FiscalNote/billsum · Datasets at Hugging Face

SECTION 1. SHORT TITLE. This Act may be cited as the ``Child Support Security Act''. SEC. 2. NO EFFECT ON RIGHTS AND LIABILITIES. Nothing in this Act shall be construed to affect-- (1) the right of an individual or State to receive any child support payment; or (2) the obligation of an individual to pay child support. SEC. 3. INCLUSION IN INCOME OF AMOUNT OF UNPAID CHILD SUPPORT PAYMENTS. (a) In General.--Section 108 of the Internal Revenue Code of 1986 (relating to discharge of indebtedness income) is amended by adding at the end thereof the following new subsection: ``(h) Unpaid Child Support Payments.-- ``(1) In general.--For purposes of this chapter, any taxable unpaid child support payments of a taxpayer for any taxable year shall be treated as amounts includible in gross income of the taxpayer for the taxable year by reason of the discharge of indebtedness of the taxpayer. ``(2) Taxable unpaid child support payments.--For purposes of this subsection, the term `taxable unpaid child support payments' means payments-- ``(A) which were applicable child support payments which the taxpayer was required to pay under a support instrument for the support of a child of the taxpayer, and ``(B) with respect to which the notice requirements of paragraph (3) are met. ``(3) Notice requirements.-- ``(A) In general.--During January of the second calendar year following a calendar year in which there begins a taxable year for which a deduction allowed under section 166(f) was claimed, the eligible taxpayer shall send a notice (in such form as the Secretary may prescribe) to the individual who failed to make payments which contains-- ``(i) the amount of the applicable child support payments for such taxable year, and ``(ii) notice that the individual is required to include such amount in gross income for the taxable year beginning in the preceding calendar year. ``(B) Notice by secretary.--If notice cannot be provided under subparagraph (A) because the address is not known to the eligible taxpayer, the Secretary shall send such notice if the address is available to the Secretary. ``(C) Address unknown.--If notice cannot be provided under subparagraph (A) or (B) because there is no known address, no income shall be included in gross income for any taxable year beginning before the calendar year preceding the calendar year in which such notice may be sent. ``(4) Subsequent payments.--If any payment required to be included in gross income under paragraph (1) is subsequently made, the amount of such payment shall be allowed as a deduction for the taxable year in which such payment is made. ``(5) Definitions.--For purposes of this subsection, the terms `applicable child support payments' and `eligible taxpayer' have the meanings given such terms by section 166(f).'' (b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1997. SEC. 4. ALLOWANCE OF BAD DEBT DEDUCTION FOR UNPAID CHILD SUPPORT PAYMENTS. (a) In General.--Section 166 of the Internal Revenue Code of 1986 (relating to deduction for bad debts) is amended by redesignating subsection (f) as subsection (g) and by inserting after subsection (e) the following new subsection: ``(f) Unpaid Child Support Payments.-- ``(1) In general.--In the case of any eligible taxpayer who has any applicable child support payments remaining unpaid as of the close of the taxable year-- ``(A) subsections (a) and (d) shall not apply to such payments, and ``(B) there shall be allowed as a deduction for such taxable year an amount equal to the amount of such payments. ``(2) Per child limitation on deduction.--The aggregate amount allowable as a deduction for any taxable year under paragraph (1) with respect to any child for whom applicable child support payments are required to be paid shall not exceed $5,000. ``(3) Eligible taxpayer.--For purposes of this subsection, the term `eligible taxpayer' means an individual-- ``(A) whose adjusted gross income for the taxable year does not exceed $50,000, ``(B) with respect to whom the amount of applicable child support payments remaining unpaid as of the close of the taxable year is equal to or greater than $500, and ``(C) who meets the identification requirements of paragraph (5). ``(4) Applicable child support payment.-- ``(A) In general.--The term `applicable child support payment' means, with respect to any taxable year of the eligible taxpayer-- ``(i) any periodic payment of a fixed amount, or ``(ii) any payment of a medical or educational expense, insurance premium, or other similar item, which is required to be paid to such taxpayer during such taxable year by an individual under a support instrument meeting the requirements of paragraph (8) for the support of any qualifying child of such individual. ``(B) Qualifying child.--For purposes of this paragraph, the term `qualifying child' means a child of an eligible individual with respect to whom a deduction is allowable under section 151 for the taxable year (or would be so allowable but for paragraph (2) or (4) of section 152(e)). ``(C) Payments must be delinquent for at least entire year.--Any payment described in subparagraph (A) which is required to be made by an individual to an eligible taxpayer shall not be treated as an applicable unpaid child support payment if at least half of the payments which are required to be paid to the eligible taxpayer during the 12-month period ending on the last day of the taxable year are paid. In the case of the 1st taxable year to which this subsection applies to payments from any individual, the preceding sentence shall be applied by substituting `24-month' for `12- month'. ``(D) Coordination with afdc.--The term `applicable child support payment' shall not include any payment the right to which has been assigned to a State under section 402(a)(26) of the Social Security Act (42 U.S.C. 602(a)(26)). ``(5) Identification requirements.--The requirements of this paragraph are met if the eligible taxpayer includes on the return claiming the deduction under this subsection the name, address, and taxpayer identification number of-- ``(A) each child with respect to whom child support payments to which this subsection applies are required to be paid, and ``(B) the individual who was required to make such child support payments. In the case of a failure to provide the information under subparagraph (B), the preceding sentence shall not apply if the eligible taxpayer certifies that any such information is not known. ``(6) Cost-of-living adjustments.--In the case of any taxable year beginning after 1998, the $50,000 amount under paragraph (2)(A), the $50,000 amount under paragraph (3)(A), and the $500 amount under paragraph (3)(B) 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, except that section 1(f)(3)(B) shall be applied by substituting `1997' for `1992'. ``(7) Subsequent payments.--If any payment with respect to which a deduction was allowed under paragraph (1) is subsequently made, such payment shall be included in gross income of the eligible taxpayer for the taxable year in which paid. This paragraph shall not apply to any amount if an individual has assigned the right to receive such amount to a State (and the State does not pay such amount to such individual). ``(8) Support instrument.--For purposes of this subsection, a support instrument meets the requirements of this paragraph if it is-- ``(A) a decree of divorce or separate maintenance or a written instrument incident to such a decree, ``(B) a written separation agreement, or ``(C) a decree (not described in subparagraph (A)) of a court or administrative agency requiring a parent to make payments for the support or maintenance of 1 or more children of such parent.'' (b) Deduction for Nonitemizers.--Section 62(a) of such Code is amended by inserting after paragraph (16) the following new paragraph: ``(17) Unpaid child support payments.--The deduction allowed by section 166(f).'' (c) Conforming Amendment.--Section 166(d)(2) of such Code is amended by striking ``or'' at the end of subparagraph (A), by striking the period at the end of subparagraph (B) and inserting ``, or'' and by adding at the end thereof the following new subparagraph: ``(C) a debt which is an applicable child support payment under subsection (f).'' (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1997. SEC. 5. REDUCTION OF FEDERAL DEBT. Net revenues received in the Treasury pursuant to this Act shall be applied, as provided in appropriation Acts, solely to the retirement of outstanding public debt obligations of the United States and may not be obligated or expended for any other purpose, notwithstanding any other provision of law that does not specifically refer to this section.

Child Support Security Act - Amends the Internal Revenue Code relating to discharge of indebtedness income to provide that any taxable unpaid child support payments of a taxpayer for any taxable year shall be treated as amounts includible in the taxpayer's gross income by reason of the discharge of the taxpayer's indebtedness. Sets forth notice guidelines. Allows an eligible taxpayer with respect to whom child support payments remain unpaid during the taxable year a deduction of up to $5,000 equal to the amount of payments remaining unpaid. Limits such deductions to taxpayers with adjusted gross incomes under $50,000 and unpaid child support payments of $500 or more. Requires that net revenues received in the Treasury pursuant to this Act be applied solely to the retirement of outstanding Federal debt obligations and not be obligated or expended for any other purpose.

Child Support Security Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans' Heritage Firearms Act of 2011''. SEC. 2. AMNESTY PERIOD FOR VETERANS TO REGISTER QUALIFYING FIREARMS. (a) Definitions.--In this section: (1) Amnesty period.--The term ``amnesty period'' means the 90-day period beginning on the date that is 90 days after the date of enactment of this Act. (2) Applicable veteran.--The term ``applicable veteran'' means, with respect to a firearm, the veteran referred to in paragraph (7)(A) with respect to the firearm. (3) Continental united states.--The term ``continental United States''-- (A) means the several States and the District of Columbia; and (B) does not include Alaska or Hawaii. (4) Family.-- (A) In general.--The term ``family'' means, with respect to a veteran-- (i) a grandparent of the veteran; (ii) the spouse of the veteran; (iii) a lineal descendant of a grandparent described in clause (i); and (iv) the spouse of a lineal descendant described in clause (iv). (B) Special rules.--For purposes of subparagraph (A)-- (i) a spouse of an individual who is legally separated from the individual under a decree of divorce or separate maintenance shall be deemed to be the spouse of the individual; and (ii) an individual shall be deemed to be a lineal descendant of a grandparent of a veteran if the individual is-- (I) the biological child of an individual who is the spouse of a lineal descendant of the grandparent; (II) adopted by a lineal descendant of the grandparent; or (III) a lineal descendant of an individual described in subclause (I) or (II). (5) Firearm.--The term ``firearm''-- (A) has the meaning given the term in section 5845 of the Internal Revenue Code of 1986; and (B) does not include-- (i) any device described in section 5845(f)(1) of the Internal Revenue Code of 1986; or (ii) any combination of parts-- (I) designed or intended for use in converting any device into a device described in clause (i); or (II) from which a device described in clause (i) may be readily assembled. (6) National firearms registration and transfer record.-- The term ``National Firearms Registration and Transfer Record'' means the National Firearms Registration and Transfer Record established under section 5841 of the Internal Revenue Code of 1986. (7) Qualifying firearm.-- (A) In general.--The term ``qualifying firearm'' means any firearm that was acquired-- (i) before October 31, 1968; and (ii) by a veteran, while the veteran was-- (I) a member of the Armed Forces; and (II) stationed outside the continental United States. (B) Presumption of validity.--In the absence of clear and convincing evidence to the contrary, the Attorney General shall accept as true and accurate any affidavit, document, or other evidence submitted by an individual to establish that a firearm meets the requirements of subparagraph (A). (8) Veteran.--The term ``veteran'' has the meaning given that term in section 101(2) of title 38, United States Code. (b) Registration.--Subject to such regulations as the Attorney General may prescribe, during the amnesty period an applicable veteran or a member of the family of the applicable veteran who owns and possesses a qualifying firearm may register the qualifying firearm in the National Firearms Registration and Transfer Record. (c) Hearings.--If the Attorney General determines that an individual may not register a firearm under subsection (b) during the amnesty period, the Attorney General, on the request of the individual, shall-- (1) provide the individual any evidence on which the decision by the Attorney General is based; and (2) promptly hold a hearing to review the determination. (d) Limited Immunity.-- (1) Criminal liability under title 18.--An individual who registers a qualifying firearm under subsection (b)-- (A) shall be treated, for purposes of subsections (a)(3) and (o) of section 922 of title 18, United States Code, as having lawfully acquired and possessed the qualifying firearm before the date of the enactment of chapter 44 of such title and of each provision of such chapter; and (B) shall not be liable for any violation of such chapter that-- (i) is based solely on the ownership, possession, transportation, importation, or alteration of the qualifying firearm by the individual; and (ii) occurred at or before the time at which the individual registered the qualifying firearm. (2) Criminal liability under internal revenue code.--Except as provided in paragraph (3), an individual who registers a qualifying firearm under subsection (b) shall not be liable for a violation of chapter 53 or 75 of the Internal Revenue Code of 1986 with respect to the qualifying firearm that occurred at or before the time at which the individual registered the qualifying firearm. (3) Transfer tax liability.--Paragraph (2) shall not affect the liability of any individual for any transfer tax imposed under section 5811 of the Internal Revenue Code of 1986. (4) Attempts to register.--In the case of an applicable veteran or a member of the family of the applicable veteran who attempts to register a qualifying firearm in the National Firearms Registration and Transfer Record at a time other than during the amnesty period, paragraphs (1), (2), and (3) shall apply with respect to the individual if the individual surrenders the qualifying firearm to a law enforcement agency not later than 30 days after notification by the Attorney General of potential criminal liability for continued possession of the qualifying firearm. (e) Forfeiture.--A qualifying firearm registered under subsection (b) shall not be subject to seizure or forfeiture under chapter 53 or 75 of the Internal Revenue Code of 1986 or chapter 44 of title 18, United States Code, for a violation of any such chapter with respect to the qualifying firearm that occurred at or before the time at which the individual registered the firearm. (f) Notice; Forms; Mailbox Rule.-- (1) Notice of amnesty period.--The Attorney General shall provide clear printed notices providing information regarding the amnesty period and registering a qualifying firearm during the period. To the extent feasible, the Attorney General shall ensure that the notices are posted in post offices, law enforcement buildings, buildings of the Department of Veterans Affairs, and businesses of licensed firearms dealers. (2) Forms.--The Attorney General shall make available any forms necessary for registering a firearm in the National Firearms Registration and Transfer Record. To the extent feasible, the Attorney General shall make such forms available in the locations referred to in paragraph (1) and through the website of the Bureau of Alcohol, Tobacco, Firearms, and Explosives. (3) Mailbox rule.--For purposes of this section, the Attorney General shall treat any form that is postmarked during the amnesty period as being received during the amnesty period. SEC. 3. TRANSFER OF FIREARMS TO MUSEUMS. (a) Transfer of Forfeited Curio or Relic Firearms to Museums.-- (1) Definitions.--In this subsection: (A) Curio or relic firearm.--The term ``curio or relic firearm'' means any firearm (as defined in section 2(a)(5)) that is treated as a curio or relic under chapter 44 of title 18, United States Code. (B) Qualified museum.--The term ``qualified museum'' means-- (i) any museum owned or operated by the Federal Government or a State or local government; and (ii) any museum that-- (I) is open to the public; (II) is incorporated as a nonprofit corporation under applicable State law; (III) may possess a firearm in the collection of the museum under the laws of the State in which the collection is displayed; (IV) holds a license under chapter 44 of title 18, United States Code, as a collector of curios or relics; and (V) certifies to the Attorney General that-- (aa) the museum is not engaged in the trade or business of buying or selling curio or relic firearms; (bb) with respect to the transfer of any curio or relic firearm under paragraph (2), the museum is not requesting the transfer of the curio or relic firearm for purpose of sale; and (cc) the museum shall, not later than 90 days after the museum ceases operations, file an application pursuant to chapter 53 of the Internal Revenue Code of 1986 to transfer any machinegun transferred to the museum under paragraph (2) to an entity or person who may lawfully possess the machinegun under section 922(o) of title 18, United States Code, or abandon the machinegun to Federal, State, or local law enforcement authorities. (2) Transfer.--The Attorney General shall transfer each curio or relic firearm that is forfeited to the United States to the first qualified museum that submits a request for the curio or relic firearm in such form and manner as the Attorney General may specify. (3) Destruction of forfeited curio or relic firearms prohibited.--The Attorney General shall not destroy any curio or relic firearm that is forfeited to the United States until the end of the 5-year period beginning on the date of the forfeiture. (4) Catalogue of curio or relic firearms.--With respect to each curio or relic firearm that is available to be transferred to a qualified museum under paragraph (2), the Attorney General shall, not later than 60 days after the date of the forfeiture of the curio or relic firearm, publish information which identifies the curio or relic firearm (including a picture) on the website of the Bureau of Alcohol, Tobacco, Firearms, and Explosives. The information shall be available to the public without cost and without restriction. (5) Registration of curio or relic firearms.--Any curio or relic firearm transferred under paragraph (2) to a qualified museum shall be registered to the transferee in the National Firearms Registration and Transfer Record. (b) Transfer of Machineguns to Museums.--Section 922(o)(2) of title 18, United States Code, is amended-- (1) in subparagraph (A), by striking ``or'' at the end; (2) by redesignating subparagraph (B) as subparagraph (C); and (3) by inserting after subparagraph (A) the following: ``(B) a transfer to or by, or possession by, a museum that is open to the public and incorporated as a nonprofit corporation under applicable State law; or''.

Veterans' Heritage Firearms Act of 2011 - Provides a 90-day amnesty period during which veterans and their family members can register in the National Firearms Registration and Transfer Record any firearm acquired before October 31, 1968, by a veteran while a member of the Armed Forces stationed outside the continental United States. Grants such an individual limited immunity under the federal criminal code and the Internal Revenue Code with respect to the acquisition, possession, transportation, or alteration of such qualifying firearm at or before the time at which the individual registered the qualifying firearm. Extends such immunity to a veteran who attempts to register a qualifying firearm outside of the amnesty period if the veteran surrenders the firearm within 30 days after being notified of potential criminal liability for continued possession. Requires the Attorney General to: (1) transfer each curio or relic firearm that is forfeited to the United States to the first qualified museum that requests it, and (2) publish information identifying each such firearm which is available to be transferred to a museum. Requires that any firearm transferred to a qualified museum be registered to the transferee. Makes a prohibition against transfer or possession of a machine-gun inapplicable to a transfer to or by, or possession by, a museum which is open to the public and incorporated as a nonprofit corporation under applicable state law.

A bill to provide an amnesty period during which veterans and their family members can register certain firearms in the National Firearms Registration and Transfer Record, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Promoting Health for Future Generations Act of 2007''. SEC. 2. INCREASE IN HSA CONTRIBUTION LIMITATION. (a) In General.--Subsection (b) of section 223 of the Internal Revenue Code of 1986 (relating to monthly limitation) is amended-- (1) by striking ``$2,250'' in paragraph (2)(A) and inserting ``the amount in effect under subsection (c)(2)(A)(ii)(I)'', and (2) by striking ``$4,500'' in paragraph (2)(B) and inserting ``the amount in effect under subsection (c)(2)(A)(ii)(II)''. (b) Conforming Amendment.--Paragraph (1) of section 223(g) of such Code is amended by striking ``subsections (b)(2)'' and inserting ``subsection''. (c) Effective Date.--The amendments made by this section shall apply to contributions in taxable years beginning after December 31, 2007. SEC. 3. MEDICARE AND VA HEALTHCARE ENROLLEES ELIGIBLE TO CONTRIBUTE TO HSA. (a) In General.--(1) Subsection (b) of section 223 of the Internal Revenue Code of 1986 is amended by striking paragraph (7). (2) Subsection (c) of section 223 of such Code (relating to definitions and special rules) is amended by adding at the end to following new paragraph: ``(6) Special rule for individuals entitled to benefits under medicare or enrolled for health benefits from va.--In the case of an individual-- ``(A)(i) who is entitled to benefits under title XVIII of the Social Security Act, and ``(ii) with respect to whom a health savings account is established in a month before the first month such individual is entitled to such benefits, or ``(B)(i) who is enrolled in the patient enrollment system established by the Secretary of Veterans Affairs pursuant to section 1705 of title 38, United States Code, and ``(ii) with respect to whom a health savings account is established in a month before the first month such individual is enrolled in such system, such individual shall be deemed to be an eligible individual.''. (b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2007. SEC. 4. EXPANDING ADDITIONAL CONTRIBUTIONS LIMITATION. (a) In General.-- (1) Age limitation.--Subparagraph (A) of section 223(b)(3) of the Internal Revenue Code of 1986 (relating to additional contributions for individuals 55 or older) is amended by striking ``age 55'' and inserting ``age 50''. (2) Contribution limitation.--The table contained in section 223(b)(3) of such Code is amended-- (A) by striking ``$900'' and inserting ``$2,000'', and (B) by striking ``$1,000'' and inserting ``$2,000''. (3) Conforming amendment.--Paragraph (3) of section 223(b) of such Code is amended in the heading by striking ``55'' and inserting ``50''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2007. SEC. 5. ELIGIBILITY TO CONTRIBUTE TO HSA. (a) Individuals Eligible for Reimbursement Under Spouse's Flexible Spending Arrangement.--Section 223(c)(1) of the Internal Revenue Code of 1986 (defining eligible individual) is amended by adding at the end the following new subparagraph: ``(C) Special rule for certain flexible spending arrangements.--For purposes of subparagraph (A)(ii), an individual shall not be treated as covered under a health plan described in such subparagraph merely because the individual is covered under a flexible spending arrangement (within the meaning of section 106(c)(2)) which is maintained by an employer of the spouse of the individual, but only if-- ``(i) the employer is not also the employer of the individual, and ``(ii) the individual certifies to the employer and to the Secretary (in such form and manner as the Secretary may prescribe) that the individual and the individual's spouse will not accept reimbursement under the arrangement for any expenses for medical care provided to the individual.''. (b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2007. SEC. 6. PERMITTING MEDICARE SUPPLEMENTAL POLICY AS QUALIFIED MEDICAL EXPENSE. (a) In General.--Clause (iv) of section 223(d)(2)(C) of the Internal Revenue Code of 1986 (relating to qualified medical expenses) is amended by striking ``other than a medicare supplemental policy'' and all that follows through ``Social Security Act)''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2007. SEC. 7. DEDUCTION OF PREMIUMS FOR HIGH DEDUCTIBLE HEALTH PLANS. (a) In General.--Part VII of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to additional itemized deductions for individuals) is amended by redesignating section 224 as section 225 and by inserting after section 223 the following new section: ``SEC. 224. PREMIUMS FOR HIGH DEDUCTIBLE HEALTH PLANS. ``(a) Deduction Allowed.--In the case of an individual, there shall be allowed as a deduction for the taxable year the aggregate amount paid by the taxpayer as premiums under a high deductible health plan with respect to months during such year for which such individual is an eligible individual with respect to such health plan. ``(b) Definitions.--For purposes of this section-- ``(1) Eligible individual.--The term `eligible individual' means an individual who-- ``(A) is described in section 223(c)(1), and ``(B) is the taxpayer or the taxpayer's spouse and dependents. ``(2) High deductible health plan.--The term `high deductible health plan' has the meaning given such term by section 223(c)(2). ``(c) Special Rules.-- ``(1) Deduction limits.-- ``(A) Deduction allowable for only 1 plan.--For purposes of this section, in the case of an individual covered by more than 1 high deductible health plan for any month, the individual may only take into account amounts paid for such month for the plan with the lowest premium . ``(B) Plans covering ineligible individuals.--If 2 or more individuals are covered by a high deductible health plan for any month but only 1 of such individuals is an eligible individual for such month, only 50 percent of the aggregate amount paid by such eligible individual as premiums under the plan with respect to such month shall be taken into account for purposes of this section. ``(2) Group health plan coverage.-- ``(A) In general.--No deduction shall be allowed for an individual under subsection (a) for any amount paid for coverage under a high deductible health plan for a month if that individual participates in any coverage under a group health plan (within the meaning of section 5000 without regard to section 5000(d)). For purposes of the preceding sentence, an arrangement which constitutes individual health insurance shall not be treated as a group health plan if such arrangement is a high deductible health plan (as defined in section 223(c)(2)), or is a payment by an employer or employee organization with respect to such high deductible health plan , notwithstanding that an employer or employee organization negotiates the cost or benefits of such arrangement. ``(B) Exception for plans only providing contributions to health savings accounts.--Subparagraph (A) shall not apply to an individual if the individual's only coverage under a group health plan for a month consists of contributions by an employer to a health savings account with respect to which the individual is the account beneficiary. ``(C) Exception for certain permitted coverage.-- Subparagraph (A) shall not apply to an individual if the individual's only coverage under a group health plan for a month is coverage described in clause (i) or (ii) of section 223(c)(1)(B). ``(3) Medical and health savings accounts.--Subsection (a) shall not apply with respect to any amount which is paid or distributed out of an Archer MSA or a health savings account which is not included in gross income under section 220(f) or 223(f), as the case may be. ``(4) Coordination with deduction for health insurance of self-employed individuals.--Any amount taken into account by the taxpayer in computing the deduction under section 162(l) shall not be taken into account under this section. ``(5) Coordination with medical expense deduction.--Any amount taken into account by the taxpayer in computing the deduction under this section shall not be taken into account under section 213.''. (b) Deduction Allowed Whether or Not Individual Itemizes Other Deductions.--Subsection (a) of section 62 of such Code is amended by inserting before the last sentence at the end the following new paragraph: ``(22) Premiums for high deductible health plans.--The deduction allowed by section 224.''. (c) Coordination With Section 35 Health Insurance Costs Credit.-- Section 35(g)(2) of such Code (relating to coordination with other deductions) is amended by striking ``or 213'' and inserting ``, 213, or 224''. (d) Clerical Amendment.--The table of sections for part VII of subchapter B of chapter 1 of such Code is amended by redesignating the item relating to section 224 as an item relating to section 225 and by inserting before such item the following new item: ``Sec. 224. Premiums for high deductible health plans.''. (e) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2007. SEC. 8. MODIFYING SAFE HARBOR RULES FOR DEDUCTIBLES FOR HIGH DEDUCTIBLE HEALTH PLANS. (a) In General.-- (1) Deductible for prescribed drugs.--Subparagraph (C) of section 223(c)(2) of the Internal Revenue Code of 1986 (defining high deductible health plan) is amended by striking ``a deductible for preventative care'' and all that follows and inserting the following: ``a deductible for-- ``(i) preventive care (within the meaning of section 1861 of the Social Security Act, except as otherwise provided by the Secretary), or ``(ii) a prescribed drug (as defined in section 213).''. (2) Individual deductible limit for family plans.--Section 223(c)(2) of such Code is amended by adding at the end the following new subparagraph: ``(E) Special rule for family coverage.--A health plan providing family coverage shall not fail to meet the requirements of subparagraph (A)(i)(II) merely because the plan elects to provide both-- ``(i) an aggregate annual deductible limit for all individuals covered by the plan which is not less than the amount in effect under subparagraph (A)(i)(II), and ``(ii) an annual deductible limit for each individual covered by the plan which is not less than the amount in effect under subparagraph (A)(i)(I).''. (3) Conforming amendment.--Subparagraph (C) of section 223(c)(2) of such Code is amended in the heading by inserting ``or prescribed drug'' after ``preventive care''. (b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2007. SEC. 9. MSA PLAN DEDUCTIBLE EXCEPTION FOR PREVENTIVE CARE. (a) In General.--Paragraph (3) of section 1859(b) of the Social Security Act (42 U.S.C. 1359w-28(b)) is amended by adding at the end the following new subparagraph: ``(C) Exception for absence of preventive care deductible.--A plan shall not fail to be treated as a MSA plan by reason of failing to have a deductible for preventive care (within the meaning of such term as applied for purposes of section 223(c)(2)(C) of the Internal Revenue Code of 1986).''. (b) Effective Date.--The amendment made by this section shall take effect on January 1, 2008. SEC. 10. PERMITTING INDIVIDUAL CONTRIBUTIONS TO MEDICARE ADVANTAGE MSA. (a) In General.--Paragraph (2) of section 138(b) of the Internal Revenue Code of 1986 (defining Medicare Advantage MSA) is amended by striking ``or'' at the end of subparagraph (A), by inserting ``or'' at the end of subparagraph (B), and by adding at the end the following new subparagraph: ``(C) any contributions by or for the benefit of the account holder (other than a contribution described in subparagraph (A)) for the taxable year, the sum of which do not exceed the difference of-- ``(i) the amount of the annual deductible (described in section 1859(b)(3)(B) of the Social Security Act) for the MSA plan in which the individual is enrolled, over ``(ii) the amount of contributions described in subparagraph (A) for the taxable year,''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2007. SEC. 11. ALLOWING MSA AND HSA ROLLOVER TO ADULT CHILD OF ACCOUNT HOLDER. (a) MSAs.--(1) Subparagraph (A) of section 220(f)(8) of the Internal Revenue Code of 1986 (relating to treatment after death of account holder) is amended-- (A) by inserting ``or adult child'' after ``surviving spouse'', (B) by inserting ``or adult child, as the case may be,'' after ``the spouse'', and (C) by inserting ``or adult child'' after ``spouse'' in the heading thereof. (2) Paragraph (8) of section 220(f) of such Code is amended by adding at the end the following new subparagraph: ``(C) Adult child.--For purposes of this paragraph, the term `adult child' means an individual-- ``(i) who is a child of the deceased individual, and ``(ii) with respect to whom a deduction under section 151 would not be allowable to another taxpayer for a taxable year beginning in the calendar year in which such individual's taxable year begins.''. (b) HSAs.--(1) Subparagraph (A) of section 223(f)(8) of such Code (relating to treatment after death of account beneficiary) is amended-- (A) by inserting ``or adult child'' after ``surviving spouse'', (B) by inserting ``or adult child, as the case may be,'' after ``the spouse'', and (C) by inserting ``or adult child'' after ``spouse'' in the heading thereof. (2) Paragraph (8) of section 223(f) of such Code is amended by adding at the end the following new subparagraph: ``(C) Adult child.--For purposes of this paragraph, the term `adult child' has the meaning given to such term by section 220(f)(8)(C).''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2007. SEC. 12. PERMITTING MEDICARE ADVANTAGE MSA FUNDS TO BE USED FOR WELLNESS AND FITNESS PROGRAMS. (a) In General.--Paragraph (1) of section 138(c) of the Internal Revenue Code of 1986 (relating to special rules for distributions) is amended by striking ``and'' at the end of subparagraph (A), by striking the period at the end of subparagraph (B) and inserting ``, and'', and by adding at the end the following new subparagraph: ``(C) qualified medical expenses shall include amounts paid to a gym for enrollment in a wellness or fitness program.''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2007.

Promoting Health for Future Generations Act of 2007 - Amends the Internal Revenue Code to: (1) increase the tax deduction for contributions to health savings accounts (HSAs); (2) allow Medicare and veterans health care beneficiaries to establish and contribute to HSAs; (3) allow individuals age 50 or older (currently, age 55 or older) to make additional HSA contributions and to increase the allowable amount of such contributions; (4) treat Medicare supplemental insurance premiums as a tax deductible medical expense; (5) allow a new tax deduction for high deductible health plan premiums; (6) allow individual contributions to a Medicare Advantage medical savings account (MSA); (7) allow adult children of holders of HSAs and MSAs to inherit such accounts; and (8) allow MSA funds to be used for wellness and fitness programs. Amends title XVIII (Medicare) of the Social Security Act to allow MSAs to provide preventive care without requiring a deductible for expenses related to such care.

To amend the Internal Revenue Code of 1986 to modify the rules with respect to health savings accounts and medical savings accounts, and for other purposes.

SECTION 1. PROCEDURES. (a) In General.--Chapter 4 of title 39, United States Code, is amended by adding at the end the following: ``Sec. 414. Provisions relating to certain improperly arrested individuals ``(a) Not later than 90 days after the date of the enactment of this section, the Judicial Officer shall by regulation establish procedures under which any individual described in subsection (b)(1)(A) may seek reemployment under this section. ``(b) The regulations shall include provisions under which-- ``(1) a petition for reemployment may be brought-- ``(A) by any individual involuntarily separated from a position in the Postal Service as a result of having been arrested by the Postal Inspection Service-- ``(i) after December 31, 1983; ``(ii) pursuant to any investigation in which one or more paid confidential informants were used; ``(iii) for violating any law of the United States, or of any State, prohibiting the use, sale, or possession of a controlled substance; but only if such individual-- ``(I) is not convicted, pursuant to such arrest, of a violation of any law described in clause (iii); and ``(II) has not been reemployed by the Postal Service; and ``(B) after all administrative procedures otherwise available to petitioner for seeking reemployment have been exhausted, but not later than 2 years after the date as of which-- ``(i) the exhaustion requirement is met; or ``(ii) if later, any such petition may first be filed under this section; ``(2) a petition for reemployment under this section shall be considered by a panel of 3 administrative law judges who shall be-- ``(A) qualified by virtue of their background, objectivity, and experience; and ``(B) individuals detailed to the Postal Service, for purposes of this section, on a reimbursable basis; ``(3) the provisions of sections 556 and 557 of title 5 shall apply to any proceeding conducted by a panel under this section; ``(4) a panel may require the Postal Service to reemploy the petitioner if, in the panel's judgment, the petitioner was improperly arrested due to the actions of the Inspection Service or its paid confidential informants; ``(5)(A) paragraph (4) shall not be considered satisfied unless-- ``(i) the position in which the petitioner is reemployed is reasonably similar to the position from which the petitioner was separated; and ``(ii) the rate of pay for the position in which petitioner is reemployed is not less than the rate which would have been payable to petitioner, as of the date of reemployment, had the petitioner remained continuously employed in the position from which separated; and ``(B) the provisions of section 5596(b) (1) and (2) of title 5 shall (for purposes of this section) apply with respect to any separation referred to in paragraph (1)(A) of this subsection, except that the total amount of back pay (including interest) which may be awarded under such provisions by any panel (described in paragraph (2)) may not, in connection with any particular separation, exceed $100,000; ``(6) the Postal Service shall be required to contribute to the Civil Service Retirement and Disability Fund for the benefit of petitioner an amount equal to that required (under regulations which the Office of Personnel Management shall prescribe) in order that, with respect to the period beginning on the date of involuntary separation and ending on the date of reemployment, petitioner shall, for retirement purposes, be treated as if such separation had not occurred; and ``(7) any payments required under this section shall be payable out of the Postal Service Fund. ``(c) A determination under this section shall not be subject to any administrative or judicial review. ``(d) For purposes of this section-- ``(1) the term `Judicial Officer' means the Judicial Officer appointed under section 204; ``(2) the term `controlled substance' has the meaning given such term by section 102(6) of the Controlled Drug Abuse Prevention and Control Act of 1970; ``(3) the term `administrative law judge' means an administrative law judge appointed under section 3105 of title 5; and ``(4) a confidential informant shall be considered to be `paid' if such informant receives, or is to receive, a monetary or nonmonetary benefit (including any forbearance from a civil or criminal action) for the services involved.''. (b) Chapter Analysis.--The analysis for chapter 4 of title 39, United States Code, is amended by adding at the end the following: ``414. Provisions relating to certain improperly arrested individuals.''. Passed the House of Representatives October 5, 1994. Attest: DONNALD K. ANDERSON, Clerk.

Requires the Judicial Officer of the Postal Service to establish procedures under which specified individuals involuntarily separated from the Postal Service may seek reemployment. Lists such individuals as persons separated as a result of having been arrested by the Postal Inspection Service: (1) after December 31, 1983; (2) pursuant to any investigation in which paid confidential informants were used; and (3) for violating any law prohibiting the use, sale, or possession of controlled substances. Authorizes an individual to petition for reemployment only if the individual was not convicted of the violation and has exhausted all administrative procedures for seeking reemployment within a specified time frame. Requires petitions to be considered by a panel of administrative law judges. Authorizes a panel to require the Postal Service to reemploy the petitioner if the petitioner was improperly arrested due to the actions of the Inspection Service or its informants. Requires the position in which the petitioner is reemployed to be reasonably similar to the position from which the petitioner was separated and the pay to be equivalent. Provides for back pay and retroactive contributions to the Civil Service Retirement and Disability Fund for reemployed individuals.

To amend title 39, United States Code, to provide for procedures under which persons involuntarily separated by the United States Postal Service as a result of having been improperly arrested by the Postal Inspection Service on narcotics charges may seek reemployment.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Sarah Weber Home Infusion Consumer Protection Act of 1995''. SEC. 2. LICENSING OF PROVIDERS OF HOME INFUSION THERAPY SERVICES. (a) Requirement.-- (1) License requirement.--No person shall provide (or arrange for the provision of) home infusion therapy services in a State unless the person is licensed by the State in accordance with this section to provide (or arrange for the provision of) such services. (2) Licensing procedure.--No State shall license a person to provide (or arrange for the provision of) home infusion therapy services unless the State finds that the person meets the standards for licensing established under this section. (3) Exception.--Paragraph (1) shall not apply in the case of an individual providing home infusion therapy services without compensation for himself or herself or for a family or household member. (b) Standards.-- (1) In general.--The Secretary of Health and Human Services (in this Act referred to as the ``Secretary'') shall establish standards for the licensing of persons providing (or arranging for the provision of) home infusion therapy services consistent with this subsection. (2) Supervision.--A person licensed under this section shall only provide (or arrange for the provision of) home infusion therapy services to an individual who is under the care of a physician and under a plan established and periodically reviewed by a physician. (3) Provider qualifications.--A person shall not be licensed consistent with this section unless the person-- (A) has been determined to be capable of providing, or arranging for the provision of, home infusion therapy services; (B) maintains clinical records on all individuals for whom the person provides (or arranges for the provision of) such services; (C) adheres to written protocols and policies with respect to the provision (or arrangement for the provision) of services; (D) makes services available (as needed) 7 days a week on a 24-hour basis; (E) coordinates all home infusion therapy services with the patient's physician; (F) conducts a quality assessment and assurance program, including drug regimen review and coordination of patient care; (G) assures that only trained (or licensed if necessary) personnel provide infusion products (and any other service for which training is required to safely provide the service); (H) assumes responsibility for the quality of services provided by others under arrangements with such person; (I) establishes appropriate protocols and explains such protocols clearly to patients before the initiation of a treatment plan; (J) is certified to be a home health agency for purposes of title XVIII of the Social Security Act or meets the requirements to be so certified; and (K) meets such other requirements as the Secretary may determine are necessary (i) to assure the safe and effective provision of home infusion therapy services, and (ii) respecting the quality of the provision of such services and the charges for such services. A protocol referred to in subparagraph (I) shall include a provision for appropriate notification of individuals receiving home infusion therapy services in the event of the cancellation of the provision of those services. (c) Enforcement.-- (1) Providers.--Any person who provides (or arranges for the provision of) home infusion therapy services in violation of subsection (a)(1) is subject to a civil money penalty (in an amount specified by the Secretary, but not to exceed $10,000) for each such violation. The Secretary may file an action to enjoin persons from violating subsection (a)(1). (2) States.--The Secretary shall establish a process for determining whether or not a State is complying with the requirement of subsection (a)(2). Before determining that a State has not established a licensing system that complies with such requirement, the Secretary shall provide the State with notice and opportunity to respond and correct any deficiencies identified by the Secretary. (d) Authorization of Appropriations; State Grants; Licensing Fees.-- (1) Authorization of appropriations.--There are authorized to be appropriated to the Secretary such amounts as may be necessary for the Secretary to carry out this section. (2) Startup grants.--The Secretary is authorized to make grants to States in order to enable those States initially to establish the licensing system required under subsection (a)(2). (3) Licensing fees.--Nothing in this Act shall be construed as preventing a State from requiring payment of a fee from a provider as a condition of licensing under subsection (a)(1) in order to reimburse the State for the costs of operating the licensing system provided under subsection (a)(2). SEC. 3. LIMITATION ON PHYSICIAN REFERRALS. (a) General Rule.--Except as provided in this section, if a physician (or an immediate family member of such physician) has a financial relationship with an entity described in section 1877(a)(2) of the Social Security Act, then the physician may not make a referral to the entity for the furnishing of home infusion therapy services. (b) Incorporation of Medicare Physician Ownership and Referral Provisions.--The provisions of subsections (b) through (h) of section 1877 of the Social Security Act (other than subsections (f) and (g)(1)) shall apply with respect to subsection (a) of this section in the same manner as they apply to section 1877(a) of such Act. In applying the previous sentence, any reference to a ``designated health service'' is deemed to be a reference to home infusion therapy services. (c) Treatment of Prescription as a Referral.--In applying subsection (b) and in addition to section 1877(h)(5) of the Social Security Act, the prescription of a drug to be administered through home infusion constitutes a ``referral'' by a ``referring physician''. SEC. 4. HOME INFUSION THERAPY SERVICES DEFINED. For purposes of this Act, the term ``home infusion therapy services'' means the nursing, pharmacy, and related services, including medical supplies, intravenous fluids, delivery, and equipment, required for the provision of therapeutic agents to patients by parenteral administration, including intravenous, intra-arterial, subcutaneous, epidural, intrathecal, intramuscular, and peritoneal infusion, by an enteral feeding tube for the purpose of improving or maintaining an individual's health condition in the individual's residence. SEC. 5. STUDY OF MEDICARE IN-HOME COVERAGE OF CERTAIN INFUSION THERAPY SERVICES. (a) In General.--The Secretary shall conduct a study of the feasibility and economic impact of covering under part B of title XVIII of the Social Security Act on an in-home basis those infusion therapy services that would otherwise be covered under part A of such title. (b) Report.--The Secretary shall submit to Congress, by not later than one year after the date of the enactment of this Act, a report on the study conducted under subsection (a). Such report shall include such recommendations respecting coverage of home infusion therapy services under part B of title XVIII of the Social Security Act as the Secretary deems appropriate. SEC. 6. EFFECTIVE DATES. (a) Licensing Requirement.-- (1) In general.--Except as provided in paragraph (2), section 2(a) shall apply to home infusion therapy services provided on or after the first day of the first month that begins more than 90 days after the date of the enactment of this Act, without regard to whether or not the Secretary Services issues final regulations to carry out such section by such date. (2) Exception where state legislation required.--In the case of a State which the Secretary determines requires State legislation (other than legislation appropriating funds) in order for the State to provide for the licensing required under section 2(a)(2), section 2(a) shall not apply in the State for home infusion therapy services provided 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 the 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. (b) Limitation on Referrals.--Section 3 shall apply to referrals made after December 31, 1995.

Sarah Weber Home Infusion Consumer Protection Act of 1995 - Prohibits any: (1) person from providing home infusion therapy services in a State unless the person is licensed by the State to provide such services; and (2) State from licensing such a person unless the person meets licensing standards established under this Act. Authorizes appropriations. Authorizes grants to States for establishing the licensing system. Prohibits a physician who has a financial relationship with an entity described in specified provisions of title XVIII (Medicare) of the Social Security Act from making a referral to such an entity for the furnishing of such services. Makes Medicare physician ownership and referral provisions applicable to this Act. Specifies that the prescription of a drug to be administered through home infusion shall constitute a referral by a physician.

Sarah Weber Home Infusion Consumer Protection Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``Persian Gulf War Illness Compensation Act of 2001''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Although the majority of veterans of the Armed Forces who served in the Persian Gulf War returned from the Southwest Asia theater of operations to normal activities, many of those veterans have experienced a range of unexplained illnesses, including chronic fatigue, muscle and joint pain, loss of concentration, forgetfulness, headache, and rash. (2) Those veterans were potentially exposed during that war to a wide range of biological and chemical agents, including sand, smoke from oil-well fires, paints, solvents, insecticides, petroleum fuels and their combustion products, organophosphate nerve agents, pyridostigmine bromide, depleted uranium, anthrax and botulinum toxoid vaccinations, and infectious diseases, in addition to other psychological and physiological stresses. (3) Section 1117 of title 38, United States Code, enacted on November 2, 1994, by the Persian Gulf War Veterans' Benefits Act (title I of Public Law 103-446), provides for the payment of compensation to Persian Gulf veterans suffering from a chronic disability resulting from an undiagnosed illness (or combination of undiagnosed illnesses) that became manifest to a compensable degree within a period prescribed by regulation. (4) The Secretary of Veterans Affairs prescribed regulations under section 1117 of title 38, United States Code, that interpreted that section so as to limit compensation to Persian Gulf veterans with illnesses that ``cannot be attributed to any known clinical diagnosis''. (5) In a report dated September 7, 2000, the Institute of Medicine of the National Academy of Sciences indicated that it was not asked to determine whether an identifiable medical syndrome referred to as ``Gulf War Syndrome'' exists and suggested that the Secretary of Veterans Affairs, in developing a compensation program for Persian Gulf veterans, consider the health effects that may be associated with exposures to specific agents that were present in the Southwest Asia theater of operations during the Persian Gulf War. SEC. 3. COMPENSATION OF VETERANS OF PERSIAN GULF WAR WHO HAVE CERTAIN ILLNESSES. (a) Presumptive Period for Undiagnosed Illnesses Program.--Section 1117 of title 38, United States Code, is amended-- (1) in subsection (a)(2), by striking ``within the presumptive period prescribed under subsection (b)'' and inserting ``before December 31, 2011, or such later date as the Secretary may prescribe by regulation''; and (2) by striking subsection (b). (b) Undiagnosed Illnesses.--Such section, as amended by subsection (a), is further amended by inserting after subsection (a) the following new subsection (b): ``(b)(1) For purposes of this section, the term `undiagnosed illness' means illness manifested by symptoms or signs the cause, etiology, or origin of which cannot be specifically and definitely identified, including poorly defined illnesses such as fibromyalgia, chronic fatigue syndrome, autoimmune disorder, and multiple chemical sensitivity. The attribution of one or more of the symptoms to a disability that is not an undiagnosed illness shall not preclude other symptoms from being considered a manifestation of an undiagnosed illness. ``(2) For purposes of paragraph (1), signs or symptoms that may be a manifestation of an undiagnosed illness include the following: ``(A) Fatigue. ``(B) Unexplained rashes or other dermatological signs or symptoms. ``(C) Headache. ``(D) Muscle pain. ``(E) Joint pain. ``(F) Neurologic signs or symptoms. ``(G) Neuropsychological signs or symptoms. ``(H) Signs or symptoms involving the respiratory system (upper or lower). ``(I) Sleep disturbances. ``(J) Gastrointestinal signs or symptoms. ``(K) Cardiovascular signs or symptoms. ``(L) Abnormal weight loss. ``(M) Menstrual disorders.''. (c) Presumption of Service Connection Program.--Section 1118(a) of such title is amended by adding at the end the following new paragraph: ``(4) For purposes of this section, the term `undiagnosed illness' has the meaning given that term in section 1117(b) of this title.''. (d) Effective Date.--(1) For purposes of section 5110(g) of title 38, United States Code-- (A) the amendments to section 1117 of title 38, United States Code, made by subsections (a) and (b) shall take effect as of November 2, 1994; and (B) the amendment to section 1118 of title 38, United States Code, made by subsection (c) shall take effect as of October 21, 1998. (2) The second sentence of section 5110(g) of title 38, United States Code, shall not apply in the case of an award, or increased award, of compensation pursuant to the amendments made by this section if the date of application therefor is not later than one year after the date of the enactment of this Act.

Persian Gulf War Illness Compensation Act of 2001 - Amends a veterans' benefits program of compensation for disabilities occurring in veterans of the Persian Gulf War to: (1) require such disabilities, to be compensable, to occur before December 31, 2011, or such later date as prescribed by the Secretary of Veterans Affairs; (2) define an "undiagnosed illness" in such veterans as one manifested by specified symptoms or signs the cause, etiology, or origin of which cannot be specifically and definitely identified; and (3) include an undiagnosed illness having such a symptom or sign within the presumption of being service-connected and therefore treatable as a service-connected disability.

A bill to amend title 38, United States Code, to clarify the standards for compensation for Persian Gulf veterans suffering from certain undiagnosed illnesses, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``America's Fund for Future Opportunities and Outcomes in the United States Act of 2013'' or ``America's FOCUS Act of 2013''. SEC. 2. FINDINGS. Congress finds the following: (1) The United States faces increasing competition from countries with populations of a billion or more inhabitants, who contribute to the human capital of these countries and improve their performance in the global economy. (2) To ensure that the United States retains its leadership position in the global economy, the United States should maximize the opportunities and outcomes of its citizenry. (3) The United States can achieve this goal by investing in STEM education and character development for youth, justice reinvestment efforts, and innovations in medical research and development. (4) To fund these investments in the public interest, the United States should use revenue generated by acts perpetrated against the public interest. (5) As corporate and financial wrongdoing touches the lives of all Americans, revenue generated by such acts should serve as the basis for these investments. (6) This revenue should be used to assist programs and organizations seeking to better the Nation through their work in the youth mentoring, justice reinvestment, and medical research fields. (7) In 1998, Congress issued Federal charters to the Boys and Girls Clubs of America and Big Brothers Big Sisters of America in recognition of their work helping children reach their full potential and succeed in American public life. Youth mentoring organizations still carry out this work and are putting children on the path to self-sufficiency. These organizations include-- (A) the Boys and Girls Clubs of America; (B) Big Brothers Big Sisters of America; (C) National CARES Mentoring Movement; (D) the First Tee; (E) Amachi; (F) FIRST Robotics; (G) the U.S. DREAM Academy; (H) GEAR UP; (I) the YMCA; (J) Civil Air Patrol; (K) the National Council of Youth Sports; (L) Girls Inc.; and (M) National Urban League. (8) Innovations in medical research and development significantly benefit the American people. For example, through innovations in the diagnosis and treatment of life-threatening diseases, Americans are now living longer and more productive lives, contributing to the economic growth of the United States. Additional investments in medical research and development will contribute to overall public health and productivity in America. (9) Through participation in the Justice Reinvestment Initiative, State governments have implemented evidence-based criminal justice reforms. These reforms are cost effective, redirecting revenue to better serve the public safety needs of local communities. In addition, these reforms have decreased risks of recidivism and instituted alternatives to incarceration for non-violent offenders. According to a July 2013 report from the Urban Institute, States participating in the Justice Reinvestment Initiative may achieve $3.3 billion in savings over the next 10 years. Additional funding to the Initiative would better enable State and local governments to carry out this work and achieve these savings. SEC. 3. AMERICA'S FOCUS FUND. (a) Establishment.--There is established in the Treasury a separate account to be known as the America's FOCUS Fund (hereafter in this Act referred to as the ``Fund''). (b) Revenue Deposited in Fund.--Except as provided in subsection (c), the Secretary of the Treasury shall deposit in the Fund-- (1) all revenue generated by civil and criminal fines and penalties for the violation or alleged violation of Federal law; (2) all revenue generated by legal settlements reached between corporations and the Federal Government for the violation or alleged violation of Federal law; and (3) any gift, bequest, or donation to the Fund from a private entity or individual, if such gift, bequest, or donation does not attach any condition inconsistent with Federal law or regulations. (c) Exceptions.--The Secretary may not deposit in the Fund-- (1) revenue designated for deposit in the Crime Victims Fund established by section 1402 of the Victims of Crime Act of 1984 (42 U.S.C. 10601); or (2) revenue that has been designated by Federal law or court order for deposit in a fund other than the General Fund. (d) Use of Funds.-- (1) In general.--Revenue in the Fund shall be used for the following purposes: (A) Youth mentoring grants.--Not more than 33 percent of the total revenue in the Fund as calculated on a quarterly basis shall be used to award grants for evidence-based youth mentoring and STEM education, in the manner provided in section 4. (B) Justice reinvestment grants.--Not more than 33 percent of the total revenue in the Fund as calculated on a quarterly basis shall be used to award grants for evidence-based justice reinvestment, in the manner provided in section 5. (C) Medical innovation grants.--Not more than 33 percent of the total revenue in the Fund as calculated on a quarterly basis shall be used to award grants and prizes for innovations in medical research and development, in the manner provided in section 6. (D) Reducing the federal debt.--The Secretary shall use the remaining revenue for Federal budget deficit reduction or, if there is no Federal budget deficit for the fiscal year, for reducing the Federal debt in such manner as the Secretary considers appropriate. (2) Requirement to supplement, not supplant other funds.-- Grant funds awarded under this Act shall be used to supplement, and not supplant, other Federal, State, and local funds designated to carry out the activities funded by the grants. (e) Retention of Sums in Fund.--Sums deposited in the Fund shall remain in the Fund and be available for expenditure for grants under this Act without fiscal year limitation. SEC. 4. YOUTH MENTORING GRANTS. (a) In General.-- (1) Youth mentoring grants.--The Secretary of Education, in cooperation with the Federal Mentoring Council, shall award grants to eligible entities that provide evidence-based youth mentoring programs, using the revenue designated for such purpose in subparagraph (A) of section 3(d)(1). (2) STEM education grants.--The Associate Administrator for Education for the National Aeronautics and Space Administration shall award grants to eligible entities that offer STEM education to individuals under the age of 21, using the revenue designated for such purpose in subparagraph (A) of section 3(d)(1). (b) Eligible Entity.--An entity is eligible for a grant under this section if it is-- (1) a national non-profit, community-based organization with at least 2 years of experience in administering STEM education programs or youth mentoring programs; or (2) a State or local government. (c) Application.--An entity seeking to receive a grant under this section shall submit an application at such time and in such form as the Secretary may reasonably require. (d) Distribution of Funds.--Of the funds available under this section, 25 percent shall be allocated for the award of grants to State and local governments. (e) Use of Funds.-- (1) State and local governments.-- (A) In general.--A State or local government that receives a grant under this section shall distribute the grant funds to non-profit, community-based organizations and local educational agencies within the jurisdiction of such government that provide evidence- based mentoring or STEM education to individuals under the age of 21. (B) Funds reserved for vulnerable youth.--A State or local government that receives grant funds under this section shall allocate not less than 50 percent of such funds for distribution to organizations described in subparagraph (A) that provide evidence-based mentoring or STEM education to vulnerable youth. (2) Other entities.-- (A) In general.--An organization other than a State or local government that receives a grant under this section shall use the grant funds to establish or expand one or more programs that provide evidence-based mentoring or STEM education to individuals under the age of 21. (B) Funds reserved for persistent poverty counties.--An organization other than a State or local government that receives grant funds under this section shall allocate not less than 10 percent of such funds for programs that provide evidence-based mentoring or STEM education in persistent poverty counties. (f) Annual Award of Grants.--To the extent funds are available, the grants under this section shall be awarded at least once during each fiscal year, with the first grants to be awarded within 90 days after the date of the enactment of this Act. (g) Definitions.--In this section: (1) STEM education program.--The term ``STEM education program'' means a program to educate students in one or more of the following disciplines: science, technology, engineering, or mathematics. (2) Persistent poverty counties.--The term ``persistent poverty counties'' means any county that has had 20 percent or more of its population living in poverty over the past 30 years, as measured by the 1990, 2000, and 2010 decennial censuses. (3) Vulnerable youth.--The term ``vulnerable youth'' includes individuals under the age of 21-- (A) who experience emotional and adjustment problems; (B) who have left or are at risk of leaving secondary school without a diploma; (C) who lack the skills to succeed in the workforce after graduation; (D) who live in an unstable family or community environment; (E) who are involved in the juvenile justice system; (F) who are homeless or live in foster care; (G) who have physical or mental disabilities; (H) who receive special education; (I) who are or have been victims of human trafficking; or (J) who live in neighborhoods with high rates of illegal drug use. SEC. 5. JUSTICE REINVESTMENT GRANTS. (a) In General.--The Attorney General shall use the revenue designated for justice reinvestment grants in subparagraph (B) of section 3(d)(1) to fund evidence-based justice reinvestment projects as part of the Justice Reinvestment Initiative and programs established under the Second Chance Act within the Department of Justice. (b) Use of Funds.-- (1) State and local governments.-- (A) In general.--Except as provided in paragraphs (2) and (3), 50 percent of the funds under this section shall be used to award grants to State and local governments for evidence-based justice reinvestment projects. (B) Funds reserved for persistent poverty counties.--The Attorney General shall allocate not less than 10 percent of such funds for projects that support persistent poverty counties. (2) Federal government.--The Attorney General may use not more than 25 percent of the funds under this section to support Federal justice reinvestment projects. (3) Second chance act programs.--The Attorney General shall allocate not more than 25 percent of the funds in this section to grant programs established under the Second Chance Act within the Department of Justice. (c) Application.--An entity seeking to receive a grant under this section shall submit an application at such time and in such form as the Attorney General may reasonably require. (d) Annual Award of Grants.--To the extent funds are available, the Attorney General shall award grants under this section at least once during each fiscal year, with the first grants to be awarded within 90 days after the date of the enactment of this Act. (e) Persistent Poverty Counties Defined.--In this section, the term ``persistent poverty counties'' means any county that has had 20 percent or more of its population living in poverty over the past 30 years, as measured by the 1990, 2000, and 2010 decennial censuses. SEC. 6. MEDICAL INNOVATION GRANTS. (a) In General.--The Director of the National Institutes of Health shall use the revenue designated for medical innovation in subparagraph (C) of section 3(d)(1) to fund entities that conduct innovative medical research and development. (b) Use of Funds.-- (1) Grants.-- (A) In general.--Except as provided in paragraph (2), the funds available under this section shall be used to award grants to entities that conduct innovative medical research and development to provide faster cures for medical ailments and diseases. (B) Application.--An entity seeking to receive a grant under this paragraph shall submit an application at such time and in such form as the Director may reasonably require. (2) Prizes.--The Director may use not more than 15 percent of the funds available under this section to award monetary prizes to entities that have used their own funding and research facilities to produce innovative results in medical research and development. (c) Annual Award of Grants and Prizes.--To the extent funds are available, the Director of the National Institutes of Health shall award the grants and prizes under this section at least once during each fiscal year, with the first grants and prizes to be awarded within 90 days after the date of the enactment of this Act.

America's Fund for Future Opportunities and Outcomes in the United States Act of 2013 or the America's FOCUS Act of 2013 - Establishes a separate account in the U.S. Treasury to be known as the America's FOCUS Fund, into which shall be deposited: (1) revenue generated by civil and criminal fines and penalties for violations or alleged violations of federal law; (2) revenue generated by legal settlements reached between corporations and the federal government for violations or alleged violations of federal law; and (3) gifts, bequests, or donations to the Fund from private entities or individuals. Requires that, of the total revenue in the Fund: (1) up to 33% be used to award grants for youth mentoring and science, technology, engineering, and mathematics (STEM) education; (2) up to 33% be used to award grants for justice reinvestment; (3) up to 33% be used to award grants and prizes for innovations in medical research and development; and (4) the remaining revenue be used to reduce the federal budget deficit or, if there is no deficit, to reduce the federal debt. Directs the Secretary of Education to award the grants for youth mentoring programs, and the Associate Administrator for Education for the National Aeronautics and Space Administration (NASA) to award the grants for STEM education programs, to: (1) national non-profit, community-based organizations with at least two years of experience in administering such programs; and (2) state or local governments. Requires that, of the funds available for justice reinvestment, the Department of Justice (DOJ): (1) award 50% to state and local governments for justice reinvestment projects, (2) use up to 25% of the funds to support federal justice reinvestment projects, and (3) allocate up to 25% of the funds to grant programs established under the Second Chance Act within DOJ. Requires the Director of the National Institutes of Health (NIH) to use the revenue designated for medical innovation to fund entities that conduct innovative medical research and development. Authorizes the Director to use up to 15% of those funds to award monetary prizes to entities that have used their own funding and research facilities to produce innovative results. Requires that the grant funds be used to supplement, not supplant, other federal, state, and local funds designated to carry out those activities.

America's FOCUS Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting Children Against Crime Act of 2003''. SEC. 2. NO STATUTE OF LIMITATIONS FOR CHILD ABDUCTION AND SEX CRIMES. (a) Statute of Limitations.-- (1) In general.--Chapter 213 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 3297. Child abduction and sex offenses ``Notwithstanding any other provision of law, an indictment may be found or an information instituted at any time without limitation for any offense under section 1201 involving a minor victim, and for any felony under chapter 109A, 110, or 117, or section 1591.''. (2) Clerical amendment.--The table of sections at the beginning of chapter 213 of title 18, United States Code, is amended by adding at the end the following new item: ``3297. Child abduction and sex offenses.''. (b) Application.--The amendments made by this section shall apply to the prosecution of any offense committed before, on, or after the date of the enactment of this section. SEC. 3. REGISTRATION OF CHILD PORNOGRAPHERS IN THE NATIONAL SEX OFFENDER REGISTRY. (a) Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Program.--Section 170101 of subtitle A of title XVII of the Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 14071(a)) is amended-- (1) by striking the section heading and inserting the following: ``SEC. 170101. JACOB WETTERLING CRIMES AGAINST CHILDREN AND SEXUALLY VIOLENT OFFENDER REGISTRATION PROGRAM.''; and (2) in subsection (a)(3)-- (A) in clause (vii), by striking ``or'' at the end; (B) by redesignating clause (viii) as clause (ix); and (C) by inserting after clause (vii) the following: ``(viii) production or distribution of child pornography, as described in section 2251, 2252, or 2252A of title 18, United States Code; or''. (b) Authorization of Appropriations.--There are authorized to be appropriated to the Department of Justice, for each of fiscal years 2004 through 2007, such sums as may be necessary to carry out the amendments made by this section. SEC. 4. GRANT PROGRAM FOR NEW TECHNOLOGIES TO IMPROVE AMBER ALERT COMMUNICATIONS PLANS. (a) Program Required.--The Attorney General of the United States shall carry out a program to provide grants to States for the development or enhancement of programs and activities for the support of AMBER Alert communications plans. (b) Activities.--Activities funded by grants under the program under subsection (a) may include the development and implementation of new technologies to improve AMBER Alert communications. (c) Federal Share.--The Federal share of the cost of any activities funded by a grant under the program under subsection (a) may not exceed 50 percent of the total cost thereof. (d) Distribution of Grant Amounts on Geographic Basis.--The Attorney General shall, to the maximum extent practicable, ensure the distribution of grants under the program under subsection (a) on an equitable basis throughout the various regions of the United States. (e) Administration.--The Attorney General shall prescribe requirements, including application requirements, for grants under the program under subsection (a). (f) Authorization of Appropriations.-- (1) In general.--There is authorized to be appropriated to the Department of Justice $5,000,000 for each of fiscal years 2004 through 2007, to carry out this section. (2) Availability.--Amounts appropriated pursuant to the authorization of appropriations in paragraph (1) shall remain available until expended. SEC. 5. NATIONAL RESEARCH COUNCIL STUDY AND REPORT CONCERNING ON-LINE PORNOGRAPHY. (a) Study.--The National Research Council of the National Academy of Sciences shall conduct a study of-- (1) the extent to which it is possible for Internet service providers to monitor Internet traffic to detect illicit child pornography sites on the Internet, and the extent to which they do so; (2) the extent to which purveyors use credit cards to facilitate the sale of illegal child pornography on the Internet; (3) which credit card issuers have in place a system to facilitate the identification of purveyors who use credit cards to facilitate the sale of illicit child pornography; and (4) options for encouraging greater reporting of such illicit transactions to law enforcement officials. (b) Report to Congress.--Not later than 12 months after the date of enactment of this Act, the National Research Council shall submit a report to the Congress on the study conducted under subsection (a). SEC. 6. SEVERABILITY. If any provision of this Act, an amendment made by this Act, or the application of such provision or amendment to any person or circumstance is held to be unconstitutional, the remainder of this Act, the amendments made by this Act, and the application of the provisions of such to any person or circumstance shall not be affected thereby.

Protecting Children Against Crime Act of 2003 - Amends the Federal criminal code to provide that no statute of limitations shall apply for specified child abduction and sex offenses.Amends the Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act to provide for the registration in the national sex offender registry of persons who produce or distribute child pornography.Requires the Attorney General to carry out a program to provide grants to States for the development or enhancement of programs and activities for the support of AMBER Alert communications plans.Directs the National Research Council of the National Academy of Sciences to study: (1) the extent to which Internet service providers can and do monitor Internet traffic to detect illicit child pornography sites; (2) the extent to which purveyors use credit cards to facilitate the sale of illegal child pornography on the Internet; (3) which credit card issuers have a system to facilitate the identification of such purveyors; and (4) options for encouraging greater reporting of such illicit transactions to law enforcement officials.

A bill to enhance the protection of children against crime by eliminating the statute of limitations for child abduction and sex crimes, providing for registration of child pornographers as sex offenders, establishing a grant program in support of AMBER Alert communications plans, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Military Overseas Voter Empowerment Act of 2001''. SEC. 2. FINDINGS. Congress finds as follows: (1) National defense is a core responsibility of the Federal Government, which has the sole authority to raise and maintain the military, and the Federal Government has a special responsibility to ensure the voting rights of military members and their families are adequately protected. (2) Over 2,700,000 members of the military and their families are stationed away from their home of record at any given time. (3) The disenfranchisement of military voters has been acknowledged since 1952, when the Subcommittee on Elections of the Committee on House Administration of the House of Representatives conducted hearings on the likely disenfranchisement of military personnel then fighting in the Korean War, and President Truman recommended the enactment of temporary legislation by Congress since it ``should be possible to make all the necessary changes in State laws before the congressional elections of 1954.'' (4) The controversy during the 2000 Federal election over uncounted military absentee ballots has again shown that the votes of many military members and their families have not been counted because of confusing State and local procedures, cumbersome ballot request and submission requirements, and complicated procedures and ballots. (5) Some States do not recognize the rights of military voters and their families to vote in their domicile of origin, further disenfranchising these voters and their families. (6) Therefore, Federal legislation is needed to protect the voting rights of military personnel who serve in defense of our Nation. SEC. 3. GUARANTEE OF RESIDENCY FOR MILITARY PERSONNEL. Article VII of the Soldiers' and Sailors' Civil Relief Act of 1940 (50 U.S.C. App. 590 et seq.) is amended by adding at the end the following: ``Sec. 704. (a) For purposes of voting for any Federal office (as defined in section 301 of the Federal Election Campaign Act of 1971 (2 U.S.C. 431)) or a State or local office, a person who is absent from a State in compliance with military or naval orders shall not, solely by reason of that absence-- ``(1) be deemed to have lost a residence or domicile in that State, without regard to whether or not the person intends to return to that State; ``(2) be deemed to have acquired a residence or domicile in any other State; or ``(3) be deemed to have become a resident in or a resident of any other State. ``(b) In this section, the term `State' includes a territory or possession of the United States, a political subdivision of a State, territory, or possession, and the District of Columbia.''. SEC. 4. EXTENSION OF REGISTRATION AND BALLOTING RIGHTS FOR ABSENT UNIFORMED SERVICES VOTERS TO STATE AND LOCAL ELECTIONS. (a) In General.--Section 102 of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-1) is amended-- (1) by inserting ``(a) Elections for Federal Offices.--'' before ``Each State shall--''; and (2) by adding at the end the following: ``(b) Elections for State and Local Offices.--Each State shall-- ``(1) permit absent uniformed services voters to use absentee registration procedures and vote by absentee ballot in general, special, primary, and runoff elections for State and local offices; and ``(2) accept and process, with respect to any election described in paragraph (1), any otherwise valid voter registration application from an absent uniformed services voter if the application is received by the appropriate State election official not less than 30 days before the date of the election.''. (b) Conforming Amendment.--The heading for title I of such Act is amended by striking ``FOR FEDERAL OFFICE''. SEC. 5. TREATMENT OF APPLICATIONS AND ABSENTEE BALLOTS SUBMITTED BY ABSENT UNIFORMED SERVICES VOTERS. (a) In General.--Section 102 of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1073ff-1), as amended by section 4, is amended by adding at the end the following: ``(c) Mandatory Minimum Period Between Availability of Absentee Ballot and Deadline for Submission for Absent Uniformed Services Voters.--A State shall not refuse to count an otherwise valid absentee ballot submitted in an election for Federal, State, or local office by an absent uniformed services voter on the grounds that the ballot was not submitted in a timely manner if the ballot was submitted not later than 30 days after the date on which the ballot was made available by the State. ``(d) Standard for Invalidation of Ballots Submitted by Absent Uniformed Services Voters.-- ``(1) Fraud.-- ``(A) In general.--A State shall not refuse to count an otherwise valid ballot submitted in an election for Federal office by an absent uniformed services voter on the grounds that the ballot was improperly or fraudulently cast unless the State finds clear and convincing evidence of fraud in the preparation or casting of the ballot by the voter. ``(B) Evidence not considered clear and convincing evidence of fraud.--The lack of a witness signature, address, postmark, or other identifying information shall not be considered clear and convincing evidence of fraud under subparagraph (A), absent other information or evidence. ``(2) No effect on filing deadlines under state law.-- Nothing in this subsection shall be construed to affect the applicability of any ballot submission deadline under State law to absentee ballots submitted by absent uniformed services voters (taking into account the requirements of subsection (c)). ``(e) Prohibiting Refusal of Applications on Grounds of Early Submission.--A State shall not refuse to accept or process, with respect to any general, special, primary, or runoff election for Federal office, any otherwise valid voter registration application or absentee ballot application from an absent uniformed services voter, on the ground that the voter submitted the application before the first date on which the State otherwise accepts or processes such applications from absentee voters.''. (b) Use of Single Application for Absentee Ballots for All Federal Elections.--Section 102(a) of such Act (42 U.S.C. 1973ff-1(a)), as designated by section 4(a), is amended-- (1) by striking ``and'' at the end of paragraph (2); (2) by redesignating paragraph (3) as paragraph (4); and (3) by inserting after paragraph (2) the following: ``(3) accept and process, with respect to all general, special, primary, and runoff elections for Federal office occurring during a year, any otherwise valid absentee ballot application from an absent uniformed services voter or overseas voter, if a single application for any such election is received by the appropriate State election official not less than 30 days before the first election for Federal office occurring during the year; and''. SEC. 6. GRANTING PROTECTIONS GIVEN TO ABSENT UNIFORMED SERVICES VOTERS TO RECENTLY SEPARATED UNIFORMED SERVICES VOTERS. The Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff et seq.) is amended by inserting after section 104 the following: ``SEC. 104A. COVERAGE OF RECENTLY SEPARATED UNIFORMED SERVICES VOTERS. ``(a) In General.--For purposes of this Act, an individual who is a separated uniformed services voter (or the spouse or dependent of such an individual) shall be treated in the same manner as an absent uniformed services voter with respect to any election occurring during the 60-day period which begins on the date the individual becomes a separated uniformed services voter. ``(b) Separated Uniformed Services Voter Defined.-- ``(1) In general.--In this section, the term `separated uniformed services voter' means an individual who-- ``(A) is separated from the uniformed services; ``(B) was a uniformed services voter immediately prior to separation; ``(C) presents to an appropriate election official Department of Defense form 214, or any other official proof, showing that the individual meets the requirements of subparagraphs (A) and (B); and ``(D) is otherwise qualified to vote with respect to the election involved. ``(2) Uniformed services voter.--In paragraph (1), the term `uniformed services voter' means-- ``(A) a member of a uniformed service on active duty; or ``(B) a member of the merchant marine.''. SEC. 7. ELECTRONIC VOTING DEMONSTRATION PROJECT. (a) In General.--The Secretary of Defense shall carry out a demonstration project under which absent uniformed services voters (as defined in section 107(1) of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-6(1)) are permitted to cast ballots in the regularly scheduled general election for Federal office for November 2002 through an electronic voting system. (b) Coordination With State Election Officials.--To the greatest extent practicable, the Secretary of Defense shall carry out the demonstration project under this section through cooperative agreements with State election officials. (c) Report to Congress.--Not later than June 1, 2003, the Secretary of Defense shall submit a report to Congress analyzing the demonstration project conducted under this section, and shall include in the report any recommendations the Secretary of Defense considers appropriate for continuing the project on an expanded basis during the next regularly scheduled general election for Federal office. SEC. 8. EFFECTIVE DATE. This Act and the amendments made by this Act shall apply with respect to elections occurring after the date of enactment of this Act.

Military Overseas Voter Empowerment Act of 2001 - Amends the Soldiers' and Sailors' Civil Relief Act of 1940 to provide that, for purposes of voting for any Federal, State, or local office, a person who is absent from a State in compliance with military or naval orders shall not, solely by reason of that absence, be deemed to have: (1) lost a residence or domicile in that State, without regard to whether or not the person intends to return to that State; (2) acquired a residence or domicile in any other State; or (3) become a resident in or a resident of any other State.Amends the Uniformed and Overseas Citizens Absentee Voting Act to provide for: (1) extension of registration and balloting rights for absent uniformed services voters to State and local elections; (2) treatment of applications and absentee ballots submitted by absent uniformed services voters; and (3) coverage of recently separated uniformed services voters as absent uniformed services voters.Directs the Secretary of Defense to carry out a demonstration project under which absent uniformed services voters are permitted to cast ballots in the regularly scheduled general election for Federal office for November 2002 through an electronic voting system.

A bill to ensure that military personnel do not lose the right to cast votes in elections in their domicile as a result of their service away from the domicile, to amend the Uniformed and Overseas Citizens absentee Voting Act to extend the voter registration and absentee ballot protections for absent uniformed services personnel under such Act to State and local elections, and for other purposes.

SECTION 1. FINDINGS. The Congress finds as follows: (1) The United States is facing a continuing crisis in writing in schools and in the workplace. (2) Nationwide reports show that nearly \1/3\ of high school graduates are not ready for college-level English composition courses. (3) Writing is a threshold skill for both employment and promotion; deficiencies in writing skills have resulted in annual private-sector costs for providing writing training as high as $3,100,000,000. (4) Writing is a central feature in State and local educational standards in all disciplines. (5) Since 1973, the only national program to address the writing problem in the Nation's schools has been the National Writing Project's network of collaborative university-school programs. (6) Evaluations of the National Writing Project document significant gains in student performance in writing and effective classroom practices. (7) The National Writing Project has become a model for programs to improve teaching in such other fields as mathematics, science, history, civics and government, geography, reading and literature, technology, performing arts, and foreign languages. (8) Each year, more that 135,000 teachers directly benefit from National Writing Project programs in nearly 200 sites located in all 50 States, the District of Columbia, Puerto Rico, and the U.S. Virgin Islands. SEC. 2. REAUTHORIZATION. Subpart 2 of part C of title II of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6701 et seq.) is amended to read as follows: ``Subpart 2--National Writing Project ``SEC. 2331. PURPOSES. ``The purposes of this subpart are-- ``(1) to support and promote the expansion of the National Writing Project network of sites so that teachers in every region of the United States will have access to a National Writing Project program; ``(2) to ensure the consistent high quality of the sites through ongoing review, evaluation, and technical assistance; ``(3) to support and promote the establishment of programs to disseminate effective practices and research findings about the teaching of writing; and ``(4) to coordinate activities assisted under this subpart with activities assisted under this Act. ``SEC. 2332. NATIONAL WRITING PROJECT. ``(a) Authorization.--The Secretary is authorized to award a grant to the National Writing Project, a nonprofit educational organization that has as its primary purpose the improvement of the quality of student writing and learning (hereafter in this section referred to as the `grantee') to improve the teaching of writing and the use of writing as a part of the learning process in our Nation's classrooms. ``(b) Requirements of Grant.--The grant shall provide that-- ``(1) the grantee will enter into contracts with institutions of higher education or other nonprofit educational providers (hereafter in this section referred to as `contractors') under which the contractors will agree to establish, operate, and provide the non-Federal share of the cost of teacher training programs in effective approaches and processes for the teaching of writing; ``(2) funds made available by the Secretary to the grantee pursuant to any contract entered into under this section will be used to pay the Federal share of the cost of establishing and operating teacher training programs as provided in paragraph (1); and ``(3) the grantee will meet such other conditions and standards as the Secretary determines to be necessary to assure compliance with the provisions of this section and will provide such technical assistance as may be necessary to carry out the provisions of this section. ``(c) Teacher Training Programs.--The teacher training programs authorized in subsection (a) shall-- ``(1) be conducted during the school year and during the summer months; ``(2) train teachers who teach grades kindergarten through college; ``(3) select teachers to become members of a National Writing Project teacher network whose members will conduct writing workshops for other teachers in the area served by each National Writing Project site; and ``(4) encourage teachers from all disciplines to participate in such teacher training programs. ``(d) Federal Share.-- ``(1) In general.--Except as provided in paragraph (2) or (3) and for purposes of subsection (a), the term `Federal share' means, with respect to the costs of teacher training programs authorized in subsection (a), 50 percent of such costs to the contractor. ``(2) Waiver.--The Secretary may waive the provisions of paragraph (1) on a case-by-case basis if the National Advisory Board described in subsection (e) determines, on the basis of financial need, that such waiver is necessary. ``(3) Maximum.--The Federal share of the costs of teacher training programs conducted pursuant to subsection (a) may not exceed $150,000 for any one contractor, or $300,000 for a statewide program administered by any one contractor in at least five sites throughout the State. ``(e) National Advisory Board.-- ``(1) Establishment.--The National Writing Project shall establish and operate a National Advisory Board. ``(2) Composition.--The National Advisory Board established pursuant to paragraph (1) shall consist of-- ``(A) national educational leaders; ``(B) leaders in the field of writing; and ``(C) such other individuals as the National Writing Project determines necessary. ``(3) Duties.--The National Advisory Board established pursuant to paragraph (1) shall-- ``(A) advise the National Writing Project on national issues related to student writing and the teaching of writing; ``(B) review the activities and programs of the National Writing Project; and ``(C) support the continued development of the National Writing Project. ``(f) Evaluation.-- ``(1) In general.--The Secretary shall conduct an independent evaluation by grant or contract of the teacher training programs administered pursuant to this subpart. Such evaluation shall specify the amount of funds expended by the National Writing Project and each contractor receiving assistance under this section for administrative costs. The results of such evaluation shall be made available to the appropriate committees of Congress. ``(2) Funding limitation.--The Secretary shall reserve not more than $150,000 from the total amount appropriated pursuant to the authority of subsection (h) for fiscal year 2008, and such sums as may be necessary for each of the 5 succeeding fiscal years, to conduct the evaluation described in paragraph (1). ``(g) Application Review.-- ``(1) Review board.--The National Writing Project shall establish and operate a National Review Board that shall consist of-- ``(A) leaders in the field of research in writing; and ``(B) such other individuals as the National Writing Project deems necessary. ``(2) Duties.--The National Review Board shall-- ``(A) review all applications for assistance under this subsection; and ``(B) recommend applications for assistance under this subsection for funding by the National Writing Project. ``(h) Authorization of Appropriations.--There are authorized to be appropriated to carry out this subpart $30,000,000 for fiscal year 2008 and such sums as may be necessary for each of the 5 succeeding fiscal years.''.

Amends the Elementary and Secondary Education Act of 1965 to raise monetary caps on the federal share of National Writing Project teacher training costs. Reauthorizes the National Writing Project through FY2013.

To reauthorize the National Writing Project.

SECTION 1. IMMIGRANTS WITH ADVANCED DEGREES. (a) Worldwide Level.--Section 201 of the Immigration and Nationality Act (8 U.S.C. 1151) is amended-- (1) in subsection (a)(3), by inserting ``and immigrants with advanced degrees'' after ``diversity immigrants''; and (2) by amending subsection (e) to read as follows: ``(e) Worldwide Level of Diversity Immigrants and Immigrants With Advanced Degrees.-- ``(1) Diversity immigrants.--The worldwide level of diversity immigrants described in section 203(c)(1) is equal to 18,333 for each fiscal year. ``(2) Immigrants with advanced degrees.--The worldwide level of immigrants with advanced degrees described in section 203(c)(2) is equal to 36,667 for each fiscal year.''. (b) Allocation of Immigrant Visas.--Section 203 of the Immigration and Nationality Act (8 U.S.C. 1153(c)) is amended-- (1) in subsection (c)-- (A) in paragraph (1), by striking ``paragraph (2), aliens subject to the worldwide level specified in section 201(e)'' and inserting ``paragraphs (2) and (3), aliens subject to the worldwide level specified in section 201(e)(1)''; (B) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; (C) by inserting after paragraph (1) the following: ``(2) Aliens who hold an advanced degree in science, mathematics, technology, or engineering.-- ``(A) In general.--Qualified immigrants who hold a master's or doctorate degree in the life sciences, the physical sciences, mathematics, technology, or engineering shall be allotted visas each fiscal year in a number not to exceed the worldwide level specified in section 201(e)(2). ``(B) Economic considerations.--Beginning on the date which is 1 year after the date of the enactment of this paragraph, the Secretary of State, in consultation with the Secretary of Commerce and the Secretary of Labor, and after notice and public hearing, shall determine which of the degrees described in subparagraph (A) will provide immigrants with the knowledge and skills that are most needed to meet anticipated workforce needs and protect the economic security of the United States.''; (D) in paragraph (3), as redesignated, by striking ``this subsection'' each place it appears and inserting ``paragraph (1)''; and (E) by amending paragraph (4), as redesignated, to read as follows: ``(4) Maintenance of information.-- ``(A) Diversity immigrants.--The Secretary of State shall maintain information on the age, occupation, education level, and other relevant characteristics of immigrants issued visas under paragraph (1). ``(B) Immigrants with advanced degrees.--The Secretary of State shall maintain information on the age, degree (including field of study), occupation, work experience, and other relevant characteristics of immigrants issued visas under paragraph (2).''; and (2) in subsection (e)-- (A) in paragraph (2), by striking ``(c)'' and inserting ``(c)(1)''; (B) by redesignating paragraph (3) as paragraph (4); and (C) by inserting after paragraph (2) the following: ``(3) Immigrant visas made available under subsection (c)(2) shall be issued as follows: ``(A) If the Secretary of State has not made a determination under subsection (c)(2)(B), immigrant visas shall be issued in a strictly random order established by the Secretary for the fiscal year involved. ``(B) If the Secretary of State has made a determination under subsection (c)(2)(B) and the number of eligible qualified immigrants who have a degree selected under such subsection and apply for an immigrant visa described in subsection (c)(2) is greater than the worldwide level specified in section 201(e)(2), the Secretary shall issue immigrant visas only to such immigrants and in a strictly random order established by the Secretary for the fiscal year involved. ``(C) If the Secretary of State has made a determination under subsection (c)(2)(B) and the number of eligible qualified immigrants who have degrees selected under such subsection and apply for an immigrant visa described in subsection (c)(2) is not greater than the worldwide level specified in section 201(e)(2), the Secretary shall-- ``(i) issue immigrant visas to eligible qualified immigrants with degrees selected in subsection (c)(2)(B); and ``(ii) issue any immigrant visas remaining thereafter to other eligible qualified immigrants with degrees described in subsection (c)(2)(A) in a strictly random order established by the Secretary for the fiscal year involved.''. (c) Effective Date.--The amendments made by this section shall take effect on October 1, 2007. SEC. 2. CARRYOVER OF ADVANCED DEGREE VISAS AND DIVERSITY VISAS. Section 204(a)(1)(I)(ii)(II) of the Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(I)(ii)(II)) is amended to read as follows: ``(II) An immigrant visa made available under subsection 203(c) for fiscal year 2007, or for any subsequent fiscal year, may be issued, or adjustment of status under section 245(a) may be granted, to an eligible qualified alien who has properly applied for such visa or adjustment of status in the fiscal year for which the alien was selected notwithstanding the end of such fiscal year. Such visa or adjustment of status shall be counted against the worldwide levels set forth in section 201(e) for the fiscal year for which the alien was selected.''.

Amends the Immigration and Nationality Act to include immigrants with advanced degrees in the diversity immigrant category. Establishes the annual worldwide limit for such immigrants at 18,333 for diversity immigrants and 36,667 for advanced degree immigrants. Provides that immigrants with advanced degrees in science, technology, engineering, or math shall have a separate limitation equal to that for advanced degree immigrants, which shall include economic and workforce considerations. Directs the Secretary of State to maintain age, education, and occupation information on diversity and advanced degree immigrants. Provides for the carryover of advanced degree and diversity visas.

A bill to amend title II of the Immigration and Nationality Act to reform the diversity visa program and create a program that awards visas to aliens with an advanced degree.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fairness to All Vietnam Veterans Act''. SEC. 2. FINDINGS. Congress finds as follows: (1) Public Law 96-297 (94 Stat. 827) authorized the Vietnam Veterans Memorial Fund, Inc., (the ``Memorial Fund'') to construct a memorial ``in honor and recognition of the men and women of the Armed Forces of the United States who served in the Vietnam war''. (2) The Memorial Fund determined that the most fitting tribute to those who served in the Vietnam war would be to permanently inscribe the names of the members of the Armed Forces who died during the Vietnam war, or who remained missing at the conclusion of the war, on a memorial wall. (3) The Memorial Fund relied on the Department of Defense to compile the list of individuals whose names would be inscribed on the memorial wall and the criteria for inclusion on such list. (4) The Memorial Fund established procedures under which mistakes and omissions in the inscription of names on the memorial wall could be corrected. (5) Under such procedures, the Department of Defense established eligibility requirements that must be met before the Memorial Fund will make arrangements for the name of a veteran to be inscribed on the memorial wall. (6) The Department of Defense determines the eligibility requirements and has periodically modified such requirements. (7) As of February 1981, in order for the name of a veteran to be eligible for inscription on the memorial wall, the veteran must have-- (A) died in Vietnam between November 1, 1955, and December 31, 1960; (B) died in a specified geographic combat zone on or after January 1, 1961; (C) died as a result of physical wounds sustained in such combat zone; or (D) died while participating in, or providing direct support to, a combat mission immediately en route to or returning from such combat zone. (8) Public Law 106-214 (114 Stat. 335) authorizes the American Battle Monuments Commission to provide for the placement of a plaque within the Vietnam Veterans Memorial ``to honor those Vietnam veterans who died after their service in the Vietnam war, but as a direct result of that service, and whose names are not otherwise eligible for placement on the memorial wall''. (9) The names of a number of veterans who died during the Vietnam war are not eligible for inscription on the memorial wall or the plaque. (10) Examples of such names include the names of the 74 servicemembers who died aboard the USS Frank E. Evans (DD-174) on June 3, 1969, while the ship was briefly outside the combat zone participating in a training exercise. SEC. 3. STUDY AND REPORT. (a) Study.--The Secretary of Defense shall conduct a study that-- (1) identifies the veterans (as defined in section 101(2) of title 38, United States Code) who died on or after November 1, 1955, as a direct or indirect result of military operations in southeast Asia and whose names are not eligible for inscription on the memorial wall of the Vietnam Veterans Memorial; (2) evaluates the feasibility and equitability of revising the eligibility requirements applicable to the inscription of names on the memorial wall to be more inclusive of such veterans; and (3) evaluates the feasibility and equitability of creating an appropriate alternative means of recognition for such veterans, including any such alternatives involving an education center at the Vietnam Veterans Memorial. (b) Report.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report based on the study conducted under subsection (a). Such report shall include-- (1) the reasons (organized by category) that the names of the veterans identified under subsection (a)(1) are not eligible for inscription on the memorial wall under current eligibility requirements, and the number of veterans affected in each category; (2) a list of the alternative eligibility requirements considered under subsection (a)(2); (3) a list of the alternative means of recognition considered under subsection (a)(3); and (4) the conclusions and recommendations of the Secretary of Defense with regard to the feasibility and equitability of each alternative considered. (c) Consultations.--In conducting the study under subsection (a) and preparing the report under subsection (b), the Secretary of Defense shall consult with-- (1) the Secretary of Veterans Affairs; (2) the Secretary of the Interior; (3) the Vietnam Veterans Memorial Fund, Inc.; (4) the American Battle Monuments Commission; (5) the Vietnam Women's Memorial, Inc.; and (6) the National Capital Planning Commission.

Fairness to All Vietnam Veterans Act - Directs the Secretary of Defense to study and report to Congress: (1) to identify veterans who died after October 31, 1955, as a result of military operations in southeast Asia whose names are not eligible for inscription on the Vietnam Veterans Memorial; and (2) on the feasibility and equitability of revising the eligibility requirements to be more inclusive of such veterans or of creating an alternative means for recognizing them, including alternatives involving an education center at the Memorial.

To require the Secretary of Defense to report to Congress regarding the requirements applicable to the inscription of veterans' names on the memorial wall of the Vietnam Veterans Memorial.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Overseas Private Investment Corporation Amendments Act of 2003''. SEC. 2. ISSUING AUTHORITY. Section 235(a)(2) of the Foreign Assistance Act of 1961 (22 U.S.C. 2195(a)(2)) is amended by striking ``November 1, 2000'' and inserting ``2007''. SEC. 3. TECHNICAL CORRECTIONS. (a) Administrative Costs.--Section 235(a)(1)(B) of the Foreign Assistance Act of 1961 (22 U.S.C. 2195(a)(1)(B)) is amended by striking ``subsidy cost'' and inserting ``subsidy and administrative costs''. (b) Noncredit Account Revolving Fund.--Section 235(c) of the Foreign Assistance Act of 1961 (22 U.S.C. 2195(c)) is amended-- (1) in the first sentence-- (A) by striking ``an insurance and guaranty fund, which shall have separate accounts to be known as the Insurance Reserve and the Guaranty Reserve, which reserves'' and inserting ``a noncredit account revolving fund, which''; and (B) by striking ``such reserves have'' and inserting ``of the fund has''; (2) by striking the third sentence; and (3) in the last sentence, by striking ``reserves'' and inserting ``fund''. (c) Payments to Discharge Liabilities.--Section 235(d) of the Foreign Assistance Act of 1961 (22 U.S.C. 2195(d)) is amended-- (1) in the first sentence, by striking ``Insurance Reserve, as long as such reserve'' and inserting ``noncredit account revolving fund, as long as such fund''; and (2) in the second sentence, by striking ``or under similar predecessor guaranty authority'' and all that follows through ``subsection (f) of this section'' and inserting ``or 234(c) shall be paid in accordance with the Federal Credit Reform Act of 1990''. (d) Authorization of Appropriations.--Section 235(f) of the Foreign Assistance Act of 1961 (22 U.S.C. 2195(f)) is amended-- (1) in the first sentence, by striking ``insurance and guaranty fund'' and inserting ``noncredit account revolving fund''; and (2) by striking ``Insurance Reserve'' each place it appears and inserting ``noncredit account revolving fund''. (e) Board of Directors.--Section 233(b) of the Foreign Assistance Act of 1961 (22 U.S.C. 2193(b)) is amended in the second paragraph-- (1) by striking ``officials'' and inserting ``principal officers''; (2) by inserting ``whose duties relate to the programs of the Corporation'' after ``Government of the United States''; and (3) by striking ``an official'' and inserting ``one such officer''. SEC. 4. INVESTMENT INSURANCE. (a) Expropriation or Confiscation.--Section 234(a)(1)(B) of the Foreign Assistance Act of 1961 (22 U.S.C. 2194(a)(1)(B)) is amended by inserting ``or any political subdivision thereof'' after ``government''. (b) Definition of Expropriation.--Section 238(b) of the Foreign Assistance Act of 1961 (22 U.S.C. 2198(b)) is amended by inserting ``, a political subdivision of a foreign government, or a corporation owned or controlled by a foreign government,'' after ``government''. SEC. 5. LOCAL CURRENCY GUARANTY. (a) Local Currency Guaranty.--Section 234 of the Foreign Assistance Act of 1961 (22 U.S.C. 2194) is amended by adding at the end the following: ``(h) Local Currency Guaranties for Eligible Investors.--To issue to-- ``(1) eligible investors, or ``(2) local financial institutions, guaranties, denominated in currencies other than United States dollars, of loans and other investments made to projects sponsored by or significantly involving eligible investors, assuring against loss due to such risks and upon such terms and conditions as the Corporation may determine, for projects that the Corporation determines to have significant developmental effects or as the Corporation determines to be necessary or appropriate to carry out the purposes of this title.''. (b) Definition of Local Financial Institution.--Section 238 of the Foreign Assistance Act of 1961 (22 U.S.C. 2198) is amended-- (1) in subsection (d), by striking ``and'' after the semicolon; (2) in subsection (f), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(g) the term `local financial institution'-- ``(1) means any bank or financial institution that is organized under the laws of any country or area in which the Corporation operates; but ``(2) does not include a branch, however organized, of a bank or other financial institution that is organized under the laws of a country in which the Corporation does not operate.''. SEC. 6. OUTREACH TO MINORITY- AND WOMEN-OWNED BUSINESSES. (a) In General.--Section 240 of the Foreign Assistance Act of 1961 (22 U.S.C. 2200) is amended-- (1) in the first sentence, by striking ``The Corporation'' and inserting ``(a) In General.--The Corporation''; and (2) by adding at the end the following: ``(b) Outreach to Minority-Owned and Women-Owned Businesses.--The Corporation shall collect data on the involvement of minority- and women-owned businesses in projects supported by the Corporation, including-- ``(1) the amount of insurance and financing provided by the Corporation to such businesses in connection with projects supported by the Corporation; and ``(2) to the extent such information is available, the involvement of such businesses in procurement activities conducted or supported by the Corporation. The Corporation shall include, in its annual report submitted to the Congress under section 240A, the aggregate data collected under this paragraph, in such form as to quantify the effectiveness of the Corporation's outreach activities to minority- and women-owned businesses.''.

Overseas Private Investment Corporation Amendments Act of 2003 - (Sec. 2) Amends the Foreign Assistance Act of 1961 to continue through FY 2007 the authority of the Overseas Private Investment Corporation (OPIC) to issue investment insurance and guaranties. (Sec. 3) Authorizes OPIC to make transfers from its noncredit activities to pay for administrative costs of its investment guaranties and direct loan programs as well as (under current law) to pay for their subsidy costs. Changes to a noncredit account revolving fund in the Treasury the current insurance and guaranty fund, with its separate Insurance Reserve and Guaranty Reserve accounts, hereby abolished. Revises requirements for the OPIC Board of Directors to require the seven U.S. Government directors to be principal officers (currently, officials) whose duties relate to OPIC programs. (Sec. 4) Extends OPIC investment insurance coverage to loss of investment in an approved project due to expropriation or confiscation by any political subdivision of, or a corporation owned or controlled by, a foreign government (currently, expropriation or confiscation only by the foreign government itself). (Sec. 5) Authorizes OPIC to issue loan guaranties: (1) denominated in currencies other than U.S. dollars (local currencies); and (2) to local financial institutions, that is, any bank or financial institution organized under the laws of any country or area in which the OPIC operates, but excluding a branch, however organized, of a bank or other financial institution organized under the laws of a country in which OPIC does not operate. (Sec. 6) Directs OPIC to collect and report annually to Congress about data on the involvement of minority- and women-owned businesses in OPIC-supported projects, including: (1) the amount of insurance and financing provided by OPIC to such businesses; and (2) the involvement of such businesses in OPIC-conducted and -supported procurement activities (to the extent such information is available).

To amend the Foreign Assistance Act of 1961 to reauthorize the Overseas Private Investment Corporation, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Social Security Solvency Act of 2004''. SEC. 2. ADJUSTMENT TO RATE OF INCREASE IN CONTRIBUTION AND BENEFIT BASE. Section 230(b)(2) of the Social Security Act (42 U.S.C. 430(b)(2)) is amended to read as follows: ``(2) the sum of-- ``(A) the ratio (expressed as a percentage) of (i) the national average wage index (as defined in section 209(k)(1)) for the calendar year before the calendar year in which the determination under subsection (a) is made to (ii) the national average wage index (as so defined) for 1992, plus ``(B) for purposes of determining the contribution and benefit base effective with respect to remuneration paid during calendar years after 2005 and before 2037 and self-employment income derived in taxable years beginning with or during such calendar years, 2 percentage points,''. SEC. 3. APPLICATION OF THE CHAINED CONSUMER PRICE INDEX FOR ALL URBAN CONSUMERS IN DETERMINING COST-OF-LIVING INCREASES IN BENEFITS. (a) In General.--Section 215(i)(1) of the Social Security Act (42 U.S.C. 425(i)(1)) is amended-- (1) in subparagraph (G), by striking the period and inserting ``; and''; and (2) by adding at the end the following new subparagraph: ``(H) the term `Consumer Price Index' means the chained consumer price index for all urban consumers, published by the Bureau of Labor Statistics.''. (b) Effective Date.--The amendments made by this section shall apply with respect to increases described in section 215(i)(2)(A) of the Social Security Act effective with the month of December of calendar years after 2005. SEC. 4. RETENTION OF ESTATE TAX; TRANSFERS TO SOCIAL SECURITY TRUST FUND. (a) Exclusion Equivalent Made Permanent at 2009 Amount.--The item relating to 2009 in the table in section 2010(c) of the Internal Revenue Code of 1986 (relating to applicable credit amount) is amended by striking all that follows ``the applicable exclusion amount'' and inserting ``. For purposes of the preceding sentence, the applicable exclusion amount is $3,500,000.''. (b) Conforming Amendments.-- (1) Subtitles A and E of title V of the Economic Growth and Tax Relief Reconciliation Act of 2001, and the amendments made by such subtitles, are hereby repealed; and the Internal Revenue Code of 1986 shall be applied as if such subtitles, and amendments, had never been enacted. (2)(A) Subsection (a) of section 901 of the Economic Growth and Tax Relief Reconciliation Act of 2001 is amended by striking ``this Act'' and all that follows and inserting ``this Act (other than title V) shall not apply to taxable, plan, or limitation years beginning after December 31, 2010.''. (B) Subsection (b) of such section 901 is amended by striking ``, estates, gifts, and transfers''. (3) Subsections (d) and (e) of section 511 of the Economic Growth and Tax Relief Reconciliation Act of 2001, and the amendments made by such subsections, are hereby repealed; and the Internal Revenue Code of 1986 shall be applied as if such subsections, and amendments, had never been enacted. (c) Transfers to Trust Fund.-- (1) In general.--There are hereby appropriated to the Federal Old-Age and Survivors Insurance Trust Fund amounts equivalent to the taxes received in the Treasury under chapters 11 and 13 of the Internal Revenue Code of 1986 (relating to estate tax and tax on generation-skipping transfers, respectively). (2) Transfers.--The amounts appropriated by paragraph (1) shall be transferred from time to time (but not less frequently than quarterly) from the general fund of the Treasury on the basis of estimates made by the Secretary of the Treasury of the amounts referred to in such paragraph. Any such quarterly payment shall be made on the first day of such quarter. Proper adjustments shall be made in the amounts subsequently transferred to the extent prior estimates were in excess of or less than the amounts required to be transferred. (3) Reports.--The Secretary of the Treasury shall submit annual reports to the Congress and to the Commissioner of Social Security regarding-- (A) the transfers made under this subsection during the year, and the methodology used in determining the amount of such transfers, and (B) the anticipated operation of this subsection during the next 5 years. SEC. 5. FUTURE ADJUSTMENT OF EMPLOYMENT TAX RATES TO KEEP SOCIAL SECURITY TRUST FUNDS IN BALANCE. (a) Statement of Projected Insolvency in Annual Report of Board of Trustees.--Section 201(c) of the Social Security Act (42 U.S.C. 401(c)) is amended, in the second sentence following clause (5), by striking ``Trustees).'' and inserting ``Trustees), the Board's best estimate of the date as of which, using intermediate assumptions, the Trust Funds will, with no change in rates of tax under chapters 2 and 21 of the Internal Revenue Code of 1986, first have assets insufficient to pay scheduled benefits in full on a timely basis, and, if such date is within 2 years after the date of the filing of the report, the minimum increase necessary in such rates of tax (using such assumptions and assuming pro rata adjustments in the taxes applicable under sections 1401(a), 3101(a), and 3111(a) of such Code) necessary to take effect (effective for the calendar year and applicable taxable years in which such date occurs) to preclude such an insufficiency (rounded, if not a multiple of 0.01 percent, to the next higher multiple of 0.01 percent).''. (b) Employee Contribution.--Subsection (a) of section 3101 of the Internal Revenue Code of 1986 (relating to rate of tax for old-age, survivors, and disability insurance) is amended by adding at the end the following flush sentence: ``In the case of the year in which occurs the date determined under section 201(c) of the Social Security Act to be the date as of which the Trust Funds will first have assets insufficient to pay scheduled benefits in full on a timely basis, the rate in effect under the preceding sentence for such year and each year thereafter (without regard for this sentence) shall be increased to the extent determined under section 201(c) of such Act to be necessary to preclude such an insufficiency. Such increase shall be prescribed by the Secretary.''. (c) Employer Contribution.--Subsection (a) of section 3111 of such Code (relating to rate of tax for old-age, survivors, and disability insurance) is amended by adding at the end the following flush sentence: ``In the case of the year in which occurs the date determined under section 201(c) of the Social Security Act to be the date as of which the Trust Funds will first have assets insufficient to pay scheduled benefits in full on a timely basis, the rate in effect under the preceding sentence for such year and each year thereafter (without regard for this sentence) shall be increased to the extent determined under section 201(c) of such Act to be necessary to preclude such an insufficiency. Such increase shall be prescribed by the Secretary.''. (d) Self-Employment Contribution.--Subsection (a) of section 1401 of such Code (relating to rate of tax for old-age, survivors, and disability insurance) is amended by adding at the end the following flush sentence: ``In the case of the year in which occurs the date determined under section 201(c) of the Social Security Act to be the date as of which the Trust Funds will first have assets insufficient to pay scheduled benefits in full on a timely basis, the rate in effect under the preceding sentence for such year and each year thereafter (without regard for this sentence) shall be increased to the extent determined under section 201(c) of such Act to be necessary to preclude such an insufficiency. Such increase shall be prescribed by the Secretary.''.

Social Security Solvency Act of 2004 - Amends title II (Old Age, Survivors, and Disability Insurance) of the Social Security Act (SSA) to: (1) revise requirements for calculating the contribution and benefit base with respect to remuneration paid (including self-employment income derived) during the calendar years between 2005 and 2037; and (2) apply the chained consumer price index for all urban consumers in determining cost-of-living increases in benefits. Amends the Internal Revenue Code, with respect to the unified credit against the estate tax, to set the applicable exclusion amount permanently at $3.5 million (the amount currently set for 2009). Makes appropriations (and requires transfers from the General Fund) at least quarterly to the Federal Old-Age and Survivors Insurance Trust Fund equivalent to estate taxes and taxes on generation-skipping transfers. Amends SSA title II to require the statement of projected insolvency in the annual report of the Board of Trustees of the Social Security Trust Funds to include: (1) the Board's best estimate of the date as of which the Trust Funds will, with no change in employment tax rates, first have assets insufficient to pay scheduled benefits in full on a timely basis; and (2) if such date is within two years after the filing of the report, the minimum increase necessary in such tax rates necessary to preclude such an insufficiency period. Amends the Internal Revenue Code to provide for future adjustment of employment tax rates to keep the Social Security Trust Funds in balance.

To amend title II of the Social Security Act and the Internal Revenue Code of 1986 to provide for modest adjustments necessary to restore the old-age, survivors, and disability insurance program to long-term actuarial balance.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Judgeship Act of 2009''. SEC. 2. CIRCUIT JUDGES FOR THE CIRCUIT COURTS OF APPEALS. (a) In General.--The President shall appoint, by and with the advice and consent of the Senate-- (1) 1 additional circuit judge for the first circuit court of appeals; (2) 2 additional circuit judges for the second circuit court of appeals; (3) 1 additional circuit judge for the third circuit court of appeals; (4) 1 additional circuit judge for the sixth circuit court of appeals; and (5) 4 additional circuit judges for the ninth circuit court of appeals. (b) Temporary Judgeships.-- (1) Appointment.--The President shall appoint, by and with the advice and consent of the Senate-- (A) 1 additional circuit judge for the third circuit court of appeals; (B) 1 additional circuit judge for the eighth circuit court of appeals; and (C) 1 additional circuit judge for the ninth circuit court of appeals. (2) Vacancies not filled.--The first vacancy in the office of circuit judge in each of the judicial circuits named in paragraph (1), occurring 10 years or more after the confirmation date of the judge first appointed to fill the circuit judgeship created in that circuit by paragraph (1), shall not be filled. (c) Tables.--In order that the table contained in section 44 of title 28, United States Code, reflects, with respect to each judicial circuit, the changes in the total number of permanent circuit judgeships authorized by reason of subsection (a) of this section, such table is amended to read as follows: Number of ``Circuits judges District of Columbia....................................... 11 First...................................................... 7 Second..................................................... 15 Third...................................................... 15 Fourth..................................................... 15 Fifth...................................................... 17 Sixth...................................................... 17 Seventh.................................................... 11 Eighth..................................................... 11 Ninth...................................................... 33 Tenth...................................................... 12 Eleventh................................................... 12 Federal.................................................... 12.''. SEC. 3. DISTRICT JUDGES FOR THE DISTRICT COURTS. (a) In General.--The President shall appoint, by and with the advice and consent of the Senate-- (1) 1 additional district judge for the district of Arizona; (2) 4 additional district judges for the northern district of California; (3) 4 additional district judges for the eastern district of California; (4) 4 additional district judges for the central district of California; (5) 1 additional district judge for the district of Colorado; (6) 4 additional district judges for the middle district of Florida; (7) 3 additional district judges for the southern district of Florida; (8) 1 additional district judge for the southern district of Indiana; (9) 1 additional district judge for the district of Minnesota; (10) 1 additional district judge for the district of New Jersey; (11) 1 additional district judge for the district of New Mexico; (12) 1 additional district judge for the southern district of New York; (13) 1 additional district judge for the eastern district of New York; (14) 1 additional district judge for the western district of New York; (15) 1 additional district judge for the district of Oregon; (16) 1 additional district judge for the district of South Carolina; (17) 1 additional district judge for the eastern district of Texas; (18) 2 additional district judges for the southern district of Texas; (19) 4 additional district judges for the western district of Texas; and (20) 1 additional district judge for the western district of Washington. (b) Temporary Judgeships.-- (1) Appointment.--The President shall appoint, by and with the advice and consent of the Senate-- (A) 1 additional district judge for the middle district of Alabama; (B) 1 additional district judge for the district of Arizona; (C) 1 additional district judge for the northern district of California; (D) 1 additional district judge for the eastern district of California; (E) 1 additional district judge for the central district of California; (F) 1 additional district judge for the middle district of Florida; (G) 1 additional district judge for the district of Idaho; (H) 1 additional district judge for the northern district of Iowa; (I) 1 additional district judge for the district of Minnesota; (J) 1 additional district judge for the district of Nebraska; (K) 1 additional district judge for the southern district of New York; (L) 1 additional district judge for the eastern district of New York; and (M) 1 additional district judge for the eastern district of Virginia. (2) Vacancies not filled.--The first vacancy in the office of district judge in each of the judicial districts named in paragraph (1), occurring 10 years or more after confirmation date of the judge first appointed to fill the district judgeship created in that judicial district by paragraph (1), shall not be filled. (c) Existing Judgeships.-- (1) Conversion to permanent judgeships.--The existing judgeships for the district of Kansas and the eastern district of Missouri that are authorized by section 203(c) of the Judicial Improvements Act of 1990 (Public Law 101-650; 28 U.S.C. 133 note), and the existing judgeships for the eastern district of Texas, the district of Arizona, and the district of New Mexico that are authorized by section 312(c) of the 21st Century Department of Justice Appropriations Authorization Act (Public Law 107-273; 28 U.S.C. 133 note), shall, as of the effective date of this Act, be authorized under section 133 of title 28, United States Code, and the incumbents in those offices shall hold the office under section 133 of title 28, United States Code, as amended by this Act. (2) Extension of temporary judgeship.--Section 203(c) of the Judicial Improvements Act of 1990 (Public Law 101-650; 28 U.S.C. 133 note) is amended in the sixth sentence (relating to the northern district of Ohio) by striking ``18 years'' and inserting ``23 years''. (d) Tables.--In order that the table contained in section 133(a) of title 28, United States Code, reflects, with respect to each judicial district, the changes in the total number of permanent district judgeships authorized by reason of subsections (a) and (c) of this section, such table is amended to read as follows: ``Districts Judges Alabama: Northern..................................................... 7 Middle....................................................... 3 Southern..................................................... 3 Alaska......................................................... 3 Arizona........................................................ 14 Arkansas: Eastern...................................................... 5 Western...................................................... 3 California: Northern..................................................... 18 Eastern...................................................... 10 Central...................................................... 31 Southern..................................................... 13 Colorado....................................................... 8 Connecticut.................................................... 8 Delaware....................................................... 4 District of Columbia........................................... 15 Florida: Northern..................................................... 4 Middle....................................................... 19 Southern..................................................... 20 Georgia: Northern..................................................... 11 Middle....................................................... 4 Southern..................................................... 3 Hawaii......................................................... 3 Idaho.......................................................... 2 Illinois: Northern..................................................... 22 Central...................................................... 4 Southern..................................................... 4 Indiana: Northern..................................................... 5 Southern..................................................... 6 Iowa: Northern..................................................... 2 Southern..................................................... 3 Kansas......................................................... 6 Kentucky: Eastern...................................................... 5 Western...................................................... 4 Eastern and Western.......................................... 1 Louisiana: Eastern...................................................... 12 Middle....................................................... 3 Western...................................................... 7 Maine.......................................................... 3 Maryland....................................................... 10 Massachusetts.................................................. 13 Michigan: Eastern...................................................... 15 Western...................................................... 4 Minnesota...................................................... 8 Mississippi: Northern..................................................... 3 Southern..................................................... 6 Missouri: Eastern...................................................... 7 Western...................................................... 5 Eastern and Western.......................................... 2 Montana........................................................ 3 Nebraska....................................................... 3 Nevada......................................................... 7 New Hampshire.................................................. 3 New Jersey..................................................... 18 New Mexico..................................................... 8 New York: Northern..................................................... 5 Southern..................................................... 29 Eastern...................................................... 16 Western...................................................... 5 North Carolina: Eastern...................................................... 4 Middle....................................................... 4 Western...................................................... 4 North Dakota................................................... 2 Ohio: Northern..................................................... 11 Southern..................................................... 8 Oklahoma: Northern..................................................... 3 Eastern...................................................... 1 Western...................................................... 6 Northern, Eastern, and Western............................... 1 Oregon......................................................... 7 Pennsylvania: Eastern...................................................... 22 Middle....................................................... 6 Western...................................................... 10 Puerto Rico.................................................... 7 Rhode Island................................................... 3 South Carolina................................................. 11 South Dakota................................................... 3 Tennessee: Eastern...................................................... 5 Middle....................................................... 4 Western...................................................... 5 Texas: Northern..................................................... 12 Southern..................................................... 21 Eastern...................................................... 9 Western...................................................... 17 Utah........................................................... 5 Vermont........................................................ 2 Virginia: Eastern...................................................... 11 Western...................................................... 4 Washington: Eastern...................................................... 4 Western...................................................... 8 West Virginia: Northern..................................................... 3 Southern..................................................... 5 Wisconsin: Eastern...................................................... 5 Western...................................................... 2 Wyoming........................................................ 3.''. SEC. 4. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as may be necessary to carry out this Act and the amendments made by this Act, including such sums as may be necessary to provide appropriate space and facilities for the judicial positions created by this Act. SEC. 5. EFFECTIVE DATE. This Act shall take effect on the date of the enactment of this Act.

Federal Judgeship Act of 2009 - Directs the President to appoint specified additional: (1) permanent circuit judges for the first, second, third, sixth, and ninth circuit courts of appeals and temporary circuit judges for the third, eighth, and ninth circuits; and (2) permanent district judges for various districts in Arizona, California, Colorado, Florida, Indiana, Minnesota, New Jersey, New Mexico, New York, Oregon, South Carolina, Texas, and Washington and temporary district judges for Alabama, Arizona, California, Florida, Idaho, Iowa, Minnesota, Nebraska, New York, and Virginia.

To provide for the appointment of additional Federal circuit and district judges, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be referred to as the ``Liberian Refugee Immigration Fairness Act of 1999''. SEC. 2. ADJUSTMENT OF STATUS. (a) Adjustment of Status.-- (1) In general.-- (A) Eligibility.--The Attorney General shall adjust the status of an alien described in subsection (b) to that of an alien lawfully admitted for permanent residence, if the alien-- (i) applies for adjustment before April 1, 2001; and (ii) is otherwise eligible to receive an immigrant visa and is otherwise admissible to the United States for permanent residence, except that, in determining such admissibility, the grounds for inadmissibility specified in paragraphs (4), (5), (6)(A), and (7)(A) of section 212(a) of the Immigration and Nationality Act shall not apply. (B) Ineligible aliens.--An alien shall not be eligible for adjustment of status under this section if the Attorney General finds that the alien has been convicted of-- (i) any aggravated felony (as defined in section 101(a)(43) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(43)); or (ii) two or more crimes involving moral turpitude. (2) Relationship of application to certain orders.--An alien present in the United States who has been ordered excluded, deported, removed, or ordered to depart voluntarily from the United States under any provision of the Immigration and Nationality Act may, notwithstanding such order, apply for adjustment of status under paragraph (1), if otherwise qualified under that paragraph. Such an alien may not be required, as a condition on submitting or granting such application, to file a separate motion to reopen, reconsider, or vacate such order. If the Attorney General grants the application, the Attorney General shall cancel the order. If the Attorney General makes a final decision to deny the application, the order shall be effective and enforceable to the same extent as if the application had not been made. (b) Aliens Eligible for Adjustment of Status.-- (1) In general.--The benefits provided by subsection (a) shall apply to any alien-- (A) who is-- (i) a national of Liberia; and (ii) has been continuously present in the United States from January 1, 1999, through the date of application under subsection (a); or (B) who is the spouse, child, or unmarried son or daughter of an alien described in subparagraph (A). (2) Determination of continuous physical presence.--For purposes of establishing the period of continuous physical presence referred to in paragraph (1), an alien shall not be considered to have failed to maintain continuous physical presence by reasons of an absence, or absences, from the United States for any period or periods amounting in the aggregate to not more than 180 days. (c) Stay of Removal.-- (1) In general.--The Attorney General shall provide by regulation for an alien who is subject to a final order of deportation or removal or exclusion to seek a stay of such order based on the filing of an application under subsection (a). (2) During certain proceedings.--Notwithstanding any provision of the Immigration and Nationality Act, the Attorney General shall not order an alien to be removed from the United States if the alien is in exclusion, deportation, or removal proceedings under any provision of such Act and has applied for adjustment of status under subsection (a), except where the Attorney General has made a final determination to deny the application. (3) Work authorization.--The Attorney General may authorize an alien who has applied for adjustment of status under subsection (a) to engage in employment in the United States during the pendency of such application and may provide the alien with an ``employment authorized'' endorsement or other appropriate document signifying authorization of employment, except that, if such application is pending for a period exceeding 180 days and has not been denied, the Attorney General shall authorize such employment. (d) Record of Permanent Residence.--Upon approval of an alien's application for adjustment of status under subsection (a), the Attorney General shall establish a record of the alien's admission for permanent record as of the date of the alien's arrival in the United States. (e) Availability of Administrative Review.--The Attorney General shall provide to applicants for adjustment of status under subsection (a) the same right to, and procedures for, administrative review as are provided to-- (1) applicants for adjustment of status under section 245 of the Immigration and Nationality Act; or (2) aliens subject to removal proceedings under section 240 of such Act. (f) Limitation on Judicial Review.--A determination by the Attorney General as to whether the status of any alien should be adjusted under this section is final and shall not be subject to review by any court. (g) No Offset in Number of Visas Available.--Whenever an alien is granted the status of having been lawfully admitted for permanent residence pursuant to this section, the Secretary of State shall not be required to reduce the number of immigrant visas authorized to be issued under any provision of the Immigration and Nationality Act. (h) Application of Immigration and Nationality Act Provisions.-- Except as otherwise specifically provided in this Act, the definitions contained in the Immigration and Nationality Act shall apply in the administration of this section. Nothing contained in the Act shall be held to repeal, amend, alter, modify, effect, or restrict the powers, duties, function, or authority of the Attorney General in the administration and enforcement of such Act or any other law relating to immigration, nationality, or naturalization. The fact that an alien may be eligible to be granted the status of having been lawfully admitted for permanent residence under this section shall not preclude the alien from seeking such status under any other provision of law for which the alien may be eligible.

Liberian Refugee Immigration Fairness Act of 1999 - Provides for the permanent resident adjustment of status of certain Liberian nationals present in the United States.

Liberian Refugee Immigration Fairness Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Child Predator Act of 2005''. SEC. 2. AMENDMENTS TO JACOB WETTERLING CRIMES AGAINST CHILDREN AND SEXUALLY VIOLENT OFFENDER REGISTRATION PROGRAM. (a) In General.--Section 170101 of the Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 14071) is amended as follows: (1) Definition.--Subparagraph (A) of subsection (a)(3) of such section is amended to read as follows: ``(A) The term `criminal offense against a victim who is a minor' includes every offense (whether Federal, State, local, tribal, foreign, or otherwise), when committed against a victim who is a minor, that involves any one or more of the following: ``(i) Kidnapping (unless committed by a parent of the minor). ``(ii) False imprisonment (unless committed by a parent of the minor). ``(iii) Sexual conduct. ``(iv) Solicitation to engage in sexual conduct. ``(v) Use in a sexual performance. ``(vi) Solicitation to practice prostitution. ``(vii) Production or distribution of child pornography (including an offense under section 2251, 2252, or 2252A of title 18, United States Code). ``(viii) Any other conduct that by its nature is a sexual offense. ``(ix) Any other wrongful conduct designated by the Attorney General. ``(x) Any attempt or conspiracy to commit an offense under this subparagraph.''. (2) New definition.--Subsection (a)(3) is further amended by adding at the end the following new subparagraph: ``(H) The term `child predator' means a person who is convicted of a criminal offense against a victim who is a minor, if the offense is sexual in nature and the minor is age 13 or younger.''. (3) Registration requirements.--Subsection (b) of such section is amended by adding at the end the following new paragraph: ``(8) Special rules applying to child predators.--In the case of a child predator, the following requirements shall (in addition to any other requirements under this section) apply: ``(A) Change of address.--State procedures shall specify the period in which the child predator must report a change of address, but the period shall not exceed 10 days after the change of address takes effect. ``(B) Notification of schools and other entities.-- State procedures shall require (in addition to any other requirements a State may impose) that, whenever the child predator is required to provide registration information-- ``(i) the child predator also provides the same information to appropriate entities within the child predator's community, including-- ``(I) schools; ``(II) public housing; and ``(III) at least 2 media outlets (such as newspapers, television stations, or radio stations) covering that community; and ``(ii) an appropriate law enforcement agency shall supervise and verify the child predator's compliance with clause (i). ``(C) Interpretation of community.--For the purposes of subparagraph (B), the Attorney General shall interpret the term `community' in a broad and flexible manner and give deference to a State's interpretation of that term so long as it is reasonable. ``(D) Penalties.--Whenever a child predator knowingly fails to comply with a requirement of this paragraph, the child predator shall be imprisoned not more than 2 years or fined under title 18, United States Code, or both.''. (4) Penalties.--Subsection (d) of such section is amended by adding at the end the following new sentence: ``In the case of a child predator, the child predator shall also be considered to have committed a Federal offense and, by reason of committing that offense, shall be imprisoned not more than 2 years or fined under title 18, United States Code, or both.'' (b) FBI Database.--Section 170102 of that Act (42 U.S.C. 14072) is amended by adding at the end the following new subsection: ``(l) Release by Internet.--The FBI shall disclose to the public, on a free-access internet site, all information collected by the FBI under this section, that relates to child predators (as defined in section 170101). The disclosure shall include, for each child predator, a recent photograph. The site-- ``(1) shall include a feature under which a member of the public can specify an address and be provided with the registration information of all such child predators within a radius of that address; ``(2) shall include other searching and sorting capabilities; and ``(3) shall, whenever the site displays the information relating to a child predator along with other information relating to other individuals, display the information with respect to the child predator in a manner that clearly-- ``(A) indicates that the person is a child predator; and ``(B) sets forth the statutory definition of the term `child predator'.''.

Child Predator Act of 2005 - Amends the Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act to: (1) expand the definition of "criminal offense against a victim who is a minor" to include every offense, whether Federal, State, local, tribal, foreign, or otherwise, that involves one or more of specified characteristics (such as kidnapping or sexual conduct), when committed against a minor; and (2) define "child predator" as a person who is convicted of such an offense that is sexual in nature, where the minor is age 13 or younger. Directs that State procedures require a child predator to: (1) report a change of residence within ten days; and (2) notify appropriate entities within that person's community, including schools, public housing, at least two media outlets, and law enforcement. Sets penalties of up to two years' imprisonment, a fine, or both, for violations. Requires the Federal Bureau of Investigation to disclose to the public, on a free-access Internet site, all information collected regarding each child predator, including a recent photograph. Requires the site to: (1) include a feature under which a member of the public can specify an address and be provided with registration information of all such predators within a radius of that address, as well as other searching and sorting capabilities; and (2) display the information in a manner that clearly indicates that the person is a child predator, along with the statutory definition of that term.

To improve the Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Program by providing new protections for children, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Offering People True Insurance Options Nationwide Act of 2002''. SEC. 2. OPTION HEALTH INSURANCE. Subpart G of part III of title 5, United States Code, is amended by adding at the end the following: ``CHAPTER 90A--HEALTH INSURANCE FOR NON-FEDERAL EMPLOYEES ``Sec. ``9051. Definitions. ``9052. Health insurance for non-Federal employees. ``9053. Contract requirement. ``9054. Eligibility. ``9055. Alternative conditions to Federal employee plans. ``9056. Coordination with social security benefits. ``9057. Non-Federal employer participation. ``Sec. 9051. Definitions ``In this chapter-- ``(1) the terms defined under section 8901 shall have the meanings given such terms under that section; and ``(2) the term `Office' means the Office of Personnel Management. ``Sec. 9052. Health insurance for non-Federal employees ``(a) The Office of Personnel Management shall administer a health insurance program for non-Federal employees 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. ``(c) In no event shall the enactment of this chapter result in-- ``(1) any increase in the level of individual or Government contributions required under chapter 89, including copayments or deductibles; ``(2) any decrease in the types of benefits offered under chapter 89; or ``(3) any other change that would adversely affect the coverage afforded under chapter 89 to employees and annuitants and members of family under that chapter. ``(d) The Office shall develop methods to facilitate enrollment under this chapter, including the use of the Internet. ``(e) The Office may enter into contracts for the performance of appropriate administrative functions under this chapter. ``Sec. 9053. Contract requirement ``(a) Each contract entered into under section 8902 shall require a carrier to offer to eligible individuals under this chapter, throughout each term for which the contract remains effective, the same benefits (subject to the same maximums, limitations, exclusions, and other similar terms or conditions) as would be offered under such contract or applicable health benefits plan to employees, annuitants, and members of family. ``(b)(1) The Office may waive the requirements of this section, if the Office determines, based on a petition submitted by a carrier that-- ``(A) the carrier is unable to offer the applicable health benefits plan because of a limitation in the capacity of the plan to deliver services or assure financial solvency; ``(B) the applicable health benefits plan is not sponsored by a carrier licensed under applicable State law; or ``(C) bona fide enrollment restrictions make the application of this chapter inappropriate, including restrictions common to plans which are limited to individuals having a past or current employment relationship with a particular agency or other authority of the Government. ``(2) The Office may require a petition under this subsection to include-- ``(A) a description of the efforts the carrier proposes to take in order to offer the applicable health benefits plan under this chapter; and ``(B) the proposed date for offering such a health benefits plan. ``(3) A waiver under this subsection may be for any period determined by the Office. The Office may grant subsequent waivers under this section. ``Sec. 9054. Eligibility ``An individual shall be eligible to enroll in a plan under this chapter, unless the individual is enrolled or eligible to enroll in a plan under chapter 89. ``Sec. 9055. Alternative conditions to Federal employee plans ``(a) For purposes of enrollment in a health benefits plan under this chapter, an individual who had coverage under a health insurance plan and is not a qualified beneficiary as defined under section 4980B(g)(1) of the Internal Revenue Code of 1986 shall be treated in a similar manner as an individual who begins employment as an employee under chapter 89. ``(b) In the administration of this chapter, covered individuals under this chapter shall be in a risk pool separate from covered individuals under chapter 89. ``(c)(1) Each contract under this chapter may include a preexisting condition exclusion as defined under section 9801(b)(1) of the Internal Revenue Code of 1986. ``(2)(A) The preexisting condition exclusion under this subsection shall provide for coverage of a preexisting condition to begin not more than 1 year after the date of coverage of an individual under a health benefits plan, reduced by 1 month for each month that individual was covered under a health insurance plan immediately preceding the date the individual submitted an application for coverage under this chapter. ``(B) For purposes of this paragraph, a lapse in coverage of not more than 63 days immediately preceding the date of the submission of an application for coverage shall not be considered a lapse in continuous coverage. ``(d)(1) Rates charged and premiums paid for a health benefits plan under this chapter-- ``(A) may be adjusted and differ from such rates charged and premiums paid for the same health benefits plan offered under chapter 89; ``(B) shall be negotiated in the same manner as negotiated under chapter 89; and ``(C) shall be adjusted to cover the administrative costs of this chapter. ``(2) In determining rates and premiums under this chapter-- ``(A) the age of covered individuals may be considered; and ``(B) rebates or lower rates and premiums shall be set to encourage longevity of coverage. ``(e) No Government contribution shall be made for any covered individual under this chapter. ``(f) If an individual who is enrolled in a health benefits plan under this chapter terminates the enrollment, the individual shall not be eligible for reenrollment until the first open enrollment period following 6 months after the date of such termination. ``Sec. 9056. Coordination with social security benefits ``Benefits under this chapter shall, with respect to an individual who is entitled to benefits under part A of title XVIII of the Social Security Act, be offered (for use in coordination with those social security benefits) to the same extent and in the same manner as if coverage were under chapter 89. ``Sec. 9057. Non-Federal employer participation ``(a) In this section the term-- ``(1) `employee', notwithstanding section 9051, means an employee of a non-Federal employer; ``(2) `non-Federal employer' means an employer that is not the Federal Government; and ``(3) `total premium amount' means the total premiums for individual coverage for the health benefits plan under which the employee is enrolled, regardless of whether the employee is enrolled as an individual or for self and family. ``(b)(1) The Office shall prescribe regulations under which non- Federal employers may participate under this chapter, including-- ``(A) the offering of health benefits plans under this chapter to employees through participating non-Federal employers; and ``(B) a requirement for participating non-Federal employer contributions to the payment of premiums for employees who enroll in a health benefits plan under this chapter. ``(2) A participating non-Federal employer shall pay an employer contribution for the premiums of an employee or other applicable covered individual as follows: ``(A) A non-Federal employer that employs not more than 2 employees shall not be required to pay an employer contribution. ``(B) A non-Federal employer that employs more than 2 and not more than 25 employees shall pay not less than 40 percent of the total premium amount. ``(C) A non-Federal employer that employs more than 25 and not more than 50 employees shall pay not less than 50 percent of the total premium amount. ``(D) A non-Federal employer that employs more than 50 employees shall pay not less than 60 percent of the total premium amount. ``(3) Notwithstanding paragraph (2) (B), (C), or (D), a non-Federal employer that employs more than 2 employees shall pay not less than 20 percent of the total premium amount with respect to the first year in which that employer participates under this chapter. ``(c)(1) A participating non-Federal employer shall ensure that each eligible full-time employee may enroll in a plan under this chapter. ``(2)(A) A participating non-Federal employer may not offer a health insurance plan to employees (other than a health benefits plan under this chapter) unless such health insurance plan is offered continuously on and after the date of enactment of this chapter. ``(B) If a participating non-Federal employer offers coverage under this chapter and under another plan as provided under subparagraph (A), the non-Federal employer-- ``(i) shall treat all employees in the same manner with respect to such offerings; and ``(ii) may not use financial incentives or disincentives to encourage an employee or class of employees to enroll in the health insurance plan not offered under this chapter.''. SEC. 3. TECHNICAL AND CONFORMING AMENDMENTS. (a) 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 shall include a provision that the carrier shall offer any health benefits plan as required under chapter 90A.''. (b) Table of Chapters.--The table of chapters for part III of title 5, United States Code, is amended by inserting after the item relating to chapter 90 the following: ``90A. Health Insurance for Non-Federal Employees........... 9051''. SEC. 4. 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 to contracts that take effect with respect to calendar year 2003 and each calendar year thereafter.

Offering People True Insurance Options Nationwide Act of 2002 - Directs the Office of Personnel Management to administer a health insurance program that offers Federal employees health benefits plans to individuals who are not Federal employees.

A bill 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 individuals who are not Federal employees, and for other purposes.

SECTION 1. SHORT TITLE; PURPOSES. (a) Short Title.--This Act may be cited as the ``Travelers' Rights Act of 1996''. (b) Purposes.--The purposes of this Act are to ensure-- (1) the access to information by travelers in air commerce concerning the safety and security of air travel; and (2) the coordination of air carrier and governmental assistance to victims and survivors of victims of accidents in air commerce. SEC. 2. CONSUMER ACCESS TO INFORMATION. (a) In General.--Chapter 447 of title 49, United States Code, is amended by adding at the end the following new section: ``Sec. 44724. Air traveler safety program ``(a) In General.-- ``(1) Written information.--Not later than 90 days after the date of enactment of this section, the Secretary of Transportation (hereafter in this section referred to as the `Secretary') shall issue regulations, for a period determined by the Secretary, that require each air carrier that provides interstate air transportation or foreign air transportation to provide written information upon request, to passengers that purchase passage for interstate or foreign air transportation concerning: ``(A) safety inspection reviews conducted by the Administrator of the Federal Aviation Administration on the aircraft of that air carrier; ``(B) the safety ranking of that air carrier, as determined by the Administrator of the Federal Aviation Administration, in accordance with applicable law; and ``(C) the compliance of the members of the crew of the aircraft with any applicable certification requirements under this subtitle. ``(2) Guidelines.--The regulations issued by the Secretary under this subsection shall provide guidelines for air carriers relating to the provision of the information referred to in paragraph (1). ``(3) Request for information.--An air carrier shall be required to provide to a passenger, on request, any information concerning the safety of aircraft and the competency of persons issued a certificate under this subtitle for the operation of the aircraft that the Secretary, to the extent allowable by law, determines to be appropriate. ``(b) Submission of Performance Review.-- ``(1) In general.--Not later than December 31 of the calendar year in which this section is enacted, and annually thereafter, the Secretary shall submit a report to the Congress that reviews the safety of air carriers that provide interstate or foreign air transportation, including-- ``(A) the number of accidents and a description of such accidents of air carriers attributable to each air carrier that provides interstate or foreign air transportation; and ``(B) for the preceding year, the names of makers of aircraft that have been involved in an accident. ``(2) Availability of information.--The Secretary shall make the report under paragraph (1) available to-- ``(A) travel agencies and consultants for distribution to persons served by those agencies and consultants; and ``(B) any other person or entity upon request. ``(e) Victims' Rights Program.-- ``(1) In general.--The National Transportation Safety Board shall establish and administer a program for victims and survivors of aircraft accidents in air commerce. Under that program, the National Transportation Safety Board shall ensure that such victims and survivors receive, to the extent allowable by law, immediate and unrestricted access to information that is made available from-- ``(A) the air carrier involved in an accident in air commerce; ``(B) the Federal Government; and ``(C) State governments and political subdivisions thereof. ``(2) National security information.--Nothing in paragraph (1) may be construed to authorize the release of information that the President determines to be classified in the national security interest of the United States. ``(f) Coordination of Victim Assistance.-- ``(1) In general.--The National Transportation Safety Board, in cooperation with officials of appropriate Federal agencies and the American Red Cross, shall establish a program to ensure the coordination of the disclosure of information under subsection (e) and assistance provided to victims of an accident in air commerce. ``(2) Establishment of toll-free telephone line.-- ``(A) In general.--The National Transportation Safety Board, in cooperation with officials of the appropriate Federal agencies and the American Red Cross, shall establish a toll-free telephone line to facilitate the provision of information under paragraph (3). ``(B) Action by the national transportation safety board.--The National Transportation Safety Board shall take such action as may be necessary to ensure-- ``(i) the publication of the telephone number of the telephone line established under subparagraph (A) in newspapers of general circulation; and ``(ii) the provision of such number on national television news programs. ``(3) Information provided by telephone line.--The telephone line established under paragraph (2) shall provide the following information concerning an accident in air commerce: ``(A) The identifier name and number of the aircraft involved in the accident. ``(B) The names of known victims of the accident. ``(C) The status of the investigation. ``(D) A list of appropriate Federal agencies and contacts. ``(E) The facilities at which victims of the accident may be identified. ``(g) Civil Penalties.-- ``(1) In general.--Any air carrier that fails to provide information in accordance with this section shall be liable for a civil penalty in an amount not to exceed $100,000 per violation. ``(2) Travel agencies and other persons not covered.-- Paragraph (1) shall not apply to a travel agency or other person that does not provide interstate or foreign air transportation. ``(h) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this section.''. (b) Conforming Amendment.--The chapter analysis for chapter 447 of title 49, United States Code, is amended by adding at the end the following new item: ``44724. Air traveler safety program.''.

Travelers' Rights Act of 1996 - Amends Federal transportation law to direct the Secretary of Transportation to issue regulations to require domestic air carriers to provide air travelers with certain air carrier safety and security information upon request. Requires the Secretary to report annually to the Congress on air carrier safety. Directs the National Transportation Safety Board to establish: (1) an informational program for victims and survivors of aircraft accidents (victims' rights program); (2) a program to ensure coordination of the disclosure of information and assistance provided to aircraft accident victims; and (3) a toll-free telephone line for the provision of aircraft accident information. Sets forth civil penalties for violations of this Act. Authorizes appropriations.

Travelers' Rights Act of 1996

SECTION 1. SHORT TITLE. This Act may be cited as the ``Support for Injured Servicemembers Act of 2007''. SEC. 2. SERVICEMEMBER FAMILY LEAVE. (a) Definitions.--Section 101 of the Family and Medical Leave Act of 1993 (29 U.S.C. 2611) is amended by adding at the end the following: ``(14) Combat-related injury.--The term `combat-related injury' means an injury or illness that was incurred (as determined under criteria prescribed by the Secretary of Defense)-- ``(A) as a direct result of armed conflict; ``(B) while an individual was engaged in hazardous service; ``(C) in the performance of duty under conditions simulating war; or ``(D) through an instrumentality of war. ``(15) Servicemember.--The term `servicemember' means a member of the Armed Forces.''. (b) Entitlement to Leave.--Section 102(a) of such Act (29 U.S.C. 2612(a)) is amended by adding at the end the following: ``(3) Servicemember family leave.--Subject to section 103, an eligible employee who is the primary caregiver for a servicemember with a combat-related injury shall be entitled to a total of 26 workweeks of leave during any 12-month period to care for the servicemember. ``(4) Combined leave total.--An eligible employee shall be entitled to a combined total of 26 workweeks of leave under paragraphs (1) and (3).''. (c) Requirements Relating to Leave.-- (1) Schedule.--Section 102(b) of such Act (29 U.S.C. 2612(b)) is amended-- (A) in paragraph (1), by inserting after the second sentence the following: ``Subject to paragraph (2), leave under subsection (a)(3) may be taken intermittently or on a reduced leave schedule''; and (B) in paragraph (2), by inserting ``or subsection (a)(3)'' after ``subsection (a)(1)''. (2) Substitution of paid leave.--Section 102(d) of such Act (29 U.S.C. 2612(d)) is amended-- (A) in paragraph (1)-- (i) by inserting ``(or 26 workweeks in the case of leave provided under subsection (a)(3))'' after ``12 workweeks'' the first place it appears; and (ii) by inserting ``(or 26 workweeks, as appropriate)'' after ``12 workweeks'' the second place it appears; and (B) in paragraph (2)(B), by adding at the end the following: ``An eligible employee may elect, or an employer may require the employee, to substitute any of the accrued paid vacation leave, personal leave, family leave, or medical or sick leave of the employee for leave provided under subsection (a)(3) for any part of the 26-week period of such leave under such subsection.''. (3) Notice.--Section 102(e) of such Act (29 U.S.C. 2612(e)) is amended by adding at the end the following: ``(3) Notice for servicemember family leave.--In any case in which an employee seeks leave under subsection (a)(3), the employee shall provide such notice as is practicable.''. (4) Certification.--Section 103 of such Act (29 U.S.C. 2613) is amended by adding at the end the following: ``(f) Certification for Servicemember Family Leave.--An employer may require that a request for leave under section 102(a)(3) be supported by a certification issued at such time and in such manner as the Secretary may by regulation prescribe.''. (5) Failure to return.--Section 104(c) of such Act (29 U.S.C. 2614(c)) is amended-- (A) in paragraph (2)(B)(i), by inserting ``or section 102(a)(3)'' before the semicolon; and (B) in paragraph (3)(A)-- (i) in clause (i), by striking ``or'' at the end; (ii) in clause (ii), by striking the period and inserting ``; or''; and (iii) by adding at the end the following: ``(iii) a certification issued by the health care provider of the person for whom the employee is the primary caregiver, in the case of an employee unable to return to work because of a condition specified in section 102(a)(3).''. (6) Enforcement.--Section 107 of such Act (29 U.S.C. 2617) is amended, in subsection (a)(1)(A)(i)(II), by inserting ``(or 26 weeks, in a case involving leave under section 102(a)(3))'' after ``12 weeks''. (7) Instructional employees.--Section 108 of such Act (29 U.S.C. 2618) is amended, in subsections (c)(1), (d)(2), and (d)(3), by inserting ``or section 102(a)(3)'' after ``section 102(a)(1)''. SEC. 3. SERVICEMEMBER FAMILY LEAVE FOR CIVIL SERVICE EMPLOYEES. (a) Definitions.--Section 6381 of title 5, United States Code, is amended-- (1) in paragraph (5), by striking ``and'' at the end; (2) in paragraph (6), by striking the period and inserting ``; and''; and (3) by adding at the end the following: ``(7) the term `combat-related injury' means an injury or illness that was incurred (as determined under criteria prescribed by the Secretary of Defense)-- ``(A) as a direct result of armed conflict; ``(B) while an individual was engaged in hazardous service; ``(C) in the performance of duty under conditions simulating war; or ``(D) through an instrumentality of war; and ``(8) the term `servicemember' means a member of the Armed Forces.''. (b) Entitlement to Leave.--Section 6382(a) of such title is amended by adding at the end the following: ``(3) Subject to section 6383, an employee who is the primary caregiver for a servicemember with a combat-related injury shall be entitled to a total of 26 administrative workweeks of leave during any 12-month period to care for the servicemember. ``(4) An employee shall be entitled to a combined total of 26 administrative workweeks of leave under paragraphs (1) and (3).''. (c) Requirements Relating to Leave.-- (1) Schedule.--Section 6382(b) of such title is amended-- (A) in paragraph (1), by inserting after the second sentence the following: ``Subject to paragraph (2), leave under subsection (a)(3) may be taken intermittently or on a reduced leave schedule.''; and (B) in paragraph (2), by inserting ``or subsection (a)(3)'' after ``subsection (a)(1)''. (2) Substitution of paid leave.--Section 6382(d) of such title is amended by adding at the end the following: ``An employee may elect to substitute for leave under subsection (a)(3) any of the employee's accrued or accumulated annual or sick leave under subchapter I for any part of the 26-week period of leave under such subsection.''. (3) Notice.--Section 6382(e) of such title is amended by adding at the end the following: ``(3) In any case in which an employee seeks leave under subsection (a)(3), the employee shall provide such notice as is practicable.''. (4) Certification.--Section 6383 of such title is amended by adding at the end the following: ``(f) An employing agency may require that a request for leave under section 6382(a)(3) be supported by a certification issued at such time and in such manner as the Office of Personnel Management may by regulation prescribe.''.

Support for Injured Servicemembers Act of 2007 - Amends the Family and Medical Leave Act of 1993 to entitle an eligible employee to a combined total of 26 workweeks of leave, during any 12-month period, to care for a member of the U.S. Armed Forces with a combat-related injury (servicemember), if such employee is the servicemember's primary caregiver. Provides for the substitution of accrued paid vacation, personal, or family leave for any part of the 26-week period. Amends federal civil service law to entitle civilian federal employees to the same leave allowance. Provides for the substitution of accrued paid annual or sick leave for any part of the 26-week period.

A bill to amend the Family and Medical Leave Act of 1993 to provide family and medical leave to primary caregivers of servicemembers with combat -related injuries.

SECTION 1. SHORT TITLE. This Act may be cited as the ``International Clean Energy Development Act of 2009''. SEC. 2. DEFINITIONS. In this Act: (1) Asia-pacific partnership; partnership.--The terms ``Asia-Pacific Partnership'' and ``Partnership'' mean the Asia- Pacific Partnership on Clean Development and Climate (or any successor thereto). (2) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Foreign Relations, the Committee on Energy and Natural Resources, the Committee on Environment and Public Works, and the Committee on Commerce, Science, and Transportation of the Senate; and (B) the Committee on Foreign Affairs, the Committee on Energy and Commerce, the Committee on Natural Resources, and the Select Committee on Energy Independence and Global Warming of the House of Representatives. (3) Clean and efficient energy technologies.--The term ``clean and efficient energy technology'' means an energy supply or end-use technology that, compared to a similar technology already in widespread commercial use in a country, will-- (A) reduce emissions of greenhouse gases; (B) increase efficiency of energy production, transmission, distribution, or end-use; or (C) decrease intensity of energy usage. (4) Greenhouse gas.--The term ``greenhouse gas'' means-- (A) carbon dioxide; (B) methane; (C) nitrous oxide; (D) hydrofluorocarbons; (E) perfluorocarbons; or (F) sulfur hexafluoride. (5) Partnership task forces.--The term ``Partnership Task Forces'' means the task forces established under the Asia- Pacific Partnership. (6) Program office.--The term ``Program Office'' means the Asia-Pacific Partnership on Clean Development and Climate Program Office of the Department of State (or any successor thereto). SEC. 3. ESTABLISHMENT OF DEVELOPMENT AND COMMERCIALIZATION COMMITTEE ON CLEAN AND EFFICIENT ENERGY TECHNOLOGIES. (a) In General.-- (1) Establishment.--The Secretary of State shall establish a Development and Commercialization Committee on Clean and Efficient Energy Technologies (in this Act referred to as the ``Committee'') within the Program Office. (2) Composition.--The Committee established pursuant to paragraph (1) shall be comprised of-- (A) technical and policy experts from each of the Partnership Task Forces; and (B) experts from-- (i) the Department of State; (ii) the Department of Energy; (iii) the Department of Commerce; (iv) the Department of the Treasury; (v) the Environmental Protection Agency; (vi) the United States Agency for International Development; (vii) the United States Trade and Development Agency; (viii) the Office of Science and Technology Policy; (ix) the Council on Environmental Quality; and (x) other Federal departments and agencies, as the Secretary of State determines necessary. (3) Chairperson.--The Secretary of State shall designate a Chairperson or co-Chairpersons of the Committee from among employees of the Department of State. (4) Duties.--The Committee shall-- (A) review and evaluate available sources of information on clean and efficient energy technologies, including any action plans developed by the Partnership; (B) identify and prioritize projects with respect to the development and commercialization of clean and efficient energy technologies by the Partnership; (C) plan and carry out projects described in subparagraph (B) through established protocols of the Program Office and the Partnership; (D) in carrying out such projects, require that a share of the cost of each such project, to be determined by the Secretary of State, be paid by project participants; and (E) report regularly to the appropriate congressional committees on the progress and projects of the Committee with respect to the development and commercialization of clean and efficient energy technologies. (b) Strategy.-- (1) In general.--Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall submit to the appropriate congressional committees a report that details a strategy to-- (A) facilitate collaboration among the national laboratories, educational institutions, private sectors, local and national policymakers, and other technical and policy experts of the members of the Partnership with respect to developing and commercializing clean and efficient energy technologies; (B) develop and commercialize clean and efficient energy technologies, particularly through projects identified under subsection (a)(4)(B) related to renewable energy and distributed generation, power generation and transmission, or cleaner fossil energy; (C) develop the capacity of members of the Partnership to accept and utilize clean and efficient energy technologies, particularly such technologies developed or commercialized through projects described in subparagraph (B); (D) encourage the utilization of clean and efficient energy technologies developed or commercialized through projects described in subparagraph (B) in, and the transfer of such technologies to, countries that are not members of the Partnership; and (E) continue to require that project participants match funding provided by the United States dollar-for- dollar in order to increase the value of the projects for participants and for taxpayers in the United States. SEC. 4. REPORT BY THE SECRETARY OF STATE. (a) In General.--Not later than 1 year after the establishment of the Committee under section 3(a)(1), and annually thereafter, the Secretary of State shall transmit to the appropriate congressional committees a report on the implementation of this Act during the preceding year. (b) Contents.--The report required under subsection (a) shall include the following: (1) A description of the results of projects and activities carried out under this Act, including a description of-- (A) the actions taken by the Committee to carry out the duties required under section 3(a)(4); (B) the review and evaluation of sources of information on clean and efficient energy technologies required under section 3(a)(4)(A); and (C) the actions taken by the Committee to advance projects identified as priorities under section 3(a)(4)(B). (2) An identification and description of priorities for promoting the development and commercialization of clean and efficient energy technologies and strategies for promoting such technologies within the countries that are members of the Asia- Pacific Partnership on Clean Development and Climate, taking into account the economic and security interests of the United States. (3) An assessment of the integration of representatives of the private sector and other interested groups in the development and commercialization of clean and efficient energy technologies. (4) Recommendations for the heads of appropriate Federal departments and agencies with respect to methods to streamline Federal programs and policies to improve the role of those Federal departments and agencies in the development and commercialization of clean and efficient energy technologies on an international basis. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Secretary of State to carry out this Act $200,000,000 for each of the fiscal years 2010 through 2014.

International Clean Energy Development Act of 2009 - Directs the Secretary of State to establish a Development and Commercialization Committee on Clean and Efficient Energy Technologies within the Asia-Pacific Partnership on Clean Development and Climate Program Office of the Department of State. Directs the Committee to: (1) evaluate information on clean and efficient energy technologies; (2) identify, prioritize, and carry out projects for the development and commercialization of clean and efficient energy technologies; and (3) report to the appropriate congressional committees on Committee progress and projects.

A bill to establish a Development and Commercialization Committee on Clean and Efficient Energy Technologies within the Asia-Pacific Partnership on Clean Development and Climate Program Office, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Restoring America's Watersheds Act of 2014''. SEC. 2. WATER SOURCE PROTECTION PROGRAM. Subtitle A of title III of the Omnibus Public Land Management Act of 2009 (Public Law 111-11; 123 Stat. 1126) is amended by adding at the end the following: ``SEC. 3002. WATER SOURCE PROTECTION PROGRAM. ``(a) In General.--The Secretary of Agriculture, acting through the Chief of the Forest Service (referred to in this section as the `Secretary'), shall establish and maintain a Water Source Protection Program (referred to in this section as the `Program') within the National Forest System west of the 100th Meridian. ``(b) Water Source Investment Partnerships.-- ``(1) In general.--In carrying out the Program, the Secretary may enter into water source investment partnerships with end water users (including States, political subdivisions, Indian tribes, utilities, municipal water systems, irrigation districts, nonprofit organizations, and corporations) to protect and restore the condition of National Forest watersheds that provide water to the non-Federal partners. ``(2) Form.--A partnership described in paragraph (1) may take the form of memoranda of understanding, cost-share or collection agreements, long-term match funding commitments, or other appropriate instruments. ``(c) Water Source Management Plan.-- ``(1) In general.--In carrying out the Program, the Secretary may produce a water source management plan in cooperation with the water source investment partnership participants and State, local, and tribal governments. ``(2) Firewood.--A water source management plan may give priority to projects that facilitate the gathering of firewood for personal use pursuant to section 223.5 of title 36, Code of Federal Regulations (or successor regulations). ``(3) Environmental analysis.--The Secretary may conduct-- ``(A) a single environmental impact statement or similar analysis required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) for all or part of the restoration projects in the water source management plan; and ``(B) a statement or analysis described in subparagraph (A) as part of the development of the water source management plan or after the finalization of the plan. ``(4) Endangered species act.--In carrying out the Program, the Secretary may use the Manual on Adaptive Management of the Department of the Interior, including any associated guidance, for purposes of fulfilling any requirements under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.). ``(5) Funds and services.-- ``(A) In general.--In carrying out the Program, the Secretary may accept and use funding, services, and other forms of investment and assistance from water source investment partnership participants to implement the water source management plan. ``(B) Manner of use.--The Secretary may accept and use investments described in subparagraph (A) directly or indirectly through the National Forest Foundation. ``(C) Water source protection fund.-- ``(i) In general.--Subject to the availability of appropriations, the Secretary may establish a Water Source Protection Fund to match funds or in-kind support contributed by water source investment partnership participants under subparagraph (A). ``(ii) Use of appropriated funds.--The Secretary may use funds appropriated to carry out this subparagraph to make multiyear commitments, if necessary, to implement 1 or more water source investment partnership agreements.''. SEC. 3. FOREST SERVICE LEGACY ROADS AND TRAILS REMEDIATION PROGRAM. (a) In General.--The Secretary of Agriculture shall establish and maintain a Forest Service Legacy Roads and Trails Remediation Program (referred to in this section as the ``Program'') within the National Forest System west of the 100th Meridian-- (1) to carry out critical maintenance and urgent repairs and improvements on National Forest System roads, trails, and bridges; (2) to restore fish and other aquatic organism passage by removing or replacing unnatural barriers to the passage of fish and other aquatic organisms; (3) to decommission unneeded roads and trails; and (4) to carry out associated activities. (b) Priority.--In implementing the Program, the Secretary shall give priority to projects that protect or restore-- (1) water quality; (2) watersheds that feed public drinking water systems; or (3) habitat for threatened, endangered, and sensitive fish and wildlife species. (c) National Forest System.--Except as authorized under section 323 of title III of the Department of the Interior and Related Agencies Appropriations Act, 1999 (16 U.S.C. 1011a), all projects carried out under the Program shall be on National Forest System roads. (d) National Program Strategy.--Not later than 180 days after the date of enactment of this Act, the Chief of the Forest Service shall develop a national strategy for implementing the Program. SEC. 4. WATERSHED CONDITION FRAMEWORK. Subtitle A of title III of the Omnibus Public Land Management Act of 2009 (as amended by section 2) is amended by adding at the end the following: ``SEC. 3003. WATERSHED CONDITION FRAMEWORK. ``(a) In General.--The Secretary of Agriculture, acting through the Chief of the Forest Service (referred to in this section as the `Secretary'), shall establish and maintain a Watershed Condition Framework within the National Forest System west of the 100th Meridian-- ``(1) to evaluate and classify the condition of watersheds, taking into consideration-- ``(A) water quality and quantity; ``(B) aquatic habitat and biota; ``(C) riparian and wetland vegetation; ``(D) the presence of roads and trails; ``(E) soil type and condition; ``(F) groundwater-dependent ecosystems; ``(G) relevant terrestrial indicators, such as fire regime, risk of catastrophic fire, forest and rangeland vegetation, invasive species, and insects and disease; and ``(H) other significant factors, as determined by the Secretary; ``(2) to identify for restoration up to 5 priority watersheds in each National Forest, and up to 2 priority watersheds in each national grassland, taking into consideration the impact of the condition of the watershed condition on-- ``(A) wildfire behavior; ``(B) flood risk; ``(C) fish and wildlife; ``(D) drinking water supplies; ``(E) irrigation water supplies; ``(F) forest-dependent communities; and ``(G) other significant impacts, as determined by the Secretary; ``(3) to develop a watershed restoration action plan for each priority watershed that-- ``(A) takes into account existing restoration activities being implemented in the watershed; and ``(B) includes, at a minimum-- ``(i) the major stressors responsible for the impaired condition of the watershed; ``(ii) a set of essential projects that, once completed, will address the identified stressors and improve watershed conditions; ``(iii) a proposed implementation schedule; ``(iv) potential partners and funding sources; and ``(v) a monitoring and evaluation program; ``(4) to prioritize restoration activities for each watershed restoration action plan; ``(5) to implement each watershed restoration action plan; and ``(6) to monitor the effectiveness of restoration actions and indicators of watershed health. ``(b) Coordination.--Throughout the process described in subsection (a), the Secretary shall-- ``(1) coordinate with interested non-Federal landowners and with State, tribal, and local governments within the relevant watershed; and ``(2) provide for an active and ongoing public engagement process. ``(c) Emergency Designation.--Notwithstanding subsection (a)(2), the Secretary may identify a watershed as a priority for rehabilitation in the Watershed Condition Framework without using the process described in subsection (a), if a Forest Supervisor determines that-- ``(1) a wildfire has significantly diminished the condition of the watershed; and ``(2) the emergency stabilization activities of the Burned Area Emergency Response Team are insufficient to return the watershed to proper function.''. SEC. 5. REAUTHORIZATION OF THE COLLABORATIVE FOREST LANDSCAPE RESTORATION FUND. Section 4003(f)(6) of the Omnibus Public Land Management Act of 2009 (16 U.S.C. 7303(f)(6)) is amended by striking ``2019, to remain available until expended'' and inserting ``2014, and $80,000,000 for each of fiscal years 2015 through 2024, to remain available until expended''.

Restoring America's Watersheds Act of 2014 - Directs the Forest Service to establish a Water Source Protection Program within the region of the National Forest System west of the 100th Meridian. Authorizes the Secretary of Agriculture (USDA) to enter into water source investment partnerships with specified end water users to protect and restore the condition of National Forest watersheds that provide water to non-federal partners. Allows the Secretary to produce a water source management plan. Directs the Secretary to establish a Forest Service Legacy Roads and Trails Remediation Program within such region to: carry out critical maintenance and urgent repairs and improvements on National Forest System roads, trails, and bridges; restore fish and other aquatic organism passage by removing or replacing unnatural barriers to the passage of fish and other aquatic organisms; decommission unneeded roads and trails; and carry out associated activities. Requires the Chief of the Forest Service to develop a national strategy to implement the Remediation Program. Directs the Forest Service to establish a Watershed Condition Framework within such region to: evaluate and classify the condition of watersheds, identify for restoration up to five priority watersheds in each National Forest and up to two priority watersheds in each national grassland, develop a watershed restoration action plan for each priority watershed, prioritize restoration activities for each watershed restoration action plan, implement each watershed restoration action plan, and monitor the effectiveness of restoration actions and indicators of watershed health. Reauthorizes the Collaborative Forest Landscape Restoration Fund for FY2015-FY2024.

Restoring America's Watersheds Act of 2014

SECTION 1. CREDIT FOR CHARITABLE CONTRIBUTIONS TO CERTAIN PRIVATE CHARITIES PROVIDING ASSISTANCE TO THE POOR. (a) In General.--Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to nonrefundable personal credits) is amended by inserting after section 22 the following new section: ``SEC. 23. CREDIT FOR CERTAIN CHARITABLE CONTRIBUTIONS. ``(a) In General.--In the case of an individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the qualified charitable contributions which are paid by the taxpayer during the taxable year. ``(b) Limitation.--The credit allowed by subsection (a) for the taxable year shall not exceed $100 ($200 in the case of a joint return). ``(c) Qualified Charitable Contribution.--For purposes of this section, the term `qualified charitable contribution' means any charitable contribution (as defined in section 170(c)) made in cash to a qualified charity but only if the amount of each such contribution, and the recipient thereof, are identified on the return for the taxable year during which such contribution is made. ``(d) Qualified Charity.-- ``(1) In general.--For purposes of this section, the term `qualified charity' means, with respect to the taxpayer, any organization described in section 501(c)(3) and exempt from tax under section 501(a)-- ``(A) which is certified by the Secretary as meeting the requirements of paragraphs (2) and (3), ``(B) which is organized under the laws of the United States or of any State in which the organization is qualified to operate, and ``(C) which is required, or elects to be treated as being required, to file returns under section 6033. ``(2) Charity must primarily assist the poor.--An organization meets the requirements of this paragraph only if the predominant activity of such organization is the provision of services to individuals whose annual incomes generally do not exceed 150 percent of the official poverty line (as defined by the Office of Management and Budget). ``(3) Minimum expenditure requirement.-- ``(A) In general.--An organization meets the requirements of this paragraph only if the Secretary reasonably expects that the annual exempt purpose expenditures of such organization will not be less than 70 percent of the annual aggregate expenditures of such organization. ``(B) Exempt purpose expenditure.--For purposes of subparagraph (A)-- ``(i) In general.--The term `exempt purpose expenditure' means any expenditure to carry out the activity referred to in paragraph (2). ``(ii) Exceptions.--Such term shall not include-- ``(I) any administrative expense, ``(II) any expense for the purpose of influencing legislation (as defined in section 4911(d)), ``(III) any expense primarily for the purpose of fundraising, and ``(IV) any expense for litigation on behalf of any individual referred to in paragraph (2). ``(e) Time When Contributions Deemed Made.--For purposes of this section, at the election of the taxpayer, a contribution which is made not later than the time prescribed by law for filing the return for the taxable year (not including extensions thereof) shall be treated as made on the last day of such taxable year. ``(f) Coordination With Deduction for Charitable Contributions.-- ``(1) Credit in lieu of deduction.--The credit provided by subsection (a) for any qualified charitable contribution shall be in lieu of any deduction otherwise allowable under this chapter for such contribution. ``(2) Election to have section not apply.--A taxpayer may elect for any taxable year to have this section not apply.'' (b) Qualified Charities Required To Provide Copies of Annual Return.--Subsection (e) of section 6104 of such Code (relating to public inspection of certain annual returns and applications for exemption) is amended by adding at the end the following new paragraph: ``(3) Charities receiving creditable contributions required to provide copies of annual return.-- ``(A) In general.--Every qualified charity (as defined in section 23(d)) shall, upon request of an individual made at an office where such organization's annual return filed under section 6033 is required under paragraph (1) to be available for inspection, provide a copy of such return to such individual without charge other than a reasonable fee for any reproduction and mailing costs. If the request is made in person, such copies shall be provided immediately and, if made other than in person, shall be provided within 30 days. ``(B) Period of availability.--Subparagraph (A) shall apply only during the 3-year period beginning on the filing date (as defined in paragraph (1)(D) of the return requested).'' (c) Clerical Amendment.--The table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 22 the following new item: ``Sec. 23. Credit for certain charitable contributions.'' (d) Effective Date.--The amendments made by this section shall apply to contributions made after the 90th day after the date of the enactment of this Act in taxable years ending after such date. SEC. 2. REPEAL OF CERTAIN CHANGES MADE IN THE EARNED INCOME CREDIT. (a) Repeal of Credit for Individuals Without Children.-- Subparagraph (A) of section 32(c)(1) of the Internal Revenue Code of 1986 (defining eligible individual) is amended to read as follows: ``(A) In general.--The term `eligible individual' means any individual who has a qualifying child for the taxable year.'' (b) Repeal of Increases in Amount of Credit.-- (1) Subsection (b) of section 32 of such Code is amended to read as follows: ``(b) Percentages.-- ``(1) In general.--The credit percentage and the phaseout percentage shall be determined as follows: ``In the case of an eligible individual with: The credit percentage is: The phaseout percentage is: 1 qualifying child............................. 34............................ 15.98 2 or more qualifying children.................. 36............................ 20.22 ``(2) Amounts.--The earned income amount and the phaseout amount shall be determined as follows: ``In the case of an eligible individual with: The earned income amount is: The phaseout amount is: 1 qualifying child............................. $6,000........................ $11,000 2 or more qualifying children.................. $8,425........................ $11,000.'' (2) Paragraph (1) of section 32(i) of such Code is amended by striking ``subsection (b)(2)(A)'' and inserting ``subsection (b)(2)''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1995, except that adjustments shall be made under section 32(i) of the Internal Revenue Code of 1986 to the section 32(b)(2) of such Code (as amended by this section) for such taxable years.

Amends the Internal Revenue Code to permit an individual income tax credit of up to $100 ($200 for a joint return) of the value of certain charitable contributions to any tax-exempt, U.S. organization that spends at least 70 percent of aggregate expenditures assisting the poor. Requires that: (1) taxpayers identify each such contribution and the recipient on the individual's tax return; and (2) such charities provide copies of their annual return to such individuals upon request. Repeals the earned income credit for individuals without children, as well as certain increases in such credit for individuals with children.

A bill to amend the Internal Revenue Code of 1986 to provide a credit for charitable contributions, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Trinity River Basin Fish and Wildlife Management Reauthorization Act of 1995''. SEC. 2. CLARIFICATION OF FINDINGS. Section 1 of the Act entitled ``An Act to provide for the restoration of the fish and wildlife in the Trinity River Basin, California, and for other purposes'', approved October 24, 1984 (98 Stat. 2721), as amended, is amended-- (1) by redesignating paragraphs (5) and (6) as paragraphs (6) and (7), respectively; (2) by adding after paragraph (4) the following: ``(5) Trinity Basin fisheries restoration is to be measured not only by returning adult anadromous fish spawners, but by the ability of dependent tribal, commercial, and sport fisheries to participate fully, through enhanced in-river and ocean harvest opportunities, in the benefits of restoration;''; and (3) by amending paragraph (7), as so redesignated, to read as follows: ``(7) the Secretary requires additional authority to implement a management program, in conjunction with other appropriate agencies, to achieve the long-term goals of restoring fish and wildlife populations in the Trinity River Basin, and, to the extent these restored populations will contribute to ocean populations of adult salmon, steelhead, and other anadromous fish, such management program will aid in the resumption of commercial, including ocean harvest, and recreational fishing activities.''. SEC. 3. CHANGES TO MANAGEMENT PROGRAM. (a) Ocean Fish Levels.--Section 2(a) of the Act entitled ``An Act to provide for the restoration of the fish and wildlife in the Trinity River Basin, California, and for other purposes'', approved October 24, 1984 (98 Stat. 2722), as amended, is amended-- (1) in the matter preceding paragraph (1)-- (A) by inserting ``, in consultation with the Secretary of Commerce where appropriate,'' after ``Secretary''; and (B) by adding the following after ``such levels.'': ``To the extent these restored fish and wildlife populations will contribute to ocean populations of adult salmon, steelhead, and other anadromous fish, such management program is intended to aid in the resumption of commercial, including ocean harvest, and recreational fishing activities.''. (b) Fish Habitats in the Klamath River.--Paragraph (1)(A) of such section (98 Stat. 2722) is amended by striking ``Weitchpec;'' and inserting ``Weitchpec and in the Klamath River downstream of the confluence with the Trinity River;''. (c) Trinity River Fish Hatchery.--Paragraph (1)(C) of such section (98 Stat. 2722) is amended by inserting before the period the following: ``, so that it can best serve its purpose of mitigation of fish habitat loss above Lewiston Dam while not impairing efforts to restore and maintain naturally reproducing anadromous fish stocks within the basin''. (d) Addition of Indian Tribes.--Section 2(b)(2) of such Act (98 Stat. 2722) is amended by striking ``tribe'' and inserting ``tribes''. SEC. 4. ADDITIONS TO TASK FORCE. (a) In General.--Section 3(a) of the Act entitled ``An Act to provide for the restoration of the fish and wildlife in the Trinity River Basin, California, and for other purposes'', approved October 24, 1984 (98 Stat. 2722), as amended, is amended-- (1) by striking ``fourteen'' and inserting ``nineteen''; (2) by striking ``United States Soil Conservation Service'' in paragraph (10) and inserting ``Natural Resources Soil and Conservation Service''; and (3) by inserting after paragraph (14) the following: ``(15) One individual to be appointed by the Yurok Tribe. ``(16) One individual to be appointed by the Karuk Tribe. ``(17) One individual to represent commercial fishing interests, to be appointed by the Secretary after consultation with the Board of Directors of the Pacific Coast Federation of Fishermen's Associations. ``(18) One individual to represent sport fishing interests, to be appointed by the Secretary after consultation with the Board of Directors of the California Advisory Committee on Salmon and Steelhead Trout. ``(19) One individual to be appointed by the Secretary, in consultation with the Secretary of Agriculture, to represent the timber industry.''. (b) Coordination.--Section 3 of such Act (98 Stat. 2722) is further amended by adding at the end thereof the following new subsection: ``(d) Task Force actions or management on the Klamath River from Weitchpec downstream to the Pacific Ocean shall be coordinated with, and conducted with the full knowledge of, the Klamath River Basin Fisheries Task Force and the Klamath Fishery Management Council, as established under Public Law 99-552. The Secretary shall appoint a designated representative to ensure such coordination and the exchange of information between the Trinity River Task Force and these two entities.''. (c) Reimbursement.--Section 3(c)(2) of such Act (98 Stat. 2723) is amended by adding at the end the following: ``Members of the Task Force who are not full-time officers or employees of the United States, the State of California (or a political subdivision thereof), or an Indian tribe, may be reimbursed for such expenses as may be incurred by reason of their service on the Task Force, as consistent with applicable laws and regulations.''. (d) Effective Date.--The amendments made by subsection (a) shall apply with respect to actions taken by the Trinity River Basin Fish and Wildlife Task Force on and after 120 days after the date of the enactment of this Act. SEC. 5. APPROPRIATIONS. (a) Extension of Authorization.--Section 4(a) of the Act entitled ``An Act to provide for the restoration of the fish and wildlife in the Trinity River Basin, California, and for other purposes'', approved October 24, 1984 (98 Stat. 2723), as amended, is amended-- (1) in paragraph (1), by striking ``October 1, 1995'' and inserting in lieu thereof ``October 1, 1998''; and (2) in paragraph (2), by striking ``ten-year'' and inserting in lieu thereof ``13-year''. (b) In-Kind Services; Overhead; and Financial and Audit Reports.-- Section 4 of such Act (98 Stat. 2724) is amended-- (1) by designating subsection (d) as subsection (h); and (2) by inserting after subsection (c) the following new subsections: ``(d) The Secretary is authorized to accept in-kind services as payment for obligations incurred under subsection (b)(1). ``(e) Not more than 20 percent of the amounts appropriated under subsection (a) may be used for overhead and indirect costs. For the purposes of this subsection, the term `overhead and indirect costs' means costs incurred in support of accomplishing specific work activities and jobs. Such costs are primarily administrative in nature and are such that they cannot be practically identified and charged directly to a project or activity and must be distributed to all jobs on an equitable basis. Such costs include compensation for administrative staff, general staff training, rent, travel expenses, communications, utility charges, miscellaneous materials and supplies, janitorial services, depreciation and replacement expenses on capitalized equipment. Such costs do not include inspection and design of construction projects and environmental compliance activities, including (but not limited to) preparation of documents in compliance with the National Environmental Policy Act of 1969. ``(f) Not later than December 31 of each year, the Secretary shall prepare reports documenting and detailing all expenditures incurred under this Act for the fiscal year ending on September 30 of that same year. Such reports shall contain information adequate for the public to determine how such funds were used to carry out the purposes of this Act. Copies of such reports shall be submitted to the Committee on Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate. ``(g) The Secretary shall periodically conduct a programmatic audit of the in-river fishery monitoring and enforcement programs under this Act and submit a report concerning such audit to the Committee on Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate.''. (c) Authority To Seek Appropriations.--Section 4 of such Act, as amended by subsection (b) of this section, is further amended by inserting after subsection (h) the following new subsection: ``(i) Beginning in the fiscal year immediately following the year the restoration effort is completed and annually thereafter, the Secretary is authorized to seek appropriations as necessary to monitor, evaluate, and maintain program investments and fish and wildlife populations in the Trinity River Basin for the purpose of achieving long-term fish and wildlife restoration goals.''. SEC. 6. NO RIGHTS AFFECTED. The Act entitled ``An Act to provide for the restoration of the fish and wildlife in the Trinity River Basin, California, and for other purposes'', approved October 24, 1984 (98 Stat. 2721), as amended, is further amended by inserting at the end thereof the following: ``preservation of rights ``Sec. 5. Nothing in this Act shall be construed as establishing or affecting any past, present, or future rights of any Indian or Indian tribe or any other individual or entity.''. SEC. 7. SHORT TITLE OF 1984 ACT. The Act entitled ``An Act to provide for the restoration of the fish and wildlife in the Trinity River Basin, California, and for other purposes'', approved October 24, 1984 (98 Stat. 2721), as amended by section 6 of this Act, is further amended by adding at the end the following: ``short title ``Sec. 6. This Act may be cited as the `Trinity River Basin Fish and Wildlife Management Act of 1984'.''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Trinity River Basin Fish and Wildlife Management Reauthorization Act of 1995 - Amends the Trinity River Basin Fish and Wildlife Management Act of 1984 (as named by this Act) to revise and extend the management program for restoration of fish and wildlife in the Trinity River Basin. (Sec. 2) Provides that Trinity Basin fisheries restoration is to be measured not only by returning adult anadromous fish spawners, but by the ability of dependent tribal, commercial, and sport fisheries to participate fully, through enhanced in-river and ocean harvest opportunities, in the benefits of restoration. Declares that the Secretary of the Interior requires additional authority to implement a management program, in conjunction with other agencies, to achieve the long-term goals of restoring fish and wildlife populations in the Trinity River Basin, and to the extent these restored populations will contribute to ocean populations of adult salmon, steelhead, and other anadromous fish, such management program will aid in the resumption of commercial, including ocean harvest, and recreational fishing activities. (Sec. 3) Revises such management program to require the Secretary to consult with the Secretary of Commerce on certain matters, where appropriate. Declares that such program is intended, to the extent these restored populations will contribute to ocean populations of adult salmon, steelhead, and other anadromous fish, to aid in the resumption of commercial, including ocean harvest, and recreational fishing activities. Revises the management program to include ocean fish levels and fish habitats in the Klamath River. Provides that modernization of the Trinity River Fish Hatchery is to mitigate fish habitat loss above Lewiston Dam while not impairing efforts to restore and maintain naturally reproducing fish stocks within the basin. (Sec. 4) Revises provisions for the Trinity River Basin Fish and Wildlife Task Force. Adds five members (to the current 14) and provides that such new members represent: (1) the Yurok Tribe; (2) the Karuk Tribe; (3) commercial fishing interests; (4) sport fishing interests; and (5) the timber industry. Directs the Secretary to appoint a designated representative to ensure coordination of actions and management and the exchange of information between such Trinity River Task Force and the Klamath River Basin Fisheries Task Force and the Klamath Fishery Management Council. Allows reimbursement of members of the Task Force who are not full-time officers or employees of the United States, the State of California (or a political subdivision thereof), or an Indian tribe. (Sec. 5) Extends for three years the period of availability of the authorization of appropriations for the management program for restoration of fish and wildlife in the Trinity River Basin. Authorizes the Secretary to accept in-kind services as payment for specified obligations incurred under the Act. Limits to 20 percent the portion of management program funds which may be used for overhead and indirect costs. Requires the Secretary to: (1) submit annual financial reports to specified congressional committees; and (2) conduct periodic programmatic audits of the in-river fishery monitoring and enforcement programs under the Act. Authorizes the Secretary, beginning in the fiscal year immediately following completion of the restoration effort, to seek appropriations to monitor, evaluate, and maintain program investments and fish and wildlife populations in the Trinity River Basin for the purpose of achieving long-term fish and wildlife restoration goals. (Sec. 6) Provides that nothing in the Act shall be construed as establishing or affecting any past, present, or future rights of any Indian or Indian tribe or any other individual or entity.

Trinity River Basin Fish and Wildlife Management Reauthorization Act of 1995

SECTION 1. DEFINITIONS. In this Act: (1) Districts.--The term ``Districts'' means the Ute Water Conservancy District and the Collbran Conservancy District (including their successors and assigns). (2) Federal reclamation laws.--The term ``Federal reclamation laws'' means the Act of June 17, 1902 and Acts amendatory thereof or supplementary thereto (32 Stat. 388, chapter 1093; 43 U.S.C. 371 et seq.) (including regulations adopted pursuant to those Acts). (3) Project.--The term ``Project'' means the Collbran Reclamation Project, as constructed and operated under the Act of July 3, 1952 (66 Stat. 325, chapter 565), including all property, equipment, and assets of or relating to the Project that are owned by the United States, including-- (A) Vega Dam and Reservoir (but not including recreation facilities owned by the United States or the State of Colorado); (B) Leon-Park Dams and Feeder Canal; (C) Southside Canal; (D) East Fork Diversion Dam and Feeder Canal; (E) Bonham-Cottonwood Pipeline; (F) Snowcat Shed and Diesel Storage; (G) Upper Molina Penstock and Powerplant; (H) Lower Molina Penstock and Power Plant; (I) the diversion structure in the tailrace of the Lower Molina Powerplant; (J) all substations and switchyards; (K) all rights relating to access to and the use of the storage reservoirs on the Grand Mesa; (L) all easements relating to access to and use of such property and assets on lands of the United States; (M) all rights-of-way and other real property interests; (N) all permits and contract rights; (O) all equipment, parts inventories, and tools; (P) all additions, replacements, betterments, and appurtenances to any of the above; and (Q) a copy of all data, plans, designs, reports, records, or other materials, whether in writing or in any form of electronic storage relating specifically to the Project. (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 2. CONVEYANCE. (a) In General.--The Secretary shall convey to the Districts all right, title, and interest of the United States in and to the Project by quit claim deed and bill of sale, without warranties, on or before the date that is 90 days after the date of enactment of this Act, subject only to the requirements of this Act. (b) Payment.-- (1) In general.--Before or simultaneously with conveyance of the Project, the Districts shall pay to the United States $11,147,000 ($8,747,000 of which represents the net present value of the outstanding repayment obligations of the Districts), of which-- (A) $10,747,000 shall be deposited in the general fund of the United States Treasury; and (B) $400,000 shall be deposited in a special account in the United States Treasury and shall be available to the United States Fish and Wildlife Service, region 6, without further Act of appropriation, for use in funding Colorado operations and capital expenditures associated with the Recovery Implementation Program for Endangered Fish Species in the Upper Colorado River Basin. (2) Source of funds.--Funds for the payment to the extent of the amount specified in paragraph (1)(A) shall not be derived from the issuance or sale, prior to the conveyance, of State or local bonds the interest on which is exempt from taxation under section 103 of the Internal Revenue Code of 1986. (c) Operation of Project.-- (1) In general.--The Project shall be operated and used by the Districts for a period of 40 years after the date of enactment of this Act for the purposes for which the Project was authorized under the Act of July 3, 1952 (66 Stat. 325, chapter 565). (2) Requirements.--During the 40-year period described in paragraph (1)-- (A) the Districts shall annually submit to the Secretary a plan for operation of the Project, which plan shall-- (i) report on Project operations for the previous year; (ii) provide a description of the manner of Project operations anticipated for the forthcoming year; and (iii) certify that the Districts have operated and will operate and maintain the Project facilities in accordance with sound engineering practices; and (B) subject to section 3, all electric power generated by operation of the Project shall be provided to and marketed by the Western Area Power Administration (including its successors and assigns). (d) Agreements.--Conveyance of the Project shall be subject to the agreements between the United States and the State of Colorado dated August 22, 1994, and September 23, 1994, relating to the construction and operation of recreational facilities at Vega Reservoir, which agreements shall continue to be performed by the parties thereto according to the terms of the agreements. SEC. 3. OPERATION. (a) Conformity to Historic Operations.--The power component and facilities of the Project shall be operated in substantial conformity with the historic operations of the power component and facilities (including recent operations in a peaking mode). (b) Power Marketing.-- (1) Under existing agreements.--The Districts shall be bound by the agreements between the Bureau of Reclamation and the Western Area Power Administration in existence on the date of enactment of this Act, which provide for the marketing of power generated by the power component of the Project as part of the output of the Salt Lake City Area Integrated Projects under the Post 1989 Operating Criteria, until those agreements expire or are terminated. (2) After expiration of existing agreements.-- (A) In general.--After the agreements described in paragraph (1) expire or are terminated, except as provided in subparagraph (B), the Districts shall provide all power produced by the power component of the Project to the Western Area Power Administration at a rate that-- (i) is sufficient to provide for the annual debt service, cost of capital, and operation (including maintenance and replacement) of the Project; and (ii) is determined in a manner that is consistent with the principles and assumptions followed by the Western Area Power Administration as of the date of enactment of this Act in its annual power repayment study for the Project. (B) Unacceptable rate.--If the Western Area Power Administration declines to market the power at a rate described in subparagraph (A), or if the rate at which the power would be marketed by Western Area Power Administration would not provide sufficient revenue to enable the Districts to recoup their cost of capital and operate, maintain, and replace the power component of the Project in accordance with sound engineering practices, the Districts may sell the power to entities other than the Western Area Power Administration. (c) License.--The Districts are by this Act granted a license under the Federal Power Act (16 U.S.C. 791a et seq.) for the operation of the Project in accordance with the requirements of section 2(c), for a period of 40 years after the date of conveyance of the Project, after which period the license may be renewed in accordance with applicable law. SEC. 4. INAPPLICABILITY OF NEPA. The conveyance of the Project does not constitute a major Federal action within the meaning of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) (including regulations issued under that Act). SEC. 5. INAPPLICABILITY OF PRIOR AGREEMENTS AND OF FEDERAL RECLAMATION LAWS. On conveyance of the Project to the Districts-- (1) the Repayment Contract dated May 27, 1957, as amended April 12, 1962, between the Collbran Conservancy District and the United States, and the Contract for Use of Project Facilities for Diversion of Water dated January 11, 1962, as amended November 10, 1977, between the Ute Water Conservancy District and the United States, shall be terminated and of no further force or effect; and (2) the Project shall no longer be subject to or governed by the Federal reclamation laws. SEC. 6. LIABILITY. (a) Districts.--The Districts shall be liable for all acts or omissions relating to the operation and use of the Project that occur subsequent to the conveyance. (b) United States.--The United States shall retain any liability that exists under any law for latent defects in the Project.

Directs the Secretary of the Interior, within 90 days after the enactment of this Act, to convey to the Ute Water Conservancy District and the Collbran Conservancy District (districts) all rights and interests of the United States in and to the Collbran Reclamation Project. Provides for: (1) payment to the United States by the districts of the net present value of outstanding repayment obligations of the districts; (2) deposit into the Treasury of such payment and authorized uses of such deposits; (3) Project operation and use by the districts for 40 years; (4) a required annual plan from the districts for operation of the Project during such period; and (5) conveyance subject to specified agreements between the United States and Colorado relating to the construction and operation of recreational facilities at Vega Reservoir, a Project area. Requires the Project's power component and facilities to be operated in substantial conformity with its past operation. Provides for Project power marketing under existing agreements. Requires the districts, after the expiration of such agreements, to provide all Project power produced to the Western Area Power Administration at a specified rate. Grants a 40-year license to the districts for Project operation. Makes the "major Federal action" provisions of the National Environmental Policy Act of 1969 inapplicable to such conveyance. Terminates certain previous agreements upon such conveyance. Makes the districts liable for all acts or omissions relating to the operation and use of the Project subsequent to the conveyance. Holds the United States liable for latent Project defects.

A bill to direct the Secretary of the Interior to convey the Collbran Reclamation Project, Colorado, to the Ute Water Conservancy District and the Collbran Conservancy District, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Project to Protect America Act''. SEC. 2. FINDINGS. The Congress finds that-- (1) the current system of compensation for Federal law enforcement officers (hereinafter in this section referred to as ``FLEOs'') must be reformed in order to deal with recruitment, retention, and morale problems associated with assignments to high-cost areas; (2) as the Office of Personnel Management has confirmed, limitations on premium pay are contributing to the pay compression problem which, in turn, may be undermining the efficacy of incentives designed to encourage FLEOs to assume greater supervisory and managerial duties; (3) the security of the Nation, as the 9-11 Commission Report confirmed, depends on effective Federal law enforcement; this is particularly true of large metropolitan areas, which should be staffed with FLEOs who are fairly compensated for their services; (4) the combination of rising living costs and lagging compensation threatens to worsen the significant recruitment and retention problems already facing Federal law enforcement agencies; (5) the problems described in paragraph (4) are especially serious among law enforcement officers of the Federal Bureau of Investigation, who are recruited and subject to assignment nationwide, and, upon assignment, are expected to adjust rapidly; but who, particularly in the case of those assigned to high-cost areas, often experience significant difficulties in finding adequate and affordable housing; and (6) the Office of Personnel Management should experiment with innovative approaches to addressing compensation problems in the Federal workforce and, in the case of FLEOs, should look to the Department of Defense as a model for providing a reasonable housing allowance to assist those assigned to high- cost areas. SEC. 3. HOUSING ALLOWANCE DEMONSTRATION PROJECT. (a) In General.--The Office of Personnel Management shall provide for a demonstration project under which eligible employees will be paid a basic housing allowance. (b) Eligible Employees.--For purposes of this Act, the term ``eligible employee'' means an employee who holds a position that-- (1) is in or under the Federal Bureau of Investigation; (2)(A) is classified under chapter 51 of title 5, United States Code, as a GS-1811 position; or (B) if the GS-1811 classification is redesignated or abolished or the qualification requirements for the GS-1811 classification are modified after the date of enactment of this Act, meets the qualification requirements for the GS-1811 classification either as then currently in effect or as in effect on such date of enactment; and (3) is within a high-cost area. Such term does not include an employee who is serving on a temporary basis or a part-time career employment basis (within the meaning of section 3401 of such title 5) or who is a reemployed annuitant (within the meaning of section 8344 or 8468 of such title 5). (c) Identification of High-Cost Areas.-- (1) Criteria.-- (A) In general.--An area shall, with respect to any calendar year, be considered to be a high-cost area for purposes of this Act if, with respect to the calendar year last ending before the start of such fiscal year-- (i) the average monthly housing costs for that area exceeded the average monthly housing costs for the continental United States by at least 10 percent (the dollar amount of that difference hereinafter in this Act referred to as the ``housing cost differential''); or (ii) such area was one of the 10 areas within the continental United States having the highest cost of living (identified in such manner as the Office of Personnel Management shall determine) and for which average monthly housing costs exceeded the average monthly housing costs for the continental United States. (B) Same differential computation rule applies.-- The housing cost differential for any area identified under subparagraph (A)(ii) shall be determined in the same manner as described in subparagraph (A)(i), but disregarding the 10-percent requirement. (2) Annual determinations.--In order to carry out this subsection, the Office of Personnel Management shall (for each fiscal year during which the demonstration project remains in operation) identify which areas satisfy paragraph (1). (3) Costs of adequate housing.--Determinations of monthly housing costs under this subsection shall be based on the costs of renting adequate housing typically borne by individuals residing within the area involved who have income levels comparable to those of eligible employees within the same area (taking into account, with respect to eligible employees, only amounts payable to such employees under title 5, United States Code). (4) Definition of an area.--For purposes of this section, the term ``area'' means a metropolitan statistical area within the continental United States. (d) Basic Housing Allowance.-- (1) In general.--The Office of Personnel Management shall prescribe the basic housing allowance payable to eligible employees within each area that has been identified under subsection (c) as a high-cost area for purposes of the fiscal year involved. (2) Amount.--The amount of the basic housing allowance for each high-cost area shall be equal to such amount as the Office of Personnel Management shall determine, except that-- (A) determinations under this paragraph shall be made in a manner based on section 403(b) of title 37, United States Code (relating to basic allowance for housing for members of the uniformed services); and (B) in no event may any such amount be less than the housing cost differential determined under subsection (c) for the area and fiscal year involved. (3) Manner of payment.--A basic housing allowance shall be payable at the same time and in the same manner as basic pay. (4) Nonreduction rule.--Notwithstanding any other provision of this Act, the basic housing allowance payable to an individual who continuously remains an eligible employee within the same high-cost area may not be reduced by reason of any fluctuations in housing costs. (5) Rule of construction.--Nothing in this Act shall be considered to permit or require any reduction in basic pay by reason of an individual's eligibility for or receipt of a basic housing allowance. (e) Applicability of Provisions Governing Demonstration Projects Generally.--The demonstration project shall be conducted in accordance with section 4703 of title 5, United States Code, except that such project shall not be subject to the provisions of subsection (d)(1) thereof and shall not be taken into account for purposes of applying the numerical limitation under subsection (d)(2) thereof. (f) Duration.--The demonstration project-- (1) shall be conducted over the 5-year period beginning on the first day of the first fiscal year beginning at least 30 days after the date of enactment of this Act; and (2) may, subject to the availability of appropriations, be extended for one or more additional 12-month periods after the end of the 5-year period referred to in paragraph (1). (g) Reporting Requirement.--Not later than 90 days after the date on which the demonstration project terminates, the Office of Personnel Management shall submit to Congress a report on such project, together with recommendations for any legislation that the Office considers appropriate. Such report shall specifically address the effect of the housing allowance on employee retention, recruitment, and morale, and shall be based on appropriate data as well as comments received from management officials, employees, and other interested persons (including professional associations representing employees). (h) Other Definitions.--For purposes of this section-- (1) the term ``employee'' has the meaning given such term by section 2105 of title 5, United States Code; (2) the term ``management official'' has the meaning given such term by section 7103 of such title 5; and (3) the term ``continental United States'' means the several States and the District of Columbia, but does not include Alaska or Hawaii. SEC. 4. EXCLUSION FROM LIMITATION ON PREMIUM PAY. Section 5547 of title 5, United States Code, is amended-- (1) in subsection (a), by striking ``5545a,''; (2) in subsection (c), by striking ``or 5545a,''; and (3) in subsection (d), by striking the period and inserting ``or a criminal investigator who is paid availability pay under section 5545a.''.

Project to Protect America Act - Requires the Office of Personnel Management to provide for a demonstration project under which eligible federal employees who are holding positions that: (1) are in or under the Federal Bureau of Investigation (FBI); (2) are classified under a GS 1811 position (criminal investigative series regarding criminal investigators); and (3) are within high-cost areas will be be paid a basic housing allowance.

To provide for a demonstration project under which a basic housing allowance will be afforded to Federal law enforcement officers serving in high-cost areas, and for other purposes.

SECTION 1. SHORT TITLE; FINDINGS. (a) Short Title.--This Act may be cited as the ``Access to Women's Health Care Act of 1999''. (b) Findings.--Congress makes the following findings: (1) Women's health historically has received little attention. (2) A provider of obstetric and gynecological care improves a woman's access to health care by providing primary and preventive health care throughout the woman's lifetime. (3) Sixty percent of all office visits to providers of obstetric and gynecological care are for preventive care. (4) Providers of obstetrical and gynecological care are uniquely qualified on the basis of education and experience to provide basic women's health care services. (5) While more than 37 States have acted to promote residents' access to providers of obstetrical and gynecological care, patients in other States or in Federally-governed health plans are not protected from access restrictions or limitations. SEC. 2. PATIENT ACCESS TO OBSTETRICAL AND GYNECOLOGICAL CARE. (a) In General.--If a group health plan, or a health insurance issuer in connection with the provision of health insurance coverage, requires or provides for a participant, beneficiary, or enrollee to designate a participating primary care provider, and an individual who is female has not designated a provider who specializes in obstetrics and gynecology as a primary care provider, the plan or issuer-- (1) may not require authorization or a referral by the individual's primary care provider or otherwise for coverage of gynecological care (such as preventive women's health examinations) and pregnancy-related services provided by a participating health care professional who specializes in obstetrics and gynecology to the extent that such care is otherwise covered; and (2) may treat the ordering of other gynecological and obstetrical care, including referrals for related care, by such a participating provider as the authorization of the primary care provider with respect to such care under the plan or coverage. (b) Construction.--Nothing in subsection (a)(2) shall be construed to waive any requirements of coverage relating to medical necessity or appropriateness with respect to coverage of the gynecological and obstetrical care so ordered. (c) Providers.--A group health plan, or a health insurance issuer in connection with the provision of health insurance coverage, that provides benefits, in whole or in part, through participating health care providers shall have (in relation to the coverage) a sufficient number, distribution, and variety of qualified participating health care providers to ensure that all covered health care services, including specialty services, will be available and accessible in a timely manner to all participants, beneficiaries, and enrollees under the plan or coverage. (d) Prohibitions.--A group health plan, and a health insurance issuer in connection with the provision of health insurance coverage, may not-- (1) deny to an individual eligibility, or continued eligibility, to enroll or to renew coverage under the terms of the plan or coverage, for the purpose of avoiding the requirements of this section; (2) provide monetary payments or rebates to individuals to encourage such individuals to access less than the minimum protections available under this section; (3) penalize or otherwise reduce or limit the reimbursement of a provider because such provider provided care to an individual participant, beneficiary, or enrollee in accordance with this section; or (4) provide incentives (monetary or otherwise) to a provider to induce such provider to provide care to an individual participant, beneficiary, or enrollee in a manner inconsistent with this section. (e) Level and Type of Reimbursements.--Nothing in this section shall be construed to prevent a group health plan or a health insurance issuer in connection with the provision of health insurance coverage from negotiating the level and type of reimbursement with a provider for care provided in accordance with this section. (f) Continued Applicability of State Law With Respect to Health Insurance Issuers.--This section shall not be construed to supersede any provision of State law which establishes, implements, or continues in effect any standard or requirement solely relating to health insurance issuers in connection with group health insurance coverage except to the extent that such standard or requirement prevents the application of a requirement of this section. SEC. 3. PATIENT ACCESS TO OBSTETRICAL AND GYNECOLOGICAL CARE UNDER PUBLIC HEALTH SERVICE ACT. (a) In General.--Subpart 2 of part A of title XXVII of the Public Health Service Act, as amended by the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999 (Public Law 105-277), is amended by adding at the end the following new section: ``SEC. 2707. PATIENT ACCESS TO OBSTETRIC AND GYNECOLOGICAL CARE. ``(a) In General.--Each group health plan shall comply with the patient protection requirements under section 2 of the Access to Women's Health Care Act of 1999, and each health insurance issuer shall comply with patient protection requirements under such section with respect to group health insurance coverage it offers, and such requirements shall be deemed to be incorporated into this subsection. ``(b) Notice.--A group health plan shall comply with the notice requirement under section 711(d) of the Employee Retirement Income Security Act of 1974 with respect to the requirements referred to in subsection (a) and a health insurance issuer shall comply with such notice requirement as if such subsection applied to such issuer and such issuer were a group health plan.'' (b) Individual Market.--Subpart 3 of part B of title XXVII of the Public Health Service Act, as amended by the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999 (Public Law 105-277), is amended by adding at the end the following new section: ``SEC. 2753. PATIENT ACCESS TO OBSTETRIC AND GYNECOLOGICAL CARE. ``(a) In General.--Each health insurance issuer shall comply with patient protection requirements under section 2 of the Access to Women's Health Care Act of 1999, with respect to individual health insurance coverage it offers, and such requirements shall be deemed to be incorporated into this subsection. ``(b) Notice.--A health insurance issuer under this part shall comply with the notice requirement under section 711(d) of the Employee Retirement Income Security Act of 1974 with respect to the requirements referred to in subsection (a) as if such subsection applied to such issuer and such issuer were a group health plan.''. SEC. 4. PATIENT ACCESS TO OBSTETRICAL AND GYNECOLOGICAL CARE UNDER THE EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974. (a) In General.--Subpart B of part 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974, as amended by the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999 (Public Law 105-277), is amended by adding at the end the following: ``SEC. 714. PATIENT ACCESS TO OBSTETRIC AND GYNECOLOGICAL CARE. ``(a) In General.--Subject to subsection (b), a group health plan (and a health insurance issuer offering group health insurance coverage in connection with such a plan) shall comply with the requirements of section 2 of the Access to Women's Health Care Act of 1999 (as in effect as of the date of enactment of such Act), and such requirements shall be deemed to be incorporated into this subsection. ``(b) Notice.--The imposition of the requirements of this section shall be treated as material modification in the terms of the plan described in section 102(a)(1), for purposes of assuring notice of such requirements under the plan, except that the summary description required to be provided under the last sentence of section 104(b)(1) with respect to such modification shall be provided by not later than 60 days after the first day of the first plan year in which such requirements shall apply.''. (b) Conforming Amendment.--The table of contents in section 1 of the Employee Retirement Income Security Act of 1974, as amended by the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999 (Public Law 105-277), is amended by inserting after the item relating to section 713 the following new item: ``Sec. 714. Patient access to obstetric and gynecological care.''. SEC. 5. APPLICATION OF PATIENT ACCESS TO OBSTETRIC AND GYNECOLOGICAL CARE TO THE INTERNAL REVENUE CODE OF 1986. (a) In General.--Subchapter B of chapter 100 of the Internal Revenue Code of 1986 (relating to other requirements) is amended-- (1) in the table of sections, by inserting after the item relating to section 9812 the following new item: ``Sec. 9813. Patient access to obstetric and gynecological care''; and (2) by inserting after section 9812 the following new section: ``SEC. 9813. PATIENT ACCESS TO OBSTETRIC AND GYNECOLOGICAL CARE. ``A group health plan shall comply with the requirements of section 2 of the Access to Women's Health Care Act of 1999 (as in effect as of the date of enactment of such Act), and such requirements shall be deemed to be incorporated into this section.''

Access to Women's Health Care Act of 1999 - States that a group health plan or a health insurance issuer, in the case of a woman who has not chosen a primary care provider who is an obstetrics-gynecology specialist: (1) may not require primary care provider referral for gynecological care and pregnancy-related services; and (2) may treat the ordering by such specialist of additional obstetrical and gynecological care as authorization by the primary care provider. Prohibits a plan or issuer from taking specified actions to limit membership or reduce access to or use of obstetrics and gynecological services. Amends the Public Service Act, as amended by the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999 (including the individual market), the Employee Retirement Income Security Act of 1974 (ERISA), and the Internal Revenue Code to require compliance with such obstetrics and gynecological access provisions.

Access to Women's Health Care Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Henry Ford Scholarship Program Act''. SEC. 2. HENRY FORD SCHOLARSHIP PROGRAM. (a) Program Established.--The Secretary is authorized to establish a program, in accordance with the requirements of this Act, to award scholarships to high-achieving students who graduate from secondary school after May 1, 2007, to pursue undergraduate degrees in mathematics, science, engineering, and health-related fields at institutions of higher education. (b) Henry Ford Scholars.--Individuals awarded scholarships under this Act shall be known as ``Henry Ford Scholars''. SEC. 3. SCHOLARSHIP AWARDS. (a) Scholarship Amount.-- (1) Maximum amount.--The maximum amount of a scholarship that an eligible student may receive under this section shall be $5,000 for an academic year, and shall be $20,000 in the aggregate. (2) Adjustment for insufficient appropriations.--If funds available to carry out this Act for an academic year are insufficient to fully fund all scholarships awarded by the Secretary under this Act for such academic year, the amount of the scholarship paid to each student under this Act shall be reduced proportionately. (b) Period of Award.--Scholarships under this section shall be awarded for a period of one academic year, and may be renewed for subsequent one-year periods during the first 4 years of study at any institution of higher education. (c) Relation to Other Assistance.--Scholarships provided under this Act shall not be considered for the purpose of awarding Federal grant assistance under title IV of the Higher Education Act of 1965 (20 U.S.C 1070 et seq.), except that in no case shall the total amount of student financial assistance awarded to a student under this Act and such title exceed such student's total cost of attendance. (d) Conversion to Loan.-- (1) Failure to obtain undergraduate degree in mathematics, science, engineering, or a health-related field.--Any individual who receives a scholarship award under this Act who fails to obtain a bachelor's degree with a major in mathematics, science, engineering, or a health-related field from an institution of higher education within a period prescribed by the Secretary by regulations issued pursuant to this Act, shall be required to repay a pro rata amount of the scholarship award received, plus interest (but in no event at an interest rate higher than the rate applicable to loans in the applicable period under part B of title IV of the Higher Education Act of 1965 (20 U.S.C. 1071 et seq.)) and, where applicable, reasonable collection fees, on a schedule and at a rate of interest to be prescribed by the Secretary by such regulations. (2) Forgiveness if deceased or disabled.--An individual shall be excused from repayment of any scholarship award required under paragraph (1) if the individual dies or becomes permanently and totally disabled (as determined in accordance with regulations prescribed by the Secretary). SEC. 4. ELIGIBILITY. (a) Initial Student Eligibility.--To be eligible for a scholarship under this Act, a student shall-- (1) be a citizen, national, or permanent resident of the United States; (2) have a total adjusted gross income that-- (A) based on the income of the parents of the student (and excluding any income of the dependent student), is less than $200,000, in the case of a student who is a dependent student; (B) based on the income of the student, is less than $100,000, in the case of a student who is an independent student and is not married; or (C) based on the income of the student and the student's spouse, is less than $200,000, in the case of a student who is an independent student and is married; (3) be a graduate of a public or private secondary school, or have the equivalent of a certificate of graduation as recognized by the State in which the student resides; (4) be enrolled or accepted for enrollment in a program of undergraduate instruction leading to a bachelor's degree with a major in mathematics, science, engineering, or a health-related field at an institution of higher education; and (5) have obtained a cumulative grade point average of at least 3.5 (or the equivalent as determined under regulations prescribed by the Secretary)-- (A) at the end of the secondary school program of study, in the case of a student enrolled or accepted for enrollment in the first academic year of undergraduate education; or (B) at the end of the most recently completed academic year of undergraduate education, in the case of a student enrolled or accepted for enrollment in the second, third, or fourth academic year of undergraduate education. (b) Continuing Eligibility.--In order for a student to continue to be eligible to receive a scholarship under this Act for a subsequent year of undergraduate education, the student shall maintain eligibility under subsection (a), including fulfilling the grade point average requirement under paragraph (5)(B) of such subsection. SEC. 5. SELECTION. (a) Application.--Each eligible student desiring a scholarship under this Act shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require. (b) Award Basis.--Subject to subsection (c), scholarships under this section shall be awarded on a first-come, first-served basis and subject to the availability of appropriations. (c) Priority.--The Secretary shall give priority in awarding scholarships under this section for an academic year to eligible students who received a scholarship award under this section for the preceding academic year. SEC. 6. REGULATIONS. The Secretary is authorized to prescribe such regulations as may be necessary to carry out the provisions of this Act. SEC. 7. DEFINITIONS. For the purposes of this Act: (1) Institution of higher education.--The term ``institution of higher education'' has the meaning given such term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)). (2) Secretary.--The term ``Secretary'' means the Secretary of Education. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act such sums as may be necessary for fiscal year 2008, and for each succeeding fiscal year.

Henry Ford Scholarship Program Act - Authorizes the Secretary of Education to establish a program awarding scholarships to high-achieving students (to be known as "Henry Ford Scholars") who graduate from secondary school after May 1, 2007, and pursue undergraduate degrees in mathematics, science, engineering, and health-related fields at institutions of higher education. Awards each scholarship for one academic year, but gives recipients who continue to meet scholarship eligibility criteria priority for additional one-year scholarships, for up to four years of undergraduate study. Sets forth eligibility criteria requiring applicants to have a cumulative grade point average of at least 3.5, and family or individual adjusted gross income of less than $200,000 or $100,000, respectively.

To establish the Henry Ford Scholarship program to provide scholarships to high-achieving students to pursue undergraduate degrees in mathematics, science, engineering, and health-related fields.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Military Retirees Health Care Protection Act''. SEC. 2. FINDINGS AND SENSE OF CONGRESS. (a) Findings.--Congress finds the following: (1) Career uniformed service members and their families endure unique and extraordinary demands and sacrifices during the course of a decades-long career protecting freedoms for all Americans. (2) The extent of these demands and sacrifices is never so evident as in wartime, not only in today's Global War on Terrorism, but also during the last 6 decades of hot and cold wars when today's retired service members were on continuous call to enter into harm's way when and as needed. (3) The demands and sacrifices are such that few Americans are willing to accept them for a multi-decade career. (4) The primary offset for enduring the extraordinary sacrifices inherent in a military career is a system of extraordinary retirement benefits, including health care coverage considerably better than that afforded civilian workers, that a grateful Nation provides for those who choose to subordinate much of their personal life to the national interest for so many years. (5) Many private sector firms are curtailing health benefits and shifting significantly higher costs to their employees. (6) One effect of such curtailment is that retired service members who work for such employers increasingly depend on the TRICARE coverage they earned by their military service. (7) While the Department of Defense has made some efforts to constrain TRICARE program costs, a large part of the Department's effort has been aimed at shifting a larger share of cost burdens to retired service members. (8) The beneficiary cost increases proposed by the Department of Defense fail to recognize adequately that career service members paid enormous in-kind premiums through their extended service and sacrifice. (9) A significant share of the Nation's health care providers refuse to accept new TRICARE patients because TRICARE pays them significantly less than commercial insurance programs and imposes unique administrative requirements. (10) The Department of Defense has chosen to count the accrual deposit to the Department of Defense Medicare-Eligible Retiree Health Care Fund against the budget of the Department of Defense, contrary to the amendments made by section 725 of Public Law 108-375. (11) Leaders of the Department of Defense have reported to Congress that counting such deposits against the budget of the Department of Defense is impinging on other readiness needs, including weapons programs, an inappropriate situation which section 725 of Public Law 108-375 was intended expressly to prevent. (b) Sense of Congress.--It is the sense of Congress that-- (1) the Department of Defense and the Nation have a committed health benefits obligation to retired uniformed service members that exceeds the obligation of corporate employers to civilian employees; and (2) the Department of Defense has many additional options to constrain the growth of health care spending in ways that do not disadvantage beneficiaries and should pursue any and all such options rather than seeking large fee increases for beneficiaries. SEC. 3. PROHIBITION ON INCREASES OF CERTAIN HEALTH COSTS AND RESTRICTIONS ON HEALTH BENEFIT ADJUSTMENTS FOR MEMBERS AND RETIREES OF THE UNIFORMED SERVICES AND THEIR DEPENDENTS. (a) Prohibition on Increase in Charges Under Contracts for Medical Care.--Section 1097(e) of title 10, United States Code, is amended in the last sentence-- (1) by striking ``during the period beginning on'' and inserting ``after''; and (2) by striking ``, and ending on September 30, 2011''. (b) Prohibition on Increase in Amount of Cost Sharing Requirement Under Pharmacy Benefits Program.--Section 1074g(a)(6)(A) of title 10, United States Code, is amended by adding at the end the following: ``After September 30, 2011, the dollar amount of a cost sharing requirement (whether established as a percentage or a fixed dollar amount) may not be increased.''. (c) Prohibition on Increase in Charges for Inpatient Care.--Section 1086(b)(3) of title 10, United States Code, is amended by striking ``during the period beginning on April 1, 2006, and ending on September 30, 2011''. (d) Prohibition on Increase in Premiums Under TRICARE Coverage for Certain Members in the Selected Reserve.--Section 1076d(d)(3) of title 10, United States Code, is amended to read as follows: ``(3) Beginning on October 1, 2011, the monthly amount of the premium for TRICARE Standard coverage under this section may not be increased to be more than the amount in effect for the month of September 2011.''. (e) Prohibition on Increase in Premiums Under TRICARE Coverage for Certain Members of the Retired Reserve.--Section 1076e(d) of title 10, United States Code, is amended by adding at the end the following new paragraph: ``(6) Beginning on October 1, 2011, the monthly amount of the premium for TRICARE Standard coverage under this section may not be increased to be more than the amount in effect for the month of September 2011.''.

Military Retirees Health Care Protection Act - Expresses the sense of Congress that: (1) the Department of Defense (DOD) and the nation have a committed health benefits obligation to retired military personnel that exceeds the obligation of corporate employers to civilian employees; and (2) DOD has many additional options to constrain the growth of health care spending in ways that do not disadvantage beneficiaries, and should pursue such options rather than seeking large fee increases for beneficiaries. Prohibits an increase after: (1) April 1, 2006, in a premium, deductible, copayment, or other charge prescribed by the Secretary of Defense for medical and dental health care coverage for military personnel; and (2) September 30, 2011, in the dollar amount of a cost-sharing requirement under the DOD pharmacy benefits program. Prohibits: (1) charges for DOD inpatient care from exceeding $535 per day; and (2) beginning on October 1, 2011, an increase in premiums under TRICARE (a DOD managed health care program) for certain members of the Selected Reserve and Retired Reserve.

To amend title 10, United States Code, to prohibit certain increases in fees for military health care.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Penn School - Reconstruction Era National Monument Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Penn Center on St. Helena Island in South Carolina is a unique historical and cultural resource for the understanding and interpretation of the Reconstruction era. (2) Penn Center is the site of Penn School, founded in 1862 by Laura M. Towne and Ellen Murray, missionaries from Pennsylvania. It was one of the first schools in the South for formerly enslaved African Americans. The school held classes at Oaks Plantation and Brick Church on St. Helena before moving to its permanent location. (3) In 1864, with assistance from the Freedman's Aid Society of Pennsylvania, Penn School purchased 50 acres of land across from Brick Church from Hastings Gantt and erected a schoolhouse shipped from Philadelphia as its first building. Penn School opened in its permanent location in January 1865, and the campus has continuously operated in various forms to the present day. (4) At its founding, Penn School was a central component of the Port Royal Experiment, the effort begun by the Lincoln Administration during the Civil War to help former slaves in the Sea Islands of the South Carolina Lowcountry become self- sufficient. (5) Penn School lasted much longer than the Port Royal Experiment, thriving for the duration of the Civil War and through the Reconstruction era, helping thousands transition to freedom. (6) After the Civil War ended, Laura Towne advocated for public funding of schools for African Americans in the Sea Islands, knowing that the philanthropic missionary organizations in Pennsylvania which supported Penn School could not meet the need. (7) In 1868, Robert Smalls, whose daughter attended Penn School during the Civil War, won passage of a provision at the South Carolina constitutional convention requiring compulsory education for all children ages seven to fourteen that would be financially supported by the government and free of charge to attend. (8) The Compromise of 1877 ended Reconstruction in the South, withdrawing Federal military protection of African Americans' rights. The effects on education of African Americans were immediate. South Carolina quickly stripped communities of their power to democratically elect school board members. By June 1877, the people of St. Helena were forbidden to raise money for educational purposes, effectively ending their nascent public school system. (9) Penn School, privately funded by Northern charities, continued, and as Reconstruction ended and the Jim Crow era took hold, Penn School became a sanctuary for former slaves and their descendants, developing a class of rural Black landowners who built communities and preserved African traditions. This adaptation of old traditions to a new land forged a unique culture, which would become known as Gullah. (10) In 1901, upon the death of co-founder Laura Towne, who had led the school for 40 years, the Penn School reorganized as the Penn Normal, Agricultural and Industrial School. Led by new chairman, Horace Burke Frissell, then President of Hampton Institute, it adopted the industrial arts curriculum taught at Hampton and Tuskegee Institutes. (11) By 1948, Beaufort County was operating public schools on St. Helena and the other sea islands. Penn Normal, Agricultural and Industrial School ended its academic mission and reorganized as Penn Community Services, Inc. (known as Penn Center), dedicated to civil rights and social justice, the preservation of Gullah history and culture, and providing critical services and resources to the community on St. Helena. (12) In the 1950s and 60s, Penn Center was one of the few places in the South that Whites and Blacks could gather together, and as a result many social and political organizations used the campus to plan activities as part of the Civil Rights Movement. (13) Dr. Martin Luther King, Jr., used Penn Center for Southern Christian Leadership Conference staff retreats and to plan other activities. Much of SCLC's planning for the great ``March on Washington'' and the ``Poor People's Campaign'' took place at Penn Center as did several of King's iconic speeches. (14) The Penn Center campus was designated a National Historic Landmark District by the Secretary of the Interior in 1974. (15) Penn Center began to offer legal services, particularly those involving heirs' property issues, to preserve African-American family land ownership in St. Helena and the surrounding area where property had passed from generation to generation without the benefit of wills or estate plans as a result of Blacks' lack of access to the legal system. (16) In 2000, Congress instructed the National Park Service to execute the Low Country Gullah Culture Special Resource Study, which was completed in 2005. Building on those findings, in 2006 Congress authorized the Gullah/Geechee Cultural Heritage Corridor, dedicating an entity to the preservation and interpretation of African-American culture on the Southeast coast, known as Gullah in North Carolina and South Carolina and Geechee in Georgia and Florida. Penn Center is at the heart of this corridor, helping preserve Gullah culture on St. Helena and throughout the Sea Islands. (17) The National Park Service's Special Resource Study stated that, ``Penn School is one of the most historically significant educational and cultural institutions in the United States.''. (18) No unit of the National Park Service is dedicated to the preservation and interpretation of the Reconstruction Era, and establishing such a unit at Penn Center will be an important step in ensuring that the National Park Service offers a complete version of American history. SEC. 3. ESTABLISHMENT OF PENN SCHOOL - RECONSTRUCTION ERA NATIONAL MONUMENT. (a) Establishment.--There is hereby established Penn School - Reconstruction Era National Monument in the State of South Carolina, which shall become a unit of the National Park System when the Secretary has-- (1) acquired sufficient land or an interest in land within the boundary of the National Monument to constitute a manageable unit, as determined by the Secretary; and (2) entered into a written agreement with Penn Center, under subsection (d). (b) Purposes.--The purposes of the National Monument are-- (1) preserving and interpreting for the benefit of future generations the significant educational, social, and cultural history in the National Monument and providing a unit of the National Park Service dedicated to the history of the Reconstruction Era; (2) coordinating preservation, protection, and interpretation efforts by Federal, State, and local governmental entities, and private and nonprofit organizations; and (3) coordinating appropriate management options needed to ensure the protection, preservation, and interpretation of the many significant aspects of the National Monument. (c) Boundaries.--The boundaries of the National Monument are the same as the boundaries of the Penn Center National Historic Landmark District as depicted on the map. (d) Agreement.--The Secretary is authorized to enter into an agreement with Penn Center-- (1) regarding the transfer of land or interests in land; and (2) delineating the respective roles and responsibilities of the National Park Service and Penn Center in the operation, maintenance, and interpretation of the National Monument. (e) Publication of Notice.--Not later than 60 days after the date on which the conditions in subsection (a) are satisfied, the Secretary shall publish in the Federal Register notice of the establishment of the National Monument as a unit of the National Park System. (f) Land Acquisition.--The Secretary may acquire by donation, purchase with donated or appropriated funds from a willing seller, or exchange-- (1) lands or interests in land within the boundary of the National Monument; and (2) lands or interests in land in the vicinity of the National Monument, as determined by the Secretary. SEC. 4. ADMINISTRATION. (a) In General.--The Secretary shall administer the National Monument in accordance with-- (1) this Act; and (2) the laws generally applicable to units of the National Park System, including-- (A) section 100101(a), chapter 1003, and sections 100751(a), 100752, 100753, and 102101 of title 54, United States Code; and (B) chapter 3201 of title 54, United States Code. (b) Cooperative Agreements.--The Secretary may enter into cooperative agreements with other public and nonpublic parties that provide for-- (1) National Park Service operation and maintenance of the national historic park; (2) collaboration and cooperation by the National Park Service and Penn Center on management and interpretation of the National Monument; and (3) the State or other public and nonpublic parties, under which the Secretary may identify, interpret, and provide assistance for the preservation of non-Federal properties within and adjacent to the National Monument, including providing for placement of directional and interpretive signage, exhibits, and technology-based interpretive devices. (c) Management Plan.--Not later than 3 fiscal years after the date on which funds are first made available to carry out this Act, the Secretary shall complete a general management plan for the National Monument in accordance with-- (1) section 100502 of title 54, United States Code; and (2) any other applicable laws. (d) Legal Description and Map.--The Secretary shall prepare a legal description of the land and interests in land designated as the National Monument. The legal description and map prepared pursuant to this subsection shall be on file and available for public inspection in the appropriate offices. SEC. 5. AUTHORITY TO CARRY OUT FEDERAL LAW. Nothing in this Act modifies any authority of the United States to carry out Federal laws on Federal land located within the National Monument. SEC. 6. DEFINITIONS. In this Act: (1) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (2) Map.--Except for the purposes of section 4(d), the term ``map'' means the map titled ``Penn Center Historic District'' and received on August 22, 1974, by the Department of the Interior, National Register, as part of the National Register Nomination Form (Form 10-300) for the Penn Center Historic District. (3) National monument.--The term ``National Monument'' means the Penn School - Reconstruction Era National Monument pursuant to this Act. (4) Penn center.--The term ``Penn Center'' means Penn Community Services, Inc., a South Carolina corporation recognized under section 501(c)(3) of the Internal Revenue Code of 1986.

Penn School - Reconstruction Era National Monument Act This bill establishes the Penn School - Reconstruction Era National Monument in South Carolina, which shall become a unit of the National Park System (NPS) when the Department of the Interior has: acquired sufficient land or an interest in land within the monument's boundary to constitute a manageable unit, and entered into a written agreement with Penn Community Services, Inc. (known as Penn Center) pursuant to this bill. The bill declares that the monument's boundaries shall be the same as those of the Penn Center National Historic Landmark District. Interior may enter into an agreement with Penn Center: regarding the transfer of land or interests in land; and delineating the respective roles and responsibilities of the National Park Service and Penn Center in the operation, maintenance, and interpretation of the monument. Interior may acquire by donation, purchase from a willing seller, or exchange lands or interests in land within the monument's boundary and within its vicinity.

Penn School - Reconstruction Era National Monument Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Beneficiary Access to Care Act of 2002''. SEC. 2. FINDINGS. The Congress finds and declares that-- (1) payments for drugs and biologicals under the Medicare outpatient hospital prospective payment system should be based on all of the costs of delivering outpatient pharmacy therapy (involving the drug or biological) in the outpatient hospital setting, including (but not limited to) acquisition costs, and the costs associated with storage, handling, processing, quality control, disposal, and pharmacy overhead should be fully accounted for under such system; (2) the payment rates proposed in Centers for Medicare & Medicaid Services, Medicare Program; Changes to the Hospital Outpatient Prospective Payment System and Calendar Year 2003 Payment Rates; and Changes to Payment Suspension for Unified Cost Report; Proposed Rule, (67 Federal Register 52092 et seq. (August 9, 2002)) do not fully reflect such costs; (3) the methodology implied by the statute establishing such system and used by the Centers for Medicare & Medicaid Services to estimate acquisition costs is flawed because it derives such estimates from what hospitals charged for individual products on patient bills without appropriate adjustment for hospital charging practices; (4) this methodology substantially underestimates the acquisition costs of newer, more expensive drugs and biologicals; (5) the methodology used to develop such rates produces erratic and unreliable results, with-- (A) the payment rate for one product increasing 700 percent and the rates for many others exceeding 100 percent of their average wholesale price (AWP), and (B) the payment rates for nine drugs and biologicals used in cancer therapy experiencing rate reductions of between 50 and 90 percent; (6) beneficiary access may be jeopardized in the outpatient hospital setting for those drugs and biologicals for which program payments are substantially below the costs of delivering them; and (7) the payment rates proposed for most drugs and biologicals under such system for calendar year 2003 are less than the payment rates established for them in 2002, with the payment reductions exceeding 30 percent in most cases. SEC. 3. DURATION OF PERIOD FOR WHICH TRANSITIONAL, PASS-THROUGH PAYMENTS ARE MADE FOR DRUGS AND BIOLOGICALS. (a) Continuation if Data Collected in 2 to 3 Year Period Are Inadequate.--Section 1833(t)(6) of the Social Security Act (42 U.S.C. 1395l(t)(6)) is amended-- (1) in subparagraph (C)(i), by striking ``The payment'' and inserting ``Except as provided in subparagraph (F), the payment''; and (2) by adding at the end the following: ``(F) Extension of period of payment.-- ``(i) In general.--Notwithstanding the 3- year limitation specified in subparagraph (C)(i), in the case of a drug or biological for which additional payments under this paragraph would (but for this subparagraph) cease to be made by reason of such limitation, such additional payments shall continue to be made with respect to the drug or biological during the period that begins with the last day of the period of payment under subparagraph (C)(i) and ends on a date specified by the Secretary that is no earlier than January 1 of the first calendar year beginning on or after the date on which the Secretary has met each of the requirements of clause (ii). ``(ii) Requirements.--The requirements of this clause are that the Secretary-- ``(I) engage an appropriate outside contractor with substantial expertise and experience in the methodology of prospective payment systems to study and report to the Secretary alternatives to the methodology used by the Centers for Medicare & Medicaid Services for determining the relative weights under paragraphs (2)(C) and (9) so that the relative weights more accurately and equitably reflect the variation in costs among items and services; ``(II) make public the report prepared under subclause (I) together with the Secretary's recommendations for changes in the methodology, and provide for a public comment period of at least 90 days on such report; ``(III) find and certify that adequate data are available reflecting all of the costs of delivering outpatient pharmacy therapy (involving the drug or biological) in the outpatient hospital setting, including acquisition, storage, handling, processing, quality control, disposal, and pharmacy overhead costs; ``(IV) find and certify that methodology used to determine relative payment weights for drugs and biologicals, when used with such data, produces a medicare OPD fee schedule payment amount that accurately and equitably reflects such costs; ``(V) report such findings to the Congress and release to the public the data used to support such findings; ``(VI) publish (on a date that is no earlier than 180 days after the requirements of subclause (V) have been met) a notice of proposed rulemaking on a relative payment weight to be used to determine the medicare OPD fee schedule payment amount for the drug or biological under this subsection, with a period for public comment of at least 90 days; and ``(VII) taking into account the comments received during the comment period for such notice, publish a final rule establishing a relative payment weight for the drug or biological.''. (b) Effective Date.--The amendments made by subsection (a) shall be effective as if included in the enactment of the Medicare, Medicaid, and SCHIP Balanced Budget Refinement Act of 1999. SEC. 4. AMBULATORY PAYMENT CLASSIFICATIONS FOR DRUGS AND BIOLOGICALS AFTER PERIOD OF TRANSITIONAL PASS-THROUGH PAYMENTS. (a) In General.--Section 1833(t)(2) of the Social Security Act (42 U.S.C. 1395l(t)(2) is amended-- (1) by striking ``and'' at the end of subparagraph (F); (2) striking the period at the end of subparagraph (G) and inserting ``; and''; and (3) by adding at the end the following: ``(H) the Secretary shall, in determining the amount of payment under this subsection for a drug or biological furnished on or after the date on which transitional, pass-through payments under paragraph (6) cease to be made with respect to the drug or biological-- ``(i) treat the drug and biological as a separate group of covered OPD services; and ``(ii) to the greatest extent practicable, use the same designation for such group as was used for the group to which the drug or biological was assigned during the period for which transitional, pass-through payments were made with respect to the drug or biological.''. (b) Effective Date.--The amendments made by subsection (a) shall be effective as if included in the enactment of the Medicare, Medicaid, and SCHIP Balanced Budget Refinement Act of 1999. SEC. 5. STUDY OF PHARMACY SERVICES USED TO PROVIDE CANCER DRUG THERAPIES IN HOSPITAL OUTPATIENT SETTING. (a) In General.--The Comptroller General of the United States shall conduct a study of payments under part B of title XVIII of the Social Security Act for pharmacy service costs and related costs that are incurred in acquiring chemotherapy and supportive care drugs and providing these therapies to cancer patients in hospital outpatient departments. The study shall-- (1) identify pharmacy costs, including the costs of storage, handling, processing, quality control, disposal, compliance with safety protocols and regulations, establishing dosage regimens that avoid drug interactions and contraindications, and pharmacy overhead; (2) include a review of the adequacy of the current payment methodology for pharmacy service costs and related costs; and (3) identify any changes to that methodology that are necessary to ensure recognition of and appropriate payment for all of the services and functions inherent in the provision of cancer treatment in hospital outpatient settings. (b) Report to Congress.--Not later than 12 months after the date of the enactment of this Act, the Comptroller General shall submit to Congress a report on the results of the study under subsection (a), including any recommendations for legislation that is necessary to implement the changes identified under subsection (a)(3). SEC. 6. LIMIT ON REDUCTIONS FOR TRANSITIONAL, PASS-THROUGH PAYMENTS FOR DRUGS AND BIOLOGICALS. Section 1833(t)(6)(E) of the Social Security Act (42 U.S.C. 1395l(t)(6)(E)) is amended-- (1) in clause (i)-- (A) by striking ``In general.--''and inserting ``Years before 2003.--''; (B) by striking ``in a year'' and inserting ``in a year before 2003''; and (C) by striking ``clause (ii))'' and inserting ``clause (iv))''; (2) by striking clause (ii) and redesignating clause (iii) as clause (ii); and (3) by adding at the end the following: ``(iii) Years after 2002.--Before the beginning of 2003 and each subsequent year, the Secretary shall estimate the total of the additional payments to be made under this paragraph for covered OPD services furnished in the year (determined without regard to any limitation on the total amount of such payments) and shall adjust the conversion factor established under paragraph (3)(C) for the year by a budget neutrality percentage that, notwithstanding paragraph (2)(E), does not exceed the lesser of-- ``(I) the ratio (expressed as a percentage) of the Secretary's estimate of such total additional payments for such year to the Secretary's estimate of the total payments to be made under this subsection for all covered OPD services furnished in that year; or ``(II) the applicable percentage (specified in clause (iv)) for that year. ``(iv) Applicable percentage.--For purposes of clauses (i) and (iii), the term `applicable percentage' means-- ``(I) for a year (or portion of a year) before 2004, 2.5 percent; and ``(II) for 2004 and each subsequent year, a percentage specified by the Secretary up to (but not to exceed) 2.0 percent.''.

Beneficiary Access to Care Act of 2002 - Amends title XVIII (Medicare) of the Social Security Act with respect to the prospective payment system for hospital outpatient department (OPD) services and: (1) duration of the period for which transitional, pass-through payments are made for drugs and biologicals; (2) ambulatory payment classifications for drugs and biologicals after the period of transitional pass-through payments; and (3) elimination of the limit on reductions for transitional, pass-through payments for drugs and biologicals.Directs the Comptroller General to study and report to Congress on pharmacy services used to provide cancer drug therapies in hospital outpatient departments.

To amend title XVIII of the Social Security Act to provide for equitable payments for health care services furnished to Medicare beneficiaries in hospital outpatient departments, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Native Hawaiian and Other Pacific Islander Health Data Act of 2009''. SEC. 2. NATIVE HAWAIIANS AND OTHER PACIFIC ISLANDER HEALTH DATA. Part B of title III of the Public Health Service Act (42 U.S.C. 243 et seq.) is amended by inserting after section 317T the following: ``SEC. 317U. NATIVE HAWAIIAN AND OTHER PACIFIC ISLANDER HEALTH DATA. ``(a) Definitions.--In this section: ``(1) Community group.--The term `community group' means a group of NHOPI who are organized at the community level, and may include a church group, social service group, national advocacy organization, or cultural group. ``(2) Nonprofit, nongovernmental organization.--The term `nonprofit, nongovernmental organization' means a group of NHOPI with a demonstrated history of addressing NHOPI issues, including a NHOPI coalition. ``(3) Designated organization.--The term `designated organization' means an entity established to represent NHOPI populations and which has statutory responsibilities to provide, or has community support for providing, health care. ``(4) Government representatives.--The term `government representatives' means representatives from Hawai`i, American Samoa, the Commonwealth of the Northern Mariana Islands, the Federated States of Micronesia, Guam, the Republic of Palau, and the Republic of the Marshall Islands. ``(5) Native hawaiians and other pacific islanders or nhopi.--The term `Native Hawaiians and Other Pacific Islanders' or `NHOPI' means people having origins in any of the original peoples of American Samoa, the Commonwealth of the Northern Mariana Islands, the Federated States of Micronesia, Guam, Hawai`i, the Republic of the Marshall Islands, the Republic of Palau, or any other Pacific Island. ``(6) Insular area.--The term `insular area' means Guam, the Commonwealth of Northern Mariana Islands, American Samoa, the United States Virgin Islands, the Federated States of Micronesia, the Republic of Palau, or the Republic of the Marshall Islands. ``(b) National Strategy.-- ``(1) In general.--The Secretary, acting through the Director of the National Center for Health Statistics (referred to in this section as `NCHS') of the Centers for Disease Control and Prevention, and other agencies within the Department of Health and Human Services as the Secretary determines appropriate, shall develop and implement an ongoing and sustainable national strategy for identifying and evaluating the health status and health care needs of NHOPI populations living in the continental United States, Hawai`i, American Samoa, the Commonwealth of the Northern Mariana Islands, the Federated States of Micronesia, Guam, the Republic of Palau, and the Republic of the Marshall Islands. ``(2) Consultation.--In developing and implementing a national strategy, as described in paragraph (1), not later than 180 days after the date of enactment of the Native Hawaiian and Other Pacific Islander Health Data Act of 2009, the Secretary-- ``(A) shall consult with representatives of community groups, designated organizations, and nonprofit, nongovernmental organizations and with government representatives of NHOPI populations; and ``(B) may solicit the participation of representatives from other Federal departments. ``(c) Preliminary Health Survey.-- ``(1) In general.--The Secretary, acting through the Director of NCHS, shall conduct a preliminary health survey in order to identify the major areas and regions in the continental United States, Hawai`i, American Samoa, the Commonwealth of the Northern Mariana Islands, the Federated States of Micronesia, Guam, the Republic of Palau, and the Republic of the Marshall Islands in which NHOPI people reside. ``(2) Contents.--The health survey described in paragraph (1) shall include health data and any other data the Secretary determines to be-- ``(A) useful in determining health status and health care needs; or ``(B) required for developing or implementing a national strategy. ``(3) Methodology.--Methodology for the health survey described in paragraph (1), including plans for designing questions, implementation, sampling, and analysis, shall be developed in consultation with community groups, designated organizations, nonprofit, nongovernmental organizations, and government representatives of NHOPI populations, as determined by the Secretary. ``(4) Timeframe.--The survey required under this subsection shall be completed not later than 18 months after the date of enactment of the Native Hawaiian and Other Pacific Islander Health Data Act of 2009. ``(d) Progress Report.--Not later than 2 years after the date of enactment of the Native Hawaiian and Other Pacific Islander Health Data Act of 2009, the Secretary shall submit to Congress a progress report, which shall include the national strategy described in subsection (b)(1). ``(e) Study and Report by the IOM.-- ``(1) In general.--The Secretary shall enter into an agreement with the Institute of Medicine to conduct a study, with input from stakeholders in insular areas, on the following: ``(A) The standards and definitions of health care applied to health care systems in insular areas and the appropriateness of such standards and definitions. ``(B) The status and performance of health care systems in insular areas, evaluated based upon standards and definitions, as the Secretary determines. ``(C) The effectiveness of donor aid in addressing health care needs and priorities in insular areas. ``(D) The progress toward implementation of recommendations of the Committee on Health Care Services in the United States-Associated Pacific Basin of the Institute of Medicine that are set forth in the 1998 report, `Pacific Partnerships for Health: Charting a New Course for the 21st Century'. ``(2) Report.--An agreement described in paragraph (1) shall require the Institute of Medicine to submit to the Secretary and to Congress, not later than 2 years after the date of the enactment of the Native Hawaiian and Other Pacific Islander Health Data Act of 2009, a report containing a description of the results of the study conducted under paragraph (1), including the conclusions and recommendations of the Institute of Medicine for each of the items described in subparagraphs (A) through (D) of such paragraph. ``(f) Authorization of Appropriations.--To carry out this section, there are authorized to be appropriated such sums as may be necessary for fiscal years 2010 through 2015.''.

Native Hawaiian and Other Pacific Islander Health Data Act of 2009 - Amends the Public Health Service Act to direct the Secretary of Health and Human Services (HHS) to: (1) develop and implement an ongoing and sustainable national strategy for identifying and evaluating the health status and health care needs of NHOPI (Native Hawaiians and Other Pacific Islanders) populations living in the continental United States, Hawaii, American Samoa, the Commonwealth of the Northern Mariana Islands, the Federated States of Micronesia, Guam, the Republic of Palau, and the Republic of the Marshall Islands; and (2) conduct a preliminary health survey to identify the major regions of such areas in which NHOPI people reside, including data the Secretary determines to be useful in determining health status and health care needs or required for developing or implementing the national strategy. Directs the Secretary to enter into an agreement with the Institute of Medicine to conduct a study on: (1) the standards and definitions of health care applied to health care systems in Guam, the Northern Mariana Islands, American Samoa, the U,S. Virgin Islands, Micronesia, Palau, or the Marshall Islands; (2) the status and performance of health care systems in such areas; (3) the effectiveness of donor aid in addressing health care needs and priorities in such areas; and (4) progress toward implementing recommendations of the Institute's Committee on Health Care Services in the United States-Associated Pacific Basin that are set forth in the 1998 report, "Pacific Partnerships for Health; Charting a New Course for the 21st Century."

A bill to amend the Public Health Service Act to provide for health data regarding Native Hawaiians and other Pacific Islanders.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Arctic Deep Water Ports Enhancement Act of 2013''. SEC. 2. FINDINGS. Congress finds the following: (1) There is a pressing national need to prepare for increasing human activity and expanding commerce in the Arctic. Such activity will likely include oil and gas development, fishing, shipping, and tourism. (2) To respond to this increase in activity, there is a need for port facilities in the Arctic that can accommodate deep-draft ships, support search and rescue activities, scientific research, and Arctic oil and gas development, and serve as an Arctic harbor of refuge. (3) The residents of the Arctic region of the United States are under-served in freight transportation, and deep-draft ports in the Arctic will enhance economic opportunities and quality of life for such residents. (4) Arctic communities rely on subsistence hunting for economic and cultural survival, and it is critical to protect the Arctic environment and maintain subsistence resources. (5) Coordinating and expediting the development of deep- draft ports in the Arctic is in the national interest. SEC. 3. DEFINITIONS. In this Act: (1) Arctic deepwater port.--The term ``Arctic deepwater port'' means any port facility located-- (A) in waters north of 60 degrees latitude north and west of 162 degrees longitude west that have a water depth of not less than 30 feet; or (B) in waters north of 63 degrees latitude north that have a water depth of not less than 30 feet. (2) Consumer price index.--The term ``Consumer Price Index'' means the Consumer Price Index for all-urban consumers, United States city average, as published by the Bureau of Labor Statistics, or if such index shall cease to be published, any successor index or reasonable substitute thereof. (3) Coordinator.--The term ``Coordinator'' means the Federal Coordinator for Arctic Deepwater Port Projects appointed under section 7(b)(1). (4) Developer.--The term ``developer'', with respect to an Arctic deepwater port, means any private entity, State, municipal, or borough government, Alaska Native corporation created by section 7 of the Alaska Native Claims Settlement Act (43 U.S.C. 1606), or the western Alaska community development quota program created by section 305(i)(1) of the Magnuson- Stevens Fishery Conservation and Management Act that is seeking to develop an arctic deepwater port. (5) Development.--The term ``development'', with respect to an Arctic deepwater port, means any aspect of the development, construction, or operation of such port. (6) Eligible lender.--The term ``eligible lender'' means any non-Federal qualified institutional buyer (as defined by section 230.144A(a) of title 17, Code of Federal Regulations (or any successor regulation), known as Rule 144A(a) of the Securities and Exchange Commission and issued under the Securities Act of 1933), including-- (A) a qualified retirement plan (as defined in section 4974(c) of the Internal Revenue Code of 1986 (26 U.S.C. 4974(c)) that is a qualified institutional buyer; and (B) a governmental plan (as defined in section 414(d) of the Internal Revenue Code of 1986 (26 U.S.C. 414(d)) that is a qualified institutional buyer. (7) Environmental review.--The term ``environmental review'' means an environmental impact statement, environmental assessment, or other document required for compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). (8) Federal guarantee instrument.--The term ``Federal guarantee instrument'' means any guarantee or other pledge by the Secretary to pledge the full faith and credit of the United States to pay all of the principal and interest on any loan or other debt obligation entered into by a holder of a certificate of public convenience and necessity. (9) Office.--Except as otherwise specifically provided, the term ``Office'' means the Office of the Federal Arctic Deepwater Port Coordinator established under section 7(a). (10) Secretary.--Except as otherwise specifically provided, the term ``Secretary'' means the Secretary of the Army. SEC. 4. ARCTIC DEEPWATER PORT DEVELOPMENT PARTNERSHIPS. The Secretary is authorized to enter into partnership agreements with developers-- (1) to plan, survey, design, construct, maintain, or operate Arctic deepwater ports; (2) to provide technical assistance for the activities described in paragraph (1); and (3) to receive funds for such activities from Federal, non- Federal, and private entities, including developers of an Arctic deepwater ports that have an agreement with the Secretary for such an activity under this section. SEC. 5. ARCTIC PORT INFRASTRUCTURE DEVELOPMENT FUND. (a) Establishment.--There is established in the Treasury of the United States a trust fund to be known as the ``Arctic Port Infrastructure Development Fund'', consisting of such amounts as may be appropriated or credited to such Fund, as provided in this section. (b) Deposits in the Fund.--There may be deposited into the Arctic Port Infrastructure Development Fund-- (1) amounts from Federal, non-Federal, and private entities received by the Secretary under section 4(3); and (2) such amounts as may be appropriated or transferred to the Fund under this section. (c) Expenditures.--Amounts in the Arctic Port Infrastructure Development Fund shall be available to the Secretary-- (1) to administer and carry out Arctic deepwater port development projects; (2) to make refunds related to Arctic deepwater port development projects that will not be completed; and (3) to make loan guarantees as described in subsection (d). (d) Loan Guarantees.-- (1) Authority.-- (A) In general.--The Secretary may enter into agreements with developers to issue Federal guarantee instruments with respect to loans and other debt obligations for Arctic deepwater ports. (B) Expiration of authority.--The authority of the Secretary to issue Federal guarantee instruments under this section for Arctic deepwater ports shall expire on the date that is 30 years from the date of enactment of this Act. (2) Conditions.--The Secretary may issue a Federal guarantee instrument under this section for Arctic deepwater ports only if the loan or other debt obligation guaranteed by the instrument has been issued by an eligible lender. (3) Limitations on amounts.-- (A) Limitation on percentage of total capital costs.--The amount of loans and other debt obligations guaranteed under this section for Arctic deepwater ports shall not exceed 75 percent of the total capital costs of the project, including interest during construction. (B) Maximum amount guaranteed.--The principal amount of loans and other debt obligations guaranteed under this section shall not exceed, in the aggregate, $3,000,000,000, which amount shall be indexed for United States dollar inflation from the date of the enactment of this Act, as measured by the Consumer Price Index. (4) Loan terms and fees.-- (A) In general.--The Secretary may issue Federal guarantee instruments under this section that take into account repayment profiles and grace periods justified by project cash flows and project-specific considerations. (B) Maximum loan term.--The term of any loan guaranteed under this section shall not exceed 30 years. (C) Fees.--An eligible lender may assess and collect from the borrower such other fees and costs associated with the application and origination of the loan or other debt obligation as are reasonable and customary for a project finance transaction in the transportation infrastructure sector. (5) Regulations.--The Secretary may issue regulations to carry out this subsection. (e) Transfers, Availability of Funds.-- (1) Authorization of appropriations.-- (A) Arctic deepwater port development projects.-- There are authorized to be appropriated to the Arctic Port Infrastructure Development Fund such sums as may be necessary to carry out paragraphs (1) and (2) of subsection (c). (B) Loan guarantees.--There are authorized to be appropriated such sums as may be necessary to cover the cost of loan guarantees under this section, as defined by section 502(5) of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a(5)). (2) Transfers.--Amounts appropriated or otherwise made available for any fiscal year for an Arctic deepwater port facility may be transferred, at the option of the recipient of such amounts, to the Arctic Port Infrastructure Development Fund and administered by the Secretary as a component of an Arctic deepwater port development project. (3) Availability of funds.--Amounts appropriated pursuant to an authorization of appropriations in this subsection and other amounts in the Arctic Port Infrastructure Fund shall remain available until expended. SEC. 6. ENVIRONMENTAL REVIEWS FOR ARCTIC DEEPWATER PORTS. (a) Designation of Lead Agency.-- (1) In general.--The Secretary-- (A) shall be the lead for purposes of complying with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) for the development of an Arctic deepwater port, regardless of the agency or department of the United States taking the action that requires compliance with such Act; and (B) shall be responsible for preparing any environmental review related to such action. (2) Consolidation of statements.--In carrying out paragraph (1), with respect to any environmental review for an action related to development of an Arctic deepwater port, the Secretary shall prepare a single document, which shall consolidate the environmental reviews of each agency or department of the United States considering any aspect of such action. (3) Satisfaction of requirements.--An environmental review prepared by the Secretary under paragraph (1) for an action related to development of an Arctic deepwater port shall be adopted by each appropriate agency or department of the United States in satisfaction of the responsibilities of such agency or department under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect to such action. (b) Expedited Process.--The Secretary shall-- (1) not later than 1 year after the date that the Secretary determines that an application for an environmental review related to an Arctic deepwater port is complete, issue a draft version of the environmental review; and (2) not later than 180 days after the date of issuance of such draft version, issue the final version of the environmental review, unless the Secretary for good cause determines that additional time is needed. (c) Cooperation With Other Agencies.-- (1) In general.--Each agency or department of the United States that, if not for subsection (a), would be required to prepare an environmental review for any aspect of the development of an Arctic deepwater port project shall-- (A) cooperate with the Secretary; and (B) comply with deadlines established by subsection (b) for the issuance of the environmental review by the Secretary. SEC. 7. FEDERAL COORDINATOR FOR ARCTIC DEEPWATER PORT PROJECTS. (a) Office of the Federal Arctic Deepwater Port Coordinator.--There is established, as an independent office in the Office of the Assistant Secretary of the Army for Civil Works of the Department of the Army, the Office of the Federal Arctic Deepwater Port Coordinator. (b) Coordinator for Arctic Deepwater Port Projects.-- (1) Appointment.--The Office shall be headed by a Federal Coordinator for Arctic Deepwater Port Projects, who shall be appointed by the President, by and with the advice and consent of the Senate. (2) Compensation.--The Coordinator shall be compensated at the rate prescribed for level III of the Executive Schedule set out in section 5314 of title 5, United States Code. (3) Duties.--The Coordinator shall be responsible for-- (A) coordinating the expeditious discharge of all activities of the agencies and departments of the United States for the preparation of environmental reviews related to the development of an Arctic deepwater port; (B) ensuring the compliance of such agencies or departments with the provisions of this Act; (C) assessing potential partnerships described in section 4 and advising the Secretary on such partnerships; and (D) assessing applications for loan guarantees under section 5(d) and advising the Secretary on such terms as may be advisable to issue such guarantees. (c) Prohibition of Certain Terms and Conditions.--No agency or department of the United States may include in any certificate, right- of-way, permit, lease, or other authorization issued for an Arctic deepwater port any term or condition that may be permitted, but is not required by, any applicable law if the Coordinator determines that such term or condition would prevent or impair in any significant respect the expeditious construction and operation, or an expansion, of an Arctic deepwater port. (d) Prohibition of Certain Actions.--Unless required by law, no agency or department of the United States shall add to, amend, or abrogate any certificate, right-of-way, permit, lease, or other authorization issued to an Arctic deepwater port if the Coordinator determines that the action would prevent or impair in any significant respect the expeditious construction and operation, or an expansion, of an Arctic deepwater port. SEC. 8. ASSISTANCE TO DEVELOPERS OF ARCTIC DEEPWATER PORTS. (a) Infrastructure Finance Funding.--Notwithstanding any limitation of chapter 6 of title 23, United States Code, a developer of an Arctic deepwater port shall be eligible for assistance from the funds made available pursuant to such chapter for the development of such port. (b) Role of the Coast Guard.-- (1) In general.--The Commandant of the Coast Guard is authorized-- (A) to enter into long-term lease for moorage, warehousing, hangar space, and logistical support with a developer of an Arctic deep water port; and (B) to convey any property deemed surplus to the Coast Guard's needs in Alaska to any Alaskan borough, municipality or native corporation seeking to develop an Arctic deepwater port. SEC. 9. DEEPWATER PORT ACT OF 1974 AMENDMENT. Section 3(9)(A) of the Deepwater Port Act of 1974 (33 U.S.C. 1502(9)(A)) is amended by striking ``uses'' and inserting ``uses, including general handling of cargo, ship service or repair, logistical support for government and private sector activities at sea, or service as a harbor of refuge,''. SEC. 10. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated $3,000,000 for each fiscal year to carry out this Act.

Arctic Deep Water Ports Enhancement Act of 2013 - Authorizes the Secretary of the Army to enter into partnership agreements with certain developers to: (1) plan, survey, design, construct, maintain, or operate Arctic deepwater ports; (2) provide technical assistance for such activities; and (3) receive funds from federal, nonfederal, and private entities, including developers of Arctic deepwater ports that have an agreement with the Secretary for such activity. Defines "Arctic deepwater port" as any port facility, in a water depth of at least 30 feet, located in waters: (1) north of 60 degrees latitude north and west of 162 degrees longitude west, or (2) north of 63 degrees latitude north. Defines "developer" as any private entity, state, municipal, or borough government, Alaska Native corporation created by the Alaska Native Claims Settlement Act, or the western Alaska community development quota program created by the Magnuson-Stevens Fishery Conservation and Management Act that is seeking to develop an Arctic deepwater port. Establishes the Arctic Port Infrastructure Development Fund within the U.S. Treasury. Permits the Secretary, within a 30-year period and subject to specified limitations, to issue federal guarantee instruments with respect to loans and other debt obligations for such ports. Requires the loan or debt obligation guaranteed by such instruments to be issued by an eligible nonfederal qualified institutional buyer. Designates the Secretary as the lead for purposes of complying with the National Environmental Policy Act of 1969 for the development of an Arctic deepwater port, regardless of the U.S. agency taking the action that requires compliance with such Act. Establishes the Office of the Federal Arctic Deepwater Port Coordinator as an independent office in the Office of the Assistant Secretary of the Army for Civil Works of the Department of the Army. Makes infrastructure finance funding available to assist developers of Arctic deepwater ports. Authorizes the Commandant of the Coast Guard to: (1) enter into long-term leases for moorage, warehousing, hangar space, and logistical support with Arctic deep water port developers; and (2) convey any property deemed surplus to the Coast Guard's needs in Alaska to any Alaskan borough, municipality, or native corporation seeking to develop such ports. Expands the definition of "deepwater port" under the Deepwater Port Act of 1974 to include the use of such structures for general handling of cargo, ship service or repair, logistical support for government and private sector activities at sea, or service as a harbor of refuge.

Arctic Deep Water Ports Enhancement Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Employee Benefits Protection Act of 2003''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress makes the following findings: (1) The intent of the Employee Retirement Income Security Act of 1974 to protect the pension and welfare benefits of workers is frustrated by the practice of mislabeling or relabeling employees to improperly exclude them from employee benefit plans. Employees are wrongly denied benefits when they are misclassified or reclassified as temporary employees, part- time employees, leased employees, agency employees, staffing firm employees, and independent contractors. If their true employment status were recognized, these misclassified and reclassified employees would be eligible to participate in employee pension and welfare benefit plans because such plans are offered to other employees performing the same or substantially the same work and working for the same employer. (2) Mislabeled employees are often paid through staffing, temporary, employee leasing, or other similar firms to give the appearance that the employees do not work for their employer. Employment contracts and reports to government agencies also are used to give the erroneous impression that mislabeled employees work for staffing, temporary, employee leasing, or other similar firms, when the facts of the work arrangement do not meet the common law standard for determining the employment relationship. Employees are also mislabeled as contractors and paid from non-payroll accounts to give the appearance that they are not employees of their employer. These practices violate the Employee Retirement Income Security Act of 1974. (3) Employers are amending their employee benefit plans to add provisions that exclude mislabeled employees from participation in the plan even in the event that such employees are determined to be common law employees and otherwise eligible to participate in the plan. These plan provisions violate the Employee Retirement Income Security Act of 1974. (4) As a condition of employment or continued service, employees are often required to sign documents that purport to waive their right to participate in employee benefit plans. Such documents inaccurately claim to limit the authority of the courts and applicable Federal agencies to correct the mislabeling and relabeling of employees and to enforce the terms of plans providing for their participation. This practice violates the Employee Retirement Income Security Act of 1974. (5) As a condition of continued employment or service, employees are often required to sign documents that purport to waive their right to bring a lawsuit under the Employee Retirement Income Security Act of 1974. Such documents inaccurately claim to limit the ability of the courts and applicable Federal agencies to obtain any payments or benefits in the event that the waiver is found not to be knowing and voluntary. This practice violates the Employee Retirement Income Security Act of 1974. (b) Purpose.--The purpose of this Act is to clarify applicable provisions of the Employee Retirement Income Security Act of 1974 to ensure that employees are not improperly excluded from participation in employee benefit plans as a result of mislabeling or reclassifying their employment status. SEC. 3. ADDITIONAL STANDARDS RELATING TO MINIMUM PARTICIPATION REQUIREMENTS. (a) Required Inclusion of Service.--Section 202(a)(3) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1052(a)(3)) is amended by adding at the end the following new subparagraph: ``(E) For purposes of this section, in determining years of service and hours of service-- ``(i) service shall include all service for the employer as an employee under the common law, irrespective of whether the individual-- ``(I) is paid through a staffing firm, temporary help firm, payroll agency, employment agency, or other such similar arrangement, ``(II) is paid directly by the employer under an arrangement purporting to characterize an employee under the common law as other than an employee, or ``(III) is paid from an account not designated as a payroll account, and ``(ii) in any case in which an employer, plan sponsor, or fiduciary (including any administrator, officer, trustee, or custodian) changes the job classification of any person from employee to leased employee, agency employee, staffing firm employee, independent contractor, or any similar category, in determining years of service and hours of service, service shall include all service for the employer that the person performs subsequent to such reclassification.''. (b) Exclusion Precluded When Related to Certain Purported Categorizations.--Section 202 of such Act (29 U.S.C. 1052) is amended further by adding at the end the following new subsection: ``(c)(1) Subject to paragraph (2), a pension plan shall be treated as failing to meet the requirements of this section if the plan excludes from participation any person who performs the same work (or substantially the same work) for the employer as other employees who generally are not excluded from participation in the plan, irrespective of the placement of such person in any category of workers (such as temporary employees, part-time employees, leased employees, agency employees, staffing firm employees, independent contractors, or any similar category) which may be specified under the plan as ineligible for participation. ``(2) Nothing in paragraph (1) shall be construed to preclude the exclusion from participation in a pension plan of individuals who in fact do not meet a minimum service period or minimum age which is required under the terms of the plan and which is otherwise in conformity with the requirements of this section.''. SEC. 4. OBJECTIVE ELIGIBILITY CRITERIA IN PLAN INSTRUMENTS. Section 402 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1102) is amended by adding at the end the following new subsection: ``(d)(1) The written instrument pursuant to which an employee benefit plan is maintained shall set forth eligibility criteria which-- ``(A) include and exclude employees on a uniform basis; ``(B) are based on reasonable job classifications other than the mere labeling of a job position as something other than an employee; and ``(C) are based on objective criteria stated in the instrument itself for the inclusion or exclusion (other than the mere listing of an employee as included or excluded). ``(2) No employee benefit plan may permit an employer or plan sponsor to exclude any person from participation irrespective of the placement of such employee in any category of workers (such as temporary employees, leased employees, agency employees, staffing firm employees, contractors, or any similar category), if the employee-- ``(A) is an employee of the employer under the common law; ``(B) performs the same work (or substantially the same work) for the employer as other employees who generally are not excluded from participation in the plan; and ``(C) meets a minimum service period or minimum age which is required under the terms of the plan. ``(3) In any case in which the employer of an individual who is a participant in an employee benefit plan, the plan sponsor of such plan, or a fiduciary of such plan requires such individual to convert to the status of a temporary employee, leased employee, agency employee, staffing firm employee, contractor, or any similar category as a condition of continuing in the service of the employer, such individual shall not cease to be treated under such plan or this title as a participant in such plan by reason of such conversion.''. SEC. 5. ENFORCEMENT. Section 502 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1132) is amended-- (1) in paragraphs (3)(B) and (5)(B) of subsection (a), by striking ``other appropriate equitable relief'' and inserting ``other appropriate relief, including such additional relief as a court of equity might have awarded in a case involving the enforcement or administration of a trust, other equitable relief, compensatory relief, or remedial relief''; (2) in subsection (a)(3)(B), by striking ``or'' at the end of clause (i) and inserting a comma, by striking the semicolon at the end of clause (ii) and inserting ``, or'', and by adding at the end the following: ``(iii) to provide restitution and other appropriate relief to employees who have been excluded from participation or have been misclassified or reclassified in violation of section 202 or 402''; (3) by striking ``or'' at the end of subsection (a)(8), by striking the period at the end of subsection (a)(9) and inserting ``; or'', and by adding at the end the following new paragraph: ``(10) by a participant or beneficiary to obtain a judicial declaration concerning whether a waiver of rights arising under this title or a plan, including a waiver of participation in a plan, was knowing and voluntary under the totality of the circumstances.''; (4) in subsection (g)(1), by inserting ``, reasonable expert fees,'' before ``and costs'' and by inserting before the period at the end the following: ``, except that the court shall award such fees and costs to a prevailing party in the case of an action brought to enforce section 510, unless the court determines that it would be unjust to do so under the circumstances''; and (5) by adding at the end of section 502 the following new subsection: ``(n) In an action under this section, if the court finds that any participant or beneficiary has been discharged, fined, suspended, expelled, disciplined, or discriminated against in violation of section 510, relief under this section may include enjoining such unlawful conduct and ordering such affirmative action as may be appropriate. Such action may include, but is not limited to, reinstatement or hiring and an award of back pay and lost benefits.''. SEC. 6. WAIVERS. Section 502 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1132) (as amended by section 5) is amended further by adding at the end the following new subsection: ``(o)(1) The rights under this title (including the right to maintain a civil action) may not be waived, deferred, or lost pursuant to any agreement not authorized under this title with specific reference to this paragraph. ``(2)(A) Subject to subparagraph (B), paragraph (1) shall not apply to an agreement providing for arbitration or participation in any other non-judicial procedure to resolve a dispute if the agreement is entered into knowingly and voluntarily by the parties involved after the dispute has arisen or is pursuant to the terms of a collective bargaining agreement. ``(B)(i) No waiver under subparagraph (A) of participation in an employee benefit plan may be considered knowing and voluntary if related, in whole or in part, to the misclassification or reclassification of an individual in one or more categories ineligible for participation in the plan. ``(ii) The party asserting the validity of a waiver under subparagraph (A) shall have the burden of proving that the waiver was knowing and voluntary. ``(iii) A waiver under subparagraph (A) shall not impose any limitation, including any condition precedent or penalty, adversely affecting the right of an individual to challenge the waiver by bringing a civil action in a court of competent jurisdiction. Any provision requiring an individual to tender back consideration received and any provision allowing employers, plan sponsors, and fiduciaries (including administrators, officers, trustees, and custodians) to recover attorney's fees or damages because of the filing of a civil action shall be treated as limitations referred to in the preceding sentence. Nothing in this clause shall be construed as precluding recovery of a reasonable attorney's fee or costs of action that may be authorized under subsection (g)(1). ``(iv) No individual who brings a civil action shall be required to tender back any consideration given in exchange for a waiver under subparagraph (A) before bringing such civil action. The retention of any consideration received in exchange for any waiver shall not constitute ratification of a waiver under subparagraph (A) or foreclose a challenge thereto. ``(v) No waiver otherwise permitted under subparagraph (A) may affect the Secretary's rights and responsibilities to enforce this title. No waiver may be used to justify interfering with the protected right of any person to participate in an investigation or proceeding conducted by the Secretary.''. SEC. 7. GENERAL PROVISIONS. (a) In General.--Except as otherwise provided in this Act, the amendments made by this Act shall apply with respect to plan years beginning on or after January 1, 2004. (b) Special Rule For Collectively Bargained Plans.--In the case of a plan maintained pursuant to one or more collective bargaining agreements between employee representatives and one or more employers ratified on or before the date of the enactment of this Act, subsection (a) shall be applied to benefits pursuant to, and individuals covered by, any such agreement by substituting for ``January 1, 2004'' the date of the commencement of the first plan year beginning on or after the earlier of-- (1) the later of-- (A) January 1, 2005; or (B) the date on which the last of such collective bargaining agreements terminates (determined without regard to any extension thereof after the date of the enactment of this Act); or (2) January 1, 2006. (c) Plan Amendments.--If any amendment made by this Act requires an amendment to any plan, such plan amendment shall not be required to be made before the first plan year beginning on or after January 1, 2005, if-- (1) during the period after such amendment made by this Act takes effect and before such first plan year, the plan is operated in good faith compliance with the requirements of such amendment made by this Act; and (2) such plan amendment applies retroactively to the period after such amendment made by this Act takes effect and before such first plan year.

Employee Benefits Protection Act of 2003 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to prohibit employers from disqualifying employees from benefits under their pension and welfare plans by misclassifying or reclassifying employee status.

To amend the Employee Retirement Income Security Act of 1974 to ensure that employees are not improperly disqualified from benefits under pension plans and welfare plans based on the misclassification or reclassification of their status.

SECTION 1. DEFINITIONS. For the purpose of this Act-- (1) ``enrollee'' means an individual enrolled in a health benefits plan; and (2) ``health benefits plan'', ``employee'', ``annuitant'', ``carrier'', and ``family member'' each has the meaning given that term under chapter 89 of title 5, United States Code. SEC. 2. PURPOSE OF THE DEMONSTRATION PROJECT. The Office of Personnel Management shall, during calendar years 1994 and 1995, conduct a demonstration project to provide a basis for determining the feasibility and desirability of including certain benefits relating to the treatment of drug abuse and alcohol abuse among the types of benefits generally provided for under chapter 89 of title 5, United States Code (relating to health insurance for Federal employees). SEC. 3. SCOPE OF THE PROJECT. (a) Plans and Enrollees.--The demonstration project-- (1) shall involve-- (A) the service benefit plan under section 8903(1) of title 5, United States Code; (B) the indemnity benefit plan under section 8903(2) of title 5, United States Code (if any); (C) the 2 employee organization plans under section 8903(3) of title 5, United States Code, with the largest number of enrollments, as determined by the Office of Personnel Management; and (D) 1 or more of the comprehensive medical plans operated by the carrier operating the 2 comprehensive medical plans under section 8903(4) of title 5, United States Code, with the largest number of enrollments, as determined by the Office; and (2) shall cover a sufficient number of enrollees and family members to provide an adequate basis on which to make any determination referred to in section 2. (b) Areas to be Covered.--The demonstration project shall-- (1) to the extent that it involves the plans under subparagraphs (A) through (C) of subsection (a)(1), be conducted within at least 1, and not more than 4, standard metropolitan statistical areas, as determined by the Office; and (2) to the extent that it involves the carrier referred to in subparagraph (D) of subsection (a)(1), be conducted within the standard metropolitan statistical area that includes Portland, Oregon. A standard metropolitan statistical area may not be selected for inclusion under paragraph (1) unless such area is one within which not less than 10,000, and not more than 25,000, employees and annuitants reside. SEC. 4. BENEFITS. Under the demonstration project, any contract under chapter 89 of title 5, United States Code, between the Office of Personnel Management and the carrier offering a plan described in section 3(a)(1)-- (1) shall, to the extent that such contract relates to individuals covered by the demonstration project, include benefits relating to-- (A) inpatient detoxification; (B) patient assessment; (C) outpatient therapy, including, wherever appropriate, worksite-based evening and weekend treatment programs, individual therapy, and group therapy; (D) inpatient therapy; (E) follow-up patient counselling; and (F) counselling for family members of the individual having the abuse problem; and (2) may, to the extent that such contract relates to individuals covered by the demonstration project, include benefits for related support services, including child care or other dependent care. SEC. 5. CONSULTATION. The Office of Personnel Management shall consult with appropriate representatives of carriers, labor organizations representing Government employees, and agency heads with regard to-- (1) the determinations required under section 3(b)(1); (2) any maximums, limitations, exclusions, or other terms or conditions relating to the benefits described in section 4; and (3) any other matter relating to the design, conduct, or evaluation of the demonstration project which the Office considers appropriate. SEC. 6. COORDINATION WITH OTHER GOVERNMENT PROGRAMS. The Office of Personnel Management shall coordinate the demonstration project with any activities carried out under-- (1) section 7904 of title 5, United States Code, relating to employee assistance programs offered by Executive agencies with respect to drug abuse and alcohol abuse; (2) subchapter VI of chapter 73 of title 5, United States Code, relating to programs and services for drug abuse and alcohol abuse; (3) section 6003 of the Anti-Drug Abuse Act of 1986 (5 U.S.C. 7361 note), relating to an educational program for Federal employees with respect to drug abuse and alcohol abuse; and (4) other related programs. SEC. 7. EVALUATION AND REPORTING REQUIREMENTS. (a) Periodic Evaluations.--The Office of Personnel Management shall by contract provide for the periodic evaluation of the demonstration project with respect to-- (1) cost and efficacy; (2) effects on employee productivity; and (3) the feasibility and desirability of offering the benefits provided under the demonstration project on a general basis under chapter 89 of title 5, United States Code. The authority to enter into a contract under this subsection may be exercised only to such extent or in such amounts as are provided in appropriation Acts. (b) Reporting Requirements.--(1) The Office shall-- (A) not later than March 15, 1996, submit an interim report to the Committee on Post Office and Civil Service of the House of Representatives and the Committee on Governmental Affairs of the Senate on the demonstration project; and (B) not later than April 1, 1997, submit to each of the committees referred to in subparagraph (A) a final report on the project. (2) Each report submitted under paragraph (1) shall include a copy of the most recent evaluation received by the Office under subsection (a). SEC. 8. FUNDING. (a) Individual and Government Contributions.--Notwithstanding any other provision of law, individual contributions and Government contributions under section 8906 of title 5, United States Code, shall be determined as if the preceding provisions of this Act had not been enacted. (b) Authorization of Appropriations.--There is authorized to be appropriated such sums as may be necessary to carry out this Act (including any additional administrative costs).

Directs the Office of Personnel Management to conduct a demonstration project on the feasibility and desirability of including benefits relating to drug and alcohol abuse treatment among the benefits provided under Federal employee health benefit plans. Requires that certain numbers of standard metropolitan statistical areas meeting stated criteria be covered, including the area containing Portland, Oregon. Authorizes appropriations.

To provide for a demonstration project relating to treatment for drug abuse and alcohol abuse under the health benefits program for Federal employees.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Child Support Enforcement Effectiveness Act of 2013''. SEC. 2. COMMISSION ON CHILD SUPPORT. (a) Establishment.--There is hereby established a Commission to be known as the Commission on Child Support (referred to in this section as the ``Commission''). (b) Membership.-- (1) Appointment.--The Commission shall be composed of 15 members, to be appointed not later than 30 days after the date of enactment of this Act, as follows: (A) The majority and minority leaders of the Senate, in consultation with the chairman and ranking member of the Committee on Finance of the Senate, shall jointly appoint 4 members. (B) The Speaker and the minority leader of the House, in consultation with the chairman and ranking member of the Committee on Ways and Means of the House of Representatives, shall jointly appoint 4 members. (C) The Secretary of Health and Human Services shall appoint 7 members. (2) Qualifications.--The membership of the Commission shall consist of individuals who are knowledgeable on issues regarding child support and related activities and shall include, among others, individuals representing the interests of parents, including noncustodial parents. (3) Period of appointment; quorum.--The provisions under paragraphs (2) and (3) of section 126 of the Family Support Act of 1988 (42 U.S.C. 666 note) providing for appointment of members and quorum for transaction of business shall apply to the Commission to the same extent and in the same manner as those provisions applied to the Commission on Interstate Child Support. (4) Meetings.-- (A) Initial meeting.--Following appointment of all of the members of the Commission, the first meeting of the Commission shall be held on the first date for which all members are available (as is determined by the Secretary of Health and Human Services). (B) Chairman.--During the first meeting of the Commission, the Commission shall elect a chairman from among its members. (C) Other meetings.--Following the first meeting of the Commission, any subsequent meetings shall be at the call of the chairman or by a majority vote of the membership. (D) Open to the public.--All meetings of the Commission shall be open to the public and any interested persons shall be permitted to appear at open meetings and present oral or written statements on the subject matter of the meeting, subject to such requirements and limitations as are determined appropriate by the chairman. All meetings of the Commission shall be preceded by timely public notice in the Federal Register of the time, place, and subject of the meeting. (5) Compensation.--Members of the Commission are not entitled to receive compensation for service on the Commission. Members may be reimbursed for travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5, United States Code. (c) Duties.-- (1) Review of child support enforcement programs.--The Commission shall conduct an evaluation of the effectiveness of existing child support enforcement programs and collection practices employed by State agencies administering programs under part D of title IV of the Social Security Act (42 U.S.C. 651 et seq.), including a review of any unintended consequences or performance issues associated with such programs and practices. (2) National conferences.--During fiscal years 2014 and 2015, the Commission shall hold 1 or more national conferences on child support reform for purposes of preparing the report described in paragraph (3). (3) Report to congress.--Not later than October 1, 2015, the Commission shall prepare and submit a report to Congress that contains recommendations for such legislative and administrative actions as the Commission determines appropriate for improvement in child support enforcement, including the following: (A) Methods to enhance the effectiveness of child support enforcement programs and collection practices, as determined pursuant to the Commission's review of such programs and practices under paragraph (1). (B) Implementation of distribution policies that ensure children are the beneficiaries of child support paid by noncustodial parents. (C) Fostering engagement by noncustodial parents in their children's lives by consideration of parental time and visitation with children in determining child support, and the role for alternative dispute resolution in making such determination. (D) Development of best practices for purposes of connecting custodial parents to services and support programs, including services for parents who are victims of domestic violence. (E) Development of best practices for purposes of employment support, job training, and job placement for custodial and noncustodial parents. (F) Establishment of services, supports, and child support payment tracking for noncustodial parents, including options for prevention and intervention on uncollectible arrearages such as retroactive obligations and Medicaid birthing costs. (G) Development of options for States to collect child support payments from individuals who owe arrearages in excess of $2,500. (d) Powers.--The provisions under section 126(e) of the Family Support Act of 1988 providing for use of mails, donations, procurement and contracting authority, and establishment of rules shall apply to the Commission to the same extent and in the same manner as those provisions applied to the Commission on Interstate Child Support. (e) Termination.--The Commission shall terminate 60 days after submission of the report described in subsection (c)(3). (f) Funding.-- (1) Authorization of appropriations.--For purposes of carrying out this section, there is authorized to be appropriated $2,000,000 for the period of fiscal years 2014 through 2015. (2) Unobligated amounts.--Any amounts made available under this section that are unobligated on the date of the termination of the Commission under subsection (e) shall be returned to the Treasury of the United States. SEC. 3. REINSTATEMENT OF FEDERAL MATCHING OF STATE SPENDING OF CHILD SUPPORT INCENTIVE PAYMENTS. Effective as if enacted on October 1, 2013, section 455(a)(1) of the Social Security Act (42 U.S.C. 655(a)(1)) is amended by striking ``from amounts paid to the State under section 458 or''.

Child Support Enforcement Effectiveness Act of 2013 - Establishes the Commission on Child Support to evaluate the effectiveness of existing child support enforcement programs and collection practices employed by state agencies administering programs under part D (Child Support and Establishment of Paternity) of title IV of the Social Security Act (SSA). Amends part D of SSA title IV to repeal the exclusion from federal matching payments of any amounts expended by a state from child support incentive payments it has received from the Secretary of Health and Human Services (HHS). (Thus reinstates federal matching of state spending of child support incentive payments.)

Child Support Enforcement Effectiveness Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting Our Students and Taxpayers Act of 2013'' or ``POST Act of 2013''. SEC. 2. 85/15 RULE. (a) In General.--Section 102(b) of the Higher Education Act of 1965 (20 U.S.C. 1002(b)) is amended-- (1) in paragraph (1)-- (A) in subparagraph (D), by striking ``and'' after the semicolon; (B) in subparagraph (E), by striking the period and inserting ``; and''; and (C) by adding at the end the following: ``(F) meets the requirements of paragraph (2).''; (2) by redesignating paragraph (2) as paragraph (3); and (3) by inserting after paragraph (1) the following: ``(2) Revenue sources.-- ``(A) In general.--In order to qualify as a proprietary institution of higher education under this subsection, an institution shall derive not less than 15 percent of the institution's revenues from sources other than Federal funds, as calculated in accordance with subparagraphs (B) and (C). ``(B) Federal funds.--In this paragraph, the term `Federal funds' means any Federal financial assistance provided, under this Act or any other Federal law, through a grant, contract, subsidy, loan, guarantee, insurance, or other means to a proprietary institution, including Federal financial assistance that is disbursed or delivered to an institution or on behalf of a student or to a student to be used to attend the institution, except that such term shall not include any monthly housing stipend provided under the Post-9/ 11 Veterans Educational Assistance Program under chapter 33 of title 38, United States Code. ``(C) Implementation of non-federal revenue requirement.--In making calculations under subparagraph (A), an institution of higher education shall-- ``(i) use the cash basis of accounting; ``(ii) consider as revenue only those funds generated by the institution from-- ``(I) tuition, fees, and other institutional charges for students enrolled in programs eligible for assistance under title IV; ``(II) activities conducted by the institution that are necessary for the education and training of the institution's students, if such activities are-- ``(aa) conducted on campus or at a facility under the control of the institution; ``(bb) performed under the supervision of a member of the institution's faculty; and ``(cc) required to be performed by all students in a specific educational program at the institution; and ``(III) a contractual arrangement with a Federal agency for the purpose of providing job training to low-income individuals who are in need of such training; ``(iii) presume that any Federal funds that are disbursed or delivered to an institution on behalf of a student or directly to a student will be used to pay the student's tuition, fees, or other institutional charges, regardless of whether the institution credits such funds to the student's account or pays such funds directly to the student, except to the extent that the student's tuition, fees, or other institutional charges are satisfied by-- ``(I) grant funds provided by an outside source that-- ``(aa) has no affiliation with the institution; and ``(bb) shares no employees with the institution; and ``(II) institutional scholarships described in clause (v); ``(iv) include no loans made by an institution of higher education as revenue to the school, except for payments made by students on such loans; ``(v) include a scholarship provided by the institution-- ``(I) only if the scholarship is in the form of monetary aid based upon the academic achievements or financial need of students, disbursed to qualified student recipients during each fiscal year from an established restricted account; and ``(II) only to the extent that funds in that account represent designated funds, or income earned on such funds, from an outside source that-- ``(aa) has no affiliation with the institution; and ``(bb) shares no employees with the institution; and ``(vi) exclude from revenues-- ``(I) the amount of funds the institution received under part C of title IV, unless the institution used those funds to pay a student's institutional charges; ``(II) the amount of funds the institution received under subpart 4 of part A of title IV; ``(III) the amount of funds provided by the institution as matching funds for any Federal program; ``(IV) the amount of Federal funds provided to the institution to pay institutional charges for a student that were refunded or returned; and ``(V) the amount charged for books, supplies, and equipment, unless the institution includes that amount as tuition, fees, or other institutional charges. ``(D) Report to congress.--Not later than July 1, 2014, and by July 1 of each succeeding year, the Secretary shall submit to the authorizing committees a report that contains, for each proprietary institution of higher education that receives assistance under title IV and as provided in the audited financial statements submitted to the Secretary by each institution pursuant to the requirements of section 487(c)-- ``(i) the amount and percentage of such institution's revenues received from Federal funds; and ``(ii) the amount and percentage of such institution's revenues received from other sources.''. (b) Repeal of Existing Requirements.--Section 487 of the Higher Education Act of 1965 (20 U.S.C. 1094) is amended-- (1) in subsection (a)-- (A) by striking paragraph (24); (B) by redesignating paragraphs (25) through (29) as paragraphs (24) through (28), respectively; (C) in paragraph (24)(A)(ii) (as redesignated by subparagraph (B)), by striking ``subsection (e)'' and inserting ``subsection (d)''; and (D) in paragraph (26) (as redesignated by subparagraph (B)), by striking ``subsection (h)'' and inserting ``subsection (g)''; (2) by striking subsection (d); (3) by redesignating subsections (e) through (j) as subsections (d) through (i), respectively; (4) in subsection (f)(1) (as redesignated by paragraph (3)), by striking ``subsection (e)(2)'' and inserting ``subsection (d)(2)''; and (5) in subsection (g)(1) (as redesignated by paragraph (3)), by striking ``subsection (a)(27)'' in the matter preceding subparagraph (A) and inserting ``subsection (a)(26)''. (c) Conforming Amendments.--The Higher Education Act of 1965 (20 U.S.C. 1001 et seq.) is amended-- (1) in section 152 (20 U.S.C. 1019a)-- (A) in subsection (a)(1)(A), by striking ``subsections (a)(27) and (h) of section 487'' and inserting ``subsections (a)(26) and (g) of section 487''; and (B) in subsection (b)(1)(B)(i)(I), by striking ``section 487(e)'' and inserting ``section 487(d)''; (2) in section 153(c)(3) (20 U.S.C. 1019b(c)(3)), by striking ``section 487(a)(25)'' each place the term appears and inserting ``section 487(a)(24)''; (3) in section 496(c)(3)(A) (20 U.S.C. 1099b(c)(3)(A)), by striking ``section 487(f)'' and inserting ``section 487(e)''; and (4) in section 498(k)(1) (20 U.S.C. 1099c(k)(1)), by striking ``section 487(f)'' and inserting ``section 487(e)''.

Protecting Our Students and Taxpayers Act of 2013 or the POST Act of 2013 - Amends title IV (Student Assistance) of the Higher Education Act of 1965 to require proprietary institutions of higher education to derive at least 15% of their revenue from sources other than federal funds or become ineligible for title IV funding. (Currently, the 90/10 rule requires these schools to derive at least 10% of their revenue from sources other than title IV or become ineligible for title IV funding.) Defines "federal funds" as federal financial assistance provided through a grant, contract, subsidy, loan, guarantee, insurance, or other means to a proprietary institution, including federal financial assistance that is provided to an institution on behalf of a student or to a student to attend the institution. Excludes monthly housing stipends provided under the Post-9/11 Veterans Educational Assistance program from consideration as federal funds. Limits what a proprietary institution may treat as revenue to the school in calculating whether it derives at least 15% of its revenue from non-federal funds.

POST Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``A First Step to Long-Term Care Act of 2002''. SEC. 2. MAKING MEDICAID ESTATE RECOVERY OPTIONAL. (a) In General.--Section 1917(b)(1) of the Social Security Act (42 U.S.C. 1396p(b)(1)) is amended by striking ``shall seek'' each place it appears and inserting ``may seek''. (b) Effective Date.--The amendments made by subsection (a) shall take effect on the date of enactment of this Act. A State (as defined for purposes of title XIX of the Social Security Act) may apply such amendments to estates and sales occurring at such earlier date as the State may specify. SEC. 3. COVERAGE OF SUBSTITUTE ADULT DAY CARE SERVICES UNDER THE MEDICARE PROGRAM. (a) Substitute Adult Day Care Services Benefit.-- (1) In general.--Section 1861(m) of the Social Security Act (42 U.S.C. 1395x(m)) is amended-- (A) in the matter preceding paragraph (1), by inserting ``or (8)'' after ``paragraph (7)''; (B) in paragraph (6), by striking ``and'' at the end; (C) in paragraph (7), by adding ``and'' at the end; and (D) by inserting after paragraph (7), the following new paragraph: ``(8) substitute adult day care services (as defined in subsection (ww));''. (2) Substitute adult day care services defined.--Section 1861 of the Social Security Act (42 U.S.C. 1395x) is amended by adding at the end the following new subsection: ``Substitute Adult Day Care Services; Adult Day Care Facility ``(ww)(1)(A) The term `substitute adult day care services' means the items and services described in subparagraph (B) that are furnished to an individual by an adult day care facility as a part of a plan under subsection (m) that substitutes such services for a portion of the items and services described in subparagraph (B)(i) furnished by a home health agency under the plan, as determined by the physician establishing the plan. ``(B) The items and services described in this subparagraph are the following items and services: ``(i) Items and services described in paragraphs (1) through (7) of subsection (m). ``(ii) Meals. ``(iii) A program of supervised activities designed to promote physical and mental health and furnished to the individual by the adult day care facility in a group setting for a period of not fewer than 4 and not greater than 12 hours per day. ``(iv) A medication management program (as defined in subparagraph (C)). ``(C) For purposes of subparagraph (B)(iv), the term `medication management program' means a program of services, including medicine screening and patient and health care provider education programs, that provides services to minimize-- ``(i) unnecessary or inappropriate use of prescription drugs; and ``(ii) adverse events due to unintended prescription drug- to-drug interactions. ``(2)(A) Except as provided in subparagraphs (B) and (C), the term `adult day care facility' means a public agency or private organization, or a subdivision of such an agency or organization, that-- ``(i) is engaged in providing skilled nursing services and other therapeutic services directly or under arrangement with a home health agency; ``(ii) meets such standards established by the Secretary to ensure quality of care and such other requirements as the Secretary finds necessary in the interest of the health and safety of individuals who are furnished services in the facility; ``(iii) provides the items and services described in paragraph (1)(B); and ``(iv) meets the requirements of paragraphs (2) through (8) of subsection (o). ``(B) Notwithstanding subparagraph (A), the term `adult day care facility' shall include a home health agency in which the items and services described in clauses (ii) through (iv) of paragraph (1)(B) are provided-- ``(i) by an adult day-care program that is licensed or certified by a State, or accredited, to furnish such items and services in the State; and ``(ii) under arrangements with that program made by such agency. ``(C) The Secretary may waive the requirement of a surety bond under paragraph (7) of subsection (o) in the case of an agency or organization that provides a comparable surety bond under State law. ``(D) For purposes of payment for home health services consisting of substitute adult day care services furnished under this title, any reference to a home health agency is deemed to be a reference to an adult day care facility.''. (b) Payment for Substitute Adult Day Care Services.--Section 1895 of the Social Security Act (42 U.S.C. 1395fff) is amended by adding at the end the following new subsection: ``(f) Payment Rate for Substitute Adult Day Care Services.--In the case of home health services consisting of substitute adult day care services (as defined in section 1861(ww)), the following rules apply: ``(1) The Secretary shall estimate the amount that would otherwise be payable under this section for all home health services under that plan of care other than substitute adult day care services for a period specified by the Secretary. ``(2) The total amount payable for home health services consisting of substitute adult day care services under such plan may not exceed 95 percent of the amount estimated to be payable under paragraph (1) furnished under the plan by a home health agency.''. (c) Adjustment in Case of Overutilization of Substitute Adult Day Care Services.-- (1) Monitoring expenditures.--Beginning with fiscal year 2004, the Secretary of Health and Human Services shall monitor the expenditures made under the Medicare Program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) for home health services (as defined in section 1861(m) of such Act (42 U.S.C. 1395x(m))) for the fiscal year, including substitute adult day care services under paragraph (8) of such section (as added by subsection (a)), and shall compare such expenditures to expenditures that the Secretary estimates would have been made for home health services for that fiscal year if subsection (a) had not been enacted. (2) Required reduction in payment rate.--If the Secretary determines, after making the comparison under paragraph (1) and making such adjustments for changes in demographics and age of the Medicare beneficiary population as the Secretary determines appropriate, that expenditures for home health services under the Medicare Program, including such substitute adult day care services, exceed expenditures that would have been made under such program for home health services for a year if subsection (a) had not been enacted, then the Secretary shall adjust the rate of payment to adult day care facilities so that total expenditures for home health services under such program in a fiscal year does not exceed the Secretary's estimate of such expenditures if subsection (a) had not been enacted. (d) Effective Date.--The amendments made by this section shall apply to items and services furnished on or after January 1, 2003. SEC. 4. CLARIFICATION OF THE DEFINITION OF HOMEBOUND FOR PURPOSES OF DETERMINING ELIGIBILITY FOR HOME HEALTH SERVICES UNDER THE MEDICARE PROGRAM. (a) Clarification.--Sections 1814(a) and 1835(a) of the Social Security Act (42 U.S.C. 1395f(a); 1395n(a)) are each amended by adding at the end the following: ``Notwithstanding the preceding sentences, in the case of an individual that requires technological assistance or the assistance of another individual to leave the home, the Secretary may not disqualify such individual from being considered to be `confined to his home' based on the frequency or duration of the absences from the home.''. (b) Technical Amendments.--(1) Sections 1814(a) and 1835(a) of the Social Security Act (42 U.S.C. 1395f(a); 1395n(a)) are each amended in the sixth sentence by striking ``leave home,'' and inserting ``leave home and''. (2) Section 1814(a) of the Social Security Act (42 U.S.C. 1395f(a)), as amended by subsection (a), is amended by moving the seventh sentence, as added by section 322(a)(1) of the Medicare, Medicaid, and SCHIP Benefits Improvement and Protection Act of 2000 (appendix F, 114 Stat. 2763A-501), as enacted into law by section 1(a)(6) of Public Law 106-554, to the end of that section. (c) Effective Date.--The amendments made by this section shall apply to items and services furnished on or after the date of enactment of this Act.

A First Step to Long-Term Care Act of 2002 - Amends title XIX (Medicaid) of the Social Security Act (SSA) to make Medicaid estate recovery optional.Amends title XVIII (Medicare) of the Social Security Act (SSA) to provide for Medicare coverage of substitute adult day care services.Revises the definition of home-bound for purposes of determining eligibility for home health services under the Medicare program. Denies the Secretary of Health and Human Services any authority to disqualify an individual who requires technological assistance or the assistance of another individual to leave home from being considered confined to his home based on the frequency or duration of absences from home.

A bill to amend titles XVIII and XIX of the Social Security Act to improve access to long-term care services under the medicare and medicaid programs.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Cahaba River National Wildlife Refuge Establishment Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) The Cahaba River in Alabama is recognized nationally for its unique biological diversity which includes providing habitat for 131 species of fish (more than any other river its size in North America). (2) The Cahaba River is home to 64 rare and imperiled species of aquatic plants and animals, including fishes, freshwater turtles, mussels, and snails. (3) The Cahaba River is home to 12 species of fish, mussels, and snails listed as endangered or threatened species. (4) The Cahaba River is home to six terrestrial species of plants and animals listed as endangered or threatened species. (5) The Cahaba River harbors the largest population in the world of the imperiled shoals lily, known locally as the Cahaba Lily. (6) The Cahaba River watershed contains extremely rare plant communities that are home to eight species of plants previously unknown to science and a total of 69 rare and imperiled species of plants. (7) The Cahaba River is home to at least a dozen endemic aquatic animals that are found nowhere else in the world. (8) The Cahaba River is the longest remaining free-flowing river in Alabama, flowing through five counties in central Alabama. (9) The Cahaba River is recognized as an Outstanding Alabama Water by the Alabama Department of Environmental Management. (10) The Cahaba River has high recreational value for hunters, anglers, birdwatchers, canoeists, nature photographers, and others. (11) The Cahaba River Watershed supports large populations of certain game species, including deer, turkey, and various species of ducks. (12) The Cahaba River area is deserving of inclusion in the National Wildlife Refuge System. SEC. 3. DEFINITIONS. In this Act: (1) Refuge.--The term ``Refuge'' means the Cahaba River National Wildlife Refuge established by section 4(a). (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 4. ESTABLISHMENT OF REFUGE. (a) Establishment.-- (1) In general.--There is established in Bibb County, Alabama, the Cahaba National Wildlife Refuge, consisting of approximately 3,500 acres of Federal lands and waters, and interests in lands and waters, within the boundaries depicted upon the map entitled ``Cahaba River National Wildlife Refuge-Proposed'', dated April 10, 2000. (2) Boundary revisions.--The Secretary may make such minor revisions of the boundaries of the Refuge as may be appropriate to carry out the purposes of the Refuge or to facilitate the acquisition of property within the Refuge. (3) Availability of map.--The Secretary shall keep the map referred to in paragraph (1) available for inspection in appropriate offices of the United States Fish and Wildlife Service. (b) Effective Date.--The establishment of the Refuge under paragraph (1) of subsection (a) shall take effect on the date the Secretary publishes, in the Federal Register and publications of local circulation in the vicinity of the area within the boundaries referred to in that paragraph, a notice that sufficient property has been acquired by the United States within those boundaries to constitute an area that can be efficiently managed as a National Wildlife Refuge. SEC. 5. ACQUISITION OF LANDS AND WATERS. (a) In General.--The Secretary, subject to the availability of appropriations, may acquire up to 3,500 acres of lands and waters, or interests therein, within the boundaries of the Refuge described in section 4(a)(1). (b) Inclusion in Refuge.--Any lands, waters, or interests acquired by the Secretary under this section shall be part of the Refuge. SEC. 6. ADMINISTRATION. In administering the Refuge, the Secretary shall-- (1) conserve, enhance, and restore the native aquatic and terrestrial community characteristics of the Cahaba River (including associated fish, wildlife, and plant species); (2) conserve, enhance, and restore habitat to maintain and assist in the recovery of animals and plants that are listed under the Endangered Species Act of 1973 (16 U.S.C. 1331 et seq.); (3) in providing opportunities for compatible fish- and wildlife-oriented recreation, ensure that hunting, fishing, wildlife observation and photography, and environmental education and interpretation are the priority general public uses of the Refuge, in accordance with section 4(a)(3) and (4) of the National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668ee(a)(3), (4)); and (4) encourage the use of volunteers and to facilitate partnerships among the United States Fish and Wildlife Service, local communities, conservation organizations, and other non- Federal entities to promote public awareness of the resources of the Cahaba River National Wildlife Refuge and the National Wildlife Refuge System and public participation in the conservation of those resources. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Secretary-- (1) such funds as may be necessary for the acquisition of lands and waters within the boundaries of the Refuge; and (2) such funds as may be necessary for the development, operation, and maintenance of the Refuge. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Authorizes the Secretary to acquire up to 3,500 acres of lands and waters, or interests therein, within prescribed Refuge boundaries. Requires the Secretary, in administering the Refuge: (1) to conserve, enhance, and restore the native aquatic and terrestrial community characteristics of the Cahaba River; (2) to conserve, enhance, and restore habitat to maintain and assist in the recovery of animals and plants that are listed as endangered or threatened species; (3) in providing opportunities for compatible fish- and wildlife-oriented recreation, to ensure that hunting, fishing, wildlife observation and photography, and environmental education and interpretation are the priority general public uses of the Refuge; and (4) to encourage the use of volunteers and to facilitate partnerships among the U.S. Fish and Wildlife Service, local communities, conservation organizations, and other non-Federal entities to promote public awareness of the resources of the Refuge and the National Wildlife Refuge System and public participation in the conservation of those resources. Authorizes appropriations.

Cahaba River National Wildlife Refuge Establishment Act

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``American Fisheries Act''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--STANDARD OF OWNERSHIP Sec. 101. Findings and purposes. Sec. 102. Standard of ownership. Sec. 103. Enforcement of standard. TITLE II--ANTI-REFLAGGING ACT EXCEPTIONS Sec. 201. Restrictions on build and rebuild savings clause. Sec. 202. Repeal of ownership savings clause. TITLE III--PHASE OUT OF CERTAIN VESSELS Sec. 301. Restriction on fishery endorsements. Sec. 302. Restriction on loan guarantees. TITLE I--STANDARD OF OWNERSHIP SEC. 101. FINDINGS AND PURPOSES. (a) Findings.--The Congress finds that-- (1) non-United States citizens own and control many United States flag fishing vessels and are harvesting significant amounts of fishery resources in the navigable waters and exclusive economic zone of the United States that could otherwise be harvested by citizens of the United States; (2) in the largest fishery in the exclusive economic zone of the United States (the Bering Sea pollock fishery), Norwegian and Japanese entities control a substantial majority of the harvesting and processing through the ownership and control of United States-flag fishing vessels, including factory trawlers and large trawlers; (3) these levels of ownership and control of United States flag fishing vessels by non-United States citizens are inconsistent with the intent and requirements of the Commercial Fishing Industry Vessel Anti-Reflagging Act of 1987 (Public Law 100-239); (4) the foreign rebuilding requirements of section 4(a)(4) of such Act were misinterpreted in a manner that rewarded the very speculation Congress sought to prevent with the passage of that Act, resulting in a far greater number of foreign-rebuilt vessels entering the fisheries off Alaska than Congress intended to allow; (5) under customary international law, including the United Nations Convention on the Law of the Sea, a coastal state has sovereign rights for the purpose of exploiting, conserving, and managing the living marine resources in its navigable waters and exclusive economic zone, including the sovereign right for its citizens to harvest and process the entire allowable catch within its exclusive economic zone if they have sufficient capacity; (6) the United States must have a meaningful and enforceable standard of ownership and control for United States flag vessels employed in the fisheries of the United States in order to ensure that citizens of the United States are given first priority in the harvesting and processing of the allowable catch in the exclusive economic zone of the United States; (7) consistent with customary international law, the Magnuson-Stevens Fishery Conservation and Management Act allows fishing vessels of other nations to harvest or process the portion of the allowable catch within the exclusive economic zone of the United States that United States flag fishing vessels do not have the capacity to harvest or process; and (8) fishing vessels greater than 165 feet in registered length, of more than 750 gross registered tons, or that have engines capable of producing a total of more than 3,000 shaft horsepower, including factory trawlers and other trawlers that exceed these measurements-- (A) are less likely than smaller, less powerful vessels with smaller gear to avoid bycatch and minimize the mortality of bycatch that cannot be avoided; (B) have been a cause of overfishing in fisheries both within the navigable waters and exclusive economic zone of the United States and elsewhere throughout the world; and (C) are more likely to be owned by investors and under pressure to produce profits at the expense of the long-term health of fishery resources. (b) Purposes.--The purposes of this Act are to-- (1) establish a meaningful and enforceable standard of United States citizen ownership and control for United States flag vessels employed in the fisheries in the navigable water and exclusive economic zone of the United States; (2) revoke existing fishery endorsements within a reasonable period of time and prohibit the issuance of new fishery endorsements for United States flag vessels that do not meet this standard; (3) begin to phase out the use of fishing vessels greater than 165 feet in registered length, of more than 750 gross registered tons, or that have engines capable of producing a total of more than 3,000 shaft horsepower in the navigable waters and exclusive economic zone of the United States by prohibiting the issuance of new fishery endorsements to vessels which exceed these limits; (4) place a capacity reduction burden on the fishing vessels that came through the loophole created by the misinterpretation of section 4(a)(4) of the Commercial Fishing Vessel Anti-Reflagging Act; and (5) prohibit Federal loan guarantees for the construction of new fishing vessels greater than 165 feet in registered length, of more than 750 gross registered tons, or that have engines capable of producing a total of more than 3,000 shaft horsepower, or for the rebuilding or improvement of existing vessels which would result in a fishing vessel which exceeds these limits. SEC. 102. STANDARD OF OWNERSHIP. (a) Clarification of Documentation Standard.--Section 12102(a) of title 46, United States Code, is amended in paragraph (4) by striking ``president or other chief executive officer'' and inserting in lieu thereof ``chief executive officer, by whatever title,''. (b) Standard for Fishery Endorsements.--Section 12102(c) of title 46, United States Code, is amended to read as follows-- ``(c)(1) A vessel owned by a corporation, partnership, association, trust, joint venture, or other entity is not eligible for a fishery endorsement under section 12108 of this title unless at least 75 per centum of the controlling interest in such entity, in the aggregate, is owned by citizens of the United States. ``(2) The Secretary shall apply section 2(c) of the Shipping Act, 1916 (46 App. U.S.C. 802(c)) in determining under this subsection whether at least 75 per centum of the controlling interest in an entity is owned by citizens of the United States.''. (c) Effective Date for Vessels Which Meet Current Standard.--A vessel owned by an entity which satisfies the controlling interest requirements of section 12102(c) of title 46, United States Code, as that section was in effect prior to the amendments made by this Act, and for which a fishery endorsement was in effect on September 25, 1997, shall not be required to comply with paragraphs (1) and (2) of section 12102(c) of title 46, United States Code, as amended by this Act, until the date that is eighteen months from the date of the enactment of this Act, provided such entity does not, prior to such compliance date, fail to satisfy the controlling interest requirements of section 12102(c) of title 46, United States Code, as that section was in effect prior to the amendments made by this Act. SEC. 103. ENFORCEMENT OF STANDARD. (a) Maritime Administration.--(1) To demonstrate compliance with section 12102(c) of title 46, United States Code, as amended by this Act, with respect to vessels of more than 100 gross registered tons, an affidavit of United States citizenship setting forth all relevant facts regarding vessel ownership and control by citizens of the United States shall be filed with the Administrator of the Maritime Administration on an annual basis. Regulations to implement this paragraph shall conform to the extent practicable with the regulations establishing the form of citizenship affidavit set forth in part 355 of title 46, Code of Federal Regulations, as in effect on September 25, 1997. (2) Transfers of ownership and control shall be rigorously scrutinized by the Administrator, with particular attention given to leases, charters, mortgages, financing, or other arrangements involving other than the purchase over extended periods of time of all, or substantially all, of the living marine resources harvested by a fishing vessel. Regulations to implement this paragraph shall prohibit impermissible transfers of ownership or control. (3) The Administrator, on a regular basis, shall provide the Commandant of the United States Coast Guard with a list of, and relevant information about, all vessels that the Administrator determines meet the requirements of section 12102(c) of title 46, United States Code, as amended by this Act. (b) Coast Guard.--The Secretary of Transportation shall establish such requirements as are reasonable and necessary to demonstrate compliance with section 12102(c) of title 46, United States Code, as amended by this Act, with respect to vessels of less than or equal to 100 gross registered tons. (c) Endorsements Revoked.--The Secretary of Transportation shall revoke the fishery endorsement of-- (1) any vessel of less than or equal to 100 gross registered tons that does not demonstrate compliance under subsection (b) with section 12102(c) of title 46, United States Code; and (2) any vessel of more than 100 gross registered tons that is not identified on the list provided by the Administrator under subsection (a)(4) as meeting the requirements of section 12102(c) of title 46, United States Code. (d) Regulations.--Regulations to implement this section shall be promulgated within 6 months of the date of the enactment of this Act. (e) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out the provisions of this Act. (f) Penalty.--Section 12122 of title 46, United States Code, is amended by inserting at the end the following new subsection: ``(c) In addition to penalties under subsections (a) and (b), the owner of a documented vessel for which a fishery endorsement has been issued is liable to the United States Government for a civil penalty of up to $100,000 for each day in which such vessel has engaged in fishing (as such term is defined in section 3 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1802)) within the navigable waters or exclusive economic zone of the United States, if the owner or the representative or agent of the owner knowingly falsified or concealed a material fact, or knowingly make a false statement or representation with respect to the eligibility of the vessel under section 12102(c) in applying for such fishery endorsement.''. (g) Review of Transfers.--Section 9(c)(1) of the Shipping Act, 1916 (46 U.S.C. 808(c)(1)) is amended by striking ``in a vessel that has been operated only as a fishing vessel, fish processing vessel, or fish tender vessel (as defined in section 2101 of title 46, United States Code) or''. TITLE II--ANTI-REFLAGGING ACT EXCEPTIONS SEC. 201. RESTRICTIONS ON BUILD AND REBUILD SAVINGS CLAUSE. (a) Repeal.--Notwithstanding section 4 of the Commercial Fishing Industry Vessel Anti-Reflagging Act of 1987 (Public Law 100-239; 46 U.S.C. 12108 note), a certificate of documentation may not be endorsed with a fishery endorsement for a vessel which does not meet the requirements of paragraphs (2) and (3) of section 12108(a) of title 46, United States Code, unless the certificate of documentation for such vessel was endorsed with a fishery endorsement that was effective on September 25, 1997 and the vessel otherwise qualifies for a fishery endorsement, including under sections 12102(c) and 12108(e) of title 46, United States Code, as amended by this Act. (b) Restriction.--Notwithstanding subsection (a) or any other provision of law, any fishing vessel (as defined in section 2101 of title 46, United States Code) which-- (1) had a fishery endorsement in effect on September 25, 1997; (2) is greater than 165 feet in registered length, of more than 750 gross registered tons, or has an engine or engines capable of producing a total of more than 3,000 shaft horsepower; and (3) was built in the United States and was-- (A) purchased or contracted for purchase prior to July 29, 1987 for use in the fisheries of the United States; (B) rebuilt in a foreign shipyard under a contract entered into prior to June 12, 1988; (C) delivered after such rebuilding and issued a fishery endorsement prior to July 29, 1990; and (d) not owned or controlled by the same entity during the occurrence of each of the events described in subparagraphs (A) through (C); shall be ineligible for a fishery endorsement under section 12108 of title 46, United States Code, if the controlling interest in the entity that owns the fishing vessel on September 25, 1997 is materially changed after such date, unless a fishery endorsement for another fishing vessel of the same or greater registered length, gross registered tons, and shaft horsepower, which actively harvested fishery resources in the fisheries under the authority of the same Regional Fishery Management Council during the year prior to such material change, is permanently surrendered. SEC. 202. REPEAL OF OWNERSHIP SAVINGS CLAUSE. (a) Repeal.--Section 7(b) of the Commercial Fishing Industry Anti- Reflagging Act of 1987 (Public Law 100-239; 46 U.S.C. 12102 note) is hereby repealed. (b) Effective Date.--Subsection (a) shall take effect eighteen months after the date of the enactment of this Act. TITLE III--PHASE OUT OF CERTAIN FISHING VESSELS SEC. 301. RESTRICTION ON FISHERY ENDORSEMENTS. (a) General Prohibition.--Section 12108 of title 46, United States Code, is amended by adding at the end the following new subsection: ``(e) A certificate of documentation may not be endorsed with a fishery endorsement for a fishing vessel that is greater than 165 feet in registered length, of more than 750 gross registered tons, or that has an engine or engines capable of producing a total of more than 3,000 shaft horsepower unless-- ``(1) the certificate of documentation for such vessel was endorsed with a fishery endorsement that was effective on September 25, 1997 and has not been surrendered at any time thereafter; and ``(2) the registered length, gross registered tons, and shaft horsepower do not exceed the length, tonnage, and horsepower of such vessel on such date.''. (b) New England Fisheries.--(1) Notwithstanding any other provision of law, the Secretary of Commerce may not authorize or permit fishing vessels (as defined in section 2101 of title 46, United States Code) greater than 165 feet in registered length, of more than 750 gross registered tons, or that have an engine or engines capable of producing a total of more than 3,000 shaft horsepower to engage in directed fishing for Atlantic mackerel or Atlantic herring unless the participation of such vessels is specifically allowed in fishery management plans developed and implemented for those fisheries under the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.). (2) Within 5 days after the date of the enactment of this Act, the Secretary of Commerce shall revoke any permit issued before that date to any vessel described in subsection (a) which would permit such vessel to engage in directed fishing for Atlantic mackerel or Atlantic herring. (c) Replacement of Lost Vessels.--Notwithstanding section 12108(e) of title 46, United States Code, as added by this Act, the owner of an existing vessel greater than 165 feet in registered length, of more than 750 gross registered tons, or that has an engine or engines capable of producing a total of more than 3,000 shaft horsepower, and that had a valid fishery endorsement on September 25, 1997, may obtain a fishery endorsement for a replacement vessel in the event of the actual total loss or constructive total loss after September 25, 1997, of such existing vessel, provided that: (1) such loss was caused by an act of God, an act of war, a collision, an act or omission of a party other than the owner or agent of the vessel, or any other event not caused by the willful misconduct of the owner or agent; (2) the existing vessel actively harvested fishery resources in the exclusive economic zone of the United States during the year prior to such loss; (3) the replacement vessel is of the same or lesser registered length, gross registered tons, and shaft horsepower that the existing vessel; (4) the fishery endorsement for the new vessel is issued within 18 months of the loss of the existing vessel; and (5) the replacement vessel otherwise qualifies under laws of the United States for a fishery endorsement. (d) Fishing Vessels Operating Beyond the Exclusive Economic Zone.-- Section 12108(e) of title 46, United States Code, as amended by this Act, shall not apply to a fishing vessel engaged in fishing exclusively for highly migratory species (as that term is defined in section 3 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1802)) primarily outside of the navigable waters and exclusive economic zone of the United States. SEC. 302. RESTRICTION ON LOAN GUARANTEES. Section 302(b) of the Fisheries Financing Act (46 U.S.C. 1274 note) is amended-- (1) by inserting ``(1)'' before ``Until October 1, 2001''; and (2) by inserting at the end the following new paragraph: ``(2) No loans may be guaranteed by the Federal Government for the construction or rebuilding of a vessel intended for use as a fishing vessel (as defined in section 2101 of title 46, United States Code), if such vessel will be greater than 165 feet in registered length, of more than 750 gross registered tons, or have an engine or engines capable of producing a total of more than 3,000 shaft horsepower, after such construction or rebuilding is completed.''.

TABLE OF CONTENTS: Title I: Standard of Ownership Title II: Anti-Reflagging Act Exceptions Title III: Phase Out of Certain Vessels American Fisheries Act - Title I: Standard of Ownership - Amends Federal law relating to vessel documentation to require that, in order to be eligible for a fishery endorsement, 75 percent of the controlling interest in the vessel's owning entity be owned by U.S. citizens. (Sec. 103) Requires, for vessels over a specified tonnage, annual filing of an affidavit of U.S. citizenship to demonstrate compliance with the controlling interest requirement. Requires the Administrator of the Maritime Administration to rigorously scrutinize transfers of ownership and control. Mandates revocation of the fishery endorsement of vessels that fail to demonstrate compliance with the controlling interest requirement. Authorizes appropriations. Imposes civil monetary penalties for knowingly falsifying or concealing a material fact or knowingly making a false statement or representation regarding the controlling interest requirement. Prohibits, without the consent of the Secretary of Transportation, the transfer in any manner to a non-U.S. citizen of any interest in or control of a documented fishing, fish processing, or fish tender vessel. Title II: Anti-Reflagging Act Exceptions - Sets forth the circumstances in which a vessel, notwithstanding specified provisions of the Commercial Fishing Industry Vessel Anti-Reflagging Act of 1987, may not receive a fishery endorsement. Repeals provisions of that Act relating to the application of provisions prohibiting documentation of vessels before measuring. Title III: Phase Out of Certain Fishing Vessels - Prohibits a fishery endorsement for a fishing vessel over a specified length, tonnage, or horsepower unless the vessel had a fishery endorsement before a specified date and has not surrendered it thereafter and its registered length, tonnage, and horsepower have not increased since then. Exempts: (1) replacement vessels if certain requirements are met; and (2) vessels engaged in fishing exclusively for highly migratory species primarily outside the navigable waters and exclusive economic zone of the United States. Prohibits authorizing or permitting vessels over a specified length, tonnage, or horsepower from engaging in directed fishing for Atlantic mackerel or Atlantic herring unless their participation is specifically allowed in fishery management plans implemented for those fisheries. Mandates revocation of any nonconforming permit. (Sec. 302) Amends the Fisheries Financing Act to prohibit Federal loan guarantees for the construction or rebuilding of a vessel intended for use as a fishing vessel if the vessel will be over a specified length, tonnage, or horsepower after the construction or rebuilding is completed.

American Fisheries Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Civil War Battlefield Preservation Act of 2002''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) Civil War battlefields provide a means for the people of the United States to understand a tragic period in the history of the United States; and (2) according to the Report on the Nation's Civil War Battlefields, prepared by the Civil War Sites Advisory Commission, and dated July 1993, of the 384 principal Civil War battlefields-- (A) almost 20 percent are lost or fragmented; (B) 17 percent are in poor condition; and (C) 60 percent-- (i) have been lost; or (ii) are in imminent danger of being-- (I) fragmented by development; and (II) lost as coherent historic sites. (b) Purposes.--The purposes of this Act are-- (1) to act quickly and proactively to preserve and protect nationally significant Civil War battlefields through conservation easements and fee-simple purchases of those battlefields from willing sellers; and (2) to create partnerships among State and local governments, regional entities, and the private sector to preserve, conserve, and enhance nationally significant Civil War battlefields. SEC. 3. BATTLEFIELD ACQUISITION GRANT PROGRAM. The American Battlefield Protection Act of 1996 (16 U.S.C. 469k) is amended-- (1) by redesignating subsection (d) as paragraph (3) of subsection (c), and indenting appropriately; (2) in paragraph (3) of subsection (c) (as redesignated by paragraph (1))-- (A) by striking ``Appropriations'' and inserting ``appropriations''; and (B) by striking ``section'' and inserting ``subsection''; (3) by inserting after subsection (c) the following: ``(d) Battlefield Acquisition Grant Program.-- ``(1) Definitions.--In this subsection: ``(A) Battlefield report.--The term `Battlefield Report' means the document entitled `Report on the Nation's Civil War Battlefields', prepared by the Civil War Sites Advisory Commission, and dated July 1993. ``(B) Eligible entity.--The term `eligible entity' means a State or local government. ``(C) Eligible site.--The term `eligible site' means a site-- ``(i) that is not within the exterior boundaries of a unit of the National Park System; and ``(ii) that is identified in the Battlefield Report. ``(D) Secretary.--The term `Secretary' means the Secretary of the Interior, acting through the American Battlefield Protection Program. ``(2) Establishment.--The Secretary shall establish a battlefield acquisition grant program under which the Secretary may provide grants to eligible entities to pay the Federal share of the cost of acquiring interests in eligible sites for the preservation and protection of those eligible sites. ``(3) Nonprofit partners.--An eligible entity may acquire an interest in an eligible site using a grant under this subsection in partnership with a nonprofit organization. ``(4) Non-federal share.--The non-Federal share of the total cost of acquiring an interest in an eligible site under this subsection shall be not less than 50 percent. ``(5) Limitation on land use.--An interest in an eligible site acquired under this subsection shall be subject to section 6(f)(3) of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-8(f)(3)). ``(6) Reports.-- ``(A) In general.--Not later than 5 years after the date of enactment of this subparagraph, the Secretary shall submit to Congress a report on the activities carried out under this subsection. ``(B) Update of battlefield report.--Not later than 2 years after the date of enactment of this subsection, the Secretary shall submit to Congress a report that updates the Battlefield Report to reflect-- ``(i) preservation activities carried out at the 384 battlefields during the period between publication of the Battlefield Report and the update; ``(ii) changes in the condition of the battlefields during that period; and ``(iii) any other relevant developments relating to the battlefields during that period. ``(7) Authorization of appropriations.-- ``(A) In general.--There is authorized to be appropriated to the Secretary from the Land and Water Conservation Fund to provide grants under this subsection $10,000,000 for each of fiscal years 2004 through 2008. ``(B) Update of battlefield report.--There is authorized to be appropriated to the Secretary to carry out paragraph (6)(B) $500,000.''; and (4) in subsection (e)-- (A) in paragraph (1), by striking ``as of'' and all that follows through the period and inserting ``on September 30, 2008.''; and (B) in paragraph (2), by inserting ``and provide battlefields acquisition grants'' after ``studies''.

Civil War Battlefield Preservation Act of 2002 - Amends the American Battlefield Protection Act of 1996 to direct the Secretary of the Interior, acting through the American Battlefield Protection Program, to establish a battlefield acquisition grant program under which the Secretary may provide grants to a State or local government (eligible entity) to pay the Federal share of the cost of acquiring interests in eligible sites for the preservation and protection of those sites.Permits an eligible entity to acquire an interest in an eligible site using a grant in partnership with a nonprofit organization. Subjects acquired property to the prohibition against conversion to other than public outdoor recreation uses, without the Secretary's approval.Requires the Secretary to submit to Congress a report that updates the Report on the Nation's Civil War Battlefields to reflect preservation activities and changes in the condition of the 384 battlefields.Extends the American Battlefield Protection Program through FY 2008.

A bill to amend the American Battlefield Protection Act of 1996 to authorize the Secretary of the Interior to establish a battlefield acquisition grant program.

SECTION 1. NATIONAL COMMISSION ON DIGESTIVE DISEASES. (a) In General.--The Secretary of Health and Human and Human Services (in this section referred to as the ``Secretary''), after consultation with the Director of the National Institutes of Health, shall, within 60 days after the date of the enactment of this Act, establish a National Commission on Digestive Diseases (in this section referred to as the ``Commission''). (b) Duties.-- (1) In general.--The Commission shall-- (A) conduct a comprehensive study of the present state of knowledge of the incidence, duration, and morbidity of, and mortality rates resulting from, digestive diseases and of the social and economic impact of such diseases; (B) evaluate the public and private facilities and resources (including trained personnel and research activities) for the diagnosis, prevention, and treatment of, and research in, such diseases; and (C) identify programs (including biological, behavioral, nutritional, environmental, and social programs) in which, and the means by which, improvement in the management of digestive diseases can be accomplished. (2) Long-range plan.--Based on the study, evaluation, and identification made pursuant to paragraph (1), the Commission shall develop and recommend a long-range plan for the use and organization of national resources to effectively deal with digestive diseases. The plan shall provide for-- (A) research studies into the basic biological processes and mechanisms related to digestive diseases; (B) investigations into the epidemiology, etiology, diagnosis, treatment, prevention, and control of digestive diseases; (C) development of preventive measures (including education programs, programs for the elimination of environmental hazards related to digestive diseases, and clinical programs) to be taken against digestive diseases; (D) detection of digestive diseases in the presymptomatic stages and development and evaluation of new, and improved methods of screening for digestive diseases, taking into account recent technological changes in diagnostic imaging modalities; (E) development of criteria for the diagnosis and the clinical management and control of digestive diseases; (F) development of approaches to advance digestive diseases research by incorporating insights obtained from genomic and proteomic research. (G) development of coordinated health care systems for dealing with digestive diseases; (H) education and training (including continuing education programs) of scientists, clinicians, educators, and allied health professionals in the fields and specialties requisite to the conduct of programs related to digestive diseases with special emphasis on training for careers in research, teaching, and all aspects of patient care; (I) the conduct and subject matter of trials in clinical and translational research in digestive diseases; and (J) establishment of a system of periodic surveillance of the research potential and research needs in digestive diseases; The long-range plan formulated under this paragraph shall also include within its scope related nutritional disorders and basic biological processes and mechanisms in nutrition which are related to digestive diseases. (3) Recommendations for individual national research institutes.--The Commission shall recommend for each of the Institutes of the National Institutes of Health whose activities are to be affected by the long-range plan estimates of the expenditures needed to carry out each Institute's part of the overall program. Such estimates shall be prepared for the fiscal year beginning immediately after completion of the Commission's plan and for each of the next 5 fiscal years. (c) Composition.-- (1) In general.--The Commission shall be composed of 16 members appointed in accordance with paragraph (2) and the ex officio members designated under paragraph (3). The appointed members shall be voting members, and the ex officio members shall be nonvoting members, except that the ex officio member designated under paragraph (3)(A) shall be a voting member. (2) Appointed members.--The voting members of the Commission shall be appointed by the Secretary from among individuals who are not officers or employees of the Federal Government. Of such members-- (A) 10 shall be appointed from among scientists, physicians, and other health professionals, of whom-- (i) two shall be practicing clinical gastroenterologists; (ii) two shall be gastroenterologists involved primarily in research on digestive diseases; (iii) one shall be a surgeon; (iv) one shall be an expert in liver disease; (v) one shall be an epidemiologist; (vi) one shall be an allied health professional; and (vii) two shall be basic biomedical scientists (such as biochemists, physiologists, microbiologists, nutritionists, pharmacologists, or immunologists); and (B) six shall be appointed from among the general public, of whom at least three shall have personal or close family experience with digestive diseases. (3) Ex officio members.-- (A) National institute of diabetes and digestive and kidney diseases.--From among officers or employees of the National Institute of Diabetes and Digestive and Kidney Diseases whose primary interest is in the field of digestive diseases, the Secretary shall designate an individual to serve as an ex officio member of the Commission. (B) Additional members.--The following officials (or the designees of the officials) shall serve as ex officio members of the Commission: The Director of the National Institutes of Health; the Director of the National Institute of Diabetes and Digestive and Kidney Diseases; the Director of the National Institute of Allergy and Infectious Diseases; the Director of the National Cancer Institute; the Director of the National Institute of Biomedical Imaging and Bioengineering; the Director of the National Institute of Drug Abuse; the Director of the National Institute on Alcohol Abuse and Alcoholism; the Director of the National Human Genome Research Institute; the Director for the Division of Digestive Diseases and Nutrition within the National Institute of Diabetes and Digestive Kidney Diseases; the Director of the Centers for Disease Control and Prevention; the Chief Medical Director of the Department of Veterans Affairs; and the Secretary of Defense. (d) Chair.--From among the appointed members of the Commission, the members of the Commission shall select an individual to serve as the Chair of the Commission. (e) Terms.--The term of a member of the Commission is the life of the Commission. (f) Vacancies.-- (1) Authority of commission.--A vacancy in the membership of the Commission does not affect the power of the remaining members to carry out the duties of the Commission. (2) Appointment of successor.--A vacancy in the membership of the Commission shall be filled in the manner in which the original appointment was made. (3) Incomplete term.--If a member of the Commission does not serve the full term of the member, the individual appointed to fill the resulting vacancy shall be appointed for the remainder of the term of the predecessor of the individual. (g) Meetings.--The Commission shall first meet as directed by the Secretary, not later than 60 days after the Commission is established, and thereafter shall meet at the call of the Chair of the Commission, but not less often than three times during the life of the Commission. (h) Compensation; Reimbursement of Expenses.-- (1) Appointed members.--Members of the Commission appointed from among individuals who are not officers or employees of the Federal Government shall receive compensation for each day (including travel time) engaged in carrying out the duties of the Commission. Such compensation may not be in an amount in excess of the daily equivalent of the annual maximum rate of basic pay payable under section 5108 of title 5, United States Code, for positions above GS-15. (2) Ex officio members.--Members of the Commission appointed from among individuals who are officers or employees of the Federal Government may not receive compensation for service on the Commission in addition to the compensation otherwise received for duties carried out as Federal officers or employees. (3) Reimbursement.--Members of the Commission, while serving away from their homes or regular places of business in the performance of services for the Commission, shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as such expenses are authorized by section 5703 of title 5, United States Code, for persons in Government service employed intermittently. (i) Staff.-- (1) Executive director.--The Commission may appoint and fix the pay of an executive director to effectively carry out its functions. The executive director shall be appointed subject to the provisions of title 5, United States Code, governing appointments in the competitive service, and shall be paid in accordance with the provisions of chapter 51 and subchapter III of chapter 53 of such title related to classification and General Schedule pay rates. (2) Additional staff.--The Secretary shall provide the Commission with such additional professional and clerical staff, such information, and the services of such consultants as the Secretary determines to be necessary for the Commission to carry out effectively its functions. (j) Powers.--The Commission may hold such hearings, take such testimony, and sit and act at such time and places as the Commission deems advisable. (k) Report.--Within 18 months following its initial meetings (as prescribed by subsection (g)), the Commission shall publish and transmit directly to Congress a final report respecting its activities under this section. The report shall contain-- (1) the long-range plan required by subsection (b)(2); (2) the expenditure estimates required by subsection (b)(3); and (3) any recommendations of the Commission for legislation that would facilitate the implementation of the long-range plan. In developing recommendations under paragraph (3), the Commission shall evaluate the effectiveness of the Interagency Coordinating Committee for Digestive Diseases and assess its ability to monitor and promote adherence to the long-range plan. The Commission may also make recommendations regarding organizational changes within the National Institutes of Health or the establishment of new entities that would facilitate implementation of the long-range plan and otherwise coordinate the Federal digestive diseases research effort. (l) Termination.--The Commission terminates 30 days after the date on which the final report under subsection (k) is submitted to Congress. (m) Authorization of Appropriations.--For the purpose of carrying out this section, there is authorized to be appropriated $4,000,000 in the aggregate for fiscal years 2005 and 2006.

Directs the Secretary of Health and Human and Human Services to establish a National Commission on Digestive Diseases, which shall: (1) study the incidence, duration, and mortality rates of digestive diseases, as well as their social and economic impacts; (2) evaluate public and private facilities and resources (including trained personnel and research activities) for the diagnosis, prevention, and treatment of such diseases; (3) identify related disease management programs (including biological, behavioral, nutritional, environmental, and social programs); and (4) develop a long-range plan for the use and organization of national resources to effectively deal with digestive diseases. Terminates the Commission 30 days after submission of its final report.

A bill to establish a National Commission on Digestive Diseases.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``National Enterprise Zone Act of 2007''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. Sec. 3. National Enterprise Zones. Sec. 4. Study. Sec. 5. Effective date. SEC. 2. FINDINGS. The Congress finds that the establishment of a National Enterprise Zone program that offers a substantial tax incentive to corporations, including controlled foreign corporations in a possession of the United States, partnerships, and sole proprietorships conducting an active business within such zones and electing to participate will achieve-- (1) a higher level of private sector economic activity necessary to alleviate poverty and unemployment in economically depressed regions of the United States, including the possessions of the United States; (2) the removal of tax disincentives to do business in economically depressed areas and thus promote economic growth, development, employment, a higher standard of living and a higher quality of life in economically depressed areas; (3) improved taxation of business investment in plant, equipment and inventories in economically depressed areas, encouraging businesses to operate in those areas; and (4) comparable tax treatment of businesses in economically depressed areas in all parts of the United States and its possessions, thereby promoting universal economic prosperity. SEC. 3. NATIONAL ENTERPRISE ZONES. (a) In General.--Subchapter Y of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new part: ``PART III--NATIONAL ENTERPRISE ZONES ``Sec. 1400U. National Enterprise Zone designation procedure. ``Sec. 1400U-1. National Enterprise Zone eligibility criteria. ``Sec. 1400U-2. Effect of National Enterprise Zone designation on individuals, estates and trusts conducting an active trade or business within a national enterprise zone. ``Sec. 1400U-3. National Enterprise Zone individual taxable income. ``Sec. 1400U-4. Effect of National Enterprise Zone designation on corporations. ``Sec. 1400U-5. National Enterprise Zone corporate taxable income. ``Sec. 1400U-6. Conduct of an active trade or business within a National Enterprise Zone by corporations, partnerships, and sole proprietors. ``Sec. 1400U-7. Definitions and special rules. ``SEC. 1400U. NATIONAL ENTERPRISE ZONE DESIGNATION PROCEDURE. ``(a) Designated Zone.--The Secretary shall designate the areas in the United States and possessions of the United States that meet the requirements of section 1400U-1 and publish a list of such designated zones. ``(b) Effective Date of Zone Designation.--The effective date of the designation of any zone as a National Enterprise Zone pursuant to this section shall be January 1 of the year following its designation. ``(c) Eligibility Review.--Between January 1 and April 30 of the year after the release of the decennial census, the Secretary shall undertake a review of each National Enterprise Zone designation whereby the Secretary shall determine whether the zone continues to meet the National Enterprise Zone Eligibility Criteria established by section 1400U-1. If this review determines that a National Enterprise Zone no longer meets the National Enterprise Zone Eligibility Criteria established by section 1400U-1, then the Secretary shall revoke the designation effective at the end of the calendar year. Not later than June 30 after said determination, the Secretary shall issue a notice to all taxpayers making National Enterprise Zone elections with respect to said zone in the taxpayer's previous taxable year that the designation will be revoked at the end of the calendar year for said National Enterprise Zone. The Secretary shall publish the decennial eligibility review results for all National Enterprise Zones no later than June 30. ``(d) Effect of Revocation of Designation.--An electing taxpayer with respect to a National Enterprise Zone whose designation is revoked continues to qualify for the Individual or Corporate Alternative National Enterprise Zone tax under sections 1400U-2 and 1400U-4 until the end of the taxpayer's 12th taxable year following the year of zone designation revocation. ``SEC. 1400U-1. NATIONAL ENTERPRISE ZONE ELIGIBILITY CRITERIA. ``(a) National Enterprise Zone Eligibility Criteria.--A National Enterprise Zone must-- ``(1) have greater than 50,000 residents; ``(2) have a poverty rate two times the national poverty rate; and ``(3) have an unemployment rate 2 times the national average unemployment rate. ``(b) No Overlap With Existing Zones of Different Type.--No part of a National Enterprise Zone may also be a part of an Empowerment Zone, Enterprise Community (Subchapter U zones), or District of Columbia Enterprise Zone (Subchapter W zones). ``SEC. 1400U-2. EFFECT OF NATIONAL ENTERPRISE ZONE DESIGNATION ON INDIVIDUALS, ESTATES AND TRUSTS CONDUCTING AN ACTIVE TRADE OR BUSINESS WITHIN A NATIONAL ENTERPRISE ZONE. ``(a) Individual Alternative National Enterprise Zone Tax.--In the case of a taxpayer other than a corporation, if, for any taxable year, the taxpayer has National Enterprise Zone individual taxable income, then, in lieu of any tax imposed by section 1 or section 55, the taxpayer may elect to pay a tax which shall consist of the sum of-- ``(1) a tax computed on the taxpayer's taxable income reduced by the amount of National Enterprise Zone tentative individual taxable income (if greater than zero), at the rates and in the manner as if this subsection had not been enacted, plus ``(2) a tax of 12 percent of the National Enterprise Zone individual taxable income. ``(b) Years for Which Election Is Effective.--An election under subsection (a) shall be effective for the three taxable years of the electing taxpayer following the year in which the election is made and for all succeeding taxable years of such taxpayer, unless-- ``(1) the taxpayer ceases to have National Enterprise Zone taxable income, ``(2) the taxpayer revokes the election (after the initial three-year period), or ``(3) the period described in section 1400U(d) has expired. ``(c) Effect of Cessation of Business Operations in Zone During Initial Three-Year Period.--If a taxpayer has made an election under this section and if such election has been terminated or revoked under subsection (b)(1) due to cessation of business in the zone during any of the three years immediately after the year in which the election is made, such taxpayer shall be treated as having been subject to tax under chapter 1 at the otherwise applicable rate for individuals for the years the alternative National Enterprise Zone tax was applicable. ``(d) New Election Following Termination.--If a taxpayer has made an election under this section and if such election has been terminated or revoked under subsection (b), such taxpayer shall not be eligible to make an election under this section for any taxable year before the 3rd taxable year which begins after the 1st taxable year for which such termination is effective, unless the Secretary consents to such election. ``SEC. 1400U-3. NATIONAL ENTERPRISE ZONE INDIVIDUAL TAXABLE INCOME. ``(a) National Enterprise Zone Individual Tentative Taxable Income.--National Enterprise Zone tentative individual taxable income shall be equal to taxable income (as defined by section 63 without regard to section 179(e)) arising from the conduct of an active trade or business (as defined in section 1400U-6) within one or more National Enterprise Zones. ``(b) National Enterprise Zone Individual Taxable Income Adjustments.--National Enterprise Zone individual taxable income shall be equal to National Enterprise Zone individual tentative taxable income less-- ``(1) expenditures made to acquire inventory property held in a National Enterprise Zone, and ``(2) the amount, if any, the taxpayer elects to deduct pursuant to section 179(e) that exceeds the limitations in section 179(b). ``SEC. 1400U-4. EFFECT OF NATIONAL ENTERPRISE ZONE DESIGNATION ON CORPORATIONS. ``(a) Corporate Alternative National Enterprise Zone Tax.--In the case of a corporation (other than an S corporation), if for any taxable year, the taxpayer has National Enterprise Zone corporate taxable income, then, in lieu of any tax imposed by section 11 or section 55, the taxpayer may elect to pay a tax which shall consist of the sum of-- ``(1) a tax computed on taxable income reduced by the amount of National Enterprise Zone tentative corporate taxable income (if greater than zero) at the rates and in the manner as if this subsection had not been enacted, plus ``(2) a tax of 12 percent of the National Enterprise Zone corporate taxable income. ``(b) Special Rule for Non-Domestic Corporations.--In the case of an electing corporation organized under the laws of a possession of the United States doing business in a National Enterprise Zone, this section shall apply as if such corporation were a domestic corporation subject to tax under this title. ``(c) Years for Which Election Is Effective.--An election under subsection (a) shall be effective for the three taxable years of the electing corporation following the year in which the election is made and for all succeeding taxable years of such corporation, unless-- ``(1) the corporation ceases to have National Enterprise Zone taxable income, ``(2) the corporation revokes the election, or ``(3) the period described in section 1400U(d) has expired. ``(d) Effect of Cessation of Business Operations in Zone During Initial Three-Year Period.--If a taxpayer has made an election under this section and if such election has been terminated or revoked under subsection (c)(1) due to cessation of business in the zone during any of the three years immediately after the year in which the election is made, such taxpayer shall be treated as having been subject to tax under chapter 1 at the otherwise applicable rate for domestic corporations for the years the alternative National Enterprise Zone tax was applicable. ``(e) New Election by National Enterprise Zone Corporation Following Termination.--If an electing corporation has made an election under this section and if such election has been terminated or revoked under subsection (c), such corporation (and any successor corporation) shall not be eligible to make an election under this section for any taxable year before the 3rd taxable year which begins after the 1st taxable year for which such termination is effective, unless the Secretary consents to such election. ``SEC. 1400U-5. NATIONAL ENTERPRISE ZONE CORPORATE TAXABLE INCOME. ``(a) In General.--National Enterprise Zone corporate tentative corporate taxable income shall be taxable income (without regard to section 179(e)) arising from the conduct of an active trade or business within one or more National Enterprise Zones. ``(b) Adjustments.--National Enterprise Zone corporate taxable income shall be equal to National Enterprise Zone corporate tentative taxable income less-- ``(1) expenditures made to acquire inventory property held in a National Enterprise Zone, and ``(2) the amount, if any, the taxpayer elects to deduct pursuant to 179(e) that exceeds the limitations in section 179(b). ``SEC. 1400U-6. CONDUCT OF AN ACTIVE TRADE OR BUSINESS WITHIN A NATIONAL ENTERPRISE ZONE BY CORPORATIONS, PARTNERSHIPS, AND SOLE PROPRIETORS. ``(a) Active Trade or Business.--For purposes of this part, the conduct of active trade or business means the conduct of a trade or business that derives no more than 25 percent of its gross income from passive activities (as defined by section 469). ``(b) Income and Expenses Within a National Enterprise Zone.--For purposes of this part-- ``(1) Gross income.--Gross income from within a National Enterprise Zone shall mean-- ``(A) compensation for labor or services performed by the electing corporation, partnership, or sole proprietor within a National Enterprise Zone; ``(B) rentals or royalties from property located in a National Enterprise Zone; ``(C) gains, profits, and income derived from the sale of inventory property held within a National Enterprise Zone; and ``(D) income from the sale of property that is produced, created, fabricated, manufactured, extracted, processed, cured, aged, grown or harvested within the National Enterprise Zone. ``(2) Expenses.--Expenses shall be allocated and apportioned to the income producing activities to which they are related. Expenses which are not allocable or apportioned to any specific income producing activities shall be allocated on the basis of gross income such that the ratio of the expense allocated to the National Enterprise Zone is the same as the ratio of gross income within the National Enterprise Zone to all gross income within the United States and a possession of the United States of the taxpayer or controlled group (in the case of a corporation that is a member of a controlled group of corporations as defined in section 1563(a)). ``(c) Alternative Formulary Method.-- ``(1) In general.--A corporation (or controlled group in the case of a corporation that is a member of a controlled group of corporations (as defined in section 1563(a))), partnership, or sole proprietor that so elects, in a form and manner prescribed by the Secretary, may determine the share of its income, expense, and other items attributable to the conduct of an active trade or business within a National Enterprise Zone by multiplying its apportionment ratio by the amount of the income, expense, and other items for purposes of determining its National Enterprise Zone corporate taxable income. ``(2) Apportionment ratio.--The apportionment ratio shall be the ratio of-- ``(A) the sum of the remaining basis in depreciable property held in a National Enterprise Zone for the entire taxable year, of the inventory property held in a National Enterprise Zone at the end of the taxable year, and of the compensation paid to National Enterprise Zone-based employees during the taxable year, and ``(B) the sum of the remaining basis in depreciable property held in the United States and its possessions for the entire taxable year, of the inventory property held in the United States and its possessions at the end of the taxable year, and of the compensation paid to employees within the United States and its possessions during the taxable year. ``(3) Mandatory use of alternative formulary method.--If a taxpayer-- ``(A) derives greater than 10 percent of its gross income from sales to related parties (as defined in section 1313(c)), or ``(B) expenses attributable to purchases from related parties (as defined in section 1313(c)) account for greater than 10 percent of its expenses, then said taxpayer shall use the alternative formulary method. ``SEC. 1400U-7. DEFINITIONS AND SPECIAL RULES. ``For purposes of this part-- ``(1) Possession of the united states.--The term `possession of the United States' means the Virgin Islands, Guam, American Samoa, the Commonwealth of Puerto Rico, and the Commonwealth of the Northern Mariana Islands. ``(2) Inventory.-- ``(A) Inventory property.--The term `inventory property' means property described in section 1221(a)(1) and any expenditures that were capitalized pursuant to section 263A. ``(B) No double counting.--The deduction afforded by section 1400U-3(b)(1) is in lieu of the deduction provided upon the sale of inventory property. ``(3) Special rule.--For purposes of a corporation making an election under this part, section 7701(a)(4) shall include an electing corporation organized under the laws of a possession of the United States and section 7701(a)(5) shall not apply.''. (b) Conforming Amendments.--Section 179 of the Internal Revenue Code of 1986 is amended by inserting at the end the following new subsection: ``(e) No Limitation on Amount in National Enterprise Zones.-- ``(1) In general.--The limitations of subsection (b) shall not apply with respect to property placed in service in a National Enterprise Zone. ``(2) Property removed from national enterprise zone.-- Property expensed pursuant to this section that is removed from service within a National Enterprise Zone but not disposed of by the taxpayer shall be treated as if it had been, as of the date of the removal, disposed of by the taxpayer and repurchased by the taxpayer at a price equal to what its remaining basis would have been if the election under this section had not been exercised with respect to the property.''. (c) Clerical Amendment.--The table of parts for subchapter Y of chapter 1 of such Code is amended by inserting after the item relating to part II the following new item: ``Part III. National Enterprise Zones.''. SEC. 4. STUDY. The Secretary shall undertake a study of the National Enterprise Zone program established by this Act to determine its effectiveness in promoting economic growth and reducing poverty in the designated zone areas. The study shall be submitted to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate no later than December 31, 2012. SEC. 5. EFFECTIVE DATE. The amendments made by this Act shall apply to taxable years beginning after December 31, 2007.

National Enterprise Zone Act of 2007 - Amends the Internal Revenue Code to direct the Secretary of the Treasury to designate areas in the United States and its possessions as National Enterprise Zones and to publish a list of such Zones. Requires a Zone to: (1) have more than 50,000 residents; (2) have a poverty rate of two times the national poverty rate; and (3) have an unemployment rate two times the national average. Allows corporate and noncorporate taxpayers with taxable income from an active trade or business within such a Zone to elect a reduced alternative income tax in lieu of existing income and alternative minimum tax rates. Requires the Secretary to study and report to Congress on the effectiveness of such program.

To amend the Internal Revenue Code of 1986 to promote freedom, fairness, and economic opportunity by establishing National Enterprise Zones to promote prosperity in economically depressed areas.

SECTION 1. ESTABLISHMENT OF INITIATIVES FOR PREDOMINANTLY MUSLIM COUNTRIES. (a) Findings.--The Congress makes the following findings: (1) Surveys indicate that, in countries of predominantly Muslim population, opinions of the United States and American foreign policy among the general public and select audiences are significantly distorted by highly negative and hostile beliefs and images and that many of these beliefs and images are the result of misinformation and propaganda by individuals and organizations hostile to the United States. (2) These negative opinions and images are highly prejudicial to the interests of the United States and to its foreign policy. (3) As part of a broad and long-term effort to enhance a positive image of the United States in the Muslim world, a key element should be the establishment of programs to promote a greater familiarity with American society and values among the general public and select audiences in countries of predominantly Muslim population. (b) Establishment of Initiatives.--The Secretary of State shall establish the following programs with countries with predominantly Muslim populations as part of the educational and cultural exchange programs of the Department of State: (1) Journalism program.--A program for foreign journalists and postsecondary students of journalism which, in cooperation with private sector sponsors to include universities, shall sponsor workshops and professional training in techniques, standards, and practices in the field of journalism to assist the participants to achieve the highest standards of professionalism. (2) Libraries.--The Secretary of State shall develop and implement a demonstration program to assist foreign governments to establish or upgrade their public library systems to improve literacy, support public education, and provide youth recreation centers. The program shall provide training in the library sciences, including exchange opportunities for postsecondary study in the United States. The purpose of the program shall be to advance American values and society, particularly the importance of freedom and democracy. (3) English language teaching.--The Secretary shall establish a program to provide grants to United States citizens to work in middle and secondary schools as English language teaching assistants for not less than an academic year. If feasible, the host government or local educational agency shall share the salary costs of the assistants. (4) Sister city partnerships.--The Secretary shall expand and enhance sister-city partnerships between United States and foreign municipalities in an effort to increase global cooperation at the community level. Such partnerships shall encourage economic development, municipal cooperation, health care initiatives, youth and educational programs, disability advocacy, emergency preparedness, and humanitarian assistance. (5) Youth ambassadors.--The Secretary shall establish a program for visits by middle and secondary school students to the United States during school holidays in their home country for periods not to exceed 4 weeks. Participating students shall reflect the economic and geographic diversity of their countries. Activities shall include cultural and educational activities designed to familiarize participating students with American society and values. To the extent practicable, such visits shall be coordinated with middle and secondary schools in the United States to provide for school-based activities and interactions. The Secretary shall encourage the establishment of direct school-to-school linkages under the program. (6) Fulbright exchange program.--The Secretary shall seek to substantially increase the number of awards under the J. William Fulbright Educational Exchange Program to graduate students, scholars, professionals, teachers, and administrators from the United States who are applying for such awards to study, teach, conduct research, or pursue scholarship in predominantly Muslim countries. Part of such increase shall include awards for scholars and teachers who plan to teach subjects relating to American studies. (7) Hubert h. humphrey fellowships.--The Secretary shall seek to substantially increase the number of Hubert H. Humphrey Fellowships awarded to candidates from predominantly Muslim countries. (c) General Provision.--Programs established under this section shall be carried out under the provisions of the United States Information and Educational Exchange Act of 1948 and the Mutual Educational and Cultural Exchange Act of 1961. SEC. 2. DATABASE OF ALUMNI OF AMERICAN AND FOREIGN PARTICIPANTS IN EXCHANGE PROGRAMS. The Secretary, in coordination with the heads of other agencies that conduct international exchange and training programs, shall establish and maintain a database listing all American and foreign alumni of such programs in order to encourage networking, interaction, and communication with alumni. SEC. 3. REPORT ON INCLUSION OF FREEDOM AND DEMOCRACY ADVOCATES IN EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS. Not later than 90 days after the date of the enactment of this Act, the Secretary of State shall submit to the Congress a report concerning the implementation of section 102 of the Human Rights, Refugee, and Other Foreign Relations Provisions Act of 1996 (22 U.S.C. 2452 note). The report shall include information concerning the number of grants to conduct exchange programs to countries described in such section that have been submitted for competitive bidding, what measures have been taken to ensure that willingness to include supporters of freedom and democracy in such programs is given appropriate weight in the selection of grantees, and an evaluation of whether United States exchange programs in the countries described in such section are fully open to supporters of freedom and democracy, and, if not, what obstacles remain and what measures are being taken to implement such policy. SEC. 4. STATUTORY CONSTRUCTION. Nothing in this Act may be construed to authorize the issuance of any visa to, or the admission to the United States of, any alien who is inadmissible to the United States. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated for the Department of State $35,000,000 for each of the fiscal years 2003 and 2004 to carry out this Act. SEC. 6. SECRETARY DEFINED. In this Act, the term ``Secretary'' means the Secretary of State.

Directs the Secretary of State to establish certain journalism, library, English language teaching, sister city partnership, youth ambassador, J. William Fulbright Education Exchange Program, and Hubert H. Humphrey Fellowship initiatives with countries with predominantly Muslim populations as part of the Department of State's educational and cultural exchange programs.Directs the Secretary of State to establish and maintain a database listing all American and foreign alumni of such program initiatives in order to encourage networking, interaction, and communication with alumni.Directs the Secretary to report to Congress on implementation of certain provisions of the Human Rights, Refugee, and Other Foreign Relations Provisions Act of 1996 directing the Director of the U.S. Information Agency to take appropriate steps to provide opportunities for participation of human rights and democracy leaders in educational and cultural exchange programs in countries whose people do not fully enjoy freedom and democracy (including but not limited to China, Vietnam, Cambodia, Tibet, and Burma).

A bill to enhance United States diplomacy, and for other purposes.

SECTION 1. SMALL BUSINESS JOINT VENTURE LOAN PROGRAM FOR THE FORMER SOVIET UNION. (a) Establishment of Program.--The Freedom for Russia and Emerging Eurasian Democracies and Open Markets Support Act of 1992 is amended by adding at the end the following new title: ``TITLE XI--SMALL BUSINESS JOINT VENTURE LOAN PROGRAM ``SEC. 1101. PURPOSE. ``It is the purpose of this title to assist United States small businesses expand into markets in the independent states of the former Soviet Union, thereby developing those markets to the benefit of United States small businesses and the United States economy. ``SEC. 1102. ESTABLISHMENT OF SMALL BUSINESS JOINT VENTURE PROGRAM. ``(a) In General.--The Secretary of State shall carry out a program in accordance with this title to support the establishment by United States small businesses and Independent States small businesses or entrepreneurs of joint ventures to engage in business activity in the independent states of the former Soviet Union. ``(b) Examples of Business Areas.--Joint ventures supported under this title may include joint ventures in areas such as manufacturing, telecommunications, energy production, environmental protection, agriculture, housing, aviation, and defense conversion. ``SEC. 1103. LOANS TO JOINT VENTURES. ``(a) Authorization.--The Secretary is authorized to make loans in accordance with this section for joint ventures described in section 1102(a). ``(b) Criteria.--The Secretary shall use the following criteria in determining which joint ventures receive a loan under this section: ``(1) Preference shall be given to joint ventures involving United States small businesses located in economically depressed communities. ``(2) Preference shall be given to loans that will be most cost-effective. ``(3) Preference shall be given to joint ventures that have the greatest likelihood of success. A loan may not be made to a joint venture if the Secretary determines that the joint venture is unlikely to be successful. ``(4) Preference shall be given to joint ventures that are most likely to benefit the participating United States small businesses and the United States economy. ``(5) Preference shall be given to joint ventures in which-- ``(A) the participating United States small business will provide the management, accounting, marketing, training, and other business expertise needed by the joint venture; and ``(B) the participating Independent States small business or entrepreneur will provide entrepreneurship, the understanding of local needs and conditions, and the local resources needed by the joint venture. ``(6) Preference shall be given to joint ventures that will produce goods that are to be used, or services that are to be provided, within the independent states of the former Soviet Union. ``(c) Limitations on Amount of Loan.--A loan under this section may not exceed $100,000. Not more than one loan may be made for any single joint venture. ``(d) Term and Repayment of Loans.--The following shall apply with respect to any loan under this section: ``(1) The Secretary shall determine the term of the loan. ``(2) Payments of principal shall not be required during the 1st 3 years of the loan. ``(3) Interest shall not accrue during the 1st 5 years of the loan. Thereafter, the rate of interest shall be based on the average of the Consumer Price Index (all items--United States city average), published monthly by the Bureau of Labor Statistics in the Department of Labor, for such period prior to the due date for each interest payment as the Secretary may determine. ``(e) Prohibition on Transfer of Jobs From the United States.--A loan may not be made to a joint venture under this section if, as a result of that joint venture, the United States small business participating in the joint venture would transfer any business operation or activity that it has been carrying out in the United States to any location outside the United States. ``(f) Prohibition on Imports to the United States.-- ``(1) In general.--Goods produced pursuant to any joint venture that receives a loan under this section may not be imported into the United States, including as parts or components of other goods. ``(2) Enforcement.--The Secretary and the Secretary of the Treasury shall take appropriate steps to implement and enforce paragraph (1). Such steps shall include a requirement that any joint venture that receives a loan under this section and produces any goods for export submit to the Secretary such information as the Secretary may require regarding the foreign recipient of any such goods that are to be exported, the identifying characteristics of such goods, and the amount of goods to be exported. The Secretary shall provide such lists to the Commissioner of Customs. ``SEC. 1104. OTHER ACTIVITIES TO FACILITATE THE ESTABLISHMENT OF JOINT VENTURES. ``(a) Database Contractor.-- ``(1) In general.--In order to facilitate the establishment of joint ventures that would be eligible to receive a loan under section 1103(a), the Secretary shall enter into a contract with an eligible private business entity (hereinafter in this section referred to as the `contractor') for the development and maintanence by the contractor of the database described in subsection (b). ``(2) Selection of contractor.--The Secretary shall use competitive procedures in selecting the contractor and shall award the contract required by paragraph (1) within 60 days after the date of enactment of this section. ``(3) Limitation on contract amount; budget act requirements.--(A) Subject to subparagraphs (B) and (C), the Secretary shall determine the amount of the contract awarded pursuant to this subsection. ``(B) The contract awarded pursuant to this subsection may not require the United States Government to make payments to the contractor that in the aggregate exceed $3,000,000 for any fiscal year. ``(C) The United States Government shall be obligated to make outlays under the contract required by this subsection only to the extent that the budget authority for such outlays is provided in advance by appropriation Acts. ``(b) Database.--The database provided for in subsection (a) shall list-- ``(1) United States small businesses that are interested in participating in a joint venture that would be eligible to receive a loan under section 1103(a); and ``(2) Independent States small businesses or entrepreneurs that have submitted a proposal for the establishment of a joint venture that would be eligible to receive a loan under section 1103(a). The database shall include information regarding the types of business activity in which each such business is involved. ``(c) Submission and Distribution of Proposals for Joint Ventures.-- ``(1) Submission to the secretary.--The Secretary shall accept proposals for joint ventures submitted by Independent States small businesses or entrepreneurs and shall forward them to the contractor. ``(2) Distribution by the contractor.--The contractor shall provide information about each such proposal to United States small businesses listed in the database established pursuant to subsection (a) that would be qualified to participate in the proposed joint venture. ``(d) Review of Proposed Joint Ventures by the Contractor.--Each application for a loan under section 1103(a) shall be submitted to the contractor. The contractor-- ``(1) shall determine whether the Independent States small business or entrepreneur that would be participating in the proposed joint venture has the resources it claims it will contribute to the joint venture; and ``(2) shall make a recommendation to the Secretary with respect to whether a loan should be made for the proposed joint venture based on the criteria set forth in section 1103(b). ``(e) Publicizing Program.-- ``(1) United states small businesses.--The Secretary shall take appropriate steps to make United States small businesses aware of the database established pursuant to subsection (a) and the loan program established pursuant to section 1103. Such steps shall include publication of information about the database and the program in the Federal Register. ``(2) Independent states small businesses or entrepreneurs.--The Secretary shall also take appropriate steps to make Independent States small businesses or entrepreneurs aware of the database and the loan program. ``SEC. 1105. AUTHORIZATION OF APPROPRIATIONS. ``(a) Loan Program.--There are authorized to be appropriated $100,000,000 to carry out section 1103, including for the cost (as defined in section 502 of the Federal Credit Reform Act of 1990) of loans. ``(b) Database Costs.--There are authorized to be appropriated $3,000,000 for each fiscal year for payments pursuant to the contract provided for in section 1104(a). ``SEC. 1106. DEFINITIONS. ``(a) Economically Depressed Community.--For purposes of this title, the term `economically depressed community' means a rural or urban community which, relative to other communities in the United States, is depressed in terms of age of housing, the extent of poverty, the growth rate of per capita income, the extent of unemployment, job lag, or the extent of surplus labor. ``(b) Eligible Private Business Entity.--For purposes of this title, the term `eligible private business entity' means a United States small business that-- ``(1) has experience in business activity in at least one independent state of the former Soviet Union; and ``(2) has its main business office within the metropolitian Washington, D.C., area. ``(c) Independent States Small Business or Entrepreneur.--For purposes of this title, the term `Independent States small business or entrepreneur' means-- ``(1) a small business that is organized under the laws of an independent state of the former Soviet Union and that is more than 50 percent owned by citizens of the independent states (as determined under regulations of the Secretary); or ``(2) an entrepreneur who is a citizen of an independent state and is a resident of an independent state. ``(d) Secretary.--For purposes of this title, the term `Secretary' means the Secretary of State. ``(e) Small Business.--For purposes of this title, the term `small business'-- ``(1) in the case of United States small businesses, means an organization that is a small business concern for purposes of the Small Business Act; and ``(2) in the case of Independent States small businesses, means an organization that is determined to be a small business by the Secretary using criteria comparable to those used for identifying small business concerns for purposes of the Small Business Act. ``(f) United States Small Business.--For purposes of this title, the term `United States small business' means a small business-- ``(1) that is organized under the laws of the United States (including any State, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, American Samoa, Guam, the Virgin Islands, or any other territory or possession of the United States); and ``(2) that is more than 50 percent owned by United States citizens (as determined under regulations of the Secretary).''. (b) Conforming Amendment.--The table of contents in section 2 of the Freedom for Russia and Emerging Eurasian Democracies and Open Markets Support Act of 1992 is amended by adding at the end the following: ``TITLE XI--SMALL BUSINESS JOINT VENTURE LOAN PROGRAM ``Sec. 1101. Purpose. ``Sec. 1102. Establishment of small business joint venture program. ``Sec. 1103. Loans to joint ventures. ``Sec. 1104. Other activities to facilitate the establishment of joint ventures. ``Sec. 1105. Authorization of appropriations. ``Sec. 1106. Definitions.''.

Amends the Freedom for Russia and Emerging Eurasian Democracies and Open Markets Support Act of 1992 to direct the Secretary of State to support the establishment by U.S. small businesses and independent state small businesses or entrepreneurs of joint ventures to engage in business activity in the independent states of the former Soviet Union. Authorizes the Secretary to make loans for joint ventures. Establishes loan preference criteria, limitations, and repayment terms. Prohibits: (1) loans to a joint venture if, as a result of the joint venture, a U.S. small business would transfer any business activity that it has been carrying out to a location outside the United States; and (2) goods produced pursuant to a joint venture that receives a loan from being imported into the United States. Provides for a contract with a private entity for the establishment of a data base to facilitate joint ventures between U.S. and independent state small businesses. Authorizes appropriations.

To amend the FREEDOM Support Act to establish a program to provide loans for joint ventures between United States small businesses and small businesses or entrepreneurs in the independent states of the former Soviet Union.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Electronic Commerce Enhancement Act of 2001''. TITLE I--ELECTRONIC COMMERCE SEC. 101. FINDINGS. The Congress finds the following: (1) Commercial transactions on the Internet, whether retail business-to-customer or business-to-business, are commonly called electronic commerce. (2) In the United States, business-to-business transactions between small and medium-sized manufacturers and other such businesses and their suppliers is rapidly growing, as many of these businesses begin to use Internet connections for supply- chain management, after-sales support, and payments. (3) Small and medium-sized manufacturers and other such businesses play a critical role in the United States economy. (4) Electronic commerce can help small and medium-sized manufacturers and other such businesses develop new products and markets, interact more quickly and efficiently with suppliers and customers, and improve productivity by increasing efficiency and reducing transaction costs and paperwork. Small and medium-sized manufacturers and other such businesses who fully exploit the potential of electronic commerce activities can use it to interact with customers, suppliers, and the public, and for external support functions such as personnel services and employee training. (5) The National Institute of Standards and Technology's Manufacturing Extension Partnership program has a successful record of assisting small and medium-sized manufacturers and other such businesses. In addition, the Manufacturing Extension Partnership program, working with the Small Business Administration, successfully assisted United States small enterprises in remediating their Y2K computer problems. (6) A critical element of electronic commerce is the ability of different electronic commerce systems to exchange information. The continued growth of electronic commerce will be enhanced by the development of private voluntary interoperability standards and testbeds to ensure the compatibility of different systems. SEC. 102. REPORT ON THE UTILIZATION OF ELECTRONIC COMMERCE. (a) Advisory Panel.--The Director of the National Institute of Standards and Technology (in this title referred to as the ``Director'') shall establish an Advisory Panel to report on the challenges facing small and medium-sized manufacturers and other such businesses in integrating and utilizing electronic commerce technologies and business practices. The Advisory Panel shall be comprised of representatives of the Technology Administration, the National Institute of Standards and Technology's Manufacturing Extension Partnership program established under sections 25 and 26 of the National Institute of Standards and Technology Act (15 U.S.C. 278k and 278l), the Small Business Administration, and other relevant parties as identified by the Director. (b) Initial Report.--Within 12 months after the date of the enactment of this Act, the Advisory Panel shall report to the Director and to the Committee on Science of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on the immediate requirements of small and medium-sized manufacturers and other such businesses to integrate and utilize electronic commerce technologies and business practices. The report shall-- (1) describe the current utilization of electronic commerce practices by small and medium-sized manufacturers and other such businesses, detailing the different levels between business-to-retail customer and business-to-business transactions; (2) describe and assess the utilization and need for encryption and electronic authentication components and electronically stored data security in electronic commerce for small and medium-sized manufacturers and other such businesses; (3) identify the impact and problems of interoperability to electronic commerce, and include an economic assessment; and (4) include a preliminary assessment of the appropriate role of, and recommendations for, the Manufacturing Extension Partnership program to assist small and medium-sized manufacturers and other such businesses to integrate and utilize electronic commerce technologies and business practices. (c) Final Report.--Within 18 months after the date of the enactment of this Act, the Advisory Panel shall report to the Director and to the Committee on Science of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a 3-year assessment of the needs of small and medium-sized manufacturers and other such businesses to integrate and utilize electronic commerce technologies and business practices. The report shall include-- (1) a 3-year planning document for the Manufacturing Extension Partnership program in the field of electronic commerce; and (2) recommendations, if necessary, for the National Institute of Standards and Technology to address interoperability issues in the field of electronic commerce. SEC. 103. ELECTRONIC COMMERCE PILOT PROGRAM. The National Institute of Standards and Technology's Manufacturing Extension Partnership program, in consultation with the Small Business Administration, shall establish a pilot program to assist small and medium-sized manufacturers and other such businesses in integrating and utilizing electronic commerce technologies and business practices. The goal of the pilot program shall be to provide small and medium-sized manufacturers and other such businesses with the information they need to make informed decisions in utilizing electronic commerce-related goods and services. Such program shall be implemented through a competitive grants program for existing Regional Centers for the Transfer of Manufacturing Technology established under section 25 of the National Institute of Standards and Technology Act (15 U.S.C. 278k). In carrying out this section, the Manufacturing Extension Partnership program shall consult with the Advisory Panel and utilize the Advisory Panel's reports. TITLE II--ENTERPRISE INTEGRATION SEC. 201. ENTERPRISE INTEGRATION ASSESSMENT AND PLAN. (a) Assessment.--The Director shall work to identify critical enterprise integration standards and implementation activities for major manufacturing industries underway in the United States. For each major manufacturing industry, the Director shall work with industry representatives and organizations currently engaged in enterprise integration activities and other appropriate representatives as necessary. They shall assess the current state of enterprise integration within the industry, identify the remaining steps in achieving enterprise integration, and work toward agreement on the roles of the National Institute of Standards and Technology and of the private sector in that process. Within 90 days after the date of the enactment of this Act, the Director shall report to the Congress on these matters and on anticipated related National Institute of Standards and Technology activities for the then current fiscal year. (b) Plans and Reports.--Within 180 days after the date of the enactment of this Act, the Director shall submit to the Congress a plan for enterprise integration for each major manufacturing industry, including milestones for the National Institute of Standards and Technology portion of the plan, the dates of likely achievement of those milestones, and anticipated costs to the Government and industry by fiscal year. Updates of the plans and a progress report for the past year shall be submitted annually until for a given industry, in the opinion of the Director, enterprise integration has been achieved. SEC. 202. DEFINITIONS. For purposes of this title-- (1) the term ``Director'' means the Director of the National Institute of Standards and Technology; (2) the term ``enterprise integration'' means the electronic linkage of manufacturers, assemblers, and suppliers to enable the electronic exchange of product, manufacturing, and other business data among all businesses in a product supply chain, and such term includes related application protocols and other related standards; and (3) the term ``major manufacturing industry'' includes the aerospace, automotive, electronics, shipbuilding, construction, home building, furniture, textile, and apparel industries and such other industries as the Director designates. Passed the House of Representatives February 14, 2001. Attest: JEFF TRANDAHL, Clerk.

Electronic Commerce Enhancement Act of 2001 - Title I: Electronic Commerce - Requires the Director of the National Institute of Standards and Technology (NIST) to establish an Advisory Panel to report on the challenges facing small and medium-sized manufacturers and other such businesses in integrating and utilizing electronic commerce technologies and business practices. Requires the Panel to provide an interim and final report to the Director and specified congressional committees. Requires the final report to include: (1) a three-year planning document for NIST's Manufacturing Extension Partnership (MEP) program in the field of electronic commerce; and (2) recommendations for NIST to address interoperability issues in electronic commerce.Requires the MEP program to: (1) establish a pilot program to assist such manufacturers and businesses in integrating and utilizing electronic commerce technologies and business practices through a competitive grants program; and (2) consult with the Panel and utilize the Panel's reports.Title II: Enterprise Integration - Requires the Director to: (1) identify critical enterprise integration standards and implementation activities for major manufacturing industries; (2) report to Congress on such matters and anticipated related NIST activities for that fiscal year; and (3) submit to Congress a plan for enterprise integration for each major manufacturing industry. Requires annual plan updates for an industry until enterprise integration has been achieved.

To require the Director of the National Institute of Standards and Technology to assist small and medium-sized manufacturers and other such businesses to successfully integrate and utilize electronic commerce technologies and business practices, and to authorize the National Institute of Standards and Technology to assess critical enterprise integration standards and implementation activities for major manufacturing industries and to develop a plan for enterprise integration for each major manufacturing industry.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Baseline Reform Act of 2012''. SEC. 2. THE BASELINE. Section 257 of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended to read as follows: ``SEC. 257. THE BASELINE. ``(a) In General.--(1) For any fiscal year, the baseline refers to a projection of current-year levels of new budget authority, outlays, or receipts and the surplus or deficit for the current year, the budget year, and the ensuing nine outyears based on laws enacted through the applicable date. ``(2) The baselines referred to in paragraph (1) shall be prepared annually. ``(b) Direct Spending and Receipts.--For the budget year and each outyear, estimates for direct spending in the baseline shall be calculated as follows: ``(1) In general.--Laws providing or creating direct spending and receipts are assumed to operate in the manner specified in those laws for each such year and funding for entitlement authority is assumed to be adequate to make all payments required by those laws. ``(2) Exceptions.--(A)(i) No program established by a law enacted on or before the date of enactment of the Balanced Budget Act of 1997 with estimated current year outlays greater than $50,000,000 shall be assumed to expire in the budget year or the outyears. The scoring of new programs with estimated outlays greater than $50,000,000 a year shall be based on scoring by the Committees on the Budget or OMB, as applicable. OMB, CBO, and the Committees on the Budget shall consult on the scoring of such programs where there are differences between CBO and OMB. ``(ii) On the expiration of the suspension of a provision of law that is suspended under section 171 of Public Law 104- 127 and that authorizes a program with estimated fiscal year outlays that are greater than $50,000,000, for purposes of clause (i), the program shall be assumed to continue to operate in the same manner as the program operated immediately before the expiration of the suspension. ``(B) The increase for veterans' compensation for a fiscal year is assumed to be the same as that required by law for veterans' pensions unless otherwise provided by law enacted in that session. ``(C) Excise taxes dedicated to a trust fund, if expiring, are assumed to be extended at current rates. ``(D) If any law expires before the budget year or any outyear, then any program with estimated current year outlays greater than $50,000,000 that operates under that law shall be assumed to continue to operate under that law as in effect immediately before its expiration. ``(3) Hospital insurance trust fund.--Notwithstanding any other provision of law, the receipts and disbursements of the Hospital Insurance Trust Fund shall be included in all calculations required by this Act. ``(c) Discretionary Spending.--For the budget year and each of the nine ensuing outyears, the baseline shall be calculated using the following assumptions regarding all amounts other than those covered by subsection (b): ``(1) Estimated appropriations.--Budgetary resources other than unobligated balances shall be at the level provided for the budget year in full-year appropriation Acts. If for any account a full-year appropriation has not yet been enacted, budgetary resources other than unobligated balances shall be at the level available in the current year. ``(2) Current-year appropriations.--If, for any account, a continuing appropriation is in effect for less than the entire current year, then the current-year amount shall be assumed to equal the amount that would be available if that continuing appropriation covered the entire fiscal year. If law permits the transfer of budget authority among budget accounts in the current year, the current-year level for an account shall reflect transfers accomplished by the submission of, or assumed for the current year in, the President's original budget for the budget year. ``(d) Up-To-Date Concepts.--In calculating the baseline for the budget year or each of the nine ensuing outyears, current-year amounts shall be calculated using the concepts and definitions that are required for that budget year. ``(e) Asset Sales.--Amounts realized from the sale of an asset shall not be included in estimates under section 251, 251A, 252, or 253 of this part or section 5 of the Statutory Pay-As-You-Go Act of 2010 if that sale would result in a financial cost to the Government as determined pursuant to scorekeeping guidelines.''. SEC. 3. ADDITIONAL CBO REPORT TO BUDGET COMMITTEES. Section 202(e) of the Congressional Budget Act of 1974 is amended by adding at the end the following new paragraphs: ``(4)(A) After the President's budget submission under section 1105(a) of title 31, United States Code, in addition to the baseline projections, the Director shall submit to the Committees on the Budget of the House of Representatives and the Senate a supplemental projection assuming extension of current tax policy for the fiscal year commencing on October 1 of that year with a supplemental projection for the 10 fiscal- year period beginning with that fiscal year, assuming the extension of current tax policy. ``(B) For the purposes of this paragraph, the term `current tax policy' means the tax policy in statute as of December 31 of the current year assuming-- ``(i) the budgetary effects of measures extending the Economic Growth and Tax Relief Reconciliation Act of 2001; ``(ii) the budgetary effects of measures extending the Jobs and Growth Tax Relief Reconciliation Act of 2003; ``(iii) the continued application of the alternative minimum tax as in effect for taxable years beginning in 2011 pursuant to title II of the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010, assuming that for taxable years beginning after 2011 the exemption amount shall equal-- ``(I) the exemption amount for taxable years beginning in 2011, as indexed for inflation; or ``(II) if a subsequent law modifies the exemption amount for later taxable years, the modified exemption amount, as indexed for inflation; and ``(iv) the budgetary effects of extending the estate, gift, and generation-skipping transfer tax provisions of title III of the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010. ``(5) On or before July 1 of each year, the Director shall submit to the Committees on the Budget of the House of Representatives and the Senate, the Long-Term Budget Outlook for the fiscal year commencing on October 1 of that year and at least the ensuing 40 fiscal years.''. Passed the House of Representatives February 3, 2012. Attest: KAREN L. HAAS, Clerk.

Baseline Reform Act of 2012 - (Sec. 2) Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to revise the formula for establishing the budget baseline. Revises the annual baseline, for any fiscal year, to mean a projection of current-year levels of new budget authority (as under current law), outlays (as under current law), or receipts (instead of revenues) and the surplus or deficit (as under current law) for the current year, the budget year, and the ensuing nine outyears based on laws enacted through the applicable date. Includes estimates for direct spending in the baseline calculation formula for the budget year and each outyear. Revises the formula for calculating the baseline for discretionary spending for the budget year and each outyear to eliminate adjustments for: (1) expiring multiyear subsidized housing contracts; (2) administrative expenses of the Federal Hospital Insurance Trust Fund, the Supplementary Medical Insurance Trust Fund, the Unemployment Trust Fund, and the Railroad Retirement account; (3) offsets to federal employees' annual pay; and (4) certain inflators used to adjust budgetary resources in the Act. (Sec. 3) Amends the Congressional Budget Act of 1974 to require the Director of the Congressional Budget Office (CBO), after the President's budget submission and in addition to the baseline projections, to report a supplemental projection to the congressional budget committees, assuming extension of current tax policy for the fiscal year commencing on October 1 of that year, with a supplemental projection for the 10-fiscal year period beginning with that fiscal year, again assuming the extension of current tax policy. Defines "current tax policy" as the tax policy in statute as of December 31 of the current year, assuming: (1) the budgetary effects of measures extending the Economic Growth and Tax Relief Reconciliation Act of 2001 and the Jobs and Growth Tax Relief Reconciliation Act of 2003; (2) the continued application of the alternative minimum tax (AMT) as in effect for taxable years beginning in 2011, with a specified assumption for taxable years beginning after 2011; and (3) the budgetary effects of extending the estate, gift, and generation-skipping transfer tax provisions of title III of the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010. Requires CBO to report to such committees, on or before July 1 of each year, the Long-Term Budget Outlook for: (1) the fiscal year commencing on October 1 of that year, and (2) at least the ensuing 40 fiscal years.

To amend the Balanced Budget and Emergency Deficit Control Act of 1985 to reform the budget baseline.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Personal Information Privacy Act of 1997''. SEC. 2. CONFIDENTIAL TREATMENT OF CREDIT HEADER INFORMATION. Section 603(d) of the Fair Credit Reporting Act (15 U.S.C. 1681a(d)) is amended by inserting after the first sentence the following: ``The term also includes any other identifying information of the consumer, except the name, address, and telephone number of the consumer if listed in a residential telephone directory available in the locality of the consumer.''. SEC. 3. PROTECTING PRIVACY BY PROHIBITING USE OF THE SOCIAL SECURITY NUMBER FOR COMMERCIAL PURPOSES WITHOUT CONSENT. (a) In General.--Part A of title XI of the Social Security Act (42 U.S.C. 1301 et seq.) is amended by adding at the end the following: ``prohibition of certain misuses of the social security account number ``Sec. 1146. (a) Prohibition of Commercial Acquisition or Distribution.--No person may buy, sell, offer for sale, take or give in exchange, or pledge or give in pledge any information for the purpose, in whole or in part, of conveying by means of such information any individual's social security account number, or any derivative of such number, without the written consent of such individual. ``(b) Prohibition of Use as Personal Identification Number.--No person may utilize any individual's social security account number, or any derivative of such number, for purposes of identification of such individual without the written consent of such individual. ``(c) Prerequisites for Consent.--In order for consent to exist under subsection (a) or (b), the person engaged in, or seeking to engage in, an activity described in such subsection shall-- ``(1) inform the individual of all the purposes for which the number will be utilized and the persons to whom the number will be known; and ``(2) obtain affirmatively expressed consent in writing. ``(d) Exceptions.--Nothing in this section shall be construed to prohibit any use of social security account numbers permitted or required under section 205(c)(2) of this Act, section 7(a)(2) of the Privacy Act of 1974 (5 U.S.C. 552a note; 88 Stat. 1909), or section 6109(d) of the Internal Revenue Code of 1986. ``(e) Civil Action in United States District Court; Damages; Attorneys Fees and Costs; Nonexclusive Nature of Remedy.-- ``(1) In general.--Any individual aggrieved by any act of any person in violation of this section may bring a civil action in a United States district court to recover-- ``(A) such preliminary and equitable relief as the court determines to be appropriate; and ``(B) the greater of-- ``(i) actual damages; and ``(ii) liquidated damages of $25,000 or, in the case of a violation that was willful and resulted in profit or monetary gain, $50,000. ``(2) Attorney's fees and costs.--In the case of a civil action brought under paragraph (1) in which the aggrieved individual has substantially prevailed, the court may assess against the respondent a reasonable attorney's fee and other litigation costs and expenses (including expert fees) reasonably incurred. ``(3) Statute of limitations.--No action may be commenced under this subsection more than 3 years after the date on which the violation was or should reasonably have been discovered by the aggrieved individual. ``(4) Nonexclusive remedy.--The remedy provided under this subsection shall be in addition to any other lawful remedy available to the individual. ``(f) Civil Money Penalties.-- ``(1) In general.--Any person who the Commissioner of Social Security determines has violated this section shall be subject, in addition to any other penalties that may be prescribed by law, to-- ``(A) a civil money penalty of not more than $25,000 for each such violation, and ``(B) a civil money penalty of not more than $500,000, if violations have occurred with such frequency as to constitute a general business practice. ``(2) Determination of violations.-- Any violation committed contemporaneously with respect to the social security account numbers of 2 or more individuals by means of mail, telecommunication, or otherwise shall be treated as a separate violation with respect to each such individual. ``(3) Enforcement procedures.--The provisions of section 1128A (other than subsections (a), (b), (f), (h), (i), (j), and (m), and the first sentence of subsection (c)) and the provisions of subsections (d) and (e) of section 205 shall apply to civil money penalties under this subsection in the same manner as such provisions apply to a penalty or proceeding under section 1128A(a), except that, for purposes of this paragraph, any reference in section 1128A to the Secretary shall be deemed a reference to the Commissioner of Social Security. ``(g) Regulation by States.--Nothing in this section shall be construed to prohibit any State authority from enacting or enforcing laws consistent with this section for the protection of privacy.''. (b) Effective Date.--The amendment made by this section applies with respect to violations occurring on and after the date which is 2 years after the date of enactment of this Act. SEC. 4. RESTRICTION ON USE OF SOCIAL SECURITY NUMBERS BY STATE DEPARTMENTS OF MOTOR VEHICLES. (a) Restriction on Governmental Use.--Section 2721(b)(1) of title 18, United States Code, is amended by striking ``its functions.'' and inserting ``its functions, but in the case of social security numbers, only to the extent permitted or required under section 205(c)(2) of the Social Security Act (42 U.S.C. 405(c)(2)), section 7(a)(2) of the Privacy Act of 1974 (5 U.S.C. 552a note, 88 Stat. 1909), section 6109(d) of the Internal Revenue Code of 1986, or any other provision of law specifically identifying such use.''. (b) Prohibition of Use by Marketing Companies.--Section 2721(b)(12) of title 18, United States Code, is amended by striking ``For'' and inserting ``Except in the case of social security numbers, for''.

Personal Information Privacy Act of 1997 - Amends the Fair Credit Reporting Act to redefine the term "consumer report" to exclude identifying information listed in a local telephone directory (thereby ensuring that the personal identification information in the credit headers accompanying credit reports of unlisted individuals remains confidential). Amends part A (General Provisions) of title XI of the Social Security Act to prohibit the commercial acquisition or distribution of an individual's social security number (or any derivative of it) as well as its use as a personal identification number without the individual's written consent. Provides for a civil action in a U.S. District Court by any individual aggrieved by any violation of this prohibition. Provides for civil money penalties for violations as well. Amends the Federal criminal code to require the uses of social security numbers by State departments of motor vehicles to be consistent with the uses authorized by the Social Security Act, the Privacy Act, and by any other statutes explicitly authorizing their use. Prohibits the use of social security numbers by marketing companies.

Personal Information Privacy Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Urban Homestead Act of 1995''. SEC. 2. DEFINITIONS. For purposes of this Act, the following definitions shall apply: (1) Community development corporation.--The term ``community development corporation'' means a nonprofit organization whose primary purpose is to promote community development by providing housing opportunities to low-income families. (2) Cost recovery basis.--The term ``cost recovery basis'' means, with respect to any sale of a project or residence by a unit of general local government to a community development corporation under section 3(c)(2), that the purchase price paid by the community development corporation is less than or equal to the costs incurred by the unit of general local government in connection with such project or residence during the period beginning on the date on which the unit of general local government acquires title to the multifamily housing project or residential property under subsection (a) and ending on the date on which the sale is consummated. (3) Low-income families.--The term ``low-income families'' has the same meaning as in section 3(b) of the United States Housing Act of 1937. (4) Multifamily housing project.--The term ``multifamily housing project'' has the same meaning as in section 203 of the Housing and Community Development Amendments of 1978. (5) Secretary.--The term ``Secretary'' means the Secretary of Housing and Urban Development. (6) Severe physical problems.--A dwelling unit shall be considered to have ``severe physical problems'' if such unit-- (A) lacks hot or cold piped water, a flush toilet, or both a bathtub and a shower in the unit, for the exclusive use of that unit; (B) on not less than 3 separate occasions, during the preceding winter months was uncomfortably cold for a period of more than 6 consecutive hours due to a malfunction of the heating system for the unit; (C) has no functioning electrical service, exposed wiring, any room in which there is not a functioning electrical outlet, or has experienced not less than 3 blown fuses or tripped circuit breakers during the preceding 90-day period; (D) is accessible through a public hallway in which there are no working light fixtures, loose or missing steps or railings, and no elevator; or (E) has severe maintenance problems, including water leaks involving the roof, windows, doors, basement, or pipes or plumbing fixtures, holes or open cracks in walls or ceilings, severe paint peeling or broken plaster, and signs of rodent infestation. (7) Single family residence.--The term ``single family residence'' means a 1- to 4-family dwelling that is held by the Secretary. (8) Substandard multifamily housing project.--A multifamily housing project is ``substandard'' if not less than 25 percent of the dwelling units of the project have severe physical problems. (9) Unit of general local government.--The term ``unit of general local government'' has the same meaning as in section 102(a) of the Housing and Community Development Act of 1974. (10) Unoccupied multifamily housing project.--The term ``unoccupied multifamily housing project'' means a multifamily housing project that the unit of general local government certifies in writing is not inhabited. SEC. 3. DISPOSITION OF UNOCCUPIED AND SUBSTANDARD PUBLIC HOUSING. (a) Transfer of Ownership to Units of General Local Government.-- Notwithstanding section 203 of the Housing and Community Development Amendments of 1978 or any other provision of Federal law pertaining to the disposition of property, the Secretary shall transfer ownership of any unoccupied multifamily housing project, substandard multifamily housing project, or other residential property that is owned by the Secretary to the appropriate unit of general local government for the area in which the project or residence is located in accordance with subsection (b), if the unit of general local government enters into an agreement with the Secretary described in subsection (c). (b) Timing.-- (1) In general.--Any transfer of ownership under subsection (a) shall be completed-- (A) with respect to any multifamily housing project owned by the Secretary that is determined to be unoccupied or substandard before the date of enactment of this Act, not later than 1 year after that date of enactment; and (B) with respect to any multifamily housing project or other residential property acquired by the Secretary on or after the date of enactment of this Act, not later than 1 year after the date on which the project is determined to be unoccupied or substandard or the residence is acquired, as appropriate. (2) Satisfaction of indebtedness.--Prior to any transfer of ownership under paragraph (1), the Secretary shall satisfy any indebtedness incurred in connection with the project or residence at issue, either by-- (A) cancellation of the indebtedness; or (B) reimbursing the unit of general local government to which the project or residence is transferred for the amount of the indebtedness. (c) Sale to Community Development Corporations.--An agreement is described in this subsection if it is an agreement that requires a unit of general local government to dispose of the multifamily housing project or other residential property in accordance with the following requirements: (1) Notification to community development corporations.-- Not later than 30 days after the date on which the unit of general local government acquires title to the multifamily housing project or other residential property under subsection (a), the unit of general local government shall notify community development corporations located in the State in which the project or residence is located-- (A) of such acquisition of title; and (B) that, during the 6-month period beginning on the date on which such notification is made, such community development corporations shall have the exclusive right under this subsection to make bona fide offers to purchase the project or residence on a cost recovery basis. (2) Right of first refusal.--During the 6-month period described in paragraph (1)(B)-- (A) the unit of general local government may not sell or offer to sell the multifamily housing project or other residential property other than to a party notified under paragraph (1), unless each community development corporation notifies the unit of general local government that the corporation will not make an offer to purchase the project or residence; and (B) the unit of general local government shall accept a bona fide offer to purchase the project or residence made during such period if the offer is acceptable to the unit of general local government, except that a unit of general local government may not sell a project or residence to a community development corporation during that 6-month period other than on a cost recovery basis. (3) Other disposition.--During the 6-month period beginning on the expiration of the 6-month period described in paragraph (1)(B), the unit of general local government shall dispose of the multifamily housing project or other residential property on a negotiated, competitive bid, or other basis, on such terms as the unit of general local government deems appropriate. SEC. 4. EXEMPTION FROM PROPERTY DISPOSITION REQUIREMENTS. No provision of the Multifamily Housing Property Disposition Reform Act of 1994, or any amendment made by that Act, shall apply to the disposition of property in accordance with this Act. SEC. 5. TENANT LEASES. This Act shall not affect the terms or the enforceability of any contract or lease entered into before the date of enactment of this Act. SEC. 6. PROCEDURES. Not later than 6 months after the date of enactment of this Act, the Secretary shall establish, by rule, regulation, or order, such procedures as may be necessary to carry out this Act.

Urban Homestead Act of 1995 - Directs the Secretary of Housing and Urban Development to transfer ownership of unoccupied or substandard public housing to appropriate units of local government, after first satisfying any related indebtedness. Directs these local governmental units to initially offer such housing for sale exclusively to community development corporations, and then on a competitive basis.

Urban Homestead Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``Every Child Deserves a Family Act''. SEC. 2. CONGRESSIONAL FINDINGS AND PURPOSES. (a) Findings.--The Congress finds the following: (1) There is a shortage of qualified individuals willing to adopt or foster a child in the child welfare system. As a result, thousands of foster children lack a permanent and safe home. (2) In order to open more homes to foster children, child welfare agencies should work to eliminate sexual orientation, gender identity, and marital status discrimination and bias in adoption and foster care recruitment, selection, and placement procedures. (3) Of the estimated 500,000 children in the United States foster care system, over 129,000 cannot return to their original families and are legally free for adoption. (A) 51,000 children were adopted in 2007, while 25,000 youth ``aged out'' of the foster care system. (B) Research shows that youth who ``age out'' of the foster care system are at a high risk for poverty, homelessness, incarceration, and early parenthood. (C) Increasing adoption rates, in addition to establishing permanency and decreasing risk factors for foster youth, can yield annual national cost savings between $3,300,000,000 and $6,300,000,000. (4) Experts agree that in many States, lesbian, gay, bisexual and transgender youth experience discrimination, harassment, and violence in the foster care system because of their sexual orientation or gender identity. (5) Approximately 60 percent of homeless lesbian, gay, bisexual, and transgender youth were previously in foster care. According to the Urban Justice Center, many of these young people reported that living on the streets felt ``safer'' than living in their group or foster home. (6) According to data taken from the 2000 Census, an estimated 27 percent of same-sex couples have at least 1 child under 18 years of age living in the home. (7) There are approximately 1,000,000 lesbian, gay, bisexual, and transgender couples throughout the United States who are raising approximately 2,000,000 children. (8) As of 2007, gay, lesbian, and bisexual parents were raising 4 percent of all adopted children and fostering for 3 percent of all foster children. A report from the Evan B. Donaldson Institute found that an additional 2,000,000 gay, lesbian, and bisexual individuals are interested in adoption. (9) According to the Urban Institute, same-sex couples raising adopted children tend to be older than, just as educated as, and have access to the same economic resources as other adoptive parents. Studies confirm that children with same-sex parents have the same advantages and same expectations for health, social and psychological adjustment, and development as children whose parents are heterosexual. (10) An Evan B. Donaldson Adoption Institute study found that one-third of child welfare agencies in the United States currently reject gay, lesbian, and bisexual applicants. (A) The practice of prohibiting applicants from becoming foster parents or adopting children solely on the basis of sexual orientation or marital status has resulted in reducing the number of qualified adoptive and foster parents overall and denying gay, lesbian, bisexual, and unmarried relatives the opportunity to become foster parents for their own kin, including grandchildren, or to adopt their own kin, including grandchildren, from foster care. (B) Over 14,000 children are currently in placements with gay, lesbian, and bisexual adoptive and foster parents. If other States followed the minority of States and discriminated against qualified individuals because of their sexual orientation or marital status, foster care expenditures would increase between $87,000,000 and $130,000,000 per year in order to pay for additional institutional and group care, as well as to recruit and train new foster and adoptive parents. (11) Some States allow 1 member of a same-sex couple to adopt, but do not recognize both members of the couple as the child's legal parents. Recognition of joint adoption provides children with the same rights and security that children of heterosexual parents enjoy. These protections include access to both parents' health benefits; survivor's, Social Security, and child support entitlements; legal grounds for either parent to provide consent for medical care, education, and other important decisions; as well as the establishment of permanency for both parents and child. (12) Professional organizations in the fields of medicine, psychology, law, and child welfare have taken official positions in support of the ability of qualified gay, lesbian, bisexual, and unmarried couples to foster and adopt, as supported by scientific research showing sexual orientation as a nondeterminative factor in parental success. (13) Discrimination against potential foster or adoptive parents based on sexual orientation, gender identity, or marital status is not in the best interests of children in the foster care system. (b) Purposes.--The purposes of this Act are to decrease the length of time that children wait for permanency with a loving family and to promote the best interests of children in the child welfare system by preventing discrimination in adoption and foster care placements based on sexual orientation, gender identity, or marital status. SEC. 3. EVERY CHILD DESERVES A FAMILY. (a) Activities.-- (1) Prohibition.--An entity that receives Federal assistance or contracts with an entity that receives Federal assistance, and is involved in adoption or foster care placements may not-- (A) deny to any person the opportunity to become an adoptive or a foster parent on the basis of the sexual orientation, gender identity, or marital status of the person, or the sexual orientation or gender identity of the child involved; (B) delay or deny the placement of a child for adoption or into foster care on the basis of the sexual orientation, gender identity, or marital status of any prospective adoptive or foster parent, or the sexual orientation or gender identity of the child; or (C) require different or additional screenings, processes, or procedures for adoptive or foster placement decisions on the basis of the sexual orientation, gender identity, or marital status of the prospective adoptive or foster parent, or the sexual orientation or gender identity of the child involved. (2) Definition.--In this subsection, the term ``placement decision'' means the decision to place, or to delay or deny the placement of, a child in a foster care or an adoptive home, and includes the decision of the agency or entity involved to seek the termination of birth parent rights or otherwise make a child legally available for adoptive placement. (b) Equitable Relief.--Any individual who is aggrieved by an action in violation of subsection (a) may bring an action seeking relief in a United States district court of appropriate jurisdiction. (c) Federal Guidance.--Not later than 6 months after the date of the enactment of this Act, the Secretary of Health and Human Services shall publish guidance to concerned entities with respect to compliance with this section. (d) Technical Assistance.--In order to ensure compliance with, and ensure understanding of the legal, practice, and culture changes required by, this Act in making foster care and adoption placement decisions, the Secretary shall provide technical assistance to all entities covered by this Act, including-- (1) identifying laws and regulations inconsistent with this Act and providing guidance and training to ensure the laws and regulations are brought into compliance within the prescribed period of time; (2) identifying casework practices and procedures inconsistent with this Act and providing guidance and training to ensure the practices and procedures are brought into compliance within the prescribed period of time; (3) providing guidance in expansion of recruitment efforts to ensure consideration of all interested and qualified prospective adoptive and foster parents regardless of the sexual orientation, gender identity, or marital status of the prospective parent; (4) comprehensive cultural competency training for covered entities and prospective adoptive and foster parents; and (5) training judges and attorneys involved in foster care and adoption cases on the findings and purposes of this Act. (e) Deadline for Compliance.-- (1) In general.--Except as provided in paragraph (2), an entity that receives Federal assistance and is involved with adoption or foster care placements shall comply with this section not later than 6 months after publication of the guidance referred to in subsection (c), or 1 year after the date of the enactment of this Act, whichever occurs first. (2) Authority to extend deadline.--If a State demonstrates to the satisfaction of the Secretary of Health and Human Services that it is necessary to amend State statutory law in order to change a particular practice that is inconsistent with this section, the Secretary may extend the compliance date for the State a reasonable number of days after the close of the 1st State legislative session beginning after the date the guidance referred to in subsection (c) is published. (3) Authority to withhold funds.--If a State fails to comply with this section, the Secretary may withhold payment to the State of amounts otherwise payable to the State under part B or E of title IV of the Social Security Act, to the extent the Secretary deems the withholding necessary to induce the State into compliance with this section. (f) GAO Study.-- (1) In general.--Within 5 years after the date of the enactment of this Act, the Comptroller General of the United States shall conduct a study to determine whether the States have substantially complied with this Act, including specifically whether the States have-- (A) eliminated policies, practices, or statutes that deny to any otherwise qualified person the opportunity to become an adoptive or foster parent on the basis of the sexual orientation, gender identity, or marital status of the person, or the sexual orientation or gender identity of the child involved; (B) removed all program, policy, or statutory barriers that delay or deny the placement of a child for adoption or into foster care on the basis of the sexual orientation, gender identity, or marital status of any qualified, prospective adoptive or foster parent, or the sexual orientation or gender identity of the child; and (C) eliminated all different or additional screenings, processes, or procedures for adoptive or foster placement decisions based on the sexual orientation, gender identity, or marital status of the prospective adoptive or foster parent, or the sexual orientation or gender identity of the child involved. (2) Report to the congress.--Within 1 year after completing the study required by paragraph (1), the Comptroller General shall submit to the Congress a written report that contains the results of the study.

Every Child Deserves a Family Act - Prohibits an entity that receives federal assistance and is involved in adoption or foster care placements from discriminating against prospective adoptive or foster parents solely on the basis of their sexual orientation, gender identification, or marital status or on the basis of the sexual orientation or gender identity of the child involved. Requires the Secretary of Health and Human Services (HHS), in order to ensure compliance with, and ensure understanding of the legal, practice, and culture changes required by this Act in making foster care and adoption placement decisions, to provide specified technical assistance to all entities covered by this Act. Requires a Government Accountability Office study whether states have substantially complied with this Act in eliminating policies, practices, or statutes that deny adoption rights on the basis of these criteria.

To prohibit discrimination in adoption or foster care placements based on the sexual orientation, gender identity, or marital status of any prospective adoptive or foster parent, or the sexual orientation or gender identity of the child involved.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Zimbabwe Democracy and Economic Recovery Amendment Act of 2018''. SEC. 2. RECONSTRUCTION AND REBUILDING OF ZIMBABWE. Section 2 of the Zimbabwe Democracy and Economic Recovery Act of 2001 (22 U.S.C. 2151 note; Public Law 107-99) is amended by striking ``and restore the rule of law'' and inserting ``restore the rule of law, reconstruct and rebuild Zimbabwe, and come to terms with the past through a process of genuine reconciliation that acknowledges past human rights abuses and orders inquiries into disappearances, including the disappearance of human rights activists, such as Patrick Nabanyama, Itai Dzamara, and Paul Chizuze''. SEC. 3. FINDINGS. Section 4(a) of the Zimbabwe Democracy and Economic Recovery Act of 2001 is amended-- (1) in paragraph (1), by striking ``costly deployment of troops to the Democratic Republic of the Congo'' and inserting ``private appropriation of public assets''; and (2) by adding at the end the following: ``(6) In October 2016, the Government of Zimbabwe cleared a small hurdle in its longstanding public sector arrears with the IMF.''. SEC. 4. PROVISIONS RELATED TO MULTILATERAL DEBT RELIEF AND OTHER FINANCIAL ASSISTANCE. Section 4(b)(2) of the Zimbabwe Democracy and Economic Recovery Act of 2001 is amended-- (1) in subparagraph (A), by striking ``to propose that the bank should undertake a review of the feasibility of restructuring, rescheduling, or eliminating the sovereign debt of Zimbabwe held by that bank'' and inserting ``to support efforts to reevaluate plans to restructure, rebuild, reschedule, or eliminate Zimbabwe's sovereign debt held by that bank and provide an analysis based on reasonable financial options to achieve those goals''; and (2) in subparagraph (B), by striking ``dollar'' and inserting ``currency''. SEC. 5. SENSE OF CONGRESS ON THE UNITED STATES-ZIMBABWE BILATERAL RELATIONSHIP. It is the sense of Congress that the United States should seek to forge a stronger bilateral relationship with Zimbabwe, including in the areas of trade and investment, if the following conditions are satisfied: (1) The Government of Zimbabwe takes the concrete, tangible steps outlined in paragraphs (1) through (4) of section 4(d) of the Zimbabwe Democracy and Economic Recovery Act of 2001, as amended by section 6 of this Act. (2) The Government of Zimbabwe takes concrete, tangible steps towards-- (A) good governance, including respect for the opposition, rule of law, and human rights; (B) economic reforms that promote growth, address unemployment and underdevelopment, restore livelihoods, ensure respect for contracts and private property rights, and promote significant progress toward monetary policy reforms, particularly with the Reserve Bank of Zimbabwe, and currency exchange reforms; and (C) identification and recovery of stolen private and public assets within Zimbabwe and in other countries. (3) The Government of Zimbabwe holds an election that is widely accepted as free and fair, based on the following pre- and post- election criteria or conditions: (A) Establishment and public release, without cost, of a provisional and a final voter registration roll. (B) The Zimbabwe Electoral Commission is permitted to entirely carry out the functions assigned to it under section 239 of Zimbabwe's 2013 Constitution in an independent manner, and the chairperson meets and consults regularly with representatives of political parties represented in the parliament of Zimbabwe and the parties contesting the elections. (C) Consistent with Zimbabwe's 2013 Constitution, the Defence Forces of Zimbabwe-- (i) are neither permitted to actively participate in campaigning for any candidate nor to intimidate voters; (ii) are required to verifiably and credibly uphold their constitutionally-mandated duty to respect the fundamental rights and freedoms of all persons and to be nonpartisan in character; and (iii) are not permitted to print, transfer, or control ballots or transmit the results of elections. (D) International observers, including observers from the United States, the African Union, the Southern African Development Community, and the European Union-- (i) are permitted to observe the entire electoral process prior to, on, and following voting day, including by monitoring polling stations and tabulation centers; and (ii) are able to independently access and analyze vote tallying tabulation and the transmission and content of voting results. (E) Candidates are allowed access to public broadcasting media during the election period, consistent with Zimbabwe's Electoral Act and are able to campaign in an environment that is free from intimidation and violence. (F) Civil society organizations are able to freely and independently carry out voter and civic education and monitor the entire electoral process, including by observing, recording, and transmitting publicly-posted or announced voting results at the ward, constituency, and all higher levels of the vote tallying process. (4) Laws enacted prior to the passage of Zimbabwe's March 2013 Constitution that are inconsistent with the new Constitution are amended, repealed, or subjected to a formal process for review and correction so that such laws are consistent with the new Constitution. (5) The Government of Zimbabwe-- (A) has made significant progress on the implementation of all elements of the new Constitution; and (B) has demonstrated its commitment to sustain such efforts in achieving full implementation of the new Constitution. (6) Traditional leaders of Zimbabwe observe section 281 of the 2013 Constitution and are not using humanitarian assistance provided by outside donor organizations or countries in a politicized manner to intimidate or pressure voters during the campaign period. SEC. 6. CERTIFICATION REQUIREMENTS. Section 4(d) of the Zimbabwe Democracy and Economic Recovery Act of 2001 is amended-- (1) in paragraph (3), by striking ``consistent with'' and all that follows through ``September 1998''; (2) by striking paragraph (4); and (3) by redesignating paragraph (5) as paragraph (4). SEC. 7. REMOVAL OF AUTHORITY TO PAY LAND ACQUISITION COSTS. Section 5(a) of the Zimbabwe Democracy and Economic Recovery Act of 2001 is amended-- (1) in paragraph (2), by striking ``, including the payment of costs'' and all that follows through ``thereto; and'' and inserting a semicolon; (2) in paragraph (3), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(4) identify and recover stolen public assets.''. SEC. 8. INCLUSION OF AUSTRALIA, THE UNITED KINGDOM, THE AFRICAN UNION, AND THE SOUTHERN AFRICAN DEVELOPMENT COMMUNITY IN CONSULTATIONS ABOUT ZIMBABWE. Section 6 of the Zimbabwe Democracy and Economic Recovery Act of 2001 is amended by inserting ``Australia, the United Kingdom, the African Union, the Southern African Development Community,'' after ``Canada,''. SEC. 9. SENSE OF CONGRESS ON ENFORCEMENT OF SOUTHERN AFRICAN DEVELOPMENT COMMUNITY TRIBUNAL RULINGS. It is the sense of Congress that the Government of Zimbabwe and the Southern African Development Community (referred to in this section as ``SADC'') should enforce the SADC tribunal rulings issued between 2007 to 2010, including 18 disputes involving employment, commercial, and human rights cases surrounding dispossessed Zimbabwean commercial farmers and agricultural companies. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Zimbabwe Democracy and Economic Recovery Amendment Act of 2018 This bill amends the Zimbabwe Democracy and Economic Recovery Act of 2001 to establish additional pre- and post- election conditions that Zimbabwe must satisfy in order to remove Department of the Treasury opposition to: (1) international financial institution loan, credit, or guarantee extensions to Zimbabwe; or (2) cancellation or reduction of debt owed by Zimbabwe to the United States or any international financial institution. The bill includes Australia and the United Kingdom in consultations regarding Zimbabwe's political violence and any future removal of related sanctions.

Zimbabwe Democracy and Economic Recovery Amendment Act of 2018

SECTION 1. SHORT TITLE. This Act may be cited as the ``Citizen Petition Fairness and Accuracy Act of 2006''. SEC. 2. CITIZEN PETITIONS AND PETITIONS FOR STAY OF AGENCY ACTION. Section 505(j)(5) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)(5)) is amended by adding at the end the following: ``(G)(i) Notwithstanding any other provision of law, any petition submitted under section 10.30 or section 10.35 of title 21, Code of Federal Regulations (or any successor regulation), shall include a statement that to the petitioner's best knowledge and belief, the petition-- ``(I) includes all information and views on which the petitioner relies, including all representative data and information known to the petitioner that is favorable or unfavorable to the petition; ``(II) is well grounded in fact and is warranted by law; ``(III) is not submitted for an improper purpose, such as to harass or cause unnecessary delay (including unnecessary delay of competition or agency action); and ``(IV) does not contain a materially false, misleading, or fraudulent statement. ``(ii) The Secretary shall investigate, on receipt of a complaint, a request under clause (vi), or on its own initiative, any petition submitted under such section 10.30 or section 10.35 (or any successor regulation), that-- ``(I) does not comply with the requirements of clause (i); ``(II) may have been submitted for an improper purpose as described in clause (i)(III); or ``(III) may contain a materially false, misleading, or fraudulent statement as described in clause (i)(IV). ``(iii) If the Secretary finds that the petitioner has knowingly and willingly submitted the petition for an improper purpose as described in clause (i)(III), or which contains a materially false, misleading, or fraudulent statement as described in clause (i)(IV), the Secretary may-- ``(I) impose a civil penalty of not more than $1,000,000, plus attorneys fees and costs of reviewing the petition and any related proceedings; ``(II) suspend the authority of the petitioner to submit a petition under such section 10.30 or section 10.35 (or any successor regulation), for a period of not more than 10 years; ``(III) revoke permanently the authority of the petitioner to submit a petition under such section 10.30 or section 10.35 (or any successor regulation); or ``(IV) dismiss the petition at issue in its entirety. ``(iv) If the Secretary takes an enforcement action described in subclause (I), (II), (III), or (IV) of clause (iii) with respect to a petition, the Secretary shall refer that petition to the Federal Trade Commission for further action as the Federal Trade Commission finds appropriate. ``(v) In determining whether to take an enforcement action described in subclause (I), (II), (III), or (IV) of clause (iii) with respect to a petition, and in determining the amount of any civil penalty or the length of any suspension imposed under that clause, the Secretary shall consider the specific circumstances of the situation, such as the gravity and seriousness of the violation involved, the amount of resources expended in reviewing the petition at issue, the effect on marketing of competing drugs of the pendency of the improperly submitted petition, including whether the timing of the submission of the petition appears to have been calculated to cause delay in the marketing of any drug awaiting approval, and whether the petitioner has a history of submitting petitions in violation of this subparagraph. ``(vi)(I) Any person aggrieved by a petition filed under such section 10.30 or section 10.35 (or any successor regulation), including a person filing an application under subsection (b)(2) or (j) of this section to which such petition relates, may request that the Secretary initiate an investigation described under clause (ii) for an enforcement action described under clause (iii). ``(II) The aggrieved person shall specify the basis for its belief that the petition at issue is false, misleading, fraudulent, or submitted for an improper purpose. The aggrieved person shall certify that the request is submitted in good faith, is well grounded in fact, and not submitted for any improper purpose. Any aggrieved person who knowingly and intentionally violates the preceding sentence shall be subject to the civil penalty described under clause (iii)(I). ``(vii) The Secretary shall take final agency action with respect to a petition filed under such section 10.30 or section 10.35 (or any successor regulation) within 6 months of receipt of such petition. The Secretary shall not extend such 6-month review period, even with consent of the petitioner, for any reason, including based upon the submission of comments relating to a petition or supplemental information supplied by the petitioner. If the Secretary has not taken final agency action on a petition by the date that is 6 months after the date of receipt of the petition, such petition shall be deemed to have been denied on such date. ``(viii) The Secretary may promulgate regulations to carry out this subparagraph, including to determine whether petitions filed under such section 10.30 or section 10.35 (or any successor regulation) merit enforcement action by the Secretary under this subparagraph.''.

Citizen Petition Fairness and Accuracy Act of 2006 - Amends the Federal Food, Drug, and Cosmetic Act to require that any citizen petition or request for stay of action related to an abbreviated new drug application include a statement that the petition: (1) includes all information and views on which the petitioner relies; (2) is well grounded in fact and warranted by law; (3) is not submitted for an improper purpose; and (4) does not contain a materially false, misleading, or fraudulent statement. Requires the Secretary of Health and Human Services to investigate any petition that does not comply. Allows the Secretary to impose penalties for knowingly and willfully submitting a petition for an improper purpose or that contains a materially false, misleading, or fraudulent statement. Provides that such penalties may include: (1) civil penalty; (2) suspension or revocation of the authority to submit a petition; and (3) dismissal of the petition. Requires the Secretary to refer such a violative petition to the Federal Trade Commission (FTC) for further action. Sets forth the factors that the Secretary shall consider in taking an enforcement action or determining the penalty. Permits any person aggrieved by a petition that may contain violations to request the Secretary to investigate. Subjects knowing and intentional violative requests to civil penalties. Requires the Secretary to take final agency action on such a petition within six months.

A bill to amend the Federal Food, Drug, and Cosmetic Act to establish requirements for certain petitions submitted to the Food and Drug Administration, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Pro bono Work to Empower and Represent Act of 2018'' or the ``POWER Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Extremely high rates of domestic violence, dating violence, sexual assault, and stalking exist at the local, State, tribal, and national levels and such violence or behavior harms the most vulnerable members of our society. (2) According to a study commissioned by the Department of Justice, nearly 25 percent of women suffer from domestic violence during their lifetime. (3) Proactive efforts should be made available in all forums to provide pro bono legal services and eliminate the violence that destroys lives and shatters families. (4) A variety of factors cause domestic violence, dating violence, sexual assault, and stalking, and a variety of solutions at the local, State, and national levels are necessary to combat such violence or behavior. (5) According to the National Network to End Domestic Violence, which conducted a census including almost 1,700 assistance programs, over the course of 1 day in September 2014, more than 10,000 requests for services, including legal representation, were not met. (6) Pro bono assistance can help fill this need by providing not only legal representation, but also access to emergency shelter, transportation, and childcare. (7) Research and studies have demonstrated that the provision of legal assistance to victims of domestic violence, dating violence, sexual assault, and stalking reduces the probability of such violence or behavior reoccurring in the future and can help survivors move forward. (8) Legal representation increases the possibility of successfully obtaining a protective order against an attacker, which prevents further mental and physical injury to a victim and his or her family, as demonstrated by a study that found that 83 percent of victims represented by an attorney were able to obtain a protective order, whereas only 32 percent of victims without an attorney were able to do so. (9) The American Bar Association Model Rules include commentary stating that ``every lawyer, regardless of professional prominence or professional workload, has a responsibility to provide legal services to those unable to pay, and personal involvement in the problems of the disadvantaged can be one of the most rewarding experiences in the life of a lawyer''. (10) As leaders in their legal communities, judges in district courts should encourage lawyers to provide pro bono resources in an effort to help victims of such violence or behavior escape the cycle of abuse. (11) A dedicated army of pro bono attorneys focused on this mission will inspire others to devote efforts to this cause and will raise awareness of the scourge of domestic violence, dating violence, sexual assault, and stalking throughout the country. (12) Communities, by providing awareness of pro bono legal services and assistance to survivors of domestic violence, dating violence, sexual assault, and stalking, will empower those survivors to move forward with their lives. SEC. 3. DISTRICT COURTS TO PROMOTE EMPOWERMENT EVENTS. (a) In General.--Not later than 1 year after the date of enactment of this Act, and annually thereafter for a period of 4 years, the chief judge, or his or her designee, for each judicial district shall lead not less than one public event, in partnership with a State, local, tribal, or territorial domestic violence service provider or coalition and a State or local volunteer lawyer project, promoting pro bono legal services as a critical way in which to empower survivors of domestic violence, dating violence, sexual assault, and stalking and engage citizens in assisting those survivors. (b) Districts Containing Indian Tribes and Tribal Organizations.-- During each 2-year period, the chief judge, or his or her designee, for a judicial district that contains an Indian tribe or tribal organization (as those terms are defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304)) shall lead not less than one public event promoting pro bono legal services under subsection (a) of this section in partnership with an Indian tribe or tribal organization with the intent of increasing the provision of pro bono legal services for Indian or Alaska Native victims of domestic violence, dating violence, sexual assault, and stalking. (c) Requirements.--Each chief judge shall-- (1) have discretion as to the design, organization, and implementation of the public events required under subsection (a); and (2) in conducting a public event under subsection (a), seek to maximize the local impact of the event and the provision of access to high-quality pro bono legal services by survivors of domestic violence, dating violence, sexual assault, and stalking. SEC. 4. REPORTING REQUIREMENTS. (a) Report to the Director of the Administrative Office of the United States Courts.--Not later than October 30 of each year, each chief judge shall submit to the Director of the Administrative Office of the United States Courts a report detailing each public event conducted under section 3 during the previous fiscal year. (b) Report to Congress.-- (1) In general.--Not later than January 1 of each year, the Director of the Administrative Office of the United States Courts shall submit to Congress a compilation and summary of each report received under subsection (a) for the previous fiscal year. (2) Requirement.--Each comprehensive report submitted under paragraph (1) shall include an analysis of how each public event meets the goals set forth in this Act, as well as suggestions on how to improve future public events. SEC. 5. FUNDING. The Administrative Office of the United States Courts shall use existing funds to carry out the requirements of this Act. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Pro bono Work to Empower and Represent Act of 2018 or the POWER Act (Sec. 3) This bill requires the chief judge for each judicial district to conduct public events to promote pro bono legal services for survivors of domestic violence, dating violence, sexual assault, and stalking. Additionally, the chief judge for a judicial district that contains an Indian tribe or tribal organization must conduct, at least once during each two-year period, a public event to promote pro bono legal services for Indian or Alaska Native victims of domestic violence, dating violence, sexual assault, and stalking. A chief judge must, in conducting public events, seek to maximize the local impact and the provision of high-quality pro bono legal services to survivors. (Sec. 4) Chief judges must report to the Administrative Office of the U.S. Courts on the public events they conduct. The Administrative Office of the U.S. Courts must compile and summarize the reports and submit them to Congress.

Pro bono Work to Empower and Represent Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Responsible Implementation of Flood Insurance Reform Act of 2013''. SEC. 2. CLARIFICATION ON APPLICATION OF CERTAIN PREMIUM ADJUSTMENTS UNDER THE BIGGERT-WATERS FLOOD INSURANCE REFORM ACT OF 2012. (a) Clarification.--Section 1308(h) of the National Flood Insurance Act of 1968 (42 U.S.C. 4015(h)) is amended-- (1) by striking ``Notwithstanding'' and inserting ``(1) In general.--Notwithstanding''; and (2) by adding at the end the following: ``(2) Applicability.--The requirements under paragraph (1) shall only apply with respect to any property located in an area-- ``(A) that is participating in the national flood insurance program; and ``(B) for which the Administrator has published in the Federal Register projected base flood elevations and designations of areas having special flood hazards under section 1363(a) on or after December 31, 2013.''. (b) Effective Date.--The amendments made by subsection (a) shall take effect as if enacted as part of the Biggert-Waters Flood Insurance Reform Act of 2012 (Public Law 112-141; 126 Stat. 916). SEC. 3. PHASE-IN OF ACTUARIAL RATES FOR NEWLY PURCHASED HOMES. (a) In General.--Section 1308(e) of the National Flood Insurance Act of 1968 (42 U.S.C. 4015(e)) is amended-- (1) in paragraph (1), by striking ``and'' at the end; (2) in paragraph (2), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(3) not subject to the phase-in requirement under paragraph (2), which are sold on or after the date of enactment of the Biggert-Waters Flood Insurance Reform Act of 2012, and notwithstanding the requirements of section 1307(g), shall be increased by 20 percent each year, beginning in the year after the first such sale, until the average risk premium rate for such properties is equal to the average of the risk premium rates for properties described in paragraph (1).''. (b) Effective Date.--The amendments made by subsection (a) shall take effect as if enacted as part of the Biggert-Waters Flood Insurance Reform Act of 2012 (Public Law 112-141; 126 Stat. 916). SEC. 4. LOCAL CHOICE TO PROTECT HOMEOWNERS. The National Flood Insurance Act of 1968 (42 U.S.C. 4001 et seq.) is amended by inserting after section 1308 the following: ``SEC. 1308A. STATE AND LOCAL GOVERNMENT FLEXIBILITY. ``(a) In General.--The Administrator shall establish a means by which a State or local government may, on its own accord or in conjunction with other State or local governments, submit such payments to the Administrator as are necessary to fully cover the cost of any premium for any property within the jurisdiction of the State or local government. ``(b) Risk Premium Rate.--The Administrator shall require that the amount of any payment from a State or local government under subsection (a) be consistent with sections 1307 and 1308.''. SEC. 5. MITIGATION ASSISTANCE FOR HOMEOWNERS. Section 404 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170c) is amended by adding at the end the following: ``(f) Special Provision Relating to Flood Mitigation.-- ``(1) Definition.--In this subsection, the term `eligible property' means-- ``(A) a property-- ``(i) described in paragraph (1) or (2) of section 1307(g) of the National Flood Insurance Act of 1968 (42 U.S.C. 4014(g)); ``(ii) for which a policy under the flood insurance program has lapsed in coverage, as a result of the deliberate choice of the holder of such policy, as described in paragraph (3) of section 1307(g) of the National Flood Insurance Act of 1968 (42 U.S.C. 4014(g)); or ``(iii) with respect to which a prospective insured refuses to accept any offer for mitigation assistance by the Administrator of the Federal Emergency Management Agency (including an offer to relocate), as described in paragraph (4) of section 1307(g) of the National Flood Insurance Act of 1968 (42 U.S.C. 4014(g)); and ``(B) a property for which the risk premium rate for flood insurance coverage under the National Flood Insurance Program increases under section 1308(h) of the National Flood Insurance Act of 1968 (42 U.S.C. 4015(h)) on or after July 6, 2012. ``(2) Mitigation against future flooding.--In providing hazard mitigation assistance under this section in connection with flooding, the Administrator of the Federal Emergency Management Agency shall ensure that not less than 25 percent of the estimated aggregate amount of such assistance provided to a grant recipient is used to elevate, acquire, or relocate eligible properties, to the extent that eligible properties exist within the jurisdiction of the grant recipient.''. SEC. 6. CONSTRUCTION AND RESTORATION OF FLOOD PROTECTION SYSTEMS. (a) Adequate Progress on Construction of Flood Protection Systems.--Section 1307(e) of the National Flood Insurance Act of 1968 (42 U.S.C. 4014(e)) is amended by inserting after the second sentence the following: ``Notwithstanding any other provision of law, in determining whether a community has made adequate progress on the construction, reconstruction, or improvement of a flood protection system, the Administrator shall not consider the level of Federal funding of or participation in the construction, reconstruction, or improvement.''. (b) Communities Restoring Disaccredited Flood Protection Systems.-- Section 1307(f) of the National Flood Insurance Act of 1968 (42 U.S.C. 4014(f)) is amended in the first sentence by striking ``no longer does so.'' and inserting the following: ``no longer does so, and shall apply without regard to the level of Federal funding of or participation in the construction, reconstruction, or improvement of the flood protection system.''. SEC. 7. APPROPRIATE CREDIT FOR FLOOD CONTROL STRUCTURES. Section 1360 of the National Flood Insurance Act of 1968 (42 U.S.C. 4101) is amended by adding at the end the following: ``(k) Actual Protection Provided by Levee Systems.--The Administrator may not issue a flood insurance rate map or an update to a flood insurance rate map for an area unless-- ``(1) the flood insurance rate map or update adequately reflects the protection provided by any levee system in the area against the base flood, regardless of the accreditation status of the levee system under section 65.10 of title 44, Code of Federal Regulations, or any successor thereto; or ``(2) the community in which any levee system in the area is located elects not to provide the data necessary for the Administrator to issue a flood insurance rate map or update that adequately reflects the protection provided by the levee system against the base flood.''.

Responsible Implementation of Flood Insurance Reform Act of 2013 - Amends the National Flood Insurance Act of 1968 to limit the requirements for flood insurance premium rate adjustments to reflect the current risk of flood only to property located in an area participating in the national flood insurance program for which the Administrator of the Federal Emergency Management Agency (FEMA) has published in the Federal Register projected base flood elevations and designations of areas having specified flood hazards on or after December 31, 2013. Increases by 20% annually the flood insurance risk premium rates for certain properties sold on or after enactment of the Biggert-Waters Flood Insurance Reform Act of 2012 (July 6, 2012), and which are not subject to a specified 25% per year phase-in, until the average risk premium rate for such properties is equal to the average of the risk premium rates for properties within a specified single risk classification. Directs FEMA to establish a means by which a state or local government may submit to FEMA payments to fully cover the cost of any premium for property within its jurisdiction. Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to direct FEMA, in providing hazard mitigation assistance in connection with flooding, to ensure that not less than 25% of the estimated aggregate amount of such assistance is used by a grant recipient to elevate, acquire, or relocate eligible properties within the recipient's jurisdiction. Prohibits FEMA, in determining whether a community has made adequate progress on the construction, reconstruction, or improvement of a flood protection system, from considering the level of federal funding or participation in such efforts. Revises requirements for the availability of flood insurance in a community which FEMA has determined to be in the process of restoring flood protection afforded by a system previously accredited on a Flood Insurance Rate Map as providing 100-year frequency flood protection but no longer does so. Declares that such requirements shall apply without regard to the level of federal funding of or participation in the construction, reconstruction, or improvement of the flood protection system. Prohibits FEMA from issuing a flood insurance rate map, or an update to one, unless: (1) the map or update adequately reflects the protection provided by any levee system in the area against the base flood, regardless of the system's accreditation status; or (2) the community in which any levee system is located elects not to provide the data necessary for FEMA to issue either a map or an update that adequately reflects the protection the system provides against the base flood.

Responsible Implementation of Flood Insurance Reform Act of 2013

SECTION 1. ALIEN GANG MEMBERS. (a) Definition.--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)(A) The term `criminal gang' means an ongoing group, club, organization, or association of 5 or more persons-- ``(i)(I) that has as one of its primary purposes the commission of 1 or more of the criminal offenses described in subparagraph (B); and ``(II) the members of which engage, or have engaged within the past 5 years, in a continuing series of offenses described in subparagraph (B); or ``(ii) that has been designated as a criminal gang under section 220 by the Secretary of Homeland Security, in consultation with the Attorney General, or the Secretary of State. ``(B) The offenses described in this subparagraph, whether in violation of Federal or State law or foreign law and regardless of whether the offenses occurred before, on, or after the date of the enactment of this paragraph, are the following: ``(i) A `felony drug offense' (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)). ``(ii) An offense under section 274 (relating to bringing in and harboring certain aliens), section 277 (relating to aiding or assisting certain aliens to enter the United States), or section 278 (relating to importation of alien for immoral purpose). ``(iii) A crime of violence (as defined in section 16 of title 18, United States Code). ``(iv) A crime involving obstruction of justice, tampering with or retaliating against a witness, victim, or informant, or burglary. ``(v) Any conduct punishable under sections 1028 and 1029 of title 18, United States Code (relating to fraud and related activity in connection with identification documents or access devices), sections 1581 through 1594 of such title (relating to peonage, slavery and trafficking in persons), section 1952 of such title (relating to interstate and foreign travel or transportation in aid of racketeering enterprises), section 1956 of such title (relating to the laundering of monetary instruments), section 1957 of such title (relating to engaging in monetary transactions in property derived from specified unlawful activity), or sections 2312 through 2315 of such title (relating to interstate transportation of stolen motor vehicles or stolen property). ``(vi) A conspiracy to commit an offense described in clauses (i) through (v). ``(C) Notwithstanding any other provision of law (including any effective date), the term `criminal gang' applies regardless of whether the conduct occurred before, on, or after the date of the enactment of this paragraph.''. (b) Inadmissibility.--Section 212(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(2)) is amended by adding at the end the following: ``(J) Aliens associated with criminal gangs.--Any alien is inadmissible if a consular officer, the Secretary of Homeland Security, or the Attorney General knows or has reason to believe that the alien-- ``(i) is or has been a member of a criminal gang; or ``(ii) has participated in the activities of a criminal gang knowing or having reason to know that such activities will promote, further, aid, or support the illegal activity of the criminal gang.''. (c) Deportability.--Section 237(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1227(a)(2)) is amended by adding at the end the following: ``(G) Aliens associated with criminal gangs.--Any alien is deportable if the Secretary of Homeland Security or the Attorney General knows or has reason to believe that the alien-- ``(i) is or has been a member of a criminal gang; or ``(ii) has participated in the activities of a criminal gang, knowing or having reason to know that such activities will promote, further, aid, or support the illegal activity of the criminal gang.''. (d) Designation.-- (1) In general.--Chapter 2 of title II of the Immigration and Nationality Act (8 U.S.C. 1181 et seq.) is amended by inserting after section 219 the following: ``SEC. 220. DESIGNATION OF CRIMINAL GANGS. ``(a) In General.--The Secretary of Homeland Security, in consultation with the Attorney General, or the Secretary of State may designate a group or association as a criminal gang if their conduct is described in section 101(a)(53) or if the group or association conduct poses a significant risk that threatens the security and the public safety of nationals of the United States or the national security, homeland security, foreign policy, or economy of the United States. ``(b) Effective Date.--A designation made under subsection (a) shall remain in effect until the designation is revoked after consultation between the Secretary of Homeland Security, the Attorney General, and the Secretary of State or is terminated in accordance with Federal law.''. (2) Clerical amendment.--The table of contents in the first section of the Immigration and Nationality Act is amended by inserting after the item relating to section 219 the following: ``220. Designation of criminal gangs.''. (e) Mandatory Detention of Criminal Gang Members.-- (1) In general.--Section 236(c)(1)(D) of the Immigration and Nationality Act (8 U.S.C. 1226(c)(1)(D)) is amended-- (A) by striking ``section 212(a)(3)(B)'' and inserting ``paragraph (2)(J) or (3)(B) of section 212(a)''; and (B) by striking ``237(a)(4)(B),'' and inserting ``paragraph (2)(G) or (4)(B) of section 237(a),''. (2) Annual report.--Not later than March 1 of each year (beginning 1 year after the date of the enactment of this Act), the Secretary of Homeland Security, after consultation with the appropriate Federal agencies, shall submit a report to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives on the number of aliens detained under the amendments made by paragraph (1). (f) Asylum Claims Based on Gang Affiliation.-- (1) Inapplicability of restriction on removal to certain countries.--Section 241(b)(3)(B) of the Immigration and Nationality Act (8 U.S.C. 1231(b)(3)(B)) is amended, in the matter preceding clause (i), by inserting ``who is described in section 212(a)(2)(J)(i) or section 237(a)(2)(G)(i) or who is'' after ``to an alien''. (2) Ineligibility for asylum.--Section 208(b)(2)(A) of the Immigration and Nationality Act (8 U.S.C. 1158(b)(2)(A)) is amended-- (A) in clause (v), by striking ``or'' at the end; (B) by redesignating clause (vi) as clause (vii); and (C) by inserting after clause (v) the following: ``(vi) the alien is described in section 212(a)(2)(J)(i) or section 237(a)(2)(G)(i) (relating to participation in criminal gangs); or''. (g) Temporary Protected Status.--Section 244 of the Immigration and Nationality Act (8 U.S.C. 1254a) is amended-- (1) by striking ``Attorney General'' each place that term appears and inserting ``Secretary of Homeland Security''; (2) in subparagraph (c)(2)(B)-- (A) in clause (i), by striking ``States, or'' and inserting ``States;''; (B) in clause (ii), by striking the period and inserting ``; or''; and (C) by adding at the end the following: ``(iii) the alien is a member of a criminal gang.''; and (3) in subsection (d)-- (A) by striking paragraph (3); and (B) in paragraph (4), by adding at the end the following: ``The Secretary of Homeland Security may detain an alien provided temporary protected status under this section whenever appropriate under any other provision of law.''. (h) Special Immigrant Juvenile Visas.--Section 101(a)(27)(J)(iii) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(27)(J)(iii)) is amended-- (1) in subclause (I), by striking ``and''; (2) in subclause (II), by inserting ``and'' at the end; and (3) by adding at the end the following: ``(III) no alien who is a member of a criminal gang shall be eligible for any immigration benefit under this subparagraph;''. (i) Deferred Action.--An alien described in section 212(a)(2)(J) of the Immigration and Nationality Act, as added by subsection (b), shall not be eligible for deferred action. (j) Parole.--An alien described in section 212(a)(2)(J) of the Immigration and Nationality Act, as added by subsection (b), shall not be eligible for parole under section 212(d)(5)(A) of such Act unless-- (1) the alien is assisting or has assisted the United States Government in a law enforcement matter, including a criminal investigation; and (2) the alien's presence in the United States is required by the Government with respect to such assistance. (k) Effective Date.--The amendments made by this section-- (1) shall take effect on the date of the enactment of this Act; and (2) shall apply to acts that occur before, on, or after such date. SEC. 2. MANDATORY EXPEDITED REMOVAL OF DANGEROUS CRIMINALS, TERRORISTS, AND GANG MEMBERS. (a) In General.--Notwithstanding any other provision of law, an immigration officer who finds an alien described in subsection (b) at a land border or port of entry of the United States and determines that such alien is inadmissible under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) shall treat such alien in accordance with section 235 of the Immigration and Nationality Act (8 U.S.C. 1225). (b) Threats to Public Safety.--An alien described in this subsection is an alien who the Secretary of Homeland Security determines, or has reason to believe-- (1) has been convicted of any offense carrying a maximum term of imprisonment of more than 180 days; (2) has been convicted of an offense which involved-- (A) domestic violence (as defined in section 40002(a) of the Violence Against Women Act of 1994 (42 U.S.C. 13925(a)); (B) child abuse and neglect (as defined in section 40002(a) of the Violence Against Women Act of 1994 (42 U.S.C. 13925(a)); (C) assault resulting in bodily injury (as defined in section 2266 of title 18, United States Code); (D) the violation of a protection order (as defined in section 2266 of title 18, United States Code); (E) driving while intoxicated (as defined in section 164 of title 23, United States Code); or (F) any offense under foreign law, except for a purely political offense, which, if the offense had been committed in the United States, would render the alien inadmissible under section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)); (3) has been convicted of more than 1 criminal offense (other than minor traffic offenses); (4) has engaged in, is engaged in, or is likely to engage after entry in any terrorist activity (as defined in section 212(a)(3)(B)(iii) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B)(iii)), or intends to participate or has participated in the activities of a foreign terrorist organization (as designated under section 219 of the Immigration and Nationality Act (8 U.S.C. 1189)); (5) is or was a member of a criminal street gang (as defined in paragraph (53) of section 101(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a)), as added by section 1101(a)); or (6) has entered the United States more than 1 time in violation of section 275(a) of the Immigration and Nationality Act (8 U.S.C. 1325(a)), knowing that the entry was unlawful.

This bill amends the Immigration and Nationality Act to define "criminal gang." An alien who is or was a member of a criminal gang, or who participated in gang activity knowing that such participation will promote the gang's illegal activity, shall be inadmissible and deportable. The Department of Homeland Security may designate a group or association as a criminal gang. Detention shall be mandatory for anyone found inadmissible or deportable for criminal street gang membership. Individuals found inadmissible or deportable for criminal gang membership shall be barred from: asylum; withholding of removal; temporary protected status; special immigrant juvenile status; deferred action; and parole, unless assisting the United States in a law enforcement matter and required by the government to be present with respect to such assistance. An alien found at a U.S. land border or port of entry who is determined to be inadmissible and a threat to public safety (certain criminals, terrorists, street gang members) shall be subject to expedited removal.

A bill to make aliens associated with a criminal gang inadmissible, deportable, and ineligible for various forms of relief.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Social Security Number Fraud and Identity Theft Prevention Act''. SEC. 2. SHARING OF SOCIAL SECURITY DATA FOR IMMIGRATION ENFORCEMENT PURPOSES. (a) Social Security Account Numbers.--Section 264(f) of the Immigration and Nationality Act (8 U.S.C. 1304(f)) is amended to read as follows: ``(f) Notwithstanding any other provision of law (including section 6103 of the Internal Revenue Code of 1986), the Secretary of Homeland Security, the Secretary of Labor, and the Attorney General are authorized to require an individual to provide the individual's social security account number for purposes of inclusion in any record of the individual maintained by either such Secretary or the Attorney General, or of inclusion in any application, document, or form provided under or required by the immigration laws.''. (b) Exchange of Information.--Section 290(c) of the Immigration and Nationality Act (8 U.S.C. 1360(c)) is amended by striking paragraph (2) and inserting the following new paragraphs: ``(2)(A) Notwithstanding any other provision of law (including section 6103 of the Internal Revenue Code of 1986), if earnings are reported on or after January 1, 1997, to the Social Security Administration on a social security account number issued to an alien not authorized to work in the United States, the Commissioner of Social Security shall provide the Secretary of Homeland Security with information regarding the name, date of birth, and address of the alien, the name and address of the person reporting the earnings, and the amount of the earnings. ``(B) The information described in subparagraph (A) shall be provided in an electronic form agreed upon by the Commissioner and the Secretary. ``(3)(A) Notwithstanding any other provision of law (including section 6103 of the Internal Revenue Code of 1986), if a social security account number was used with multiple names, the Commissioner of Social Security shall provide the Secretary of Homeland Security with information regarding the name, date of birth, and address of each individual who used that social security account number, and the name and address of the person reporting the earnings for each individual who used that social security account number. ``(B) The information described in subparagraph (A) shall be provided in an electronic form agreed upon by the Commissioner and the Secretary for the sole purpose of enforcing the immigration laws. ``(C) The Secretary, in consultation with the Commissioner, may limit or modify the requirements of this paragraph, as appropriate, to identify the cases posing the highest possibility of fraudulent use of social security account numbers related to violation of the immigration laws. ``(4)(A) Notwithstanding any other provision of law (including section 6103 of the Internal Revenue Code of 1986), if more than one person reports earnings for an individual during a single tax year, the Commissioner of Social Security shall provide the Secretary of Homeland Security information regarding the name, date of birth, and address of the individual, and the name and address of the each person reporting earnings for that individual. ``(B) The information described in subparagraph (A) shall be provided in an electronic form agreed upon by the Commissioner and the Secretary for the sole purpose of enforcing the immigration laws. ``(C) The Secretary, in consultation with the Commissioner, may limit or modify the requirements of this paragraph, as appropriate, to identify the cases posing the highest possibility of fraudulent use of social security account numbers related to violation of the immigration laws. ``(5)(A) The Commissioner of Social Security shall perform, at the request of the Secretary of Homeland Security, a search or manipulation of records held by the Commissioner if the Secretary certifies that the purpose of the search or manipulation is to obtain information that is likely to assist in identifying individuals (and their employers) who are using false names or social security account numbers, who are sharing a single valid name and social security account number among multiple individuals, who are using the social security account number of a person who is deceased, too young to work, or not authorized to work, or who are otherwise engaged in a violation of the immigration laws. The Commissioner shall provide the results of such search or manipulation to the Secretary, notwithstanding any other provision law (including section 6103 of the Internal Revenue Code of 1986). ``(B) The Secretary shall transfer to the Commissioner the funds necessary to cover the costs directly incurred by the Commissioner in carrying out each search or manipulation requested by the Secretary under subparagraph (A).''. (c) False Claims of Citizenship by Nationals of the United States.--Section 212(a)(6)(C)(ii)(I) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(6)(C)(ii)(I)) is amended by inserting ``or national'' after ``citizen''.

Social Security Number Fraud and Identity Theft Prevention Act - Amends the Immigration and Nationality Act to authorize the Secretary of the Department of Homeland Security (DHS), the Secretary of Labor, and the Attorney General to require an individual to provide the individual's Social Security account number for inclusion in any: (1) record of the individual maintained by either such Secretary or the Attorney General; or (2) any application, document, or form provided under or required by the immigration laws. (Currently, the Attorney General is authorized to require any alien to provide a Social Security account number for inclusion in any record maintained by the Attorney General or the Bureau of Citizenship and Immigration Services.) Requires the Commissioner of Social Security, if a Social Security account number has been used multiple times, to provide the DHS Secretary with information regarding: (1) the name, date of birth, and address of each individual who used the same Social Security account number; and (2) the name and address of the person reporting the earnings for each such individual. Requires the Commissioner to provide such information to the DHS Secretary, in an electronic form, if more than one person reports earnings for an individual during a single tax year. Directs the Commissioner, at the DHS Secretary's request and expense, to perform and report on a search or manipulation of Social Security Commission records if the Secretary certifies that the purpose is to obtain information likely to assist in identifying individuals (and their employers) who are: (1) using false names or Social Security account numbers; (2) sharing a single valid name and Social Security account number among multiple individuals; (3) using the Social Security account number of a person who is deceased, too young to work, or not authorized to work; or (4) otherwise engaged in a violation of the immigration laws. Declares inadmissible to receive visas and to be admitted to the United States any alien who falsely represents himself or herself to be a U.S. national for any purpose or benefit under immigration and nationality or any other federal or state law.

A bill to prevent the fraudulent use of social security account numbers by allowing the sharing of social security data among agencies of the United States for identity theft prevention and immigration enforcement purposes, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Rights of Intellectual Property Owners Fairness Facilitation Act of 1997''. SEC. 2. FINDINGS. Congress makes the following findings: (1) United States industry loses billions of dollars each year to countries that do not provide adequate protection of intellectual property rights. (2) According to the Department of Commerce, United States companies lose approximately $50,000,000,000 annually as a result of violations of intellectual property rights by foreign countries. (3) It is in the interest of the United States to leverage its foreign policy to achieve certain trade policy objectives, such as adequate, effective, and timely protection of intellectual property rights. (4) Several countries that qualify under the generalized system of preferences provisions have been identified under section 182 of the Trade Act of 1974 (19 U.S.C. 2242) as countries that do not provide adequate and effective protection of patents, copyrights, and trademarks or deny fair and equitable market access to United States persons that rely on intellectual property rights protection. (5) Several countries that receive United States foreign assistance also have been identified under section 182 of the Trade Act of 1974 as countries that do not provide adequate and effective protection of patents, copyrights, and trademarks or deny fair and equitable market access to United States persons that rely on intellectual property rights protection. SEC. 3. COUNTRIES INELIGIBLE FOR GSP TREATMENT. (a) In General.-- (1) Implementation of agreement on trips and other agreements relating to intellectual property rights.--Section 502(b)(2) of the Trade Act of 1974 (19 U.S.C. 2462(b)(2)) is amended-- (A) by inserting immediately after subparagraph (G) the following new subparagraphs: ``(H) Such country is not implementing parts I, II, and III of the Agreement on TRIPS-- ``(i) beginning on the date that is 1 year after the date of enactment of the Rights of Intellectual Property Owners Fairness Facilitation Act of 1997; or ``(ii) by January 1, 2000, in the case of a least-developed beneficiary developing country. ``(I) Beginning on the date that is 90 days after the date of enactment of the Rights of Intellectual Property Owners Fairness Facilitation Act of 1997, such country is not implementing-- ``(i) article 70(9) of part VII of the Agreement on TRIPS; or ``(ii) any bilateral or multilateral agreement (other than an agreement described in subparagraph (H) or clause (i)) to protect and enforce intellectual property rights entered into with the United States.''. (B) in the last sentence, by striking ``(D), (E), (F), and (G)'' and inserting ``(D), (E), (F), (G), (H), and (I)''. (2) Conforming amendment.--Section 507 of such Act (19 U.S.C. 2467) is amended by adding at the end the following new paragraph: ``(6) Agreement on trips.-- ``(A) TRIPS.--The term `Agreement on TRIPS' means the Agreement on Trade-Related Aspects of Intellectual Property Rights entered into as part of the Uruguay Round Agreements. ``(B) Uruguay round agreements.--The term `Uruguay Round Agreements' means the trade agreements resulting from the Uruguay Round of multilateral trade negotiations under the auspices of the General Agreement on Tariffs and Trade.''. (b) Designation as Eligible GSP Country.--Section 502 of such Act (19 U.S.C. 2462) is amended by adding at the end the following new subsection: ``(g) Designation Where Country Adheres to the Agreement on TRIPS and Other Intellectual Property Rights Agreements; Annual Reports.-- ``(1) Designation as beneficiary developing country.--A country-- ``(A) which has been denied designation as a beneficiary developing country on the basis of subsection (b)(2)(H) or (I), or ``(B) with respect to which such designation has been withdrawn or suspended based on subsection (b)(2) (H) or (I), may be designated as a beneficiary developing country under this title, if the President determines that the country is fully implementing parts I, II, III and article 70(9) of part VII of the Agreement on TRIPS, and any other agreement entered into with the United States that relates to intellectual property rights, and reports the determination to Congress. ``(2) Reports.-- ``(A) Annual reports.--Not later than the date that is 1 year after the date of enactment of the Rights of Intellectual Property Owners Fairness Facilitation Act of 1997, and annually thereafter, the President shall determine whether each country designated as a beneficiary developing country under this title is fully implementing parts I, II, and III of the Agreement on TRIPS and shall report such findings to Congress. ``(B) Other reports.--Not later than 90 days after the date of enactment of the Rights of Intellectual Property Owners Fairness Facilitation Act of 1997, and annually thereafter, the President shall determine whether each country designated as a beneficiary developing country under this title is fully implementing article 70(9) of part VII of the Agreement on TRIPS and any other agreement entered into with the United States that relates to intellectual property rights and shall report such determination to Congress.''. SEC. 4. COORDINATION OF TRADE POLICY AND FOREIGN POLICY. (a) Other Efforts To Improve Protection of Intellectual Property Rights.--The United States Trade Representative shall notify the Secretary of State, the Secretary of Commerce, and the Administrator of the Agency for International Development on a regular basis of any country which is not fully implementing parts I, II, III and article 70(9) of part VII of the Agreement on TRIPS, and any other agreement entered into with the United States that relates to intellectual property rights. (b) Encouraging Implementation of Agreement on TRIPS.--The Secretary of State, the Secretary of Commerce, and the Administrator of the Agency for International Development shall cooperate with the United States Trade Representative by encouraging any country that receives foreign assistance and is not fully implementing the Agreement on TRIPS or any other agreement entered into with the United States that relates to intellectual property rights to enact and enforce laws that will enable the country to implement the Agreement on TRIPS and any other intellectual property rights agreement. To further this objective, the Secretary of State shall instruct the head of each United States diplomatic mission abroad to include intellectual property rights protection as a priority objective of the mission. (c) Other Actions To Encourage Protection of Intellectual Property Rights.--Notwithstanding any other provision of law, the President is authorized to undertake the following actions, where appropriate, with respect to a developing country to encourage and help the country improve the protection of intellectual property rights: (1) Provide Overseas Private Investment Corporation insurance for intellectual property assets. (2) Require foreign assistance programs to provide support for the development of national intellectual property laws and regulations and for the development of the infrastructure necessary to protect intellectual property rights. (3) Establish technical cooperation committees on intellectual property standards within regional organizations. (4) Establish, as a joint effort between the United States Government and the private sector, a council to facilitate and provide intellectual property-related technical assistance through the Agency for International Development and the Department of Commerce. (5) Require United States representatives to multilateral lending institutions to seek the establishment of programs within the institutions to support strong intellectual property rights protection in recipient countries that have fully implemented parts I, II, III and article 70(9) of part VII of the Agreement on TRIPS, and any other agreement entered into with the United States that relates to intellectual property rights. (d) Definitions.--In this section: (1) Agreement on trips.--The term ``Agreement on TRIPS'' means the Agreement on Trade-Related Aspects of Intellectual Property Rights entered into as part of the trade agreements resulting from the Uruguay Round of multilateral trade negotiations under the auspices of the General Agreement on Tariffs and Trade. (2) Developing country.--The term ``developing country'' means any country which is-- (A) eligible to be designated a beneficiary developing country pursuant to title V of the Trade Act of 1974 (19 U.S.C. 2461 et seq.); or (B) designated as a least-developed beneficiary developing country pursuant to section 502 of such Act (19 U.S.C. 2462).

Rights of Intellectual Property Owners Fairness Facilitation Act of 1997 - Amends the Trade Act of 1974 to prohibit the President from designating a country a beneficiary developing country (BDC) eligible for trade benefits under the generalized system of preferences if such country is not implementing the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) or other intellectual property rights agreements within a specified period of time. Authorizes designation as a BDC of any country that has been denied such designation, or has had it withdrawn or suspended, if the President determines that the country is fully implementing TRIPS and other such agreements. Directs the U.S. Trade Representative to notify the Secretary of State, the Secretary of Commerce, and the Administrator of the Agency for International Development of any country which is not implementing TRIPS and other such agreements. Requires such officials, and authorizes the President, to take specified actions to encourage countries to implement TRIPS and other such agreements.

Rights of Intellectual Property Owners Fairness Facilitation Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Military Family Stability Act''. SEC. 2. HOUSING TREATMENT FOR CERTAIN MEMBERS OF THE ARMED FORCES, AND THEIR SPOUSES AND OTHER DEPENDENTS, UNDERGOING A PERMANENT CHANGE OF STATION WITHIN THE UNITED STATES. (a) Housing Treatment.-- (1) In general.--Chapter 7 of title 37, United States Code, is amended by inserting after section 403 the following new section: ``Sec. 403a. Housing treatment for certain members of the Armed Forces, and their spouses and other dependents, undergoing a permanent change of station within the United States ``(a) Housing Treatment for Certain Members Who Have a Spouse or Other Dependents.-- ``(1) Housing treatment regulations.--The Secretary of Defense shall prescribe regulations that permit a member of the armed forces described in paragraph (2) who is undergoing a permanent change of station within the United States to request the housing treatment described in subsection (b) during the covered relocation period of the member. ``(2) Eligible members.--A member described in this paragraph is any member who-- ``(A) has a spouse who is gainfully employed or enrolled in a degree, certificate or license granting program at the beginning of the covered relocation period; ``(B) has one or more dependents attending an elementary or secondary school at the beginning of the covered relocation period; ``(C) has one or more dependents enrolled in the Exceptional Family Member Program; or ``(D) is caring for an immediate family member with a chronic or long-term illness at the beginning of the covered relocation period. ``(b) Housing Treatment.-- ``(1) Continuation of housing for the spouse and other dependents.--If a spouse or other dependent of a member whose request under subsection (a) is approved resides in Government- owned or Government-leased housing at the beginning of the covered relocation period, the spouse or other dependent may continue to reside in such housing during a period determined in accordance with the regulations prescribed pursuant to this section. ``(2) Early housing eligibility.--If a spouse or other dependent of a member whose request under subsection (a) is approved is eligible to reside in Government-owned or Government-leased housing following the member's permanent change of station within the United States, the spouse or other dependent may commence residing in such housing at any time during the covered relocation period. ``(3) Temporary use of government-owned or government- leased housing intended for members without a spouse or dependent.--If a spouse or other dependent of a member relocates at a time different from the member in accordance with a request approved under subsection (a), the member may be assigned to Government-owned or Government-leased housing intended for the permanent housing of members without a spouse or dependent until the member's detachment date or the spouse or other dependent's arrival date, but only if such Government- owned or Government-leased housing is available without displacing a member without a spouse or dependent at such housing. ``(4) Equitable basic allowance for housing.--If a spouse or other dependent of a member relocates at a time different from the member in accordance with a request approved under subsection (a), the amount of basic allowance for housing payable may be based on whichever of the following areas the Secretary concerned determines to be the most equitable: ``(A) The area of the duty station to which the member is reassigned. ``(B) The area in which the spouse or other dependent resides, but only if the spouse or other dependent resides in that area when the member departs for the duty station to which the member is reassigned, and only for the period during which the spouse or other dependent resides in that area. ``(C) The area of the former duty station of the member, but only if that area is different from the area in which the spouse or other dependent resides. ``(c) Rule of Construction Related to Certain Basic Allowance for Housing Payments.--Nothing in this section shall be construed to limit the payment or the amount of basic allowance for housing payable under section 403(d)(3)(A) of this title to a member whose request under subsection (a) is approved. ``(d) Housing Treatment Education.--The regulations prescribed pursuant to this section shall ensure the relocation assistance programs under section 1056 of title 10 include, as part of the assistance normally provided under such section, education about the housing treatment available under this section. ``(e) Definitions.--In this section: ``(1) Covered relocation period.--(A) Subject to subparagraph (B), the term `covered relocation period', when used with respect to a permanent change of station of a member of the armed forces, means the period that-- ``(i) begins 180 days before the date of the permanent change of station; and ``(ii) ends 180 days after the date of the permanent change of station. ``(B) The regulations prescribed pursuant to this section may provide for a lengthening of the covered relocation period of a member for purposes of this section. ``(2) Dependent.--The term `dependent' has the meaning given that term in section 401 of this title. ``(3) Permanent change of station.--The term `permanent change of station' means a permanent change of station described in section 452(b)(2) of this title.''. (2) Clerical amendment.--The table of sections at the beginning of chapter 7 such title is amended by inserting after the item relating to section 403 the following new item: ``403a. Housing treatment for certain members of the armed forces, and their spouses and other dependents, undergoing a permanent change of station within the United States.''. (b) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act, and shall apply with respect to permanent changes of station of members of the Armed Forces that occur on or after October 1 of the fiscal year that begins after such date of enactment. (c) Comptroller General of the United States Report.-- (1) Report required.--Not later than one year after the date of the enactment of this Act, the Comptroller General of the United States shall submit to Congress a report on potential actions of the Department of Defense to enhance the well-being of military families undergoing a permanent change of station. (2) Elements.--The report required by paragraph (1) shall include the following: (A) A comparison of the current percentage of spouses in military families who work with the percentage of spouses in military families who worked in the recent past, and an assessment of the impact of the change in such percentage on military families. (B) An assessment of the effects of relocation of military families undergoing a permanent change of station on the employment, education, and licensure of spouses of military families. (C) An identification of potential actions of the Department to enhance the well-being of military families undergoing a permanent change of station and to generate cost savings in connection with such changes of station. (D) An assessment of the utilization rate of the housing treatment provided by section 403a of title 37, United States Code (as added by subsection (a)). (E) Such other matters as the Comptroller General considers appropriate. (3) Additional element on funding military family support programs.--In addition to the elements specified in paragraph (2), the report required by paragraph (1) shall also include a comparison of-- (A) the average annual amount spent by each Armed Force over the five-year period ending on December 31, 2016, on recruitment and retention bonuses and special pays for members of such Armed Force; and (B) the average annual amount spent by such Armed Force over such period on programs for military families and support of military families.

Military Family Stability Act This bill directs the Department of Defense (DOD) to prescribe regulations that permit an eligible member of the Armed Forces who is undergoing a permanent change of station within the United States to request specified housing treatment during the period from 180 days before to 180 days after such change. An "eligible member" is a member who: has a spouse who is gainfully employed or enrolled in a degree, certificate, or license granting program at the beginning of such period; has one or more dependents attending an elementary or secondary school at the beginning of such period; has one or more dependents enrolled in the Exceptional Family Member Program; or is caring for an immediate family member with a chronic or long-term illness at the beginning of such period. If a spouse or other dependent of a member whose request for such housing treatment is approved: (1) resides in government-owned or government-leased housing at the beginning of such period, he or she may continue to reside there during such period; and (2) relocates at a time different from the member, the member may be assigned to housing intended for members without a spouse or dependent until the member's detachment date or the spouse or other dependent's arrival date, if such housing is available without displacing a member without a spouse or dependent. (The bill specifies alternatives for the basic housing allowance to be provided in such case.) The Government Accountability Office shall report to Congress on potential DOD actions to enhance the well-being of military families undergoing a permanent change of station.

Military Family Stability Act

SECTION 1. SHORT TITLE; REFERENCES IN ACT. (a) Short Title.--This Act may be cited as the ``Medicare Rural Hospital Amendments of 1993''. (b) References in Act.--Except as otherwise specifically provided, whenever in this Act, an amendment is expressed in terms of an amendment to or repeal of a section or other provision, the reference shall be considered to be made to that section or other provision of the Social Security Act. SEC. 2. ESSENTIAL ACCESS COMMUNITY HOSPITAL (EACH) AMENDMENTS. (a) Increasing Number of Participating States.--Section 1820(a)(1) (42 U.S.C. 1395i4(a)(1)) is amended by striking ``7'' and inserting ``9''. (b) Treatment of Inpatient Hospital Services Provided in Rural Primary Care Hospitals.-- (1) In general.--Section 1820(f)(1)(F) (42 U.S.C. 1395i4(f)(1)(F)) is amended to read as follows: ``(F) subject to paragraph (4), provides not more than 6 inpatient beds (meeting such conditions as the Secretary may establish) for providing inpatient care to patients requiring stabilization before discharge or transfer to a hospital, except that the facility may not provide any inpatient hospital services-- ``(i) to any patient whose attending physician does not certify that the patient may reasonably be expected to be discharged or transferred to a hospital within 72 hours of admission to the facility; or ``(ii) consisting of surgery or any other service requiring the use of general anesthesia (other than surgical procedures specified by the Secretary under section 1833(i)(1)(A)), unless the attending physician certifies that the risk associated with transferring the patient to a hospital for such services outweighs the benefits of transferring the patient to a hospital for such services.''. (2) Limitation on average length of stay.--Section 1820(f) (42 U.S.C. 1395i4(f)) is amended by adding at the end the following new paragraph: ``(4) Limitation on average length of inpatient stays.--The Secretary may terminate a designation of a rural primary care hospital under paragraph (1) if the Secretary finds that the average length of stay for inpatients at the facility during the previous year in which the designation was in effect exceeded 72 hours. In determining the compliance of a facility with the requirement of the previous sentence, there shall not be taken into account periods of stay of inpatients in excess of 72 hours to the extent such periods exceed 72 hours because transfer to a hospital is precluded because of inclement weather or other emergency conditions.''. (3) Conforming amendment.--Section 1814(a)(8) (42 U.S.C. 1395f(a)(8)) is amended by striking ``such services'' and all that follows and inserting ``the individual may reasonably be expected to be discharged or transferred to a hospital within 72 hours after admission to the rural primary care hospital.''. (4) GAO reports.--Not later than 2 years after the date of the enactment of this Act, the Comptroller General shall submit reports to Congress on-- (A) the application of the requirements under section 1820(f) of the Social Security Act (as amended by this subsection) that rural primary care hospitals provide inpatient care only to those individuals whose attending physicians certify may reasonably be expected to be discharged within 72 hours after admission and maintain an average length of inpatient stay during a year that does not exceed 72 hours; and (B) the extent to which such requirements have resulted in such hospitals providing inpatient care beyond their capabilities or have limited the ability of such hospitals to provide needed services. (c) Designation of Hospitals.-- (1) Permitting designation of hospitals located in urban areas.-- (A) In general.--Section 1820 (42 U.S.C. 1395i4) is amended-- (i) by striking paragraph (1) of subsection (e) and redesignating paragraphs (2) through (6) as paragraphs (1) through (5); and (ii) in subsection (e)(1)(A) (as redesignated by subparagraph (A))-- (I) by striking ``is located'' and inserting ``except in the case of a hospital located in an urban area, is located'', (II) by striking ``, (ii)'' and inserting ``or (ii)'', (III) by striking ``or (iii)'' and all that follows through ``section,'', and (IV) in subsection (i)(1)(B), by striking ``paragraph (3)'' and inserting ``paragraph (2)''. (B) No change in medicare prospective payment.-- Section 1886(d)(5)(D) (42 U.S.C. 1395ww(d)(5)(D)) is amended-- (i) in clause (iii)(III), by inserting ``located in a rural area and'' after ``that is'', and (ii) in clause (v), by inserting ``located in a rural area and'' after ``in the case of a hospital''. (2) Permitting hospitals located in adjoining states to participate in state program.-- (A) In general.--Section 1820 (42 U.S.C. 1395i4) is amended-- (i) by redesignating subsection (k) as subsection (l); and (ii) by inserting after subsection (j) the following new subsection: ``(k) Eligibility of Hospitals Not Located in Participating States.--Notwithstanding any other provision of this section-- ``(1) for purposes of including a hospital or facility as a member institution of a rural health network, a State may designate a hospital or facility that is not located in the State as an essential access community hospital or a rural primary care hospital if the hospital or facility is located in an adjoining State and is otherwise eligible for designation as such a hospital; ``(2) the Secretary may designate a hospital or facility that is not located in a State receiving a grant under subsection (a)(1) as an essential access community hospital or a rural primary care hospital if the hospital or facility is a member institution of a rural health network of a State receiving a grant under such subsection; and ``(3) a hospital or facility designated pursuant to this subsection shall be eligible to receive a grant under subsection (a)(2).''. (B) Conforming amendments.--(i) Section 1820(c)(1) (42 U.S.C. 1395i4(c)(1)) is amended by striking ``paragraph (3)'' and inserting ``paragraph (3) or subsection (k)''. (ii) Paragraphs (1)(A) and (2)(A) of section 1820(i) (42 U.S.C. 1395i4(i)) are each amended-- (I) in clause (i), by striking ``(a)(1)'' and inserting ``(a)(1) (except as provided in subsection (k))'', and (II) in clause (ii), by striking ``subparagraph (B)'' and inserting ``subparagraph (B) or subsection (k)''. (d) Skilled Nursing Services in Rural Primary Care Hospitals.-- Section 1820(f)(3) (42 U.S.C. 1395i4(f)(3)) is amended by striking ``because the facility'' and all that follows and inserting the following: ``because, at the time the facility applies to the State for designation as a rural primary care hospital, there is in effect an agreement between the facility and the Secretary under section 1883 under which the facility's inpatient hospital facilities are used for the furnishing of extended care services, except that the number of beds used for the furnishing of such services may not exceed the total number of licensed inpatient beds at the time the facility applies to the State for such designation (minus the number of inpatient beds used for providing inpatient care pursuant to paragraph (1)(F)). For purposes of the previous sentence, the number of beds of the facility used for the furnishing of extended care services shall not include any beds of a unit of the facility that is licensed as a distinct-part skilled nursing facility at the time the facility applies to the State for designation as a rural primary care hospital.''. (e) Payment for Outpatient Rural Primary Care Hospital Services.-- Section 1834(g)(1) (42 U.S.C. 1395m(g)(1)) is amended by adding at the end the following: ``The amount of payment shall be determined under either method without regard to the amount of the customary or other charge.''. (f) Clarification of Physician Staffing Requirement for Rural Primary Care Hospitals.--Section 1820(f)(1)(H) (42 U.S.C. 1395i4(f)(1)(H)) is amended by striking the period and inserting the following: ``, except that in determining whether a facility meets the requirements of this subparagraph, subparagraphs (E) and (F) of that paragraph shall be applied as if any reference to a `physician' is a reference to a physician as defined in section 1861(r)(1).''. (g) Technical Amendments Relating to Part A Deductible, Coinsurance, and Spell of Illness.--(1) Section 1812(a)(1) (42 U.S.C. 1395d(a)(1)) is amended-- (A) by striking ``inpatient hospital services'' the first place it appears and inserting ``inpatient hospital services or inpatient rural primary care hospital services''; (B) by striking ``inpatient hospital services'' the second place it appears and inserting ``such services''; and (C) by striking ``and inpatient rural primary care hospital services''. (2) Sections 1813(a) and 1813(b)(3)(A) (42 U.S.C. 1395e(a), 1395e(b)(3)(A)) are each amended by striking ``inpatient hospital services'' each place it appears and inserting ``inpatient hospital services or inpatient rural primary care hospital services''. (3) Section 1813(b)(3)(B) (42 U.S.C. 1395e(b)(3)(B)) is amended by striking ``inpatient hospital services'' and inserting ``inpatient hospital services, inpatient rural primary care hospital services''. (4) Section 1861(a) (42 U.S.C. 1395x(a)) is amended-- (A) in paragraphs (1), by striking ``inpatient hospital services'' and inserting ``inpatient hospital services, inpatient rural primary care hospital services''; and (B) in paragraph (2), by striking ``hospital'' and inserting ``hospital or rural primary care hospital''. (h) Authorization of Appropriations.--Section 1820(k) (42 U.S.C. 1395i4(k)) is amended by striking ``1990, 1991, and 1992'' and inserting ``1990 through 1995''. (i) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act. SEC. 3. REAUTHORIZATION OF RURAL TRANSITION GRANT PROGRAM. Section 4005(e)(9) of the Omnibus Budget Reconciliation Act of 1987 is amended-- (1) by striking ``1989 and'' and inserting ``1989,''; and (2) by striking ``1992'' and inserting ``1992 and $30,000,000 for each of fiscal years 1993 through 1997''. SEC. 4. REGIONAL REFERRAL CENTERS. (a) Extension Through Fiscal Year 1994.--Section 6003(d) of the Omnibus Budget Reconciliation Act of 1989 (42 U.S.C. 1395ww note) is amended by striking ``October 1, 1992'' and inserting ``October 1, 1994''. (b) Permitting Hospitals to Decline Reclassification.--If any hospital fails to qualify as a rural referral center under section 1886(d)(5)(C) of the Social Security Act as a result of a decision by the Medicare Geographic Classification Review Board under section 1886(d)(10) of such Act to reclassify the hospital as being located in an urban area for fiscal year 1994, the Secretary of Health and Human Services shall-- (1) notify such hospital of such failure to qualify, (2) provide an opportunity for such hospital to decline such reclassification, and (3) if the hospital declines such reclassification, administer the Social Security Act (other than section 1886(d)(8)(D)) for fiscal year 1994 as if the decision by the Review Board had not occurred. SEC. 5. MEDICARE-DEPENDENT, SMALL RURAL HOSPITALS. (a) In General.--Section 1886(d)(5)(G) (42 U.S.C. 1395ww(d)(5)(G)) is amended-- (1) by amending clause (i) to read as follows: ``(i) In the case of a subsection (d) hospital which is a medicare- dependent, small rural hospital, payment under paragraph (1)(A) for discharges occurring before October 1, 1994, shall be equal to the sum of the amount determined under clause (ii) and the amount determined under paragraph (1)(A)(iii).''; (2) by redesignating clauses (ii) and (iii) as clauses (iii) and (iv); and (3) by inserting after clause (i) the following new clause: ``(ii) The amount determined under this clause is-- ``(I) for discharges occurring during the first 3 12-month cost reporting periods that begin on or after April 1, 1990, the amount by which the hospital's target amount for the cost reporting period (as defined in subsection (b)(3)(D)) exceeds the amount determined under paragraph (1)(A)(iii); and ``(II) for discharges occurring during any subsequent cost reporting period (or portion thereof), 50 percent of the amount by which the hospital's target amount for the cost reporting period (as defined in subsection (b)(3)(D)) exceeds the amount determined under paragraph (1)(A)(iii).''. (b) Permitting Hospitals to Decline Reclassification.--If any hospital fails to qualify as a medicare-dependent, small rural hospital under section 1886(d)(5)(G)(i) of the Social Security Act as a result of a decision by the Medicare Geographic Classification Review Board under section 1886(d)(10) of such Act to reclassify the hospital as being located in an urban area for fiscal year 1994, the Secretary of Health and Human Services shall-- (1) notify such hospital of such failure to qualify, (2) provide an opportunity for such hospital to decline such reclassification, and (3) if the hospital declines such reclassification, administer the Social Security Act (other than section 1886(d)(8)(D)) for fiscal year 1994 as if the decision by the Review Board had not occurred.

Medicare Rural Hospital Amendments of 1993 - Amends title XVIII (Medicare) of the Social Security Act to extend and revise programs to assist rural hospitals under Medicare part A (Hospital Insurance). Authorizes appropriations. Amends the Omnibus Budget Reconciliation Act of 1987 to reauthorize and extend the rural transition grant program. Amends the Omnibus Budget Reconciliation Act of 1989 to extend regional referral centers. Revises Medicare-dependent, small rural hospital provisions under Medicare. Requires the Secretary of Health and Human Services to provide rural referral centers and Medicare-dependent, small rural hospitals which have been reclassified as urban the opportunity to decline such reclassification.

Medicare Rural Hospital Amendments of 1993

SECTION 1. SHORT TITLE AND TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``New Direction for Iraq Act of 2007''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title and table of contents. Sec. 2. Goals of United States policy toward Iraq. TITLE I--REDEPLOYMENT OF UNITED STATES ARMED FORCES FROM IRAQ Sec. 101. Prohibition on escalation of United States military presence in Iraq. Sec. 102. Redeployment of United States Armed Forces from Iraq. Sec. 103. Restoration of Iraqi sovereignty. TITLE II--ASSISTANCE FOR IRAQ Sec. 201. Assistance for reconstruction and economic development. Sec. 202. Assistance for democracy and civil society promotion. Sec. 203. Assistance for militia disarmament, demobilization, and reintegration. Sec. 204. Federal contracts for Iraq reconstruction. TITLE III--DIPLOMATIC EFFORTS Sec. 301. Regional and international diplomacy. Sec. 302. Internal Iraq diplomacy. Sec. 303. Refugees from Iraq. SEC. 2. GOALS OF UNITED STATES POLICY TOWARD IRAQ. The goals of United States policy toward Iraq are-- (1) to support the people of Iraq in their desire for security, democratic self-determination, and an end to the United States occupation of Iraq; (2) to mitigate against a worsening of violence in Iraq and seek to prevent, to the extent possible, additional sectarian violence; (3) to reestablish United States international credibility, military readiness, and fiscal responsibility; and (4) to refocus on the threat posed by violent fundamentalists and other real threats to the national security of the United States. TITLE I--REDEPLOYMENT OF UNITED STATES ARMED FORCES FROM IRAQ SEC. 101. PROHIBITION ON ESCALATION OF UNITED STATES MILITARY PRESENCE IN IRAQ. Funds appropriated or otherwise made available to the Department of Defense under any provision of law may not be obligated or expended to increase the number of members of the Armed Forces serving in Iraq so that the total number of members serving in Iraq at any time exceeds the number of members serving in Iraq as of the date of the enactment of this Act unless the increase is specifically authorized by an Act of Congress. SEC. 102. REDEPLOYMENT OF UNITED STATES ARMED FORCES FROM IRAQ. (a) Commencement of Redeployment.--Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall begin the redeployment of United States Armed Forces from Iraq. (b) Timetable for Completion of Redeployment.--The redeployment required by subsection (a) shall be completed in the shortest appropriate time frame, based on the advice of the Joint Chiefs of Staff and detailed plan for the transfer of security responsibility on a sector-by-sector basis to be negotiated with the appropriate authorities of the Government of Iraq. It is the sense of Congress that the phrase ``shortest appropriate time frame'' should be no longer than one year. (c) Redeployment Locations.--The majority of units of the Armed Forces redeployed pursuant to subsection (a) should be returned to the United States. Other units should be redeployed as part of a rapid reaction force in the Middle East, with the capacity to respond to contingencies in Iraq and in Afghanistan for the purpose of expanding secured areas and preventing the reemergence of the Taliban. (d) Mission of Armed Forces in Iraq.--Until the redeployment required by subsection (a) is completed, the mission of the Armed Forces in Iraq should focus on supporting the Iraqi Army in holding and stabilizing population centers, rather than using the Armed Forces to engage in combat operations against insurgents. SEC. 103. RESTORATION OF IRAQI SOVEREIGNTY. (a) Prohibition on Permanent United States Military Installations in Iraq.--No permanent or long-term military installation, which is designed or intended to be occupied by a unit of the United States Armed Forces after the redeployment of the Armed Forces from Iraq pursuant to section 102, may be constructed in Iraq. (b) Prohibition on United States Actions to Control Oil Resources in Iraq.--No official or representative of the Government of the United States shall seek to exercise control over the petroleum infrastructure, petroleum resources, or the economic policies of Iraq. TITLE II--ASSISTANCE FOR IRAQ SEC. 201. ASSISTANCE FOR RECONSTRUCTION AND ECONOMIC DEVELOPMENT. (a) Requirement to Provide Assistance Through Iraqi Businesses and Nationals.--Funds appropriated or otherwise made available for the reconstruction of Iraq or economic development in Iraq under any provision of law shall, to the maximum extent possible and appropriate, be expended through-- (1) Iraqi-owned businesses, with a preference for small businesses; and (2) private voluntary organizations or businesses of any nationality whose Iraq-based staff consists primarily of individuals who are nationals of Iraq. (b) Sense of Congress Regarding Iraq Community Action Program.--It is the sense of Congress that the Iraq Community Action Program of the United States Agency for International Development is an effective economic development program being carried out at the local level in Iraq and should be greatly expanded. SEC. 202. ASSISTANCE FOR DEMOCRACY AND CIVIL SOCIETY PROMOTION. (a) Assistance.--The President is authorized to provide assistance for the promotion of democracy and civil society in Iraq. (b) Activities Supported.--Assistance provided under subsection (a) shall, to the maximum extent practicable, be used to strengthen participatory, nonpartisan, multi-ethnic institutions of civil society in Iraq, including labor and trade unions, chambers of commerce, environmental organizations, peacebuilding and reconciliation programs, and social and community organizations. (c) Authorization of Appropriations.-- (1) In general.--To carry out this section, there are authorized to be appropriated to the President $40,000,000 for each of the fiscal years 2007 through 2010. (2) Additional requirements.--Amounts appropriated pursuant to the authorization of appropriations under paragraph (1)-- (A) are authorized to remain available until expended; and (B) are in addition to amounts otherwise available for such purposes. SEC. 203. ASSISTANCE FOR MILITIA DISARMAMENT, DEMOBILIZATION, AND REINTEGRATION. (a) Assistance.--The President is authorized to provide assistance for the disarmament, demobilization, and reintegration of militias in Iraq. (b) Activities Supported.--Assistance provided under subsection (a) shall, to the maximum extent practicable, be used to support-- (1) the presence of neutral international experts as advisors to the Government of Iraq on the processes of disarmament, demobilization, and reintegration of militias; and (2) the establishment of a single office in the Government of Iraq to coordinate assistance for disarmament, demobilization, and reintegration of militias. (c) Sense of Congress.--It is the sense of Congress that members and units of the United States Armed Forces should not carry out or otherwise participate in activities supported under this section. (d) Authorization of Appropriations.-- (1) In general.--To carry out this section, there are authorized to be appropriated to the President such sums as may be necessary for each of the fiscal years 2007 through 2010. (2) Additional requirements.--Amounts appropriated pursuant to the authorization of appropriations under paragraph (1)-- (A) are authorized to remain available until expended; and (B) are in addition to amounts otherwise available for such purposes. SEC. 204. FEDERAL CONTRACTS FOR IRAQ RECONSTRUCTION. (a) Termination of All Contracts of Contractor Not Fulfilling Terms of One Contract.--In the case of a contractor with more than one contract awarded by the Federal Government to perform Iraq reconstruction, the President may terminate all such contracts of the contractor if the contractor is not fulfilling the terms of one of its contracts for Iraq reconstruction. Any funds recovered from the termination of such contracts shall be considered to be funds available for the reconstruction of Iraq or economic development in Iraq and shall, to the maximum extent possible and appropriate, be expended in accordance with section 201(a). (b) Recovery of Funds.--It is the sense of Congress that the President should make aggressive use of the authority to recover funds from any contracts for Iraq reconstruction that are terminated, whether terminated pursuant to the authority in subsection (a) or as otherwise provided by law. (c) War Profiteering.--It is the sense of Congress that the Attorney General, in consultation with the Secretaries of Defense and State, should aggressively seek to prosecute any perpetrators of criminal fraud in the awarding and carrying out of Federal contracts for Iraq reconstruction. (d) Congressional Oversight.--It is the sense of Congress that the appropriate committees of jurisdiction in the House of Representatives and the Senate should use their full authority to investigate the awarding and carrying out of contracts by the Government to conduct activities in Iraq regarding the following matters: (1) The award of such contracts, including the solicitation and evaluation of bids or proposals. (2) Standards for the auditing of such contracts. (3) Procedures for oversight of the performance of such contracts. (4) Forms of payment and safeguards against money laundering. (5) Accountability of contractors and Government officials involved in the award and carrying out of such contracts. (6) Penalties for violations of law and abuses in the awarding and carrying out of such contracts. (7) The use of subcontracts under large, comprehensive contracts. (8) The inclusion and use of small businesses in such contracts, through subcontracts or otherwise. TITLE III--DIPLOMATIC EFFORTS SEC. 301. REGIONAL AND INTERNATIONAL DIPLOMACY. (a) In General.--The President, acting through the Secretary of State and the Secretary of Defense, shall undertake a regional diplomatic effort to establish a regional security dialogue to provide support and cooperation in promoting stability in Iraq. Such an effort shall include direct bilateral negotiations with all of Iraq's neighboring countries and other relevant regional and nonregional governments and international organizations, such as the United Nations, the North Atlantic Treaty Organization, the Arab League, and the Organization of the Islamic Conference. (b) Diplomatic Options.--If appropriate, the President, acting through the Secretary of State and the Secretary of Defense, shall seek to formalize the regional security dialogue required under subsection (a) in a multilateral support group framework and host a regional security conference. (c) Sense of Congress Regarding Policy.--It is the sense of Congress that the negotiations and security dialogue required under subsection (a) should not undermine United States policy in support of the security of Israel, the sovereignty of Lebanon, or the autonomy of Iraqi Kurds. (d) Comprehensive Agreements.--The President, acting through the Secretary of State and the Secretary of Defense, shall seek to use the negotiations required under subsection (a) to reach comprehensive agreements with Syria and Iran regarding ending support for terrorism, nuclear nonproliferation, cessation of violence against Israel, and other outstanding issues. The President, acting through the Secretary of State and the Secretary of Defense shall further demonstrate a willingness to provide the necessary security guarantees and economic and diplomatic incentives for such agreements. (e) Israeli-Palestinian Peace.-- (1) Sense of congress.--It is the sense of Congress that United States support for progress in the Israeli-Palestinian peace process is an important factor for the United States to regain credibility and influence in the Middle East. (2) United states effort.--The President, acting through the Secretary of State and the Secretary of Defense, shall undertake a renewed effort towards securing Israeli-Palestinian peace by encouraging negotiations aimed at the establishment of an independent and contiguous Palestinian state living alongside a secure Israel in peace, on a basis similar to the parameters for peace presented to Israel and the Palestinian Authority by former President Bill Clinton in December 2000 and the unofficial Geneva Accords of 2003. (f) United Nations.--The President shall direct the Permanent Representative of the United States to the United Nations to seek a new resolution in the United Nations Security Council supporting regional and international cooperation in promoting stability in Iraq and authorizing renewed United Nations assistance to promote security and political reconciliation in Iraq. SEC. 302. INTERNAL IRAQ DIPLOMACY. (a) Benchmarks.--The President, in partnership with the Government of Iraq, shall develop a series of benchmarks in the areas of national reconciliation, security, and governance. (b) Sense of Congress Regarding Support for the Government of Iraq.--It is the sense of Congress that further political and economic support for the Government of Iraq should be conditioned on significant progress towards achieving the benchmarks referred to in subsection (a). (c) Special Envoy.-- (1) Appointment.--Not later than 15 days after the date determined in subsection (d), the President shall appoint an individual to serve as Special Envoy for Iraq Reconciliation. (2) Criteria for appointment.--An individual appointed under paragraph (1) shall be of significant stature and shall have the respect and trust of parties within Iraq. (3) Duties.--The Special Envoy shall-- (A) encourage dialogue between sectarian communities within Iraq with the goal of promoting peace and national reconciliation; (B) engage all political and military entities, including all militias and insurgents (except militias and insurgents associated or affiliated in any way or manner with al-Qaeda) within Iraq in a peace process; and (C) encourage religious and tribal leaders to speak out in favor of peace and reconciliation. (d) Role of the United Nations.--The requirement for the President to appoint a Special Envoy in accordance with subsection (c) shall be satisfied by the appointment by the United Nations of such a special envoy based on the same criteria and with the same duties as described in such subsection, provided such United Nations appointment occurs not later than 30 days after the date of the enactment of this Act. SEC. 303. REFUGEES FROM IRAQ. (a) Sense of Congress.--It is the sense of Congress that-- (1) the humanitarian impact of the war in Iraq, particularly the problem of refugees from Iraq, needs greater attention from the United States Government; (2) the United States should greatly increase the number of refugees from Iraq who are admitted to the United States and increase the amount of assistance provided to support Iraqi refugees elsewhere; (3) the Secretary of Homeland Security and Secretary of State, as appropriate, should seek to streamline procedures for the admission to the United States of refugees from Iraq and ease the burden of applying for refugee status; (4) the 20,000 unallocated refugee admissions authorized by Presidential Determination No. 2007-1 should be used for refugees from Iraq; and (5) special attention should be given to particularly vulnerable Iraqi refugee populations, including Iraqis who worked with United States Armed Forces, ethnically mixed families, and members of religious minority groups. (b) Action.--The President, acting through the Secretary of Homeland Security and the Secretary of State, as appropriate, shall, for any country containing a significant population of Iraqi refugees-- (1) if, appropriate, seek to negotiate a bilateral refugee resettlement agreement for the purpose of expediting the admission into the United States of such refugees; or (2) if the bilateral refugee resettlement agreement referred to in paragraph (1) is not achievable, devise strategies, in consultation with the host government and relevant international organizations and agencies, for the provision of assistance to facilitate the well-being, safety, and integration into their host environments of such refugees. (c) Sense of Congress Regarding Funding.--It is the sense of Congress that the President should submit to Congress a supplemental appropriations request to provide sufficient funding to carry out subsection (b).

New Direction for Iraq Act of 2007 - Prohibits Department of Defense (DOD) funds from being obligated or expended to increase the number of U.S. Armed Forces serving in Iraq so that the total number serving in Iraq at any time exceeds the number serving in Iraq as of the date of the enactment of this Act unless the increase is specifically authorized by Congress. Directs the Secretary of Defense to begin the redeployment of U.S. Armed Forces from Iraq within 30 days of enactment of this Act, which shall be completed in the shortest appropriate time frame. (Expresses the sense of Congress that the shortest appropriate time frame should be no longer than one year.) Prohibits: (1) permanent or long-term U.S. military installations in Iraq; and (2) U.S. actions to control Iraqi oil reserves. Provides for assistance to Iraq for: (1) reconstruction and economic development through Iraqi businesses and nationals; (2) promotion of democracy and civil society; and (3) disarmament, demobilization, and reintegration of militias. Authorizes the President to terminate all contracts with a contractor having more than one federal Iraqi reconstruction contract for non-fulfillment of one such contract. Expresses the sense of Congress that: (1) the Attorney General should seek to prosecute criminal fraud in the awarding and carrying out of federal contracts for Iraq reconstruction; and (2) the appropriate House and Senate committees should investigate the awarding and carrying out of specified Iraq-related contracts. Directs the President, through the Secretary of State and the Secretary of Defense, to: (1) undertake a regional diplomatic effort to promote stability in Iraq; and (2) undertake a renewed effort towards securing Israeli-Palestinian peace on a basis similar to the parameters for peace presented to Israel and the Palestinian Authority by former President Bill Clinton in December 2000 and the unofficial Geneva Accords of 2003. Directs the President, in partnership with the government of Iraq, to develop reconciliation, security, and governance benchmarks. Expresses the sense of Congress that further political and economic support for Iraq should be conditioned on significant progress towards achieving such benchmarks. Directs the President to appoint a Special Envoy for Iraq Reconciliation. Directs the President, for any country with a significant Iraqi refugee population, to: (1) seek to negotiate a bilateral refugee resettlement agreement for such refugees' U.S. admission; or (2) devise strategies, in consultation with the host government and international organizations and agencies, for provision of assistance to facilitate such refugees' host country integration.

To redeploy United States Armed Forces from Iraq and to establish a new direction for United States policy toward Iraq.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``New Collar Jobs Act of 2017''. (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. Employee cybersecurity education. Sec. 4. Student loan repayment for certain cybersecurity employees. Sec. 5. CyberCorps scholarship-for-service program. Sec. 6. Increased funding for Advanced Technology Education program. Sec. 7. Cybersecurity training incentive for Government contracts. SEC. 2. FINDINGS. Congress find the following: (1) Domestic factory output has increased by 21 percent since June 2009, but manufacturing employment has only increased 5 percent during that time, and has been flat since late 2014. (2) As manufacturers leverage new technologies from robotics to distributed control systems to create modern factories and industrial plants, different employment requirements have emerged including the need for cybersecurity talent. (3) Leading cybersecurity experts have reported spike of 250 percent in industrial automation and control system cyber- incidents occurring during the period between 2011 and 2015 and as a result are seeking personnel with knowledge of their industry coupled with knowledge of security technology to prevent their organization from becoming victims of cyber- attacks. SEC. 3. EMPLOYEE CYBERSECURITY EDUCATION. (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. EMPLOYEE CYBERSECURITY EDUCATION. ``(a) In General.--For purposes of section 38, the employee cybersecurity education credit determined under this section for the taxable year is an amount equal to 50 percent of the aggregate qualified employee cybersecurity education expenses paid or incurred by the employer during such taxable year. ``(b) Limitation.--The amount allowed as a credit under subsection (a) for the taxable year with respect to an employee shall not exceed $5,000. ``(c) Qualified Employee Cybersecurity Education Expenses.--For purposes of this section, the term `qualified employee cybersecurity education expenses' means amounts paid or incurred for each employee who earns a certificate or degree at the undergraduate or graduate level or industry-recognized certification relating to those specialty areas and work roles that are listed in NCWF Work Roles in the document entitled, `NICE Cybersecurity Workforce Framework (NCWF)', published by the National Initiative for Cybersecurity Education (NICE) of the National Institute of Standards and Technology. ``(d) Certain Rules To Apply.--Rules similar to the rules of subsections (i)(1) and (k) of section 51 shall apply for purposes of this section.''. (b) Credit Made 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 employee cybersecurity education credit determined under section 45S(a).''. (c) Denial of Double Benefit.--Subsection (a) of section 280C of such Code is amended by inserting ``45S(a),'' after ``45P(a),''. (d) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 45S. Employee cybersecurity education.''. (e) Effective Date.--The amendments made by this section shall apply to individuals commencing apprenticeship programs after the date of the enactment of this Act. SEC. 4. STUDENT LOAN REPAYMENT FOR CERTAIN CYBERSECURITY EMPLOYEES. Section 455 of the Higher Education Act of 1965 (20 U.S.C. 1087e) is amended by adding at the end the following: ``(r) Loan Repayment for Cybersecurity Workers in Economically Distressed Area.-- ``(1) In general.--The Secretary shall cancel the amount described in paragraph (2) of the balance of interest and principal due, in accordance with such paragraph, on any eligible Federal Direct Loan not in default for a borrower who-- ``(A) makes 36 consecutive monthly payments on the eligible Federal Direct Loan after the date of the enactment of this section pursuant to any one or a combination of the following-- ``(i) payments under an income-based repayment plan under section 493C; ``(ii) payments under a standard repayment plan under subsection (d)(1)(A), based on a 10- year repayment period; ``(iii) monthly payments under a repayment plan under subsection (d)(1) or (g) of not less than the monthly amount calculated under subsection (d)(1)(A), based on a 10-year repayment period; or ``(iv) payments under an income contingent repayment plan under subsection (d)(1)(D); and ``(B) during the period in which the borrower makes each of the 36 consecutive monthly payments described in subparagraph (A), has been employed in a cybersecurity job-- ``(i) located in an area that, for at least 12 of such consecutive monthly payments is an economically distressed area; and ``(ii) that requires that the borrower work in the economically distressed area no less than 60 percent of total work hours. ``(2) Cancellation amount.--After the conclusion of the employment period described in paragraph (1), the Secretary shall cancel the lesser of the following: ``(A) The obligation to repay the balance of principal and interest due as of the time of such cancellation, on the eligible Federal Direct Loans made to the borrower under this part. ``(B) $25,000. ``(3) Ineligibility of double benefits.--No borrower may, for the same service, receive a reduction of loan obligations under both this subsection and-- ``(A) subsection (m); or ``(B) section 428J, 428K, 428L, or 460. ``(4) Definitions.--In this section: ``(A) Cybersecurity job.--The term `cybersecurity job' means-- ``(i) a skill role as defined in the NCWF Work Roles by the National Initiative for Cybersecurity Education (NICE) Cybersecurity Workforce Framework (NCWF) of the National Institute of Standards and Technology, Special Publication 800-181, or any successor document; or ``(ii) teaching a cybersecurity course for a skill role described in clause (i). ``(B) Economically distressed area.--The term `economically distressed area' means an area that meets one or more criteria under section 301(a) of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3161(a)).''. SEC. 5. CYBERCORPS SCHOLARSHIP-FOR-SERVICE PROGRAM. (a) Funding Increase.--It is the sense of the Congress that the number of scholarships awarded by the National Science Foundation for scholarships awarded under the Federal cyber scholarship-for-service program established by section 302 of the Cybersecurity Enhancement Act of 2014 for fiscal year 2018 and each succeeding fiscal year should be not less than double the number of such scholarships awarded for fiscal year 2017. (b) Cybersecurity Course Instruction.--Section 302 of the Cybersecurity Enhancement Act of 2014 (15 U.S.C. 7442) is amended-- (1) in subsection (a), by striking ``and security managers'' and inserting ``security managers, and cybersecurity course instructors,''; and (2) in subsection (d), by adding at the end the following: ``Such work may include teaching a cybersecurity course for a skill role as defined in the NCWF Work Roles by the National Initiative for Cybersecurity Education (NICE) Cybersecurity Workforce Framework (NCWF) of the National Institute of Standards and Technology, Special Publication 800-181, or any successor document.''. (c) Elimination of Priority for Federal Government Employment Placements.--Section 302(b) of such Act (15 U.S.C. 7442(b)) is amended-- (1) in paragraph (1), by adding ``and'' at the end; (2) in paragraph (2), by striking ``; and'' and inserting a period; and (3) by striking paragraph (3). SEC. 6. INCREASED FUNDING FOR ADVANCED TECHNOLOGY EDUCATION PROGRAM. It is the sense of the Congress that the amount expended for the Information Technology and Cybersecurity Division of the Advanced Technological Education program of the National Science Foundation established by section 3(a) of the Scientific and Advanced-Technology Act of 1992 (Public Law 102-476) for fiscal year 2018 should be an amount equal to not less than 110 percent of the amount expended for such division for fiscal year 2017. SEC. 7. CYBERSECURITY TRAINING INCENTIVE FOR GOVERNMENT CONTRACTS. (a) In General.--Subpart 15.3 of the Federal Acquisition Regulation shall be revised to require, in the evaluation of a competitive proposal received in response to a solicitation for a contract valued in excess of $5,000,000, that the head of an executive agency award a five percent score increase to each competitive proposal submitted by a qualified offeror. (b) Definitions.--In this section: (1) Executive agency.--The term ``executive agency'' has the meaning given that term in section 102 of title 40, United States Code. (2) Qualified offeror.--The term ``qualified offeror'' means a business that has claimed the employee cybersecurity education credit under section 45S of the Internal Revenue Code of 1986, as added by section 3, at least once within the three- year period preceding the date on which the business submits a competitive proposal for a contract valued in excess of $5,000,000.

New Collar Jobs Act of 2017 This bill amends the Internal Revenue Code to establish an employee cybersecurity education tax credit, not to exceed $5,000 a year per employee, for an employer who incurs costs for an employee who earns a certificate or degree at the undergraduate or graduate level or an industry-recognized certification listed in the National Initiative for Cybersecurity Education's Cybersecurity Workforce Framework. The Federal Acquisition Regulation is amended to provide a business that utilizes the employee cybersecurity education tax credit and submits a bid for a competitive federal contract valued at more than $5 million a 5% increase in the business's bid score. The bill amends the Higher Education Act of 1965 to authorize the Department of Education to cancel eligible Federal Direct Loans for borrowers who have: (1) made 36 consecutive monthly payments, and (2) held a cybersecurity job in an economically distressed area during at least 12 months of payments. The program will cancel up to $25,000 in loans. The Cybersecurity Enhancement Act of 2014 is amended to include teaching cybersecurity as an acceptable employment option to satisfy post-award obligations for recipients of a CyberCorps Scholarship-for-Service award.

New Collar Jobs Act of 2017

SECTION 1. CONVERSIONS TO CLEAN ALTERNATIVE FUEL. Section 203 of the Clean Air Act (42 U.S.C. 7522) is amended by adding the following new subsection at the end thereof: ``(c) Certification of Certain Conversions.--In the case of a manufacturer of motor vehicle or engine conversions to a clean alternative fuel (as defined in this title), the Administrator may approve the combination of such conversions into a single test group which would normally not be eligible to be in a single test group if the manufacturer provides-- ``(1) substantial evidence that all the conversions in the larger grouping will have the similar levels of emissions; ``(2) evidence of equivalent component durability over the vehicle or engine's useful life; ``(3) evidence that the groups will result in sufficient in-use verification program data, appropriate tracking in use, and clear liability for the Agency's recall program; and ``(4) a statement that all vehicles within a test group are certified to the most stringent standards applicable to any vehicle within that test group. In any such case, such conversion shall be treated as included within the scope of the exemption provided by the last sentence of subsection (a).''. SEC. 2. ADVANCING ALTERNATIVE FUELS REVOLVING LOAN FUND. (a) Definitions.--In this section: (1) Authorized equipment.-- (A) In general.--The term ``authorized equipment'' means any equipment necessary to enable public vehicle fleets to operate on alternative fuels. (B) Inclusions.--The term ``authorized equipment'' includes-- (i) Bi-fuel vehicle property, which means property added to a motor vehicle that uses conventional gasoline or diesel as its fuel to allow the engine of such vehicle to operate on either conventional gasoline fuel or another alternative fuel. (ii) Alternative fuel vehicle conversion property, which means property added to a motor vehicle that uses conventional gasoline or diesel as its fuel to allow the engine of such vehicle to operate on another alternative fuel. (2) Fund.--The term ``Fund'' means the Advancing Alternative Fuels Revolving Loan Fund established by subsection (b). (3) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (b) Establishment of Fund.--There is established in the Treasury of the United States a revolving fund, to be known as the ``Advancing Alternative Fuels Revolving Loan Fund'', consisting of such amounts as are appropriated to the Fund. (c) Expenditures From Fund.-- (1) In general.--Subject to paragraph (2), on request by the Administrator, the Secretary of the Treasury shall transfer from the Fund to the Administrator such amounts as the Administrator determines are necessary to provide loans under subsection (e). (2) Administrative expenses.--An amount not exceeding 10 percent of the amounts in the Fund shall be available for each fiscal year to pay the administrative expenses necessary to carry out this section. (d) Transfers of Amounts.-- (1) In general.--The amounts required to be transferred to the Fund under this section shall be transferred at least monthly from the general fund of the Treasury to the Fund on the basis of estimates made by the Secretary of the Treasury. (2) Adjustments.--Proper adjustment shall be made in amounts subsequently transferred to the extent prior estimates were in excess of or less than the amounts required to be transferred. (e) Uses of Fund.-- (1) Loans.-- (A) In general.--The Administrator shall use amounts in the Fund to provide loans to eligible units of local government to finance purchases of authorized equipment to enable public vehicle fleets to operate on alternative fuels. (B) Maximum amount.--The maximum amount of a loan that may be provided by the Administrator to an eligible unit of local government under this subsection shall be the lesser of-- (i) the amount that the eligible unit of local government has appropriated to finance purchases of authorized equipment to enable its vehicle fleet to operate on alternative fuels. (ii) $500,000 (C) Interest rate.--The interest rate on any loan made by the Administrator under this paragraph shall be a rate equal to 2 percent. (D) Report.--Not later than 180 days after the date on which an eligible unit of local government receives a loan provided by the Administrator under subparagraph (A), the eligible unit of local government shall submit to the Administrator a report that describes each purchase made by the eligible unit of local government using assistance provided through the loan. (2) Loan repayment schedule.-- (A) In general.--To be eligible to receive a loan from the Administrator under paragraph (1), in accordance with each requirement described in subparagraph (B), an eligible unit of local government shall enter into an agreement with the Administrator to establish a loan repayment schedule relating to the repayment of the loan. (B) Requirements relating to loan repayment schedule.--A loan repayment schedule established under subparagraph (A) shall require the eligible unit of local government-- (i) to repay to the Secretary of the Treasury, not later than 1 year after the date on which the eligible unit of local government receives a loan under paragraph (1), and semiannually thereafter, an amount equal to the quotient obtained by dividing-- (I) the principal amount of the loan (including interest); by (II) the total quantity of payments that the eligible unit of local government is required to make during the repayment period of the loan; and (ii) not later than 20 years after the date on which the eligible unit of local government receives a loan under paragraph (1), to complete repayment to the Secretary of the Treasury of the loan made under this section (including interest).

Amends the Clean Air Act to authorize the Administrator of the Environmental Protection Agency (EPA) to approve a combination of conversions to a clean alternative fuel into a single test group, which would normally not be eligible to be in a single test group, if the manufacturer of motor vehicle or engine conversions provides: (1) substantial evidence that all the conversions in the larger grouping will have similar levels of emissions; (2) evidence of equivalent component durability over the vehicle's or engine's useful life; (3) evidence that the groups will result in sufficient in-use verification program data, appropriate tracking in use, and clear liability for the EPA's recall program; and (4) a statement that all vehicles within a test group are certified to the most stringent standards applicable to any vehicle within the test group. Establishes the Advancing Alternative Fuels Revolving Loan Fund. Directs the Administrator to use amounts in the Fund to provide loans to eligible local governments to finance purchases of authorized equipment to enable public vehicle fleets to operate on alternative fuels.

To amend the Clean Air Act to clarify that certain conversions of engines and motor vehicles from conventional fuels to clean alternative fuels will not require additional certifications, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Guantanamo Bay Detention Facility Safe Closure Act of 2009''. SEC. 2. FINDINGS. The Senate makes the following findings: (1) Since the United States began its Global War on Terrorism, terrorists have been captured by the United States and their allies and detained in facilities at Guantanamo Bay Detention Facility (GTMO), Cuba. (2) The detainee complex at Guantanamo Bay, Cuba, is the only complex in the world that can safely and humanely hold individuals that pose a high-security risk to the United States. It is a secure location away from population centers, provides maximum security required to prevent escape, provides multiple levels of confinement opportunities based on compliance of the detainee, and provides medical care not available to a majority of the population of the world. (3) GTMO is the single greatest repository of human intelligence in the war on terror. This intelligence has prevented terrorist attacks and saved lives in the past and continues to do so today. (4) New intelligence being collected from detainees at GTMO is being used to fight terrorists in Iraq, Afghanistan, and around the globe. (5) Intelligence information obtained from questioning detainees includes-- (A) the organizational structure of al-Qaida and other terrorist groups; (B) the extent of terrorist presence in Europe, the United States, and the Middle East; (C) al-Qaida's pursuit of weapons of mass destruction; (D) methods of recruitment and locations of recruitment centers; (E) terrorist skill sets, including general and specialized operative training; and (F) how legitimate financial activities are used to hide terrorist operations. (6) The Expeditionary Legal Complex (ELC) located at GTMO is the only one of its kind in the world. It provides a secure location to secure and try detainees charged by the United States Government, full access to sensitive and classified information, full access to defense lawyers and prosecution, and full media access by the press. (7) There are on average two lawyers for every detainee that has been charged or had charges preferred against them at GTMO. (8) There are 127 doctors, nurses, and medical technicians dedicated to caring for and maintaining the health of each detainee--a ratio of 1:2 (one health care professional for every two detainees). (9) GTMO is operated by the Department of Defense and only interrogation techniques approved by the Secretary of Defense have been used. (10) Detainees are being treated humanely. (11) There are no solitary confinement facilities at Guantanamo. (12) Water boarding has never occurred at GTMO. (13) Current treatment and oversight exceed any maximum- security prison in the world. (14) Since 2002, more than 520 detainees have departed Guantanamo for other countries, including Albania, Afghanistan, Australia, Bangladesh, Bahrain, Belgium, Denmark, Egypt, France, Great Britain, Iran, Iraq, Jordan, Kuwait, Libya, Maldives, Mauritania, Morocco, Pakistan, Russia, Saudi Arabia, Spain, Sweden, Sudan, Tajikistan, Turkey, Uganda, the United Kingdom, and Yemen. (15) There are approximately 245 detainees from over 30 countries remaining at GTMO. These detainees include terrorist trainers, terrorist financiers, bomb makers, Osama bin Laden bodyguards, recruiters and facilitators, and would-be suicide bombers. Detainees remaining at GTMO fall into three categories: (A) Detainees who have been cleared for release but the United States has not been able to find a foreign country willing to accept them. (B) Detainees who have been tried, had charges referred to trial, or are awaiting for referral to trial. (C) Detainees who are either of high threat to the United States or are from countries where the United States is unable to get sufficient assurances that the country will mitigate their threat if transferred. (16) The Pentagon claims that 61 of released GTMO detainees have ``returned to the fight''. (17) Said Ali al-Shihri, suspected of involvement in the bombing of the United States Embassy in Yemen on 17 September 2008, was released to Saudi Arabia in 2007, passed through a Saudi rehabilitation program, and has resurfaced as the new deputy leader of al-Qaida in Yemen. (18) In 2007, the Senate passed a resolution, 94-3, stating, ``detainees housed at Guantanamo should not be released into American society, nor should they be transferred stateside into facilities in American communities and neighborhoods.''. (19) On January 20, 2009, President Obama instructed military prosecutors to seek a 120-day suspension of legal proceedings at GTMO or what administration officials called ``a continuance of the proceedings''. (20) On January 22, 2009, President Obama ordered the closing of the GTMO prisons within a year. (21) The United States is still in a global war on terror, engaged in armed conflict with terrorist organizations, and will, in all probability, continue to capture terrorists who will be detained in a facility. (22) If the detention facility at GTMO is closed, some United States domestic or overseas prison will have to house these detainees while they await disposition. SEC. 3. PROHIBITION ON USE OF FUNDS TO TRANSFER DETAINEES AT NAVAL STATION GUANTANAMO BAY, CUBA, TO ANY FACILITY IN THE UNITED STATES OR CONSTRUCT ANY FACILITY FOR SUCH DETAINEES IN THE UNITED STATES. None of the funds appropriated or otherwise made available to any department or agency of the United States Government may be obligated or expended for a purpose as follows: (1) To transfer any detainee of the United States housed at Naval Station, Guantanamo Bay, Cuba, to any facility in the United States or its territories. (2) To construct, improve, modify, or otherwise enhance any facility in the United States or its territories for the purpose of housing any detainee described in paragraph (1). (3) To house or otherwise incarcerate any detainee described in paragraph (1) in the United States or its territories.

Guantanamo Bay Detention Facility Safe Closure Act of 2009 - Prohibits federal funds from being used to: (1) transfer any detainee at the Naval Station Guantanamo Bay, Cuba, to any facility in the United States or its territories; (2) construct or enhance any facility in the United States in order to house any such detainee; or (3) house or otherwise incarcerate any such detainee in the United States or its territories.

A bill to prohibit the use of funds to transfer detainees of the United States at Naval Station, Guantanamo Bay, Cuba, to any facility in the United States or to construct any facility for such detainees in the United States, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Antibiotic Resistance Prevention Act of 2001''. SEC. 2. FINDINGS. The Congress finds as follows: (1) The discovery in the 1940s of antimicrobial drugs, such as penicillin and streptomycin, led to ground breaking treatment of day-to-day illnesses and fatal diseases. (2) Drug-resistant pathogens have developed because many physicians and other health professionals have historically overprescribed antimicrobial drugs. (3) Antimicrobial resistance can be spurred by patients seeking antibiotics for viruses rather than bacterial infections. Antibiotics are effective only for bacterial infections, not viral infections. (4) Patients who fail to finish their prescribed doses of antibiotics leave themselves vulnerable to certain bacteria, strengthening antibiotic resistance. (5) Microbes that have increasingly built up resistance to antibiotics include the microbes involved in pneumonia; ear infections and meningitis; skin, bone, lung, and bloodstream infections; urinary tract infections; food borne infections; and infections transmitted in health care settings. (6) Many other pathogens are also becoming resistant to conventional treatments, including the bacteria that cause tuberculosis and gonorrhea; the fungi that cause yeast infections; and the parasites that cause malaria. (7) A substantial but as yet undetermined percentage of all antibiotics produced in the United States are used in animals, with estimates ranging from 40 to 80 percent. A substantial percentage of these antibiotics are used nontherapeutically in feed or in the water of farm animals to make them grow faster, while only about 20 percent of antibiotic feed additives are used to treat established infections. (8) This usage of antibiotics in farm animals, at levels too low to cure bacterial diseases but high enough to control them, is creating selective pressure on bacteria, causing them to develop resistance to the antibiotics. (9) Antibiotic resistant bacteria selected in animals can reach humans and pass their resistance to bacteria pathogenic to humans or, if pathogenic themselves, can cause disease that is not easily treatable, prolonging recovery. (10) Statistics have shown that antibiotic resistance can cause the total costs of inpatient care to be more than double the direct costs of such care. (11) Expenses incurred by hospitals around the Nation have risen to nearly $1.3 billion per year as a result of six ordinary types of resistant bacteria. (12) The Institute of Medicine, the American Society for Microbiology, the World Health Organization, the Congressional Office of Technology Assessment, and the General Accounting Office each have found that the Nation should improve surveillance for mounting antimicrobial resistance problems; prolong the useful life of antimicrobial drugs; develop new drugs; and utilize other measures, such as improved vaccines, diagnostics, and infection control measures, to prevent and control antimicrobial resistance. SEC. 3. DEPARTMENT OF HEALTH AND HUMAN SERVICES; FUNDING FOR TOP PRIORITY ACTION ITEMS UNDER PUBLIC HEALTH ACTION PLAN TO COMBAT ANTIMICROBIAL RESISTANCE. (a) In General.--For the purpose of carrying out the top priority action items designated in the Antimicrobial Resistance Action Plan, but only to the extent that the activities involved are within the jurisdiction of the Department of Health and Human Services (as determined under Federal laws other than this Act), there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2002 through 2006. Such authorization is in addition to other authorizations of appropriations that are available for such purpose. (b) Top Priority Action Items.--For purposes of this Act, the term ``top priority action items'' are action items designated by number in the Antimicrobial Resistance Action Plan and included (by reference to such numbers and to the categories used in such Plan) in the following list: (1) In the category ``Surveillance'', the following action items: (A) Action Item #2, described in the Plan as follows: ``With partners, design and implement a national AR surveillance plan that defines national, regional, state, and local surveillance activities and the roles of clinical, reference, public health, and veterinary laboratories. The plan should be consistent with local and national surveillance methodology and infrastructure that currently exist or are being developed.''. (B) Action Item #5, described in the Plan as follows: ``Develop and implement procedures for monitoring patterns of antimicrobial drug use in human medicine, agriculture, veterinary medicine, and consumer products.''. (2) In the category ``Prevention and Control'', the following action items: (A) Action Item #25, described in the Plan as follows: ``Conduct a public health education campaign to promote appropriate antimicrobial use as a national health priority.''. (B) Action Item #26, described in the Plan as follows: ``In collaboration with many partners, develop and facilitate the implementation of educational and behavioral interventions that will assist clinicians in appropriate antimicrobial prescribing.''. (C) Action Item #39, described in the Plan as follows: ``Evaluate the effectiveness (including cost- effectiveness) of current and novel infection-control practices for health care and extended care settings and in the community. Promote adherence to practices proven to be effective.''. (D) Action Item #58, described in the Plan as follows: ``In consultation with stakeholders, refine and implement the proposed FDA framework for approving new antimicrobial drugs for use in food-animal production and, when appropriate, for re-evaluating currently approved veterinary antimicrobial drugs.''. (E) Action Item #63, described in the Plan as follows: ``Support demonstration projects to evaluate comprehensive strategies that use multiple interventions to promote appropriate drug use and reduce infection rates, in order to assess how interventions found effective in research studies can be applied routinely and most cost-effectively on a large scale.''. (3) In the category ``Research'', the following action items: (A) Action Item #70, described in the Plan as follows: ``Provide the research community genomics and other powerful technologies to identify targets in critical areas for the development of new rapid diagnostics methodologies, novel therapeutics, and interventions to prevent the emergence and spread of resistant pathogens.''. (B) Action Item #75, described in the Plan as follows: ``In consultation with academia and the private sector, identify and conduct human clinical studies addressing AR issues of public health significance that are unlikely to be studied in the private sector (e.g., novel therapies, new treatment regimens, and other products and practices).''. (C) Action Item #76, described in the Plan as follows: ``Identify, develop, test, and evaluate new rapid diagnostic methods for human and veterinary uses with partners, including academia and the private sector. Such methods should be accurate, affordable, and easily implemented in routine clinical settings (e.g., tests for resistance genes, point-of-care diagnostics for patients with respiratory infections and syndromes, and diagnostics for drug resistance in microbial pathogens, including in nonculture specimens).''. (D) Action Item #77, described in the Plan as follows: ``Encourage basic and clinical research in support of the development and appropriate use of vaccines in human and veterinary medicine in partnership with academia and the private sector.''. (4) In the category ``Product Development'', the following action items: (A) Action Item #79, described in the Plan as follows: ``Create an Interagency AR Product Development Working Group to identify and publicize priority public health needs in human and animal medicine for new AR products (e.g., innovative drugs, targeted spectrum antibiotics, point-of-care diagnostics, vaccines and other biologics, anti-infective medical devices, and disinfectants).''. (B) Action Item #80, described in the Plan as follows: ``Identify ways (e.g. financial and/or other incentives or investments) to promote the development and/or appropriate use of priority AR products, such as novel compounds and approaches, for human and veterinary medicine for which market incentives are inadequate.''. The 13 action items specified in this subsection all have top priority under the Plan, regardless of their order on the list. (c) Antimicrobial Resistance Action Plan.--For purposes of this Act, the term ``Antimicrobial Resistance Action Plan'' means the plan that-- (1) is entitled ``A Public Health Action Plan to Combat Antimicrobial Resistance''; and (2) was developed by an interagency Task Force on Antimicrobial Resistance, created in 1999, that-- (A) is cochaired by the Centers for Disease Control and Prevention, the Food and Drug Administration, and the National Institutes of Health; and (B) in addition includes-- (i) the Agency for Healthcare Research and Quality and the Health Resources and Services Administration; (ii) the Health Care Financing Administration; (iii) the Environmental Protection Agency; and (iv) the Department of Agriculture, the Department of Defense, and the Department of Veterans Affairs. (d) AR.--For purposes of this Act, the term ``AR'' means antimicrobial resistance.

Antibiotic Resistance Prevention Act of 2001 - Authorizes appropriations for FY 2002 through 2006 for carrying out certain top priority action items designated in the Antimicrobial Resistance Action Plan (developed by an interagency Task Force on Antimicrobial Resistance in 1999) and within the jurisdiction of the Department of Health and Human Services.

To provide for funding for the top priority action items in the interagency public health action plan that has been developed in response to the problem of antimicrobial resistance, to the extent that the activities involved are within the jurisdiction of the Department of Health and Human Services.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Unsubscribe Act of 2017''. SEC. 2. INCREASED CONSUMER PROTECTION WITH RESPECT TO NEGATIVE OPTION AGREEMENTS ENTERED INTO ON THE INTERNET. (a) Cancellation of Negative Option Agreements.--No person may enter into a negative option agreement on the Internet with any consumer, unless the negative option agreement provides the consumer with a mechanism to cancel the agreement in the same manner, and by the same means, into which the agreement was entered. (b) Requirements for Free-to-Pay Conversion Contracts.-- (1) In general.--It shall be unlawful for any person to charge or attempt to charge any consumer's credit card, debit card, bank account, or other financial account for any good or service sold in a free-to-pay conversion contract entered into on the Internet, unless-- (A) before obtaining the consumer's billing information, the person has obtained the consumer's express informed consent to enter into the contract and has provided the consumer with a notification of the terms of the contract, including the fact that-- (i) for an introductory period, the consumer will receive the good or service at no charge or for a nominal charge; and (ii) after the introductory period, the consumer will be charged or charged an increased amount for the good or service; and (B) before the initial charge or initial increase after the introductory period, the person requires the consumer to perform an additional affirmative action, such as clicking on a confirmation button or checking a box, which indicates the consumer's consent to be charged the amount disclosed. (2) Mandatory notifications.--After the introductory period in a free-to-pay conversion contract entered into on the Internet between any person and any consumer, and on a quarterly basis while the contract remains in effect, the person shall provide the consumer with a copy of the notification of the terms of the contract. (c) Mandatory Notifications With Respect to Other Negative Option Agreements.-- (1) Automatic renewal contracts.--With respect to an automatic renewal contract entered into on the Internet between any person and any consumer-- (A) not later than 30 days before the end of the initial fixed period in the contract, the person shall provide the consumer with a notification of the terms of the contract; and (B) after the initial fixed period in the contract, and on a quarterly basis while the contract remains in effect, the person shall provide the consumer with a copy of the notification of the terms of the contract. (2) Continuity plan contracts.--With respect to a continuity plan contract entered into on the Internet between any person and any consumer, the person shall provide the consumer with a copy of the notification of the terms of the contract on a quarterly basis while the contract remains in effect. (d) Regulations.--The Federal Trade Commission may prescribe regulations under section 553 of title 5, United States Code, to carry out this Act. SEC. 3. ENFORCEMENT. (a) By Federal Trade Commission.-- (1) In general.--A violation of this Act or any regulation prescribed under this Act shall be treated as a violation of a rule issued under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)) regarding unfair or deceptive acts or practices. The Federal Trade Commission shall enforce 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. (2) Penalties.--Any person who violates this Act or any regulation prescribed under this Act shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act as though all applicable terms and provisions of the Federal Trade Commission Act were incorporated in and made part of this Act. (b) By State Attorneys General.-- (1) In general.--Except as provided in paragraph (5), the attorney general of a State or other authorized State officer alleging a violation of this Act or any regulation prescribed under this Act that affects or may affect the State or the residents of the State may bring an action on behalf of the residents of the State in any United States district court for the district in which the defendant is found, resides, or transacts business, or wherever venue is proper under section 1391 of title 28, United States Code, to obtain appropriate injunctive relief. (2) Notice to commission required.--A State shall provide prior written notice to the Federal Trade Commission of any civil action brought under paragraph (1) with a copy of the complaint for the civil action, except that if providing such prior notice is not feasible for the State, the State shall provide notice immediately upon instituting the civil action. (3) Intervention by the commission.--The Federal Trade Commission may intervene in a civil action brought under paragraph (1) and upon intervening-- (A) may be heard on all matters arising in the civil action; and (B) may file petitions for appeal of a decision in the civil action. (4) Construction.--Nothing in this subsection shall be construed-- (A) to prevent the attorney general of a State or other authorized State officer from exercising the powers conferred on the attorney general or other authorized State officer by the laws of the State; or (B) to prohibit the attorney general of a State or other authorized State officer from proceeding in State or Federal court on the basis of an alleged violation of any civil or criminal statute of that State. (5) Limitation.--An action may not be brought under this subsection if, at the time the action is brought, the same alleged violation is the subject of a pending action by the Federal Trade Commission or the United States. SEC. 4. DEFINITIONS. In this Act: (1) Automatic renewal contract.--The term ``automatic renewal contract'' means a contract between any person and any consumer for a good or service that is automatically renewed after an initial fixed period, unless the consumer instructs otherwise. (2) Continuity plan contract.--The term ``continuity plan contract'' means a contract between any person and any consumer under which the consumer agrees to incur charges in exchange for periodic shipments of goods or the provision of services, unless the consumer instructs otherwise. (3) Free-to-pay conversion contract.--The term ``free-to- pay conversion contract'' means a contract between any person and any consumer under which-- (A) for an introductory period, the consumer receives a good or service at no charge or for a nominal charge; and (B) after the introductory period, the consumer is charged or charged an increased amount for the good or service. (4) Negative option agreement.--The term ``negative option agreement'' means-- (A) an automatic renewal contract; (B) a continuity plan contract; (C) a free-to-pay conversion contract; (D) a pre-notification negative option plan contract; or (E) any combination of the contracts described in subparagraphs (A) through (D). (5) Notification.--The term ``notification'', when used with respect to the terms of a contract, means a written notification that clearly, conspicuously, and concisely states all material terms of the contract, including information regarding the cancellation process. (6) Pre-notification negative option plan contract.--The term ``pre-notification negative option plan contract'' means a contract between any person and any consumer under which the consumer receives periodic notices offering goods and, unless the consumer specifically rejects the offer, the consumer automatically receives the goods and incurs a charge for such goods. SEC. 5. EFFECTIVE DATE. This Act shall apply with respect to contracts entered into after the date that is 1 year after the date of the enactment of this Act.

Unsubscribe Act of 2017 This bill prohibits a negative option agreement from being entered on the Internet with consumers unless it provides the consumers a mechanism to cancel in the same manner, and by the same means, in which the agreement was entered. The bill defines a "negative option agreement" as: an automatic renewal contract that is automatically renewed after an initial fixed period, unless the consumer instructs otherwise; a continuity plan contract under which the consumer agrees to incur charges in exchange for periodic shipments of goods or the provision of services, unless the consumer instructs otherwise; a "free-to-pay conversion contract" under which, for an introductory period, the consumer receives a good or service at no charge or for a nominal charge, and then after the introductory period, the consumer is charged, or is charged an increased amount, for the good or service; or a "pre-notification negative option plan contract" under which the consumer receives periodic notices offering goods and, unless the consumer specifically rejects the offer, the consumer automatically receives the goods and incurs a charge for such goods. For free-to-pay conversion contracts entered into on the Internet, the consumer's consent must be obtained: (1) before obtaining the consumer's billing information after notice is provided of the terms of the contract, and (2) before the initial charge or initial increase after the introductory period through a requirement that the consumer perform an additional affirmative action (e.g., clicking on a confirmation button) indicating consent to be charged the amount disclosed. After the introductory period in such a free-to-pay conversion contract, and on a quarterly basis while the contract remains in effect, the consumer must be provided with a copy of the notification of the terms of the contract. In automatic renewal contracts, the consumer must be: (1) notified of the terms of the contract not later than 30 days before the end of the initial fixed period in the contract, and (2) provided a copy of the notification after the initial fixed period and on quarterly basis while the contract remains in effect. The Federal Trade Commission and states are provided authority to enforce against violations of this bill. Violations shall be treated as unfair or deceptive acts or practices under the Federal Trade Commission Act.

Unsubscribe Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Radiation Detection for Dirty Bomb Material in Containers and Bulk Cargo Act of 2003''. SEC. 2. FINDINGS. Congress finds that-- (1) the possibility of a terrorist group using a dirty bomb as a weapon against the United States is 1 of the greatest threats to national security; (2) it is not difficult to transport dirty bomb material and conventional explosives into the United States in a sea freight container or bulk material cargo; (3) because of the threat of dirty bombs to national security and the limitations of the current radiation detection system with respect to detecting dirty bombs, the Secretary of Energy should carry out a program to demonstrate the operation of a large-scale radiation detection system that uses advanced scanning technologies to enable more sea freight containers and bulk material cargo to be inspected at seaports and places of entry by land; (4) in selecting a system for demonstration, the Secretary should give priority to existing radiation detection technologies that-- (A) have proven to be effective nationally and internationally; (B) may be quickly implemented; and (C) are capable of detecting radioactive sources in sea freight containers and bulk material cargo to a reasonable depth; (5) the selected system should-- (A) screen sea freight containers and bulk material cargo without, to the maximum extent practicable, inhibiting the flow of commerce at seaports and places of entry by land; (B) operate at a level capable of detecting a heavily shielded, concealed, radioactive source; and (C) have the capability of distinguishing between-- (i) a nonthreatening radioactive source; and (ii) a radioactive source that is being used, or capable of being used, as a dirty bomb; (6) any information that is obtained during the scanning of sea freight containers and bulk material cargo should be maintained in a central data collection system to be archived in real-time and made available to the appropriate Federal, State, and local agencies for use in tracking and analyzing trends and alarm conditions and operating radiation detection systems; (7) pilot projects for monitoring sea freight containers and bulk material cargo that are carried out under this Act should incorporate information obtained from all other national and international projects pertaining to inspection of sea containers and cargo shipped across places of entry by land; and (8) in developing the final procedures and protocols for monitoring sea freight containers and bulk material cargo for radiation, the Secretary should ensure that the procedures and protocols-- (A) address situations that seaport and land authorities may confront during the scanning of incoming cargoes; and (B) provide the seaport and land authorities with the necessary guidance to adequately respond to the situations. SEC. 3. DEFINITIONS. In this Act: (1) Program.--The term ``program'' means the radiation detection system demonstration program carried out under section 4. (2) Secretary.--The term ``Secretary'' means the Secretary of Energy. (3) System.--The term ``system'' means a radiation detection system. SEC. 4. RADIATION DETECTION SYSTEM DEMONSTRATION PROGRAM. (a) In General.--The Secretary shall carry out a program to-- (1) maintain and expand ongoing seaport and land radiation detection system projects; (2) use existing laboratory relationships and expertise in large-scale radiation monitoring systems; (3) evaluate radiation detection systems for use at seaports and places of entry by land in the United States; and (4) select at least 1 system for demonstration at a seaport and 1 system for demonstration at a place of entry by land. (b) Evaluation of Systems.-- (1) In general.--The Secretary shall conduct an evaluation of existing state-of-the-art systems that provide the highest degree of detection capability for radioactive sources that may be hidden in sea freight containers or cargo crossing land borders. (2) Technology.--The Secretary shall emphasize the rapid development of existing technology and systems on completion of the evaluation. (c) Selection of System for Demonstration.-- (1) In general.--A system selected by the Secretary-- (A) may include hardware components such as detectors, instrumentation, and communication hardware; and (B) shall include-- (i) integration of the hardware; (ii) reporting procedures and protocols; and (iii) coordination for decisionmaking, databases, and related software developments. (2) Proximity to material.--In selecting a system for demonstration, the Secretary shall-- (A) take into consideration that it is critical that the system be located as close as possible to the material to be scanned; and (B) select a system that allows for close proximity. (3) Technology field operational time.--The Secretary shall select for demonstration a system that uses a technology that has proven field operational time. (d) Demonstration.-- (1) Use of knowledge gained from previous study.--In the demonstration phase of the program, the Secretary shall-- (A) incorporate knowledge gained from the study conducted at Port of New Orleans before the date of enactment of this Act; and (B) expand on that knowledge to account for material shipped in containers. (2) Duration.--The demonstration phase of the program shall be completed not later than 2 years after the date on which funding is made available for the program. (3) Future Needs.--As part of the demonstration phase, the Secretary shall-- (A) identify needs for future research and improvement for continued development of emerging systems; and (B) make Federal, State, and local agencies with responsibilities relating to seaport and land authorities aware of those needs. (e) Requirements.-- (1) Data.--Regardless of the operational condition of a system, all data detected by the system shall be collected, displayed, and archived. (2) Durability.--A system shall be capable of withstanding critical acceleration caused by severe impacts and rough handling, that are attendant to the monitoring of containers and bulk material being unloaded from a ship. (3) Radiation detected.--A system shall be capable of detecting gammas and neutrons emitted by isotopes that could be used to construct a dirty bomb, including cobalt-60, cesium- 137, iridium-192, iodine-131, and americium-241/beryllium. (4) System operation.--The operation of a system shall be fully automatic. (5) Detection time.--A system shall be capable of detecting radiation in a container that will not significantly inhibit the flow of commerce. (6) Background.--A system shall be sensitive to fluctuations in background levels. SEC. 5. PROCEDURES AND PROTOCOLS FOR DETECTION AND REPORTING. In connection with the program, the Secretary shall develop standard procedures and protocols for detection and reporting of data collected from radiation collection systems to allow synchronization of technical approaches to detection and harmonize coordination efforts among agencies. SEC. 6. TECHNICAL ASSISTANCE. (a) In General.--The Secretary shall develop a national technical assistance program to share and propagate the experiences gained in conducting the program. (b) Stakeholders.--In carrying out subsection (a), the Secretary shall solicit the views of stakeholders (including members of the National Maritime Security Advisory Committee, local port authorities, the Conference of Radiation Control Program Directors, Inc., and the Health Physics Society) to encourage the greatest level of participation in the development of a national program of radiation detection systems. SEC. 7. INTERNSHIPS. In connection with the program, the Secretary shall provide student internships to universities in States with significant seaports that focus on academic programs pertaining to radiation detection and radiation health physics. SEC. 8. REPORT. At the conclusion of the program, the Secretary shall submit to Congress a report that describes the results of the program. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated for each of fiscal years 2004 through 2007 such sums as are necessary to carry out this Act.

Radiation Detection for Dirty Bomb Material in Containers and Bulk Cargo Act of 2003 - Instructs the Secretary of Energy to implement a program to: (1) maintain and expand ongoing seaport and land radiation detection system projects; (2) use existing laboratory relationships and expertise in large-scale radiation monitoring systems; (3) evaluate radiation detection systems for use at seaports and places of entry by land in the United States; and (4) select at least one system for demonstration at a seaport and at a place of land entry.Directs the Secretary to: (1) conduct an evaluation of existing state-of-the-art systems that provide the highest degree of detection capability for radioactive sources hidden in sea freight containers or cargo crossing land borders; (2) emphasize the rapid development of existing technology and systems on completion of the evaluation; (3) develop standard procedures and protocols for detection and reporting of data collected from radiation collection systems; and (4) develop a national technical assistance program to share and propagate the experiences gained in conducting the program.Requires the Secretary to solicit the views of stakeholders, including the National Maritime Security Advisory Committee, local port authorities, the Conference of Radiation Control Program Directors, Inc., and the Health Physics Society; and (2) provide student internships to universities in States with significant seaports that focus on academic programs pertaining to radiation detection and radiation health physics.

A bill to direct the Secretary of Energy to carry out a program to evaluate and demonstrate the operation of radiation detection systems for use at seaports in the United States.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Community Drinking Water Assistance Act''. SEC. 2. FINDINGS. Congress finds that-- (1) drinking water standards proposed and in effect as of the date of enactment of this Act will place a large financial burden on many public water systems, especially those public water systems in rural communities serving small populations; (2) the limited scientific, technical, and professional resources available in small communities complicate the implementation of regulatory requirements; (3) small communities often cannot afford to meet water quality standards because of the expenses associated with upgrading public water systems and training personnel to operate and maintain the public water systems; (4) small communities do not have a tax base for dealing with the costs of upgrading their public water systems; (5) small communities face high per capita costs in improving drinking water quality; (6) small communities would greatly benefit from a grant program designed to provide funding for water quality projects; (7) as of the date of enactment of this Act, there is no Federal program in effect that adequately meets the needs of small, primarily rural communities with respect to public water systems; and (8) since new, more protective arsenic drinking water standards proposed by the Clinton and Bush administrations, respectively, are expected to be implemented in 2006, the grant program established by the amendment made by this Act should be implemented in a manner that ensures that the implementation of those new standards is not delayed. SEC. 3. ASSISTANCE FOR SMALL PUBLIC WATER SYSTEMS. (a) Definition of Indian Tribe.--Section 1401(14) of the Safe Drinking Water Act (42 U.S.C. 300f(14)) is amended in the second sentence by striking ``1452,'' and inserting ``1452 and part G,''. (b) Establishment of Program.--The Safe Drinking Water Act (42 U.S.C. 300f et seq.) is amended by adding at the end the following: ``PART G--ASSISTANCE FOR SMALL PUBLIC WATER SYSTEMS ``SEC. 1471. DEFINITIONS. ``In this part: ``(1) Eligible activity.-- ``(A) In general.--The term `eligible activity' means a project or activity concerning a small public water system that is carried out by an eligible entity to comply with drinking water standards. ``(B) Inclusions.--The term `eligible activity' includes-- ``(i) obtaining technical assistance; and ``(ii) training and certifying operators of small public water systems. ``(C) Exclusion.--The term `eligible activity' does not include any project or activity to increase the population served by a small public water system, except to the extent that the Administrator determines such a project or activity to be necessary to-- ``(i) achieve compliance with a national primary drinking water regulation; and ``(ii) provide a water supply to a population that, as of the date of enactment of this part, is not served by a safe public water system. ``(2) Eligible entity.--The term `eligible entity' means a small public water system that-- ``(A) is located in a State or an area governed by an Indian Tribe; and ``(B)(i) if located in a State, serves a community that, under affordability criteria established by the State under section 1452(d)(3), is determined by the State to be-- ``(I) a disadvantaged community; or ``(II) a community that may become a disadvantaged community as a result of carrying out an eligible activity; or ``(ii) if located in an area governed by an Indian Tribe, serves a community that is determined by the Administrator, under affordability criteria published by the Administrator under section 1452(d)(3) and in consultation with the Secretary, to be-- ``(I) a disadvantaged community; or ``(II) a community that the Administrator expects to become a disadvantaged community as a result of carrying out an eligible activity. ``(3) Program.--The term `Program' means the small public water assistance program established under section 1472(a). ``(4) Secretary.--The term `Secretary' means the Secretary of Health and Human Services, acting through the Director of the Indian Health Service. ``(5) Small public water system.--The term `small public water system' means a public water system (including a community water system and a noncommunity water system) that serves-- ``(A) a community with a population of not more than 200,000 individuals; or ``(B) a public water system located in-- ``(i) Bernalillo or Sandoval County, New Mexico; ``(ii) Scottsdale, Arizona; ``(iii) Mesquite or Washoe County, Nevada; or ``(iv) El Paso County, Texas. ``SEC. 1472. SMALL PUBLIC WATER SYSTEM ASSISTANCE PROGRAM. ``(a) Establishment.-- ``(1) In general.--Not later than 1 year after the date of enactment of this part, the Administrator shall establish a program to provide grants to eligible entities for use in carrying out projects and activities to comply with drinking water standards. ``(2) Priority.--Subject to paragraph (3), the Administrator shall award grants under the Program to eligible entities based on-- ``(A) first, the financial need of the community for the grant assistance, as determined by the Administrator; and ``(B) second, with respect to the community in which the eligible entity is located, the per capita cost of complying with drinking water standards, as determined by the Administrator. ``(3) Small communities.--In making grants under this section, the Administrator shall ensure that not less than 20 percent of grant funds provided for each fiscal year are used to carry out eligible activities in communities with a population of less than 50,000 individuals. ``(b) Application Process.-- ``(1) In general.--An eligible entity that seeks to receive a grant under the Program shall submit to the Administrator, on such form as the Administrator shall prescribe (not to exceed 3 pages in length), an application to receive the grant. ``(2) Components.--The application shall include-- ``(A) a description of the eligible activities for which the grant is needed; ``(B) a description of the efforts made by the eligible entity, as of the date of submission of the application, to comply with drinking water standards; and ``(C) any other information required to be included by the Administrator. ``(3) Review and approval of applications.-- ``(A) In general.--On receipt of an application under paragraph (1), the Administrator shall forward the application to the Council. ``(B) Approval or disapproval.--Not later than 90 days after receiving the recommendations of the Council under subsection (e) concerning an application, after taking into consideration the recommendations, the Administrator shall-- ``(i) approve the application and award a grant to the applicant; or ``(ii) disapprove the application. ``(C) Resubmission.--If the Administrator disapproves an application under subparagraph (B)(ii), the Administrator shall-- ``(i) inform the applicant in writing of the disapproval (including the reasons for the disapproval); and ``(ii) provide to the applicant a deadline by which the applicant may revise and resubmit the application. ``(c) Cost Sharing.-- ``(1) In general.--Except as provided in paragraph (2), the Federal share of the cost of carrying out an eligible activity using funds from a grant provided under the Program shall not exceed 90 percent. ``(2) Waiver.--The Administrator may waive the requirement to pay the non-Federal share of the cost of carrying out an eligible activity using funds from a grant provided under the Program if the Administrator determines that an eligible entity is unable to pay, or would experience significant financial hardship if required to pay, the non-Federal share. ``(d) Enforcement and Implementation of Standards.-- ``(1) In general.--Subject to paragraph (2), the Administrator shall not enforce any standard for drinking water under this Act (including a regulation promulgated under this Act) against an eligible entity during the period beginning on the date on which the eligible entity submits an application for a grant under the Program and ending, as applicable, on-- ``(A) the deadline specified in subsection (b)(3)(C)(ii), if the application is disapproved and not resubmitted; or ``(B) the date that is 3 years after the date on which the eligible entity receives a grant under this part, if the application is approved. ``(2) Arsenic standards.--No standard for arsenic in drinking water promulgated under this Act (including a standard in any regulation promulgated before the date of enactment of this part) shall be implemented or enforced by the Administrator in any State until the earlier of January 1, 2006 or such date as the Administrator certifies to Congress that-- ``(A) the Program has been implemented in the State; and ``(B) the State has made substantial progress, as determined by the Administrator in consultation with the Governor of the State, in complying with drinking water standards under this Act. ``(e) Role of Council.--The Council shall-- ``(1) review applications for grants from eligible entities received by the Administrator under subsection (b); ``(2) for each application, recommend to the Administrator whether the application should be approved or disapproved; and ``(3) take into consideration priority lists developed by States for the use of drinking water treatment revolving loan funds under section 1452. ``SEC. 1473. AUTHORIZATION OF APPROPRIATIONS. ``There is authorized to be appropriated to carry out this part $1,900,000,000 for each of fiscal years 2006 through 2011.''.

Community Drinking Water Assistance Act - Amends the Safe Drinking Water Act to require the Administrator of the Environmental Protection Agency (EPA) to establish a program of grants for small public water systems (those serving populations of not more than 200,000 or located in specified communities) in disadvantaged communities, or in those that may become disadvantaged as a result of compliance with drinking water standards, for use in carrying out projects and activities to comply with such standards. Requires the Administrator to: (1) give priority in awarding grants based on, first, the financial need of the community and, second, the per capita cost of the community's compliance; and (2) ensure that not less than 20 percent of grant funds are used for activities in communities with populations of less than 50,000. Sets forth the process for applications. Limits the Federal share of costs for grant-funded activities to 90 percent of the total. Provides temporary relief from enforcement of drinking water standards for eligible entities during and after the grant application process. Delays implementation or enforcement by the Administrator of an arsenic standard in any State until the earlier of January 1, 2006, or the date on which the Administrator certifies that the program has been implemented in that State and the State has made substantial progress in drinking water standards compliance.

A bill to amend the Safe Drinking Water Act to establish a program to provide assistance to small communities for use in carrying out projects and activities necessary to achieve or maintain compliance with drinking water standards.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Protections Against Terrorist Transfer Act of 2016''. SEC. 2. STRENGTHENING OF CERTIFICATION REQUIREMENTS RELATING TO THE TRANSFER OR RELEASE OF DETAINEES AT UNITED STATES NAVAL STATION, GUANTANAMO BAY, CUBA. (a) Certification Requirement Generally.--Subsection (a) of section 1034 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114-92; 129 Stat. 969; 10 U.S.C. 801 note) is amended-- (1) in the subsection heading, by striking ``Prior''; and (2) by striking paragraph (1) and inserting the following new paragraph (1): ``(1) In general.--Except as provided in paragraph (2), no amount authorized to be appropriated or otherwise made available for the Department of Defense or any other department, agency, or element of the United States Government may be used after the date of the enactment of the Protections Against Terrorist Transfer Act of 2016 to transfer, release, or assist in the transfer or release of any individual detained at Guantanamo to the custody or control of any foreign country or other foreign entity unless the Secretary of Defense certifies to the appropriate committees of Congress that the individual no longer poses a continuing threat to the security of the United States, its citizens, and its interests as described in subsection (b). The certification with respect to an individual shall be submitted not later than 30 days after the date on which the Secretary makes the determination that the individual no longer poses a continuing threat to the security of the United States, its citizens, and its interests.''. (b) Certification Elements.--Subsection (b) of such section is amended-- (1) by redesignating paragraphs (1) through (4) as paragraphs (2) through (5), respectively; (2) by inserting before paragraph (2), as redesignated by paragraph (1) of this subsection, the following new paragraph (1): ``(1) the individual to be transferred or released no longer poses a continuing threat to the security of the United States, its citizens, and its interests;''; (3) in paragraph (2), as so redesignated, by inserting ``or release'' after ``transfer''; (4) by inserting ``or released'' after ``transferred'' each place it appears; and (5) in subparagraph (B) of paragraph (4), as so redesignated, by striking ``paragraph (2)(C)'' and inserting ``paragraph (3)(C)''. (c) Basis for Certification.--Such section is further amended-- (1) by redesignating subsections (c) through (f) as subsections (d) through (g), respectively; and (2) by inserting after subsection (b) the following new subsection (c): ``(c) Basis for Certification.-- ``(1) In general.--In making the certification described in subsection (b) with respect to an individual, the Secretary shall take into account and respond to each of the following: ``(A) The extent to which the individual was involved in or facilitated terrorist activities, including the extent to which the individual may have planned or participated in specific terrorist attacks. ``(B) The conduct of the individual when acting as part of, or substantially supporting, Taliban or al Qaeda forces, or the Islamic State of Iraq and the Levant (ISIL) or any other terrorist organization or forces, that are engaged in hostilities against the United States or its coalition partners. ``(C) The level of knowledge, skills, or training possessed by the individual that has been or could be used for terrorist purposes, including the following: ``(i) Training or ability to plan, lead, finance, organize, or execute acts of terrorism. ``(ii) Training or ability to facilitate the movement or training of terrorists. ``(iii) Any specialized training or operational experience, including training in paramilitary tactics, explosives, or weapons of mass casualty. ``(D) The nature and extent of the ties of the individual with individual terrorists, terrorist organizations, terrorist support networks, or other extremists. ``(E) Information pertaining to the likelihood that the individual intends to or is likely to engage in terrorist activities upon transfer or release. ``(F) Information pertaining to the likelihood that the individual will reestablish ties after transfer or release with terrorists, terrorist organizations, terrorist support networks, or other extremists that are engaged in hostilities against the United States or its coalition partners, and information pertaining to whether the group of which the individual was a part of at the time of capture is now defunct. ``(G) Information pertaining to the destination country, including, specifically, the following: ``(i) The presence of terrorist groups, instability, or other factors in that country that could negatively influence the potential of the individual to engage in terrorist activities upon transfer or release. ``(ii) The accessibility and likelihood the individual may contact or seek support from family, tribal, or known associates. ``(iii) The likelihood of rehabilitation or support for the individual by the receiving government or entity. ``(iv) The availability and credibility of measures by the receiving government or entity to mitigate substantially the assessed threat posed by the individual, including information regarding past detainee transfers to that country or entity, if applicable. ``(H) The likelihood the individual will be subject to trial by military commission, or any other law enforcement interest in the individual. ``(I) The conduct of the individual in the custody of the Department of Defense, including contact with any individual who is not a detainee, behavior, habits, traits, rehabilitation efforts, and whether the individual was considered a danger to other detainees or other individuals. ``(J) The physical and psychological condition of the individual, as assessed by a licensed professional. ``(K) Any other relevant factors bearing on the continuing threat to the security of the United States, its citizens, and its interests posed by the transfer or release of the individual. ``(L) Any other relevant information bearing on the national security and foreign policy interests of the United States or the interests of justice. ``(2) Recommendations.--In determining whether to make a certification described in subsection (b) on an individual, the Secretary shall take into account, and include with the certification, the recommendations and military value analyses of the following: ``(A) The Chairman of the Joint Chiefs of Staff. ``(B) The Chiefs of Staff of the Armed Forces, with respect to the effects of the transfer or release on military personnel with a residence for their permanent duty station in the geographic area, or forward deployed forces, in the foreign country concerned. ``(C) The commander of the geographic combatant command having the foreign country or entity to which the individual will be transferred or released within its area of operational responsibility. ``(D) The Commander of the United States Southern Command. ``(3) Provision to individuals.--Each individual covered by a certification described in subsection (b) shall be provided an unclassified written summary of the certification, in a language the individual understands, not earlier than 30 days after the Secretary submits the certification to the appropriate committees of Congress pursuant to subsection (a). The summary shall also be provided to the personal representative and private counsel of the individual.''. (d) Continuing Threat Defined.--Subsection (g) of such section, as redesignated by subsection (c)(1) of this section, is amended by adding at the end the following new paragraph: ``(5) The term `continuing threat', means a threat to the security of the United States that may require any type of security measure by the United States or any other foreign country or other foreign entity associated with the transfer or release of a detainee.''. (e) Additional Conforming Amendments.--Paragraph (3) of subsection (f) of such section, as so redesignated, is amended-- (1) by striking ``subsection (b)(2)(C)'' and inserting ``subsection (b)(3)(C)''; and (2) by striking ``subsection (b)(3)'' and inserting ``subsection (b)(4)''. (f) Clerical Amendment.--The heading of such section is amended to read as follows: ``SEC. 1034. CERTIFICATION REQUIREMENTS RELATING TO THE TRANSFER OR RELEASE OF DETAINEES AT UNITED STATES NAVAL STATION, GUANTANAMO BAY, CUBA.''.

Protections Against Terrorist Transfer Act of 2016 This bill amends the National Defense Authorization Act for Fiscal Year 2016 to prohibit the use of funds made available to the Department of Defense (DOD) or to any other U.S. government entity to transfer, release, or assist in the transfer or release of any individual detained at Naval Station, Guantanamo Bay, Cuba, to the custody or control of any foreign country or other foreign entity unless DOD certifies to Congress that the individual no longer poses a threat to the security of the United States, its citizens, and its interests.

Protections Against Terrorist Transfer Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``Uniting Neighborhoods and Individuals To Eliminate Racial Profiling Act'' or ``UNITE Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The overwhelming majority of Federal, State, and local law enforcement officers throughout the Nation discharge their duties professionally and without bias. (2) A large majority of individuals subjected to traffic stops and other law enforcement activities based on race, ethnicity, or national origin are found to be law abiding, in which case racial profiling is not an effective means to uncover criminal activity. (3) Racial profiling violates the equal protection clause of the United States Constitution. (4) Using race, ethnicity, or national origin as a proxy for criminal suspicion violates the constitutional requirement that police and other government officials accord to all citizens the equal protection of the law. Arlington Heights v. Metropolitan Housing Development Corporation, 429 U.S. 252 (1977). (5) Racial profiling fosters discord in communities. SEC. 3. DEFINITIONS. In this Act: (1) Covered grant program.--The term ``covered grant program'' means any grant program administered by the Department of Justice. (2) Law enforcement agency.--The term ``law enforcement agency'' means a Federal, State, local, or Indian tribal public agency engaged in the prevention, detection, or investigation of violations of criminal, immigration, or customs laws. (3) Law enforcement agent.--The term ``law enforcement agent'' means any Federal, State, local, or Indian tribal official responsible for enforcing criminal, immigration, or customs laws, including police officers and other agents of Federal, State, and local law enforcement agencies. (4) Racial profiling.--The term ``racial profiling'' means any police initiated action that relies on the race, ethnicity, or national origin rather than the behavior of an individual or information that leads the police to a particular individual who has been identified as being, or having been, engaged in criminal activity. (5) Racial profiling plan.--The term ``racial profiling plan'' means the plan developed and implemented by a State or local law enforcement agency in accordance with this Act. (6) Task force.--The term ``Task Force'' means the National Task Force on Racial Profiling established under section 201. SEC. 4. PROHIBITION ON RACIAL PROFILING. No Federal, State, or local law enforcement agent or agency shall engage in racial profiling. SEC. 5. INTENT OF ACT. This Act does not and should not impede the ability of Federal, State, and local law enforcement to protect the country and its people from any threat, be it foreign or domestic, including matters of homeland security and the tracking and identification of terrorists organizations. TITLE I--PROGRAM TO ELIMINATE RACIAL PROFILING BY FEDERAL LAW ENFORCEMENT AGENCIES SEC. 101. POLICIES TO ELIMINATE RACIAL PROFILING. (a) In General.--Federal law enforcement agencies shall-- (1) maintain adequate policies and procedures designed to eliminate racial profiling; and (2) cease existing practices that encourage racial profiling. (b) Policies.--The policies and procedures referred to in subsection (a) shall include-- (1) a prohibition on racial profiling; (2) educational training on racial profiling issues as part of Federal law enforcement training; (3) procedures for receiving, investigating, and responding meaningfully to complaints alleging racial profiling by Federal law enforcement agents of the agency; and (4) procedures to discipline Federal law enforcement agents who engage in racial profiling. TITLE II--PROGRAM TO ELIMINATE RACIAL PROFILING BY STATE AND LOCAL LAW ENFORCEMENT AGENCIES SEC. 201. NATIONAL TASK FORCE ON RACIAL PROFILING. (a) Establishment.--There is established within the Department of Justice, the National Task Force on Racial Profiling. (b) Duties.-- (1) In general.--The Task Force shall-- (A) establish goals and objectives; (B) form subcommittees to conduct research, host meetings, conferences, and symposiums; (C) establish focus groups to accomplish the goals and objectives outlined by the Task Force.; and (D) oversee State-based administrative complaint procedures. (2) Report.--Not later than 6 months after the date of enactment of this Act, the Task Force shall, based on information from the subcommittees, hearings, and other reliable sources, prepare a comprehensive report that outlines lessons learned and best practices, as well as recommendations for eliminating racial profiling. (c) Membership.-- (1) In general.--The Task Force shall consist of-- (A) 1 member appointed by the President, subject to the approval of the Attorney General and the head of the Department of Justice Civil Rights division; (B) 1 member appointed by the Democratic leadership of the House of Representatives and the Senate; (C) 1 member appointed by the Republican leadership of the House of Representatives and the Senate; and (D) 6 members appointed by the members appointed under subparagraphs (A), (B), and (C). (2) Interest categories.--The 6 members appointed under paragraph (1)(D) shall represent and have expertise in each of the following categories: (A) Law enforcement. (B) Civil rights. (C) Community or faith-based. (D) Government. (E) Political or legislative. (F) Professional research. (3) Chairperson.--The member appointed by the President shall serve as the chairperson of the Task Force and shall have a permanent office with the Department of Justice. (4) Period of appointment.--Members of the Task Force shall serve 2-year terms, with the exception of the chairperson who shall serve a 4-year term. (5) Vacancies.--Any vacancy in the Task Force shall not affect its powers, but shall be filled in the same manner as the original appointment. (d) Racial Profiling Education and Awareness Program.-- (1) In general.--The Task Force shall establish an education and awareness program on racial profiling that includes information regarding the negative effects of racial profiling on individuals and law enforcement. (2) Purposes of program.--The purposes of the program established under paragraph (1) are to-- (A) encourage State and local law enforcement agencies to cease existing practices that may promote racial profiling; (B) encourage involvement by State and local law enforcement agencies with the community to address the problem of racial profiling; (C) assist State and local law enforcement agencies in developing and maintaining adequate policies and procedures to prevent racial profiling; and (D) assist State and local law enforcement agencies in developing and implementing internal training programs to combat racial profiling and foster enhanced community relations. (3) Availability.--The program established under paragraph (1) shall be offered-- (A) to State and local law enforcement agencies; and (B) at various regional centers across the country to ensure that all law enforcement agencies have reasonable access to the program. SEC. 202. PLAN TO ELIMINATE RACIAL PROFILING BY STATE AND LOCAL LAW ENFORCEMENT AGENCIES. (a) Plan Required for Grants.--Not later than 12 months after the date of enactment of this Act, each State and local law enforcement agency that desires funds under a covered grant program shall include, with its application for funds, certification that such agency is developing and is in the process of implementing a plan-- (1) to maintain adequate policies and procedures designed to eliminate racial profiling; and (2) that meets the requirements of subsection (b). (b) Plan Requirements.-- (1) In general.--To meet the requirements of this subsection, a plan shall-- (A) strictly prohibit law enforcement agents from engaging in racial profiling; (B) provide information to the public relating to the State-based administrative complaint procedures in section 203; (C) require appropriate action to be taken against any law enforcement agent who, after an investigation, is proven to have engaged in racial profiling in violation of the agency's plan; and (D) include educational training on racial profiling issues as part of law enforcement training. (c) Implementation of Plan.--Not later than 24 months after the date of enactment of this Act, each State and local law enforcement agency that submitted the certification described in subsection (a) shall certify to the Attorney General that the plan implemented by the agency meets the requirements of subsection (b). (d) Plan Revisions.-- (1) In general.--Any revisions to a racial profiling plan that is developed and implemented by a State or local law enforcement agency in accordance with this title must be submitted to the Attorney General for review. (2) Review.--The Attorney General may, at the Attorney General's discretion, determine that a State or local law enforcement agency is not in compliance with the requirements of subsection (b). (e) Compliance.--At any time during the implementation or revision of an agency's racial profiling plan, the Attorney General may, if the Attorney General determines that the agency or the plan has not met the requirements of this section-- (1) make recommendations to the State or local law enforcement agency to assist the agency in developing a plan that complies with this title; or (2) withhold the grant that the agency desires, in whole or in part, until the agency establishes compliance. SEC. 203. STATE-BASED ADMINISTRATIVE COMPLAINT PROCEDURES. (a) Establishment of Grievance Procedures.--A State that desires funding under a covered grant program shall establish and maintain State-based administrative complaint procedures that meet the requirements of subsection (b). (b) Requirements.--To meet the requirements of this subsection, complaint procedures shall-- (1) be uniform and nondiscriminatory; (2) allow any person who believes there has been a violation of section 4 to file a complaint; (3) provide that a complaint be sworn in writing, signed by the person filing the complaint, and notarized; (4) allow the State to consolidate complaints filed under paragraph (2); (5) provide that a hearing may be held, on record, at the request of the complainant; (6) provide the appropriate remedy if the State determines that a violation of section 4 has occurred; (7) provide that the State shall dismiss the complaint and publish the results of the procedures if the State determines that no violation of section 4 occurred; (8) provide that the State shall make a final determination with respect to a complaint prior to the expiration of the 90- day period which begins on the date the complaint is filed, unless the complainant consents to a longer period for making such a determination; (9) provide that if the State fails to meet the deadline applicable under paragraph (8), the complaint shall be resolved within 60 days under alternative dispute resolution procedures established pursuant to this section; (10) provide that the record and other materials from any proceedings conducted under the complaint procedures established by this section shall be made available for use under the alternative dispute resolution procedures; and (11) provide a record of all complaints and proceedings to the Task Force. (c) Involvement of Attorney General.--If the Task Force makes the determination that any State or local law enforcement agency or individual law enforcement agent receives a number of complaints to indicate possible noncompliance with this Act, the complaints shall be referred to the Attorney General for further investigation in accordance with procedures established by the Attorney General. TITLE III--GRANT PROGRAM TO ELIMINATE RACIAL PROFILING SEC. 301. GRANT PROGRAM. (a) Grants Authorized.--The Attorney General, through the Bureau of Justice Assistance, may make grants to State and local law enforcement agencies to assist such agencies in developing programs to eliminate racial profiling. (b) Use of Funds.--Grants awarded pursuant to subsection (a) shall be used by State and local law enforcement agencies to-- (1) develop and implement plans to eliminate racial profiling in accordance with section 202; and (2) establish and maintain administrative complaint procedures for racial profiling complaints in accordance with section 203. (c) Application.--Each State or local law enforcement agency desiring a grant under this section shall submit an application to the Attorney General at such time, in such manner, and accompanied by such information as the Attorney General may reasonably require. TITLE IV--AUTHORIZATION OF APPROPRIATIONS SEC. 401. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as are necessary to carry out this Act.

Uniting Neighborhoods and Individuals To Eliminate Racial Profiling Act (UNITE Act) - Prohibits any Federal, State, or local law enforcement agent or agency from engaging in racial profiling. Requires Federal law enforcement agencies to: (1) cease practices that encourage racial profiling; and (2) maintain policies and procedures designed to eliminate racial profiling, including educational training on racial profiling as part of Federal law enforcement training, procedures for responding meaningfully to complaints alleging racial profiling, and procedures to discipline Federal agents who engage in racial profiling. Establishes within the Department of Justice (DOJ) the National Task Force on Racial Profiling to oversee State-based administrative complaint procedures and to establish an education and awareness program. Requires: (1) each State and local law enforcement agency that desires funds under any DOJ-administered grant program to certify that it is developing and implementing a plan to to eliminate racial profiling that meets specified requirements; and (2) each State that desires funding to establish and maintain specified State-based administrative complaint procedures. Authorizes the Attorney General, through the Bureau of Justice Assistance, to make grants to State and local law enforcement agencies to assist them in developing programs to eliminate racial profiling.

A bill to prohibit racial profiling by Federal, State, and local law enforcement agencies.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Tax Equity Act of 2017''. SEC. 2. REGIONAL COST-OF-LIVING ADJUSTMENTS IN INDIVIDUAL INCOME TAX RATES. (a) General Rule.--Subsection (f) of section 1 of the Internal Revenue Code of 1986 is amended by adding at the end thereof the following new paragraphs: ``(9) Regional cost-of-living adjustments.-- ``(A) In general.--In the case of an individual, for taxable years beginning after 2017 the rate table otherwise in effect under this section for any taxable year (determined after the application of paragraph (1)) shall be further adjusted as provided in subparagraph (B). ``(B) Method of making regional adjustment.--The rate table otherwise in effect under this section with respect to any individual for any taxable year shall be adjusted as follows: ``(i) The minimum and maximum dollar amounts otherwise in effect for each rate bracket shall be multiplied by the applicable multiplier (for the calendar year in which the taxable year begins) which applies to the statistical area in which the individual's primary place of abode during the taxable year is located. ``(ii) The rate applicable to any rate bracket (as adjusted by clause (i)) shall not be changed. ``(iii) The amount setting forth the tax shall be adjusted to the extent necessary to reflect the adjustments in the rate brackets. If any amount determined under clause (i) is not a multiple of $50, such amount shall be rounded to the nearest multiple of $50. ``(10) Determination of multipliers.-- ``(A) In general.--Not later than December 15 of each calendar year, the Secretary shall prescribe an applicable multiplier for each statistical area of the United States which shall apply to taxable years beginning during the succeeding calendar year. ``(B) Determination of multipliers.-- ``(i) For each statistical area where the cost-of-living differential for any calendar year is greater than 125 percent, the applicable multiplier for such calendar year is 90 percent of such differential. ``(ii) For each statistical area where the cost-of-living differential for any calendar year exceeds 97 percent but does not exceed 125 percent, the applicable multiplier for such calendar year is 1.05. ``(iii) For each statistical area not described in clause (i) or (ii), the applicable multiplier is the cost-of-living differential for the calendar year. ``(C) Cost-of-living differential.--The cost-of- living differential for any statistical area for any calendar year is the percentage determined by dividing-- ``(i) the cost-of-living for such area for the preceding calendar year; by ``(ii) the average cost-of-living for the United States for the preceding calendar year. ``(D) Cost-of-living for area.-- ``(i) In general.--For calendar year 2017 and each calendar year thereafter, the Secretary of Labor shall determine and publish a cost-of-living index for each statistical area. ``(ii) Methodology.--The cost-of-living index determined under clause (i) for any statistical area for any calendar year shall be based on average market prices for the area for the 12-month period ending on August 31 of such calendar year. The market prices taken into account under the preceding sentence shall be selected and used under the same methodology as is used by the Secretary of Labor in developing the Consumer Price Index for All Urban Consumers. ``(E) Statistical area.--For purposes of this subsection the term `statistical area' means-- ``(i) any metropolitan statistical area as defined by the Secretary of Commerce, and ``(ii) the portion of any State not within a metropolitan statistical area as so defined. ``(11) Areas outside the united states.--The area applicable multiplier for any area outside the United States shall be 1.''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2017.

Tax Equity Act of 2017 This bill amends the Internal Revenue Code to provide for regional cost-of-living adjustments in individual income tax rates. The bill also directs the Department of Labor to determine and publish a regional cost-of-living index for each statistical area for 2017 and each calendar year thereafter. A "statistical area" is: (1) any metropolitan statistical area as defined by the Department of Commerce, and (2) the portion of any state not within a metropolitan statistical area.

Tax Equity Act of 2017

SECTION 1. FINDINGS AND PURPOSE. (a) Findings.--Congress finds the following: (1) Pursuant to the invitation and requirements contained in the 15th paragraph under the heading ``Surveying the Public Lands'' in the Act of June 4, 1897 (30 Stat. 11, 36), as amended or supplemented by the Acts of June 6, 1900 (31 Stat. 588, 614), March 4, 1901 (31 Stat. 1010, 1037), and September 22, 1922 (42 Stat. 1067), certain landowners or entrymen within forest reserves acted to transfer their lands to the United States as the basis for an in lieu selection of other Federal lands (hereafter in this Act referred to as ``lieu lands'') in exchange for such lands within such reserves (hereafter in this Act referred to as ``base lands''). (2) By the Act of March 3, 1905 (33 Stat. 1264), Congress repealed the in lieu selection provisions of the Act of June 4, 1897, as amended, and terminated the right to select lieu lands, but expressly preserved the rights of land owners who had valid pending applications for in lieu selections, most of which have subsequently been granted. (3) Other persons affected by the Acts cited in paragraphs (1) and (2) who acted to transfer base lands, or their successors in interest, have never obtained either (A) a patent to the lieu lands or any other consideration for their relinquishment, or (B) a quitclaim of their base lands, notwithstanding relief legislation enacted in 1922 and 1930. (4) By the Act of July 6, 1960 (74 Stat. 334), Congress established a procedure to compensate persons affected by the Acts cited in paragraphs (1) and (2) who had not received appropriate relief under prior legislation. However, no payments of such compensation were made under that Act. (5) Section 4 of the Act of July 6, 1960, further provided that lands with respect to which compensation under that Act were or could have been made, and not previously disposed of by the United States, shall be a part of any national forest, national park, or other area withdrawn from the public domain wherein they are located. (6) Absent further legislation, lengthy and expensive litigation will be required to resolve existing questions about the title to lands covered by section 4 of the 1960 Act. (b) Purpose.--The purpose of this Act is to resolve the status of the title to base lands affected by the past legislation cited in subsection (a). SEC. 2. IDENTIFICATION AND QUITCLAIM OF FEDERAL INTEREST IN BASE LANDS. (a) Quitclaim.--Except as otherwise provided by this Act, and subject to valid existing rights, but notwithstanding any other provision of law, the United States hereby quitclaims to the listed owner or entryman, his heirs, devisees, successors, and assigns, all right, title, and interest of the United States in and to the base lands described on a final list published pursuant to subsection (d)(1), effective on the date of publication of such list. (b) Preparation of Initial Lists.--(1) Not later than 6 months after the date of enactment of this Act, the Secretary of the Interior, with respect to lands under such Secretary's jurisdiction, and the Secretary of Agriculture with respect to National Forest System lands, shall each prepare an initial list of all parcels of base lands that were relinquished to the United States pursuant to the Act of June 4, 1897 (as amended), and for which selection or other rights under that Act or supplemental legislation were not realized or exercised. (2) The initial lists prepared under paragraph (1) shall be based on information in the actual possession of the Secretaries of the Interior and Agriculture on the date of enactment of this Act, including information submitted to Congress pursuant to the directive contained in Senate Report No. 98-578, issued for the Fiscal Year 1985 Interior and Related Agencies Appropriation, as revised and updated. The initial lists shall be published and distributed for public review in accordance with procedures adopted by the Secretary concerned. (3) For a period of 180 days after publication of a list pursuant to paragraph (2), persons asserting that particular parcels omitted from such a list should have been included may request the Secretary concerned to add such parcels to the appropriate list. The Secretary concerned shall add to the list any such parcels which the Secretary determines meet the conditions specified in paragraph (1). (c) Nationally Significant Lands.--(1) During preparation or revision of an initial list under subsection (b), the Secretary concerned shall identify those listed lands which are located wholly or partially within any conservation system unit and all other listed lands which Congress has designated for specific management or which the Secretary concerned decides, in the concerned Secretary's sole discretion, should be retained in order to meet public, resource protection, or administrative needs. For purposes of this paragraph, the term ``conservation system unit'' means any unit of the National Park System, National Wildlife Refuge System, National Wild and Scenic Rivers System, National Trails System, or National Wilderness Preservation System, a national forest monument, or a national conservation area, a national recreation area, or any lands being studied for possible designation as part of such a system or unit. (2) The provisions of subsection (a) shall not apply to any lands identified by the Secretary concerned pursuant to paragraph (1). The Secretary concerned shall not include any such lands on any list prepared pursuant to subsection (d). Subject to valid existing rights arising from factors other than those described in subsection (b)(1), any right, title, and interest in and to lands identified pursuant to paragraph (1) and not previously vested in the United States is hereby vested and confirmed in the United States. (3) In the same manner as the initial list was published and distributed pursuant to subsection (b)(2), the Secretary concerned shall publish and distribute an identification of all lands in which right, title, and interest is vested and confirmed in the United States by paragraph (2). (d) Final Lists.--(1) As soon as possible after considering any requests made pursuant to subsection (b)(3) and the identification of lands pursuant to subsection (c), the Secretary of the Interior and the Secretary of Agriculture shall each publish a final list, consisting of lands included on each Secretary's initial list not identified pursuant to subsection (c)(1). Unless a Secretary has published a final list on or before the date -1-8 24 months after the date of publication, pursuant to subsection (b)(2), of such Secretary's initial list, the initial list prepared by such Secretary shall be deemed on such date to be the final list required to be published by such Secretary, and thereafter no lands included on such initial list shall be excluded from operation of subsection -(-a-)-. (a) except lands located wholly or partially within a conservation system unit or any other area which Congress has designated for specific management. (2) If after publication of a final list a court makes a final decision that a parcel of land was arbitrarily and capriciously excluded from -o-p-e-r-a-t-i-o-n -o-f -s-u-b-s-e-c-t-i-o-n -(-a-)-, an initial list as provided by subsection 2(b), such parcel shall be deemed to have been included on a final list published pursuant to paragraph (1), unless such parcel is located wholly or partially inside a conservation system unit or any other area which Congress has designated for specific management, in which case such parcel shall be subject to the provisions of subsection (c)(2). (e) Issuance of Instruments.--(1) Except as otherwise provided in this Act, no later than 6 months after the date on which the Secretary concerned publishes a final list of lands pursuant to subsection (d), the Secretary concerned shall issue -d-e-e-d-s documents of disclaimer of interest confirming the quitclaim made by subsection (a) of this section of all right, title, and interest of the United States in and to the lands included on such final list, subject to valid existing rights arising from factors other than a relinquishment to the United States of the type described in subsection (b). Each such confirmatory -d-e-e-d document of disclaimer of interest shall operate to estop the United States from making any claim of right, title, or interest of the United States in and to the base lands described in the -d-e-e-d document of disclaimer of interest, shall be made in the name of the listed owner or entryman, his heirs, devisees, successors, and assigns, and shall be in a form suitable for recordation and shall be filed and recorded by the United States with the recorder of deeds or other like official of the county or counties within which the lands covered by such confirmatory -d-e-e-d document of disclaimer of interest are located so that the title to such lands may be determined in accordance with applicable State law. (2) The United States shall not adjudicate and, notwithstanding any provision of law to the contrary, does not consent to be sued in any suit instituted to adjudicate the ownership of, or to quiet title to, any base land included in a final list and described in a confirmatory -d-e-e-d document of disclaimer of interest . (3) Neither the Secretary of the Interior nor the Secretary of Agriculture shall be required to inspect any lands included on a final list nor to inform any member of the public regarding the condition of such lands prior to the issuance of the confirmatory -d-e-e-d-s documents of disclaimer of interest required by this subsection, and nothing in this Act shall be construed as affecting any valid rights with respect to lands covered by a confirmatory -d-e-e-d document of disclaimer of interest deed issued pursuant to this subsection that were in existence on the date of issuance of such confirmatory -d-e-e-d document of disclaimer of interest. (4) For purposes of this Act, the term ``document of disclaimer of interest'' means a memorandum or other document, however styled or described, that references the quitclaim made by subsection (a) of this section and that meets the requirements for recordation established by applicable laws of the State in which the lands to which such document refers are located. (f) Waiver of Certain Claims Against the United States.--Any person or entity accepting the benefits of this Act or failing to act to seek such benefits within the time allotted by this Act with respect to any base or other lands shall be deemed to have waived any claims against the United States, its agents or contractors, with respect to such lands, or with respect to any revenues received by the United States from such lands prior to the date of enactment of this Act. All non- Federal, third party rights granted by the United States with respect to base lands shall remain effective subject to the terms and conditions of the authorizing document. The United States may reserve any rights-of-way currently occupied or used for Government purposes. SEC. 3. OTHER CLAIMS. (a) Jurisdiction and Deadline.--(1) Subject to the requirements and limitations of this section, a party claiming right, title, or interest in or to land vested in the United States by section 2(c)(2) of this Act may file in the United States Claims Court a claim against the United States seeking compensation based on such vesting. Notwithstanding any other provision of law, the Claims Court shall have exclusive jurisdiction over such claim. (2) A claim described in paragraph (1) shall be barred unless the petition thereon is filed within 1 year after the date of publication of a final list pursuant to section 2(d) of this Act. (3) Nothing in this Act shall be construed as authorizing any claim to be brought in any court other than a claim brought in the United States Claims Court based upon the vesting of right, title, and interest in and to the United States made by section 2(c)(2) of this Act. (b) Limitations, Defenses, and Awards.--(1) Nothing in this Act shall be construed as diminishing any existing right, title, or interest of the United States in any lands covered by section 2(c), including but not limited to any such right, title, or interest established by the Act of July 6, 1960 (74 Stat. 334). (2) Nothing in this Act shall be construed as precluding or limiting any defenses or claims (including but not limited to defenses based on applicable statutes of limitations, affirmative defenses relating to fraud or speculative practices, or claims by the United States based on adverse possession) otherwise available to the United States. (3) Nothing in this Act shall be construed as entitling any party to compensation from the United States. However, in the event of a final judgment of the United States Claims Court in favor of a party seeking such compensation, or in the event of a negotiated settlement agreement made between such a party and the Attorney General of the United States, the United States shall pay such compensation from the permanent judgment appropriation established pursuant to section 1304 of title 31, United States Code. (c) Savings Clause.--This Act does not include within its scope selection rights required to be recorded under the Act of August 5, 1955 (69 Stat. 534), regardless of whether compensation authorized by the Act of August 31, 1964 (78 Stat. 751) was or was not received. SEC. 4. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as may be necessary to carry out this Act.

Directs the Secretary of the Interior and the Secretary of Agriculture: (1) to prepare an initial list of base lands that were relinquished to the United States pursuant to the Act of June 4, 1897, and for which selection or other rights under that Act or supplemental legislation were not realized or exercised; (2) identify those listed lands which are located within any conservation system unit and all other listed lands which the Congress has designated for specific management or which the Secretary concerned decides should be retained to meet public, resource protection, or administrative needs (nationally significant lands); and (3) publish a final list of base lands excluding such nationally significant lands. Vests in the United States title to those nationally significant lands for which title was not previously vested in the United States and provides for claims for compensation based on such vesting. Ouitclaims the interest of the United States to the lands on the final list and requires the Secretary concerned to issue documents of disclaimer of interest confirming the quitclaims. Authorizes appropriations.

A bill to resolve the status of certain lands relinquished to the United States under the Act of June 1897 (30 Stat. 11, 36), and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Family Leave Pension Relief Act of 1998''. SEC. 2. PERIODS OF FAMILY AND MEDICAL LEAVE TREATED AS HOURS OF SERVICE FOR PENSION PARTICIPATION AND VESTING. (a) Amendments of Internal Revenue Code.-- (1) Participation.-- (A) In general.--Paragraph (3) of section 410(a) of the Internal Revenue Code of 1986 (relating to minimum participation standards) is amended by adding at the end the following new subparagraph: ``(E) Family and medical leave treated as service.-- ``(i) In general.--For purposes of this subsection, in the case of an individual who is absent from work on leave required to be given to such individual under the Family and Medical Leave Act of 1993, the plan shall treat as hours of service-- ``(I) the hours of service which otherwise would normally have been credited to such individual but for such absence, or ``(II) in any case in which the plan is unable to determine the hours described in subclause (I), 8 hours of service per day of absence. ``(ii) Year to which hours are credited.-- The hours described in clause (i) shall be treated as hours of service as provided in this subparagraph-- ``(I) only in the year in which the absence from work begins, if a participant would have a year of service solely because the period of absence is treated as hours of service as provided in clause (i); or ``(II) in any other case, in the immediately following year.'' (B) Coordination with treatment of maternity and paternity absences under break in service rules.-- Subparagraph (E) of section 410(a)(5) of such Code is amended-- (i) by inserting ``not under family and medical leave act of 1993'' after ``absences'' in the heading, and (ii) by adding at the end of clause (i) the following new sentence: ``The preceding sentence shall apply to an absence from work only if no part of such absence is required to be given under the Family and Medical Leave Act of 1993.'' (2) Vesting.-- (A) In general.--Paragraph (5) of section 411(a) of such Code (relating to minimum vesting standards) is amended by adding at the end the following new subparagraph: ``(E) Family and medical leave treated as service.-- ``(i) In general.--For purposes of this subsection, in the case of an individual who is absent from work on leave required to be given to such individual under the Family and Medical Leave Act of 1993, the plan shall treat as hours of service-- ``(I) the hours of service which otherwise would normally have been credited to such individual but for such absence, or ``(II) in any case in which the plan is unable to determine the hours described in subclause (I), 8 hours of service per day of absence. ``(ii) Year to which hours are credited.-- The hours described in clause (i) shall be treated as hours of service as provided in this subparagraph-- ``(I) only in the year in which the absence from work begins, if a participant would have a year of service solely because the period of absence is treated as hours of service as provided in clause (i); or ``(II) in any other case, in the immediately following year.'' (B) Coordination with treatment of maternity and paternity absences under break in service rules.-- Subparagraph (E) of section 411(a)(6) of such Code is amended-- (i) by inserting ``not under family and medical leave act of 1993'' after ``absences'' in the heading, and (ii) by adding at the end of clause (i) the following new sentence: ``The preceding sentence shall apply to an absence from work only if no part of such absence is required to be given under the Family and Medical Leave Act of 1993.'' (b) Amendments of ERISA.-- (1) Participation.-- (A) In general.--Paragraph (3) of section 202(a) of the Employee Retirement Income Security Act of 1974 (relating to minimum participation standards) is amended by adding at the end the following new subparagraph: ``(E)(i) For purposes of this subsection, in the case of an individual who is absent from work on leave required to be given to such individual under the Family and Medical Leave Act of 1993, the plan shall treat as hours of service-- ``(I) the hours of service which otherwise would normally have been credited to such individual but for such absence, or ``(II) in any case in which the plan is unable to determine the hours described in subclause (I), 8 hours of service per day of absence. ``(ii) The hours described in clause (i) shall be treated as hours of service as provided in this subparagraph-- ``(I) only in the year in which the absence from work begins, if a participant would have a year of service solely because the period of absence is treated as hours of service as provided in clause (i); or ``(II) in any other case, in the immediately following year.'' (B) Coordination with treatment of maternity and paternity absences under break in service rules.-- Subparagraph (A) of section 202(b)(5) of such Act is amended by adding at the end of clause (i) the following new sentence: ``The preceding sentence shall apply to an absence from work only if no part of such absence is required to be given under the Family and Medical Leave Act of 1993.'' (2) Vesting.-- (A) In general.--Paragraph (2) of section 203(b) of such Act (relating to minimum vesting standards) is amended by adding at the end the following new subparagraph: ``(E)(i) For purposes of this subsection, in the case of an individual who is absent from work on leave required to be given to such individual under the Family and Medical Leave Act of 1993, the plan shall treat as hours of service-- ``(I) the hours of service which otherwise would normally have been credited to such individual but for such absence, or ``(II) in any case in which the plan is unable to determine the hours described in subclause (I), 8 hours of service per day of absence. ``(ii) The hours described in clause (i) shall be treated as hours of service as provided in this subparagraph-- ``(I) only in the year in which the absence from work begins, if a participant would have a year of service solely because the period of absence is treated as hours of service as provided in clause (i); or ``(II) in any other case, in the immediately following year.'' (B) Coordination with treatment of maternity and paternity absences under break in service rules.-- Clause (i) of section 203(b)(3)(E) of such Act is amended by adding at the end of clause (i) the following new sentence: ``The preceding sentence shall apply to an absence from work only if no part of such absence is required to be given under the Family and Medical Leave Act of 1993.'' (c) Effective Date.--The amendments made by this section shall apply with respect to plan years beginning on or after January 1, 1999. SEC. 3. PROVISIONS RELATING TO PLAN AMENDMENTS. (a) In General.--If this section applies to any plan amendment-- (1) such plan shall be treated as being operated in accordance with the terms of the plan during the period described in subsection (b)(2)(A), and (2) such plan shall not fail to meet the requirements of section 411(d)(6) of the Internal Revenue Code of 1986 or section 204(g) of the Employee Retirement Income Security Act of 1974 by reason of such amendment. (b) Amendments to Which Section Applies.-- (1) In general.--This section shall apply to any amendment to any plan which is made-- (A) pursuant to any amendment made by section 2, and (B) before the first day of the first plan year beginning on or after January 1, 2000. In the case of a governmental plan (as defined in section 414(d) of the Internal Revenue Code of 1986), this paragraph shall be applied by substituting ``2001'' for ``2000''. (2) Conditions.--This section shall not apply to any amendment unless-- (A) during the period-- (i) beginning on the date the legislative amendment described in paragraph (1)(A) takes effect (or in the case of a plan amendment not required by such legislative amendment, the effective date specified by the plan), and (ii) ending on the date described in paragraph (1)(B) (or, if earlier, the date the plan amendment is adopted), the plan is operated as if such plan amendment were in effect, and (B) such plan amendment applies retroactively for such period.

Family Leave Pension Relief Act of 1998 - Amends the Internal Revenue Code and the Employee Retirement Income Security Act of 1974 to count periods of leave permitted by the Family Medical Leave Act of 1993 towards hours of service needed for the fulfillment of pension participation and vesting rules.

Family Leave Pension Relief Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``Handgun Licensing Act of 2001''. SEC. 2. STATE LICENSE REQUIRED TO RECEIVE A HANDGUN OR HANDGUN AMMUNITION. (a) In General.--Section 922 of title 18, United States Code, is amended by adding at the end the following: ``(z)(1) It shall be unlawful for any person to sell, deliver, or otherwise transfer a handgun or handgun ammunition to an individual who is not licensed under section 923 unless-- ``(A) the transferor (or a licensed dealer, if State law so directs or allows)-- ``(i) has examined a valid handgun license issued to the individual by the State in which the transaction takes place, and an additional valid identification document (as defined in section 1028) containing a photograph of the individual; and ``(ii) has contacted the chief law enforcement officer of the State, and been informed by the officer that the handgun license has not been revoked; and ``(B)(i) 3 business days (meaning a day on which State offices are open) have elapsed from the date on which the transferor (or licensed dealer) received the information described in subparagraph (A)(ii); or ``(ii) the individual has presented to the transferor (or licensed dealer) a written document, issued not less than 10 days earlier by the chief law enforcement officer of the State in which the individual resides, stating that the transferee requires access to a handgun because of a threat to the life of the transferee or any member of the household of the transferee. ``(2)(A) It shall be unlawful for an individual who is not licensed under section 923 to receive a handgun or handgun ammunition in a State unless the individual possesses a valid handgun license issued to the individual by the State. ``(B) Beginning 2 years after the date of the enactment of this subsection, it shall be unlawful for an individual who is not licensed under section 923 to possess a handgun or handgun ammunition in a State unless the individual possesses a valid handgun license issued to the individual by the State. ``(3)(A) For purposes of this subsection, the term `handgun license' means a license issued under a State law that-- ``(i) provides for the issuance and revocation of licenses permitting persons to receive handguns and handgun ammunition, and for the reporting of losses and thefts of handguns and handgun ammunition; and ``(ii) at a minimum, meets the requirements of this paragraph. ``(B) The State law referred to in subparagraph (A) shall provide that a handgun license shall-- ``(i) be issued by the chief law enforcement officer of the State; ``(ii) contain the licensee's name, address, date of birth, and physical description, a unique license number, and a photograph of the licensee; and ``(iii) remain valid for not more than 2 years, unless revoked. ``(C) The State law referred to in subparagraph (A) shall provide that, before a handgun license is issued to an applicant, the chief law enforcement officer of the State determine that the applicant-- ``(i) has attained 21 years of age; ``(ii) is a resident of the State, by examining, in addition to a valid identification document (as defined in section 1028), a utility bill or lease agreement; ``(iii) is not prohibited from possessing or receiving a handgun under Federal, State, or local law, based upon name- and fingerprint-based research in all available Federal, State, and local recordkeeping systems, including the national instant criminal background check system established under section 103 of the Brady Handgun Violence Prevention Act; and ``(iv) has been issued a handgun safety certificate by the State. ``(D) The State law referred to in subparagraph (A) shall provide that, if the chief law enforcement officer of the State determines that an individual is ineligible to receive a handgun license, the officer shall provide the reasons for the determination to the individual, in writing, within 20 business days after making the determination. ``(E)(i) The State law referred to in subparagraph (A) shall provide that a handgun license issued by the State shall be revoked if the chief law enforcement officer of the State determines that the licensee no longer meets the requirements of subparagraph (C). ``(ii) The State law shall provide that, within 10 days after a person receives notice from the State that the handgun license issued to the person has been revoked, the person shall return the license to the chief law enforcement officer of the State in which the licensee resides. ``(F) The State law referred to in subparagraph (A) shall provide that, within 24 hours after a handgun licensee discovers the theft of any firearm from, or the loss of any firearm by the licensee, the licensee shall report the theft or loss to-- ``(i) the Secretary; ``(ii) the chief law enforcement officer of the State; and ``(iii) appropriate local authorities, and shall provide that any failure to make such a report shall be punishable by a civil penalty as provided by State law, with a maximum penalty of at least $1,000. ``(4)(A) For purposes of paragraph (3)(C)(iv), the term `handgun safety certificate' means a certificate issued under a State law that-- ``(i) provides for the issuance of certificates attesting to the completion of a course of instruction and examination in handgun safety, consistent with this paragraph; and ``(ii) at a minimum, meets the requirements of this paragraph. ``(B) The State law referred to in subparagraph (A) shall provide that the chief law enforcement officer of a State shall issue the handgun safety certificate. ``(C) The State law referred to in subparagraph (A) shall provide that a handgun safety certificate shall not be issued to an applicant unless the chief law enforcement officer of the State determines that the applicant-- ``(i) has completed a course, taught by law enforcement officers and designed by the chief law enforcement officer, of not less than 2 hours of instruction in handgun safety; and ``(ii) has passed an examination, designed by the chief law enforcement officer, testing the applicant's knowledge of handgun safety. ``(5) For purposes of this subsection, the term `chief law enforcement officer' means, with respect to a State, the chief, or equivalent officer, of the State police force, or the designee of that officer.''. (b) Definition of Handgun Ammunition.--Section 921(a) of such title is amended by adding at the end the following: ``(35) The term `handgun ammunition' means-- ``(A) a centerfire cartridge or cartridge case less than 1.3 inches in length; or ``(B) a primer, bullet, or propellant powder designed specifically for use in a handgun.''. (c) Penalty.--Section 924(a)(1)(B) of such title is amended by inserting ``, or (z)'' before ``of section 922''. (d) Technical Correction.--Section 922(t)(1)(B)(ii) of such title is amended by inserting ``or State law'' after ``section''. (e) Funding.-- (1) Grants for establishing systems of licensing and registration.--Subject to the availability of appropriations, the Attorney General shall make a grant to each State (as defined in section 921(a)(2) of title 18, United States Code), to cover the initial startup costs associated with establishing a system of licensing pursuant to section 922(z) of title 18, United States Code. (2) Authorization of appropriations.--For grants under paragraph (1), there is authorized to be appropriated a total of $200,000,000 for fiscal year 2002 and all fiscal years thereafter. (f) Effective Date.--The amendments made by this section shall take effect 180 days after the date of the enactment of this Act. SEC. 3. REQUIREMENT OF BUSINESS LIABILITY INSURANCE. Section 923(d)(1) of title 18, United States Code, is amended-- (1) by striking the period at the end of subparagraph (F) and inserting a semicolon; (2) by striking the period at the end of subparagraph (G) and inserting ``; and''; and (3) by adding at the end the following new subparagraph: ``(H) the applicant certifies that the business is covered by an insurance policy which provides personal injury protection, to a limit of $100,000, to any person who, while engaged in lawful activity, suffers bodily injury or death through the use of a handgun obtained as a result of the negligence of the applicant.''.

Handgun Licensing Act of 2001 - Amends the Brady Handgun Violence Prevention Act (the Act) to prohibit the transfer of a handgun or handgun ammunition to an individual not licensed to engage in the business of importing, manufacturing, or dealing in firearms or ammunition, unless: (1) the transferor (or a licensed dealer under State law) has examined a valid handgun license issued to the individual by the State in which the transaction takes place and an additional valid photograph identification document and has contacted and has been informed by the chief law enforcement officer of the State that the handgun license has not been revoked; and (2) three business days have elapsed from the date on which the transferor received such information, or the individual has presented to the transferor a written document, issued not less than ten days earlier by the appropriate officer, stating that the transferee requires access to a handgun because of a threat to the life of the transferee or any member of the transferee's household.Prohibits an unlicenced individual from receiving a handgun or handgun ammunition without possessing a valid handgun license issued to the individual by the State in which the transaction takes place.Sets forth State law requirements, definitions of "handgun license" and "handgun ammunition," and penalties for violations of this Act.Directs the Attorney General to make a grant to each State to cover the initial startup costs associated with establishing a licensing system.Requires an applicant for a license to certify that the business is covered by an insurance policy which provides personal injury protection, to a limit of $100,000, to any person who, while engaged in lawful activity, suffers bodily injury or death through the use of a handgun obtained as a result of the applicant's negligence.

To amend title 18, United States Code, to require persons to obtain a State license before receiving a handgun or handgun ammunition.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Local Education Empowerment Act''. SEC. 2. PURPOSE. The purposes of this Act are the following: (1) To give local communities control over how education funds are spent. (2) To maintain the primary Federal role in education as helping to provide high-quality education for disadvantaged students. (3) To support the secondary Federal role in education as supporting innovative practices in our schools. TITLE I--HELPING DISADVANTAGED CHILDREN MEET HIGH STANDARDS SEC. 101. AUTHORIZATION OF APPROPRIATIONS. Section 1002(a) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301) is amended by striking ``$7,400,000,000 for 1995'' and inserting ``$12,000,000,000 for fiscal year 2001''. SEC. 102. SCHOOLWIDE PROGRAMS. Section 1114(a)(1)(B) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6314(a)(1)(B)) is amended by striking ``50 percent'' each place it appears and inserting ``35 percent''. TITLE II--PROFESSIONAL DEVELOPMENT SEC. 201. PROFESSIONAL DEVELOPMENT. Title II of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6601 et seq.) is amended to read as follows: ``SEC. 2101. PURPOSE. ``The purpose of this title is to increase student academic achievement by implementing such strategies as hiring new teachers, improving teacher quality, providing professional development, increasing teacher compensation, and lowering class size. ``SEC. 2102. PROGRAM AUTHORIZED. ``(a) In General.--The Secretary is authorized to provide grants to eligible local educational agencies to provide services described in section 2104. ``(b) Eligibility.--To be eligible to receive a grant under this title, a local educational agency shall submit an application to the Secretary at such time and in such manner as the Secretary may reasonably require. Each such application shall include a 5-year plan to improve student achievement by providing high-quality professional development for teachers, hiring new teachers, and reducing class size. ``SEC. 2103. DISTRIBUTION OF FUNDS. ``From the amount made available to carry out this title-- ``(1) 50 percent shall be allocated among such States on the basis of their relative populations of students in kindergarten through 12th grade, as determined by the Secretary on the basis of the most recent satisfactory data; and ``(2) 50 percent shall be distributed according to each local educational agency's share of allocations under part A of title I. ``SEC. 2104. USES OF FUNDS. ``A local educational agency that receives funds under this title may use such funds for the following: ``(1) To provide professional development activities in core academic subjects to ensure that teachers have content knowledge in subjects they teach. ``(2) To provide professional development to ensure teachers are able to use State content and performance standards and assessments to improve student achievement. ``(3) To provide intensive programs designed to prepare teachers to return to their schools to provide such instruction to other teachers within such schools. ``(4) To support initial teaching experiences by providing programs such as mentoring programs. ``(5) To establish or improve routes to alternative certification for highly qualified individuals with baccalaureate degrees, including mid-career professionals from other occupations, paraprofessionals, former military personnel, recent college graduates with records of academic distinction. ``(6) To provide initiatives to assist in the recruitment of fully qualified teachers, including signing bonuses and differential pay. ``(7) To develop initiatives that promote the retention of highly qualified teachers and principals, including programs that provide mentoring to newly hired teachers, such as from master teachers, and programs providing incentives, including financial incentives, to retain teachers who have a record of success in helping low-achieving students improve their academic success. ``(8) To provide incentives to improve the quality of the teaching force such as innovative professional development programs, which may be established through partnerships with institutions of higher education, including programs to train teachers to use technology to improve teaching and learning. ``(9) To improve the quality of the teaching force through tenure reform, merit pay, or testing teachers in the subject areas taught by such teachers. ``(10) To provide professional development regarding how to teach children with different learning styles, how best to discipline children, and how to teach character education. ``SEC. 2105. REPORTING AND ACCOUNTABILITY. ``Each local educational agency that receives a grant under this title shall report annually to the State educational agency and to the public. ``SEC. 2106. AUTHORIZATION. ``There are authorized to be appropriated to carry out this title $1,600,000,000 for fiscal year 2001 and such sums as may be necessary for each of the 4 succeeding fiscal years.''. TITLE III--EDUCATION REFORMS SEC. 301. EDUCATION REFORMS. Title III of the Elementary and Secondary Education Act of 1965 is amended to read as follows: ``SEC. 3101. PROGRAM AUTHORIZED. (a) In General.--The Secretary may provide grants to local educational agencies to provide services described in section 3103. ``(b) Eligibility.--To be eligible to receive a grant under this title, a local educational agency shall submit an application to the Secretary at such time and in such manner as the Secretary may reasonably require. Each such application shall include a 5-year plan to improve student achievement through the use of education reforms. ``SEC. 3102. DISTRIBUTION OF FUNDS. ``From the amount made available to carry out this title-- ``(1) 25 percent shall be allocated among such States on the basis of their relative populations of students in kindergarten through 12th grade, as determined by the Secretary on the basis of the most recent satisfactory data; and ``(2) 75 percent shall be distributed according to each local educational agency's share of allocations under part A of title I. ``SEC. 3103. USES OF FUNDS. ``A local educational agency that receives funds under this title may use such funds for the following: ``(1) To implement State standards and assessments. ``(2) To establish efforts to increase student progress toward meeting State standards and assessments. ``(3) To develop programs to reduce drugs and violence in schools. ``(4) To provide after school programs. ``(5) To increase access to and understanding of technology in the classroom for learning. ``(6) To support gifted and talented education. ``(7) To provide arts education. ``(8) To establish efforts to reduce dropout rates. ``(9) To provide school-to-work activities and opportunities. ``(10) To provide education to homeless students. ``(11) To promote greater gender and racial equity in education. ``(12) To support class size reduction. ``(13) To support school construction and facility improvement. ``(14) To provide programs and assistance for neglected and delinquent students. ``(15) To support Even Start and preschool programs. ``(16) To support reading and literacy programs. ``(17) To provide civic education programs. ``(18) To support math and science education. ``SEC. 3104. REPORTING AND ACCOUNTABILITY. ``Each local educational agency that receives a grant under this title shall report annually to the State educational agency and to the public regarding the expenditure and use of funds provided under this title for education reforms. ``SEC. 3105. AUTHORIZATION. ``There are authorized to be appropriated to carry out this title $2,700,000,000 for fiscal year 2001 and such sums as may be necessary for each of the 4 succeeding fiscal years.''. TITLE IV--ADMINISTRATIVE EXPENSES SEC. 401. STATE ADMINISTRATIVE EXPENSES. Title IV of the Elementary and Secondary Education Act of 1965 is amended to read as follows: ``SEC. 4001. PROGRAM AUTHORIZED. ``The Secretary is authorized to provide grants to State educational agencies to maintain State standards and assessments and to monitor the progress of local education agencies toward meeting State goals. ``SEC. 4002. DISTRIBUTION OF FUNDS. ``The Secretary shall determine the amount each State is eligible to receive based on the number of students ages 5 to 17, in the State. ``SEC. 4003. USE OF FUNDS. ``(a) In General.--A State educational agency shall use funds received under this title-- ``(1) to assist local educational agencies to design a 5- year plan for titles II, III, and VII to monitor local educational agencies use of Federal funds and to determine adequate student achievement levels; ``(2) to maintain State standards and assessments and monitor the progress of local educational agencies toward meeting State goals and meeting the local education agency's objectives set out in the 5-year plans submitted for a grant under titles II, III, and VII; ``(3) for administration, evaluations, research, professional development; and ``(4) to provide technical assistance to local educational agencies and schools, continue development of State curriculum content and student performance standards, and develop and align State assessment systems with these standards. ``(b) Corrective Action.--If a State determines that a local educational agency is not meeting the goals established by the State, the State, in consultation with the Secretary shall work with the agency to take correction actions to assure that such goals are met. If after 3 years the State determines, after consultation with the Secretary, that the local educational agency is not taking proper corrective actions, the State may take over (or `reconstitute') administration of the local educational agency, or certain schools, as the State considers appropriate. ``SEC. 4004. REPORTING AND ACCOUNTABILITY. ``(a) Plan.--Each State shall submit a 5-year plan to the Secretary regarding how the State educational agency plans to use the Federal funds to help local educational agencies formulate plans for the use of Federal grants, monitor State progress toward reaching goals, assure Federal funds are being used to help students reach high levels of achievement. The plan shall also indicate statewide student achievement goals. ``(b) Annual Report.--The State educational agency shall report yearly to the Secretary regarding the use of funds and progress toward reaching student achievement goals. ``SEC. 4005. AUTHORIZATION. ``There are authorized to be appropriated to carry out this title, $260,000,000 for fiscal year 2000 and such sums as may be necessary for each of the 4 succeeding fiscal years.''. TITLE V--INCREASED AUTHORIZATION LEVELS SEC. 501. INCREASED AUTHORIZATION LEVELS. (a) Magnet Schools.--Section 5113 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7213) is amended by striking ``$120,000,000 for fiscal year 1995'' and inserting ``$130,000,000 for fiscal year 2001''. (b) Charter Schools.--Section 10311 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8067) is amended by striking ``$100,000,000 for fiscal year 1999 and such sums as may be necessary for each of the four succeeding fiscal years'' and inserting ``such sums as may be necessary for fiscal year 2000, $200,000,000 for fiscal year 2001, and such sums as may be necessary for each of the four succeeding fiscal years''. TITLE VI--LIMITED ENGLISH PROFICIENT STUDENTS SEC. 601. LIMITED ENGLISH PROFICIENT STUDENTS. Title VII of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7401 et seq.) is amended to read as following: ``SEC. 7101. PROGRAM AUTHORIZED. ``(a) In General.--The Secretary is authorized to provide grants to eligible local educational agencies to provide services described in section 7103 to limited English proficient students to enable such students to meet the same rigorous standards for academic performance as other students in the State. ``(b) Eligibility.--To be eligible to receive a grant under this title, a local educational agency shall submit an application to the Secretary at such time and in such manner as the Secretary may reasonably require. Each such application shall include a 5-year plan to improve limited English proficiency education and address the needs of immigrant students. The plan shall also establish numerical performance objectives to determine student progress in learning English. ``SEC. 7102. DISTRIBUTION OF FUNDS. ``(a) Determination of Amounts.--To determine the amount each local educational agency may be eligible to receive, the Secretary shall use data published by the Bureau of the Census in compiling the most recent decennial census to identify the number of limited English proficient students served by the local educational agency. ``(b) Allocation.--From the amount made available to carry out this title-- ``(1) 50 percent shall be allocated among such States on the basis of their relative populations of students in kindergarten through 12th grade, as determined by the Secretary on the basis of the most recent satisfactory data; and ``(B) 50 percent shall be distributed according to each local educational agency's share of allocations under part A of title I. ``(c) Hold Harmless.--Notwithstanding the provisions of subsection (b), a local educational agency shall not receive less than the total amount of funds that it received in fiscal year 2000 under title VII of this Act as such title was in effect on the day preceding the date of the enactment of the Local Education Empowerment Act. ``SEC. 7103. USES OF FUNDS. ``A local educational agency that receives funds under this title may use such funds for the following: ``(1) To increase the proficiency of students learning English. ``(2) To assist students with limited English proficiency to meet the same challenging State content and student performance standards expected of other students in the State. ``(3) To develop and implement new English language and academic content instructional programs for children who are limited English proficient, including programs of early childhood education and kindergarten through 12th grade education. ``(4) To carry out highly focused, innovative, locally designed projects to expand or enhance existing English language and academic content instruction programs for limited English proficient students. ``(5) To implement schoolwide programs for restructuring, reforming, and upgrading all relevant programs and operations relating to English language and academic content standards. ``(6) To upgrade program objectives and effective instructional strategies. ``(7) To improve instructional programs by identifying, acquiring, and upgrading curricula, instructional materials, educational software, and assessment procedures. ``(8) To provide intensified instruction to limited English proficient students. ``(9) To implement comprehensive preschool, elementary, or secondary school English programs that are coordinated with other relevant programs and services. ``(10) To provide professional development to classroom teachers, administrators, and other school and community-based organizational personnel to improve instruction and assessment. ``(11) To improve instruction by providing for the acquisition or development of education technology or instructional materials, access to and participation in electronic networks for materials, training and communications, and incorporation of such resources in curricula and programs. ``(12) To develop tutoring programs. ``(13) To support the identified needs of migratory children that result from their migratory lifestyle. ``(14) To provide family literacy services and parent outreach and training activities to limited English proficient children. ``SEC. 7104. REPORTING AND ACCOUNTABILITY. ``Each local educational agency that receives a grant under this title shall report annually the results of the numerical performance objectives included in the 5-year plan described in section 7101(b) to the State educational agency and to the public. ``SEC. 7105. DEFINITIONS. ``For purposes of this title, the term `limited English proficient student' means a child age 5 through 17 who-- ``(1) is enrolled in a public elementary or secondary school; ``(2)(A) was not born in the United States; ``(B) has a native language other than English; or ``(C) is a Native American or Alaska Native and comes from an home in which a language other than English has a significant impact on such individual's level of English language proficiency; ``(3) comes from an home in which a language other than English is used for most communication; and ``(4) has sufficient difficulty speaking, reading, writing, and understanding the English language and such difficulty may deny such individual an opportunity to learn successfully in classrooms in which the language of instruction is English or to participate fully in our society. ``SEC. 7106. AUTHORIZATION. ``There are authorized to be appropriated to carry out this title $1,000,000,000 for fiscal year 2001 and such sums as may be necessary for each of the 4 succeeding fiscal years.''.

(Sec. 102) Revises a formula to determine whether a local educational agency (LEA) may use such part A funds for schoolwide programs (to upgrade the entire educational program in a school). Allows such schoolwide use of funds if: (1) the school serves an eligible school attendance area in which at least 35 percent (currently 50 percent) of the children are from low-income families; or (2) at least 35 percent (currently 50 percent) of the children enrolled in the school are from such families. Title II: Professional Development - Amends ESEA to revise title II (Dwight D. Eisenhower Professional Development Program) by replacing current provisions. (Sec. 201) Authorizes the Secretary of Education to provide title II grants to eligible LEAs to provide specified services. Requires LEA grant applications to include five-year plans to improve student achievement by providing high-quality professional development for teachers, hiring new teachers, and reducing class size. Requires half of title II funds to be allocated among States according to their relative populations of students in kindergarten through 12th grade, and the other half to be distributed according to each LEA's share of allocations under ESEA title I part A. Authorizes LEAs to use title II funds for specified activities. Authorizes appropriations for FY 2001 through 2005 for title II of ESEA. Title III: Education Reforms - Amends ESEA to revise title III (Technology for Education) by replacing current provisions. (Sec. 301) Authorizes the Secretary to provide title III grants to eligible LEAs to provide specified services. Requires LEA grant applications to include five-year plans to improve student achievement through education reforms. Requires one-quarter of title III funds to be allocated among States according to their relative populations of students in kindergarten through 12th grade, and the other three-quarters to be distributed according to each LEA's share of allocations under ESEA title I part A. Authorizes LEAs to use title III funds for specified activities. Authorizes appropriations for FY 2001 through 2005 for title III of ESEA. Title IV: Administrative Expenses - Amends ESEA to revise title IV (Safe and Drug-Free Schools and Communities) by replacing current provisions. (Sec. 401) Authorizes the Secretary to provide grants to State educational agencies (SEAs) to maintain State standards and assessments and to monitor LEA progress toward meeting State goals. Bases the amount each State receives on its relative number of students aged five to 17. Requires SEAs to use title IV funds for specified activities and to take corrective action in certain cases. Authorizes appropriations for FY 2000 through 2004 for title IV of ESEA. Title V: Increased Authorization Levels - Amends ESEA to extend through FY 2005 the authorization of appropriations, in increased specified amounts, for: (1) Magnet School Assistance under part A of title V; and (2) Public Charter Schools under part C of title X. Title VI: Limited English Proficient Students - Amends ESEA to revise title VII (Bilingual Education, Language Enhancement, and Language Acquisition Programs) by replacing current provisions. (Sec. 601) Authorizes the Secretary to provide title VII grants to LEAs to provide specified services to limited English proficient students to enable them to meet the same rigorous standards for academic performance as other students in the State. Requires LEA grant applications to include five-year plans to improve limited English proficiency education, address the needs of immigrant students, and establish numerical performance objectives to determine student progress in learning English. Requires use of census data to identify the number of limited English proficient students served by an LEA, to determine the amount each LEA may be eligible to receive. Requires half of title VII funds to be allocated among States according to their relative populations of students in kindergarten through 12th grade, and the other half to be distributed according to each LEA's share of allocations under ESEA title I part A. Sets forth hold-harmless provisions under which an LEA will not receive less than the total amount it received in FY 2000 under ESEA title VII as in effect prior to enactment of this Act. Authorizes LEAs to use title VII funds for specified activities. Authorizes appropriations for FY 2001 through 2005 for title VII of ESEA.

Local Education Empowerment Act

INVOLVING DISABILITY RIGHTS. (a) Findings.--Congress finds the following: (1) Congress does not directly appropriate funds for the ADA Mediation Program of the Disability Rights Section of the Civil Rights Division of the Department of Justice. (2) The Civil Rights Division receives funds for the ADA Mediation Program from the Office of Alternative Dispute Resolution of the Office of Legal Policy of the Department of Justice. The Office of Alternative Dispute Resolution receives appropriations through the appropriations account of the Department of Justice appropriated under the heading ``fees and expenses of witnesses'' under the heading ``Legal Activities'' (referred to in this subsection as the ``FEW appropriations account''). (3) The total amount appropriated to the Office of Alternative Dispute Resolution through the FEW appropriations account for fiscal year 2018 is $3,659,544. (4) Out of this amount, the Office of Alternative Dispute Resolution funds mediation for all of the litigating units within the Department of Justice. (5) The Civil Rights Division requests funding for the ADA Mediation Program on a quarterly basis and is limited in its ability to use funds to increase personnel and provide training concerning the program. (6) Voluntary mediation, under section 514 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12212), of disputes between individuals and entities covered by the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) requires specific expertise. (7) To best serve the disability community, and entities covered by that Act, the ADA Mediation Program should be able to use funds to increase personnel and provide training concerning the program. (b) ADA Mediation Program.-- (1) In general.--The Attorney General shall carry out an ADA Mediation Program (referred to in this section as the ``Program''). (2) Duties and authorities.--In carrying out the Program, the Attorney General-- (A) shall facilitate voluntary mediation to resolve disputes arising under the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.); (B) may hire or enter into contracts with personnel for the Program, including increasing the number of such personnel beyond the number of individuals who provided services through the Program on the date of enactment of this section; and (C) provide training for mediators who provide services through the Program. (3) Authorization of appropriations.-- (A) In general.--There is authorized to be appropriated to the appropriations account of the Department of Justice appropriated under the heading ``fees and expenses of witnesses'' under the heading ``Legal Activities'', to carry out this section, $1,000,000 (in addition to any other amounts appropriated to that account) for fiscal year 2019. (B) Availability of funds.--Funds appropriated under subparagraph (A) may be used to pay for obligations incurred through the Program prior to the date of enactment of this section. SEC. 4. ADA INFORMATION LINE DATA COLLECTION REPORT. (a) Findings.--Congress finds the following: (1) As of August 10, 2018, during fiscal year 2018, accessibility specialists have answered approximately 38,135 calls to the ADA Information Line. (2) The ADA Information Line receives on average approximately 1,000 calls per week, and does not typically collect data about the kinds of calls it receives. (3) The ADA Information Line takes calls from a variety of individuals and entities interested in the Americans with Disabilities Act of 1990, including-- (A) employers covered by such Act; (B) architects and others who work with such employers; (C) public entities, such as schools and public service providers; (D) individuals with disabilities; and (E) entities that provide public accommodations. (4) ADA.gov provides many resources to individuals and entities, public or private, looking for information on such Act. (b) Definitions.--In this section-- (1) the term ``ADA Information Line'' means the toll-free line operated by the Attorney General to provide information and materials to the public about the requirements of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), including regulations issued under the Act and technical assistance in accordance with section 507 of the Act (42 U.S.C. 12206); and (2) the term ``disability'', with respect to an individual, has the meaning given such term in section 3 of such Act (42 U.S.C. 12102). (c) Report.--Not later than 2 years after the date of enactment of this Act, the Attorney General shall submit a report to each committee of Congress-- (1) outlining the kinds of calls the ADA Information Line receives; (2) detailing the efforts of the Department of Justice to educate individuals and entities about the existence of the ADA Information Line; and (3) providing recommendations on improvements that can be made to provide additional support to individuals with disabilities, and entities covered by the Americans with Disabilities Act of 1990, seeking information on such Act.

Disabled Access Credit Expansion Act This bill amends the Internal Revenue Code, with respect to the tax credit for expenditures by an eligible small business to provide access to disabled individuals, to: (1) increase from $10,250 to $20,500 the annual dollar limitation for eligible access expenditures, (2) require the $20,500 limit to be adjusted for inflation after 2018, and (3) increase from $1 million to $2.5 million the gross receipts limitation for an eligible small business. The bill also requires the Department of Justice (DOJ) to carry out an ADA Mediation Program to: (1) facilitate voluntary mediation to resolve disputes arising under the Americans with Disabilities Act of 1990, and (2) train mediators who provide services through the program. DOJ may hire or enter into contracts with personnel for the program. DOJ must also report to Congress on the ADA Information Line, which is a toll-free line operated by DOJ to provide information and materials to the public about the requirements of the Americans with Disabilities Act of 1990.

Disabled Access Credit Expansion Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Interstate Municipal Solid Waste Control Act''. SEC. 2. INTERSTATE TRANSPORTATION OF NONHAZARDOUS SOLID WASTE. Subtitle D of the Solid Waste Disposal Act (42 U.S.C. 6941 et seq.) is amended by adding the following new section at the end thereof: ``SEC. 4011. INTERSTATE TRANSPORTATION OF NONHAZARDOUS SOLID WASTE. ``(a) Authority To Limit Quantity in Existing Facilities.-- ``(1) Limit based on prior years.--The Governor of a State may limit the quantity of out-of-State municipal solid waste received for disposal at each landfill or incinerator in the State to an annual quantity equal to the quantity of out-of- State municipal solid waste received for disposal at the landfill or incinerator during the calendar year 1990, 1991, or 1992, whichever is less. ``(2) 30 percent limit.--The Governor of a State may limit the quantity of out-of-State municipal solid waste received for disposal at a landfill or incinerator in the State to an annual quantity not greater than 30 percent of all municipal solid waste received at that landfill or incinerator during calendar year 1990, 1991, or 1992, whichever is less, if, during calendar year 1990, 1991, or 1992, that landfill or incinerator received documented shipments of more than 50,000 tons of out- of-State municipal solid waste representing more than 30 percent of all municipal solid waste received at the landfill or incinerator during the calendar year concerned. ``(3) Authority to further limit.--Beginning with calendar year 1995, the Governor of a State may limit the disposal of out-of-State municipal solid waste at landfills or incinerators in the State by reducing the 30 percent annual quantity limitation in paragraph (2) to 20 percent in each of calendar years 1996 and 1997, and to 10 percent in each succeeding calendar year. ``(b) Authority To Prohibit Out-of-State Municipal Solid Waste Disposal at Certain Landfills and Incinerators.-- ``(1) New landfills and incinerators.--The Governor of a State may prohibit the disposal of out-of-State municipal solid waste in any new landfill or new incinerator in the State. ``(2) Landfills not complying with certain laws.--The Governor of a State may prohibit the disposal of out-of-State municipal solid waste in any landfill that does not meet all applicable Federal and State laws (including any Federal or State rule or regulation) relating to design and location standards, leachate collection, ground water monitoring, and financial assurance for closure and post-closure and corrective action. ``(3) Incinerators not complying with certain laws.--The Governor of a State may prohibit the disposal of out-of-State municipal solid waste in any incinerator that does not comply with section 129 of the Clean Air Act (42 U.S.C. 7429) and meet all applicable Federal and State laws (including any Federal or State rule or regulation) relating to facility design, operations, and emissions. ``(c) Industrial Solid Waste Disposed of at Certain Landfills or Incinerators.--A Governor may treat any out-of-State industrial solid waste as out-of-State municipal solid waste for purposes of this section if it is disposed of at a landfill or incinerator that receives municipal solid waste. ``(d) Authority of Counties.--The government of any county may exercise within the county the same authority as that provided to the Governor under subsections (a), (b), and (c) with respect to out-of- State municipal or industrial solid waste, except that in applying subsection (a)(2) in the case of a county, the reference to 30 percent shall be treated as a reference to 20 percent. In any case in which both a county and the State in which such county is located have acted to establish prohibitions or limitations, or both, under subsection (a), (b), or (c), or any combination thereof, the most restrictive of such prohibitions or limitations shall govern in that county. ``(e) Applicability and Discrimination Provisions.--Any limitation imposed by a Governor under subsection (a)(1), (b), or (c) shall be applicable throughout the State and shall not discriminate against any shipments of out-of-State solid waste on the basis of State of origin. Any limitation imposed by a county under subsection (d) shall be applicable throughout the county and shall not discriminate against any shipments of out-of-State solid waste on the basis of State of origin. ``(f) Determination of Quantity.--(1) Any Governor who intends to exercise the authority provided in subsection (a) shall, within 150 days after the effective date of this section, submit to the Administrator information documenting the quantity of out-of-State municipal solid waste received for disposal at each landfill and incinerator in the State during calendar years 1990, 1991 and 1992. Any county which intends to exercise the authority provided in subsection (d) shall, within 120 days after the effective date of this section, submit to the Governor information documenting the quantity of out-of- State municipal solid waste received for disposal at each landfill and incinerator in the county during calendar years 1990, 1991, and 1992, and the Governor shall transmit such information to the Administrator. ``(2) On receipt of the information submitted pursuant to paragraph (1), the Administrator shall notify the Governor of each State and the public and shall provide a comment period of not less than 30 days. ``(3) Not later than 210 days after the effective date of this section, the Administrator shall publish a list of the quantity of out- of-State municipal solid waste that was received during calendar years 1990, 1991 and 1992, at each landfill and incinerator in each State in which the Governor intends to exercise the authority provided in subsection (a) and at each landfill and incinerator in each county which intends to exercise the authority provided in subsection (d). ``(g) Authority To Restrict In-State Municipal Solid Waste Exports.--(1) Except as provided in paragraph (2), a Governor of a State may limit or prohibit the exportation outside the State of municipal solid waste generated in the State, in accordance with the comprehensive waste management plan of the affected local solid waste planning unit, or, if such a plan does not exist, in accordance with State law. ``(2) A Governor may not limit or prohibit the exportation of materials consisting solely of materials that have been separated from municipal solid waste for recycling. ``(h) Reporting Requirements.--The Governor of each State exercising any authority under subsection (a), (b) or (c) shall submit a report to the Administrator not less frequently than annually documenting the quantities of out-of-State municipal and industrial solid waste disposed of in landfills and incinerators in that State which accept municipal solid waste. Each county exercising any authority under subsection (d) shall submit a report to the State not less frequently than annually documenting the quantities of out-of- State municipal and industrial solid waste disposed of in landfills and incinerators in that county which accept municipal solid waste, and the State shall submit such report to the Administrator. Each such report shall specify the percentage of the total amount of solid waste disposed of in each such landfill and incinerator that is comprised of such out-of-State municipal and industrial solid waste. ``(i) Exemptions.--The provisions of this section shall not apply to the following: ``(1) Material to be recycled, reclaimed, or reused.--Any metal, pipe, glass, plastic, paper, textile, or other material that has been separated or diverted from municipal solid waste and has been transported into the State for the purpose of recycling or reclamation and any material or product returned from a dispenser or distributor to the manufacturer for credit, evaluation, or possible reuse. This paragraph shall not apply to any material disposed of in a landfill or incinerator. ``(2) Internal disposal.--Any solid waste that is generated by an industrial facility and transported for the purpose of treatment, storage, or disposal to a facility that is owned or operated by the generator of the waste, or is located on property owned by the generator or any affiliated person. ``(3) Air transportation waste.--Any solid waste generated incident to the provision of service in interstate, intrastate, foreign, or overseas air transportation. ``(j) Definitions.--For purposes of this section: ``(1) New landfill.--The term `new landfill' means any landfill or portion thereof other than an existing landfill. ``(2) Existing landfill.--The term `existing landfill' means either of the following: ``(A) A landfill or portion thereof authorized to receive waste under a permit under State law was issued before the enactment of this section; and which received shipments of out-of-State municipal solid waste during calendar year 1990, 1991, or 1992. ``(B) A proposed landfill or portion thereof that, prior to January 1, 1993, received both of the following: ``(i) An approval from either the affected local government or the local solid waste planning unit to receive municipal solid waste generated outside the jurisdiction of the affected local government, the solid waste planning unit, or the State in which the landfill is located. ``(ii) A notice of decision from the State to grant a construction permit. ``(3) New incinerator.--The term `new incinerator' means any incinerator other than an existing incinerator. ``(4) Existing incinerator.--The term `existing incinerator' means an incinerator in operation on the date of enactment of this section that received, during calendar year 1990, 1991, or 1992 documented shipments of out-of-State municipal solid waste. ``(5) Out-of-state waste.--The term `out-of-State waste' means, with respect to a State, waste generated outside of the State. With respect to a county, such term means waste generated outside of the State in which such county is located. Such term includes waste generated outside of the United States. ``(6) Municipal solid waste.--The term `municipal solid waste' means refuse (and refuse-derived fuel) generated by the general public or from a residential, commercial, institutional, or industrial source (or any combination thereof), consisting of paper, wood, yard wastes, plastics, leather, rubber, or other combustible or noncombustible materials such as metal or glass (or any combination thereof). The term does not include any of the following: ``(A) Any solid waste identified or listed as a hazardous waste under section 3001. ``(B) Any solid waste, including contaminated soil and debris, resulting from a response action taken under section 104 or 106 of the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 9604 or 9606) or a corrective action taken under this Act. ``(C) Any medical waste that is segregated from or not mixed with municipal solid waste. ``(7) Industrial solid waste.--The term `industrial solid waste' means solid waste generated from manufacturing or industrial processing operations that is not identical to municipal solid waste with respect to the physical and chemical state of the waste and the composition of the waste. The term includes construction and demolition debris. ``(8) Affiliated person.--The term `affiliated person' means, with respect to the generator of any solid waste, any person which controls, is controlled by, or is under common control with the generator.''. SEC. 3. TABLE OF CONTENTS AMENDMENT. The table of contents of the Solid Waste Disposal Act is amended by adding at the end of the items relating to subtitle D the following new item: ``Sec. 4011. Interstate transportation of nonhazardous solid waste.''. SEC. 4. EFFECTIVE DATE. The amendments made by this Act shall take effect on the date 6 months after enactment.

Interstate Municipal Solid Waste Control Act - Amends the Solid Waste Disposal Act to authorize State Governors to limit the quantity of out-of-State municipal solid waste (MSW) received for disposal at landfills or incinerators to an annual quantity equal to that received during 1990, 1991, or 1992, whichever is less. Limits the quantity of out-of-State MSW received to an annual quantity no greater than 30 percent of all MSW received in 1990, 1991, or 1992, whichever is less, if, during such year, the landfill or incinerator received documented shipments of more than 50,000 tons of out-of-State MSW representing more than 30 percent of all MSW received during the calendar year concerned. Provides for further limits in 1995 through 1997. Authorizes State Governors to prohibit the disposal of out-of-State MSW in: (1) new landfills or incinerators; or (2) landfills or incinerators that do not meet certain requirements of Federal and State laws. Permits State Governors to treat any out-of-State industrial solid waste as out-of-State MSW if it is disposed of at a landfill or incinerator that receives MSW. Authorizes counties to exercise the same authorities with respect to out-of-State MSW as State Governors, except that the 30 percent limitation described in this Act shall be 20 percent. Prohibits discrimination against shipments of out-of-State solid waste on the basis of State of origin. Authorizes a State Governor to limit or prohibit the exportation outside the State of MSW generated in the State, except for materials that have been separated from MSW for recycling. Exempts from the requirements of this Act: (1) material that has been separated or diverted from MSW and has been transported into the State for purposes of recycling and any material returned from a dispenser or distributor to the manufacturer for credit, evaluation, or reuse (this section does not apply to material disposed of in a landfill or incinerator); (2) solid waste generated by an industrial facility and transported for purposes of treatment, storage, or disposal to a facility owned or operated by the waste generator; and (3) solid waste generated incident to the provision of air transportation.

Interstate Municipal Solid Waste Control Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Home Ownership Mortgage Emergency Act'' or the ``HOME Act''. SEC. 2. TAX-FAVORED WITHDRAWALS FROM RETIREMENT PLANS FOR MORTGAGE DELINQUENCY RELIEF. (a) In General.--Section 72(t) of the Internal Revenue Code of 1986 shall not apply to any qualified mortgage delinquency relief distribution. (b) Aggregate Dollar Limitation.-- (1) In general.--For purposes of this section, the aggregate amount of distributions received by an individual which may be treated as qualified mortgage delinquency relief distributions for any taxable year shall not exceed the excess (if any) of-- (A) $100,000, over (B) the aggregate amounts treated as qualified mortgage delinquency relief distributions received by such individual for all prior taxable years. (2) Treatment of plan distributions.--If a distribution to an individual would (without regard to paragraph (1)) be a qualified mortgage delinquency relief distribution, a plan shall not be treated as violating any requirement of the Internal Revenue Code of 1986 merely because the plan treats such distribution as a qualified mortgage delinquency relief distribution, unless the aggregate amount of such distributions from all plans maintained by the employer (and any member of any controlled group which includes the employer) to such individual exceeds $100,000. (3) Controlled group.--For purposes of paragraph (2), the term ``controlled group'' means any group treated as a single employer under subsection (b), (c), (m), or (o) of section 414 of such Code. (c) Amount Distributed May Be Repaid.-- (1) In general.--Any individual who receives a qualified mortgage delinquency relief distribution may, at any time during the 3-year period beginning on the day after the date on which such distribution was received, make one or more contributions in an aggregate amount not to exceed the amount of such distribution to an eligible retirement plan of which such individual is a beneficiary and to which a rollover contribution of such distribution could be made under section 402(c), 403(a)(4), 403(b)(8), 408(d)(3), or 457(e)(16) of the Internal Revenue Code of 1986, as the case may be. (2) Treatment of repayments of distributions from eligible retirement plans other than iras.--For purposes of such Code, if a contribution is made pursuant to paragraph (1) with respect to a qualified mortgage delinquency relief distribution from an eligible retirement plan other than an individual retirement plan, then the taxpayer shall, to the extent of the amount of the contribution, be treated as having received the qualified mortgage delinquency relief distribution in an eligible rollover distribution (as defined in section 402(c)(4) of such Code) and as having transferred the amount to the eligible retirement plan in a direct trustee to trustee transfer within 60 days of the distribution. (3) Treatment of repayments for distributions from iras.-- For purposes of such Code, if a contribution is made pursuant to paragraph (1) with respect to a qualified mortgage delinquency relief distribution from an individual retirement plan (as defined by section 7701(a)(37) of such Code), then, to the extent of the amount of the contribution, the qualified mortgage delinquency relief distribution shall be treated as a distribution described in section 408(d)(3) of such Code and as having been transferred to the eligible retirement plan in a direct trustee to trustee transfer within 60 days of the distribution. (d) Definitions.--For purposes of this section-- (1) Qualified mortgage delinquency relief distribution.-- Except as provided in subsection (b), the term ``qualified mortgage delinquency relief distribution'' means any distribution from an eligible retirement plan made on or after the date of the enactment of this Act and before January 1, 2010, to an individual-- (A) whose acquisition indebtedness (as defined in section 163(h)(3)(B) of the Internal Revenue Code of 1986, without regard to clause (ii) thereof) with respect to the principal residence of the taxpayer is in delinquency for at least 60 days, and (B) whose adjusted gross income (as defined in section 62 of the such Code) for the taxable year of such distribution does not exceed $114,000 ($166,000 in the case of a joint return under section 6013 of such Code). (2) Eligible retirement plan.--The term ``eligible retirement plan'' shall have the meaning given such term by section 402(c)(8)(B) of such Code. (3) Principal residence.--The term ``principal residence'' has the same meaning as when used in section 121 of such Code. (e) Income Inclusion Spread Over 3 Year Period for Qualified Mortgage Delinquency Relief Distributions.-- (1) In general.--In the case of any qualified mortgage delinquency relief distribution, unless the taxpayer elects not to have this subsection apply for any taxable year, any amount required to be included in gross income for such taxable year shall be so included ratably over the 3-taxable year period beginning with such taxable year. (2) Special rule.--For purposes of paragraph (1), rules similar to the rules of subparagraph (E) of section 408A(d)(3) of the Internal Revenue Code of 1986 shall apply. (f) Special Rules.-- (1) Exemption of distributions from trustee to trustee transfer and withholding rules.--For purposes of sections 401(a)(31), 402(f), and 3405 of the Internal Revenue Code of 1986, qualified mortgage delinquency relief distributions shall not be treated as eligible rollover distributions. (2) Qualified mortgage delinquency relief distributions treated as meeting plan distribution requirements.--For purposes of such Code, a qualified mortgage delinquency relief distribution shall be treated as meeting the requirements of sections 401(k)(2)(B)(i), 403(b)(7)(A)(ii), 403(b)(11), and 457(d)(1)(A) of such Code. (g) Provisions Relating to Plan Amendments.-- (1) In general.--If this subsection applies to any amendment to any plan or annuity contract, such plan or contract shall be treated as being operated in accordance with the terms of the plan during the period described in paragraph (2)(B)(i). (2) Amendments to which subsection applies.-- (A) In general.--This subsection shall apply to any amendment to any plan or annuity contract which is made-- (i) pursuant to any amendment made by this section, or pursuant to any regulation issued by the Secretary of the Treasury or the Secretary of Labor under this section, and (ii) on or before the last day of the first plan year beginning on or after January 1, 2010, or such later date as the Secretary of the Treasury may prescribe. In the case of a governmental plan (as defined in section 414(d) of the Internal Revenue Code of 1986), clause (ii) shall be applied by substituting the date which is 2 years after the date otherwise applied under clause (ii). (B) Conditions.--This subsection shall not apply to any amendment unless-- (i) during the period-- (I) beginning on the date the legislative or regulatory amendment described in subparagraph (A)(i) takes effect (or in the case of a plan or contract amendment not required by such legislative or regulatory amendment, the effective date specified by the plan), and (II) ending on the date described in subparagraph (A)(ii) (or, if earlier, the date the plan or contract amendment is adopted), the plan or contract is operated as if such plan or contract amendment were in effect; and (ii) such plan or contract amendment applies retroactively for such period.

Home Ownership Mortgage Emergency Act, or the HOME Act - Exempts any qualified mortgage delinquency relief distribution from the 10% additional tax imposed by the Internal Revenue Code on early distributions from qualified retirement plans. Provides that the aggregate amount of distributions received by an individual which may be treated as qualified mortgage delinquency relief distributions for any taxable year shall not exceed the excess (if any) of $100,000, over the aggregate amounts treated as qualified mortgage delinquency relief distributions received by such individual for all prior taxable years. Defines the term "qualified mortgage delinquency relief distribution," with the exception of such aggregate dollar limitation, as any distribution from an eligible retirement plan made on or after the enactment of this Act and before January 1, 2010, to an individual whose: (1) acquisition indebtedness, with respect to the taxpayer's principal residence, is in delinquency for at least 60 days; and (2) adjusted gross income for the taxable year of such distribution does not exceed a specified amount. Declares that qualified mortgage delinquency relief distributions shall not be treated as eligible rollover distributions (thus exempting them from certain trustee to trustee transfer and withholding rules). Treats such relief distributions as meeting certain plan distribution requirements of the Code.

A bill to provide for the penalty-free use of retirement funds for mortgage delinquency relief.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Debt Emancipation to Enable Democracies (DEED) Act of 1999''. SEC. 2. FINDINGS. Congress finds the following: (1) The International Bank for Reconstruction and Development and the International Monetary Fund (IMF) have classified 40 countries as heavily indebted poor countries (HIPC). (2) According to the Department of the Treasury, as of August 1998, these countries owe the United States a total of $6,752,100,000 in concessional, nonconcessional, and guarantee debt. (3) 83 percent of these countries are classified by the United Nations as being in its lowest category of human development based on life expectancy, literacy, and per capita national income. (4) Since the early 1980's, these poor countries have had increasing difficulty servicing their debt, resulting in the total amount of money being owed by these countries to external creditors to increasing from an average of $122,000,000,000 for the 1983-1985 period to $221,000,000,000 for the 1993-1995 period. (5) The debt overhang faced by these countries blocks needed spending for development and discourages productive investment. (6) Efforts to promote good governance, accountability, transparency, and active participation of civil society in public decision making and discourage corruption are undermined by diversion of resources to debt service and by the micromanagement of economic policy by external actors which is currently part of debt negotiations. (7) The Jubilee 2000 campaign, an international movement in over 40 countries supported by many prominent religious leaders such as Pope John Paul II, is calling for the cancellation of the external debts of the poorest countries. SEC. 3. ELIGIBLE COUNTRIES. In this Act, the term ``eligible country'' means a heavily indebted poor country, as determined by the International Bank for Reconstruction and Development and the International Monetary Fund for purposes of the Heavily Indebted Poor Country (HIPC) Initiative, and Haiti. SEC. 4. CANCELLATION OF BILATERAL DEBT OWED TO THE UNITED STATES GOVERNMENT BY HEAVILY INDEBTED POOR COUNTRIES. (a) Cancellation of Debt.-- (1) In general.--The President shall cancel all amounts owed to the United States (or any agency of the United States) by any eligible country as a result of concessional and nonconcessional loans made, guarantees issued, or credits extended under any provision of law. (2) Requirement to promote democracy.--Paragraph (1) shall apply only to a country the government of which-- (A) was chosen by and permits free and fair elections; (B) promotes civilian control of the military and security forces and has civilian institutions controlling the policy, operation, and spending of all law enforcement and security institutions, as well as the armed forces; (C) promotes the rule of law, equality before the law, and respect for individual and minority rights, including freedom to speak, publish, associate, and organize; and (D) promotes the strengthening of political, legislative, and civil institutions of democracy, as well as autonomous institutions to monitor the conduct of public officials and to combat corruption. (b) Additional Requirements.-- (1) Cancellation of debt not considered to be assistance.-- A debt cancellation under this section shall not be considered to be assistance for purposes of any provision of law limiting assistance to a country. (2) Inapplicability of certain prohibitions relating to cancellation of debt.--Debt may be cancelled under this section, notwithstanding section 620(r) of the Foreign Assistance Act of 1961 (22 U.S.C. 2370(r)). SEC. 5. CONDITIONAL BAN ON PROVIDING APPROPRIATED FUNDS TO THE IMF UNTIL DEBT OWED TO THE IMF BY HEAVILY INDEBTED POOR COUNTRIES HAS BEEN CANCELED. None of the funds appropriated in any Act may be obligated or made available to the International Monetary Fund until the International Monetary Fund-- (1) has canceled all debts owed to the International Monetary Fund by any eligible country; (2) has terminated the Enhanced Structural Adjustment Facility; and (3) the Secretary of the Treasury has certified to the Committee on Banking and Financial Services of the House of Representatives and the Committee on Foreign Relations of the Senate that-- (A) the debts referred to in paragraph (1) have been canceled; and (B) the International Monetary Fund has ceased linking loans to any eligible country to the implementation of structural adjustment policies. SEC. 6. ACTIVITIES OF OVERSEAS PRIVATE INVESTMENT CORPORATION IN HEAVILY INDEBTED POOR COUNTRIES CONTINGENT ON USE OF DEBT RELIEF FOR POVERTY REDUCTION. (a) In General.--Title IV of chapter 2 of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2191 et seq.) is amended by inserting after section 234A the following: ``SEC. 234B. ACTIVITIES OF CORPORATION IN CERTAIN HEAVILY INDEBTED POOR COUNTRIES CONTINGENT ON USE OF DEBT RELIEF FOR POVERTY REDUCTION. ``The Corporation may issue insurance, guaranties, or reinsurance, make loans, acquire any securities, or carry out any other activity under section 234, or enter into risk sharing arrangements authorized by section 234A, for a heavily indebted poor country with respect to which the United States has provided debt cancellation under section 4 of the Debt Emancipation for Emerging Democracies (DEED) Act of 1999, or the International Monetary Fund has provided debt cancellation in accordance with section 5 of such Act, only if the President certifies to the Congress that the government of such country is using funds available to the government because of such debt cancellation for poverty reduction in the country.''. (b) Effective Date.--Section 234B of the Foreign Assistance Act of 1961, as added by subsection (a), applies with respect to a contract or other agreement for insurance, guaranties, or reinsurance, loans, the acquisition of securities, or any other activity authorized under section 234 of that Act, or for risk sharing arrangements authorized by section 234A of that Act, entered into on or after the date of the enactment of this Act. SEC. 7. NOTIFICATION. Not less than 30 days after the date of the enactment of this Act, the Secretary of the Treasury shall provide written notice to each eligible country that it is the policy of the United States-- (1) to cancel debts owed by the country to the United States; (2) to advocate at the International Monetary Fund for the cancellation of the country's debts; (3) that the proceeds of such debt cancellation should be used for poverty reduction; and (4) to deny funding to such country from the Overseas Private Investment Corporation if the country does not use the proceeds of such debt cancellation for poverty reduction. SEC. 8. ENFORCEMENT. (a) Private Enforcement.--A citizen of the United States may bring an action in any United States district court seeking compliance by the United States, or any department, agency, or officer of the United States, with any provision of this Act. (b) Appropriations Limitation.--None of the funds appropriated in any Act may be obligated or made available to the International Monetary Fund while any action brought under subsection (a) is pending. (c) Effects of Finding of Arbitrary Certification by the Secretary of the Treasury.--If, in an action brought under subsection (a), the court finally finds that the Secretary of the Treasury acted arbitrarily in making a certification required by this Act-- (1) the court shall award the plaintiff $100, plus reasonable attorneys' fees and court costs; and (2) no funds appropriated in any Act may be obligated or made available to the International Monetary Fund until the court subsequently finds that the Secretary has replaced the arbitrarily made certification with a certification that is not made arbitrarily.

(Sec. 4) Provides that cancellation of debt shall not be considered assistance for purposes of any law limiting assistance to a country. (Sec. 5) Prohibits funds appropriated in this Act from being made available to the International Monetary Fund (IMF) until it: (1) has canceled all debts owed to the IMF by an eligible HIPC and Haiti; (2) has terminated the Enhanced Structural Adjustment Facility; and (3) the Secretary of the Treasury has certified to specified congressional committees that such debts have been canceled, and the IMF has ceased linking loans to an eligible HIPC and Haiti to implementation of structural adjustment policies. (Sec. 6) Amends the Foreign Assistance Act of 1961 to authorize the Overseas Private Investment Corporation (OPIC) to issue insurance, guaranties, or reinsurance, make loans, acquire securities, or enter into risk sharing arrangements for an eligible HIPC and Haiti with respect to which the United States and the IMF have provided debt cancellation under this Act, only if the President certifies to Congress that the government of such country is using funds available because of such debt cancellation for poverty reduction in the country. (Sec. 7) Sets forth certain notification requirements with respect to each eligible HIPC and Haiti. (Sec. 8) Authorizes a U.S. citizen to bring an action in any U.S. district court seeking compliance by the United States with the requirements of this Act.

Debt Emancipation to Enable Democracies (DEED) Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Over-the-Counter Hearing Aid Act of 2016''. SEC. 2. REGULATION OF OVER-THE-COUNTER HEARING AIDS. (a) In General.--Section 520 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360j) is amended by adding at the end the following: ``(o) Regulation of Over-the-Counter Hearing Aids.-- ``(1) Definition.--In this subsection, the term `over-the- counter hearing aid' means a device-- ``(A) that uses the same fundamental scientific technology as air conduction hearing aids (as defined in section 874.3300 of title 21, Code of Federal Regulations) (or any successor regulation) or wireless air conduction hearing aids (as defined in section 874.3305 of title 21, Code of Federal Regulations) (or any successor regulation); ``(B) that is intended to be used by adults to compensate for perceived mild to moderate hearing impairment; ``(C) that includes tools to allow the user to control the over-the-counter hearing aid and customize it to the user's hearing needs; ``(D) that may-- ``(i) use wireless technology; or ``(ii) include tests for self-assessment of hearing loss; and ``(E) that is available over-the-counter, without the supervision, prescription, or other order, involvement, or intervention of a licensed person, to consumers through in-person transactions, by mail, or online. ``(2) Regulation.--An over-the-counter hearing aid shall be subject to the regulations promulgated in accordance with section 2(b) of the Over-the-Counter Hearing Aid Act of 2016 and shall be exempt from sections 801.420 and 801.421 of title 21, Code of Federal Regulations (or any successor regulations).''. (b) Regulations To Establish Category.-- (1) In general.--The Secretary of Health and Human Services (referred to in this section as the ``Secretary''), not later than 3 years after the date of enactment of this Act, shall promulgate proposed regulations to establish a category of over-the-counter hearing aids, as defined in subsection (o) of section 520 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360j) as amended by subsection (a), and, not later than 180 days after the date on which the proposed regulations are issued, shall issue such final regulations. (2) Requirements.--In promulgating the regulations under paragraph (1), the Secretary shall-- (A) include requirements that provide reasonable assurances of the safety and efficacy of over-the- counter hearing aids, such as appropriate consumer labeling; and (B) describe the requirements under which the sale of over-the-counter hearing aids is permitted, without the supervision, prescription, or other order, involvement, or intervention of a licensed person, to consumers through in-person transactions, by mail, or online. (3) Premarket notification.--The Secretary shall make findings under section 510(m) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360(m)) to determine whether over-the- counter hearing aids (as defined in section 520(o) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360j(o)), as amended by subsection (a)) require a report under section 510(k) to provide reasonable assurance of safety and effectiveness. (4) Effect on state law.--No State or local government shall establish or continue in effect any law, regulation, order, or other requirement related to the manufacturing, marketing, sale, customer support, or distribution of over-the- counter hearing aids (as defined in section 520(o) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360j(o)), as amended by subsection (a)) through in-person transactions, by mail, or online, that is different from, in addition to, or otherwise not identical to, the regulations promulgated under this subsection. (c) Guidance.-- (1) Withdrawal of guidance.-- (A) Withdrawal.--Effective as of the date of enactment of this Act, the Secretary shall not use the draft guidance of the Department of Health and Human Services entitled, ``Regulatory Requirements for Hearing Aid Devices and Personal Sound Amplification Products'', issued on November 7, 2013, as the basis for any premarket review under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) or for any related compliance or enforcement decisions or actions. (B) Interim guidance.--Until such time as new final guidance is issued under paragraph (2) to replace the guidance described in subparagraph (A), the draft guidance entitled ``Guidance for Industry and FDA Staff: Regulatory Requirements for Hearing Aid Devices and Personal Sound Amplification Products,'' issued on February 25, 2009, shall be in effect. (2) New guidance issued.--Not later than the date on which final regulations are issued under subsection (b), the Secretary shall update the draft guidance described in paragraph (1)(A). Such updated guidance shall clarify which products, on the basis of claims or other marketing, advertising, or labeling material, meet the definition of a device, as defined in section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321) and which products meet the definition of a personal sound amplification product, as set forth in such guidance.

Over-the-Counter Hearing Aid Act of 2016 This bill amends the Federal Food, Drug, and Cosmetic Act to require the Food and Drug Administration (FDA) to categorize certain hearing aids as over-the-counter hearing aids and issue regulations regarding those hearing aids. The regulations for over-the-counter hearing aids must provide reasonable assurances of safety and efficacy and describe requirements for the sale of hearing aids in-person, by mail, or online, without a prescription. State and local governments may not establish or continue in effect requirements for over-the-counter hearing aids that are not identical to FDA requirements. Until the FDA updates its draft guidance regarding hearing aids, previous draft guidance is in effect.

Over-the-Counter Hearing Aid Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``Retirement Income Protection Act of 2011''. SEC. 2. CLARIFICATION OF THE DEFINITION OF FIDUCIARY. Section 3(21) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1002(21)) is amended-- (1) in subparagraph (A), by striking ``subparagraph (B)'' and inserting ``subparagraphs (B) and (C)''; (2) by adding at the end the following subparagraph: ``(C) No person shall be a fiduciary with respect to a plan by reason of any service, act, or duty that such person is required to perform with respect to such plan by reason of section 4s(h) of the Commodity Exchange Act, section 15F(h) of the Securities Exchange Act of 1934, any rule, regulation, or standard prescribed pursuant to such sections, or any other Federal law, rule, or regulation.''. SEC. 3. CLARIFICATION OF THE DEFINITION OF SPECIAL ENTITY AND REMOVAL OF ERISA PLANS. (a) Amendment to the CEA.--Section 4s(h)(2)(C) of the Commodity Exchange Act (7 U.S.C. 6s(h)(2)(C)) is amended-- (1) by striking ``For purposes'' and inserting ``(i) For purposes''; (2) by striking clause (iii) and redesignating clauses (i), (ii), (iv), and (v) as subclauses (I), (II), (III) and (IV), respectively; and (3) by adding at the end the following:. ``(ii) Such term shall not include any collective investment vehicle in which one or more special entities invest.''. (b) Amendment to the 1934 Act.--Section 15F(h)(2)(C) of the Securities Exchange Act of 1934 (15 U.S.C. 78o-10(h)(2)(C)) is amended-- (1) by striking ``For purposes'' and inserting ``(i) For purposes''; (2) by striking clause (iii) and redesignating clauses (i), (ii), (iv), and (v) as subclauses (I), (II), (III) and (IV), respectively; and (3) by adding at the end the following: ``(ii) Such term shall not include any collective investment vehicle in which one or more special entities invest.''. SEC. 4. CONFORMING AMENDMENTS TO COUNTERPARTY REQUIREMENTS. (a) Amendment to the CEA.--Section 4s(h)(5)(A)(i) of the Commodity Exchange Act (7 U.S.C. 6s(h)(5)(A)(i)) is amended-- (1) by inserting ``and'' after the semicolon in subclause (V); and (2) by striking subclause (VII). (b) Amendment to the 1934 Act.--Section 15F(h)(5)(A)(i) of the Securities Exchange Act of 1934 (15 U.S.C. 78o-10(h)(5)(A)(i)) is amended-- (1) by inserting ``and'' after the semicolon in subclause (V); and (2) by striking subclause (VII). SEC. 5. CLARIFICATION OF THE DEFINITION OF ADVISOR. (a) Amendment to the CEA.--Section 4s(h)(4) of the Commodity Exchange Act (7 U.S.C. 6s(h)(4)) is amended-- (1) in subparagraph (B), by adding at the end the following: ``The duty of a swap dealer to act in the best interests of a Special Entity shall not be construed to be a fiduciary standard under Federal or State Law.''; and (2) by adding at the end the following: ``(D) Rule of construction.--A swap dealer will not be treated as an advisor to a Special Entity if-- ``(i) the Special Entity represents in writing that-- ``(I) the Special Entity will not rely on recommendations provided by the swap dealer; and ``(II) the Special Entity will rely on advice from an independent representative as described in paragraph (5); and ``(ii) the swap dealer discloses to the Special Entity that it is not undertaking to act in the best interests of the Special Entity, as otherwise required by this paragraph. No swap dealer shall be considered to act as an advisor to a Special Entity solely by reason of providing information to an independent representative described in paragraph (5)(D) of a Special Entity.''. (b) Amendment to the 1934 Act.--Section 15F(h)(4)(B) of the Securities Exchange Act of 1934 (15 U.S.C. 78o-10(h)(4)(B)) is amended-- (1) in subparagraph (B), by adding at the end the following: ``The duty of a security-based swap dealer to act in the best interests of a Special Entity shall not be construed to be a fiduciary standard under Federal or State Law.''; and (2) by adding at the end the following: ``(D) Rule of construction.--A security-based swap dealer will not be treated as an advisor to a Special Entity if-- ``(i) the Special Entity represents in writing that-- ``(I) the Special Entity will not rely on recommendations provided by the security-based swap dealer; and ``(II) the Special Entity will rely on advice from an independent representative as described in paragraph (5); and ``(ii) the security-based swap dealer discloses to the Special Entity that it is not undertaking to act in the best interests of the Special Entity, as otherwise required by this paragraph. No security-based swap dealer shall be considered to act as an advisor to a Special Entity solely by reason of providing information to an independent representative described in paragraph (5)(D) of a Special Entity.''. SEC. 6. CLARIFICATION OF THE DEFINITION OF INDEPENDENT REPRESENTATIVES. (a) Amendment to the CEA.--Section 4s(h)(5) of the Commodity Exchange Act (7 U.S.C. 6s(h)(5)) is amended-- (1) in subparagraph (A)(ii) by striking ``; and'' and inserting a period; (2) in subparagraph (B), by striking ``the Commission'' and inserting ``The Commission''; (3) by adding at the end the following subparagraphs: ``(C) A representative of a Special Entity will be considered to be independent of a swap dealer if-- ``(i) the representative is not an associated person of the swap dealer within the meaning of section 1a(4); and ``(ii) no more than 10 percent of the gross revenues of the representative are derived from the swap dealer. ``(D) Each of the requirements of this paragraph shall be considered to be met if the Special Entity represents to the swap dealer that it is represented by-- ``(i) an entity registered as an investment adviser under the Investment Advisers Act of 1940; ``(ii) a commodity trading adviser as defined in section 1a(12); ``(iii) a municipal advisor as defined in section 15B(e)(4) of the Securities Exchange Act of 1934; or ``(iv) an advisor certified by the National Futures Association.''. (b) Amendment to the 1934 Act.--Section 15F(h)(5) of the Securities Exchange Act of 1934 (15 U.S.C. 78o-10(h)(5)) is amended by adding at the end the following subparagraphs: ``(C) Independence.--A representative of a Special Entity will be considered to be independent of a security-based swap dealer if-- ``(i) the representative is not an associated person of the security-based swap dealer within the meaning of section 1a(4) of the Commodity Exchange Act; and ``(ii) no more than 10 percent of the gross revenues of the representative are derived from the security-based swap dealer. ``(D) Rule of construction.--Each of the requirements of this paragraph shall be considered to be met if the Special Entity represents to the security-based swap dealer that it is represented by-- ``(i) an entity registered as an investment adviser under the Investment Advisers Act of 1940; ``(ii) a commodity trading adviser as defined in section 1a(12) of the Commodity Exchange Act; ``(iii) a municipal advisor as defined in section 15B(e)(4); or ``(iv) an advisor certified by the Financial Industry Regulatory Authority.''. SEC. 7. AMENDMENT TO THE DEFINITION OF COMMODITY TRADING ADVISOR. Section 1a(12)(B)(iii) of the Commodity Exchange Act (7 U.S.C. 1a(12)(B)(iii)) is amended by striking ``or futures commission merchant'' and inserting ``, futures commission merchant, or swap dealer''. SEC. 8. EFFECTIVE DATE. (a) In General.--The amendments made by sections 3 through 7 to the respective provisions of the Commodity Exchange Act and the Securities Exchange Act of 1934 shall take effect as if included in the sections of the Dodd-Frank Wall Street Reform and Consumer Protection Act that added such respective provisions to such Acts. (b) ERISA Amendments.--The amendment made by section 2 of this Act shall take effect as if enacted on the date of enactment of the Dodd- Frank Wall Street Reform and Consumer Protection Act.

Retirement Income Protection Act of 2011 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to declare that no person shall be considered a fiduciary to an employee benefit plan (special entity) by reason of that person's performing any service, act, or duty as a swap dealer, major swap participant, security-based swap dealer, or major security-based swap participant with respect to such entity. Amends the Commodity Exchange Act (CEA) and the Securities Exchange Act of 1934 to redefine "special entity" to exclude from its meaning as well as from certain business conduct standards: (1) employee benefit plans, and (2) any collective investment vehicle in which one or more special entities invest. Declares that no swap dealer shall be treated as an advisor to a Special Entity (and thus subject to specified duties and restrictions related to fraudulent, deceptive, or manipulative behavior) if: (1) the Special Entity represents in writing that it will not rely on recommendations of the swap dealer, but will rely on advice from an independent representative; and (2) the swap dealer discloses to the Special Entity that it is not undertaking to act in the Special Entity 's best interests. Declares further that no swap dealer shall be considered to act as an advisor to a Special Entity solely by reason of providing information to an independent representative of a Special Entity. Prescribes criteria for considering a representative of a Special Entity to be independent of a swap dealer.

To amend the Employee Retirement Income Security Act of 1974, the Commodity Exchange Act, and the Securities Exchange Act of 1934 to ensure that pension plans can use swaps to hedge risks, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Renewable Fuels for America's Future Act of 2010''. SEC. 2. REDUCTION IN CREDIT FOR FUEL REQUIRED TO MEET RENEWABLE FUEL OBLIGATION. (a) In General.--Subsection (d) of section 40 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(8) Alcohol required to meet renewable fuel obligation not taken into account.-- ``(A) In general.--Alcohol used to meet the renewable fuel obligation applicable to the taxpayer shall not be taken into account for purposes of determining a credit under this section. ``(B) Renewable fuel obligation.--For purposes of subparagraph (A), the term `renewable fuel obligation' means the renewable fuel obligation determined under section 211(o)(3) of the Clean Air Act (42 U.S.C. 7545(o)(3)). ``(C) Use of rins.--Determinations for purposes of subparagraph (A) shall be made through the use of renewable identification numbers received from the taxpayer by the Administrator of the Environmental Protection Agency pursuant to regulations issued under section 211(o) of such Act.''. (b) Excise Tax Credit.--Subsection (b) of section 6426 of such Code, as amended by section 4 of this Act, is amended by redesignating paragraph (6) as paragraph (7) and by inserting after paragraph (5) the following new paragraph: ``(6) Alcohol required to meet renewable fuel obligation not taken into account.-- ``(A) In general.--Alcohol used to meet the renewable fuel obligation applicable to the taxpayer shall not be taken into account for purposes of determining a credit under this subsection. ``(B) Renewable fuel obligation.--For purposes of subparagraph (A), the term `renewable fuel obligation' means the renewable fuel obligation determined under section 211(o)(3) of the Clean Air Act (42 U.S.C. 7545(o)(3)). ``(C) Use of rins.--Determinations for purposes of subparagraph (A) shall be made through the use of renewable identification numbers received from the taxpayer by the Administrator of the Environmental Protection Agency pursuant to regulations issued under section 211(o) of such Act.''. (c) Effective Date.--The amendments made by this section shall apply to fuel produced or sold after December 31, 2010. SEC. 3. EXTENSION OF INCOME TAX CREDIT FOR ALCOHOL USED AS FUEL. (a) In General.--Paragraph (1) of section 40(e) of the Internal Revenue Code of 1986 is amended-- (1) by striking ``December 31, 2010'' in subparagraph (A) and inserting ``December 31, 2015'', and (2) by striking ``January 1, 2013'' in subparagraph (B) and inserting ``January 1, 2016''. (b) Cellulosic Biofuel.--Subparagraph (H) of section 40(b)(6) of such Code is amended by striking ``January 1, 2013'' and inserting ``January 1, 2016''. (c) Reduced Amount for Ethanol Blenders.--Paragraph (2) of section 40(h) of such Code is amended by striking ``2010'' and inserting ``2015''. (d) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act. SEC. 4. EXTENSION OF EXCISE TAX CREDIT FOR ALCOHOL USED AS FUEL. (a) In General.--Paragraph (6) of section 6426(b) of the Internal Revenue Code of 1986 is amended by striking ``December 31, 2010'' and inserting ``December 31, 2015''. (b) Effective Date.--The amendment made by this section shall take effect on the date of the enactment of this Act. SEC. 5. EXTENSION OF ADDITIONAL DUTIES ON ETHANOL. Headings 9901.00.50 and 9901.00.52 of the Harmonized Tariff Schedule of the United States are each amended in the effective period column by striking ``1/1/2011'' and inserting ``1/1/2016''. SEC. 6. ENSURING THE AVAILABILITY OF DUAL FUELED AUTOMOBILES AND LIGHT DUTY TRUCKS. (a) In General.--Chapter 329 of title 49, United States Code, is amended by inserting after section 32902 the following: ``Sec. 32902A. Requirement to manufacture dual fueled automobiles and light duty trucks ``(a) In General.--For each model year listed in the following table, each manufacturer shall ensure that the percentage of automobiles and light duty trucks manufactured by the manufacturer for sale in the United States that are dual fueled automobiles and light duty trucks is not less than the percentage set forth for that model year in the following table: ``Model Year Percentage Model years 2012 and 2013....................... 50 percent Model year 2014 and each subsequent model year.. 90 percent. ``(b) Exception.--Subsection (a) shall not apply to automobiles or light duty trucks that operate only on electricity.''. (b) Clerical Amendment.--The table of sections for chapter 329 of title 49, United States Code, is amended by inserting after the item relating to section 32902 the following: ``32902A. Requirement to manufacture dual fueled automobiles and light duty trucks.''. (c) Rulemaking.--Not later than 1 year after the date of the enactment of this section, the Secretary of Transportation shall prescribe regulations to carry out the amendments made by this section. SEC. 7. BLENDER PUMP PROMOTION. (a) Blender Pump Grant Program.-- (1) Definitions.--In this subsection: (A) Blender pump.--The term ``blender pump'' means an automotive fuel dispensing pump capable of dispensing at least 3 different blends of gasoline and ethanol, as selected by the pump operator, including blends ranging from 0 percent ethanol to 85 percent denatured ethanol, as determined by the Secretary. (B) E-85 fuel.--The term ``E-85 fuel'' means a blend of gasoline approximately 85 percent of the content of which is ethanol. (C) Ethanol fuel blend.--The term ``ethanol fuel blend'' means a blend of gasoline and ethanol, with a minimum of 0 percent and maximum of 85 percent of the content of which is denatured ethanol. (D) Secretary.--The term ``Secretary'' means the Secretary of Energy. (2) Grants.--The Secretary shall make grants under this subsection to eligible facilities (as determined by the Secretary) to pay the Federal share of-- (A) installing blender pump fuel infrastructure, including infrastructure necessary-- (i) for the direct retail sale of ethanol fuel blends (including E-85 fuel), including blender pumps and storage tanks; and (ii) to directly market ethanol fuel blends (including E-85 fuel) to gas retailers, including inline blending equipment, pumps, storage tanks, and loadout equipment; and (B) providing subgrants to direct retailers of ethanol fuel blends (including E-85 fuel) for the purpose of installing fuel infrastructure for the direct retail sale of ethanol fuel blends (including E- 85 fuel), including blender pumps and storage tanks. (3) Federal share.--The Federal share of the cost of a project carried out under this subsection shall be 50 percent of the total cost of the project. (4) Authorization of appropriations.--There are authorized to be appropriated to the Secretary to carry out this subsection, to remain available until expended-- (A) $50,000,000 for fiscal year 2011; (B) $100,000,000 for fiscal year 2012; (C) $200,000,000 for fiscal year 2013; (D) $300,000,000 for fiscal year 2014; and (E) $350,000,000 for fiscal year 2015. (b) Installation of Blender Pumps by Major Fuel Distributors at Owned Stations and Branded Stations.--Section 211(o) of the Clean Air Act (42 U.S.C. 7545(o)) is amended by adding at the end the following: ``(13) Installation of blender pumps by major fuel distributors at owned stations and branded stations.-- ``(A) Definitions.--In this paragraph: ``(i) E-85 fuel.--The term `E-85 fuel' means a blend of gasoline approximately 85 percent of the content of which is ethanol. ``(ii) Ethanol fuel blend.--The term `ethanol fuel blend' means a blend of gasoline and ethanol, with a minimum of 0 percent and maximum of 85 percent of the content of which is denatured ethanol. ``(iii) Major fuel distributor.-- ``(I) In general.--The term `major fuel distributor' means any person that owns a refinery and directly markets the output of a refinery. ``(II) Exclusion.--The term `major fuel distributor' does not include any person that owns less than 50 retail fueling stations. ``(iv) Secretary.--The term `Secretary' means the Secretary of Energy, acting in consultation with the Administrator and the Secretary of Agriculture. ``(B) Regulations.--The Secretary shall promulgate regulations to ensure that each major fuel distributor that sells or introduces gasoline into commerce in the United States through majority-owned stations or branded stations installs or otherwise makes available 1 or more blender pumps that dispense E-85 fuel and ethanol fuel blends (including any other equipment necessary, such as tanks, to ensure that the pumps function properly) for a period of not less than 5 years at not less than the applicable percentage of the majority-owned stations and the branded stations of the major fuel distributor specified in subparagraph (C). ``(C) Applicable percentage.--For the purpose of subparagraph (B), the applicable percentage of the majority-owned stations and the branded stations shall be determined in accordance with the following table: ``Applicable percentage of majority-owned stations and branded stations Calendar year: Percent: 2011............................................... 10 2013............................................... 20 2015............................................... 35 2017 and each calendar year thereafter............. 50. ``(D) Geographic distribution.-- ``(i) In general.--Subject to clause (ii), in promulgating regulations under subparagraph (B), the Secretary shall ensure that each major fuel distributor described in that subparagraph installs or otherwise makes available 1 or more blender pumps that dispense E-85 fuel and ethanol fuel blends at not less than a minimum percentage (specified in the regulations) of the majority-owned stations and the branded stations of the major fuel distributors in each State. ``(ii) Requirement.--In specifying the minimum percentage under clause (i), the Secretary shall ensure that each major fuel distributor installs or otherwise makes available 1 or more blender pumps described in that clause in each State in which the major fuel distributor operates. ``(E) Financial responsibility.--In promulgating regulations under subparagraph (B), the Secretary shall ensure that each major fuel distributor described in that subparagraph assumes full financial responsibility for the costs of installing or otherwise making available the blender pumps described in that subparagraph and any other equipment necessary (including tanks) to ensure that the pumps function properly. ``(F) Production credits for exceeding blender pumps installation requirement.-- ``(i) Earning and period for applying credits.--If the percentage of the majority- owned stations and the branded stations of a major fuel distributor at which the major fuel distributor installs blender pumps in a particular calendar year exceeds the percentage required under subparagraph (C), the major fuel distributor shall earn credits under this paragraph, which may be applied to any of the 3 consecutive calendar years immediately after the calendar year for which the credits are earned. ``(ii) Trading credits.--Subject to clause (iii), a major fuel distributor that has earned credits under clause (i) may sell the credits to another major fuel distributor to enable the purchaser to meet the requirement under subparagraph (C). ``(iii) Exception.--A major fuel distributor may not use credits purchased under clause (ii) to fulfill the geographic distribution requirement in subparagraph (D).''.

Renewable Fuels for America's Future Act of 2010 - Amends the Internal Revenue Code to: (1) require a reduction in the income and excise tax credits for alcohol used for fuel by the amount of alcohol used to meet the taxpayer's renewable fuel obligation under the Clean Air Act; and (2) extend such credits through 2015. Amends the Harmonized Tariff Schedule of the United States to extend until 2016 the additional tariff on ethyl alcohol blends (ethanol) used as fuel. Requires automobile manufacturers to ensure that at least 50% of 2012 and 2013 model year automobiles and light duty trucks manufactured for sale in the United States are dual fueled. Increases the minimum to 90% for later model years. (Excludes automobiles and light duty trucks that operate only on electricity.) Requires the Secretary of Energy to make grants to eligible facilities to pay the federal share of: (1) installing blender pump fuel infrastructure, including infrastructure necessary for the direct retail sale of ethanol fuel blends (including E-85 fuel) and to directly market such fuels to gas retailers; and (2) providing subgrants to direct retailers of such fuels for the installation of fuel infrastructure for the direct retail sale of such fuels. Amends the Clean Air Act to define: (1) "E-85 fuel" as a blend of gasoline at least 85% derived from ethanol; and (2) "ethanol fuel blend" as a blend of gasoline and ethanol, with a minimum of 0% and maximum of 85% derived from denatured ethanol. Requires the Secretary to promulgate regulations to ensure that each major fuel distributor that sells or introduces gasoline into commerce in the United States through majority-owned stations or branded stations installs one or more blender pumps that dispense E-85 fuel and ethanol fuel blends at specified minimum percentages of such stations for specified years in each state. Allows major fuel distributors to earn and sell credits if they exceed such percentages.

To amend the Internal Revenue Code of 1986 to extend and modify the credits for alcohol used as a fuel, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Department of Homeland Security Cybersecurity Enhancement Act of 2004''. SEC. 2. ASSISTANT SECRETARY FOR CYBERSECURITY. (a) In General.--Subtitle A of title II of the Homeland Security Act of 2002 (6 U.S.C. 121 et seq.) is amended by adding at the end the following: ``SEC. 203. ASSISTANT SECRETARY FOR CYBERSECURITY. ``(a) In General.--There shall be in the Directorate for Information Analysis and Infrastructure Protection a National Cybersecurity Office headed by an Assistant Secretary for Cybersecurity (in this section referred to as the `Assistant Secretary'), who shall assist the Secretary in promoting cybersecurity for the Nation. ``(b) General Authority.--The Assistant Secretary, subject to the direction and control of the Secretary, shall have primary authority within the Department for all cybersecurity-related critical infrastructure protection programs of the Department, including with respect to policy formulation and program management. ``(c) Responsibilities.--The responsibilities of the Assistant Secretary shall include the following: ``(1) To establish and manage-- ``(A) a national cybersecurity response system that includes the ability to-- ``(i) analyze the effect of cybersecurity threat information on national critical infrastructure; and ``(ii) aid in the detection and warning of attacks on, and in the restoration of, cybersecurity infrastructure in the aftermath of such attacks; ``(B) a national cybersecurity threat and vulnerability reduction program that identifies cybersecurity vulnerabilities that would have a national effect on critical infrastructure, performs vulnerability assessments on information technologies, and coordinates the mitigation of such vulnerabilities; ``(C) a national cybersecurity awareness and training program that promotes cybersecurity awareness among the public and the private sectors and promotes cybersecurity training and education programs; ``(D) a government cybersecurity program to coordinate and consult with Federal, State, and local governments to enhance their cybersecurity programs; and ``(E) a national security and international cybersecurity cooperation program to help foster Federal efforts to enhance international cybersecurity awareness and cooperation. ``(2) To coordinate with the private sector on the program under paragraph (1) as appropriate, and to promote cybersecurity information sharing, vulnerability assessment, and threat warning regarding critical infrastructure. ``(3) To coordinate with other directorates and offices within the Department on the cybersecurity aspects of their missions. ``(4) To coordinate with the Under Secretary for Emergency Preparedness and Response to ensure that the National Response Plan developed pursuant to section 502(6) of the Homeland Security Act of 2002 (6 U.S.C. 312(6)) includes appropriate measures for the recovery of the cybersecurity elements of critical infrastructure. ``(5) To develop processes for information sharing with the private sector, consistent with section 214, that-- ``(A) promote voluntary cybersecurity best practices, standards, and benchmarks that are responsive to rapid technology changes and to the security needs of critical infrastructure; and ``(B) consider roles of Federal, State, local, and foreign governments and the private sector, including the insurance industry and auditors. ``(6) To coordinate with the Chief Information Officer of the Department in establishing a secure information sharing architecture and information sharing processes, including with respect to the Department's operation centers. ``(7) To consult with the Electronic Crimes Task Force of the United States Secret Service on private sector outreach and information activities. ``(8) To consult with the Office for Domestic Preparedness to ensure that realistic cybersecurity scenarios are incorporated into tabletop and recovery exercises. ``(9) To consult and coordinate, as appropriate, with other Federal agencies on cybersecurity-related programs, policies, and operations. ``(10) To consult and coordinate within the Department and, where appropriate, with other relevant Federal agencies, on security of digital control systems, such as Supervisory Control and Data Acquisition (SCADA) systems. ``(d) Authority Over the National Communications System.--The Assistant Secretary shall have primary authority within the Department over the National Communications System.''. (b) Clerical Amendment.--The table of contents in section 1(b) of such Act is amended by adding at the end of the items relating to subtitle A of title II the following: ``203. Assistant Secretary for Cybersecurity.''. SEC. 3. CYBERSECURITY DEFINED. Section 2 of the Homeland Security Act of 2002 (6 U.S.C. 101) is amended by adding at the end the following: ``(17)(A) The term `cybersecurity' means the prevention of damage to, the protection of, and the restoration of computers, electronic communications systems, electronic communication services, wire communication, and electronic communication, including information contained therein, to ensure its availability, integrity, authentication, confidentiality, and nonrepudiation. ``(B) In this paragraph-- ``(i) each of the terms `damage' and `computer' has the meaning that term has in section 1030 of title 18, United States Code; and ``(ii) each of the terms `electronic communications system', `electronic communication service', `wire communication', and `electronic communication' has the meaning that term has in section 2510 of title 18, United States Code.''.

Department of Homeland Security Cybersecurity Enhancement Act of 2004 - Amends the Homeland Security Act of 2002 to establish in the Department of Homeland Security's (DHS) Directorate for Information Analysis and Infrastructure Protection a National Cybersecurity Office, headed by an Assistant Secretary for Cybersecurity, who shall assist the Secretary in promoting cybersecurity for the Nation. Grants the Assistant Secretary primary authority within DHS for all cybersecurity-related critical infrastructure programs of DHS. Includes among the responsibilities of the Assistant Secretary to: (1) establish and manage a national cybersecurity response system, a national cybersecurity threat and vulnerability reduction program, a national cybersecurity awareness and training program, a government cybersecurity program, and a national security and international cybersecurity cooperation program; (2) coordinate specified activities with the private sector, with other directorates and offices within DHS (including with the Chief Information Officer), and with the Under Secretary for Emergency Preparedness and Response; (3) develop processes for information sharing with the private sector; (4) consult with the Secret Service's Electronic Crimes Task Force on private sector outreach and information activities and with the Office for Domestic Preparedness to ensure that realistic cybersecurity scenarios are incorporated into tabletop and recovery exercises; and (5) consult and coordinate with other Federal agencies on cybersecurity-related programs, policies, and operations and with other relevant Federal agencies and within DHS on security of digital control systems. Grants the Assistant Secretary primary authority within DHS over the National Communications System.

To amend the Homeland Security Act of 2002 to enhance cybersecurity, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Commission on the Dual-Use Application of Facilities and Resources at White Sands Missile Range Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The end of the Cold War, the fall of communist governments, and the spread of democratic principles and governments across the world will permit the Federal Government to continue the thoughtful reduction in the amount spent by the United States for national defense. (2) The reallocation of amounts that would otherwise be spent for that purpose offers an opportunity for the Federal Government to expand the utilization of defense-related equipment, processes, and technologies by the private sector, thereby promoting growth and job creation in the United States economy. (3) The Department of Defense has spent billions of dollars on the research, development, test, and evaluation of a variety of such equipment, processes, and technologies, including the facilities, equipment, processes, and technologies utilized at White Sands Missile Range, New Mexico. (4) The Department of Defense has not adequately studied or provided guidance for the manner in which defense-related facilities, equipment, processes, and technologies may be utilized effectively by the private sector. (5) A study of the facilities and resources of White Sands Missile Range provides an excellent opportunity to examine the defense-related facilities, equipment, processes, and technologies of the Department of Defense and their utilization by scientific personnel engaged in a variety of research, development, test, and evaluation programs. (6) The establishment of a commission for the study of such facilities, equipment, processes, and technologies will provide timely, relevant information on potential dual-use applications of such facilities, equipment, processes, and technologies by the private sector. SEC. 3. ESTABLISHMENT OF COMMISSION. (a) Establishment.--There is established a commission to be known as the Commission on the Dual-Use Application of Facilities and Resources at White Sands Missile Range (hereafter in this Act referred to as the ``Commission''). (b) Membership.--The Commission shall be composed of 10 members appointed by the Secretary of Defense, of whom-- (1) not less than one shall be a senior official or employee of the Department of Energy national laboratories who is familiar with the experiences of the Department of Energy with cooperative research and development agreements and dual- use technologies; (2) not less than one shall be a chief executive officer of a corporation that has worked with the Department of Defense or the Department of Energy on cooperative research and development agreements or have significant experience in the research, development, test, and evaluation of high technology; (3) not less than one shall be a senior official or employee of a department or agency of the Federal Government who is an expert in the commercial utilization or application of high technology by the private sector; and (4) the remainder, if any, shall be such persons as the Secretary determines appropriate. (c) Period of Appointment; Vacancies.--Members shall be appointed for the life of the Commission. Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner as the original appointment. (d) Quorum.--Six members of the Commission shall constitute a quorum, but a lesser number may hold hearings. (e) Chairman.--The Commission shall select a Chairman from among its members. (f) Meetings.--(1) Not later than 30 days after the date on which all members of the Commission have been appointed, the Commission shall hold its first meeting. (2) The Commission shall meet at the call of the Chairman. (g) Termination.--The Commission shall terminate 1 year after the date on which all members of the Commission have been appointed. SEC. 4. DUTIES OF THE COMMISSION. (a) Study.--The Commission shall conduct a study of the manner in which the defense-related equipment, facilities, processes, and technologies at White Sands Missile Range, New Mexico, may be utilized by the private sector. (b) Report.--Not later than 1 year after the date on which all members of the Commission have been appointed, the Commission shall submit to the Committees on Armed Services and the Committees on Appropriations of the Senate and House of Representatives a report on the results of the study conducted under subsection (a) which shall contain a detailed statement of the findings and conclusions of the Commission, together with its recommendations for such legislation and administrative actions as the Commission considers appropriate. SEC. 5. POWERS OF THE COMMISSION. (a) Hearings.--For the purpose of carrying out this Act, the Commission may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence, as the Commission considers appropriate. The Commission may administer oaths of affirmations to witnesses appearing before the Commission. (b) Information from Federal Agencies.--The Commission may secure directly from any Federal department or agency such information as the Commission considers necessary to carry out the provisions of this Act. Upon the request of a member of the Commission, the head of such department or agency shall furnish such information to the Commission. (c) Delegation of Powers.-- Any member of the Commission may, if authorized by the Commission, take any action which the Commission is authorized to take by this Act. (d) Postal Service.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. SEC. 6. COMMISSION PERSONNEL MATTERS. (a) Compensation.--(1) Each member of the Commission who is not an officer or employee of the United States shall be compensated at a rate established by the Commission not to exceed the daily equivalent of the annual basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which such member is engaged in the actual performance of duties as a member of the Commission. Each member of the Commission who is an officer or employee of the United States shall receive no additional compensation for service on the Commission. (2) While away from their homes or regular places of business in the performance of their duties for the Commission, the members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at a rate established by the Commission not to exceed rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code. (b) Administrative Provisions.--(1) The Commission shall appoint an executive director who shall be compensated at a rate established by the Commission not to exceed the rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of title 5, United States Code. (2) With the approval of the Commission, the executive director may appoint and fix the compensation of such additional personnel as the executive director considers necessary to carry out the duties of the Commission. (3) Service of an individual as a member of the Commission, or employment of the individual by the Commission as an expert in any business or professional field, on a part-time or full-time basis, with or without compensation, shall not be considered as service or employment bringing such individual within the provisions of any Federal law relating to conflicts of interest or otherwise imposing restrictions, requirements, or penalties in relation to the employment of persons, the performance of services, or the payment or receipt of compensation in connection with claims, proceedings, or matters involving the United States. Service as a member of the Commission, or as an employee of the Commission, shall not be considered service in an appointive or elective position in the Government for purposes of section 8344 of title 5, United States Code, or comparable provisions of Federal law. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such amounts as are necessary to carry out the purposes of this Act.

Commission on the Dual-Use Application of Facilities and Resources at White Sands Missile Range Act - Establishes the Commission on the Dual-Use Application of Facilities and Resources at White Sands Missile Range to study and report to the congressional defense committees on the manner in which the defense-related equipment, facilities, processes, and technologies at White Sands Missile Range in New Mexico may be utilized by the private sector. Terminates the Commission one year after its members are appointed. Authorizes appropriations.

Commission on the Dual-Use Application of Facilities and Resources at White Sands Missile Range Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Southwest Border Security Threat Assessment Act of 2016''. SEC. 2. SOUTHWEST BORDER THREAT ANALYSIS. (a) In General.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a southwest border threat analysis that includes the following: (1) An assessment of current and potential terrorism and criminal threats posed by individuals and organized groups seeking to-- (A) unlawfully enter the United States through the southwest border; or (B) exploit security vulnerabilities along the southwest border. (2) An assessment of improvements needed at and between ports of entry along the southwest border to prevent terrorists and instruments of terror from entering the United States. (3) An assessment of gaps in law, policy, and coordination between State, local, or tribal law enforcement, international agreements, or tribal agreements that hinder effective and efficient border security, counterterrorism, and anti-human smuggling and trafficking efforts. (4) An assessment of the flow of legitimate trade along the southwest border. (5) An assessment of the current percentage of situational awareness achieved by the Department of Homeland Security along the southwest border. (6) An assessment of the current percentage of operational control (as such term is defined in section 2 of the Secure Fence Act of 2006 (8 U.S.C. 1701 note; Public Law 109-367)) achieved by the Department of Homeland Security of the southwest. (7) An assessment of impact of trusted traveler programs on border wait times and border security. (8) An assessment of traveler crossing times and any potential security vulnerability associated with prolonged wait times. (b) Analysis Requirements.--For the southwest border threat analysis required under subsection (a), the Secretary of Homeland Security shall consider and examine the following: (1) Technology needs and challenges, including such needs and challenges identified as a result of previous investments that have not fully realized the security and operational benefits that were sought. (2) Personnel needs and challenges, including such needs and challenges associated with recruitment and hiring. (3) Infrastructure needs and challenges. (4) The roles and authorities of State, local, and tribal law enforcement in general border security activities. (5) The status of coordination among Federal, State, local, tribal, and Mexican law enforcement entities relating to border security. (6) The terrain, population density, and climate along the southwest border. (7) International agreements between the United States and Mexico related to border security. (c) Classified Threat Analysis.--To the extent possible, the Secretary of Homeland Security shall submit the southwest border threat analysis required under subsection (a) in unclassified form. The Secretary may submit a portion of such threat analysis in classified form if the Secretary determines such is appropriate. SEC. 3. BORDER PATROL STRATEGIC PLAN. (a) In General.--Not later than 180 days after the submission of the threat analysis required under section 2 but not later than June 30, 2017, and every five years thereafter, the Secretary of Homeland Security, acting through the Chief of U.S. Border Patrol, shall, in consultation with the Officer for Civil Rights and Civil Liberties of the Department of Homeland Security, issue a Border Patrol Strategic Plan. (b) Contents.--The Border Patrol Strategic Plan required under subsection (a) shall include, at a minimum, a consideration of the following: (1) The southwest border threat analysis required under section 2, with an emphasis on efforts to mitigate threats identified in such threat analysis. (2) Efforts to analyze and disseminate border security and border threat information between Department of Homeland Security border security components and with other appropriate Federal departments and agencies with missions associated with the border. (3) Efforts to increase situational awareness, including the following: (A) Surveillance capabilities, including capabilities developed or utilized by the Department of Defense, and any appropriate technology determined to be excess by the Department of Defense. (B) Use of manned aircraft and unmanned aerial systems, including camera and sensor technology deployed on such assets. (4) Efforts to detect and prevent terrorists and instruments of terrorism from entering the United States. (5) Efforts to detect, interdict, and disrupt aliens and illicit drugs at the earliest possible point. (6) Efforts to focus intelligence collection to disrupt transnational criminal organizations outside of the international and maritime borders of the United States. (7) Efforts to ensure that any new border security technology can be operationally integrated with existing technologies in use by the Department of Homeland Security. (8) Technology required to maintain, support, and enhance security and facilitate trade at ports of entry, including nonintrusive detection equipment, radiation detection equipment, biometric technology, surveillance systems, and other sensors and technology that the Secretary of Homeland Security determines necessary. (9) Operational coordination unity of effort initiatives of the border security components of the Department of Homeland Security, including any relevant task forces of the Department. (10) Lessons learned from Operation Jumpstart and Operation Phalanx. (11) Cooperative agreements and information sharing with State, local, tribal, territorial, and other Federal law enforcement agencies that have jurisdiction on the northern or southern border. (12) Border security information received from consultation with State, local, tribal, territorial, and Federal law enforcement agencies that have jurisdiction on the northern or southern border, or in the maritime environment, and from border community stakeholders (including through public meetings with such stakeholders), including representatives from border agricultural and ranching organizations and representatives from business and civic organizations along the northern or southern border. (13) Staffing requirements for all departmental border security functions. (14) A prioritized list of departmental research and development objectives to enhance the security of the southwest border. (15) An assessment of training programs, including training programs regarding the following: (A) Identifying and detecting fraudulent documents. (B) Understanding the scope of enforcement authorities and the use of force policies. (C) Screening, identifying, and addressing vulnerable populations, such as children and victims of human trafficking. (16) An assessment of how border security operations affect crossing times. SEC. 4. DEFINITIONS. In this Act: (1) Situational awareness.--The term ``situational awareness'' means a knowledge and unified understanding of unlawful cross-border activity, including threats and trends concerning illicit trafficking and unlawful crossings (which may be used to forecast future shifts in such threats and trends), and the operational capability to conduct continuous and integrated surveillance of the international borders of the United States. (2) Southwest border.--The term ``southwest border'' means the land and maritime borders between the United States and Mexico. Passed the House of Representatives April 13, 2016. Attest: KAREN L. HAAS, Clerk.

Southwest Border Security Threat Assessment Act of 2016 (Sec. 2) This bill directs the Secretary of Homeland Security (DHS) to submit a southwest border threat analysis that includes an assessment of: terrorism and criminal threats posed by individuals and organized groups seeking to unlawfully enter the United States through the southwest border or seeking to exploit security vulnerabilities along such border; improvements needed at and between ports of entry to prevent terrorists and instruments of terror from entering the United States; gaps in law, policy, and coordination that hinder effective and efficient border security, counterterrorism, anti-human smuggling and trafficking efforts; the flow of legitimate trade along the southwest border; the current percentage of situational awareness and of operational control achieved by DHS along the southwest border; the impact of trusted traveler programs on border wait times and border security; and traveler crossing times and any potential security vulnerability associated with prolonged wait times. As part of such analysis, the Secretary shall consider and examine: technology, personnel, and infrastructure needs and challenges; the roles and authorities of law enforcement; the status of coordination among law enforcement entities; the terrain, population density, and climate along the southwest border; and international agreements between the United States and Mexico. (Sec. 3) The bill requires the Chief of the Border Patrol, within 180 days after submission of the threat analysis and every five years thereafter, to issue a Border Patrol Strategic Plan that includes consideration of: the southwest border threat analysis; efforts to analyze and disseminate border security and border threat information between DHS components and with other federal agencies with missions associated with the border; efforts to increase situational awareness, to detect and prevent terrorists and instruments of terrorism from entering the United States, and to detect, interdict, and disrupt aliens and illicit drugs at the earliest possible point upon entry into the United States; efforts to focus intelligence collection to disrupt transnational criminal organizations outside of U.S. borders; efforts to ensure that any new border security technology can be operationally integrated with existing DHS technologies; technology required to maintain, support, and enhance security and facilitate trade at ports of entry; operational coordination unity of effort initiatives of DHS border security components; lessons learned from Operation Jumpstart and Operation Phalanx; cooperative agreements and information sharing with agencies that have jurisdiction on the borders; border security information received from consultation with such agencies and from border community stakeholders; staffing requirements; a prioritized list of departmental research and development objectives; an assessment of training programs for detecting fraudulent documents, understanding the scope of enforcement authorities and the use of force policies, and screening, identifying, and addressing vulnerable populations; and an assessment of how border security operations affect crossing times.

Southwest Border Security Threat Assessment Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``No Child Left Behind Improvement Act of 2005''. SEC. 2. AMENDMENTS TO ESEA. (a) Highly Qualified Teachers.-- (1) Middle school teachers.--Paragraph (23) of section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801) is amended-- (A) in subclause (II) of subparagraph (B)(ii), by inserting ``in the case of a secondary school teacher,'' before ``successful completion''; (B) at the end of subparagraph (B), by adding the following: ``(III) in the case of a middle school teacher, successful completion, in at least one of the academic subjects in which the teacher teaches, of an academic major, a graduate degree, coursework equivalent to an undergraduate academic major, or advanced certification or credentialing and, in every other academic subject in which the teacher teaches, of at least an academic minor;''. (C) in subparagraph (C), by striking the period at the end and inserting a semicolon; and (D) by adding at the end the following: ``(D) when used with respect to a middle school teacher who was not new to the profession as of the date of the enactment of the No Child Left Behind Act of 2001, means that the teacher holds at least a bachelor's degree and-- ``(i) has met the applicable standard in subparagraph (B)(ii) or (C)(ii); or ``(ii) satisfies such criteria as the Secretary may establish for demonstrating an extensive history of teaching experience and a positive teaching record (including positive peer reviews and any postgraduate credits or training); and''. (2) Special education and corrections education teachers.-- Paragraph (23) of section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801), as amended by paragraph (1), is amended-- (A) in clause (ii) of subparagraph (B), by inserting ``subject to subparagraph (E),'' before ``a middle or secondary school teacher''; and (B) by adding at the end the following: ``(E) in lieu of demonstrating for purposes of subparagraph (B)(ii) a high level of competency in each of the academic subjects in which a middle or secondary school teacher teaches-- ``(i) a middle or secondary school teacher primarily serving children with disabilities or a middle or secondary school teacher primarily serving children or youth described in section 1411 may, for the first 3 school years after the date of the enactment of the No Child Left Behind Improvement Act of 2005 or the first 3 school years of such teacher's teaching career, demonstrate such a high level of competency by satisfying the requirements of subclause (I), (II), or (III) of subparagraph (B)(ii) only with respect to special education or corrections education, respectively; and ``(ii) notwithstanding the limitation of 3 school years in clause (i), a middle or secondary school teacher who teaches 3 or more subjects and exclusively serves children with disabilities or a middle or secondary school teacher who teaches 3 or more subjects and exclusively serves children or youth described in section 1411 may, for as long as the teacher continues to serve in such capacity, demonstrate such a high level of competency by satisfying the requirements of subclause (I), (II), or (III) of subparagraph (B)(ii) only with respect to special education or corrections education, respectively.''. (b) Adequate Yearly Progress.-- (1) Student with disabilities.-- (A) Modification of standards, assessments.-- Subsection (b) of section 1111 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311) is amended by adding at the end the following: ``(11) Children with disabilities.-- ``(A) Modification of standards, assessments.--With respect to a child with a disability, a State plan shall provide for alternate challenging academic content standards and challenging student academic achievement standards under paragraph (1)(A), alternate high standards of academic achievement described in paragraph (2)(C)(i), and alternate yearly student academic assessments described in paragraph (3), to align such standards and assessments with the child's individualized education program. ``(B) Determination of applicable assessment.--In carrying out this paragraph, consistent with the Individuals with Disabilities Education Act, the State-- ``(i) shall allow the individualized education program team of each child with a disability in the State to determine whether an alternate academic assessment should be administered to the child in lieu of the academic assessment otherwise required by paragraph (3); ``(ii) shall require the individualized education program team of the child to select any such alternate academic assessment from among the alternate assessments included in the State's plan pursuant to subparagraph (C); and ``(iii) shall require that any alternate academic assessment administered to a child under this paragraph be more advanced than any such assessment administered to the child in a previous school year under this paragraph. ``(C) Alternative assessments.--Each State plan shall include alternate academic assessments that may be administered to children with disabilities for purposes of complying with this paragraph. ``(D) Definition.--In this paragraph, the term `individualized education program' has the meaning given to that term in section 602 of the Individuals with Disabilities Education Act.''. (B) Rule of construction.--The amendment made by this paragraph shall be construed as superseding the 1.0 percent cap at section 200.13(c)(1) of title 34, Code of Federal Regulations (imposing a cap on the number of children with disabilities whose proficient and advanced scores, although based on alternate achievement standards, may be included in calculating adequate yearly progress). (2) Students with limited english proficiency.--Section 1111(b) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)) is amended-- (A) in paragraph (2)(C)-- (i) in clause (vi), by striking ``and'' at the end; (ii) in clause (vii), by striking the period at the end and inserting a semicolon; and (iii) by adding at the end the following: ``(viii) notwithstanding the participation of students with limited English proficiency in the yearly student academic assessments in mathematics, reading or language arts, and science described in paragraph (3), measures the achievement of the group of such students based exclusively on the progress of such students in acquiring English proficiency, as determined by measuring the progress of such students on a longitudinal basis, taking into consideration the performance of such students on the academic assessments of English language proficiency required under paragraph (7); and''; and (B) by amending paragraph (6) to read as follows: ``(6) Students with limited english proficiency.--In addition to administering to students with limited English proficiency the yearly student academic assessments in mathematics, reading or language arts, and science described in paragraph (3), each State plan shall demonstrate that the State educational agency, in consultation with local educational agencies, has implemented high-quality, yearly assessments, including at a minimum the academic assessments of English language proficiency required under paragraph (7), for measuring on a longitudinal basis the progress of each individual student with limited English proficiency served by the State educational agency.''. (3) Longitudinal measurement of ayp.--Subsection (b) of section 1111 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311) is amended-- (A) at the end of paragraph (2)(C), as amended by paragraph (2), by adding the following: ``(ix) at the State's discretion, measures the progress of public elementary schools, secondary schools, and local educational agencies by tracking the progress of individual students or cohorts of students on a longitudinal basis in lieu of, or in addition to, comparing the proficiency of a class of students with the proficiency of earlier classes of students.''; and (B) at the end of subsection (b), as amended by paragraph (1), by adding the following: ``(12) Longitudinal progress of transferring students.-- ``(A) In general.--If a State chooses to measure adequate yearly progress on a longitudinal basis pursuant to paragraph (2)(C)(ix), the State may exclude from such measurement of progress at a school any student who transferred to that school at the beginning of or during the school year involved. ``(B) Students who frequently transfer.--The Secretary by regulation-- ``(i) shall ensure that a State choosing to measure adequate yearly progress on a longitudinal basis has in effect a system for measuring the progress of students who frequently transfer among schools; and ``(ii) in the case of a student who attends 3 or more schools in any 5-year period, shall provide for the sharing of school records.''. (4) Percentage of students required to take assessments.-- Clause (ii) of section 1111(b)(2)(I) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(2)(I)) is amended by inserting ``, and except that a school may satisfy the 95 percent requirement described in this clause based on a 3-year average of the applicable percentage'' after ``personally identifiable information about an individual student''. (5) Conforming amendments.--Subsection (b) of section 1111 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311) is amended-- (A) in subparagraph (B) of paragraph (1), by striking ``The academic standards'' and inserting ``Subject to paragraphs (2)(C)(viii), (6), and (11), the academic standards''; and (B) in clause (i) of paragraph (3)(C), by inserting ``subject to paragraphs (6) and (11),'' before ``be the same academic assessments''. (c) Effective Date.--The amendments made by this Act shall apply only with respect to the first school year beginning after the date of the enactment of this Act and subsequent school years.

No Child Left Behind Improvement Act of 2005 - Amends the Elementary and Secondary Education Act of 1965, as amended by the No Child Left Behind Act of 2001, to revise accountability requirements of title I part A assistance for basic programs operated by local educational agencies to improve the academic achievement of the disadvantaged. Revises such requirements relating to: (1) qualifications of middle school teachers and of special education and corrections education teachers; (2) adequate yearly progress (AYP) standards for students with disabilities and for students with limited English proficiency; (3) longitudinal measurement of AYP; and (4) percentage of students taking assessments.

To amend the accountability provisions of the Elementary and Secondary Education Act of 1965, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Flat Tax Act''. SEC. 2. THE FLAT TAX. (a) In General.--Subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after part VII the following new part: ``PART VIII--THE FLAT TAX ``Sec. 60. Irrevocable election to be subject to flat tax. ``Sec. 60A. Tax imposed on individuals. ``Sec. 60B. Tax imposed on business activities. ``Sec. 60C. Tax on noncash compensation provided to employees not engaged in business activity. ``SEC. 60. IRREVOCABLE ELECTION TO BE SUBJECT TO FLAT TAX. ``(a) Individual.-- ``(1) In general.--Except as provided in paragraph (2), in lieu of the tax imposed by sections 1 (relating to tax imposed) and 55 (relating to alternative minimum tax imposed), under regulations prescribed by the Secretary, an individual may make an irrevocable election to be subject to the tax imposed by this part. ``(2) Innocent spouse exception.--An individual who has made an election under paragraph (1) and who subsequently obtains relief of liability for tax under section 6015(b) may, not later than 1 year after the date such relief is granted, revoke the election made under paragraph (1). ``(b) Person Engaged in Business Activity.--In lieu of the tax imposed by sections 11 (relating to tax imposed) and 55 (relating to alternative minimum tax imposed), under regulations prescribed by the Secretary, a person engaged in business activity may make an irrevocable election to be subject to the tax imposed by this part. ``(c) Disallowance of Credits.--No credit shall be allowed under this chapter for any taxable year to any person with respect to whom an election under subsection (a) or (b) is in effect. ``SEC. 60A. TAX IMPOSED ON INDIVIDUALS. ``(a) In General.--There is hereby imposed on the taxable income of every individual who makes an election to be subject to this part a tax equal to-- ``(1) 19 percent of the taxable income of such individual for such taxable year in the case of the first 2 taxable years of the individual beginning with the taxable year for which the election is made, and ``(2) 17 percent of the taxable income of such individual for such taxable year in the case of all taxable years subsequent to the taxable years described in paragraph (1). ``(b) Taxable Income.--For purposes of this part, the term `taxable income' means the excess of-- ``(1) the sum of-- ``(A) wages (as defined in section 3121(a) without regard to paragraph (1) thereof) which are paid in cash and which are received during the taxable year for services performed in the United States, ``(B) retirement distributions which are includible in gross income for such taxable year, plus ``(C) amounts received under any law of the United States or of any State which is in the nature of unemployment compensation, over ``(2) the standard deduction. ``(c) Standard Deduction.--For purposes of this part-- ``(1) In general.--The term `standard deduction' means the sum of-- ``(A) the basic standard deduction, plus ``(B) the additional standard deduction. ``(2) Basic standard deduction.--For purposes of paragraph (1), the basic standard deduction is-- ``(A) $32,496 in the case of-- ``(i) a joint return, or ``(ii) a surviving spouse (as defined in section 2(a)), ``(B) $20,739 in the case of a head of household (as defined in section 2(b)), and ``(C) $16,248 in the case of an individual-- ``(i) who is not married and who is not a surviving spouse or head of household, or ``(ii) who is a married individual filing a separate return. ``(3) Additional standard deduction.--For purposes of paragraph (1), the additional standard deduction is $6,998 for each dependent (as defined in section 152) who is a qualifying child (as defined in section 152(c)(1)) for the taxable year and who is not required to file a return for such taxable year. ``(d) Retirement Distributions.--For purposes of this section, the term `retirement distribution' means any distribution from-- ``(1) a plan described in section 401(a) which includes a trust exempt from tax under section 501(a), ``(2) an annuity plan described in section 403(a), ``(3) an annuity contract described in section 403(b), ``(4) an individual retirement account described in section 408(a), ``(5) an individual retirement annuity described in section 408(b), ``(6) an eligible deferred compensation plan (as defined in section 457), ``(7) a governmental plan (as defined in section 414(d)), or ``(8) a trust described in section 501(c)(18). Such term includes any plan, contract, account, annuity, or trust which, at any time, has been determined by the Secretary to be such a plan, contract, account, annuity, or trust. ``(e) Income of Certain Children.--For purposes of this part-- ``(1) an individual's taxable income shall include the taxable income of each dependent child of such individual who has not attained age 14 as of the close of such taxable year, and ``(2) such dependent child shall have no liability for tax imposed by this section with respect to such income and shall not be required to file a return for such taxable year. ``(f) Inflation Adjustment.-- ``(1) In general.--In the case of any taxable year beginning in a calendar year after 2013, each dollar amount contained in subsection (c) shall be increased by an amount determined by the Secretary to be equal to-- ``(A) such dollar amount, multiplied by ``(B) the cost-of-living adjustment for such calendar year. ``(2) Cost-of-living adjustment.--For purposes of paragraph (1), the cost-of-living adjustment for any calendar year is the percentage (if any) by which-- ``(A) the CPI for the preceding calendar year, exceeds ``(B) the CPI for the calendar year 2012. ``(3) CPI for any calendar year.--For purposes of paragraph (2), the CPI for any calendar year is the average of the Consumer Price Index as of the close of the 12-month period ending on August 31 of such calendar year. ``(4) Consumer price index.--For purposes of paragraph (3), the term `Consumer Price Index' means the last Consumer Price Index for all-urban consumers published by the Department of Labor. For purposes of the preceding sentence, the revision of the Consumer Price Index which is most consistent with the Consumer Price Index for calendar year 1986 shall be used. ``(5) Rounding.--If any increase determined under paragraph (1) is not a multiple of $10, such increase shall be rounded to the next highest multiple of $10. ``(g) Marital Status.--For purposes of this section, marital status shall be determined under section 7703. ``SEC. 60B. TAX IMPOSED ON BUSINESS ACTIVITIES. ``(a) Tax Imposed.--There is hereby imposed on every person engaged in a business activity who makes an election to be taxed under this part a tax equal to-- ``(1) 19 percent of the business taxable income of such person for such taxable year in the case of the first 2 taxable years of the person beginning with the taxable year for which the election is made, and ``(2) 17 percent of the business taxable income of such person for such taxable year in the case of all taxable years subsequent to the taxable years described in paragraph (1). ``(b) Liability for Tax.--The tax imposed by this section shall be paid by the person engaged in the business activity, whether such person is an individual, partnership, corporation, or otherwise. ``(c) Business Taxable Income.--For purposes of this section-- ``(1) In general.--The term `business taxable income' means gross active income reduced by the deductions specified in subsection (d). ``(2) Gross active income.-- ``(A) In general.--For purposes of paragraph (1), the term `gross active income' means gross receipts from-- ``(i) the sale or exchange of property or services in the United States by any person in connection with a business activity, and ``(ii) the export of property or services from the United States in connection with a business activity. ``(B) Exchanges.--For purposes of this section, the amount treated as gross receipts from the exchange of property or services is the fair market value of the property or services received, plus any money received. ``(C) Coordination with special rules for financial services, etc.--Except as provided in subsection (e)-- ``(i) the term `property' does not include money or any financial instrument, and ``(ii) the term `services' does not include financial services. ``(3) Exemption from tax for activities of governmental entities and tax-exempt organizations.--For purposes of this section, the term `business activity' does not include any activity of a governmental entity or of any other organization which is exempt from tax under this chapter. ``(d) Deductions.-- ``(1) In general.--The deductions specified in this subsection are-- ``(A) the cost of business inputs for the business activity, ``(B) wages (as defined in section 3121(a) without regard to paragraph (1) thereof) which are paid in cash for services performed in the United States as an employee, and ``(C) retirement contributions to or under any plan or arrangement which makes retirement distributions (as defined in section 60A(d)) for the benefit of such employees to the extent such contributions are allowed as a deduction under section 404. ``(2) Business inputs.-- ``(A) In general.--For purposes of paragraph (1), the term `cost of business inputs' means-- ``(i) the amount paid for property sold or used in connection with a business activity, ``(ii) the amount paid for services (other than for the services of employees, including fringe benefits paid by reason of such services) in connection with a business activity, and ``(iii) any excise tax, sales tax, customs duty, or other separately stated levy imposed by a Federal, State, or local government on the purchase of property or services which are for use in connection with a business activity. Such term shall not include any tax imposed by chapter 2 or 21. ``(B) Exceptions.--Such term shall not include-- ``(i) items described in subparagraphs (B) and (C) of paragraph (1), and ``(ii) items for personal use not in connection with any business activity. ``(C) Exchanges.--For purposes of this section, the amount treated as paid in connection with the exchange of property or services is the fair market value of the property or services exchanged, plus any money paid. ``(e) Special Rules for Financial Intermediation Service Activities.--In the case of the business activity of providing financial intermediation services, the taxable income from such activity shall be equal to the value of the intermediation services provided in such activity. ``(f) Exception for Services Performed as Employee.--For purposes of this section, the term `business activity' does not include the performance of services by an employee for the employee's employer. ``(g) Carryover of Credit-Equivalent of Excess Deductions.-- ``(1) In general.--If the aggregate deductions for any taxable year exceed the gross active income for such taxable year, the credit-equivalent of such excess shall be allowed as a credit against the tax imposed by this section for the following taxable year. ``(2) Credit-equivalent of excess deductions.--For purposes of paragraph (1), the credit-equivalent of the excess described in paragraph (1) for any taxable year is an amount equal to-- ``(A) the sum of-- ``(i) such excess, plus ``(ii) the product of such excess and the 3-month Treasury rate for the last month of such taxable year, multiplied by ``(B) the rate of the tax imposed by subsection (a) for such taxable year. ``(3) Carryover of unused credit.--If the credit allowable for any taxable year by reason of this subsection exceeds the tax imposed by this section for such year, then (in lieu of treating such excess as an overpayment) the sum of-- ``(A) such excess, plus ``(B) the product of such excess and the 3-month Treasury rate for the last month of such taxable year, shall be allowed as a credit against the tax imposed by this section for the following taxable year. ``(4) 3-month treasury rate.--For purposes of this subsection, the 3-month Treasury rate is the rate determined by the Secretary based on the average market yield (during any 1- month period selected by the Secretary and ending in the calendar month in which the determination is made) on outstanding marketable obligations of the United States with remaining periods to maturity of 3 months or less. ``SEC. 60C. TAX ON NONCASH COMPENSATION PROVIDED TO EMPLOYEES NOT ENGAGED IN BUSINESS ACTIVITY. ``(a) Imposition of Tax.--There is hereby imposed on every employer of an employee to whom this section applies and who makes an election to be taxed under this part a tax equal to-- ``(1) 19 percent of the value of excludable compensation provided during the calendar year by the employer for the benefit of employees to whom this section applies in the case of the first 2 calendar years beginning with the calendar year for which the election under section 60 is made, and ``(2) 17 percent of such excludable compensation during the calendar year in the case of all calendar years subsequent to the calendar years described in paragraph (1). ``(b) Liability for Tax.--The tax imposed by this section shall be paid by the employer. ``(c) Excludable Compensation.--For purposes of subsection (a), the term `excludable compensation' means any remuneration for services performed as an employee other than-- ``(1) wages (as defined in section 3121(a) without regard to paragraph (1) thereof) which are paid in cash, ``(2) remuneration for services performed outside the United States, and ``(3) retirement contributions to or under any plan or arrangement which makes retirement distributions (as defined in section 60A(d)). ``(d) Employees to Whom Section Applies.--This section shall apply to an employee who is employed in any activity by-- ``(1) any organization which is exempt from taxation under this chapter, or ``(2) any agency or instrumentality of the United States, any State or political subdivision of a State, or the District of Columbia.''. (b) Clerical Amendment.--The table of parts for subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: ``Part VIII. The Flat Tax.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2013. SEC. 3. REPEAL OF ESTATE AND GIFT TAXES. (a) In General.--Subtitle B of the Internal Revenue Code of 1986 is hereby repealed. (b) Effective Date.--The repeal made by subsection (a) shall apply to the estates of decedents dying, and gifts and generation-skipping transfers made, after December 31, 2013. (c) Cross Reference.--See section 102 of the Internal Revenue Code of 1986 for exclusion of gifts and inheritances from gross income. SEC. 4. SUPERMAJORITY REQUIRED TO CONSIDER REVENUE MEASURE. A bill, joint resolution, amendment to a bill or joint resolution, or conference report that-- (1) includes an increase in the rates of tax specified in section 60A(a) or 60B(a) of the Internal Revenue Code of 1986 (as amended by this Act), or (2) reduces the standard deduction, as defined in section 60A(c) of such Code (as so amended), or the deductions specified in section 60B(d) of such Code (as so amended), may not be considered as passed or agreed to by the House of Representatives or the Senate unless so determined by a vote of not less than two-thirds of the Members of the House of Representatives or the Senate (as the case may be) voting, a quorum being present.

Flat Tax Act - Amends the Internal Revenue Code to authorize an individual or a person engaged in business activity to make an irrevocable election to be subject to a flat tax (in lieu of the existing income tax provisions) of 19% for the first two years after an election is made, and 17% thereafter. Calculates taxable income for individual taxpayers by subtracting a basic standard deduction and an additional standard deduction for each dependent from the total of wages, retirement distributions, and unemployment compensation. Defines "business taxable income" to mean gross active income reduced by the cost of certain business inputs. Imposes an employer tax on the value of excludable compensation provided to employees not engaged in business activity of 19% for the first two years after an election is made under this Act and 17% thereafter. Repeals the estate, gift, and generation-skipping transfer taxes. Requires a two-thirds vote of the House of Representatives or the Senate to increase the flat tax rate proposed by this Act or to reduce the amount of the standard deduction or business-related deductions allowed by this Act.

Flat Tax Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Independent Drug Education and Outreach Act of 2008''. SEC. 2. PRESCRIPTION DRUG EDUCATION AND OUTREACH. Part A of title IX of the Public Health Service Act (42 U.S.C. 299 et seq.) is amended by adding at the end the following: ``SEC. 904. PRESCRIPTION DRUG EDUCATION AND OUTREACH. ``(a) In General.--The Secretary, acting through the Director, shall establish a program to award grants or contracts-- ``(1) under subsection (b) for the development and production of educational materials concerning the evidence available on the relative safety, relative effectiveness, and relative cost of prescription drugs, non-prescription drugs, and non-drug interventions for treating selected conditions, for distribution to healthcare providers who prescribe such drugs and their patients; and ``(2) under subsection (c) for the development and implementation of a program to appropriately train and deploy health professionals to educate physicians and other drug prescribers concerning the relative safety, relative effectiveness, and relative cost of prescription drugs, non- prescription drugs, and non-drug interventions for treating selected conditions. ``(b) Educational Material Grants or Contracts.-- ``(1) In general.--The Secretary, acting through the Director, shall award grants or contracts to eligible entities for the development and production of educational materials concerning the evidence available on the relative safety, relative effectiveness, and relative cost of prescription drugs, non-prescription drugs, and non-drug interventions for treating selected conditions, for presentation to healthcare providers who prescribe such drugs and their patients. ``(2) Eligible entities.--To be eligible to receive a grant or contract under paragraph (1) an entity shall-- ``(A) be a non-profit or governmental entity that is able to demonstrate clinical expertise, including-- ``(i) a medical school; ``(ii) an academic medical center; ``(iii) a school of pharmacy; ``(iv) a medical society; ``(v) a pharmacist society; ``(vi) a research institute; and ``(vii) any other entity determined appropriate by the Secretary; ``(B) receive no support from any entity that manufactures products used to treat the medical conditions discussed, or from any organization funded by such entities, during the period beginning 1 year prior to the submission of an application under this paragraph and ending 1 year after the date on which the grant or contract is received; and ``(C) submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including-- ``(i) information on the conditions for which the entity will develop and produce educational materials using grant or contract funds; and ``(ii) a plan for ensuring the effectiveness of such education materials and for interacting with entities receiving grants or contracts under subsection (c). ``(3) Criteria for awarding grants or contracts.--In evaluating grant or contract applications received under this subsection, the Secretary shall take into consideration-- ``(A) the capacity of the entities to perform the activities described in paragraph (4); ``(B) the conditions that the educational materials involved will relate to, with a preference for minimizing redundancy; and ``(C) the quality of the proposed educational materials involved, including-- ``(i) whether materials are based upon peer-reviewed sources or based upon scientific research which conforms to the accepted standards of experimental design, data collection, analysis, and interpretation; ``(ii) the likelihood that the materials will accurately reflect the comprehensive body of available evidence that is accepted within the practice of medicine; and ``(iii) the adequacy of the methods to be used to analyze the studies proposed to be relied upon. ``(4) Use of funds.--An entity shall use amounts received under a grant or contract under this subsection to-- ``(A) develop educational materials of the type described in paragraph (1), including monographs, brochures, readily available reference cards, handouts for patients, and other materials in either written or electronic formats (including electronic formats compatible with e-prescribing) determined appropriate by the Secretary; ``(B) conduct tests concerning the effectiveness of such educational materials with healthcare providers and their patients; and ``(C) prepare and submit to the Director the educational materials by condition, and a report that provides evidence supporting the accuracy of the information and findings in the educational materials, including studies relied upon to prepare such materials, a description of the methods used to analyze those studies, and any studies with conflicting findings that were not included in the educational materials. ``(5) Review of educational materials.-- ``(A) In general.--The Director shall review and approve proposed educational materials submitted under paragraph (4)(C) within 90 days of the receipt of such materials. ``(B) Clearance of educational materials.--With respect to educational materials that have been reviewed and approved by the Director, the Secretary shall permit the grantee or contractor involved to include on such educational materials the following statement: `These materials were compiled under a grant issued by the Department of Health and Human Services.'. ``(C) Update of materials.--As needed, but not later than 2 years after the date on which the educational materials were approved by the Director, the grantee or contractor involved shall submit updated materials to the Director, including the studies used to develop such updates. ``(6) Availability.--The Director shall ensure that educational materials and reports developed under a grant or contract under this subsection shall be made publicly available and accessible, including through the Internet website of the Agency. ``(c) Prescriber Education and Outreach Program.-- ``(1) In general.--The Secretary, acting through the Director, shall award 10 grants or contracts to eligible entities for the development and implementation of programs to appropriately train and deploy healthcare professionals to educate physicians and other drug prescribers concerning the relative safety, relative effectiveness, and relative cost of prescription drugs and their alternatives as described in subsection (a)(2), and to distribute the educational materials developed under subsection (b) to physicians and other drug prescribers. ``(2) Eligible entities.--To be eligible to receive a grant or contract under paragraph (1) an entity shall-- ``(A) be-- ``(i) a public entity, including a State or county; ``(ii) a non-profit private entity; ``(iii) a partnership between a public entity and a non-profit private entity; or ``(iv) an academic institution; ``(B) receive no support from any entity that manufactures products used to treat the medical conditions discussed, or from any organization funded by such entities, during the period beginning 1 year prior to the submission of an application under this paragraph and ending 1 year after the date on which the grant or contract is received; and ``(C) submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. ``(3) Criteria for awarding grants or contracts.--In evaluating grant or contract applications received under this subsection, the Secretary shall take into consideration-- ``(A) the capacity of the entities to perform the activities described in paragraph (4); ``(B) the service areas of the entity's programs, in order to minimize overlap; ``(C) the plans of the entities involved to provide incentives for physicians and other prescribers to participate in the education program, such as the availability of continuing medical education credits; and ``(D) the methods proposed to provide the educational materials through outreach and interaction with prescribers in a setting, and with a communications plan, designed to enhance the likelihood that prescribers will participate, and will use the information to improve the relative safety, relative effectiveness, and relative cost of medication utilization. ``(4) Use of funds.--An entity shall use amounts received under a grant or contract under this subsection to carry out the following activities: ``(A) To hire and provide training to nurses, pharmacists, or other individuals with an appropriate clinical background to enable such individuals to provide information and educational outreach concerning the relative safety, relative effectiveness, and relative cost of prescription drugs and their alternatives as described in subsection (a)(2) to healthcare providers who prescribe drugs in a manner that prescribers find useful, convenient, and time efficient. ``(B) To identify healthcare providers who will receive office visits from individuals who receive training under this subsection. Preference for such office visits shall be given to healthcare providers with a large number of total patients or large number of patients receiving care through Federal health programs including the Medicare and Medicaid programs under titles XVIII and XIX of the Social Security Act. ``(C) To conduct office visits to healthcare providers who prescribe drugs. ``(D) To conduct other educational outreach activities with respect to healthcare providers who prescribe drugs, as approved by the Secretary. ``(E) To conduct an evaluation of the effectiveness of the program involved in changing prescribing behavior and improving the quality of medication use. ``(d) Regulations.--The Secretary shall promulgate such regulations as may be required to carry out this section, including regulations to prevent conflicts of interest, to ensure the accuracy and timeliness of the information in the educational materials, and to promote the effectiveness of the prescriber education and outreach program. ``(e) Evaluation.--The Secretary shall conduct an evaluation of the effectiveness of the educational materials and the prescriber education and outreach program under this section. ``(f) Authorization of Appropriations.--There is authorized to be appropriated, such sums as may be necessary to carry out this section.''.

Independent Drug Education and Outreach Act of 2008 - Amends the Public Health Service Act to require the Secretary of Health and Human Services, acting through the Director of the Agency for Healthcare Research and Quality, to award grants or contracts for: (1) the development and production of educational materials concerning the evidence available on the relative safety, effectiveness, and cost of prescription drugs, nonprescription drugs, and nondrug interventions for treating selected conditions, to be distributed and presented to health care providers who prescribe such drugs and their patients; and (2) the development and implementation of a program to appropriately train and deploy health professionals to distribute such materials to, and otherwise educate, physicians and other drug prescribers concerning such drugs and interventions. Requires that grantees receive no support from any entity that manufactures products used to treat the medical conditions discussed.

To amend the Public Health Service Act to provide grants or contracts for prescription drug education and outreach for healthcare providers and their patients.

SECTION 1. GRANTS FOR SCHOOL INFRASTRUCTURE IMPROVEMENT. The Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) is amended by adding at the end the following: ``TITLE X--SCHOOL INFRASTRUCTURE IMPROVEMENT ``SEC. 10001. FINDINGS. ``The Congress finds the following: ``(1) There are 52,700,000 students in 88,223 elementary and secondary schools across the United States. The current Federal expenditure for education infrastructure is $12,000,000. The Federal expenditure per enrolled student for education infrastructure is 23 cents. An appropriation of $22,000,000,000 would result in a Federal expenditure for education infrastructure of $417 per student per fiscal year. ``(2) The General Accounting Office in 1995 reported that the Nation's elementary and secondary schools need approximately $112,000,000,000 to repair or upgrade facilities. Increased enrollments and continued building decay has raised this need to an estimated $200,000,000,000. Local education agencies, particularly those in central cities or those with high minority populations, cannot obtain adequate financial resources to complete necessary repairs or construction. These local education agencies face an annual struggle to meet their operating budgets. ``(3) According to a 1991 survey conducted by the American Association of School Administrators, 74 percent of all public school buildings need to be replaced. Almost one-third of such buildings were built prior to World War II. ``(4) The majority of the schools in unsatisfactory condition are concentrated in central cities and serve large populations of poor or minority students. ``(5) In the large cities of America, numerous schools still have polluting coal burning furnaces. Decaying buildings threaten the health, safety, and learning opportunities of students. A growing body of research has linked student achievement and behavior to the physical building conditions and overcrowding. Asthma and other respiratory illnesses exist in above average rates in areas of coal burning pollution. ``(6) According to a study conducted by the General Accounting Office in 1995, most schools are unprepared in critical areas for the 21st century. Most schools do not fully use modern technology and lack access to the information superhighway. Schools in central cities and schools with minority populations above 50 percent are more likely to fall short of adequate technology elements and have a greater number of unsatisfactory environmental conditions than other schools. ``(7) School facilities such as libraries and science laboratories are inadequate in old buildings and have outdated equipment. Frequently, in overcrowded schools, these same facilities are utilized as classrooms for an expanding school population. ``(8) Overcrowded classrooms have a dire impact on learning. Students in overcrowded schools score lower on both mathematics and reading exams than do students in schools with adequate space. In addition, overcrowding in schools negatively affects both classroom activities and instructional techniques. Overcrowding also disrupts normal operating procedures, such as lunch periods beginning as early as 10 a.m. and extending into the afternoon; teachers being unable to use a single room for an entire day; too few lockers for students, and jammed hallways and restrooms which encourage disorder and rowdy behavior. ``(9) School modernization for information technology is an absolute necessity for education for a coming CyberCivilization. The General Accounting Office has reported that many schools are not using modern technology and many students do not have access to facilities that can support education into the 21st century. It is imperative that we now view computer literacy as basic as reading, writing, and arithmetic. ``(10) Both the national economy and national security require an investment in school construction. Students educated in modern, safe, and well-equipped schools will contribute to the continued strength of the American economy and will ensure that our Armed Forces are the best trained and best prepared in the world. The shortage of qualified information technology workers continues to escalate and presently many foreign workers are being recruited to staff jobs in America. Military manpower shortages of personnel capable of operating high tech equipment are already acute in the Navy and increasing in other branches of the Armed Forces. ``SEC. 10002. PURPOSE. The purpose of this title is to provide Federal funds to enable local educational agencies to finance the costs associated with the construction, repair, and modernization for information technology of school facilities within their jurisdictions. ``SEC. 10003. FEDERAL ASSISTANCE IN THE FORM OF GRANTS. ``(a) Authority and Conditions for Grants.-- ``(1) In general.--To assist in the construction, reconstruction, renovation, or modernization for information technology of elementary and secondary schools, the Secretary shall make grants of funds to State educational agencies for the construction, reconstruction, or renovation, or for modernization for information technology, of such schools. ``(2) Formula for allocation.--From the amount appropriated under section 10006 for any fiscal year, the Secretary shall allocate to each State an amount that bears the same ratio to such appropriated amount as the number of school-age children in such State bears to the total number of school-age children in all the States. The Secretary shall determine the number of school-age children on the basis of the most recent satisfactory data available to the Secretary. ``(b) Conditions for Receipt of Grants.-- ``(1) Applications.--In order to receive a grant under this title, a State shall submit to the Secretary an application containing or accompanied by such information and assurances as the Secretary may require. Such applications shall specify the method by which the State educational agency will allocate funds to local educational agencies and the procedures by which projects will be selected for funding. Such applications shall contain assurances that such funds will only be provided if the State educational agency finds that such constructions will be undertaken in an economical manner, and that any such construction, reconstruction, renovation, or modernization is not or will not be of elaborate or extravagant design or materials. ``(2) Priorities.--In approving projects for funding under this title, the State educational agency shall consider-- ``(A) the threat the condition of the physical plant poses to the safety and well-being of students; ``(B) the demonstrated need for the construction, reconstruction, renovation, or modernization as based on the condition of the facility; ``(C) the age of the facility to be renovated or replaced; ``(D) whether the facility is eligible to receive education technology assistance from the National Education Technology Funding Corporation under section 708 of the Telecommunications Act of 1996 (Public Law 104-104; 110 Stat. 157); and ``(E) the needs related to preparation for modern technology. ``(3) Charter schools.--In approving projects for funding under this title, the State educational agency shall ensure that a public charter school that constitutes a local educational agency under State law is eligible for assistance under the same terms and conditions as any other local educational agency. ``(c) Amount and Condition of Grants.--A grant to a local educational agency may be in an amount not exceeding the total cost of the facility construction, reconstruction, renovation, or modernization for information technology, as determined by the State educational agency. ``SEC. 10004. GENERAL PROVISIONS. ``The Secretary shall take such action as may be necessary to ensure that all laborers and mechanics employed by contractors or subcontractors on any project assisted under this title-- ``(1) shall be paid wages at rates not less than those prevailing on the same type of work on similar construction in the immediate locality as determined by the Secretary of Labor in accordance with the Act of March 31, 1931 (Davis-Bacon Act), as amended; and ``(2) shall be employed not more than 40 hours in any 1 week unless the employee receives wages for the employee's employment in excess of the hours specified in paragraph (1) at a rate not less than one and one-half times the regular rate at which the employee is employed; but the Secretary may waive the application of this subsection in cases or classes or cases where laborers or mechanics, not otherwise employed at any time in the construction of such project, voluntarily donate their services without full compensation for the purpose of lowering the costs of construction and the Secretary determines that any amounts saved thereby are fully credited to the educational institution undertaking the construction. ``SEC. 10005. DEFINITIONS. ``As used in this title: ``(1) School.--The term `school' means structures suitable for use as classrooms, laboratories, libraries, and related facilities, the primary purpose of which is the instruction of elementary and secondary school students. ``(2) State.--The term State includes the several States of the United States and the District of Columbia. ``SEC. 10006. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated to carry out this title, $3,000,000,000 for fiscal year 2003 and a sum no less than this amount for each of the 4 succeeding fiscal years.''.

Amends of the Elementary and Secondary Education Act of 1965 to establish a new title X, School Infrastructure Improvement. Directs the Secretary of Education to make grants to State educational agencies for elementary and secondary school construction, reconstruction, renovation, or modernization for information technology.Sets forth wage requirements for such projects, including Davis-Bacon Act compliance and overtime; but allows exceptions for certain workers who voluntarily donate their services without full compensation.

To amend the Elementary and Secondary Education Act of 1965 to provide grants to improve the infrastructure of elementary and secondary schools.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Code Talkers Recognition Act of 2008''. SEC. 2. PURPOSE. The purpose of this Act is to require the issuance of medals to express the sense of Congress that-- (1) the service of Native American code talkers to the United States deserves immediate recognition for dedication and valor; and (2) honoring Native American code talkers is long overdue. SEC. 3. FINDINGS. Congress finds that-- (1) when the United States entered World War I, Native Americans were not accorded the status of citizens of the United States; (2) without regard to that lack of citizenship, members of Indian tribes and nations enlisted in the Armed Forces to fight on behalf of the United States; (3) the first reported use of Native American code talkers was on October 17, 1918; (4)(A) during World War I, Choctaw code talkers were the first code talkers who played a role in United States military operations by transmitting vital communications that helped defeat German forces in Europe; (B) because the language used by the Choctaw code talkers in the transmission of information was not based on a European language or on a mathematical progression, the Germans were unable to understand any of the transmissions; (C) this was the first time in modern warfare that such a transmission of messages in a native language was used for the purpose of confusing an enemy; (5) on December 7, 1941, Japan attacked Pearl Harbor, Hawaii, and Congress declared war the following day; (6)(A) the Federal Government called on the Comanche Nation to support the military effort during World War II by recruiting and enlisting Comanche men to serve in the Army to develop a secret code based on the Comanche language; (B) the Army recruited approximately 50 Native Americans for special native language communication assignments; and (C) the Marines recruited several hundred Navajos for duty in the Pacific region; (7)(A) during World War II, the United States employed Native American code talkers who developed secret means of communication based on native languages and were critical to winning the war; and (B) to the frustration of the enemies of the United States, the code developed by the Native American code talkers proved to be unbreakable and was used extensively throughout the European theater; (8) in 2001, Congress and President Bush honored Navajo code talkers with congressional gold medals for the contributions of the code talkers to the United States Armed Forces as radio operators during World War II; (9) soldiers from the Assiniboine, Cherokee, Cheyenne, Chippewa/Oneida, Choctaw, Comanche, Cree, Crow, Hopi, Kiowa, Menominee, Meskwaki, Mississauga, Muscogee, Osage, Pawnee, Sac and Fox, Seminole, and Sioux (Lakota and Dakota) Indian tribes and nations also served as code talkers during World War II; (10) the heroic and dramatic contributions of Native American code talkers were instrumental in driving back Axis forces across the Pacific during World War II; and (11) Congress should provide to all Native American code talkers the recognition the code talkers deserve for the contributions of the code talkers to United States victories in World War I and World War II. SEC. 4. DEFINITIONS. In this Act: (1) Code talker.--The term ``code talker'' means a Native American who-- (A) served in the Armed Forces during a foreign conflict in which the United States was involved; and (B) during the term of service of the Native American, participated in communication using a native language. (2) Recognized tribe.--The term ``recognized tribe'' means any of the following Indian tribes (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b)): (A) Assiniboine. (B) Chippewa and Oneida. (C) Choctaw. (D) Comanche. (E) Cree. (F) Crow. (G) Hopi. (H) Kiowa. (I) Menominee. (J) Mississauga. (K) Muscogee. (L) Sac and Fox. (M) Sioux. (3) Secretary.--The term ``Secretary'' means the Secretary of the Treasury. SEC. 5. CONGRESSIONAL GOLD MEDALS. (a) Award Authorization.--The Speaker of the House of Representatives and the President pro tempore of the Senate shall make appropriate arrangements for the award, on behalf of Congress, of gold medals of appropriate design in recognition of the service of Native American code talkers of each recognized tribe. (b) Design and Striking.-- (1) In general.--The Secretary shall strike the gold medals awarded under subsection (a) with appropriate emblems, devices, and inscriptions, as determined by the Secretary. (2) Designs of medals emblematic of tribal affiliation and participation.--The design of a gold medal under paragraph (1) shall be emblematic of the participation of the code talkers of each recognized tribe. (3) Treatment.--Each medal struck pursuant to this subsection shall be considered to be a national medal for purposes of chapter 51 of title 31, United States Code. (c) Action by Smithsonian Institution.--The Smithsonian Institution-- (1) shall accept and maintain such gold medals, and such silver duplicates of those medals, as recognized tribes elect to send to the Smithsonian Institution; (2) shall maintain the list developed under section 6(1) of the names of Native American code talkers of each recognized tribe; and (3) is encouraged to create a standing exhibit for Native American code talkers or Native American veterans. SEC. 6. NATIVE AMERICAN CODE TALKERS. The Secretary, in consultation with the Secretary of Defense and the recognized tribes, shall-- (1)(A) determine the identity, to the maximum extent practicable, of each Native American code talker of each recognized tribe; (B) include the name of each Native American code talker identified under subparagraph (A) on a list, to be organized by recognized tribe; and (C) provide the list, and any updates to the list, to the Smithsonian Institution for maintenance under section 5(c)(2); and (2) determine whether any Indian tribe that is not a recognized tribe should be eligible to receive a gold medal under this Act. SEC. 7. DUPLICATE MEDALS. (a) Silver Duplicate Medals.-- (1) In general.--The Secretary shall strike duplicates in silver of the gold medals struck under section 5(b), to be awarded in accordance with paragraph (2). (2) Eligibility for award.-- (A) In general.--A Native American shall be eligible to be awarded a silver duplicate medal struck under paragraph (1) in recognition of the service of Native American code talkers of the recognized tribe of the Native American, if the Native American served in the Armed Forces as a code talker in any foreign conflict in which the United States was involved during the 20th century. (B) Death of code talker.--In the event of the death of a Native American code talker who had not been awarded a silver duplicate medal under this subsection, the Secretary may award a silver duplicate medal to the next of kin or other personal representative of the Native American code talker. (C) Determination.--Eligibility for an award under this subsection shall be determined by the Secretary in accordance with section 6. (b) Bronze Duplicate Medals.--The Secretary may strike and sell duplicates in bronze of the gold medals struck under section 5(b), in accordance with such regulations as the Secretary may prescribe, at a price sufficient to cover-- (1) the costs of striking the bronze duplicates, including labor, materials, dyes, use of machinery, and overhead expenses; and (2) the costs of striking the silver duplicate and gold medals under subsection (a) and section 5(b), respectively. SEC. 8. 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 are necessary to pay for the cost of the medals struck pursuant to this Act. (b) Proceeds of Sale.--Amounts received from the sale of duplicate bronze medals authorized under section 7(b) shall be deposited into the United States Mint Public Enterprise Fund.

Code Talkers Recognition Act of 2008 - Directs the Speaker of the House of Representatives and the President pro tempore of the Senate to arrange for the award of gold medals in recognition of the service of Native American code talkers of specified Indian tribes. Defines "code talker" as a Native American who served in the Armed Forces during a foreign conflict and who participated in miliatary communications using a native language. Requires the Secretary of the Treasury, in consultation with the Secretary of Defense and Indian tribes, to identify Native American code talkers eligible for a gold medal.

A bill to require the issuance of medals to recognize the dedication and valor of Native American code talkers.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Parent-Child Privilege Act of 1998''. SEC. 2. PARENT-CHILD PRIVILEGE. (a) In General.--Article V of the Federal Rules of Evidence is amended by adding at the end the following: ``Rule 502. Parent-Child Privilege ``(a) Definitions.--For purposes of this rule, the following definitions apply: ``(1) The term `child' means the son, daughter, stepchild, or foster child of a parent or the ward of a legal guardian or of any other person who serves as the child's parent. A person who meets this definition is a child for purposes of this rule, irrespective of whether or not that person has attained the age of majority in place in which the that person resides. ``(2) The term `confidential communication' means a communication between a parent and the parent's child, made privately or solely in the presence of other members of the child's family or an attorney, physician, psychologist, psychotherapist, social worker, clergy member, or other third party who has a confidential relationship with the parent or the child, which is not intended for further disclosure except to other members of the child's family or household or to other persons in furtherance of the purposes of the communication. ``(3) The term `parent' means a birth parent, adoptive parent, stepparent, foster parent, or legal guardian of a child, or any other person that a court has recognized as having acquired the right to act as a parent of that child. ``(b) Adverse Testimonial Privilege.--In any civil or criminal proceeding governed by these rules, and subject to the exceptions set forth in subdivision (d) of this rule-- ``(1) a parent shall not be compelled to give testimony as a witness adverse to a person who is, at the time of the proceeding, a child of that parent; and ``(2) a child shall not be compelled to give testimony as a witness adverse to a person who is, at the time of the proceeding, a parent of that child; unless the parent or child who is the witness voluntarily and knowingly waives the privilege to refrain from giving such adverse testimony. ``(c) Confidential Communications Privilege.--(1) In any civil or criminal proceeding governed by these rules, and subject to the exceptions set forth in subdivision (d) of this rule-- ``(A) a parent shall not be compelled to divulge any confidential communication made between that parent and the child during the course of their parent-child relationship; and ``(B) a child shall not be compelled to divulge any confidential communication made between that child and the parent during the course of their parent-child relationship; unless both the child and the parent or parents of the child who are privy to the confidential communication voluntarily and knowingly waive the privilege against the disclosure of the communication in the proceeding. ``(2) The privilege set forth in this subdivision applies even if, at the time of the proceeding, the parent or child who made or received the confidential communication is deceased or the parent-child relationship has terminated. ``(d) Exceptions.--The privileges set forth in subdivisions (c) and (d) of this rule shall be inapplicable and unenforceable-- ``(1) in any civil action or proceeding by the child against the parent, or the parent against the child; ``(2) in any civil action or proceeding in which the child's parents are opposing parties; ``(3) in any civil action or proceeding contesting the estate of the child or of the child's parent; ``(4) in any action or proceeding in which the custody, dependency, deprivation, abandonment, support or nonsupport, abuse, or neglect of the child, or the termination of parental rights with respect to the child, is at issue; ``(5) in any action or proceeding to commit the child or a parent of the child because of alleged mental or physical incapacity; ``(6) in any action or proceeding to place the person or the property of the child or of a parent of the child in the custody or control of another because of alleged mental or physical capacity; and ``(7) in any criminal or juvenile action or proceeding in which the child or a parent of the child is charged with an offense against the person or the property of the child, a parent of the child or any member of the family or household of the parent or the child. ``(e) Appointment of a Representative for a Child Below the Age of Majority.--When a child who appears to be the subject of a privilege set forth in subdivision (b) or (c) of this rule is below the age of majority at the time of the proceeding in which the privilege is or could be asserted, the court may appoint a guardian, attorney, or other legal representative to represent the child's interests with respect to the privilege. If it is in furtherance of the child's best interests, the child's representative may waive the privilege under subdivision (b) or consent on behalf of the child to the waiver of the privilege under subdivision (c). ``(f) Non-Effect of this Rule on Other Evidentiary Privileges.-- This rule shall not affect the applicability or enforceability of other recognized evidentiary privileges that, pursuant to rule 501, may be applicable and enforceable in any proceeding governed by these rules.''. (b) Clerical Amendment.--The table of contents for the Federal Rules of Evidence is amended by adding at the end the following new item: ``Rule 501. Parent-child privilege.''. (c) Effect of Amendments.--The amendments made by this Act shall apply with respect to communications made before, on, or after the date of the enactment of this Act.

Parent-Child Privilege Act of 1998 - Amends the Federal Rules of Evidence to provide that, in a civil or criminal proceeding, a parent shall not be compelled to testify against his or her child, and a child shall not be compelled to testify against his or her parent, unless the parent or child who is the witness voluntarily and knowingly waives the privilege to refrain from giving such adverse testimony. Provides that a parent shall not be compelled to divulge any confidential communication with his or her child during the course of their parent-child relationship, and a child shall not be compelled to divulge any confidential communication with his or her parent during the course of such relationship, unless both the child and the parent or parents who are privy to the confidential communication voluntarily and knowingly waive the privilege against the disclosure of the communication. Makes the privilege applicable even if, at the time of the proceeding, the parent or child who made or received the confidential communication is deceased or the parent-child relationship has terminated. Sets forth exceptions to the privilege, such as in civil actions by the child against the parent, or by the parent against the child, or in any action in which the custody, abuse, or neglect of the child, or the termination of parental rights with respect to the child, is at issue. Authorizes the court to appoint a guardian, attorney, or other legal representative to represent the child's interests with respect to the privilege when a child who appears to be the subject of the privilege is below the age of majority at the time of the proceeding.

Parent-Child Privilege Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Government Decentralization Commission Act''. SEC. 2. ESTABLISHMENT. There is established in the General Services Administration a commission to be known as the ``Federal Government Decentralization Commission'' (in this Act referred to as the ``Commission''). SEC. 3. DUTIES OF COMMISSION. The Commission shall-- (1) study the relocation of executive agencies or divisions of executive agencies outside the Washington metropolitan area; and (2) submit to Congress a plan for the relocation of recommended agencies or divisions. SEC. 4. MEMBERSHIP. (a) Number and Appointment.--The Commission shall be composed of the Administrator of General Services (or a designee) and 10 other members, appointed as follows: (1) Two members shall be appointed by the majority leader of the Senate. (2) Two members shall be appointed by the Speaker of the House of Representatives. (3) Two members shall be appointed by the minority leader of the Senate. (4) Two members shall be appointed by the minority leader of the House of Representative. (5) Two members shall be appointed by the Administrator of the General Service Administration. (b) Deadline for Initial Appointment.--The initial members of the Commission shall be appointed not later 90 days after the date of the enactment of this Act. (c) Vacancies.--A vacancy in the Commission-- (1) shall not affect the powers of the Commission; and (2) shall be filled in the same manner as the original appointment was made. (d) Compensation.--Each member of the Commission shall serve without pay. (e) Travel Expenses.--Each member of the Commission shall be allowed a per diem allowance for travel expenses, at rates consistent with those authorized under subchapter I of chapter 57 of title 5, United States Code. (f) Chairperson.--The Chairperson of the Commission shall be the Administrator of General Services (or a designee). SEC. 5. ADMINISTRATIVE SUPPORT AND STAFF PROVIDED BY THE GENERAL SERVICES ADMINISTRATION. Administrative and support staff for the Commission shall be provided by the General Services Administration. SEC. 6. SUBMISSION OF PLAN TO CONGRESS. (a) In General.--Not later than September 30, 2019, the Commission shall develop and submit to Congress a plan for the relocation of executive agencies or divisions of executive agencies outside the Washington metropolitan area. (b) Requirements for Plan.--The plan shall include the following: (1) An identification of new locations for executive agencies or divisions of executive agencies outside the Washington metropolitan area, which shall be prioritized-- (A) by relocation to a low-income community; or (B) by relocation to areas with expertise in the mission and goal of the executive agency or division. (2) A consideration of national security implications of the relocation. (3) An economic and workforce development study on how the relocation of an executive agency or division would impact the new location. (4) A list of potential site acquisitions and partial prospectus for executive agencies or divisions of executive agencies, which shall include-- (A) a brief description of the building to be constructed, altered, or leased; (B) the location of the building; and (C) an estimate of the maximum cost of the acquisition and the relocation. SEC. 7. DEFINITIONS. In this Act: (1) Executive agency.--The term ``executive agency'' has the meaning given the term ``Executive agency'' in section 105 of title 5, United States Code, except that the term does not include the Executive Office of the President. (2) Low-income community.--The term ``low-income community'' has the meaning given that term in section 45D(e) of the Internal Revenue Code of 1986 (26 U.S.C. 45D(e). (3) Washington metropolitan area.--The term ``Washington metropolitan area'' means the geographic area located within the boundaries of-- (A) the District of Columbia; (B) Montgomery and Prince George's Counties in the State of Maryland; and (C) Arlington, Fairfax, Loudon, and Prince William Counties and the City of Alexandria in the Commonwealth of Virginia. SEC. 8. TERMINATION. The Commission shall terminate 30 days after the submission of the plan under section 6. SEC. 9. FUNDING. No new appropriations may be obligated to carry out this Act.

Federal Government Decentralization Commission Act This bill establishes in the General Services Administration the Federal Government Decentralization Commission to study and submit a plan for the relocation of executive agencies or divisions of executive agencies outside the Washington metropolitan area. The plan shall include: an identification of such new locations, prioritized by relocation to low-income communities or to areas with expertise in the mission and goal of the agency or division; a consideration of national security implications; an economic and workforce development study on how the relocation would impact the new location; and a list of potential site acquisitions and a partial prospectus for such agencies or divisions, including a brief description of the building to be constructed, altered, or leased, the location of the building, and an estimate of the maximum cost of the acquisition and the relocation.

Federal Government Decentralization Commission Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Methamphetamine Precursor Control Act of 2005''. SEC. 2. RESTRICTIONS ON IMPORTATION. (a) In General.--Section 1002(a) of the Controlled Substances Import and Export Act (21 U.S.C. 952(a)) is amended-- (1) in the matter preceding paragraph (1), by inserting ``or ephedrine, pseudoephedrine, or phenylpropanolamine,'' after ``schedule III, IV, or V of title II,''; and (2) in paragraph (1), by inserting ``, and of ephedrine, pseudoephedrine, and phenylpropanolamine,'' after ``coca leaves''. (b) Information on Foreign Chain of Distribution; Import Restrictions Regarding Failure of Distributors to Cooperate.--Section 1018 of the Controlled Substances Import and Export Act (21 U.S.C. 971) is amended by adding at the end the following subsection: ``(f)(1) With respect to a registered person importing ephedrine, pseudoephedrine, or phenylpropanolamine (referred to in this section as an `importer'), a notice of importation under subsection (a) or (b) shall include all information known to the importer on the chain of distribution of such chemical from the manufacturer to the importer. ``(2) For the purpose of preventing or responding to the diversion of ephedrine, pseudoephedrine, or phenylpropanolamine for use in the illicit production of methamphetamine, the Attorney General may, in the case of any person who is a manufacturer or distributor of such chemical in the chain of distribution referred to in paragraph (1) (referred to in this subsection as a `foreign-chain distributor'), request that such distributor provide to the Attorney General information known to the distributor on the distribution of the chemical, including sales. ``(3) If the Attorney General determines that a foreign-chain distributor is refusing to cooperate with the Attorney General in obtaining the information referred to in paragraph (2), the Attorney General may, in accordance with procedures that apply under subsection (c), issue an order prohibiting the importation of ephedrine, pseudoephedrine, or phenylpropanolamine in any case in which such distributor is part of the chain of distribution for such chemical. Not later than 60 days prior to issuing the order, the Attorney General shall publish in the Federal Register a notice of intent to issue the order. During such 60-day period, imports of the chemical with respect to such distributor may not be restricted under this paragraph.''. SEC. 3. METHWATCH PROGRAM; INFORMATION FOR PERSONS SELLING AT RETAIL. (a) In General.--The Attorney General, acting through the Administrator of the Drug Enforcement Administration and in consultation with the States, shall carry out a program to provide information to retailers regarding the purchase of precursor products by individuals who may intend to use the products in the illicit production of methamphetamine. (b) Certain Requirements.--The activities of the Attorney General in carrying out the program under subsection (a) shall include the following: (1) Providing information to retailers on preventing the sale of precursor products to individuals referred to in such subsection and on preventing the theft of the products by such individuals. (2) Establishing a system through which retailers can report suspicious purchases of precursor products and obtain appropriate technical assistance. The system shall use an Internet site (or portion thereof), or toll-free telephone communications, or both, as determined appropriate by the Attorney General. (3) Encouraging retailers to place precursor products such that customers do not have direct access to the products (commonly known as behind the counter). (c) Designation of Program.--The program under subsection (a) shall be designated by the Attorney General as the MethWatch program. (d) Definitions.--For purposes of this section: (1) The term ``retailers'' means persons whose registrations pursuant to section 303(h) of the Controlled Substances Act authorize sales of ephedrine, pseudoephedrine, or phenylpropanolamine at retail. (2) The term ``precursor products'' means products containing ephedrine, pseudoephedrine, or phenylpropanolamine. SEC. 4. REVOCATION OF REGISTRATION. (a) Controlled Substances Act.-- (1) Number of notices regarding violations.--Section 304 of the Controlled Substances Act (21 U.S.C. 824) is amended by adding at the end the following subsection: ``(h) In the case of a person whose registration pursuant to section 303(h) includes authority regarding ephedrine, pseudoephedrine, or phenylpropanolamine, if such person has received four written notifications from the Attorney General that the Attorney General considers the person to be in violation of this Act with respect to such a chemical, each of which notices involves a separate violation, the Attorney General shall in accordance with procedures under this section commence proceedings to revoke such authority of the person.''. (2) Standard regarding convictions.--The Controlled Substances Act (21 U.S.C. 801 et seq.) is amended-- (A) in section 303(f)(3), by striking ``laws relating to'' and all that follows and inserting ``laws.''; and (B) in section 304(a)(2), by striking ``or of any State, relating to'' and all that follows and inserting ``or of any State;''. (b) Controlled Substances Import and Export Act; Number of Notices Regarding Violations.--Section 1008(c)(2) of the Controlled Substances Act (21 U.S.C. 824(c)(2)) is amended by adding at the end the following subparagraph: ``(C) In the case of a person whose registration pursuant to subparagraph (A) includes authority regarding the importation of ephedrine, pseudoephedrine, or phenylpropanolamine, if such person has received four written notifications from the Attorney General that the Attorney General considers the person to be in violation of this Act with respect to such a chemical, each of which notices involves a separate violation, the Attorney General shall in accordance with procedures under this section commence proceedings to revoke such authority of the person.''. SEC. 5. RESTRICTIONS ON SALES OF EPHEDRINE AND PSEUDOEPHEDRINE. The Controlled Substances Act (21 U.S.C. 801 et seq.) is amended-- (1) in section 303, by adding at the end the following subsection: ``(i) A registration under subsection (h) that includes authority for the sale of ephedrine or pseudoephedrine at retail shall provide that the registration does not permit such a sale in which a quantity of such chemical in excess of 9.0 grams is sold in a single transaction.''; and (2) in section 402(a)-- (A) in paragraph (10), by striking ``or'' after the semicolon at the end; (B) in paragraph (11), by striking the period at the end and inserting a ``; or'' and (C) by adding at the end the following paragraph: ``(12) who is a registrant with a registration referred to in section 303(i)-- ``(A) to sell ephedrine or pseudoephedrine at retail in a single transaction in a quantity not authorized by the registration; or ``(B) to sell pseudoephedrine at retail in circumstances in which such chemical is mailed or shipped directly to the purchaser rather than the purchaser taking possession of the chemical through a face-to-face transaction with the registrant.''. SEC. 6. RESTRICTIONS ON POSSESSION OF PSEUDOEPHEDRINE. Section 404(a) of the Controlled Substances Act (21 U.S.C. 844(a)) is amended by inserting after the second sentence the following: ``It shall be unlawful for any person knowingly or intentionally to possess pseudoephedrine in a quantity exceeding 24.0 grams unless such person has been issued a registration pursuant to section 303(h) that includes authority regarding such chemical or unless the chemical is possessed by the person for a legitimate medical purpose.'' SEC. 7. ADDITIONAL FUNDING FOR RESEARCH ON MEDICAL ALTERNATIVES TO PSEUDOEPHEDRINE. For the purpose of conducting and supporting research through the National Institutes of Health toward developing one or more drugs to serve as medical alternatives to the use of pseudoephedrine, there are authorized to be appropriated such sums as may be necessary for fiscal year 2006 and subsequent fiscal years. Such authorization is in addition to other authorizations of appropriations that are available for such purpose. SEC. 8. REPORTS. (a) Annual Report.--The Attorney General, acting through the Administrator of the Drug Enforcement Administration, shall annually submit to the Congress a report on the progress being made toward the goal of preventing precursor products (as defined in section 3) from being used in the illicit production of methamphetamine. Each such report may include any recommendations of the Attorney General for modifications to legislative or administrative authorities regarding such products. (b) Additional Reports.--Not later than one year after the date of the enactment of this Act, the Attorney General, acting through the Administrator of the Drug Enforcement Administration, shall submit to the Congress a report providing the following: (1) An evaluation of the effectiveness of programs of the States to prevent precursor products from being used in the illicit production of methamphetamine, including the program carried out by the State of Oregon to maintain a data base of transactions in such products. (2) An evaluation of whether Federal programs similar to any of such State programs should be established. (3) With respect to foreign countries in which significant amounts of precursor products are manufactured, an evaluation of whether such countries have appropriate statutes and regulations to prevent the products from being so used.

Methamphetamine Precursor Control Act of 2005 - Amends the Controlled Substances Import and Export Act to place limitations on the importation of ephedrine, pseudoephedrine, or phenylpropanolamine. Authorizes the Attorney General to: (1) request a distributor of a chemical in the chain of distribution to provide information on such distribution, including sales; and (2) issue an order, upon determining that a foreign-chain distributor is refusing to cooperate, prohibiting the importation of such substances. Directs the Attorney General, acting through the Administrator of the Drug Enforcement Administration, to carry out a MethWatch program to provide information to retailers regarding the purchase of precursor products by individuals who may intend to use them in illicit methamphetamine production. Amends the Controlled Substances Act to require the Attorney General to revoke the authority of a person whose registration includes authority regarding ephedrine, pseudoephedrine, or phenylpropanolamine, if such person has received four written notifications that the Attorney General considers the person to be in violation of the Act. Requires a registration that includes authority for the sale of ephedrine or pseudoephedrine at retail to provide that the registration does not permit such a sale in which more than nine grams is sold in a single transaction. Prohibits knowingly or intentionally possessing more than 24 grams of pseudoephedrine unless specified conditions apply, such as the chemical is possessed for a legitimate medical purpose. Authorizes additional funding to support research through the National Institutes of Health toward developing drug alternatives to pseudoephedrine.

To amend the Controlled Substances Act with respect to the distribution of pseudoephedrine, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Shareholder Protection Act of 2017''. SEC. 2. FINDINGS. Congress finds that-- (1) corporations make significant political contributions and expenditures that directly or indirectly influence the election of candidates and support or oppose political causes; (2) decisions to use corporate funds for political contributions and expenditures are usually made by corporate boards and executives, rather than shareholders; (3) corporations, acting through boards and executives, are obligated to conduct business for the best interests of their owners, the shareholders; (4) historically, shareholders have not had a way to know, or to influence, the political activities of corporations they own; (5) shareholders and the public have a right to know how corporate managers are spending company funds to make political contributions and expenditures benefitting candidates, political parties, and political causes; (6) corporations should be accountable to shareholders in making political contributions or expenditures affecting Federal governance and public policy; and (7) requiring a corporation to obtain the express approval of shareholders prior to making political contributions or expenditures will establish necessary accountability. SEC. 3. SHAREHOLDER APPROVAL OF CORPORATE POLITICAL ACTIVITY. The Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.) is amended by inserting after section 14B (15 U.S.C. 78n-2) the following: ``SEC. 14C. SHAREHOLDER APPROVAL OF CERTAIN POLITICAL EXPENDITURES AND DISCLOSURE OF VOTES OF INSTITUTIONAL INVESTORS. ``(a) Definitions.--In this section-- ``(1) the term `expenditure for political activities'-- ``(A) means-- ``(i) an independent expenditure (as defined in section 301(17) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30101(17))); ``(ii) an electioneering communication (as defined in section 304(f)(3) of that Act (52 U.S.C. 30104(f)(3))) and any other public communication (as defined in section 301(22) of that Act (52 U.S.C. 30101(22))) that would be an electioneering communication if it were a broadcast, cable, or satellite communication; or ``(iii) dues or other payments to trade associations or organizations described in section 501(c) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of that Code that are, or could reasonably be anticipated to be, used or transferred to another association or organization for the purposes described in clauses (i) or (ii); and ``(B) does not include-- ``(i) direct lobbying efforts through registered lobbyists employed or hired by the issuer; ``(ii) communications by an issuer to its shareholders and executive or administrative personnel and their families; or ``(iii) the establishment and administration of contributions to a separate segregated fund to be utilized for political purposes by a corporation; and ``(2) the term `issuer' does not include an investment company registered under section 8 of the Investment Company Act of 1940 (15 U.S.C. 80a-8). ``(b) Shareholder Authorization for Political Expenditures.--Each solicitation of proxy, consent, or authorization by an issuer with a class of equity securities registered under section 12 of this title shall-- ``(1) contain-- ``(A) a description of the specific nature of any expenditure for political activities proposed to be made by the issuer for the forthcoming fiscal year that has not been authorized by a vote of the shareholders of the issuer, to the extent the specific nature is known to the issuer; and ``(B) the total amount of expenditures for political activities proposed to be made by the issuer for the forthcoming fiscal year; and ``(2) provide for a separate vote of the shareholders of the issuer to authorize such expenditures for political activities in the total amount described in paragraph (1). ``(c) Vote Required To Make Expenditures.--No issuer shall make an expenditure for political activities in any fiscal year unless such expenditure-- ``(1) is of the nature of those proposed by the issuer in subsection (b)(1); and ``(2) has been authorized by a vote of the majority of the outstanding shares of the issuer in accordance with subsection (b)(2). ``(d) Fiduciary Duty; Liability.-- ``(1) Fiduciary duty.--A violation of subsection (c) shall be considered a breach of a fiduciary duty of the officers and directors who authorized the expenditure for political activities. ``(2) Liability.--An officer or director of an issuer who authorizes an expenditure for political activities in violation of subsection (c) shall be jointly and severally liable in any action brought in a court of competent jurisdiction to any person or class of persons who held shares at the time the expenditure for political activities was made for an amount equal to 3 times the amount of the expenditure for political activities. ``(e) Disclosure of Votes.-- ``(1) Disclosure required.--Each institutional investment manager subject to section 13(f) shall disclose not less frequently than annually how the institutional investment manager voted on any shareholder vote under subsection (a), unless the vote is otherwise required by rule of the Commission to be reported publicly. ``(2) Rules.--Not later than 6 months after the date of enactment of this section, the Commission shall issue rules to carry out this subsection that require that a disclosure required under paragraph (1)-- ``(A) be made not later than 30 days after a vote described in paragraph (1); and ``(B) be made available to the public through the EDGAR system as soon as practicable. ``(f) Safe Harbor for Certain Divestment Decisions.-- Notwithstanding any other provision of Federal or State law, if an institutional investment manager makes the disclosures required under subsection (e), no person may bring any civil, criminal, or administrative action against the institutional investment manager, or any employee, officer, or director thereof, based solely upon a decision of the investment manager to divest from, or not to invest in, securities of an issuer due to an expenditure for political activities made by the issuer.''. SEC. 4. REQUIRED BOARD VOTE ON CORPORATE EXPENDITURES FOR POLITICAL ACTIVITIES. The Securities Exchange Act of 1934 (15 U.S.C. 78 et seq.) is amended by adding after section 16 (15 U.S.C. 78p) the following: ``SEC. 16A. REQUIRED BOARD VOTE ON CORPORATE EXPENDITURES FOR POLITICAL ACTIVITIES. ``(a) Definitions.--In this section, the terms `expenditure for political activities' and `issuer' have the meaning given the terms in section 14C. ``(b) Listing on Exchanges.--Not later than 180 days after the date of enactment of this section, the Commission shall, by rule, direct the national securities exchanges and national securities associations to prohibit the listing of any class of equity security of an issuer that is not in compliance with the requirements of any portion of subsection (c). ``(c) Requirement for Vote in Corporate Bylaws.-- ``(1) Vote required.--The bylaws of an issuer shall expressly provide for a vote of the board of directors of the issuer on-- ``(A) any expenditure for political activities in excess of $50,000; and ``(B) any expenditure for political activities that would result in the total amount spent by the issuer for a particular election (as defined in section 301(1) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30101(1))) in excess of $50,000. ``(2) Public availability.--An issuer shall make the votes of each member of the board of directors for a vote required under paragraph (1) publicly available not later than 48 hours after the vote, including in a clear and conspicuous location on the Internet website of the issuer. ``(d) No Effect on Determination of Coordination With Candidates or Campaigns.--For purposes of the Federal Election Campaign Act of 1971 (52 U.S.C. 30101 et seq.), an expenditure for political activities by an issuer shall not be treated as made in concert or cooperation with, or at the request or suggestion of, any candidate or committee solely because a member of the board of directors of the issuer voted on the expenditure as required under this section.''. SEC. 5. REPORTING REQUIREMENTS. Section 13 of the Securities Exchange Act of 1934 (15 U.S.C. 78m) is amended by adding at the end the following: ``(s) Reporting Requirements Relating to Certain Political Expenditures.-- ``(1) Definitions.--In this subsection, the terms `expenditure for political activities' and `issuer' have the same meaning as in section 14C. ``(2) Quarterly reports.-- ``(A) Reports required.--Not later than 180 days after the date of enactment of this subsection, the Commission shall amend the reporting rules under this section to require each issuer with a class of equity securities registered under section 12 of this title to submit to the Commission and the shareholders of the issuer a quarterly report containing-- ``(i) a description of any expenditure for political activities made during the preceding quarter; ``(ii) the date of each expenditure for political activities; ``(iii) the amount of each expenditure for political activities; ``(iv) the votes of each member of the board of directors authorizing the expenditure for political activity, as required under section 16A(c); ``(v) if the expenditure for political activities was made in support of or opposed to a candidate, the name of the candidate and the office sought by, and the political party affiliation of, the candidate; and ``(vi) the name or identity of trade associations or organizations described in section 501(c) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code which receive dues or other payments as described in section 14C(a)(1)(A)(iii). ``(B) Public availability.--The Commission shall ensure that, to the greatest extent practicable, the quarterly reports required under this paragraph are publicly available through the Internet website of the Commission and through the EDGAR system in a manner that is searchable, sortable, and downloadable, consistent with the requirements under section 24. ``(3) Annual reports.--Not later than 180 days after the date of enactment of this subsection, the Commission shall, by rule, require each issuer to include in the annual report of the issuer to shareholders a summary of each expenditure for political activities made during the preceding year in excess of $10,000, and each expenditure for political activities for a particular election if the total amount of such expenditures for that election is in excess of $10,000.''. SEC. 6. REPORTS. (a) Securities and Exchange Commission.--The Securities and Exchange Commission shall-- (1) conduct an annual assessment of the compliance of issuers and officers and members of the boards of directors of issuers with sections 13(s), 14C, and 16A of the Securities Exchange Act, as added by this Act; and (2) submit to Congress an annual report containing the results of the assessment under paragraph (1). (b) Government Accountability Office.--The Comptroller General of the United States shall periodically evaluate and report to Congress on the effectiveness of the oversight by the Securities and Exchange Commission of the reporting and disclosure requirements under sections 13(s), 14C, and 16A of the Securities Exchange Act, as added by this Act. SEC. 7. SEVERABILITY. If any provision of this Act, an amendment made by this Act, or the application of such provision or amendment to any person or circumstance is held to be unconstitutional, the remainder of this Act, the amendments made by this Act, and the application of such provision or amendment to any person or circumstance shall not be affected thereby.

Shareholder Protection Act of 2017 This bill amends the Securities Exchange Act of 1934 to require shareholder authorization with respect to certain political expenditures by an issuer. A violation of this requirement shall be considered a breach of fiduciary duty, and the officers and directors who authorized the expenditure shall be subject to joint and several liability. The Securities and Exchange Commission must direct the national securities exchanges and associations to prohibit the listing of any equity security of an issuer whose corporate bylaws do not require a board vote with respect to political expenditures in excess of $50,000. An issuer must, within 48 hours, make publicly available the individual votes of each board member with respect to such expenditures. The bill establishes various reporting requirements.

Shareholder Protection Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Tuition Account Assistance Act of 1995''. SEC. 2. TREATMENT OF PARTICIPATION IN STATE PREPAID TUITION PROGRAM. (a) In General.--Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to items specifically excluded from gross income) is amended by redesignating section 137 as section 138 and by inserting after section 136 the following new section: ``SEC. 137. TREATMENT OF PARTICIPATION IN STATE PREPAID TUITION PROGRAM. ``(a) General Rule.--No amount shall be includible in the gross income of any person by reason of-- ``(1) education furnished to a designated beneficiary pursuant to a qualified State prepaid tuition program, or ``(2) earnings on any amount paid to such a program for the purchase of tuition credits for a designated beneficiary. ``(b) Qualified State Prepaid Tuition Program.--For purposes of this section-- ``(1) In general.--The term `qualified State prepaid tuition program' means a program established and maintained by a State or any agency thereof under which-- ``(A) an individual may purchase tuition credits for tuition for the undergraduate education of a designated beneficiary, ``(B) the value of the tuition credits is not limited to the amounts paid for such credits and earnings thereon, ``(C) the individual has no authority to direct the investment of amounts paid to the program, and ``(D) the requirements of paragraph (3) are met with respect to any refund of amounts paid to the program. Subparagraph (B) shall not apply to tuition at an institution of higher education which is not required by the laws of such State to participate in such program. ``(2) Treatment of excess tuition credits.--A program shall not fail to be treated as a qualified State prepaid tuition program by reason of permitting tuition credits to be used other than for tuition for an undergraduate education if-- ``(A) the only other purposes for which such credits may be used are-- ``(i) for tuition for a graduate degree program of the designated beneficiary, or ``(ii) for education expenses (other than tuition) of such beneficiary, and ``(B) the program provides a significant reduction in the value of such credits if used for such other purposes. ``(3) Restrictions on refunds.--A refund meets the requirements of this paragraph if the refund meets the requirements of any of the following subparagraphs. ``(A) Death or disability of designated beneficiary.--A refund meets the requirements of this subparagraph if the refund is made on account of the death or disability of the designated beneficiary. ``(B) Scholarships.--A refund meets the requirements of this subparagraph if the refund is made on account of a scholarship received by the designated beneficiary and the amount of the refund does not exceed the amount of the scholarship which is used for tuition. ``(C) Failure to gain admission.--A refund meets the requirements of this subparagraph if the refund is made on account of the failure of the designated beneficiary to gain admission to an institution of higher education (after making a good faith attempt, as determined by the program, to gain admission) and the amount of the refund does not exceed 90 percent of the value of the designated beneficiary's account. ``(D) Other withdrawals from participation.--A refund meets the requirements of this subparagraph if the refund is made on account of a termination of participation in the qualified State prepaid tuition program (other than for a reason described in any of the preceding subparagraphs) and the amount of the refund does not exceed the lesser of-- ``(i) 90 percent of the value of the designated beneficiary's account, or ``(ii) the aggregate amount paid to such program for the benefit of the designated beneficiary. ``(c) Other Definitions.--For purposes of this section-- ``(1) Tuition credit.--The term `tuition credit' means the amount of tuition which is paid by the qualified State prepaid tuition program reason of payments to such program. ``(2) Tuition.--The term `tuition' means tuition and related expenses (as defined in section 117(b)(2)). ``(3) Designated beneficiary.--The term `designated beneficiary' means the individual designated at the commencement of participation in the qualified State prepaid tuition program (or any substitute beneficiary to the extent provided by the program) as the beneficiary of amounts paid (or to be paid) to the program. ``(4) Value of designated beneficiary's account.--The value of a designated beneficiary's account is an amount equal to the sum of-- ``(A) the aggregate amount paid to the qualified State prepaid tuition program for the benefit of such designated beneficiary, plus ``(B) such amount's pro rata share of the earnings (if any) on the aggregate amount paid to such program for all designated beneficiaries. ``(5) Person.--The term `person' includes a State and any agency of a State.'' (b) Clerical Amendment.--The table of sections for such part III is amended by striking the last item and inserting the following new items: ``Sec. 137. Treatment of participation in State prepaid tuition program. ``Sec. 138. Cross references to other Acts.'' (c) Effective Date.--The amendments made by this section shall apply to taxable years ending after September 30, 1993.

Tuition Account Assistance Act of 1995 - Amends the Internal Revenue Code to exclude from gross income amounts received by reason of education furnished pursuant to a qualified State prepaid tuition program (under which credits for tuition for the undergraduate education of a designated beneficiary may be purchased) or earnings on amounts paid to such a program.

Tuition Account Assistance Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``Cut, Cap, and Balance Act of 2015''. TITLE I--CUT SEC. 101. MODIFICATION OF THE CONGRESSIONAL BUDGET ACT. Title III of the Congressional Budget Act of 1974 (2 U.S.C. 631 et seq.) is amended by adding at the end the following: ``SEC. 316. SPENDING LIMITS. ``(a) In General.--It shall not be in order in the House of Representatives or the Senate to consider any bill, joint resolution, amendment, or conference report that would cause the spending limits as set forth in this section to be exceeded. ``(b) Limits.--In this section, the term `spending limits' means for fiscal year 2016-- ``(1) $2,832,215,000,000 in new budget authority; and ``(2) $2,884,442,000,000 in outlays. ``(c) Adjustments.--After the reporting of a bill or joint resolution relating to the global war on terrorism described in subsection (d), or the offering of an amendment thereto or the submission of a conference report thereon-- ``(1) the chair of the House or Senate Committee on the Budget may adjust the spending limits provided in this section for purposes of congressional enforcement, the budgetary aggregates in the concurrent resolution on the budget most recently adopted by the Senate and the House of Representatives, and allocations pursuant to section 302(a) of the Congressional Budget Act of 1974 (2 U.S.C. 633(a)), by the amount of new budget authority in that measure for that purpose and the outlays flowing therefrom; and ``(2) following any adjustment under paragraph (1), the House or Senate Committee on Appropriations may report appropriately revised suballocations pursuant to section 302(b) of the Congressional Budget Act of 1974 (2 U.S.C. 633(b)) to carry out this subsection. ``(d) Global War on Terrorism.--If a bill or joint resolution is reported making appropriations for fiscal year 2016 that designates amounts for Overseas Contingency Operations/Global War on Terrorism for purposes of section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901(b)(2)(A)), the allowable adjustments provided for in subsection (c) for fiscal year 2016 shall not exceed $58,000,000,000 in budget authority and the outlays flowing therefrom. ``SEC. 317. CERTAIN SPENDING LIMITS. ``(a) In General.--It shall not be in order in the House of Representatives or the Senate to consider any bill, joint resolution, amendment, or conference report that includes any provision that would cause total spending, except as excluded in subsection (b), to exceed the limits specified in section 316(b). ``(b) Exempt From Spending Limits.--Spending for the following functions is exempt from the limits specified in section 316 (b): ``(1) Social Security, function 650. ``(2) Medicare, function 570. ``(3) Veterans Benefits and Services, function 700. ``(4) Net Interest, function 900. ``(5) Military personnel accounts within subfunctional category 051.''. SEC. 102. STATUTORY ENFORCEMENT OF SPENDING CAPS THROUGH SEQUESTRATION. Title III of the Congressional Budget Act of 1974 (2 U.S.C. 631 et seq.) is amended by inserting after section 317, as added by section 101 of this Act, the following: ``SEC. 318. ENFORCEMENT OF DISCRETIONARY AND DIRECT SPENDING CAPS. ``(a) Implementation.--The sequesters shall be implemented as follows: ``(1) Discretionary spending implementation.--For the discretionary limits in section 316, pursuant to section 251(a) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901(a)) with each category sequestered separately. ``(2) Direct spending implementation.--(A) The sequestration to enforce this section for direct spending shall be implemented pursuant to section 254 of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 904). ``(B) Section 255 of the Balanced Budget and Control Act of 1985 (2 U.S.C. 905) shall not apply to this section, except that payments for military personnel accounts (within subfunctional category 051), TRICARE for Life, Medicare (functional category 570), military retirement, Social Security (functional category 650), veterans (functional category 700), net interest (functional category 900), and discretionary appropriations shall be exempt. ``(b) Modification of Presidential Order.-- ``(1) In general.--At any time after the Director of the Office of Management and Budget issues a sequestration report under subsection (a) and section 319(c) the provisions of section 258A of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 907b) shall apply to the consideration in the House of Representatives and the Senate of a bill or joint resolution to override the order if the bill or joint resolution, as enacted, would achieve the same level of reductions in new budget authority and outlays for the applicable fiscal year as set forth in the order. ``(2) Point of order.--In the House of Representatives or Senate, it shall not be in order to consider a bill or joint resolution which waives, modifies, or in any way alters a sequestration order unless the chair of the House or Senate Committee on the Budget certifies that the measure achieves the same levels of reductions in new budget authority and outlays for the applicable year as set forth in the order.''. TITLE II--CAP SEC. 201. LIMIT ON TOTAL SPENDING. (a) Definitions.--Section 250(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 900(c)) is amended-- (1) by striking paragraph (4); (2) by redesignating paragraphs (5) through (21) as paragraphs (4) through (20), respectively; and (3) by adding at the end the following: ``(21) The term `GDP', for any fiscal year, means the gross domestic product during such fiscal year consistent with Department of Commerce definitions.''. (b) Caps.--Title III of the Congressional Budget Act of 1974 (2 U.S.C. 631 et seq.) is amended adding after section 318, as added by section 102 of this Act, the following: ``SEC. 319. ENFORCING GDP OUTLAY LIMITS. ``(a) Enforcing GDP Outlay Limits.--In this section, the term `GDP outlay limit' means an amount, as estimated by the Director of the Office of Management and Budget, equal to-- ``(1) projected GDP for that fiscal year as estimated by OMB, multiplied by ``(2)(A) 19.9 percent for fiscal year 2016; ``(B) 19.52 percent for fiscal year 2017; ``(C) 19.14 percent for fiscal year 2018; ``(D) 18.76 percent for fiscal year 2019; ``(E) 18.38 percent for fiscal year 2020; ``(F) 18 percent for fiscal year 2021; ``(G) 18 percent for fiscal year 2021; ``(H) 18 percent for fiscal year 2022; ``(I) 18 percent for fiscal year 2023; ``(J) 18 percent for fiscal year 2024; and ``(K) 18 percent for fiscal year 2025. ``(b) GDP Outlay Limit and Outlays.-- ``(1) Determining the gdp outlay limit.--The Director of the Office of Management and Budget shall establish in the President's budget the GDP outlay limit for the budget year. ``(2) Total federal outlays.--In this section, total Federal outlays shall include all on-budget and off-budget outlays. ``(c) Sequestration.--The sequestration to enforce this section shall be implemented pursuant to section 254 of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 904). ``(d) Exempt Programs.--Section 255 of the Balanced Budget and Control Act of 1985 (2 U.S.C. 905) shall not apply to this section, except that payments for military personnel accounts (within subfunctional category 051), TRICARE for Life, Medicare (functional category 570), military retirement, Social Security (functional category 650), veterans (functional category 700), and net interest (functional category 900) shall be exempt.''. SEC. 202. ENFORCEMENT PROCEDURES UNDER THE CONGRESSIONAL BUDGET ACT OF 1974. (a) Enforcement.--Title III of the Congressional Budget Act of 1974 (2 U.S.C. 631 et seq.) is amended by adding after section 319, as added by section 201 of this Act, the following: ``SEC. 320. ENFORCEMENT PROCEDURES. ``It shall not be in order in the House of Representatives or the Senate to consider any bill, joint resolution, amendment, or conference report that would cause the most recently reported current GDP outlay limits set forth in section 319 to be exceeded.''. (b) Table of Contents.--The table of contents in section 1(b) of the Congressional Budget and Impoundment Control Act of 1974 is amended by adding after the item relating to section 315 the following: ``Sec. 316. Spending limits. ``Sec. 317. Certain spending limits. ``Sec. 318. Enforcement of discretionary and direct spending caps. ``Sec. 319. Enforcing GDP outlay limits. ``Sec. 320. Enforcement procedures.''. TITLE III--BALANCE SEC. 301. REQUIREMENT THAT A BALANCED BUDGET AMENDMENT BE SUBMITTED TO STATES. (a) In General.--The Secretary of the Treasury shall not exercise the additional borrowing authority in subsequent legislation until the Archivist of the United States transmits to the States a balanced budget amendment to the Constitution that-- (1) requires that total outlays not exceed total receipts; (2) contains a spending limitation as a percentage of GDP; and (3) requires that tax increases be approved by a \2/3\ vote in both Houses of Congress for their ratification. (b) Point of Order.--It shall not be in order in the House of Representatives or the Senate to consider any bill, joint resolution, amendment, or conference report that would cause the Secretary of the Treasury to exercise additional borrowing authority described in subsection (a) until such time as the Archivist of the United States transmits to the States an amendment to the Constitution described in subsection (a).

Cut, Cap, and Balance Act of 2015 This bill amends the Congressional Budget Act of 1974 to establish FY2016 spending limits of $2.832 trillion for new budget authority and $2.884 trillion for outlays. Spending for Social Security, Medicare, Veterans Benefits and Services, Net Interest, and Military Personnel is exempt from the limits. The chairs of the congressional budget committees may make specified adjustments to the limits for legislation that designates amounts for Overseas Contingency Operations/ Global War on Terrorism. The bill amends the Balanced Budget and Emergency Deficit Control Act of 1985 to limit total annual spending for FY2016-FY2025 to a specified percentage of projected annual gross domestic product (GDP), which begins at 19.9% for FY2016 and decreases each year until it reaches 18% for FY2021-FY2025. The bill enforces the spending limits using automatic spending cuts known as sequestration and specifies exemptions. The Department of the Treasury may not exercise additional borrowing authority in subsequent legislation until a balanced budget amendment to the Constitution is submitted to the states that: (1) requires that total outlays not exceed total receipts, (2) contains a spending limitation as a percentage of GDP, and (3) requires tax increases be approved by a two-thirds vote in both houses of Congress.

Cut, Cap, and Balance Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Government Shutdown Prevention Act''. SEC. 2. AMENDMENT TO TITLE 31. (a) In General.--Chapter 13 of title 31, United States Code, is amended by inserting after section 1310 the following new section: ``Sec. 1311. Continuing appropriations ``(a)(1) If any regular appropriation bill for a fiscal year does not become law prior to the beginning of such fiscal year or a joint resolution making continuing appropriations is not in effect, there is appropriated, out of any moneys in the Treasury not otherwise appropriated, and out of applicable corporate or other revenues, receipts, and funds, such sums as may be necessary to continue any project or activity for which funds were provided in the preceding fiscal year-- ``(A) in the corresponding regular appropriation Act for such preceding fiscal year; or ``(B) if the corresponding regular appropriation bill for such preceding fiscal year did not become law, then in a joint resolution making continuing appropriations for such preceding fiscal year. ``(2) Appropriations and funds made available, and authority granted, for a project or activity for any fiscal year pursuant to this section shall be at a rate of operations not in excess of 75 percent of the lower of-- ``(A) the rate of operations provided for in the regular appropriation Act providing for such project or activity for the preceding fiscal year, ``(B) in the absence of such an Act, the rate of operations provided for such project or activity pursuant to a joint resolution making continuing appropriations for such preceding fiscal year, ``(C) the rate of operations provided for in the House or Senate passed appropriation bill for the fiscal year in question, except that the lower of these two versions shall be ignored for any project or activity for which there is a budget request if no funding is provided for that project or activity in either version, ``(D) the rate provided in the budget submission of the President under section 1105(a) of title 31, United States Code, for the fiscal year in question, or ``(E) the annualized rate of operations provided for in the most recently enacted joint resolution making continuing appropriations for part of that fiscal year or any funding levels established under the provisions of this Act. ``(3) Appropriations and funds made available, and authority granted, for any fiscal year pursuant to this section for a project or activity shall be available for the period beginning with the first day of a lapse in appropriations and ending with the earlier of-- ``(A) the date on which the applicable regular appropriation bill for such fiscal year becomes law (whether or not such law provides for such project or activity) or a continuing resolution making appropriations becomes law, as the case may be, or ``(B) the last day of such fiscal year. ``(b) An appropriation or funds made available, or authority granted, for a project or activity for any fiscal year pursuant to this section shall be subject to the terms and conditions imposed with respect to the appropriation made or funds made available for the preceding fiscal year, or authority granted for such project or activity under current law. ``(c) Appropriations and funds made available, and authority granted, for any project or activity for any fiscal year pursuant to this section shall cover all obligations or expenditures incurred for such project or activity during the portion of such fiscal year for which this section applies to such project or activity. ``(d) Expenditures made for a project or activity for any fiscal year pursuant to this section shall be charged to the applicable appropriation, fund, or authorization whenever a regular appropriation bill or a joint resolution making continuing appropriations until the end of a fiscal year providing for such project or activity for such period becomes law. ``(e) This section shall not apply to a project or activity during a fiscal year if any other provision of law (other than an authorization of appropriations)-- ``(1) makes an appropriation, makes funds available, or grants authority for such project or activity to continue for such period, or ``(2) specifically provides that no appropriation shall be made, no funds shall be made available, or no authority shall be granted for such project or activity to continue for such period. ``(f) For purposes of this section, the term `regular appropriation bill' means any annual appropriation bill making appropriations, otherwise making funds available, or granting authority, for any of the following categories of projects and activities: ``(1) Agriculture, rural development, and related agencies programs. ``(2) The Departments of Commerce, Justice, and State, the judiciary, and related agencies. ``(3) The Department of Defense. ``(4) The government of the District of Columbia and other activities chargeable in whole or in part against the revenues of the District. ``(5) The Departments of Labor, Health and Human Services, and Education, and related agencies. ``(6) The Department of Housing and Urban Development, and sundry independent agencies, boards, commissions, corporations, and offices. ``(7) Energy and water development. ``(8) Foreign assistance and related programs. ``(9) The Department of the Interior and related agencies. ``(10) Military construction. ``(11) The Department of Transportation and related agencies. ``(12) The Treasury Department, the U.S. Postal Service, the Executive Office of the President, and certain independent agencies. ``(13) The legislative branch.''. (b) Clerical Amendment.--The analysis of chapter 13 of title 31, United States Code, is amended by inserting after the item relating to section 1310 the following new item: ``1311. Continuing appropriations.''. (c) Protection of Other Obligations.--Nothing in the amendments made by this section shall be construed to effect Government obligations mandated by other law, including obligations with respect to Social Security, Medicare, and Medicaid. SEC. 3. EFFECTIVE DATE AND SUNSET. (a) Effective Date.--The amendments made by this Act shall apply with respect to fiscal years beginning with fiscal year 2003. (b) Sunset.--The amendments made by this Act shall sunset and have no force or effect 3 years after the date of enactment of this Act.

Government Shutdown Prevention Act - Provides for continuing appropriations for a fiscal year in the absence of regular appropriations, at a level not exceeding 75 percent of the lowest of possible rates of operations found in: (1) the previous fiscal year's appropriations or continuing appropriations acts; (2) the House or Senate passed appropriation bill for the fiscal year in question (except for a project or activity not funded in one such version); (3) the presidential budget submission; or (4) the annualized rate of operations provided for in the most recently enacted joint resolution making continuing appropriations for part of that fiscal year or any funding levels established under this Act.Charges expenditures made under this Act to the applicable appropriation, fund, or authorization when it becomes law.

To amend title 31, United States Code, to provide for continuing appropriations in the absence of regular appropriations.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Young Fishermen's Development Act of 2017''. SEC. 2. DEFINITIONS. In this Act: (1) Sea grant institution.--The term ``Sea Grant Institution'' means a sea grant college or sea grant institute, as those terms are defined in section 203 of the National Sea Grant College Program Act (33 U.S.C. 1122). (2) Young fisherman.--The term ``young fisherman'' means an individual who-- (A)(i) desires to participate in the commercial fisheries of the United States, including the Great Lakes fisheries; (ii) has worked as a captain, crew member, deckhand, or other at-sea position on a commercial fishing vessel for not more than 10 years of cumulative service; or (iii) is a beginning commercial fisherman; and (B) is less than 35 years of age. SEC. 3. ESTABLISHMENT OF PROGRAM. (a) In General.--The Secretary of Commerce, acting through the National Sea Grant Office, shall establish a program to provide training, education, outreach, and technical assistance initiatives for young fishermen. (b) Designation.--The program established under subsection (a) shall be known as the ``Young Fishermen's Development Grant Program''. SEC. 4. GRANTS. (a) In General.--In carrying out the Young Fishermen's Development Grant Program (referred to in this section as the ``Program''), the Secretary shall make competitive grants to support new and established local and regional training, education, outreach, and technical assistance initiatives for young fishermen, including programs, workshops, and services relating to-- (1) seamanship, navigation, electronics, and safety; (2) vessel and engine care, maintenance, and repair; (3) innovative conservation fishing gear engineering and technology; (4) sustainable fishing practices; (5) entrepreneurship and good business practices; (6) direct marketing, supply chain, and traceability; (7) financial and risk management, including vessel, permit, and quota purchasing; (8) State and Federal legal requirements for specific fisheries, including reporting, monitoring, licenses, and regulations; (9) State and Federal fisheries policy and management; (10) mentoring, apprenticeships, or internships; and (11) any other activities, opportunities, or programs as determined appropriate by the Secretary. (b) Eligibility.-- (1) Applicants.--To be eligible to receive a grant under the Program, the recipient must be a collaborative State, Tribal, local, or regionally based network or partnership of public or private entities, which may include-- (A) a Sea Grant Institution; (B) a Federal, State, or tribal agency; (C) a community-based or nongovernmental organization; (D) fishermen's cooperatives or associations, including permit banks and trusts; (E) Alaska Native corporations; (F) a college or university (including an institution awarding an associate's degree), or a foundation maintained by a college or university; or (G) any other appropriate entity as determined by the Secretary. (2) Participants.--All young fishermen seeking to participate in the commercial fisheries of the United States and the Great Lakes are eligible to participate in the activities funded through grants provided for in this section, except that participants in such activities shall be selected by each grant recipient. (c) Maximum Term and Amount of Grant.-- (1) In general.--A grant under this section shall-- (A) have a term of no more than 3 fiscal years; and (B) be in an amount that is not more than $200,000 for each fiscal year. (2) Consecutive grants.--An eligible recipient may receive consecutive grants under this section. (d) Matching Requirement.--To be eligible to receive a grant under this section, a recipient shall provide a match in the form of cash or in-kind contributions in the amount equal to or greater than 25 percent of the funds provided by the grant. (e) Regional Balance.--In making grants under this section, the Secretary shall, to the maximum extent practicable, ensure geographic diversity. (f) Priority.--In awarding grants under this section, the Secretary shall give priority to partnerships and collaborations that are led by or include nongovernmental fishing community-based organizations and school-based fisheries educational organizations with expertise in fisheries and sustainable fishing training and outreach. (g) Cooperation and Evaluation Criteria.--In carrying out this section and especially in developing criteria for evaluating grant applications, the Secretary shall cooperate, to the maximum extent practicable, with-- (1) Sea Grant Institutions and extension agents of such institutions; (2) community-based and nongovernmental fishing organizations; (3) Federal and State agencies, including Regional Fishery Management Councils established under the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1851 et seq.); (4) colleges and universities with fisheries expertise and programs; and (5) other appropriate partners as determined by the Secretary. (h) Prohibition.--A grant under this section may not be used to purchase any fishing license, permit, quota, or other harvesting right. SEC. 5. FUNDING. (a) In General.--Of the amount made available to the Secretary of Commerce under section 311(e) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1861(e)) for each of fiscal years 2018 through 2022, the Secretary shall use $2,000,000 to carry out section 4 of this Act. (b) Proportional Allocation.--The amount obligated under this section each fiscal year for activities in each fishery management region shall be in the same proportion as the portion of the total amount obligated under this section for that fiscal year that was collected in that region.

Young Fishermen's Development Act of 2017 This bill directs the National Sea Grant Office in the National Oceanic and Atmospheric Administration to establish a Young Fishermen's Development Grant Program to provide training, education, outreach, and technical assistance initiatives for young fishermen. The office shall make competitive matching grants to support local and regional training, education, outreach, and technical assistance initiatives for young fishermen, including programs, workshops, and services related to seamanship, navigation, electronics, and safety, vessel and engine care, and sustainable fishing practices. Grant recipients must be a collaborative state, tribal, local, or regionally based network or partnership of public or private entities. In awarding grants, the office shall give priority to partnerships and collaborations that are led by or include nongovernmental fishing community-based organizations and school-based fisheries educational organizations with expertise in fisheries and sustainable fishing training and outreach. Grants may not be used to purchase a fishing license, permit, quota, or other harvesting right.

Young Fishermen’s Development Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Wounded Warrior Caregiver Assistance Act''. SEC. 2. SUPPORT SERVICES FOR FAMILY CAREGIVERS. (a) In General.--Chapter 17 of title 38, United States Code, is amended by adding at the end the following new section: ``Sec. 1786. Support services for family caregivers ``(a) Training.--The Secretary shall make available interactive training sessions for family caregivers and individuals who provide such caregivers support under this chapter or through the aging network (including respite care providers, nursing care providers, and counselors). Such training shall-- ``(1) be made available both in person and on an Internet website; ``(2) incorporate telehealth technologies to the extent practicable; and ``(3) teach techniques, strategies, and skills for caring for a disabled veteran, including, at a minimum, effective methods of-- ``(A) caring for a veteran-- ``(i) with post-traumatic stress disorder or a traumatic brain injury; and ``(ii) who was deployed in support of Operation Enduring Freedom or Operation Iraqi Freedom; and ``(B) recording details regarding the health of the veteran. ``(b) Access to Support Services.--The Secretary shall provide family caregivers with information concerning public, private, and non- profit agencies that offer support to such caregivers. In providing such information, the Secretary shall-- ``(1) collaborate with the Assistant Secretary for Aging of the Department of Health and Human Services in order to provide family caregivers access to Aging and Disability Resource Centers under the Administration on Aging of the Department of Health and Human Services; and ``(2) contract with a private entity to provide family caregivers with an Internet-based service that contains-- ``(A) a directory of services available at the county level; ``(B) message boards and other similar tools that provide family caregivers with the ability to interact with each other and disabled veterans for the purpose of fostering peer support and creating support networks; and ``(C) comprehensive information explaining health- related topics and issues relevant to the needs of disabled veterans and family caregivers. ``(c) Information and Outreach.--The Secretary shall conduct outreach to inform disabled veterans and the families of such veterans of the services under this section. Such outreach shall include the following: ``(1) Public service announcements. ``(2) Brochures and pamphlets. ``(3) Full use of Internet-based outreach methods, including-- ``(A) participating on social networking websites; ``(B) methods designed specifically for rural families; and ``(C) establishing a web page on the Internet website of the Department that-- ``(i) is dedicated to caregiver support; and ``(ii) contains interactive elements, including providing information based on the location of the person using the web page. ``(d) Definitions.--In this section: ``(1) The term `aging network' has the meaning given that term in section 102(5) of the Older Americans Act of 1965 (42 U.S.C. 3002(5)). ``(2) The term `caregiver services' means noninstitutional extended care (as used in section 1701(6) of this title), including homemaker and home health aid services. ``(3) The term `family caregiver' means an individual who-- ``(A) is a member of the family (including parents, spouses, children, siblings, step-family members, and extended family members) of a disabled veteran; ``(B) provides caregiver services to such veteran for such disability; and ``(C) may or may not reside with such veteran.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 17 of title 38, United States Code, is amended by adding at the end the following new item: ``1786. Support services for family caregivers.''. SEC. 3. COUNSELING AND MENTAL HEALTH SERVICES FOR FAMILY CAREGIVERS. (a) In General.--Section 1782 of title 38, United States Code, is amended-- (1) in the section heading, by striking ``immediate''; and (2) in subsection (c)-- (A) in paragraph (1), by striking ``; or'' and inserting a semicolon; (B) by redesignating paragraph (2) as paragraph (3); and (C) by inserting after paragraph (1) the following new paragraph (2): ``(2) a family caregiver as defined in section 1786 of this title; or''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 17 of title 38, United States Code, is amended by striking the item relating to section 1782 and inserting the following new item: ``1782. Counseling, training, and mental health services for family members.''. SEC. 4. RESPITE CARE TO ASSIST FAMILY CAREGIVERS. Section 1720B of title 38, United States Code, is amended-- (1) in subsection (a), by striking ``title.'' and inserting ``title or who receives care from a family caregiver as defined in section 1786 of this title.''; and (2) by adding at the end the following new subsection: ``(d) In furnishing respite care services under this section, the Secretary shall ensure that such services-- ``(1) fulfill the needs of the veteran receiving care; and ``(2) are appropriate for the veteran (including by taking the age of the veteran into account when selecting the respite care provided to such veteran).''.

Wounded Warrior Caregiver Assistance Act - Directs the Secretary of Veterans Affairs (VA) to make interactive training sessions available for family caregivers and individuals who provide such caregivers support (including respite care providers, nursing care providers, and counselors). Directs the Secretary to provide family caregivers with information concerning public, private, and nonprofit agencies that offer support to such caregivers, including by contracting with a private entity to provide family caregivers with an Internet-based service with: (1) a directory of county level services; (2) message boards and other tools that allow interaction to foster peer support and the creation of support networks; and (3) comprehensive information explaining relevant health-related topics and issues. Directs the Secretary to conduct outreach to inform disabled veterans and their families of these services. Makes family caregivers eligible for counseling, training, and mental health services under existing provisions. Authorizes the Secretary to furnish respite care to a veteran who receives care from a family caregiver under existing provisions.

To amend title 38, United States Code, to provide support services for family caregivers of disabled veterans, and for other purposes.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Distracted Driving Prevention Act of 2009''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Distracted driving incentive grants. Sec. 3. Distracted driving national education program. Sec. 4. Research and data collection. Sec. 5. Research program. Sec. 6. FCC report on distracted driving technology. Sec. 7. Provision of information to States. Sec. 8. Commercial motor vehicles and school buses. Sec. 9. Funding. SEC. 2. DISTRACTED DRIVING INCENTIVE GRANTS. (a) In General.--Chapter 4 of title 23, United States Code, is amended by adding at the end the following: ``Sec. 413. Distracted driving incentive grants ``(a) In General.--The Secretary shall make a grant under this section to any State that enacts and implements a statute that meets the requirements of subsections (b) and (c) of this section. ``(b) Prohibition on Texting While Driving.--A State statute meets the requirements of this subsection if the statute-- ``(1) prohibits the use of a personal wireless communications device by a driver for texting while driving; ``(2) makes violation of the statute a primary offense; ``(3) establishes-- ``(A) a minimum fine for a first violation of the statute; and ``(B) increased fines for repeat violations; and ``(4) provides increased civil and criminal penalties than would otherwise apply if a vehicle accident is caused by a driver who is using such a device in violation of the statute. ``(c) Prohibition on Handheld Cellphone Use While Driving.--A State statute meets the requirements of this subsection if the statute-- ``(1) prohibits a driver from holding a personal wireless communications device to conduct a telephone call while driving; ``(2) allows the use of hands-free devices that enable a driver, other than a driver who has not attained the age of 18, to initiate, conduct, or receive a telephone call without holding the device; ``(3) makes violation of the statute a primary offense; ``(4) requires distracted driving issues to be tested as part of the State driver's license examination; ``(5) establishes-- ``(A) a minimum fine for a first violation of the statute; and ``(B) increased fines for repeat violations; and ``(6) provides increased civil and criminal penalties than would otherwise apply if a vehicle accident is caused by a driver who is using such a device in violation of the statute. ``(d) Permitted Exceptions.--A statute that meets the requirements of subsections (b) and (c) may provide exceptions for-- ``(1) use of a personal wireless communications device by a driver to contact emergency services; ``(2) manipulation of such a device by a driver to activate, deactivate, or initialize the hands-free functionality of the device; ``(3) use of a personal wireless communications device by emergency services personnel while operating an emergency services vehicle and engaged in the performance of their duties as emergency services personnel; and ``(4) use of a device by an individual employed as a commercial motor vehicle driver, or a school bus driver, within the scope of such individual's employment if such use is permitted under the regulations promulgated pursuant to section 31152 of title 49. ``(e) Grant Year.--The Secretary shall make a grant under this section to a State in any year in which the State-- ``(1) enacts a law that meets the requirements of subsections (b) and (c) before July 1; or ``(2) maintains a statute, that meets the requirements of subsections (b) and (c), enacted in a previous year that is in effect through June 30th of the grant year. ``(f) Disbursement and Apportionment.--Grants to qualifying States shall be disbursed after July 1 each year according to the apportionment criteria of section 402(c). ``(g) Use of Grant Funds.--A State that receives a grant under this section-- ``(1) shall use at least 50 percent of the grant-- ``(A) to educate and advertise to the public information about the dangers of texting or using a cellphone while driving; ``(B) for traffic signs that notify drivers about the distracted driving law of the State; ``(C) for law enforcement of the distracted driving law; or ``(D) for a combination of such uses; and ``(2) may use up to 50 percent of the grant for other projects that improve traffic safety and that are consistent with the criteria in section 402(a). ``(h) Definitions.--In this section: ``(1) Driving.--The term `driving' means operating a motor vehicle on a public road, including operation while temporarily stationary because of traffic, a traffic light or stop sign, or otherwise. It does not include operating a motor vehicle when the vehicle has pulled over to the side of, or off, an active roadway and has stopped in a location where it can safely remain stationary. ``(2) Hands-free device.--The term `hands-free device' means a device that allows a driver to use a personal wireless communications device to initiate, conduct, or receive a telephone call without holding the personal wireless communications device. ``(3) Personal wireless communications device.--The term `personal wireless communications device' means a device through which personal wireless services (as defined in section 332(c)(7)(C)(i) of the Communications Act of 1934 (47 U.S.C. 332(c)(7)(C)(i))) are transmitted. It does not include a global navigation satellite system receiver used for positioning, emergency notification, or navigation purposes. ``(4) Primary offense.--The term `primary offense' means an offense for which a law enforcement officer may stop a vehicle solely for the purpose of issuing a citation in the absence of evidence of another offense. ``(5) Public road.--The term `public road' has the meaning given that term in section 402(c). ``(6) Texting.--The term `texting' means reading from or manually entering data into a personal wireless communications device, including doing so for the purpose of SMS texting, e- mailing, instant messaging, or engaging in any other form of electronic data retrieval or electronic data communication.''. (b) Conforming Amendment.--The table of contents for chapter 4 of title 23, United States Code, is amended by adding at the end the following: ``413. Distracted driving incentive grants.''. SEC. 3. DISTRACTED DRIVING NATIONAL EDUCATION PROGRAM. (a) In General.--The Administrator of the National Highway Traffic Safety Administration shall establish and administer a program under which at least 2 high-visibility education and advertising campaigns related to distracted driving will be carried out for the purpose specified in subsection (b) for fiscal years 2010 and 2011. (b) Purpose.--The purpose of an education and advertising campaign under this section shall be to educate the public about the risks associated with distracted driving, including those associated with-- (1) texting (as defined in section 413(h)(6) of title 23, United States Code) while driving; and (2) the use of personal wireless communications devices (as defined in section 413(h)(3) of that title) while driving. (c) Advertising.--The Administrator may use, or authorize the use of, funds available to carry out this section to pay for the development, production, publication, and broadcast of electronic and print media advertising in carrying out traffic safety education and advertising campaigns under this section. The Administrator-- (1) shall give consideration to advertising directed at non-English speaking populations, including those who listen, read, or watch nontraditional media; and (2) may use a portion of the funds available for this program to target local jurisdictions that have enacted laws prohibiting texting or the use of personal wireless communications devices while driving. (d) Coordination With States.--The Administrator may coordinate with the States to carry out the education and advertising campaigns under this section to coincide with high-visibility enforcement of State laws prohibiting texting while driving or the use of personal wireless communications devices while driving. (e) Annual Evaluation.--The Administrator shall conduct an annual evaluation of the effectiveness of the education and advertising campaigns under this section, and report the results to the Senate Committee on Commerce, Science, and Transportation, and the House of Representatives Committee on Energy and Commerce. SEC. 4. RESEARCH AND DATA COLLECTION. (a) In General.--Section 408(e)(2) of title 23, United States Code, is amended to read as follows: ``(2) Data on use of electronic devices.-- ``(A) The model data elements required under paragraph (1) shall include data elements, as determined appropriate by the Secretary, in consultation with the States and appropriate elements of the law enforcement community, on the impact on traffic safety of the use of electronic devices while driving. ``(B) In order to meet the requirements of subparagraph (A), State and local governments shall-- ``(i) require that official vehicle accident investigation reports include a designated space to record whether or not the use of a personal wireless communications device (as defined in section 413(h)(3)) was in use at the time of the accident by any driver involved in the accident; ``(ii) require that all law enforcement officers, as part of a vehicle accident investigation, inquire about and record the information required by clause (i); and ``(iii) incorporate the information collected under clause (i) into its traffic safety information system.''. (b) Effective Date.--The amendment made by subsection (a) shall apply with respect to grants under section 408 of title 23, United States Code, for fiscal years beginning after fiscal year 2010. SEC. 5. RESEARCH PROGRAM. (a) In General.--The Secretary of Transportation shall establish a research program to study distracted driving by passenger and commercial vehicle drivers. (b) Scope.--The program shall include studies of-- (1) driver behavior; (2) vehicle technology; and (3) portable electronic devices that are commonly brought into passenger or commercial vehicles. (c) Research Agreements.-- (1) In general.--In carrying out this section the Secretary may grant research contracts to non-governmental entities to study distracted driving. (2) Limitations.--The Secretary may not grant a research contract under this section to any person that produces or sells-- (A) electronic equipment that is used in vehicles; (B) portable electronic equipment commonly brought into passenger or commercial vehicles; or (C) passenger or commercial vehicles. SEC. 6. FCC REPORT ON DISTRACTED DRIVING TECHNOLOGY. Within 180 days after the date of enactment of this Act, the Federal Communications Commission shall submit a report to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Energy and Commerce that identifies-- (1) data the Commission can collect and analyze that will assist in understanding and reducing the problem of distracted driving involving the use of personal communications devices; (2) existing and developing wireless communications technology that may be used to reduce problems associated with distracted driving; and (3) existing authority that the Commission may use to assist in reducing those problems. SEC. 7. PROVISION OF INFORMATION TO STATES. Section 30105 of title 49, United States Code, shall not apply to providing Government-sponsored research and highway safety data, or providing technical assistance, relating to legislative proposals addressing the dangers or potential dangers of-- (1) texting while driving a passenger vehicle, school bus, or commercial vehicle; or (2) the use of personal wireless communications devices (as defined in section 413(h)(3) of title 23, United States Code) while driving a passenger vehicle, school bus, or commercial vehicle. SEC. 8. COMMERCIAL MOTOR VEHICLES AND SCHOOL BUSES. (a) In General.--Subchapter III of chapter 311 of title 49, United States Code, is amended by adding at the end the following: ``Sec. 31152. Regulation of the use of distracting devices in commercial motor vehicles and school buses ``(a) In General.--No later than 1 year after the enactment of the Distracted Driving Prevention Act of 2009, the Secretary of Transportation shall prescribe regulations on the use of electronic or wireless devices, including cell phones and other distracting devices, by an individual employed as the operator of-- ``(1) a commercial motor vehicle while that individual is engaged in the performance of such individual's duties as the operator of the commercial motor vehicle; or ``(2) a school bus (as defined in section 30125(a)(1)) that is a commercial motor vehicle (as defined in section 31301(4)(A)) while that individual is engaged in the performance of such individual's duties as the operator of the school bus. ``(b) Basis for Regulations.--The Secretary shall base the regulations required by subsection (a) on accident data analysis, the results of ongoing research, and other information, as appropriate. ``(c) Prohibited Use.--The Secretary shall prohibit the use of such devices in circumstances in which the Secretary determines that their use interferes with the driver's safe operation of a school bus or commercial motor vehicle. ``(d) Permitted Use.--Under the regulations, the Secretary may permit the use of a device, the use of which is prohibited under subsection (c), if the Secretary determines that such use is necessary for the safety of the driver or the public in emergency circumstances.''. (b) Conforming Amendment.--The table of contents for chapter 311 of title 49, United States Code, is amended by inserting after the item relating to section 31151 the following: ``31152. Regulation of the use of distracting devices in commercial motor vehicles and school buses.''. SEC. 9. FUNDING. Section 2001(a) of Public Law 109-59 is amended-- (1) by striking ``and'' in paragraph (4); (2) by striking ``2009.'' in paragraph (4) and inserting ``2009, $94,500,000 for fiscal year 2010, and $94,500,000 for fiscal year 2011. If any amount of the funds authorized by this paragraph has not been allocated to States meeting the criteria of section 406 of title 23, United States Code, by July 1 of a fiscal year beginning after fiscal year 2009, the unallocated amount shall be allocated to States meeting the criteria of section 413 of that title.''; and (3) by redesignating paragraph (11) as paragraph (12) and inserting after paragraph (10) the following: ``(11) Distracted driving program.--For carrying out section 3 of the Distracted Driving Prevention Act of 2009, $30,000,000 for each of fiscal years 2010 and 2011.''.

Distracted Driving Prevention Act of 2009 - Directs the Secretary of Transportation to make grants to states that enact laws that prohibit, with certain exceptions, and establish fines for texting and/or handheld cellphone use while driving. Requires a state that receives a grant to allocate: (1) at least 50% to educate and advertise to the public about the dangers of texting or using a cellphone while driving as well as enforce the distracted driving law; and (2) up to 50% for other traffic safety improvement projects. Directs the Administrator of the National Highway Traffic Safety Administration (NHTSA) to administer a distracted driving national education program with at least two high-visibility education and advertising campaigns. Requires the Secretary to establish a research program to study distracted driving by passenger and commercial vehicle drivers. Directs the the Federal Communications Commission (FCC) to report to Congress on existing and developing wireless communications technology that may be used to reduce problems associated with distracted driving. Requires the Secretary to: (1) prescribe regulations on the use of electronic or wireless devices, including cell phones and other distracting devices, by operators of commercial motor vehicles and school buses; and (2) prohibit their use in circumstances where it interferes with the driver's safe operation of the vehicles.

To establish a program to reduce injuries and deaths caused by cellphone use and texting while driving.

SECTION 1. FINDINGS. The Congress makes the following findings: (1) Dr. Dorothy Irene Height was born March 24, 1912, to James Edward Height and Fannie (Borroughs) Height in Richmond, Virginia, and raised in Rankin, Pennsylvania. (2) Dr. Height is recognized as one of the preeminent social and civil rights activists of her time, particularly in the struggle for equality, social justice, and human rights for all peoples. (3) Beginning as a civil rights advocate in the 1930s, she soon gained prominence through her tireless efforts to promote interracial schooling, to register and educate voters, and to increase the visibility and status of women in our society. (4) She has labored to provide hope for inner-city children and their families, and she can claim responsibility for many of the advances made by women and African-Americans over the course of this century. (5) Her public career spans over 65 years. (6) Dr. Height was a valued consultant on human and civil rights issues to First Lady Eleanor Roosevelt and she encouraged President Eisenhower to desegregate the Nation's schools and President Johnson to appoint African-American women to sub-Cabinet posts. (7) Dr. Height has been President of the National Council of Negro Women (NCNW) since 1957, a position to which she was appointed upon the retirement of Dr. Mary McLeod Bethune, one of the most influential African-American women in United States history. (8) The National Council of Negro Women is currently the umbrella organization for 250 local groups and 38 national groups engaged in economic development and women's issues. (9) Under Dr. Height's leadership, the National Council of Negro Women implemented a number of new and innovative programs and initiatives, including the following: (A) Operation Woman Power, a project to expand business ownership by women and to provide funds for vocational training. (B) Leadership training for African-American women in the rural South. (C) The Black Family Reunion, a nationwide annual gathering to encourage, renew and celebrate the concept of not only the Black family but all families. (D) The Women's Center for Education and Career Advancement to empower minority women in nontraditional careers. (E) The Bethune Museum and Archives, a museum devoted to African-American women's history. (10) Dr. Height has been at the forefront of AIDS education, both nationally and internationally; under her direction, the National Council of Negro Women established offices in West Africa and South Africa and worked to improve the conditions of women in the developing world. (11) Dr. Height has been central in the success of 2 other influential women's organizations, as follows: (A) As president and executive board member of Delta Sigma Theta, Dr. Height left the sorority more efficient and globally focused with a centralized headquarters. (B) Her work with the Young Women's Christian Association (YWCA) led to its integration and more active participation in the civil rights movement. (12) As a member of the ``Big Six'' civil rights leaders with Whitney Young, A. Phillip Randolph, Martin Luther King, Jr., James Farmer, and Roy Wilkins, Dr. Height was the only female at the table when the Rev. Dr. Martin Luther King, Jr. and others made plans for the civil rights movement. (13) Dr. Height is the recipient of many awards and accolades for her efforts on behalf of women's rights, including the following: (A) The Spingarn Award, the NAACP's highest honor for civil rights contributions. (B) The Presidential Medal of Freedom awarded by President Clinton. (C) The John F. Kennedy Memorial Award from the National Council of Jewish Women. (D) The Ministerial Interfaith Association Award for her contributions to interfaith, interracial, and ecumenical movements for over 30 years. (E) The Lovejoy Award, the highest recognition by the Grand Lodge of the Benevolent and Protective Order of Elks of the World for outstanding contributions to human relations. (F) The Ladies Home Journal Woman of the Year Award in recognition for her work for human rights. (G) The William L. Dawson Award presented by the Congressional Black Caucus for decades of public service to people of color and particularly women. (H) The Citizens Medal Award for distinguished service presented by President Reagan. (I) The Franklin Delano Roosevelt Freedom Medal awarded by the Franklin and Eleanor Roosevelt Institute. (14) Dr. Dorothy Height has established a lasting legacy of public service that has been an invaluable contribution to the progress of this Nation. SEC. 2. 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, to Dr. Dorothy Irene Height a gold medal of appropriate design in recognition of her many contributions to the Nation. (b) Design and Striking.--For the purpose 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. 3. DUPLICATE MEDALS. Under such regulations as the Secretary may prescribe, the Secretary may strike and sell duplicates in bronze of the gold medals struck under section 2 at a price sufficient to cover the costs of the medals, including labor, materials, dies, use of machinery, and overhead expenses. SEC. 4. NATIONAL MEDALS. The medals struck under this Act are national medals for purposes of chapter 51 of title 31, United States Code. SEC. 5. AUTHORIZATION OF APPROPRIATIONS; PROCEEDS OF SALE. (a) Authorization of Appropriations.--There is hereby authorized to be charged against the United States Mint Public Enterprise Fund an amount not to exceed $30,000 to pay for the cost of the medal authorized under section 2. (b) Proceeds of Sale.--Amounts received from the sale of duplicate bronze medals under section 3 shall be deposited in the United States Mint Public Enterprise Fund. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Authorizes: (1) the Speaker of the House of Representatives and the President Pro Tempore of the Senate to arrange for the presentation to Dr. Dorothy Height (President of the National Council of Negro Women) of a congressional gold medal in recognition of her many contributions to the Nation; and (2) the Secretary of the Treasury to strike such medal and to strike and sell bronze duplicates. Authorizes charging an amount to pay the cost of the gold medal against the United States Mint Public Enterprise Fund.

To award a congressional gold medal to Dr. Dorothy Height in recognition of her many contributions to the Nation.