FiscalNote/billsum · Datasets at Hugging Face

SECTION 1. SHORT TITLE. This Act may be cited as the ``Dr. Joseph Medicine Crow Congressional Gold Medal Act''. SEC. 2. FINDINGS. Congress finds that-- (1) born November 27, 1913, near Lodge Grass on the Crow Indian Reservation, Dr. Joseph Medicine Crow is the oldest living Crow Indian veteran; (2) Dr. Joseph Medicine Crow is recognized as a warrior by his tribe for completing all 4 actions of counting coup while serving in the United States Armed Services during World War II in Germany, France, and Italy; (3) he earned his first coup by leading a war party, a detail of soldiers, under fire, to retrieve dynamite to use for attacking German guns; (4) he earned his second and third coups by touching the first fallen enemy and stealing his weapon, and when he met a German soldier on a street in France, Dr. Medicine Crow knocked down the soldier and kicked his rifle away; (5) he earned his fourth coup by entering an enemy camp and stealing their horses by sneaking into a farm where German SS officers were holed up for the night, stealthily entering a barn and corral, mounting a horse and, with a Crow war cry, running the horses toward the Americans as ``the fireworks started'' behind him and soldiers started shooting; (6) upon returning from World War II, Dr. Joseph Medicine Crow was the first member of the Crow Tribe to earn a master's degree; (7) Dr. Joseph Medicine Crow has since received 3 honorary PhDs, from the University of Southern California, University of Montana, and Rocky Mountain College; (8) Dr. Joseph Medicine Crow has lectured throughout the world on topics such as his masters thesis, ``The Effects of European Culture Contact Upon the Economic, Social, and Religious Life of the Crow Indians''; (9) Dr. Joseph Medicine Crow has been a longtime teacher at Little Big Horn College in Crow Agency, Montana; (10) Dr. Joseph Medicine Crow is a noted tribal historian and has authored several books on Crow culture, including ``Handbook on Crow Indian Treaties & Laws'', ``Medicine Crow, a Crow Chief'', ``From the Heart of the Crow Country'', ``Whiteman Runs Him, Custer's Last Scout'', and ``Counting Coup--Becoming a Crow Chief on the Reservation and Beyond''; (11) Dr. Joseph Medicine Crow was appointed tribal historian and anthropologist by the Crow Tribal Council in 1948; (12) Dr. Joseph Medicine Crow is a renowned figure who is included in narratives of the West in major museums around the world; (13) Dr. Joseph Medicine Crow was awarded the Montana Historical Society Trustees' award for contributions to Montana history in 1992; (14) Dr. Joseph Medicine Crow was awarded the Jeff Dykes Memorial Award for Notable Contributions to Western Affairs by the Potomac Corral of the Westerners in 2000; (15) Dr. Joseph Medicine Crow was awarded the Montana Governor's Tourism Award in 2005; (16) on June 25, 2008, near the Tomb of the Unknown Soldier at the Custer Battlefield Museum in Garryowen, Montana, Dr. Joseph Medicine Crow will be awarded the French Legion of Honor Chevalier medal and the Bronze Star for his service in the United States Army during World War II; (17) Dr. Joseph Medicine Crow has been nominated for the Presidential Medal of Freedom, the Nation's highest civil award, reserved for contributions to the country's culture, history, and security; and (18) Dr. Joseph Medicine Crow has proven himself to be a highly accomplished role model by-- (A) serving the Crow Tribe and the United States with valor and heroism in World War II; (B) successfully integrating his past; and (C) educating others about his cultural heritage. SEC. 3. CONGRESSIONAL GOLD MEDAL. (a) Presentation Authorized.--The Speaker of the House of Representatives and the President pro tempore of the Senate shall make appropriate arrangements for the presentation, on behalf of the Congress, of a gold medal of appropriate design in commemoration of Dr. Joseph Medicine Crow, in recognition of his especially meritorious role as a warrior of the Crow Tribe, Army Soldier in World War II, tribal historian, and author. (b) Design and Striking.--For purposes of the presentation referred to in subsection (a), the Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall strike a gold medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary. SEC. 4. DUPLICATE MEDALS. The Secretary may strike and sell duplicates in bronze of the gold medal struck pursuant to section 3, under such regulations as the Secretary may prescribe, at a price sufficient to cover the cost thereof, including labor, materials, dies, use of machinery, and overhead expenses, and the cost of the gold medal. SEC. 5. STATUS OF MEDALS. (a) National Medals.--The medals struck pursuant to this Act are national medals for purposes of chapter 51 of title 31, United States Code. (b) Numismatic Items.--For purposes of section 5134 of title 31, United States Code, all medals struck under this Act shall be considered to be numismatic items. SEC. 6. AUTHORITY TO USE FUND AMOUNTS; PROCEEDS OF SALE. (a) Authority To Use Fund Amounts.--There are authorized to be charged against the United States Mint Public Enterprise Fund, such amounts as may be necessary to pay for the costs of the medals struck pursuant to this Act. (b) Proceeds of Sale.--Amounts received from the sale of duplicate bronze medals authorized under section 4 shall be deposited into the United States Mint Public Enterprise Fund.

Dr. Joseph Medicine Crow Congressional Gold Medal Act - Directs the Speaker of the House of Representatives and the President Pro Tempore of the Senate to make appropriate arrangements for the presentation of a congressional gold medal in commemoration of Dr. Joseph Medicine Crow to recognize his especially meritorious role as a warrior of the Crow Tribe, Army Soldier in World War II, tribal historian, and author.

A bill to award a congressional gold medal to Dr. Joseph Medicine Crow, in recognition of his especially meritorious role as a warrior of the Crow Tribe, Army Soldier in World War II, and author.

SECTION 1. FINDINGS AND PURPOSE. (a) Findings.--Congress finds the following: (1) The John H. Chafee Coastal Barrier Resources System (the System) was created by Congress when it enacted the Coastal Barrier Resources Act of 1982 (CBRA). The System is a collection of specific areas of land and associated aquatic habitats delineated on maps adopted by Congress. (2) The System was expanded by amendments adopted in 1990 and currently contains 856 units and areas consisting of approximately 3.1 million acres of undeveloped coastal land and associated aquatic habitat. (3) The original non-digital System maps were based on information that is now between 18 and 26 years old and were drawn without precision. Since 1990, to avoid inequities and to correct mapping errors, Congress has enacted 17 public laws to modify 43 units. (4) The State of South Carolina has a well-established and respected coastal management program to manage beachfront development. The State's program is designed to protect sensitive and fragile areas from inappropriate development and to provide adequate environmental safeguards with respect to the construction of facilities in the coastal zone. (5) Between 1988 and 1999, State and local regulations did not authorize development of the western end of Kiawah Island. However, in 1999, South Carolina established a setback line that represents a detailed analysis of long-term accretion trends in the area. Establishment of the setback line authorized development of a portion of Captain Sam's Inlet Unit M08 that was previously not authorized for development. In 2005, the Town of Kiawah Island's Town Council adopted a Development Agreement to authorize and regulate development of the area. (6) Kiawah Island is a world-renowned, environmental award winning community known for responsible and sound development. (7) Kiawah Island and the associated beach, dune, and hummock habitats provide a range of opportunities to increase the ecological health and value to numerous native plant and animal species. (8) To maintain the integrity of the System, the modification of Captain Sam's Inlet Unit M08 described in section 3 and the habitat enhancement actions described in section 4 will increase the fish and wildlife habitat value of the Unit and areas in proximity to the Unit. (b) Purpose.--Congress declares that it is the purpose of this Act to enhance the ecological value of Captain Sam's Inlet Unit M08 and areas in proximity to the Unit by modifying the Unit in a manner that adds 178 acres and removes approximately 61.5 acres which will soon be developed using a very low density approach, and by encouraging implementation of voluntary, supplemental ecological enhancement projects. The Unit modification will enable all residents of the area to be treated comparably. SEC. 2. DESCRIPTION OF CAPTAIN SAM'S INLET UNIT M08. (a) In General.--Captain Sam's Inlet Unit M08 includes the area along Captain Sam's Inlet at Kiawah Island's western end. It was created in 1982 and expanded in 1990. The Unit currently includes the western end of Kiawah Island, neighboring fast land to the north and associated aquatic habitat. Current acreage of the Unit is approximately 1,182 acres, including roughly 200 acres of fast land and 982 acres of associated aquatic habitat. (b) Unit M07/M07P or Bird Key.--A separate, much larger System unit covers the eastern portion of Kiawah Island. That Unit, known as Unit M07/M07P or Bird Key, is approximately 7,094 total acres, including roughly 687 acres of fast land and 6,407 acres of associated aquatic habitat. SEC. 3. MODIFICATION OF CAPTAIN SAM'S INLET UNIT M08. (a) Net Expansion.--The replacement map referenced in section 5 expands Unit M08 by 116 acres. The modified Unit increases in size from approximately 1,182 total acres to approximately 1,299 total acres (roughly 164 fast land and 1,135 associated aquatic habitat). The modification represents a ratio of approximately 3 acres added:1 acre removed. (b) Specific Changes.--The replacement map referenced in section 5-- (1) adds 178 acres to the Unit--25 acres of land in the northeastern corner of the Unit and 153 acres of associated aquatic habitat; and (2) removes 61.5 acres from the Unit--39 acres authorized for development by the State in 1999 and rezoned by the Town of Kiawah in 2005, and 22.5 acres on two adjacent islands. SEC. 4. SUPPLEMENTAL PROJECTS TO ENHANCE ECOLOGICAL VALUE. (a) Density Reductions and Conservation Easements.-- (1) There are existing entitlements for 44 dwelling units on the 25 acres of fast land that are being added to the Unit. To increase the habitat value of the modified Captain Sam's Inlet Unit M08, the owners of this land have indicated a willingness on a voluntary basis to reduce substantially these entitlements and grant conservation easements to an appropriate conservation organization. (2) There are existing entitlements for 460 dwelling units on the 61.5 acres that are being removed from the Unit. To increase the habitat value of the modified Captain Sam's Inlet Unit M08 and the area being removed from the Unit, the owners of this land have indicated a willingness on a voluntary basis to reduce substantially these entitlements and, as a result, reduce allowable density. (b) Ecological Enhancement.-- (1) A privately funded project is being developed to increase the ecological health and habitat value of the modified Captain Sam's Inlet Unit M08 and related habitat in and around Kiawah Island. The South Carolina Department of Natural Resources, the U.S. Fish and Wildlife Service, and regional and local officials and interested conservation groups are being consulted about project design and implementation. (2) The project is being designed as a valuable public- private partnership project to increase the overall ecological value of habitats for a diversity of native fauna and flora. Species likely to benefit will range from culturally and ecologically significant plant species such as sweetgrass (Muhlenbergia filipes), to indicator mammalian species such as the bobcat (Felis rufus), and declining or threatened avian species such as the piping plover (Charadrius melodus) and painted buntings (Passerine ciris). SEC. 5. REPLACEMENT OF COASTAL BARRIER RESOURCE SYSTEM MAP RELATING TO CAPTAIN SAM'S INLET UNIT M08 IN CHARLESTON COUNTY, SOUTH CAROLINA. (a) In General.--The Coastal Barrier Resource System map of Captain Sam's Inlet Unit M08 that is dated October 24, 1990, and included in the set of maps referred to in section 4(a) of the Coastal Barrier Resources Act (16 U.S.C. 3503(a)), is replaced by the map of the unit entitled ``John H. Chafee Coastal Barrier Resources System Captain Sam's Inlet Unit M08'' and dated March 2008. (b) Availability.--The Secretary of the Interior shall keep the replacement map referred to in subsection (a) on file and available for inspection in accordance with section 4(b) of the Coastal Barrier Resources Act (16 U.S.C. 3503(b)).

Replaces the John H. Chafee Coastal Barrier Resources System map "Captain Sam's Inlet Unit M08" (an area in South Carolina) with a map of the unit entitled "John H. Chafee Coastal Barrier Resources System Captain Sam's Inlet Unit M08," increasing the size of the unit.

To modify Captain Sam's Inlet Unit M08 of the John H. Chafee Coastal Barrier Resources System in Charleston County, South Carolina, and to revise the System map relating to the unit.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Project Apollo Commemorative Coin Act of 2001''. SEC. 2. FINDINGS. Congress finds the following: (1) Project Apollo in general, and the flight of Apollo 11 in particular, were milestones in the history of our Nation. (2) When referring to Project Apollo, historian Arthur Schlesinger, Jr., observed, ``The one thing for which this century will be remembered 500 years from now was: This was the century when we began the exploration of space.'' (3) Project Apollo helped demonstrate the technological and economic strength of the United States at the height of the cold war. (4) Project Apollo was an engineering triumph that successfully achieved the policy goals set by President Kennedy. (5) In only 9 years, Project Apollo advanced rocket technology from the 28-foot Redstone rocket which produced 78,000 pounds of thrust to the 363-foot Saturn V which produced 7.7 million pounds of thrust, which is comparable to building a modern commercial aircraft 9 years after the Wright brothers built their first airplane. (6) The Apollo flights are among the high points of our human achievement and allowed the entire world to view the planet Earth in a new way. SEC. 3. COIN SPECIFICATIONS. (a) Denominations.--In commemoration of the 35th anniversary of the Apollo 11 landing, and notwithstanding section 5112(m)(1) of title 31, United States Code, the Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall mint and issue the following: (1) $5 gold coins.--Not more than 100,000 $5 coins, each of which shall-- (A) weigh 8.359 grams; (B) have a diameter of 0.850 inches; and (C) contain 90 percent gold and 10 percent alloy. (2) $1 silver coins.--Not more than 500,000 $1 coins, each of which shall-- (A) weigh 26.73 grams; (B) have a diameter of 1.500 inches; and (C) contain 90 percent silver and 10 percent copper. (b) Legal Tender.--The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic Items.--For purposes of section 5136 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. (d) Sources of Bullion.--The Secretary may obtain silver for minting coins under this Act from any available source, including stockpiles established under the Strategic and Critical Materials Stock Piling Act (Public Law 76-117; 50 U.S.C. 98, et seq.). SEC. 4. DESIGN OF COINS. (a) In General.--The design of the coins minted under this Act shall be emblematic of the 35th anniversary of the Apollo 11 lunar landing. (b) Designation and Inscriptions.--On each coin minted under this Act there shall be-- (1) a designation of the value of the coin; (2) an inscription of the year ``2004''; and (3) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. (c) Selection.--The design for the coins minted under this Act shall be selected by the Secretary after-- (1) consultation with the Commission of Fine Arts; and (2) receiving the advice of the Citizens Commemorative Coin Advisory Committee. SEC. 5. ISSUANCE OF COINS. (a) Quality of Coins.--Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Mint Facility.--Only 1 facility of the United States Mint may be used to strike any particular quality of the coins minted under this Act. (c) Commencement of Issuance.--The Secretary may issue coins minted under this Act beginning on January 1, 2004. (d) Termination of Minting.--No coins may be minted under this Act after December 31, 2004. SEC. 6. SALE OF COINS. (a) Sale Price.--The coins issued under this Act shall be sold by the Secretary at a price equal to the sum of-- (1) the face value of the coins; (2) the surcharges required by section 7(a) with respect to such coins; and (3) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, discounts, marketing, and shipping). (b) Bulk Sales.--The Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (c) Prepaid Orders.--The Secretary shall accept prepaid orders received before January 1, 2004 for the coins minted under this Act. The sale prices with respect to such prepaid orders shall be at a reasonable discount. SEC. 7. SURCHARGES. (a) Assessment.--Any sale by the Secretary of a coin minted under this Act shall include a surcharge as follows: (1) A surcharge of $35 per coin for the $5 coin. (2) A surcharge of $10 per coin for the $1 coin. (b) Distribution.-- (1) In general.--Subject to section 5134(f) of title 31, United States Code, the proceeds from the surcharges received by the Secretary from the sale of coins issued under this Act shall be paid promptly by the Secretary to the National Air and Space Museum of the Smithsonian Institution for the purposes of-- (A) collecting, exhibiting, and caring for objects related to Project Apollo; and (B) documenting and researching the mission of Project Apollo (including a collective outreach to the workers associated with Project Apollo for the contribution of their memories regarding Project Apollo). (2) Audits.--The National Air and Space Museum of the Smithsonian Institution shall be subject to the audit requirements of section 5134(f)(2) of title 31, United States Code, with regard to the amounts received by the museum under paragraph (1). SEC. 8. FINANCIAL ASSURANCES. (a) No Net Cost to the Government.--The Secretary shall take such actions as may be necessary to ensure that minting and issuing coins under this Act does not result in any net cost to the United States Government. (b) Payment for Coins.--The Secretary shall not issue a coin minted under this Act unless the Secretary has first received-- (1) full payment for the coin; (2) security satisfactory to the Secretary to indemnify the United States for full payment; or (3) a guarantee of full payment satisfactory to the Secretary from a depository institution, the deposits of which are insured by the Federal Deposit Insurance Corporation or the National Credit Union Administration Board.

Project Apollo Commemorative Coin Act of 2001 - Directs the Secretary of the Treasury to mint and issue five-dollar gold coins and one-dollar silver coins emblematic of the 35th anniversary of the Apollo 11 lunar landing.

To require the Secretary of the Treasury to mint coins in commemoration of Project Apollo.

SECTION 1. INLAND EMPIRE REGIONAL WATER RECYCLING PROJECT. (a) In General.--The Reclamation Wastewater and Groundwater Study and Facilities Act (Public Law 102-575, title XVI; 43 U.S.C. 390h et seq.) is amended by adding at the end the following: ``SEC. 1635. INLAND EMPIRE REGIONAL WATER RECYCLING PROJECT. ``(a) In General.--The Secretary, in cooperation with the Inland Empire Utilities Agency, may participate in the design, planning, and construction of the Inland Empire regional water recycling project described in the report submitted under section 1606. ``(b) Cost Sharing.--The Federal share of the cost of the project described in subsection (a) shall not exceed 25 percent of the total cost of the project. ``(c) Limitation.--Funds provided by the Secretary shall not be used for operation or maintenance of the project described in subsection (a). ``(d) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $20,000,000.''. (b) Conforming Amendment.--The table of sections in section 2 of Public Law 102-575 is amended by inserting after the item relating to section 1634 the following: ``Sec. 1635. Inland Empire Regional Water Recycling Project.''. SEC. 2. REGIONAL BRINE LINES. (a) In General.--The Reclamation Wastewater and Groundwater Study and Facilities Act (Public Law 102-575, title XVI; 43 U.S.C. 390h et seq.) is further amended by adding at the end the following: ``SEC. 1636. REGIONAL BRINE LINES. ``(a) In General.-- ``(1) Southern california.--The Secretary, in cooperation with units of local government, may carry out a program under the Federal reclamation laws to assist agencies in projects to construct regional brine lines to export the salinity imported from the Colorado River to the Pacific Ocean as identified in-- ``(A) the Salinity Management Study prepared by the Bureau of Reclamation and the Metropolitan Water District of Southern California; and ``(B) the Southern California Comprehensive Water Reclamation and Reuse Study prepared by the Bureau of Reclamation. ``(2) San francisco bay and santa clara valley.--The Secretary may carry out a study of, and a program under the Federal reclamation laws to assist water agencies in, projects to construct regional brine lines in the San Francisco Bay area and the Santa Clara Valley area, California. ``(b) Agreements and Regulations.--The Secretary may enter into such agreements and promulgate such regulations as are necessary to carry out this section. ``(c) Cost Sharing.-- ``(1) Projects.--The Federal share of the cost of a project to construct regional brine lines described in subsection (a) shall not exceed-- ``(A) 25 percent of the total cost of the project; or ``(B) $50,000,000. ``(2) Study.--The Federal share of the cost of the study described in subsection (a)(2) shall be 50 percent. ``(d) Limitation.--Funds provided by the Secretary shall not be used for operation or maintenance of any project described in subsection (a).''. (b) Conforming Amendment.--The table of sections in section 2 of Public Law 102-575 is further amended by inserting after the item relating to section 1635 the following: ``Sec. 1636. Regional brine lines.''. SEC. 3. LOWER CHINO DAIRY AREA DESALINATION DEMONSTRATION AND RECLAMATION PROJECT. (a) In General.--The Reclamation Wastewater and Groundwater Study and Facilities Act (Public Law 102-575, title XVI; 43 U.S.C. 390h et seq.) is further amended by adding at the end the following: ``SEC. 1637. LOWER CHINO DAIRY AREA DESALINATION DEMONSTRATION AND RECLAMATION PROJECT. ``(a) In General.--The Secretary, in cooperation with the Chino Basin Watermaster, the Inland Empire Utilities Agency, the Western Municipal Water District, and the Santa Ana Watershed Project Authority and acting under the Federal reclamation laws, shall participate in the design, planning, and construction of the Lower Chino Dairy Area desalination demonstration and reclamation project. ``(b) Cost Sharing.--The Federal share of the cost of the project described in subsection (a) shall not exceed-- ``(1) 25 percent of the total cost of the project; or ``(2) $50,000,000. ``(c) Limitation.--Funds provided by the Secretary shall not be used for operation or maintenance of the project described in subsection (a). ``(d) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this section.''. (b) Conforming Amendment.--The table of sections in section 2 of Public Law 102-575 is further amended by inserting after the item relating to section 1636 the following: ``Sec. 1637. Lower Chino Dairy Area desalination demonstration and reclamation project.''.

Amends the Reclamation Wastewater and Groundwater Study and Facilities Act to authorize the Secretary of the Interior: (1) in cooperation with the Inland Empire Utilities Agency, to participate in the design, planning, and construction of the Inland Empire regional water recycling project; (2) in cooperation with local governments, to carry out a program to assist agencies in projects to construct regional brine lines to export the salinity imported from the Colorado River to the Pacific Ocean; (3) to carry out a study and program to assist water agencies in projects to construct such brine lines in San Francisco Bay and Santa Clara Valley, California; and (4) in cooperation with the Chino Basin Watermaster, the Inland Empire Utilities Agency, the Western Municipal Water District, and the Santa Ana Watershed Project Authority, to participate in the design, planning, and construction of the Lower Chino Dairy Area desalination demonstration and reclamation project.

To amend the Reclamation Wastewater and Groundwater Study and Facilities Act to authorize the Secretary of the Interior to participate in the Inland Empire regional water recycling project, to authorize the Secretary to carry out a program to assist agencies in projects to construct regional brine lines in California, and to authorize the Secretary to participate in the Lower Chino Dairy Area desalination demonstration and reclamation project.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Comprehensive Immunosuppressive Drug Coverage for Kidney Transplant Patients Act of 2016''. SEC. 2. MEDICARE ENTITLEMENT TO IMMUNOSUPPRESSIVE DRUGS FOR KIDNEY TRANSPLANT RECIPIENTS. (a) Kidney Transplant Recipients.--Section 226A(b)(2) of the Social Security Act (42 U.S.C. 426-1(b)(2)) is amended by inserting ``(except for eligibility for enrollment under part B solely for purposes of coverage of immunosuppressive drugs described in section 1861(s)(2)(J))'' before ``, with the thirty-sixth month''. (b) Individuals Eligible Only for Coverage of Immunosuppressive Drugs.-- (1) In general.--Section 1836 of the Social Security Act (42 U.S.C. 1395o) is amended-- (A) by striking ``Every'' and inserting ``(a) In General.--Every''; and (B) by inserting at the end the following new subsection: ``(b) Individuals Eligible for Immunosuppressive Drug Coverage.-- Beginning on January 1, 2017, every individual whose insurance benefits under part A has ended (whether before, on, or after such date) by reason of section 226A(b)(2) is eligible for enrollment in the insurance program established by this part solely for purposes of coverage of immunosuppressive drugs.''. (2) Conforming amendment.--Sections 1837, 1838, and 1839 of the Social Security Act (42 U.S.C. 1395(o), 42 U.S.C. 1395(p), 42 U.S.C. 1395(q)) are each amended by striking ``1836'' and inserting ``1836(a)'' each place it appears. (c) Enrollment for Individuals Only Eligible for Coverage of Immunosuppressive Drugs.--Section 1837 of the Social Security Act (42 U.S.C. 1395(p)) is amended by adding at the end the following new subsection: ``(m)(1) Any individual who is eligible under section 1836(b) to enroll in the medical insurance program established under this part for purposes of coverage of immunosuppressive drugs may enroll only in such manner and form as may be prescribed by regulations, and only during an enrollment period described in this subsection. ``(2) An individual described in paragraph (1) may enroll beginning on the first day of the third month before the month in which the individual first satisfies section 1836(b). ``(3) An individual described in paragraph (1) whose entitlement for hospital insurance benefits under part A ends by reason of section 226A(b)(2) on or after January 1, 2017, shall be deemed to have enrolled in the medical insurance program established by this part for purposes of coverage of immunosuppressive drugs.''. (d) Coverage Period for Individuals Only Eligible for Coverage of Immunosuppressive Drugs.-- (1) In general.--Section 1838 of the Social Security Act (42 U.S.C. 1395(q)) is amended by adding at the end the following new subsection: ``(g) In the case of an individual described in section 1836(b), the following rules shall apply: ``(1) In the case of such an individual who is deemed to have enrolled in part B for coverage of immunosuppressive drugs under section 1837(m)(3), such individual's coverage period shall begin on the first day of the month in which the individual first satisfies section 1836(b). ``(2) In the case of such an individual who enrolls in part B for coverage of immunosuppressive drugs under section 1837(m)(2), such individual's coverage period shall begin on the first day of the month in which the individual first satisfies section 1836(b) or the month following the month in which the individual so enrolls, whichever is later. ``(3) The provisions of subsections (b) and (d) shall apply with respect to an individual described in paragraph (1) or (2). ``(4) In addition to the reasons for termination under subsection (b), the coverage period of an individual described in paragraph (1) or (2) shall end when the individual becomes entitled to benefits under this title under section 226(a), 226(b), or 226A.''. (2) Conforming amendments.--Section 1838(b) is amended in the matter following paragraph (2) by adding ``or section 1837(m)(3)'' after ``section 1837(f)'' each place it appears. (e) Premiums for Individuals Only Eligible for Coverage of Immunosuppressive Drugs.--Section 1839 of the Social Security Act (42 U.S.C. 1395r) is amended-- (1) in subsection (b), by adding at the end the following new sentence: ``No increase in the premium shall be effected for individuals who are enrolled pursuant to section 1836(b) for coverage only of immunosuppressive drugs.''; and (2) by adding at the end the following new subsection: ``(j) Determination of Premium for Individuals Only Eligible for Coverage of Immunosuppressive Drugs.--The Secretary shall, during September of each year, determine and promulgate a monthly premium rate for the succeeding calendar year for individuals who enroll only for the purpose of coverage of immunosuppressive drugs under section 1836(b). Such premium shall be equal to 35 percent of the monthly actuarial rate for enrollees age 65 and over, determined according to paragraph (1), for that succeeding calendar year. The monthly premium of each individual enrolled for coverage of immunosuppressive drugs under section 1836(b) for each month shall be the amount promulgated in this subsection. Such amount shall be adjusted in accordance with subsections (c) and (f).''. (f) Government Contribution.--Section 1844(a) of the Social Security Act (42 U.S.C. 1395(w)) is amended-- (1) in paragraph (3), by striking the period at the end and inserting ``; plus''; (2) by adding after paragraph (3) the following new paragraph: ``(4) a Government contribution equal to the estimated aggregate reduction in premiums payable under part B that results from establishing the premium at 35 percent of the actuarial rate under section 1839(j) instead of 50 percent of the actuarial rate for individuals who enroll only for the purpose of coverage of immunosuppressive drugs under section 1836(b).''; and (3) by adding at the end the following flush matter: ``The Government contribution under paragraph (4) shall be treated as premiums payable and deposited for purposes of subparagraphs (A) and (B) of paragraph (1).''. (g) Extension of Secondary Payer Requirements for ESRD Beneficiaries Eligible for Coverage of Immunosuppressive Drugs.-- Section 1862(b)(1)(C) (42 U.S.C. 1395(y)(b)(1)) is amended by adding at the end the following new sentence: ``With regard to immunosuppressive drugs furnished to an individual who enrolls for the purpose of coverage of immunosuppressive drugs under section 1836(b) on or after January 1, 2017, this subparagraph shall apply without regard to any time limitation, except that when such individual becomes entitled to benefits under this title under sections 226(a) or 226(b), or entitled to or eligible for benefits under this title under section 226A, the provisions of subparagraphs (A) and (B), and the time limitations under this subparagraph, respectively, shall apply.''. (h) Ensuring Coverage Under the Medicare Savings Program.--Section 1905(p)(1)(A) of the Social Security Act (42 U.S.C. 1396d(p)(1)(A)) is amended by inserting ``or an individual who is enrolled under part B for the purpose of coverage of immunosuppressive drugs under section 1836(b)'' after ``section 1818''. (i) Part D.--Section 1860D-1(a)(3)(A) of the Social Security Act (42 U.S.C. 1395w-101(a)(3)(A)) is amended by inserting ``(but not including an individual enrolled solely for coverage of immunosuppressive drugs under section 1836(b))'' before the period at the end.

Comprehensive Immunosuppressive Drug Coverage for Kidney Transplant Patients Act of 2016 This bill amends titles II (Old Age, Survivors, and Disability Insurance) and XVIII (Medicare) of the Social Security Act to indefinitely extend Medicare coverage of immunosuppressive drugs for kidney transplant recipients. Under current law, such coverage is limited to 36 months following a transplant.

Comprehensive Immunosuppressive Drug Coverage for Kidney Transplant Patients Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``Shareholder and Employee Rights Restoration Act of 2002''. SEC. 2. REPEAL OF PROVISIONS OF LAW LIMITING SHAREHOLDER ACTIONS UNDER THE SECURITIES LAWS. (a) Repeals.--The following provisions of law are repealed: (1) Subsections (b), (c), and (d) of section 27 of the Securities Act of 1933 (15 U.S.C. 77z-1(b), (c), (d)). (2) Section 27A of the Securities Act of 1933 (15 U.S.C. 77z-2). (3) Section 21E of the Securities Exchange Act of 1934 (15 U.S.C. 78u-5). (4) Section 11(f)(2) of the Securities Act of 1933 (15 U.S.C. 77k(f)(2)). (5) Subsections (b) through (f) of section 16 of the Securities Act of 1933 (15 U.S.C. 77p(b)-(f)). (6) Subsection (f) of section 28 of the Securities Exchange Act of 1934 (15 U.S.C. 78bb(f)). (b) Additional Amendments To Protect Shareholder Actions and Whistleblowers.--Section 21D of the Securities Exchange Act of 1934 (15 U.S.C. 78u-4) is amended-- (1) in subsection (a)-- (A) by striking paragraph (8); and (B) by redesignating paragraph (9) as paragraph (8); (2) in subsection (b)-- (A) by inserting ``, but not the sources of those facts,'' after ``particularity all facts'' in paragraph (1); (B) by striking ``strong'' in paragraph (2); (C) by striking paragraph (3); (D) by redesignating paragraph (4) as paragraph (3); and (3) by striking subsections (c) through (f). (c) Conforming Amendments.-- (1) Section 16 of the Securities Act of 1933 (15 U.S.C. 77p) is amended by striking ``(a) Remedies Additional.--Except as provided in subsection (b), the rights'' and inserting ``The rights''. (2) Section 22(a) of the Securities Act of 1933 (15 U.S.C. 77v(a)) is amended-- (A) by striking ``except as provided in section 16 with respect to covered class actions,''; and (B) by striking ``Except as provided in section 16(c), no case'' and inserting ``No case''. (3) Section 28(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78bb(a)) is amended by striking ``Except as provided in subsection (f), the rights'' and inserting ``The rights''. SEC. 3. RESTORATION OF AIDING AND ABETTING LIABILITY. (a) Securities Act of 1933.--Section 20 of the Securities Act of 1933 (15 U.S.C. 77t) is amended by adding at the end the following new subsection: ``(g) Prosecution of Persons Who Aid or Abet Violations.--For purposes of subsections (b) and (d), any person who knowingly or recklessly provides substantial assistance to another person in the violation of a provision of this title, or of any rule or regulation hereunder, shall be deemed to violate such provision to the same extent as the person to whom such assistance is provided. No person shall be liable under this subsection based on an omission or failure to act unless such omission or failure constituted a breach of a duty owed by such person.''. (b) Securities Exchange Act of 1934.--Section 20(e) of the Securities Exchange Act of 1934 (15 U.S.C. 78t(e)) is amended to read as follows: ``(e) Prosecution of Persons Who Aid or Abet Violations.--For purposes of subsections (d)(1) and (d)(3) of section 21, or an action by a self-regulatory organization, or an express or implied private right of action under this title, any person who knowingly or recklessly provides substantial assistance to another person in the violation of a provision of this title, or of any rule or regulation thereunder, shall be deemed to violate such provision and shall be liable to the same extent as the person to whom such assistance is provided. No person shall be liable under this subsection based on an omission or failure to act unless such omission or failure constituted a breach of a duty owed by such person.''. (c) Investment Company Act of 1940.--Section 42 of the Investment Company Act of 1940 (15 U.S.C. 80a-41) is amended by adding at the end the following new subsection: ``(f) Prosecution of Persons Who Aid or Abet Violations.--For purposes of subsections (d) and (e), any person who knowingly or recklessly provides substantial assistance to another person in the violation of a provision of this title, or of any rule, regulation, or order hereunder, shall be deemed to violate such provision to the same extent as the person to whom such assistance is provided. No person shall be liable under this subsection based on an omission or failure to act unless such omission or failure constituted a breach of a duty owed by such person.''. (d) Investment Advisers Act of 1940.--Section 209(d) of the Investment Advisers Act of 1940 (15 U.S.C. 80b-9) is amended-- (1) in subsection (d)-- (A) by striking ``or that any person has aided, abetted, counseled, commanded, induced, or procured, is aiding, abetting, counseling, commanding, inducing, or procuring, or is about to aid, abet, counsel, command, induce, or procure such a violation,''; and (B) by striking ``or in aiding, abetting, counseling, commanding, inducing, or procuring any such act or practice''; and (2) by adding at the end the following new subsection: ``(f) Prosecution of Persons Who Aid or Abet Violations.--For purposes of subsections (d) and (e), any person who knowingly or recklessly provides substantial assistance to another person in the violation of a provision of this title, or of any rule, regulation, or order hereunder, shall be deemed to violate such provision to the same extent as the person to whom such assistance is provided. No person shall be liable under this subsection based on an omission or failure to act unless such omission or failure constituted a breach of duty owed by such person.''. SEC. 4. LIMITATIONS PERIOD FOR IMPLIED PRIVATE RIGHTS OF ACTION. Section 27A of the Securities Exchange Act of 1934 (15 U.S.C. 78aa- 1) is amended to read as follows: ``SEC. 27A. LIMITATIONS PERIOD FOR IMPLIED PRIVATE RIGHTS OF ACTION. ``(a) In General.--Except as otherwise provided in this title, an implied private right of action arising under this title shall be brought not later than 3 years after the date on which the alleged violation was discovered. ``(b) Effective Date.--The limitations period provided by this section shall apply to all proceedings pending on or commenced after the date of enactment of the Shareholder and Employee Rights Restoration Act.''.

Shareholder and Employee Rights Restoration Act of 2002 - Amends the Securities Act of 1933 governing private securities litigation to repeal: (1) certain limits on private class actions; (2) the safe harbor applied to forward-looking statements (corporate predictions); (3) proportionate liability of an outside director; and (4) limitations on class action remedies.Amends the Securities Exchange Act of 1934 to repeal guidelines governing: (1) the safe harbor applied to corporate predictions; (2) limitations on class actions remedies; (3) court-ordered security for payment of costs in class actions; (4) motions to dismiss and stay of discovery; (5) sanctions for abusive litigation; (6) written interrogatories as to defendant's state of mind; (7) limitation on damages; and (8) proportionate liability.Modifies guidelines for a securities fraud action to prohibit a complaint based upon information and belief from specifying the source of the facts upon which such belief is formed (thus granting whistle blower protection).Amends the Securities Act of 1933 and the Investment Advisers Act of 1940 to establish liability for aiding and abetting securities violations.Amends the Securities Exchange Act of 1934 to modify guidelines governing aiding and abetting.Extends the statute of limitations for an implied private right of action to no later than three years after the date on which the alleged violation was discovered.

To repeal the provisions of the Private Securities Litigation Reform Act and the Securities Litigation Uniform Standards Act that limit private securities actions, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Transparency and Accountability in Intelligence Contracting Act of 2008''. SEC. 2. ANNUAL SURVEY OF INTELLIGENCE COMMUNITY CONTRACTORS. (a) In General.--Title V of the National Security Act of 1947 (50 U.S.C. 413 et seq.) is amended by inserting after section 506A the following new section: ``SEC. 506B. ANNUAL CONTRACTOR PERSONNEL LEVEL ASSESSMENTS FOR THE INTELLIGENCE COMMUNITY. ``(a) Requirement To Provide.--The Director of National Intelligence shall, in consultation with the head of the element of the intelligence community concerned, prepare an annual assessment for such element of the intelligence community that assesses such element's use of private contractors and private contractor personnel. ``(b) Schedule.--Each assessment required by subsection (a) shall be submitted to the congressional intelligence committees each year along with the budget submitted by the President under section 1105 of title 31, United States Code. ``(c) Contents.--Each assessment required by subsection (a) submitted during a fiscal year shall contain, at a minimum, the following information for the element of the intelligence community concerned: ``(1) The total number and costs of contractors funded by the element during the previous fiscal year. ``(2) The best estimate of the total number of personnel working on the contracts funded by the element during the previous fiscal year. ``(3) The best estimate of the number and costs of contractors to be funded by the element for the upcoming fiscal year. ``(4) The proposed numerical and percentage increase or decrease of such costs of contracts as compared to the best estimate of the costs of contracts of the current fiscal year. ``(5) The proposed numerical and percentage increase or decrease of such costs of contracts as compared to the cost of contracts, and the number of contracts, during the prior 5 fiscal years. ``(6) A written description of the types of activities being performed by contractors. ``(7) A list of all contractors that have been the subject of an investigation completed by the Inspector General of any element of the intelligence community during the preceding fiscal year, or are or have been the subject of an investigation by such an Inspector General during the current fiscal year, or are currently or have been during the previous fiscal year the subject of a United States or foreign criminal investigation in connection with activities performed under a contract awarded by any element of the intelligence community, as well as any charges filed in connection with the investigation and the findings or disposition of the investigation. ``(8) A statement by the Director of National Intelligence that, based on current and projected funding, the element concerned will have sufficient-- ``(A) training resources to support the anticipated scope of contractor activity for the upcoming fiscal year; and ``(B) resources and infrastructure to support the administration, management, and oversight of the anticipated scope of contractor activity for the upcoming fiscal year.''. (b) Clerical Amendment.--The table of contents in the first section of that Act is amended by inserting after the item relating to section 506A the following new item: ``Sec. 506B. Annual contractor personnel level assessment for the intelligence community.''. SEC. 3. TRANSPARENCY AND ACCOUNTABILITY IN INTELLIGENCE CONTRACTING. (a) Information on Activities To Be Performed.--Each covered contract shall require the contractor to provide to the contracting officer for the contract, not later than 5 days after award of the contract, the following information regarding activities performed under the contract: (1) The best estimate of the number of persons to be used to perform such activities. (2) A description of how such persons are trained to carry out tasks specified under the contract relating to such activities. (3) A description of the process used to hire such persons, including the method by which and the extent to which background checks regarding such persons are conducted. (4) A description of each category of activity relating to such functions required by the contract. (5) The best estimate of the number of foreign nationals to be employed under the contract. (b) Updates.--The information provided under subsection (a) shall be updated during contract performance as necessary. (c) Information on Costs.--Each covered contract shall include the following requirements: (1) Upon award of the contract, the contractor shall provide to the contracting officer cost estimates of salary, benefits, insurance, materials, logistics, administrative costs, and other costs of carrying out activities under the contract. (2) Before contract closeout (other than closeout of a firm, fixed price contract), the contractor shall provide to the contracting officer a report on the actual costs of carrying out activities under the contract, in the same categories as provided under paragraph (1). (d) Information To Be Provided to Congress Upon Request.--The head of each element of the intelligence community shall make available to Congress any information provided under this section upon request by a Member or committee of Congress. SEC. 4. PROHIBITION ON THE USE OF PRIVATE CONTRACTORS FOR ACTIVITIES INVOLVING PERSONS UNDER THE CUSTODY OR CONTROL OF THE UNITED STATES GOVERNMENT. (a) Notwithstanding any other provision of law, no executive department or agency shall award a contract for performance related to activities described in subsection (b). (b) Subsection (a) shall apply to any activity relating to the capture, custody, control, or other pertinent interaction with an individual who is a detainee or prisoner in the custody or under the effective control of the United States Government, including, with regard to such an individual-- (1) arrest; (2) interrogation; (3) detention; or (4) transportation or transfer. (c) Subsection (b) shall not be construed to include the performance of work is related to language interpretation, so long as the work is strictly limited to language interpretation and occurs under the direct supervision of a United States Government personnel. (d) The President shall have six months following the date of the enactment of this Act to ensure compliance with subsection (a). SEC. 5. REPORT ON THE USE OF PRIVATE CONTRACTORS FOR INTELLIGENCE ACTIVITIES. (a) Requirement for Report.--Not later than 120 days following the date of the enactment of this Act, the Director of National Intelligence shall submit to Congress a report describing the personal services activities performed by contractors across the intelligence community, the impact of such contractors on the intelligence community workforce, plans for conversion of contractor employment into Government employment, and the accountability mechanisms that govern the performance of such contractors. (b) Content.-- (1) In general.--The report submitted under subsection (a) shall include-- (A) a description of any relevant regulations or guidance issued by the Director of National Intelligence or the head of an element of the intelligence community relating to minimum standards required regarding the hiring, training, security clearance, and assignment of contract personnel and how those standards may differ from those for Government employees performing substantially similar functions; (B) an identification of contracts where the contractor is providing a substantially similar functions to a Government employee; (C) an assessment of costs incurred or savings achieved by awarding contracts for the performance of such functions referred to in subparagraph (B) instead of using full-time employees of the elements of the intelligence community to perform such functions; (D) an assessment of the appropriateness of using contractors to perform the activities described in paragraph (2); (E) an estimate of the number of contracts, and the number of personnel working under such contracts, related to the performance of activities described in paragraph (2); (F) a comparison of the compensation of contract employees and Government employees performing substantially similar functions; (G) an analysis of the attrition of Government personnel associated with the reliance on contractor positions that provide substantially similar functions; (H) an analysis of accountability mechanisms available to each element of the intelligence community, including regulations and provisions included within services contracts; (I) an analysis of procedures in use in the intelligence community for conducting oversight of contractors to ensure identification and prosecution of criminal violations, financial waste, fraud, or other abuses committed by contractors or contract personnel; and (J) an identification of best practices of accountability mechanisms within services contracts. (2) Activities.--Activities described in this paragraph are the following: (A) Intelligence collection. (B) Intelligence analysis. (C) Covert actions. (D) Conduct of electronic or physical surveillance or monitoring of United States citizens in the United States. (3) Form.--The report required under paragraph (1) shall be submitted in unclassified form, but may include a classified annex. SEC. 6. DEFINITIONS. In this Act: (a) Intelligence Community.--The term ``intelligence community'' has the meaning given the term in section 3(4) of the National Security Act of 1947 (50 U.S.C. 401a(4)). (b) Element of the Intelligence Community.--The term ``element of the intelligence community'' means an element of the intelligence community listed in or designated under section 3(4) of the National Security Act of 1947 (50 U.S.C. 401a(4)). (c) Covered Contract.--The term ``covered contract'' means-- (1) a prime contract with any agency or office that is part of the intelligence community; (2) a subcontract at any tier under any prime contract with an office or agency referred to in paragraph (1); or (3) a task order issued under a task or delivery order contract entered into by an office or agency referred to in paragraph (1); if the contract, subcontract, or task order is valued at more than $1,000,000 and includes personal services activities to be performed either within or outside the United States.

Transparency and Accountability in Intelligence Contracting Act of 2008 - Amends the National Security Act of 1947 to require the Director of National Intelligence (DNI) to prepare an annual assessment for such element of the intelligence community (IC) that assesses such element's use of private contractors and private contractor personnel. Requires each assessment to be submitted to the congressional intelligence committees. Directs that each contract, subcontract, or task or delivery order entered into with an IC element shall require the contractor to provide to the IC element contracting officer certain information on the personnel performing contracting activities, including their training, the process used to hire the individuals, and the number of foreign nationals employed. Prohibits the use of private contractors for the arrest, interrogation, detention, or transportation or transfer of persons under government custody or control. Requires a report from the DNI to Congress describing the personal services activities performed by contractors across the IC, the impact of such contractors on the IC workforce, plans for conversion of contractor employment into government employment, and accountability mechanisms governing the performance of such contractors.

To enhance transparency and accountability within the intelligence community for activities performed under Federal contracts, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Knife Owners' Protection Act of 2014''. SEC. 2. INTERSTATE TRANSPORT OF KNIVES. (a) Definition.--In this section, the term ``transport''-- (1) includes staying in temporary lodging overnight, common carrier misrouting or delays, stops for food, fuel, vehicle maintenance, emergencies, medical treatment, and any other activity related to the journey of an individual; and (2) does not include transport of a knife with the intent to commit an offense punishable by imprisonment for a term exceeding 1 year involving the use or threatened use of force against another person, or with knowledge, or reasonable cause to believe, that such an offense is to be committed in the course of, or arising from, the journey. (b) Transport of Knives.-- (1) In general.--Notwithstanding any other provision of law, rule, or regulation of the United States, or of a State or political subdivision of a State, an individual who is not otherwise prohibited by Federal law from possessing, transporting, shipping, or receiving a knife may transport a knife from any State or place where the individual may lawfully possess, carry, or transport the knife to any other State or place where the individual may lawfully possess, carry, or transport the knife if-- (A) in the case of transport by motor vehicle, the knife is not directly accessible from the passenger compartment of the motor vehicle, or, in the case of a motor vehicle without a compartment separate from the passenger compartment, the knife is contained in a locked container, glove compartment, or console; or (B) in the case of transport by means other than a motor vehicle, including any transport over land, on or through water, or through the air, the knife is contained in a locked container. (2) Temporary lodging.--An individual transporting a knife in accordance with paragraph (1) may have a knife accessible while staying in any form of temporary lodging. (c) Emergency Knives.-- (1) In general.--An individual-- (A) may carry in the passenger compartment of a motor vehicle a knife or tool designed for enabling escape in an emergency that incorporates a blunt tipped safety blade or a guarded blade or both for cutting safety belts; and (B) shall not be required to secure a knife or tool described in subparagraph (A) in a locked container, glove compartment, or console. (2) Limitation.--This subsection shall not apply to the transport of a knife or tool in the passenger cabin of an aircraft whose passengers are subject to airport screening procedures of the Transportation Security Administration. (d) No Arrest or Detention.--An individual who is transporting a knife in compliance with this section may not be arrested or otherwise detained for violation of any law, rule, or regulation of a State or political subdivision of a State related to the possession, transport, or carrying of a knife, unless there is probable cause to believe that the individual is not in compliance with subsection (b). (e) Claim or Defense.--An individual may assert this section as a claim or defense in any civil or criminal action or proceeding. When an individual asserts this section as a claim or defense in a criminal proceeding, the State or political subdivision has the burden of proving, beyond a reasonable doubt, that the individual was not in compliance with subsection (b). (f) Right of Action.-- (1) In general.--Any individual who, under color of any statute, ordinance, regulation, custom, or usage, of any State or political subdivision of a State, subjects, or causes to be subjected, any individual to the deprivation of the rights, privileges, or immunities provided for in this section, shall be liable to the individual so deprived in an action at law or equity, or other proper proceeding for redress. (2) Attorney's fees.-- (A) In general.--If an individual asserts this section as a claim or defense, the court shall award to the prevailing party, as described in subparagraph (B), reasonable attorney's fees. (B) Prevailing party.--A prevailing party described in this subparagraph-- (i) includes a party who receives a favorable resolution through a decision by a court, settlement of a claim, withdrawal of criminal charges, or change of a statute or regulation; and (ii) does not include a State or political subdivision of a State, or an employee or representative of a State or political subdivision of a State. (g) Rule of Construction.--Nothing in this section shall be construed to limit any right to possess, carry, or transport a knife under applicable State law.

Knife Owners' Protection Act of 2014 - Allows any individual who is not otherwise prohibited by federal law from possessing, transporting, shipping, or receiving a knife to transport a knife from any state or place where such individual may lawfully possess, carry, or transport such a knife to any other state or place where such individual may lawfully do so: (1) by motor vehicle if the knife is not directly accessible from the passenger compartment or is in a locked container, glove compartment, or console; or (2) by other means over land or through water or the air if the knife is in a locked container. Excludes the transport of a knife with the intent to commit an offense punishable by imprisonment for a term exceeding one year involving the use or threatened use of force against another person or with knowledge, or reasonable cause to believe, that such an offense is to be committed in the course of, or arising from, the journey. Authorizes an individual transporting a knife in accordance with such requirements to have a knife accessible while staying in any form of temporary lodging. Allows an individual to carry a knife or tool that is designed for enabling escape in an emergency and that incorporates a blunt tipped safety blade or a guarded blade or both for cutting safety belts in the passenger compartment of a motor vehicle without being secured in a locked container, glove compartment, or console, except in the passenger cabin of aircraft whose passengers are subject to airport screening procedures of the Transportation Security Administration (TSA). Establishes a cause of action by individuals subjected to deprivation of rights provided under this Act. Requires the court to award reasonable attorney's fees to the prevailing party if an individual asserts this Act as a claim or defense.

Knife Owners' Protection Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Airline Bankruptcy Passenger Protection Act of 1993''. SEC. 2. REPORTING AND OTHER REQUIREMENTS. (a) In General.--Title IV of the Federal Aviation Act of 1958 (49 U.S.C. App. 1371-1389) is amended by adding at the end thereof the following new section: ``SEC. 420. BANKRUPTCY TRANSPORTATION PLANS. ``(a) Development.-- ``(1) Order.--Not later than 60 days after the date of the enactment of this section, the Secretary shall issue an order authorizing covered air carriers to develop a plan for providing air transportation for any person who holds an airline ticket for provision of such transportation by a covered air carrier who, after the date of purchase of such ticket, becomes a debtor in a case under title 11, United States Code. Such order shall also include an exemption in accordance with section 414. ``(2) Deadline for submission.--Any plan developed under paragraph (1) shall be submitted to the Secretary for approval within 180 days after the date of the enactment of this section. ``(b) Time Limit and Basis for Approval.--If a plan is submitted to the Secretary in accordance with subsection (a), the Secretary shall approve or disapprove such plan within 60 days after the date of such submission. If the Secretary determines that such plan will provide (or would provide if all covered air carriers participate in implementation of such plan) satisfactory protection for all persons who hold airline tickets described in subsection (a), the Secretary shall approve such plan. Otherwise, the Secretary shall disapprove such plan. ``(c) Implementation of Approved Plans.--If the Secretary approves a plan under this section, the Secretary shall issue an order requiring implementation of such plan by the covered air carriers who submitted such plan and any other covered air carriers. If there are any covered air carriers who did not participate in development of a plan approved under this section, such carriers shall be treated under such order and plan in the same manner as carriers who did participate in development of such plan. ``(d) Regulations.--If a plan described in subsection (a) is not submitted within 180 days after the date of the enactment of this section, or if the Secretary disapproves a plan submitted in accordance with subsection (a), or if the Secretary determines that a plan approved under this section is not being implemented in a manner which provides satisfactory protection for all persons who hold airline tickets described in subsection (a), the Secretary shall issue regulations requiring all covered air carriers to provide air transportation for persons who hold such tickets. Such regulations must be issued within 90 days after the expiration of such 180-day period, the date of disapproval of such plan, or the date of such determination, as the case may be. ``(e) Definitions.--For purposes of this section-- ``(1) Airline ticket.--The term `airline ticket' means any written instrument that embodies a contract of carriage between a covered air carrier and a passenger thereof for interstate or overseas air transportation. ``(2) Covered air carrier.--The term `covered air carrier' means-- ``(A) an air carrier which provides interstate or overseas air transportation primarily with aircraft having seating for more than 60 passengers and which in the 12-month period preceding the date of the enactment of this section, enplaned more than .2 percent of the total number of passengers enplaned on all aircraft used to provide interstate and overseas air transportation in such period; and ``(B) an air carrier not described in subparagraph (A) who enters into an agreement with an air carrier who is described in subparagraph (A) to operate under or use a single air carrier designator code to provide interstate or overseas air transportation, but only with respect to those operations of the carrier not described in subparagraph (A) which are carried out under such code. ``(3) Secretary.--The term `Secretary' means the Secretary of Transportation.''. (b) Conforming Amendment to Table of Contents.--The table of contents in the first section of the Federal Aviation Act of 1958 is amended by adding at the end of the material relating to title IV the following: ``Sec. 420. Bankruptcy transportation plans. ``(a) Development. ``(b) Time limit and basis for approval. ``(c) Implementation of approved plans. ``(d) Regulations. ``(e) Definitions.''.

Airline Bankruptcy Passenger Protection Act of 1993 - Amends the Federal Aviation Act of 1958 to direct the Secretary of Transportation to issue an order authorizing a covered air carrier to develop an air transportation plan which protects airline ticket holders in the event it becomes a debtor in bankruptcy proceedings after the ticket purchase date. Provides that if satisfactory plans have not been submitted by a specified deadline, the Secretary must promulgate regulations requiring all covered air carriers to provide air transportation for such ticket holders.

Airline Bankruptcy Passenger Protection Act of 1993

SECTION 1. CERTAIN CHEMICALS AND CHEMICAL MIXTURES. (a) In General.--Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: `` 9902.09.61 Thiamethoxam (3- Free No change No change On or before 12/ ... [(2-chloro-5- 31/2008 thiazyl)methyl)-5- methyl-N-nitro- 1,3,5-oxadiazin-4- imine) (CAS No. 153719-23-4) (provided for in subheading 2934.10.90)...... 9902.09.62 Mixtures of Free No change No change On or before 12/ ... (<plus-minus>)-(c 31/2008 is and trans)-1- (2-(2,4- Dichlorophenyl)-4- propyl-1,3- dioxalan-2- yl)methyl)-1H-1,2 ,4-triazole (Propiconazole) (CAS No. 60207-90- 1), 3-iodo-2- propynyl butylcarbamate (CAS No. 55406-53- 6), and application adjuvants (provided for in subheading 6403.99.60)...... 9902.09.63 Mixtures of 4,6- Free No change No change On or before 12/ ... dimethyl-N-phenyl- 31/2008 2-pyrimidinamine (Pyrimethanil) (CAS No. 53112-28- 0), (<plus- minus>)-1-[2-(2,4- dichlorophenyl)-2- (2- propenyloxy)ethyl ]-1-H-imidazole (CAS No. 73790-28- 0) and application adjuvants (Philabuster 400SC) (the foregoing provided for in subheading 3808.20.15)...... 9902.09.64 (<plus-minus>)-3- Free No change No change On or before 12/ ... [2-[4-(6-Fluoro- 31/2008 1,2-benzisoxazol- 3-yl)-1- piperidinyl]ethyl ]-6,7,8,9- tetrahydro-9- hydroxy-2-methyl- 4H-pyrido[1,2- a]pyrimidin-4-one (CAS No. 144598- 75-4) (provided for under subheading 2934.99.30)...... 9902.09.65 3-Benzo[b]thien-2- Free No change No change On or before 12/ ... yl-5, 6-dihydro- 31/2008 1,4,2-oxathiazine 4-oxide (Bethoxazin) (CAS No. 163269-30-5) (provided for in subheading 2934.99.12)...... 9902.09.66 4-Bromo-2-(4- Free No change No change On or before 12/ ... chlorophenyl)-1- 31/2008 (ethoxymethyl)-5- (trifluoromethyl) -1H-pyrrole-3- carbonitrile (Chlorfenapyr) (CAS No. 122453- 73-0) (provided for in subheading 2933.99.17)...... 9902.09.67 2-(p- Free No change No change On or before 12/ ... Chlorophenyl)-3- 31/2008 cyano-4-bromo-5- trifluoromethylpy rrole (Econea 028) (CAS No. 122454-29-9) (provided for in subheading 2933.99.97)...... 9902.09.68 Mixtures of 4,6- Free No change No change On or before 12/ ''. dimethyl-N-phenyl- 31/2008 2-pyrimidinamine (Pyrimethanil) (CAS No. 53112-28- 0) and application adjuvants (provided for in subheading 3808.20.15)...... (b) Effective Date.--The amendment made by subsection (a) applies to goods entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act.

Amends the Harmonized Tariff Schedule of the United States to suspend, through December 31, 2008, the duty on: (1) Thiamethoxam (3-[(2-chloro-5-thiazyl)methyl)-5-methyl-N-nitro-1,3,5-oxadiazin-4-imine); (2) mixtures of ()-(cis and trans)-1- (2-(2,4-Dichlorophenyl)-4-propyl-1,3-dioxalan-2-yl)methyl)-1H-1,2,4-triazole (Propiconazole), 3-iodo-2-propynyl butylcarbamate, and application adjuvants; (3) mixtures of 4,6-dimethyl-N-phenyl-2-pyrimidinamine (Pyrimethanil), ()-1-[2-(2,4-dichlorophenyl)-2-(2-propenyloxy)ethyl]-1-H-imidazole, and application adjuvants (Philabuster 400SC); (4) ()-3-[2-[4-(6-Fluoro-1,2-benzisoxazol-3-yl)-1-piperidinyl]ethyl]-6,7,8,9-tetrahydro-9-hydroxy-2-methyl-4H-pyrido[1,2-a]pyrimidin-4-one; (5) 3-Benzo[b]thien-2-yl-5, 6-dihydro-1,4,2-oxathiazine 4-oxide (Bethoxazin); (6) 4-Bromo-2-(4-chlorophenyl)-1-(ethoxymethyl)-5-(trifluoromethyl)-1H-pyrrole-3-carbonitrile (Chlorfenapyr); (7) 2-(p-Chlorophenyl)-3-cyano-4-bromo-5-trifluoromethylpyrrole (Econea 028); and (8) mixtures of 4,6-dimethyl-N-phenyl-2-pyrimidinamine (Pyrimethanil).

To suspend temporarily the duty on certain chemicals and chemical mixtures.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Working And Reacting (WAR) Against Meth Act of 2000''. SEC. 2. MANUFACTURING AND DISTRIBUTION OF AMPHETAMINE. (a) Manufacture or Distribution of Substantial Quantities of Amphetamine.--Subparagraph (A) of section 401(b)(1) of the Controlled Substances Act (21 U.S.C. 841(b)(1)) is amended-- (1) by striking ``or'' at the end of clause (vii); (2) by adding ``or'' at the end of clause (viii); and (3) by inserting after clause (viii) the following new clause: ``(ix) 50 grams or more of amphetamine, its salts, optical isomers, and salts of its optical isomers or 500 grams or more of a mixture or substance containing a detectable amount of amphetamine, its salts, optical isomers, or salts of its optical isomers;''. (b) Manufacture or Distribution of Lesser Quantities of Amphetamine.--Subparagraph (B) of such section 401(b)(1) is amended-- (1) by striking ``or'' at the end of clause (vii); (2) by adding ``or'' at the end of clause (viii); and (3) by inserting after clause (viii) the following new clause: ``(ix) 5 grams or more of amphetamine, its salts, optical isomers, and salts of its optical isomers or 50 grams or more of a mixture or substance containing a detectable amount of amphetamine, its salts, optical isomers, or salts of its optical isomers;''. SEC. 3. IMPORT AND EXPORT OF AMPHETAMINE. (a) Import or Export of Substantial Quantities of Amphetamine.-- Paragraph (1) of section 1010(b) of the Controlled Substances Import and Export Act (21 U.S.C. 960(b)) is amended-- (1) by striking ``or'' at the end of subparagraph (G); (2) by striking the period at the end of subparagraph (H) and inserting ``; or''; and (3) by inserting after subparagraph (H) the following new subparagraph: ``(I) 50 grams or more of amphetamine, its salts, optical isomers, and salts of its optical isomers or 500 grams or more of a mixture or substance containing a detectable amount of amphetamine, its salts, optical isomers, or salts of its optical isomers;''. (b) Import or Export of Lesser Quantities of Amphetamine.-- Paragraph (2) of such section 1010(b) is amended-- (1) by striking ``or'' at the end of subparagraph (G); (2) by striking the period at the end of subparagraph (H) and inserting ``; or''; and (3) by inserting after subparagraph (H) the following new subparagraph: ``(I) 5 grams or more of amphetamine, its salts, optical isomers, and salts of its optical isomers or 50 grams or more of a mixture or substance containing a detectable amount of amphetamine, its salts, optical isomers, or salts of its optical isomers;''. SEC. 4. ENDANGERING HUMAN LIFE OR THE ENVIRONMENT WHILE ILLEGALLY MANUFACTURING CONTROLLED SUBSTANCES. (a) Harm to the Environment.--(1) Section 417 of the Controlled Substances Act (21 U.S.C. 858) is amended by inserting ``or, if the controlled substance consists of methamphetamine, its salts, isomers, or salts of its isomers, or a mixture or substance containing a detectable amount of methamphetamine, its salts, isomers, or salts of its isomers, the environment (as defined in section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601))'' after ``to human life''. (2) The table of contents for that Act is amended in the item relating to section 417 by inserting ``or the environment'' after ``to human life''. (b) Enhanced Penalty for Establishment of Manufacturing Operation.--That section is further amended-- (1) by inserting ``(a)'' before ``Whoever''; (2) in subsection (a), as so designated-- (A) by inserting ``or violating section 416,'' after ``to do so,'' the first place it appears; and (B) by striking ``shall be fined'' and all that follows and inserting ``shall be imprisoned not more than 40 years, and, in addition, may be fined in accordance with title 18, United States Code.''; and (3) by adding at the end the following: ``(b) Any penalty under subsection (a) for a violation that is also a violation of section 416 shall be in addition to any penalty under section 416 for such violation.''. (c) Nature of Particular Conduct.--That section is further amended by adding at the end the following: ``(c) In any case where the conduct at issue is, relates to, or involves the manufacture of amphetamine or methamphetamine, such conduct shall, by itself, be rebuttably presumed to constitute the creation of a substantial risk of harm to human life or the environment within the meaning of subsection (a).''. SEC. 5. NATIONAL CENTER FOR METHAMPHETAMINE CLANDESTINE LABORATORY INFORMATION. (a) Establishment.--At the direction of the Attorney General, the El Paso Intelligence Center (hereinafter in this section referred to as ``EPIC'') and the Los Angeles County Regional Criminal Information Clearinghouse (hereinafter in this section referred to as the ``LA Clearinghouse'') shall jointly and in concert constitute the National Center for Methamphetamine Clandestine Laboratory Information. EPIC's National Clandestine Laboratory Seizure Intelligence database shall provide for the nationwide electronic reporting, capture, and retrieval of clandestine laboratory seizure information. This information shall be analyzed by the LA Clearinghouse, in concert and coordination with EPIC, and disseminated to appropriate law enforcement agencies in a timely manner. (b) Authorization.--There are authorized to be appropriated to carry out this section for fiscal year 2000 and each of the 4 succeeding fiscal years not to exceed $2,300,000.

(Sec. 4) Modifies CSA provisions regarding endangering human life while illegally manufacturing a controlled substance to: (1) set penalties for harm to the environment, if the controlled substance consists of methamphetamine; (2) provide for imprisonment for up to 40 years, as well as a possible fine, for violations; and (3) make any penalty under provisions regarding the establishment of controlled substance manufacturing operations in addition to any penalty under such provisions regarding harm to human life or to the environment. Specifies that in any case where the conduct at issue is, relates to, or involves the manufacture of amphetamine or methamphetamine, such conduct shall, by itself, be rebuttably presumed to constitute the creation of a substantial risk of harm to human life or to the environment. (Sec. 5) Provides that the El Paso Intelligence Center (EPIC) and the Los Angeles County Regional Criminal Information Clearinghouse (LA Clearinghouse), at the direction of the Attorney General, shall jointly and in concert constitute the National Center for Methamphetamine Clandestine Laboratory Information. Requires: (1) EPIC's National Clandestine Laboratory Seizure Intelligence database to provide for the nationwide electronic reporting, capture, and retrieval of clandestine laboratory seizure information; and (2) such information to be analyzed by the LA Clearinghouse, in concert and coordination with EPIC, and disseminated to appropriate law enforcement agencies in a timely manner. Authorizes appropriations.

Working and Reacting (WAR) Against Meth Act of 2000

SECTION 1. SHORT TITLE. This Act may be cited as the ``Disabled Veterans Fellowship Act of 2006''. SEC. 2. CONGRESSIONAL FELLOWSHIPS. (a) In General.--The Secretary of the Senate and the Clerk of the House of Representatives shall establish a program to encourage the personal offices of Members of Congress, committee offices, and leadership offices to hire disabled veterans for temporary staff positions under the fellowship program established by this Act. (b) Employment of Fellows.--A disabled veteran congressional fellow hired under this Act shall be employed-- (1) at a level of responsibility commensurate with the abilities of the fellow; (2) at a level of compensation appropriate to the level of responsibility but not in excess of the level of compensation authorized for other comparable employees of the Senate and the House of Representatives; and (3) for not more than a 12-month period of time. SEC. 3. DEFINITIONS. In this Act: (1) Disabled veteran.--The term ``disabled veteran'' means a veteran with a service-connected disability (as defined in section 101 of title 38, United States Code) which was incurred or aggravated in the line of duty during Operation Iraqi Freedom or Operation Enduring Freedom or during such other operations as may be designated under regulations promulgated jointly by the Secretary of the Senate and the Clerk of the House of Representatives in consultation with the Secretary of Veterans Affairs. (2) Disabled veteran congressional fellow.--The term ``disabled veteran congressional fellow'' means a fellow in the office of a Member of the Senate or the House of Representatives or the office of a committee or joint committee of the Senate or the House of Representatives or leadership office of the Senate or the House of Representatives who is a disabled veteran. (3) Member of the house of representatives.--The term ``Member of the House of Representatives'' includes a Delegate or Resident Commissioner to the Congress. SEC. 4. EXCLUSION OF DISABLED VETERAN CONGRESSIONAL FELLOW FROM BUDGET OF EMPLOYING OFFICE AND LIMITS ON NUMBER OF EMPLOYEES OF EMPLOYING OFFICE. (a) Treatment Under Office Budget.-- (1) Separate authorization of appropriations.--There are authorized to be appropriated for fiscal year 2007 and each succeeding fiscal year from the applicable accounts of the House of Representatives or the contingent fund of the Senate such amounts as may be necessary for the salaries and related expenses of disabled veteran congressional fellows during the fiscal year. (2) Exclusion of amounts appropriated from general budgets of employing offices.--To the extent that amounts are appropriated pursuant to this Act for the salary and related expenses of a disabled veteran congressional fellow for a fiscal year, such amounts shall not be paid from, and shall be excluded in determining the balance of-- (A) in the case of a disabled veteran congressional fellow of the office of a Member of the House of Representatives, the Member's Representational Allowance for that office for the year; and (B) in the case of a disabled veteran congressional fellow of any other office, any account of the Senate or the House of Representatives from which the salaries and related expenses of employees of the office is paid during the year. (b) Exclusion From Limits on Number of Positions.--A disabled veteran congressional fellow shall be excluded in determining the number of employees of the office which employs the fellow for purposes of-- (1) in the case of the office of a Member of the House of Representatives, section 104 of Public Law 104-186 (2 U.S.C. 92); and (2) in the case of any other office, any applicable provision of law or any rule or regulation which imposes a limit on the number of employees of the office. SEC. 5. RULES GOVERNING DISABLED VETERAN CONGRESSIONAL FELLOWS. (a) In General.--The Secretary of the Senate and the Clerk of the House of Representatives shall implement rules establishing fellowships for disabled veterans for service in the personal offices of Members of Congress, committee, offices, and leadership offices. (b) Content.--The rules promulgated by this section shall provide that the compensation of 1 disabled veteran fellow for each personal office or any Member of Congress and 1 disabled veteran fellow for each committee office and 1 disabled veteran fellow for each leadership office shall not count against the staff allowance of that Member of Congress, committee, or office. (c) Authorizations.--The Architect of the Capitol shall make whatever reasonable accommodation is necessary to provide access to disabled veteran fellows hired pursuant to the provisions of this Act. SEC. 6. COMPENSATION. Any compensation received by a disabled veteran pursuant to this Act shall not affect the benefits otherwise available to that disabled veteran under other provisions of law.

Disabled Veterans Fellowship Act of 2006 - Directs the Secretary of the Senate and the Clerk of the House of Representatives to establish a fellowship program to encourage offices of Members of Congress, committee offices, and leadership offices to hire disabled veterans for temporary office staff positions. Excludes such veterans from limits on the authorized number of positions for such offices.

A bill to establish a fellowship program for the congressional hiring of disabled veterans.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Sacramento River National Recreation Area Establishment Act of 2006''. (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. Definitions. Sec. 4. Sacramento River National Recreation Area, California. Sec. 5. Purpose and management of recreation area. Sec. 6. Sacramento River National Recreation Area Advisory Council. Sec. 7. Recreational facilities. Sec. 8. Hunting and fishing. Sec. 9. Use of motorized vehicles. Sec. 10. Water rights exclusion. Sec. 11. Private property. Sec. 12. Grazing. Sec. 13. State and local jurisdiction. Sec. 14. Limitation on fees. Sec. 15. Activities outside recreation area. SEC. 2. FINDINGS. Congress finds the following: (1) Outdoors recreational opportunities available on public lands at the Sacramento River Bend Area in Northern California are abundant and diverse and have made these lands a destination point for the recreating public. (2) Statutory protection of the use and enjoyment of these lands is needed to ensure that they continue to be a source of enjoyment and inspiration for all Americans. SEC. 3. DEFINITIONS. In this Act: (1) Recreation area.--The term ``recreation area'' means the Sacramento River National Recreation Area established by this Act. (2) Advisory council.--The term ``advisory council'' means the Sacramento River National Recreation Area Advisory Council established by this Act. (3) Management plan.--The term ``management plan'' means the management plan for the recreation area, as developed and implemented pursuant to this Act. (4) Public lands.--The term ``public lands'' has the meaning given that term in section 103(e) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702(e)). (5) Redding field office.--The term ``Redding Field Office'' means the Redding, California, Field Office of the Bureau of Land Management. (6) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 4. SACRAMENTO RIVER NATIONAL RECREATION AREA, CALIFORNIA. (a) Establishment.--In order to preserve and enhance recreational opportunities on public lands described in subsection (b) and to promote local economic development through recreation involving these lands, there is hereby established the Sacramento River National Recreation Area. (b) Area.--The recreation area consists of approximately 17,000 acres of public lands adjacent to the Sacramento River, and between its tributaries of Battle Creek and Seven Mile Creek, in Tehama and Shasta Counties, California, as generally depicted on the map entitled ``Tehama County, California, Board of Supervisors Proposed Sacramento River NRA Boundary Map'' and dated December 1, 2006. (c) Legal Descriptions; Correction of Errors.-- (1) Preparation.--The Secretary of the Interior, in consultation with the advisory council, shall prepare a final map and legal descriptions of the boundaries of the recreation area. (2) Submission.--The map and legal descriptions shall be submitted to the Committee on Resources of the House of Representatives and to the Committee on Energy and Natural Resources of the Senate as soon as practicable, but in no event later than two years after the date of the enactment of this Act. (3) Legal effect.--The map and legal descriptions of the recreation area 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 descriptions. The map shall be on file and available for public inspection in appropriate offices of the Bureau of Land Management. SEC. 5. PURPOSE AND MANAGEMENT OF RECREATION AREA. (a) Management Purposes.--The Secretary, acting through the Redding Field Office, shall manage the recreation area for the following purposes: (1) To enhance managed recreational opportunities, including hiking, camping, equestrian activities, mountain biking, picnicking, wildlife viewing, hunting, fishing, geo- caching, marksmanship, swimming, archery, rafting, canoeing, kayaking, and boating. (2) To promote local economic development through recreation. (b) Management Plan.-- (1) Development.--Not later than three years after the date of the enactment of this Act, the Secretary shall complete a management plan for the recreation area to further the management purposes specified in subsection (a). As provided in section 6, the Secretary shall utilize the Sacramento River National Recreation Area Advisory Council in the development of the management plan and in making any amendment to the management plan under paragraph (3). (2) Reporting requirement.--On an annual basis, the Secretary shall submit to the advisory council a report on the implementation of the management plan. As part of the report, the Secretary may suggest such amendments to the management plan as the Secretary considers necessary to further the management purposes. (3) Amendments.--The Secretary may make such amendments to the management plan as the Secretary considers necessary to further the management purposes. (c) Public Participation.--In the development and amendment of the management plan, the Secretary shall encourage and solicit participation of the public at large, including landowners in the vicinity of the recreation area, interested individuals, organizations, elected officials of local jurisdictions, and government agencies. SEC. 6. SACRAMENTO RIVER NATIONAL RECREATION AREA ADVISORY COUNCIL. (a) Establishment and Purpose.--There is established an advisory committee to be known as the ``Sacramento River National Recreation Area Advisory Council'' for the purpose of-- (1) ensuring public involvement in the management of the recreation area; (2) providing advice, guidance, and recommendations to the Secretary pertaining to the development, implementation, and amendment of the management plan; and (3) improving collaborative relationships among persons and entities interested in the management of the recreation area. (b) Composition of Council.--The advisory council shall consist of the following members: (1) The Governor of California or the designee of the Governor. (2) Three individuals who represent Tehama County, California, appointed by the Board of Supervisors of Tehama County. (3) One individual who represents Shasta County, California, appointed by the Board of Supervisors of Shasta County. (4) Five individuals who reside within the jurisdictional boundaries of the Redding Field Office and represent the recreation community, appointed as provided in paragraph (2). (5) One individual who represents the interests of private landowners in Bend, California, appointed as provided in paragraph (2). (6) One individual who represents the interests of agriculture in Tehama County, California, appointed as provided in paragraph (2). (7) One individual who resides within the jurisdictional boundaries of the Redding Field Office and represents the conservation community, appointed as provided in paragraph (2). (c) Terms.--Members of the advisory council appointed under subsection (b) shall serve a term of three 3 years and may be reappointed, except that-- (1) one-third of the members initially appointed shall be appointed for a term of one year; and (2) one-third of the members initially appointed shall be appointed for a term of two years. (d) Chairperson.--The members of the advisory council shall elect a chairperson. The chairperson shall serve a term of one year and may be reelected. (e) Consultation.--The Secretary shall consult with the advisory council on a periodic basis to discuss matters relating to the development and implementation of the management plan for the recreation area. (f) Meetings.--The advisory council shall meet at the pleasure of the Secretary, though it shall meet no fewer than four times annually while the management plan is being developed, unless such meetings are determined by a majority of members of the advisory council to be unnecessary. Meetings of the advisory council shall be open to the public, and the advisory council shall provide interested persons a reasonable opportunity at a meeting to comment on the management of the recreation area. The Secretary shall provide appropriate notice of the time, date, and location of each meeting of the advisory council. (g) Compensation.--Members of the advisory council shall serve without pay. (h) Exemption From FACA.--The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the advisory council. SEC. 7. RECREATIONAL FACILITIES. The Secretary may develop public recreational facilities to further the management purposes of the recreation area specified in section 5(a). Such facilities may include trails, restrooms, parking areas, road pullouts, signs, campgrounds, stream crossings, interpretive centers, and administrative facilities reasonably appurtenant to recreational facilities. SEC. 8. HUNTING AND FISHING. Nothing in this Act shall be construed-- (1) to require or authorize the Secretary to diminish or prohibit hunting and fishing in the recreation area; or (2) to authorize the Secretary to supercede State law as it pertains to hunting and fishing. SEC. 9. USE OF MOTORIZED VEHICLES. (a) Limited to Designated Roadways.--Except as provided in subsection (b), motorized vehicle use on lands within the boundaries of the recreation area shall be permitted only on designated roadways. (b) Exception.--Subsection (a) shall not apply to the use of motorized vehicles in the recreation area authorized by the Secretary-- (1) for maintenance or construction undertaken to further the management purposes of the recreation area specified in section 5(a); or (2) for emergency or other authorized administrative purposes. SEC. 10. WATER RIGHTS EXCLUSION. Nothing in this Act shall be construed as authorizing the Secretary to acquire water rights to further the purposes of this Act. SEC. 11. PRIVATE PROPERTY. (a) Access to Private Property.--The Secretary shall provide any owner of private property within the boundaries of the recreation area access to the property to ensure the use and enjoyment of the property by the owner. (b) Improvements to Private Property.--Nothing in this Act shall be construed as limiting or diminishing the rights of any owner of private property within or adjacent to the recreation area, or any owner of an easement or right of way over public lands included in the recreation area that is used to provide access to privately held land located within or adjacent to the boundaries of the recreation area, to undertake improvements or enhancements to such property to ensure the continued use and enjoyment thereof. SEC. 12. GRAZING. Nothing in this Act shall be construed to prohibit, limit, or restrict the grazing of livestock within the recreation area. SEC. 13. STATE AND LOCAL JURISDICTION. Nothing in this Act shall be construed to diminish, enlarge, or modify any right of the State of California or any political subdivision of the State, to carry out State or local laws, rules, and regulations within the boundaries of the recreation area for the purposes of ensuring public safety and the general welfare of the public. SEC. 14. LIMITATION ON FEES. The Secretary shall not charge any fee for same-day access to, or use of, the recreation area, unless a significant service is provided, as required by the Federal Lands Recreation Enhancement Act (16 U.S.C. 6801 et seq.). SEC. 15. ACTIVITIES OUTSIDE RECREATION AREA. The establishment of the recreation area shall not be construed to-- (1) create a protective perimeter or buffer zone around the recreation area; or (2) preclude uses or activities outside the recreation area that are permitted under other applicable laws, even if the uses or activities are prohibited within the recreation area.

Sacramento River National Recreation Area Act of 2006 - Establishes the Sacramento River National Recreation Area in California, consisting of specified public land in Tehama and Shasta Counties. Requires the development of a a management plan for such Area to: (1) enhance managed recreational opportunities, including hiking, camping, mountain biking, picnicking, wildlife viewing hunting, fishing, swimming, and boating; and (2) promote local economic development through recreation.

To establish the Sacramento River National Recreation Area consisting of certain public lands administered by the Bureau of Land Management in Tehama and Shasta Counties, California, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``States' Education Reclamation Act of 2015''. SEC. 2. FINDINGS. Congress finds the following: (1) Principles of federalism embodied in the Constitution of the United States entrust authority over issues of educational policy to the States and the people and a Federal Department of Education is inconsistent with such principles. (2) Tradition and experience dictate that the governance and management of schools in the United States are best performed by parents, teachers, and communities. (3) The education of the Nation's students is suffering under a managerial government. (4) The Department of Education has weakened the ability of parents to make essential decisions about their children's education and has undermined the capacity of communities to govern their schools. (5) In the 34 years of its existence, the Department of Education has grown from a budget of $14 billion to almost $65.7 billion in annual discretionary appropriations administering around 100 programs. Meanwhile, education performance for 17-year-olds has stagnated since 1971. (6) The Department of Education has fostered over- regulation, standardization, bureaucratization, and litigation in United States education. (7) The Department of Education expends large amounts of money on its own maintenance and overhead. While the average national salary for public school teachers is $56,103 the average salary for a Department of Education employee is $108,571. (8) In certain States, the average State salary for a public school teacher is less than the national average. In North Carolina, the average salary for a public school teacher is $45,737. (9) Recent tests reflect poor results in mathematics, science, and reading for American students compared with students from other nations. (10) Only through initiatives led by parents and local communities with the power to act can the United States elevate educational performance toward an acceptable level. (11) The current system of top-down education uniformity is detrimental to local businesses and communities, the economic needs of the States, and the Nation's ability to compete globally for jobs. (12) The Department of Education has been hostile to many promising reforms, including reforms that would empower parents, teachers, and local communities. The United States, once a laboratory of innovation through the experiments of the States, is moving toward education standardization that does not consider the individual educational needs of our diverse population of students. SEC. 3. ABOLITION OF DEPARTMENT OF EDUCATION. The Department of Education is abolished, and, with the exception of the programs transferred under section 7, any program for which the Secretary of Education or the Department of Education has administrative responsibility as provided by law or by delegation of authority pursuant to law is repealed, including each program under the following: (1) The Department of Education Organization Act (20 U.S.C. 3401 et seq.). (2) The General Education Provisions Act (20 U.S.C. 1221 et seq.). SEC. 4. GRANTS TO STATES FOR ELEMENTARY AND SECONDARY AND FOR POSTSECONDARY EDUCATION PROGRAMS. (a) In General.--Subject to the requirements of this Act, each State is entitled to receive from the Secretary of the Treasury, by not later than July 1 of the preceding fiscal year-- (1) a grant for fiscal year 2016 and each succeeding fiscal year through fiscal year 2024, that is equal to the amount of funds appropriated for the State for Federal elementary school and secondary school programs for fiscal year 2012 (except for the funds appropriated for fiscal year 2012 for such programs for such State that are being transferred under section 7); and (2) a grant for fiscal year 2016 and each succeeding fiscal year through fiscal year 2024, that is equal to the amount of funds appropriated for the State for Federal postsecondary education programs for fiscal year 2012 (except for the funds appropriated for fiscal year 2012 for such programs for such State that are being transferred under section 7). (b) Appropriation.--Out of any money in the Treasury of the United States not otherwise appropriated, there are appropriated for fiscal years 2016 through 2024, such sums as are necessary for grants under subsection (a). (c) Requirements Relating to Intergovernmental Financing.--The Secretary of the Treasury shall make the transfer of funds under grants under subsection (a) directly to each State in accordance with the requirements of section 6503 of title 31, United States Code. (d) Expenditure of Funds.--Amounts received by a State under this section for any fiscal year shall be expended by the State in such fiscal year or in the succeeding fiscal year. (e) Use of Funds.--Funds made available to a State-- (1) under subsection (a)(1), shall be used by the State for any elementary or secondary education purpose permitted by State law, including increases in teacher salaries; and (2) under subsection (a)(2), shall be used by the State for any postsecondary education purpose permitted by State law. (f) Supplement, Not Supplant.--A grant received under subsection (a) shall only be used to supplement the amount of funds that would, in the absence of such grant, be made available from non-Federal sources for elementary school and secondary school programs or postsecondary education programs, and not to supplant those funds. SEC. 5. ADMINISTRATIVE AND FISCAL ACCOUNTABILITY. (a) Audits.-- (1) Contract with approved auditing entity.--Not later than October 1, 2015, and annually thereafter, a State shall contract with an approved auditing entity (as defined under paragraph (3)(B)) for purposes of conducting an audit under paragraph (2) (with respect to the fiscal year ending September 30 of such year). (2) Audit requirement.--Under a contract under paragraph (1), an approved auditing entity shall conduct an audit of the expenditures or transfers made by a State from amounts received under a grant under section 4, with respect to the fiscal year which such audit covers, to determine the extent to which such expenditures and transfers were expended in accordance with section 4. (3) Entity conducting audit.-- (A) In general.--With respect to a State, the audit under paragraph (2) shall be conducted by an approved auditing entity in accordance with generally accepted auditing principles. (B) Approved auditing entity.--For purposes of this section, the term ``approved auditing entity'' means, with respect to a State, an entity that is-- (i) approved by the Secretary of the Treasury; (ii) approved by the chief executive officer of the State; and (iii) independent of any Federal, State, or local agency. (4) Submission of audit.--Not later than April 30, 2016, and annually thereafter, a State shall submit the results of the audit under paragraph (2) (with respect to the fiscal year ending on September 30 of such year) to the State legislature and to the Secretary of the Treasury. (b) Reimbursement and Penalty.--If, through an audit conducted under subsection (a), an approved auditing entity finds that a State violated the requirements of subsection (d) or (e) of section 4, the State shall pay to the Treasury of the United States 100 percent of the amount of State funds that were used in violation of section 4 as a penalty. Insofar as a State fails to pay any such penalty, the Secretary of the Treasury shall offset the amount not so paid against the amount of any grant otherwise payable to the State under this Act. (c) Annual Reporting Requirements.-- (1) In general.--Not later than January 31, 2016, and annually thereafter, each State shall submit to the Secretary of the Treasury and the State legislature a report on the activities carried out by the State during the most recently completed fiscal year with funds received by the State under a grant under section 4 for such fiscal year. (2) Content.--A report under paragraph (1) shall, with respect to a fiscal year-- (A) contain the results of the audit conducted by an approved auditing entity for a State for such fiscal year, in accordance with the requirements of subsection (a) of this section; (B) specify the amount of the grant made to the State under section 4; and (C) be in such form and contain such other information as the State determines is necessary to provide-- (i) an accurate description of the activities conducted by the State for the purpose described under section 4; and (ii) a complete record of the purposes for which amounts were expended in accordance with this section. (3) Public availability.--A State shall make copies of the reports required under this section available on a public website and shall make copies available in other formats upon request. (d) Failure to Comply With Requirements.--The Secretary of the Treasury shall not make any payment to a State under a grant authorized by section 4-- (1) if an audit for a State is not submitted as required under subsection (a) during the period between the date such audit is due and the date on which such audit is submitted; (2) if a State fails to submit a report as required under subsection (c) during the period between the date such report is due and the date on which such report is submitted; or (3) if a State violates a requirement of section 4 during the period beginning on the date the Secretary becomes aware of such violation and the date on which such violation is corrected by the State. (e) Administrative Supervision and Oversight.-- (1) Limited role for secretary of the treasury.--The authority of the Secretary of the Treasury under this Act is limited to-- (A) promulgating regulations, issuing rules, or publishing guidance documents to the extent necessary for purposes of implementing subsection (a)(3)(B), subsection (b), and subsection (d); (B) making payments to the States under grants under section 4; (C) approving entities under subsection (a)(3)(B) for purposes of the audits required under subsection (a); (D) withholding payment to a State of a grant under subsection (d) or offsetting a payment of such a grant to a State under subsection (b); and (E) exercising the authority relating to nondiscrimination that is specified in section 6(b). (2) Limited role for attorney general.--The authority of the Attorney General to supervise the amounts received by a State under section 4 is limited to the authority under section 6(b). (f) Reservation of State Powers.--Nothing in this section shall be construed to limit the power of a State, including the power of a State to pursue civil and criminal penalties under State law against any individual or entity that misuses, or engages in fraud or abuse related to, the funds provided to a State under section 4. SEC. 6. NONDISCRIMINATION PROVISIONS. (a) No Discrimination Against Individuals.--No individual shall be excluded from participation in, denied the benefits of, or subjected to discrimination under, any program or activity funded in whole or in part with amounts paid to a State under section 4 on the basis of such individual's-- (1) disability under section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794); (2) sex under title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.); or (3) race, color, or national origin under title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.). (b) Compliance.-- (1) In general.--If the Attorney General determines that a State or an entity that has received funds from amounts paid to a State under a grant under section 4 has failed to comply with a provision of law referred to in subsection (a), the Secretary of the Treasury shall notify the chief executive officer of the State of such failure to comply and shall request that such chief executive officer secure such compliance. (2) Enforcement.--If, not later than 60 days after receiving notification under paragraph (1), the chief executive officer of a State fails or refuses to secure compliance with the provision of law referred to in such notification, the Attorney General may-- (A) institute an appropriate civil action; or (B) exercise the powers and functions provided under section 505 of the Rehabilitation Act of 1973 (29 U.S.C. 794a), title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.), or title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) (as applicable). SEC. 7. TRANSFER OF CERTAIN DEPARTMENT OF EDUCATION PROGRAMS. (a) Transfer of Certain Programs.--Not later than 24 months after the date of the enactment of this Act-- (1) each job training program under the jurisdiction of the Department of Education, including the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2301 et seq.) shall be transferred to the Department of Labor; (2) each special education grant program under the Individuals with Disabilities Education Act (20 U.S.C. 1460 et seq.) shall be transferred to the Department of Health and Human Services; (3) each Indian education program under the jurisdiction of the Department of Education shall be transferred to the Department of the Interior; (4) each Impact Aid program under title VIII of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7701 et seq.) shall be transferred to the Department of Defense; (5) the Federal Pell Grant program under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070a), shall be transferred to the Department of the Treasury; (6) each Federal student loan program under the jurisdiction of the Department of Education shall be transferred to the Department of the Treasury; (7) each program under the jurisdiction of the Institute of Education Sciences shall be transferred to the Department of Health and Human Services; and (8) each program under the jurisdiction of the D.C. Opportunity Scholarship Program shall be transferred to the Department of Health and Human Services. (b) Limitation on Transfer of Certain Programs.--The transfer of programs pursuant to subsection (a) is limited to only the transfer of administrative responsibility as provided by law or the delegation of authority pursuant to law and does not extend to the transfer of personnel employed by the Department of Education to carry out such programs. SEC. 8. GAO REPORT. Not later than 90 days after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate report, which shall include-- (1) a review and evaluation as to the feasibility of enhancing the ability of States and local communities to fund education by reducing the Federal tax burden and commensurately eliminating Federal Government involvement in providing grants for education programs; and (2) an evaluation of the feasibility of the successor Federal agencies for maintaining the programs to be transferred under section 7. SEC. 9. PLAN FOR CLOSURE OF THE DEPARTMENT OF EDUCATION. Not later than 365 days after the date of the enactment of this Act, the President shall submit to the Congress a plan to implement closure of the Department of Education in accordance with this Act. SEC. 10. DEFINITIONS. In this Act: (1) Elementary school; secondary school.--The terms ``elementary school'' and ``secondary school'' have the meanings given the terms in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 9101). (2) Institution of higher education.--The term ``institution of higher education'' has the meaning given the term in section 102 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 1002). (3) State.--The term ``State'' has the meaning given the term in section 103 of the Higher Education Act of 1965 (20 U.S.C. 1003).

States' Education Reclamation Act of 2015 This bill abolishes the Department of Education (ED) and repeals any program for which it or the Secretary of Education has administrative responsibility. The Department of the Treasury (Treasury) shall provide grants to states, for FY2016-FY2024, for any: (1) elementary and secondary education purpose permitted by state law, and (2) postsecondary education purpose permitted by state law. The level of funding is set at the amount provided to states for federal elementary and secondary education programs and the amount provided for federal postsecondary education programs, respectively, for FY2012, minus the funding they were provided for education programs that this Act transfers to other federal agencies. States must contract for an annual audit of their expenditures or transfers of grant funds. Program administrative responsibility and delegation of authority are transferred as follows: ED's job training programs to the Department of Labor; each special education grant program under the Individuals with Disabilities Education Act to the Department of Health and Human Services (HHS); ED's Indian Education programs to the Department of the Interior; each Impact Aid program under the Elementary and Secondary Education Act of 1965 to the Department of Defense; the Federal Pell Grant program and each federal student loan program to Treasury; and programs under the jurisdiction of the Institute of Education Sciences or the D.C. Opportunity Scholarship Program to HHS.

States' Education Reclamation Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Senior Executive Service Taking Responsibility for Unilateral Station Transfers Act'' or the ``SES TRUST Act''. SEC. 2. DETERMINATION OF BASIC RATE OF PAY FOR MEMBERS OF THE SENIOR EXECUTIVE SERVICE. (a) In General.--Section 5383 of title 5, United States Code, is amended by striking subsection (a) and inserting the following-- ``(a)(1) With respect to each Senior Executive Service position within the applicable agency, the appointing authority shall determine from time to time the annual rate of basic pay for each such position, consistent with the applicable limitations on rates of pay provided in section 5382. ``(2) Any individual appointed to a Senior Executive Service position shall receive the annual rate of basic pay applicable to such position, as determined by the appointing authority under paragraph (1). ``(3) Notwithstanding any other provision of law, rule, or regulation, and except as provided in paragraph (4), any senior executive at an agency who transfers or otherwise moves to a Senior Executive Service position at any other agency shall receive the annual rate of basic pay applicable to such position, as determined by the applicable appointing authority under paragraph (1). ``(4) Notwithstanding any other provision of law, rule, or regulation, and except as provided in paragraph (4), any senior executive at an agency who transfers or otherwise moves to any other Senior Executive Service position within the agency, such executive shall, beginning on the first day of the first pay period beginning after the date that the executive first occupies such other position, receive the annual rate of pay applicable to such other position. ``(5)(A) Not later than 30 days after the date that a senior executive is reassigned under section 3395 to any other Senior Executive Service position, the Director of the Office of Personnel Management shall review such reassignment decision to ensure that the decision was not based on any impermissible reason. ``(B) If the Director determines that the reassignment was based on any impermissible reason, and the rate of basic pay applicable to such other position (as determined under subsection (a)(1)) is lower than the rate provided under the previous position, the senior executive shall retain the higher rate of basic pay. ``(C) In this paragraph, the term `impermissible reason' includes any reason other than performance of the senior executive or interests in the efficiency of the Senior Executive Service.''. (b) Conforming Amendments.--Title 5, United States Code, is amended-- (1) in section 5382, by striking subsection (c); (2) in section 5383(c), by inserting ``and the requirements of section 5383(a)'' after ``section 5385''; (3) in section 5383(d), by adding at the end after the period the following: ``The preceding sentence shall not apply in the case of any senior executive subject to the requirements of section 5383(a)(3).''. (c) Effective Date.--The Director of the Office of Personnel Management shall promulgate regulations to carry out the review required by section 5383(a)(4) of title 5, United States Code (as added by subsection (a)), not later than the date that is one year after the date of enactment of this Act. (d) Application.--Notwithstanding any other provision of law, rule, or regulation, each individual occupying a Senior Executive Service position (as that term is defined in section 3132(a)(2) of title 5, United States Code) on the date of enactment of this Act shall, beginning on the first day of the first pay period beginning after the date that the applicable appointing authority makes the determination under section 5383(a) of title 5, United States Code (as amended by subsection (a)), receive the rate of pay applicable to such position, as determined by the appointing authority under such section. SEC. 3. SEMIANNUAL REPORTS ON TRANSFERS OF SENIOR EXECUTIVES OF DEPARTMENT OF VETERANS AFFAIRS. (a) Semiannual Reports.--On a semiannual basis, the Secretary of Veterans Affairs shall submit to the Committees on Veterans' Affairs of the House of Representatives and the Senate a report on covered senior executives who transfer from one senior executive position in the Department of Veterans Affairs to another senior executive position in the Department during the period covered by the report. (b) Matters Included.--Each report under subsection (a) shall include, with respect to each covered senior executive who transfers from one senior executive position in the Department to another senior executive position in the Department during the period covered by the report, the following: (1) The name of the covered senior executive. (2) A description of the senior executive position from which the covered senior executive transferred, including the annual rate of basic pay received by the covered senior executive in such position. (3) A description of the senior executive position to which the covered senior executive transferred, including the annual rate of basic pay received by the covered senior executive in such position. (4) A description of the purpose of the transfer. (5) Justification for any increase or decrease in the annual rate of basic pay received by the covered senior executive by reason of such transfer. (6) Information regarding any relocation expenses and any incentives provided to the covered senior executive as part of such transfer. (c) Definitions.--In this section: (1) The term ``covered senior executive'' means an individual (as such term is defined in section 713(g)(1) of title 38, United States Code). (2) The term ``senior executive position'' has the meaning given that term in section 713(g)(3) of title 38, United States Code.

Senior Executive Service Taking Responsibility for Unilateral Station Transfers Act or the SES TRUST Act This bill directs the appointing authority for each agency to periodically determine the annual rate of basic pay for each Senior Executive Service (SES) position within such agency. Any senior executive who transfers or otherwise moves to an SES position with the same or any other agency shall receive the rate of pay applicable to that position. The Office of Personnel Management (OPM) must review any decision to reassign a senior executive to another SES position, within 30 days after such reassignment, to ensure that the decision was not based on an impermissible reason (defined as any reason other than performance of the senior executive or interests in the efficiency of the SES). If OPM determines that the reassignment was based on an impermissible reason, and the rate of basic pay applicable to such other position is lower than the rate provided under the previous position, the senior executive shall retain the higher rate of pay. The bill requires the Department of Veterans Affairs (VA) to submit, semiannually, a report on covered senior executives who transfer from one SES position to another within the VA, including a justification for any increase or decrease in pay, and information on any incentives or relocation expenses, received by such person.

SES TRUST Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Community Service Commemorative Coin Act''. SEC. 2. COIN SPECIFICATIONS. (a) $1 Silver Coins.--The Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall mint and issue not more than 500,000 $1 coins to commemorate students who volunteer to perform community service, which shall-- (1) weigh 26.73 grams; (2) have a diameter of 1.500 inches; and (3) contain 90 percent silver and 10 percent copper. (b) Legal Tender.--The coins issued under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic Items.--For purposes of section 5134 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. SEC. 3. SOURCES OF BULLION. The Secretary shall obtain silver for the coins minted under this Act only from stockpiles established under the Strategic and Critical Minerals Stock Piling Act. SEC. 4. DESIGN OF COINS. (a) Design Requirements.-- (1) In general.--The design of the coins minted under this Act shall be emblematic of community services provided by student volunteers. (2) Designation and inscriptions.--On each coin minted under this Act there shall be-- (A) a designation of the value of the coin; (B) an inscription of the year ``1996''; and (C) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. (b) Selection.--The design for the coins authorized by this Act shall be-- (1) selected by the Secretary after consultation with the National Community Service Trust and the Commission of Fine Arts; and (2) reviewed by the Citizens Commemorative Coin Advisory Committee. SEC. 5. ISSUANCE OF COINS. (a) Quality of Coins.--Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Mint Facility.--Only 1 facility of the United States Mint may be used to strike any particular quality of the coins minted under this Act. (c) Period for Issuance.--The Secretary shall issue coins minted under this Act for a period of not less than 6 months and not more than 12 months, beginning no later than August 1, 1996. SEC. 6. SALE OF COINS. (a) Sale Price.--The coins issued under this Act shall be sold by the Secretary at a price equal to the sum of-- (1) the face value of the coins; (2) the surcharge provided in subsection (c) with respect to such coins; and (3) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (b) Bulk Sales.--The Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (c) Prepaid Orders.-- (1) In general.--The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. (2) Discount.--Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. (d) Surcharges.--All sales shall include a surcharge of $10 per coin. SEC. 7. GENERAL WAIVER OF PROCUREMENT REGULATIONS. (a) In General.--Except as provided in subsection (b), no provision of law governing procurement or public contracts shall be applicable to the procurement of goods and services necessary for carrying out the provisions of this Act. (b) Equal Employment Opportunity.--Subsection (a) shall not relieve any person entering into a contract under the authority of this Act from complying with any law relating to equal employment opportunity. SEC. 8. DISTRIBUTION OF SURCHARGES. (a) In General.--All surcharges received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary to the National Community Service Trust for the purpose of funding innovative community service programs at American universities, including the service, research, and teaching activities of faculty and students involved in such programs. (b) Audits.--The Comptroller General of the United States shall have the right to examine such books, records, documents, and other data of the National Community Service Trust as may be related to the expenditures of amounts paid under subsection (a). SEC. 9. FINANCIAL ASSURANCES. (a) No Net Cost to the Government.--The Secretary shall take such actions as may be necessary to ensure that minting and issuing coins under this Act will not result in any net cost to the United States Government. (b) Payment for Coins.--A coin shall not be issued under this Act unless the Secretary has received-- (1) full payment for the coin; (2) security satisfactory to the Secretary to indemnify the United States for full payment; or (3) a guarantee of full payment satisfactory to the Secretary from a depository institution whose deposits are insured by the Federal Deposit Insurance Corporation or the National Credit Union Administration Board.

National Community Service Commemorative Coin Act - Directs the Secretary of the Treasury to issue one-dollar silver coins to commemorate students who volunteer to perform community service. Mandates that all surcharges received from such coin sales be paid to the National Community Service Trust to fund innovative community service programs at American universities, including the service, research, and teaching activities of the faculty and students involved in such programs.

National Community Service Commemorative Coin Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Infant and Toddler Durable Product Safety Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Unintentional injuries are the leading cause of death among children, and for every such injury that is fatal, approximately 18 children are hospitalized and 1,250 are treated by emergency departments for such injuries that are nonfatal. (2) According to the Consumer Product Safety Commission, an average of 50 children under the age of 5 die each year in incidents associated with nursery products, and about 16 of these deaths each year are associated with cribs. (3) In 2003, an estimated 60,700 children under the age of 5 were treated in United States hospital emergency rooms for injuries associated with nursery products, and there were 10,700 injuries to children under the age of 5 years associated with strollers alone. (4) Of the 397 recalls issued by the Consumer Product Safety Commission in fiscal year 2005, 109 (or 28 percent) were children's products. Children's products were recalled, on average, over 2 times per week, and accounted for 19,635,627 individual units. SEC. 3. PURPOSE. The purpose of this Act is to prevent dangerous children's products from getting to the market, by requiring independent testing of all durable infant and toddler products before they enter commerce. SEC. 4. DEFINITIONS. In this Act: (1) Commission.--The term ``Commission'' means the Consumer Product Safety Commission. (2) Durable infant or toddler product.--The term ``durable infant or toddler product''-- (A) means a durable product intended for use, or that may be reasonably expected to be used, by children under the age of 5 years; and (B) includes-- (i) full-size cribs and nonfull-size cribs; (ii) toddler beds; (iii) car seats; (iv) high chairs, booster chairs, and hook- on chairs; (v) bath seats; (vi) gates and other enclosures for confining a child; (vii) play yards; (viii) stationary activity centers; (ix) child carriers; (x) strollers; (xi) walkers; (xii) swings; and (xiii) bassinets and cradles. (3) Panel.--The term ``Panel'' means the Infant and Toddler Product Review Panel established under section 7. SEC. 5. CONSUMER PRODUCT SAFETY STANDARDS FOR DURABLE INFANT AND TODDLER PRODUCTS. (a) In General.--The Consumer Products Safety Commission shall, without regard to sections 7(b)(1) and 9(f)(3)(D) of the Consumer Product Safety Act (15 U.S.C. 2056(b)(1), 2058(f)(3)(D)), promulgate a consumer product safety standard under section 7(a) of the Consumer Product Safety Act (15 U.S.C. 2056(a)) for each durable infant or toddler product. (b) Schedule.--The Commission shall promulgate consumer product safety standards under this section-- (1) for at least 7 durable infant or toddler products every 2 calendar years beginning after the date of the enactment of this Act, through 2012; and (2) for all durable infant or toddler products by not later than December 31, 2012. (c) Consultation With Panel.--The Commission shall promulgate any consumer product safety standard under this section for a durable infant or toddler product-- (1) in consultation with the Panel; and (2) after considering the results of a review by such panel of any existing guidelines for that product. SEC. 6. DURABLE INFANT AND TODDLER PRODUCT COMPLIANCE CERTIFICATION. (a) In General.--The Commission shall by rule-- (1) require that testing and certification required under section 14 of the Consumer Product Safety Act (15 U.S.C. 2063) for a durable infant or toddler product shall be performed by an independent third party; and (2) require the use, and prescribe the form and content, of a label under section 14(c) for such products for which such a certificate is issued, including a seal prescribed under subsection (b). (b) Consultation With Panel.--The Commission shall delegate to the Panel the authority to prescribe a seal that shall be used, under the labeling requirements under subsection (a)(2), for infant or toddler products that are certified pursuant to section 14(a) of the Consumer Product Safety Act (15 U.S.C. 2063(a)(2)) to comply with applicable consumer product safety standards promulgated under this Act. SEC. 7. INFANT AND TODDLER PRODUCT REVIEW PANEL. (a) Establishment.--The Commission shall establish an Infant and Toddler Product Review Panel to advise the Commission regarding the implementation of this Act. (b) Functions.--The Panel shall-- (1) review and report to the Commission regarding the existing guidelines for durable infant or toddler products; and (2) advise the Commission regarding the promulgation of consumer product safety standards under this Act. (c) Membership.-- (1) In general.--The Panel shall be comprised of-- (A) representatives of-- (i) the juvenile product manufacturers industry; (ii) consumer groups; and (iii) independent child product engineers and experts; and (B) Consumer Product Safety Commission engineers. (2) Limitation.--Representatives under paragraph (1)(A)(i) shall not exceed 40 percent of the membership of the Panel. SEC. 8. AMENDMENTS TO CONSUMER PRODUCT SAFETY ACT. (a) Removal of Limitation on Maximum Civil Penalty.--Section 20(a) of the Consumer Product Safety Act (15 U.S.C. 2069(a)) is amended-- (1) in the second sentence by striking ``Subject to paragraph (2),'' and inserting ``Subject to paragraphs (2) and (3),''; and (2) by adding at the end the following: ``(4) The second sentence of paragraph (1) shall not apply to any violation with respect to a durable infant or toddler product.''. (b) Requirements Regarding Disclosure of Information not Applicable.--Section 6(b) of the Consumer Product Safety Act (15 U.S.C. 2055(b)) is amended by adding at the end the following: ``(9) This subsection shall not apply with respect to any durable infant or toddler product.''. (c) Definition of Durable Infant or Toddler Product.--Section 3(a) of the Consumer Product Safety Act (15 U.S.C. 2052(a)) is amended by adding at the end the following: ``(15) The term `durable infant or toddler product' has the meaning that term has in the Infant and Toddler Product Safety Act.''.

Infant and Toddler Durable Product Safety Act - Instructs the Consumer Product Safety Commission (CPSC) to: (1) promulgate a consumer product safety standard for durable infant or toddler products; and (2) establish an Infant and Toddler Product Review Panel to advise the CPSC on guidelines and standards for such products. Amends the Consumer Product Safety Act to declare the limitation on maximum civil penalties inapplicable to this Act.

To direct the Consumer Product Safety Commission to promulgate a consumer product safety standard for each durable infant or toddler product, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Safe Access in Fire Emergencies Act of 2006''. SEC. 2. CONGRESSIONAL FINDINGS. The Congress finds the following: (1) The United States Fire Administration (USFA) of the Department of Homeland Security encourages prevention, fire sprinklers, smoke detectors, and planned escape routes as main goals of avoiding casualties in residential and commercial fires. (2) Window bars are most prevalent in low-income areas and high crime areas, where other security risks often overshadow fire safety standards. (3) According to the USFA, children, the elderly, persons who are mobility-impaired, and firefighters are especially vulnerable to fatalities or injuries involving residential window bars. (4) Persons have died in residential fires as a result of being trapped by window bars in at least 14 States, including Alabama, Arizona, California, Florida, Georgia, Kansas, Michigan, Mississippi, Missouri, New Jersey, Oklahoma, Pennsylvania, Tennessee, and Texas. (5) Some States, including Mississippi, California, Texas, and, most recently, Oklahoma, have established safety standards for window bars. (6) On June 12, 2005, five children were killed in a house fire in Philadelphia, Pennsylvania, when their escape was prevented by ground-level, residential window bars. (7) Collecting information on a national basis regarding the risks and casualties caused by window bar entrapment during residential fires will help in raising public awareness of such risks and casualties. SEC. 3. DEFINITION OF WINDOW BARS. For purposes of this Act, the term ``window bars'' means any metal or other bars, grills, grates, heavy-duty screens, glazing, or other barriers that are designed-- (1) to cover exterior and interior escape windows in residential dwelling units; and (2) to deter any physical security threats to the home, including threats from burglars. Such term does not include any such barriers that (A) protect children from falling from open windows in upper floors of buildings, and (B) protect nonresidential or commercial properties. SEC. 4. SAFETY STANDARD FOR WINDOW BARS. (a) Rulemaking Required.--The Consumer Products Safety Commission (in this Act referred to as the ``Commission'') shall initiate a rulemaking proceeding under section 553 of title 5, United States Code, within 90 days after the date of the enactment of this Act to establish a consumer product safety standard under section 7(a) of the Consumer Product Safety Act (15 U.S.C. 2056(a)) for window bars, except that the Commission may extend such 90-day period for good cause. Notwithstanding any other provision of law, including chapter 5 of title 5, United States Code, the Commission shall promulgate a final rule establishing such consumer product safety standard within 12 months after the date on which the rulemaking pursuant to this subsection is initiated, except that the Commission may extend such 12- month period for good cause. Such consumer product safety standard shall take effect upon the expiration of the 6-month period beginning on the date on which the final rule establishing such standard is promulgated. (b) Releasing System Requirement.--The standard established pursuant to subsection (a) shall-- (1) require all window bars that are manufactured or installed in the United States to incorporate releasing systems that meet the minimum standards under subsection (c); and (2) address releasing systems for interior- and exterior- based window bars. (c) Minimum Standards for Releasing Systems.--The minimum standards under this subsection for releasing systems for window bars shall require that such systems-- (1) when actuated, can move such bars and provide egress to occupants of residential dwelling units equipped with such bars; and (2) at a minimum, can be actuated manually from the interior of a residential dwelling unit and provide escape through the protected opening. (d) Consultation.--In developing the standard pursuant to subsection (a), the Commission shall consult with experts, including manufacturers of window bars, housing and building codes authorities, and representatives of the United States Fire Administration, the National Fire Protection Association, Underwriters Laboratories, Inc., officials in States that have in effect window bar safety standards, and other similar public safety-related organizations. (e) Enforcement.--Compliance with the consumer product safety standard established pursuant to this section shall be enforced under the Consumer Product Safety Act. SEC. 5. LABELING REQUIREMENT. The Consumer Products Safety Commission shall require each manufacturer selling, or offering for sale, in the United States, any window bars to include in the packaging for the window bars a written statement clearly explaining how the window bars are to be configured and installed and the inclusion and operation of the releasing system incorporated pursuant to section 4(b). SEC. 6. FEDERALLY ASSISTED HOUSING. It is the sense of the Congress that all public housing dwelling units, all dwelling units assisted under section 8 of the United States Housing Act of 1937, all manufactured housing units, and all homes purchased using any loan made, insured, or guaranteed under the National Housing Act or title 38, United States Code, should meet a minimal standard for use of window bars that requires such bars to incorporate an emergency releasing system. SEC. 7. PROVISION OF DATA. The Commission shall establish and maintain a National Electronic Injury Surveillance System (NEISS) code and system for collection of information and statistics on casualties associated with window bars. SEC. 8. NO EFFECT ON STATE LAW. Notwithstanding section 26 of the Consumer Product Safety Act (15 U.S.C. 2075), this Act may not be construed to annul, alter, impair, affect, or exempt any person subject to the provisions of this Act from complying with any provision of the law of any State or any political subdivision thereof, except to the extent that such provisions of State law are inconsistent with any provision of this Act, and then only to the extent of the inconsistency. A provision of State law may not be considered to be inconsistent with this Act if such provision applies more stringent requirements with respect to window bar releasing systems than is afforded by this Act. SEC. 9. NOTICE. The Commission shall promptly, upon the enactment of this Act, take such actions as may be appropriate to inform all manufacturers of window bars distributed in interstate commerce or installed within the United States of the provisions of this Act. SEC. 10. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Consumer Product Safety Commission for carrying out this Act such sums as may be necessary for each of fiscal years 2007 through 2011.

Safe Access in Fire Emergencies Act of 2006 - Requires the Consumer Products Safety Commission to establish a consumer product safety standard for window bars that: (1) requires all window bars manufactured or installed in the United States to incorporate releasing systems that meet minimum standards; and (2) addresses such systems for interior and exterior based bars. Provides that the minimum standards shall require that such systems provide for: (1) egress when actuated; and (2) manual activation from inside a residence allowing escape through a protected opening. Requires compliance enforcement under the Consumer Products Safety Act. Directs the Commission to require each manufacturer to include in the packaging a statement explaining window bar installation and releasing system operation. Expresses the sense of the Congress that public housing, low-income housing, manufactured housing units, and homes purchased using any loan made, insured, or guaranteed under the National Housing Act should meet a minimal standard that requires window bars to incorporate an emergency releasing system. Requires the Commission to establish and maintain a National Electronic Injury Surveillance System code and system for collection of information and statistics on casualties associated with window bars.

To confirm the jurisdiction of the Consumer Product Safety Commission with respect to releasing systems on residential window bars and to establish a consumer product safety standard ensuring that all such bars include a quick-release mechanism.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Department of Housing and Urban Development Elimination Act of 1995''. TITLE I--ELIMINATION OF DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT SEC. 101. ELIMINATION OF DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. (a) Elimination.--The Department of Housing and Urban Development Act (42 U.S.C. 3531 et seq.) is hereby repealed. (b) Effective Date.--Subsection (a) shall take effect on January 1, 1998. SEC. 102. DUTIES OF THE SECRETARY. (a) In General.--Notwithstanding any other provision of law, prior to January 1, 1998, the Secretary of Housing and Urban Development (hereafter in this title referred to as the ``Secretary'') shall take such actions as may be necessary to-- (1) consolidate the programs administered by the Department of Housing and Urban Development into a block grant program; (2) convert all funding for public and assisted housing under the United States Housing Act of 1937 to tenant-based rental assistance; (3) convert the Federal Housing Administration into a government-controlled corporation, which would provide mortgage insurance only to low- and moderate-income persons under risk- sharing agreements with private mortgage insurers; and (4) otherwise provide for the complete elimination of the Department of Housing and Urban Development pursuant to section 101. (b) Submissions to Congress.-- (1) Strategic plan.--Not later than 180 days after the date of enactment of this Act, the Secretary shall submit to the Congress a plan to carry out subsection (a), which shall include any recommendations for-- (A) legislation necessary to carry out subsection (a); (B) transfers of functions and activities, including all existing obligations to other existing or successor Federal or State agencies. (2) Privatization of fha.--Not later than 180 days after the date of enactment of this Act, the Secretary shall submit to the Congress a report which shall include-- (A) recommendations and a strategic plan for the complete privatization of the Federal Housing Administration; and (B) a description of the projected cost savings to the Federal Government that would be achieved through the complete privatization of the Federal Housing Administration. SEC. 103. CONGRESSIONAL BUDGET OFFICE RECOMMENDATIONS. Not later than 180 days after the date of enactment of this Act, the Director of the Congressional Budget Office shall submit to the Committee on Banking and Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate a list of recommendations for minimizing the cost of Federal housing and community development programs through the elimination of the Department of Housing and Urban Development. SEC. 104. GAO REPORT. Not later than 180 days after the date of enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Banking and Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate a report which shall include recommendations for the most efficient means of achieving-- (1) the complete elimination of the Department of Housing and Urban Development; and (2) the transfer of the functions of the Department of Housing and Urban Development to other existing or successor Federal or State agencies. TITLE II--TRANSFER OF FUNCTIONS AND SAVINGS PROVISIONS SEC. 201. DEFINITIONS. For purposes of this title, unless otherwise provided or indicated by the context-- (1) the term ``Federal agency'' has the meaning given to the term ``agency'' by section 551(1) of title 5, United States Code; (2) the term ``function'' means any duty, obligation, power, authority, responsibility, right, privilege, activity, or program; and (3) the term ``office'' includes any office, administration, agency, institute, unit, organizational entity, or component thereof. SEC. 202. TRANSFER OF FUNCTIONS. There are transferred to the Department of Justice all functions which the Secretary of Housing and Urban Development exercised before the date of the enactment of this title (including all related functions of any officer or employee of the Department of Housing and Urban Development) relating to the Fair Housing Act or the rights granted under the Fair Housing Act. SEC. 203. DETERMINATIONS OF CERTAIN FUNCTIONS BY THE OFFICE OF MANAGEMENT AND BUDGET. If necessary, the Office of Management and Budget shall make any determination of the functions that are transferred under section 202. SEC. 204. PERSONNEL PROVISIONS. (a) Appointments.--The Attorney General may appoint and fix the compensation of such officers and employees, including investigators, attorneys, and administrative law judges, as may be necessary to carry out the respective functions transferred under this title. Except as otherwise provided by law, such officers and employees shall be appointed in accordance with the civil service laws and their compensation fixed in accordance with title 5, United States Code. (b) Experts and Consultants.--The Attorney General may obtain the services of experts and consultants in accordance with section 3109 of title 5, United States Code, and compensate such experts and consultants for each day (including travel time) at rates not in excess of the rate of pay for level IV of the Executive Schedule under section 5315 of such title. The Attorney General may pay experts and consultants who are serving away from their homes or regular place of business travel expenses and per diem in lieu of subsistence at rates authorized by sections 5702 and 5703 of such title for persons in Government service employed intermittently. SEC. 205. DELEGATION AND ASSIGNMENT. Except where otherwise expressly prohibited by law or otherwise provided by this title, the Attorney General may delegate any of the functions transferred to the Attorney General by this title and any function transferred or granted to such Attorney General after the effective date of this title to such officers and employees of the Department of Justice as the Attorney General may designate, and may authorize successive redelegations of such functions as may be necessary or appropriate. No delegation of functions by the Attorney General under this section or under any other provision of this title shall relieve such Attorney General of responsibility for the administration of such functions. SEC. 206. REORGANIZATION. The Attorney General is authorized to allocate or reallocate any function transferred under section 202 among the officers of the Department of Justice, and to establish, consolidate, alter, or discontinue such organizational entities in the Department of Justice as may be necessary or appropriate. SEC. 207. RULES. The Attorney General is authorized to prescribe, in accordance with the provisions of chapters 5 and 6 of title 5, United States Code, such rules and regulations as the Attorney General determines necessary or appropriate to administer and manage the functions of Department of Justice. SEC. 208. TRANSFER AND ALLOCATIONS OF APPROPRIATIONS AND PERSONNEL. Except as otherwise provided in this title, the personnel employed in connection with, and the assets, liabilities, contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, and other funds employed, used, held, arising from, available to, or to be made available in connection with the functions transferred by this title, subject to section 1531 of title 31, United States Code, shall be transferred to the Department of Justice. Unexpended funds transferred pursuant to this section shall be used only for the purposes for which the funds were originally authorized and appropriated. SEC. 209. INCIDENTAL TRANSFERS. The Director of the Office of Management and Budget, at such time or times as the Director shall provide, is authorized to make such determinations as may be necessary with regard to the functions transferred by this title, and to make such additional incidental dispositions of personnel, assets, liabilities, grants, contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, and other funds held, used, arising from, available to, or to be made available in connection with such functions, as may be necessary to carry out the provisions of this title. The Director of the Office of Management and Budget shall provide for the termination of the affairs of all entities terminated by this title and for such further measures and dispositions as may be necessary to effectuate the purposes of this title. SEC. 210. EFFECT ON PERSONNEL. (a) In General.--Except as otherwise provided by this title, the transfer pursuant to this title of full-time personnel (except special Government employees) and part-time personnel holding permanent positions shall not cause any such employee to be separated or reduced in grade or compensation for one year after the date of transfer of such employee under this title. (b) Executive Schedule Positions.--Except as otherwise provided in this title, any person who, on the day preceding the effective date of this title, held a position compensated in accordance with the Executive Schedule prescribed in chapter 53 of title 5, United States Code, and who, without a break in service, is appointed in the Department of Justice to a position having duties comparable to the duties performed immediately preceding such appointment shall continue to be compensated in such new position at not less than the rate provided for such previous position, for the duration of the service of such person in such new position. (c) Termination of Certain Positions.--Positions whose incumbents are appointed by the President, by and with the advice and consent of the Senate, the functions of which are transferred by this title, shall terminate on the effective date of this title. SEC. 211. SAVINGS PROVISIONS. (a) Continuing Effect of Legal Documents.--All orders, determinations, rules, regulations, permits, agreements, grants, contracts, certificates, licenses, registrations, privileges, and other administrative actions-- (1) which have been issued, made, granted, or allowed to become effective by the President, any Federal agency or official thereof, or by a court of competent jurisdiction, in the performance of functions which are transferred under this title, and (2) which are in effect at the time this title takes effect, or were final before the effective date of this title and are to become effective on or after the effective date of this title, shall continue in effect according to their terms until modified, terminated, superseded, set aside, or revoked in accordance with law by the President, the Attorney General or other authorized official, a court of competent jurisdiction, or by operation of law. (b) Proceedings Not Affected.--The provisions of this title shall not affect any proceedings, including notices of proposed rulemaking, or any application for any license, permit, certificate, or financial assistance pending before the Department of Housing and Urban Development at the time this title takes effect, with respect to functions transferred by this title but such proceedings and applications shall be continued. Orders shall be issued in such proceedings, appeals shall be taken therefrom, and payments shall be made pursuant to such orders, as if this title had not been enacted, and orders issued in any such proceedings shall continue in effect until modified, terminated, superseded, or revoked by a duly authorized official, by a court of competent jurisdiction, or by operation of law. Nothing in this subsection shall be deemed to prohibit the discontinuance or modification of any such proceeding under the same terms and conditions and to the same extent that such proceeding could have been discontinued or modified if this title had not been enacted. (c) Suits Not Affected.--The provisions of this title shall not affect suits commenced before the effective date of this title, and in all such suits, proceedings shall be had, appeals taken, and judgments rendered in the same manner and with the same effect as if this title had not been enacted. (d) Nonabatement of Actions.--No suit, action, or other proceeding commenced by or against the Department of Housing and Urban Development, or by or against any individual in the official capacity of such individual as an officer of the Department of Housing and Urban Development, shall abate by reason of the enactment of this title. (e) Administrative Actions Relating to Promulgation of Regulations.--Any administrative action relating to the preparation or promulgation of a regulation by the Department of Housing and Urban Development relating to a function transferred under this title may be continued by the Department of Justice with the same effect as if this title had not been enacted. SEC. 212. SEPARABILITY. If a provision of this title or its application to any person or circumstance is held invalid, neither the remainder of this title nor the application of the provision to other persons or circumstances shall be affected. SEC. 213. TRANSITION. The Attorney General is authorized to utilize-- (1) the services of such officers, employees, and other personnel of the Department of Housing and Urban Development with respect to functions transferred to the Department of Justice by this title; and (2) funds appropriated to such functions for such period of time as may reasonably be needed to facilitate the orderly implementation of this title. SEC. 214. REFERENCES. Reference in any other Federal law, Executive order, rule, regulation, or delegation of authority, or any document of or relating to-- (1) the Secretary of Housing and Urban Development with regard to functions transferred under section 202, shall be deemed to refer to the Attorney General; and (2) the Department of Housing and Urban Development with regard to functions transferred under section 202, shall be deemed to refer to the Department of Justice. SEC. 215. ADDITIONAL CONFORMING AMENDMENTS. (a) Recommended Legislation.--After consultation with the appropriate committees of the Congress and the Director of the Office of Management and Budget, the Attorney General shall prepare and submit to the Congress recommended legislation containing technical and conforming amendments to reflect the changes made by this title. (b) Submission to the Congress.--No later than 6 months after the effective date of this title, the Attorney General shall submit the recommended legislation referred to under subsection (a). SEC. 216. EFFECTIVE DATE. This title shall take effect 180 days after the date of enactment of this Act.

TABLE OF CONTENTS: Title I: Elimination of Department of Housing and Urban Development Title II: Transfer of Functions and Savings Provisions Department of Housing and Urban Development Elimination Act of 1995 - Title I: Elimination of Department of Housing and Urban Development - Eliminates the Department of Housing and Urban Development. Title II: Transfer of Functions and Savings Provisions - Transfers all functions of the Secretary of Housing and Urban Development relating to the Fair Housing Act to the Department of Justice.

Department of Housing and Urban Development Elimination Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``Geothermal Exploration and Technology Act of 2013''. SEC. 2. GEOTHERMAL EXPLORATORY DRILLING LOAN PROGRAM. (a) Definitions.--In this section: (1) Fund.--The term ``Fund'' means the Geothermal Investment Fund established under subsection (h). (2) Program.--The term ``program'' means the direct loan program for high risk geothermal exploration wells established under this section. (3) Secretary.--The term ``Secretary'' means the Secretary of Energy. (b) Establishment.--The Secretary shall establish a direct loan program for high risk geothermal exploration wells. (c) Applications.--An applicant that seeks to receive a loan under the program may submit to the Secretary an application for the loan at such time, in such form, and containing such information as the Secretary may prescribe. (d) Project Criteria.-- (1) In general.--In selecting applicants for loans under this section to carry out projects under the program, the Secretary shall consider-- (A) the potential for unproven geothermal resources that would be explored and developed under a project; (B) the expertise and experience of an applicant in developing geothermal resources; and (C) the importance of the project in meeting the goals of the Department of Energy. (2) Preference.--In selecting applicants for loans under this section to carry out projects under the program, the Secretary shall provide a preference for projects likely to lead to successful new geothermal development leading to electricity production. (e) Data Sharing.--Data from all exploratory wells that are carried out under the program shall be provided to the Secretary and the Secretary of the Interior for use in mapping national geothermal resources and other uses, including-- (1) subsurface geologic data; (2) metadata; (3) borehole temperature data; and (4) inclusion in the National Geothermal Data System of the Department of Energy. (f) Administration.-- (1) Cost share.-- (A) In general.--The Secretary shall determine the cost share for a loan made under this section. (B) Higher risks.--The Secretary may base the cost share percentage for loans made under this section on a sliding scale, with higher Federal shares awarded to projects with higher risks. (2) Number of wells.--The Secretary shall determine the number of wells for each selected geothermal project for which a loan may be made under this section. (3) Unproductive projects.--The Secretary may grant further delays or dispense with the repayment obligation on a demonstration that a selected geothermal project is unproductive. (g) Loan Repayment.-- (1) Commencement.--The recipient of a loan made under this section for a geothermal facility shall commence repayment of the loan beginning on the earlier of-- (A) the date that is 4 years after the date the loan is made; or (B) the date on which the geothermal facility enters into commercial production. (2) Term.-- (A) In general.--Except as provided in subparagraph (B), the term of a loan made under this section shall be 4 years beginning on the applicable loan repayment commencement date under paragraph (1). (B) Extension.--The Secretary may extend the term of a loan under this section for not more than 4 years. (3) Use of loan repayments.--Amounts repaid on loans made under this section shall be deposited in the Fund. (h) Geothermal Investment Fund.-- (1) Establishment of fund.--There is established in the Treasury of the United States a fund to be known as the ``Geothermal Investment Fund'', to be administered by the Secretary, to be available without fiscal year limitation and not subject to appropriation, to carry out this section. (2) Transfers to fund.--The Fund shall consist of-- (A) such amounts as are appropriated to the Fund under subsection (j); and (B) amounts repaid on loans under subsection (g)(3). (3) Prohibition.--Amounts in the Fund may not be made available for any purpose other than a purpose described in paragraph (1). (4) Annual reports.-- (A) In general.--Not later than 60 days after the end of each fiscal year beginning with fiscal year 2013, the Secretary of Energy shall submit to the the Committee on Energy and Natural Resources of the Senate and the Committee on Energy and Commerce of the House of Representatives a report on the operation of the Fund during the fiscal year. (B) Contents.--Each report shall include, for the fiscal year covered by the report, the following: (i) A statement of the amounts deposited into the Fund. (ii) A description of the expenditures made from the Fund for the fiscal year, including the purpose of the expenditures. (iii) Recommendations for additional authorities to fulfill the purpose of the Fund. (iv) A statement of the balance remaining in the Fund at the end of the fiscal year. (i) Guidelines.-- (1) In general.--Not later than 180 days after the date of enactment of this Act, the Secretary shall issue guidelines for the implementation of the program. (2) Administration.--The guidelines shall-- (A) specify-- (i) the terms and conditions that would require a higher or lower level of cost sharing under this section; (ii) the conditions under which the Secretary will allow loan modifications or forgiveness in cases in which a well cannot be used for production or injection; and (iii) the information necessary to provide a loan applicant with certainty about application of subsection (f), including the level of cost and risk that the applicant and the Secretary will assume; and (B) require that-- (i) loans be provided under this section only after the developer has committed the share of the developer for expenditures for drilling costs; and (ii) loans for successful wells shall be repaid by the developer within a 10-year period. (j) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section such sums as are necessary for each of fiscal years 2013 through 2022. SEC. 3. LARGE-SCALE GEOTHERMAL ENERGY. Title VI of the Energy Independence and Security Act of 2007 is amended by inserting after section 616 (42 U.S.C. 17195) the following: ``SEC. 616A. LARGE-SCALE GEOTHERMAL ENERGY. ``(a) Findings.--Congress finds that-- ``(1) the Geothermal Technologies Program of the Office of Energy Efficiency and Renewable Energy of the Department has included a focus on direct use of geothermal energy in the low- temperature geothermal energy subprogram (including in the development of a research and development plan for the program); ``(2) the Building Technologies Program of the Office of Energy Efficiency and Renewable Energy of the Department-- ``(A) is focused on the energy demand and energy efficiency of buildings; and ``(B) includes geothermal heat pumps as a component technology in the residential and commercial deployment activities of the program; and ``(3) geothermal heat pumps and direct use of geothermal energy, especially in large-scale applications, can make a significant contribution to the use of renewable energy but are underrepresented in research, development, demonstration, and commercialization. ``(b) Purposes.--The purposes of this section are-- ``(1) to improve the components, processes, and systems used for geothermal heat pumps and the direct use of geothermal energy; and ``(2) to increase the energy efficiency, lower the cost, increase the use, and improve and demonstrate the applicability of geothermal heat pumps to, and the direct use of geothermal energy in, large buildings, commercial districts, residential communities, and large municipal, agricultural, or industrial projects. ``(c) Definitions.--In this section: ``(1) Direct use of geothermal energy.--The term `direct use of geothermal energy' means systems that use water that is at a temperature between approximately 38 degrees Celsius and 149 degrees Celsius directly or through a heat exchanger to provide-- ``(A) heating to buildings; or ``(B) heat required for industrial processes, agriculture, aquaculture, and other facilities. ``(2) Geothermal heat pump.--The term `geothermal heat pump' means a system that provides heating and cooling by exchanging heat from shallow ground or surface water using-- ``(A) a closed loop system, which transfers heat by way of buried or immersed pipes that contain a mix of water and antifreeze; or ``(B) an open loop system, which circulates ground or surface water directly into the building and returns the water to the same aquifer or surface water source. ``(3) Large-scale application.--The term `large-scale application' means an application for space or process heating or cooling for large entities with a name-plate capacity, expected resource, or rating of 10 or more megawatts, such as a large building, commercial district, residential community, or a large municipal, agricultural, or industrial project. ``(4) Secretary.--The term `Secretary' means Secretary of Energy, acting through the Assistant Secretary for Energy Efficiency and Renewable Energy. ``(d) Program.-- ``(1) In general.--The Secretary shall establish a program of research, development, demonstration, and commercial application for geothermal heat pumps and the direct use of geothermal energy. ``(2) Areas.--The program may include research, development, demonstration, and commercial application of-- ``(A) geothermal ground loop efficiency improvements through more efficient heat transfer fluids; ``(B) geothermal ground loop efficiency improvements through more efficient thermal grouts for wells and trenches; ``(C) geothermal ground loop installation cost reduction through-- ``(i) improved drilling methods; ``(ii) improvements in drilling equipment; ``(iii) improvements in design methodology and energy analysis procedures; and ``(iv) improved methods for determination of ground thermal properties and ground temperatures; ``(D) installing geothermal ground loops near the foundation walls of new construction to take advantage of existing structures; ``(E) using gray or black wastewater as a method of heat exchange; ``(F) improving geothermal heat pump system economics through integration of geothermal systems with other building systems, including providing hot and cold water and rejecting or circulating industrial process heat through refrigeration heat rejection and waste heat recovery; ``(G) advanced geothermal systems using variable pumping rates to increase efficiency; ``(H) geothermal heat pump efficiency improvements; ``(I) use of hot water found in mines and mine shafts and other surface waters as the heat exchange medium; ``(J) heating of districts, neighborhoods, communities, large commercial or public buildings (including office, retail, educational, government, and institutional buildings and multifamily residential buildings and campuses), and industrial and manufacturing facilities; ``(K) geothermal system integration with solar thermal water heating or cool roofs and solar- regenerated desiccants to balance loads and use building hot water to store geothermal energy; ``(L) use of hot water coproduced from oil and gas recovery; ``(M) use of water sources at a temperature of less than 150 degrees Celsius for direct use; ``(N) system integration of direct use with geothermal electricity production; and ``(O) coproduction of heat and power, including on- site use. ``(3) Environmental impacts.--In carrying out the program, the Secretary shall identify and mitigate potential environmental impacts in accordance with section 614(c). ``(e) Grants.-- ``(1) In general.--The Secretary shall make grants available to State and local governments, institutions of higher education, nonprofit entities, utilities, and for-profit companies (including manufacturers of heat-pump and direct-use components and systems) to promote the development of geothermal heat pumps and the direct use of geothermal energy. ``(2) Priority.--In making grants under this subsection, the Secretary shall give priority to proposals that apply to large buildings (including office, retail, educational, government, institutional, and multifamily residential buildings and campuses and industrial and manufacturing facilities), commercial districts, and residential communities. ``(3) National solicitation.--Not later than 180 days after the date of enactment of this section, the Secretary shall conduct a national solicitation for applications for grants under this section. ``(f) Reports.-- ``(1) In general.--Not later than 2 years after the date of enactment of this section and annually thereafter, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Science and Technology of the House of Representatives a report on progress made and results obtained under this section to develop geothermal heat pumps and direct use of geothermal energy. ``(2) Areas.--Each of the reports required under this subsection shall include-- ``(A) an analysis of progress made in each of the areas described in subsection (d)(2); and ``(B)(i) a description of any relevant recommendations made during a review of the program; and ``(ii) any plans to address the recommendations under clause (i). ``(g) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary to carry out this section such sums as are necessary for each of fiscal years 2013 through 2017.''. SEC. 4. FACILITATION OF COPRODUCTION OF GEOTHERMAL ENERGY ON OIL AND GAS LEASES. Section 4(b) of the Geothermal Steam Act of 1970 (30 U.S.C. 1003(b)) is amended by adding at the end the following: ``(4) Land subject to oil and gas lease.--Land under an oil and gas lease issued pursuant to the Mineral Leasing Act (30 U.S.C. 181 et seq.) or the Mineral Leasing Act for Acquired Lands (30 U.S.C. 351 et seq.) that is subject to an approved application for permit to drill and from which oil and gas production is occurring may be available for leasing under subsection (c) by the holder of the oil and gas lease-- ``(A) on a determination that-- ``(i) geothermal energy will be produced from a well producing or capable of producing oil and gas; and ``(ii) the public interest will be served by the issuance of such a lease; and ``(B) in order to provide for the coproduction of geothermal energy with oil and gas.''.

Geothermal Exploration and Technology Act of 2013 - Requires the Secretary of Energy (DOE) to: (1) establish a direct loan program for high risk geothermal exploration wells, and (2) give preference to loans to carry out projects that are likely to lead to successful new geothermal development leading to electricity production. Requires data from exploratory wells to be provided to the DOE Secretary (Secretary) and the Secretary of the Interior for use in mapping national geothermal resources and other uses, including subsurface geologic data, metadata, borehole temperature data, and inclusion in DOE's National Geothermal Data System. Requires the Secretary to determine the number of wells for each selected geothermal project for which a loan may be made. Requires: (1) a recipient to commence repayment of the loan beginning on the earlier of four years after the loan is made or when the geothermal facility enters into commercial production, and (2) loans for successful wells to be repaid by the developer within 10 years. Establishes the Geothermal Investment Fund to carry out such program. Requires amounts repaid on loans to be deposited in such Fund. Amends the Energy Independence and Security Act of 2007 to require: the Assistant Secretary for Energy Efficiency and Renewable Energy to: (1) establish a program of research, development, demonstration, and commercial application for geothermal heat pumps and the direct use of geothermal energy; (2) identify and mitigate potential environmental impacts; (3) make grants to promote the development of geothermal heat pumps and the direct use of geothermal energy; (4) give priority to proposals that apply to large buildings, commercial districts, and residential communities; and (5) conduct a national solicitation for grant applications. Amends the Geothermal Steam Act of 1970 to provide that land under an oil and gas lease issued pursuant to the Mineral Leasing Act or the Mineral Leasing Act for Acquired Lands that is subject to an approved application for a permit to drill and from which oil and gas production is occurring may be available for leasing for geothermal drilling in order to provide for the coproduction of geothermal energy with oil and gas, if the lease would serve the public interest.

Geothermal Exploration and Technology Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Election Integrity Act of 2005''. SEC. 2. FINDINGS. Congress finds that-- (1) chief State election administration officials have served on political campaigns for Federal candidates whose elections those officials will supervise; (2) such partisan activity by the chief State election administration official, an individual charged with certifying the validity of an election, represents a fundamental conflict of interest that may prevent the official from ensuring a fair and accurate election; (3) this conflict impedes the legal duty of chief State election administration officials to supervise Federal elections, undermines the integrity of Federal elections, and diminishes the people's confidence in our electoral system by casting doubt on the results of Federal elections; (4) the Supreme Court has long recognized that Congress's power to regulate Congressional elections under article I, section 4, clause 1 of the Constitution is both plenary and powerful; and (5) the Supreme Court and numerous appellate courts have recognized that the broad power given to Congress over Congressional elections extends to Presidential elections. SEC. 3. PROHIBITION ON CAMPAIGN ACTIVITIES BY ELECTION ADMINISTRATION OFFICIALS. (a) In General.--Title III of the Federal Election Campaign Act of 1971 (2 U.S.C. 431 et seq.) is amended by inserting after section 319 the following new section: ``campaign activities by election officials ``Sec. 319A. (a) Prohibition.--It shall be unlawful for a chief State election administration official to take an active part in political management or in a political campaign with respect to any election for Federal office over which such official has supervisory authority. ``(b) Chief State Election Administration Official.--The term `chief State election administration official' means the highest State official with responsibility for the administration of Federal elections under State law. ``(c) Active Part in Political Management or in a Political Campaign.--The term `active part in political management or in a political campaign' means-- ``(1) serving as a member of an authorized committee of candidate for Federal office; ``(2) the use of official authority or influence for the purpose of interfering with or affecting the result of an election for Federal office; ``(3) the solicitation, acceptance, or receipt of political contributions from any person on behalf of a candidate for Federal office; ``(4) the solicitation or discouragement of the participation in any political activity of any person; ``(5) engaging in partisan political activity on behalf of a candidate for Federal office; and ``(6) any other act prohibited under section 7323(b)(4) of title 5, United States Code (other than any prohibition on running for public office).''. (b) Enforcement.--Section 309 of the Federal Election Campaign Act of 1971 (42 U.S.C. 437g) is amended by adding at the end the following new subsection: ``(d)(1) Notwithstanding paragraphs (1) through (5) of subsection (a), any person who has knowledge of a violation of section 319A has occurred may file a complaint with the Commission. Such complaint shall be in writing, signed and sworn to by the person filing such complaint, shall be notarized, and shall be made under penalty of perjury subject to the provisions of section 1001 of title 18, United States Code. The Commission shall promptly notify any person alleged in the complaint and the candidate with respect to whom a violation is alleged, and shall give such person and such candidate an opportunity to respond. Not later than 14 days after the date on which such a complaint is filed, the Commission shall make a determination on such complaint. ``(2)(A) If the Commission determines by an affirmative vote of a majority of the members voting that a person has committed a violation of section 319A, the Commission shall require the person to pay a civil money penalty in an amount determined under a schedule of penalties which is established and published by the Commission. ``(B) If the Commission determines by an affirmative vote of a majority of the members voting that a person has committed a violation of section 319A under subparagraph (A) and that the candidate knew of the violation at the time such violation occurred, the Commission may require such candidate to pay a civil money penalty in an amount determined under a schedule of penalties which is established and published by the Commission.''.

Federal Election Integrity Act of 2005 - Amends the Federal Election Campaign Act of 1971 to make it unlawful for a chief State election administration official to take active part in political management or in a political campaign with respect to any election for Federal office over which such official has supervisory authority.

A bill to amend the Federal Election Campaign Act of 1971 to prohibit certain State election administration officials from actively participating in electoral campaigns.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Delivering Antimicrobial Transparency in Animals Act of 2015''. SEC. 2. PURPOSE. The purpose of this Act is to provide the Food and Drug Administration and the public with better information on the use of antimicrobial drugs in animals used for food to-- (1) enable public health officials and scientists to better understand and interpret trends and variations in rates of microbial resistance to such antimicrobial drugs; (2) improve the understanding of the relationship between antimicrobial drug use in animals used for food and antimicrobial drug resistance in microbes in and on animals and humans; and (3) identify interventions to prevent and control such antimicrobial drug resistance. SEC. 3. ENHANCED REPORTING REQUIREMENTS. (a) Reports.--Section 512(l) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360b(l)) is amended by striking paragraph (3) and inserting the following: ``(3)(A) In the case of each new animal drug described in paragraph (1) that contains an antimicrobial active ingredient, the sponsor of the drug shall submit an annual report to the Secretary on the amount of each antimicrobial active ingredient in the drug that is sold or distributed for use in food- producing animals, including information on any distributor- labeled product. ``(B) Each report under this paragraph shall specify the amount of each antimicrobial active ingredient-- ``(i) by container size, strength, and dosage form; ``(ii) by quantities distributed to each State domestically and by quantities exported; and ``(iii) by dosage form, including (for each dosage form) the known or estimated amounts of the antimicrobial active ingredient sold or distributed for use in each food-producing animal for which the new animal drug is approved, including a description of the methods used to determine or estimate the amounts. ``(4)(A) Subject to subparagraph (B), in the case of animal feed in final formulation bearing or containing a new animal drug for which reporting is required under paragraph (3), a live poultry dealer, swine contractor, or feed lot operator who purchases, contracts, or manufactures such feed shall submit to the Secretary an annual report that specifies, by food- producing animal for which the new animal drug is approved and, where applicable as determined by the Secretary, by production class of such animal-- ``(i) the amount of each antimicrobial active ingredient contained per kilogram of each such feed sold or distributed for that animal and, where applicable, production class; ``(ii) the quantity of such feed sold or distributed for that animal and, where applicable, production class; and ``(iii) for each such feed sold or distributed under a veterinary feed directive-- ``(I) the indications for which the feed was sold or distributed and the quantities of such feed that were sold or distributed per each such indication; ``(II) the number of individuals of the food-producing animal and, where applicable, the production class to which the feed was intended; and ``(III) the length of time over which the feed was intended to be provided to the animals and the dose of the active antimicrobial ingredient the animals were intended to receive. ``(B)(i) Subparagraph (A) does not apply to a live poultry dealer, swine contractor, or feed lot operator if the total value of the live animals owned, purchased, sold, contracted for, or otherwise controlled by the dealer, contractor, or operator, directly or through subsidiaries or affiliates, per year, does not exceed-- ``(I) $10,000,000; or ``(II) such other sum as the Secretary may specify through regulation. ``(ii) The Secretary may specify through regulation alternative reporting requirements, including via pilot programs or based on the results of pilot programs-- ``(I) to improve the accuracy of reports; ``(II) to lessen the burden of reporting; ``(III) to facilitate the Secretary's ability to provide public summaries of the reports; or ``(IV) to improve the Secretary's ability to use the reports, or the public's ability to use the summaries under paragraph (5), to understand the relationship between sales, distribution, and end-use practices with respect to feed containing new animal drugs described in paragraph (1) and antimicrobial resistance trends in microbes in animals, animal food products, and humans. ``(5)(A) Each report under paragraph (3) or (4) shall-- ``(i) be submitted electronically not later than March 31 each year; ``(ii) cover the period of the preceding calendar year; ``(iii) include separate information for each month of such calendar year; and ``(iv) be in such format as the Secretary may require. ``(B) In specifying a format under subparagraph (A)(iv), the Secretary shall seek to ensure that such format enables the data reported to be integrated or otherwise easily associated and compared with data from other Federal databases containing data on-- ``(i) drug sales for human use; and ``(ii) rates of antimicrobial resistance in bacteria in and on animals, animal food products, and people. ``(C) The Secretary may share information reported under paragraph (3) or (4) with the Antimicrobial Resistance Task Force established under section 319E of the Public Health Service Act. ``(D)(i) Not later than November 30 each year, the Secretary shall make publicly available summaries of the information reported under paragraphs (3) and (4). ``(ii) For each summary under clause (i), except as provided in clause (iii), the Secretary shall-- ``(I) report data by antimicrobial drug class; ``(II) for each such antimicrobial drug class, specify-- ``(aa) the quantity of drugs sold or distributed per dosage form; ``(bb) the percentage of drugs sold or distributed with labeled indications that fall within each of the following categories: growth promotion, feed efficiency, or other production purposes; disease prevention; disease control; and disease treatment; ``(cc) the quantity of drugs sold or distributed per each of the following marketing categories: over-the-counter, prescription, and veterinary feed directive; ``(dd) the quantity of drugs sold or distributed per State of sale or distribution; and ``(ee) the known or estimated quantity of drugs sold or distributed for each food- producing animal and, where feasible, production class of such animal; and ``(III) for each feed sold or distributed under a veterinary food directive for which reporting is required under paragraph (4), include the information reported pursuant to subclauses (I), (II), and (III) of paragraph (4)(A)(iii). ``(iii) For any antimicrobial drug class with fewer than 3 sponsors of approved new animal drugs, instead of reporting data under clause (ii), the Secretary shall for each such class-- ``(I) report data by category of importance of the antimicrobial drugs within that class to human medicine, as determined by the Secretary; and ``(II) to the extent feasible for each such category, specify-- ``(aa) the quantity of drugs sold or distributed per dosage form; ``(bb) the percentage of drugs sold or distributed with labeled indications that fall within each of the following categories: growth promotion, feed efficiency, or other production purposes; disease prevention; disease control; and disease treatment; ``(cc) the quantity of drugs sold or distributed per each of the following marketing categories: over-the-counter, prescription, and veterinary feed directive; and ``(dd) the quantity of drugs sold or distributed per State of sale or distribution. ``(iv) In carrying out this subparagraph, the Secretary shall report data in a manner consistent with protecting both national security and confidential business information. ``(E) In this paragraph, the terms `live poultry dealer' and `swine contractor' have the meanings given to those terms in section 2 of the Packers and Stockyards Act, 1921.''. (b) Rule of Application.--The amendment made by this section applies to reports under paragraphs (3) and (4) of section 512(l) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360b(l)) (as amended by subsection (a)) that cover the period of the first calendar year beginning after the date of enactment of this Act or any subsequent calendar year. The provisions of section 512(l)(3) of such Act, as in effect the day before the date of enactment of this Act, apply to reports that cover the period of any calendar year beginning before the calendar years described in the preceding sentence. SEC. 4. ENHANCED COLLABORATION BETWEEN THE FOOD AND DRUG ADMINISTRATION AND THE DEPARTMENT OF AGRICULTURE. The Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs, shall increase collaboration and coordination with the Secretary of Agriculture to expand and coordinate the collection of data on the use of antimicrobial drugs in or on cattle, swine, chickens, turkeys, and such other food-producing animal species as agreed to by the Secretary of Health and Human Services and the Secretary of Agriculture, including by providing information to the Secretary of Agriculture for use by-- (1) the Animal and Plant Health Inspection Service to help inform its collection of data through the National Animal Health Monitoring System; and (2) the Economic Research Service to help inform its collection of data through the Agricultural Resource Management Survey. SEC. 5. REPORT BY GAO. (a) In General.--Not later than 3 years after the date of enactment of this Act, the Comptroller General of the United States shall commence a study to evaluate-- (1) the voluntary approach used by the Food and Drug Administration to eliminate injudicious use of antimicrobial drugs in food-producing animals; and (2) the effectiveness of the data collection activities conducted by the Food and Drug Administration regarding antimicrobial resistance. (b) Report.--Not later than 1 year after commencing the study required by subsection (a), 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 that describes the results of such study.

Delivering Antimicrobial Transparency in Animals Act of 2015 This bill amends the Federal Food, Drug, and Cosmetic Act to revise reporting requirements for new animal drugs containing an antimicrobial. Certain live poultry dealers, swine contractors, and feed lot operators who purchase, contract, or manufacture animal feed containing a new antimicrobial animal drug must annually report to the Food and Drug Administration, by food-producing animal, the amount of drug per kilogram of feed, and the quantity of feed sold or distributed. Additional information must be provided for feed sold or distributed under a veterinary feed directive. The FDA may specify alternative reporting requirements to improve the accuracy of reports, lessen the burden of reporting, facilitate providing public summaries of reports, or improve the FDA's ability to use reports or the public's ability to use summaries. The FDA must publish summaries of these reports and reports from sponsors of new antimicrobial animal drugs, with data reported by antimicrobial drug class. Alternative reporting requirements are specified for antimicrobial drug classes with fewer than three new animal drugs. The FDA must increase collaboration and coordination with the Department of Agriculture to expand the collection of data on the use of antimicrobials on food-producing animals and to provide information for the Animal and Plant Health Inspection Service and Economic Research Service. The Government Accountability Office must evaluate the voluntary approach used by the FDA to eliminate injudicious use of antimicrobial drugs in food-producing animals and the effectiveness of FDA data collection activities regarding antimicrobial resistance.

Delivering Antimicrobial Transparency in Animals Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Strong Families Act of 2017''. SEC. 2. CONTINUING EVIDENCE-BASED HOME VISITING PROGRAM. Section 511(j)(1)(H) of the Social Security Act (42 U.S.C. 711(j)(1)(H)) is amended by striking ``fiscal year 2017'' and inserting ``each of fiscal years 2017 through 2022''. SEC. 3. CONTINUING TO DEMONSTRATE RESULTS TO HELP FAMILIES. (a) Require Service Delivery Models To Demonstrate Improvement in Applicable Benchmark Areas.--Section 511 of the Social Security Act (42 U.S.C. 711) is amended in each of subsections (d)(1)(A) and (h)(4)(A) by striking ``each of''. (b) Demonstration of Improvements in Subsequent Years.--Section 511(d)(1) of such Act (42 U.S.C. 711(d)(1)) is amended by adding at the end the following: ``(D) Demonstration of improvements in subsequent years.-- ``(i) Continued measurement of improvement in applicable benchmark areas.--The eligible entity, after demonstrating improvements for eligible families as specified in subparagraphs (A) and (B), shall continue to track and report, not later than 30 days after the end of fiscal year 2020 and every 3 years thereafter, information demonstrating that the program results in improvements for the eligible families participating in the program in at least 4 of the areas specified in subparagraph (A) that the service delivery model or models selected by the entity are intended to improve. ``(ii) Corrective action plan.--If the eligible entity fails to demonstrate improvement in at least 4 of the areas specified in subparagraph (A), as compared to eligible families who do not receive services under an early childhood home visitation program, the entity shall develop and implement a plan to improve outcomes in each of the areas specified in subparagraph (A) that the service delivery model or models selected by the entity are intended to improve, subject to approval by the Secretary. The plan shall include provisions for the Secretary to monitor implementation of the plan and conduct continued oversight of the program, including through submission by the entity of regular reports to the Secretary. ``(iii) Technical assistance.--The Secretary shall provide an eligible entity required to develop and implement an improvement plan under clause (ii) with technical assistance to develop and implement the plan. The Secretary may provide the technical assistance directly or through grants, contracts, or cooperative agreements. ``(iv) No improvement or failure to submit report.--If the Secretary determines after a period of time specified by the Secretary that an eligible entity implementing an improvement plan under clause (ii) has failed to demonstrate any improvement in at least 4 of the areas specified in subparagraph (A), or if the Secretary determines that an eligible entity has failed to submit the report required by clause (i), the Secretary shall terminate the grant made to the entity under this section and may include any unexpended grant funds in grants made to nonprofit organizations under subsection (h)(2)(B).''. (c) Including Information on Applicable Benchmarks in Application.--Section 511(e)(5) of such Act (42 U.S.C. 711(e)(5)) is amended by inserting ``that the service delivery model or models selected by the entity are intended to improve'' before the period at the end. SEC. 4. REVIEWING STATEWIDE NEEDS TO TARGET RESOURCES. Section 511(b)(1) of the Social Security Act (42 U.S.C. 711(b)(1)) is amended by striking ``Not later than'' and all that follows through ``section 505(a))'' and inserting ``Each State shall, as a condition of receiving payments from an allotment for the State under section 502, conduct a statewide needs assessment (which may be separate from but in coordination with the statewide needs assessment required under section 505(a) and which shall be reviewed and updated by the State not later than October 1, 2020)''. SEC. 5. IMPROVING THE LIKELIHOOD OF SUCCESS IN HIGH-RISK COMMUNITIES. Section 511(d)(4)(A) of the Social Security Act (42 U.S.C. 711(d)(4)(A)) is amended by inserting ``, taking into account the staffing, community resource, and other requirements to operate at least one approved model of home visiting and demonstrate improvements for eligible families'' before the period. SEC. 6. OPTION TO FUND EVIDENCE-BASED HOME VISITING ON A PAY FOR OUTCOME BASIS. (a) In General.--Section 511(c) of the Social Security Act (42 U.S.C. 711(c)) is amended by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively, and by inserting after paragraph (2) the following: ``(3) Authority to use grant for a pay for outcomes initiative.--An eligible entity to which a grant is made under paragraph (1) may use up to 25 percent of the grant for outcomes or success payments related to a pay for outcomes initiative that will not result in a reduction of funding for services delivered by the entity under a childhood home visitation program under this section while the eligible entity develops or operates such an initiative.''. (b) Definition of Pay for Outcomes Initiative.--Section 511(k) of such Act (42 U.S.C. 711(k)) is amended by adding at the end the following: ``(4) Pay for outcomes initiative.--The term `pay for outcomes initiative' means a performance-based grant, contract, cooperative agreement, or other agreement awarded by a public entity in which a commitment is made to pay for improved outcomes that result in social benefit and direct cost savings or cost avoidance to the public sector. Such an initiative shall include-- ``(A) a feasibility study that describes how the proposed intervention is based on evidence of effectiveness; ``(B) a rigorous, third-party evaluation that uses experimental or quasi-experimental design or other research methodologies that allow for the strongest possible causal inferences to determine whether the initiative has met its proposed outcomes; ``(C) an annual, publicly available report on the progress of the initiative; and ``(D) a requirement that payments are made to the recipient of a grant, contract, or cooperative agreement only when agreed upon outcomes are achieved, except that this requirement shall not apply with respect to payments to a third party conducting the evaluation described in subparagraph (B).''. (c) Extended Availability of Funds.--Section 511(j)(3) of such Act (42 U.S.C. 711(j)(3)) is amended-- (1) by striking ``(3) Availability.--Funds'' and inserting the following: ``(3) Availability.-- ``(A) In general.--Except as provided in subparagraph (B), funds''; and (2) by adding at the end the following: ``(B) Funds for pay for outcomes initiatives.-- Funds made available to an eligible entity under this section for a fiscal year (or portion of a fiscal year) for a pay for outcomes initiative shall remain available for expenditure by the eligible entity for not more than 10 years after the funds are so made available.''. SEC. 7. DATA EXCHANGE STANDARDS FOR IMPROVED INTEROPERABILITY. (a) In General.--Section 511(h) of the Social Security Act (42 U.S.C. 711(h)) is amended by adding at the end the following: ``(5) Data exchange standards for improved interoperability.-- ``(A) Designation and use of data exchange standards.-- ``(i) Designation.--The head of the department or agency responsible for administering a program funded under this section shall, in consultation with an interagency work group established by the Office of Management and Budget and considering State government perspectives, designate data exchange standards for necessary categories of information that a State agency operating the program is required to electronically exchange with another State agency under applicable Federal law. ``(ii) Data exchange standards must be nonproprietary and interoperable.--The data exchange standards designated under clause (i) shall, to the extent practicable, be nonproprietary and interoperable. ``(iii) Other requirements.--In designating data exchange standards under this paragraph, the Secretary shall, to the extent practicable, incorporate-- ``(I) interoperable standards developed and maintained by an international voluntary consensus standards body, as defined by the Office of Management and Budget; ``(II) interoperable standards developed and maintained by intergovernmental partnerships, such as the National Information Exchange Model; and ``(III) interoperable standards developed and maintained by Federal entities with authority over contracting and financial assistance. ``(B) Data exchange standards for federal reporting.-- ``(i) Designation.--The head of the department or agency responsible for administering a program referred to in this section shall, in consultation with an interagency work group established by the Office of Management and Budget, and considering State government perspectives, designate data exchange standards to govern Federal reporting and exchange requirements under applicable Federal law. ``(ii) Requirements.--The data exchange reporting standards required by clause (i) shall, to the extent practicable-- ``(I) incorporate a widely accepted, nonproprietary, searchable, computer-readable format; ``(II) be consistent with and implement applicable accounting principles; ``(III) be implemented in a manner that is cost-effective and improves program efficiency and effectiveness; and ``(IV) be capable of being continually upgraded as necessary. ``(iii) Incorporation of nonproprietary standards.--In designating data exchange standards under this paragraph, the Secretary shall, to the extent practicable, incorporate existing nonproprietary standards, such as the eXtensible Mark up Language. ``(iv) Rule of construction.--Nothing in this paragraph shall be construed to require a change to existing data exchange standards for Federal reporting about a program referred to in this section, if the head of the department or agency responsible for administering the program finds the standards to be effective and efficient.''. (b) Effective Date.--The amendment made by subsection (a) shall take effect on the date that is 2 years after the date of enactment of this Act.

Strong Families Act of 2017 This bill amends title V (Maternal and Child Health Services) of the Social Security Act to reauthorize through FY2022, and otherwise revise, the Maternal, Infant, and Early Childhood Home Visiting Program. Under current law, grantees were required, after three years of program implementation, to demonstrate improvement in specified benchmark areas. The bill requires grantees to continue to track and demonstrate, on a triennial basis, improvement in applicable benchmark areas. A grantee that fails to do so must develop and implement a corrective action plan, subject to approval by the Department of Health and Human Services (HHS). HHS shall terminate a program grant made to a grantee that implements such a plan but continues to fail to demonstrate improvement. As a condition for receiving grant funds under the program, a state must review and update its statewide needs assessment by October 1, 2020. A grantee may use a portion of program grant funds to support a "pay-for-outcomes initiative" (a performance-based grant, contract, or cooperative agreement, awarded by a public entity, in which a commitment is made to pay for improved outcomes that result in social benefit and public-sector cost savings). HHS must designate data-exchange standards applicable to the program.

Strong Families Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Middle Class College Tuition Tax Credit Expansion Act of 2008''. SEC. 2. QUALIFIED TUITION AND RELATED EXPENSES CREDIT. (a) In General.--Section 25A of the Internal Revenue Code of 1986 (relating to Hope and Lifetime Learning Credits) is amended to read as follows: ``SEC. 25A. QUALIFIED TUITION AND RELATED EXPENSES CREDIT. ``(a) Allowance of Credit.--In the case of any eligible individual for whom an election is in effect under this section, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to 50 percent of so much of the qualified tuition and related expenses paid by the taxpayer during the taxable year (for education furnished to the eligible individual during any academic period beginning in such taxable year) as does not exceed $10,000. ``(b) Limitations.-- ``(1) Modified adjusted gross income limitation.-- ``(A) In general.--The amount which would (but for this paragraph) be taken into account under subsection (a) for the taxable year shall be reduced (but not below zero) by the amount determined under paragraph (2). ``(B) Amount of reduction.--The amount determined under this paragraph 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 paragraph (4), bears to ``(ii) $5,000 ($10,000 in the case of a joint return). ``(C) Modified adjusted gross income.--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 subparagraph (B) for the taxable year, and ``(ii) in any other case, $100,000. ``(2) Credit allowed for only 4 taxable years.--An election to have this section apply with respect to any eligible individual may not be made for any taxable year if such an election (by the taxpayer or any other individual) is in effect with respect to such individual for any 4 prior taxable years. ``(c) Definitions.--For purposes of this section-- ``(1) Eligible individual.--The term `eligible individual' means any individual described in paragraph (2). ``(2) Qualified tuition and related expenses.-- ``(A) In general.--The term `qualified tuition and related expenses' means tuition and fees required for the enrollment or attendance of-- ``(i) the taxpayer, ``(ii) the taxpayer's spouse, or ``(iii) any dependent of the taxpayer with respect to whom the taxpayer is allowed a deduction under section 151, at an eligible educational institution for courses of instruction of such individual at such institution. ``(B) Books.--Such term shall include books required for such individual's academic courses of instruction at the eligible educational institution. ``(C) Exception for education involving sports, etc.--Such term does not include expenses with respect to any course or other education involving sports, games, or hobbies, unless such course or other education is part of the individual's degree program. ``(D) Exception for nonacademic fees.--Such term does not include student activity fees, athletic fees, insurance expenses, or other expenses unrelated to an individual's academic course of instruction. ``(3) Eligible educational institution.--The term `eligible educational institution' means an institution-- ``(A) which is described in section 481 of the Higher Education Act of 1965, as in effect on the date of the enactment of the Taxpayer Relief Act of 1997, and ``(B) which is eligible to participate in a program under title IV of the Higher Education Act of 1965. ``(d) Special Rules.-- ``(1) Identification requirement.--No credit shall be allowed under subsection (a) to a taxpayer with respect to an eligible student unless the taxpayer includes the name and taxpayer identification number of such student on the return of tax for the taxable year. ``(2) Adjustment for certain scholarships.--The amount of qualified tuition and related expenses otherwise taken into account under subsection (a) with respect to an individual for an academic period shall be reduced (before the application of subsections (a) and (b)) by the sum of any amounts paid for the benefit of such individual which are allocable to such period as-- ``(A) a qualified scholarship which is excludable from gross income under section 117, ``(B) an educational assistance allowance under chapter 30, 31, 32, 34, or 35 of title 38, United States Code, or under chapter 1606 of title 10, United States Code, and ``(C) a payment (other than a gift, bequest, devise, or inheritance within the meaning of section 102(a)) for such student's educational expenses, or attributable to such individual's enrollment at an eligible educational institution, which is excludable from gross income under any law of the United States. ``(3) Treatment of expenses paid by dependent.--If a deduction under section 151 with respect to an individual is allowed to another taxpayer for a taxable year beginning in the calendar year in which such individual's taxable year begins-- ``(A) no credit shall be allowed under subsection (a) to such individual for such individual's taxable year, and ``(B) qualified tuition and related expenses paid by such individual during such individual's taxable year shall be treated for purposes of this section as paid by such other taxpayer. ``(4) Treatment of certain prepayments.--If qualified tuition and related expenses are paid by the taxpayer during a taxable year for an academic period which begins during the first 3 months following such taxable year, such academic period shall be treated for purposes of this section as beginning during such taxable year. ``(5) Denial of double benefit.--No credit shall be allowed under this section for any expense for which deduction is allowed under any other provision of this chapter. ``(6) No credit for married individuals filing separate returns.--If the taxpayer is a married individual (within the meaning of section 7703), this section shall apply only if the taxpayer and the taxpayer's spouse file a joint return for the taxable year. ``(7) Nonresident aliens.--If the taxpayer is a nonresident alien individual for any portion of the taxable year, this section shall apply only if such individual is treated as a resident alien of the United States for purposes of this chapter by reason of an election under subsection (g) or (h) of section 6013. ``(e) Inflation Adjustment.-- ``(1) In general.--In the case of a taxable year beginning after 2009, the $100,000 amount in subsection (b)(1)(D)(ii) shall each 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, determined by substituting `calendar year 2008' for `calendar year 1992' in subparagraph (B) thereof. ``(2) Rounding.--If any amount as adjusted under paragraph (1) is not a multiple of $1,000, such amount shall be rounded to the next lowest multiple of $1,000. ``(f) Regulations.--The Secretary may prescribe such regulations as may be necessary or appropriate to carry out this section, including regulations providing for a recapture of the credit allowed under this section in cases where there is a refund in a subsequent taxable year of any expense which was taken into account in determining the amount of such credit.''. (b) Repeal of Deduction for Qualified Tuition and Related Expenses.--Part VII of subchapter B of chapter 1 of such Code (relating to additional itemized deductions for individuals) is amended by striking section 222. (c) Conforming Amendments.--(1) Section 62(a) of such Code is amended by striking paragraph (18). (2) Subparagraph (A) of section 86(b)(2) of such Code is amended by striking ``, 222''. (3) Subparagraph (B) of section 72(t)(7) of such Code is amended by striking ``section 25A(g)(2)'' and inserting ``section 25A(d)(2)''. (4) Subparagraph (A) of section 135(c)(4) of such Code is amended by striking ``, 222''. (5) Subparagraph (A) of section 137(b)(3) of such Code is amended by striking ``, 222''. (6) Subparagraph (A) of section 199(d)(2) of such Code is amended by striking ``, 222''. (7) Clause (ii) of section 219(g)(3)(A) of such Code is amended by striking ``, 222''. (8) Clause (i) of section 221(b)(2)(C) of such Code is amended by striking ``, 222''. (9) Clause (iii) of section 469(i)(3)(F) of such Code is amended by striking ``221, and 222'' and inserting ``and 221''. (10) Subsection (d) of section 221 of such Code is amended-- (A) by striking ``section 25A(g)(2)'' in paragraph (2)(B) and inserting ``section 25A(d)(2)'', and (B) by striking ``section 25A(f)(2)'' in the second sentence of paragraph (2) and inserting ``section 25A(c)(3)''. (11) Paragraph (3) of section 221(d) of such Code is amended to read as follows: ``(3) Eligible student.--The term `eligible student' means, with respect to any academic period, a student who-- ``(A) meets the requirements of section 484(a)(1) of the Higher Education Act of 1965 (20 U.S.C. 1091(a)(1)), as in effect on the date of the enactment of the Taxpayer Relief Act of 1997, and ``(B) is carrying at least \1/2\ the normal full- time workload for the course of study the student is pursuing.''. (12) Subclause (I) of section 529(c)(3)(B)(v) of such Code is amended by striking ``section 25A(g)(2)'' and inserting ``25A(d)(2)''. (13) Clause (i) of section 529(e)(3)(B) of such Code is amended by striking ``section 25A(b)(3)'' and inserting ``section 221(d)(3)''. (14) Subclause (I) of section 530(d)(2)(C)(i) of such Code is amended by striking ``section 25A(g)(2)'' and inserting ``section 25A(d)(2)''. (15) Clause (iii) of section 530(d)(4)(B) of such Code is amended by striking ``section 25A(g)(2)'' and inserting ``25A(d)(2)''. (16) Section 1400O of such Code is amended by adding at the end the following flush sentence: ``For purposes of this section, any reference to section 25A shall be treated as a reference to such section as in effect on the day before the date of the enactment of this sentence.''. (17) Subparagraph (J) of section 6213(g)(2) of such Code is amended by striking ``section 25A(g)(1)'' and inserting ``section 25A(d)(1)''. (d) Clerical Amendments.--(1) The table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code is amended by striking the item relating to section 25A and inserting the following: ``25A. Qualified tuition and related expenses credit.''. (2) The table of sections for part VII of subchapter B of chapter 1 of such Code is amended by striking the item relating to section 222. (e) Effective Date.--The amendments made by this section shall apply to expenses paid after December 31, 2008, for education furnished in academic periods beginning after such date.

Middle Class College Tuition Tax Credit Expansion Act of 2008 - Amends the Internal Revenue Code to replace the Hope Scholarship and Lifetime Learning tax credits with a tax credit for 50% of qualified tuition and related expenses (including required books), up to $10,000, for attendance at an institution of higher education.

To amend the Internal Revenue Code of 1986 to consolidate the current education tax incentives as one credit against income tax for qualified tuition and related expenses.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Emergency Coverage During an Incident of National Significance Act of 2006''. SEC. 2. EXTENSION OF FEDERAL EMPLOYEE HEALTH INSURANCE TO CERTAIN INDIVIDUALS AFFECTED BY AN INCIDENT OF NATIONAL SIGNIFICANCE. (a) In General.--Subpart G of part III of title 5, United States Code, is amended by redesignating chapters 89A and 89B as chapters 89B and 89C, respectively, and by inserting after chapter 89 the following: ``CHAPTER 89A--EMERGENCY HEALTH INSURANCE FOR CERTAIN INDIVIDUALS AFFECTED BY AN INCIDENT OF NATIONAL SIGNIFICANCE ``Sec. 8921. Definitions. ``Sec. 8922. Health insurance for eligible individuals. ``Sec. 8923. Contract requirement. ``Sec. 8924. Eligibility and identification of individuals. ``Sec. 8925. Alternative conditions to Federal employee health benefits plans. ``SEC. 8921. DEFINITIONS. ``In this chapter-- ``(1) the terms defined under section 8901 shall have the meanings given such terms under that section; ``(2) the term `eligible individual' means any individual who, at the time of an incident of national significance, resides or is employed in the area identified under section 8954 with respect to such incident; ``(3) the term `incident of national significance' means a domestic catastrophic incident which is designated as an incident of national significance by the President pursuant to the national response plan referred to in section 502(6) of the Homeland Security Act of 2002; and ``(4) the term `Office' means the Office of Personnel Management. ``SEC. 8922. HEALTH INSURANCE FOR ELIGIBLE INDIVIDUALS. ``(a) The Office of Personnel Management shall administer a health insurance program for eligible individuals in accordance with this chapter. ``(b) Except as provided under this chapter, the Office shall prescribe regulations to apply the provisions of chapter 89 to the greatest extent practicable to eligible individuals covered under this chapter. ``SEC. 8923. CONTRACT REQUIREMENT. ``(a) In each calendar year, the Office shall enter into a contract with 3 or more carriers to make available 5 or more health benefits plans (subject to the provisions of this chapter) to eligible individuals under this chapter. ``(b) In carrying out this section, the Office may require 5 or more carriers to enter into a contract described in subsection (a), as a condition of entering into a contract under section 8902. ``SEC. 8924. ELIGIBILITY AND IDENTIFICATION OF INDIVIDUALS. ``(a) Except as provided in subsection (b), any eligible individual may enroll in a health benefits plan under this chapter. ``(b) An individual may not enroll in a health benefits plan under this chapter, if the individual-- ``(1) is 65 years of age or older; ``(2) is enrolled or eligible to enroll for coverage under a public health insurance program, including coverage under title XVIII of the Social Security Act, coverage under a State plan under title XIX of such Act, coverage under a State plan under title XX of such Act, or coverage under any other program determined by the Office; ``(3) is enrolled or eligible to enroll in a plan under chapter 89; or ``(4) is a member of the uniformed services as defined under section 101(a)(5) of title 10. ``(c) With respect to each incident of national significance, the Secretary of Homeland Security shall, consistent with the President's designation of such incident, identify the area affected by such incident and shall, in consulation with the Office, carry out a program to identify eligible individuals with respect to such incident. ``(d) The period of an individual's enrollment in a health benefits plan under this chapter shall not exceed 24 months with respect to any incident of national significance. Such period may be extended by the Office if the Secretary of Homeland Security determines that the area identified under subsection (c) remains affected by the incident. ``SEC. 8925. ALTERNATIVE CONDITIONS TO FEDERAL EMPLOYEE HEALTH BENEFITS PLANS. ``(a) Rates charged and premiums paid for a health benefits plan under this chapter may differ between or among geographic regions. ``(b) No Government contribution shall be made for any individual under this chapter. ``(c) In the administration of this chapter, the Office shall ensure that individuals covered under this chapter shall be in a risk pool that is separate from the risk pool maintained for individuals covered under chapter 89.''. (b) Technical and Conforming Amendments.-- (1) Contract requirement under chapter 89.--Section 8902 of title 5, United States Code, is amended by adding after subsection (o) the following: ``(p) Each contract under this chapter may include, at the discretion of the Office, a provision that the carrier shall enter into a contract to provide 1 or more health benefits plans as described under chapter 89A.''. (2) Table of chapters.--The table of chapters for part III of title 5, United States Code, is amended-- (A) by redesignating the items relating to chapters 89A and 89B as items relating to chapters 89B and 89C, respectively; and (B) by inserting after the item relating to chapter 89 the following: ``Chapter 89A--Emergency Health Insurance for Certain Individuals Affected by an Incident of National Significance ``Sec. 8921. Definitions. ``Sec. 8922. Health insurance for eligible individuals. ``Sec. 8923. Contract requirement. ``Sec. 8924. Eligibility and identification of individuals. ``Sec. 8925. Alternative conditions to Federal employee health benefits plans.''. (c) Effective Date.--The amendments made by this section shall take effect on the date of enactment of this Act and shall apply to contracts that take effect with respect to the calendar year following such date of enactment. SEC. 3. CREDIT FOR EMERGENCY HEALTH INSURANCE COSTS OF CERTAIN INDIVIDUALS AFFECTED BY AN INCIDENT OF NATIONAL SIGNIFICANCE. (a) In General.--Subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to refundable credits) is amended by redesignating section 36 as section 37 and inserting after section 35 the following new section: ``SEC. 36. EMERGENCY HEALTH INSURANCE COSTS OF CERTAIN INDIVIDUALS AFFECTED BY AN INCIDENT OF NATIONAL SIGNIFICANCE. ``(a) In General.--In the case of an individual, there shall be allowed as a credit against the tax imposed by subtitle A for the taxable year an amount equal to the applicable percentage of the amount paid during such taxable year by the taxpayer for coverage of the taxpayer and family members under the health insurance plan established under chapter 89A of title 5, United States Code. ``(b) Applicable Percentage.-- ``(1) In general.--For purposes of subsection (a), the applicable percentage shall be determined in accordance with the following table: ``In the case of any taxpayer whose The applicable percentage is: family income is the following percentage of the poverty line: Not more than 100 percent............ 100 percent More than 100 percent, but not more 65 percent than 300 percent. More than 300 percent, but not more 40 percent than 500 percent. More than 500 percent, but not more 30 percent than 600 percent. More than 600 percent................ 0 percent. ``(2) Family income.--For purposes of this subsection, the term `family income' means the aggregate adjusted gross income of the taxpayer and the taxpayer's spouse and dependents. ``(3) Poverty line.--For purposes of this subsection, the term `poverty line' means the poverty line as defined in section 673(2) of the Community Services Block Grant Act, for a family of the size involved. ``(c) Special Rules.-- ``(1) Coordination with advance payments of credit.--With respect to any taxable year, the amount which would (but for this paragraph) be allowed as a credit to the taxpayer under subsection (a) shall be reduced (but not below zero) by the aggregate amount paid on behalf of such taxpayer under section 7529 for such taxable year. ``(2) Coordination with other deductions.--Amounts taken into account under subsection (a) shall not be taken into account in determining any deduction allowed under section 162(l) or 213. ``(3) Treatment of payments.--For purposes of this section, payments made by the Secretary on behalf of any individual under section 7529 (relating to advance payment of credit for emergency health insurance costs of certain individuals affected by an incident of national significance) shall be treated as having been made by the taxpayer. ``(4) Regulations.--The Secretary may prescribe such regulations and other guidance as may be necessary or appropriate to carry out this section and section 7529.''. (b) Advance Payment of Credit.--Chapter 77 of the Internal Revenue Code of 1986 (relating to miscellaneous provisions) is amended by adding at the end the following new section: ``SEC. 7529. ADVANCE PAYMENT OF CREDIT FOR EMERGENCY HEALTH INSURANCE COSTS OF CERTAIN INDIVIDUALS AFFECTED BY AN INCIDENT OF NATIONAL SIGNIFICANCE. ``Not later than August 1, 2007, the Secretary shall establish a program for making payments on behalf of individuals described in section 36(a) to the health insurance plan established under chapter 89A of title 5, United States Code.''. (c) Conforming Amendments.-- (1) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting ``or 36'' after ``section 35''. (2) The table of sections for subpart C of part IV of chapter 1 of the Internal Revenue Code of 1986 is amended by redesignating the item relating to section 36 as an item relating to section 37 and by inserting after the item relating to section 35 the following new item: ``Sec. 36. Emergency health insurance costs of certain individuals affected by an incident of national significance.''. (3) The table of sections for chapter 77 of such Code is amended by adding at the end the following new item: ``Sec. 7529. Advance payment of credit for emergency health insurance costs of certain individuals affected by an incident of national significance.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years ending after the date of the enactment of this Act. SEC. 4. PLAN FOR EXTENSION OF FEDERAL EMPLOYEE HEALTH BENEFITS PROGRAM TO CERTAIN INDIVIDUALS AFFECTED BY AN INCIDENT OF NATIONAL SIGNIFICANCE. Not later than 3 months after the date of enactment of this Act and after consultation with appropriate experts, the Secretary of Homeland Security, and other Federal officers, the Director of the Office of Personnel Management shall submit a comprehensive plan to Congress that-- (1) provides for the orderly implementation of the amendments made by this Act; and (2) includes a schedule of actions to be taken to provide for that implementation.

Emergency Coverage During an Incident of National Significance Act of 2006 - Directs the Office of Personnel Management (OPM) to administer a health insurance program for certain individuals affected by an incident of national significance. Requires OPM to contract with three or more carriers to make available five or more federal health benefits plans (subject to the provisions of this Act) to eligible individuals. Allows an income-related tax credit for amounts paid by eligible individuals for coverage under the health insurance plan established by this Act. Directs the Secretary of the Treasury to establish a program for making payments on behalf of certain individuals to such plan. Requires the Secretary of Homeland Security, other federal officers, and the Director of OPM to submit a plan that: (1) provides for the orderly implementation of the amendments made by this Act; and (2) includes a schedule of actions to be taken to provide for that implementation.

To amend title 5, United States Code, to establish a national health program administered by the Office of Personnel Management to offer Federal employee health benefits plans to certain individuals affected by an incident of national significance, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Truth, Transparency, Accountability, and Fairness in Trade Act''. SEC. 2. REPORTING. Section 163(c) of the Trade Act of 1974 (19 U.S.C. 2213(c)) is amended to read as follows: ``(c) ITC Reports.--The United States International Trade Commission and the Secretary of Labor shall submit to the Congress, not later than February 15th of each year, a joint report on the operation of the trade agreements program during the preceding calendar year. The report shall include, with respect to each free trade agreement in effect on December 31st of the preceding calendar year, the following: ``(1)(A) The exports, during the preceding calendar year, from the United States to the other countries that are parties to the free trade agreement, and the imports, during the preceding calendar year, from those other countries to the United States, of goods and services covered by the agreement, by volume, by industry sector, by commodity, and by State, that are attributable to the free trade agreement or a section, chapter, or other portion of such trade agreement. ``(B) A comparison of the export and import data reported under subparagraph (A) for the preceding calendar year, with such data for the lesser of-- ``(i) the period of 4 calendar years ending on the day before the first day of such preceding calendar year; or ``(ii) the number of calendar years, occurring before such preceding calendar year, in which the agreement has been in effect. ``(2) A comparison of the export and import data reported under subparagraphs (A) and (B) with any forecasts made by the United States Trade Representative, before the implementation of the free trade agreement, with respect to such export or import data for the calendar years with respect to which the data is reported. ``(3)(A) The number of applications filed, during the preceding calendar year, for adjustment assistance for workers and firms under title II of this Act, the number of such applications that were approved, and the extent to which adjustment assistance has been provided under such approved applications, as a result of the free trade agreement, nationwide, in each State, and by industry. ``(B) A comparison of the data reported under subparagraph (A) for the preceding calendar year, with such data for the lesser of-- ``(i) the period of 4 calendar years ending on the day before the first day of such preceding calendar year; or ``(ii) the number of calendar years, occurring before such preceding calendar year, in which the agreement has been in effect.''. SEC. 3. TERMINATION OF AGREEMENTS OR PORTIONS THEREOF. Section 125 of the Trade Act of 1974 (19 U.S.C. 2135) is amended by adding at the end the following: ``(g) Termination of Agreements or Portions Thereof.-- ``(1) In general.--A free trade agreement, or a section, chapter, or other portion of such trade agreement in the case of a trade agreement that provides for the termination of sections, chapters, or other portions of the trade agreement in accordance with section 5 of the Truth, Transparency, Accountability, and Fairness in Trade Act, shall cease to be effective with respect to the United States if-- ``(A) annual reports submitted under section 163(c) with respect to the trade agreement show-- ``(i) export disruption, which means declining exports from the United States to, and rising imports into the United States from, a country that is party to the trade agreement-- ``(I) in 3 consecutive calendar years, or ``(II) in 3 calendar years during a consecutive 5-calendar year period, overall or for a specific commodity or industry, as a result of the free trade agreement, or a section, chapter, or other portion of such trade agreement, as determined by the Comptroller General of the United States; ``(ii) labor disruption, which means an increase of 5 percent or more in the number of applications for adjustment assistance for workers and firms under title II of this Act-- ``(I) in each of 3 consecutive calendar years, or ``(II) in each of 3 calendar years during a consecutive 5-calendar year period, as a result of the free trade agreement, or a section, chapter, or other portion of such trade agreement, overall or with respect to a specific good or industry, as determined by the Comptroller General of the United States; or ``(iii) trade balance disruption, which means an increase of 5 percent or more in the trade deficit of the United States in goods with respect to a country that is a party to the free trade agreement-- ``(I) in each of 3 consecutive calendar years, or ``(II) in each of 3 calendar years during a consecutive 5-calendar year period, as a result of the free trade agreement, or a section, chapter, or other portion of such trade agreement, as determined by the Comptroller General of the United States; and ``(B) a termination bill with respect to such free trade agreement or a section, chapter, or other portion of such trade agreement, as the case may be, relating to export disruption, labor disruption, or trade balance disruption described in clause (i), (ii), or (iii) of subparagraph (A), is enacted into law. ``(2) Time lines.--The Comptroller General shall, not later than 30 days after any annual report under section 163(c) is submitted to Congress with respect to a free trade agreement, make and submit to Congress a determination of whether or not export, labor, or trade balance disruption described in paragraph (1) has occurred with respect to that free trade agreement. ``(h) Congressional Termination Authority and Procedures.-- ``(1) Rules of house of representatives and senate.--This section is enacted by the Congress-- ``(A) as an exercise of the rulemaking power of the House of Representatives and the Senate, respectively, and as such they are 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 termination bill described in subsection (i), and they supersede other rules only to the extent that they are inconsistent therewith; and ``(B) with full recognition of the constitutional right of either House to change the rules (so far as relating to 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. ``(2) Introduction and referral.--A termination bill introduced in the House or the Senate with respect to a free trade agreement for which a determination of export disruption, labor disruption, or trade balance disruption has been received under subsection (g)(1) shall be referred by the Presiding Officers of the respective Houses to the appropriate committee, or in the case of a bill containing provisions within the jurisdictions of two or more committees, jointly to such committees for consideration of those provisions within their jurisdiction. ``(3) Amendments prohibited.--No amendment to a termination bill shall be in order in either the House of Representatives or the Senate; and 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. ``(4) Period for committee and floor consideration.-- ``(A) Except as provided in paragraph (2), if the committee or committees of either House to which a termination bill has been referred have not reported it at the close of the 45th day after its introduction, such committee or committees shall be automatically discharged from further consideration of the termination bill and it shall be placed on the appropriate calendar. A vote on final passage of the termination bill shall be taken in each House on or before the close of the 15th day after the termination bill is reported by the committee or committees of that House to which it was referred, or after such committee or committees have been discharged from further consideration of the termination bill. If prior to the passage by one House of a termination bill of that House, that House receives the same termination bill from the other House, then-- ``(i) the procedure in that House shall be the same as if no termination bill had been received from the other House; but ``(ii) the vote on final passage shall be on the termination bill of the other House. ``(B) For purposes of subparagraph (A), in computing a number of days in either House, there shall be excluded any day on which that House is not in session. ``(5) Floor consideration in the house of representatives.-- ``(A) A motion in the House of Representatives to proceed to the consideration of a termination bill 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 termination bill be limited to not more than 20 hours, which shall be divided equally between those favoring and those opposing the termination bill. A motion to further limit debate shall not be debatable. It shall not be in order to move to recommit a termination bill or to move to reconsider the vote by which a termination bill is agreed to or disagreed to. ``(C) Motions to postpone, made in the House of Representatives with respect to the consideration of a termination bill, and motions to proceed to the consideration of other business, shall be decided without debate. ``(D) 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 termination bill shall be decided without debate. ``(E) Except to the extent specifically provided in the preceding provisions of this subsection, consideration of a termination bill shall be governed by the Rules of the House of Representatives applicable to other bills and resolutions in similar circumstances. ``(6) Floor consideration in the senate.-- ``(A) A motion in the Senate to proceed to the consideration of a termination bill shall be privileged and not debatable. An amendment to the motion shall not 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 termination bill, and all debatable motions and appeals in connection therewith, shall be limited to not more than 20 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 termination bill shall be limited to not more than 1 hour, to be equally divided between, and controlled by, the mover and the manager of the bill, except that in the event the manager of the bill is in favor of any such motion or appeal, the time in opposition thereto shall be controlled by the minority leader or his or her designee. Such leaders, or either of them, may, from time under their control on the passage of a termination bill 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 is not debatable. A motion to recommit a termination bill is not in order. ``(E) Consideration in the Senate of any veto message with respect to a termination bill, including consideration of all debatable motions and appeals in connection therewith, shall be limited to 10 hours, to be equally divided between, and controlled by, the majority leader and the minority leader or their designee. ``(i) Definition.--For purposes of this section, the term `termination bill' means only a bill of either House of Congress that is introduced under subsection (h) with respect to a free trade agreement, or a section, chapter, or other portion of such trade agreement, with respect to which a determination by the Comptroller General of export disruption, labor disruption, or trade balance disruption has been received under subsection (g)(1) and that contains-- ``(1) a provision terminating, within 6 months after the date of the enactment of the bill, such free trade agreement, or section, chapter, or other portion of such trade agreement, with respect to specific goods or industries, to the extent that the determination of the Comptroller General applies only to such goods or industries; and ``(2) if changes in existing laws or new statutory authorities are required to cancel such free trade agreement or section, chapter, or other portion of such trade agreement, and with respect to such goods or industries, provisions necessary or appropriate to terminate such free trade agreement or section, chapter, or other portion of such trade agreement, by repealing or amending existing laws or providing new statutory authority. ``(j) Future Negotiations.--If a termination bill with respect to a free trade agreement, or a section, chapter, or other portion of such trade agreement, is enacted into law, then trade authorities procedures, or any other form of expedited consideration by either House of Congress, shall not apply to a free trade agreement, or section, chapter, or other portion of such trade agreement, that is renegotiated in substantially the same form as the free trade agreement, or section, chapter, or other portion of such trade agreement, that led to the determination of export disruption, labor disruption, or trade balance disruption under subsection (g)(1) with respect to which the termination bill was enacted.''. SEC. 4. RETALIATORY ACTIONS. Section 301(a)(1) of the Trade Act of 1974 (19 U.S.C. 2411(a)(1)) is amended-- (1) in subparagraph (A), by striking ``or'' after the semicolon; (2) in subparagraph (B)(ii), by adding ``or'' after the semicolon; and (3) by inserting after subparagraph (B) the following: ``(C) a country that is a party to a free trade agreement with respect to which a termination bill under section 125(g) has been enacted into law has implemented a tariff or nontariff barrier by reason of such termination bill;''. SEC. 5. SEVERABILITY REQUIREMENT. The United States Trade Representative shall ensure that any free trade agreement entered into on or after the date of the enactment of this Act is negotiated in a form that provides for the termination with respect to the United States of specific sections, chapters, or other portions of the agreement.

Truth, Transparency, Accountability, and Fairness in Trade Act This bill amends the Trade Act of 1974 to require the Department of Labor to make a joint annual report to Congress with the U.S. International Trade Commission on the operation of the trade agreements program during the preceding calendar year, including specified information about each free trade agreement in effect. Any free trade agreement or portion of it that provides for the termination of portions shall cease to be effective with respect to the United States if annual reports on it show as a result of the agreement or a portion of it any: export disruption (declining U.S. exports to, and rising U.S. imports from, a country party to the agreement), either overall or for a specific commodity or industry, in three consecutive calendar years or in three calendar years during a consecutive five-calendar year period; labor disruption (an increase of 5% or more in the number of applications for adjustment assistance for workers and firms), either overall or with respect to a specific good or industry, in each of three consecutive calendar years or in each of three calendar years during a consecutive five-calendar year period; or trade balance disruption (an increase of 5% or more in the U.S. trade deficit in goods with respect to a country party to the agreement) in each of three consecutive calendar years or in each of three calendar years during a consecutive five-calendar year period. A termination bill, relating to such circumstances, must be enacted into law to effect a termination of the free trade agreement or a portion of it. Fast track procedures are prescribed for congressional consideration of a termination bill. The United States Trade Representative shall: take specified enforcement actions against any country party to a free trade agreement if it has implemented a tariff or nontariff barrier by reason of enactment into law of a bill terminating the agreement in whole or in part, and ensure that any free trade agreement entered into on or after enactment of this Act is negotiated in a form that provides for the termination with respect to the United States of specific portions of it.

Truth, Transparency, Accountability, and Fairness in Trade Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Domestic Chemical Diversion Control Act of 1993''. SEC. 2. DEFINITION AMENDMENTS. (a) Definitions.--Section 102 of the Controlled Substances Act (21 U.S.C. 802) is amended-- (1) in paragraph (33), by striking ``any listed precursor chemical or listed essential chemical'' and inserting ``any list I chemical or any list II chemical''; (2) in paragraph (34)-- (A) by striking ``listed precursor chemical'' and inserting ``list I chemical''; and (B) by striking ``critical to the creation'' and inserting ``important to the manufacture''; (3) in paragraph (34)(A), (F), and (H), by inserting ``, its esters,'' before ``and''; (4) in paragraph (35)-- (A) by striking ``listed essential chemical'' and inserting ``list II chemical''; (B) by inserting ``(other than a list I chemical)'' before ``specified''; and (C) by striking ``as a solvent, reagent, or catalyst''; and (5) in paragraph (38), by inserting ``or who acts as a broker or trader for an international transaction involving a listed chemical, a tableting machine, or an encapsulating machine'' before the period; (6) in paragraph (39)(A)-- (A) by striking ``importation or exportation of'' and inserting ``importation, or exportation of, or an international transaction involving shipment of,''; (B) in clause (iii) by inserting ``or any category of transaction for a specific listed chemical or chemicals'' after ``transaction''; (C) by amending clause (iv) to read as follows: ``(iv) any transaction in a listed chemical that is contained in a drug that may be marketed or distributed lawfully in the United States under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) unless-- ``(I)(aa) the drug contains ephedrine or its salts, optical isomers, or salts of optical isomers as the only active medicinal ingredient or contains ephedrine or its salts, optical isomers, or salts of optical isomers and therapeutically insignificant quantities of another active medicinal ingredient; or ``(bb) the Attorney General has determined under section 204 that the drug or group of drugs is being diverted to obtain the listed chemical for use in the illicit production of a controlled substance; and ``(II) the quantity of ephedrine or other listed chemical contained in the drug included in the transaction or multiple transactions equals or exceeds the threshold established for that chemical by the Attorney General.''; and (D) in clause (v), by striking the semicolon and inserting ``which the Attorney General has by regulation designated as exempt from the application of this title and title II based on a finding that the mixture is formulated in such a way that it cannot be easily used in the illicit production of a controlled substance and that the listed chemical or chemicals contained in the mixture cannot be readily recovered;''; (7) in paragraph (40), by striking ``listed precursor chemical or a listed essential chemical'' each place it appears and inserting ``list I chemical or a list II chemical''; and (8) by adding at the end the following new paragraphs: ``(42) The term `international transaction' means a transaction involving the shipment of a listed chemical across an international border (other than a United States border) in which a broker or trader located in the United States participates. ``(43) The terms `broker' and `trader' mean a person that assists in arranging an international transaction in a listed chemical by-- ``(A) negotiating contracts; ``(B) serving as an agent or intermediary; or ``(C) bringing together a buyer and seller, a buyer and transporter, or a seller and transporter.''. (b) Removal of Exemption of Certain Drugs.-- (1) Procedure.--Part B of the Controlled Substances Act (21 U.S.C. 811 et seq.) is amended by adding at the end the following new section: ``removal of exemption of certain drugs ``Sec. 204. (a) Removal of Exemption.--The Attorney General shall by regulation remove from exemption under section 102(39)(A)(iv) a drug or group of drugs that the Attorney General finds is being diverted to obtain a listed chemical for use in the illicit production of a controlled substance. ``(b) Factors To Be Considered.--In removing a drug or group of drugs from exemption under subsection (a), the Attorney General shall consider, with respect to a drug or group of drugs that is proposed to be removed from exemption-- ``(1) the scope, duration, and significance of the diversion; ``(2) whether the drug or group of drugs is formulated in such a way that it cannot be easily used in the illicit production of a controlled substance; and ``(3) whether the listed chemical can be readily recovered from the drug or group of drugs. ``(c) Specificity of Designation.--The Attorney General shall limit the designation of a drug or a group of drugs removed from exemption under subsection (a) to the most particularly identifiable type of drug or group of drugs for which evidence of diversion exists unless there is evidence, based on the pattern of diversion and other relevant factors, that the diversion will not be limited to that particular drug or group of drugs. ``(d) Reinstatement of Exemption With Respect to Particular Drug Products.-- ``(1) Reinstatement.--On application by a manufacturer of a particular drug product that has been removed from exemption under subsection (a), the Attorney General shall by regulation reinstate the exemption with respect to that particular drug product if the Attorney General determines that the particular drug product is manufactured and distributed in a manner that prevents diversion. ``(2) Factors to be considered.--In deciding whether to reinstate the exemption with respect to a particular drug product under paragraph (1), the Attorney General shall consider-- ``(A) the package sizes and manner of packaging of the drug product; ``(B) the manner of distribution and advertising of the drug product; ``(C) evidence of diversion of the drug product; ``(D) any actions taken by the manufacturer to prevent diversion of the drug product; and ``(E) such other factors as are relevant to and consistent with the public health and safety, including the factors described in subsection (b) as applied to the drug product. ``(3) Status pending application for reinstatement.--A transaction involving a particular drug product that is the subject of a bona fide pending application for reinstatement of exemption filed with the Attorney General not later than 60 days after a regulation removing the exemption is issued pursuant to subsection (a) shall not be considered to be a regulated transaction if the transaction occurs during the pendency of the application and, if the Attorney General denies the application, during the period of 60 days following the date on which the Attorney General denies the application, unless-- ``(A) the Attorney General has evidence that, applying the factors described in subsection (b) to the drug product, the drug product is being diverted; and ``(B) the Attorney General so notifies the applicant. ``(4) Amendment and modification.--A regulation reinstating an exemption under paragraph (1) may be modified or revoked with respect to a particular drug product upon a finding that-- ``(A) applying the factors described in subsection (b) to the drug product, the drug product is being diverted; or ``(B) there is a significant change in the data that led to the issuance of the regulation.''. (2) Clerical amendment.--The table of contents of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (84 Stat. 1236) is amended by adding at the end of that portion relating to part B of title II the following new item: ``Sec. 204. Removal of exemption of certain drugs.''. (c) Regulation of Listed Chemicals.--Section 310 of the Controlled Substances Act (21 U.S.C. 830) is amended-- (1) in subsection (a)(1)-- (A) by striking ``precursor chemical'' and inserting ``list I chemical''; and (B) in subparagraph (B), by striking ``an essential chemical'' and inserting ``a list II chemical''; and (2) in subsection (c)(2)(D), by striking ``precursor chemical'' and inserting ``chemical control''. SEC. 3. REGISTRATION REQUIREMENTS. (a) Rules and Regulations.--Section 301 of the Controlled Substances Act (21 U.S.C. 821) is amended by striking the period and inserting ``and to the registration and control of regulated persons and of regulated transactions.''. (b) Persons Required To Register Under Section 302.--Section 302 of the Controlled Substances Act (21 U.S.C. 822) is amended-- (1) in subsection (a)(1), by inserting ``or list I chemical'' after ``controlled substance'' each place it appears; (2) in subsection (b)-- (A) by inserting ``or list I chemicals'' after ``controlled substances''; and (B) by inserting ``or chemicals'' after ``such substances''; (3) in subsection (c), by inserting ``or list I chemical'' after ``controlled substance'' each place it appears; and (4) in subsection (e), by inserting ``or list I chemicals'' after ``controlled substances''. (c) Registration Requirements Under Section 303.--Section 303 of the Controlled Substances Act (21 U.S.C. 823) is amended by adding at the end the following new subsection: ``(h) The Attorney General shall register an applicant to distribute a list I chemical unless the Attorney General determines that registration of the applicant is inconsistent with the public interest. Registration under this subsection shall not be required for the distribution of a drug product that is exempted under section 102(39)(A)(iv). In determining the public interest for the purposes of this subsection, the Attorney General shall consider-- ``(1) maintenance by the applicant of effective controls against diversion of listed chemicals into other than legitimate channels; ``(2) compliance by the applicant with applicable Federal, State, and local law; ``(3) any prior conviction record of the applicant under Federal or State laws relating to controlled substances or to chemicals controlled under Federal or State law; ``(4) any past experience of the applicant in the manufacture and distribution of chemicals; and ``(5) such other factors as are relevant to and consistent with the public health and safety.''. (d) Denial, Revocation, or Suspension of Registration.--Section 304 of the Controlled Substances Act (21 U.S.C. 824) is amended-- (1) in subsection (a)-- (A) by inserting ``or a list I chemical'' after ``controlled substance'' each place it appears; and (B) by inserting ``or list I chemicals'' after ``controlled substances''; (2) in subsection (b), by inserting ``or list I chemical'' after ``controlled substance''; (3) in subsection (f), by inserting ``or list I chemicals'' after ``controlled substances'' each place it appears; and (4) in subsection (g)-- (A) by inserting ``or list I chemicals'' after ``controlled substances'' each place it appears; and (B) by inserting ``or list I chemical'' after ``controlled substance'' each place it appears. (e) Persons Required To Register Under Section 1007.--Section 1007 of the Controlled Substances Import and Export Act (21 U.S.C. 957) is amended-- (1) in subsection (a)-- (A) in paragraph (1), by inserting ``or list I chemical'' after ``controlled substance''; and (B) in paragraph (2), by striking ``in schedule I, II, III, IV, or V,'' and inserting ``or list I chemical,''; and (2) in subsection (b)-- (A) in paragraph (1), by inserting ``or list I chemical'' after ``controlled substance'' each place it appears; and (B) in paragraph (2), by inserting ``or list I chemicals'' after ``controlled substances''. (f) Registration Requirements Under Section 1008.--Section 1008 of the Controlled Substances Import and Export Act (21 U.S.C. 958) is amended-- (1) in subsection (c)-- (A) by inserting ``(1)'' after ``(c)''; and (B) by adding at the end the following new paragraph: ``(2)(A) The Attorney General shall register an applicant to import or export a list I chemical unless the Attorney General determines that registration of the applicant is inconsistent with the public interest. Registration under this subsection shall not be required for the import or export of a drug product that is exempted under section 102(39)(A)(iv). ``(B) In determining the public interest for the purposes of subparagraph (A), the Attorney General shall consider the factors specified in section 303(h).''; (2) in subsection (d)-- (A) in paragraph (3), by inserting ``or list I chemical or chemicals,'' after ``substances,''; and (B) in paragraph (6), by inserting ``or list I chemicals'' after ``controlled substances'' each place it appears; (3) in subsection (e), by striking ``and 307'' and inserting ``307, and 310''; and (4) in subsections (f), (g), and (h), by inserting ``or list I chemicals'' after ``controlled substances'' each place it appears. (g) Prohibited Acts C.--Section 403(a) of the Controlled Substances Act (21 U.S.C. 843(a)) is amended-- (1) by amending paragraphs (6) and (7) to read as follows: ``(6) to possess any three-neck round-bottom flask, tableting machine, encapsulating machine, or gelatin capsule, or any equipment, chemical, product, or material which may be used to manufacture a controlled substance or listed chemical, knowing, intending, or having reasonable cause to believe, that it will be used to manufacture a controlled substance or listed chemical in violation of this title or title II; ``(7) to manufacture, distribute, export, or import any three-neck round-bottom flask, tableting machine, encapsulating machine, or gelatin capsule, or any equipment, chemical, product, or material which may be used to manufacture a controlled substance or listed chemical, knowing, intending, or having reasonable cause to believe, that it will be used to manufacture a controlled substance or listed chemical in violation of this title or title II or, in the case of an exportation, in violation of this title or title II or of the laws of the country to which it is exported;''; (2) by striking the period at the end of paragraph (8) and inserting ``; or''; and (3) by adding at the end the following new paragraph: ``(9) if the person is a regulated person, to distribute, import, or export a list I chemical without the registration required by this Act.''. SEC. 4. ANTI-SMUGGLING PROVISION. Section 1010(d) of the Controlled Substances Import and Export Act (21 U.S.C. 960(d)) is amended-- (1) by striking ``or'' at the end of paragraph (1); and (2) by adding at the end the following new paragraph: ``(3) imports or exports a listed chemical in violation of section 1007 or 1018,''. SEC. 5. ADMINISTRATIVE INSPECTIONS AND AUTHORITY. Section 510 of the Controlled Substances Act (21 U.S.C. 880) is amended-- (1) by amending subsection (a)(2) to read as follows: ``(2) places, including factories, warehouses, and other establishments, and conveyances, where persons registered under section 303 (or exempt from registration under section 302(d) or by regulation of the Attorney General) or regulated persons may lawfully hold, manufacture, distribute, dispense, administer, or otherwise dispose of controlled substances or listed chemicals or where records relating to those activities are maintained.''; and (2) in subsection (b)(3)-- (A) in subparagraph (B), by inserting ``, listed chemicals,'' after ``unfinished drugs''; and (B) in subparagraph (C), by inserting ``or listed chemical'' after ``controlled substance'' and inserting ``or chemical'' after ``such substance''. SEC. 6. FORFEITURE EXPANSION. Section 511(a)(6) of the Controlled Substances Act (21 U.S.C. 881(a)(6)) is amended by inserting ``or listed chemical'' after ``controlled substance''. SEC. 7. THRESHOLD AMOUNTS. Section 102(39)(A) of the Controlled Substances Act (21 U.S.C. 802(39)(A)), as amended by section 2, is amended by inserting ``a listed chemical, or if the Attorney General establishes a threshold amount for a specific listed chemical,'' before ``a threshold amount, including a cumulative threshold amount for multiple transactions''. SEC. 8. EFFECTIVE DATE. This Act and the amendments made by this Act shall take effect on the date that is 120 days after the date of enactment of this Act. S 1663 IS----2 S 1663 IS----3

Domestic Chemical Diversion Control Act of 1993 - Amends the Controlled Substances Act to remove ephedrine products from the legal drug exemption of the Chemical Diversion and Trafficking Act (which currently precludes the application of any of the regulatory control measures of such Act to a listed chemical which is contained in a drug product approved under the Federal Food, Drug, and Cosmetic Act). Directs the Attorney General to remove from exemption any other drug products which are being diverted to use in the illicit production of controlled substances. Establishes a registration system for distributors, importers, and exporters of listed chemicals which are diverted within the United States. Directs the Attorney General to register an applicant to distribute, and to import or export, a list I (currently, listed precursor) chemical unless the Attorney General determines that registration of the applicant is inconsistent with the public interest, based on specified criteria. Amends the Controlled Substances Import and Export Act to set penalties for knowingly or intentionally importing or exporting a listed chemical in violation of such registration requirements. Makes provisions of the Controlled Substances Act regarding administrative inspections and authority, forfeiture, and threshold amounts of substances applicable to listed chemicals, as well as to controlled substances. (Currently only the latter are covered by such provisions.)

Domestic Chemical Diversion Control Act of 1993

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Gasoline Consumer Anti-price-gouging Protection Act''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Protection of consumers against price gouging. Sec. 3. Justifiable price increases. Sec. 4. Emergency proclamations and orders. Sec. 5. Enforcement by Federal Trade Commission. Sec. 6. Penalties. Sec. 7. Definitions. Sec. 8. Effective date. SEC. 2. PROTECTION OF CONSUMERS AGAINST PRICE GOUGING. It is unlawful for any supplier to increase the price at which that supplier sells, or offers to sell, gasoline or petroleum distillates in, or for use in-- (1) an area covered by a Presidential proclamation issued under section 4(a)(1) by an unconscionable amount during the period beginning on the date the proclamation is issued and ending on the date specified in the proclamation; or (2) an area covered by a Federal Trade Commission emergency order issued under section 4(a)(2) by an unconscionable amount during the period beginning on the date the order is issued and ending on the date specified in the order. SEC. 3. JUSTIFIABLE PRICE INCREASES. (a) In General.--The prohibition in section 2 does not apply to the extent that the increase in the price of the gasoline or petroleum distillate is substantially attributable to-- (1) an increase in the wholesale cost of gasoline and petroleum distillates to a retail seller or reseller; (2) an increase in the replacement costs for gasoline or petroleum distillate sold; (3) an increase in operational costs; or (4) local, regional, national, or international market conditions. (b) Other Mitigating Factors.--In determining whether a violation of section 2 has occurred, there also shall be taken into account, among other factors, the price that would reasonably equate supply and demand in a competitive and freely functioning market and whether the price at which the gasoline or petroleum distillate was sold reasonably reflects additional costs or risks, not within the control of the seller, that were paid or incurred by the seller. SEC. 4. EMERGENCY PROCLAMATIONS AND ORDERS. (a) In General.-- (1) Presidential emergency proclamations.--The President may issue an emergency proclamation when an abnormal market disruption has occurred or is reasonably expected to occur. (2) FTC emergency orders.--In the absence of a Presidential proclamation under paragraph (1), the Federal Trade Commission, by majority vote, may-- (A) determine that an abnormal market disruption affecting more than 1 State has occurred or is reasonably expected to occur; and (B) issue an emergency order if it makes such a determination. (b) Scope and Duration.-- (1) In general.--The emergency proclamation or order-- (A) shall specify with particularity-- (i) the period for which the proclamation or order applies; and (ii) the event, circumstance, or condition that is the reason such a proclamation or order is determined to be necessary; and (B) may specify the area or region to which it applies, which, for the 48 contiguous States, may not be limited to a single State. (2) Limitations.--An emergency proclamation or an order under subsection (a)-- (A) may not apply for a period of more than 30 consecutive days (renewable for a consecutive period of not more than 30 days); and (B) may apply to a period of not more than 7 days preceding the occurrence of an event, circumstance, or condition that is the reason such a proclamation or order is necessary. SEC. 5. ENFORCEMENT BY FEDERAL TRADE COMMISSION. (a) Violation Is Unfair or Deceptive Act or Practice.--Section 2 of this Act shall be enforced by the Federal Trade Commission as if the violation of section 2 were an unfair or deceptive act or practice proscribed under a rule issued under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). (b) Actions by the Commission.--The Commission shall prevent any supplier from violating this Act in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this Act. Any entity that violates any provision of this Act is subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act in the same manner, by the same means, and with the same jurisdiction, power, and duties as though all applicable terms and provisions of the Federal Trade Commission Act were incorporated into and made a part of this Act. (c) Regulations.--Not later than 180 days after the date of enactment of this Act, the Federal Trade Commission shall prescribe such regulations as may be necessary or appropriate to implement this Act. SEC. 6. PENALTIES. (a) Civil Penalty.-- (1) In general.--In addition to any penalty applicable under the Federal Trade Commission Act any supplier who violates this Act is punishable by a civil penalty of-- (A) not more than $500,000, in the case of an independent small business marketer of gasoline (within the meaning of section 324(c) of the Clean Air Act (42 U.S.C. 7625(c)); and (B) not more than $5,000,000 in the case of any other supplier. (2) Method of assessment.--The penalty provided by paragraph (1) shall be assessed in the same manner as civil penalties imposed under section 5 of the Federal Trade Commission Act (15 U.S.C. 45). (3) Multiple offenses; mitigating factors.--In assessing the penalty provided by subsection (a)-- (A) each day of a continuing violation shall be considered a separate violation; and (B) the Commission shall take into consideration the seriousness of the violation and the efforts of the supplier committing the violation to remedy the harm caused by the violation in a timely manner. (b) Criminal Penalty.-- (1) In general.--In addition to any penalty applicable under the Federal Trade Commission Act, the violation of this Act is punishable by a fine of not more than $1,000,000, imprisonment for not more than 2 years, or both. (2) Enforcement.--The criminal penalty provided by paragraph (1) may be imposed only pursuant to a criminal action brought by the Attorney General or other officer of the Department of Justice, or any attorney specially appointed by the Attorney General of the United States, in accordance with section 515 of title 28, United States Code. SEC. 7. DEFINITIONS. In this Act: (1) Abnormal market disruption.--The term ``abnormal market disruption'' means there is a reasonable likelihood that, in the absence of a proclamation under section 4(a), there will be an increase in the average price of gasoline or petroleum distillates as a result of a change in the market, whether actual or imminently threatened, resulting from extreme weather, a natural disaster, strike, civil disorder, war, military action, a national or local emergency, or other similar cause, that adversely affects the availability or delivery gasoline or petroleum distillates. (2) Supplier.--The term ``supplier'' means any person engaged in the trade or business of selling, reselling, at retail or wholesale, or distributing gasoline or petroleum distillates. (3) Unconscionable amount.--The term ``unconscionable amount'' means, with respect to any supplier to whom section 2 applies, a significant increase in the price at which gasoline or petroleum distillates are sold or offered for sale by that supplier that increases the price, for the same grade of gasoline or petroleum distillate, to an amount that-- (A) substantially exceeds the average price at which gasoline or petroleum distillates were sold or offered for sale by that supplier during the 30-day period immediately preceding the sale or offer; (B) substantially exceeds the average price at which gasoline or petroleum distillates were sold or offered for sale by that person's competitors during the period for which the emergency proclamation applies; and (C) cannot be justified by taking into account the factors described in section 3. SEC. 8. EFFECTIVE DATE. This Act shall take effect on the date on which a final rule issued by the Federal Trade Commission under section 5(c) is published in the Federal Register.

Gasoline Consumer Anti-price-gouging Protection Act - Makes it unlawful for any supplier to increase the price for gasoline or petroleum distillates in an area covered by: (1) an emergency proclamation issued by the President that an abnormal market has or is expected to occur; or (2) a Federal Trade Commission (FTC) emergency order that an abnormal market disruption affecting more than one state has or is expected to occur. Makes such prohibition inapplicable to justifiable increases. Authorizes the President or FTC to issue such proclamations or orders. Provides: (1) prohibition enforcement through the FTC; and (2) civil and criminal penalties for violations.

A bill to protect the welfare of consumers by prohibiting price gouging by merchants with respect to gasoline or petroleum distillates during certain abnormal market disruptions.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medical Device Cybersecurity Act of 2017''. SEC. 2. CYBERSECURITY FOR MEDICAL DEVICES. (a) In General.--Chapter V of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 351 et seq.) is amended by inserting after section 520 (21 U.S.C. 360j) the following-- ``SEC. 520A. CYBERSECURITY FOR DEVICES. ``(a) Definitions.--In this section: ``(1) Cyber device.--The term `cyber device' means any device that has network or Internet connectivity (such as near field communication (NFC), Bluetooth, or WiFi), connects to an external storage device or external media (such as a universal serial bus (USB) or a compact disk), or has any other cyber capability. ``(2) Cybersecurity fix or update.--The term `cybersecurity fix or update' means any modification to a cyber device that addresses a software, firmware, or hardware error or known vulnerability, or a security update, and does not change the therapeutic or diagnostic function of the device. ``(b) Transparency of Risk Prior to Marketing.-- ``(1) Report card.-- ``(A) In general.--The Secretary, in coordination with the entities described in subparagraph (B), shall develop a report card for indicating the cybersecurity functions of cyber devices. The report card shall contain the contents described in paragraph (2) and be disclosed in accordance with paragraph (3). ``(B) Coordination.--The entities described in this subparagraph are the following: ``(i) The National Institute of Standards and Technology. ``(ii) The Secretary of Homeland Security. ``(iii) The National Coordination Office supporting the Networking and Information Technology Research and Development Program. ``(iv) The Federal Trade Commission. ``(v) Any other relevant agency, or cybersecurity or medical device industry group, as determined by the Secretary. ``(2) Contents of report card.--Each report card shall contain each of the following: ``(A) Information pertaining to all essential elements described in the most recent version of the Manufacturer Disclosure Statement for Medical Device Security, as set forth by the Healthcare Information and Management Systems Society and the National Electrical Manufacturers Association. ``(B) A traceability matrix, accepted by the Secretary, that-- ``(i) redacts content that is confidential, as determined by the Secretary; and ``(ii) establishes design components and traces such components to design compensating controls. ``(C) A description of any manufacturer compensating controls that-- ``(i) effectively address known common vulnerabilities and exposures; and ``(ii) provide providers with industry standard compensating controls for improving cybersecurity. ``(D) A description of-- ``(i) any cybersecurity evaluation conducted on the device, including any testing, validation, or verification of the device; ``(ii) who conducted such evaluation; and ``(iii) the results of such evaluation. ``(E) A cybersecurity risk assessment conducted by the manufacturer, or a third party, explaining the risk of the device to patient safety and clinical hazards. ``(F) An indication of whether the device is capable of being remotely accessed. If the device is capable of being remotely accessed, an indication of any security measures and access protocols the device has in place to secure such access. ``(3) Disclosure of report card.-- ``(A) Clearance or approval.--The manufacturer of any cyber device shall include the report card in any notification to the Secretary under section 510(k) or any application for premarket approval under section 515(c), as applicable. ``(B) Public accessibility.-- ``(i) In general.--The Secretary shall provide a copy of the report card to any entity described in clause (ii) that submits a request for such copy to the Secretary. ``(ii) Entities permitted access.--An entity described in this clause is-- ``(I) any health care industry entity, consisting of any provider, device manufacturer, the Federal Government, health care information security researchers, and health care academia; and ``(II) any entity determined by the Secretary to have a valid interest in the report card. ``(C) Updated report card.--For as long as the cyber device receives technical support from the manufacturer or any other third party authorized by the manufacturer, the manufacturer shall submit to the Secretary an annual update to the report card. ``(c) Protecting Remote Access to Managed Solutions.-- ``(1) In general.--A manufacturer of a cyber device shall: ``(A) In order to remotely access such device after selling, or otherwise transferring ownership of, the device, obtain consent for such access from the provider owning or operating the device and from any patient on which the device is used. Such consent may be in the form of an agreement entered into between the provider and the manufacturer at the time the device is sold to the provider, and may be for the manufacturer to remotely access the device at times specified in such agreement or by an agreement between the manufacturer and provider entered into thereafter. In the case of an agreement described in the previous sentence, consent of the patient may be obtained through the provider notifying the patient of such agreement. ``(B) For any cyber device that the manufacturer may remotely access in accordance with subparagraph (A): ``(i) Notify the provider when the manufacturer accesses the device remotely, including the name of the person with such access, the kinds of tasks that can be performed through such access, and the software used to access the device. Such notification can be in the form of an audit log described in clause (ii) if the audit log is readily available to the provider. ``(ii) Maintain an audit log for each time the manufacturer accesses the device remotely and make such log accessible to the provider. ``(C) Except as provided in paragraph (2), for any cyber device that has the capability to be accessed remotely by the manufacturer or any other entity: ``(i) Implement multi-factor authentication for accessing any cyber capability of the device. ``(ii) Secure data in motion and data at rest with data encryption, and other best practices, approved by the National Institute of Standards and Technology. ``(iii) Install automated tools to track access, or identify attempts at unauthorized access, to any cyber capability of the device. ``(iv) Adopt whitelisting approaches and changeable passwords for accessing any cyber capability of the device. ``(v) Comply with the remote access provisions recommended by the National Institute of Standards and Technology, in the document entitled `Security for Telecommuting and Broadband Communications (NIST Special Publication 800-46)', published in August 2002. ``(2) Exceptions.--A manufacturer may submit a petition to the Secretary to exempt a cyber device from any requirement under paragraph (1)(C). The Secretary may grant such an exemption if it determines that the manufacturer can prove the exemption would pose not more than a minimal risk to patient health, minimal risk to privacy, and minimal risk of a cyber vulnerability. ``(d) Cybersecurity Fixes or Updates.-- ``(1) Re-clearance or reapproval.--Unless at the request of the Secretary due to a unique and extenuating circumstance, any cybersecurity fix or update shall not require a new notification under section 510(k) or application for premarket approval under section 515(c). ``(2) Free cybersecurity fixes or updates.--A manufacturer of a cyber device shall provide any cybersecurity fix or update to the device free of charge until-- ``(A) the date on which any agreement to provide such fixes or updates, entered into between the manufacturer (or a third party authorized by the manufacturer) and a provider, expires; or ``(B) if no agreement described in subparagraph (A) is in effect, the date that is 10 years after the date on which the manufacturer discontinues marketing the device. ``(e) End-of-Life Device.--Not later than 90 days after a manufacturer declares that it will no longer sell a cyber device, the manufacturer of such device shall-- ``(1) shall provide any provider owning or operating the device with the report card, as most recently updated under subsection (b)(3)(C); ``(2) to the extent practicable, inform any provider owning or operating the device that the manufacturer will no longer be manufacturing such device; ``(3) provide notice to any provider owning or operating the device of the date on which the last cybersecurity fix or update will be provided by the manufacturer; ``(4) notify the Secretary of such declaration; and ``(5) provide any provider owning or operating the device with the following information related to the device: ``(A) Compensating controls on how to securely configure the cyber device if the device stays in operation past the date on which the manufacturer stops providing cybsecurity fixes or updates under subsection (d)(2). ``(B) Documentation on secure preparation for recycling and disposal of the device. ``(C) Specific guidance regarding supporting infrastructure architecture, including network segmentation and device isolation requirements. ``(D) Instructions on how to delete any personally identifiable information, protected health information, or other site-specific sensitive data such as configuration files. ``(f) Applicability.--This section shall not apply with respect to any cyber device for which, prior to the enactment of the Medical Device Cybersecurity Act of 2017, a notification was submitted under section 510(k), or for which an application for premarket approval was submitted under section 515(c).''. (b) Enforcement.--Section 301 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 331) is amended by adding at the end the following: ``(eee) The failure to comply with subsection (b), (c), (d), or (e) of section 520A.''. (c) Expansion of ICS-CERT Responsibilities.-- (1) Definitions.--In this subsection: (A) Cyber device.--The term ``cyber device'' has the meaning given the term in section 520A of the Federal Food, Drug, and Cosmetic Act, as added by subsection (a). (B) ICS-CERT.--The term ``ICS-CERT'' means the Industrial Control Systems Cyber Emergency Response Team of the National Cybersecurity and Communications Integration Center established under section 227 of the Homeland Security Act of 2002 (6 U.S.C. 148). (C) Under secretary.--The term ``Under Secretary'' means the Under Secretary appointed under section 103(a)(1)(H) of the Homeland Security Act of 2002 (6 U.S.C. 113(a)(1)(H)). (2) Expansion.--Not later than 180 days after the date of enactment of this Act, the Under Secretary shall expand the duties and mission of ICS-CERT to include-- (A) investigating cybersecurity vulnerabilities of cyber devices that may cause harm to human life or significant misuse of personal health information, as determined necessary by ICS-CERT or at the request of the Under Secretary; and (B) coordinating device-specific responses to cybersecurity incidents and vulnerabilities with respect to cyber devices. (3) Consultation.--In carrying out paragraph (2), the Under Secretary shall consult with relevant agencies within the Food and Drug Administration, the Department of Health and Human Services, the National Institute of Standards and Technology, the National Coordination Office for Networking and Information Technology Research and Development, the Federal Trade Commission, and experts in the cybersecurity and medical device industries. (4) Coordinated disclosure.--Not later than 6 months after the date of enactment of this Act, the Secretary of Homeland Security shall issue rules relating to the coordinated disclosure of controlled and uncontrolled cybersecurity vulnerabilities of cyber devices, which shall-- (A) outline the roles and responsibilities of ICS- CERT and manufacturers and providers of cyber devices; (B) provide timelines for all required actions; and (C) provide for the enforcement of cooperation between ICS-CERT and manufacturers and providers of cyber devices. (5) Report.--Not later than 1 year after the date of enactment of this Act, the Under Secretary shall submit to Congress a report detailing the expanded duties and mission of ICS-CERT under paragraph (2).

Medical Device Cybersecurity Act of 2017 This bill amends the Federal Food, Drug, and Cosmetic Act to require the Food and Drug Administration (FDA), in coordination with others, to create a cybersecurity report card for devices that have network or Internet connectivity, connect to an external drive or external media, or have any other cyber capability. Report cards must contain specified information, including: (1) information pertaining to the essential elements described in the most recent version of the Manufacturer Disclosure Statement for Medical Device Security, (2) a cybersecurity risk assessment conducted by the manufacturer or third party, and (3) whether the device is capable of being accessed remotely. A cyber device manufacturer must include a report card in any premarket notification or application for premarket approval. The FDA shall provide a copy of a device's report card if requested by a health care industry entity or an entity with a valid interest in the report card.  The bill establishes procedures, including notifications to providers and patients, for manufacturers when cyber devices are remotely accessed or no longer going to be sold. Fixes and updates to cyber devices must be free of charge for specified time periods. The bill expands the responsibilities of the Department of Homeland Security's Industrial Control Systems Cyber Emergency Response Team to include investigating cybersecurity vulnerabilities of cyber devices that may cause harm to human life or the significant misuse of personal health information, and coordinating device-specific responses.

Medical Device Cybersecurity Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Safety Net Inpatient Drug Affordability Act''. SEC. 2. EXTENSION OF DISCOUNTS TO INPATIENT DRUGS. (a) In General.--Section 340B(b) of the Public Health Service Act (42 U.S.C. 256b(b)) is amended by inserting before the period the following: ``, except that, notwithstanding the limiting definition set forth in section 1927(k)(3) of the Social Security Act, the terms `covered outpatient drug' and `covered drug' include any inpatient or outpatient drug purchased by a hospital described in subsection (a)(4)(L)''. (b) Payment of Medicaid Rebates on Inpatient Drugs.--Section 340B(c) of such Act (42 U.S.C. 256b(c)) is amended to read as follows: ``(c) Payment of Medicaid Rebates on Inpatient Drugs.-- ``(1) In general.--For the cost reporting period covered by the most recently filed Medicare cost report, a hospital described in subsection (a)(4)(L) shall provide to each State with an approved State plan under title XIX of such Act-- ``(A) a rebate on the estimated annual costs of single source and innovator multiple source drugs provided to Medicaid recipients for inpatient use; and ``(B) a rebate on the estimated annual costs of noninnovator multiple source drugs provided to Medicaid recipients for inpatient use. ``(2) Calculations of rebates.-- ``(A) Single source and innovator multiple source drugs.--For purposes of paragraph (1)(A)-- ``(i) the rebate under such paragraph shall be calculated by multiplying the estimated annual costs of single source and innovator multiple source drugs provided to Medicaid recipients for inpatient use by the minimum rebate percentage described in section 1927(c)(1)(B) of the Social Security Act; ``(ii) the estimated annual costs of single source drugs and innovator multiple source drugs provided to Medicaid recipients for inpatient use under clause (i) shall be equal to the product of-- ``(I) the hospital's actual acquisition costs of all drugs purchased during the cost reporting period for inpatient use; ``(II) the Medicaid inpatient drug charges as reported on the hospital's most recently filed Medicare cost report divided by total inpatient drug charges reported on the cost report; and ``(III) the percent of the hospital's annual inpatient drug costs described in subclause (I) arising out of the purchase of single source and innovator multiple source drugs; and ``(iii) the terms `single source drug' and `innovator multiple source drug' have the meanings given such terms in section 1927(k)(7) of the Social Security Act. ``(B) Noninnovator multiple source drugs.--For purposes of subparagraph (1) (B)-- ``(i) the rebate under such paragraph shall be calculated by multiplying the estimated annual costs of noninnovator multiple source drugs provided to Medicaid recipients for inpatient use by the applicable percentage as defined in section 1927(c)(3)(B) of the Social Security Act; ``(ii) the estimated annual costs of noninnovator multiple source drugs provided to Medicaid recipients for inpatient use shall be equal to the product of-- ``(I) the hospital's actual acquisition cost of all drugs purchased during the cost reporting period for inpatient use; ``(II) the Medicaid inpatient drug charges as reported on the hospital's most recently filed Medicare cost report divided by total inpatient drug charges reported on the cost report; and ``(III) the percent of the hospital's annual inpatient drug costs described in subclause (I) arising out of the purchase of noninnovator multiple source drugs; and ``(iii) the term `noninnovator multiple source drug' has the meaning given such term in section 1927(k)(7) of the Social Security Act. ``(3) Payment deadline.--The rebates provided by a hospital under paragraph (1) shall be paid within 90 days of the filing of the hospital's most recently filed Medicare cost report. ``(4) Offset against medical assistance.--Amounts received by a State under this subsection in any quarter shall be considered to be a reduction in the amount expended under the State plan in the quarter for medical assistance for purposes of section 1903(a)(1) of the Social Security Act.''. (c) Clarification That Group Purchasing Prohibition for Certain Hospitals Is Not Applicable to Inpatient Drugs.--Section 340B(a)(4)(L)(iii) of such Act (42 U.S.C. 256b(a)(4)(L)(iii)) is amended by inserting ``(not including such drugs purchased for inpatient use)'' after ``covered outpatient drugs''. SEC. 3. PROVIDING ACCESS TO DISCOUNTED DRUG PRICES FOR CRITICAL ACCESS HOSPITALS. (a) In General.--Section 340B of the Public Health Service Act (42 U.S.C. 256b) is amended-- (1) in subsection (a)(4), by adding at the end the following: ``(M) An entity that-- ``(i) is a critical access hospital (as determined under section 1820(c)(2) of the Social Security Act); and ``(ii) does not obtain covered outpatient drugs though a group purchasing organization or other group purchasing arrangement (not including such drugs purchased for inpatient use).''; (2) in subsection (b), as amended by section 2(a), by inserting ``or subsection (a)(4)(M)'' after ``subsection (a)(4)(L)''; and (3) in subsection (c)(1), as added by inserting ``or subsection (a)(4)(M)'' after ``subsection (a)(4)(L)''. (b) Exclusion From Medicaid Best Price Calculations.--Section 1927(c)(1)(C)(i)(I) of the Social Security Act (42 U.S.C. 1396r- 8(c)(1)(C)(i)(I)) is amended by inserting ``and to critical access hospitals described in section 340B(a)(4)(M) of such Act'' after ``Public Health Service Act''. (c) Effective Date.--The amendments made by this section shall apply to drugs purchased on or after January 1, 2006.

Safety Net Inpatient Drug Affordability Act - Amends the Public Health Service Act to expand the discount drug program to include any inpatient or outpatient drug purchased by qualified hospitals without a group purchasing arrangement. (Currently, such hospitals are only allowed to purchase discounted outpatient drugs.) Requires such hospitals to provide the state with a rebate on the estimated annual costs of single source, innovator multiple source, and noninnovator multiple source drugs provided to Medicaid recipients for inpatient use. Sets forth a method for calculating the amount of such rebate. Allows critical access hospitals that do not obtain covered outpatient drugs through a group purchasing organization or other group purchasing arrangement to participate in the discount drug program.

A bill to amend section 340B of the Public Health Service Act to increase the affordability of inpatient drugs for Medicaid and safety net hospitals.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Mortgage Loan Consumer Protection Act''. SEC. 2. DISCLOSURE SIMPLIFICATION AND IMPROVEMENT. (a) More Accurate Finance Charge.--Subsection (e) of section 106 of the Truth in Lending Act (15 U.S.C. 1605(e)) is amended to read as follows: ``(e) Exclusion of Certain Escrows.--Escrows for future payments of taxes and insurance shall not be included in the computation of the finance charge with respect to any extension of credit secured by an interest in real property.''. (b) More Understandable Disclosure Statements.--Section 4(a) of the Real Estate Settlement Procedures Act of 1974 (12 U.S.C. 2603(a)) is amended-- (1) by inserting ``(1)'' after ``(a)''; and (2) by adding at the end the following new paragraph: ``(2) In developing and prescribing such form, the Secretary shall clearly delineate, and provide a box for totals for, the following 3 types of charges: ``(A) `Closing Costs', which shall include all noninterest costs that the consumer is required to pay as a condition for receiving the extension of credit. Fees paid to or collected by the lender may be itemized by purpose, but must also be totaled up and shown separately under the heading `Total Lender Fees'. ``(B) `Prepaid Items', which shall include prepaid interest, funds deposited into any escrow account, and any other items required by the lender to be paid in advance. ``(C) `All Other Costs Paid At Closing', which shall include all costs paid at the time of closing that are neither Closing Costs nor Prepaid Items.''. (c) Harmonization of Good Faith Estimate and Settlement Statement.--Section 5(c) of the Real Estate Settlement Procedures Act of 1974 (12 U.S.C. 2604(c)) is amended-- (1) by inserting ``(1)'' after ``(c)''; and (2) by adding at the end the following new paragraph: ``(2) The Secretary shall, to the maximum extent, harmonize the terms and forms for the good faith estimate required under this subsection and the final settlement statement required under section 4, which shall include delineating, on the good faith estimate, the 3 types of charges specified under section 4(a)(2).''. SEC. 3. ADVANCE AVAILABILITY OF FINAL SETTLEMENT STATEMENT. Section 4(b) of the Real Estate Settlement Procedures Act of 1974 (12 U.S.C. 2603(b)) is amended-- (1) by inserting ``(1)'' after ``(b)''; (2) in the first sentence, by striking ``at or before settlement'' and inserting ``at least 2 days before settlement''; and (3) by striking the last sentence. SEC. 4. PROHIBITION AGAINST MARKUPS AND UNDISCLOSED LENDER FEES. (a) Requirement to Disclose All Lender Fees.--Section 4 of the Real Estate Settlement Procedures Act of 1974 (12 U.S.C. 2603) is amended by adding at the end the following new subsection: ``(c)(1) All fees paid to or collected by a lender in connection with a federally related mortgage loan shall be clearly disclosed as being paid to such lender on the settlement statement for such mortgage loan.''. (b) Prohibition of Markups and Unearned Fees.--Section 8(b) of the Real Estate Settlement Procedures Act of 1974 (12 U.S.C. 2607(b)) is amended by insert after the period at the end the following: ``This subsection prohibits markups of the cost of services performed or goods provided by another settlement service provider, and fees charged or collected by one settlement service provider where no, nominal, or duplicative work is done.''. SEC. 5. ENHANCED CONSUMER ASSISTANCE. Section 5(b) of the Real Estate Settlement Procedures Act of 1974 (12 U.S.C. 2604(b)) is amended-- (1) in paragraph (4) by striking ``and'' at the end; (2) in paragraph (5), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following new paragraphs: ``(6) an explanation of the issues regarding the cost- efficiency of refinancing a mortgage loan, including the tradeoffs between mortgage interest rates and closing costs (including tax considerations), and other factors that may affect a mortgagor's decision to refinance; and ``(7) an explanation that some lenders may offer the mortgagor the option to pay some fees up-front or in the form of a higher mortgage interest rate, and assistance in evaluating this type of option.''. SEC. 6. ADDITIONAL ESCROW ACCOUNT PROTECTIONS. Section 10 of the Real Estate Settlement Procedures Act of 1974 (12 U.S.C. 2609) is amended by adding at the end the following new subsections: ``(e) Liability of Servicers.--A servicer (as such term is defined in section 6(i)) for a federally related mortgage loan, in connection with which an escrow account is established, shall be liable to the borrower for any fees, penalties, and other charges that arise out of the servicer's failure to make timely payment of taxes, insurance premiums, or other charges that are required to be paid out of such escrow account. ``(f) Force-Placed Hazard Insurance.--A servicer for a federally related mortgage loan may not receive any portion of any charge, rebate, or other fee associated with any force-placed hazard insurance in connection with such loan that arises from the servicer's failure to make timely payment of insurance premiums. ``(g) Timely Crediting of Escrow Funds.-- ``(1) Requirement.--The servicer for a federally related mortgage loan shall return to the borrower under such loan any amounts remaining in any escrow account established for such loan, as follows: ``(A) Notice of payment.--If the borrower provides written notice to the servicer of intent to pay a loan in full not less than 7 days before such payment, such amounts shall be returned not later than the date that such loan is paid in full. Such return of funds may be in the form of an offset against the amount required to pay the loan in full. ``(B) General deadline.--In no case shall such amounts be returned later than 21 days after the date that the loan is paid in full. ``(2) Liability for failure to return escrow amounts.--A servicer who fails to comply with the requirements under paragraph (1) shall be liable to the borrower under the loan for the unreturned amount, plus a penalty equal to the sum of 20 percent of the unreturned amount plus 1 percent for each month that such amounts remain unreturned to the borrower.''. SEC. 7. ENFORCEMENT OF RESPA CONSUMER PROTECTIONS. (a) Uniform Enforcement Provisions.--The Real Estate Settlement Procedures Act of 1974 is amended by inserting after section 12 (12 U.S.C. 2610) the following new section: ``SEC. 13. DAMAGES AND COSTS. ``Whoever fails to comply with any provision of section 4, 5, 6, or 10(c) shall be liable to the borrower for each such failure in an amount equal to the sum of the following: ``(1) Actual damages.--Any actual damages to the borrower as a result of such failure. ``(2) Additional damages.--Any additional damages, as the court may allow, in an amount not to exceed $2,000 for each loan. ``(3) Costs.--In the case of any successful action for damages pursuant to this section, the costs of the action, together with any attorneys' fees incurred in connection with such action as the court may determine to be reasonable under the circumstances.''. (b) Superseded Enforcement Provisions.--The Real Estate Settlement Procedures Act of 1974 is amended-- (1) in section 6 (12 U.S.C. 2605), by striking subsection (f); and (2) in section 10 (12 U.S.C. 2609), by striking subsection (d). (c) Jurisdiction of Courts and Statute of Limitations.--Section 16 of the Real Estate Settlement Procedures Act of 1974 (12 U.S.C. 2614) is amended-- (1) by striking ``, or 9'' and inserting ``, 9, 10, or 13''; and (2) by striking ``in the case of a violation of section 6'' and all that follows through ``may be brought within 3 years''. SEC. 8. EFFECTIVE DATE. The amendments made by this Act shall be made and shall apply upon the expiration of the 180-day period beginning on the date of the enactment of this Act.

Mortgage Loan Consumer Protection Act - Amends the Truth in Lending Act, with respect to credit extensions secured by a real property interest, to revise the category of excluded finance charge items.Amends the Real Estate Settlement Procedures Act, with respect to the uniform settlement statement, to require: (1) separate lines for "closing costs, "prepaid items," and "all other costs paid at closing"; (2) at least two days' advance availability of the final settlement statement; and (3) disclosure of all lender fees.Provides, with respect to special information booklets, for: (1) harmonization of good faith estimates and settlement statements; and (2) inclusion of refinancing and upfront payment option information.Prohibits markups and unearned fees.Sets forth servicer escrow-related liabilities.Revises damage and cost, and jurisdiction and statute of limitations provisions.

To amend the Real Estate Settlement Procedures Act of 1974 and the Truth in Lending Act to make the residential mortgage process more understandable, fair, and competitive.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Building Our Largest Dementia Infrastructure for Alzheimer's Act'' or the ``BOLD Infrastructure for Alzheimer's Act''. SEC. 2. PROMOTION OF PUBLIC HEALTH KNOWLEDGE AND AWARENESS OF ALZHEIMER'S DISEASE, COGNITIVE DECLINE, AND BRAIN HEALTH UNDER THE ALZHEIMER'S DISEASE AND HEALTHY AGING PROGRAM. Part K of title III of the Public Health Service Act (42 U.S.C. 280c et seq.) is amended-- (1) in the part heading, by adding ``and public health programs for dementia'' at the end; and (2) in subpart II-- (A) by striking the subpart heading and inserting the following: ``Subpart II--Programs With Respect to Alzheimer's Disease and Related Dementias''; and (B) by striking section 398A (42 U.S.C. 280c-4) and inserting the following: ``SEC. 398A. PROMOTION OF PUBLIC HEALTH KNOWLEDGE AND AWARENESS OF ALZHEIMER'S DISEASE AND RELATED DEMENTIAS. ``(a) Alzheimer's Disease and Related Dementias Public Health Centers of Excellence.-- ``(1) In general.--The Secretary, in coordination with the Director of the Centers for Disease Control and Prevention and the heads of other agencies as appropriate, shall award grants, contracts, or cooperative agreements to eligible entities, such as institutions of higher education, State, tribal, and local health departments, Indian tribes, tribal organizations, associations, or other appropriate entities for the establishment or support of regional centers to address Alzheimer's disease and related dementias by-- ``(A) advancing the awareness of public health officials, health care professionals, and the public, on the most current information and research related to Alzheimer's disease and related dementias, including cognitive decline, brain health, and associated health disparities; ``(B) identifying and translating promising research findings, such as findings from research and activities conducted or supported by the National Institutes of Health, including Alzheimer's Disease Research Centers authorized by section 445, into evidence-based programmatic interventions for populations with Alzheimer's disease and related dementias and caregivers for such populations; and ``(C) expanding activities, including through public- private partnerships related to Alzheimer's disease and related dementias and associated health disparities. ``(2) Requirements.--To be eligible to receive a grant, contract, or cooperative agreement under this subsection, an entity shall submit to the Secretary an application containing such agreements and information as the Secretary may require, including a description of how the entity will-- ``(A) coordinate, as applicable, with existing Federal, State, and tribal programs related to Alzheimer's disease and related dementias; ``(B) examine, evaluate, and promote evidence-based interventions for individuals with Alzheimer's disease and related dementias, including underserved populations with such conditions, and those who provide care for such individuals; and ``(C) prioritize activities relating to-- ``(i) expanding efforts, as appropriate, to implement evidence-based practices to address Alzheimer's disease and related dementias, including through the training of State, local, and tribal public health officials and other health professionals on such practices; ``(ii) supporting early detection and diagnosis of Alzheimer's disease and related dementias; ``(iii) reducing the risk of potentially avoidable hospitalizations of individuals with Alzheimer's disease and related dementias; ``(iv) reducing the risk of cognitive decline and cognitive impairment associated with Alzheimer's disease and related dementias; ``(v) enhancing support to meet the needs of caregivers of individuals with Alzheimer's disease and related dementias; ``(vi) reducing health disparities related to the care and support of individuals with Alzheimer's disease and related dementias; ``(vii) supporting care planning and management for individuals with Alzheimer's disease and related dementias; and ``(viii) supporting other relevant activities identified by the Secretary or the Director of the Centers for Disease Control and Prevention, as appropriate. ``(3) Considerations.--In awarding grants, contracts, and cooperative agreements under this subsection, the Secretary shall consider, among other factors, whether the entity-- ``(A) provides services to rural areas or other underserved populations; ``(B) is able to build on an existing infrastructure of services and public health research; and ``(C) has experience with providing care or caregiver support, or has experience conducting research related to Alzheimer's disease and related dementias. ``(4) Distribution of awards.--In awarding grants, contracts, or cooperative agreements under this subsection, the Secretary, to the extent practicable, shall ensure equitable distribution of awards based on geographic area, including consideration of rural areas, and the burden of the disease within sub-populations. ``(5) Data reporting and program oversight.--With respect to a grant, contract, or cooperative agreement awarded under this subsection, not later than 90 days after the end of the first year of the period of assistance, and annually thereafter for the duration of the grant, contract, or agreement (including the duration of any renewal period as provided for under paragraph (5)), the entity shall submit data, as appropriate, to the Secretary regarding-- ``(A) the programs and activities funded under the grant, contract, or agreement; and ``(B) outcomes related to such programs and activities. ``(b) Improving Data on State and National Prevalence of Alzheimer's Disease and Related Dementias.-- ``(1) In general.--The Secretary shall, as appropriate, improve the analysis and timely reporting of data on the incidence and prevalence of Alzheimer's disease and related dementias. Such data may include, as appropriate, information on cognitive decline, caregiving, and health disparities experienced by individuals with cognitive decline and their caregivers. The Secretary may award grants, contracts, or cooperative agreements to eligible entities for activities under this paragraph. ``(2) Eligibility.--To be eligible to receive a grant, contract, or cooperative agreement under this subsection, an entity shall be a public or nonprofit private entity, including institutions of higher education, State, local, and tribal health departments, and Indian tribes and tribal organizations, and submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. ``(3) Data sources.--The analysis, timely public reporting, and dissemination of data under this subsection may be carried out using data sources such as the following: ``(A) The Behavioral Risk Factor Surveillance System. ``(B) The National Health and Nutrition Examination Survey. ``(C) The National Health Interview Survey. ``(c) Improved Coordination.--The Secretary shall ensure that activities and programs related to dementia under this section do not unnecessarily duplicate activities and programs of other agencies and offices within the Department of Health and Human Services.''. SEC. 3. SUPPORTING STATE PUBLIC HEALTH PROGRAMS RELATED TO ALZHEIMER'S DISEASE AND RELATED DEMENTIAS. Section 398 of the Public Health Service Act (42 U.S.C. 280c-3) is amended-- (1) in the section heading, by striking ``establishment of program'' and inserting ``cooperative agreements to states and public health departments for alzheimer's disease and related dementias''; (2) by striking subsection (a) and inserting the following: ``(a) In General.--The Secretary, in coordination with the Director of the Centers for Disease Control and Prevention and the heads of other agencies, as appropriate, shall award cooperative agreements to health departments of States, political subdivisions of States, and Indian tribes and tribal organizations, to address Alzheimer's disease and related dementias, including by reducing cognitive decline, helping meet the needs of caregivers, and addressing unique aspects of Alzheimer's disease and related dementias to support the development and implementation of evidence-based interventions with respect to-- ``(1) educating and informing the public, based on evidence- based public health research and data, about Alzheimer's disease and related dementias; ``(2) supporting early detection and diagnosis; ``(3) reducing the risk of potentially avoidable hospitalizations for individuals with Alzheimer's disease and related dementias; ``(4) reducing the risk of cognitive decline and cognitive impairment associated with Alzheimer's disease and related dementias; ``(5) improving support to meet the needs of caregivers of individuals with Alzheimer's disease and related dementias; ``(6) supporting care planning and management for individuals with Alzheimer's disease and related dementias. ``(7) supporting other relevant activities identified by the Secretary or the Director of the Centers for Disease Control and Prevention, as appropriate''.; and (3) by striking subsection (b); (4) by redesignating subsection (c) as subsection (g); (5) by inserting after subsection (a), the following: ``(b) Preference.--In awarding cooperative agreements under this section, the Secretary shall give preference to applications that focus on addressing health disparities, including populations and geographic areas that have the highest prevalence of Alzheimer's disease and related dementias. ``(c) Eligibility.--To be eligible to receive a cooperative agreement under this section, an eligible entity (pursuant to subsection (a)) shall prepare and submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including a plan that describes-- ``(1) how the applicant proposes to develop or expand, programs to educate individuals through partnership engagement, workforce development, guidance and support for programmatic efforts, and evaluation with respect to Alzheimer's disease and related dementias, and in the case of a cooperative agreement under this section, how the applicant proposes to support other relevant activities identified by the Secretary or Director of the Centers for Disease Control and Prevention, as appropriate. ``(2) the manner in which the applicant will coordinate with Federal, tribal, and State programs related to Alzheimer's disease and related dementias, and appropriate State, tribal, and local agencies, as well as other relevant public and private organizations or agencies; and ``(3) the manner in which the applicant will evaluate the effectiveness of any program carried out under the cooperative agreement. ``(d) Matching Requirement.--Each health department that is awarded a cooperative agreement under subsection (a) shall provide, from non- Federal sources, an amount equal to 30 percent of the amount provided under such agreement (which may be provided in cash or in-kind) to carry out the activities supported by the cooperative agreement. ``(e) Waiver Authority.--The Secretary may waive all or part of the matching requirement described in subsection (d) for any fiscal year for a health department of a State, political subdivision of a State, or Indian tribe and tribal organization (including those located in a rural area or frontier area), if the Secretary determines that applying such matching requirement would result in serious hardship or an inability to carry out the purposes of the cooperative agreement awarded to such health department of a State, political subdivision of a State, or Indian tribe and tribal organization.''; (6) in subsection (f) (as so redesignated), by striking ``grant'' and inserting ``cooperative agreement''; and (7) by adding at the end the following: ``(f) Non-duplication of Effort.--The Secretary shall ensure that activities under any cooperative agreement awarded under this subpart do not unnecessarily duplicate efforts of other agencies and offices within the Department of Health and Human Services related to-- ``(1) activities of centers of excellence with respect to Alzheimer's disease and related dementias described in section 398A; and ``(2) activities of public health departments with respect to Alzheimer's disease and related dementias described in this section.''. SEC. 4. ADDITIONAL PROVISIONS. Section 398B of the Public Health Service Act (42 U.S.C. 280c-5) is amended-- (1) in subsection (a)-- (A) by inserting ``or cooperative agreement'' after ``grant'' each place that such appears; (B) by striking ``section 398(a) to a State unless the State'' and inserting ``sections 398 or 398A to an entity unless the entity''; and (C) by striking ``10'' and inserting ``5''; (2) by striking subsection (b); (3) by redesignating subsections (c) and (d) as subsections (b) and (c), respectively; (4) in subsection (b) (as so redesignated)-- (A) in the matter preceding paragraph (1), by striking ``section 398(a) to a State unless the State'' and inserting ``sections 398 or 398A to an entity unless the entity''; (B) in paragraph (1), by striking ``expenditures required in subsection (b);'' and inserting ``expenditures;''; (5) in subsection (c) (as so redesignated)-- (A) in paragraph (1)-- (i) by striking ``each demonstration project for which a grant'' and inserting ``the activities for which an award''; and (ii) by striking ``section 398(a)'' and inserting ``sections 398 or 398A''; and (B) in paragraph (2), by striking ``6 months'' and inserting ``1 year''; (6) by inserting after subsection (c) (as so redesignated), the following: ``(d) Definition.--In this subpart, the terms `Indian tribe' and `tribal organization' have the meanings given such terms in section 4 of the Indian Health Care Improvement Act.''; and (7) in subsection (e), by striking ``$5,000,000 for each of the fiscal years 1988 through 1990'' and all that follows through ``2002'' and inserting ``$20,000,000 for each of fiscal years 2020 through 2024''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Building Our Largest Dementia Infrastructure for Alzheimer's Act or the BOLD Infrastructure for Alzheimer's Act This bill amends the Public Health Service Act to award cooperative agreements: (1) for the establishment or support of national or regional centers of excellence in public health practice in Alzheimer's disease; (2) to state public health departments, Native American tribes, and other entities to promote cognitive functioning, address cognitive impairment and unique aspects of Alzheimer's disease, and help meet the needs of caregivers; (3) for analysis and public reporting of data on the state and national levels regarding cognitive decline, caregiving, and health disparities, and monitoring of objectives on dementia and caregiving in the Department of Health and Human Services' Healthy People 2020 report.

Building Our Largest Dementia Infrastructure for Alzheimer’s Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``The Duplication Elimination Act of 2015''. SEC. 2. EXPEDITED CONSIDERATION OF GAO RECOMMENDATIONS. Title II of the joint resolution entitled ``A joint resolution increasing the statutory limit on the public debt'' (Public Law 111- 139; 21 U.S.C. 712 note) is amended by adding at the end the following: ``SEC. 22. EXPEDITED CONSIDERATION OF GAO RECOMMENDATIONS. ``(a) Definitions.--In this section-- ``(1) the term `GAO report' means the annual report on duplication, consolidation, and elimination of duplicative government programs required under section 21; and ``(2) the term `joint resolution' means only a joint resolution that-- ``(A) makes legislative changes needed to carry out the recommendations contained in the GAO report for a year that the President did not exclude; and ``(B) requires that any savings attributable to the legislative changes described in subparagraph (A) be transferred to the General Fund of the Treasury and be used to reduce the deficit. ``(b) Submission of Proposed Bill.-- ``(1) In general.--Not later than 90 days after the date of the publication of the GAO report for a year, the President shall transmit to Congress a special message accompanied by a proposed joint resolution. ``(2) Contents of special message.--A special message shall specify-- ``(A) recommendations outlined in the GAO report that are excluded from the proposed joint resolution; ``(B) in detail why the recommendations outlined in the GAO report were excluded from the proposed joint resolution; and ``(C) recommendations outlined in the GAO report that are included in the proposed joint resolution. ``(3) Transmittal.--The President shall submit the special message to the Secretary of the Senate if the Senate is not in session and to the Clerk of the House of Representatives if the House is not in session. ``(4) Public availability.--The President shall make a copy of the special message and the proposed joint resolution publicly available, and shall publish in the Federal Register a notice of the message and information on how it can be obtained. ``(c) Procedures for Expedited Consideration.-- ``(1) Introduction.--A proposed joint resolution transmitted by the President under subsection (b) shall be introduced in the Senate (by request) on the next day on which the Senate is in session by the majority leader of the Senate or by a Member of the Senate designated by the majority leader of the Senate and shall be introduced in the House of Representatives (by request) on the next legislative day by the majority leader of the House or by a Member of the House designated by the majority leader of the House. ``(2) No referral.--A joint resolution shall not be referred to a committee in either House of Congress and shall immediately be placed on the calendar. ``(3) Motion to proceed.--A motion to proceed to a joint resolution is highly privileged in the House of Representatives and is privileged in the Senate and is not debatable. The motion is not subject to a motion to postpone, and all points of order against the motion are waived. 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 a joint resolution is agreed to, the joint resolution shall remain the unfinished business of the respective House until disposed of. ``(4) Expedited consideration in the house of representatives.--In the House of Representatives, a joint resolution shall be considered as read. All points of order against the joint resolution and against its consideration are waived. The previous question shall be considered as ordered on the joint resolution to its passage without intervening motion except 2 hours of debate shall be divided equally between the majority and minority leaders or their designees. A motion to reconsider the vote on passage of the joint resolution shall not be in order. A vote on final passage of the joint resolution shall be taken in the House of Representatives on or before the close of the tenth calendar day after the date of the introduction of the joint resolution in the House of Representatives. ``(5) Expedited procedure in the senate.-- ``(A) Consideration.--In the Senate, consideration of a joint resolution, and on 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 and minority leaders or their designees. A motion to further limit debate is in order and not debatable. An amendment to, a motion to postpone, a motion to proceed to the consideration of other business, or a motion to commit the joint resolution is not in order. ``(B) Passage.--If the Senate has proceeded to a joint resolution, the vote on passage of the joint resolution shall occur immediately following the conclusion of consideration of the joint resolution, and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the Senate. A vote on the final passage of the joint resolution shall be taken in the Senate on or before the close of the tenth calendar day after the date of the introduction of the joint resolution in the Senate. ``(C) Rulings of the chair on procedure.--Appeals from the decisions of the Chair relating to the application of the rules of the Senate, as the case may be, to the procedure relating to a joint resolution shall be decided without debate. ``(6) Points of order.--In the Senate or the House of Representatives, a Member of the Senate or House of Representatives, respectively, may raise a point of order that a joint resolution does not meet the definition of a joint resolution under subsection (b). ``(7) Amendment.--A joint resolution shall not be subject to amendment in either the House of Representatives or the Senate. ``(8) Consideration by the other house.-- ``(A) In general.--If, before passing a joint resolution, one House receives from the other a joint resolution-- ``(i) the joint resolution from the other House shall not be referred to a committee; and ``(ii) with respect to a joint resolution of the House receiving the joint resolution-- ``(I) the procedure in that House shall be the same as if no joint resolution had been received from the other House until the vote on passage; but ``(II) the vote on final passage shall be on the joint resolution of the other House. ``(B) Revenue measure exception.--This paragraph shall not apply to the House of Representatives if the joint resolution received from the Senate is a revenue measure. ``(9) Rules of house of representatives and senate.--This subsection is enacted by Congress-- ``(A) as an exercise of the rulemaking power in the Senate and 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, and it supersedes other rules only to the extent that it is inconsistent with such rules; and ``(B) 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.''.

Duplication Elimination Act of 2015 This bill requires the President to send Congress a proposed joint resolution and a special message within 90 days of publication of the annual Government Accountability Office (GAO) report on duplicative government programs. The joint resolution is limited to one that: (1) makes legislative changes needed to carry out the recommendations contained in the GAO report and included by the President, and (2) requires savings from the legislative changes to be transferred to the Treasury for deficit reduction. The bill requires the special message to specify: the GAO recommendations that are excluded from the proposed joint resolution, why the recommendations were excluded, and the GAO recommendations included in the joint resolution. The bill sets forth expedited procedures for congressional consideration of the joint resolution.

Duplication Elimination Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Training for Realtime Writers Act of 2007''. SEC. 2. FINDINGS. Congress makes the following findings: (1) As directed by Congress in section 723 of the Communications Act of 1934 (47 U.S.C. 613), as added by section 305 of the Telecommunications Act of 1996 (Public Law 104-104; 110 Stat. 126), the Federal Communications Commission began enforcing rules requiring full closed captioning of most English television programming on January 1, 2006. (2) The Federal Communications Commission rules also require that video programming be fully captioned in Spanish by 2010. (3) More than 30,000,000 Americans are considered deaf or hard of hearing, and many require captioning services to participate in mainstream activities. (4) The National Institute on Deafness and other Communication Disorders estimates that 1 in 3 Americans over the age of 60 has already experienced hearing loss. The 79,000,000 Americans who are identified as ``baby boomers'' represent 39 percent of the population of the United States and most baby boomers began to reach age 60 just in the last few years. (5) Closed captioning is a continuous source of emergency information for people in mass transit and other congregate settings. (6) Empirical research studies since 1988 demonstrate that captions improve the performance of individuals learning to read English. SEC. 3. AUTHORIZATION OF GRANT PROGRAM TO PROMOTE TRAINING AND JOB PLACEMENT OF REALTIME WRITERS. (a) In General.--The Secretary of Commerce shall make competitive grants to eligible entities under subsection (b) to promote training and placement of individuals, including individuals who have completed a court reporting training program, as realtime writers in order to meet the requirements for closed captioning of video programming set forth in section 723 of the Communications Act of 1934 (47 U.S.C. 613) and the rules prescribed thereunder. (b) Eligible Entities.--For purposes of this Act, an eligible entity is a court reporting program that-- (1) can document and demonstrate to the Secretary of Commerce that it meets minimum standards of educational and financial accountability, with a curriculum capable of training realtime writers qualified to provide captioning services; (2) is accredited by an accrediting agency recognized by the Department of Education; and (3) is participating in student aid programs under title IV of the Higher Education Act of 1965. (c) Priority in Grants.--In determining whether to make grants under this section, the Secretary of Commerce shall give a priority to eligible entities that, as determined by the Secretary-- (1) possess the most substantial capability to increase their capacity to train realtime writers; (2) demonstrate the most promising collaboration with local educational institutions, businesses, labor organizations, or other community groups having the potential to train or provide job placement assistance to realtime writers; or (3) propose the most promising and innovative approaches for initiating or expanding training or job placement assistance efforts with respect to realtime writers. (d) Duration of Grant.--A grant under this section shall be for a period of 2 years. (e) Maximum Amount of Grant.--The amount of a grant provided under subsection (a) to an entity eligible may not exceed $1,500,000 for the 2-year period of the grant under subsection (d). SEC. 4. APPLICATION. (a) In General.--To receive a grant under section 3, an eligible entity shall submit an application to the Secretary of Commerce at such time and in such manner as the secretary may require. The application shall contain the information set forth under subsection (b). (b) Information.--Information in the application of an eligible entity under subsection (a) for a grant under section 3 shall include the following: (1) A description of the training and assistance to be funded using the grant amount, including how such training and assistance will increase the number of realtime writers. (2) A description of performance measures to be utilized to evaluate the progress of individuals receiving such training and assistance in matters relating to enrollment, completion of training, and job placement and retention. (3) A description of the manner in which the eligible entity will ensure that recipients of scholarships, if any, funded by the grant will be employed and retained as realtime writers. (4) A description of the manner in which the eligible entity intends to continue providing the training and assistance to be funded by the grant after the end of the grant period, including any partnerships or arrangements established for that purpose. (5) A description of how the eligible entity will work with local workforce investment boards to ensure that training and assistance to be funded with the grant will further local workforce goals, including the creation of educational opportunities for individuals who are from economically disadvantaged backgrounds or are displaced workers. (6) Additional information, if any, of the eligibility of the eligible entity for priority in the making of grants under section 3(c). (7) Such other information as the Secretary may require. SEC. 5. USE OF FUNDS. (a) In General.--An eligible entity receiving a grant under section 3 shall use the grant amount for purposes relating to the recruitment, training and assistance, and job placement of individuals, including individuals who have completed a court reporting training program, as realtime writers, including-- (1) recruitment; (2) subject to subsection (b), the provision of scholarships; (3) distance learning; (4) further developing and implementing both English and Spanish curriculum to more effectively train realtime writing skills, and education in the knowledge necessary for the delivery of high-quality closed captioning services; (5) mentoring students to ensure successful completion of the realtime training and provide assistance in job placement; (6) encouraging individuals with disabilities to pursue a career in realtime writing; and (7) the employment and payment of personnel for all such purposes. (b) Scholarships.-- (1) Amount.--The amount of a scholarship under subsection (a)(2) shall be based on the amount of need of the recipient of the scholarship for financial assistance, as determined in accordance with part F of title IV of the Higher Education Act of 1965 (20 U.S.C. 1087kk). (2) Agreement.--Each recipient of a scholarship under subsection (a)(2) shall enter into an agreement with the school in which the recipient is enrolled to provide realtime writing services for a period of time appropriate (as determined by the Secretary of Commerce or the Secretary's designee) for the amount of the scholarship received. (3) Coursework and employment.--The Secretary of Commerce or the Secretary's designee shall establish requirements for coursework and employment for recipients of scholarships under subsection (a)(2), including requirements for repayment of scholarship amounts in the event of failure to meet such requirements for coursework and employment. Requirements for repayment of scholarship amounts shall take into account the effect of economic conditions on the capacity of scholarship recipients to find work as realtime writers. (c) Administrative Costs.--The recipient of a grant under section 3 may not use more than 5 percent of the grant amount to pay administrative costs associated with activities funded by the grant. The Secretary shall use not more than 5 percent of the amount available for grants under this Act in any fiscal year for administrative costs of the program. (d) Supplement Not Supplant.--Grants amounts under this Act shall supplement and not supplant other Federal or non-Federal funds of the grant recipient for purposes of promoting the training and placement of individuals as realtime writers. SEC. 6. REPORTS. (a) Annual Reports.--Each eligible entity receiving a grant under section 3 shall submit to the Secretary of Commerce, at the end of each year of the grant period, a report on the activities of such entity with respect to the use of grant amounts during such year. (b) Report Information.-- (1) In general.--Each report of an entity for a year under subsection (a) shall include a description of the use of grant amounts by the entity during such year, including an assessment by the entity of the effectiveness of activities carried out using such funds in increasing the number of realtime writers. The assessment shall utilize the performance measures submitted by the entity in the application for the grant under section 4(b). (2) Final report.--The final report of an entity on a grant under subsection (a) shall include a description of the best practices identified by the entity as a result of the grant for increasing the number of individuals who are trained, employed, and retained in employment as realtime writers. (c) Annual Review.--The Inspector General of the Department of Commerce shall conduct an annual review of the management, efficiency, and effectiveness of the grants made under this Act. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to the Secretary of Commerce to carry out this Act $20,000,000 for each of fiscal years 2008, 2009, 2010, 2011, and 2012. SEC. 8. SUNSET. This Act is repealed effective the last day of the fifth fiscal year in which funds are appropriated to carry out this Act.

Training for Realtime Writers Act of 2007 - Directs the Secretary of Commerce to make competitive grants to eligible entities to promote recruitment, training, and placement of individuals, including individuals who have completed a court reporting training program, as realtime writers providing closed captioning in video programming. Sets forth priorities in making grants. Limits grants to $1.5 million for a two-year period. Repeals this Act five years after funds are appropriated to carry it out.

To provide competitive grants for training court reporters and closed captioners to meet requirements for realtime writers under the Telecommunications Act of 1996, and for other purposes.

SECTION 1. SHORT TITLE; DEFINITIONS. (a) Short Title.--This Act may be cited as the ``Dunlap Band of Mono Indians Reaffirmation Act''. (b) Definitions.--In this Act: (1) Tribe.--The term ``Tribe'' means the Dunlap Band of Mono Indians. (2) Secretary.--The term ``Secretary'' means the Secretary of Interior. (3) Service area.--The term ``service area'' refers to the county of Fresno, located within the State of California, and as used under section 20.100 of title 25, Federal Code of Regulations, including for the purpose of delivery of Federal services to Indians. SEC. 2. REAFFIRMATION OF FEDERAL RECOGNITION. Federal recognition of the Dunlap Band of Mono Indians is hereby reaffirmed. All Federal laws of general application to Indians and Indian tribes shall apply with respect to the Tribe. SEC. 3. REAFFIRMATION OF RIGHTS AND PRIVILEGES. All rights and privileges of the Tribe and members of the Tribe that may have been abrogated or diminished or lost as a result of administrative oversight or neglect, or as a result of implementation of the termination policy of the Federal Government in the State of California, are hereby reaffirmed to the Tribe and its members. SEC. 4. FEDERAL PROGRAMS AND SERVICES. Beginning on the date of the enactment of this Act, the Tribe and members of the Tribe shall be eligible for all programs, benefits, and services provided by the United States to Indians and Indian tribes, without regard to the existence of a reservation for the Tribe. In the case of programs or services available to Indians residing on a reservation, members of the Tribe residing in the Tribe's service area shall be deemed to be residing on a reservation. The eligibility for, or receipt of, services and benefits under this section by the Tribe or its individual members shall not be considered as income, resources, or otherwise when determining the eligibility for, or computation of, any payment or other benefit to the Tribe, individuals, or households under any financial aid program of the United States, including grants and contracts subject to the Indian Self-Determination Act; or any other benefit to which the Tribe, individuals, or households would otherwise be entitled under any Federal or federally assisted program. SEC. 5. TRANSFER OF LAND FOR THE BENEFIT OF THE TRIBE. (a) Lands To Be Taken Into Trust.--On application by the Tribe, the Secretary shall take into trust for the benefit of the Tribe any real property located within a 15 mile radius from the center of Dunlap, California, a point located at 36.738 degrees North, 119.120 degrees West, if the property is conveyed or otherwise transferred to the Secretary and if, at the time of such conveyance or transfer, there are no adverse legal claims to the property (including outstanding liens, mortgages, and taxes). (b) Interests in Trust Allotment.--Subject to subsection (a), real property eligible for trust status under this section shall include interests in current and former Indian trust allotments held by members of the Tribe or by such member's Indian heirs or successors in interest. (c) Trust Interests.--On application by the Tribe, and pursuant to the consent of the Tribe's member or such member's Indian heirs or successors in interest holding a trust interest in an Indian trust allotment, the Secretary shall approve conveyance of those interests from such persons to the Tribe. (d) Fee Interests.--On application by the Tribe, and pursuant to the consent of the Tribe's member or such member's Indian heirs or successors in interest who possess or have acquired a fee interest in an Indian trust allotment, the Secretary shall take the fee interest into trust for the benefit of the Tribe. (e) Lands To Be Part of Reservation.--Any real property taken into trust for the benefit of the Tribe pursuant to this section shall be part of the Tribe's reservation. (f) Limitation Under IGRA.--Application of section 20 (b)(1)(B) of the Indian Gaming Regulatory Act (25 U.S.C. 2719(b)(1)(B)) shall be limited to real property taken into trust by the Secretary under this section. SEC. 6. INITIAL MEMBERSHIP. (a) Compilation of Tribal Membership Rolls.-- The Secretary shall, after consultation with the Tribe, compile a base membership roll of the Tribe within one year after the date of enactment of this Act. The base membership roll shall include only individuals who are living, are not members of any other federally recognized Indian tribe, have not relinquished membership in the Tribe, and who meet the eligibility criteria under subsection (b). (b) Eligibility Criteria for Base Roll.--The following individuals are eligible for inclusion on the base membership roll of the Tribe-- (1) all persons of Entimbitch or Woponunch ancestry whose names appear on any of the following Indian rolls-- (A) the official roll of California Indians prepared pursuant to the Act of May 12, 1928 (45 Stat. 502), as approved by the Secretary of the Interior on May 16, 1933; (B) the 1944 rolls prepared for the 1944 land claim enrollment of California Indians; (C) the roll prepared for the 1964 land claim enrollment of California Indians; or (D) the 1940 Census taken in Fresno County, California; and (2) all \1/32\ degree descendants of the individuals identified in subsection (b)(1). (c) Future Membership.--After adoption of a Tribal constitution pursuant to this Act, the Tribe's constitution shall govern membership in the Tribe. (d) Conclusive Proof of Indian Ancestry.--For the purpose of subsection (b), the Secretary shall-- (1) accept any available evidence establishing a person's Dunlap Mono ancestral relationship to the Tribe; (2) accept as conclusive evidence of such ancestry, information contained in-- (A) any census of the Indians in or near Dunlap prepared by Special Indian Agents of the Federal Government; or (B) in any other roll, census, or list of Indians from the Dunlap area prepared by, or at the direction of, the Bureau of Indian Affairs. SEC. 7. INTERIM GOVERNMENT. The governing body of the Tribe shall serve as Interim Tribal Council until the Tribe ratifies its constitution consistent with section 9. The initial membership of the Interim Tribal Council shall consist of the members of the Tribal Council elected pursuant to the Tribe's constitution as adopted on June 19, 1999, and serving on the date of the enactment of this Act. The Interim Tribal Council shall continue to operate in the manner prescribed for the Tribal Council under the Tribe's constitution as adopted on June 19, 1999, until the Tribe ratifies its constitution pursuant to section 9. Any vacancies on the Interim Tribal Council shall be filled by individuals who meet the membership criteria set forth in section 7(b) and who are elected in the same manner as are Tribal Council members pursuant to the Tribe's constitution. SEC. 8. CONSTITUTION. (a) Election; Time and Procedure.--The Secretary shall conduct an election by secret ballot for the purpose of ratifying a constitution for the Tribe upon the written request of the Interim Tribal Council and after the compilation of the Tribal membership roll pursuant to section 7. The election shall be consistent with sections 16(c)(1) and 16(c)(2)(A) of the Act of June 18, 1934 (the Indian Reorganization Act, 25 U.S.C. 476(c)(1) and 476(c)(2)(A)). Voting members shall be permitted to cast absentee ballots regardless of their residence. (b) Election of Tribal Officials.--The Secretary shall conduct elections by secret ballot for the purpose of electing Tribal officials as provided in the Tribe's constitution not later than 120 days after the Tribe ratifies its constitution under subsection (a). Such elections shall be conducted according to the procedures specified in subsection (a), except to the extent that such procedures conflict with the Tribe's constitution. SEC. 9. REGULATIONS. The Secretary may promulgate such regulations as are necessary to carry out the provisions of this Act.

Dunlap Band of Mono Indians Reaffirmation Act - Reaffirms federal recognition of the Dunlap Band of Mono Indians (the Tribe). Makes all federal laws of general application to Indians and Indian tribes applicable with respect to the Tribe. Reaffirms all rights and privileges of the Tribe and members of the Tribe which may have been abrogated or diminished or lost as a result of administrative oversight or neglect, or as a result of implementation of the termination policy of the federal government in California to the Tribe and its members. Makes the Tribe and its members eligible for all programs, benefits, and services provided by the United States to Indians and Indian tribes. Requires the Secretary of the Interior to take into trust specified real property for the benefit of the Tribe. Makes any real property taken into trust become part of the Tribe's reservation. Sets forth requirements regarding: (1) the initial membership of the Tribe; (2) the interim government of the Tribe; and (3) a constitution for the Tribe.

To reaffirm and clarify the Federal relationship of the Dunlap Band of Mono Indians as a distinct federally recognized Indian Tribe.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Savings for the Uninsured on Rx Expenses (SURE) Act of 2005''. SEC. 2. DRUG DISCOUNT CARD PROGRAM. (a) Establishment.-- (1) In general.--The Secretary of Health and Human Services shall establish a program under this section to endorse prescription drug discount card programs that meet the requirements of this section in order to provide access to prescription drug discounts through prescription drug card sponsors for eligible individuals throughout the United States. The program is modeled on the medicare prescription drug discount card program under section 1860D-31 of the Social Security Act, but without any transitional assistance program as described in subsection (g) of such section. (2) Deadline.--The Secretary shall implement the program under this section so that discount cards are first available by not later than 6 months after the date of the enactment of this Act. (3) Voluntary nature of program.--Nothing in this section shall be construed as requiring an eligible individual to enroll in an endorsed discount card program under this section. (4) Administration.--The Secretary shall provide for the establishment and administration of the program under this section through an office in the Department of Health and Human Services that is separate from the Centers for Medicare & Medicaid Services. The Secretary may promulgate regulations to carry out this section. (b) Definitions.-- (1) Eligible individual.--For purposes of this section, the term ``eligible individual'' means any individual who-- (A) is a citizen or national of the United States or is an alien lawfully admitted to the United States for permanent residence or otherwise permanently residing in the United States under color of law; (B) is not eligible for outpatient prescription drug coverage; and (C) is not eligible to enroll for prescription drug coverage under part D of title XVIII of the Social Security Act. (2) Outpatient prescription drug coverage.--For purposes of paragraph (1)(B), the term ``outpatient prescription drug coverage'' means coverage of prescription drugs on an outpatient basis under health insurance, a group health plan, or other form of health benefits coverage (such as under the Federal employees health benefits program, under the medicaid program or the State children's health insurance program (SCHIP), under a program of the Indian Health Service (IHS), under a program of the Department of Veterans Affairs or the Department of Defense). Such term does not include coverage under a high deductible plan or benefits under a health savings account or flexible spending account. (3) Covered discount card drug.--For purposes of this section, the term ``covered discount card drug'' means at least those drugs that are covered part D drugs under section 1860D- 2(e) of the Social Security Act. (c) Enrollment and Enrollment Fees.--The provisions of subsection (c) of section 1860D-31 of the Social Security Act shall apply under this section in the same manner as they apply under such section, except that-- (1) the enrollment forms shall be such enrollment forms as may be established for purposes of carrying out this section; (2) notwithstanding paragraph (1)(C)(ii) of such subsection, there shall be an annual open enrollment process for eligible individuals; (3) notwithstanding paragraph (2) of such subsection, the annual enrollment fee shall not be prorated for any year and shall continue for each year in which the program is in operation under this section; (4) there shall be no special provisions for transitional assistance for eligible individuals; and (5) the limitation on enrollment before January 1, 2006, under paragraph (1)(A)(ii) of such subsection shall not apply. (d) Provision of Information on Enrollment.--The provisions of subsection (d) of such section shall apply under this section in the same manner as they apply under such section, except that-- (1) the information disseminated shall include information concerning the use of health savings accounts to cover the costs of prescription drugs for which discounts are provided under this section; (2) there shall be a toll-free number, other than the medicare toll-free number, used to carry out paragraph (1)(D) of such subsection; (3) any special provisions relating to transitional assistance for eligible individuals shall not apply; and (4) the information disseminated does not need to include information on medicare options. (e) Discount Card and Eligibility Features; Qualification of Sponsors; Endorsement of Programs; Disclosure and Oversight.-- (1) Application of certain provisions.--The provisions of subsections (e) (other than paragraph (1)(D)), (f), (h) (other than paragraph (9)), and (i) of such section shall apply under this section in the same manner as they apply under such section, except that no provision relating to transitional assistance for eligible individuals shall apply. (2) Requirement for marketing plans.-- The Secretary shall require that sponsors of prescription drug discount card programs demonstrate that they have a marketing plan to reach out effectively to eligible individuals. (3) Additional information.--In addition to the use of information described in subsection (f)(3)(B) of such section for verification of eligibility, the Secretary shall also use-- (A) information on medicare eligibility; and (B) eligibility information made available to the Secretary under arrangements between the Secretary and the Secretaries of Veterans Affairs and Defense in connection with programs of the Departments of Veterans Affairs and Defense. (f) Miscellaneous Provisions.--There shall be no judicial review of a determination not to endorse a prescription drug discount card program or not to enter into a contract with a prescription drug card sponsor under this section.

Savings for the Uninsured on Rx Expenses (SURE) Act of 2005 - Requires the Secretary of Health and Human Services to establish a prescription drug discount card program modeled on the Medicare drug discount card program to provide access to prescription drug discounts for eligible individuals. Defines as "eligible" an individual who: (1) is a U.S. citizen, national, or alien lawfully admitted for permanent residence; (2) is not eligible for outpatient prescription drug coverage; and (3) is not eligible to enroll for prescription drug coverage under part D (Voluntary Prescription Drug Benefit Program) of title XVIII (Medicare) of the Social Security Act. Applies the Medicare drug discount card program requirements related to enrollment and card features, with certain exceptions. Requires a prescription drug card sponsor to disseminate information concerning the use of health savings accounts to cover the costs of prescriptions drugs for which discounts are provided. Directs the Secretary to require that sponsors demonstrate that they have a marketing plan to effectively reach out to eligible individuals. Disallows judicial review of a determination not to endorse a prescription drug discount card program or not to enter into a contract with a sponsor.

To provide for a drug discount program for individuals without prescription drug coverage.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Electric Consumer Right to Know Act'' or the ``e-KNOW Act''. SEC. 2. FINDINGS. Congress finds that-- (1) improving consumers' understanding of and access to the electric energy usage information of the consumers will help consumers more effectively manage usage; (2) consumers have a right of access to the electric energy usage information of the consumers; (3) the right of access to electric energy usage information should be based on the need to have access to the information rather than on a specific type of smart metering technology and, as a result, all usage information platforms can compete and innovation will be fostered; (4) utilities should provide electric energy usage information based on the best capabilities of the metering technology currently deployed in the respective service areas or, on upgrade, based on standards recognized by the National Institute of Standards and Technology; (5) consumers should have the ability to access unaudited usage information directly from the electric meters of the consumers or from sources independent of the electric meters, and from sources independent of the utilities of the consumers; (6) consumers should retain the right to the privacy and security of electric energy usage information of the consumers created through usage; (7) consumers should have the right to control the electric energy usage information of the consumers and the right to privacy for the information when third party aggregators of data are involved in creation, management, or collection of the information; and (8) consumers should have the right to know how the authorized third-party data manager of the consumers will manage the retail electric energy information of the consumers once the manager has accessed the information. SEC. 3. ELECTRIC CONSUMER RIGHT TO ACCESS ELECTRIC ENERGY INFORMATION. (a) In General.--Title II of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 824 et seq.) is amended by adding at the end the following: ``SEC. 215. ELECTRIC CONSUMER RIGHT TO ACCESS ELECTRIC ENERGY INFORMATION. ``(a) Definitions.--In this section: ``(1) Retail electric energy information.--The term `retail electric energy information' means-- ``(A) the electric energy consumption of an electric consumer over a defined time period; ``(B) the retail electric energy prices or rates applied to the electricity usage for the defined time period described in subparagraph (A) for the electric consumer; ``(C) the cost of usage by the consumer, including (if smart meter usage information is available) the estimated cost of usage since the last billing cycle of the consumer; and ``(D) in the case of nonresidential electric meters, any other electrical information that the meter is programmed to record (such as demand measured in kilowatts, voltage, frequency, current, and power factor). ``(2) Smart meter.--Except as provided in subsection (e), the term `smart meter' means the device used by an electric utility that-- ``(A)(i) measures electric energy consumption by an electric consumer at the home or facility of the electric consumer in intervals of 1 hour or less; and ``(ii) is capable of sending electric energy usage information through a communications network to the electric utility; or ``(B) meets the guidelines issued under subsection (h). ``(b) Consumer Rights.-- ``(1) In general.--Each electric consumer in the United States shall have the right to access (and to authorize 1 or more third parties to access) retail electric energy information of the electric consumer in-- ``(A) an electronic form, free of charge, in conformity with nationally recognized open standards developed by a nationally recognized standards organization; and ``(B) a manner that is timely and convenient and provides adequate protections for the security of the information and the privacy of the electric consumer. ``(2) Smart meters.--In the case of an electric consumer that is served by a smart meter that can also communicate energy usage information to a device or network of an electric consumer or a device or network of a third party authorized by the consumer, the consumer shall, at a minimum, have the right to access (and to authorize 1 or more third parties to access) usage information in read-only format directly from the smart meter. ``(3) Provider of information.--The information required under this subsection shall be provided by the electric utility of the consumer or such other entity as may be designated by the applicable electric retail regulatory authority. ``(c) Information.--The right to access retail electric energy information under subsection (b) includes, at a minimum-- ``(1)(A) in the case of an electric consumer that is served by a smart meter, the right to access retail electric energy information-- ``(i) in machine readable form, not more than 48 hours after consumption has occurred; or ``(ii) in accordance with the guidelines issued under subsection (h); or ``(B) in the case of an electric consumer that is not served by a smart meter, the right to access retail electric energy information in machine readable form as expeditiously after the time of receipt in a data center (including information provided by third party services) as is reasonably practicable and as prescribed by the applicable electric retail regulatory authority; and ``(2) except as otherwise provided in subsection (d)-- ``(A) in the case of an electric consumer that is served by a smart meter, data at a granularity that is-- ``(i) not less granular than the intervals at which the data is recorded and stored by the billing meter in use at the premise of the electric consumer; or ``(ii) in accordance with the guidelines issued under subsection (h); and ``(B) in the case of an electric consumer that is not served by a smart meter, data at granularity equal to the data used for billing the electric consumer, or more precise granularity, as prescribed by the applicable electric retail regulatory authority. ``(d) Electric Energy Information Retention.--An electric consumer shall have the right to access the retail electric energy information of the consumer, through the website of the electric utility or other electronic access authorized by the electric consumer, for a period of at least 13 months after the date on which the usage occurred, unless a different period is prescribed by the applicable electric retail regulatory authority. ``(e) Data Security.--Access described in subsection (d) shall not interfere with or compromise the integrity, security, or privacy of the operations of a utility and the electric consumer, in accordance with the guidelines issued by the Commission under subsection (h). ``(f) Cost Recovery.--An electric utility providing retail electric energy information in accordance with otherwise applicable regulation of rates for the retail sale and delivery of electricity may recover in rates the cost of providing the information, if the cost is determined reasonable and prudent by the applicable electric retail regulatory authority. ``(g) Additional Available Information.--The right to access electric energy information shall extend to usage information generated by devices in or on the property of the consumer that is transmitted to the electric utility. ``(h) Guidelines for Electric Consumer Access.-- ``(1) In general.--Not later than 180 days after the date of enactment of this section, the Commission shall (after consultation with State and local regulatory authorities, including the National Association of Regulatory Utility Commissioners, the Secretary of Energy, other appropriate Federal agencies, including the National Institute of Standards and Technology, consumer advocacy groups, utilities, and other appropriate entities, and after notice and opportunity for comment) issue guidelines that establish minimum national standards for implementation of the electric consumer right to access retail electric energy information under subsection (b). ``(2) State and local regulatory action.--In issuing the guidelines, the Commission shall, to the maximum extent practicable, be guided by actions taken by State and local regulatory authorities to ensure electric consumer access to retail electric energy information, including actions taken after consideration of the standard under section 111(d)(17). ``(3) Content.--The guidelines shall provide guidance on issues necessary to carry out this section, including-- ``(A) the timeliness and granularity of retail electric energy information; ``(B) appropriate nationally recognized open standards for data; ``(C) a definition of the term `smart meters'; and ``(D) protection of data security and electric consumer privacy, including consumer consent requirements. ``(4) Revisions.--The Commission shall periodically review and, as necessary, revise the guidelines to reflect changes in technology and the market for electric energy and services. ``(i) Enforcement.-- ``(1) Enforcement by state attorneys general.--If the attorney general of a State, or another official or agency of a State with competent authority under State law, has reason to believe that any electric utility that delivers electric energy at retail in the applicable State is not complying with the minimum standards established by the guidelines under subsection (h), the attorney general, official, or agency of the State, as parens patriae, may bring a civil action against the electric utility, on behalf of the electric consumers receiving retail service from the electric utility, in a district court of the United States of appropriate jurisdiction, to compel compliance with the standards. ``(2) Safe harbor.-- ``(A) In general.--No civil action may be brought against an electric utility under paragraph (1) if the Commission has, during the 2-year period ending on the date of the determination, determined that the electric utility adopted policies, requirements, and measures, as necessary, that comply with the standards established by the guidelines under subsection (h). ``(B) Procedures.--The Commission shall establish procedures to review the policies, requirements, and measures of electric utilities to assess, and issue determinations with regard to, compliance with the standards. ``(3) Effective date.--This subsection takes effect on the date that is 2 years after the date the guidelines under subsection (h) are issued.''. (b) Conforming Amendment.--The table of contents for the Public Utility Regulatory Policies Act of 1978 is amended by adding at the end of the items relating to title II the following: ``Sec. 215. Electric consumer right to access electric energy information.''.

Electric Consumer Right to Know Act or e-KNOW Act - Amends the Public Utility Regulatory Policies Act of 1978 to grant an electric consumer the right to access the consumer's retail electric energy information in an electronic form, free of charge, in conformity with nationally recognized open standards developed by a nationally recognized standards organization, and in a manner that is timely and convenient and that provides adequate protections for the security of the information and the privacy of the electric consumer. Requires such information to be provided by the consumer's retail electricity provider (or such other entity as may be designated by the authority responsible for regulating the retail sale and delivery of electricity to the consumer). Identifies the type of retail electric energy information which the consumer has the right to access, including: (1) the consumer's electric energy consumption over a defined time period, and (2) the prices or rates applied to the consumer's electricity usage for such time period. Prohibits such access from interfering with or compromising the integrity, security, or privacy of the operations of a utility and the electric consumer, in accordance with the guidelines issued by the Federal Energy Regulatory Commission (FERC). Permits a utility providing retail electric energy information to recover in rates the cost of providing the information, if the cost is determined reasonable and prudent by the entity with jurisdiction over metering and retail electric service for the consumer. Directs FERC to: (1) issue guidelines that establish minimum national standards for implementation of the electric consumer right to access retail electric energy information, and (2) be guided by actions taken by state and local regulatory authorities to ensure electric consumer access to such information. Empowers the attorney general, official, or agency of the state, as parens patriae, to bring a civil action in federal district court to compel compliance with such standards.

A bill to amend the Public Utility Regulatory Policies Act of 1978 to provide electric consumers the right to access certain electric energy information, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Senior Safe Act of 2017''. SEC. 2. IMMUNITY. (a) Definitions.--In this Act-- (1) the term ``Bank Secrecy Act officer'' means an individual responsible for ensuring compliance with the requirements mandated by subchapter II of chapter 53 of title 31, United States Code (commonly known as the ``Bank Secrecy Act''); (2) the term ``broker-dealer'' means a broker and a dealer, as those terms are defined in section 3(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)); (3) the term ``covered agency'' means-- (A) a State financial regulatory agency, including a State securities or law enforcement authority and a State insurance regulator; (B) each of the entities represented in the membership of the Federal Financial Institutions Examination Council established under section 1004 of the Federal Financial Institutions Examination Council Act of 1978 (12 U.S.C. 3303); (C) the Securities and Exchange Commission; (D) a securities association registered under section 15A of the Securities Exchange Act of 1934 (15 U.S.C. 78o-3); (E) a law enforcement agency; and (F) a State or local agency responsible for administering adult protective service laws; (4) the term ``covered financial institution'' means-- (A) a credit union; (B) a depository institution; (C) an investment adviser; (D) a broker-dealer; (E) an insurance company; (F) an insurance agency; and (G) a transfer agent; (5) the term ``credit union'' has the meaning given the term in section 2 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5301); (6) the term ``depository institution'' has the meaning given the term in section 3(c) of the Federal Deposit Insurance Act (12 U.S.C. 1813(c)); (7) the term ``exploitation'' means the fraudulent or otherwise illegal, unauthorized, or improper act or process of an individual, including a caregiver or a fiduciary, that-- (A) uses the resources of a senior citizen for monetary or personal benefit, profit, or gain; or (B) results in depriving a senior citizen of rightful access to or use of benefits, resources, belongings, or assets; (8) the term ``insurance agency'' means any business entity that sells, solicits, or negotiates insurance coverage; (9) the term ``insurance company'' has the meaning given the term in section 2(a) of the Investment Company Act of 1940 (15 U.S.C. 80a-2(a)); (10) the term ``insurance producer'' means an individual who is required under State law to be licensed in order to sell, solicit, or negotiate insurance coverage; (11) the term ``investment adviser'' has the meaning given the term in section 202(a) of the Investment Advisers Act of 1940 (15 U.S.C. 80b-2(a)); (12) the term ``investment adviser representative'' means an individual who-- (A) is employed by or associated with an investment adviser; and (B) does not perform solely clerical or ministerial acts; (13) the term ``registered representative'' means an individual who represents a broker-dealer in effecting or attempting to effect a purchase or sale of securities; (14) the term ``senior citizen'' means an individual who is not younger than 65 years of age; (15) the term ``State'' means each of the several States, the District of Columbia, and any territory or possession of the United States; (16) the term ``State insurance regulator'' has the meaning given the term in section 315 of the Gramm-Leach-Bliley Act (15 U.S.C. 6735); (17) the term ``State securities or law enforcement authority'' has the meaning given the term in section 24(f)(4) of the Securities Exchange Act of 1934 (15 U.S.C. 78x(f)(4)); and (18) the term ``transfer agent'' has the meaning given the term in section 3(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)). (b) Immunity From Suit.-- (1) Immunity for individuals.--An individual who has received the training described in section 3 shall not be liable, including in any civil or administrative proceeding, for disclosing the suspected exploitation of a senior citizen to a covered agency if the individual, at the time of the disclosure-- (A) served as a supervisor or compliance officer (including as a Bank Secrecy Act officer) for, or, in the case of a registered representative, investment adviser representative, or insurance producer, was affiliated or associated with, a covered financial institution; and (B) made the disclosure-- (i) in good faith; and (ii) with reasonable care. (2) Immunity for covered financial institutions.--A covered financial institution shall not be liable, including in any civil or administrative proceeding, for a disclosure made by an individual described in paragraph (1) if-- (A) the individual was employed by, or, in the case of a registered representative, insurance producer, or investment adviser representative, affiliated or associated with, the covered financial institution at the time of the disclosure; and (B) before the time of the disclosure, each individual described in section 3(a) received the training described in section 3. (3) Rule of construction.--Nothing in paragraph (1) or (2) shall be construed to limit the liability of an individual or a covered financial institution in a civil action for any act, omission, or fraud that is not a disclosure described in paragraph (1). SEC. 3. TRAINING. (a) In General.--A covered financial institution or a third party selected by a covered financial institution may provide the training described in subsection (b)(1) to each officer or employee of, or registered representative, insurance producer, or investment adviser representative affiliated or associated with, the covered financial institution who-- (1) is described in section 2(b)(1)(A); (2) may come into contact with a senior citizen as a regular part of the professional duties of the individual; or (3) may review or approve the financial documents, records, or transactions of a senior citizen in connection with providing financial services to a senior citizen. (b) Content.-- (1) In general.--The content of the training that a covered financial institution or a third party selected by the covered financial institution may provide under subsection (a) shall-- (A) be maintained by the covered financial institution and made available to a covered agency with examination authority over the covered financial institution, upon request, except that a covered financial institution shall not be required to maintain or make available such content with respect to any individual who is no longer employed by or affiliated or associated with the covered financial institution; (B) instruct any individual attending the training on how to identify and report the suspected exploitation of a senior citizen internally and, as appropriate, to government officials or law enforcement authorities, including common signs that indicate the financial exploitation of a senior citizen; (C) discuss the need to protect the privacy and respect the integrity of each individual customer of the covered financial institution; and (D) be appropriate to the job responsibilities of the individual attending the training. (2) Timing.--The training under subsection (a) shall be provided-- (A) as soon as reasonably practicable; and (B) with respect to an individual who begins employment with or becomes affiliated or associated with a covered financial institution after the date of enactment of this Act, not later than 1 year after the individual becomes employed by or affiliated or associated with the covered financial institution in a position described in paragraph (1), (2), or (3) of subsection (a). (3) Records.--A covered financial institution shall-- (A) maintain a record of each individual who-- (i) is employed by or affiliated or associated with the covered financial institution in a position described in paragraph (1), (2), or (3) of subsection (a); and (ii) has completed the training under subsection (a), regardless of whether the training was-- (I) provided by the covered financial institution or a third party selected by the covered financial institution; (II) completed before the individual was employed by or affiliated or associated with the covered financial institution; and (III) completed before, on, or after the date of enactment of this Act; and (B) upon request, provide a record described in subparagraph (A) to a covered agency with examination authority over the covered financial institution. SEC. 4. RELATIONSHIP TO STATE LAW. Nothing in this Act shall be construed to preempt or limit any provision of State law, except only to the extent that section 2 provides a greater level of protection against liability to an individual described in section 2(b)(1) or to a covered financial institution described in section 2(b)(2) than is provided under State law.

. Senior Safe Act of 2017 (Sec. 2) This bill extends immunity from liability to certain individuals who, in good faith and with reasonable care, disclose the suspected exploitation of a senior citizen to a regulatory or law-enforcement agency. Specifically, this immunity shall apply to certain credit-union, depository-institution, investment-adviser, broker-dealer, transfer-agency, insurance-company, and insurance-agency employees who have received specified training related to identifying and reporting the suspected exploitation of a senior citizen. Similarly, the employing financial institution shall not be liable with respect to disclosures made by such employees. (Sec. 3) The bill allows financial institutions and third-party entities to offer training related to the suspected financial exploitation of a senior citizen to specified employees. The bill provides guidance regarding the content, timing, and record-maintenance requirements of such training.

Senior Safe Act of 2017

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Support Uniformed Patriots; Prevent Offenses and Restore Trust Act'' or the ``SUPPORT Act''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Sexual assault prevention and response training for administrators and instructors of the Reserve Officers' Training Corps. Sec. 3. Strategy to prevent retaliation against members of the Armed Forces who report or intervene on behalf of the victim in instances of sexual assault. Sec. 4. Department of Defense civilian employee access to Special Victims' Counsel. Sec. 5. Improvements to Special Victims' Counsel program. Sec. 6. Improved Department of Defense prevention and response to sexual assaults in which the victim is a male member of the Armed Forces. Sec. 7. Additional guidance regarding the use of mental health records. Sec. 8. Improvements to the implementation of changes to the Uniform Code of Military Justice. SEC. 2. SEXUAL ASSAULT PREVENTION AND RESPONSE TRAINING FOR ADMINISTRATORS AND INSTRUCTORS OF THE RESERVE OFFICERS' TRAINING CORPS. (a) Training and Education Required.--The Secretary of a military department shall ensure that the commander of each unit of the Junior Reserve Officers' Training Corps or Senior Reserve Officers' Training Corps and all Professors of Military Science, senior military instructors, and civilian employees detailed, assigned, or employed as administrators and instructors of the Reserve Officers' Training Corps receive regular sexual assault prevention and response training and education. (b) Availability of Legal Assistance and Sexual Assault Prevention and Response Program Services.--The Secretary of a military department shall ensure that information regarding the availability of legal assistance and the services of the sexual assault prevention and response program of the Department of Defense is made available to the Reserve Officers' Training Corps personnel referred to in subsection (a). SEC. 3. STRATEGY TO PREVENT RETALIATION AGAINST MEMBERS OF THE ARMED FORCES WHO REPORT OR INTERVENE ON BEHALF OF THE VICTIM IN INSTANCES OF SEXUAL ASSAULT. (a) Strategy Required.--The Secretary of Defense shall establish a comprehensive strategy to prevent retaliation carried out by members of the Armed Forces against other members who report or otherwise intervene on behalf of the victim in instances of sexual assault. (b) Elements.--The comprehensive strategy required by subsection (a) shall include, at a minimum, the following: (1) Bystander intervention programs emphasizing the importance of guarding against such retaliation. (2) Department of Defense and military department policies and requirements to ensure protection from retaliation against victims of sexual assault and members who intervene on behalf of a victim. (3) Additional training for commanders on methods and procedures to combat attitudes and beliefs that lead to acts of retaliation by members. (c) Retaliation Described.--For purposes of this section, the term ``retaliation'' has the meaning given that term in the regulations issued by the Secretary of Defense pursuant to section 1709(b)(1) of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113-66; 10 U.S.C. 113 note) and shall include ostracism and other acts of maltreatment designated by the Secretary pursuant to subparagraph (B) of such section. (d) Briefing.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall brief the Committees on Armed Services of the Senate and the House of Representatives on the comprehensive strategy required by subsection (a). SEC. 4. DEPARTMENT OF DEFENSE CIVILIAN EMPLOYEE ACCESS TO SPECIAL VICTIMS' COUNSEL. Section 1044(a) of title 10, United States Code, is amended by adding the following new paragraph: ``(8) In any instance in which the victim of a sex-related offense is a Department of Defense civilian employee, the Secretary of Defense or the Secretary of a military department may waive the limitation outlined in paragraph (7) in order to permit the civilian employee to obtain the services of a Special Victims' Counsel under section 1044e of this title.''. SEC. 5. IMPROVEMENTS TO SPECIAL VICTIMS' COUNSEL PROGRAM. (a) Qualifications and Designation.--Section 1044e(d) of title 10, United States Code, is amended-- (1) by inserting ``(1)'' before ``An individual''; (2) by designating existing paragraphs (1) and (2) as subparagraphs (A) and (B), respectively; and (3) by adding at the end the following new paragraphs: ``(2) The Secretary of Defense shall direct the Secretary of each military department to implement additional selection criteria requiring that judge advocates have adequate criminal justice experience before they are assigned as Special Victims' Counsel. ``(3) The Secretary of Defense shall develop a policy to standardize both the timeframe within which Special Victims' Counsel receive training and the training that each Special Victims' Counsel receives.''. (b) Administrative Responsibility.--Section 1044e(e) of title 10, United States Code, is amended by adding at the end the following new paragraphs: ``(3) The Secretary of Defense shall establish appropriate program performance measures and standards, including evaluating, monitoring, and reporting on the Special Victims' Counsel programs, establishing guiding principles for the military departments, and ensuring centralized, standardized assessment of program effectiveness and client satisfaction. ``(4) The Secretary of Defense shall direct the Secretary of each military department to perform regular evaluations to ensure that Special Victims' Counsel are assigned to locations that maximize the opportunity for face-to-face interactions between counsel and clients and to develop effective means by which a Special Victims' Counsel may communicate with a client when face-to-face communication is not feasible.''. SEC. 6. IMPROVED DEPARTMENT OF DEFENSE PREVENTION AND RESPONSE TO SEXUAL ASSAULTS IN WHICH THE VICTIM IS A MALE MEMBER OF THE ARMED FORCES. (a) Revised Training.--The Secretary of Defense shall direct the Under Secretary of Defense for Personnel and Readiness, in collaboration with the Secretaries of the military services, to revise sexual assault prevention and response training to more comprehensively and directly address the incidence of male servicemembers being sexually assaulted and how certain behavior and activities--like hazing--can constitute a sexual assault. (b) Evaluation of Differences in Medical and Mental Health-Care Needs.--The Secretary of Defense shall direct the Assistant Secretary of Defense for Health Affairs, in collaboration with the services' Surgeons General, to systematically evaluate the extent to which differences exist in the medical and mental health-care needs of male and female sexual assault victims, and the care regimen, if any, that will best meet those needs. (c) Improved Data Collection and Use.--The Secretary of Defense shall direct the Under Secretary of Defense for Personnel and Readiness, in collaboration with the Secretaries of the military services, to develop-- (1) a plan for data-driven decisionmaking for male victim sexual assault prevention and response program efforts; and (2) clear goals with associated metrics to drive the changes needed to address sexual assaults of males. (d) Improved Information to Members.--The Secretary of Defense shall direct the Under Secretary of Defense for Personnel and Readiness, in collaboration with the Secretaries of the military services, to include information about the sexual victimization of males in communications to servicemembers that are used to raise awareness of sexual assault and the department's efforts to prevent and respond to it. (e) Improved Guidelines for Providers.--The Secretary of Defense shall direct the Assistant Secretary of Defense for Health Affairs should, in collaboration with the services' Surgeons General, to develop and issue guidance for the department's medical and mental health providers--and other personnel, as appropriate--based on the results of this evaluation that delineates these gender-specific distinctions and the care regimen that is recommended to most effectively meet those needs. SEC. 7. ADDITIONAL GUIDANCE REGARDING THE USE OF MENTAL HEALTH RECORDS. The Secretary of Defense shall establish and issue uniform guidance to ensure that mental health records are neither sought from a medical treatment facility by investigators or military justice practitioners nor acknowledged or released by medical treatment facility personnel until the production of such mental health records have been ordered by a military judge or Article 32 hearing officer. SEC. 8. IMPROVEMENTS TO THE IMPLEMENTATION OF CHANGES TO THE UNIFORM CODE OF MILITARY JUSTICE. The Secretary of Defense shall examine the Department of Defense and interagency review process for implementing statutory changes to the Uniform Code of Military Justice and should explore options for streamlining these procedures. The Secretary shall adopt procedures that ensure that legal guidance is published as statutory changes to the Uniform Code of Military Justice are implemented.

Support Uniformed Patriots; Prevent Offenses and Restore Trust Act or the SUPPORT Act This bill directs the Secretary of a military department to ensure that: the commander of each unit of the Junior Reserve Officers' Training Corps or Senior Reserve Officers' Training Corps and all professors of military science, senior military instructors, and civilian employees assigned or employed as administrators and instructors of the Reserve Officers' Training Corps receive sexual assault prevention and response training and education; and information regarding legal assistance and the services of the Department of Defense (DOD) sexual assault prevention and response program is made available to such Reserve Officers' Training Corps personnel. The Secretary of DOD (Secretary) shall establish a strategy to prevent retaliation by members of the Armed Forces against other members who report or otherwise intervene on behalf of sexual assault victims. The Secretary or the Secretary of a military department may permit a DOD civilian employee who is a victim of a sex-related offense to obtain the services of a Special Victims' Counsel. The Secretary is directed to improve the Special Victims' Counsel program regarding: (1) criminal justice experience for judge advocates, (2) counsel training, (3) program performance standards, and (4) increased counsel-client communication. The Secretary shall: provide for revised sexual assault prevention and response training to address the incidence of male service members being sexually assaulted, and appropriate DOD mental and medical care (including improved provider guidelines) for male victims; ensure that mental health records are neither sought from a medical treatment facility by investigators or military justice practitioners nor acknowledged or released by medical treatment facility personnel until their production has been ordered by a military judge or Article 32 hearing officer; and examine DOD and interagency review process for implementing statutory changes to the Uniform Code of Military Justice and explore streamlining options.

SUPPORT Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Mortgage Enhancement and Modification Act of 2008''. SEC. 2. SAFE HARBOR FOR QUALIFIED LOAN MODIFICATIONS OR WORKOUT PLANS FOR CERTAIN RESIDENTIAL MORTGAGE LOANS. (a) Standard for Loan Modifications or Workout Plans.--Absent specific contractual provisions to the contrary-- (1) the duty to maximize or not negatively affect, the recovery of total proceeds from pooled residential mortgage loans is owed by a servicer of such pooled loans to the securitization vehicle for the benefit of all investors and holders of beneficial interests in the pooled loans, in the aggregate, and not to any individual party or group of parties; (2) a servicer of pooled residential mortgage loans shall be deemed to be acting on behalf of the securitization vehicle in the best interest of all investors and holders of beneficial interests in the pooled loans, in the aggregate if-- (A) for a loan that is in payment default under the loan agreement or for which payment default is imminent or reasonably foreseeable, the loan servicer makes reasonable and documented efforts, which shall be made available to the investors and holders of beneficial interests in the pooled loans upon request, to implement a modification or workout plan; or (B) the efforts under subparagraph (A) are unsuccessful or such plan would be infeasible, engages in other loss mitigation, including accepting a short payment or partial discharge of principal, or agreeing to a short sale of the property, to the extent that the servicer reasonably believes the modification or workout plan or other mitigation actions will maximize the net present value to be realized on the loans over that which would be realized through foreclosure under the present terms of the contract; and (3) a servicer shall be deemed to be acting on behalf of the securitization vehicle in the best interest of all investors and holders of beneficial interests in the pooled loans, in the aggregate, if the servicer makes efforts-- (A) to proactively contact borrowers that are reasonably considered to be approaching a calendar date in which a predetermined or contractually established rate of interest on the principal of the loan shall-- (i) increase or fluctuate in accordance with a designated market indicator or indicators; or (ii) increase or fluctuate within a predetermined range; and (B) to determine-- (i) the ability of the borrower to make payments following a reset of interest rates using common and appropriate metric standards such as debt to income ratios; (ii) whether the borrower is in danger of default or disclosure; and (iii) whether a loan modification or other mitigation effort is appropriate. (b) Safe Harbor.--Absent specific contractual provisions to the contrary, a servicer of a residential mortgage loan that acts in a manner consistent with the provisions set forth in subsection (a), shall not be liable for entering into a qualified loan modification, or other loss mitigation effort described in subsection (a) to-- (1) any person, based on that person's ownership of a residential mortgage loan or any interest in a pool of residential mortgage loans or in securities that distribute payments out of the principal, interest, and other payments in loans on the pool; (2) any person who is obligated to make payments determined in reference to any loan or any interest referred to in paragraph (1); (3) any person that insures any loan or any interest referred to in paragraph (1) under any law or regulation of the United States or any law or regulation of any State or political subdivision of any State; or (4) any other person or institution that may have a financial or commercial relationship and association with the persons associated in paragraphs (1) through (3). (c) Rule of Construction.--No provision of this section shall be construed as limiting the ability of a servicer to enter into loan modifications or workout plans other than qualified loan modification or workout plans. (d) Definitions.--As used in this section, the following definitions shall apply: (1) Qualified loan modification or workout plan.--The term ``qualified loan modification or workout plan'' means a modification or plan that-- (A) is scheduled to remain in place until the borrower sells or refinances the property, or for at least 5 years from the date of adoption of the plan, whichever is sooner; (B) does not provide for a repayment schedule that results in negative amortization at any time; (C) does not require the borrower to pay additional points and fees; (D) materially improves the ability of the borrower to-- (i) prevent foreclosure; and (ii) resume a reasonable repayment schedule based on, but not limited to, debt to income ratio; and (E) would reasonably reduce the likelihood of default of foreclosure during the life of the modification or plan; (F) may waive any prepayment penalties that reasonably inhibited a loan holder from fulfilling his ability to pay down the principal or maintain regular payments as defined by the terms of the loan; and (G) includes full and accurate disclosure to the borrower of the terms of the modification or workout plan, provided that such disclosures are executed in easy to understand terms that demonstrate how the borrower will benefit from the new terms in such modification or workout plan as compared with the terms and conditions of the previous loan of the borrower. (2) Residential mortgage loan.--The term ``residential mortgage loan'' means a loan that is secured by a lien on an owner-occupied residential dwelling. (3) Securitization vehicle.--The term ``securitization vehicle'' means a trust, corporation, partnership, limited liability entity, special purpose entity, or other structure that-- (A) is the issuer, or is created by the issuer, of mortgage pass-through certificates, participation certificates, mortgage-backed securities, or other similar securities backed by a pool of assets that includes residential mortgage loans; and (B) holds such loans. (e) Limitations on Safe Harbor.--Except for the provisions of section 2 that limit liability for efforts to pursue qualified loan modifications or workout plans, the provisions of this section shall not be construed to affect or limit any other liability, duty, or other fiduciary obligation of the servicer to the investors and holders of beneficial interests in the pooled loans to a securitization vehicle, as prescribed by any other specific contractual provision agreed upon, or any other liability, duty, or other fiduciary obligation set forth under any-- (1) law or regulation of the United States; (2) law or regulation of any State or political subdivision of any State; or (3) established and approved standards for best practices of any industry or trade group. (f) Effective Period.--This section shall apply only with respect to qualified loan modification or workout plans initiated prior to January 1, 2012.

Mortgage Enhancement and Modification Act of 2008 - Establishes a standard for loan modifications or workout plans for pools of certain residential mortgage loans. States that a servicer of such pooled loans owes a duty to the securitization vehicle to maximize, or not negatively affect, the recovery of total proceeds from such loans for the benefit of all investors and holders of beneficial interests in the pooled loans, in the aggregate, and not to any individual party or group of parties. Deems the loan servicer to be acting on behalf of the securitization vehicle in the best interest of all such investors and holders if the servicer: (1) makes reasonable, documented efforts to implement a modification or workout plan for a loan in or facing payment default; or (2) engages in other loss mitigation efforts, if the former efforts fail or the plan would be infeasible, in the reasonable belief that such efforts will maximize the net present value to be realized over that which would be realized through foreclosure. Declares, furthermore, that a servicer shall be deemed to be acting on behalf of the securitization vehicle in the best interest of all investors and beneficial interest holders if the servicer makes efforts to: (1) contact proactively borrowers approaching a calendar date in which a predetermined or contractually established rate of interest shall increase or fluctuate in accordance with specified indicators or within a predetermined range; and (2) determine the borrower's ability to make payments following a reset of interest rates, whether the borrower is in danger of default or disclosure, and whether a loan modification or other mitigation effort is appropriate. Declares that, absent specific contractual provisions to the contrary, a servicer acting in a manner consistent with such duty shall not be liable to specified persons for entering into a qualified loan modification or workout plan for loss mitigation purposes.

A bill to help families avoid foreclosure and stay in their homes by encouraging reasonable and responsible modifications for unworkable and impractical mortgage loans, and to help preserve the rights of investors by reaffirming the basic obligations of their investment agents to achieve the most beneficial outcomes for their clients and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fairness in the Workplace Commission Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) Workers are not achieving wage and benefit increases commensurate with corporate profits and sustained economic expansion. While the median wage for workers fell 8 percent in real terms during the business cycle peaks from 1979 through 1996, after-tax corporate profit rates grew 66 percent. (2) The wage gap between men and women has increased in the last 4 years, reversing a 20 year trend in which that gap had narrowed. (3) Despite a significant degree of closing the education gap between minority and white Americans, wage gaps between these groups persist and for some minority groups have been expanded. (4) Over the period of 1979 through 1996, workers have experienced a heightened sense of job insecurity due to corporate downsizing, deregulation of key industries, new technology, and foreign competition. (5) The last decade has seen a growth in the use of part- time and temporary workers. (6) Insufficient research has been done to determine the extent and the impact of the use of part-time workers and the failure of wages, especially for female workers, to keep pace with economic growth and corporate profits. SEC. 3. ESTABLISHMENT. (a) In General.--There is established the National Commission on Fairness in the Workplace (hereafter in this Act referred to as the ``Commission''). (b) Member Authority.--Any member or agent of the Commission may, if authorized by the Commission, take any action which the Commission is authorized to take by this Act. (c) Chairperson, Vice Chairperson.--The Chairperson of the Commission shall be designated by the President at the time of appointment. The Vice Chairperson shall be elected by the members of the Commission. The term of office of the Chairperson and the vice Chairperson shall be the life of the Commission. (d) Termination.--The Commission shall cease to exist upon the expiration of 18 months after the date of the enactment of this Act. SEC. 4. COMMISSION DUTY. (a) In General.--The Commission shall examine-- (1) the growing corporate practice of providing wages and benefit levels for part-time and temporary employees which are lower than the wage and benefit levels provided to full-time employees who perform essentially identical work; (2) how the use of part-time and temporary employees has affected wage and benefit levels, employee job insecurity, and employee productivity; (3) the reasons that workers' wages have not kept pace with corporate profits and economic growth; (4) the reasons for the widening median wage gap between working men and working women; and (5) the reasons for the consistent discrepancy in the average wage of minority populations in comparison to the average wage of white Americans. At the conclusion of the examination, the Commission shall develop policy options for the Congress to address the problems identified in the examination. (b) Scope.--The Commission shall conduct its examination with respect to the States and Guam, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, and the Commonwealth of the Northern Marianas Islands. (c) Definition.--As used in section 2 and this section, the term ``minority populations'' means Blacks (not of Hispanic origin), Hispanics, Asians, Pacific Islanders, American Indians, and Alaskan natives. SEC. 5. MEMBERSHIP. (a) Appointment.--Within 60 days of the date of the enactment of this Act, the Commission shall be composed of 14 members appointed as follows: (1) 6 members appointed by the President of which 2 shall be from the executive branch and 4 representatives from either labor, business management, or academia. (2) 2 members appointed by the Majority Leader of the Senate of which one shall be a member of the Senate and one shall be from private life. (3) 2 members appointed by the Minority Leader of the Senate of which one shall be a member of the Senate and one shall be from private life. (4) 2 members appointed by the Speaker of the House of Representatives of which one shall be a member of the House of Representatives and one shall be from private life. (5) 2 members appointed by the Minority Leader of the House of Representatives of which one shall be a member of the House of Representatives and one shall be from private life. The Secretary of Labor shall be an ex-officio member of the Commission. (b) Waiver of Limitation on Executive Schedule Positions.-- Appointments may be made under subsection (a) without regard to section 5311(b) of title 5, United States Code. (c) Terms.--Each member shall be appointed for the life of the Commission. (d) Rates of pay.-- (1) In general.--Except as provided in paragraph (2), members shall each be paid at a rate not to exceed the rate of basic pay for GS-15 of the General Schedule for each day (including travel time) during which they are engaged in the actual performance of duties vested in the Commission. (2) Prohibition of compensation of members and federal employees.--Members of the Commission who are Members of the Senate or the House of Representatives or full-time officers or employees 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 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. GENERAL AUTHORITY OF THE COMMISSION. (a) Hearings and Sessions.--The Commission may, for the purpose of carrying out this Act, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate. The Commission may administer oaths or affirmations to witnesses appearing before it. (b) Meetings.--The Commission shall meet monthly or at the call of the chairperson or a majority of its members. (c) Staff.--The Commission shall appoint a staff. (d) Experts and Consultants.--Subject to rules prescribed by the Commission, the Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, but at rates for individuals not to exceed the daily equivalent of the minimum annual rate of basic pay payable for GS-15 of the General Schedule. (e) Staff of Federal Agencies.--Upon request of the Commission, the head of any Federal department or agency may detail, on a reimbursable basis, any of the personnel of that department or agency to the Commission to assist it in carrying out its duties under this Act. (f) Obtaining Official Data.--The Commission may secure directly from any department or agency of the United States information necessary to enable it to carry out this Act. Upon request of the Commission, the head of that department or agency shall furnish that information to the Commission. (g) Contract Authority.--The Commission may contract with and compensate government and private agencies or persons for research and other services without regard to section 3709 of the Revised Statutes (41 U.S.C. 5). (h) Mails.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. (i) Administrative Support Services.--Upon the request of the Commission, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, the administrative support services necessary for the Commission to carry out its responsibilities under this Act. (j) Subpoena Power.-- (1) In general.--The Commission may issue subpoenas requiring the attendance and testimony of witnesses and the production of any evidence relating to any matter under investigation by the Commission. The attendance of witnesses and the production of evidence may be required from any place within the United States at any designated place of hearing within the United States. (2) Failure to obey a subpoena.--If a person refuses to obey a subpoena issued under paragraph (1), the Commission may apply to a United States district court for an order requiring that person to appear before the Commission to give testimony, produce evidence, or both, relating to the matter under investigation. The application may be made within the judicial district where the hearing is conducted or where that person is found, resides, or transacts business. Any failure to obey the order of the court may be punished by the court as civil contempt. (3) Service of subpoenas.--The subpoenas of the Commission shall be served in the manner provided for subpoenas issued by a United States district court under the Federal Rules of Civil Procedure for the United States district courts. (4) Service of process.--All process of any court to which application is to be made under paragraph (2) may be served in the judicial district in which the person required to be served resides or may be found. SEC. 7. REPORT. The Commission shall report its findings and policy options developed under section 4 to the Congress not later than 30 days after the termination date of the Commission, together with its recommendations for legislation and administrative actions the Commission considers appropriate.

Fairness in the Workplace Commission Act - Establishes the National Commission on Fairness in the Workplace, which shall examine and report to the Congress on: (1) the growing corporate practice of providing wages and benefit levels for part-time and temporary employees which are lower than the wage and benefit levels provided to full-time employees who perform essentially identical work; (2) how the use of part-time and temporary employees has affected wage and benefit levels, employee job insecurity, and employee productivity; (3) the reasons that workers' wages have not kept pace with corporate profits and economic growth; (4) the reasons for the widening median wage gap between working men and working women; and (5) the reasons for the consistent discrepancy in the average wage of minority populations in comparison to the average wage of white Americans. Requires the Commission to develop policy options for the Congress to address the problems identified in the examination.

Fairness in the Workplace Commission Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Abandoned and Derelict Vessel Removal Act of 1997''. SEC. 2. DEFINITIONS. In this Act, the following definitions apply: (1) Abandon.--The term ``abandon'' means to moor, strand, wreck, sink, or leave a vessel unattended for longer than 45 days. (2) Navigable waters of the united states.--The term ``navigable waters of the United States'' means waters of the United States, including the territorial sea. (3) Removal; remove.--The term ``removal'' or ``remove'' means relocation, sale, scrapping, or other method of disposal. (4) Secretary.--The term ``Secretary'' means the Secretary of the Army. (5) Vessel.--the term ``vessel'' includes recreational, commercial, and government-owned vessels but does not include vessels operated by the Coast Guard or the Navy. (6) Vessel removal contractor.--The term ``vessel removal contractor'' means a person that enters into a contract with the United States to remove an abandoned vessel under this Act. SEC. 3. ABANDONMENT OF VESSEL PROHIBITED. An owner or operator of a vessel may not abandon it on the navigable waters of the United States. A vessel is deemed not to be abandoned if-- (1) it is located at a federally or State-approved mooring area; (2) it is on private property with the permission of the owner of the property; or (3) the owner or operator notifies the Secretary that the vessel is not abandoned and the location of the vessel. SEC. 4. PENALTY FOR UNLAWFUL ABANDONMENT OF VESSEL. Thirty days after the notification procedures under section 5(a)(1) are completed, the Secretary may assess a civil penalty of not more than $500 for each day of the violation against an owner or operator that violates section 3. A vessel with respect to which a penalty is assessed under this Act is liable in rem for the penalty. SEC. 5. REMOVAL OF ABANDONED VESSELS. (a) Procedures.-- (1) In general.--The Secretary, in cooperation with the Commandant of the Coast Guard, may remove a vessel that is abandoned if-- (A) an elected official of a local government has notified the Secretary of the vessel and requested that the Secretary remove the vessel; and (B) the Secretary has provided notice to the owner or operator-- (i) that if the vessel is not removed it will be removed at the owner or operator's expense; and (ii) of the penalty under section 4. (2) Form of notice.--The notice to be provided to an owner or operator under paragraph (1)(B) shall be-- (A) if the identity of the owner or operator can be determined, via certified mail; and (B) if the identity of the owner or operator cannot be determined, via an announcement in a notice to mariners and in an official journal of the county (or other equivalent political subdivision) in which the vessel is located. (3) Limitation on liability of united states.--The United States, and any officer or employee of the United States is not liable to an owner or operator for damages resulting from removal of an abandoned vessel under this Act. (b) Liability of Owner or Operator.--The owner or operator of an abandoned vessel is liable, and an abandoned vessel is liable in rem, for all expenses that the United States incurs in removing the abandoned vessel under this Act. (c) Contracting Out.-- (1) Solicitation of bids.--The Secretary may, after providing notice under subsection (a)(1), solicit by public advertisement sealed bids for the removal of an abandoned vessel. (2) Contract.--After solicitation under paragraph (1) the Secretary may award a contract. The contract-- (A) may be subject to the condition that the vessel and all property on the vessel is the property of the vessel removal contractor; and (B) must require the vessel removal contractor to submit to the Secretary a plan for the removal. (3) Commencement date for removal.--Removal of an abandoned vessel may begin 30 days after the Secretary completes the procedures under subsection (a)(1). SEC. 6. LIABILITY OF VESSEL REMOVAL CONTRACTORS. A vessel removal contractor and its subcontractor are not liable for damages that result from actions taken or omitted to be taken in the course of removing a vessel under this Act. This section does not apply-- (1) with respect to personal injury or wrongful death; or (2) if the contractor or subcontractor is grossly negligent or engages in willful misconduct. SEC. 7. RELATIONSHIP TO STATE LAW. This Act shall not be construed to preempt any provision of the laws of any State or local government that provides greater protection against the abandonment of vessels or that better ensures the removal of abandoned vessels. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to carry out this Act such sums as may be necessary for fiscal years beginning after September 30, 1997. Such funds shall remain available until expended.

Abandoned and Derelict Vessel Removal Act of 1997 - Prohibits an owner or operator from abandoning a vessel on the navigable waters of the United States. Authorizes the Secretary of the Army to assess a civil penalty for each day of violation. Sets forth abandoned vessels' removal procedures, and liability guidelines for vessel removal contractors. Declares that this Act does not preempt State or local laws that either provide greater protection against abandonment, or better ensure such vessels' removal. Authorizes appropriations.

Abandoned and Derelict Vessel Removal Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Acquisition Improvement Act of 2011''. SEC. 2. ACQUISITION WORKFORCE IMPROVEMENTS. (a) Workforce Improvements.--Section 1704(b) of title 41, United States Code, is amended-- (1) by inserting after the first sentence the following: ``The Associate Administrator shall be chosen on the basis of demonstrated knowledge and expertise in acquisition, human capital, and management.''; (2) by striking ``The Associate Administrator for Acquisition Workforce Programs shall be located in the Federal Acquisition Institute (or its successor).'' and inserting ``The Associate Administrator shall be located in the Office of Federal Procurement Policy.''; (3) in paragraph (4), by striking ``; and'' and inserting a semicolon; (4) by redesignating paragraph (5) as paragraph (6); and (5) by inserting after paragraph (4) the following new paragraph: ``(5) implementing workforce programs under subsections (f) through (k) of section 1703 of this title; and''. (b) Federal Acquisition Institute.-- (1) In general.--Division B of title 41, United States Code, is amended by inserting after chapter 11 the following new chapter: ``CHAPTER 12--FEDERAL ACQUISITION INSTITUTE ``Sec. ``1201. Federal Acquisition Institute. ``Sec. 1201. Federal Acquisition Institute ``(a) In General.--There is established a Federal Acquisition Institute (FAI) in order to-- ``(1) foster and promote the development of a professional acquisition workforce Government-wide; ``(2) promote and coordinate Government-wide research and studies to improve the procurement process and the laws, policies, methods, regulations, procedures, and forms relating to acquisition by the executive agencies; ``(3) collect data and analyze acquisition workforce data from the Office of Personnel Management, the heads of executive agencies, and, through periodic surveys, from individual employees; ``(4) periodically analyze acquisition career fields to identify critical competencies, duties, tasks, and related academic prerequisites, skills, and knowledge; ``(5) coordinate and assist agencies in identifying and recruiting highly qualified candidates for acquisition fields; ``(6) develop instructional materials for acquisition personnel in coordination with private and public acquisition colleges and training facilities; ``(7) evaluate the effectiveness of training and career development programs for acquisition personnel; ``(8) promote the establishment and utilization of academic programs by colleges and universities in acquisition fields; ``(9) facilitate, to the extent requested by agencies, interagency intern and training programs; and ``(10) perform other career management or research functions as directed by the Administrator. ``(b) Budget Resources and Authority.-- ``(1) In general.--The Director of the Office of Management and Budget and the Administrator of General Services shall provide the Federal Acquisition Institute with the necessary budget resources and authority to support government-wide training standards and certification requirements necessary to enhance the mobility and career opportunities of the Federal acquisition workforce. ``(2) Acquisition workforce training fund.--Subject to the availability of funds, the Administer of General Services shall provide the Federal Acquisition Institute with amounts from the acquisition workforce training fund established under section 1703(i) of this title sufficient to meet the annual budget for the Federal Acquisition Institute requested by the Administrator for Federal Procurement Policy. ``(c) Federal Acquisition Institute Board of Directors.-- ``(1) Reporting to administrator.--The Federal Acquisition Institute shall report through its Board of Directors directly to the Administrator for Federal Procurement Policy. ``(2) Composition.--The Board shall be composed of not more than 8 individuals from the Federal Government representing a mix of acquisition functional areas, all of whom shall be appointed by the Administrator. ``(3) Duties.--The Board shall provide general direction to the Federal Acquisition Institute to ensure that the Institute-- ``(A) meets its statutory requirements; ``(B) meets the needs of the Federal acquisition workforce; ``(C) implements appropriate programs; ``(D) coordinates with appropriate organizations and groups that have an impact on the Federal acquisition workforce; ``(E) develops and implements plans to meet future challenges of the Federal acquisition workforce; and ``(F) works closely with the Defense Acquisition University. ``(4) Recommendations.--The Board shall make recommendations to the Administrator regarding the development and execution of the annual budget of the Federal Acquisition Institute. ``(d) Director.--The Director of the Federal Acquisition Institute shall be appointed by, and report directly to, the Administrator. ``(e) Annual Report.--The Administrator shall submit to the Committee on Homeland Security and Governmental Affairs and the Committee on Appropriations of the Senate and the Committee on Oversight and Government Reform and the Committee on Appropriations of the House of Representatives an annual report on the projected budget needs and expense plans of the Federal Acquisition Institute to fulfill its mandate.''. (2) Conforming amendment.--Section 1122(a)(5) of such title is amended to read as follows: ``(5) providing for and directing the activities of the Federal Acquisition Institute established under section 1201 of this title, including recommending to the Administrator of General Services a sufficient budget for such activities.''. (c) Government-Wide Training Standards and Certification.--Section 1703 of title 41, United States Code, is amended-- (1) in subsection (c)(2)-- (A) by striking ``The Administrator shall'' and inserting the following: ``(A) In general.--The Administrator shall''; and (B) by adding at the end the following: ``(B) Government-wide training standards and certification.--The Administrator, acting through the Federal Acquisition Institute, shall provide and update government-wide training standards and certification requirements, including-- ``(i) developing and modifying acquisition certification programs; ``(ii) ensuring quality assurance for agency implementation of government-wide training and certification standards; ``(iii) analyzing the acquisition training curriculum to ascertain if all certification competencies are covered or if adjustments are necessary; ``(iv) developing career path information for certified professionals to encourage retention in government positions; ``(v) coordinating with the Office of Personnel Management for human capital efforts; and ``(vi) managing rotation assignments to support opportunities to apply skills included in certification.''; and (2) by adding at the end the following new subsection: ``(l) Acquisition Internship and Training Programs.--All Federal civilian agency acquisition internship or acquisition training programs shall follow guidelines provided by the Office of Federal Procurement Policy to ensure consistent training standards necessary to develop uniform core competencies throughout the Federal Government.''. (d) Expanded Scope of Acquisition Workforce Training Fund.--Section 1703(i) of such title is amended-- (1) in paragraph (2), by striking ``to support the training of the acquisition workforce of the executive agencies'' and inserting ``to support the activities set forth in section 1201(a) of this title''; and (2) in paragraph (6), by striking ``ensure that amounts collected for training under this subsection are not used for a purpose other than the purpose specified in paragraph (2)'' and inserting ``ensure that amounts collected under this section are not used for a purpose other than the activities set forth in section 1201(a) of this title''. (e) Rule of Construction.--Nothing in this section, or the amendments made by this section, shall be construed to preclude the Secretary of Defense from establishing acquisition workforce policies, procedures, training standards, and certification requirements for acquisition positions in the Department of Defense, as provided in chapter 87 of title 10, United States Code.

Federal Acquisition Improvement Act of 2011 - Amends the National Defense Authorization Act for Fiscal Year 2008 to provide that the Associate Administrator for Acquisition Workforce Programs shall: (1) be chosen on the basis of demonstrated knowledge and expertise in acquisition, human capital, and management; (2) be located in the Office of Federal Procurement Policy; and (3) implement acquisition workforce programs. Establishes a Federal Acquisition Institute (FAI) and enumerates its purposes with respect to the development of a professional acquisition workforce. Requires: (1) the Director of the Office of Management and Budget (OMB) and the Administrator of General Services (GSA) to provide FAI with the necessary budget resources and authority to support government-wide training standards and certification requirements necessary to enhance the mobility and career opportunities of the federal acquisition workforce, and (2) the GSA Administrator to provide FAI with amounts from the acquisition training fund sufficient to meet the annual budget for FAI requested by the Administrator for Federal Procurement Policy. Directs: (1) the Administrator for Federal Procurement Policy, acting through FAI, to provide and update government-wide training standards and certification requirements; and (2) all federal civilian agency acquisition internship or acquisition training programs to follow guidelines provided by the Office of Federal Procurement Policy to ensure consistent training standards necessary to develop uniform core competencies throughout the federal government. Directs the GSA Administrator to manage the acquisition workforce training fund through FAI to support FAI activities and to ensure that funds collected are only used for such purposes.

To improve the Federal Acquisition Institute.

SECTION 1. TABLE OF CONTENTS. The table of contents for this Act is as follows: Sec. 1. Table of contents. TITLE I--SHARK CONSERVATION ACT OF 2010 Sec. 101. Short title. Sec. 102. Amendment of the High Seas Driftnet Fishing Moratorium Protection Act. Sec. 103. Amendment of Magnuson-Stevens Fishery Conservation and Management Act. Sec. 104. Offset of implementation cost. TITLE II--INTERNATIONAL FISHERIES AGREEMENT Sec. 201. Short title. Sec. 202. International Fishery Agreement. Sec. 203. Application with other laws. Sec. 204. Effective date. TITLE III--MISCELLANEOUS Sec. 301. Technical corrections to the Western and Central Pacific Fisheries Convention Implementation Act. Sec. 302. Pacific Whiting Act of 2006. Sec. 303. Replacement vessel. TITLE I--SHARK CONSERVATION ACT OF 2010 SEC. 101. SHORT TITLE. This title may be cited as the ``Shark Conservation Act of 2010''. SEC. 102. AMENDMENT OF HIGH SEAS DRIFTNET FISHING MORATORIUM PROTECTION ACT. (a) Actions to Strengthen International Fishery Management Organizations.--Section 608 of the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826i) is amended-- (1) in paragraph (1)-- (A) in subparagraph (D), by striking ``and'' at the end; (B) in subparagraph (E), by inserting ``and'' after the semicolon; and (C) by adding at the end the following: ``(F) to adopt shark conservation measures, including measures to prohibit removal of any of the fins of a shark (including the tail) and discarding the carcass of the shark at sea;''; (2) in paragraph (2), by striking ``and'' at the end; (3) by redesignating paragraph (3) as paragraph (4); and (4) by inserting after paragraph (2) the following: ``(3) seeking to enter into international agreements that require measures for the conservation of sharks, including measures to prohibit removal of any of the fins of a shark (including the tail) and discarding the carcass of the shark at sea, that are comparable to those of the United States, taking into account different conditions; and''. (b) Illegal, Unreported, or Unregulated Fishing.--Subparagraph (A) of section 609(e)(3) of the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826j(e)(3)) is amended-- (1) by striking the ``and'' before ``bycatch reduction requirements''; and (2) by striking the semicolon at the end and inserting ``, and shark conservation measures;''. (c) Equivalent Conservation Measures.-- (1) Identification.--Subsection (a) of section 610 of the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826k) is amended-- (A) in the matter preceding paragraph (1), by striking ``607, a nation if--'' and inserting ``607--''; (B) in paragraph (1)-- (i) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively; and (ii) by moving clauses (i) and (ii) (as so redesignated) 2 ems to the right; (C) by redesignating paragraphs (1) through (3) as subparagraphs (A) through (C), respectively; (D) by moving subparagraphs (A) through (C) (as so redesignated) 2 ems to the right; (E) by inserting before subparagraph (A) (as so redesignated) the following: ``(1) a nation if--''; (F) in subparagraph (C) (as so redesignated) by striking the period at the end and inserting ``; and''; and (G) by adding at the end the following: ``(2) a nation if-- ``(A) fishing vessels of that nation are engaged, or have been engaged during the preceding calendar year, in fishing activities or practices in waters beyond any national jurisdiction that target or incidentally catch sharks; and ``(B) the nation has not adopted a regulatory program to provide for the conservation of sharks, including measures to prohibit removal of any of the fins of a shark (including the tail) and discarding the carcass of the shark at sea, that is comparable to that of the United States, taking into account different conditions.''. (2) Initial identifications.--The Secretary of Commerce shall begin making identifications under paragraph (2) of section 610(a) of the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826k(a)), as added by paragraph (1)(G), not later than 1 year after the date of the enactment of this Act. SEC. 103. AMENDMENT OF MAGNUSON-STEVENS FISHERY CONSERVATION AND MANAGEMENT ACT. (a) In General.--Paragraph (1) of section 307 of Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1857) is amended-- (1) by amending subparagraph (P) to read as follows: ``(P)(i) to remove any of the fins of a shark (including the tail) at sea; ``(ii) to have custody, control, or possession of any such fin aboard a fishing vessel unless it is naturally attached to the corresponding carcass; ``(iii) to transfer any such fin from one vessel to another vessel at sea, or to receive any such fin in such transfer, without the fin naturally attached to the corresponding carcass; or ``(iv) to land any such fin that is not naturally attached to the corresponding carcass, or to land any shark carcass without such fins naturally attached;''; and (2) by striking the matter following subparagraph (R) and inserting the following: ``For purposes of subparagraph (P), there shall be a rebuttable presumption that if any shark fin (including the tail) is found aboard a vessel, other than a fishing vessel, without being naturally attached to the corresponding carcass, such fin was transferred in violation of subparagraph (P)(iii) or that if, after landing, the total weight of shark fins (including the tail) landed from any vessel exceeds five percent of the total weight of shark carcasses landed, such fins were taken, held, or landed in violation of subparagraph (P). In such subparagraph, the term `naturally attached', with respect to a shark fin, means attached to the corresponding shark carcass through some portion of uncut skin.''. (b) Savings Clause.-- ``(1) In general.--The amendments made by subsection (a) do not apply to an individual engaged in commercial fishing for smooth dogfish (Mustelus canis) in that area of the waters of the United States located shoreward of a line drawn in such a manner that each point on it is 50 nautical miles from the baseline of a State from which the territorial sea is measured, if the individual holds a valid State commercial fishing license, unless the total weight of smooth dogfish fins landed or found on board a vessel to which this subsection applies exceeds 12 percent of the total weight of smooth dogfish carcasses landed or found on board. (2) Definitions.--In this subsection: (A) Commercial fishing.--The term ``commercial fishing'' has the meaning given that term in section 3 of the Magnuson- Stevens Fishery Conservation and Management Act (16 U.S.C. 1802). (B) State.--The term ``State'' has the meaning given that term in section 803 of Public Law 103-206 (16 U.S.C. 5102). SEC. 104. OFFSET OF IMPLEMENTATION COST. Section 308(a) of the Interjurisdictional Fisheries Act of 1986 (16 U.S.C. 4107(a)) is amended by striking ``2012.'' and inserting ``2010, and $2,500,000 for each of fiscal years 2011 and 2012.''. TITLE II--INTERNATIONAL FISHERIES AGREEMENT SEC. 201. SHORT TITLE. This title may be cited as the ``International Fisheries Agreement Clarification Act''. SEC. 202. INTERNATIONAL FISHERY AGREEMENT. Consistent with the intent of provisions of the Magnuson-Stevens Fishery and Conservation and Management Act relating to international agreements, the Secretary of Commerce and the New England Fishery Management Council may, for the purpose of rebuilding those portions of fish stocks covered by the United States-Canada Transboundary Resource Sharing Understanding on the date of enactment of this Act-- (1) take into account the Understanding and decisions made under that Understanding in the application of section 304(e)(4)(A)(i) of the Act (16 U.S.C. 1854(e)(4)(A)(i)); (2) consider decisions made under that Understanding as ``management measures under an international agreement'' that ``dictate otherwise'' for purposes of section 304(e)(4)(A)(ii) of the Act (16 U.S.C. 1854(e)(4)(A)(ii); and (3) establish catch levels for those portions of fish stocks within their respective geographic areas covered by the Understanding on the date of enactment of this Act that exceed the catch levels otherwise required under the Northeast Multispecies Fishery Management Plan if-- (A) overfishing is ended immediately; (B) the fishing mortality level ensures rebuilding within a time period for rebuilding specified taking into account the Understanding pursuant to paragraphs (1) and (2) of this subsection; and (C) such catch levels are consistent with that Understanding. SEC. 203. APPLICATION WITH OTHER LAWS. Nothing in this title shall be construed to amend the Magnuson- Stevens Fishery Conservation and Management Act (16 U.S.C. 1851 et seq.) or to limit or otherwise alter the authority of the Secretary of Commerce under that Act concerning other species. SEC. 204. EFFECTIVE DATE. (a) In General.--Except as provided in subsection (b), section 202 shall apply with respect to fishing years beginning after April 30, 2010. (b) Special Rule.--Section 202(3)(B) shall only apply with respect to fishing years beginning after April 30, 2012. TITLE III--MISCELLANEOUS SEC. 301. TECHNICAL CORRECTIONS TO THE WESTERN AND CENTRAL PACIFIC FISHERIES CONVENTION IMPLEMENTATION ACT. Section 503 of the Western and Central Pacific Fisheries Convention Implementation Act (16 U.S.C. 6902) is amended-- (1) by striking ``Management Council and'' in subsection (a) and inserting ``Management Council, and one of whom shall be the chairman or a member of''; (2) by striking subsection (c)(1) and inserting the following: ``(1) Employment status.--Individuals serving as such Commissioners, other than officers or employees of the United States Government, shall not be considered Federal employees except for the purposes of injury compensation or tort claims liability as provided in chapter 81 of title 5, United States Code, and chapter 171 of title 28, United States Code.''; and (3) by striking subsection (d)(2)(B)(ii) and inserting the following: ``(ii) shall not be considered Federal employees except for the purposes of injury compensation or tort claims liability as provided in chapter 81 of title 5, United States Code, and chapter 171 of title 28, United States Code.''. SEC. 302. PACIFIC WHITING ACT OF 2006. (a) Scientific Experts.--Section 605(a)(1) of the Pacific Whiting Act of 2006 (16 U.S.C. 7004(a)(1)) is amended by striking ``at least 6 but not more than 12'' inserting ``no more than 2''. (b) Employment Status.--Section 609(a) of the Pacific Whiting Act of 2006 (16 U.S.C. 7008(a)) is amended to read as follows: ``(a) Employment Status.--Individuals appointed under section 603, 604, 605, or 606 of this title, other than officers or employees of the United States Government, shall not be considered to be Federal employees while performing such service, except for purposes of injury compensation or tort claims liability as provided in chapter 81 of title 5, United States Code, and chapter 171 of title 28, United States Code.''. SEC. 303. REPLACEMENT VESSEL. Notwithstanding any other provision of law, the Secretary of Commerce may promulgate regulations that allow for the replacement or rebuilding of a vessel qualified under subsections (a)(7) and (g)(1)(A) of section 219 of the Department of Commerce and Related Agencies Appropriations Act, 2005 (Public Law 108-447; 188 Stat. 886-891). Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

(This measure has not been amended since it was passed by the Senate on December 20, 2010. The summary of that version is repeated here.) Title I: Shark Conservation Act of 2010 - Shark Conservation Act of 2010 - (Sec. 102) Amends the High Seas Driftnet Fishing Moratorium Protection Act to direct the Secretary of Commerce to urge international fishery management organizations to which the United States is a member to adopt shark conservation measures, including measures to prohibit removal any of the fins of a shark (including the tail) and discarding the shark carcass at sea. Requires the Secretary to seek to enter into international shark conservation agreements, including measures prohibiting fin removal and carcass disposal, that are comparable to those of the United States, taking into account different conditions. Directs the Secretary to include shark conservation measures when defining fishing activities that violate international fishery conservation and management agreements. Requires the Secretary to list a nation in the biennial report on international compliance if the nation's fishing vessels are or have been engaged in fishing activities that target or incidentally catch sharks in waters beyond their jurisdiction, and such nation has not adopted a regulatory program providing for shark conservation, including the fin removal and carcass disposal prohibitions. Requires such listing within one year after the enactment of this Act. (Sec. 103) Amends the Magnuson-Stevens Fishery Conservation and Management Act to revise provisions prohibiting the removal of shark fins to make it a prohibited act to: (1) remove any shark fin (including the tail) at sea; (2) have a fin aboard a fishing vessel unless the fin is naturally attached to the carcass; (3) transfer a fin from one vessel to another or receive a fin unless it is naturally attached; or (4) land a fin that is not naturally attached to a carcass or land a carcass without fins naturally attached. Revises the current rebuttable presumption provision concerning shark fins on fishing vessels to create a rebuttable presumption that, if any shark fin (including the tail) is aboard a non-fishing vessel without being naturally attached, the fin was transferred from a fishing vessel in violation. (Sec. 104) Decreases authorizations under the Interjurisdictional Fisheries Act of 1986 for FY2011-FY2012. Title II: International Fisheries Agreement - International Fisheries Agreement Clarification Act - (Sec. 202) Allows the Secretary and the New England Fishery Management Council, for purposes of rebuilding portions of fish stocks covered by the United States-Canada Transboundary Resource Sharing Understanding, to: (1) take into account such Understanding and decisions made under such Understanding when specifying a time period for rebuilding a fishery that is overfished; and (2) consider decisions under such Understanding as management measures under an international agreement in which the United States participates when determining whether a rebuilding may exceed 10 years. Permits the Secretary and the Council to establish catch levels for portions of fish stocks within their respective geographic areas that exceed catch levels otherwise required under the Northeast Multispecies Fishery Management Plan if: (1) overfishing is ended immediately; (2) the fishing mortality level ensures rebuilding within such a rebuilding time period; and (3) such catch levels are consistent with the Understanding. Title III: Miscellaneous - (Sec. 301) Prohibits from being considered federal employees except for certain specified injury compensation or tort claims liability: (1) Commissioners of the Commission for the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean, other than officers or employees of the U.S. government; (2) certain advisory committee members; and (3) other specified appointees under the Pacific Whiting Act of 2006. (Current law considers such individuals to be federal employees for: (1) certain injury compensation purposes; (2) ethics, conflicts-of-interest, and corruption requirements; and (3) criminal or civil statutes or regulations governing conduct of federal employees in that capacity.) (Sec. 302) Decreases the number of scientific experts on the joint technical committee under the Pacific Whiting Act of 2006 to 2 (currently at least 6 but not more than 12). (Sec. 303) Authorizes the Secretary to promulgate regulations that allow for the replacement or rebuilding of a vessel qualified under specified provisions of the Department of Commerce and Related Agencies Appropriations Act, 2005.

To amend the High Seas Driftnet Fishing Moratorium Protection Act and the Magnuson-Stevens Fishery Conservation and Management Act to improve the conservation of sharks.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fairness in Drug Sentencing Act of 2007''. SEC. 2. POWDER AND CRACK COCAINE SENTENCING DISPARITY REDUCTION. (a) Controlled Substances Act.--Section 401(b)(1) of the Controlled Substances Act (21 U.S.C. 841(b)(1)) is amended-- (1) in subparagraph (A)(iii), by striking ``50 grams'' and inserting ``250 grams''; and (2) in subparagraph (B)(iii), by striking ``5 grams'' and inserting ``25 grams''. (b) Controlled Substances Import and Export Act.--Section 1010(b) of the Controlled Substances Import and Export Act (21 U.S.C. 960(b)) is amended-- (1) in paragraph (1)(C), by striking ``50 grams'' and inserting ``250 grams''; and (2) in paragraph (2)(C), by striking ``5 grams'' and inserting ``25 grams''. SEC. 3. CHANGE IN PENALTY FOR POSSESSION OF CRACK COCAINE. Section 404(a) of the Controlled Substances Act (21 U.S.C. 844(a)) is amended by striking ``Notwithstanding the preceding sentence,'' and all that follows through ``the mixture or substance exceeds 1 gram.''. SEC. 4. INCREASED EMPHASIS ON CERTAIN AGGRAVATING FACTORS RELATED TO SERIOUSNESS OF THE OFFENSE. Pursuant to its authority under section 994 of title 28, United States Code, the United States Sentencing Commission shall review and, if appropriate, amend the sentencing guidelines to ensure that the penalties for an offense involving trafficking of a controlled substance provide tiered enhancements for the involvement of a dangerous weapon or violence, including, if appropriate-- (1) an increase to the existing enhancement for possession of a dangerous weapon; (2) an enhancement for the use or brandishment of a dangerous weapon; (3) an enhancement for the use, or threatened use, of violence; and (4) any other enhancement the Commission considers necessary. SEC. 5. INCREASED EMPHASIS ON CERTAIN FACTORS RELATED TO THE CULPABILITY OF THE OFFENDER. (a) In General.--Pursuant to its authority under section 994 of title 28, United States Code, the United States Sentencing Commission shall review and, if appropriate, amend the sentencing guidelines to ensure that the penalties for an offense involving trafficking of a controlled substance adequately take into account the culpability of the defendant and the role of the defendant in the offense. (b) Considerations.--In carrying out this section, the United States Sentencing Commission shall consider-- (1) whether enhancements should be added, either to the existing enhancements for aggravating role or otherwise, that take into account aggravating factors associated with the offense, including-- (A) whether the defendant committed the offense as part of a pattern of criminal conduct engaged in as a livelihood; (B) whether the defendant maintained an establishment for the manufacture or distribution of the controlled substance; (C) whether the defendant distributed a controlled substance to an individual under the age of 18 years or a pregnant individual; (D) whether the defendant involved an individual under the age of 18 years or a pregnant individual in the offense; (E) whether the defendant manufactured or distributed the controlled substance in a location described in section 409(a) or section 419(a) of the Controlled Substances Act (21 U.S.C. 849(a) or 860(a)); (F) whether the defendant bribed, or attempted to bribe, a Federal, State, or local law enforcement officer in connection with the offense; (G) whether the defendant was involved in the importation into the United States of the controlled substance; (H) whether the defendant committed the offense after previously being convicted of a felony controlled substances offense; and (I) any other factor the Commission considers necessary; and (2) whether adjustments should be added, either to the existing guideline for mitigating role or otherwise, that take into account mitigating factors associated with the offense, including-- (A) whether the defendant had minimum knowledge of the illegal enterprise; (B) whether the defendant received little or no compensation in connection with the offense; and (C) whether the defendant acted on impulse, fear, or friendship when the defendant was otherwise unlikely to commit such an offense. SEC. 6. EMERGENCY AUTHORITY AND DEADLINE FOR COMMISSION ACTION. The United States Sentencing Commission shall promulgate the guidelines, policy statements, or amendments provided for in this Act as soon as practicable, and in any event not later than 90 days after the date of enactment of this Act, in accordance with the procedure set forth in section 21(a) of the Sentencing Act of 1987 (28 U.S.C. 994 note), as though the authority under that Act had not expired.

Fairness in Drug Sentencing Act of 2007 - Amends the Controlled Substances Act and the Controlled Substances Import and Export Act to increase (by a factor of five) the amount of a controlled substance or mixture containing a cocaine base (i.e., crack cocaine) required for the imposition of mandatory minimum prison terms for trafficking in such controlled substance. Eliminates the five-year mandatory minimum prison term for first-time possession of crack cocaine. Directs the U.S. Sentencing Commission to review and amend, if appropriate, its sentencing guidelines for trafficking in a controlled substance to reflect the use of a dangerous weapon or violence in such crime and the culpability and role of the defendant in such crime.

A bill to reduce the sentencing disparity between powder and crack cocaine violations, and to provide increased emphasis on aggravating factors relating to the seriousness of the offense and the culpability of the offender.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Eliminating Disparities in Breast Cancer Treatment Act of 2008''. SEC. 2. FINDINGS. Congress finds the following: (1) Delays in receiving care after breast cancer diagnosis are reported to be greater for African-American women than white women. (2) Recent studies indicate that African-American women with breast cancer are less likely to receive standard therapy than white women. (3) African-American and Hispanic patients are significantly more likely than white patients to be diagnosed at a more advanced stage of breast cancer. (4) Investigators found that regardless of insurance status, African-American women are 1.9 times more likely to be diagnosed with an advanced stage of breast cancer than white women and Hispanic women are 1.4 times more likely to be diagnosed with an advanced stage of breast cancer than white women. (5) African-American women are ten percent more likely not to receive tests to determine if breast cancer has spread to axillary (underarm) lymph nodes. Studies show that health insurance status, race, income, and educational background are directly linked to irregularity in administering this vital screening. (6) According to American Cancer Society researchers, substantial disparities remain or persist regarding cancer diagnosis and treatment. SEC. 3. PURPOSE. The purpose of this Act is to promote the implementation of standardized health care practices for breast cancer treatment under the Medicare program to eliminate disparities in the provision of care to such patients based on race, level of education, income, and health insurance status of such patients. SEC. 4. CONSENSUS-BASED BREAST CANCER TREATMENT PERFORMANCE MEASURES SYSTEM UNDER MEDICARE. Title XVIII of the Social Security Act is amended by adding at the end the following new section: ``SEC. 1898. BREAST CANCER TREATMENT PERFORMANCE MEASURES SYSTEM. ``(a) In General.--Not later than October 1, 2009, the Secretary shall establish, in accordance with the provisions of this section, a 6-year breast cancer treatment quality performance system (in this section referred to as the `system') to-- ``(1) assess and publicly disclose, through the use of quality measures, the quality of care provided for the treatment of breast cancer by specified health care providers; and ``(2) beginning October 1, 2012, base payment under this title to such providers for such treatment on the performance of such providers based on such measures. ``(b) Specified Health Care Providers.-- ``(1) In general.--The Secretary shall specify classes of providers of services and suppliers, including hospitals, cancer centers, physicians, primary care providers, and specialty providers, to which the provisions of this section shall apply. ``(2) Definition.--For purposes of this section, the term `specified health care provider' means a provider of services or supplier specified under paragraph (1). ``(c) Identification and Endorsement of Breast Cancer Treatment Performance Measures.-- ``(1) In general.--Under the system, the Secretary, shall enter into agreements with the National Quality Forum, an organization that operates as a voluntary consensus standards body as defined for purposes of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (Public Law 104-113) and Office of Management and Budget Revised Circular A-119 (published in the Federal Register on February 10, 1998), under which the National Quality Forum shall identify a uniform set of consensus-based performance measures to evaluate the quality of care provided by specified health care providers for the treatment of breast cancer, endorse such set of measures through its multistakeholder consensus development process, and annually update such set of measures. ``(2) Measures described.--The set of measures described in paragraph (1) shall include, with respect to the treatment of breast cancer, measures of patient outcomes, the process for delivering medical care related to such treatment, patient counseling and engagement in decision-making, patient experience of care, resource use, and practice capabilities, such as care coordination. ``(d) Reporting Process.-- ``(1) In general.--Under the system, for periods (as specified by the Secretary) beginning on or after October 1, 2009, the Secretary shall establish a reporting process, with respect to treatment furnished for breast cancer, that provides for a method for specified health care providers to submit to the Secretary data on the performance of such providers during each period through use of the performance measures developed pursuant to subsection (c)(1). Such data shall be submitted in a form and manner and at a time specified by the Secretary. ``(2) Voluntary submission during initial 3 years.--The reporting process under paragraph (1) shall provide for the voluntary submission of data (and incentives for such submission) under the process for periods ending before October 1, 2012. ``(3) Characteristics of data submitted under reporting process.--Data submitted by a specified health care provider under the reporting process under paragraph (1) shall-- ``(A) take into account the quality of breast cancer treatment furnished to all patients of the provider, regardless of the type of health insurance coverage of the patient or whether or not the patient has such coverage; and ``(B) be structured in a manner that allows for comparison according to race, educational level, income, insurance status, and any other category specified by the Secretary. ``(e) Public Disclosure.--Under the system, the Secretary shall establish procedures to require that information with respect to the quality demonstrated by a specified health care provider of treatment furnished for breast cancer during a period (based on the performance measures data submitted pursuant to subsection (c)(1) by the provider for such period) is made available on the official public Internet site of the Department of Health and Human Services in a clear and understandable form. Such procedures shall ensure that a specified health care provider has the opportunity to review the information that is to be made public with respect to the provider at least 30 days prior to such data being made public and shall provide for an appeals process in the case a provider claims such information to be incorrect or incomplete. ``(f) Value-Based Purchasing for Periods Beginning October 1, 2012.-- ``(1) In general.--Under the system, for periods beginning on or after October 1, 2012 and ending before October 1, 2015, the Secretary shall establish and implement, a value-based purchasing program, with respect to specified health care providers that furnish treatment for breast cancer during such a period, under which-- ``(A) in the case of such a provider that does not submit data in accordance with the reporting process under subsection (d)(1) for such treatment furnished during such period, the Secretary shall reduce payment under this title for such treatment by an amount specified by the Secretary; and ``(B) in the case of such a provider that submits data in accordance with the reporting process under subsection (d)(1) for such treatment furnished during such period-- ``(i) subject to clause (ii), if the Secretary determines such provider furnished low quality care (in accordance with a method specified by the Secretary) for such treatment, the Secretary shall reduce the amount that would otherwise be paid to such provider under this title for such treatment by an amount specified by the Secretary; ``(ii) if the Secretary determines such provider furnished low quality care (in accordance with the method specified under clause (i)) for such treatment, but the quality of care has improved as compared to the quality of care the provider furnished during the previous period, the Secretary shall reduce the amount that would otherwise be paid to such provider under this title for such treatment in accordance with an incremental method established by the Secretary that ensures that the amount of such reduction-- ``(I) is less than the amount specified by the Secretary under clause (i); and ``(II) is based on the extent of improvement in the quality of care; and ``(iii) if the Secretary determines such provider did not furnish low quality care (in accordance with the method specified under clause (i)) for such treatment, the Secretary shall provide to such provider the amount to be paid to such provider under this title for such treatment. ``(2) Results-based payments.--The amount of a reduction under subparagraph (A) or (B)(i) of paragraph (1) shall be determined in accordance with a method established by the Secretary. ``(g) Reports.--Not later than October 1, 2010, and for each 6- month period thereafter (before fiscal year 2016), the Secretary shall submit to Congress a report that evaluates the development and implementation of the system, including-- ``(1) an evaluation of the number of specified health care providers that submit data pursuant to subsection (c)(1); ``(2) an analysis of the effect of such system on reducing disparities in the provision of breast cancer treatment to patients based on race, level of education, income, and health insurance status of such patients; ``(3) recommendations on whether (and to what extent) to extend the system under this section. ``(h) Application to Part C.--The Secretary shall provide for a method to apply the provisions of this section to treatment furnished under a plan under part C.''.

Eliminating Disparities in Breast Cancer Treatment Act of 2008 - Amends title XVIII (Medicare) of the Social Security Act to direct the Secretary of Health and Human Services to establish a breast cancer treatment quality performance system to: (1) assess and disclose publicly, through the use of quality measures, the quality of care provided for the treatment of breast cancer by specified health care providers; and (2) base payment to such providers for such treatment on their performance with respect to such measures. Requires reduced payments to providers that either do not submit data in accordance with the reporting process in the system, or furnish low quality care for treatment of breast cancer.

To amend title XVIII of the Social Security Act to eliminate contributing factors to disparities in breast cancer treatment through the development of a uniform set of consensus-based breast cancer treatment performance measures for a 6-year quality reporting system and value-based purchasing system under the Medicare Program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Hawaiian Waters Chemical Munitions Safety Act of 2006''. SEC. 2. FINDINGS. Congress finds the following: (1) Until 1970 the United States Armed Forces routinely dumped military chemical munitions in ocean waters. (2) According to the report entitled ``Off-Shore Disposal of Chemical Agents and Weapons Conducted by the United States'', which was prepared by the Army's Historical Research and Response Team in 2001, chemical munitions were dumped at a minimum of three locations near the Hawaiian Islands, and the weapons disposed of at these sites included 1,100 one-thousand pound cyanogen chloride bombs, 20 one-thousand pound hydrogen cyanide bombs, 125 five-hundred pound cyanogen chloride bombs, 15,000 one-hundred-and-fifteen pound mustard gas bombs, 31,000 mustard gas-filled mortar shells, 1,000 one-ton containers of mustard gas agent, 190 one-ton containers of lewisite agent, 16,000 one-hundred pound mustard gas bombs, and 4,220 tons of various ordinance filled with hydrogen cyanide. (3) The report also specified that chemical munitions were dumped off the coasts of Alabama, Alaska, California, Florida, Louisiana, Mississippi, New Jersey, North Carolina, South Carolina, and Virginia. (4) The lack of research into the effect of long-term seawater exposure on chemical munitions and the potential risks to the public and the environment has created significant public concern in Hawaii, especially among communities near coastal military facilities and military munitions disposal areas. (5) The dumping of chemical munitions in the ocean is now prohibited by the Marine Protection, Research, and Sanctuaries Act of 1972 (33 U.S.C. 1401 et seq.). (6) The United States is a signatory of both the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter, with annexes, done at Washington, London, Mexico City, and Moscow December 29, 1972, and entered into force August 30, 1975 (26 UST 2403) and the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction, with annexes, done at Paris January 13, 1993, and entered into force April 29, 1997 (commonly known as the ``Chemical Weapons Convention''). SEC. 3. RESPONSE TO DISPOSAL OF CHEMICAL MUNITIONS WITHIN HAWAIIAN WATERS. (a) Survey and Identification of Disposal Sites.-- (1) Survey required.--The Secretary of the Army shall conduct a survey of all underwater sites within 12 miles of the Hawaiian Islands where chemical munitions are known or believed to have been disposed of by the Armed Forces between 1941 and 1972. (2) Survey purpose.--The purpose of the survey is to characterize the location and size of the disposal sites, the types and numbers of chemical munitions at the sites, and the condition of chemical munitions at the sites. (3) Report required.--Not later than September 30, 2009, the Secretary of the Army shall submit to Congress a report containing the results of the survey. (b) Identification of Navigational Hazards.--The Secretary of the Army shall cooperate with the Secretary of Commerce to ensure that nautical charts and other navigation materials for Hawaiian coastal waters include hazards to private activities and commercial shipping or fishing operations identified as a result of the survey conducted under subsection (a). (c) Monitoring.-- (1) Monitoring required.--Within one year after the completion of the survey required by subsection (a), the Secretary of the Army shall implement the appropriate monitoring mechanisms to recognize and track the potential release of hazardous chemical agents into the marine environment from the disposal sites covered by the survey. (2) Elements.--The monitoring regime shall include appropriate sampling, testing, and evaluation of Hawaiian coastal waters for signs of contamination from chemical munitions that may pose a risk to public health and the marine environment. (d) Research.--The Secretary of the Army, acting through the Office of the Assistant Secretary of the Army for Installations and Environment, shall establish a program to conduct research and provide research grants for the purpose of studying the long-term effects of seawater exposure on chemical munitions, potential public health risks associated with ocean disposal of chemical munitions, and the environmental impact of the ocean disposal of chemical munitions. (e) Remediation.-- (1) Report required.--Within one year after the completion of the survey required by subsection (a), the Secretary of the Army shall submit to Congress a report containing the following: (A) An analysis of the feasibility of implementing multiple remediation measures at the disposal sites covered by the survey. (B) Cost estimates for such remediation measures. (C) An analysis of the public health and environmental safety risks of the disposal sites. (2) Special considerations.--The feasibility analysis required by paragraph (1)(A) shall take into account the cost of remediation measures, the public health and environmental damage risk of remediation measures, and the risk to personnel engaged in remediation measures. SEC. 4. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as may be necessary to carry out this Act.

Hawaiian Waters Chemical Munitions Safety Act of 2006 - Directs the Secretary of the Army to: (1) conduct a survey of all Hawaiian underwater sites where chemical munitions are known to have been disposed of by the Armed Forces between 1941 and 1972; and (2) identify on Hawaiian coastal nautical charts and other navigational materials navigational hazards to private activities and commercial shipping or fishing operations as identified in the survey. Requires the Secretary to implement appropriate monitoring mechanisms to recognize and track the potential release of hazardous chemical agents into the marine environment from such disposal sites. Directs the Secretary to establish a program to conduct research and provide research grants to study the long-term effects of seawater exposure on chemical munitions, including the potential public health risks associated with, and the environmental impact of, ocean disposal of chemical munitions. Requires the Secretary to report to Congress on the feasibility and cost of implementing multiple remediation measures at the disposal sites covered by the survey, including an analysis of the public health and environmental safety risks of such sites.

A bill to require the Secretary of the Army to conduct a survey and monitoring of off-shore sites in the vicinity of the Hawaiian Islands where chemical munitions were disposed of by the Army Forces, to support research regarding the public and environmental health impacts of chemical munitions disposal in the ocean, and to require the preparation of a report on remediation plans for such disposal sites.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS; REFERENCES TO IMMIGRATION AND NATIONALITY ACT. (a) Short Title.--This Act may be cited as the ``Employer Sanctions Improvement Act of 1993''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents; references to Immigration and Nationality Act. TITLE I--PROMOTING ENFORCEMENT Sec. 101. Removal of Federal preemption from employer sanctions. Sec. 102. Creation of private right of action. Sec. 103. State immigration assistance and enforcement grants. Sec. 104. Requiring State enforcement as a condition of Federal assistance. Sec. 105. Permitting complaints other than in writing. Sec. 106. Authorizing the Attorney General to seek judicial review of adverse decisions. TITLE II--IMPROVING THE EMPLOYMENT VERIFICATION SYSTEM Sec. 201. Eliminating unnecessary employment verification documents. Sec. 202. Authorizing the Attorney General to improve the employment verification system. Sec. 203. Report on consolidation of documentation evidencing temporary work authorization. TITLE III--ADDITIONAL PENALTIES AND INCREASES IN PENALTIES Sec. 301. Civil penalties for aliens employed without authorization. Sec. 302. Prohibition of adjustment of status for unlawful employment. Sec. 303. Increased penalties for violations of employer sanctions. Sec. 304. Increase in civil money penalties for document fraud. (c) References to Immigration and Nationality Act.--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 Immigration and Nationality Act. TITLE I--PROMOTING ENFORCEMENT SEC. 101. REMOVAL OF FEDERAL PREEMPTION FROM EMPLOYER SANCTIONS. (a) In General.--Section 274A(h)(2) (8 U.S.C. 1324a(h)(2)) is amended-- (1) by striking ``Preemption'' and inserting ``No preemption'', (2) by inserting ``do not'' after ``this section'', and (3) by striking ``(other than'' and inserting ``(including''. (b) Effective Date.--The amendments made by subsection (a) shall take effect on the date of the enactment of this Act. SEC. 102. CREATION OF PRIVATE RIGHT OF ACTION. (a) In General.--Section 274A (8 U.S.C. 1324a) is amended by striking subsections (i) through (n) and inserting the following: ``(i) Private Right of Action.-- ``(1) In general.--Except as provided in paragraph (2), any person or other entity aggrieved by a violation of subsection (a)(1) or (a)(2), may file a charge respecting such violation with the Attorney General. Charges shall be in writing under oath or affirmation and shall contain such information as the Attorney General requires. The Attorney General by certified mail shall serve a notice of the charge (including the date, place, and circumstances of the alleged violation) on the person or other entity involved within 10 days. If the Attorney General, during the 120-day period after receiving such a charge respecting the unlawful employment of aliens, has not provided notice under subsection (e)(3)(A) or imposed an order described in paragraphs (3), (4), or (5) of subsection (e), and no hearing has been requested, the Attorney General shall so notify the person or entity filing the charge and the person or entity may file a complaint directly before an administrative law judge against the person or other entity alleged to have committed the violation within 90 days after the date of receipt of the notice. The Attorney General's failure to take any action with respect to a charge during such 120-day period shall not affect the right of the Attorney General to investigate the charge, to give notice under subsection (e)(3)(A), or to impose an order regarding the complaint during such 90-day period. No complaint may be filed under this paragraph with respect to an alleged violation occurring more than 180 days prior to the date of the filing of the charge under this paragraph with respect to such violation. ``(2) States.--Any State aggrieved by a violation of subsection (a)(1) or (a)(2), may file a complaint directly before an administrative law judge against the person or other entity alleged to have committed the violation, without filing a charge or otherwise meeting the requirements of paragraph (1). ``(3) Order.--In the case of a complaint filed under paragraph (1) or (2) before an administrative law judge regarding a person's or other entity's violation of subsection (a)(1) or (a)(2), if the judge finds that such person or other entity has committed such a violation, the judge may order the person or other entity-- ``(A) to pay the complainant liquidated damages of not more than the maximum amount of civil money penalties that may be imposed under subsection (e)(4)(A) or (e)(5) with respect to such violation, plus any attorney's fees under paragraph (4), and ``(B) to cease and desist from such violations. ``(4) Attorney's fees.--In any complaint brought under this subsection, the judge may grant the prevailing party reasonable attorney's fees if the judge determines that the opposing party's argument was without reasonable foundation in law and fact. ``(5) Judicial review and enforcement.--The provisions of paragraphs (8) and (9) of subsection (e) shall apply to a final order under this subsection in the same manner as they apply to a final order under subsection (e), except that any reference in such paragraph (9) to the Attorney General is deemed a reference to the complainant.''. (b) Effective Date.--The amendment made by subsection (a) shall apply to violations occurring on or after the date of enactment of this Act. SEC. 103. STATE IMMIGRATION ASSISTANCE AND ENFORCEMENT GRANTS. (a) In General.--The Attorney General shall provide grants to States to assist the States, and localities in the States-- (1) in implementing programs to impose sanctions with respect to the employment of unauthorized aliens in the State, and (2) in meeting health, education, law enforcement and other costs attributable to aliens unlawfully present in the State. (b) Condition of Eligibility.--No State is eligible for a grant under this section unless the State (and its localities) cooperates with (and does not take any actions that impede) the Attorney General in activities and programs designed to prevent or deter the entry of undocumented aliens into the United States or to identify, apprehend, and remove such aliens who are in the United States. (c) Amount of Grants.--The amount of grants to States under this section shall be determined by the Attorney General based on a formula established by the Attorney General. Such formula shall take into account the needs of qualified States (and localities therein) for the assistance under subsection (a) and the extent of their cooperation with the Attorney General under subsection (b). (d) Disbursement and Use of Funds.-- (1) Payments of grants under this section shall be made consistent with guidelines established by the Attorney General in consultation with the States. (2) Not more than 5 percent of the funds paid to any State under this section may be used for administrative purposes. (e) Application.--No grant shall be provided a State under this section unless the State submits to the Attorney General an application, in such form and manner as the Attorney General may specify, and unless the Attorney General approves such application. (f) Limitation on Federal Overhead.--The Attorney General shall provide that not more than 2 percent of the amount of funds disbursed to States under this section may be used by the Federal Government in the administration of this section. (g) Annual Report.--The Attorney General shall report annually to the Congress on the grants to States provided under this section. (h) Authorization of Appropriations.--There are authorized to be appropriated in each of fiscal years 1995, 1996, and 1997, $100,000,000 to carry out this section. (i) State Defined.--In this section, the term ``State'' has the meaning given such term in section 101(a)(36) of the Immigration and Nationality Act. SEC. 104. REQUIRING STATE ENFORCEMENT AS A CONDITION OF FEDERAL ASSISTANCE. (a) In General.--Section 503(a) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3753(a)) is amended by adding at the end the following paragraph: ``(12) An assurance that the State either-- ``(A) is actively enforcing the sanctions provided under section 274A of the Immigration and Nationality Act, or ``(B) has enacted and is actively enforcing civil or criminal sanctions, or both, designed to deter persons and other entities from knowingly employing unauthorized aliens.''. (b) Effective Date.--The amendment made by subsection (a) shall apply to grants for fiscal years beginning with fiscal year 1996. SEC. 105. PERMITTING COMPLAINTS OTHER THAN IN WRITING. Section 274A(e)(1)(A) (8 U.S.C. 1324a(e)(1)(A)) is amended by striking ``to file written, signed complaints respecting potential'' and inserting ``to register complaints in person, by toll-free telephone number, or by mail, concerning allegations of''. SEC. 106. AUTHORIZING THE ATTORNEY GENERAL TO SEEK JUDICIAL REVIEW OF ADVERSE DECISIONS. (a) In General.--Section 274A(e)(8) (8 U.S.C. 1324a(e)(8)) is amended by inserting ``(including the Attorney General)'' after ``A person or entity''. (b) Effective Date.--The amendment made by subsection (a) shall apply to final orders entered before, on, or after the date of the enactment of this Act. TITLE II--IMPROVING THE EMPLOYMENT VERIFICATION SYSTEM SEC. 201. ELIMINATING UNNECESSARY EMPLOYMENT VERIFICATION DOCUMENTS. (a) Changes in Acceptable Documentation.--Section 274A(b)(1) (8 U.S.C. 1324a(b)(1)) is amended-- (1) in subparagraph (B)-- (A) by striking clauses (ii), (iii), and (iv) and redesignating clause (v) as clause (ii), and (B) in clause (i), by adding at the end ``or''; (2) in subparagraph (C)-- (A) by inserting ``or'' after the semicolon at the end of clause (i), (B) by striking ``or'' at the end of clause (ii) and inserting a period, and (C) by striking clause (iii); (3) in subparagraph (D), by striking ``individual's'' and all that follows and inserting the following: ``individual's driver's license or similar document issued for the purpose of identification by a State, if it contains a photograph of the individual or such other personal identifying information relating to the individual as the Attorney General finds, by regulation sufficient for purposes of this section.''; and (4) by adding at the end the following new subparagraph: ``(E) No authority for additional documents.-- Except as provided under subsection (d), the Attorney General is not authorized to expand the list of acceptable documents described in subparagraphs (B), (C), and (D).''. (b) Effective Date.--The amendments made by subsection (a) shall apply with respect to hiring (or recruiting or referring) occurring on or after such date (not later than 180 days after the date of the enactment of this Act) as the Attorney General shall designate. SEC. 202. AUTHORIZING THE ATTORNEY GENERAL TO IMPROVE THE EMPLOYMENT VERIFICATION SYSTEM. Section 274A(d) (8 U.S.C. 1324a(d)) is amended-- (1) by striking ``President'' and inserting ``Attorney General'' each place it appears, and (2) in the second sentence of paragraph (3)(A)-- (A) by striking ``proposes'' and inserting ``, with the agreement of the Secretary of Health and Human Services, proposes'', and (B) by striking ``shall transmit'' and inserting ``and such Secretary shall jointly transmit''. SEC. 203. REPORT ON CONSOLIDATION OF DOCUMENTATION EVIDENCING TEMPORARY WORK AUTHORIZATION. Not later than 90 days after the date of enactment of this Act, the Attorney General shall submit to the Congress a report that includes a description of the following: (1) The various types of documents issued (or recognized) by the Immigration and Naturalization Service for purposes of demonstrating an alien's authority to work temporarily in the United States. (2) The Service's recent efforts to update or otherwise consolidate such documentation into a single tamper-resistant document. (3) The costs associated with any such efforts. (4) The status of current plans (if any) to further update and consolidate such documentation. (5) The advisability, feasibility, and cost of eliminating from circulation (or otherwise replacing), within 3 years after the date of the enactment of this Act, the various forms of temporary work authorization documentation with a single tamper-resistant document. TITLE III--ADDITIONAL PENALTIES AND INCREASES IN PENALTIES SEC. 301. CIVIL PENALTIES FOR ALIENS EMPLOYED WITHOUT AUTHORIZATION. (a) In General.--Section 274A (8 U.S.C. 1324a), as amended in section 102(a), is amended by adding at the end the following new subsection: ``(j) Making Employment as an Unauthorized Alien Unlawful.-- ``(1) In general.--It is unlawful for an individual-- ``(A) to be employed in the United States if such individual is an unauthorized alien with respect to such employment, or ``(B) to be self-employed in the United States if such individual is an alien who is not lawfully admitted for permanent residence or otherwise authorized to be self-employed in the United States by this Act or by the Attorney General. ``(2) Civil money penalty.--With respect to a violation of paragraph (1), the individual shall be required to pay a civil penalty in an amount of not less than $250 and not more than $2,000. ``(3) Application of certain procedures.--The procedures described in paragraphs (3), (7), (8), and (9) of subsection (e) for the imposition of orders under subsection (e)(4) shall apply to the imposition of a civil penalty under paragraph (2).''. (b) Effective Date.--The amendment made by subsection (a) shall apply with respect to employment performed on or after the date of enactment of this Act. SEC. 302. PROHIBITION OF ADJUSTMENT OF STATUS FOR UNLAWFUL EMPLOYMENT. (a) In General.--Section 245(c) (8 U.S.C. 1255(c)) is amended by striking ``(other than an immediate relative as defined in section 201(b) or a special immigrant described in section 101(a)(27)(H), (J), or (K))''. (b) Effective Date.--The amendment made by subsection (a) shall apply with respect to employment performed on or after the date of enactment of this Act. SEC. 303. INCREASED PENALTIES FOR VIOLATIONS OF EMPLOYER SANCTIONS. (a) Unlawful Employment of Aliens.--Section 274A(e) (8 U.S.C. 1324a(e)) is amended-- (1) in paragraph (4)(A)(i), by striking ``$250 and not more than $2,000'' and inserting ``$500 and not more than $4,000''; (2) in paragraph (4)(A)(ii), by striking ``$2,000 and not more than $5,000'' and inserting ``$4,000 and not more than $10,000''; (3) in paragraph (4)(A)(iii), by striking ``$3,000 and not more than $10,000'' and inserting ``$10,000 and not more than $30,000''; and (4) in paragraph (5), by striking ``$100 and not more than $1,000'' and inserting ``$500 and not more than $5,000''. (b) Pattern or Practice Violations.--Section 274A(f)(1) (8 U.S.C. 1324a(f)(1)) is amended by striking ``not more than'' and all that follows through the period and inserting ``in accordance with title 18, United States Code, for each unauthorized alien with respect to whom such a violation occurs, imprisoned for not more than 2 years for the entire pattern or practice, or both.''. (c) Prohibition of Indemnity Bonds.--Section 274A(g)(2) (8 U.S.C. 1324a(g)(2)) is amended by striking ``$1,000'' and inserting ``$2,000''. (d) Discrimination.--Section 274B(g)(2)(B)(iv) (8 U.S.C. 1324b(g)(2)(B)(iv)) is amended-- (1) in subclause (I), by striking ``$250 and not more than $2,000'' and inserting ``$500 and not more than $4,000''; (2) in subclause (II), by striking ``$2,000 and not more than $5,000'' and inserting ``$4,000 and not more than $10,000''; (3) in subclause (III), by striking ``$3,000 and not more than $10,000'' and inserting ``$10,000 and not more than $30,000''; and (4) in subclause (IV), by striking ``$100 and not more than $1,000'' and inserting ``$500 and not more than $5,000''. (e) Effective Date.--The amendments made by this section shall apply to violations occurring on or after the date of the enactment of this Act. SEC. 304. INCREASE IN CIVIL MONEY PENALTIES FOR DOCUMENT FRAUD. (a) In General.--Section 274C(d)(3) (8 U.S.C. 1324c(d)(3)) is amended-- (1) in subparagraph (A) by striking ``$250 and not more than $2,000'' and inserting ``$500 and not more than $4,000''; and (2) in subparagraph (B) by striking ``$2,000 and not more than $5,000'' and inserting ``$4,000 and not more than $10,000''. (b) Effective Date.--The amendments made by subsection (a) shall apply to violations occurring on or after the date of the enactment of this Act. HR 3362 IH----2

TABLE OF CONTENTS: Title I: Promoting Enforcement Title II: Improving the Employment Verification System Title III: Additional Penalties and Increases in Penalties Employer Sanctions Improvement Act of 1993 - Title I: Promoting Enforcement - Amends Federal immigration law to repeal the Federal preemption of State law regarding sanctions against the employment of unauthorized aliens. Creates a private right of action for violation of Federal law prohibiting employment of unauthorized aliens. Directs the Attorney General to provide grants to the States for immigration assistance and enforcement. Authorizes appropriations. Amends the Omnibus Crime Control and Safe Streets Act of 1968 to condition Federal assistance upon assurances that the recipient State actively enforces sanctions against the employment of unauthorized aliens. Amends Federal immigration law to permit complaints alleging employment of unauthorized aliens to be registered in person or by toll-free telephone number. Authorizes the Attorney General to seek judicial review if adversely affected by a final order regarding an assessment for employment of unauthorized aliens. Title II: Improving the Employment Verification System - Restricts the authority of the Attorney General to expand the list of acceptable employment verification documents. Transfers from the President to the Attorney General responsibility for monitoring and evaluating the employment verification system. Directs the Attorney General to report to the Congress on the consolidation into a single tamper-resistant document of documentation evidencing temporary work authorization. Title III: Additional Penalties and Increases in Penalties - Declares alien employment without authorization unlawful and establishes civil penalties. Precludes aliens engaged in unlawful employment from eligibility for adjustment of immigration status. Increases the civil and criminal penalties for: (1) employment of unauthorized aliens; and (2) document fraud.

Employer Sanctions Improvement Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Healthcare Privacy and Anti-Fraud Act''. SEC. 2. TRAINING, BACKGROUND CHECKS, AND NONDISCLOSURE FOR PATIENT NAVIGATORS. (a) In General.--Section 1311(i) of the Patient Protection and Affordable Care Act (42 U.S.C. 18031(i)) is amended by adding at the end the following: ``(7) Security and nondisclosure.-- ``(A) Guidance by secretary.--Not later than 90 days after the date of enactment of this paragraph, the Secretary shall issue guidance on the implementation of this paragraph in order to protect the privacy of individually identifiable information submitted to, or accessed by, navigators under this subsection. ``(B) Background checks.-- ``(i) In general.--An entity that receives a grant under this subsection shall ensure that universal background checks are conducted on all employees of the entity prior to such employees providing navigator services to individuals, or prior to such employees having access to individually identifiable information as a result of providing such services. Such background checks shall, at minimum, include a criminal background check, fingerprinting, and credit report. ``(ii) Limitation.--An individual who has been found guilty of a felony, or guilty of a misdemeanor involving deceit or dishonestly (including identity theft, fraud, or perjury), under Federal or State law shall not be employed by an entity described in clause (i). ``(C) Oath.-- ``(i) In general.--Prior to commencing employment with an entity that receives a grant under this subsection, an individual described in clause (ii) shall have sworn or taken an oath that he or she will not disclose any individually identifiable information obtained in the course of their employment (except information relevant to the commission of a felony when provided to an appropriate law enforcement authority). ``(ii) Individual described.--An individual is described in this clause if such individual is being employed by an entity described in clause (i) as a navigator, a non-navigator assistant, or as an employee with access to individually identifiable information. ``(D) Educational, training, and licensure requirements.--Prior to conducting navigation services for an entity under this subsection, an individual shall meet educational and licensure requirements that are identical or comparable to those currently applicable to health insurance agents and brokers within the State in which they seek to provide navigation services, including the completion of at least 30 hours of training (including training on privacy rights under this Act and other relevant Federal laws). ``(E) Liability.--Not later than 90 days after the date of the enactment of this paragraph, the Secretary-- ``(i) shall issue guidance concerning how liability and penalties will be applied by the Secretary in instances of failure to comply with requirements of this paragraph, including where consumer outreach and enrollment assistance causes harm to an individual as a result of misuse or negligence in protection and privacy of individually identifiable information; ``(ii) shall determine whether such liability lies with the navigator or non- navigator assistance personnel involved or whether liability lies with the entity that received the grant under this subsection; and ``(iii) shall determine whether the individuals or entities identified under clause (ii) are required to obtain professional liability coverage. ``(F) Penalties.-- ``(i) In general.--Whoever having sworn or taken the oath described under subparagraph (C), publishes or communicates any individually identifiable information which comes into his or her possession by reason of his or her being employed (or otherwise providing services) under this subsection, shall be fined not more than $5,000 or imprisoned not more than 5 years, or both. ``(ii) Misrepresentation.--Any person who knowingly and falsely represents that such person is, or holds himself or herself out as, a navigator under this subsection shall be fined not more than $5,000 or imprisoned not more than 5 years, or both. ``(iii) Enhanced penalty for sale or transfer.--A person who commits the offense described under clause (i) with the intent to sell, transfer, or use individually identifiable information for commercial advantage, personal gain, or malicious harm shall be fined not more than $250,000, imprisoned for not more than 10 years, or both. ``(G) Greater protections.--Nothing in subparagraphs (A), (B), (C) or (D) shall be construed to prohibit States from imposing additional standards and protections to protect consumer information. ``(8) List of navigators.--Not later than 90 days after the date of enactment of this paragraph, and annually thereafter, the Secretary shall make available a list of entities providing navigator services in accordance with this subsection and a list of entities that have been determined to be ineligible to provide such services or who have been convicted of a violation under paragraph (7).''. (b) Limitation on Liability.--Section 5000A(e) of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``(6) Reliance on navigator advice.--Any applicable individual who for any month failed to obtain minimum essential coverage as a result of the good faith reliance on the advice of a patient navigator, counselor, or other employee of an entity receiving a grant under section 1311(i) of the Patient Protection and Affordable Care Act (or a person purporting to be such a navigator, counselor, or other employee).''. (c) Effective Date.--The amendment made by subsection (a) shall take effect on the date of the enactment of this Act and shall apply to grants made before, on, or after the date of the enactment of this Act. The Secretary of Health and Human Services shall provide for the prompt modification of such grants made before the date of the enactment of this Act in order to comply with the requirement imposed by such amendment.

Healthcare Privacy and Anti-Fraud Act - Amends the Patient Protection and Affordable Care Act to require the Secretary of Health and Human Services (HHS) to issue guidance (including concerning liability) to protect the privacy of individually identifiable information submitted to, or accessed by, health care exchange navigators. Requires entities receiving grants under the navigator program to ensure that their employees undergo background checks, take an oath not to disclose individually identifiable information, and meet educational and licensure requirements comparable to those applicable to health insurance agents and brokers in the state. Imposes criminal penalties for disclosure of individually identifiable information and misrepresentation as a navigator. Directs the Secretary to annually make available a list of entities providing navigator services and a list of those determined to be ineligible or convicted of offenses described in this Act. Amends the Internal Revenue Code to exempt individuals from the penalty for not maintaining minimum essential coverage for any month if the failure resulted from advice of a navigator or a person purporting to provide such services.

Healthcare Privacy and Anti-Fraud Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Bring Jobs Home Act''. SEC. 2. CREDIT FOR INSOURCING EXPENSES. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 45S. CREDIT FOR INSOURCING EXPENSES. ``(a) In General.--For purposes of section 38, the insourcing expenses credit for any taxable year is an amount equal to 20 percent of the eligible insourcing expenses of the taxpayer which are taken into account in such taxable year under subsection (d). ``(b) Eligible Insourcing Expenses.--For purposes of this section-- ``(1) In general.--The term `eligible insourcing expenses' means-- ``(A) eligible expenses paid or incurred by the taxpayer in connection with the elimination of any business unit of the taxpayer (or of any member of any expanded affiliated group in which the taxpayer is also a member) located outside the United States, and ``(B) eligible expenses paid or incurred by the taxpayer in connection with the establishment of any business unit of the taxpayer (or of any member of any expanded affiliated group in which the taxpayer is also a member) located within the United States, if such establishment constitutes the relocation of business unit so eliminated. For purposes of the preceding sentence, a relocation shall not be treated as failing to occur merely because such elimination occurs in a different taxable year than such establishment. ``(2) Eligible expenses.--The term `eligible expenses' means-- ``(A) any amount for which a deduction is allowed to the taxpayer under section 162, and ``(B) permit and license fees, lease brokerage fees, equipment installation costs, and, to the extent provided by the Secretary, other similar expenses. Such term does not include any compensation which is paid or incurred in connection with severance from employment and, to the extent provided by the Secretary, any similar amount. ``(3) Business unit.--The term `business unit' means-- ``(A) any trade or business, and ``(B) any line of business, or functional unit, which is part of any trade or business. ``(4) Expanded affiliated group.--The term `expanded affiliated group' means an affiliated group as defined in section 1504(a), determined without regard to section 1504(b)(3) and by substituting `more than 50 percent' for `at least 80 percent' each place it appears in section 1504(a). A partnership or any other entity (other than a corporation) shall be treated as a member of an expanded affiliated group if such entity is controlled (within the meaning of section 954(d)(3)) by members of such group (including any entity treated as a member of such group by reason of this paragraph). ``(5) Expenses must be pursuant to insourcing plan.-- Amounts shall be taken into account under paragraph (1) only to the extent that such amounts are paid or incurred pursuant to a written plan to carry out the relocation described in paragraph (1). ``(6) Operating expenses not taken into account.--Any amount paid or incurred in connection with the on-going operation of a business unit shall not be treated as an amount paid or incurred in connection with the establishment or elimination of such business unit. ``(c) Increased Domestic Employment Requirement.--No credit shall be allowed under this section unless the number of full-time equivalent employees of the taxpayer for the taxable year for which the credit is claimed exceeds the number of full-time equivalent employees of the taxpayer for the last taxable year ending before the first taxable year in which such eligible insourcing expenses were paid or incurred. For purposes of this subsection, full-time equivalent employees has the meaning given such term under section 45R(d) (and the applicable rules of section 45R(e)), determined by only taking into account wages (as otherwise defined in section 45R(e)) paid with respect to services performed within the United States. All employers treated as a single employer under subsection (b), (c), (m), or (o) of section 414 shall be treated as a single employer for purposes of this subsection. ``(d) Credit Allowed Upon Completion of Insourcing Plan.-- ``(1) In general.--Except as provided in paragraph (2), eligible insourcing expenses shall be taken into account under subsection (a) in the taxable year during which the plan described in subsection (b)(5) has been completed and all eligible insourcing expenses pursuant to such plan have been paid or incurred. ``(2) Election to apply employment test and claim credit in first full taxable year after completion of plan.--If the taxpayer elects the application of this paragraph, eligible insourcing expenses shall be taken into account under subsection (a) in the first taxable year after the taxable year described in paragraph (1). ``(e) Possessions Treated as Part of the United States.--For purposes of this section, the term `United States' shall be treated as including each possession of the United States (including the Commonwealth of Puerto Rico and the Commonwealth of the Northern Mariana Islands). ``(f) Regulations.--The Secretary shall prescribe such regulations or other guidance as may be necessary or appropriate to carry out the purposes of this section.''. (b) Credit To Be Part of General Business Credit.--Subsection (b) of section 38 of such Code is amended by striking ``plus'' at the end of paragraph (35), by striking the period at the end of paragraph (36) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(37) the insourcing expenses credit determined under section 45S(a).''. (c) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 45S. Credit for insourcing expenses.''. (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. (e) Application to United States Possessions.-- (1) Payments to possessions.-- (A) Mirror code possessions.--The Secretary of the Treasury shall make periodic payments to each possession of the United States with a mirror code tax system in an amount equal to the loss to that possession by reason of section 45S of the Internal Revenue Code of 1986. Such amount shall be determined by the Secretary of the Treasury based on information provided by the government of the respective possession. (B) Other possessions.--The Secretary of the Treasury shall make annual payments to each possession of the United States which does not have a mirror code tax system in an amount estimated by the Secretary of the Treasury as being equal to the aggregate benefits that would have been provided to residents of such possession by reason of section 45S of such Code if a mirror code tax system had been in effect in such possession. The preceding sentence shall not apply with respect to any possession of the United States unless such possession has a plan, which has been approved by the Secretary of the Treasury, under which such possession will promptly distribute such payment to the residents of such possession. (2) Coordination with credit allowed against united states income taxes.--No credit shall be allowed against United States income taxes under section 45S of such Code to any person-- (A) to whom a credit is allowed against taxes imposed by the possession by reason of such section, or (B) who is eligible for a payment under a plan described in paragraph (1)(B). (3) Definitions and special rules.-- (A) Possessions of the united states.--For purposes of this section, the term ``possession of the United States'' includes the Commonwealth of Puerto Rico and the Commonwealth of the Northern Mariana Islands. (B) Mirror code tax system.--For purposes of this section, the term ``mirror code tax system'' means, with respect to any possession of the United States, the income tax system of such possession if the income tax liability of the residents of such possession under such system is determined by reference to the income tax laws of the United States as if such possession were the United States. (C) Treatment of payments.--For purposes of section 1324(b)(2) of title 31, United States Code, the payments under this section shall be treated in the same manner as a refund due from sections referred to in such section 1324(b)(2). SEC. 3. DENIAL OF DEDUCTION FOR OUTSOURCING EXPENSES. (a) In General.--Part IX of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 280I. OUTSOURCING EXPENSES. ``(a) In General.--No deduction otherwise allowable under this chapter shall be allowed for any specified outsourcing expense. ``(b) Specified Outsourcing Expense.--For purposes of this section-- ``(1) In general.--The term `specified outsourcing expense' means-- ``(A) any eligible expense paid or incurred by the taxpayer in connection with the elimination of any business unit of the taxpayer (or of any member of any expanded affiliated group in which the taxpayer is also a member) located within the United States, and ``(B) any eligible expense paid or incurred by the taxpayer in connection with the establishment of any business unit of the taxpayer (or of any member of any expanded affiliated group in which the taxpayer is also a member) located outside the United States, if such establishment constitutes the relocation of business unit so eliminated. For purposes of the preceding sentence, a relocation shall not be treated as failing to occur merely because such elimination occurs in a different taxable year than such establishment. ``(2) Application of certain definitions and rules.-- ``(A) Definitions.--For purposes of this section, the terms `eligible expenses', `business unit', and `expanded affiliated group' shall have the respective meanings given such terms by section 45S(b). ``(B) Operating expenses not taken into account.--A rule similar to the rule of section 45S(b)(6) shall apply for purposes of this section. ``(c) Special Rules.-- ``(1) Application to deductions for depreciation and amortization.--In the case of any portion of a specified outsourcing expense which is not deductible in the taxable year in which paid or incurred, such portion shall neither be chargeable to capital account nor amortizable. ``(2) Possessions treated as part of the united states.-- For purposes of this section, the term `United States' shall be treated as including each possession of the United States (including the Commonwealth of Puerto Rico and the Commonwealth of the Northern Mariana Islands). ``(d) Regulations.--The Secretary shall prescribe such regulations or other guidance as may be necessary or appropriate to carry out the purposes of this section, including regulations which provide (or create a rebuttable presumption) that certain establishments of business units outside the United States will be treated as relocations (based on timing or such other factors as the Secretary may provide) of business units eliminated within the United States.''. (b) Limitation on Subpart F Income of Controlled Foreign Corporations Determined Without Regard to Specified Outsourcing Expenses.--Subsection (c) of section 952 of such Code is amended by adding at the end the following new paragraph: ``(4) Earnings and profits determined without regard to specified outsourcing expenses.--For purposes of this subsection, earnings and profits of any controlled foreign corporation shall be determined without regard to any specified outsourcing expense (as defined in section 280I(b)).''. (c) Clerical Amendment.--The table of sections for part IX of subchapter B of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 280I. Outsourcing expenses.''. (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. SEC. 4. TREATMENT OF SECURITIES OF A CONTROLLED CORPORATION EXCHANGED FOR ASSETS IN CERTAIN REORGANIZATIONS. (a) In General.--Section 361 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(d) Special Rules for Transactions Involving Section 355 Distributions.--In the case of a reorganization described in section 368(a)(1)(D) with respect to which stock or securities of the corporation to which the assets are transferred are distributed in a transaction which qualifies under section 355-- ``(1) this section shall be applied by substituting `stock other than nonqualified preferred stock (as defined in section 351(g)(2))' for `stock or securities' in subsections (a) and (b)(1), and ``(2) the first sentence of subsection (b)(3) shall apply only to the extent that the sum of the money and the fair market value of the other property transferred to such creditors does not exceed the adjusted bases of such assets transferred (reduced by the amount of the liabilities assumed (within the meaning of section 357(c))).''. (b) Conforming Amendment.--Paragraph (3) of section 361(b) of such Code is amended by striking the last sentence. (c) Effective Date.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall apply to exchanges after the date of the enactment of this Act. (2) Transition rule.--The amendments made by this section shall not apply to any exchange pursuant to a transaction which is-- (A) made pursuant to a written agreement which was binding on February 6, 2012, and at all times thereafter; (B) described in a ruling request submitted to the Internal Revenue Service on or before February 6, 2012; or (C) described on or before February 6, 2012, in a public announcement or in a filing with the Securities and Exchange Commission.

Bring Jobs Home Act - Amends the Internal Revenue Code to: (1) grant business taxpayers a tax credit for up to 20% of insourcing expenses incurred for eliminating a business located outside the United States and relocating it within the United States, and (2) deny a tax deduction for outsourcing expenses incurred in relocating a U.S. business outside the United States. Requires an increase in the taxpayer's employment of full-time employees in the United States in order to claim the tax credit for insourcing expenses. Allows nonrecognition of gain in a corporate reorganization for corporations that exchange property solely for stock other than nonqualified preferred stock.

To amend the Internal Revenue Code of 1986 to encourage domestic insourcing and discourage foreign outsourcing, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Disaster Area Health and Environmental Monitoring Act of 2004''. SEC. 2. PROTECTION OF HEALTH AND SAFETY OF INDIVIDUALS IN A DISASTER AREA. Title IV of the Robert T. Stafford Disaster Relief and Emergency Assistance Act is amended by inserting after section 408 (42 U.S.C. 5174) the following: ``SEC. 409. PROTECTION OF HEALTH AND SAFETY OF INDIVIDUALS IN A DISASTER AREA. ``(a) Definitions.--In this section: ``(1) Individual.--The term `individual' includes-- ``(A) a worker or volunteer who responds to a disaster, including-- ``(i) a police officer; ``(ii) a firefighter; ``(iii) an emergency medical technician; ``(iv) any participating member of an urban search and rescue team; and ``(v) any other relief or rescue worker or volunteer that the President determines to be appropriate; ``(B) a worker who responds to a disaster by assisting in the cleanup or restoration of critical infrastructure in and around a disaster area; ``(C) a person whose place of residence is in a disaster area; ``(D) a person who is employed in or attends school, child care, or adult day care in a building located in a disaster area; and ``(E) any other person that the President determines to be appropriate. ``(2) Program.--The term `program' means a program described in subsection (b) that is carried out for a disaster area. ``(3) Substance of concern.--The term `substance of concern' means a chemical or other substance that is associated with potential acute or chronic human health effects, the risk of exposure to which could potentially be increased as the result of a disaster, as determined by the President. ``(b) Program.-- ``(1) In general.--If the President determines that 1 or more substances of concern are being, or have been, released in an area declared to be a disaster area under this Act, the President may carry out a program for the protection, assessment, monitoring, and study of the health and safety of individuals to ensure that-- ``(A) the individuals are adequately informed about and protected against potential health impacts of any substance of concern and potential mental health impacts in a timely manner; ``(B) the individuals are monitored and studied over time, including through baseline and followup clinical health examinations, for-- ``(i) any short- and long-term health impacts of any substance of concern; and ``(ii) any mental health impacts; ``(C) the individuals receive health care referrals as needed and appropriate; and ``(D) information from any such monitoring and studies is used to prevent or protect against similar health impacts from future disasters. ``(2) Activities.--A program under paragraph (1) may include such activities as-- ``(A) collecting and analyzing environmental exposure data; ``(B) developing and disseminating information and educational materials; ``(C) performing baseline and followup clinical health and mental health examinations and taking biological samples; ``(D) establishing and maintaining an exposure registry; ``(E) studying the short- and long-term human health impacts of any exposures through epidemiological and other health studies; and ``(F) providing assistance to individuals in determining eligibility for health coverage and identifying appropriate health services. ``(3) Timing.--To the maximum extent practicable, activities under any program established under paragraph (1) (including baseline health examinations) shall be commenced in a timely manner that will ensure the highest level of public health protection and effective monitoring. ``(4) Participation in registries and studies.-- ``(A) In general.--Participation in any registry or study that is part of a program under paragraph (1) shall be voluntary. ``(B) Protection of privacy.--The President shall take appropriate measures to protect the privacy of any participant in a registry or study described in subparagraph (A). ``(5) Cooperative agreements.-- ``(A) In general.--The President may carry out a program under paragraph (1) through a cooperative agreement with a medical institution, including a local health department, or a consortium of medical institutions. ``(B) Selection criteria.--To the maximum extent practicable, the President shall select to carry out a program under paragraph (1) a medical institution or a consortium of medical institutions that-- ``(i) is located near-- ``(I) the disaster area with respect to which the program is carried out; and ``(II) any other area in which there reside groups of individuals that worked or volunteered in response to the disaster; and ``(ii) has appropriate experience in the areas of environmental or occupational health, toxicology, and safety, including experience in-- ``(I) developing clinical protocols and conducting clinical health examinations, including mental health assessments; ``(II) conducting long-term health monitoring and epidemiological studies; ``(III) conducting long-term mental health studies; and ``(IV) establishing and maintaining medical surveillance programs and environmental exposure or disease registries. ``(6) Involvement.-- ``(A) In general.--In establishing and maintaining a program under paragraph (1), the President shall involve interested and affected parties, as appropriate, including representatives of-- ``(i) Federal, State, and local government agencies; ``(ii) groups of individuals that worked or volunteered in response to the disaster in the disaster area; ``(iii) local residents, businesses, and schools (including parents and teachers); ``(iv) health care providers; and ``(v) other organizations and persons. ``(B) Committees.--Involvement under subparagraph (A) may be provided through the establishment of an advisory or oversight committee or board. ``(7) Privacy.--The President shall carry out each program under paragraph (1) in accordance with regulations relating to privacy promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. 1320d-2 note; Public Law 104-191). ``(c) Reports.--Not later than 1 year after the establishment of a program under subsection (b)(1), and every 5 years thereafter, the President, or the medical institution or consortium of such institutions having entered into a cooperative agreement under subsection (b)(5), shall submit to the Secretary of Homeland Security, the Secretary of Health and Human Services, the Secretary of Labor, the Administrator of the Environmental Protection Agency, and appropriate committees of Congress a report on programs and studies carried out under the program.''. SEC. 3. NATIONAL ACADEMY OF SCIENCES REPORT ON DISASTER AREA HEALTH AND ENVIRONMENTAL PROTECTION AND MONITORING. (a) In General.--The Secretary of Homeland Security, the Secretary of Health and Human Services, and the Administrator of the Environmental Protection Agency shall jointly enter into a contract with the National Academy of Sciences to conduct a study and prepare a report on disaster area health and environmental protection and monitoring. (b) Expertise.--The report under subsection (a) shall be prepared with the participation of individuals who have expertise in-- (1) environmental health, safety, and medicine; (2) occupational health, safety, and medicine; (3) clinical medicine, including pediatrics; (4) toxicology; (5) epidemiology; (6) mental health; (7) medical monitoring and surveillance; (8) environmental monitoring and surveillance; (9) environmental and industrial hygiene; (10) emergency planning and preparedness; (11) public outreach and education; (12) State and local health departments; (13) State and local environmental protection departments; (14) functions of workers that respond to disasters, including first responders; and (15) public health and family services. (c) Contents.--The report under subsection (a) shall provide advice and recommendations regarding protecting and monitoring the health and safety of individuals potentially exposed to any chemical or other substance associated with potential acute or chronic human health effects as the result of a disaster, including advice and recommendations regarding-- (1) the establishment of protocols for the monitoring of and response to chemical or substance releases in a disaster area for the purpose of protecting public health and safety, including-- (A) chemicals or other substances for which samples should be collected in the event of a disaster, including a terrorist attack; (B) chemical- or substance-specific methods of sample collection, including sampling methodologies and locations; (C) chemical- or substance-specific methods of sample analysis; (D) health-based threshold levels to be used and response actions to be taken in the event that thresholds are exceeded for individual chemicals or other substances; (E) procedures for providing monitoring results to-- (i) appropriate Federal, State, and local government agencies; (ii) appropriate response personnel; and (iii) the public; (F) responsibilities of Federal, State and local agencies for-- (i) collecting and analyzing samples; (ii) reporting results; and (iii) taking appropriate response actions; and (G) capabilities and capacity within the Federal Government to conduct appropriate environmental monitoring and response in the event of a disaster, including a terrorist attack; and (2) other issues as specified by the Secretary of Homeland Security, the Secretary of Health and Human Services, and the Administrator of the Environmental Protection Agency. (d) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this section. SEC. 4. PREDISASTER HAZARD MITIGATION. Section 203(m) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5133(m)) is amended by striking ``December 31, 2003'' and inserting ``September 30, 2006''.

Disaster Area Health and Environmental Monitoring Act of 2004 - Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to authorize the President to carry out a program for the protection, assessment, monitoring, and study of the health and safety of individuals if chemicals or substances associated with potential acute or chronic human health effects (substances of concern) are being or have been released in a disaster area. Makes participation in any registry or study that is part of the program voluntary. Requires the President to take appropriate measures to protect the privacy of registry or study participants. Authorizes the President to carry out such a program through a cooperative agreement with a medical institution (including a local health department) or a consortium of medical institutions. Requires the President to carry out such a program in accordance with certain privacy regulations promulgated under the Health Insurance Portability and Accountability Act of 1996. Directs the Secretary of Homeland Security, the Secretary of Health and Human Services, and the Administrator of the Environmental Protection Agency to enter jointly into a contract with the National Academy of Sciences to study and report on disaster area health and environmental protection and monitoring. Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to extend through September 30, 2006, the President's authority to establish a program to provide technical and financial assistance to State and local governments for the implementation of cost-effective predisaster hazard mitigation measures.

To amend the Robert T. Stafford Disaster Relief and Emergency Assistance Act to authorize the President to carry out a program for the protection of the health and safety of residents, workers, volunteers, and others in a disaster area.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Nursing Facility Pay-for- Performance Act of 2004''. SEC. 2. ADDITIONAL MEDICARE PAYMENT FOR FACILITIES THAT REPORT ADDITIONAL QUALITY DATA. (a) Voluntary Reporting of Quality Measures and Adjustment in Payment.-- (1) In general.--Section 1888 of the Social Security Act (42 U.S.C. 1395yy) is amended by adding at the end the following new subsection: ``(f) Voluntary Reporting of Quality Measures; Change in Payment Based on Reported Quality Measures.-- ``(1) Establishment of additional quality measures.-- ``(A) In general.--Not later than 6 months after the date of the enactment of this subsection, the Secretary, through a contract with a qualified independent party (such as the National Quality Forum) identified by the Secretary, shall provide for the identification of-- ``(i) at least 10, and not more than 15, quality measures for the performance of skilled nursing facilities under this title; and ``(ii) the data to be reported, including their collection and formatting, on a calendar quarter basis for each such quality measure to measure the performance of a skilled nursing facility. Such measures may be outcome or process measures. Such measures shall be in addition to the 14 enhanced measures published by the Secretary for such facilities for use as of September 1, 2004. ``(B) Measure of staffing level.--The quality measures identified under subparagraph (A) shall include a measure of the level of facility staffing and the mix of licensed staff at a facility. ``(C) Risk adjustment.--The values obtained for quality measures identified under subparagraph (A), including the existing 14 enhanced measures, shall be appropriately risk adjusted as applied to individual skilled nursing facilities in order to increase the likelihood that any differences in such values reflect differences in the care provided by the skilled nursing facilities and not differences in the characteristics of the residents in such facilities. Such risk adjustment shall take into account resident characteristics that are related to triggering a value for a quality measure but are not reflective of facility care processes. Risk adjustment approaches may include, as appropriate-- ``(i) excluding certain types of residents; ``(ii) stratifying residents into high-risk and low-risk groups; or ``(iii) statistical adjustment (such as regression analysis) that takes into consideration multiple characteristics (covariates) for each resident simultaneously and adjusts the nursing facilities' quality measure values for different resident characteristics. ``(D) Small facilities.-- ``(i) In general.--In selecting and applying quality measures, there shall be taken into account the circumstances of small skilled nursing facilities. ``(ii) Definition.--For purposes of clause (i), the term `small skilled nursing facility' means a skilled nursing facility which had, in most recent preceding cost reporting period, fewer than 1,500 patient days with respect to which payments were made under this title. ``(E) Annual evaluation.--The Secretary shall provide for an annual process whereby the use of particular quality measures are evaluated and, as appropriate, adjusted in consultation with the National Quality Forum. ``(F) Posting on website.--The Secretary shall provide for the posting on its website, and the publication at least annually, of the quality performance of skilled nursing facilities as measured through values reported under this subsection by such facilities. ``(2) Adjustment in payment based on quality performance.-- ``(A) In general.--For each fiscal year beginning with fiscal year 2006, in the case of a skilled nursing facility that reports data under paragraph (1) for the data reporting period with respect to that fiscal year (as defined in subparagraph (C)), the aggregate amount of payment under this subsection shall be adjusted as follows: ``(i) Increase of 2 percent for facilities in top 10 percent in quality.--In the case of a facility that, based on such data, has a composite score for quality that is equal to or exceeds such score for the baseline period (as defined in subparagraph (D)) for the top 10 percent of skilled nursing facilities that have reported such data for such baseline period, such aggregate payment shall be increased by such amount as reflects an increase in the market basket percentage increase applied for the fiscal year involved under subsection (e)(4)(E)(ii)(V) by 2 percentage points. ``(ii) Increase of 1 percent for facilities in next 10 percent in quality.--In the case of a facility that, based on such data, has a composite score for quality that exceeds such score for the baseline period for the top 10 percent of skilled nursing facilities that have reported such data for such baseline period, but is equal to or exceeds such score for the baseline period for the top 20 percent of such skilled nursing facilities, such aggregate payment shall be increased by such amount as reflects an increase in the market basket percentage increase applied for the fiscal year involved under subsection (e)(4)(E)(ii)(V) by 1 percentage point. ``(iii) Quality threshold covering 80 percent of facilities.--For a baseline period, the Secretary shall establish a quality threshold score that covers 80 percent of the skilled nursing facilities that have reported such data for such baseline period. ``(iv) Decrease of 1 percent for facilities below quality threshold.--In the case of a fiscal year beginning with fiscal year 2007, in the case of a facility that, based on such data, has a composite score on quality measures that is below the quality threshold score established under clause (iii) for the baseline period, the aggregate payment for the fiscal year involved shall be decreased by such amount as reflects a decrease in the market basket percentage increase applied under subsection (e)(4)(E)(ii)(V) by 1 percentage point. ``(v) Year by year determination.--Any increase or decrease in payments to a skilled nursing facility under the preceding provisions of this subparagraph for a fiscal year shall not affect or apply to payments to such facility in any subsequent fiscal year. ``(B) Treatment of small facilities.--In the case of a skilled nursing facility which because of its small size is unable to submit data on one or more quality measures-- ``(i) the facility shall not be penalized under this paragraph due to its non-reporting of such data; and ``(ii) the composite rank or score shall be based on the data so reported, with appropriate adjustments so as to be comparable to other facilities. ``(C) Data reporting period.--For purposes of subparagraph (A), the term `data reporting period' means, with respect to-- ``(i) fiscal year 2006, such period of calendar quarters in fiscal year 2005 as the Secretary shall specify, which, to the extent feasible, shall be a period of at least 2 calendar quarters; or ``(ii) a subsequent fiscal year, the period of 4 consecutive calendar quarters ending on the June 30 preceding the fiscal year. ``(D) Baseline period.--For purposes of subparagraph (A), the term `baseline period' means, with respect to-- ``(i) fiscal year 2006, the period of calendar quarters specified under subparagraph (C)(i); or ``(ii) a subsequent fiscal year, the period of 4-calendar-quarters ending on June 30, 2006.''. (2) Limiting market basket increases to facilities that voluntarily report information.--Subsection (e)(4)(E)(ii) of such section is amended-- (A) in subclause (III), by striking ``and'' at the end; (B) in subclause (IV), by inserting ``before the first fiscal year in which the reporting of quality measures is in effect under subsection (f)(1)'' after ``each subsequent fiscal year'' and by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following new subclause:by inserting before the period at the end the following: ``(V) for each subsequent year, the rate computed for the previous fiscal year increased, in the case of a skilled nursing facility that reports data under subsection (f)(1) for the fiscal year, by the skilled nursing facility market basket percentage for the fiscal year involved.''. (b) Using Fiscal Year 2005 Payment Rates as a Floor for Subsequent Updates.-- (1) In general.--Subsection (e)(4)(E)(ii)(IV) and subsection (e)(4)(E)(ii)(V), as added by subsection (a)(2), of such section is amended by inserting ``(taking into account, with respect to a previous fiscal year that was fiscal year 2005, all add-ons to such rate that were applicable in such fiscal year as well as market basket adjustments made in subsequent fiscal years)'' after ``the rate computed for the previous fiscal year''. (2) Effective date.--The amendment made by paragraph (1) shall apply to the computation of rates for fiscal years beginning with fiscal year 2006. SEC. 3. LONG-TERM CARE FINANCING COMMISSION. (a) Establishment.--There is hereby established a commission to be known as the ``Long-Term Care Financing Commission'' (in this section referred to as the ``Commission''). (b) Composition.--The Commission shall be composed of 10 members appointed by the Secretary of Health and Human Services. (c) Duties.-- (1) Analyses.--The Commission shall conduct analyses of the financing of long-term care, including the financing of nursing facilities. Such analyses shall include an analysis of each of the following: (A) The adequacy of Medicaid program financing of the long term care system. (B) Medicare's cross-subsidization of long-term care for Medicaid patients. (C) Total industry margins in long-term care. (D) Long-term demographic challenges. (E) The impact of current trends, including staffing shortages and litigation costs, on long-term care spending. (F) Different approaches to refinements in the per diem RUG payment amounts and related payment methodologies under section 1888(e) of the Social Security Act (42 U.S.C. 1395yy(e)) . (2) Report.--The Commission shall submit to Congress an annual report on its analyses. Each such report shall include recommendations for such changes in financing of long-term care as the Commission deems appropriate. (d) Terms, Compensation, Chairman, Meetings, Staff, and Powers.-- The provisions of subsections (c)(3), (c)(4), (c)(5), (c)(6), (d), and (e) of section 1805 of the Social Security Act (42 U.S.C. 1395b-6) (relating to provisions for the Medicare Payment Advisory Commission) shall apply to the Commission in the same manner as they apply to the Medicare Payment Advisory Commission.

Medicare Nursing Facility Pay-for-Performance Act of 2004 - Amends title XVIII (Medicare) of the Social Security Act (SSA) to direct the Secretary of Health and Human Services, through a contract with a qualified independent party (such as the National Quality Forum), to provide for identification of: (1) between ten and 15 quality measures for the performance of skilled nursing facilities under Medicare; and (2) the data to be reported, including their collection and formatting, on a calendar quarter basis for each such quality measure. Requires the values obtained for quality measures to be appropriately risk-adjusted as applied to individual skilled nursing facilities in order to increase the likelihood that any differences in such values reflect differences in the care provided by the facilities and not differences in the characteristics of their residents. Provides for: (1) adjusting payments for skilled nursing facilities based on quality performance, including an increase of two percent for facilities in the top ten percent in quality as well as a decrease of one percent for facilities below the quality threshold; (2) limiting market basket increases to facilities that voluntarily report information; and (3) using FY 2005 payment rates as a floor for subsequent updates. Establishes the Long-Term Care Financing Commission to analyse and report to Congress on the financing of long-term care.

To amend title XVIII of the Social Security Act to provide incentives linking quality to payment for skilled nursing facilities and to establish a Long-Term Care Financing Commission.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Handgun Registration Act of 1993''. SEC. 2. FEDERAL HANDGUN REGISTRATION SYSTEM TO APPLY IN ALL STATES NOT ESTABLISHING STATE HANDGUN REGISTRATION SYSTEM THAT MEETS CERTAIN REQUIREMENTS. (a) In General.--Beginning 2 years after the date of the enactment of this Act, the Federal handgun registration system to be established by the Attorney General under section 3(a) and the amendment made by section 3(b) shall apply in any State during any period in which the Attorney General finds, after opportunity for a hearing on the record, that such State is not complying substantially with the requirements of subsection (b) of this section. (b) Requirements of State Handgun Registration System.--The requirements of this subsection are as follows: (1) Registration requirement.--State law must require each individual who owns, possesses, or controls a handgun in the State to register such handgun-- (A) in the case of handguns owned, possessed, or controlled on or before the effective date of the State law-- (i) with a State law enforcement agency; and (ii) within 90 days after such effective date; and (B) in the case of handguns owned, possessed, or controlled after such effective date-- (i) with the licensed dealer (as defined in section 921(a)(11) of title 18, United States Code) from whom such handgun was last purchased; and (ii) at the time the handgun is first owned, possessed, or controlled by the individual. (2) Imposition of penalties for violations.--State law must impose the following penalties for knowing violation of the registration requirement specified in paragraph (1): (A) Non-serious violations.--In the case of a violation which is not a serious violation, the violator shall be imprisoned not less than 1 year. (B) Serious violations.--In the case of a violation which is a serious violation, the violator shall be imprisoned not less than 12 years. (3) Definition of serious violation.--State law must define a serious violation of the registration requirement specified in paragraph (1) to be any violation with respect to which 2 or more of the following conditions are satisfied: (A) Multiple unregistered handguns.--The violation consists of the violator possessing, owning, or controlling 2 or more unregistered handguns. (B) Unregistered handgun is of high caliber.--The caliber of any handgun which is the subject of the violation is greater than 0.22. (C) Violator has previous felony or firearms conviction.--The violator has been previously convicted of a felony, or of a violation of any Federal or State law relating to firearms. (D) Unregistered handgun readily accessible to violator.--Any handgun which is the subject of the violation was readily accessible to the violator at the time of the violation. (4) Easily retrievable record of handguns.--State law must require the State to maintain an easily retrievable record identifying-- (A) each individual who-- (i) resides, or regularly or frequently appears, in the State; and (ii) possesses, owns, or controls a handgun; and (B) such handgun. SEC. 3. FEDERAL HANDGUN REGISTRATION SYSTEM. (a) Establishment.--The Attorney General shall establish a Federal handgun registration system which contains, in an easily retrievable record, information sufficient to identify-- (1) each resident of each State to which this subsection applies who owns, possesses, or controls a handgun; and (2) such handgun. (b) Handgun Registration Requirement.--Chapter 44 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 931. Registration of handguns ``(a) Each individual who owns, possesses, or controls a handgun in any State to which this section applies by reason of section 2(a) of the Handgun Registration Act of 1993 shall register such handgun-- ``(1) in the case of handguns owned, possessed, or controlled on or before the effective date of this section-- ``(A) with a Federal, State, or local law enforcement agency or the licensed dealer, if any, from whom such handgun was last purchased; and ``(B) within 90 days after such effective date; and ``(2) in the case of handguns owned, possessed, or controlled after such effective date-- ``(A) with the licensed dealer from whom such handgun was last purchased; and ``(B) at the time the handgun is first owned, possessed, or controlled by the individual. ``(b) Whoever knowingly violates subsection (a) shall be fined not more than $250,000, imprisoned not less than 15 years, or both. The court shall not suspend a sentence of imprisonment imposed for an offense under this section, and shall not impose a probationary sentence for an offense under this section. ``(c) As used in subsection (a): ``(1) The term `handgun' means a pistol or revolver originally designed to be fired by the use of a single hand and which is designed to fire or capable of firing fixed cartridge ammunition, and any other firearm originally designed to be fired by the use of a single hand. ``(2) The term `State' includes the District of Columbia and the territories and possessions of the United States.''. (c) Effective Date.--The amendment made by subsection (b) shall apply to conduct engaged in 2 or more years after the date of the enactment of this Act. SEC. 4. TERMINATION OF CERTAIN FEDERAL ASSISTANCE. The Attorney General shall order the termination of all assistance under each of parts D, E, and G of title I of the Omnibus Crime Control and Safe Streets Act of 1968 to each State, and each recipient in such State, during any period in which the Federal handgun registration system established under section 3(a) of this Act applies to such State. SEC. 5. DEFINITIONS. As used in this Act: (1) Handgun.--The term ``handgun'' means a pistol or revolver originally designed to be fired by the use of a single hand and which is designed to fire or capable of firing fixed cartridge ammunition, and any other firearm (as defined in section 921(a)(3) of title 18, United States Code) originally designed to be fired by the use of a single hand. (2) State.--The term ``State'' includes the District of Columbia and the territories and possessions of the United States.

Handgun Registration Act of 1993 - Directs the Attorney General to establish a Federal handgun registration system, to include penalties of fines and imprisonment, which shall apply in any State during a period in which the Attorney General finds that the State does not require: (1) an individual who owns, possesses, or controls a handgun to register with either a State law enforcement agency (in the case of handguns so controlled before the effective date of such a State law) or with a licensed dealer (in the case of handguns so controlled after that date); (2) imposition of specified penalties for registration requirement violations; and (3) maintenance of easily retrievable records identifying both (a) each individual residing or regularly appearing in the State who possesses, owns, or controls a handgun; and (b) the handgun. Requires the Attorney General to terminate specified law enforcement assistance under the Omnibus Crime Control and Safe Streets Act of 1968 to each State, and each recipient in the State, during a period in which the system established by this Act applies to the State.

Handgun Registration Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Children's Listbroker Privacy Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Commercial list brokers routinely advertise and sell detailed information on children, including names, addresses, ages, and other data, for use in marketing. This data is commonly available on children as young as two years old, enabling marketers to target specific demographics such as junior high school, elementary school, or even preschool. (2) Commercially available marketing databases can be very large, covering millions of children. (3) Commercially available marketing databases can include a variety of information on the children they cover, from ethnicity to family income to hobbies and interests. (4) Money spent on marketing to children has been estimated at $12 billion per year. (5) Several Federal statutes, including section 1061 of the No Child Left Behind Act, the Children's Online Privacy Protection Act, and the Family and Educational Rights and Privacy Act, restrict the collection and disclosure of information about children or students under specified circumstances. When data on children is collected in a manner that is outside the scope of those statutes, however, Federal law does not significantly restrict the commercial sale or resale of such data. (6) The ability to sell information about children to marketers for a profit creates an economic incentive to find new and creative ways to collect and compile such information, and possibly to circumvent or subvert the intent of those federal statutes that do govern the collection of information about children or students. There are a variety of means and sources that marketers and list brokers can and do use to compile names, addresses, and other data about children. SEC. 3. RESTRICTION ON SALE OR PURCHASE OF CHILDREN'S PERSONAL INFORMATION. (a) In General.--It is unlawful-- (1) to sell personal information about an individual the seller knows to be a child; (2) to purchase personal information about an individual identified by the seller as a child, for the purpose of marketing to that child; or (3) for a person who has provided a certification pursuant to subsection (b)(2), in connection with the purchase of personal information about an individual identified by the seller as a child, to engage in any practice that violates the terms of the certification. (b) Exceptions.-- (1) Parental consent.--Subsection (a) shall not apply to any sale, purchase, or use of personal information about a child if the parent of the child has granted express consent to that sale, purchase, or use of the information. (2) Certification.--Subsection (a)(1) shall not apply to the sale of personal information about a child if the purchaser certifies to the seller, electronically or in writing, before the sale is completed-- (A) the purpose for which the information will be used by the purchaser; and (B) that the purchaser will neither-- (i) use the information for marketing that child; nor (ii) permit the information to be used by others for the purpose of marketing to that child. SEC. 4. ADMINISTRATION AND ENFORCEMENT. (a) In General.--Except as provided in subsection (b), this Act shall be enforced by the Federal Trade Commission as if the violation of section 3 of this Act were an unfair or deceptive act or practice proscribed under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). (b) Enforcement by Certain Other Agencies.--Compliance with this Act shall be enforced under-- (1) section 8 of the Federal Deposit Insurance Act (12 U.S.C. 1818), in the case of-- (A) national banks, and Federal branches and Federal agencies of foreign banks, by the Office of the Comptroller of the Currency; (B) member banks of the Federal Reserve System (other than national banks), branches and agencies of foreign banks (other than Federal branches, Federal agencies, and insured State branches of foreign banks), commercial lending companies owned or controlled by foreign banks, and organizations operating under section 25 or 25A of the Federal Reserve Act (12 U.S.C. 601 and 611), by the Board; and (C) banks insured by the Federal Deposit Insurance Corporation (other than members of the Federal Reserve System) and insured State branches of foreign banks, by the Board of Directors of the Federal Deposit Insurance Corporation; (2) section 8 of the Federal Deposit Insurance Act (12 U.S.C. 1818), by the Director of the Office of Thrift Supervision, in the case of a savings association the deposits of which are insured by the Federal Deposit Insurance Corporation; (3) the Federal Credit Union Act (12 U.S.C. 1751 et seq.) by the National Credit Union Administration Board with respect to any Federal credit union; (4) part A of subtitle VII of title 49, United States Code, by the Secretary of Transportation with respect to any air carrier or foreign air carrier subject to that part; (5) the Packers and Stockyards Act, 1921 (7 U.S.C. 181 et seq.) (except as provided in section 406 of that Act (7 U.S.C. 226, 227)), by the Secretary of Agriculture with respect to any activities subject to that Act; and (6) the Farm Credit Act of 1971 (12 U.S.C. 2001 et seq.) by the Farm Credit Administration with respect to any Federal land bank, Federal land bank association, Federal intermediate credit bank, or production credit association. (c) Exercise of Certain Powers.--For the purpose of the exercise by any agency referred to in subsection (b) of its powers under any Act referred to in that subsection, a violation of section 3 of this Act is deemed to be a violation of a requirement imposed under that Act. In addition to its powers under any provision of law specifically referred to in subsection (b), each of the agencies referred to in that subsection may exercise, for the purpose of enforcing compliance with any requirement imposed under section 3 of this Act, any other authority conferred on it by law. (d) Actions by the Commission.--The Commission shall prevent any person from violating section 3 of this Act in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this Act. Any entity that violates any provision of that section is subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act in the same manner, by the same means, and with the same jurisdiction, power, and duties as though all applicable terms and provisions of the Federal Trade Commission Act were incorporated into and made a part of that section. (e) Preservation of Commission Authority.--Nothing contained in this section shall be construed to limit the authority of the Commission under any other provision of law. SEC. 5. ACTIONS BY STATES. (a) In General.-- (1) Civil actions.--In any case in which the attorney general of a State has reason to believe that an interest of the residents of that State has been or is threatened or adversely affected by the engagement of any person in a practice that section 3 of this Act, the State, as parens patriae, may bring a civil action on behalf of the residents of the State in a district court of the United States of appropriate jurisdiction-- (A) to enjoin that practice; (B) to enforce compliance with the rule; (C) to obtain damage, restitution, or other compensation on behalf of residents of the State; or (D) to obtain such other relief as the court may consider to be appropriate. (2) Notice.-- (A) In general.--Before filing an action under paragraph (1), the attorney general of the State involved shall provide to the Commission-- (i) written notice of that action; and (ii) a copy of the complaint for that action. (B) Exemption.-- (i) In general.--Subparagraph (A) shall not apply with respect to the filing of an action by an attorney general of a State under this subsection, if the attorney general determines that it is not feasible to provide the notice described in that subparagraph before the filing of the action. (ii) Notification.--In an action described in clause (i), the attorney general of a State shall provide notice and a copy of the complaint to the Commission at the same time as the attorney general files the action. (b) Intervention.-- (1) In general.--On receiving notice under subsection (a)(2), the Commission shall have the right to intervene in the action that is the subject of the notice. (2) Effect of intervention.--If the Commission intervenes in an action under subsection (a), it shall have the right-- (A) to be heard with respect to any matter that arises in that action; and (B) to file a petition for appeal. (c) Construction.--For purposes of bringing any civil action under subsection (a), nothing in this subtitle shall be construed to prevent an attorney general of a State from exercising the powers conferred on the attorney general by the laws of that State to-- (1) conduct investigations; (2) administer oaths or affirmations; or (3) compel the attendance of witnesses or the production of documentary and other evidence. (d) Actions by the Commission.--In any case in which an action is instituted by or on behalf of the Commission for violation of section 2 of this Act, no State may, during the pendency of that action, institute an action under subsection (a) against any defendant named in the complaint in that action for violation of that section. (e) Venue; Service of Process.-- (1) Venue.--Any action brought under subsection (a) may be brought in the district court of the United States that meets applicable requirements relating to venue under section 1391 of title 28, United States Code. (2) Service of process.--In an action brought under subsection (a), process may be served in any district in which the defendant-- (A) is an inhabitant; or (B) may be found. SEC. 6. DEFINITIONS. In this Act: (1) Child.--The term ``child'' means an individual under the age of 16. (2) Commission.--The term ``Commission'' means the Federal Trade Commission. (3) Express consent.-- (A) In general.--The term ``express consent'' means an affirmative indication of permission in writing or electronic form. The term ``express consent'' does not include consent inferred from a failure to indicate affirmatively that consent is denied or withheld. (B) Prerequisites.--Express consent is not valid unless-- (i) before granting the consent the individual granting the consent was informed of the purpose for which the information would be sold, purchased, or used; and (ii) consent was not granted as a condition for making a product, service, or warranty available to the individual or the child to which the information pertains. (4) Marketing.--The term ``marketing'' means making a communication to encourage the purchase or use of a commercial product or service. For purposes of this paragraph, a product or service shall be considered to be commercial if some or all of the proceeds from the sale inure to the benefit of an enterprise conducted for profit. (5) Parent.--The term ``parent'' includes a legal guardian. (6) Personal information.--The term ``personal information'' means identifiable information about an individual, including-- (A) a name; (B) a home or other physical address including street name and name of a city or town; (C) an e-mail address or online username; (D) a telephone number; (E) a Social Security number; or (F) any other information that permits a specific individual to be identified. (7) Purchase; sell; sale.--In section 3, the terms ``purchase'', ``sell'', and ``sale'' include the purchase and sale of the right to use personal information, without regard to whether-- (A) the right is limited or unlimited; (B) the transaction is characterized as a purchase, sale, lease, or otherwise; and (C) the consideration for the transaction is monetary, goods, or services. SEC. 7. EFFECTIVE DATE. This Act shall take effect 6 months after the date of enactment.

Children's Listbroker Privacy Act - Makes it unlawful: (1) to sell personal information about an individual the seller knows to be a child (under age 16); (2) to purchase personal information about an individual identified by the seller as a child for the purpose of marketing to that child; or (3) for a purchaser who has provided a certification limiting the use of such information to engage in any practice that violates the certification terms. Makes an exception with respect to express parental consent to such sale, purchase, or use. Requires enforcement of this Act by the Federal Trade Commission (FTC) as if violations were unfair or deceptive acts or practices under the Federal Trade Commission Act. Requires enforcement of compliance by other Federal agencies under other specified laws. Authorizes enforcement actions by States acting on behalf of their residents. Gives the FTC the right to intervene in such actions. Precludes State actions during the pendency of FTC actions.

To regulate interstate commerce by prohibiting the sale of children's personally identifiable information for commercial marketing purposes.

FUND. (a) Establishment.--There is established the Systemic Resolution Fund, which the Corporation shall-- (1) maintain and administer; (2) use to facilitate the resolution of a covered financial company, as provided in subsection (b), or take such other actions as are authorized for the Corporation; and (3) invest in accordance with section 13(a) of the Federal Deposit Insurance Act. (b) Uses of the Fund.--The Fund shall be available to the Corporation for use with respect to a covered financial company-- (1) to cover the costs incurred by the Corporation, including as receiver, in exercising its rights, authorities, and powers and fulfilling its obligations and responsibilities; (2) to repay initial capitalization appropriations under this section; and (3) to cover the costs of systemic stabilization purposes. (c) Prohibitions.--Notwithstanding any other provision of law amounts in the Fund may not be used to convert or maintain a financial company that is insolvent or in receivership, except to the extent necessary to insure systemic stabilization in the resolution of such financial company. (d) Deposits to the Fund.--All amounts assessed against a financial company under this section shall be deposited into the Fund. SEC. 4. ASSESSMENTS. (a) Minimum Size of the Fund.--The Corporation shall, by rule, establish the minimum size of the Fund, consistent with subsections (a) and (b), but amounts maintained in the Fund shall in no case exceed an amount equal to 1 percent of the gross domestic product of the United States. (b) Assessments To Maintain Fund.--The Corporation shall impose assessments on financial companies in such amounts and in such manner, and subject to such terms and conditions as the Corporation, by regulation, determines are necessary for the amount in the Fund to be maintained at not less than the minimum size established pursuant to subsection (a). (c) Assessments To Replenish the Fund.--If the Fund falls below the minimum size established pursuant to subsection (a) the Corporation shall impose assessments on financial companies, in such amounts and such manner, and subject to consideration of the factors set forth in subsection (e), as are necessary for the Fund to meet or exceed the minimum size established pursuant to subsection (a) before the end of the 8-year period beginning on the date on which the Fund first fell below the minimum amount (or such longer period as the Corporation may determine to be necessary due to extraordinary circumstances). (d) Minimum Assessment Threshold.--The Corporation may not impose an assessment under this subsection on any financial company that the Corporation determines does not pose a systemic risk to the United States financial system. (e) Reallocation Required.--The Corporation shall, by rule, establish a mechanism whereby the systemic risk regulator reallocates the assessments for the fund annually among all the systemically risky financial companies, to include the authority to refund contributions, as necessary or appropriate in the determination of the Corporation. (f) Factors for Consideration.--In taking actions and making determinations under this subsection, the Corporation shall seek to prevent sharp swings in the assessment rates for financial companies, and shall take into account-- (1) the actual or expected risk of losses to the Fund; (2) economic conditions generally affecting financial companies, so as to allow assessments and the Fund to increase during more favorable conditions and to decrease during less favorable economic conditions; (3) any assessments imposed on a financial company or a subsidiary or affiliate of a financial company that is-- (A) an insured depository institution, subject to assessments under section 7 or 13(c)(4)(G) of the Federal Deposit Insurance Act; (B) a member of the Securities Investor Protection Corporation, subject to assessments under section 4 of the Securities Investor Protection Act of 1970; or (C) an insurance company, subject to assessments pursuant to applicable State law to cover (or reimburse payments made to cover) the costs of the rehabilitation, liquidation, or other State insolvency proceeding with respect to one or more insurance companies; (4) the risks presented by the financial company to the financial system and the extent to which the financial company has, or likely would, benefit from the resolution of a financial company; (5) any off-balance-sheet activities of the financial company; and (6) such other factors as the Corporation may determine to be appropriate. (g) Permissible Distinctions for Assessments.--In establishing the assessment system for the Fund, the Corporation, by regulation, may differentiate among financial companies based on size, complexity of operations or organization, relationships, transactions, direct or indirect activities, and any other factors that the Corporation may deem appropriate. (h) Initial Capitalization.--There are authorized to be appropriated to the Secretary, for fiscal years 2010 and 2011, such sums as may be necessary to initially capitalize the Fund in accordance with this section.

Ending Taxpayer Bailouts by Making Wall Street Pay Act of 2010 - Establishes the Systemic Resolution Fund, to be administered by the Federal Deposit Insurance Corporation (FDIC), to: (1) cover the costs of the FDIC, including as receiver, in exercising its rights, authorities, and powers, and in fulfilling its obligations and responsibilities; (2) repay initial capitalization appropriations; and (3) cover the costs of systemic stabilization purposes. Prohibits the use of amounts in the Fund to convert or maintain a financial company that is insolvent or in receivership, except to the extent necessary to insure systemic stabilization in the company's resolution. Requires all amounts assessed against a financial company under this Act to be deposited into the Fund. Directs the FDIC to: (1) impose assessments on financial companies for Fund maintenance and, if need be, replenishment; and (2) establish a mechanism whereby the systemic risk regulator reallocates annually the assessments for the Fund among all the systemically risky financial companies. Prohibits the FDIC from imposing an assessment on any financial company which it determines does not pose a systemic risk to the U.S. financial system.

A bill to address the establishment and maintenance of the Systemic Resolution Fund of the Federal Deposit Insurance Corporation, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``International Cybercrime Reporting and Cooperation Act''. SEC. 2. DEFINITIONS. In this Act: (1) Computer systems; computer data.--The terms ``computer system'' and ``computer data'' have the meanings given those terms in chapter I of the Convention on Cybercrime. (2) Convention on cybercrime.--The term ``Convention on Cybercrime'' means the Council of Europe Convention on Cybercrime, done at Budapest November 23, 2001, as ratified by the United States Senate with any relevant reservations or declarations. (3) Cybercrime.--The term ``cybercrime'' refers to criminal offenses relating to computer systems or computer data described in the Convention on Cybercrime. (4) Electronic commerce.--The term ``electronic commerce'' has the meaning given that term in section 1105(3) of the Internet Tax Freedom Act (47 U.S.C. 151 note). (5) Interpol.--The term ``INTERPOL'' means the International Criminal Police Organization. (6) Lead federal agency.--The term ``lead Federal agency'' means one of the relevant Federal agencies designated by the President to have primary responsibility for producing the annual reports required by section 3. (7) Relevant federal agencies.--The term ``relevant Federal agencies'' means any Federal agency that has responsibility for combating cybercrime globally, including the Department of Commerce, the Department of Homeland Security, the Department of Justice, the Department of State, the Department of the Treasury, and the Office of the United States Trade Representative. (8) United states person.--The term ``United States person'' means-- (A) a United States citizen or an alien lawfully admitted for permanent residence to the United States; or (B) an entity organized under the laws of the United States or of any jurisdiction within the United States. SEC. 3. ANNUAL REPORT. (a) In General.--Not later than 1 year after the date of the enactment of this Act, and annually thereafter, the head of the lead Federal agency shall submit to Congress a report-- (1) assessing, after consultation with the entities specified in subsection (c) and with respect to each country described in subsection (b)-- (A) the extent and nature of activities relating to cybercrime that are attributable to persons or property based in the country and impact the United States Government, United States persons, or United States electronic commerce; (B) the adequacy and effectiveness of the laws, regulations, and judicial and law enforcement systems in the country with respect to combating cybercrime; and (C) measures taken by the government of the country to protect consumers from cybercrime, including measures described in the Convention on Cybercrime; (2) assessing, after consultation with the entities specified in subsection (c), any multilateral efforts-- (A) to prevent and investigate cybercrime; (B) to develop and share best practices with respect to directly or indirectly combating cybercrime; and (C) to cooperate and take action with respect to the prevention, investigation, and prosecution of cybercrime; and (3) describing the steps taken by the United States to promote the multilateral efforts described in paragraph (2). (b) Countries Described.--A country described in this subsection is a country that the head of the lead Federal agency determines, in consultation with the entities specified in subsection (c), is significant with respect to efforts to combat cybercrime-- (1) against the United States Government or United States persons; or (2) that disrupts United States electronic commerce or otherwise negatively impacts the trade or intellectual property interests of the United States. (c) Entities Specified.--The entities specified in this subsection are the relevant Federal agencies, industry groups, civil society organizations, and other organizations selected by the President for consultations under this section based on their interest in combating cybercrime. (d) Contributions From Relevant Federal Agencies.--Not later than 30 days before the date on which the report is required to be submitted under subsection (a), the head of each of the relevant Federal agencies shall submit to the head of the lead Federal agency a report containing-- (1) any information obtained by the relevant Federal agency with respect to incidents of cybercrime, impediments to electronic commerce, or efforts of the United States to cooperate with other countries with respect to combating cybercrime; and (2) any other information obtained by the agency that is relevant to the report required by subsection (a). (e) Additional Information To Be Included in Subsequent Reports.-- In each report required to be submitted under subsection (a) after the first report required by that subsection, the head of the lead Federal agency shall include, in addition to the information required by that subsection-- (1) an identification of countries for which action plans have been developed under section 5; and (2) an assessment, after consultation with the entities specified in subsection (c), of the extent of the compliance of each such country with the action plan developed for that country. (f) Form of Report.--The report required by subsection (a) shall be submitted in unclassified form, but may contain a classified annex. SEC. 4. UTILIZATION OF FOREIGN ASSISTANCE PROGRAMS. (a) Priority With Respect to Foreign Assistance Programs to Combat Cybercrime.-- (1) In general.--The President shall give priority to a country described in paragraph (2) with respect to foreign assistance and other programs designed to combat cybercrime in the country by improving the effectiveness and capacity of the legal and judicial systems and the capabilities of law enforcement agencies with respect to cybercrime. (2) Countries described.--A country described in this paragraph is a country described in section 3(b) that the President, in consultation with the entities described in section 3(c), determines has a low capacity to combat cybercrime. (b) Sense of Congress With Respect to Bilateral and Multilateral Assistance.--It is the sense of Congress that-- (1) the President should include programs designed to combat cybercrime in any bilateral or multilateral assistance that-- (A) is provided to a country described in subsection (a)(2); and (B) addresses the critical infrastructure, telecommunications systems, financial industry, legal or judicial systems, or law enforcement capabilities of that country; and (2) such assistance should be provided in a manner that allows the country to sustain the advancements in combating cybercrime resulting from the assistance after the termination of the assistance. SEC. 5. ACTION PLANS FOR COMBATING CYBERCRIME FOR COUNTRIES OF CYBER CONCERN. (a) Development of Action Plans.-- (1) In general.--Not later than 1 year after the head of the lead Federal agency submits the first report required by section 3(a), the President shall develop, for each country that the President determines under subsection (b) is a country of cyber concern, an action plan-- (A) to assist the government of that country to improve the capacity of the country to combat cybercrime; and (B) that contains benchmarks described in subsection (c). (2) Reassessment of countries.--Not later than 2 years after the head of the lead Federal agency submits the first report required by section 3(a), and annually thereafter, the President shall-- (A) reassess the countries for which the President has developed action plans under paragraph (1); (B) determine if any of those countries no longer meet the criteria under subsection (b) for being countries of cyber concern; and (C) determine if additional countries meet the criteria under subsection (b) for being countries of cyber concern and develop action plans for those countries. (3) Consultations.--The President, acting through the head of the lead Federal agency and, as appropriate, an employee designated to have responsibility for cybercrime under section 6 or 7, shall consult with the government of each country for which the President develops an action plan under paragraph (1) or (2) with respect to-- (A) the development of the action plan; and (B) the efforts of the government of that country to comply with the benchmarks set forth in the action plan. (b) Countries of Cyber Concern.--The President shall determine that a country is a country of cyber concern if the President finds that-- (1) there is significant credible evidence that there has been a pattern of incidents of cybercrime, during the 2-year period preceding the date of the President's determination-- (A) against the United States Government or United States persons or that disrupt United States electronic commerce or otherwise negatively impact the trade or intellectual property interests of the United States; and (B) that are attributable to persons or property based in the country; and (2) the government of the country has demonstrated a pattern of being uncooperative with efforts to combat cybercrime by-- (A) failing to conduct its own reasonable criminal investigations, prosecutions, or other proceedings with respect to the incidents of cybercrime described in paragraph (1); (B) failing to cooperate with the United States, any other party to the Convention on Cybercrime, or INTERPOL, in criminal investigations, prosecutions, or other proceedings with respect to such incidents, consistent with chapter III of the Convention on Cybercrime; or (C) not adopting or implementing legislative or other measures consistent with chapter II of the Convention on Cybercrime with respect to criminal offenses related to computer systems or computer data. (c) Benchmarks Described.--The benchmarks described in this subsection-- (1) are such legislative, institutional, enforcement, or other actions as the President determines necessary to improve the capacity of the country to combat cybercrime; and (2) may include-- (A) the initiation of credible criminal investigations, prosecutions, or other proceedings with respect to the incidents of cybercrime that resulted in the determination of the President under subsection (b) that the country is a country of cyber concern; (B) cooperation with, or support for the efforts of, the United States, other parties to the Convention on Cybercrime, or INTERPOL in criminal investigations, prosecutions, or other proceedings with respect to such persons, consistent with chapter III of the Convention on Cybercrime; or (C) the implementation of legislative or other measures consistent with chapter II of the Convention on Cybercrime with respect to criminal offenses related to computer systems or computer data. (d) Determination of Consistency With Convention on Cybercrime.-- For purposes of subsections (b) and (c), a measure is not consistent with the Convention on Cybercrime if the measure imposes a criminal penalty for an activity that is not a criminal offense under the Convention. (e) Failure To Meet Action Plan Benchmarks.-- (1) In general.--If, 1 year after the date on which an action plan is developed under subsection (a), the President, in consultation with the entities described in section 3(c), determines that the government of the country for which the action plan was developed has not complied with the benchmarks in the action plan, the President is urged to take one or more of the actions described in paragraph (2) with respect to the country. (2) Presidential action described.-- (A) In general.--Subject to subparagraph (B), the actions described in this paragraph with respect to a country are the following: (i) Multilateral development bank financing.--Instruct the United States Executive Director of each multilateral development bank (as defined in section 1701(c)(4) of the International Financial Institutions Act (22 U.S.C. 262r(c)(4))) to restrict or oppose the approval of any new financing (including loans, guarantees, other credits, insurance, and reinsurance) by the multilateral development bank to the government of the country or with respect to a project located in the country or in which an entity owned or controlled by the government of the country participates. (ii) Preferential trade programs.--Suspend, limit, or withdraw any preferential treatment for which the country qualifies under the Caribbean Basin Economic Recovery Act (19 U.S.C. 2701 et seq.), the African Growth and Opportunity Act (19 U.S.C. 3701 et seq.), or any other trade preference program in effect. (iii) Foreign assistance.--Suspend, restrict, or withdraw the provision of foreign assistance to the country or with respect to projects carried out in the country, including assistance provided under the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.). (B) Exception.--The President may not suspend, restrict, prohibit, or withdraw assistance described in subparagraph (A)(iii) that is provided for humanitarian or disaster relief or for projects related to building capacity or actions to combat cybercrime. (3) Restoration of benefits.--The President shall revoke any actions taken with respect to a country under paragraph (2) on the date on which the President, in consultation with the entities described in section 3(c), determines and certifies to Congress that the government of the country has complied with the benchmarks described in subsection (c). (f) Waiver.-- (1) In general.--The President may waive the requirement under subsection (a) to develop an action plan for a country or the requirement under subsection (b) to make a determination with respect to a country if the President-- (A) determines that such a waiver is in the national interest of the United States; and (B) submits to Congress a report describing the reasons for the determination. (2) Form of report.--A report submitted under paragraph (1)(B) shall be submitted in unclassified form, but may contain a classified annex. SEC. 6. DESIGNATION OF COORDINATOR FOR CYBERSECURITY ISSUES IN THE DEPARTMENT OF STATE. The Secretary of State shall designate a high-level employee of the Department of State-- (1) to coordinate a full range of cybersecurity issues, including activities, policies, and opportunities of the Department of State associated with foreign policy and combating cybercrime; and (2) whose primary responsibilities shall include increasing opportunities with respect to combating cybercrime at an international level. SEC. 7. DESIGNATION OF OFFICIALS TO BE RESPONSIBLE FOR COMBATING CYBERCRIME. The President shall ensure that-- (1) there is an employee of the United States Government with primary responsibility with respect to matters relating to cybercrime policy in each country or region that the President considers significant with respect to the efforts of the United States Government to combat cybercrime globally; and (2) each such employee consults with industry groups in the United States, civil society organizations, and other organizations with an interest in combating cybercrime in carrying out the employee's duties with respect to matters relating to cybercrime. SEC. 8. CONSIDERATION OF CYBERCRIME IN TRADE AGREEMENT NEGOTIATIONS. Before finalizing or modifying any trade agreement with another country, the President shall take into consideration the efforts of the government of that country to combat cybercrime.

International Cybercrime Reporting and Cooperation Act - Directs a presidentially-designated federal agency to report annually to Congress assessing: (1) the extent and nature of foreign cybercrime activities, their impact on the U.S. government, U.S. persons, or U.S. electronic commerce, and the adequacy of the legal, judicial, and law enforcement systems in such countries to combat cybercrime; and (2) multilateral efforts to prevent, investigate, and prosecute cybercrime, including U.S. efforts to encourage such cooperation. Directs the President to give priority for assistance to improve legal, judicial, and enforcement capabilities to countries with low capacities to combat cybercrime. Directs the President to develop an action plan (with legislative, institutional, or enforcement benchmarks) and an annual compliance assessment for each country determined to be a country of cyber concern: (1) from which there is a pattern of cybercrime incidents against the U.S. government, private U.S. entities, or U.S. persons; and (2) whose government is uncooperative with efforts to combat cybercrime. Urges the President to take specified trade, assistance, and financing actions against a country that has not complied with the appropriate benchmarks. Authorizes the President to waive the requirements to develop an action plan or make a determination of cyber concern if in the U.S. national interest. Directs the Secretary of State to designate a high-level Department of State employee to coordinate anti-cybercrime activities. Directs the President to: (1) ensure that there is a federal employee with primary responsibility for cybercrime policy in each country or region significant to U.S. anti-cybercrime efforts, and (2) take into consideration a country's anti-cybercrime efforts before finalizing or modifying any trade agreement with such country. .

A bill to require reporting on the capacity of foreign countries to combat cybercrime, to develop action plans to improve the capacity of certain countries to combat cybercrime, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``American Investment and Job Creation Act of 2012''. SEC. 2. IMMIGRANT VISAS FOR ENTREPRENEURS AND JOB CREATORS. (a) Aliens Who Are Members of the Professions Holding Advanced Degrees.--Section 203(b)(2)(B) of the Immigration and Nationality Act (8 U.S.C. 1153(b)(2)(B)) is amended-- (1) by striking ``(B) (i) Subject to clause (ii)'' and inserting the following: ``(B) National interest waivers.--'' ``(i) In general.--Subject to clauses (ii) and (iii)''; (2) in clause (ii)-- (A) by striking ``(ii) (I) The Attorney General'' and inserting the following: ``(ii) Physicians working in shortage areas or veterans facilities.--'' ``(I) In general.--The Secretary of Homeland Security''; (B) in subclause (II), by striking ``(II) No permanent resident visa'' and inserting the following: ``(II) Prohibition.--No permanent resident visa''; (C) in subclause (III), by striking ``(III) Nothing in this subparagraph'' and inserting the following: ``(III) Statutory construction.--Nothing in this subparagraph''; and (D) in subclause (IV), by striking ``(IV) The requirements of'' and inserting the following: ``(IV) Effective date.--The requirements of''; and (3) by inserting after clause (ii) the following: ``(iii) Entrepreneurs and job creators.-- The Secretary of Homeland Security shall grant a national interest waiver pursuant to clause (i) on behalf of any alien entrepreneur with respect to whom a petition for preference classification has been filed under subparagraph (A) if-- ``(I) the alien has engaged in a new commercial enterprise (including a limited partnership or similar entity) in the United States; and ``(II) such enterprise has benefitted the United States economy and satisfied the employment creation requirements described in section 204(m).''. (b) Skilled Workers, Professionals, and Other Workers.--Section 203(b)(3) of the Immigration and Nationality Act (8 U.S.C. 1153(b)(3)) is amended by inserting after subparagraph (C) the following: ``(D) National interest waiver for entrepreneurs and job creators.--The Secretary of Homeland Security shall waive application of subparagraph (C) on behalf of any alien entrepreneur with respect to whom a petition for preference classification has been filed under subparagraph (A) if-- ``(i) the alien has engaged in a new commercial enterprise (including a limited partnership or similar entity) in the United States; and ``(ii) such enterprise has benefitted the United States economy and satisfied the employment creation requirements described in section 204(m).''. (c) Requirements.-- (1) In general.--Section 204 of the Immigration and Nationality Act is amended by adding at the end the following: ``(m) Entrepreneurs and Job Creators.-- ``(1) Job creation requirements.--For purposes of sections 203(b)(2)(B) and 203(b)(3)(D), a new commercial enterprise shall be deemed to have benefitted the United States economy and satisfied the employment creation requirements of this subsection if the enterprise-- ``(A) has, during the period beginning 4 years prior to the date that a petition for preference classification with respect to the alien has been filed under subparagraph (A), created direct, full-time employment-- ``(i) for not less than 5 United States workers; or ``(ii) in the case of an enterprise in a Distressed Area Development Zone, for not less than 3 United States workers; and ``(B) the enterprise has received enough investment or revenue during the period described in subparagraph (A) to support the employment creation requirements described in such subparagraph. ``(2) Definitions.--For purposes of sections 203(b)(2)(B) and 203(b)(3)(D): ``(A) Full-time employment.--The term `full-time employment' means employment in a position that requires at least 35 hours of service per week at any time, regardless of who fills the position. Such employment may be satisfied on a full-time equivalent basis by calculating the number of full-time employees that could have been employed if the reported number of hours worked by part-time employees had been worked by full-time employees. Full-time equivalent employment shall be calculated by dividing the part-time hours paid by the standard number of hours for full-time employees. ``(B) Investment or revenue.--The term `investment or revenue' does not include any assets acquired, directly or indirectly, by unlawful means. The term `investment' includes assets provided by the alien entrepreneur and may include assets, including venture capital investments, provided pursuant to an investment agreement with investors who are United States citizens or aliens lawfully admitted to the United States for permanent residence. ``(C) United states worker.--The term `United States worker' means an employee (other than the immigrant or the immigrant's spouse, sons, or daughters) who-- ``(i) is a citizen or national of the United States; or ``(ii) is an alien who is lawfully admitted for permanent residence, is admitted as a refugee under section 207, is granted asylum under section 208, or is an immigrant otherwise authorized to be employed in the United States. ``(3) Priority date.--The priority date for any alien who is adjusting status from any nonimmigrant classification described in section 101(a)(15) and who receives a national interest waiver under section 203(b)(2)(B) or 203(b)(3)(D) shall be the date of the first petition or application for status under section 101(a)(15) filed with respect to that alien.''. (2) Distressed area development zones.--Section 101(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a)) is amended by adding at the end the following: ``(53) The term `Distressed Area Development Zone' means-- ``(A) a low-income geographic area, as such term is defined in section 351 of the Small Business Investment Act of 1958 (15 U.S.C. 689); or ``(B) a city or county in the United States-- ``(i) that has experienced high unemployment (of not less than 150 percent of the national average, as determined by the Secretary of Labor) within the preceding 24 months; or ``(ii) has had a 20 percent or more decrease in population since 1970.''. (d) Conforming Amendments.-- (1) Section 203 of the Immigration and Nationality Act is amended by striking ``Attorney General'' each place such term appears and inserting ``Secretary of Homeland Security''. (2) Section 204(a)(1)(E) of the Immigration and Nationality Act is amended by inserting ``or under paragraph (2) or (3) of section 203(b) if such alien is seeking a national interest waiver under section 203(b)(2)(B) or 203(b)(3)(D),'' after ``203(b)(1)(A)''.

American Investment and Job Creation Act of 2012 - Amends the Immigration and Nationality Act to provide an (employment-based) immigrant visa for an alien entrepreneur who has engaged in a new commercial enterprise in the United States that has benefitted the U.S. economy and: (1) has, during the period beginning four years prior to the filing of a preference classification petition for such alien, created full-time employment for at least five U.S. workers, or in the case of an enterprise in a Distressed Area Development Zone, for at least three U.S. workers; and (2) the enterprise has received enough investment or revenue during this period to support such employment creation requirements.

To amend the Immigration and Nationality Act to provide for additional immigrant visas for certain entrepreneurs and job creators, and for other purposes.

. (a) War Powers Resolution.--The War Powers Resolution (Public Law 95-148; 50 U.S.C. 1541 et seq.) is repealed. (b) Conforming Repeal.--Section 1013 of the Department of State Authorization Act, Fiscal Years 1984 and 1985 (50 U.S.C. 1546a) is hereby repealed. SEC. 3. CONSULTATION. The President in every possible instance shall consult with Congress before introducing United States Armed Forces into hostilities or into situations where imminent involvement in hostilities is clearly indicated by the circumstances, and after every such introduction shall consult regularly with the Congress until United States Armed Forces are no longer engaged in hostilities or have been removed from such situations. SEC. 4. REPORTING. (a) Initial Reports.--In the absence of a declaration of war, in any case in which United States Armed Forces are introduced-- (1) into hostilities or into situations where imminent involvement in hostilities is clearly indicated by the circumstances; (2) into the territory, airspace, or waters of a foreign nation, while equipped for combat, except for deployments which relate solely to supply, replacement, repair, or training of such forces; or (3) in numbers which substantially enlarge United States Armed Forces equipped for combat already located in a foreign nation; the President shall submit within 48 hours to the Speaker of the House of Representatives and to the President pro tempore of the Senate a report, in writing, setting forth-- (A) the circumstances necessitating the introduction of United States Armed Forces; (B) the constitutional and legislative authority under which such introduction took place; and (C) the estimated scope and duration of the hostilities or involvement. (b) Additional Information.--The President shall provide such other information as the Congress may request in the fulfillment of its constitutional responsibilities with respect to committing the Nation to war and to the use of United States Armed Forces abroad. (c) Periodic Reports.--Whenever United States Armed Forces are introduced into hostilities or into any situation described in subsection (a) of this section, the President shall, so long as such armed forces continue to be engaged in such hostilities or situation, report to the Congress periodically on the status of such hostilities or situation as well as on the scope and duration of such hostilities or situation, but in no event shall he report to the Congress less often than once every 6 months. SEC. 5. LIMITATION ON PLACEMENT OF UNITED STATES ARMED FORCES UNDER FOREIGN COMMAND FOR A UNITED NATIONS PEACEKEEPING ACTIVITY. Section 6 of the United Nations Participation Act (22 U.S.C. 287d) is amended to read as follows: ``Sec. 6. (a) Any special agreement or agreements negotiated by the President with the Security Council providing for the numbers and types of United States Armed Forces, their degree of readiness and general locations, or the nature of facilities and assistance, including rights of passage, to be made available to the Security Council for the purpose of maintaining international peace and security in accordance with Article 43 of the United Nations Charter, shall be subject to the approval of the Congress by Act or joint resolution. ``(b) The President may not subordinate to the command or operational control of any foreign national any element of the United States Armed Forces participating in any United Nations peacekeeping activity unless-- ``(1) the President satisfies the requirements of subsection (c); or ``(2) the Congress enacts an Act or joint resolution specifically authorizing such subordination. ``(c)(1) The requirements referred to in subsection (b)(1) are that the President submit to the designated congressional committees (at the time specified in paragraph (2) of this subsection) the following documents: ``(A) A determination by the President that-- ``(i) the proposed subordination of United States Armed Forces to foreign command is in the national security interest of the United States; ``(ii) the unit commanders of the United States Armed Forces proposed for subordination to the command of foreign nationals will at all times retain the ability to report independently to higher United States military authorities; ``(iii) the United States will retain authority to withdraw the United States Armed Forces from the United Nations peacekeeping activity at any time and to take action it considers necessary to protect those forces if they are endangered; and ``(iv) the United States Armed Forces subordinated to the command of foreign nationals will at all times remain under United States administrative command for such purposes as discipline and evaluation. ``(B) The justification for the determination made pursuant to subparagraph (A)(i). ``(C) A memorandum of legal points and authorities explaining why the proposed foreign command arrangement does not violate the Constitution. ``(2) The documents described in paragraph (1) shall be submitted to the appropriate congressional committees not less than 15 days before any element of the United States Armed Forces is subordinated to the command and control of a foreign national, except that if the President determines that an emergency exists which prevents compliance with the requirement that notice be provided 15 days in advance, those documents shall be submitted in a timely manner but no later than 48 hours after such subordination. ``(d) For purposes of this section, the term `appropriate committees of Congress' means-- ``(1) the Committee on National Security, the Committee on Appropriations, and the Committee on International Relations of the House of Representatives; and ``(2) the Committee on Armed Services, the Committee on Appropriations, and the Committee on Foreign Relations of the Senate.''. SEC. 6. REDUCTION OF UNITED NATIONS ASSESSMENTS TO THE UNITED STATES FOR PEACEKEEPING OPERATIONS. (a) Annual Report.--The President shall, at the time of submission of the budget to Congress for any fiscal year, submit to the appropriate committees of Congress a report on the total amount of funds appropriated for national defense purposes for any fiscal year after fiscal year 1995 that were expended during the preceding fiscal year to support or participate in, directly or indirectly, United Nations peacekeeping activities. Such report shall include a breakdown by United Nations peacekeeping operation of the amount of funds expended to support or participate in each such operation. (b) Limitation.--In each fiscal year beginning with fiscal year 1996, funds may be obligated or expended for payment to the United Nations of the United States assessed share of peacekeeping operations for that fiscal year only to the extent that such assessed share exceeds the total amount identified in the report submitted pursuant to subsection (a) for the preceding fiscal year, reduced by the amount of any reimbursement or credit to the United States by the United Nations for the costs of United States support for, or participation in, United Nations peacekeeping activities for that fiscal year. (c) Definitions.--As used in this section: (1) The term ``United Nations peacekeeping activities'' means any international peacekeeping, peacemaking, peace- enforcing, or similar activity that is authorized by the United Nations Security Council under chapter VI or VII of the United Nations Charter. (2) The term ``appropriate committees of Congress'' means-- (A) the Committee on National Security, the Committee on Appropriations, and the Committee on International Relations of the House of Representatives; and (B) the Committee on Armed Services, the Committee on Appropriations, and the Committee on Foreign Relations of the Senate. SEC. 7. PRIOR CONGRESSIONAL NOTIFICATION OF SECURITY COUNCIL VOTES ON UNITED NATIONS PEACEKEEPING ACTIVITIES. (a) Notice to Congress of Proposed United Nations Peacekeeping Activities.--Section 4 of the United Nations Participation Act of 1945 (22 U.S.C. 287b) is amended-- (1) by redesignating subsection (e) as subsection (g); and (2) by inserting after subsection (d) the following: ``(e) Notice to Congress of Proposed United Nations Peacekeeping Activities.--(1) Except as provided in paragraph (2), at least 15 days before any vote in the Security Council to authorize any United Nations peacekeeping activity or any other action under the Charter of the United Nations (including any extension, modification, suspension, or termination of any previously authorized United Nations peacekeeping activity or other action) which would involve the use of United States Armed Forces or the expenditure of United States funds, the President shall submit to the designated congressional committees a notification with respect to the proposed action. The notification shall include the following: ``(A) A cost assessment of such action (including the total estimated cost and the United States share of such cost). ``(B) Identification of the source of funding for the United States share of the costs of the action (whether in an annual budget request, reprogramming notification, a rescission of funds, a budget amendment, or a supplemental budget request). ``(2)(A) If the President determines that an emergency exists which prevents submission of the 15-day advance notification specified in paragraph (1) and that the proposed action is in the national security interests of the United States, the notification described in paragraph (1) shall be provided in a timely manner but no later than 48 hours after the vote by the Security Council. ``(B) Determinations made under subparagraph (A) may not be delegated. ``(f) Adverse Personnel Actions and Criminal Penalties.--Any officer or employee of the United States Government who knowingly and willfully obligates or expends United States funds to carry out any Security Council action described in subsection (e) without the requirements of that subsection having been met shall be subject to the same adverse personnel actions and criminal penalties as are described in sections 1349 and 1350, respectively, of title 31, United States Code (originally enacted in the Anti-Deficiency Act).''. SEC. 8. AVAILABILITY OF APPROPRIATIONS. Section 4 of the United Nations Participation Act of 1945 (22 U.S.C. 2876), as amended by section 7, is further amended-- (1) by redesignating subsection (g) as subsection (h); and (2) by inserting after subsection (f) the following: ``(g) Availability of Appropriations.--(1) The authority to obligate United States funds to carry out any action pursuant to a United Nations Security Council resolution under chapter VI or VII of the United Nations Charter may be exercised only to the extent and in the amounts provided in appropriation Acts. ``(2) The President, acting through the United States Permanent Representative to the United Nations, should advise the Security Council of the requirement of this section on each occasion when the United States supports a Security Council resolution that may result in United States assessed contributions to the United Nations exceeding amounts currently available to be obligated for that purpose.''. SEC. 9. LIMITATION ON ASSESSMENT PERCENTAGE FOR PEACEKEEPING ACTIVITIES. Section 404(b)(2) of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236) is amended by adding at the end the following new sentence: ``Any penalties, interest, or other charges imposed on the United States in connection with such contributions shall be credited as a part of the percentage limitation contained in the preceding sentence.''.

Peace Powers Act of 1995 - Repeals the War Powers Resolution. (Sec. 3) Requires the President, in every possible instance, to consult with the Congress before introducing the armed forces into hostilities or into situations where imminent involvement in hostilities is clearly indicated and to consult regularly with the Congress until such forces are no longer engaged in such hostilities or have been removed from such situations. (Sec. 4) Directs the President, in the absence of a declaration of war, to report to the Speaker of the House and the president of the Senate in any case in which the armed forces are introduced: (1) into hostilities or situations described above; (2) into the territory, airspace, or waters of a foreign nation while equipped for combat, with specified exceptions; or (3) in numbers which substantially enlarge armed forces equipped for combat already located in a foreign nation. Requires such report to set forth: (1) the circumstances necessitating such introduction; (2) the constitutional and legislative authority under which such introduction took place; and (3) the estimated scope and duration of the hostilities or involvement. Provides for continuing reports to the Congress as long as the armed forces are so engaged. (Sec. 5) Amends the United Nations Participation Act to prohibit the President from subordinating any element of the armed forces participating in a United Nations peacekeeping activity to the command or operational control of any foreign nationals unless he submits specified documents to the designated congressional committees or the Congress enacts an Act or joint resolution authorizing such subordination. Lists as the specified documents determinations by the President that: (1) the proposed subordination is in the national security interest (along with a justification for such determination); (2) the unit commanders of the armed forces proposed for subordination will retain the ability to report independently to higher U.S. military authorities; (3) the United States will retain authority to withdraw the armed forces from the activity at any time and to take any action to protect such forces if endangered; (4) the armed forces will remain under U.S. administrative command for purposes of discipline and evaluation; and (5) the proposed foreign command arrangement does not violate the Constitution. (Sec. 6) Requires the President to report to the appropriate congressional committees on the total amount of funds appropriated for national defense purposes after FY 1995 that were expended during the preceding fiscal year for United Nations peacekeeping activities. Permits the payment to the United Nations of the U.S. share of peacekeeping activities, beginning with FY 1996, only to the extent that such share exceeds the total amount appropriated for the preceding fiscal year reduced by the amount of any reimbursement or credit for U.S. support for peacekeeping. (Sec. 7) Provides for notification to the Congress of proposed participation in, or expenditure of funds for, United Nations peacekeeping activities.

Peace Powers Act of 1995

SECTION 1. SHORT TITLE. (a) Short Title.--This Act may be cited as the ``Tax Equity Preservation 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. SEC. 2. REPEAL OF ALTERNATIVE MINIMUM TAX ON INDIVIDUALS. (a) In General.--Subsection (a) of section 55 (relating to alternative minimum tax imposed) is amended by adding at the end the following new flush sentence: ``Except in the case of a corporation, no tax shall be imposed by this section for any taxable year beginning after December 31, 1998, and the tentative minimum tax of any taxpayer other than a corporation shall be zero for purposes of this title.'' (b) Conforming Amendments.-- (1) Subparagraph (B) of section 1(g)(7) is amended by adding ``and'' at the end of clause (i), by striking ``, and'' at the end of clause (ii) and inserting a period, and by striking clause (iii). (2) Section 2(d) is amended by striking ``sections 1 and 55'' and inserting ``section 1'' (3) Section 5(a) is amended by striking paragraph (4). (4) Subsection (d) of section 24 is amended by striking paragraph (2) and by redesignating paragraph (3) as paragraph (2). (5) Subsection (c) of section 26 is amended by inserting before the period ``; except that such amount shall be treated as being zero in the case of a taxpayer other than a corporation.'' (6) Paragraph (6) of section 29(b) is amended to read as follows: ``(6) Application with other credits.--The credit allowed by subsection (a) for any taxable year shall not exceed the regular tax for the taxable year reduced by the sum of the credits allowable under subpart A and section 27. In the case of a corporation, the limitation under the preceding sentence shall be reduced (but not below zero) by the tentative minimum tax for the taxable year.''. (7) Paragraph (3) of section 30(b) is amended to read as follows: ``(3) Application with other credits.--The credit allowed by subsection (a) for any taxable year shall not exceed the regular tax for the taxable year reduced by the sum of the credits allowable under subpart A and sections 27 and 29. In the case of a corporation, the limitation under the preceding sentence shall be reduced (but not below zero) by the tentative minimum tax for the taxable year.''. (8) Section 32 is amended by striking subsection (h). (9) Subsection (d) of section 53(d) is amended to read as follows: ``(d) Definitions.--For purposes of this section-- ``(1) Net minimum tax.--The term `net minimum tax' means the tax imposed by section 55 increased by the amount of the credit not allowed under section 29 (relating to credit for producing fuel from a nonconventional source) solely by reason of the application of the last sentence of section 29(b)(6), or not allowed under section 30 solely by reason of the application of the last sentence of section 30(b)(3). ``(2) Tentative minimum tax.--The term `tentative minimum tax' has the meaning given to such term by section 55(b); except that such tax shall be treated as being zero in the case of a taxpayer other than a corporation.''. (10)(A) Subsection (b) of section 55 (relating to alternative minimum tax imposed) is amended to read as follows: ``(b) Tentative Minimum Tax.--For purposes of this part-- ``(1) Amount of tentative tax.--The tentative minimum tax for the taxable year is-- ``(A) 20 percent of so much of the alternative minimum taxable income for the taxable year as exceeds the exemption amount, reduced by ``(B) the alternative minimum tax foreign tax credit for the taxable year. ``(2) Alternative minimum taxable income.--The term `alternative minimum taxable income' means the taxable income of the taxpayer for the taxable year-- ``(A) determined with the adjustments provided in section 56, and ``(B) increased by the amount of the items of tax preference described in section 57. If a taxpayer is subject to the regular tax, such taxpayer shall be subject to the tax imposed by this section (and, if the regular tax is determined by reference to an amount other than taxable income, such amount shall be treated as the taxable income of such taxpayer for purposes of the preceding sentence).''. (B) Subsection (d) of section 55 is amended to read as follows: ``(d) Exemption Amount.--For purposes of this section-- ``(1) In general.--The term `exemption amount' means $40,000. ``(2) Phase-out of exemption amount.--The exemption amount of any taxpayer shall be reduced (but not below zero) by an amount equal to 25 percent of the amount by which the alternative minimum taxable income of the taxpayer exceeds $150,000.''. (11)(A) Paragraph (6) of section 56(a) is amended to read as follows: ``(6) Adjusted basis.--The adjusted basis of any property to which paragraph (1) or (5) applies (or with respect to which there are any expenditures to which paragraph (2) applies) shall be determined on the basis of the treatment prescribed in paragraph (1), (2), or (5), whichever applies.''. (B) Section 56 is amended by striking subsection (b). (C) Subsection (c) of section 56 is amended by striking so much of the subsection as precedes paragraph (1), by redesignating paragraphs (1), (2), and (3) as paragraphs (8), (9), and (10), respectively, and moving them to the end of subsection (a). (D) Paragraph (8) of section 56(a), as redesignated by subparagraph (C), is amended by striking ``subsection (g)'' and inserting ``subsection (c)''. (E) Section 56 is amended by striking subsection (e) and by redesignating subsections (d) and (g) as subsections (b) and (c), respectively. (12)(A) Section 58 is hereby repealed. (B) Clause (i) of section 56(b)(2)(A) (as redesignated by paragraph (11)(E)), is amended by inserting ``, in the case of taxable years beginning before January 1, 1999,'' before ``section 58''. (C) Subsection (h) of section 59 is amended-- (i) by striking ``, 465, and 1366(d)'' and inserting ``and 465'', and (ii) by striking ``56, 57, and 58'' and inserting ``56 and 57''. (13)(A) Subparagraph (C) of section 59(a)(1) is amended by striking ``subparagraph (A)(i) or (B)(i) of section 55(b)(1) (whichever applies)'' and inserting ``section 55(b)(1)(A)''. (B) Paragraph (3) of section 59(a) is amended to read as follows: ``(3) Pre-credit tentative minimum tax.--For purposes of this subsection, the term `pre-credit tentative minimum tax' means the amount determined under section 55(b)(1)(A).''. (C) Section 59 is amended by striking subsection (c). (D) Section 59 is amended by striking subsection (j). (14) Paragraph (7) of section 382(l) is amended by striking ``section 56(d)'' and inserting ``section 56(b)''. (15) Paragraph (2) of section 641(c) is amended by striking subparagraph (B) and by redesignating subparagraphs (C) and (D) as subparagraphs (B) and (C), respectively. (16) Subsections (b) and (c) of section 666 are each amended by striking ``(other than the tax imposed by section 55)''. (17) Subsections (c)(5) and (d)(3)(B) of section 772 are each amended by striking ``56, 57, and 58'' and inserting ``56 and 57''. (18) Sections 847 and 848(i) are each amended by striking ``section 56(g)'' and inserting ``section 56(c)''. (19) Sections 871(b)(1) and 877(b) are each amended by striking ``or 55''. (20) Subsection (a) of section 897 is amended to read as follows: ``(a) General Rule.--For purposes of this title, gain or loss of a nonresident alien individual or a foreign corporation from the disposition of a United States real property interest shall be taken into account-- ``(1) in the case of a nonresident alien individual, under section 871(b)(1), or ``(2) in the case of a foreign corporation, under section 882(a)(1), as if the taxpayer were engaged in a trade or business within the United States during the taxable year and as if such gain or loss were effectively connected with such trade or business.''. (21) Paragraph (1) of section 962(a) is amended by striking ``sections 1 and 55'' and inserting ``section 1''. (22) Paragraph (1) of section 1397E(c) is amended to read as follows: ``(1) the regular tax liability (as defined in section 26(b), over'' (23) The last sentence of section 1563(a) is amended by striking ``section 55(d)(3)'' and inserting ``section 55(d)(2)''. (24) Subparagraph (B) of section 6015(d)(2) is amended by striking ``or 55''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1998.

Tax Equity Preservation Act of 1999 - Amends the Internal Revenue Code to repeal the alternative minimum tax on individuals as of December 31, 1998. (Retains the alternative minimum tax on corporations.)

Tax Equity Preservation Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``No Arms Sales to Iran Act''. SEC. 2. FINDINGS. Congress finds the following: (1) United Nations Security Council Resolution 2231 (2015) which endorses implementation of the Joint Comprehensive Plan of Action also provides restrictions on ballistic missile- related transfers to or activities with Iran absent case-by- case approval by the United Nations Security Council. (2) Iran has conducted at least three ballistic missile tests since implementation of the Joint Comprehensive Plan of Action in 2015. (3) Iran continues to pursue a policy of destabilization throughout the Middle East, relying on proxies and direct military engagement to challenge United States partners and threaten Israel. (4) Various countries have reportedly proposed arms transfers to or activities with Iran despite Iran's ongoing regional aggression. SEC. 3. SENSE OF CONGRESS. It is the sense of Congress that-- (1) arms transfers to or activities with Iran would empower Iran to further destabilize the region and would undermine core objectives of regional peace; and (2) the Secretary of State, through bilateral engagement and multilateral fora, should diplomatically engage with the governments of countries that have reportedly proposed arms transfers to or activities with Iran and with other United Nations Security Council member states in order to prevent such transfers or activities. SEC. 4. REPORT. Not later than 90 days after the date of the enactment of this Act, and annually thereafter, the Secretary of State shall submit to Congress a report on each covered activity or transfer, and the diplomatic responses of the United States to each such covered activity or transfer, that is proposed during the one-year period preceding the date of the submission of the report. SEC. 5. PROHIBITION ON MILITARY ASSISTANCE TO COUNTRIES THAT ENGAGE IN ARMS TRANSFERS AND ACTIVITIES WITH RESPECT TO IRAN. (a) In General.--Subject to subsection (c), and effective beginning on the date that is 180 days after the date of the enactment of this Act-- (1) no military assistance, including military assistance furnished under the Foreign Assistance Act of 1961, the Arms Export Control Act, or any other provision of law, may be provided to a county that engages in any covered activity or transfer; and (2) no license may be granted to export an item on the United States Munitions List under section 38 of the Arms Export Control Act (22 U.S.C. 2778) or any other provision of law to any country that engages in any covered activity or transfer. (b) Waiver.--The President may waive the prohibitions under subsections (a) on a case-by-case basis with respect to a particular country if the President determines and reports to the appropriate congressional committees that it is important to the national interest of the United States to do so. SEC. 6. DEFINITIONS. In this Act: (1) Appropriate congressional committees.--The term ``appropriate committees of Congress'' means-- (A) the Committee on Armed Services, the Committee on Foreign Affairs, and the Committee on Appropriations of the House of Representatives; and (B) the Committee on Armed Services, the Committee on Foreign Relations, and the Committee on Appropriations of the Senate. (2) Covered transfer or activity.--The term ``covered activity or transfer'' means any arms transfer to or activity with Iran described in paragraphs 2, 4, and 5 of Annex B of United Nations Security Council Resolution 2231 (2015) with respect to which a country has sought approval by the United Nations Security Council under such Resolution. (3) Joint comprehensive plan of action.--The term ``Joint Comprehensive Plan of Action'' means the Joint Comprehensive Plan of Action, agreed to at Vienna July 14, 2015, by Iran and by the People's Republic of China, France, Germany, the Russian Federation, the United Kingdom and the United States, with the High Representative of the European Union for Foreign Affairs and Security Policy, and all implementing materials and agreements related to the Joint Comprehensive Plan of Action, and transmitted by the President to Congress on July 19, 2015, pursuant to section 135(a) of the Atomic Energy Act of 1954, as amended by the Iran Nuclear Agreement Review Act of 2015 (Public Law 114-17; 129 Stat. 201).

No Arms Sales to Iran Act This bill prohibits military assistance or military export licenses from being provided to a country that engages in U.N.-restricted arms transfers to or activity with Iran. The President may waive such prohibitions if in the U.S. national interest.

No Arms Sales to Iran Act

SECTION 1. AMENDMENT TO MAKE CHAPTER 12 OF TITLE 11, UNITED STATES CODE, PERMANENT. (a) Reenactment.--Chapter 12 of title 11, United States Code, as reenacted by section 149 of division C of the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999 (Public Law 105-277), and amended by this Act, is reenacted. (b) Effective Date.--Subsection (a) shall take effect on April 1, 1999. (c) Conforming Amendment.--Section 302 of the Bankruptcy, Judges, United States Trustees, and Family Farmer Bankruptcy Act of 1986 (28 U.S.C. 581 note) is amended by striking subsection (f). SEC. 2. FAMILY FISHERMEN. (a) Definitions.--Section 101 of title 11, United States Code, is amended-- (1) by inserting after paragraph (7) the following: ``(7A) `commercial fishing operation' includes-- ``(A) the catching or harvesting of fish, shrimp, lobsters, urchins, seaweed, shellfish, or other aquatic species or products; and ``(B) aquaculture activities consisting of raising for market any species or product described in subparagraph (A);''; ``(7B) `commercial fishing vessel' means a vessel used by a fisherman to carry out a commercial fishing operation;''; (2) by inserting after paragraph (19) the following: ``(19A) `family fisherman' means-- ``(A) an individual or individual and spouse engaged in a commercial fishing operation-- ``(i) whose aggregate debts do not exceed $1,500,000 and not less than 80 percent of whose aggregate noncontingent, liquidated debts (excluding a debt for the principal residence of such individual or such individual and spouse, unless such debt arises out of a commercial fishing operation), on the date the case is filed, arise out of a commercial fishing operation owned or operated by such individual or such individual and spouse; and ``(ii) who receive from such commercial fishing operation more than 50 percent of such individual's or such individual's and spouse's gross income for the taxable year preceding the taxable year in which the case concerning such individual or such individual and spouse was filed; or ``(B) a corporation or partnership-- ``(i) in which more than 50 percent of the outstanding stock or equity is held by-- ``(I) 1 family that conducts the commercial fishing operation; or ``(II) 1 family and the relatives of the members of such family, and such family or such relatives conduct the commercial fishing operation; and ``(ii)(I) more than 80 percent of the value of its assets consists of assets related to the commercial fishing operation; ``(II) its aggregate debts do not exceed $1,500,000 and not less than 80 percent of its aggregate noncontingent, liquidated debts (excluding a debt for 1 dwelling which is owned by such corporation or partnership and which a shareholder or partner maintains as a principal residence, unless such debt arises out of a commercial fishing operation), on the date the case is filed, arise out of a commercial fishing operation owned or operated by such corporation or such partnership; and ``(III) if such corporation issues stock, such stock is not publicly traded;''; and (3) by inserting after paragraph (19A) the following: ``(19B) `family fisherman with regular annual income' means a family fisherman whose annual income is sufficiently stable and regular to enable such family fisherman to make payments under a plan under chapter 12 of this title;''. (b) Who May Be a Debtor.--Section 109(f) of title 11, United States Code, is amended by inserting ``or family fisherman'' after ``family farmer''. (c) Chapter 12.--Chapter 12 of title 11, United States Code, is amended-- (1) in the chapter heading, by inserting ``OR FISHERMAN'' after ``FAMILY FARMER''; (2) in section 1201, by adding at the end the following: ``(e)(1) Notwithstanding any other provision of law, for purposes of this subsection, a guarantor of a claim of a creditor under this section shall be treated in the same manner as a creditor with respect to the operation of a stay under this section. ``(2) For purposes of a claim that arises from the ownership or operation of a commercial fishing operation, a co-maker of a loan made by a creditor under this section shall be treated in the same manner as a creditor with respect to the operation of a stay under this section.''; (3) in section 1203, by inserting ``or commercial fishing operation'' after ``farm''; (4) in section 1206, by striking ``if the property is farmland or farm equipment'' and inserting ``if the property is farmland, farm equipment, or property of a commercial fishing operation (including a commercial fishing vessel)''; and (5) by adding at the end the following: ``Sec. 1232. Additional provisions relating to family fishermen ``(a)(1) Notwithstanding any other provision of law, except as provided in subsection (c), with respect to any commercial fishing vessel of a family fisherman, the debts of that family fisherman shall be treated in the manner prescribed in paragraph (2). ``(2)(A) For purposes of this chapter, a claim for a lien described in subsection (b) for a commercial fishing vessel of a family fisherman that could, but for this subsection, be subject to a lien under otherwise applicable maritime law, shall be treated as an unsecured claim. ``(B) Subparagraph (A) applies to a claim for a lien resulting from a debt of a family fisherman incurred on or after the date of enactment of this chapter. ``(b) A lien described in this subsection is-- ``(1) a maritime lien under subchapter III of chapter 313 of title 46, United States Code, without regard to whether that lien is recorded under section 31343 of title 46, United States Code; or ``(2) a lien under applicable State law (or the law of a political subdivision thereof). ``(c) Subsection (a) shall not apply to-- ``(1) a claim made by a member of a crew or a seaman including a claim made for-- ``(A) wages, maintenance, or cure; or ``(B) personal injury; or ``(2) a preferred ship mortgage that has been perfected under subchapter II of chapter 313 of title 46, United States Code. ``(d) For purposes of this chapter, a mortgage described in subsection (c)(2) shall be treated as a secured claim.''. (d) Clerical Amendments.-- (1) Table of chapters.--In the table of chapters for title 11, United States Code, the item relating to chapter 12, is amended to read as follows: ``12. Adjustments of Debts of a Family Farmer or Family 1201''. Fisherman with Regular Annual Income. (2) Table of sections.--The table of sections for chapter 12 of title 11, United States Code, is amended by adding at the end the following new item: ``1232. Additional provisions relating to family fishermen.''.

Amends the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999 to reenact permanently chapter 12 of the Federal Bankruptcy Code (Adjustments of Debts of a Family Farmer). Amends Federal bankruptcy provisions to include family fishermen as authorized debtors. Requires a guarantor of a claim of a creditor to be treated in the same manner as a creditor with respect to the operation of a stay under such provisions. Treats, with respect to the ownership or operation of a commercial fishing operation, a co-maker of a loan made by a creditor in the same manner as a creditor with respect to such a stay. Includes a commercial fishing operation under provisions concerning debtor rights and powers. Treats a claim for a lien for a commercial fishing vessel of a family fisherman as an unsecured claim. States that such treatment shall not apply to: (1) a claim made by a crewmember or seaman for wages or personal injury; or (2) a preferred ship mortgage that has been perfected under provisions of the Uniform Commercial Code.

A bill to amend title 11, United States Code, to provide for family fishermen, and to make chapter 12 of title 11, United States Code, permanent.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Community Integration Act of 2016''. SEC. 2. FINDINGS. Congress finds the following: (1) The Supreme Court's 1999 decision in Olmstead v. L.C., 527 U.S. 581 (1999), held that the unnecessary segregation of individuals with disabilities is a violation of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.). (2) Under Olmstead, individuals generally have the right to receive their supports and services in home and community-based settings, rather than in institutional settings, if they so choose. (3) Olmstead envisioned that States would provide appropriate long-term services and supports to individuals with disabilities through home and community-based services and end forced segregation in nursing homes and other institutions. (4) While there has been progress in rebalancing State spending on individuals with disabilities in institutions as compared to home and community-based settings, more than 75 percent of States continue to spend the majority of their long- term care dollars on nursing homes and other institutional settings, and the number of individuals with disabilities under age 65 in nursing homes increased between 2008 and 2012. (5) As of June 2013, there were more than 200,000 individuals younger than age 65 in nursing homes--almost 16 percent of the total nursing home population. (6) Thirty-eight studies published from 2005 to 2012 concluded that providing services in home and community-based settings is less costly than providing care in a nursing home or other institutional setting. (7) No clear or centralized reporting system exists to compare how effectively States are meeting the Olmstead mandate. SEC. 3. ENSURING MEDICAID BENEFICIARIES MAY ELECT TO RECEIVE CARE IN A HOME AND COMMUNITY-BASED SETTING. (a) In General.--Section 1902(a) of the Social Security Act (42 U.S.C. 1396a(a)) is amended-- (1) in paragraph (81), by striking ``and'' at the end; (2) in paragraph (82), by striking the period and inserting ``; and''; and (3) by inserting after paragraph (82) the following new paragraph: ``(83) in the case of any individual with respect to whom there has been a determination that the individual requires the level of care provided in a nursing facility, intermediate care facility for the mentally retarded, institution for mental disease, or other similarly restrictive or institutional setting-- ``(A) provide the individual with the choice and opportunity to receive such care in a home and community-based setting, including rehabilitative services, assistance and support in accomplishing activities of daily living, instrumental activities of daily living, and health-related tasks, and assistance in acquiring, maintaining, or enhancing skills necessary to accomplish such activities, tasks, or services; ``(B) ensure that each such individual has an equal opportunity (when compared to the receipt and availability of nursing facility services) to receive care in a home and community-based setting, if the individual so chooses, by ensuring that the provision of such care in a home and community-based setting is widely available on a statewide basis for all such individuals within the State; and ``(C) meet the requirements of section 1904A (relating to the provision of care in a home and community-based setting).''. (b) Requirements for Community Care Options.--Title XIX of the Social Security Act is amended by inserting after section 1904 (42 U.S.C. 1396c) the following new section: ``provisions related to home and community-based care ``Sec. 1904A. (a) Definitions.--For purposes of this section, section 1902(a)(83), and section 1905(a)(4)(A): ``(1) Activities of daily living.--The term `activities of daily living' includes, but is not limited to, tasks such as eating, toileting, grooming, dressing, bathing, and transferring. ``(2) Health-related tasks.--The term `health-related tasks' means specific tasks related to the needs of an individual, including, but not limited to, bowel or bladder care, wound care, use and care of ventilators and feeding tubes, and the administration of medications and injections, which, in the opinion of the individual's physician, can be delegated to be performed by an attendant. ``(3) Home and community-based setting.--The term `home and community-based setting' means, with respect to an individual who requires a level of care provided in a nursing facility, intermediate care facility for the mentally retarded, institution for mental disease, or other similarly restrictive or institutional setting, a setting that-- ``(A) includes a house, apartment, townhouse, condominium, or similar public or private housing where the individual resides that-- ``(i) is owned or leased by the individual or a member of the individual's family; ``(ii) ensures the individual's privacy, dignity, respect, and freedom from coercion; and ``(iii) maximizes the individual's autonomy and independence; ``(B) is integrated in, and provides access to, the general community in which the setting is located so that the individual has access to the community and opportunities to seek employment and work in competitive integrated settings, participate in community life, control and utilize personal resources, benefit from community services, and participate in the community in an overall manner that is comparable to that available to individuals who are not individuals with disabilities; and ``(C) has the services and supports that the individual needs in order to live as independently as possible. ``(4) Instrumental activities of daily living.--The term `instrumental activities of daily living' means activities related to living independently in the community and includes, but is not limited to, meal planning and preparation, managing finances, shopping for food, clothing, and other items, performing household chores, communicating by phone or other media, and traveling around and participating in the community. ``(5) Public entity.--The term `public entity' means a public entity as defined in subparagraphs (A) and (B) of section 201(1) of the Americans with Disabilities Act of 1990. ``(b) Requirements for Providing Services in Home and Community- Based Settings.--With respect to the availability and provision of services under the State plan under this title, or under any waiver of State plan requirements (subject to section 3(d) of the Community Integration Act of 2016), in a home and community-based setting to any individual who requires a level of care provided in a nursing facility, intermediate care facility for the mentally retarded, institution for mental disease, or other similarly restrictive or institutional setting, any public entity that receives payment under the State plan or waiver for providing services to such an individual shall not-- ``(1) impose or utilize policies, practices, or procedures, such as unnecessary requirements or arbitrary service or cost caps, that limit the availability of services in home and community-based settings to an individual with a disability (including individuals with the most significant disabilities) who need such services; ``(2) impose or utilize policies, practices, or procedures that limit the availability of services in a home and community-based setting (including assistance and support in accomplishing activities of daily living, instrumental activities of daily living, health-related tasks, and rehabilitative services) based on the specific disability of an otherwise eligible individual; ``(3) impose or utilize policies, practices, or procedures that arbitrarily restrict an individual with a disability from full and meaningful participation in community life; ``(4) impose or utilize policies, practices, or procedures that unnecessarily delay or restrict the provision of services in a home and community-based setting to any individual who requires such services; ``(5) fail to establish and utilize adequate payment structures to maintain a sufficient workforce to provide services in home and community-based settings to any individual who requires such services; ``(6) fail to provide information, on an ongoing basis, to help any individual who receives care in a nursing facility, intermediate care facility for the mentally retarded, institution for mental disease, or other similarly restrictive or institutional setting, understand the individual's right to choose to receive such care in a home and community-based setting; or ``(7) fail to provide information to help any individual that requires the level of care provided in a nursing facility, intermediate care facility for the mentally retarded, institution for mental disease, or other similarly restrictive or institutional setting, prior to the individual's placement in such a facility or institution, understand the individual's right to choose to receive such care in a home and community- based setting. ``(c) Plan To Increase Affordable and Accessible Housing.--Not later than 180 days after the enactment of this section, each State shall develop a statewide plan to increase the availability of affordable and accessible private and public housing stock for individuals with disabilities (including accessible housing for individuals with physical disabilities and those using mobility devices). ``(d) Availability of Remedies and Procedures.-- ``(1) In general.--The remedies and procedures set forth in sections 203 and 505 of the Americans with Disabilities Act of 1990 shall be available to any person aggrieved by the failure of-- ``(A) a State to comply with this section or section 1902(a)(83); or ``(B) a public entity (including a State) to comply with the requirements of subsection (b). ``(2) Rule of construction.--Nothing in paragraph (1) shall be construed to limit any remedy or right of action that otherwise is available to an aggrieved person under this title. ``(e) Enforcement by the Secretary.-- ``(1) In general.--The Secretary may reduce the Federal matching assistance percentage applicable to the State (as determined under section 1905(b)) if the Secretary determines that the State has violated the requirements of subsection (b). ``(2) Rule of construction.--Nothing in paragraph (1) shall be construed to limit any remedy or right of action that is otherwise available to the Secretary. ``(f) Reporting Requirements.--With respect to fiscal year 2018, and for each fiscal year thereafter, each State shall submit to the Administrator of the Administration for Community Living of the Department of Health and Human Services, not later than April 1 of the succeeding fiscal year, a report, in such form and manner as the Secretary shall require, that includes-- ``(1) the total number of individuals enrolled in the State plan or under a waiver of the plan during such fiscal year that required the level of care provided in a nursing facility, intermediate care facility for the mentally retarded, institution for mental disease, or other similarly restrictive or institutional setting, disaggregated by the type of facility or setting; ``(2) with respect to the total number described in paragraph (1), the total number of individuals described in that paragraph who received care in a nursing facility, intermediate care facility for the mentally retarded, institution for mental disease, or other similarly restrictive or institutional setting, disaggregated by the type of facility or setting; and ``(3) with respect to the total number described in paragraph (2), the total number of individuals described in that paragraph who were transitioned from a nursing facility, intermediate care facility for the mentally retarded, institution for mental disease, or other similarly restrictive or institutional setting to a home and community-based setting, disaggregated by the type of home and community-based setting.''. (c) Inclusion as a Mandatory Service.--Section 1905(a)(4)(A) of the Social Security Act (42 U.S.C. 1396d(a)(4)(A)) is amended by striking ``other than'' and inserting ``including similar services such as rehabilitative services and assistance and support in accomplishing activities of daily living, instrumental activities of daily living, and health-related tasks, that are provided, at the individual's option, in a home and community-based setting (as defined in section 1904A(a)(3)), but not including''. (d) Application to Waivers.--Notwithstanding section 1904A of the Social Security Act (as added by subsection (b)), such section and sections 1902(a)(83) and 1905(a)(4)(A) of the Social Security Act (42 U.S.C. 1396 et seq.), as amended by subsections (a) and (c), respectively, shall not apply to any individuals who are eligible for medical assistance for home and community-based services under a waiver under section 1115 or 1915 of the Social Security Act (42 U.S.C. 1315, 1396n) and who are receiving such services, to the extent such sections (as so added or amended) are inconsistent with any such waiver. (e) Effective Date.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall take effect on October 1, 2016. (2) Delay permitted if state legislation required.--In the case of a State plan under section 1902 of the Social Security Act (42 U.S.C. 1396a) 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 section, the State plan shall not be regarded as failing to comply with the requirements of such section 1902 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 such session shall be deemed to be a separate regular session of the State legislature.

Community Integration Act of 2016 This bill amends title XIX (Medicaid) of the Social Security Act to require a state Medicaid program to, with respect to an individual who requires a level of care provided in a nursing facility, intermediate care facility for the developmentally disabled, institution for mental disease, or other similar setting: (1) provide the individual with the choice and equal opportunity to receive such care in a home- and community-based setting; and (2) meet specified requirements relating to the provision and availability of care in such a setting, including a requirement to develop a statewide plan to increase affordable and accessible housing for individuals with disabilities.

Community Integration Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``Children's Health Coverage Improvement Act of 1999''. SEC. 2. REQUIRING OFFER OF CHILDREN'S-ONLY COVERAGE UNDER GROUP HEALTH PLANS. (a) In General.--Part 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 is amended by inserting after section 713 the following new section: ``SEC. 714. PROVIDING OPTION OF CHILDREN'S ONLY COVERAGE. ``(a) Requirement for Option.--Each group health plan shall provide, as at least one benefit option under the plan, health benefits coverage for qualified children (as defined in subsection (b)). ``(b) Qualified Child Defined.--For purposes of this section, the term `qualified child' means, with respect to a group health plan, an individual who is under 19 years of age and is a dependent of a participant who is enrolled for benefits under such plan. A group health plan may treat other individuals as qualified children under the plan. ``(c) Terms of Option.-- ``(1) Timing.-- ``(A) In general.--Subject to subparagraph (B), the option under subsection (a) by a group health plan shall be made at such times as the person (of whom the qualified child is a dependent) is permitted to elect coverage under the plan. ``(B) Transition.--A group health plan shall also make such offer available at the time this section first becomes effective. ``(2) May require enrollment of all qualified children in a family.--The offer under this section, made with respect to an individual who is the qualified child of a participant, may be conditioned upon the election of the option by all qualified children of the participant.''. (b) Clerical Amendment.--The table of contents in section 1 of such Act is amended by inserting after the item relating to section 713 the following new item: ``Sec. 714. Providing option of children's only coverage.''. SEC. 3. PROVISIONS OF CHILDREN-ONLY COVERAGE UNDER COBRA CONTINUATION PROVISIONS. (a) In General.--Part 6 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 is amended by inserting after section 609 the following new section: ``SEC. 610. SPECIAL RULES FOR CHILDREN ONLY COVERAGE. ``In carrying out sections 601 through 608, the following additional rules shall apply: ``(1) The term `continuation coverage' shall include, in addition to the coverage otherwise required, at least one option of benefits coverage that meets the terms and conditions of section 714. ``(2) The premium for the continuation coverage described in paragraph (1) shall be established only with regard to such coverage. ``(3) The election of continuation coverage described in paragraph (1) shall be available with respect to qualified beneficiaries who previously had such coverage before the date of the qualifying event or were covered under family coverage before such date.''. (b) Clerical Amendment.--The table of contents in section 1 of such Act is amended by inserting after the item relating to section 609 the following new item: ``Sec. 610. Special rules for children only coverage. SEC. 4. EFFECTIVE DATE. (a) In General.--Except as provided in this section, the amendments made by this Act shall apply with respect to group health plans for plan years beginning after the first day of the first month that begins more than 9 months after the date of the enactment of this Act. (b) Special Rule for Collective Bargaining Agreements.--In the case of a group health plan maintained pursuant to 1 or more collective bargaining agreements between employee representatives and one or more employers ratified before the date of the enactment of this Act, section 714 of the Employee Retirement Income Security Act of 1974 shall not apply to plan years beginning before the later of-- (1) the date on which the last of the collective bargaining agreements relating to the plan terminates (determined without regard to any extension thereof agreed to after the date of the enactment of this Act), or (2) the effective date provided under subsection (a), For purposes of paragraph (1), any plan amendment made pursuant to a collective bargaining agreement relating to the plan which amends the plan solely to conform to any requirement of such part shall not be treated as a termination of such collective bargaining agreement. (c) Timely Regulations.--The Secretary of Labor shall first issue by not later than 3 months before the effective date provided under subsection (a), such regulations as may be necessary to carry out the amendments made by this Act.

Children's Health Coverage Improvement Act of 1999 - Amends the Employee Retirement Income Security Act of 1974 to require group health plans to offer children-only coverage to dependents of participants under plans. Provides for continuation of coverage to add special rules for children-only coverage.

Children's Health Coverage Improvement Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Restoring Statutory Rights and Interests of the States Act of 2016''. SEC. 2. FINDINGS AND INTENT. (a) Findings.--Congress finds the following: (1) Chapter 1 of title 9, United States Code (commonly known as the ``Federal Arbitration Act''), represented an exercise of legislative power that required courts to recognize private voluntary agreements to arbitrate commercial disputes at a time when the courts were refusing to do so on grounds that arbitration represented a usurpation of the authority of the courts to resolve legal disputes. (2) The Federal Arbitration Act did not, and should not have been interpreted to, supplant or nullify the legislatively created rights and remedies which Congress, exercising its power under article I of the Constitution of the United States, has granted to the people of the United States for resolving disputes in State and Federal courts. (3) Recent court decisions, including AT&T Mobility v. Concepcion, 563 U.S. 333 (2011) and American Express Co. v. Italian Colors Restaurant, 133 S.Ct. 2304 (June 20, 2013), have interpreted the Federal Arbitration Act to broadly preempt rights and remedies established under substantive State and Federal law. As a result, these decisions have enabled business entities to avoid or nullify legal duties created by congressional enactment, resulting in millions of people in the United States being unable to vindicate their rights in State and Federal courts. (4) States have a compelling interest in enacting rights and remedies to protect the welfare of their citizens, and the Federal Arbitration Act should not be, and should not have been, interpreted to preempt State legislation that enacted rights and remedies to protect the welfare of their citizens. (b) Intent of Congress.--In enacting this Act, it is the intent of Congress-- (1) to restate and reinstitute the primacy of congressional and State legislative bodies as the creators of the rights and remedies available to all the people of the United States; (2) to clarify that congressionally established rights and remedies may not be waived prior to the institution of a dispute by the party intended to be protected by such statute; and (3) to reinstate and reaffirm existing rights and remedies of the people of the United States enacted since the enactment of the Federal Arbitration Act regarding access to the courts that have, or may have been, abrogated or diminished. SEC. 3. ARBITRATION OF FEDERAL STATUTORY CAUSES OF ACTION. (a) Adjudication of Federal Statutory Rights of Action.--Section 2 of title 9, United States Code, is amended-- (1) by striking ``A written'' and inserting ``(a) In General.--Except as provided in subsection (b), a written''; and (2) by adding at the end the following: ``(b) Exception.--Subsection (a) shall not apply to a written provision that requires arbitration of a claim for damages or injunctive relief brought by an individual or small business concern (as defined in section 3 of the Small Business Act (15 U.S.C. 632)), in either an individual or representative capacity, arising from the alleged violation of a Federal or State statute, the Constitution of the United States, or a constitution of a State, unless the written agreement to arbitrate is entered into by both parties after the claim has arisen and pertains solely to an existing claim. ``(c) Interaction With State Law.--For purposes of subsection (a), the phrase `grounds as exist at law or in equity for the revocation of a contract' shall include a Federal or State statute, or the finding of a Federal or State court, that prohibits the agreement to arbitrate on grounds that the agreement is unconscionable, invalid because there was no meeting of the minds, or otherwise unenforceable as a matter of contract law or public policy. ``(d) Validity and Enforceability.--A determination as to whether this chapter applies to an agreement to arbitrate shall be made by a court, rather than an arbitrator, irrespective of whether the party resisting arbitration challenges the agreement to arbitrate specifically or in conjunction with other terms of the contract containing such agreement.''. SEC. 4. VACATING AN AWARD MADE IN VIOLATION OF SECTION 2 OF TITLE 9, UNITED STATES CODE. Section 10(a) of title 9, United States Code, is amended-- (1) in paragraph (3), by striking ``or'' at the end; (2) in paragraph (4), by striking the period at the end and inserting ``; or''; and (3) by adding at the end the following: ``(5) where the arbitration took place in violation of section 2.''. SEC. 5. EFFECTIVE DATE. This Act, and the amendments made by this Act, shall take effect on the date of enactment of this Act and shall apply with respect to any dispute or claim that arises on or after such date of enactment.

Restoring Statutory Rights and Interests of the States Act of 2016 This bill amends the Federal Arbitration Act to invalidate arbitration agreements between parties in certain commercial contracts or transactions if they require arbitration of a claim for damages or injunctive relief brought by an individual or small business arising from the alleged violation of a federal or state statute, the U.S. Constitution, or a state constitution, unless the written agreement to arbitrate is entered into by both parties after the claim has arisen and pertains solely to an existing claim. The grounds upon which a contract with an arbitration agreement is revocable shall include federal or state statutes or court findings that prohibit an agreement to arbitrate if the agreement is unconscionable, invalid because there was no meeting of the minds, or otherwise unenforceable as a matter of contract law or public policy. A court, rather than an arbitrator, shall determine whether an arbitration agreement is enforceable.

Restoring Statutory Rights and Interests of the States Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``NEO Preparedness Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) Asteroid and comet collisions rank as one of the most costly natural disasters that can occur. (2) According to the October 2007 report to Congress by the National Aeronautics and Space Administration (in this Act referred to as ``NASA''), 140-meter-in-diameter asteroid collision will generate the equivalent power of a 100 megaton TNT explosion. (3) There are approximately 100,000 near-Earth objects 140 meters wide or larger. (4) The time needed to eliminate or mitigate the threat of a collision of a potentially hazardous near-Earth object with Earth is measured in decades. (5) Unlike earthquakes and hurricanes, asteroids and comets can provide adequate collision information, enabling the United States to include both asteroid- and comet-collision disaster recovery and disaster avoidance in its public-safety structure. (6) Basic information is needed for technical and policy decisionmaking for the United States to create a comprehensive program in order to be ready to eliminate and mitigate the serious and credible threats to humankind posed by potentially hazardous near-Earth asteroids and comets. (7) As a first step to eliminate and to mitigate the risk of such collisions, situation and decision-analysis processes, as well as procedures and system resources, must be in place well before a collision threat becomes known. (8) Without establishing such processes, procedures, and resources, the full range of options to eliminate and to mitigate the risk of such collisions is restricted or even lost. (9) The public safety of the United States and the planet requires the competence and expertise found in NASA to prepare and to validate the potentially hazardous near-Earth object deflection situation and decisionmaking analysis, as well as to select systems and procedures, to prepare the United States for readiness to avoid or to mitigate collisions with potentially hazardous near-Earth objects. SEC. 3. DEFINITIONS. As used in this Act-- (1) ``potentially hazardous near-Earth object'' means an asteroid or comet with a trajectory that passes less than 0.05 Astronomical Units from Earth's orbit; (2) ``Administrator'' means the Administrator of NASA; (3) ``adequate-warning'' refers to a time period starting from the time that the near-Earth object is considered potentially haradous to the predicted time of possible collision, which allows the full range of readiness options to be implemented; (4) ``short-warning'' refers to a time period that allows only limited options to be implemented; and (5) ``comet'' means near-Earth or short-warning comets. SEC. 4. ESTABLISHMENT OF THE OFFICE OF POTENTIALLY HARADOUS NEAR-EARTH OBJECTS, IDENTIFICATION OF SITUATION- AND DECISION- ANALYSIS FACTORS, AND SELECTION OF PROCEDURES AND SYSTEMS. (a) Establishment.--The Administrator shall establish the Office of Potentially Hazardous Near-Earth Object Preparedness (in this Act referred to as ``Office''). The purpose of the Office shall be to prepare the United States for readiness to avoid and to mitigate collisions with potentially hazardous near-Earth objects in collaboration with other Agencies through the identification of situation- and decision-analysis factors and selection of procedures and systems. (b) Identification of Situation- and Decision-Analysis Factors.-- The Office shall identify situation- and decision-analysis factors, in collaboration with other Agencies, by determining-- (1) the needed objective technical and nontechnical criteria upon which to analyze potentially hazardous near-Earth object collision information and to base key threat elimination-decisions and options; (2) the implications of such decisions and options; (3) the human skills needed to make key threat elimination- decisions and the preparation required for individuals making such decisions; (4) the factors needed to formulate key techical and policy questions involving such decisions; (5) methods for determining and sequencing the minimum possible time periods needed to make such decisions; (6) a model deflection and mitigation decision logic flow, including provisions for minimizing-- (A) human exposure, (B) energy, cost, and time, and (C) the risk of return of potentially hazardous near-Earth objects; and (7) additional critical information needs, technological developments, public confidence building initiatives, and any other needs involving the threat of collisons of potentially hazardous near-Earth objects with Earth. (c) Selection of Procedures and Systems.--The Office shall select procedures and systems by-- (1) surveying the existing deflection proposals and examining each proposal for critical elements including capability, suitability, feasibility, cost, cost effectiveness, required human and capital resources, and maturity of needed key technologies; (2) with the results from subsection (a) and input from other appropriate sources, performing an architectural tradeoff assessment and selecting a set of deflection proposals as primary procedures and systems that will provide the best opportunities for deflection-preparation, taking into account adequate- and short-warning collision timelines, as well as relevant asteroid and comet characteristics; (3) for each selected primary procedure and system-- (A) identifying the best backup; (B) defining the steps needed to realize immature key technologies; (C) developing preliminary models; (D) performing a predicted results error-analysis in order to confirm the characteristics described in subsection (a); (E) projecting time to readiness; (F) formulating an implementation phase to achieve full deflection readiness; (G) establishing implementation timelines with measurable interim goals, and steps to transfer the procedure and system resources to the implementation phase; and (H) identifying the crucial policy decisions needed for implemention; and (4) indicating possible coordination with other Agencies to facilitate such activities. SEC. 5. REPORTS. The Administrator shall submit to the Congress the following reports: (1) Not later than 1 year after the date of enactment of this Act, an interim report that summarizes a preliminary result of the activities of the Office carried out under sections 4(b) and 4(c)(1)-(2). (2) Not later than 2 years after the date of enactment of this Act, a concluding report that summarizes all activities of the Office carried out under section 4. SEC. 6. NASA ADVISORY COUNSEL. The Administrator shall convene the NASA Advisory Council-- (1) not later than 90 days after submitting the interim report required by section 5(1), to provide the Administrator with advice for the concluding report; and (2) not later than 90 days after submitting concluding report required by section 5(2), to provide the Administrator with advice for subsequent activities under section 4.

NEO Preparedness Act - Directs the Administrator of the National Aeronautics and Space Administration (NASA) to establish an Office of Potentially Hazardous Near-Earth Object Preparedness, to prepare the United States for readiness to avoid and to mitigate collisions with potentially hazardous near-Earth objects in collaboration with other agencies through the identification of situation-and-decision-analysis factors and the selection of procedures and systems. Requires submission of interim and concluding reports that summarize the results of the activities of the Office carried out under this Act to identify situation- and decision-analysis factors and to select procedures and systems for such purposes. Requires the Administrator of NASA to convene a NASA Advisory Council to provide the Administrator with advice for the concluding report and for subsequent identification and selection activities.

To formulate situation and decision analyses, and to select procedures and systems, for deflecting and mitigating potentially hazardous near-Earth objects.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Global Service Fellowship Program Act of 2007''. SEC. 2. FINDINGS. Congress finds the following: (1) In confronting terrorism the United States must reach out to other regions of the world to maintain, as well as establish, strong relationships as recommended by the Final Report of the National Commission on Terrorist Attacks Upon the United States (commonly referred to as the ``9/11 Commission Report''), which stated that ``The United States should rebuild the scholarship, exchange, and library programs that reach out to young people and offer them knowledge and hope. Where such assistance is provided, it should be identified as coming from the citizens of the United States.''. (2) International volunteering opportunities are effective means of addressing critical human needs, building bridges across cultures, and promoting mutual understanding. (3) Current volunteer programs, such as the Peace Corps, remain an important component of Federal efforts to promote volunteer service, cross-cultural understanding, and the values of the United States. (4) The duration of volunteer service opportunities and financial limitations are common barriers to qualified individuals of all backgrounds and ages interested in volunteering overseas, which would be significantly reduced by a global service fellowship program. (5) A global service fellowship program would provide funding and programmatic flexibility for volunteers of all backgrounds and ages. (6) Eligible organizations willing to participate in the fellowship program as sponsoring organizations would be in a better position to recruit volunteers for their programs overseas. SEC. 3. GLOBAL SERVICE FELLOWSHIP PROGRAM. (a) Establishment and Purpose.--The Secretary of State, in consultation with representatives of the Volunteers for Prosperity program administered by the United States Agency for International Development, shall establish and administer a grant program to be known as the ``Global Service Fellowship Program'' (in this section referred to as the ``Program'') to fund fellowships to promote international volunteering opportunities as a means of addressing critical human needs and promoting mutual understanding by building bridges across cultures, addressing critical human needs, and promoting mutual understanding. (b) Fellowships.--Grants awarded under the Program shall be used to fund fellowships as follows: (1) Fellowships between 7 days and 14 days in duration may be funded at levels of up to $1,000. (2) Fellowships between 15 days and 90 days in duration may be funded at levels of up to $2,500. (3) Fellowships between 91 days and 180 days may be funded at levels of up to $5,000. (4) Fellowships between 181 days and one year may be funded at levels of up to $7,500. (c) Coordination With Sponsoring Organizations.-- (1) In general.--Fellowships funded under the Program shall be coordinated and supervised by participating volunteer sponsoring organizations. The sponsoring organizations shall be registered with the Secretary of State and shall collaborate with host country organizations in developing programs that appropriately address local needs for the transfer of volunteer skills, capacity building, and cross-cultural service organizations. (2) Prioritization of projects.--Sponsoring organizations shall recommend and prioritize fellowship projects based on one or more of the following objectives: (A) Eradication of extreme poverty in conjunction with the goals of the United Nations Millennium Development Goals. (B) Achievement of universal primary education. (C) Promotion of gender equality and the empowerment of women and families. (D) Reducing child mortality and improving maternal health. (E) Providing medical and dental health care and prevention. (F) Providing assistance for the elderly, orphans, people with disabilities, and refugees. (G) Promoting environmental sustainability. (H) Providing economic and social opportunities for youth in countries with growing cohorts of young people. (I) Promoting youth service by building related volunteer-sector capacity in host countries. (J) Combating HIV/AIDS, malaria, and other infectious diseases. (K) Helping to build or provide decent housing. (L) Providing disaster and humanitarian response, preparedness, and reconstruction. (M) Promoting cross-cultural exchange, conflict resolution, and peace. (N) Developing global partnerships for development in the areas of economic growth, microenterprise, asset development, and agricultural and rural development. (O) Advancing access to information technology and strengthening civil society. (P) Providing services to orphans and vulnerable children. (Q) Carrying out additional activities in impact areas designated by the Secretary of State in accordance with the purposes of this Act. (d) Application Process.-- (1) Submission of applications.--Applicants shall submit applications for fellowships under the Program to sponsoring organizations. (2) Review of applications.--The Secretary of State, or an agent appointed by the Secretary, shall determine the eligibility of candidates and, in consultation with sponsoring organizations, award and administer fellowships under the Program. (3) Criteria.--The Secretary of State shall develop and publish criteria for fellowships in accordance with the following guidelines: (A) Sponsoring organizations.--Applicants for Global Service Fellowships shall be registered with sponsoring organizations such as-- (i) nongovernmental organizations based in the United States that sponsor international volunteer service; (ii) faith-based organizations engaged in the delivery of nonsectarian services; (iii) universities and colleges operating international service learning and volunteer service programs; and (iv) nongovernmental organizations based in the United States that collaborate with local or national host government agencies or nongovernmental organizations in promoting volunteer capacity and national and community service in impact areas designated by the Secretary of State under subsection (c)(2)(Q). (B) Applicants.--Applicants shall be nominated and selected for Global Service Fellowships as follows: (i) Applicants shall have clearly defined and structured goals for their proposed fellowships, including a plan for assessing and monitoring progress toward such goals with sponsoring organizations and a basis for follow-up and review by the Secretary of State. (ii) Priority should be given to-- (I) applicants from households with an income that is less than 200 percent of the poverty level established pursuant to current census figures; (II) applicants who have demonstrated prior community service experience; (III) applicants with skills and experience suited to the specific needs of host countries; and (IV) applicants who demonstrate a clear plan to communicate their volunteer experiences to their community upon their return. (e) Reporting Requirement.--Individuals receiving Global Service Fellowships shall submit such reports, including post-fellowship reports prepared for their home communities, as the Secretary of State may require. (f) Eligible Costs.-- (1) In general.--Funds awarded under this section may be used to cover the following costs associated with the Program: (A) Airfare, in-country travel, accommodations. (B) Fees assessed by sponsoring organizations to defray international service program costs and administrative costs. (C) Subsistence allowance in accordance with local market conditions. (D) Program and local service project materials and tools to be expressly used for implementing and executing individual fellowship projects. (E) Language and cultural training and other costs associated with pre-service project orientation. (2) Tuition not covered.--Funds awarded under this section may not be used for tuition costs. (g) Nondiscrimination Requirements.-- (1) Nomination and selection of applicants.--The nomination and selection of applicants under subsection (d) shall be without regard to race, religion, color, national origin, sex, age, political affiliation, or disability. (2) Sponsoring organizations.-- (A) In general.--A sponsoring organization shall not discriminate against a Global Service Fellowship Program participant or applicant, a beneficiary of any project in which a Global Service Fellow participates, or, except as provided in subparagraph (B), an employee of the organization who is paid with Program funds on the basis of race, religion, color, national origin, sex, age, political affiliation, or disability. (B) Limited exception for employees of sponsoring organizations employed at time of awarding of funds.-- The prohibition under subparagraph (A) on discrimination on the basis of religion shall not apply to the employment, with assistance provided under this Program, of any employee who was employed with the sponsoring organization on the date that the funds were awarded. SEC. 4. EVALUATION AND REPORT. (a) Evaluation of Global Service Fellowship Program.--The Secretary of State shall establish and implement an evaluation process for determining the effectiveness of the Global Service Fellowship Program. (b) Report.--Not later than March 31, 2010, the Secretary of State shall submit to Congress a report on the Global Service Fellowships Program established under section 3. The report shall describe-- (1) the identity and location of sponsoring organizations; (2) for each impact issue areas identified by sponsoring organizations, the number of volunteer opportunities and the number of related Global Service Fellowships that have been funded; (3) the number of local volunteers recruited or engaged with Global Service Fellows and their sponsoring organizations or local host organizations; (4) the locations of volunteer services; (5) the effectiveness of such services based upon findings of the evaluation process; and (6) the total numbers of nominations for Global Service Fellowships that have been received and accepted by the Secretary of State. SEC. 5. FELLOWSHIPS EXCLUDED FROM GROSS INCOME. (a) In General.--Part III of subchapter B of chapter 1 of subtitle A of the Internal Revenue Code of 1986 (relating to items specifically excluded from gross income) is amended by inserting after section 139A the following new section: ``SEC. 139B. GLOBAL SERVICES FELLOWSHIPS. ``Gross income does not include amounts received under the Global Services Fellowship Program (within the meaning of section 3 of the Global Service Fellowship Program Act of 2007).''. (b) Clerical Amendment.--The table of sections for part III of subchapter B of chapter 1 of subtitle A of such Code is amended by inserting after the item relating to section 139A the following new item: ``139B. Global Services Fellowships.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years ending after the date of the enactment of this Act. SEC. 6. REGULATIONS. The Secretary of State shall prescribe regulations to carry out the provisions of this Act. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. (a) Funding.--There is authorized to be appropriated to the Secretary of State $50,000,000 for each of fiscal years 2008 through 2010 for purposes of establishing and implementing the Global Service Fellowship Program. (b) Offset.--In order to provide an offset for amounts appropriated pursuant to subsection (a), the Internal Revenue Service shall deposit in the Treasury as miscellaneous receipts all of the fees it receives for services.

Global Service Fellowship Program Act of 2007 - Directs the Secretary of State to establish and administer a Global Service Fellowship Program to fund fellowships to promote international volunteering opportunities as a means of building bridges across cultures, addressing critical human needs, and promoting mutual understanding. Sets forth Program provisions. Authorizes appropriations.

To establish a Global Service Fellowship Program, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fathers Count Act of 1998''. SEC. 2. GRANTS TO STATES TO ENCOURAGE FATHERS TO BECOME BETTER PARENTS. Title IV of the Social Security Act (42 U.S.C. 601-679b) is amended by inserting after part B the following: ``PART C--GRANTS TO STATES TO ENCOURAGE FATHERS TO BECOME BETTER PARENTS ``SEC. 441. STATE PLAN. ``A State desiring to receive a grant under this part shall submit to the Secretary a plan which describes how the State will-- ``(1) review applications from governmental and private (nonprofit and for profit) organizations for funds provided to the State under this part, including the criteria that will be used to award such funds; and ``(2) administer the funds provided to the State under this part. ``SEC. 442. GRANTS TO STATES. ``(a) Grant Authority.--Subject to the availability of funds, the Secretary shall make a grant to a State that complies with section 441, for each fiscal year beginning with fiscal year 2000 that begins after the date the Secretary receives the State plan submitted pursuant to section 441, in the amount described in subsection (b). ``(b) Grant Amount.-- ``(1) In general.--The amount of the grant to be made to a State under this part for a fiscal year shall be the amount that bears the same relation to the amount specified in paragraph (2) for the fiscal year as the population of the State (as determined by the Bureau of the Census for the most recent fiscal year for which information is available) bears to the population of the United States (as so determined), subject to section 447. ``(2) Amount specified.--The amount specified in this paragraph is-- ``(A) $200,000,000 for fiscal year 2000; ``(B) $300,000,000 for fiscal year 2001; ``(C) $400,000,000 for fiscal year 2002; ``(D) $500,000,000 for fiscal year 2003; and ``(E) $500,000,000 for fiscal year 2004. ``SEC. 443. USE OF FUNDS. ``(a) In General.--A State to which a grant is made under this section-- ``(1) shall use the grant to fund projects which-- ``(A) encourage unmarried or prospective fathers to get married, and encourage better parenting by fathers who are living with 1 or more of their children; or ``(B) include activities that help fathers obtain gainful employment, or help fathers increase their skills in order to qualify for higher-paying jobs; and ``(2) may use the grant funds to support projects which emphasize ways for fathers who do not live with 1 or more of their children to become better parents. ``(b) Targeting of Nongovernmental Organizations.--A State to which a grant is made under this section shall provide not less than 75 percent of the grant funds to nongovernmental organizations. ``(c) Targeting of Fathers With Annual Income Below State Average Income of Male Earners.--A State to which a grant is made under this section shall ensure that not less than 80 percent of the grant funds are used to provide services for fathers whose income is less than the State or local average income level for male earners. ``(d) Availability of Funds.--A State to which a grant is made under this section for a fiscal year shall remit to the Secretary any funds remaining from the grant that have not been expended by the end of the next fiscal year. ``SEC. 444. COORDINATION WITH OTHER PROGRAMS. ``(a) Authority To Use Welfare-to-Work and Title XX Funds for Activities Under This Part.--A State to which a grant is made under section 441 may use funds provided under section 403(a)(5) or title XX in any manner described in section 443. ``(b) Administration of Welfare-to-Work Funds.--A State that uses funds provided under section 403(a)(5) for activities under this part may administer the funds so used through the State agency responsible for administering the funds provided under the other provisions of section 403(a). ``(c) Coordination With TANF Program.--The State shall coordinate the State program funded under this part with the State program funded under part A. ``SEC. 445. DISBURSEMENT OF FUNDS BY STATES. ``(a) Appropriation by State Legislature.--Any funds received by a State under this part shall be subject to appropriation by the State legislature, consistent with this part. ``(b) Disbursement by Governor.--The Governor of a State to which funds are provided under this part may disburse the funds consistent with this part, except as otherwise provided by State law. ``SEC. 446. SERVICES PROVIDED BY CHARITABLE, RELIGIOUS, OR PRIVATE ORGANIZATIONS. ``(a) State Option.--A State may-- ``(1) administer and provide services under the program under this part through contracts with charitable, religious, or private organizations; and ``(2) provide beneficiaries of assistance under the program with certificates, vouchers, or other forms of disbursement which are redeemable with such organizations. ``(b) Religious Organizations.--The purpose of this section is to allow States to contract with religious organizations, or to allow religious organizations to accept certificates, vouchers, or other forms of disbursement under any program under this part, on the same basis as any other nongovernmental provider without impairing the religious character of such organizations, and without diminishing the religious freedom of beneficiaries of assistance funded under such program. ``(c) Nondiscrimination Against Religious Organizations.--In the event a State exercises its authority under subsection (a), religious organizations are eligible, on the same basis as any other private organization, as contractors to provide assistance, or to accept certificates, vouchers, or other forms of disbursement, under any program under this part so long as the programs are implemented consistent with the Establishment Clause of the United States Constitution. Except as provided in subsection (k), neither the Federal Government nor a State receiving funds under such programs shall discriminate against an organization which is or applies to be a contractor to provide assistance, or which accepts certificates, vouchers, or other forms of disbursement, on the basis that the organization has a religious character. ``(d) Religious Character and Freedom.-- ``(1) Religious organizations.--A religious organization with a contract described in subsection (a)(1), or which accepts certificates, vouchers, or other forms of disbursement under subsection (a)(2), shall retain its independence from Federal, State, and local governments, including such organization's control over the definition, development, practice, and expression of its religious beliefs. ``(2) Additional safeguards.--Neither the Federal Government nor a State shall require a religious organization to-- ``(A) alter its form of internal governance; or ``(B) remove religious art, icons, scripture, or other symbols; in order to be eligible to contract to provide assistance, or to accept certificates, vouchers, or other forms of disbursement, funded under a program under this part. ``(e) Rights of Beneficiaries of Assistance.-- ``(1) In general.--If an individual described in paragraph (2) has an objection to the religious character of the organization or institution from which the individual receives, or would receive, assistance funded under any program under this part, the State in which the individual resides shall provide such individual (if otherwise eligible for such assistance) within a reasonable period of time after the date of such objection with assistance from an alternative provider that is accessible to the individual and the value of which is not less than the value of the assistance which the individual would have received from such organization. ``(2) Individual described.--An individual described in this paragraph is an individual who receives, applies for, or requests to apply for, assistance under a program under this part. ``(f) Employment Practices.--A religious organization's exemption provided under section 702 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-1a) regarding employment practices shall not be affected by its participation in, or receipt of funds from, programs under this part. ``(g) Nondiscrimination Against Beneficiaries.--Except as otherwise provided in law, a religious organization shall not discriminate against an individual in regard to rendering assistance funded under any program under this part on the basis of religion, a religious belief, or refusal to actively participate in a religious practice. ``(h) Fiscal Accountability.-- ``(1) In general.--Except as provided in paragraph (2), any religious organization contracting to provide assistance funded under any program under this part shall be subject to the same regulations as other contractors to account in accord with generally accepted auditing principles for the use of such funds provided under such programs. ``(2) Limited audit.--If such organization segregates Federal funds provided under such programs into separate accounts, then only the financial assistance provided with such funds shall be subject to audit. ``(i) Compliance.--Any party which seeks to enforce its rights under this section may assert a civil action for injunctive relief exclusively in an appropriate State court against the entity or agency that allegedly commits such violation. ``(j) Limitations on Use of Funds for Certain Purposes.--No funds provided directly to institutions or organizations to provide services and administer programs under subsection (a)(1) shall be expended for sectarian worship, instruction, or proselytization. ``(k) Preemption.--Nothing in this section shall be construed to preempt any provision of a State constitution or State statute that prohibits or restricts the expenditure of State funds in or by religious organizations. ``SEC. 447. ENFORCEMENT PROVISIONS. ``(a) In General.--If the Secretary finds that a State has used funds provided under this part in violation of this part or of any provision of the State plan submitted under section 441, the Secretary shall reduce the amount otherwise payable under section 442 to the State by the amount so misused as the Secretary considers appropriate. ``(b) Limitation on Amount of Penalties.-- ``(1) In general.--In imposing penalties under subsection (a), the Secretary shall not reduce any payment to a State by more than 10 percent. ``(2) Carryforward of unrecovered penalties.--To the extent that paragraph (1) of this subsection prevents the Secretary from recovering during a fiscal year the full amount of penalties imposed on a State under subsection (a) of this section for a prior fiscal year, the Secretary shall apply any remaining amount of such penalties to the grant payable to the State under this part for the succeeding fiscal year. ``(c) Appeal of Adverse Decisions.--Section 410 shall apply to an adverse action taken under this part in the same manner in which the section applies to an adverse action taken under part A. ``SEC. 448. RESEARCH, EVALUATIONS, AND TECHNICAL ASSISTANCE. ``(a) Research.--The Secretary, directly or through grants, contracts, or interagency agreements, shall conduct research on the State programs funded under this part. ``(b) Evaluations.-- ``(1) In general.--Beginning in fiscal year 2000, the Secretary, directly or through grants, contracts, or interagency agreements, shall annually evaluate how grants made under this part are used, and a State to which a grant is so made shall cooperate with the Secretary in the conduct of the evaluations. ``(2) Reports to the congress.--Beginning with fiscal year 2003, and every 2 fiscal years thereafter, the Secretary shall submit to the Congress a report on the evaluations conducted under paragraph (1) before the fiscal year. ``(c) Technical Assistance.--The Secretary, directly or through grants, contracts, or interagency agreements, shall provide States with technical assistance for the purpose of disseminating information about successful programs and program components to entities potentially eligible to receive funds provided under this part. ``(d) Limitations on Authorization of Appropriations.-- ``(1) Research and evaluations.--For research and evaluations under this section, there are authorized to be appropriated to the Secretary not more than $10,000,000 for each of fiscal years 2000 through 2004. ``(2) Technical assistance.--For technical assistance under this section, there are authorized to be appropriated to the Secretary not more than $10,000,000 for each of fiscal years 2000 through 2004. ``(e) Limited Reprogramming Authority.--During a fiscal year, the Secretary may use not more than 20 percent of any amount appropriated under a paragraph of subsection (d) for the fiscal year for the purpose described in the other subparagraph of subsection (d). ``SEC. 449. DEFINITIONS. ``In this part: ``(1) Fiscal year.--The term `fiscal year' means any 12- month period ending on September 30 of a calendar year. ``(2) State.--The term `State' means the 50 States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, and American Samoa.''.

Fathers Count Act of 1998 - Amends title IV of the Social Security Act to replace part C (Work Incentive Program) with a new part C (Grants to States to Encourage Fathers to Become Better Parents) instructing the Secretary of Health and Human Services, beginning FY 2000, to award grants to States for projects designed to encourage fathers to become better parents. Prescribes grant amounts for FY 2000 through 2004, and State uses for such funds. Permits States to contract with religious, charitable, or private organizations to provide and administer services under such grants. Declares religious organizations eligible as contractors to provide assistance or to accept disbursements on the same basis as any other private organization, so long as program implementation complies with the Establishment Clause of the Constitution. Prohibits discrimination against religious organizations that apply as contractors or accept disbursements under this Act. Delineates safeguards against certain Federal and State requirements with respect to such religious organizations, including an organization's control over the definition, development, practice, and expression of religious beliefs. Proscribes the use of funds under this Act for sectarian worship, instruction, or proselytization. Declares that this Act does not preempt any State constitution or statute that prohibits or restricts the expenditure of State funds in or by religious organizations. Authorizes appropriations.

Fathers Count Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fellowships for Undergraduate Training and Useful Research in Energy-related Science, Technology, Engineering, and Mathematics fields Act'' or ``FUTURE STEM Act''. SEC. 2. DEFINITIONS. In this Act: (1) STEM.--The term ``STEM'' has the meaning given to that term in section 2 of the America COMPETES Reauthorization Act of 2010. (2) E3.--The term ``E3'' means the academic and professional area of technological development encompassing the fields of energy, environment, and economy. SEC. 3. FELLOWSHIPS FOR STEM PROJECTS WITH PREFERENCE TO E3. (a) Establishment.--The Secretary of Energy shall establish an undergraduate student fellowships pilot program to award competitive grants to partner institutions to provide work experience in STEM fields that will overall improve education and training in support of STEM fields. Grants under this section may be used for-- (1) employing eligible students for 10-week research fellowships with partner institutions; (2) approved travel and housing expenses for student fellows; (3) purchasing, renting, or leasing of equipment, instrumentation, and other educational and training materials needed to satisfy the student research fellowships; (4) supporting outreach efforts to recruit students; (5) encouraging collaboration between government, industry, and academic partners; and (6) assessing the activities funded under this Act. (b) Partners.--Grants awarded under subsection (a) shall be to a partner institution that-- (1) is a 2-year degree granting institution of higher education offering an associate degree in a STEM field; (2) is a 4-year degree granting institution of higher education; (3) is a business, nonprofit organization, or labor organization; or (4) is a State educational agency, other public agency, or National Laboratory. (c) Preference.--The Secretary of Energy shall give preference to awarding grants under this section to partner institutions-- (1) whose proposal incorporates E3 concepts; (2) whose proposal includes student work experience with emphasis on research; (3) who demonstrate that they will employ students from groups that have been historically underrepresented in STEM fields; and (4) who can demonstrate the likely long-term stability of the program without continued Federal funding. (d) Eligibility.--A student is eligible for employment under subsection (a) if the student-- (1) is at least 18 years of age on the date of submission of the grant application and-- (A) is a high school student who has been officially accepted to begin undergraduate studies at least half-time within 6 months of high school graduation; or (B) is enrolled as an undergraduate student at least half-time at a degree granting institution; (2) in the case of a student described in paragraph (1)(B), has achieved at a minimum a 3.0 undergraduate cumulative grade point average; and (3) is a citizen or permanent resident of the United States. (e) Student Allowances.--An eligible undergraduate student employed using grant funds awarded under subsection (a) shall receive-- (1) $4,500 direct salary stipend; and (2) reimbursement up to $2,000 for approved housing and travel expenses. (f) Diversity of Subject Matter.--The Secretary of Energy shall ensure that, to the extent possible, grants are provided under this Act for projects representing a wide diversity of STEM fields. (g) Limitation.--No single grant under subsection (a) may be made in an amount greater than $10,000 per year. (h) Public Information.--The Secretary of Energy shall make publicly available all planning documents and other materials related to a project supported by a grant made under this Act. (i) Project Reports.--The Secretary of Energy shall require grant recipients under subsection (a) to submit a report to the Secretary, not later than 1 year after receiving the grant, on the results of the project supported by the grant. Each such report shall include an assessment of which elements of the project supported with the grant were successful and which were not, along with an identification and analysis of improvements that could have made the project more successful. The Secretary shall make all reports submitted under this subsection available to the public. SEC. 4. REPORT. The Secretary of Energy shall evaluate the effectiveness of activities carried out under this Act. A report documenting the results of that evaluation shall be submitted to the Committee on Education and the Workforce and the Committee on Energy and Commerce of the House of Representatives and the Committee on Energy and Natural Resources and the Committee on Health, Education, Labor, and Pensions of the Senate not later than 5 years after the date of enactment of this Act. The report shall identify best practices and materials developed and demonstrated by partners awarded a grant. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act-- (1) $250,000 for fiscal year 2012; (2) $250,000 for fiscal year 2013; (3) $250,000 for fiscal year 2014; and (4) $250,000 for fiscal year 2015.

Fellowships for Undergraduate Training and Useful Research in Energy-related Science, Technology, Engineering, and Mathematics Fields Act or FUTURE STEM Act - Directs the Secretary of Energy (DOE) to establish an undergraduate student fellowships pilot program to award competitive grants to specified partner institutions to provide work experience in STEM (science, technology, engineering, and mathematics) fields that will improve overall education and training in support of STEM fields. Allows such grants to be used to: (1) employ eligible students for 10-week research fellowships with partner institutions; (2) purchase, rent, or lease equipment, instrumentation, and other educational and training materials needed to satisfy such fellowships; (3) support outreach efforts to recruit students; and (4) encourage collaboration between government, industry, and academic partners. Requires preference to be given in the awarding of such grants to partner institutions whose proposal incorporates E3 concepts. Defines "E3" as the academic and professional area of technological development encompassing the fields of energy, environment, and economy. Requires the Secretary to evaluate the effectiveness of the activities carried out under this Act.

To establish a program to provide student fellowships in fields of science, technology, engineering, and mathematics, with preference given to the study of technological development encompassing the fields of energy, environment, and economy.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Salute to Veterans and the Armed Forces Act of 2003''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Full payment of both retired pay and compensation to disabled military retirees. Sec. 3. Repeal of dependency and indemnity compensation offset from survivor benefit plan surviving spouse annuities. Sec. 4. Increase in amount of basic educational assistance for members of the Selected Reserve. Sec. 5. Application of index based on costs of higher learning. Sec. 6. One-time bonus for certain service in connection with Operation Iraqi Freedom or Operation Enduring Freedom. Sec. 7. Authorization of additional funding for veterans medical care. Sec. 8. Interim payments under certain veterans claims when decision is delayed following remand for expedited consideration. Sec. 9. Prohibition on increases in medication copayment for veterans and imposition of healthcare enrollment fee for veterans. Sec. 10. Information for separating servicemembers on veterans benefits information. Sec. 11. Veterans outreach programs. Sec. 12. Retention of 38.6 percent top individual income tax rate. SEC. 2. FULL PAYMENT OF BOTH RETIRED PAY AND COMPENSATION TO DISABLED MILITARY RETIREES. (a) Restoration of Full Retired Pay Benefits.--Section 1414 of title 10, United States Code, is amended to read as follows: ``Sec. 1414. Members eligible for retired pay who have service- connected disabilities: payment of retired pay and veterans' disability compensation ``(a) Payment of Both Retired Pay and Compensation.--Except as provided in subsection (b), a member or former member of the uniformed services who is entitled to retired pay (other than as specified in subsection (c)) and who is also entitled to veterans' disability compensation is entitled to be paid both without regard to sections 5304 and 5305 of title 38. ``(b) Special Rule for Chapter 61 Career Retirees.--The retired pay of a member retired under chapter 61 of this title with 20 years or more of service otherwise creditable under section 1405 of this title at the time of the member's retirement is subject to reduction under sections 5304 and 5305 of title 38, but only to the extent that the amount of the member's retired pay under chapter 61 of this title exceeds the amount of retired pay to which the member would have been entitled under any other provision of law based upon the member's service in the uniformed services if the member had not been retired under chapter 61 of this title. ``(c) Exception.--Subsection (a) does not apply to a member retired under chapter 61 of this title with less than 20 years of service otherwise creditable under section 1405 of this title at the time of the member's retirement. ``(d) Definitions.--In this section: ``(1) The term `retired pay' includes retainer pay, emergency officers retirement pay, and naval pension. ``(2) The term `veterans' disability compensation' has the meaning given the term `compensation' in section 101(13) of title 38.''. (b) Repeal of Special Compensation Programs.--Sections 1413 and 1413a of such title are repealed. (c) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by striking the items relating to sections 1413, 1413a, and 1414 and inserting the following: ``1414. Members eligible for retired pay who have service-connected disabilities: payment of retired pay and veterans' disability compensation.''. (d) Effective Date.--The amendments made by this section shall take effect on-- (1) the first day of the first month that begins after the date of the enactment of this Act; or (2) the first day of the fiscal year that begins in the calendar year in which this Act is enacted, if later than the date specified in paragraph (1). (e) Retroactive Benefits.--No benefits may be paid to any person by reason of section 1414 of title 10, United States Code, as amended by subsection (a), for any period before the effective date specified in subsection (a). SEC. 3. REPEAL OF DEPENDENCY AND INDEMNITY COMPENSATION OFFSET FROM SURVIVOR BENEFIT PLAN SURVIVING SPOUSE ANNUITIES. (a) Repeal.--Subsections (c), (e), and (k) of section 1450 of title 10, United States Code, and subsection (c)(2) of section 1451 of such title are repealed. (b) Effective Date.--The amendments made by subsection (a)-- (1) shall take effect on the later of October 1, 2003, or the date of the enactment of this Act; and (2) shall apply with respect to payment of annuities under subchapter II of chapter 73 of title 10, United States Code, for months beginning on or after that date. (c) Recoupment of Certain Amounts Previously Refunded to SBP Recipients.--(1) A surviving spouse who is in receipt of an SBP annuity that is in effect before the date specified in subsection (b) and that is adjusted by reason of the amendments made by subsection (a) and who had previously received an SBP retired pay refund shall repay an amount determined under paragraph (2). Any such repayment shall be made in the same manner as a repayment under subsection (k)(2) of section 1450 of title 10, United States Code, as in effect on the day before the date of the enactment of this Act. (2) The amount of a repayment under paragraph (1) shall be the amount that bears the same ratio to the amount of that refund as the surviving spouse's life expectancy (determined in accordance with standard actuarial practices) bears to the anticipated total duration of the annuity (determined as the sum of such life expectancy and the duration of the annuity already received). (3) In this subsection: (A) The term ``SBP annuity'' means an annuity under the program established under subchapter II of chapter 73 of title 10, United States Code. (B) The term ``SBP retired pay refund'' means a refund under subsection (e) of section 1450 of title 10, United States Code, as in effect before the date specified in subsection (b). SEC. 4. INCREASE IN AMOUNT OF BASIC EDUCATIONAL ASSISTANCE FOR MEMBERS OF THE SELECTED RESERVE. (a) In General.--(1) Paragraph (1) of section 16131(b) of title 10, United States Code, is amended-- (A) in subparagraph (A), by striking ``$251'' and inserting ``$600''; (B) in subparagraph (B), by striking ``$188'' and inserting ``$450''; and (C) in subparagraph (C), by striking ``$125'' and inserting ``$300''. (2) The amendments made by paragraph (1) shall take effect on October 1, 2004, and shall apply with respect to educational assistance allowances under section 16131(b)(1) of such title paid for months after September 2004. (3) In the case of an educational assistance allowance under such section paid for months occurring during fiscal year 2004-- (A) subparagraph (A) of such section shall be applied by substituting ``$475'' for ``$251''; (B) subparagraph (B) of such section shall be applied by substituting ``$325'' for ``$188''; and (C) subparagraph (C) of such section shall be applied by substituting ``$215'' for ``$125''. (b) No Adjustment for Fiscal Years 2004 and 2005.--Section 16131(b)(2) of such title shall not apply to rates of basic educational assistance paid under such section during fiscal years 2004 and 2005. SEC. 5. APPLICATION OF INDEX BASED ON COSTS OF HIGHER LEARNING. (a) In General.--Section 16131(b)(2) of title 10, United States Code, is amended to read as follows: ``(2)(A) With respect to any fiscal year beginning on or after October 1, 2005, the Secretary shall provide a percentage increase (rounded to the nearest dollar) in the rates payable under paragraph (1) equal to the percentage (as determined by the Secretary) by which-- ``(i) the average monthly costs of tuition and expenses for commuter students at public institutions of higher learning that award baccalaureate degrees for purposes of paragraph (1) for the fiscal year involved, exceeds ``(ii) such average monthly costs for the preceding fiscal year. ``(B) The Secretary shall make the determination under subparagraph (A) after consultation with the Secretary of Education. ``(C) A determination made under subparagraph (A) in a year shall take effect on October 1 of that year and apply with respect to basic educational assistance allowances payable under this section for the fiscal year beginning in that year. ``(D) Not later than September 30 each year, the Secretary shall publish in the Federal Register the average monthly costs of tuition and expenses as determined under subparagraph (A) in that year.''. (b) Conforming Amendment.--(1) Section 3015(h) of title 38, United States Code, is amended by striking ``by which--'' and all that follows and inserting ``determined by the Secretary under section 16131(b)(2) of title 10 for the fiscal year involved.''. (2) The amendment made by paragraph (1) shall apply to fiscal years beginning on or after October 1, 2005. SEC. 6. ONE-TIME BONUS FOR CERTAIN SERVICE IN CONNECTION WITH OPERATION IRAQI FREEDOM OR OPERATION ENDURING FREEDOM. (a) Army, Navy, Air Force, and Marine Corps.--The Secretary of Defense shall provide for the payment of a bonus under this section to each member of the Army, Navy, Air Force, or Marine Corps who, at any time during the service of the member in connection with Operation Iraqi Freedom or Operation Enduring Freedom, satisfied or satisfies the eligibility criteria for receipt of special pay under section 310 of title 37, United States Code, for duty subject to hostile fire or imminent danger. (b) Coast Guard.--The Secretary of Homeland Security shall provide for the payment of a bonus under this section to each member of the Coast Guard who, at any time during the service of the member in connection with Operation Iraqi Freedom or Operation Enduring Freedom, satisfied or satisfies the eligibility criteria for receipt of special pay under such section. (c) Amount of Bonus.--The amount of the bonus paid under this section shall be equal to $1,000. (d) Entitlement Limited to Single Bonus Payment.--A member may not receive more than one bonus under the authority of this section. SEC. 7. AUTHORIZATION OF ADDITIONAL FUNDING FOR VETERANS MEDICAL CARE. (a) Authorization.--There are authorized to be appropriated to the Department of Veterans Affairs, in addition to amounts otherwise authorized to be appropriated, the amount of $1,000,000,000 for each of fiscal years 2004 through 2013. (b) Improved Access to Care.--Amounts appropriated pursuant to the authorization of appropriations in subsection (a) shall be used to ensure that veterans seeking healthcare from the Department of Veterans Affairs receive their initial appointment for healthcare for a date that is not later than 30 days after the date on which the request is made. SEC. 8. INTERIM PAYMENTS UNDER CERTAIN VETERANS CLAIMS WHEN DECISION IS DELAYED FOLLOWING REMAND FOR EXPEDITED CONSIDERATION. (a) In General.--(1) Chapter 53 of title 38, United States Code, is amended by adding at the end the following new section: ``Sec. 5320. Interim benefits under certain remanded cases ``(a) Interim Benefits.--When a claim for benefits under the jurisdiction of the Secretary is remanded by the United States Court of Appeals for Veterans Claims or by the Board for Veterans' Appeals in a case to which section 302 of Public Law 103-446 (38 U.S.C. 5101 note) applies, if the Secretary does not make a decision on the matter within 180 days of the date of the remand decision, then until such matter is finally decided, the Secretary shall pay an interim benefit in the amount of $500 per month to each claimant under the claim. Such payments shall commence as of the first month beginning after the end of such 180-day period. ``(b) Effect on Interim Benefit Payments of Final Decision on Claim.--When a claim with respect to which interim benefits are being paid under subsection (b) is finally decided-- ``(1) if the final decision is to award benefits, the amounts paid as interim benefits shall be considered to be an advance payment of benefits owed for any period before the date of such final decision (except that if the total amount of interim benefits paid is greater than the amount of retroactive benefits, the amount of the difference shall not be considered to be an overpayment for any purpose); and ``(2) if the final decision is not to award benefits, the amounts paid as interim benefits shall not be considered to be an overpayment for any purpose.''. (2) The table of sections at the beginning of such chapter is amended by adding at the end the following new item: ``5320. Interim benefits under certain remanded cases.''. (b) Effective Date.--Section 5320 of title 38, United States Code, as added by subsection (a), shall apply with respect to any decision remanded by the Court of Appeals for Veterans Claims or the Board of Veterans' Appeals on or after the date of the enactment of this Act. (c) Report.--Not later than six months after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to Congress a report on measures the Secretary intends to take to expedite the processing of remanded claims for veterans benefits. SEC. 9. PROHIBITION ON INCREASES IN MEDICATION COPAYMENT FOR VETERANS AND IMPOSITION OF HEALTHCARE ENROLLMENT FEE FOR VETERANS. (a) Medication Copayments.--During the period beginning on the date of the enactment of this Act and ending on October 1, 2004, the Secretary of Veterans Affairs may not implement under subsection (b) of section 1722A of title 38, United States Code, an increase in the copayment for medications required under subsection (a) of that section. (b) Enrollment Fee.--During the period beginning on the date of the enactment of this Act and ending on October 1, 2004, the Secretary of Veterans Affairs may not implement an enrollment fee for veterans enrolling (or renewing enrollment) in the Department of Veterans Affairs healthcare system under section 1705 of such title. SEC. 10. INFORMATION FOR SEPARATING SERVICEMEMBERS ON VETERANS BENEFITS INFORMATION. (a) Information on Final Pay Stub.--Section 1142 of title 10, United States Code, is amended by adding at the end the following new subsection: ``(d) Information on Access to Veterans Benefits.--The Secretary concerned shall include on the final statement of pay and allowances provided to a member who is separating from active duty or an active status information on how to contact the Department of Veterans Affairs for information concerning veterans benefits and the Department of Labor for information concerning employment opportunities.''. (b) Effective Date.--Subsection (d) of section 1142 of title 10, United States Code, as added by subsection (a), shall apply with respect to persons separating from active duty or an active status in the Armed Forces after the end of the 60-day period beginning on the date of the enactment of this Act. SEC. 11. VETERANS OUTREACH PROGRAMS. (a) Information on Veterans Benefits.--Section 7722(c) of title 38, United States Code, is amended by adding at the end the following new paragraphs: ``(3) Information provided under this subsection shall include information on how to apply for benefits for which the veteran or dependent may be eligible, including information about assistance available under subsection (d). ``(4) In the case of veterans or dependents who are members of distinct beneficiary populations (such as survivors of veterans), the Secretary shall ensure that information provided under this subsection includes specific information about benefits relating to that population.''. (b) Annual Outreach Plan.--(1) Chapter 77 of such title is amended by inserting at the end of subchapter II the following new section: ``Sec. 7728. Annual outreach plan ``(a) The Secretary shall prepare an annual plan for the conduct of outreach activities under this subchapter. The Secretary shall include in the annual plan-- ``(1) efforts to identify veterans who are not otherwise enrolled or registered with the Department for benefits or services under programs administered by the Secretary; and ``(2) provisions for informing veterans and dependents of any changes in benefit programs or health care eligibility. ``(b) In developing the annual plan, the Secretary shall consult with the following: ``(1) Directors or other responsible officials of veterans service organizations. ``(2) Directors or other responsible officials of local education and training programs. ``(3) Representatives of veterans outreach programs. ``(4) Local veterans employment representatives. ``(5) Business and professional organizations. ``(6) Other appropriate individuals or organizations that could assist veterans in adjusting to a self-sufficient civilian life. ``(c) The annual report required by section 7726 of this title shall include specific information concerning the effectiveness of the outreach plan developed pursuant to this section.''. (2) The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 7727 the following new item: ``7728. Annual outreach plan.''. SEC. 12. RETENTION OF 38.6 PERCENT TOP INDIVIDUAL INCOME TAX RATE. (a) In General.--The table contained in section 1(i)(2) of the Internal Revenue Code of 1986, as amended by the Jobs and Growth Tax Relief Reconciliation Act of 2003, is amended by striking ``35.0%'' and inserting ``38.6%''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2002.

Salute to Veterans and the Armed Forces Act of 2003 - Allows the full payment of military retired pay and veterans' disability compensation, without deduction from either (current law), without the enactment of qualifying offsetting legislation. Repeals: (1) special compensation programs for certain severely disabled and combat-disabled military retirees; and (2) provisions requiring a dependency and indemnity compensation offset from surviving spouse annuities under the Survivor Benefit Plan. Increases the amount of basic educational assistance for members of the Selected Reserve. Directs the Secretary of Defense, for fiscal years after 2005, to provide a percentage increase in the higher learning cost index for determining basic educational assistance amounts. Directs the Secretary to pay a bonus to members who, at any time during service under Operations Iraqi Freedom or Enduring Freedom, satisfied eligibility requirements for the receipt of special pay for duty subject to hostile fire or imminent danger. Directs the Secretary of Homeland to provide such bonus to qualifying Coast Guard members. Authorizes additional appropriations for veterans' improved access to medical care. Directs the Secretary of Veterans Affairs to make interim payments under claims for veterans' benefits when the final decision regarding the payment of such benefits is delayed following remand by the U.S. Court of Appeals for Veterans Claims or the Board for Veterans' Appeals to the Secretary for expedited consideration. Prohibits with respect to veterans: (1) increases in medication copayments; and (2) the imposition of health care enrollment fees. Requires the: (1) Secretaries of Veterans Affairs and Labor to provide appropriate information concerning veterans' benefits and employment opportunities; and (2) Secretary of Veterans Affairs to prepare an annual plan for the conduct of veterans' outreach activities. Amends the Internal Revenue Code to place the maximum individual income tax rate at 38.6 percent.

To improve benefits for members of the Armed Forces and veterans and for their dependents and survivors.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Entrepreneur-in-Residence Act of 2012''. SEC. 2. DEFINITIONS. In this Act: (1) The term ``Director'' means the Director of the Office of Personnel Management. (2) The term ``program'' means the Federal entrepreneur-in- residence program established under section 3(a). (3) The term ``entrepreneur-in-residence'' means an individual appointed to a position under the program. (4) The term ``agency'' means an Executive agency, as defined in section 105 of title 5, United States Code. SEC. 3. FEDERAL ENTREPRENEUR-IN-RESIDENCE PROGRAM. (a) Program Established.--The Director, in consultation with the Administrator of the Small Business Administration and the Secretary of Commerce, shall establish a Federal entrepreneur-in-residence program under which the Director, with the concurrence of the head of an agency, may appoint an entrepreneur-in-residence to a position in the excepted service in the agency to carry out the duties described in subsection (d). (b) Mission of Program.--The mission of the program shall be to-- (1) provide for better outreach by the Federal Government to the private sector; (2) strengthen coordination and interaction between the Federal Government and the private sector on issues relevant to entrepreneurs and business concerns; and (3) make Federal programs simpler, quicker, more efficient, and more responsive to the needs of business concerns and entrepreneurs. (c) Appointments.-- (1) In general.--The Director-- (A) shall appoint entrepreneurs-in-residence under the program during each year; and (B) may not appoint more than 10 entrepreneurs-in- residence during any year. (2) Selection.--The Director shall select entrepreneurs-in- residence from among individuals who-- (A) are successful in their field; (B) have demonstrated success in working with business concerns and entrepreneurs; or (C) have successfully developed, invented, or created a product and brought the product to the marketplace. (3) Placement.--In appointing entrepreneurs-in-residence, the Director shall-- (A) give priority to placing entrepreneurs-in- residence across the Federal Government at separate agencies; and (B) to the extent practicable, not appoint more than 2 entrepreneurs-in-residence to positions in the same agency during the same year. (4) Terms of appointment.--An entrepreneur-in-residence-- (A) shall be a full-time employee of the agency to which the entrepreneur-in-residence is appointed; and (B) may not serve as an entrepreneur-in-residence for more than a period of 2 years. (d) Duties.--An entrepreneur-in-residence shall-- (1) assist Federal agencies in improving outreach to business concerns and entrepreneurs; (2) provide recommendations to the head of the agency employing the entrepreneur-in-residence on inefficient or duplicative programs, if any, at the agency; (3) provide recommendations to the head of the agency employing the entrepreneur-in-residence on methods to improve program efficiency at the agency or new initiatives, if any, that may be instituted at the agency; (4) facilitate meetings and forums to educate business concerns and entrepreneurs on programs or initiatives of the agency employing the entrepreneur-in-residence; (5) facilitate in-service sessions with employees of the agency employing the entrepreneur-in-residence on issues of concern to business concerns and entrepreneurs; and (6) provide technical assistance or mentorship to business concerns and entrepreneurs in accessing programs at the agency employing the entrepreneur-in-residence. (e) Compensation.-- (1) In general.--Except as provided in paragraph (2), the rate of basic pay payable to an entrepreneur-in-residence shall be determined in accordance with regulations prescribed by the Director, but shall in no event be less than the minimum rate of basic pay payable for grade GS-10 of the General Schedule nor more than the rate payable for level II of the Executive Schedule. (2) Highest rate allowable.--The rate of basic pay payable to an entrepreneur-in-residence may be increased to the rate payable for level II of the Executive Schedule if-- (A) the rate last payable to such entrepreneur-in- residence, before the effective date of the increase, is equal to the highest rate allowable under paragraph (1); (B) the entrepreneur-in-residence has satisfactorily completed at least 1 year of service, in a position under this section, within the employing agency; and (C) the employing agency has a performance appraisal system which, as of such effective date, is certified under section 5307(d)(2) of title 5, United States Code.''. (f) Reporting.--An entrepreneur-in-residence shall report directly to the head of the agency employing the entrepreneur-in-residence. (g) Authority To Establish Working Group.--The Director may establish an informal working group of entrepreneurs-in-residence to allow for entrepreneurs-in-residence to meet to discuss best practices, experiences, and recommendations in order to create an informal knowledge base for current and future entrepreneurs-in-residence. (h) Termination.--The Director may not appoint an entrepreneur-in- residence under this section after September 30, 2016.

Entrepreneur-in-Residence Act of 2012 - Directs the Director of the Office of Personnel Management (OPM) to establish an entrepreneur-in-residence program to appoint in-house entrepreneurs who have demonstrated success in working with business concerns and entrepreneurs to: (1) assist federal agencies in improving outreach to business concerns and entrepreneurs, (2) provide recommendations on inefficient or duplicative agency programs and on methods to improve agency efficiency, (3) facilitate meetings and forums to educate business concerns and entrepreneurs on agency programs and initiatives, and (4) provide technical assistance or mentorship. Limits to 10 the number of entrepreneurs-in-residence that the Director may appoint in any year. Authorizes the Director to establish an informal working group to allow entrepreneurs-in-residence to meet to discuss best practices, experiences, and recommendations in order to create an informal knowledge base for current and future entrepreneurs-in-residence. Terminates such program after FY2016.

To establish a program to accelerate entrepreneurship and innovation by partnering world-class entrepreneurs with Federal agencies.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Student Borrower Fairness Act''. SEC. 2. AVAILABILITY OF STUDENT LOANS AT FEDERAL RESERVE BANK DISCOUNT RATE. (a) Availability of Student Loans.--Section 455(b) of the Higher Education Act of 1965 (20 U.S.C. 1087e(b)) is amended-- (1) by redesignating paragraphs (9) and (10) as paragraphs (10) and (11); and (2) by inserting after paragraph (8) the following new paragraph: ``(9) Special rule for new loans on or after july 1, 2015.-- ``(A) Application of lower rate of interest.-- Notwithstanding the preceding paragraphs of this subsection, if the rate of interest determined under subparagraph (B) with respect to any loan for which the first disbursement is made on or after July 1, 2015, is less than the applicable rate of interest for the loan under paragraph (8), the applicable rate of interest for the loan shall be the rate determined under subparagraph (B). ``(B) Determination of rate.--The rate of interest determined under this subparagraph is, with respect to a loan disbursed during any 12-month period beginning on July 1 and ending on June 30, the primary credit rate charged by the Federal Reserve banks on the preceding June 1 for purposes of sections 13 and 13A of the Federal Reserve Act (12 U.S.C. 342 et seq.). ``(C) Consultation.--The Secretary shall determine the rate of interest under subparagraph (B) after consultation with the Secretary of the Treasury and shall publish such rate in the Federal Register as soon as practicable after the date of determination. ``(D) Fixed rate.--The applicable rate of interest determined under this paragraph for a loan shall be fixed for the period of the loan.''. (b) Borrower Modification of Interest Rates.--Section 455(b) of such Act (20 U.S.C. 1087e(b)), as amended by subsection (a), is further amended by adding at the end the following new paragraph: ``(12) Borrower modification of interest rate.-- ``(A) Modification.--Notwithstanding the preceding paragraphs of this subsection, the borrower of a Federal Direct Stafford Loan, a Federal Direct Unsubsidized Stafford Loan, a Federal Direct PLUS Loan, or a Federal Direct Consolidation Loan may elect to modify the interest rate of the loan to be equal to the interest rate that would be applicable to such loan if such loan were first disbursed (or in the case of a Federal Direct Consolidation Loan, first applied for) on the date on which such borrower elects to modify the interest rate of such loan. ``(B) Fixed rate.--Except as provided in subparagraph (C), an interest rate elected under subparagraph (A) for a loan shall be fixed for the life of the loan. ``(C) Continuing authority to modify.--A borrower may elect to modify the interest rate of a loan in accordance with subparagraph (A) at any time during the life of the loan. ``(D) Construction.--Nothing in this paragraph shall be construed to authorize any refunding of any repayment of a loan.''. SEC. 3. INCOME TAX RATE OF PUBLICLY TRADED CORPORATIONS BASED ON COMPENSATION RATIO. (a) In General.--Section 11 of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``(e) Tax Rate of Publicly Traded Corporations Based on Compensation Ratio.-- ``(1) In general.--In the case of a publicly traded corporation (as defined in section 162(m)(2)), the amount of tax under subsection (b) shall be determined-- ``(A) by adjusting the highest rate of tax applicable to the taxpayer by the percentage point adjustment specified in paragraph (2), and ``(B) by making proper adjustments to-- ``(i) the dollar amount in clause (ii) of the second sentence of paragraph (1), and ``(ii) the dollar amount in clause (ii) of the third sentence of paragraph (1). ``(2) Adjustment of tax rate.--For purposes of paragraph (1), the percentage points specified in this paragraph shall be determined as follows: ---------------------------------------------------------------------------------------------------------------- ``If the compensation ratio is: The percentage point adjustment is: ---------------------------------------------------------------------------------------------------------------- Not more than 25............................. -1 percentage points More than 25 but not more than 50............ -0.5 percentage points More than 50 but not more than 100........... zero More than 100 but not more than 150.......... +0.5 percentage points More than 150 but not more than 200.......... +1 percentage points More than 200 but not more than 250.......... +1.5 percentage points More than 250 but not more than 300.......... +2 percentage points More than 300 but not more than 400.......... +2.5 percentage points More than 400................................ +3 percentage points. ---------------------------------------------------------------------------------------------------------------- ``(3) Definitions.--For purposes of this subsection-- ``(A) Compensation ratio.--The compensation ratio for a taxable year means a ratio-- ``(i) the numerator of which is the amount equal to the greater of the compensation of the chief operating officer or the highest paid employee of the taxpayer for the calendar year preceding the beginning of the taxable year, and ``(ii) the denominator of which is the amount equal to the median compensation of all employees employed by the taxpayer in the United States for the calendar year preceding the beginning of the taxable year. ``(B) Compensation.-- ``(i) Employees.--In the case of employees of the taxpayer other than the chief operating officer or the highest paid employee, the term `compensation' means wages (as defined in section 3121(a)) paid by the taxpayer during a calendar year. ``(ii) CEO and highest paid employee.--In the case of the chief operating officer and the highest paid employee of the taxpayer, the term `compensation' means total compensation for the calendar year, as reported in the Summary Compensation Table reported to the Securities and Exchange Commission pursuant to Item 402 of Regulation S-K of the Securities and Exchange Commission. ``(4) Special rule if contracted or foreign employee ratio increases.-- ``(A) In general.--If-- ``(i) the total number of full-time employees, determined on an annual full-time equivalent basis, employed by the taxpayer in the United States for a taxable year is reduced by more than 10 percent, as compared to the total number of full-time employees, determined on an annual full-time equivalent basis, employed by the taxpayer in the United States for the preceding taxable year, and ``(ii) the total number of contracted employees or foreign full-time employees, determined on an annual full-time equivalent basis, of the taxpayer for that taxable year has increased, as compared with the total number of contracted employees or foreign full- time employees, determined on an annual full- time equivalent basis, of the taxpayer for the preceding taxable year, then the applicable tax rate determined under paragraph (2) shall be increased by 50 percent. For taxpayers who first commence doing business during the taxable year, the number of full-time employees, contracted employees, and foreign full-time employees for the immediately preceding prior taxable year shall be zero. ``(B) Definitions.--For purposes of this paragraph-- ``(i) Annual full-time equivalent.--The term `annual full-time equivalent' means-- ``(I) in the case of a full-time employee paid hourly qualified wages, the total number of hours worked for the taxpayer by the employee, not to exceed 2,000 hours per employee, divided by 2,000, and ``(II) in the case of a salaried full-time employee, the total number of weeks worked for the taxpayer by the employee divided by 52. ``(ii) Contracted full-time employee.--The term `contracted full-time employee' means an individual engaged by the taxpayer to provide a specific set of services established pursuant to the terms and conditions of a written employment contract that delineates the length of employment, the salary and bonuses (if any) to be paid, and the benefits that accrue to that individual. ``(iii) Foreign full-time employee.--The term `foreign full-time employee' means a full- time employee of the taxpayer that is employed at a location other than the United States. ``(iv) Full-time employee.--The term `full- time employee' means an employee of the taxpayer that either-- ``(I) is paid compensation by the taxpayer for services of not less than an average of 35 hours per week, or ``(II) is a salaried employee of the taxpayer and is paid compensation during the taxable year for full-time employment. ``(5) Controlled groups.--For purposes of this subsection, all persons treated as a single employer under subsection (b), (c), (m) or (o) of section 414, shall be treated as one person. ``(6) Reports.--The taxpayer shall furnish such reports to the Secretary with respect to compensation and such other matters as the Secretary may require. The reports required by this subsection shall be filed at such time and in such manner as may be required by the Secretary. ``(7) Regulations.--The Secretary shall prescribe such regulations and other guidance as may be necessary or appropriate to carry out this subsection, including any guidelines regarding the determination of wages, average compensation, and compensation ratio.''. (b) Effective Date.--The amendment made by subsection (a) shall apply to taxable years beginning after the date of the enactment of this Act.

Student Borrower Fairness Act This bill amends the Higher Education Act of 1965 to permit student loan borrowers to refinance their loans at interest rates offered on loans to banks by the Federal Reserve System. The cost of this bill is offset by an amendment to the Internal Revenue Code that increases the corporate income rate on companies that pay their chief executive officers or highest paid employees more than 100 times the median compensation of all their employees.

Student Borrower Fairness Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Adjusting for Income Disparity Act of 2012''. SEC. 2. INCOME DISPARITY TAX CREDIT. (a) In General.--Part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 32 the following new section: ``SEC. 32A. INCOME DISPARITY CREDIT. ``(a) Allowance of Credit.--In the case of an individual, there shall be allowed as a credit against the tax imposed by this subtitle for the taxable year an amount equal to income disparity credit amount with respect to the taxpayer for the taxable year. ``(b) Income Disparity Credit Amount.--For purposes of this section-- ``(1) In general.--The income disparity credit amount shall be an amount equal to the applicable credit amount reduced (but not below zero) by the applicable percentage of so much of the taxpayer's modified adjusted gross income as exceeds the phaseout threshold. ``(2) Applicable amount; percentage.--The applicable credit amount, the applicable percentage, and the phaseout threshold shall be determined as follows: The The The ``In the case of a taxpayer applicable applicable phaseout with: credit percentage threshold amount is: is: is: No dependents................. $2,500 3\1/3\ $15,000 1 dependent................... $4,000 5\1/3\ $20,000 2 dependents.................. $4,500 6 $25,000 3 or more dependents.......... $5,000 6\2/3\ $30,000. ``(c) Definitions and Special Rules.--For purposes of this section-- ``(1) Dependent.--The term `dependent' has the meaning given such term by section 152 (determined without regard to subsections (b)(2) and (d)(1)(B) thereof.) ``(2) Modified adjusted gross income.--The term `modified adjusted gross income' means adjusted gross income increased by-- ``(A) any amount excluded from gross income under section 911, 931, or 933, ``(B) any amount of interest received or accrued by the taxpayer during the taxable year which is exempt from tax, ``(C) an amount equal to the portion of the taxpayer's social security benefits (as defined in section 86(d)) which is not included in gross income under section 86 for the taxable year, and ``(D) any Federal assistance otherwise excluded from gross income. ``(3) Married individuals.--In the case of an individual who is married (within the meaning of section 7703), this section shall apply only if a joint return is filed for the taxable year under section 6013. ``(4) Rule for excessive investment income.--No credit shall be allowed under subsection (a) for the taxable year if the aggregate amount of disqualified income (as defined in section 32(i)(1)) of the taxpayer for the taxable year exceeds $3,100. ``(5) Dependent ineligible.--If an individual is a dependent with respect to a taxpayer for any taxable year of such taxpayer beginning in a calendar year, such individual shall not be allowed a credit under this section for any taxable year of such individual beginning in such calendar year. ``(6) Limitation on eligibility of nonresident aliens.--No credit shall be allowed with respect to any individual who is a nonresident alien individual for any portion of the taxable year unless such individual is treated for such taxable year as a resident of the United States for purposes of this chapter by reason of an election under subsection (g) or (h) of section 6013. ``(7) Principal place of abode in united states.-- ``(A) In general.--No credit shall be allowed with respect to an individual for a taxable year, unless such individual's principal place of abode is in the United States for more than \1/2\ of such taxable year. ``(B) Treatment of military personnel stationed outside the united states.--Rules similar to the rules of section 32(c)(4) shall apply for purposes of subparagraph (A). ``(8) Minimum hours of service.-- ``(A) In general.--No credit shall be allowed under subsection (a) with respect to an individual unless such individual (or, if married, such individual's spouse) has performed 390 hours of service or more for an employer during the taxable year. ``(B) Special rule for self-employment.--A taxpayer who is an employee within the meaning of section 401(c)(1) shall be treated as performing service for an employer for purposes of this paragraph. ``(9) Identifying information required.--No credit shall be allowed under subsection (a) with respect to an individual unless the TIN of such individual, and the TIN of any dependent taken into account under this section with respect to such individual, is included on the return claiming the credit. ``(d) Inflation Adjustment.--In the case of any taxable year beginning in a calendar year after 2012, each of the dollar amounts in the table in subsection (b)(2) and the dollar amount in subsection (c)(4) shall be increased by an amount equal to-- ``(1) such dollar amount, multiplied by ``(2) 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 2011' for `calendar year 1992' in subparagraph (B) thereof. Any increase determined under the preceding sentence shall be rounded to the nearest multiple of $10.''. (b) Clerical Amendment.--The table of sections for part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 32 the following new item: ``Sec. 32A. Income disparity credit.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2011. SEC. 3. ACCELERATION OF EGTRRA SUNSET. (a) In General.--Section 901 of the Economic Growth and Tax Relief Reconciliation Act of 2001 is amended by striking ``December 31, 2012'' and inserting ``December 31, 2011''. (b) Effective Date.--The amendment made by this section shall take effect as if included in the enactment of the Economic Growth and Tax Relief Reconciliation Act of 2001. SEC. 4. ACCELERATION OF JGTRRA SUNSET. (a) In General.--Section 303 of the Jobs and Growth Tax Relief Reconciliation Act of 2003 is amended by striking ``December 31, 2012'' and inserting ``December 31, 2011''. (b) Effective Date.--The amendment made by this section shall take effect as if included in the enactment of the Jobs and Growth Tax Relief Reconciliation Act of 2003.

Adjusting for Income Disparity Act of 2012 - Amends the Internal Revenue Code to allow an individual taxpayer a new tax credit to compensate for income disparity. Sets the amount of such credit at the applicable credit amount ($2,500 to $5,000) reduced by a specified percentage (3 1/3% to 6 2/3%) of the excess of the taxpayer's modified adjusted gross income over a specified threshold ($15,000 to $30,000), based on the number of the taxpayer's dependents. Accelerates to December 31, 2011 (currently, December 31, 2012), the termination date for the Economic Growth and Tax Relief Reconciliation Act (EGTRRA) and the provisions of the Jobs and Growth Tax Relief Reconciliation Act of 2003 (JGTRRA) providing for a reduction in capital gain and dividend tax rates.

To amend the Internal Revenue Code of 1986 to allow an income disparity tax credit.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Oil Shale Reserve Fund Revenue Disposition Act''. SEC. 2. DISPOSITION OF QUALIFIED OIL SHALE REVENUES. Section 7439 of title 10, United States Code, is amended-- (1) in subsection (f)-- (A) in paragraph (1)-- (i) by striking ``all moneys received during the period specified in paragraph (2)'' and inserting ``during the period beginning on November 18, 1997, and ending on December 31, 2017, all amounts received''; and (ii) by striking ``and shall not be subject to the distribution to the states pursuant to subsection (a) of such section 35'' and inserting ``for distribution in accordance with subsection (g)''; and (B) by striking paragraph (2) and inserting the following: ``(2) Any amounts deposited under paragraph (1) shall not be subject to distribution to the States under section 35(a) of the Mineral Leasing Act (30 U.S.C. 191(a)).''; and (2) by striking subsection (g) and inserting the following: ``(g) Use of Revenues.-- ``(1) Definitions.--In this subsection: ``(A) Secretary.--The term `Secretary' means the Secretary of the Interior. ``(B) State.--The term `State' means the State of Colorado. ``(C) State fund.--The term `State fund' means the oil shale special fund established under Colo. Rev. Stat. 34-63-104. ``(2) Distribution of revenues.--Of the amounts deposited in the general fund of the Treasury under subsection (f)(1)-- ``(A) 50 percent shall be transferred from the Secretary of the Treasury to the State for deposit in the State fund, for use in accordance with paragraph (3); and ``(B) 50 percent shall be deposited in a special account of the Treasury, to be available to the Secretary without further appropriation until expended, for use in accordance with paragraph (4). ``(3) Use of state fund.--Amounts deposited in the State fund under paragraph (2)(A) shall be used by the State in accordance with the provisions of the State fund to assist State agencies, school districts, and political subdivisions of the State affected by the development and production of energy resources from oil shale land in planning for and providing facilities and services associated with the development and production. ``(4) Use of special account.-- ``(A) In general.--The Secretary shall use amounts deposited in the special account under paragraph (2)(B) only for 1 or more of the following purposes: ``(i) Any necessary environmental restoration, waste management, or environmental compliance activities with respect to Oil Shale Reserve Numbered 3 that are-- ``(I) the responsibility of the United States; and ``(II)(aa) identified in the report relating to Oil Shale Reserve Numbered 3 submitted by the Secretary to Congress in November 2005; or ``(bb) identified by the Secretary after the date of the submission of the report described in item (aa). ``(ii) Any necessary additional analysis, site characterization, and geotechnical studies or monitoring that the Secretary determines to be necessary to support environmental restoration, waste management, or environmental compliance with respect to Oil Shale Reserve Numbered 3. ``(iii) Financial assistance to local governments in the States of Colorado, Utah, and Wyoming affected by the development and production of energy resources from oil shale land in the form of grants awarded in a manner prescribed by the Secretary to carry out planning for, and providing infrastructure that may be necessary to address, community needs created by new energy production and development activities. ``(iv) Financial assistance to the States of Colorado, Utah, and Wyoming for purposes of-- ``(I) conducting studies requested by the Secretary; or ``(II) carrying out coordination and consultation activities under this section. ``(v) Any additional administrative costs incurred by the Bureau of Land Management for the coordination and processing of use authorizations on Federal land, inspection and enforcement activities, and monitoring necessary to implement section 369 of the Energy Policy Act of 2005 (42 U.S.C. 15927). ``(B) Coordination.--To ensure accountability and demonstrated results, the Secretary shall coordinate with the Secretary of Energy, the State, local governments, and other interested persons in using amounts in the special account under this paragraph.''.

Oil Shale Reserve Fund Revenue Disposition Act - Amends federal law concerning the leasing to private entities by the Secretary of the Interior of certain federal oil shale reserves in Colorado to provide a new system for the distribution of revenues from such leases (currently, all proceeds are deposited into the Treasury). States that, for all proceeds received between November 18, 1997, and December 31, 2017: (1) 50% shall be transferred from the Secretary of the Treasury to the state of Colorado for deposit into its oil shale special fund; and (2) 50% shall be deposited into a special account of the Treasury. Requires amounts deposited into: (1) the Colorado special fund to be used to assist state agencies, school districts, and political subdivisions affected by the development and production of energy resources from oil shale in planning for and providing facilities and services associated with such development and production; and (2) the special account of the Treasury to be used for any of a number of purposes, including environmental restoration and financial assistance to the states of Colorado, Utah, and Wyoming for costs connected to energy resources development and production.

A bill to amend title 10, United States Code, to provide for the distribution of a share of certain mineral revenues to the State of Colorado, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Renewable Power for Agriculture Incentive Program Act of 2008''. SEC. 2. CREDIT TO FARMERS TO OFFSET HIGH ENERGY COSTS, ENCOURAGE USE OF RENEWABLE ENERGY, AND REDUCED PRICES TO CONSUMERS. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 45Q. FARMER'S RENEWABLE ENERGY CREDIT. ``(a) Determination of Credits for 2008.-- ``(1) In general.--In the case of the taxpayer's taxable year which includes December 31, 2008, the farmer's renewable energy credit determined under this section is an amount equal to the excessive fuel cost paid or incurred by the taxpayer during such taxable year for any creditable fuel used by the taxpayer in the trade or business of farming. ``(2) Excessive fuel cost.--For purposes of this subsection-- ``(A) In general.--The term `excessive fuel cost' means, with respect to any creditable fuel, the excess (if any) of-- ``(i) the amount paid or incurred by the taxpayer for such fuel, over ``(ii) the adjusted base price for such fuel. ``(B) Adjusted base price.--The term `adjusted base price' means, with respect to any creditable fuel, the average price for such fuel on September 6, 2004, for the region in which the taxpayer purchased such fuel (as determined by Secretary using data of the Energy Information Agency of the Department of Energy). ``(b) Determination of Credits After 2008.--In the case of any taxable year of the taxpayer beginning after December 31, 2008-- ``(1) In general.--In the case of an eligible taxpayer, the farmer's renewable energy credit determined under this section is an amount equal to the product of-- ``(A) the annual fuel reduction amount, multiplied by ``(B) the average fuel price. ``(2) Credit eligibility conditioned on use of prior year credit.--No credit shall be allowed to any taxpayer under this subsection, unless the taxpayer demonstrates to the satisfaction of the Secretary that such taxpayer has used the credit allowed to the taxpayer under this section for the preceding taxable year as follows: ``(A) 50 percent of the amount of such credit has been used to reduce the prices to consumers of the agricultural commodities produced by the taxpayer in the trade or business of farming. ``(B) In the case of any creditable fuel other than electricity, 50 percent of the amount of such credit has been used to substitute renewable energy for the fossil fuels used by the taxpayer in the trade or business of farming. ``(C) In the case of electricity, 50 percent of the amount of such credit has been used to either-- ``(i) substitute electricity produced by the taxpayer from renewable resources for the electricity purchased from the grid and used by the taxpayer in the trade or business of farming, or ``(ii) decrease the amount of electricity used by the taxpayer in the trade or business of farming by increasing efficiency. ``(3) Definitions.--For purposes of this subsection-- ``(A) Annual fuel reduction amount.--The term `annual fuel reduction amount' means, with respect to any creditable fuel for any taxable year, the excess of-- ``(i) the amount of such creditable fuel used by the taxpayer in the trade or business of farming during the preceding taxable year, over ``(ii) the amount of such creditable fuel used by the taxpayer in the trade or business of farming during the taxable year for which credit is being determined. ``(B) Average fuel price.--The term `average fuel price' means, with respect to any creditable fuel for any taxable year, the average price of such fuel during the calendar year preceding the calendar year in which the taxable year begins for the region in which the taxpayer purchased such fuel (as determined by Secretary using data of the Energy Information Agency of the Department of Energy). ``(4) Eligible taxpayer.--The term `eligible taxpayer' means, with respect to any taxable year, any taxpayer who-- ``(A) was allowed a credit under this section for the preceding taxable year, or ``(B) was not engaged in the trade or business of farming for any preceding taxable year which ended on or after December 31, 2008. ``(c) Creditable Fuel.--For purposes of this section, the term `creditable fuel' means any fossil fuel and electricity. This section shall be applied separately with respect to electricity and with respect to each type of fossil fuel. ``(d) Termination.--No credit shall be allowed under this section for any taxable year beginning after December 31, 2013.''. (b) Credit To Be Part of General Business Credit.--Subsection (b) of section 38 of such Code is amended by striking ``plus'' at the end of paragraph (31), by striking the period at the end of paragraph (32) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(33) the farmer's renewable energy credit determined under section 45Q.''. (c) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 45Q. Farmer's renewable energy credit.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years ending on or after December 31, 2008.

Renewable Power for Agriculture Incentive Program Act of 2008 - Amends the Internal Revenue Code to allow a business-related tax credit for excessive fuel costs for creditable fuel (i.e., fossil fuel or electricity) used by a taxpayer in the trade or business of farming. Defines "excessive fuel cost" as the excess amount paid for creditable fuel over the adjusted base price for such fuel (the average price for such fuel on September 6, 2004, for the region in which the taxpayer purchased such fuel). Terminates such credit after 2013.

To amend the Internal Revenue Code of 1986 to provide a tax credit to farmers to offest high energy prices, to encourage the use of renewable energy, and to reduce prices to consumers.

SECTION 1. SHORT TITLE. This Act may be cited as the ``HUBZone Revitalization Act of 2015''. SEC. 2. HUBZONE QUALIFIED DISASTER AREAS. (a) In General.--The Small Business Act (15 U.S.C. 631 et seq.) is amended-- (1) in section 3(p) (15 U.S.C. 632(p))-- (A) in paragraph (1)-- (i) in subparagraph (D), by striking ``or''; (ii) in subparagraph (E), by striking the period at the end and inserting ``; or''; and (iii) by adding at the end the following: ``(F) qualified disaster areas.''; and (B) in paragraph (4), by adding at the end the following: ``(E) Qualified disaster area.-- ``(i) In general.--The term `qualified disaster area' means any census tract or nonmetropolitan county located in an area for which the President has declared a major disaster under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170) or located in an area in which a catastrophic incident has occurred, if-- ``(I) in the case of a census tract, the census tract ceased to be a qualified census tract during the period beginning 5 years before and ending 2 years after the date on which-- ``(aa) the President declared the major disaster; or ``(bb) the catastrophic incident occurred; or ``(II) in the case of a nonmetropolitan county, the nonmetropolitan county ceased to be a qualified nonmetropolitan county during the period beginning 5 years before and ending 2 years after the date on which-- ``(aa) the President declared the major disaster; or ``(bb) the catastrophic incident occurred. ``(ii) Treatment.--A qualified disaster area shall only be treated as a HUBZone-- ``(I) in the case of a major disaster declared by the President, during the 5-year period beginning on the date on which the President declared the major disaster for the area in which the census tract or nonmetropolitan county, as applicable, is located; and ``(II) in the case of a catastrophic incident, during the 10- year period beginning on the date on which the catastrophic incident occurred in the area in which the census tract or nonmetropolitan county, as applicable, is located.''; and (2) in section 31(c)(3) (15 U.S.C. 657a(c)(3)), by inserting ``the Administrator of the Federal Emergency Management Agency,'' after ``the Secretary of Labor,''. (b) Applicability.--The amendments made by subsection (a) shall apply to a major disaster declared by the President under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170) or a catastrophic incident that occurs on or after the date of enactment of this Act. SEC. 3. BASE CLOSURE HUBZONES. (a) In General.--Section 3(p)(5)(A)(i)(I) of the Small Business Act (15 U.S.C. 632(p)(5)(A)(i)(I)) is amended-- (1) in item (aa), by striking ``or'' at the end; (2) by redesignating item (bb) as item (cc); and (3) by inserting after item (aa) the following: ``(bb) pursuant to subparagraph (A), (B), (C), (D), or (E) of paragraph (3), that its principal office is located in a HUBZone described in paragraph (1)(E) (relating to base closure areas) (in this item referred to as the `base closure HUBZone'), and that not fewer than 35 percent of its employees reside in-- ``(AA) a HUBZone; ``(BB) the census tract in which the base closure HUBZone is wholly contained; ``(CC) a census tract the boundaries of which intersect the boundaries of the base closure HUBZone; or ``(DD) a census tract the boundaries of which are contiguous to a census tract described in subitem (BB) or (CC); or''. (b) Period for Base Closure Areas.-- (1) Amendments.-- (A) In general.--Section 152(a)(2) of title I of division K of the Consolidated Appropriations Act, 2005 (15 U.S.C. 632 note) is amended by striking ``5 years'' and inserting ``8 years''. (B) Conforming amendment.--Section 1698(b)(2) of National Defense Authorization Act for Fiscal Year 2013 (15 U.S.C. 632 note) is amended by striking ``5 years'' and inserting ``8 years''. (2) Effective date; applicability.--The amendments made by paragraph (1) shall-- (A) take effect on the date of enactment of this Act; and (B) apply to-- (i) a base closure area (as defined in section 3(p)(4)(D) of the Small Business Act (15 U.S.C. 632(p)(4)(D))) that, on the day before the date of enactment of this Act, is treated as a HUBZone described in section 3(p)(1)(E) of the Small Business Act (15 U.S.C. 632(p)(1)(E)) under-- (I) section 152(a)(2) of title I of division K of the Consolidated Appropriations Act, 2005 (15 U.S.C. 632 note); or (II) section 1698(b)(2) of National Defense Authorization Act for Fiscal Year 2013 (15 U.S.C. 632 note); and (ii) a base closure area relating to the closure of a military instillation under the authority described in clauses (i) through (iv) of section 3(p)(4)(D) of the Small Business Act (15 U.S.C. 632(p)(4)(D)) that occurs on or after the date of enactment of this Act.

. HUBZone Revitalization Act of 2015 (Sec. 2) This bill amends the Small Business Act to redefine HUBZones (historically underutilized business Zones) eligible for certain assistance to include a qualified disaster area (a specified census tract or nonmetropolitan county located in a major declared disaster area or in an area where a catastrophic incident has occurred). A qualified disaster area shall be treated as a HUBZone for 5 years after it has been declared a major disaster area or for 10 years after a catastrophic incident has occurred within it. The Federal Emergency Management Agency shall provide the Small Business Administration with any data it needs to verify a small business's eligibility for the HUBZone small business loan program. (Sec. 3) HUBZones shall now also include areas that can be used by small businesses whose principal offices are located in base closure HUBZones, with at least 35% of their employees residing in: a HUBZone, a census tract in which the base closure HUBZone is wholly contained, a census tract that intersects the boundaries of the base closure HUBZone, or census tract contiguous with these census tracts. This bill also amends the Consolidated Appropriations Act, 2005 to extend HUBZone eligibility assistance for base closure areas from five years to eight years after their closure.

HUBZone Revitalization Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``District of Columbia Budget Accountability Act of 2014''. SEC. 2. FISCAL YEAR FOR DISTRICT OF COLUMBIA. Section 441(b) of the District of Columbia Home Rule Act (sec. 1- 204.41, D.C. Official Code) is amended to read as follows: ``(b) Authorization To Establish Fiscal Year by Act of Council.-- The District may change the fiscal year of the District by an Act of the Council. If a change occurs, such fiscal year shall also constitute the budget and accounting year.''. SEC. 3. ENACTMENT OF DISTRICT OF COLUMBIA LOCAL BUDGET. (a) In General.--Section 446 of the District of Columbia Home Rule Act (sec. 1-204.46, D.C. Official Code) is amended to read as follows: ``enactment of local budget by district of columbia ``Sec. 446. (a) Adoption of Budgets and Supplements.--The Council, within 70 calendar days after receipt of the budget proposal from the Mayor, and after public hearing, shall by Act adopt the annual budget for the District of Columbia government. Any supplements thereto shall also be adopted by Act of the Council after public hearing. ``(b) Transmission to President During Control Years.--In the case of a budget for a fiscal year which is a control year, the budget so adopted shall be submitted by the Mayor to the President for transmission by the President to the Congress, except that the Mayor shall not transmit any such budget, or amendments or supplements thereto, to the President until the completion of the budget procedures contained in this Act and the District of Columbia Financial Responsibility and Management Assistance Act of 1995. ``(c) Prohibiting Obligations and Expenditures Not Authorized Under Budget.--Except as provided in section 445A(b), section 446B, section 467(d), section 471(c), section 472(d)(2), section 475(e)(2), section 483(d), and subsections (f), (g), (h)(3), and (i)(3) of section 490, no amount may be obligated or expended by any officer or employee of the District of Columbia government unless-- ``(1) such amount has been approved by an Act of the Council (and then only in accordance with such authorization) and such Act has been transmitted by the Chairman to the Congress and has completed the review process under section 602(c)(3); or ``(2) in the case of an amount obligated or expended during a control year, such amount has been approved by an Act of Congress (and then only in accordance with such authorization). ``(d) Restrictions on Reprogramming of Amounts.--After the adoption of the annual budget for a fiscal year (beginning with the annual budget for fiscal year 1995), no reprogramming of amounts in the budget may occur unless the Mayor submits to the Council a request for such reprogramming and the Council approves the request, but only if any additional expenditures provided under such request for an activity are offset by reductions in expenditures for another activity. ``(e) Definition.--In this part, the term `control year' has the meaning given such term in section 305(4) of the District of Columbia Financial Responsibility and Management Assistance Act of 1995.''. (b) Conforming Amendments.--(1) Sections 467(d), 471(c), 472(d)(2), 475(e)(2), and 483(d), and subsections (f), (g)(3), (h)(3), and (i)(3) of section 490 of such Act are each amended by striking ``The fourth sentence of section 446'' and inserting ``Section 446(c)''. (2) The third sentence of section 412(a) of such Act (sec. 1- 204.12(a), D.C. Official Code) is amended by inserting ``for a fiscal year which is a control year described in such section'' after ``section 446 applies''. (3) Section 202(c)(2) of the District of Columbia Financial Responsibility and Management Assistance Act of 1995 (sec. 47- 392.02(c)(2), D.C. Official Code) is amended by striking ``the first sentence of section 446'' and inserting ``section 446(a)''. (4) Section 202(c)(4)(A)(ii) of the District of Columbia Financial Responsibility and Management Assistance Act of 1995 (sec. 47- 392.02(c)(4)(A)(ii), D.C. Official Code) is amended by striking ``446'' and inserting ``446(b)''. (5) Section 202(c)(5)(C)(ii) of the District of Columbia Financial Responsibility and Management Assistance Act of 1995 (sec. 47- 392.02(c)(5)(C)(ii), D.C. Official Code) is amended by striking ``446'' and inserting ``446(b)''. (6) Section 202(d)(3)(A) of the District of Columbia Financial Responsibility and Management Assistance Act of 1995 (sec. 47- 392.02(d)(3)(A), D.C. Official Code) is amended by striking ``the first sentence of section 446'' and inserting ``section 446(a)''. (7) Section 11206 of the National Capital Revitalization and Self- Government Improvement Act of 1997 (sec. 24-106, D.C. Official Code) is amended by striking ``the fourth sentence of section 446'' and inserting ``section 446(c)''. (c) Clerical Amendment.--The item relating to section 446 in the table of contents of such Act is amended to read as follows: ``Sec. 446. Enactment of local budget by District of Columbia.''. SEC. 4. ACTION BY COUNCIL OF DISTRICT OF COLUMBIA ON LINE-ITEM VETOES BY MAYOR OF PROVISIONS OF BUDGET ACTS. Section 404(f) of the District of Columbia Home Rule Act (sec. 1- 204.04(f), D.C. Official Code) is amended by striking ``transmitted by the Chairman to the President of the United States'' both places it appears and inserting the following: ``incorporated in such Act''. SEC. 5. PERMITTING EMPLOYEES TO BE HIRED IF POSITION AUTHORIZED BY ACT OF THE COUNCIL. Section 447 of the District of Columbia Home Rule Act (sec. 1- 204.47, D.C. Official Code) is amended-- (1) by striking ``Act of Congress'' each place it appears and inserting ``act of the Council (or Act of Congress, in the case of a year which is a control year)''; and (2) by striking ``Acts of Congress'' and inserting ``acts of the Council (or Acts of Congress, in the case of a year which is a control year)''. SEC. 6. OTHER CONFORMING AMENDMENTS TO HOME RULE ACT RELATING TO CHANGES IN FEDERAL ROLE IN BUDGET PROCESS. Section 603 of the District of Columbia Home Rule Act (sec. 1- 206.03, D.C. Official Code) is amended-- (1) in subsection (a), by inserting before the period at the end the following: ``for a fiscal year which is a control year''; and (2) by striking subsection (d) and inserting the following: ``(d) Except as provided in subsection (f), the Council shall not transmit an Act under section 446(a) which is not balanced according to the provisions of subsection (c).''. SEC. 7. CONGRESSIONAL REVIEW. Section 602(c) of the District of Columbia Home Rule Act (sec. 1- 206.02, D.C. Official Code) is amended-- (1) by redesignating paragraph (3) as paragraph (4); and (2) by inserting after paragraph (2) the following: ``(3) In the case of any Act transmitted under the first sentence of paragraph (1) to which section 446 applies and for which the fiscal year involved is not a control year, such Act shall take effect upon the expiration of the 30-calendar-day period beginning on the day such Act is transmitted, or upon the date prescribed by such Act, whichever is later, except as follows: ``(A) If such 30-day period expires and if either chamber has not been in session for at least 5 calendar days during such period, the effective date period applicable under this paragraph shall be extended for 5 additional days. ``(B) If during the period described in subparagraph (A), a joint resolution disapproving such Act has passed both Houses of Congress and has been transmitted to the President, such resolution, upon becoming law, subsequent to the expiration of such period, shall be deemed to have repealed such Act, as of the date such resolution becomes law. The provisions of section 604 shall apply with respect to any joint resolution disapproving any Act pursuant to this subparagraph.''. SEC. 8. CONFORMING AMENDMENTS RELATING TO FEDERALLY AUTHORIZED ADJUSTMENTS TO LOCAL APPROPRIATIONS. (a) Acceptance of Grants Not Included in Adopted Budget.-- (1) Authority to accept amounts.--Section 446B(a) of the District of Columbia Home Rule Act (sec. 1-204.46B(a), D.C. Official Code) is amended-- (A) by striking ``the fourth sentence of section 446'' and inserting ``section 446(c)''; and (B) by striking ``approved by Act of Congress''. (2) Reports to congress.--Section 446B(e) of such Act (sec. 1-204.46B(e), D.C. Official Code) is amended by striking ``submitted to the Council and to the'' and inserting ``submitted to the Council, the Committee on Oversight and Government Reform of the House of Representatives, the Committee on Homeland Security and Governmental Affairs of the Senate, and the''. (b) Authority To Increase Spending in Case of General Fund Surplus.--Section 816 of the Financial Services and General Government Appropriations Act, 2009 (sec. 47-369.01, D.C. Official Code), is amended-- (1) by striking ``the amount appropriated to the District of Columbia'' and inserting the following: ``the amount of local funds under the budget of the District of Columbia''; and (2) in paragraph (5), by striking ``the Mayor notifies'' and inserting the following: ``the Mayor notifies the Committee on Oversight and Government Reform of the House of Representatives, the Committee on Homeland Security and Governmental Affairs of the Senate, and''. (c) Authority To Increase Spending in Case of Increased Revenue Collections.-- (1) Authority to increase spending.--Section 817(a) of such Act (sec. 47-369.02(a), D.C. Official Code) is amended-- (A) in the matter preceding paragraph (1), by striking ``the amount appropriated as District of Columbia funds'' and inserting the following: ``the amount of local funds under the budget for the District of Columbia''; (B) in paragraph (1), by striking ``in the annual Proposed Budget and Financial Plan submitted to Congress by the District of Columbia'' and inserting the following: ``in such budget (or, in the case of a fiscal year which is a control year, as defined in section 305(4) of the District of Columbia Financial Responsibility and Management Assistance Act of 1995, in the annual Proposed Budget and Financial Plan submitted to Congress by the District of Columbia)''; and (C) in paragraph (2), by striking ``in such Proposed Budget and Financial Plan'' and inserting ``in such budget (or such Proposed Budget and Financial Plan)''. (2) Reports to congress.--Section 817(b)(4) of such Act (sec. 47-369.02(b)(4), D.C. Official Code) is amended by striking ``the Mayor has notified'' and inserting the following: ``the Mayor has notified the Committee on Oversight and Government Reform of the House of Representatives, the Committee on Homeland Security and Governmental Affairs of the Senate, and''. SEC. 9. EFFECTIVE DATE. The amendments made by this Act shall apply with respect to fiscal year 2015 (as described in section 441(a) of the District of Columbia Home Rule Act, as amended by section 2) and each succeeding fiscal year.

District of Columbia Budget Accountability Act of 2014 - Amends the District of Columbia Home Rule Act to: (1) repeal the current fiscal years for the Armory Board and the District of Columbia Public Schools, and (2) authorize a change of D.C. fiscal year by an act of the D.C. Council. Repeals the requirement that the D.C. Council submit to the President for transmission to Congress the annual budget for the D.C. Government, except during a control year as defined by the District of Columbia Financial Responsibility and Management Assistance Act of 1995. Repeals the requirement that the D.C. Council Chairman transmit to the President any item or provision of an adopted budget which the Council has reenacted after a line-item veto by the Mayor. Repeals the requirement that hiring, assignment, and transfer by the Mayor of full-time or part-time employees be authorized by Act of Congress, except in a control year. Requires hiring, assignment, and transfer of employees to be authorized by Acts of the D.C. Council. Revises requirements for the effective dates of acts of the D.C. Council which take effect immediately because of emergency circumstances or which propose amendments to the District Charter. Revises the D.C. Council authority to increase spending in the case of a General Fund surplus or of increased revenue collections to replace congressional appropriations as the source of funds for such increases with local funds under the D.C. budget.

District of Columbia Budget Accountability Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``One Dollar Coin and Community Development Act of 1994''. SEC. 2. ONE DOLLAR COINS. (a) Color and Content.--Section 5112(b) of title 31, United States Code, is amended-- (1) in the 1st sentence, by striking ``dollar,''; and (2) by inserting after the 4th sentence, the following new sentence: ``The dollar coin shall be golden in color, have an unreeded edge, have tactile and visual features that make the denomination of the coin readily discernible, be minted and fabricated in the United States, and have such metallic, anticounterfeiting properties as United States clad coinage in circulation on the date of the enactment of the One Dollar Coin and Community Development Act of 1994.''. (b) Design of Dollar Coin.--Section 5112(d)(1) of title 31, United States Code, is amended by striking the 5th and 6th sentences and inserting the following new sentence: ``The Secretary of the Treasury shall select an appropriate design for the obverse side of the dollar.''. (c) Effective Date.--Not later than 18 months after the date of enactment of this Act, the Secretary of the Treasury shall place into circulation 1 dollar coins authorized under subsection (a)(1) of section 5112 of title 31, United States Code, which comply with the design requirements of subsections (b) and (d)(1) of such section, as amended by subsections (a) and (b) of this section. The Secretary may include such coins in any numismatic set produced by the United States Mint before the date the coins are placed in circulation. SEC. 3. CEASING ISSUANCE OF ONE DOLLAR NOTES. (a) In General.--After the date that coins described in section 2(c) are first placed in circulation, no Federal reserve bank may order or place into circulation any $1 Federal reserve note. (b) Redemption of $1 Notes.-- (1) In general.--Section 5119(b)(1) of title 31, United States Code, is amended by adding at the end the following new subparagraph: ``(F) Federal reserve notes in the denomination of $1.''. (2) Effective date.-- (A) In general.--The amendment made by paragraph (1) shall take effect on the date on which coins minted pursuant to the amendments made by section 2 are first placed in circulation. (B) Notice of effective date.--The Secretary of the Treasury shall publish a notice in the Federal Register of the date on which the amendment made by paragraph (1) takes effect in accordance with subparagraph (A) of this paragraph. (c) Exception.--The Secretary of the Treasury shall produce only such Federal reserve notes of 1 dollar denomination as are required from time to time to meet the needs of collectors of this series. Such notes shall be produced in sheets and sold by the Secretary, in whole, or in part, at a price that exceeds the face value of the currency by an amount that, at a minimum, reimburses the Secretary for the cost of production. SEC. 4. RESERVE FUND FOR CIRCULATING COINAGE. (a) Establishment.--Section 5111(b) of title 31, United States Code, is amended to read as follows: ``(b) Coinage Funds.-- ``(1) Coinage metal fund.--The Secretary of the Treasury-- ``(A) shall maintain a coinage metal fund in the Department of the Treasury; and ``(B) may use the fund to buy metal to mint coins. ``(2) Circulating coinage reserve fund.-- ``(A) Establishment.--The Secretary of the Treasury shall maintain a circulating coinage reserve fund in the Department of the Treasury. ``(B) Credits and debits.--The Secretary shall-- ``(i) credit the coinage reserve fund with the amount by which the nominal value of the coins minted and placed into circulation under this subchapter (other than numismatic items) exceeds the cost of the metal; and ``(ii) charge the account with-- ``(I) the waste incurred in minting the coins referred to in clause (i); and ``(II) the cost of distributing the coins, including the cost of coin bags and pallets. ``(C) Availability of funds for community development.-- ``(i) In general.--Effective for any fiscal year only to the extent and in such amounts as are provided in advance in appropriation Acts, the Secretary may lend excess amounts in the circulating coinage reserve fund to the Community Development Institutions Fund for the provision of financial assistance by such Fund through deposits, credit union shares, and loans in accordance with section 108 of the Community Development Banking and Financial Institutions Act of 1994. ``(ii) Terms and conditions.--Any loan by the Secretary to the Community Development Institutions Fund in accordance with clause (i) shall bear such rate of interest and be subject to such other terms and conditions as the Secretary determines to be appropriate. ``(D) Investment of balance in account.--Subject to subparagraph (C), the Secretary of the Treasury shall invest excess amounts in the circulating coinage reserve fund in-- ``(i) instruments issued by the Secretary under chapter 31; and ``(ii) other instruments to the extent, and in such amounts, as may be authorized by law. ``(E) Payment to general fund.--Interest, dividends, and other earnings on investments of the circulating coinage reserve fund, including interest on loans to the Community Development Financial Institutions Fund, shall be paid into the general fund of the Treasury to assist in reducing the deficit.''. (b) Termination of Coinage Profit Fund.--The coinage profit fund is hereby abolished and any balance in the account as of such termination shall be transferred by the Secretary to the circulating coinage reserve fund established pursuant to the amendment made by subsection (a) as soon as practicable after the date of the enactment of this Act.

One Dollar Coin and Community Development Act of 1994 - Amends Federal monetary law to prescribe specifications for and design of dollar coins, including a golden color. Proscribes any issuance of one dollar notes after the date that dollar coins are first placed in circulation. Prescribes guidelines for the redemption of one dollar notes. Directs the Secretary of the Treasury to establish: (1) a coinage metal fund; and (2) a circulating coinage reserve fund. Authorizes the Secretary to lend excess amounts in the circulating coinage reserve fund to the Community Development Institutions Fund to enable it to provide financial assistance. Mandates that earnings on investments of the circulating coinage reserve fund be paid into the general fund of the Treasury. Abolishes the coinage profit fund. Transfers the balance of its account to the circulating coinage reserve fund.

One Dollar Coin and Community Development Act of 1994

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fair Trade with China Act of 2005''. SEC. 2. FINDINGS. The Congress finds as follows: (1) The growth of the economy of the People's Republic of China is one of the most important developments of the 21st century. (2) The bilateral trade relationship between the United States and China is heavily imbalanced and is undermining the long-term economic health of the United States. (3) The United States trade deficit with China has doubled since 2000, reaching $162,000,000,000 in 2004, the largest bilateral trade deficit in the world. (4) As a consequence of the trade deficit, the United States has had to borrow massive amounts of money from foreign governments. (5) The United States has accumulated more debt to foreign countries since 2000 than in the first 220 years of the country's history. (6) China has become a major purchaser of United States Treasury bonds, and United States indebtedness to the Government of China has grown by more than $100,000,000,000 since 2000. (7) The large amounts of United States dollars accumulated by the Government of China contribute to China's acquisitions of United States companies, such as the proposed acquisition of Unocal Corporation by the China National Offshore Oil Corporation. (8) China continues to violate many of the commitments it made when it joined the World Trade Organization in 2001. (9) China's inadequate enforcement of intellectual property rights is resulting in infringement levels of 90 percent or more for nearly all forms of intellectual property, and cost American companies more than $2,500,000,000 in lost sales in 2004. (10) China's industrial policies discriminate against foreign firms and products. (11) The Government of China continues to heavily subsidize its manufacturing sector through tax incentives, preferential access to credit and capital, subsidized utilities, and other measures. (12) Since 1994, China has kept its currency pegged at approximately 8.3 renminbi to the United States dollar, which has caused the renminbi to become undervalued against the dollar by as much as 40 percent, harming exports of United States goods and services to China and providing an unfair advantage to Chinese exports to the United States. (13) Current policies of the United States have failed to advance and protect the interests of American workers, farmers, and businesses in the United States-China trade relationship, failed to address effectively China's unfair trade practices and market access barriers to goods and services and its poor record at protecting intellectual property rights, and failed to stem or reverse the unsustainable United States trade deficit with China. (14) It is critical that the United States develop and implement a comprehensive and coherent set of policies to address China's unfair trading practices and failure to abide by its commitments as a member of the World Trade Organization. SEC. 3. APPLICATION OF COUNTERVAILING DUTIES TO NONMARKET ECONOMY COUNTRIES. (a) In General.--Section 701(a)(1) of the Tariff Act of 1930 (19 U.S.C. 1671(a)(1)) is amended by inserting ``(including a nonmarket economy country)'' after ``country'' each place it appears. (b) Effective Date.--The amendments made by subsection (a) apply to petitions filed under section 702 of the Tariff Act of 1930 on or after the date of the enactment of this Act. (c) Antidumping Provisions not Affected.--The amendments made by subsection (a) shall not affect the status of a country as a nonmarket economy country for purposes of any matter relating to antidumping duties under the Tariff Act of 1930. SEC. 4. TREATMENT OF CURRENCY MANIPULATION. (a) Definition of Unjustifiable Acts, Policies, and Practices.-- Section 301(d)(4)(B) of the Trade Act of 1974 (19 U.S.C. 2411(d)(4)(B)) is amended to read as follows: ``(B)(i) Acts, policies, and practices that are unjustifiable include, but are not limited to, any act, policy, or practice described in subparagraph (A) which involves currency manipulation, or denies national or most-favored nation treatment or the right of establishment or protection of intellectual property rights. ``(ii) In this subparagraph, the term `currency manipulation' means the protracted large-scale intervention by an authority to undervalue its currency in the exchange market that prevents effective balance of payments adjustment or gains an unfair competitive advantage over the United States.''. (b) Investigation Into Currency Manipulation by the People's Republic of China.-- (1) Investigation, determinations, actions.--The United States Trade Representative shall-- (A) conduct an investigation, under sections 302 and 303 of the Trade Act of 1974, of the currency practices of the People's Republic of China; (B) make the applicable determinations under section 304 of that Act pursuant to that investigation; and (C) implement any action, under section 305 of that Act, in accordance with such determinations. (2) Initiation of investigation.--The United States Trade Representative shall initiate the investigation required by paragraph (1) not later than 90 days after the date of the enactment of this Act. SEC. 5. CLARIFICATION OF STANDARD FOR PRESIDENTIAL ACTION ON ITC FINDING OF MARKET DISRUPTION. (a) Amendments to Standard for Trade Representative's Recommendation to the President.--Section 421(h)(2) of the Trade Act of 1974 (19 U.S.C. 2451(h)(2)) is amended-- (1) by striking ``(2) Within'' and inserting ``(2)(A) Within''; and (2) by adding at the end the following: ``(B) In making a recommendation to the President under subparagraph (A), the Trade Representative shall consider the facts found, or conclusions drawn, by the Commission as they are reported to the Trade Representative, and the Trade Representative may not conduct an additional review or reconsideration of the facts found or conclusions reached by the Commission. ``(C) If the Commission in its report makes an affirmative finding of market disruption, the Trade Representative shall apply a presumption in favor of relief to prevent or remedy the market disruption. ``(D) The following factors may not be used as the basis of a recommendation by the Trade Representative to recommend denying relief under this section: ``(i) The presence or absence (whether actual or potential) of third-country imports of the product under investigation. ``(ii) Any results of the econometric model known as the Commercial Policy Analysis System (COMPAS) or equivalent model.''. (b) Amendments to Standard for Presidential Action.--Section 421(k) of the Trade Act of 1974 (19 U.S.C. 2451(k)) is amended by adding at the end the following: ``(3) The President's determination shall be based on the facts found, or conclusions drawn, by the Commission as they are reported to the Trade Representative under subsection (g). ``(4) If the Commission in its report makes an affirmative finding of market disruption, the President shall apply a presumption in favor of relief to prevent or remedy the market disruption. ``(5) Any determination by the President under paragraph (1) that providing import relief is not in the national economic interest of the United States may not be based on the following factors: ``(A) The presence or absence (whether actual or potential) of third-country imports of the product under investigation. ``(B) Any results of the econometric model known as the Commercial Policy Analysis System (COMPAS) or equivalent model.''. SEC. 6. IDENTIFICATION OF TRADE EXPANSION PRIORITIES. (a) Identification of Trade Expansion Priorities.--Section 310 of the Trade Act of 1974 is amended to read as follows: ``SEC. 310. IDENTIFICATION OF TRADE EXPANSION PRIORITIES. ``(a) Identification.-- ``(1) Identification and report.--Within 30 days after the submission in each calendar year of the report required by section 181(b), the Trade Representative shall-- ``(A) review United States trade expansion priorities; ``(B) identify priority foreign country practices, the elimination of which is likely to have the most significant potential to increase United States exports, either directly or through the establishment of a beneficial precedent; and ``(C) submit to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives and publish in the Federal Register a report on the priority foreign country practices so identified. ``(2) Factors.--In identifying priority foreign country practices under paragraph (1), the Trade Representative shall take into account all relevant factors, including-- ``(A) the major barriers and trade distorting practices described in the National Trade Estimate Report required under section 181(b); ``(B) the trade agreements to which a foreign country is a party and its compliance with those agreements; ``(C) the medium- and long-term implications of foreign government procurement plans; and ``(D) the international competitive position and export potential of United States products and services. ``(3) Contents of report.--The Trade Representative may include in the report, if appropriate-- ``(A) a description of foreign country practices that may in the future warrant identification as priority foreign country practices; and ``(B) a statement about other foreign country practices that were not identified because they are already being addressed by provisions of United States trade law, by existing bilateral trade agreements, or as part of trade negotiations with other countries, and because progress is being made toward the elimination of such practices. ``(b) Initiation of Consultations.--By no later than the date that is 21 days after the date on which a report is submitted to the appropriate congressional committees under subsection (a)(1), the Trade Representative shall seek consultations with each foreign country identified in the report as engaging in priority foreign country practices for the purpose of reaching a satisfactory resolution of such priority practices. ``(c) Initiation of Investigation.--If a satisfactory resolution of priority foreign country practices has not been reached under subsection (b) within 90 days after the date on which a report is submitted to the appropriate congressional committees under subsection (a)(1), the Trade Representative shall initiate under section 302(b)(1) an investigation under this chapter with respect to such priority foreign country practices. ``(d) Agreements for the Elimination of Barriers.--In the consultations with a foreign country that the Trade Representative is required to request under section 303(a) with respect to an investigation initiated by reason of subsection (c), the Trade Representative shall seek to negotiate an agreement that provides for the elimination of the practices that are the subject of the investigation as quickly as possible or, if elimination of the practices is not feasible, an agreement that provides for compensatory trade benefits. ``(e) Reports.--The Trade Representative shall include in the semiannual report required by section 309 a report on the status of any investigations initiated pursuant to subsection (c) and, where appropriate, the extent to which such investigations have led to increased opportunities for the export of products and services of the United States.''. (b) Initial Report on Chinese Practices.--Not later than 90 days after the date of the enactment of this Act, the United States Trade Representative shall identify, and report to the Congress on, priority foreign trade practices of the People's Republic of China, in accordance with section 310 of the Trade Act of 1974, as amended by subsection (a) of this section. (c) Conforming Amendment.--The item relating to section 310 in the table of contents of the Trade Act of 1974 is amended to read as follows: ``Sec. 310. Identification of trade expansion priorities.''. SEC. 7. REQUIREMENT OF CASH DEPOSITS. Section 751(a)(1)(B) of the Tariff Act of 1930 (19 U.S.C. 1675(a)(2)(B)) is amended-- (1) by striking clause (iii); and (2) by redesignating clause (iv) as clause (iii). SEC. 8. ITC INVESTIGATION. (a) Investigation.--The United States International Trade Commission shall conduct a study, under section 332 of the Tariff Act of 1930 (19 U.S.C. 1332), regarding how the People's Republic of China uses government intervention to promote investment, employment, and exports. The study shall comprehensively catalog, and when possible quantify, the practices and policies that central, provincial, and local government bodies in the People's Republic of China use to support and to attempt to influence decisionmaking in China's manufacturing enterprises and industries. Chapters of this study shall include, but not be limited to, the following: (1) Privatization and private ownership. (2) Price coordination. (3) Targeting of industries. (4) Banking and finance. (5) Utility rates. (6) Infrastructure development. (7) Taxation. (8) Restraints on imports and exports. (9) Research and development. (10) Worker training and retraining. (11) Rationalization and closure of uneconomic enterprises. (b) Timing of Reports on Investigation.--The Congress requests that-- (1) not later than 9 months after the date of the enactment of this Act, the International Trade Commission complete its investigation under subsection (a) and submit a report on the investigation to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate; and (2) not later than 1 year after the report under paragraph (1) is submitted, and annually thereafter through 2016, the International Trade Commission prepare and submit to the committees referred to in paragraph (1) an update of the report. SEC. 9. AMENDMENTS RELATING TO INTERNATIONAL FINANCIAL POLICY. (a) Bilateral Negotiations.--Section 3004(b) of the Exchange Rates and International Economic Policy Coordination Act of 1988 (22 U.S.C. 5304(b)) is amended in the second sentence by striking ``(1) have material global account surpluses; and (2)''. (b) Definition of Manipulation.--Section 3006 of the Exchange Rates and International Economic Policy Coordination Act of 1988 (22 U.S.C. 5306) is amended by adding at the end the following: ``(3) Manipulation of rate of exchange.--A country shall be considered to be manipulating the rate of exchange between its currency and the United States dollar if there is a protracted large-scale intervention by an authority to undervalue its currency in the exchange market that prevents effective balance of payments adjustment or gains an unfair competitive advantage over the United States.''. (c) Report.--Section 3005(b) of the Exchange Rates and International Economic Policy Coordination Act of 1988 (22 U.S.C. 5305(b)) is amended-- (1) by striking ``and'' at the end of paragraph (7); (2) by striking the period at the end of paragraph (8) and inserting ``; and''; and (3) by adding at the end the following: ``(9) a detailed explanation of the test the Secretary uses to determine whether or not a country is manipulating the rate of exchange between that country's currency and the dollar for purposes of preventing effective balance of payments adjustment or gaining an unfair competitive advantage over the United States.''.

Fair Trade with China Act of 2005 - Amends the Tariff Act of 1930 to apply its countervailing duty requirements to nonmarket economy countries. Amends the Trade Act of 1974, with respect to enforcement of U.S. rights under trade agreements and response to certain foreign trade practices, to include unjustifiable acts, policies, or practices which involve currency manipulation. Requires the U.S. Trade Representative (USTR) to investigate the currency practices of the People's Republic of China (PRC), make applicable determinations, and implement any appropriate action. Requires the USTR to: (1) first initiate consultations with each foreign country identified as engaging in priority foreign country practices to reach a satisfactory resolution of such practices; and (2) then investigate the practices in question if a satisfactory resolution has not been reached within a specified period. Requires the USTR to identify and report to Congress on such PRC priority foreign trade practices. Amends the Tariff Act of 1930 to repeal the requirement that the administering authority direct the Customs Service to allow an importer to opt to post a bond or security, until completion of the review, in lieu of a cash deposit for each entry of the subject merchandise (bonding privileges). (Thus, requires cash deposits for such entries). Requires) the U.S. International Trade Commission to study and report to Congress on how the PRC uses government intervention to promote investment, employment, and exports. Amends the Exchange Rates and International Economic Policy Coordination Act of 1988 with respect to bilateral negotiations with countries considered to manipulate the rate of exchange between their currency and the U.S. dollar for purposes of preventing effective balance of payments adjustments or gaining unfair competitive advantage in international trade. Reduces the preconditions for the initiation of negotiations by the Secretary of the Treasury to possession of significant bilateral trade surpluses with the United States (removing the other current condition of possession of material global current account surpluses). Declares that a country shall be considered to be manipulating the rate of exchange between its currency and the U.S. dollar if there is a protracted large-scale intervention by an authority to undervalue its currency in the exchange market that prevents effective balance of payments adjustment or gains an unfair competitive advantage over the United States.

To amend the Tariff Act of 1930 and the Trade Act of 1974 to provide relief from certain practices by other countries, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``United States-Flag Merchant Marine Revitalization Act of 1999''. SEC. 2. AMENDMENTS OF MERCHANT MARINE ACT, 1936. (a) Changes in Vessels to Which Capital Construction Funds Apply.-- (1) The second sentence of subsection (a) of section 607 of the Merchant Marine Act, 1936 is amended by striking ``for operation in the United States foreign, Great Lakes, or noncontiguous domestic trade or in the fisheries of the United States'' and inserting ``for operation in the fisheries of the United States, or in the United States foreign, Great Lakes, noncontiguous domestic trade, or other oceangoing domestic trade between two coastal points in the United States or in support of operations conducted on the Outer Continental Shelf''. (2) Paragraph (1) of section 607(k) of such Act (defining eligible vessel) is amended to read as follows: ``(1) The term `eligible vessel' means any vessel-- ``(A) documented under the laws of the United States, and ``(B) operated in the foreign or domestic commerce of the United States or in the fisheries of the United States.''. (3) Paragraph (2)(C) of section 607(k) of such Act is amended to read as follows: ``(C) which the person maintaining the fund agrees with the Secretary of Commerce will be operated in the fisheries of the United States, or in the United States foreign, Great Lakes, noncontiguous domestic trade, or other oceangoing domestic trade between two coastal points in the United States or in support of operations conducted on the Outer Continental Shelf.''. (4) Section 607(k) of such Act is amended by striking paragraph (8) and redesignating paragraph (9) as paragraph (8). (5) The last sentence of paragraph (1) of section 607(f) of such Act is amended by striking ``and containers'' each place it appears. (6) Paragraph (7) of section 607(k) of such Act is amended by inserting ``containers or trailers intended for use as part of the complement of one or more eligible vessels and'' before ``cargo handling''. (7) Subsection (k) of section 607 of such Act (as amended by paragraph (4)) is amended by adding at the end the following new paragraph: ``(9) The terms `foreign commerce' and `foreign trade' have the meanings given such terms in section 905, except that these terms shall include commerce or trade between foreign ports.''. (b) Treatment of Certain Lease Payments.-- (1) Paragraph (1) of section 607(f) of such Act is amended by striking ``or'' at the end of subparagraph (B), by striking the period at the end of subparagraph (C) and inserting ``, or'' and by inserting after subparagraph (C) the following new subparagraph: ``(D) the payment of amounts which reduce the principal amount (as determined under regulations promulgated by the Secretary) of a qualified lease of a qualified vessel or container which is part of the complement of an eligible vessel.''. (2) Paragraph (4) of section 607(g) of such Act is amended by inserting ``or to reduce the principal amount of any qualified lease'' after ``indebtedness''. (3) Subsection (k) of section 607 of such Act is amended by adding after paragraph (10) the following new paragraph: ``(11) The term `qualified lease' means any lease with a term of at least 5 years.''. (c) Authority To Make Deposits Under the Tariff Act of 1930.-- (1) Paragraph (1) of section 607(b) of such Act is amended by striking ``and'' at the end of subparagraph (C), by striking the period at the end of subparagraph (D) and inserting ``, and'', and by adding at the end the following new subparagraph: ``(E) the amount elected for deposit under subsection (i) of section 466 of the Tariff Act of 1930 (19 U.S.C 1466).''. (2) Subparagraph (A) of section 607(e)(2) of such Act is amended to read as follows: ``(A) amounts referred to in subsections (b)(1)(B) and (E),''. (d) Authority To Make Deposits for Prior Years Based on Audit Adjustments.--Subsection (b) of section 607 of such Act is amended by adding at the end thereof the following new paragraph: ``(4) To the extent permitted by joint regulations, deposits may be made in excess of the limitation described in paragraph (1) (and any limitation specified in the agreement) for the taxable year if, by reason of a change in taxable income for a prior taxable year that has become final pursuant to a closing agreement or other similar agreement entered into during the taxable year, the amount of the deposit could have been made for such prior taxable year.''. (e) Treatment of Capital Gains and Losses.-- (1) Paragraph (3) of section 607(e) of such Act is amended to read as follows: ``(3) The capital gain account shall consist of-- ``(A) amounts representing long-term capital gains (as defined in section 1222 of such Code) on assets held in the fund, reduced by ``(B) amounts representing long-term capital losses (as defined in such section) on assets held in the fund.''. (2) Subparagraph (B) of section 607(e)(4) of such Act is amended to read as follows: ``(B)(i) amounts representing short-term capital gains (as defined in section 1222 of such Code) on assets held in the fund, reduced by ``(ii) amounts representing short-term capital losses (as defined in such section) on assets held in the fund,''. (3) Subparagraph (B) of section 607(h)(3) of such Act is amended by striking ``gain'' and all that follows and inserting ``long-term capital gain (as defined in section 1222 of such Code), and''. (4) The last sentence of subparagraph (A) of section 607(h)(6) of such Act is amended by striking ``20 percent (34 percent in the case of a corporation)'' and inserting ``the rate applicable to net capital gain under section 1(h)(1)(C) or 1201(a) of such Code, as the case may be''. (f) Computation of Interest With Respect to Nonqualified Withdrawal.-- (1) Subparagraph (C) of section 607(h)(3) of such Act is amended-- (A) by striking clause (i) and inserting the following new clause: ``(i) no addition to the tax shall be payable under section 6651 of such Code, and'', and (B) by striking ``paid at the applicable rate (as defined in paragraph (4))'' in clause (ii) and inserting ``paid in accordance with section 6601 of such Code''. (2) Subsection (h) of section 607 of such Act is amended by striking paragraph (4) and by redesignating paragraphs (5) and (6) as paragraphs (4) and (5), respectively. (3) Subparagraph (A) of section 607(h)(5) of such Act, as redesignated by paragraph (2), is amended by striking ``paragraph (5)'' and inserting ``paragraph (4)''. (g) Other Changes.-- (1) Section 607 of such Act is amended by striking ``the Internal Revenue Code of 1954'' each place it appears and inserting ``the Internal Revenue Code of 1986''. (2) Subsection (c) of section 607 of such Act is amended by striking ``interest-bearing securities approved by the Secretary'' and inserting ``interest-bearing securities and other income-producing assets (including accounts receivable) approved by the Secretary''. SEC. 3. AMENDMENTS OF INTERNAL REVENUE CODE OF 1986. (a) Treatment of Certain Lease Payments.-- (1) Paragraph (1) of section 7518(e) of the Internal Revenue Code of 1986 is amended by striking ``or'' at the end of subparagraph (B), by striking the period at the end of subparagraph (C) and inserting ``, or'', and by inserting after subparagraph (C) the following new subparagraph: ``(D) the payments of amounts which reduce the principal amount (as determined under regulations) of a qualified lease of a qualified vessel or container which is part of the complement of an eligible vessel.''. (2) Paragraph (4) of section 7518(f) of such Code is amended by inserting ``or to reduce the principal amount of any qualified lease'' after ``indebtedness''. (b) Authority To Make Deposits Under the Tariff Act of 1930.-- (1) Paragraph (1) of section 7518(a) of such Code is amended by striking ``and'' at the end of subparagraph (C), by striking the period at the end of subparagraph (D) and inserting ``, and'', and by adding at the end the following new subparagraph: ``(E) the amount elected for deposit under subsection (i) of section 466 of the Tariff Act of 1930 (19 U.S.C 1466).''. (2) Subparagraph (A) of section 7518(d)(2) of such Code is amended to read as follows: ``(A) amounts referred to in subsections (a)(1)(B) and (E).''. (c) Authority To Make Deposits for Prior Years Based on Audit Adjustments.--Subsection (a) of section 7518 of such Code is amended by adding at the end thereof the following new paragraph: ``(4) To the extent permitted by joint regulations, deposits may be made in excess of the limitation described in paragraph (1) (and any limitation specified in the agreement) for the taxable year if, by reason of a change in taxable income for a prior taxable year that has become final pursuant to a closing agreement or other similar agreement entered into during the taxable year, the amount of the deposit could have been made for such prior taxable year.''. (d) Treatment of Capital Gains and Losses.-- (1) Paragraph (3) of section 7518(d) of such Code is amended to read as follows: ``(3) Capital gain account.--The capital gain account shall consist of-- ``(A) amounts representing long-term capital gains (as defined in section 1222) on assets held in the fund, reduced by ``(B) amounts representing long-term capital losses (as defined in such section) on assets held in the fund. (2) Subparagraph (B) of section 7518(d)(4) of such Code is amended to read as follows: ``(B)(i) amounts representing short-term capital gains (as defined in section 1222) on assets held in the fund, reduced by ``(ii) amounts representing short-term capital losses (as defined in such section) on assets held in the fund,''. (3) Subparagraph (B) of section 7518(g)(3) of such Code is amended by striking ``gain'' and all that follows and inserting ``long-term capital gain (as defined in section 1222), and''. (4) The last sentence of subparagraph (A) of section 7518(g)(6) of such Code is amended by striking ``20 percent (34 percent in the case of a corporation)'' and inserting ``the rate applicable to net capital gain under such section 1(h)(1)(C) or 1201(a), as the case may be''. (e) Computation of Interest With Respect to Nonqualified Withdrawals.-- (1) Subparagraph (C) of section 7518(g)(3) of such Code is amended-- (A) by striking clause (i) and inserting the following new clause: ``(i) no addition to the tax shall be payable under section 6651, and'', and (B) by striking ``paid at the applicable rate (as defined in paragraph (4))'' in clause (ii) and inserting ``paid in accordance with section 6601''. (2) Subsection (g) of section 7518 of such Code is amended by striking paragraph (4) and by redesignating paragraphs (5) and (6) as paragraphs (4) and (5), respectively. (3) Subparagraph (A) of section 7518(g)(5) of such Code, as redesignated by paragraph (2), is amended by striking ``paragraph (5)'' and inserting ``paragraph (4)''. (f) Other Changes.-- (1) Paragraph (2) of section 7518(b) of such Code is amended by striking ``interest-bearing securities approved by the Secretary'' and inserting ``interest-bearing securities and other income-producing assets (including accounts receivable) approved by the Secretary''. (2) Paragraph (1) of section 7518(e) of such Code is amended by striking ``and containers'' each place it appears. (3) Subsection (i) of section 7518 of such Code is amended by striking ``this section'' and inserting ``the United States- Flag Merchant Marine Revitalization Act of 1999''. (4) Subparagraph (B) of section 543(a)(1) of such Code is amended to read as follows: ``(B) interest on amounts set aside in a capital construction fund under section 607 of the Merchant Marine Act, 1936 (46 App. U.S.C. 1177), or in a construction reserve fund under section 511 of such Act (46 App. U.S.C. 1161),''. (5) Subsection (c) of section 56 of such Code is amended by striking paragraph (2) and by redesignating paragraph (3) as paragraph (2). SEC. 4. AMENDMENT TO THE TARIFF ACT OF 1930. Section 466 of the Tariff Act of 1930 (19 U.S.C. 1466) is amended by adding at the end the following new subsection: ``(i) Election To Deposit Duty Into a Capital Construction Fund in Lieu of Payment to the Secretary of the Treasury.--At the election of the owner or master of any vessel referred to in subsection (a) of this section which is an eligible vessel (as defined in section 607(k) of the Merchant Marine Act, 1936), the portion of any duty imposed by subsection (a) which is deposited in a fund established under section 607 of such Act shall be treated as paid to the Secretary of the Treasury in satisfaction of the liability for such duty.''. SEC. 5. EFFECTIVE DATE. (a) In General.--Except as otherwise provided in this section, the amendments made by this Act shall apply to taxable years beginning after the date of the enactment of this Act. (b) Changes in Computation of Interest.--The amendments made by sections 2(f) and 3(e) shall apply to withdrawals made after December 31, 1998, including for purposes of computing interest on such a withdrawal for periods on or before such date. (c) Qualified Leases.--The amendments made by sections 2(b) and 3(a) shall apply to leases in effect on, or entered into after, December 31, 1998. (d) Amendment to the Tariff Act of 1930.--The amendment made by section 4 shall apply with respect to entries not yet liquidated by December 31, 1998, and to entries made on or after such date.

United States-Flag Merchant Marine Revitalization Act of 1999 - Amends the Merchant Marine Act, 1936 to add to the list of vessels for which a capital construction fund may be established vessels that are for operation in oceangoing domestic trade between two coastal points in the United States or in support of operations conducted on the Outer Continental Shelf. Redefines "eligible vessel" to eliminate references to being constructed or reconstructed in the United States. Revises the definition of "qualified vessel" to: (1) add references to such trade and operations; and (2) mandate an agreement with the Secretary of Commerce. (Current law mandates an agreement with the Secretary of Commerce regarding fisheries vessels and with the Secretary of Transportation regarding all other vessels.) Removes the definition of "noncontiguous trade." Removes references to containers from provisions requiring that, in order for a withdrawal for a barge or container to be a qualified withdrawal (and except to the extent provided in regulations), the barge or container must have been constructed in the United States. Adds containers and trailers that are part of an eligible vessel's complement to the definition of "vessel." Defines "foreign commerce" and "foreign trade." Adds as qualified withdrawals from such funds payments that reduce the principal amount of a qualified lease of a qualified vessel or container that is part of an eligible vessel's complement. Adds references to payments to reduce the principal amount of any qualified lease to provisions regulating the tax treatment of qualified withdrawals. Defines "qualified lease" as any lease with a term of at least five years. Adds the amount elected for deposit under specified provisions of the Tariff Act of 1930 to the list of amounts, the sum of which is the limit on deposits to a fund in any taxable year. Includes that amount in the capital account. Allows deposits in excess of the limit if a change in taxable income for a prior taxable year is such that a deposit could have been made for that prior year. Modifies: (1) the contents of the capital gain and ordinary income accounts; (2) the tax treatment of nonqualified withdrawals from the capital gain account; (3) requirements regarding the tax rate on nonqualified withdrawals; and (4) requirements regarding unqualified withdrawal interest payable under specified provisions of the Internal Revenue Code. Allows amounts in such funds to be invested in income-producing assets (including accounts receivable) approved by the Secretaries of Commerce (for fishing vessels) or Transportation (for all other vessels). Amends the Internal Revenue Code to deem withdrawals qualified if they are for payments that reduce the principal of a qualified lease of a qualified vessel or container that is part of an eligible vessel's complement. Allows, if a qualified withdrawal is made from the ordinary income or capital gain accounts and used to reduce such principal, a reduction in the basis of vessels, barges, and containers owned by the person maintaining the fund. Adds the amount elected for deposit under specified provisions of the Tariff Act of 1930 to the list of amounts, the sum of which is the limit on deposits to a fund in any taxable year. Modifies the contents of the capital account. Allows deposits in excess of the limit if a change in taxable income for a prior taxable year is such that a deposit could have been made for that prior year. Modifies: (1) the contents of the capital gain and ordinary income accounts; (2) the tax treatment of nonqualified withdrawals from the capital gain account; (3) requirements regarding the tax rate on nonqualified withdrawals; and (4) requirements regarding unqualified withdrawal interest payable under specified provisions of the Code. Allows amounts in such funds to be invested in income-producing assets (including accounts receivable) approved by the Secretaries of Commerce (for fishing vessels) or Transportation (for all other vessels). Modifies requirements regarding qualified withdrawals and containers that are part of the complement of a qualified vessel. Links definitions in related provisions of the Merchant Marine Act, 1936 to definitions in related provisions of the Internal Revenue Code. Removes provisions relating to marine capital construction funds from provisions regarding the determination of the alternative minimum taxable income of a corporation. Amends the Tariff Act of 1930 to allow the owner or master of a vessel, documented under U.S. laws to engage in foreign or coasting trade, that has purchased equipment or repairs in a foreign country to deposit the ad valorem duty on the value of the equipment or repairs in a capital construction fund rather than paying them to the Secretary of the Treasury.

United States-Flag Merchant Marine Revitalization Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Inactive Reservists Foreclosure Prevention Act of 2007''. SEC. 2. MORTGAGE ASSISTANCE PROGRAM. (a) In General.--The Secretary of Housing and Urban Development shall carry out a program under this Act to provide mortgage assistance through the provision of grants and loans for direct mortgage payments on behalf of eligible households. (b) Eligible Mortgages.--Mortgage assistance under this Act may be provided only with respect to a mortgage that meets all of the following requirements: (1) Mortgagor requirements.--The mortgagor under the mortgage-- (A) is a member of an eligible household that resides in the property that is subject to the mortgage; and (B) has not, during the 24-month period ending upon the date that the mortgagor submits an application for assistance under this Act, been more than 60 days in arrears under any mortgage for residential property. (2) Dwelling requirements.--The property that is subject to the mortgage is-- (A) designed principally as a residential property; and (B) the primary place of residence of the mortgagor and the mortgagor's household. SEC. 3. ASSISTANCE PAYMENTS. (a) Monthly Direct Payment.--The Secretary shall design and implement the program under this Act in a manner that provides that any amounts paid by the Secretary for mortgage assistance with respect to an eligible mortgage are paid on a monthly basis directly to the mortgagee or other servicer of the mortgage. (b) Period of Assistance.-- (1) In general.--Payment under the program under this section with respect to an eligible mortgage may be made only for scheduled payments due under the terms of the mortgage (as in effect pursuant to any applicable provisions of law) during the period that a member of the eligible household who is an eligible member of the Armed Forces is serving on active duty for a period of more than 30 days in the Armed Forces. (2) Extended deployments.--The Secretary shall ensure that in determining the amount of assistance to be provided with respect to an eligible mortgage and the period for which such assistance will be provided, sufficient amounts for such assistance shall be reserved under the program under this Act to provide for unpredictability and extensions in the period of active duty of eligible members of the Armed Forces. (c) Determination of Amount of Assistance.--Subject to subsection (d), the Secretary shall determine the amount of assistance to be provided with respect to an eligible mortgage based upon criteria established by the Secretary, by regulation. (d) Limitations on Amount of Assistance.--The amount of assistance provided under the program under this Act with respect to any eligible mortgage may not exceed the following amounts: (1) Monthly amount.--With respect to the assistance payment for any single month, the amount due to be paid for such month under the terms of the mortgage (as in effect pursuant to any applicable provisions of law) for principal, interest, mortgage insurance for the mortgage, and any scheduled deposit in an escrow account for the purpose of ensuring payment of taxes, insurance, assessments, and other charges with respect to the property subject to the mortgage. (2) Aggregate amount.--An aggregate amount assistance over the entire period under subsection (b) that assistance is provided with respect to the mortgage, which shall be established by the Secretary taking into consideration the total amount made available for the program under this Act. (e) Prevention of Double Payments.--The Secretary shall take appropriate actions to ensure that, in the case of any payment on an eligible mortgage paid by a mortgagor for any period for which payment has already been made under the program under this Act, the mortgagor or other servicer of the mortgage shall return such payment within a reasonable period of time or shall immediately credit such payment toward amortization of the principal obligation under the mortgage, and promptly notify the mortgagor of such credit. SEC. 4. REPAYMENT OF ASSISTANCE. (a) Grant Assistance; No Repayment.-- (1) In general.--Any assistance provided under the program under this Act with respect to any eligible mortgage during any period during which the annual income of household of the mortgagor, as determined by the Secretary, does not exceed 200 percent of the poverty line applicable to a family of the size involved shall be in the form of a grant and, except as provided in paragraph (2), the Secretary may not require repayment of any such amounts. (2) Repayment in cases of foreclosure.--If the mortgagee for any eligible mortgage for which assistance payments are made pursuant to this subsection forecloses on the mortgage, takes legal action to enforce the mortgage obligation, or otherwise recovers possession of any security of the mortgage as a result of default on the obligation of the mortgage, the Secretary shall terminate payment of assistance under this Act with respect to the mortgage and shall treat any assistance previously provided with respect to the mortgage as assistance in the form of a loan pursuant to subsection (b). (b) Loan Assistance; Repayment Required.--Any assistance provided under the program under this Act with respect to any eligible mortgage during any period during which the annual income of household of the mortgagor, as determined by the Secretary, exceeds 200 percent of the poverty line applicable to a family of the size involved shall be in the form of a loan, as follows: (1) No interest.--Such loan shall not bear any interest. (2) 10-year term.--Such loan shall have a term to maturity of 10 years, which shall not commence until the period of assistance under section 3(b) with respect to mortgage has terminated. (3) Security.--Repayment of such loan shall be secured by a lien on the residential property that is subject to the eligible mortgage for which the assistance under this Act was provided under the loan, in the aggregate amount of such loan assistance provided. Such lien shall be held by the Secretary and shall be subordinate to other mortgages and other secured liens on the property in effect upon the date that assistance under the program under this Act is first provided for the mortgage, and to any Federal tax lien, but shall be superior to any other lien. (4) Agreement.--The terms of such loan shall be set forth in a written agreement, as the Secretary considers appropriate, between the Secretary and the mortgagor. SEC. 5. APPLICATION FOR ASSISTANCE. (a) In General.--To be eligible for mortgage assistance under this Act, a mortgagor for an eligible mortgage shall submit an application for such assistance in such form and manner as the Secretary shall require, which shall provide such information regarding the eligible mortgage as the Secretary shall require, including information sufficient for the Secretary to comply with subsection (b), and shall include a financial statement disclosing all income of each member of the household of the mortgagor regardless of source. An application for such assistance may be submitted before the eligible member of the Armed Forces who is a member of the eligible household begins active duty described in section 8(2). (b) Notification to Mortgagee and Servicer.--Upon submission of an application under subsection (a), the Secretary shall notify the mortgagee and servicer, if the mortgagee is not the servicer, of the eligible mortgage of the submission of the application for assistance under this Act. (c) Income Information.--The Secretary shall require that each such application include a certification by the mortgagor for the eligible mortgage of the anticipated income of the household of the mortgagor during the anticipated period of assistance under this Act, which, in the case of an application described in the last sentence of subsection (a), may be based on household income in the month before commencement of the active duty of the eligible member of the Armed Forces, less any such income attributable to such eligible member, plus the expected military pay of such eligible member. The Secretary may make a determination regarding compliance of the income of a mortgagor's household with the requirements under subsections (a)(1) and (b) of section 4 based upon such a certification, subject to such reviews as the Secretary shall, by regulation, provide. (d) Effect of Misrepresentation.--A mortgagor who is determined to have intentionally misrepresented any financial information in connection with the filing of an application for assistance under this Act may be denied assistance and required to immediately repay any amount of assistance already received, and the mortgagee may, at any time thereafter, take any legal action to enforce the mortgage, if appropriate. (e) Review and Determination.-- (1) In general.--The Secretary shall review each application submitted for assistance under this Act and make a determination regarding the eligibility for assistance of the mortgage specified in the application not later than 30 days after receipt of the application of the mortgagor, and shall notify the mortgagor and the mortgagee and servicer of approval or disapproval of such application not later than 30 days after making the determination regarding approval. (2) Failure to make determination.--If the Secretary fails to make a determination regarding eligibility for assistance of a mortgage during the 30-day period specified in paragraph (1) or fails to provide the notice regarding such determination as required under such paragraph, the mortgage shall be considered for purposes of this Act to have been approved as eligible for assistance upon the date that the application for the mortgage was submitted to the Secretary. SEC. 6. COORDINATION WITH OTHER AGENCIES AND ENTITIES. (a) Publicity.--The Secretary shall take such action as may be necessary to ensure that eligible households and eligible members of the Armed Forces are aware of and informed about the availability of and requirements for mortgage assistance under this Act, which may include consulting and coordinating appropriate activities with the Secretary of Defense, the Federal financial institutions regulatory agencies, financial institutions regulated by such regulatory agencies, other mortgage lenders, the Federal National Mortgage Association, the Federal Home Loan Mortgage Corporation, and mortgage counseling agencies. (b) Implementation.--The Secretary shall consider using States, State or local agencies (including housing and housing finance agencies), mortgage lenders and other financial institutions, and other entities to conduct some or all of the functions and responsibilities involved in carrying out the program for mortgage assistance under this Act and may enter into agreements with such entities to provide for such entities to carry out such functions and responsibilities as the Secretary considers appropriate to ensure that such assistance is provided in an effective and efficient manner. SEC. 7. SAVINGS CLAUSE. This Act may not be construed to alter, affect, or limit any provision of the Servicemembers Civil Relief Act (50 U.S.C. App. 501 et seq.). SEC. 8. DEFINITIONS. For the purposes of this Act, the following definitions apply: (1) Active duty.--The terms ``active duty'' and ``active duty for a period of more than 30 days'' have the meanings given such terms in section 101(d) of title 10, United States Code. (2) Eligible member of the armed forces.--The term ``eligible member of the Armed Forces'' means a member of the Armed Forces who, while a member of the Individual Ready Reserve or the inactive National Guard, is serving on active duty pursuant to a call or order to active duty for a period of more than 30 days. (3) Eligible mortgage.--The term ``eligible mortgage'' means any mortgage that meets the requirements of section 2(b) for assistance under this Act. (4) Eligible household.--The term ``eligible household'' means a household that-- (A) contains a member who is an eligible member of the Armed Forces; and (B) has been determined by the Secretary to be eligible for mortgage assistance under this Act. (5) Federal financial institutions regulatory agencies.-- The term ``Federal financial institutions regulatory agencies'' means the Office of the Comptroller of the Currency, the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, the Office of Thrift Supervision, and the National Credit Union Administration. (6) Household.--The term ``household'' means a mortgagor, the mortgagor's spouse, children residing in the same residence as the mortgagor, and any other person living in such residence that is declared by the mortgagor as a dependent for Federal income tax purposes. (7) Income.--The term ``income'' means, with respect to the household of an eligible mortgagor, the aggregate income from the all sources of each member of the household, as determined in accordance with criteria prescribed by the Secretary. (8) Mortgage; mortgagee; mortgagor.--The terms ``mortgage'', ``mortgagee'', and ``mortgagor'' have the meanings given such terms in section 201 of the National Housing Act (12 U.S.C. 1707). (9) Poverty line.--The term ``poverty line'' has the meaning given such term in section 673(2) of the Omnibus Budget Reconciliation Act of 1981, including any revision required by such section. (10) Secretary.--The term ``Secretary'' means the Secretary of Housing and Urban Development. (11) Servicer.--The term ``servicer'' has the meaning given such term in section 6(i) of the Real Estate Settlement Procedures Act of 1974 (12 U.S.C. 2605(i)). SEC. 9. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated for mortgage assistance under this Act such sums as may be necessary for each of fiscal years 2008, 2009, 2010, 2011, and 2012. SEC. 10. REGULATIONS. Not later than the expiration of the 180-day period beginning on the date of the enactment of this Act, the Secretary, in consultation with the Federal financial institutions regulatory agencies, shall issue such regulations as may be necessary to carry out this Act, which shall provide for the implementation of the mortgage assistance program under this Act upon the expiration of such period.

Inactive Reservists Foreclosure Prevention Act of 2007 - Instructs the Secretary of Housing and Urban Development (HUD) to implement a mortgage assistance program through grants and loans for direct mortgage payments for the primary residential property of designated eligible households. Requires such mortgage assistance to be paid monthly directly to the mortgage servicer during the period that a member of the eligible household is serving on active duty for a period of more than 30 days in the Armed Forces, including extensions in the period of such active duty. Sets forth requirements governing: (1) grant assistance, repayment, and repayment in cases of foreclosure; and (2) application procedures.

To establish a program for the Secretary of Housing and Urban Development to provide financial assistance to certain homeowners experiencing temporary difficulty making home mortgage payments resulting from their call or order to active duty while a member of the Individual Ready Reserve of the Armed Forces or the inactive National Guard.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Kate Mullany National Historic Site Designation Act''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) the Kate Mullany House in Troy, New York, is listed on the National Register of Historic Places and has been designated as a National Historic Landmark; (2) the National Historic Landmark Theme Study on American Labor History concluded that the Kate Mullany House appears to meet the criteria of national significance, suitability, and feasibility for inclusion in the National Park System; (3) the city of Troy, New York-- (A) played an important role in the development of the collar and cuff industry and the iron industry in the 19th century and in the development of early men's and women's worker and cooperative organizations; and (B) was the home of the first women's labor union, led by Irish immigrant Kate Mullany; (4) the city of Troy, New York, has entered into a cooperative arrangement with 6 neighboring cities, towns, and villages to create the Hudson-Mohawk Urban Cultural Park Commission to manage the valuable historic resources in the area, and the area within those municipalities has been designated by the State of New York as a heritage area to represent industrial development and labor themes in the development of the State; (5) the area, known as the ``Hudson-Mohawk Urban Cultural Park'' or ``RiverSpark'', has been a pioneer in the development of partnership parks in which intergovernmental and public and private partnerships bring about the conservation of the area's heritage and the attainment of goals for preservation, education, recreation, and economic development; and (6) establishment of the Kate Mullany National Historic Site and cooperative efforts between the National Park Service and the Hudson-Mohawk Urban Cultural Park Commission will-- (A) provide opportunities for the illustration and interpretation of important themes of the heritage of the United States; and (B) provide unique opportunities for education, public use, and enjoyment. (b) Purposes.--The purposes of this Act are-- (1) to preserve and interpret the nationally significant home of Kate Mullany for the benefit, inspiration, and education of the people of the United States; and (2) to interpret the connection between immigration and the industrialization of the United States, including the history of Irish immigration, women's history, and worker history. SEC. 3. DEFINITIONS. In this Act: (1) Historic site.--The term ``historic site'' means the Kate Mullany National Historic Site established by section 4. (2) Plan.--The term ``plan'' means the general management plan developed under section 6(d). (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 4. ESTABLISHMENT OF KATE MULLANY NATIONAL HISTORIC SITE. (a) Establishment.--There is established as a unit of the National Park System the Kate Mullany National Historic Site in the State of New York. (b) Description.--The historic site shall consist of the home of Kate Mullany, comprising approximately .05739 acre, located at 350 Eighth Street in Troy, New York, as generally depicted on the map entitled __________ and dated ____________. SEC. 5. ACQUISITION OF PROPERTY. (a) Real Property.--The Secretary may acquire land and interests in land within the boundaries of the historic site and ancillary real property for parking or interpretation, as necessary and appropriate for management of the historic site. (b) Personal Property.--The Secretary may acquire personal property associated with, and appropriate for, the interpretation of the historic site. (c) Means.--An acquisition of real property or personal property may be made by donation, purchase from a willing seller with donated or appropriated funds, or exchange. SEC. 6. ADMINISTRATION OF HISTORIC SITE. (a) In General.--The Secretary shall administer the historic site in accordance with this Act and the 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 (16 U.S.C. 1 et seq.), and the Act entitled ``An Act to provide for the preservation of historic American sites, buildings, objects, and antiquities of national significance, and for other purposes'', approved August 21, 1935 (16 U.S.C. 461 et seq.). (b) Cooperative Agreements.--In carrying out this Act, the Secretary may consult with and enter into cooperative agreements with the State of New York, the Hudson-Mohawk Urban Cultural Park Commission, and other public and private entities to facilitate public understanding and enjoyment of the life and work of Kate Mullany through the development, presentation, and funding of exhibits and other appropriate activities related to the preservation, interpretation, and use of the historic site and related historic resources. (c) Exhibits.--The Secretary may display, and accept for the purposes of display, items associated with Kate Mullany, as may be necessary for the interpretation of the historic site. (d) General Management Plan.-- (1) In general.--Not later than 2 full fiscal years after the date of enactment of this Act, the Secretary shall-- (A) develop a general management plan for the historic site; and (B) submit the plan to the Committee on Energy and Natural Resources of the Senate and the Committee on Resources of the House of Representatives. (2) Contents.--The plan shall include recommendations for regional wayside exhibits to be carried out through cooperative agreements with the State of New York and other public and private entities. (3) Requirements.--The plan shall be prepared in accordance with section 12(b) of the Act entitled ``An Act to improve the administration of the national park system by the Secretary of the Interior, and to clarify the authorities applicable to the system, and for other purposes'', approved August 18, 1970 (16 U.S.C 1a et seq.). SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as are necessary to carry out this Act.

Kate Mullany National Historic Site Designation Act - Establishes the Kate Mullany National Historic Site in New York State. Requires the Secretary of the Interior to develop and submit to specified congressional committees a general management plan for the Site. Authorizes appropriations.

Kate Mullany National Historic Site Designation Act

SECTION 1. FINDINGS AND DECLARATION. Congress finds and declares that-- (1) maintaining and improving the strength and effectiveness of the Commission is essential to the integrity of the Federal election system; (2) the Commission was created in the wake of the Watergate scandal to ensure the integrity of Federal elections by overseeing Federal election disclosure and enforcing Federal campaign finance law; (3) the sharply increasing number of cases and the growing volume of financial activity is making it increasingly difficult for the Commission to fulfill its watchdog role in a timely and effective manner; (4) the Commission finds itself without a sufficient budget and without the basic enforcement powers that would enable the Commission to fulfill its watchdog role in a timely and effective manner; and (5) Congress should provide the Commission with sufficient resources and authority to allow the Commission to carry out its duties. SEC. 2. FILING OF FEDERAL ELECTION CAMPAIGN REPORTS USING COMPUTERS AND FACSIMILE MACHINES. Section 302(a) of the Federal Election Campaign Act of 1971 (2 U.S.C. 434(a)) is amended by striking paragraph (11) and inserting at the end the following: ``(11)(A) The Commission may prescribe regulations under which persons required to file designations, statements, and reports under this Act-- ``(i) are required to maintain and file a designation, statement, or report for any calendar year in electronic form accessible by computers if the person has, or has reason to expect to have, aggregate contributions or expenditures in excess of a threshold amount determined by the Commission; and ``(ii) may maintain and file a designation, statement, or report in that manner if not required to do so under regulations prescribed under clause (i). ``(B) The Commission shall prescribe regulations which allow persons to file designations, statements, and reports required by this Act through the use of facsimile machines. ``(C) In prescribing regulations under this paragraph, the Commission shall provide methods (other than requiring a signature on the document being filed) for verifying designations, statements, and reports covered by the regulations. Any document verified under any of the methods shall be treated for all purposes (including penalties for perjury) in the same manner as a document verified by signature.''. SEC. 3. AUDITS BY THE FEDERAL ELECTION COMMISSION. (a) Random Audits.--Section 311(b) of the Federal Election Campaign Act of 1971 (2 U.S.C. 438(b)) is amended-- (1) by inserting ``(1)'' before ``The Commission''; and (2) by adding at the end the following: ``(2) Random audits.-- ``(A) In general.--Notwithstanding paragraph (1), the Commission may conduct random audits and investigations to ensure voluntary compliance with this Act. ``(B) Selection of subjects.--The aggregate amount of contributions received by an eligible Senate candidate as of the end of each reporting period under section 304 shall meet the requirement of paragraph (1). ``(C) Limitation.--The Commission shall not conduct an audit or investigation of a candidate's authorized committee under paragraph (1) until the candidate is no longer a candidate for the office sought by the candidate in an election cycle. ``(D) Applicability.--This paragraph does not apply to an authorized committee of a candidate for President or Vice President subject to audit under section 9007 or 9038 of the Internal Revenue Code of 1986.''. (b) Extension of Period During Which Campaign Audits May Be Begun.--Section 311(b) of the Federal Election Campaign Act of 1971 (2 U.S.C. 438(b)) is amended by striking ``6 months'' and inserting ``12 months''. SEC. 4. AUTHORITY OF THE FEDERAL ELECTION COMMISSION TO SEEK INJUNCTION. Section 309(a) of the Federal Election Campaign Act of 1971 (2 U.S.C. 437g(a)) is amended-- (1) by adding at the end the following: ``(13)(A) If, at any time in a proceeding described in paragraph (1), (2), (3), or (4), the Commission believes that-- ``(i) there is a substantial likelihood that a violation of this Act is occurring or is about to occur; ``(ii) the failure to act expeditiously will result in irreparable harm to a party affected by the potential violation; ``(iii) expeditious action will not cause undue harm or prejudice to the interests of others; and ``(iv) the public interest would be best served by the issuance of an injunction; the Commission may initiate a civil action for a temporary restraining order or a preliminary injunction pending the outcome of the proceedings described in paragraphs (1), (2), (3), and (4). ``(B) An action under subparagraph (A) shall be brought in the United States district court for the district in which the defendant resides, transacts business, or may be found, or in which the violation is occurring, has occurred, or is about to occur.''; (2) in paragraph (7), by striking ``(5) or (6)'' and inserting ``(5), (6), or (13)''; and (3) in paragraph (11), by striking ``(6)'' and inserting ``(6) or (13)''. SEC. 5. INCREASE IN PENALTY FOR KNOWING AND WILLFUL VIOLATIONS. Section 309(a)(5)(B) of the Federal Election Campaign Act of 1971 (2 U.S.C. 437g(a)(5)(B)) is amended by striking ``the greater of $10,000 or an amount equal to 200 percent'' and inserting ``the greater of $15,000 or an amount equal to 300 percent''. SEC. 6. CIVIL PENALTIES FOR MINOR REPORTING VIOLATIONS. Section 309(a)(4)(A) of the Federal Election Campaign Act of 1971 (2 U.S.C. 437g(a)(4)(A)) is amended-- (1) in the first sentence of clause (i) by striking ``clause (ii)'' and inserting ``clauses (ii) and (iii)''; and (2) by adding at the end the following: ``(iii) Minor reporting violations.-- ``(I) Definition of minor reporting violation.--The Commission shall by regulation establish a definition of the term `minor reporting violation' for the purposes of this clause. ``(II) Assessment by the commission.--After notice and hearing, the Commission may, without following the procedure of subparagraph (A) or paragraph (5) or (6), assess a civil penalty against a person that commits a minor reporting violation. ``(III) Schedule of amounts of civil penalties.-- The Commission shall by regulation establish a schedule of the amounts (or ranges of amounts) of civil penalties (not to exceed $5,000 or an amount equal to the amount of any contribution or expenditure involved in the violation) that shall be assessed for different categories of minor reporting violations. ``(IV) Considerations.--In determining the amounts of civil penalties, the Commission shall consider the effect that a violation could be expected to have on the conduct of an election campaign or on the outcome of an election, the previous compliance record of the violator, and other appropriate factors. ``(V) Limitation.--The Commission shall not assess a civil penalty under this clause within 30 days before the date of an election. ``(VI) Enforcement and judicial review.--The Commission, acting through its own attorneys, may bring a civil action in United States district court for payment of, and a person against whom a civil penalty has been assessed may bring a civil action in United State district court to review, a civil penalty under subclause (II). Paragraph (7) shall apply to a civil action under this subclause. ``(VII) Election of remedy.--If the Commission elects to proceed under this clause against a person for a minor reporting violation, the Commission shall be precluded from seeking enforcement with respect to that violation under any other provision of this Act or other law.''. SEC. 7. FILING OF SENATE ELECTION REPORTS WITH THE FEDERAL ELECTION COMMISSION, RATHER THAN WITH THE SECRETARY OF THE SENATE. (a) Section 302 Amendments.--Section 302 of the Federal Election Campaign Act of 1971 (2 U.S.C. 432) is amended by striking subsection (g) and inserting the following: ``(g) Place of Filing.--All designations, statements, and reports required to be filed under this Act shall be filed with the Commission.''. (b) Section 304 Amendments.--Section 304 of the Federal Election Campaign Act of 1971 (2 U.S.C. 434) is amended-- (1) in subsection (a)(6)(A), by striking ``Secretary or the Commission'' through ``as appropriate'' and inserting ``Commission and Secretary of State''; and (2) in the third sentence of subsection (c)(2), by striking ``the Secretary or''. (c) Section 311 Amendments.--Section 311(a)(4) of the Federal Election Campaign Act of 1971 (2 U.S.C. 438(a)(4)) is amended by striking ``Secretary or the''. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. The Federal Election Campaign Act of 1971 is amended-- (1) by striking section 314 (2 U.S.C. 439c) and inserting the following: ``SEC. 314. [REPEALED].''; and (2) by inserting after section 406 the following: ``SEC. 407. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated to carry out this Act and chapters 95 and 96 of the Internal Revenue Code of 1986-- ``(1) $1,700,000 for fiscal year 1997 (in addition to appropriations made before the date of enactment of this section, to be used in the investigation of the extraordinary problems associated with the 1996 elections such as the making of contributions by nonresident foreign nationals and the acceptance of such contributions by candidates, the use of funds not reported as contributions or expenditures to circumvent expenditure limits applicable to political party committees, coordination with candidates in the making of expenditures claimed to be independent expenditures, and expenditures on advertisements claimed to be purely issue- oriented that clearly suggested support of or opposition to particular candidates) ; and ``(2) $34,200,000 for fiscal year 1998.''.

Amends the Federal Election Campaign Act of 1971 (FECA) to authorize the Federal Election Commission (Commission) to issue a regulation to require the filing of designations, statements, and reports using computers if the person has, or has reason to expect to have, aggregate contributions or expenditures in excess of a threshold amount determined by the Commission. Requires the Commission to prescribe a regulation allowing persons to file designations, statements, and reports using facsimile machines. (Sec. 3) Authorizes the Commission to conduct random audits and investigations to ensure voluntary compliance. Extends the period during which a campaign audit of a candidate's authorized committee may be begun. (Sec. 4) Grants authority to the Commission to seek at any time in a proceeding a temporary restraining order or a temporary injunction if the Commission believes there is a substantial likelihood that a violation is occurring or is about to occur. (Sec. 5) Revises the requirement regarding the payment of a civil penalty for knowing and willful violations of any contribution or expenditure to authorize, under a conciliation agreement entered into by the Commission, the payment of a civil penalty not exceeding the greater of $15,000 or an amount equal to 300 percent (currently the greater of $10,000 or an amount equal to 200 percent). (Sec. 6) Sets forth the following with respect to civil penalties for minor reporting violations. Directs the Commission by regulation to: (1) establish a definition of the term "minor reporting violation"; and (2) establish a schedule of the amounts (or ranges of the amounts) of civil penalties (not to exceed $5,000 or an amount equal to the amount of any contribution or expenditure involved in the violation) to be assessed for different categories of minor reporting violations. Prohibits the Commission from assessing a civil penalty within 30 days before the date of an election. Permits the Commission to seek enforcement of a civil action in U.S. district court. (Sec. 7) Repeals requirements for the filing of designations, statements, and reports required under FECA by a Senate candidate and the candidate's principal campaign committee with the Secretary of the Senate. Replaces them with a requirement for all such designations, statements, and reports to be filed with the Commission. (Sec. 8) Revises FECA authorization of appropriations provisions to, among other things: (1) add an additional amount for FY 1997 to be used to investigate the extraordinary problems associated with the 1996 elections; and (2) authorize appropriations for FY 1998.

A bill to amend the Federal Election Campaign Act of 1971 to improve the enforcement capabilities of the Federal Election Commission, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Healthy Forest Youth Conservation Corps Act of 2004''. SEC. 2. FINDINGS. Congress finds that-- (1) the natural fire regimes of forested public land have been altered by intensive fire suppression; (2) fire suppression has led to increased risk of unnaturally severe wildfires that in recent years have destroyed thousands of homes, devastated agricultural crops and livestock, reduced biodiversity, and scorched thousands of areas of soil and natural resources; (3) catastrophic wildfires pose a particular threat to communities and wildlife living close to forested wildland, known as the ``wildland-urban interface''; (4) each year millions of public dollars are spent to fight severe wildfires and protect communities where municipal water supplies, human lives, and property are threatened; (5) cooperative agreements between public agencies empower communities and are cost-effective tools that provide positive social and environmental benefits; (6) cooperative agreements should be encouraged to prevent unnaturally severe fires, rehabilitate public land affected or altered by fires, and enhance and maintain environmentally important land and water; and (7) joint collaborations between the public agencies and service and conservation corps are particularly beneficial, as the collaborations provide-- (A) young adults the opportunity to prepare for productive lives while engaged in meaningful and educational public service opportunities; and (B) the public with cost-saving human resources to assist in conserving, maintaining, and protecting public land. SEC. 3. PURPOSES. The purposes of this Act are-- (1) to allow service and conservation corps to contract directly with public land management agencies to perform rehabilitation and enhancement projects to prevent fire, rehabilitate public land affected or altered by fires, and suppress fires, and provide disaster relief; (2) to offer young adults, ages 16 through 25, particularly those who are at-risk or economically disadvantaged, the opportunity to gain productive employment; (3) to provide those young adults the opportunity to serve their communities and their country; and (4) to expand educational opportunities by rewarding individuals who participate in the Healthy Forest Youth Conservation Corps with an increased ability to pursue higher education or employment. SEC. 4. HEALTHY FOREST YOUTH CONSERVATION CORPS. (a) Establishment.--There is established a Healthy Forest Youth Conservation Corps. (b) Participants.--The Corps shall consist of low-income young adults who are enrolled as members of a service and conservation corps. (c) Contracts or Agreements.--The Secretary may enter into contracts or cooperative agreements directly with-- (1) any service and conservation corps to carry out rehabilitation and enhancement projects to prevent fire and suppress fires, rehabilitate public land affected or altered by fires, and provide disaster relief; or (2) a department of natural resources, agriculture, or forestry (or an equivalent department) of any State that has entered into a contract or cooperative agreement with a service and conservation corps to carry out a project described in paragraph (1). (d) Projects.-- (1) In general.--The Secretary may enter into contracts or cooperative agreements with service and conservation corps to carry out rehabilitation and enhancement projects to prevent fire and suppress fires, rehabilitate public land affected or altered by fires, and provide disaster relief, including-- (A) a project relating to the National Fire Plan; (B) a project relating to the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6501 et seq.); and (C) other activities allowed under-- (i) a national forest and grassland land management plan; or (ii) a Bureau of Land Management land use plan. (2) Priority.--In entering into contractual or cooperative agreements with service and conservation corps under paragraph (1), each Secretary shall give priority to projects that will-- (A) reduce hazardous fuels on public land; (B) restore public land affected or imminently threatened by disease or insect infestation; (C) rehabilitate public land affected or altered by fires; (D) assess windthrown public land or public land at high risk of reburn; (E) work to address public land located within relative proximity to a municipal watershed and municipal water supply; (F) provide related emergency assistance, such as natural disaster relief and the rescue of lost or injured persons; (G) instill in members of the service and conservation corps a work ethic, and a sense of personal responsibility; (H) be labor-intensive; and (I) be planned and initiated promptly. (e) Supportive Services.--Each Secretary may provide such services as the Secretary considers to be necessary to carry out this Act. (f) Technical Assistance.--To carry out this Act, the Secretaries shall provide technical assistance, oversight, monitoring, and evaluation to or for-- (1) State departments of natural resources and agriculture (or equivalent agencies); (2) service and conservation corps; (3) in the case of Indian lands, the applicable Indian tribe; (4) in the case of Hawaiian home lands, the applicable State agency in the State of Hawaii; and (5) in the case of land under the jurisdiction of an Alaska Native Corporation, the applicable Alaska Native Corporation. SEC. 5. USE OF FUNDS. Funds made available under this Act may be used to support implementation, monitoring, training, technical assistance, and administrative work of local and State conservation corps that have entered into cooperative agreements with public land management agencies. SEC. 6. NONCOMPETITIVE HIRING STATUS. Each Secretary may grant credit for time served toward future Federal hiring, and provide noncompetitive hiring status, for former members of the Corps for not more than 120 days after service is complete. SEC. 7. NONDISPLACEMENT. The nondisplacement requirements of section 177(b) of the National and Community Service Act of 1990 (42 U.S.C. 12637(b)) shall apply to activities carried out by the Corps under this Act. SEC. 8. DEFINITIONS. In this Act: (1) Alaska native corporation.--The term ``Alaska Native Corporation'' means a Regional Corporation or Village Corporation, as those terms are defined in section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602). (2) Corps.--The term ``Corps'' means the Healthy Forest Youth Conservation Corps established under section 4. (3) Hawaiian home lands.--The term ``Hawaiian home lands'' has the meaning given the term in section 203 of Public Law 91- 378 (commonly known as the ``Youth Conservation Corps Act of 1970'') (16 U.S.C. 1722). (4) Indian lands.--The term ``Indian lands'' has the meaning given the term in section 203 of Public Law 91-378 (commonly known as the ``Youth Conservation Corps Act of 1970'') (16 U.S.C. 1722). (5) Public land.--The term ``public land'' means-- (A) land of the National Forest System (as defined in section 11(a) of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1609(a))) administered by the Secretary of Agriculture, acting through the Chief of the Forest Service; (B) public lands (as defined in section 103 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702)), the surfaces of which are administered by the Secretary of the Interior, acting through the Director of the Bureau of Land Management; (C) public lands, the surfaces of which are administered by the Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service; (D) land owned by a State or local agency; (E) Indian lands, with the approval of the applicable Indian tribe; (F) Hawaiian home lands, with the approval of the applicable State agency in the State of Hawaii; and (G) land under the jurisdiction of an Alaska Native Corporation, with the approval of the applicable Alaska Native Corporation. (6) Secretary.--The term ``Secretary'' means-- (A) the Secretary of Agriculture, with respect to land of the National Forest System described in paragraph (5)(A); (B) the Secretary of the Interior, with respect to public lands described in paragraph (5)(B); and (C) the Secretary of Agriculture and the Secretary of the Interior jointly, with respect to land owned by a State or local agency described in paragraph (5)(C). (7) Service and conservation corps.--The term ``service and conservation corps'' means any organization established by a State or local government, nonprofit organization, or Indian tribe that-- (A) has a research-validated demonstrable capability to provide productive work to individuals; (B) gives participants a combination of work experience, basic and life skills, education, training, and support services; and (C) provides participants with the opportunity to develop citizenship values through service to their communities and the United States. (8) State.--The term ``State'' means-- (A) a State; (B) the District of Columbia; (C) the Commonwealth of Puerto Rico; (D) Guam; (E) American Samoa; (F) the Commonwealth of the Northern Mariana Islands; (G) the Federated States of Micronesia; (H) the Republic of the Marshall Islands; (I) the Republic of Palau; and (J) the United States Virgin Islands. (9) Young adults.--The term ``young adults'' means individuals between 16 and 25 years of age. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to carry out this Act $25,000,000 for each of fiscal years 2005 through 2009.

Healthy Forest Youth Conservation Corps Act of 2004 - Establishes A Healthy Forest Youth Conservation Corps to be comprised of low-income young adults between the ages of 16 and 25 to work on projects to prevent fire and suppress fires, and provide disaster relief on public land. Authorizes the Secretary of Agriculture and the Secretary of the Interior to enter into contracts or cooperative agreements directly with any service and conservation corps or State department of natural resources, agriculture, or forestry to carry out projects to prevent fire and suppress fires, rehabilitate public land affected or altered by fires, and provide disaster relief. Directs the Secretaries to give priority to certain projects, including projects that will: (1) reduce hazardous fuels on public lands; (2) restore public land affected or threatened by disease or insect infestation; (3) rehabilitate public land affected or altered by fires; (4) assess public land at a high risk of reburn; and (5) address public land located near a municipal watershed and water supply.

A bill to permit young adults to perform projects to prevent fire and suppress fires, and provide disaster relief, on public land through a Healthy Forest Youth Conservation Corps.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Life Sustaining Treatment Preferences Act of 2008''. SEC. 2. FINDINGS. Congress finds as follows: (1) Serious illness, death, and dying are often difficult subjects to talk about for individuals, their families, and health care professionals. (2) Poor communication about preferences for care at the end of life can cause distress for both patients and their families. (3) As individuals approach the last chapter of their life, more can be done to educate them about treatment choices and help individuals communicate to health providers what care they want or do not want to receive. (4) A decade of research has demonstrated that orders for life sustaining treatment effectively convey treatment preferences, guiding medical personnel in providing or withholding interventions. (5) Orders for life sustaining treatment differ from advance directives. Advance directives (including living wills and durable powers of attorney for health care) must be completed while individuals have the capacity to complete them and generally apply to future, hypothetical medical circumstances when decisionmaking capacity is lost. Patients' values, goals, and preferences, as expressed in advance directives, require a thoughtful interpretive process to apply to specific medical circumstances in real time. Yet, patients and proxy decisionmakers are often uncertain how to apply and implement patients' values and goals in unfamiliar health care settings when real treatment plans and complicated decisions need to be made. (6) Orders for life sustaining treatment complement advances directives by providing a process to focus patients' values, goals, and preferences on current medical circumstances and to translate them into visible and portable medical orders applicable across care settings, including home, long-term care, emergency medical services, and hospitals. Without such medical orders emergency medical personnel may be required to provide treatments that may not be consistent with the individual's preferences. Completion of such an order is equally valuable to patients who have not executed advance directives. (7) The following States have implemented or are developing statewide programs for orders for life sustaining treatment: California, Colorado, Georgia, Florida, Hawaii, Idaho, Louisiana, Michigan, Missouri, Nebraska, New Hampshire, New York, North Carolina, Ohio, Oregon, Tennessee, Texas, Utah, Washington, and West Virginia. Localities within Maine, Minnesota, Nevada, North Dakota, Pennsylvania, and Wisconsin have implemented or are developing programs for orders for life sustaining treatment. (8) Programs for orders for life sustaining treatment provide valuable services to individuals, their families, and health care providers through educational materials, professional training on advance care planning, coordinating and collaborating with hospitals, skilled nursing facilities, hospice programs, home health agencies, and emergency medical services to implement such orders across the continuum of care, and monitoring the success of the program. (9) Medicare pays for acute care services provided to beneficiaries, but does not pay for informed discussions between beneficiaries and health providers to allow beneficiaries the opportunity to determine if they desire such acute care in the last months and years of life. SEC. 3. MEDICARE COVERAGE OF CONSULTATION REGARDING ORDERS FOR LIFE SUSTAINING TREATMENT. (a) In General.--Section 1861 of the Social Security Act (42 U.S.C. 1395x), as amended by sections 101(a), 144(a), and 152(b) of the Medicare Improvements for Patients and Providers Act of 2008 (Public Law 110-275), is amended-- (1) in subsection (s)(2)-- (A) by striking ``and'' at the end of subparagraph (DD); (B) by adding ``and'' at the end of subparagraph (EE); and (C) by adding at the end the following new subparagraph: ``(FF) consultations regarding an order for life sustaining treatment (as defined in subsection (hhh)(1)) for qualified individuals (as defined in subsection (hhh)(3));''; and (2) by adding at the end the following new subsection: ``Consultation Regarding an Order for Life Sustaining Treatment ``(hhh)(1) The term `consultation regarding an order for life sustaining treatment' means, with respect to a qualified individual, consultations between the individual and the individual's physician (as defined in subsection (r)(1)) (or other health care professional described in paragraph (2)(A)) and, to the extent applicable, registered nurses, nurse practitioners, physicians' assistants, and social workers, regarding the establishment, implementation, and changes in an order regarding life sustaining treatment (as defined in paragraph (2)) for that individual. Such a consultation may include a consultation regarding-- ``(A) the reasons why the development of such an order is beneficial to the individual and the individual's family and the reasons why such an order should be updated periodically as the health of the individual changes; ``(B) the information needed for an individual or legal surrogate to make informed decisions regarding the completion of such an order; and ``(C) the identification of resources that an individual may use to determine the requirements of the State in which such individual resides so that the treatment wishes of that individual will be carried out if the individual is unable to communicate those wishes, including requirements regarding the designation of a surrogate decisionmaker (also known as a health care proxy). The Secretary may limit consultations regarding an order regarding life sustaining treatment to consultations furnished in States, localities, or other geographic areas in which such orders have been widely adopted. ``(2) The terms `order regarding life sustaining treatment' means, with respect to an individual, an actionable medical order relating to the treatment of that individual that-- ``(A) is signed by a physician (as defined in subsection (r)(1)) or another health care professional (as specified by the Secretary and who is acting within the scope of the professional's authority under State law in signing such an order) and is in a form that permits it to be followed by health care professionals and providers across the continuum of care, including hospitals, nursing facilities, and emergency medical technicians; ``(B) effectively communicates the individual's preferences regarding life sustaining treatment, including an indication of the treatment and care desired by the individual; ``(C) is uniquely identifiable and standardized within a given locality, region, or State (as identified by the Secretary); ``(D) is portable across care settings; and ``(E) may incorporate any advance directive (as defined in section 1866(f)(3)) if executed by the individual. ``(3) The term `qualified individual' means an individual who a physician (as defined in subsection (r)(1)) (or other health care professional described in paragraph (2)(A)) determines has a chronic, progressive illness and, as a consequence of such illness, is as likely as not to die within 1 year. ``(4) The level of treatment indicated under paragraph (2)(B) may range from an indication for full treatment to an indication to limit some or all or specified interventions. Such indicated levels of treatment may include indications respecting, among other items-- ``(A) the intensity of medical intervention if the patient is pulseless, apneic, or, has serious cardiac or pulmonary problems; ``(B) the individual's desire regarding transfer to a hospital or remaining at the current care setting; ``(C) the use of antibiotics; and ``(D) the use of artificially administered nutrition.''. (b) Payment.-- (1) In general.--Section 1848(j)(3) of such Act (42 U.S.C. 1395w-4(j)(3)), as amended by sections 144(a)(2) and 152(b)(1)(C) of the Medicare Improvements for Patients and Providers Act of 2008 (Public Law 110-275), by inserting ``(2)(FF),'' after ``(2)(EE),''. (2) Construction.--Nothing in this section shall be construed as preventing the payment for a consultation regarding an order regarding life sustaining treatment to be made to multiple health care providers if they are providing such consultation as a team, so long as the total amount of payment is not increased by reason of the payment to multiple providers. (c) Effective Date.--The amendments made by this section shall apply to consultations furnished on or after January 1, 2010. SEC. 4. GRANTS FOR PROGRAMS FOR ORDERS REGARDING LIFE SUSTAINING TREATMENT. (a) In General.--The Secretary of Health and Human Services shall make grants to eligible entities for the purpose of-- (1) establishing new programs for orders regarding life sustaining treatment in a States or localities; (2) expanding or enhancing an existing program for orders regarding life sustaining treatment in States or localities; or (3) providing a clearinghouse of information on programs for orders for life sustaining treatment and consultative services for the development or enhancement of such programs. (b) Authorized Activities.--Activities funded through a grant under this section for an area may include-- (1) developing such a program for the area that includes hospitals, skilled nursing facilities, hospice programs, home health agencies, and emergency medical technicians within the area; (2) securing consultative services and advice from institutions with experience in developing and managing such programs; and (3) expanding an existing program for orders regarding life sustaining treatment to serve more patients or enhance the quality of services, including educational services for patients and patients' families or training of health care professionals. (c) Distribution of Funds.--In funding grants under this section, the Secretary shall ensure that, of the funds appropriated to carry out this section for each fiscal year-- (1) at least two-thirds are used for establishing or developing new programs for orders regarding life sustaining treatment; and (2) one-third is used for expanding or enhancing existing programs for orders regarding life sustaining treatment. (d) Definitions.--In this section: (1) The term ``eligible entity'' includes-- (A) an academic medical center, a medical school, a State health department, a State medical association, a multi-State taskforce, a hospital, or a health system capable of administering a program for orders regarding life sustaining treatment for a State or locality; or (B) any other health care agency or entity as the Secretary determines appropriate. (2) The term ``order regarding life sustaining treatment'' has the meaning given such term in section 1861(hhh)(2) of the Social Security Act, as added by section 3. (3) The term ``program for orders regarding life sustaining treatment'' means, with respect to an area, a program that supports the active use of orders regarding life sustaining treatment in the area. (4) The term ``Secretary'' means the Secretary of Health and Human Services. (e) Authorization of Appropriations.--To carry out this section, there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2009 through 2014.

Life Sustaining Treatment Preferences Act of 2008 - Amends title XVIII (Medicare) of the Social Security Act, as amended by the Medicare Improvements for Patients and Providers Act of 2008, to extend Medicare coverage to consultations regarding an order for life sustaining treatment for qualified individuals. Directs the Secretary of Health and Human Services to make grants to eligible entities to: (1) establish new programs for orders regarding life sustaining treatment in a state or locality; (2) expand or enhance an existing program; or (3) set up a clearinghouse of information on programs for such orders and consultative services for the development or enhancement of such programs.

To amend title XVIII of the Social Security Act to provide for coverage under the Medicare Program for consultations regarding orders for life sustaining treatment and to provide grants for the development and expansion of programs for such orders.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal and State Partnership for Environmental Protection Act of 2013''. SEC. 2. CONSULTATION WITH STATES. (a) Removal.--Section 104(a)(2) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9604(a)(2)) is amended by striking ``Any removal action undertaken by the President under this subsection (or by any other person referred to in section 122) should'' and inserting ``In undertaking a removal action under this subsection, the President (or any other person undertaking a removal action pursuant to section 122) shall consult with the affected State or States. Such removal action should''. (b) Remedial Action.--Section 104(c)(2) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9604(c)(2)) is amended by striking ``before determining any appropriate remedial action'' and inserting ``during the process of selecting, and in selecting, any appropriate remedial action''. (c) Selection of Remedial Action.--Section 104(c)(4) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9604(c)(4)) is amended by striking ``shall select remedial actions'' and inserting ``shall, in consultation with the affected State or States, select remedial actions''. (d) Consultation With State and Local Officials.--Section 120(f) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9620(f)) is amended-- (1) by striking ``shall afford to'' and inserting ``shall consult with''; (2) by inserting ``and shall provide such State and local officials'' before ``the opportunity to participate in''; and (3) by adding at the end the following: ``If State or local officials make a determination not to participate in the planning and selection of the remedial action, such determination shall be documented in the administrative record regarding the selection of the response action.''. SEC. 3. STATE CREDIT FOR OTHER CONTRIBUTIONS. Section 104(c)(5) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9604(c)(5)) is amended-- (1) in subparagraph (A)-- (A) by inserting ``removal at such facility, or for'' before ``remedial action''; and (B) by striking ``non-Federal funds.'' and inserting ``non-Federal funds, including oversight costs and in-kind expenditures. For purposes of this paragraph, in-kind expenditures shall include expenditures for, or contributions of, real property, equipment, goods, and services, valued at a fair market value, that are provided for the removal or remedial action at the facility, and amounts derived from materials recycled, recovered, or reclaimed from the facility, valued at a fair market value, that are used to fund or offset all or a portion of the cost of the removal or remedial action.''; and (2) in subparagraph (B), by inserting ``removal or'' after ``under this paragraph shall include expenses for''. SEC. 4. STATE CONCURRENCE WITH LISTING ON THE NATIONAL PRIORITIES LIST. (a) Basis for Recommendation.--Section 105(a)(8)(B) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9605(a)(8)(B)) is amended-- (1) by inserting ``Not later than 90 days after any revision of the national list, with respect to a priority not included on the revised national list, upon request of the State that submitted the priority for consideration under this subparagraph, the President shall provide to such State, in writing, the basis for not including such priority on such revised national list. The President may not add a facility to the national list over the written objection of the State, unless (i) the State, as an owner or operator or a significant contributor of hazardous substances to the facility, is a potentially responsible party, (ii) the President determines that the contamination has migrated across a State boundary, resulting in the need for response actions in multiple States, or (iii) the criteria under the national contingency plan for issuance of a health advisory have been met.'' after ``the President shall consider any priorities established by the States.''; and (2) by striking ``To the extent practicable, the highest priority facilities shall be designated individually and shall be referred to as'' and all that follows through the semicolon at the end, and inserting ``Not more frequently than once every 5 years, a State may designate a facility that meets the criteria set forth in subparagraph (A) of this paragraph, which shall be included on the national list;''. (b) State Involvement.--Section 121(f)(1)(C) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9621(f)(1)(C)) is amended by striking ``deleting sites from'' and inserting ``adding sites to, and deleting sites from,''. SEC. 5. STATE ENVIRONMENTAL COVENANT LAW. Section 121(d)(2)(A)(ii) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9621(d)(2)(A)(ii)) is amended by striking ``State environmental or facility siting law'' and inserting ``State environmental, facility siting, or environmental covenant law, or under a State law or regulation requiring the use of engineering controls or land use controls,''.

Federal and State Partnership for Environmental Protection Act of 2013 - (Sec. 2) Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) to require the President to consult with affected states: (1) in undertaking a removal action concerning hazardous substances, pollutants, and contaminants (substances); and (2) during (currently, before) the process of selecting any appropriate remedial action. Requires the Administrator of the Environmental Protection Agency (EPA) and each federal entity responsible for federal facility compliance to consult with state and local officials and provide them the opportunity to participate in the planning and selection of a remedial action with respect to such a facility. Requires a determination made by state or local officials to not participate in such action to be documented in the administrative record regarding the action. (Sec. 3) Requires the President to grant states credit for the share of costs with respect to a facility listed on the National Priorities List under the National Contingency Plan for amounts expended for removal at such facility of such substances in addition to the credits currently given for remedial actions. Authorizes credit to be given for oversight costs and in-kind expenditures. (Sec. 4) Requires the President, upon the request of a state, to provide to such state the basis for not including a priority among releases of such substances on the revised national list. Prohibits the President from adding a facility to the national list over the written objection of the state, unless: the state, as an owner or operator or a significant contributor of hazardous substances to the facility, is a potentially responsible party; the President determines that the contamination has migrated across a state boundary, resulting in the need for response actions in multiple states; or the criteria under the national contingency plan for issuance of a health advisory have been met. Removes provisions concerning the 100 highest priority facilities. Authorizes states to designate a facility to the national list no more than once every five years. Includes, as a minimum requirement in regulations that provide for involvement by each state in remedial actions, state concurrence in adding sites to the National Priorities List. (Sec. 5) Requires remedial actions to meet any state environmental covenant law or state law or regulation requiring the use of engineering control or land use control if they are more stringent than federal requirements.

Federal and State Partnership for Environmental Protection Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Citizens' Right to Know Act of 1999''. SEC. 2. DISCLOSURE REQUIREMENTS. (a) Disclosure of Contributions and Expenditures on the Internet.-- (1) In general.--Section 304 of the Federal Election Campaign Act of 1971 (2 U.S.C. 434) is amended by adding at the end the following: ``(d) Required Disclosure on the Internet.-- ``(1) In general.--Except as provided in paragraph (3), each political committee shall make available to the public on the Internet the information required under subparagraphs (A) and (B) of paragraph (3) and paragraph (5)(A) of subsection (b), not later than 14 days after-- ``(A) the date on which the committee receives a contribution from or makes an expenditure to a person, aggregating $200 or more during the calendar year; and ``(B) each date on which the committee receives a contribution from or makes an expenditure to such person, aggregating an additional $200 or more during such calendar year. ``(2) Use of information.--Any information made available under paragraph (1) may not be sold or used by any person for the purpose of soliciting contributions or donations or for any commercial purpose, other than using the name and address of any political committee to solicit contributions from such committee. ``(3) Candidate.-- ``(A) In general.--In the case of a candidate or the candidate's authorized committee, the requirement under paragraph (1) that disclosure occur within 14 days shall only apply during the period which begins 18 months before the date of the general election for the office for which such candidate is running and ends on such date. ``(B) Time period covered.--The first disclosure required under subparagraph (A) shall include aggregate contributions received and expenditures made during the election cycle for the office for which the candidate is seeking and not previously made available under paragraph (1).''. (2) Definition of election cycle.--Section 301 of the Federal Election Campaign Act of 1971 (2 U.S.C. 431) is amended by adding at the end the following: ``(20) Election cycle.--The term `election cycle' means-- ``(A) in the case of a candidate or the authorized committees of a candidate, the period beginning on the day after the date of the most recent general election for the specific office or seat that the candidate seeks and ending on the date of the next general election for that office or seat; and ``(B) in the case of all other persons, the period beginning on the first day following the date of the last general election and ending on the date of the next general election.''. (b) Identification of Contributors Not Required for Certain Political Committees.--Section 304(b)(3)(A) of the Federal Election Campaign Act of 1971 (2 U.S.C. 434(b)(3)(A)) is amended by inserting ``for a political party committee, '' before ``person''. (c) Disclosure of Certain Broadcasting Records.--Section 315 of the Communications Act of 1934 (47 U.S.C. 315) is amended by redesignating subsections (c) and (d) as subsections (d) and (e), respectively, and inserting after subsection (b) the following: ``(c) Political Record.-- ``(1) In general.--A licensee or operator of a cable system shall maintain, and make available for public inspection, a complete record of a request to purchase broadcast time that-- ``(A) is made by or on behalf of a legally qualified candidate for Federal office; or ``(B) will communicate a message that-- ``(i) refers to a clearly identified candidate, Federal office holder, or national political party; and ``(ii) is made for the purpose of influencing a Federal election. ``(2) Contents of record.--A record maintained under paragraph (1) shall contain information regarding-- ``(A) whether the request to purchase broadcast time is accepted or rejected by the licensee or operator of a cable system; ``(B) the rate charged for the broadcast time; ``(D) the date and time that the communication is aired; ``(E) the class of time that is purchased; and ``(F) the name of the candidate, office holder, or political party to which the communication refers and the office to which the candidate is seeking election (as applicable). ``(3) Time to maintain file.--The information required under this subsection shall be placed in a political file as soon as possible and shall be retained by the licensee or operator of a cable system for a period of not less than 2 years.''. SEC. 3. MODIFICATION OF CONTRIBUTION LIMITS. (a) Candidate Limit.--Section 315(a)(1)(A) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a(a)(1)(A)) is amended by striking ``$1,000'' and inserting ``$5,000''. (b) Party Limits.--Section 315(a) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a(a)) is amended-- (1) in paragraph (1)(B), by striking ``$20,000'' and inserting ``$50,000''; and (2) in paragraph (2)(B), by striking ``$15,000'' and inserting ``$50,000''. (c) State Party Limit.--Section 315(a) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a(a)) is amended-- (1) in paragraph (1)-- (A) in subparagraph (B), by striking ``or'' at the end; (B) in subparagraph (C)-- (i) by inserting ``(other than a committee described in subparagraph (D))'' after ``committee''; and (ii) by striking the period at the end and inserting ``; or''; and (C) by adding at the end the following: ``(D) to a political committee established and maintained by a State committee of a political party in any calendar year which, in the aggregate, exceed $15,000.''; and (2) in paragraph (2)-- (A) in subparagraph (B), by striking ``or'' at the end; (B) in subparagraph (C)-- (i) by inserting ``(other than a committee described in subparagraph (D))'' after ``committee''; and (ii) by striking the period at the end and inserting ``; or''; and (C) by adding at the end the following: ``(D) to a political committee established and maintained by a State committee of a political party in any calendar year which, in the aggregate, exceed $15,000.''. (d) Aggregate Limit.--The first sentence of section 315(a)(3) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a(a)(3)) is amended to read as follows: ``An individual shall not make an aggregate amount of contributions in any calendar year, described in subparagraphs (A) and (C) of paragraph (1) in excess of $50,000 and described in subparagraphs (B) and (D) of paragraph (1) in excess of $50,000.''. SEC. 3. ADMINISTRATIVE EXPENSES OF POLITICAL COMMITTEES. (a) Definition of Contribution.--Section 301(8)(B) of Federal Election Campaign Act of 1971 (2 U.S.C. 431(8)(B)) is amended-- (1) in clause (xiii), by striking ``and'' at the end; (2) in clause (xiv), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(xv) any amount received by a committee of a political party specifically designated to defray the cost of legal or accounting services or other services required for compliance with this Act or chapter 95 or chapter 96 of the Internal Revenue Code of 1986, including the costs of developing and maintaining a system of electronic recordkeeping and reporting.''. (b) Definition of Expenditure.--Section 301(9)(B) of the Federal Election Campaign Act of 1971 (2 U.S.C. 431(9)(B)) is amended-- (1) in clause (ix), by striking ``and'' at the end; (2) in clause (x), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(xi) the payment by a committee of a political party for the cost of legal or accounting services or other services required for compliance with this Act or chapter 95 or chapter 96 of the Internal Revenue Code of 1986, including the costs of developing and maintaining a system of electronic recordkeeping and reporting.''. SEC. 4. TAX DEDUCTION FOR CONTRIBUTIONS TO CERTAIN POLITICAL COMMITTEES AND CANDIDATES. (a) In General.--Part VII of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by redesignating section 222 as section 223 and inserting after section 221 the following new section: ``SEC. 222. POLITICAL CONTRIBUTIONS. ``(a) Allowance of Deduction.--In the case of an individual, there shall be allowed as a deduction for the taxable year an amount equal to the lesser of-- ``(1) the aggregate amount of qualified political contributions made by the taxpayer during the taxable year, or ``(2) $100 ($200 in the case of a joint return). ``(b) Qualified Political Contributions.--For purposes of this section-- ``(1) In general.--For purposes of this section, the term `qualified political contributions' means an amount paid or incurred to a-- ``(A) candidate or candidate's authorized committee, ``(B) political committee of a national political party; or ``(C) qualified political committee. ``(2) Qualified political committee.--The term `qualified political committee' means a separate segregated fund described in section 316(b)(2)(C) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441b(b)(2)(C)) and maintained by a corporation, labor organization, membership organization, cooperative, or corporation without capital stock which is certified by the Federal Election Commission for the calendar year in which the taxable year begins as meeting the voluntary disclosure requirements of section 324 of such Act. ``(c) Verification.--The credit allowed by subsection (a) shall be allowed, with respect to any contribution, only if such contribution is verified in such manner as the Secretary shall prescribe by regulations. ``(d) Other Definitions.--For purposes of this section, the terms `authorized committee', `candidate', `contribution', and `political committee' have the meaning given those terms in section 301 of the Federal Election Campaign Act of 1971.''. (b) Voluntary Disclosure Requirement.--Title III of the Federal Election Campaign Act of 1971 (2 U.S.C. 431 et seq.) is amended by adding at the end the following: ``SEC. 324. VOLUNTARY DISCLOSURE REQUIREMENT. ``(a) Disclosure.--An organization which maintains a separate segregated fund described in section 316(b)(2)(C) may elect to disclose disbursements made for political activity during the 12-month period ending on August 15 of a calendar year by filing an annual report with the Commission under this section. ``(b) Political Activity.--In this section, the term `political activity' means activity in connection with any election or candidate, including-- ``(1) voter registration activity; ``(2) voter identification and get-out-the-vote activity; ``(3) organizing and running direct mail campaigns or phone banks; ``(4) disbursements for broadcast time or print advertising; and ``(5) polling. ``(c) Form of Report.--A report under subsection (a) shall be filed annually with the Commission-- ``(1) in such form and containing such information as the Commission determines necessary, and ``(2) not later than September 1 of the calendar year to which such report relates. ``(d) Public Access.-- ``(1) Report.--A report filed under subsection (a) shall be made accessible to the public by the Commission not later than September 30 of the calendar year to which such report relates. ``(2) Reporting organizations.--Not later than September 30 of each calendar year, the Commission shall make available to the public a list of each organization which elects to file a report under subsection (a). ``(e) Certification.--For purposes of section 222 of the Internal Revenue Code of 1986 (relating to political contributions), not later than September 30 of each calendar year, the Commission shall certify to the Secretary of Treasury and each organization electing to report under this section the name of each organization which meets the voluntary reporting requirements of this section.''. (c) Conforming Amendment.--The table of sections for part VII of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by striking the last item and inserting the following new items: ``Sec. 222. Political contributions. ``Sec. 223. Cross reference.'' (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of enactment of this Act. SEC. 5. TREATMENT OF PERSONAL SERVICES PROVIDED IN COORDINATION WITH A POLITICAL COMMITTEE. Section 301(8)(A)(ii) of the Federal Election Campaign Act of 1971 (2 U.S.C. 431(8)(A)(ii)) is amended by inserting ``or in coordination with a political committee'' after ``committee''.

Amends the Communications Act of 1934 to require disclosure of certain broadcasting records with regard to a Federal election. Amends FECA to modify contribution limits, increasing them for any candidate and his authorized political committees, as well as political committees established and maintained by a national political party. Sets a separate specified limit for political committees established and maintained by a State committee of a political party. Increases the aggregate limit for an individual in any calendar year. Excludes from definitions of contribution and expenditures certain administrative costs of a political party committee. Amends the Internal Revenue Code to allow a tax deduction for certain political contributions. Outlines requirements for voluntary, annual disclosure of disbursements by certain organizations for political activity, including voter registration, voter identification, and get-out-the-vote activities. Treats personal services provided without charge in coordination with a political committee as a contribution.

Citizens' Right to Know Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Electronic Commerce Technology Promotion Act''. SEC. 2. FINDINGS. The Congress makes the following findings: (1) Electronic commerce has been widely embraced by industry, both in the United States and abroad. The volume of commerce conducted over the Internet, though almost nonexistent just a few years ago, is expected to top $1 trillion by 2003, according to market research reports. Continued growth of this market is vital to the economy of the United States as well as the global economy. (2) United States industries are at the forefront of this global revolution, continually evolving and innovating to respond to rapidly changing market needs and conditions. Agility and flexibility are essential elements in their abilities to compete and adapt. These are also the elements required for the electronic commerce market to sustain its current phenomenal growth rate. (3) The Federal Government should facilitate the growth of electronic commerce by allowing the private sector to continue to take the lead in developing this dynamic global market, and refraining from undue regulatory measures whenever possible. The Government should unambiguously support the development of electronic commerce as a market-driven phenomenon, yet also signal its strong desire to promote and facilitate the growth of the electronic commerce market. (4) An important enabler for global electronic commerce is the ability of different systems to communicate and exchange data, referred to as system interoperability. The continued growth of electronic commerce depends on a fundamental set of technical standards that enable essential technologies to interoperate, and on a policy and legal framework that supports the development that the market demands in a timely manner. (5) Prompt adoption and deployment of relevant electronic commerce technologies and systems by Federal agencies allow the Government to share in the benefits of the electronic commerce revolution, which can result in reduced cost and increased efficiency, as well as improved quality. (6) Usage of the technologies will enable the Government to participate more directly and effectively as an active contributor in the collaborative efforts spearheaded by the private sector to develop the frameworks and standards necessary for systems and components to interoperate. This has the added benefit of allowing the Government to intercede as necessary in a timely manner, either in failure conditions or to remove barriers erected by foreign governments. (7) In actively deploying such technologies, the United States leadership in electronic commerce is strengthened and, at the same time, establishes a model for other governments and enables the growth of the global electronic commerce market. (8) Traditionally, small- and medium-sized enterprises play a critical role in enhancing the gross domestic product associated with a growing economic sector. Electronic commerce technologies have the potential to enable these businesses to enter the market with lower entry costs and compete more effectively. The United States Government has an inherent interest in ensuring that electronic commerce technologies are deployed widely by these small- and medium-sized businesses so that they can remain competitive in the global economy. SEC. 3. DEFINITIONS. In this Act: (1) Center.--The term ``Center'' means the Center of Excellence for Electronic Commerce. (2) Director.--The term ``Director'' means the Director of the National Institute of Standards and Technology. (3) Interoperability.--The term ``interoperability'' means the ability of different software systems, applications, and services to communicate and exchange data in a predictable and consistent manner. (4) Interoperability specification.--The term ``interoperability specification'' means the technical documents developed by formal domestic and international standard organizations, industry consortia, and any other informal industry collaborations, for the purpose of creating interoperable systems and technologies. (5) Institute.--The term ``Institute'' means the National Institute of Standards and Technology. (6) Matrix organization.--The term ``matrix organization'' means an organizational structure that is built based on coordinating the needed resources and expertise from other existing functional organizations. SEC. 4. PURPOSES. The purposes of this Act are-- (1) to enable the electronic commerce market to continue its current growth rate and realize its full potential by supporting the development of relevant standards and interoperability specifications; (2) to signal strong support of the electronic commerce market by promoting the use of electronic commerce technologies within Federal Government agencies; and (3) to establish a Center of Excellence in Electronic Commerce at the National Institute of Standards and Technology, which will act as a central resource for the Federal Government, promote the use of electronic commerce technologies, and represent the Government interest in private sector collaborative efforts to develop electronic commerce technologies and interoperability specifications. SEC. 5. CENTER OF EXCELLENCE FOR ELECTRONIC COMMERCE. (a) Establishment.--The Director shall establish an office within the Institute to be known as the Center of Excellence for Electronic Commerce. The Center shall be organized as a matrix organization built upon existing expertise and resources at the Institute. (b) Functions.--The Center shall-- (1) act as the centralized resource of information for Federal agencies in electronic commerce technologies and issues; (2) provide guidance to the Office of Management and Budget in developing policies pertaining to electronic commerce; (3) promote the use of electronic commerce technologies within Federal agencies and small- and medium-sized businesses; and (4) ensure that the interests of the United States Government are appropriately represented at both domestic and international meetings pertaining to the setting of interoperability specifications for electronic commerce technologies. (c) Activities.--In carrying out subsection (b), the Center shall-- (1) work with all the affected parts of the Institute, develop a plan for all efforts related to electronic commerce at the Institute, and coordinate these activities on an ongoing basis to achieve the stated functions; (2) coordinate and lead an inter-agency working group to address issues related to the introduction and deployment of electronic commerce technologies and systems in the Federal Government; (3) develop systems guidelines and reference implementations for use by Federal agencies which utilize electronic commerce interoperability specifications, consistent with section 2(b)(13) of the National Institute of Standards and Technology Act (15 U.S.C. 272(b)(13)) and section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 nt); (4) advise the Secretary of Commerce upon encountering abusive uses of standards as barriers to trade or as unfair commercial practices in the domestic and international arenas in the areas of electronic commerce; and (5) lead a coordinated effort with the Department of Commerce's Manufacturing Extension Program and with the Small Business Administration, consistent with the respective agencies' missions, to provide technical assistance to small- and medium-sized businesses on issues related to the deployment and use of electronic commerce technologies, including developing training modules and software toolkits. SEC. 6. REPORTS. (a) In General.--Within 6 months after the enactment of this Act, the Undersecretary of Technology shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science of the House of Representatives on the following issues concerning electronic commerce: (1) Current efforts and activities on electronic commerce in the Institute. (2) The current status of deployment of electronic commerce technologies in the Federal agencies, including any future plans. (3) Issues Federal agencies are expected to encounter in widespread deployment of electronic commerce technologies. (4) Any legislative revisions to existing Federal programs necessary to support the advancement of electronic commerce in both the Federal Government and industry. (b) Report.--Within 1 year after the date of enactment of this Act, the Director of the Institute, in collaboration with the inter-agency working group referred to in section 5(c)(2), shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science of the House of Representatives detailing the plan, proposed schedule, and associated costs and benefits for the deployment of electronic commerce technologies in the Federal agencies.

Requires a report from: (1) the Undersecretary of Technology on issues concerning electronic commerce; and (2) the Director detailing the plan, proposed schedule, and associated costs and benefits for the deployment of electronic commerce technologies in Federal agencies.

Electronic Commerce Technology Promotion Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Alpine Lakes Wilderness Additions and Pratt and Middle Fork Snoqualmie Rivers Protection Act''. SEC. 2. EXPANSION OF ALPINE LAKES WILDERNESS. (a) In General.--There is designated as wilderness and as a component of the National Wilderness Preservation System certain Federal land in the Mount Baker-Snoqualmie National Forest in the State of Washington comprising approximately 21,493 acres that is within the Proposed Alpine Lakes Wilderness Additions Boundary, as generally depicted on the map entitled ``HR 361, Alpine Lakes Wilderness Additions and Pratt and Middle Fork Snoqualmie Rivers Protection Act, 2013'' and dated October 25, 2013, which is incorporated in and shall be considered to be a part of the Alpine Lakes Wilderness. (b) Administration.-- (1) Management.--Subject to valid existing rights, the land designated as wilderness by subsection (a) shall be administered by the Secretary of Agriculture (referred to in this section as the ``Secretary''), in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), except that any reference in that Act to the effective date of that Act shall be considered to be a reference to the date of enactment of this Act, and in accordance with section 4 of this Act. (2) Military overflights.--Nothing in this section restricts or precludes-- (A) low-level overflights of military aircraft over the area designated as wilderness under this section, including military overflights that can be seen or heard within any wilderness area; (B) flight testing and evaluation; or (C) the designation or creation of new units of special use airspace, or the establishment of military flight training routes over the wilderness area. (3) Prevention of wildfires.--The designation of wilderness under this section shall not be construed to interfere with the authority of the Secretary of Agriculture to authorize mechanical thinning of trees or underbrush to prevent or control the spread of wildfires, or conditions creating the risk of wildfire that threaten areas outside the boundary of the wilderness, or the use of mechanized equipment for wildfire pre-suppression and suppression. (4) Map and description.-- (A) In general.--As soon as practicable after the date of enactment of this Act, the Secretary shall file a map and a legal description of the land designated as wilderness by subsection (a) with-- (i) the Committee on Natural Resources of the House of Representatives; and (ii) the Committee on Energy and Natural Resources of the Senate. (B) Force of law.--A map and legal description filed under subparagraph (A) shall have the same force and effect as if included in this Act, except that the Secretary may correct minor errors in the map and legal description. (C) Public availability.--The map and legal description filed under subparagraph (A) shall be filed and made available for public inspection in the appropriate office of the Forest Service. SEC. 3. WILD AND SCENIC RIVER DESIGNATIONS. Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by adding at the end the following: ``(__) Middle fork snoqualmie, washington.--Subject to subparagraph (C), the 27.4-mile segment from the headwaters of the Middle Fork Snoqualmie River near La Bohn Gap in NE 1/4 sec. 20, T. 24 N., R. 13 E., to the northern boundary of sec. 11, T. 23 N., R. 9 E., to be administered by the Secretary of Agriculture in the following classifications: ``(A) The approximately 6.4-mile segment from the headwaters of the Middle Fork Snoqualmie River near La Bohn Gap in NE 1/4 sec. 20, T. 24 N., R. 13 E., to the west section line of sec. 3, T. 23 N., R. 12 E., as a wild river. ``(B) The approximately 21-mile segment from the west section line of sec. 3, T. 23 N., R. 12 E., to the northern boundary of sec. 11, T. 23 N., R. 9 E., as a scenic river. ``(C) The Secretary of Agriculture may not acquire by condemnation any land or interest in land within the boundaries of the Wild and Scenic River segments designated by this paragraph. Private or non-Federal public property shall not be included within the boundaries of the Wild and Scenic River segments designated by this paragraph unless the owner of such property has consented in writing to having that property included in such boundaries. ``(__) Pratt river, washington.--The entirety of the Pratt River in the State of Washington, located in the Mount Baker- Snoqualmie National Forest, to be administered by the Secretary of Agriculture as a wild river. The Secretary of Agriculture may not acquire by condemnation any land or interest in land within the boundaries of the Wild and Scenic River segments designated by this paragraph. Private or non-Federal public property shall not be included within the boundaries of the Wild and Scenic River segments designated by this paragraph unless the owner of such property has consented in writing to having that property included in such boundaries.''. SEC. 4. ADJACENT LAND MANAGEMENT. Nothing in this Act-- (1) establishes or authorizes the establishment of a protective perimeter or buffer zone around the boundaries of the Wild and Scenic River segments or wilderness designated by this Act; or (2) precludes, limits, or restricts an activity from being conducted outside such boundaries, including an activity that can be seen or heard from within such boundaries.

Alpine Lakes Wilderness Additions and Pratt and Middle Fork Snoqualmie Rivers Protection Act - (Sec. 2) Designates certain land in the Mount Baker-Snoqualmie National Forest in the state of Washington, which shall be considered to become a part of the Alpine Lakes Wilderness, as wilderness and as a component of the National Wilderness Preservation System. Declares that this Act shall have no effect on overflights of military aircraft or the authority to carry out wildfire prevention activities. (Sec. 3) Amends the Wild and Scenic Rivers Act to designate segments of the Middle Fork Snoqualmie River as wild and scenic rivers and the entirety of the Pratt River as a wild river. Prohibits acquisition by condemnation of any land or interest in land within the boundaries of such river segments and excludes private or non-federal public property unless the owner of the property has consented in writing to having it included. (Sec. 4) Prohibits anything in this Act from: (1) establishing a protective perimeter or buffer zone around the boundaries of the wild and scenic river segments or wilderness designated by this Act, or (2) restricting an activity from being conducted outside such boundaries.

Alpine Lakes Wilderness Additions and Pratt and Middle Fork Snoqualmie Rivers Protection Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Strategy To Oppose Predatory Organ Trafficking Act'' or the ``STOP Organ Trafficking Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The World Health Organization (WHO) estimates that approximately 10 percent of all transplanted kidneys worldwide are illegally obtained, often bought from vulnerable impoverished persons or forcibly harvested from prisoners. (2) In 2004, the World Health Assembly passed a resolution urging its member-states to take measures to protect the poorest as well as vulnerable groups from exploitation by organ traffickers. (3) On February 13, 2008, the United Nations Global Initiative to Fight Human Trafficking (UNGIFT) hosted the ``Vienna Forum to Fight Human Trafficking'', and subsequently reported that a lack of adequate illicit organ trafficking laws has provided opportunity for the illegal trade to grow. (4) On March 21, 2011, the Council of the European Union adopted rules supplementing the definition of criminal offenses and the level of sanctions in order to strengthen the prevention of organ trafficking and the protection of those victims. (5) In 2005, the United States ratified the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, a supplement to the United Nations Convention against Transnational Organized Crime, which includes the removal of organs as a form of exploitation under the definition of ``trafficking in persons''. (6) According to a 2013 United Nations report from the Special Rapporteur on trafficking in persons, especially women and children, the economic and social divisions within and among countries is notably reflected in the illicit organ trafficking market, in which the victims are commonly poor, unemployed, and more susceptible to deceit and extortion. SEC. 3. SENSE OF CONGRESS. It is the sense of Congress that-- (1) the kidnapping or coercion of individuals for the purpose of extracting their organs for profit is in contradiction of the ideals and standards for ethical behavior upon which the United States has based its laws; (2) the illegal harvesting of organs from children is a violation of the human rights of the child and is a breach of internationally accepted medical ethical standards described in WHO Assembly Resolution 57.18 (May 22, 2004); (3) the illegal harvesting and trafficking of organs violates the Universal Declaration of Human Rights, in Article 3 which states that ``Everyone has the right to life, liberty and security of person.'', and in Article 4 which states that ``No one shall be held in slavery or servitude.''; and (4) establishing efficient voluntary organ donation systems with strong enforcement mechanisms is the most effective way to combat trafficking of persons for the removal of their organs. SEC. 4. STATEMENT OF POLICY. It shall be the policy of the United States to-- (1) combat the international trafficking of persons for the removal of their organs; (2) promote the establishment of voluntary organ donation systems with effective enforcement mechanisms in bilateral diplomatic meetings, as well as in international health forums; and (3) promote the dignity and security of human life in accordance with the Universal Declaration of Human Rights. SEC. 5. REVOCATION OR DENIAL OF PASSPORTS TO INDIVIDUALS WHO ARE ORGAN TRAFFICKERS. The Act entitled ``An Act to regulate the issue and validity of passports, and for other purposes'', approved July 3, 1926 (22 U.S.C. 211a et seq.), which is commonly known as the ``Passport Act of 1926'', is amended by adding at the end the following: ``SEC. 4. AUTHORITY TO DENY OR REVOKE PASSPORT. ``(a) Issuance.--The Secretary of State may refuse to issue a passport to any individual who has been convicted of an offense under section 301 of the National Organ Transplant Act (42 U.S.C. 274e) if such individual used a passport or otherwise crossed an international border in the commission of such an offence. ``(b) Revocation.--The Secretary of State may revoke a passport previously issued to any individual described in paragraph (1).''. SEC. 6. AMENDMENTS TO THE TRAFFICKING VICTIMS PROTECTION ACT OF 2000. (a) Definitions.--Section 103 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102) is amended-- (1) in paragraph (9)-- (A) in subparagraph (A), by striking ``or'' at the end; (B) in subparagraph (B), by striking the period at the end and inserting: ``; or''; and (C) by adding at the end the following new subparagraph: ``(C) trafficking of persons for the removal of their organs (as defined in paragraph (13)).''; (2) by redesignating paragraphs (13) through (15) as paragraphs (14) through (16), respectively; and (3) by inserting after paragraph (12) the following new paragraph: ``(13) Trafficking of persons for the removal of their organs.-- ``(A) In general.--The term `trafficking of persons for the removal of their organs' means the recruitment, transportation, transfer, harboring, or receipt of a person, either living or deceased, for the purpose of removing one or more of the person's organs, by means of-- ``(i) coercion; ``(ii) abduction; ``(iii) deception; ``(iv) fraud; ``(v) abuse of power or a position of vulnerability; or ``(vi) transfer of payments or benefits to achieve the consent of a person having control over a person described in the matter preceding clause (i). ``(B) Organ defined.--In subparagraph (A), the term `organ' has the meaning given the term `human organ' in section 301(c)(1) of the National Organ Transplant Act (42 U.S.C. 274e(c)(1)).''. (b) Interagency Task Force to Monitor and Combat Trafficking.-- Section 105(d)(3) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7103(d)(3)) is amended by inserting after the first sentence the following new sentence: ``Such procedures shall include collection and organization of data from human rights officers at United States embassies on host country's laws against trafficking of persons for the removal of their organs and any instances of violations of such laws.''. SEC. 7. REPORTING. (a) In General.--Not later than 1 year after the date of the enactment of this Act, and annually thereafter through 2024, the Secretary of State shall submit to the appropriate congressional committees a comprehensive report that includes the following information: (1) A description of the sources, practices, methods, facilitators, and recipients of trafficking of persons for the removal of their organs during the period covered by each such report. (2) A description of activities undertaken by the Department of State, either unilaterally or in cooperation with other countries, to address and prevent trafficking of persons for the removal of their organs. (3) A description of activities undertaken by countries to address and prevent trafficking of persons for the removal of their organs. (b) Matters To Be Included.--The reports required under subsection (a) shall include the collection and organization of data from human rights officers at United States diplomatic and consular posts on host countries' laws against trafficking of persons for the removal of their organs, including enforcement of such laws, or any instances of violations of such laws. (c) Additional Matters To Be Included.--The reports required under subsection (a) may include-- (1) information provided in meetings with host country officials; (2) information provided through cooperation with United Nations or World Health Organization agencies; (3) communications and reports provided by nongovernmental organizations working on the issue of trafficking of persons for the removal of their organs; and (4) any other reports or information sources the Secretary of State determines to be necessary and appropriate. SEC. 8. 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) Organ.--The term ``organ'' has the meaning given the term ``human organ'' in section 301(c)(1) of the National Organ Transplant Act (42 U.S.C. 274e(c)(1)). (3) Trafficking of persons for the removal of their organs.--The term ``trafficking of persons for the removal of their organs'' means the recruitment, transportation, transfer, harboring, or receipt of a person, either living or deceased, for the purpose of removing one or more of the person's organs, by means of-- (A) coercion; (B) abduction; (C) deception; (D) fraud; (E) abuse of power or a position of vulnerability; or (F) transfer of payments or benefits to achieve the consent of a person having control over a person described in the matter preceding clause (i). SEC. 9. LIMITATION ON FUNDS. No additional funds are authorized to be appropriated to carry out this Act or any amendment made by this Act. Passed the House of Representatives June 13, 2016. Attest: KAREN L. HAAS, Clerk.

Strategy To Oppose Predatory Organ Trafficking Act or the STOP Organ Trafficking Act (Sec. 3) This bill expresses the sense of Congress that: kidnapping or coercion of individuals to extract their organs for profit contradicts the standards for ethical behavior upon which the United States has based its laws; illegal harvesting of organs from children is a violation of the chid's human rights and a breach of international medical ethical standards; illegal harvesting and trafficking of human organs violates the Universal Declaration of Human Rights; and establishing efficient national organ donation systems with strong enforcement mechanisms is the most effective way to combat trafficking of persons for the removal of their organs. (Sec. 4) It shall be U.S. policy to: (1) combat trafficking of persons for the removal of their organs, (2) promote the establishment of voluntary organ donation systems with effective enforcement mechanisms, and (3) promote the dignity and security of human life. (Sec. 5) The Passport Act of 1926 is amended to authorize the Department of State to refuse to issue a passport to, and revoke a previously issued passport from, a person convicted of trafficking in human organs who used a passport or otherwise crossed an international border in committing such offense. (Sec. 6) The Trafficking Victims Protection Act of 2000 is amended to define "trafficking of persons for the removal of their organs" as the recruitment, transportation, transfer, harboring, or receipt of a person, either living or dead, for the purpose of removing one or more of the person's organs by: coercion, abduction, deception, fraud, abuse of power, or transfer of payments or benefits to achieve the consent of an individual having control over such person for the purpose of removing the person's organs. "Organ" means the human (including fetal) kidney, liver, heart, lung, pancreas, bone marrow, cornea, eye, bone, and skin or any subpart thereof and any other human organ specified by the Department of Health and Human Services. Trafficking of persons for the removal of their organs is included in the definition of "severe forms of trafficking in persons." The Interagency Task Force To Monitor and Combat Trafficking is tasked with collecting and organizing data from human rights officers at U.S. embassies on host country's laws against trafficking of persons for the removal of their organs and any instances of violations of such laws. (Sec. 7) The State Department shall report annually through 2024 to Congress regarding: (1) the trafficking of persons for the removal of their organs, and (2) preventive activities undertaken by the State Department and other countries.

Strategy To Oppose Predatory Organ Trafficking Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Expedited Consideration of Terminations, Reductions, and Savings Act of 2011''. SEC. 2. EXPEDITED CONSIDERATION OF TERMINATIONS, REDUCTIONS, AND SAVINGS PREPARED BY THE OFFICE OF MANAGEMENT AND BUDGET. (a) In General.--Part B of title X of the Congressional Budget and Impoundment Control Act of 1974 (2 U.S.C. 681 et seq.) is amended by redesignating sections 1013 through 1017 as sections 1014 through 1018, respectively, and inserting after section 1012 the following new section: ``terminations, reductions, and savings prepared by the office of management and budget ``Sec. 1013. (a) In General.--The President may propose, at the time and in the manner provided in subsection (b), the carrying out of all or part of the recommendations contained in the most recent Terminations, Reductions, and Savings prepared by the Office of Management and Budget. ``(b) Transmittal of Special Message.--Not later than 120 days after the publication of any Terminations, Reductions, and Savings prepared by the Office of Management and Budget, the President may transmit to Congress a special message to carry out all or part of the recommendations contained in that Terminations, Reductions, and Savings. The President shall include with that special message a draft bill or joint resolution that would carry out his recommendations. ``(c) Procedures for Expedited Consideration.-- ``(1)(A) Before the close of the second day of continuous session of the applicable House after the date of receipt of a special message transmitted to Congress under subsection (b), the majority leader or minority leader of the House of Congress in which the Act involved originated shall introduce (by request) the draft bill or joint resolution accompanying that special message. If the bill or joint resolution is not introduced as provided in the preceding sentence, then, on the third day of continuous session of that House after the date of receipt of that special message, any Member of that House may introduce the bill or joint resolution. ``(B) The bill or joint resolution shall be referred to the committee or committees with subject matter jurisdiction over that measure. The committee or committees shall report the bill or joint resolution without substantive revision and with or without recommendation. The bill or joint resolution shall be reported not later than the seventh day of continuous session of that House after the date of receipt of that special message. If a committee fails to report the bill or joint resolution within that period, that committee shall be automatically discharged from consideration of the bill or joint resolution, and the bill or joint resolution shall be placed on the appropriate calendar. ``(C) A vote on final passage of the bill or joint resolution shall be taken in that House on or before the close of the 10th calendar day of continuous session of that House after the date of the introduction of the bill or joint resolution in that House. If the bill or joint resolution is agreed to, the Clerk of the House of Representatives (in the case of a bill or joint resolution agreed to in the House of Representatives) or the Secretary of the Senate (in the case of a bill or joint resolution agreed to in the Senate) shall cause the bill or joint resolution to be engrossed, certified, and transmitted to the other House of Congress on the same calendar day on which the bill or joint resolution is agreed to. ``(2)(A) A bill or joint resolution transmitted to the House of Representatives or the Senate pursuant to paragraph (1)(C) shall be referred to the committee or committees of jurisdiction of that House. The committee or committees shall report the bill or joint resolution without substantive revision and with or without recommendation. The bill or joint resolution shall be reported not later than the seventh day of continuous session of that House after it receives the bill or joint resolution. A committee failing to report the bill or joint resolution within such period shall be automatically discharged from consideration of the bill or joint resolution, and the bill or joint resolution shall be placed upon the appropriate calendar. ``(B) A vote on final passage of a bill or joint resolution transmitted to that House shall be taken on or before the close of the 10th calendar day of continuous session of that House after the date on which the bill or joint resolution is transmitted. If the bill or joint resolution is agreed to in that House, the Clerk of the House of Representatives (in the case of a bill or joint resolution agreed to in the House of Representatives) or the Secretary of the Senate (in the case of a bill or joint resolution agreed to in the Senate) shall cause the engrossed bill or joint resolution to be returned to the House in which the bill or joint resolution originated. ``(3)(A) A motion in the House of Representatives to proceed to the consideration of a bill or 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 bill or joint resolution under this section shall not exceed 4 hours, which shall be divided equally between those favoring and those opposing the bill or joint resolution. A motion further to limit debate shall not be debatable. It shall not be in order to move to recommit a bill or joint resolution under this section or to move to reconsider the vote by which the bill or joint resolution is agreed to or disagreed to. ``(C) Appeals from decisions of the Chair relating to the application of the Rules of the House of Representatives to the procedure relating to a bill or 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 bill or joint resolution under this section shall be governed by the Rules of the House of Representatives. ``(4)(A) A motion in the Senate to proceed to the consideration of a bill or 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 bill or joint resolution under this section, and all debatable motions and appeals in connection therewith, shall not exceed 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 bill or 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 bill or joint resolution, except that in the event the manager of the bill or 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 bill or 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 bill or joint resolution under this section is not debatable. A motion to recommit a bill or joint resolution under this section is not in order. ``(d) Amendments Prohibited.--No amendment to a bill or 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 to suspend the application of this subsection by unanimous consent. ``(e) Definitions.--For purposes of this section continuity of a session of either House of Congress shall be considered as broken only by an adjournment of that House sine die, and the days on which that House is not in session because of an adjournment of more than 3 days to a date certain shall be excluded in the computation of any period.''. (b) Exercise of Rulemaking Powers.--Section 904 of such Act (2 U.S.C. 621 note) is amended-- (1) by striking ``and 1017'' in subsection (a) and inserting ``1013, and 1018''; and (2) by striking ``section 1017'' in subsection (d) and inserting ``sections 1013 and 1018''. (c) Conforming Amendments.-- (1) Section 1011 of such Act (2 U.S.C. 682(5)) is amended-- (A) in paragraph (4), by striking ``1013'' and inserting ``1014''; and (B) in paragraph (5)-- (i) by striking ``1016'' and inserting ``1017''; and (ii) by striking ``1017(b)(1)'' and inserting ``1018(b)(1)''. (2) Section 1015 of such Act (2 U.S.C. 685) (as redesignated by subsection (a)) is amended-- (A) by striking ``1012 or 1013'' each place it appears and inserting ``1012, 1013, or 1014''; (B) in subsection (b)(1), by striking ``1012'' and inserting ``1012 or 1013''; (C) in subsection (b)(2), by striking ``1013'' and inserting ``1014''; and (D) in subsection (e)(2)-- (i) by striking ``and'' at the end of subparagraph (A); (ii) by redesignating subparagraph (B) as subparagraph (C); (iii) by striking ``1013'' in subparagraph (C) (as so redesignated) and inserting ``1014''; and (iv) by inserting after subparagraph (A) the following new subparagraph: ``(B) he has transmitted a special message under section 1013 with respect to a proposed rescission; and''. (d) Clerical Amendments.--The table of sections for subpart B of title X of such Act is amended-- (1) by redesignating the items relating to sections 1013 through 1017 as items relating to sections 1014 through 1018; and (2) by inserting after the item relating to section 1012 the following new item: ``Sec. 1013. Expedited consideration of certain proposed rescissions.''. SEC. 3. TERMINATION. The authority provided by section 1013 of the Congressional Budget and Impoundment Control Act of 1974 (as added by section 2) shall terminate effective on the date in 2015 on which the Congress adjourns sine die.

Expedited Consideration of Terminations, Reductions, and Savings Act of 2011 - Amends the Congressional Budget and Impoundment Control Act of 1974 to authorize the President to propose to carry out all or part of the recommendations contained in the most recent Terminations, Reductions, and Savings prepared by the Office of Management and Budget (OMB). Sets forth requirements for the President's transmittal to Congress of a special message regarding such proposal, including a draft bill or joint resolution to carry it out. Prescribes procedures for expedited congressional consideration of the legislation. Makes it out of order in both chambers to: (1) consider an amendment to such legislation; or (2) entertain a motion to suspend this prohibition, including by unanimous consent.

To establish procedures for the expedited consideration by Congress of the recommendations set forth in the Terminations, Reductions, and Savings report prepared by the Office of Management and Budget.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Worker Right to Know Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) The United States Supreme Court announced in the landmark decision, Communications Workers of America v. Beck (487 U.S. 735), that employees who work under a union security agreement, and are required to pay union dues as a condition of employment, may not be forced to contribute through such dues to union-supported political, legislative, social, or charitable causes with which they disagree, and may only be required to pay dues related to collective bargaining, contract administration, and grievance adjustment necessary to performing the duties of exclusive representation. (2) Little action has been taken by the National Labor Relations Board to facilitate the ability of employees to exercise their right to object to the use of their union dues for political, legislative, social, or charitable purposes, or other activities not necessary to performing the duties of the exclusive representative of employees in dealing with the employer on labor-management issues, and the Board only recently issued its first ruling implementing the Beck decision nearly 8 years after the Supreme Court issued the opinion. (3) The evolution of the right enunciated in the Beck decision has diminished its meaningfulness because employees are forced to forego critical workplace rights bearing on their economic well-being in order to object to the use of their dues for purposes unrelated to collective bargaining, to rely on the very organization they are challenging to make the determination regarding the amount of dues necessary to the union's representational function, and do not have access to clear and concise financial records that provide an accurate accounting of how union dues are spent. SEC. 3. PURPOSE. The purpose of this Act is to ensure that workers who are required to pay union dues as a condition of employment have adequate information about how the money they pay in dues to a union is spent and to remove obstacles to the ability of working people to exercise their right to object to the use of their dues for political, legislative, social, or charitable causes with which they disagree, or for other activities not necessary to performing the duties of the exclusive representative of employees in dealing with the employer on labor-management issues. SEC. 4. WORKER CHOICE. (a) Rights of Employees.--Section 7 of the National Labor Relations Act is amended by striking ``membership'' and all that follows and inserting the following: ``the payment to a labor organization of dues or fees related to collective bargaining, contract administration, or grievance adjustment necessary to performing the duties of exclusive representation as a condition of employment as authorized in section 8(a)(3).''. (b) Unfair Labor Practices.--Section 8(a)(3) of such Act is amended by striking ``membership therein'' and inserting ``the payment to such labor organization of dues or fees related to collective bargaining, contract administration, or grievance adjustment necessary to performing the duties of exclusive representation''. SEC. 5. WORKER CONSENT. (a) Written Agreement.--Section 8 of the National Labor Relations Act is amended by adding at the end the following: ``(h) An employee subject to an agreement between an employer and a labor organization requiring the payment of dues or fees to such organization as authorized in section 8(a)(3) may not be required to pay to such organization, nor may such organization accept payment of, any dues or fees not related to collective bargaining, contract administration, or grievance adjustment necessary to performing the duties of exclusive representation unless the employee has agreed to pay such dues or fees in a signed written agreement that must be renewed between the first day of September and the first day of October of each year. Such signed written agreement shall include a ratio, certified by an independent auditor, of the dues or fees related to collective bargaining, contract administration, or grievance adjustment necessary to performing the duties of exclusive representation and the dues or fees related to other purposes.''. (b) Written Assignment.--Section 302(c)(4) of the Labor Management Relations Act, 1947 is amended by inserting before the semicolon the following: ``: Provided further, That no amount may be deducted for dues unrelated to collective bargaining, contract administration, or grievance adjustment necessary to performing the duties of exclusive representation unless a written assignment authorizes such a deduction''. SEC. 6. WORKER NOTICE. Section 8 of the National Labor Relations Act is amended by adding at the end the following: ``(i) An employer shall be required to post a notice, of such size and in such form as the Board shall prescribe, in conspicuous places in and about its plants and offices, including all places where notices to employees are customarily posted, informing employees of their rights under section 7 of this Act and clarifying to employees that an agreement requiring the payment of dues or fees to a labor organization as a condition of employment as authorized in subsection (a)(3) may only require that employees pay to such organization any dues or fees related to collective bargaining, contract administration, or grievance adjustment necessary to performing the duties of exclusive representation. A copy of such notice shall be provided to each employee not later than 10 days after the first day of employment.''. SEC. 7. WORKER ECONOMIC RIGHTS. Section 8(b)(1) of the National Labor Relations Act is amended by inserting after ``therein;'' the following: ``except that, an employee subject to an agreement between an employer and a labor organization requiring as a condition of employment the payment of dues or fees to such organization as authorized in subsection (a)(3), who pays such dues or fees, shall have the same right to participate in the affairs of the organization related to collective bargaining, contract administration, or grievance adjustment as any member of the organization;''. SEC. 8. DISCLOSURE TO WORKERS. (a) Expenses Reporting.--Section 201(b) of the Labor-Management Reporting and Disclosure Act of 1959 is amended by adding at the end the following new sentence: ``Every labor organization shall be required to attribute and report expenses by function classification in such detail as necessary to allow its members to determine whether such expenses were related to collective bargaining, contract administration, or grievance adjustment necessary to performing the duties of exclusive representation or were related to other purposes.''. (b) Disclosure.--Section 201(c) of the Labor-Management Reporting and Disclosure Act of 1959 is amended-- (1) by inserting ``and employees required to pay any dues or fees to such organization'' after ``members''; and (2) inserting ``or employee required to pay any dues or fees to such organization'' after ``member'' each place it appears. (c) Regulations.--The Secretary of Labor shall prescribe such regulations as are necessary to carry out the amendments made by this section not later than 120 days after the date of the enactment of this Act. SEC. 9. EFFECTIVE DATE. This Act shall take effect on the date of enactment, except that the requirements contained in the amendments made by sections 5 and 6 shall take effect 60 days after the date of the enactment of this Act.

Worker Right to Know Act - Amends the National Labor Relations Act (NLRA) to limit the scope of allowable union security agreements to requiring employee payment of union dues or fees related only to collective bargaining, contract administration, or grievance adjustment necessary to performing the duties of exclusive representation. Requires, under NLRA, employee consent in an annual signed written agreement before a union may accept that employee's payment of dues or fees for purposes beyond the scope of the union security agreement as limited by this Act. Requires such an agreement to include a ratio of the dues or fees related to the limited purposes and those related to other purposes. Amends the Labor Management Relations Act, 1947 to prohibit payroll deduction for union dues unrelated to the limited scope purposes, unless a written agreement authorizes such deduction. Requires, under NLRA, employers to post notice of worker rights to organize and collectively bargain, as well as of the limited scope of any union security agreement. Directs the National Labor Relations Board to prescribe the size and form of such notice. Provides, under NLRA, that employees subject to union security agreements who pay dues and fees for the required limited purposes shall have the same right as any union member to participate in union affairs related to such purposes (collective bargaining, contract administration, or grievance adjustment). Amends the Labor-Management Reporting and Disclosure Act of 1959 to require every labor union to attribute and report expenses by function classification in detail necessary to allow its members to determine whether such expenses were related to collective bargaining, contract administration, or grievance adjustment necessary to performing the duties of exclusive representation or were related to other purposes. Requires disclosure under such Act to employees required to pay any union dues or fees (under a union security agreement) as well as to union members. Directs the Secretary of Labor to prescribe related regulations.

Worker Right to Know Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Grow Our Own Directive: Physician Assistant Employment and Education Act of 2016''. SEC. 2. PILOT PROGRAM TO PROVIDE EDUCATIONAL ASSISTANCE TO PHYSICIAN ASSISTANTS TO BE EMPLOYED AT THE DEPARTMENT OF VETERANS AFFAIRS. (a) Pilot Program.-- (1) In general.--The Secretary of Veterans Affairs shall carry out a pilot program to be known as the ``Grow Our Own Directive'' or ``G.O.O.D.'' pilot program (in this section referred to as the ``pilot program'') to provide educational assistance to certain former members of the Armed Forces for education and training as physician assistants of the Department of Veterans Affairs. (2) Information on pilot program.--The Secretary shall provide information on the pilot program to eligible individuals under subsection (b), including information on application requirements and a list of entities with which the Secretary has partnered under subsection (g). (b) Eligible Individuals.--An individual is eligible to participate in the pilot program if the individual-- (1) has medical or military health experience gained while serving as a member of the Armed Forces; (2) has received a certificate, associate degree, baccalaureate degree, master's degree, or postbaccalaureate training in a science relating to health care; (3) has participated in the delivery of health care services or related medical services, including participation in military training relating to the identification, evaluation, treatment, and prevention of diseases and disorders; and (4) does not have a degree of doctor of medicine, doctor of osteopathy, or doctor of dentistry. (c) Duration.--The pilot program shall be carried out during the five-year period beginning on the date that is 180 days after the date of the enactment of this Act. (d) Selection.-- (1) In general.--The Secretary shall select not less than 250 eligible individuals under subsection (b) to participate in the pilot program. (2) Priority for selection.--In selecting individuals to participate in the pilot program under paragraph (1), the Secretary shall give priority to the following individuals: (A) Individuals who participated in the Intermediate Care Technician Pilot Program of the Department that was carried out by the Secretary between January 2011 and February 2015. (B) Individuals who agree to be employed as a physician assistant for the Veterans Health Administration at a medical facility of the Department located in a community that-- (i) is designated as a medically underserved population under section 330(b)(3)(A) of the Public Health Service Act (42 U.S.C. 254b(b)(3)(A)); and (ii) is in a State with a per capita population of veterans of more than 9 percent according to the National Center for Veterans Analysis and Statistics and the United States Census Bureau. (e) Educational Assistance.-- (1) In general.--In carrying out the pilot program, the Secretary shall provide educational assistance to individuals participating in the pilot program, including through the use of scholarships, to cover the costs to such individuals of obtaining a master's degree in physician assistant studies or a similar master's degree. (2) Use of existing programs.--In providing educational assistance under paragraph (1), the Secretary shall use the Department of Veterans Affairs Health Professionals Educational Assistance Program under chapter 76 of title 38, United States Code, and such other educational assistance programs of the Department as the Secretary considers appropriate. (3) Use of scholarships.--The Secretary shall provide not less than 35 scholarships under the pilot program to individuals participating in the pilot program during each year in which the pilot program is carried out. (f) Period of Obligated Service.-- (1) In general.--The Secretary shall enter into an agreement with each individual participating in the pilot program in which such individual agrees to be employed as a physician assistant for the Veterans Health Administration for a period of obligated service specified in paragraph (2). (2) Period specified.--With respect to each individual participating in the pilot program, the period of obligated service specified in this paragraph for the individual is-- (A) if the individual is participating in the pilot program through a program described in subsection (e)(2) that specifies a period of obligated service, the period specified with respect to such program; or (B) if the individual is participating in the pilot program other than through a program described in such subsection, or if such program does not specify a period of obligated service, a period of three years or such other period as the Secretary considers appropriate for purposes of the pilot program. (g) Breach.-- (1) Liability.--Except as provided in paragraph (2), an individual who participates in the pilot program and fails to satisfy the period of obligated service under subsection (f) shall be liable to the United States, in lieu of such obligated service, for the amount that has been paid or is payable to or on behalf of the individual under the pilot program, reduced by the proportion that the number of days served for completion of the period of obligated service bears to the total number of days in the period of obligated service of such individual. (2) Exception.--If an individual is participating in the pilot program through a program described in subsection (e)(2) that specifies a period of obligated service, the liability of the individual for failing to satisfy the period of obligated service under subsection (f) shall be determined as specified with respect to such program. (h) Mentors.--The Secretary shall ensure that a physician assistant mentor or mentors are available for individuals participating in the pilot program at each facility of the Veterans Health Administration at which a participant in the pilot program is employed. (i) Partnerships.--In carrying out the pilot program, the Secretary shall seek to partner with the following: (1) Not less than 15 institutions of higher education that-- (A) offer a master's degree program in physician assistant studies or a similar area of study that is accredited by the Accreditation Review Commission on Education for the Physician Assistant; and (B) agree-- (i) to guarantee seats in such master's degree program for individuals participating in the pilot program who meet the entrance requirements for such master's degree program; and (ii) to provide individuals participating in the pilot program with information on admissions criteria and the admissions process. (2) Other institutions of higher education that offer programs in physician assistant studies or other similar areas of studies that are accredited by the Accreditation Review Commission on Education for the Physician Assistant. (3) The Transition Assistance Program of the Department of Defense. (4) The Veterans' Employment and Training Service of the Department of Labor. (5) Programs carried out under chapter 41 of title 38, United States Code, for the purpose of marketing and advertising the pilot program to veterans and members of the Armed Forces who may be interested in the pilot program. (j) Administration of Pilot Program.--For purposes of carrying out the pilot program, the Secretary shall appoint or select within the Office of Physician Assistant Services of the Veterans Health Administration the following: (1) A Deputy Director for Education and Career Development of Physician Assistants who-- (A) is a physician assistant, a veteran, and employed by the Department as of the date of the enactment of this Act; (B) is responsible for-- (i) overseeing the pilot program; (ii) recruiting candidates to participate in the pilot program; (iii) coordinating with individuals participating in the pilot program and assisting those individuals in applying and being admitted to a master's degree program under the pilot program; and (iv) providing information to eligible individuals under subsection (b) with respect to the pilot program; and (C) may be employed in the field at a medical center of the Department. (2) A Deputy Director of Recruitment and Retention who-- (A) is a physician assistant, a veteran, and employed by the Department as of the date of the enactment of this Act; (B) is responsible for-- (i) identifying and coordinating the needs of the pilot program and assist the Secretary in providing mentors under subsection (h) to participants in the pilot program; and (ii) coordinating the staff of facilities of the Veterans Health Administration with respect to identifying employment positions and mentors under subsection (h) for participants in the pilot program; and (C) may be employed in the field at a medical center of the Department. (3) A recruiter who-- (A) reports directly to the Deputy Director of Recruitment and Retention; and (B) works with the Workforce Management and Consulting Office and the Healthcare Talent Management Office of the Veterans Health Administration to develop and implement national recruiting strategic plans for the recruitment and retention of physician assistants within the Department. (4) An administrative assistant, compensated at a rate not less than level GS-6 of the General Schedule, or equivalent, who assists with administrative duties relating to the pilot program in the Office of Physician Assistant Services and such other duties as determined by the Secretary to ensure that the Office runs effectively and efficiently. (k) Report.-- (1) In general.--Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs, in collaboration with the Secretary of Labor, the Secretary of Defense, and the Secretary of Health and Human Services, shall submit to Congress a report on the pilot program. (2) Elements.--The report required by paragraph (1) shall include the following: (A) The extent to which the pilot program is effective in improving the ability of eligible individuals under subsection (b) to become physician assistants; (B) An examination of whether the pilot program is achieving the goals of-- (i) enabling individuals to build on medical skills gained as members of the Armed Forces by entering into the physician assistant workforce of the Department; and (ii) helping to meet the shortage of physician assistants employed by the Department. (C) An identification of such modifications to the pilot program as the Secretary of Veterans Affairs, the Secretary of Labor, the Secretary of Defense, and the Secretary of Health and Human Services consider necessary to meet the goals described in subparagraph (B). (D) An assessment of whether the pilot program could serve as a model for other programs of the Department to assist individuals in obtaining certification and employment in other health care fields. Amend the title so as to read: ``A bill to require the Secretary of Veterans Affairs to carry out a pilot program to provide educational assistance to certain former members of the Armed Forces for education and training as physician assistants of the Department of Veterans Affairs.''.

Grow Our Own Directive: Physician Assistant Employment and Education Act of 2016 (Sec. 2) This bill directs the Department of Veterans Affairs (VA) to carry out a five-year Grow Our Own Directive or G.O.O.D. pilot program to provide educational assistance to certain former members of the Armed Forces for education and training as VA physician assistants. The VA shall provide eligible individuals with program information about application requirements and partner entities. An individual is eligible to participate in the pilot program who: has medical or military health experience; has received a certificate, associate degree, baccalaureate degree, master's degree, or postbaccalaureate training in a science relating to health care; has participated in the delivery of health care services or related medical services, including military training regarding identification, treatment, and prevention of diseases and disorders; and does not have a degree of doctor of medicine, osteopathy, or dentistry. The VA shall select at least 250 pilot program participants and give priority to persons who: participated in the Intermediate Care Technician Pilot Program between January 2011 and February 2015, and agree to be employed as a Veterans Health Administration (VHA) physician assistant in a community designated as a medically underserved population located in a state with a per capita veterans population of more than 9%. The VA shall: provide educational assistance to pilot program participants for the costs of obtaining a master's degree in physician assistant studies or a similar master's degree, use VA educational assistance programs to provide such assistance, and provide at least 35 scholarships to pilot program participants each year. The VA shall enter into an agreement with each pilot program participant to serve a period of obligated service as a VHA physician assistant. An individual who breaches such agreement shall be liable to the United States for a prorated portion of the amount paid to such individual under the program. The VA shall ensure that a physician assistant mentor is available at each VHA facility that employs a pilot program participant. The VA shall seek to partner with: at least 15 institutions of higher education that offer an accredited master's degree program in physician assistant studies or a similar area of study and agree to guarantee places for qualifying pilot program participants, other accredited institutions of higher education that offer similar programs, the Transition Assistance Program of the Department of Defense, the Veterans' Employment and Training Service of the Department of Labor, and pilot program marketing and advertising programs. For purposes of carrying out the pilot program, the VA shall appoint or select within the VHA's Office of Physician Assistant Services: (1) a Deputy Director for Education and Career Development of Physician Assistants, (2) a Deputy Director of Recruitment and Retention, (3) a recruiter, and (4) an administrative assistant.

Grow Our Own Directive: Physician Assistant Employment and Education Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``Terrorist Death Penalty Enhancement Act of 2005''. TITLE I--TERRORIST PENALTIES ENHANCEMENT ACT SEC. 101. TERRORIST OFFENSE RESULTING IN DEATH. (a) New Offense.--Chapter 113B of title 18, United States Code, is amended by adding at the end the following: ``Sec. 2339E. Terrorist offenses resulting in death ``(a) Whoever, in the course of committing a terrorist offense, engages in conduct that results in the death of a person, shall be punished by death or imprisoned for any term of years or for life. ``(b) As used in this section, the term `terrorist offense' means-- ``(1) a Federal felony offense that is-- ``(A) a Federal crime of terrorism as defined in section 2332b(g) except to the extent such crime is an offense under section 1363; or ``(B) an offense under this chapter, section 175, 175b, 229, or 831, or section 236 of the Atomic Energy Act of 1954; or ``(2) a Federal offense that is an attempt or conspiracy to commit an offense described in paragraph (1).''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 113B of title 18, United States Code, is amended by adding at the end the following new item: ``2339E. Terrorist offenses resulting in death.''. SEC. 102. DENIAL OF FEDERAL BENEFITS TO TERRORISTS. (a) In General.--Chapter 113B of title 18, United States Code, as amended by section 101 of this title, is further amended by adding at the end the following: ``Sec. 2339F. Denial of Federal benefits to terrorists ``(a) An individual or corporation who is convicted of a terrorist offense (as defined in section 2339E) shall, as provided by the court on motion of the Government, be ineligible for any or all Federal benefits for any term of years or for life. ``(b) As used in this section, the term `Federal benefit' has the meaning given that term in section 421(d) of the Controlled Substances Act, and also includes any assistance or benefit described in section 115(a) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, with the same limitations and to the same extent as provided in section 115 of that Act with respect to denials of benefits and assistance to which that section applies.''. (b) Clerical Amendment.--The table of sections at the beginning of the chapter 113B of title 18, United States Code, as amended by section 101 of this title, is further amended by adding at the end the following new item: ``2339E. Denial of Federal benefits to terrorists.''. SEC. 103. DEATH PENALTY PROCEDURES FOR CERTAIN AIR PIRACY CASES OCCURRING BEFORE ENACTMENT OF THE FEDERAL DEATH PENALTY ACT OF 1994. Section 60003 of the Violent Crime Control and Law Enforcement Act of 1994, (Public Law 103-322), is amended, as of the time of its enactment, by adding at the end the following: ``(c) Death Penalty Procedures for Certain Previous Aircraft Piracy Violations.--An individual convicted of violating section 46502 of title 49, United States Code, or its predecessor, may be sentenced to death in accordance with the procedures established in chapter 228 of title 18, United States Code, if for any offense committed before the enactment of the Violent Crime Control and Law Enforcement Act of 1994 (Public Law 103-322), but after the enactment of the Antihijacking Act of 1974 (Public Law 93-366), it is determined by the finder of fact, before consideration of the factors set forth in sections 3591(a)(2) and 3592(a) and (c) of title 18, United States Code, that one or more of the factors set forth in former section 46503(c)(2) of title 49, United States Code, or its predecessor, has been proven by the Government to exist, beyond a reasonable doubt, and that none of the factors set forth in former section 46503(c)(1) of title 49, United States Code, or its predecessor, has been proven by the defendant to exist, by a preponderance of the information. The meaning of the term `especially heinous, cruel, or depraved', as used in the factor set forth in former section 46503(c)(2)(B)(iv) of title 49, United States Code, or its predecessor, shall be narrowed by adding the limiting language `in that it involved torture or serious physical abuse to the victim', and shall be construed as when that term is used in section 3592(c)(6) of title 18, United States Code.''. SEC. 104. ENSURING DEATH PENALTY FOR TERRORIST OFFENSES WHICH CREATE GRAVE RISK OF DEATH. (a) Addition of Terrorism to Death Penalty Offenses not Resulting in Death.--Section 3591(a)(1) of title 18, United States Code, is amended by inserting ``, section 2339D,'' after ``section 794''. (b) Modification of Aggravating Factors for Terrorism Offenses.-- Section 3592(b) of title 18, United States Code, is amended-- (1) in the heading, by inserting ``, terrorism,'' after ``espionage''; and (2) by inserting immediately after paragraph (3) the following: ``(4) Substantial planning.--The defendant committed the offense after substantial planning.''. TITLE II--PREVENTION OF TERRORIST ACCESS TO DESTRUCTIVE WEAPONS ACT SEC. 201. DEATH PENALTY FOR CERTAIN TERROR RELATED CRIMES. (a) Participation in Nuclear and Weapons of Mass Destruction Threats to the United States.--Section 832(c) of title 18, United States Code, is amended by inserting ``punished by death or'' after ``shall be''. (b) Missile Systems to Destroy Aircraft.--Section 2332g(c)(3) of title 18, United States Code, is amended by inserting ``punished by death or'' after ``shall be''. (c) Atomic Weapons.--Section 222b. of the Atomic Energy Act of 1954 (42 U.S.C. 2272) is amended by inserting ``death or'' before ``imprisonment for life''. (d) Radiological Dispersal Devices.--Section 2332h(c)(3) of title 18, United States Code, is amended by inserting ``death or'' before ``imprisonment for life''. (e) Variola Virus.--Section 175c(c)(3) of title 18, United States Code, is amended by inserting ``death or'' before ``imprisonment for life''. TITLE III--FEDERAL DEATH PENALTY PROCEDURES SEC. 301. MODIFICATION OF DEATH PENALTY PROVISIONS. (a) Elimination of Procedures Applicable Only to Certain Controlled Substances Act Cases.--Section 408 of the Controlled Substances Act (21 U.S.C. 848) is amended by striking subsection (g) and all that follows through subsection (r). (b) Modification of Mitigating Factors.--Section 3592(a)(4) of title 18, United States Code, is amended-- (1) by striking ``Another'' and inserting ``The Government could have, but has not, sought the death penalty against another''; and (2) by striking ``, will not be punished by death''. (c) Modification of Aggravating Factors for Offenses Resulting in Death.--Section 3592(c) of title 18, United States Code, is amended-- (1) in paragraph (7), by inserting ``or by creating the expectation of payment,'' after ``or promise of payment,''; (2) in paragraph (1), by inserting ``section 2339D (terrorist offenses resulting in death),'' after ``destruction),''; (3) by inserting immediately after paragraph (16) the following: ``(17) Obstruction of justice.--The defendant engaged in any conduct resulting in the death of another person in order to obstruct investigation or prosecution of any offense.''. (d) Additional Ground for Impaneling New Jury.--Section 3593(b)(2) of title 18, United States Code, is amended-- (1) by striking ``or'' at the end of subparagraph (C); (2) by inserting after subparagraph (D) the following: ``(E) a new penalty hearing is necessary due to the inability of the jury to reach a unanimous penalty verdict as required by section 3593(e); or''. (e) Juries of Less Than 12 Members.--Subsection (b) of section 3593 of title 18, United States Code, is amended by striking ``unless'' and all that follows through the end of the subsection and inserting ``unless the court finds good cause, or the parties stipulate, with the approval of the court, a lesser number.''. (f) Impaneling of New Jury When Unanimous Recommendation Cannot Be Reached.--Section 3594 of title 18, United States Code, is amended by inserting after the first sentence the following: ``If the jury is unable to reach any unanimous recommendation under section 3593(e), the court, upon motion by the Government, may impanel a jury under section 3593(b)(2)(E) for a new sentencing hearing.''. (g) Peremptory Challenges.--Rule 24(c) of the Federal Rules of Criminal Procedure is amended-- (1) in paragraph (1), by striking ``6'' and inserting ``9''; and (2) in paragraph (4), by adding at the end the following: ``(C) Seven, eight or nine alternates.--Four additional peremptory challenges are permitted when seven, eight, or nine alternates are impaneled.''.

Terrorist Death Penalty Enhancement Act of 2005 - Amends the federal criminal code to apply the death penalty or life imprisonment for a terrorist offense that results in the death of a person. Makes an individual or corporation convicted of a terrorist offense ineligible for federal benefits for any term of years or for life. Amends the Violent Crime Control and Law Enforcement Act of 1994 to make the death penalty available in certain air piracy cases occurring before enactment of the Federal Death Penalty Act of 1994 but after enactment of the Antihijacking Act of 1974. Narrows the language of "especially heinous, cruel, or depraved" by requiring that the act involved torture or serious physical abuse to the victim. Includes among aggravating factors for espionage, treason, and terrorism for which the death penalty may be imposed that the defendant committed the offense after substantial planning. Authorizes imposition of the death penalty for specified terrorism-related offenses, including an offense involving the use of a radiological dispersal device or the variola virus. Modifies death penalty procedures, including by adding as an aggravating factor for homicide for which the death penalty may be imposed that the defendant engaged in any conduct resulting in the death of another person in order to obstruct the investigation or prosecution of any offense. Authorizes impaneling a new jury when a unanimous recommendation cannot be reached. Permits four additional peremptory challenges when seven, eight, or nine alternates are impaneled.

To provide the death penalty for certain terrorism related crimes and make other modifications of law relating to the penalty of death.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Commission to Study Family Reconstruction Proposals for African-Americans Unjustly Impacted by the `War on Drugs' Act of 2016''. SEC. 2. ESTABLISHMENT AND DUTIES. (a) Establishment.--There is established the Commission to Study Family Reconstruction Proposals for African-Americans Unjustly Impacted by the ``War on Drugs'' (hereinafter in this Act referred to as the ``Commission''). (b) Duties.--The Commission shall perform the following duties: (1) Examine the disparate incarceration and the institution of forced prison labor which has existed within the African- American community in the United States since the ratification of Amendment XIII to the United States Constitution on December 6, 1865. The Commission's examination shall include an examination of-- (A) the rates of arrest and imprisonment of African-Americans compared to the broader American public for drug crimes; (B) the rates at which African-Americans were imprisoned for comparable crimes to non-African- Americans; (C) the rates at which African-Americans were imprisoned due to mandatory minimums and how these minimums differed from comparable charges; and (D) the financial and sociological impact of these conditions on African-American prisoners and their families. (2) Examine the extent to which the Federal and State governments of the United States have supported the mass incarceration of African-Americans, the extent to which such governments have profited, both through cost-savings and direct revenue, and the extent to which said revenue was used to reduce recidivism and encourage post-incarceration reintegration. (3) Examine the extent to which private corporations have supported the mass incarceration of African-Americans, the extent to which such corporations have profited, both through cost-savings and direct revenue, and the extent to which said revenue was used to reduce recidivism and encourage post- incarceration reintegration. (4) Examine Federal and State laws that have discriminated against African-American prisoners and their families. (5) Examine other forms of discrimination in the public and private sectors against freed African-American prisoners and their families. (6) Examine the lingering negative effects of the mass incarceration of African-Americans. (7) Recommend appropriate ways to educate the American public of the Commission's findings. (8) Recommend appropriate remedies in consideration of the Commission's findings on the matters described in paragraphs (1), (2), (3), and (4). In making such recommendations, the Commission shall address among other issues, the following questions: (A) Whether the Government of the United States should offer a formal apology on behalf of the people of the United States to the African-American victims of the ``War on Drugs'' and their descendants. (B) Whether African-Americans and the broader African-American community still suffer from the lingering effects of the matters described in paragraphs (1), (2), (3), and (4). (C) Whether, in consideration of the Commission's findings, any form of compensation to the victims of the ``War on Drugs'' and their descendants is warranted. (D) If the Commission finds that such compensation is warranted, what should be the amount of compensation, what form of compensation should be awarded, and who should be eligible for such compensation. (c) Report to Congress.--The Commission shall submit a written report of its findings and recommendations to the Congress not later than the date which is one year after the date of the first meeting of the Commission held pursuant to section 4(c). Such report shall also be made available to the public via the Commission's website. SEC. 3. MEMBERSHIP. (a) Number and Appointment.--(1) The Commission shall be composed of 15 members, who shall be appointed within 90 days after the date of enactment of this Act, as follows: (A) Three members shall be appointed by the President. (B) Three members shall be appointed by the Speaker of the House of Representatives. (C) Three members shall be appointed by the President pro tempore of the Senate. (D) Three members shall be appointed by the Minority Leader of the House of Representatives. (E) Three members shall be appointed by the Minority Leader of the Senate. (2) All members of the Commission shall be persons who are especially qualified to serve on the Commission by virtue of their education, training, or experience, particularly in the field of African-American studies, Sociology, and/or Economics. (b) Terms.--The term of office for members shall be for the life of the Commission. A vacancy in the Commission shall not affect the powers of the Commission and shall be filled in the same manner in which the original appointment was made. (c) First Meeting.--The President shall call the first meeting of the Commission within 120 days after the date of the enactment of this Act or within 30 days after the date on which legislation is enacted making appropriations to carry out this Act, whichever date is later. (d) Quorum.--Eight members of the Commission shall constitute a quorum, but a lesser number may hold hearings. (e) Chair and Vice Chair.--The Commission shall elect a Chair and Vice Chair from among its members. The term of office of each shall be for the life of the Commission. (f) Compensation.--(1) Except as provided in paragraph (2), each member of the Commission shall receive compensation at the daily equivalent of the annual rate of basic pay payable for GS-18 of the General Schedule under section 5332 of title 5, United States Code, for each day, including travel time, during which he or she is engaged in the actual performance of duties vested in the Commission. (2) A member of the Commission who is a full-time officer or employee of the United States or a Member of Congress shall receive no additional pay, allowances, or benefits by reason of his or her service to the Commission. (3) All members of the Commission shall be reimbursed for travel, subsistence, and other necessary expenses incurred by them in the performance of their duties to the extent authorized by chapter 57 of title 5, United States Code. SEC. 4. POWERS OF THE COMMISSION. (a) Hearings and Sessions.--The Commission may, for the purpose of carrying out the provisions of this Act, hold such hearings and sit and act at such times and at such places in the United States, and request the attendance and testimony of such witnesses and the production of such books, records, correspondence, memoranda, papers, and documents, as the Commission considers appropriate. The Commission may request the Attorney General to invoke the aid of an appropriate United States district court to require, by subpoena or otherwise, such attendance, testimony, or production. (b) Powers of Subcommittees and Members.--Any subcommittee or member of the Commission may, if authorized by the Commission, take any action which the Commission is authorized to take by this section. (c) Obtaining Official Data.--The Commission may acquire directly from the head of any department, agency, or instrumentality of the Federal Government, available information which the Commission considers useful in the discharge of its duties. All departments, agencies, and instrumentalities of the Federal Government shall cooperate with the Commission with respect to such information and shall furnish all information requested by the Commission to the extent permitted by law. SEC. 5. ADMINISTRATIVE PROVISIONS. (a) Staff.--The Commission may, without regard to section 5311(b) of title 5, United States Code, appoint and fix the compensation of such personnel as the Commission considers appropriate. (b) Applicability of Certain Civil Service Laws.--The 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 without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, except that the compensation of any employee of the Commission may not exceed a rate equal to the annual rate of basic pay payable for GS-18 of the General Schedule under section 5332 of title 5, United States Code. (c) Experts and Consultants.--The Commission may procure the services of experts and consultants in accordance with the provisions of section 3109(b) of title 5, United States Code, but at rates for individuals not to exceed the daily equivalent of the highest rate payable under section 5332 of such title. (d) Administrative Support Services.--The Commission may enter into agreements with the Administrator of General Services for procurement of financial and administrative services necessary for the discharge of the duties of the Commission. Payment for such services shall be made by reimbursement from funds of the Commission in such amounts as may be agreed upon by the Chairman of the Commission and the Administrator. (e) Contracts.--The Commission may-- (1) procure supplies, services, and property by contract in accordance with applicable laws and regulations and to the extent or in such amounts as are provided in appropriations Acts; and (2) enter into contracts with departments, agencies, and instrumentalities of the Federal Government, State agencies, and private firms, institutions, and agencies, for the conduct of research or surveys, the preparation of reports, and other activities necessary for the discharge of the duties of the Commission, to the extent or in such amounts as are provided in appropriations Acts. SEC. 6. TERMINATION. The Commission shall terminate 90 days after the date on which the Commission submits its report to the Congress under section 3(c). The Commission's report shall continue to be available via a publicly accessible website. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. To carry out the provisions of this Act, there are authorized to be appropriated $10,000,000.

Commission to Study Family Reconstruction Proposals for African-Americans Unjustly Impacted by the "War on Drugs" Act of 2016 This bill establishes a commission to examine and report on: the disparate incarceration and the institution of forced prison labor within the African-American community, government and private sector support for and profit from mass incarceration, discriminatory laws and other forms of discrimination in the public and private sectors, and the lingering negative effects of mass incarceration. The commission must make recommendations for education and remedies.

Commission to Study Family Reconstruction Proposals for African-Americans Unjustly Impacted by the "War on Drugs" Act of 2016

SECTION 1. AUTHORITY TO PROVIDE PRIORITY HEALTH CARE. (a) Authorized Inpatient Care.--Section 1710(e) of title 38, United States Code, is amended-- (1) in paragraph (1), by striking out subparagraphs (A) and (B) and inserting in lieu thereof the following: ``(e)(1)(A) A herbicide-exposed veteran is eligible for hospital care and nursing home care under subsection (a)(1)(G) for any disease suffered by the veteran that is-- ``(i) among those diseases for which the National Academy of Sciences, in a report issued in accordance with section 2 of the Agent Orange Act of 1991, has determined-- ``(I) that there is sufficient evidence to conclude that there is a positive association between occurrence of the disease in humans and exposure to a herbicide agent; ``(II) that there is evidence which is suggestive of an association between occurrence of the disease in humans and exposure to a herbicide agent, but such evidence is limited in nature; or ``(III) that available studies are insufficient to permit a conclusion about the presence or absence of an association between occurrence of the disease in humans and exposure to a herbicide agent; or ``(ii) a disease for which the Secretary, pursuant to a recommendation of the Under Secretary for Health on the basis of a peer-reviewed research study or studies published within 20 months after the most recent report of the National Academy under section 2 of the Agent Orange Act of 1991, determines there is credible evidence suggestive of an association between occurrence of the disease in humans and exposure to a herbicide agent. ``(B) A radiation-exposed veteran is eligible for hospital care and nursing home care under subsection (a)(1)(G) for any disease suffered by the veteran that is-- ``(i) a disease listed in section 1112(c)(2) of this title; or ``(ii) any other disease for which the Secretary, based on the advice of the Advisory Committee on Environmental Hazards, determines that there is credible evidence of a positive association between occurrence of the disease in humans and exposure to ionizing radiation.''; (2) in paragraph (2)-- (A) by striking out ``Hospital'' and inserting in lieu thereof ``In the case of a veteran described in paragraph (1)(C), hospital''; and (B) by striking out ``subparagraph'' and all that follows through ``subsection'' and inserting in lieu thereof ``paragraph (1)(C)''; (3) in paragraph (3), by striking out ``of this section after June 30, 1995,'' and inserting in lieu thereof ``, in the case of care for a veteran described in paragraph (1)(A), after December 31, 1997,''; and (4) by adding at the end the following new paragraph: ``(4) For purposes of this subsection and section 1712 of this title: ``(A) The term `herbicide-exposed veteran' means a veteran (i) who served on active duty in the Republic of Vietnam during the Vietnam era, and (ii) who the Secretary finds may have been exposed during such service to a herbicide agent. ``(B) The term `herbicide agent' has the meaning given that term in section 1116(a)(4) of this title. ``(C) The term `radiation-exposed veteran' has the meaning given that term in section 1112(c)(4) of this title.''. (b) Authorized Outpatient Care.--Section 1712 of such title is amended-- (1) in subsection (a)(1)-- (A) by striking out ``and'' at the end of subparagraph (C); (B) by striking out the period at the end of subparagraph (D) and inserting in lieu thereof a semicolon; (C) by adding at the end the following new subparagraphs: ``(E) during the period before January 1, 1998, to any herbicide-exposed veteran (as defined in section 1710(e)(4)(A) of this title) for any disease specified in section 1710(e)(1)(A) of this title; and ``(F) to any radiation-exposed veteran (as defined in section 1112(c)(4) of this title) for any disease covered under section 1710(e)(1)(B) of this title.''; and (2) in subsection (i)(3)-- (A) by striking out ``(A)''; and (B) by striking out ``, or (B)'' and all that follows through ``title''. SEC. 2. SAVINGS PROVISION. The provisions of sections 1710(e) and 1712(a) of title 38, United States Code, as in effect on the day before the date of the enactment of this Act, shall continue to apply on and after such date with respect to the furnishing of hospital care, nursing home care, and medical services for any veteran who was furnished such care or services before such date of enactment on the basis of presumed exposure to a substance or radiation under the authority of those provisions, but only for treatment for a disability for which such care or services were furnished before such date. Passed the House of Representatives June 27, 1995. Attest: ROBIN H. CARLE, Clerk.

Makes a veteran exposed to herbicides in Vietnam during the Vietnam era eligible for hospital and nursing home care for any disease for which the National Academy of Sciences (NAS), in a report issued under the Agent Orange Act of 1991, has determined that: (1) there is sufficient evidence to conclude a positive association between the occurrence of the disease and exposure to a herbicide; (2) there is evidence suggestive of such an association, though the evidence is limited; or (3) available studies are insufficient to permit such a conclusion. Makes such veterans eligible for such care also for a disease for which the Secretary of Veterans Affairs, pursuant to a recommendation of the Under Secretary for Health based on peer-reviewed research studies published after the most recent NAS report, determines that there is credible evidence suggestive of an association between disease occurrence and herbicide exposure. Makes a veteran exposed to radiation during a period of active duty for training or inactive duty training eligible for hospital and nursing home care for: (1) any diseases currently listed in Federal provisions which presume a relation between such disease and a veteran's disability; or (2) any disease for which the Secretary determines there is credible evidence of a positive association between the occurrence of such disease and exposure to ionizing radiation. Extends through December 31, 1997, the authorized period for the provision of hospital, nursing home, and outpatient care for certain veterans, including those herbicide- or radiation-exposed veterans described in this Act.

To amend title 38, United States Code, to extend through December 31, 1997, the period during which the Secretary of Veterans Affairs is authorized to provide priority health care to certain veterans exposed to Agent Orange, ionizing radiation, or environmental hazards.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Coal Refuse Reclamation Act''. SEC. 2. CREDIT FOR COAL REFUSE USED TO PRODUCE ELECTRICITY AT CERTAIN FACILITIES. (a) In General.--Section 45(e) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(12) Coal refuse facilities.-- ``(A) Determination of credit amount.--The credit determined under this section (without regard to this subparagraph) for any taxable year shall be increased by an amount equal to $12 per ton of coal refuse used at a coal refuse facility to produce electricity at such facility during the 10-year period beginning on January 1, 2018. ``(B) Tons of coal refuse.--For purposes of subparagraph (A), the tons of coal refuse used by an owner of a coal refuse facility shall be as set forth in Schedule 4, Part A (Fossil Fuel Stocks at the End of the Reporting Period and the Data Balance) of the U.S. Energy Information Administration Form-EIA923 Power Plant Operations Report (or any amended, successor, or similar form). ``(C) Credit eligibility.--In the case of a facility described in subparagraph (A), if the owner of such facility is not the producer of the electricity, the person eligible for the increase in credit determined under subparagraph (A) shall be the lessee or the operator of such facility. ``(D) Application of rules.--Rules similar to the rules of paragraphs (1), (3), and (5) of this subsection shall apply for purposes of determining the amount of any increase under this paragraph. ``(E) Exemption from passive and at-risk limitations.--Sections 465 and 469 shall not apply with respect to any increase under this paragraph.''. (b) Coal Refuse Facility Defined.--Section 45(d) of such Code is amended by adding at the end the following new paragraph: ``(12) Coal refuse facility.--In the case of a facility using coal refuse to produce electricity, the term `coal refuse facility' means any facility-- ``(A) which was originally placed in service prior to January 1, 2018, and combusts coal refuse or fuel composed of at least 75 percent coal refuse by BTU energy value, and ``(B) uses-- ``(i) at a minimum, a circulating fluidized bed combustion unit or a pressurized fluidized bed combustion unit equipped with a limestone injection system, for control of acid gases, and ``(ii) a fabric filter particulate emission control system.''. (c) Coal Refuse.--Section 45(c) of such Code is amended by adding at the end the following new paragraph: ``(11) Coal refuse.--The term `coal refuse' means any waste coal, rock, shale, slurry, culm, gob, boney, slate, clay and related materials associated with or near a coal seam that are either brought aboveground or otherwise removed from a coal mine in the process of mining coal or that are separated from coal during the cleaning or preparation operations. Such term includes underground development wastes, coal processing wastes and excess spoil, but does not include overburden from surface mining activities.''. (d) Allowance of Credit Against Alternative Minimum Tax.--Section 38(c)(4)(B)(v) of such Code is amended by inserting ``or section 45(e)(12) (relating to coal refuse facilities)'' before the comma at the end. (e) Advance Payment of Credit.--Subchapter B of chapter 65 of such Code is amended by adding at the end the following new section: ``SEC. 6433. ELECTIVE PAYMENT FOR COAL REFUSE FACILITIES. ``(a) In General.--Any person electing the application of this section with respect to any eligible coal refuse facility shall be treated as making a payment against the tax imposed by subtitle A for the taxable year equal to the amount of the credit that would be determined under section 45 for such facility for such year. Except as provided in subsection (b), such payment shall be treated as made on the later of the due date of the return of such tax or the date on which such return is filed. ``(b) Quarterly Election.-- ``(1) In general.--At the close of any quarter of the taxable year of any taxpayer entitled to a credit with respect to an eligible coal refuse facility, if a claim is filed under this section, the Secretary shall pay (without interest) an amount equal to the credit determined under section 45 for such quarter, calculated as if such credit were determined on a quarterly basis and as if the tons of coal refuse under section 45(e)(12)(B) were reported quarterly on Schedule 4, Part A (Fossil Fuel Stocks at the End of the Reporting Period and the Data Balance) of the U.S. Energy Information Administration Form-EIA923 Power Plant Operations Report (or any amended, successor, or similar form). ``(2) Time for filing claim.--No claim filed under this subsection (b) shall be allowed unless filed during the first quarter following the last quarter included in the claim. ``(3) Payment of claim.--Notwithstanding paragraph (1) of this subsection, if the Secretary has not paid pursuant to a claim filed under this section within 45 days of the date of the filing of such claim (20 days in the case of an electronic claim), the claim shall be paid with interest from such date determined by using the overpayment rate and method under section 6621. ``(c) Special Rules for Partnerships and S Corporations.--In the case of an eligible coal refuse facility owned or used by a partnership or an S corporation-- ``(1) the elections under subsection (a) or (b) may be made only by such partnership or S corporation, ``(2) such partnership or S corporation shall be treated as making the payment referred to in subsection (a) only to the extent of the proportionate share of such partnership or S corporation as is owned by persons who would be treated as making such payment if the property were owned or used by such persons, and ``(3) the return required to be made by such partnership or S corporation under section 6031 or 6037 (as the case may be) shall be treated as a return of tax for purposes of subsection (a). ``(d) Coordination With Production Credits.--In the case of any eligible coal refuse facility with respect to which an election is made under subsection (a) or (b), no credit shall be determined under section 45 with respect to such facility for the taxable year in which such election is made. ``(e) Eligible Coal Refuse Facility.--The term `eligible coal refuse facility' means a facility eligible for a credit during the taxable year pursuant to section 45(d)(12). ``(f) Exclusion From Gross Income.--Any credit or refund allowed or made by reason of this section shall not be includible in gross income or alternative minimum taxable income. ``(g) Regulations.--The Secretary may by regulations prescribe the conditions, not inconsistent with the provisions of this section, under which payments may be made under this section.''. (f) Effective Date.--The amendments made by this section shall apply to coal refuse used to produce electricity after December 31, 2017, in taxable years beginning after such date.

Coal Refuse Reclamation Act This bill amends the Internal Revenue Code to allow a tax credit for facilities that use coal refuse to produce electricity. The credit is equal to $12 per ton of coal refuse used at a coal refuse facility to produce electricity at the facility during the 10-year period beginning on January 1, 2018. To qualify for the credit, the facility must have been originally placed in service prior to January 1, 2018, and combust coal refuse or fuel composed of at least 75% coal refuse by BTU energy value. The facility must also use: (1) at a minimum, a circulating fluidized bed combustion unit or a pressurized fluidized bed combustion unit equipped with a limestone injection system, for control of acid gases; and (2) a fabric filter particulate emission control system. The bill defines "coal refuse" as any waste coal, rock, shale, slurry, culm, gob, boney, slate, clay and related materials associated with or near a coal seam that are either brought aboveground or otherwise removed from a coal mine in the process of mining coal or that are separated from coal during the cleaning or preparation operations. The term includes underground development wastes, coal processing wastes and excess spoil, but does not include overburden from surface mining activities.

Coal Refuse Reclamation Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Prohibition of Cigarette Vending Machines Accessible to Minors in Federal Buildings and Lands Act''. SEC. 2. FINDINGS. The Congress finds that-- (1) cigarette smoking and the use of smokeless tobacco products continue to represent major health hazards to the Nation, causing more than 420,000 deaths each year; (2) cigarette smoking continues to be the single most preventable cause of death and disability in the United States; (3) tobacco products contain hazardous additives, gases, and other chemical constituents dangerous to health; (4) the use of tobacco products costs the United States more than $50,000,000,000 in direct health care costs, with more than $21,000,000,000 of these costs being paid by government funds; (5) tobacco products contain nicotine, a poisonous, addictive drug; (6) all States prohibit the sale of tobacco products to minors, but enforcement has been ineffective or nonexistent and tobacco products remain one of the least regulated consumer products in the United States; (7) over the past decade, little or no progress has been made in reducing tobacco use among teenagers and recently, teenage smoking rates appear to be rising; (8) more than two-thirds of smokers smoke their first cigarette before the age of 14, and 90 percent of adult smokers did so by age 18; (9) 516,000,000 packs of cigarettes are consumed by minors annually, at least half of which are illegally sold to minors; (10) reliable studies indicate that tobacco use is a gateway to illicit drug use; and (11) the Federal Government has a major policy setting role in ensuring that the use of tobacco products among minors is discouraged to the maximum extent possible. SEC. 3. DEFINITIONS. As used in this Act-- (1) the term ``Federal agency'' means-- (A) an Executive agency as defined in section 105 of title 5, United States Code; and (B) each entity specified in subparagraphs (B) through (H) of section 5721(1) of title 5, United States Code; (2) the term ``Federal building'' means-- (A) any building or other structure owned in whole or in part by the United States or any Federal agency, including any such structure occupied by a Federal agency under a lease agreement; and (B) includes the real property on which such building is located; (3) the term ``minor'' means an individual under the age of 18 years; and (4) the term ``tobacco product'' means cigarettes, cigars, little cigars, pipe tobacco, smokeless tobacco, snuff, and chewing tobacco. SEC. 4. TOBACCO PRODUCTS VENDING MACHINE AND FREE SAMPLE BAN IN FEDERAL BUILDINGS. (a) In General.--No later than 45 days after the date of the enactment of this Act, the Administrator of General Services and the head of each Federal agency shall promulgate regulations that prohibit-- (1) the sale of tobacco products in vending machines located in or around any Federal building under the jurisdiction of the Administrator or such agency head; and (2) the distribution of free samples of tobacco products in or around any Federal building under the jurisdiction of the Administrator or such agency head. (b) Exception.--The Administrator of General Services or the head of an agency, as appropriate, may designate areas not subject to the provisions of subsection (a), if such area also prohibits the presence of minors. (c) Jurisdiction of Federal Buildings and Administration.--The provisions of this section shall be carried out-- (1) by the Administrator of General Services for any Federal building which is maintained, leased, or has title of ownership vested in the General Services Administration; or (2) by the head of a Federal agency for any Federal building which is maintained, leased, or has title of ownership vested in such agency. SEC. 5. COMPLIANCE REPORT. No later than 90 days after the date of enactment of this Act, the Administrator of General Services and each head of an agency shall prepare and submit, to the appropriate committees of Congress, a report that shall contain-- (1) verification that the Administrator or such head of an agency is in compliance with this Act; and (2) a detailed list of the location of all tobacco product vending machines located in Federal buildings under the administration of the Administrator or such head of an agency. SEC. 6. APPLICATION TO THE UNITED STATES CAPITOL AND GROUNDS. (a) In General.--No later than 45 days after the date of the enactment of this Act, the Senate Committee on Rules and Administration and the House of Representatives Committee on House Administration, after consultation with the Architect of the Capitol, shall promulgate regulations that-- (1) prohibit the sale of tobacco products in vending machines in the Capitol Buildings; and (2) prohibit the distribution of free samples of tobacco products in the Capitol Buildings. (b) Exception.--Such committees may designate areas where such prohibition shall not apply, if such area also prohibits the presence of minors. (c) Definition.--For the purpose of this section the term ``Capitol Buildings'' shall have the same meaning as such term is defined under section 16(a)(1) of the Act entitled ``An Act to define the area of the United States Capitol Grounds, to regulate the use thereof, and for other purposes'', approved July 31, 1946 (40 U.S.C. 193m(1)). SEC. 7. RULE OF CONSTRUCTION. Nothing in this Act shall be construed as restricting the authority of the Administrator of General Services or the head of an agency to limit tobacco product use in or around any Federal building, except as provided under section 4(a).

Prohibition of Cigarette Vending Machines Accessible to Minors in Federal Buildings and Lands Act - Requires promulgation of Federal regulations that prohibit the sale of tobacco products in vending machines and the distribution of free samples of tobacco products: (1) in or around any Federal building under the jurisdiction of the Administrator of General Services or the head of a Federal agency; and (2) in Capitol buildings. Allows exceptions for areas that prohibit the presence of minors.

Prohibition of Cigarette Vending Machines Accessible to Minors in Federal Buildings and Lands Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Meth Exposure to the Home Disclosure Act'' or the ``METH Disclosure Act''. SEC. 2. FINDINGS. Congress finds that-- (1) since 2007, there has been a net increase in methamphetamine laboratory incidents across the United States, as the number of incidents has risen from 6,858 in 2007 to 9,240 in 2014, with a peak of 15,217 in 2010; (2) 23 States have laws that require landlords to inform new renters or potential buyers if a building was previously used as a methamphetamine lab, but the Drug Enforcement Agency estimates that only 5 percent of homes used to make methamphetamine in the United States are disclosed; (3) research shows that for every pound of methamphetamine created by a lab, 5 pounds of toxic waste is produced, most of which becomes airborne and is subsequently absorbed by other objects, such as carpets, furniture, drywall, and countertops; (4) the toxic waste that does not become airborne can remain as residue in bathtubs, toilets, sinks, and floors if it is spilled or not disposed of properly, and without proper cleaning, these harmful chemicals can remain in the affected buildings for years; (5) harmful methamphetamine by-products include propane fuel, lithium, sodium hydroxide, and solvents like benzene, acetone, and hexane, all of which can have negative and lasting effects on families and children in particular; (6) coming into contact with these substances has been shown to cause dry mouth, nose bleeds, respiratory issues, issues with the brain, liver, and kidneys, birth defects, and reproductive problems; (7) solvents like acetone can cause death, while chronic inhalation of hexane can cause significant damage to the central nervous system, and the by-product benzene has been linked to anemia and leukemia in adults as well as children; (8) testing for methamphetamine and harmful by-products of methamphetamine is relatively simple and inexpensive; (9) once a family or business has moved into an affected building, properly cleaning and sterilizing the building can cost up to $10,000, and such an expense can represent a crippling and unexpected financial burden on families and businesses in the United States; and (10) a law requiring landlords to disclose information about the previous methamphetamine usage of a building could prevent unnecessarily exposing millions of people in the United States to potentially lethal circumstances, and the Federal Government must therefore take initiative on this issue to preserve the health and financial stability of the people of the United States. SEC. 3. DISCLOSURE OF INFORMATION CONCERNING THE MANUFACTURE OF METHAMPHETAMINE UPON TRANSFER OR LEASE OF COVERED HOUSING. (a) Definitions.--In this section-- (1) the term ``covered housing''-- (A) means any housing that is a dwelling unit, including the grounds, outbuildings, fences, structures, and, where applicable, common areas; and (B) does not include housing that, as of the date on which a seller or lessor sells or leases the housing, is-- (i) newly constructed; or (ii) has never been occupied; (2) the term ``methamphetamine-based hazard'' means any condition that causes exposure to any hazardous substance or pollutant or contaminant associated with the manufacture of methamphetamine that would result in adverse human health effects, as established by the appropriate Federal agency; and (3) the term ``Secretary'' means the Secretary of Housing and Urban Development. (b) Disclosure in Purchase and Sale or Lease of Covered Housing.-- (1) In general.--Not later than 180 days after the date of enactment of this Act, the Secretary, in coordination with the Administrator of the Environmental Protection Agency and any other Federal agency with knowledge of methamphetamine-based hazards, shall promulgate regulations for the disclosure of methamphetamine-based hazards in covered housing that is offered for sale or lease. (2) Requirements.--The regulations promulgated under paragraph (1) shall require that-- (A) before the purchaser or lessee is obligated under any contract to purchase or lease covered housing, the seller or lessor shall-- (i) provide a written disclosure to the purchaser or lessee-- (I) of any knowledge of whether methamphetamine was manufactured in the covered housing; and (II) of the presence of any known methamphetamine-based hazards in the covered housing; and (ii) allow the purchaser or lessee a 10-day period (unless the parties mutually agree upon a different period of time) to conduct a risk assessment or inspection for the presence of methamphetamine-based hazards; and (B) each contract for the purchase or lease of covered housing shall contain a statement signed by the seller and purchaser or the lessor and lessee, as applicable, that-- (i) the seller or lessor has made the written disclosures required under subparagraph (A)(i); and (ii) the purchaser or lessee had a 10-day opportunity (unless the parties mutually agreed upon a different period of time or waived the opportunity) before becoming obligated under the contract to purchase or lease the covered housing to conduct a risk assessment or inspection for the presence of methamphetamine- based hazards. (3) Compliance assurance.--Whenever a seller or lessor has entered into a contract with an agent for the purpose of selling or leasing a unit of covered housing, the regulations promulgated under paragraph (1) shall require the agent, on behalf of the seller or lessor, to ensure compliance with the requirements of this section. (4) Investigative authority of the secretary.-- (A) Investigations.--The Secretary may-- (i) conduct such investigations as may be necessary to administer and carry out the duties of the Secretary under this section; and (ii) in carrying out clause (i), administer oaths and require by subpoena the production of documents and the attendance and testimony of witnesses as the Secretary deems advisable. (B) Enforcement.--Any district court of the United States within the jurisdiction of which an inquiry is carried, on application of the Attorney General, may, in the case of contumacy, failure, or refusal to permit entry under this section or to obey a subpoena of the Secretary issued under subparagraph (A), issue an order requiring such entry or such compliance therewith, and any failure to obey such order of the court may be punished by such court as a contempt thereof. (c) Penalties for Violations.-- (1) In general.--Any person who knowingly violates any provision of this section shall be jointly and severally liable to-- (A) the purchaser or lessee of the covered housing, as applicable, in an amount equal to-- (i) any costs associated with-- (I) the remediation or clean-up of the covered housing to remove any methamphetamine-based hazards; and (II) any health-related injuries or ailments related to methamphetamine- based hazards in the covered housing; and (ii) reasonable attorney's fees associated with the claim; and (B) the Secretary, for civil money penalties in accordance with section 102(f) of the Department of Housing and Urban Development Reform Act of 1989 (42 U.S.C. 3545(f)). (2) Enjoinment.--The Secretary may take such lawful action as may be necessary to enjoin any violation of this section. (d) Validity of Contracts and Liens.--Nothing in this section shall-- (1) affect the validity or enforceability of-- (A) any sale or contract for the purchase and sale or lease of any interest in covered housing; or (B) any loan, loan agreement, mortgage, or lien made or arising in connection with a mortgage loan; or (2) create a defect in title. (e) Effective Date.--The regulations promulgated under subsection (b)(1) shall take effect on the date that is 1 year after the date of enactment of this Act. (f) Authorization of Appropriations.--For purposes of carrying out this section, there are authorized to be appropriated-- (1) $500,000 for fiscal year 2017; (2) $1,000,000 for fiscal year 2018; and (3) $2,000,000 for each of fiscal years 2019, 2020, and 2021.

Meth Exposure to the Home Disclosure Act or the METH Disclosure Act This bill directs the Department of Housing and Urban Development (HUD), in coordination with the Environmental Protection Agency and any other federal agency with knowledge of methamphetamine-based hazards, to promulgate regulations meeting certain criteria for the disclosure of methamphetamine-based hazards in housing (other than newly constructed or never occupied housing) offered for sale or lease. "Methamphetamine-based hazard" means any condition that causes exposure to any hazardous substance, pollutant, or contaminant associated with the manufacture of methamphetamine that would result in adverse human health effects. HUD may carry out necessary investigations, and any U.S. district court within the jurisdiction of which one is carried out may issue orders for compliance with it. The bill prescribes civil money penalties for violations of this Act.

METH Disclosure Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Oil Speculation Control Act of 2008''. SEC. 2. DEFINITION OF INSTITUTIONAL INVESTOR. (a) Definition.--Section 1a of the Commodity Exchange Act (7 U.S.C. 1a) is amended-- (1) by redesignating paragraphs (22) through (34) as paragraphs (23) through (35), respectively; and (2) by inserting after paragraph (21) the following: ``(22) Institutional investor.--The term `institutional investor' means a long-term investor in financial markets (including pension funds, endowments, and foundations) that-- ``(A) invests in energy commodities as an asset class in a portfolio of financial investments; and ``(B) does not take or make physical delivery of energy commodities on a frequent basis, as determined by the Commission.''. (b) Conforming Amendments.-- (1) Section 13106(b)(1) of the Food, Conservation, and Energy Act of 2008 is amended by striking ``section 1a(32)'' and inserting ``section 1a''. (2) Section 402(d)(1)(B) of the Legal Certainty for Bank Products Act of 2000 (7 U.S.C. 27(d)(1)(B)) is amended by striking ``section 1a(33)'' and inserting ``section 1a''. SEC. 3. INSPECTOR GENERAL. Section 2(a) of the Commodity Exchange Act (7 U.S.C. 2(a)) is amended by adding at the end the following: ``(13) Inspector general.-- ``(A) Office.--There shall be in the Commission, as an independent office, an Office of the Inspector General. ``(B) Appointment.--The Office shall be headed by an Inspector General, appointed in accordance with the Inspector General Act of 1978 (5 U.S.C. App.). ``(C) Compensation.--The Inspector General shall be compensated at the rate provided for level IV of the Executive Schedule under section 5315 of title 5, United States Code. ``(D) Administration.--The Inspector General shall exert independent control of the budget allocations, expenditures, and staffing levels, personnel decisions and processes, procurement, and other administrative and management functions of the Office.''. SEC. 4. TRADING PRACTICES REVIEW WITH RESPECT TO INDEX TRADERS, SWAP DEALERS, AND INSTITUTIONAL INVESTORS. Section 4 of the Commodity Exchange Act (7 U.S.C. 6) is amended by adding at the end the following: ``(e) Trading Practices Review With Respect to Index Traders, Swap Dealers, and Institutional Investors.-- ``(1) Review.-- ``(A) In general.--Not later than 30 days after the date of enactment of this subsection, the Commission shall carry out a review of the trading practices of index traders, swap dealers, and institutional investors in markets under the jurisdiction of the Commission-- ``(i) to ensure that index trading is not adversely impacting the price discovery process; ``(ii) to determine whether different practices or regulations should be implemented; and ``(iii) to gather data for use in proposing regulations to limit the size and influence of institutional investor positions in commodity markets. ``(B) Emergency authority.--For the 60-day period described in subparagraph (A), in accordance with each applicable rule adopted under section 5(d)(6), the Commission shall exercise the emergency authority of the Commission to prevent institutional investors from increasing the positions of the institutional investors in-- ``(i) energy commodity futures; and ``(ii) commodity future index funds. ``(2) Report.--Not later than 30 days after the date described in paragraph (1)(A), the Commission shall submit to the appropriate committees of Congress a report that contains recommendations for such legislation as the Commission determines to be necessary to limit the size and influence of institutional investor positions in commodity markets.''. SEC. 5. BONA FIDE HEDGING TRANSACTIONS OR POSITIONS. Section 4a(c) of the Commodity Exchange Act (7 U.S.C. 6a(c)) is amended by striking ``(c) No rule'' and inserting the following: ``(c) Bona Fide Hedging Transactions or Positions.-- ``(1) Definition of bona fide hedging transaction or position.--The term `bona fide hedging transaction or position' means a transaction or position that represents a hedge against price risk exposure relating to physical transactions involving an energy commodity. ``(2) Application with respect to bona fide hedging transactions or positions.--No rule''. SEC. 6. SPECULATION LIMITS RELATING TO SPECULATORS IN ENERGY MARKETS. Section 4a of the Commodity Exchange Act (7 U.S.C. 6a) is amended by adding at the end the following: ``(f) Speculation Limits Relating to Speculators in Energy Markets.-- ``(1) Definition of speculator.--In this subsection, the term `speculator' includes any institutional investor or investor of an investment fund that holds a position through an intermediary broker or dealer. ``(2) Enforcement of speculation limits.--The Commission shall enforce speculation limits with respect to speculators in energy markets.''. SEC. 7. LARGE TRADER REPORTING WITH RESPECT TO INDEX TRADERS, SWAP DEALERS, AND INSTITUTIONAL INVESTORS. Section 4g of the Commodity Exchange Act (7 U.S.C. 6g) is amended by adding at the end the following: ``(g) Large Trader Reporting With Respect to Index Traders, Swap Dealers, and Institutional Investors.-- ``(1) In general.--Each recordkeeping and reporting requirement under this section relating to large trader transactions and positions shall apply to index traders, swaps dealers, and institutional investors in markets under the jurisdiction of the Commission. ``(2) Promulgation of regulations.--As soon as practicable after the date of enactment of this subsection, the Commission shall promulgate regulations to establish separate classifications for index traders, swaps dealers, and institutional investors-- ``(A) to enforce the recordkeeping and reporting requirements described in paragraph (1); and ``(B) to enforce position limits and position accountability levels with respect to energy commodities under section 4a(f).''. SEC. 8. INSTITUTIONAL INVESTOR SPECULATION LIMITS. (a) Core Principles Applicable to Significant Price Discovery Contracts.--Section 2(h)(7)(C)(ii)(IV) of the Commodity Exchange Act (7 U.S.C. 2(h)(7)(C)(ii)(IV)) is amended by inserting after ``speculators'' the following: ``(including institutional investors that do not take delivery of energy commodities and that hold positions in energy commodities through swaps dealers or other third parties)''. (b) Core Principles for Contract Markets.--Section 5(d)(5) of the Commodity Exchange Act (7 U.S.C. 7(d)(5)) is amended by inserting after ``speculators'' the following: ``(including institutional investors that do not take delivery of energy commodities and that hold positions in energy commodities through swaps dealers or other third parties)''.

Oil Speculation Control Act of 2008 - Amends the Commodity Exchange Act to define "institutional investor" as a long-term investor in financial markets (including pension funds, endowments, and foundations) that invests in energy commodities as an asset class in a portfolio of financial investments and does not take or make physical delivery of energy commodities on a frequent basis. Establishes in the Commodity Futures Trading Commission (CFTC) an Office of the Inspector General. Directs the CFTC to carry out a review of the trading practices of index traders, swap dealers, and institutional investors in markets under the CFTC's jurisdiction to: (1) ensure that index trading is not adversely impacting the price discovery process; (2) determine whether different practices or regulations should be implemented; and (3) gather data for use in proposing regulations to limit the size and influence of the institutional investor positions in commodity markets. Directs the CFTC to exercise emergency authority to prevent institutional investors from increasing their positions in energy commodity futures and commodity future index funds. Defines: (1) "bona fide hedging transaction or position" as a transaction or position that represents a hedge against price risk exposure relating to physical transactions involving an energy commodity and (2) "speculator" as any institutional investor or investor of an investment fund that holds a position through an intermediary broker or dealer. Directs the CFTC to enforce speculation limits with respect to speculators in energy markets. Set forth recordkeeping and reporting requirements relating to large trader transactions and positions applicable to index traders, swaps dealers, and institutional investors in markets under the CFTC's jurisdiction. Requires the CFTC to promulgate regulations to establish separate classifications for index traders, swap dealers, and institutional investors to enforce recordkeeping and reporting requirements and to enforce position limits and position accountability levels with respect to energy commodities. Imposes certain institutional investor speculation limits with respect to energy commodities.

A bill to amend the Commodity Exchange Act to ensure the application of speculation limits to speculators in energy markets, and for other purposes.

SECTION 1. ENHANCEMENT OF ADMINISTRATION OF THE UNITED STATES AIR FORCE INSTITUTE OF TECHNOLOGY. (a) Enhancement of Administration.-- (1) In general.--Chapter 901 of title 10, United States Code, is amended by inserting after section 9314a the following new section: ``Sec. 9314b. United States Air Force Institute of Technology: administration ``(a) Commandant.-- ``(1) Selection.--The Commandant of the United States Air Force Institute of Technology shall be selected by the Secretary of the Air Force. ``(2) Eligibility.--The Commandant shall be one of the following: ``(A) Active-duty officers.--An active-duty officer of the Air Force in a grade not below the grade of colonel, who is assigned or detailed to such position. ``(B) Civilians.--A civilian individual, including an individual who was retired from the Air Force in a grade not below brigadier general, who has the qualifications appropriate to the position of Commandant and is selected by the Secretary as the best qualified from among candidates for the position in accordance with-- ``(i) the criteria specified in paragraph (5); ``(ii) a process determined by the Secretary; and ``(iii) other factors the Secretary considers relevant. ``(3) Consultation of relevant individuals.--Before making an assignment, detail, or selection of an individual for the position of Commandant, the Secretary shall-- ``(A) consult with the Air Force Institute of Technology Subcommittee of the Air University Board of Visitors; ``(B) consider any recommendation of the leadership and faculty of the United States Air Force Institute of Technology regarding the assignment or selection to that position; and ``(C) consider the recommendations of the Chief of Staff of the Air Force. ``(4) Five year term for civilian commandant.--An individual selected for the position of Commandant under paragraph (1)(B) shall serve in that position for a term of not more than five years and may be continued in that position for an additional term of up to five years. ``(5) Relevant qualifications.--The qualifications appropriate for selection of an individual for detail or assignment to the position of Commandant include the following: ``(A) An academic degree that is either-- ``(i) a doctorate degree in a field of study relevant to the mission and function of the United States Air Force Institute of Technology; or ``(ii) a master's degree in a field of study relevant to the mission and function of the United States Air Force Institute of Technology, but only if-- ``(I) the individual is an active- duty or retired officer of the Air Force in a grade not below the grade of brigadier general; and ``(II) at the time of the selection of that individual as Commandant, the individual permanently appointed to the position of Provost and Academic Dean has a doctorate degree in a field of study relevant to the mission and function of the United States Air Force Institute of Technology. ``(B) A comprehensive understanding of the Department of the Air Force, the Department of Defense, and joint and combined operations. ``(C) Leadership experience at the senior level in a large and diverse organization. ``(D) Demonstrated ability to foster and encourage a program of research in order to sustain academic excellence. ``(E) Other qualifications, as determined by the Secretary. ``(6) Support.--The Secretary shall detail officers of the Air Force of appropriate grades and qualifications to assist the Commandant in-- ``(A) the advanced instruction and professional and technical education of students and the provision of research opportunities for students; and ``(B) the administration of the United States Air Force Institute of Technology. ``(b) Provost and Academic Dean.-- ``(1) In general.--There is established at the United States Air Force Institute of Technology the civilian position of Provost and Academic Dean. ``(2) Appointment.-- ``(A) Appointment by secretary.--The Provost and Academic Dean shall be appointed by the Secretary for a term of five years. ``(B) Consultation.--Before making an appointment to the position of Provost and Academic Dean, the Secretary shall consult with the Air Force Institute of Technology Subcommittee of the Air University Board of Visitors and shall consider any recommendation of the leadership and faculty of the United States Air Force Institute of Technology regarding an appointment to that position. ``(3) Compensation.--The Provost and Academic Dean is entitled to such compensation as the Secretary prescribes, but not more than the rate of compensation authorized for level IV of the Executive Schedule.''. (2) Clerical amendment.--The table of sections at the beginning of chapter 901 of such title is amended by inserting after the item relating to section 9314a the following new item: ``9314b. United States Air Force Institute of Technology: administration.''. (b) Treatment of Current Commandant.--The officer who is serving as Commandant of the United States Air Force Institute of Technology at the time of the enactment of this Act may serve as acting Commandant until the appointment of a Commandant in accordance with section 9314b(a) of title 10, United States Code, as added by subsection (a).

Requires the Commandant of the United States Air Force Institute of Technology (Institute) to be selected by the Secretary of the Air Force. Outlines eligibility requirements and qualifications for such position. Allows a term of five years, with the authority to continue in such position for an additional five years. Establishes at the Institute the civilian positions of Provost and Academic Dean, to be appointed by such Secretary for five-year periods. Allows the person currently serving as the Institute's Commandant to serve as Acting Commandant until the appointment is made under this Act.

A bill to enhance the administration of the United States Air Force Institute of Technology, and for other purposes.