FiscalNote/billsum · Datasets at Hugging Face

SECTION 1. SHORT TITLE. This Act may be cited as the ``Life Insurance Fairness for Travelers Act of 2005''. SEC. 2. AMENDMENTS TO TRIA. The Terrorism Risk Insurance Act of 2002 (Public Law 107-297; 116 Stat. 2322) is amended by adding at the end the following new title: ``TITLE IV--FAIRNESS FOR LIFE INSURANCE PURCHASERS ``SEC. 401. CONGRESSIONAL FINDINGS AND PURPOSES. ``(a) Findings.--The Congress finds that-- ``(1) life insurance companies are increasingly using the future plans of Americans to engage in lawful foreign travel as a reason to either deny persons life insurance or to charge premiums that are not commensurate with the risk of such travel; and ``(2) that such denials of insurance and disproportionate premiums may deter Americans from purchasing insurance that they and their families may need. ``(b) Purpose.--The purpose of this title is to establish uniform rules relating to the use of foreign travel as a factor in setting life insurance eligibility and rating. ``SEC. 402. PROHIBITION AGAINST DISCRIMINATION IN LIFE INSURANCE POLICIES BASED ON FUTURE FOREIGN TRAVEL PLANS. ``(a) In General.--It shall be unlawful for any insurer to deny any person life insurance, or to otherwise discriminate in the issuance, cancellation, amount of coverage, or conditions of life insurance, based upon the intent of such person to engage in future lawful foreign travel. ``(b) Insurance Rates.--It shall be unlawful for any insurer to charge rates for life insurance which are excessive or unfairly discriminatory in relation to the actuarial risk associated with future lawful foreign travel of such person. ``SEC. 403. ADMINISTRATIVE ENFORCEMENT. ``(a) State Enforcement.--In addition to such other remedies as are provided under State law, the chief law enforcement officer of a State, or an official or agency designated by a State, may bring an action to enjoin any person who has violated or is violating this title. ``(b) Enforcement by the Secretary.--The Secretary shall enforce this Act in any State that the Secretary determines does not have a comparable State law or a law that the Secretary has determined is not inconsistent under section 405. ``SEC. 404. EFFECT ON STATE LAWS. ``(a) In General.--This title does not annul, alter, or affect, or exempt any insurer subject to the provisions of this title from complying with the laws of any State with respect to the use of prospective lawful foreign travel for the purposes of underwriting or rating life insurance except to the extent that such laws are inconsistent with any provision of this title and then only to the extent of the inconsistency. The Secretary is authorized to determine whether such inconsistencies exist. The Secretary may not determine that any State law is inconsistent with any provision of this title if the Secretary determines that such law gives greater protection to the insured. ``(b) State Exemptions.--The Secretary shall, by regulation, exempt from the requirements of this title any class of insurance transactions within any State if the Secretary determines that under the law of that State that class of transaction is subject to requirements substantially similar to those imposed under this title or that such law gives greater protection to the consumer, and that there is adequate provision for enforcement. ``SEC. 405. DEFINITIONS. ``In this title, the following definitions shall apply: ``(1) Insurer.--The term `insurer' means any entity, including any affiliate thereof, that is licensed or admitted to engage in the business of providing life insurance in any State. ``(2) Insured.--The term `insured' means any natural person who purchases, or attempts to purchase, life insurance. ``(3) Life insurance.-- ``(A) In general.--The term `life insurance' means insurance for which the probabilities of the duration of human life or the rate of mortality are an element or condition of insurance. ``(B) Included insurance.--Such term includes the granting of-- ``(i) endowment benefits; ``(ii) additional benefits in the event of death by accident or accidental means; ``(iii) disability income benefits; ``(iv) additional disability benefits that operate to safeguard the contract from lapse or to provide a special surrender value, or special benefit in the event of total and permanent disability; ``(v) benefits that provide payment or reimbursement for long-term home health care, or long-term care in a nursing home or other related facility; ``(vi) burial insurance; and ``(vii) optional modes of settlement of proceeds of life insurance. ``(C) Exclusions.--Such term does not include property and casualty insurance, health insurance or workers compensation insurance. ``(4) Secretary.--The term `Secretary' means the Secretary of the Treasury. ``SEC. 406. REGULATIONS. `` The Secretary shall issue regulations to carry out the purposes of this title. ``SEC. 407. APPLICABILITY. ``This title shall apply to any policy for life insurance coverage issued, renewed, altered, or modified or canceled after the expiration of the 6-month period beginning on the date of the enactment of the Life Insurance Fairness for Travelers Act of 2005.''. SEC. 3. TIMING OF REGULATIONS. The Secretary of the Treasury shall issue the regulations required by section 406 of the Terrorism Risk Insurance Act of 2002, as added by section 2 of this Act, not later than the expiration of the 6-month period beginning on the date of the enactment of this Act. SEC. 4. TECHNICAL AMENDMENT. The table of contents in section 1(b) of the Terrorism Risk Insurance Act of 2002 (15 U.S.C. 6701 note) is amended by adding at the end the following new items: ``TITLE IV--FAIRNESS FOR LIFE INSURANCE PURCHASERS ``Sec. 401. Congressional findings and purposes. ``Sec. 402. Prohibition against discrimination in life insurance policies based on future foreign travel plans. ``Sec. 403. Administrative enforcement. ``Sec. 404. Effect on State laws. ``Sec. 405. Definitions. ``Sec. 406. Regulations. ``Sec. 407. Applicability.''.

Life Insurance Fairness for Travelers Act of 2005 - Amends the Terrorism Risk Insurance Act of 2002 to make it unlawful for any insurer to: (1) deny any person life insurance, or to otherwise discriminate in the issuance, cancellation, amount of coverage, or conditions of life insurance, based upon the person's intent to engage in future lawful foreign travel; and (2) charge rates for life insurance which are excessive or unfairly discriminatory in relation to the actuarial risk associated with future lawful foreign travel of such person. Provides for administrative enforcement of this Act by either: (1) the chief law enforcement officer of a state, or an official or agency designated by a state; or (2) the Secretary of the Treasury.

To establish minimum standards relating to a factor for life insurance eligibility and rates, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Literacy Involves Families Together Act''. SEC. 2. AUTHORIZATION OF APPROPRIATIONS. Section 1002(b) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6302(b)) is amended by striking ``$118,000,000 for fiscal year 1995'' and inserting ``$500,000,000 for fiscal year 2000''. SEC. 3. IMPROVING BASIC PROGRAMS OPERATED BY LOCAL EDUCATIONAL AGENCIES. Section 1111(c) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(c)) is amended-- (1) in paragraph (5), by striking ``and'' at the end; (2) in paragraph (6), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(7) the State educational agency will encourage local educational agencies and individual schools participating in a program assisted under this part to offer family literacy services (using funds under this part), if the agency or school determines that a substantial number of students served under this part by the agency or school have parents who do not have a secondary school diploma or its recognized equivalent or who have low levels of literacy.''. SEC. 4. EVEN START FAMILY LITERACY PROGRAMS. (a) Program Authorized.-- (1) Reservation for migrant programs, outlying areas, and indian tribes.--Section 1202(a) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6362(a)) is amended-- (A) in paragraph (1), by inserting ``(or, if such appropriated amount exceeds $250,000,000, 6 percent of such amount)'' after ``1002(b)''; (B) in paragraph (2), by striking ``If the amount of funds made available under this subsection exceeds $4,600,000,'' and inserting ``After the date of the enactment of the Literacy Involves Families Together Act,''; and (C) by adding at the end the following: ``(3) Coordination of programs for american indians.--The Secretary shall ensure that programs under paragraph (1)(C) are coordinated with family literacy programs operated by the Bureau of Indian Affairs in order to avoid duplication and to encourage the dissemination of information on high-quality family literacy programs serving American Indians.''. (2) Reservation for federal activities.--Section 1202(b) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6362(b)) is amended to read as follows: ``(b) Reservation for Federal Activities.-- ``(1) Evaluation, technical assistance, program improvement, and replication activities.--From amounts appropriated under section 1002(b), the Secretary may reserve not more than 3 percent of such amounts or the amount reserved to carry out the activities described in paragraphs (1) and (2) of subsection (a) for the fiscal year 1994, whichever is greater, for purposes of-- ``(A) carrying out the evaluation required by section 1209; and ``(B) providing, through grants or contracts with eligible organizations, technical assistance, program improvement, and replication activities. ``(2) Research.--In the case of fiscal years 2000 through 2004, if the amounts appropriated under section 1002(b) for any of such years exceed such amounts appropriated for the preceding fiscal year, the Secretary shall reserve from such excess amount $2,000,000 or 50 percent, whichever is less, to carry out section 1211(b). (b) Uses of Funds.--Section 1204 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6364) is amended-- (1) in subsection (b)(1)(A)-- (A) in clause (iv), by striking ``and'' after the semicolon; and (B) by striking clause (v) and adding the following: ``(v) 50 percent in the fifth, sixth, seventh, and eighth such years; and ``(vi) 35 percent in any subsequent such year.''; and (2) by adding at the end the following: ``(c) Use of Funds for Family Literacy Services.-- ``(1) In general.--States may use a portion of funds received under this part to assist eligible entities receiving a subgrant under section 1203(b) in improving the quality of family literacy services provided under Even Start programs under this part, except that in no case may a State's use of funds for this purpose for a fiscal year result in a decrease from the level of activities and services provided to program participants in the preceding year. ``(2) Priority.--In carrying out paragraph (1), a State shall give priority to programs that were of low quality, as evaluated based on the indicators of program quality developed by the State under section 1210. ``(3) Technical assistance and training.--Assistance under paragraph (1) shall be in the form of technical assistance and training, provided by a State through a grant, contract, or cooperative agreement with an entity that has experience in offering high quality training and technical assistance to family literacy providers.''. (c) Program Elements.--Section 1205 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6365) is amended-- (1) by redesignating paragraphs (9) and (10) as paragraphs (10) and (11), respectively; and (2) by inserting after paragraph (8) the following: ``(9) use instructional programs based on scientifically based reading research (as defined in section 2252) for children and, to the extent such research is available, for adults;''. (d) Eligible Participants.--Section 1206(b) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6366(b)) is amended by adding at the end the following: ``(3) Children 8 years of age or older.--If an Even Start program assisted under this part collaborates with a program under part A, and funds received under such part A program contribute to paying the cost of providing programs under this part to children 8 years of age or older, the Even Start program, notwithstanding subsection (a)(2), may permit the participation of children 8 years of age or older.''. (e) Plan.--Section 1207(c)(1)(F) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6367(c)(1)(F)) is amended by striking ``Act, the Goals 2000: Educate America Act,'' and inserting ``Act''. (f) Award of Subgrants.--Section 1208(b) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6368(b)) is amended-- (1) by striking paragraph (3) and inserting the following: ``(3) Continuing eligibility.--In awarding subgrant funds to continue a program under this part after the first year, the State educational agency shall review the progress of each eligible entity in meeting the goals of the program referred to in section 1207(c)(1)(A) and shall evaluate the program based on the indicators of program quality developed by the State under section 1210.''; and (2) in paragraph (5)-- (A) in subparagraph (A), by striking the last sentence; and (B) by amending subparagraph (B) to read as follows: ``(B) The Federal share of any subgrant renewed under subparagraph (A) shall be limited in accordance with section 1204(b).''. (g) Research.--Section 1211 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6369b) is amended-- (1) in subsection (b), by striking ``subsection (a)'' and inserting ``subsections (a) and (b)''; (2) by redesignating subsection (b) as subsection (c); and (3) by inserting after subsection (a) the following: ``(b) Scientifically-Based Research on Family Literacy.-- ``(1) In general.--From amounts reserved under section 1202(b)(2), the National Institute for Literacy shall carry out research that-- ``(A) is scientifically-based reading research (as defined in section 2252); and ``(B) determines-- ``(i) the most effective ways of improving the literacy skills of adults with reading difficulties; and ``(ii) how family literacy services can best provide parents with the knowledge and skills they need to support their children's literacy development. ``(2) Use of expert entity.--The National Institute for Literacy shall carry out the research under paragraph (1) through an entity, including a Federal agency, that has expertise in carrying out longitudinal studies of the development of literacy skills in children and has developed effective interventions to help children with reading difficulties.''. SEC. 5. EDUCATION OF MIGRATORY CHILDREN. Section 1304(b) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6394(b)) is amended-- (1) in paragraph (5), by striking ``and'' at the end; (2) in paragraph (6), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(7) a description of how the State will encourage programs and projects assisted under this part to offer family literacy services if the program or project serves a substantial number of migratory children who have parents who do not have a secondary school diploma or its recognized equivalent or who have low levels of literacy.''. SEC. 6. DEFINITIONS. (a) In General.--Section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801) is amended-- (1) by redesignating paragraphs (15) through (29) as paragraphs (16) through (30), respectively; and (2) by inserting after paragraph (14) the following: ``(15) Family literacy services.--The term `family literacy services' means services provided to participants on a voluntary basis that are of sufficient intensity in terms of hours, and of sufficient duration, to make sustainable changes in a family, and that integrate all of the following activities: ``(A) Interactive literacy activities between parents and their children. ``(B) Training for parents regarding how to be the primary teacher for their children and full partners in the education of their children. ``(C) Parent literacy training that leads to economic self-sufficiency. ``(D) An age-appropriate education to prepare children for success in school and life experiences.''. (b) Conforming Amendments.-- (1) Even start family literacy programs.--Section 1202(e) of the Elementary and Secondary Education Act of 1965 (6362(e)) is amended-- (A) by striking paragraph (3); and (B) by redesignating paragraphs (4) and (5) as paragraphs (3) and (4), respectively. (2) Reading and literacy grants.--Section 2252 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6661a) is amended-- (A) by striking paragraph (2); and (B) by redesignating paragraphs (3) through (5) as paragraphs (2) through (4), respectively. SEC. 7. INDIAN EDUCATION. (a) Early Childhood Development Program.--Section 1143 of the Education Amendments of 1978 (25 U.S.C. 2023) is amended-- (1) in subsection (b)(1)-- (A) by striking ``(f)'' and inserting ``(g)''; and (B) by striking ``(e))'' and inserting ``(f))''; (2) in subsection (d)(1)-- (A) by redesignating subparagraphs (D) and (E) as subparagraphs (E) and (F), respectively; and (B) by inserting after subparagraph (C) the following: ``(D) family literacy services,''; (3) in subsection (e), by striking ``(f),'' and inserting ``(g),''; (4) by redesignating subsections (e) and (f) as subsections (f) and (g), respectively; and (5) by inserting after subsection (d) the following: ``(e) Family literacy programs operated under this section, and other family literacy programs operated by the Bureau of Indian Affairs, shall be coordinated with family literacy programs for American Indian children under part B of title I of the Elementary and Secondary Education Act of 1965 in order to avoid duplication and to encourage the dissemination of information on quality family literacy programs serving American Indians.''. (b) Definitions.--Section 1146 of the Education Amendments of 1978 (25 U.S.C. 2026) is amended-- (1) by redesignating paragraphs (7) through (14) as paragraphs (8) through (15), respectively; and (2) by inserting after paragraph (6) the following: ``(7) the term `family literacy services' has the meaning given such term in section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801);''.

(Sec. 2) Extends through FY 2004 the authorization of appropriations for such Even Start programs, and increases the amounts authorized. (Sec. 3) Requires State plans to assure that State educational agencies (SEAs) will encourage local educational agencies (LEAs) and individual schools participating in a program assisted under ESEA title I part A (Improving Basic Programs Operated by Local Educational Agencies), to use part A funds to offer family literacy services, if the LEA or school determines that a substantial number of students they serve under part A have parents who do not have a secondary school diploma or its recognized equivalent or who have low levels of literacy. (Sec. 4) Directs the Secretary of Education to: (1) reserve an increased portion of part B Even Start funds for migrant programs, outlying areas, and Indian tribes, under specified conditions; (2) award a competitive demonstration grant of sufficient amount and duration for a potentially high-quality family literacy program in a prison that houses women and their preschool age children; (3) ensure coordination of family literacy programs under Even Start with similar programs operated by the Bureau of Indian Affairs (BIA); and (4) reserve specified portions of Even Start excess funds for scientifically-based research on family literacy by the National Institute for Literacy. Limits the Federal share of program costs to 35 percent after the eighth year of Even Start program assistance. Authorizes States to use a portion of Even Start funds to provide technical assistance and training to subgrantees (partnerships of LEAs and eligible organizations) to improve the quality of their family literacy services, giving priority to low-quality programs, provided that such State use of funds for a fiscal year does not result in a decrease from the level of activities and services provided to program participants in the preceding year. Requires Even Start programs to use research-based techniques for helping children learn to read, as well as for helping adults where appropriate research is available. Allows an Even Start program, despite specified age limitations, to permit children eight years of age or older to participate if such program collaborates with a part A program and part A funds are used to pay the cost of providing part B Even Start services to such children. Requires an SEA, in awarding subgrants to continue an Even Start program after the first year, to review the progress of each eligible entity in meeting program goals described in the State plan (as well as, under current law, evaluating the program based on State-developed program quality indicators). Eliminates the eight-year limitation on a subgrantee's receiving Even Start funds. Sets the same limits on the Federal share of renewed subgrants as on Even Start grants. Directs the National Institute for Literacy to use certain reserved Even Start funds for scientifically-based research to determine: (1) the most effective ways of improving literacy skills of adults with reading difficulties; and (2) how family literacy services can best provide parents with knowledge and skills to support their children's literacy development. Requires such research to be carried out through an entity, including a Federal agency, with expertise in doing longitudinal studies of children's literacy skills development, and that has developed effective interventions to help children with reading difficulties. (Sec. 5) Requires State applications for Even Start grants to describe how the State will encourage programs and projects assisted under Even Start to offer family literacy services if the program or project serves a substantial number of migratory children who have parents who do not have a high school diploma or its recognized equivalent or who have low levels of literacy. (Sec. 6) Defines family literacy services under ESEA as services provided to participants on a voluntary basis that are of sufficient intensity in terms of hours, and of sufficient duration, to make sustainable changes in a family, and that integrate all of the following activities: (1) interactive literacy activities between parents and their children; (2) training for parents regarding how to be the primary teacher for their children and full partners in the education of their children; (3) parent literacy training that leads to economic self-sufficiency; and (4) an age-appropriate education to prepare children for success in school and life experiences. (Sec. 7) Amends the Education Amendments Act of 1978 to require BIA-operated family literacy programs, under the early childhood education program for Indian children or other programs, to be coordinated with Even Start family literacy programs under ESEA.

Literacy Involves Families Together Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``True Cost of War Act of 2013''. SEC. 2. REPORT ON LONG-TERM COSTS OF OPERATION IRAQI FREEDOM AND OPERATION ENDURING FREEDOM. (a) Findings.--Congress makes the following findings: (1) The United States has been engaged in military operations in Afghanistan since October 2001 as Operation Enduring Freedom and in military operations in Iraq since March 2003 as Operation Iraqi Freedom and its successor contingency operation, Operation New Dawn. (2) According to the Congressional Research Service, through fiscal year 2013, Congress has appropriated $1,500,000,000,000 for the Department of Defense, for the State Department, and for medical costs paid by the Department of Veterans Affairs. This amount includes $821,000,000,000 related to operations in Iraq and $645,000,000,000 related to operations in Afghanistan. (3) Over 90 percent of the funds appropriated for the Department of Defense for operations in Iraq and Afghanistan have been provided as supplemental or additional appropriations and designated as an emergency funding requirement. (4) The Congressional Budget Office and the Congressional Research Service have stated that future costs for operations in Iraq and Afghanistan are difficult to estimate because the Department of Defense provides little information on costs incurred to date and actual expenditure for operations in Iraq and Afghanistan (because war and baseline funds are mixed in the same accounts) and because of a lack of information from the Department of Defense on many of the key factors that determine costs, including personnel levels and the pace of operations. (5) Over 2,400,000 members of the United States Armed Forces have served in Afghanistan and Iraq since the beginning of the conflicts. (6) Over 4,400 members of the Armed Forces and Department of Defense civilian personnel have been killed in Operation Iraqi Freedom, and over 2,100 members of the Armed Forces and Department of Defense civilian personnel have been killed in Operation Enduring Freedom in Afghanistan. (7) Over 1,715 members of the Armed Forces have suffered amputations as a result of wounds or other injuries incurred in Afghanistan or Iraq. (8) More than 250,000 veterans of military service in Iraq and Afghanistan have been treated for mental health conditions, more than 100,000 of these veterans have been diagnosed with post-traumatic stress disorder, and approximately 253,330 of these veterans have a confirmed traumatic brain injury diagnosis. (9) Approximately 54 percent of veterans of military service in Iraq and Afghanistan have sought treatment at a Department of Veterans Affairs hospital or medical clinic. (10) The Independent Review Group on Rehabilitative Care and Administrative Processes at Walter Reed Army Medical Center and National Naval Medical Center identified traumatic brain injury, post-traumatic stress disorder, increased survival of severe burns, and traumatic amputations as the four signature wounds of the current conflicts, and the Independent Review Group report states that the recovery process ``can take months or years and must accommodate recurring or delayed manifestations of symptoms, extended rehabilitation and all the life complications that emerge over time from such trauma''. (b) Report Requirement.--Not later than 90 days after the date of the enactment of this Act, the President, with contributions from the Secretary of Defense, the Secretary of State, and the Secretary of Veterans Affairs, shall submit to Congress a report containing an estimate of previous costs of Operation New Dawn (the successor contingency operation to Operation Iraqi Freedom) and the long-term costs of Operation Enduring Freedom for a scenario, determined by the President and based on current contingency operation and withdrawal plans, that takes into account expected force levels and the expected length of time that members of the Armed Forces will be deployed in support of Operation Enduring Freedom. (c) Estimates To Be Used in Preparation of Report.--In preparing the report required by subsection (b), the President shall make estimates and projections through at least fiscal year 2023, adjust any dollar amounts appropriately for inflation, and take into account and specify each of the following: (1) The total number of members of the Armed Forces expected to be deployed in support of Operation Enduring Freedom, including-- (A) the number of members of the Armed Forces actually deployed in Southwest Asia in support of Operation Enduring Freedom; (B) the number of members of reserve components of the Armed Forces called or ordered to active duty in the United States for the purpose of training for eventual deployment in Southwest Asia, backfilling for deployed troops, or supporting other Department of Defense missions directly or indirectly related to Operation Enduring Freedom; and (C) the break-down of deployments of members of the regular and reserve components and activation of members of the reserve components. (2) The number of members of the Armed Forces, including members of the reserve components, who have previously served in support of Operation Iraqi Freedom, Operation New Dawn, or Operation Enduring Freedom and who are expected to serve multiple deployments. (3) The number of contractors and private military security firms that have been used and are expected to be used during the course of Operation Iraqi Freedom, Operation New Dawn, and Operation Enduring Freedom. (4) The number of veterans currently suffering and expected to suffer from post-traumatic stress disorder, traumatic brain injury, or other mental injuries. (5) The number of veterans currently in need of and expected to be in need of prosthetic care and treatment because of amputations incurred during service in support of Operation Iraqi Freedom, Operation New Dawn, or Operation Enduring Freedom. (6) The current number of pending Department of Veterans Affairs claims from veterans of military service in Iraq and Afghanistan, and the total number of such veterans expected to seek disability compensation from the Department of Veterans Affairs. (7) The total number of members of the Armed Forces who have been killed or wounded in Iraq or Afghanistan, including noncombat casualties, the total number of members expected to suffer injuries in Afghanistan, and the total number of members expected to be killed in Afghanistan, including noncombat casualties. (8) The amount of funds previously appropriated for the Department of Defense, the Department of State, and the Department of Veterans Affairs for costs related to Operation Iraqi Freedom, Operation New Dawn, and Operation Enduring Freedom, including an account of the amount of funding from regular Department of Defense, Department of State, and Department of Veterans Affairs budgets that has gone and will go to costs associated with such operations. (9) Previous, current, and future operational expenditures associated with Operation Enduring Freedom and, when applicable, Operation Iraqi Freedom and Operation New Dawn, including-- (A) funding for combat operations; (B) deploying, transporting, feeding, and housing members of the Armed Forces (including fuel costs); (C) activation and deployment of members of the reserve components of the Armed Forces; (D) equipping and training of Iraqi and Afghani forces; (E) purchasing, upgrading, and repairing weapons, munitions, and other equipment consumed or used in Operation Iraqi Freedom, Operation New Dawn, or Operation Enduring Freedom; and (F) payments to other countries for logistical assistance in support of such operations. (10) Past, current, and future costs of entering into contracts with private military security firms and other contractors for the provision of goods and services associated with Operation Iraqi Freedom, Operation New Dawn, and Operation Enduring Freedom. (11) Average annual cost for each member of the Armed Forces deployed in support of Operation Enduring Freedom, including room and board, equipment and body armor, transportation of troops and equipment (including fuel costs), and operational costs. (12) Current and future cost of combat-related special pays and benefits, including reenlistment bonuses. (13) Current and future cost of calling or ordering members of the reserve components to active duty in support of Operation Enduring Freedom. (14) Current and future cost for reconstruction, embassy operations and construction, and foreign aid programs for Iraq and Afghanistan. (15) Current and future cost of bases and other infrastructure to support members of the Armed Forces serving in Afghanistan. (16) Current and future cost of providing health care for veterans who served in support of Operation Iraqi Freedom, Operation New Dawn, or Operation Enduring Freedom, including-- (A) the cost of mental health treatment for veterans suffering from post-traumatic stress disorder and traumatic brain injury, and other mental problems as a result of such service; and (B) the cost of lifetime prosthetics care and treatment for veterans suffering from amputations as a result of such service. (17) Current and future cost of providing Department of Veterans Affairs disability benefits for the lifetime of veterans who incur disabilities while serving in support of Operation Iraqi Freedom, Operation New Dawn, or Operation Enduring Freedom. (18) Current and future cost of providing survivors' benefits to survivors of members of the Armed Forces killed while serving in support of Operation Iraqi Freedom, Operation New Dawn, or Operation Enduring Freedom. (19) Cost of bringing members of the Armed Forces and equipment back to the United States upon the conclusion of Operation Enduring Freedom, including the cost of demobilization, transportation costs (including fuel costs), providing transition services for members of the Armed Forces transitioning from active duty to veteran status, transporting equipment, weapons, and munitions (including fuel costs), and an estimate of the value of equipment that will be left behind. (20) Cost to restore the military and military equipment, including the equipment of the reserve components, to full strength after the conclusion of Operation Enduring Freedom. (21) Amount of money borrowed to pay for Operation Iraqi Freedom, Operation New Dawn, and Operation Enduring Freedom, and the sources of that money. (22) Interest on money borrowed, including interest for money already borrowed and anticipated interest payments on future borrowing, for Operation Iraqi Freedom, Operation New Dawn, and Operation Enduring Freedom.

True Cost of War Act of 2013 - Directs the President, with contributions from the Secretary of Defense (DOD), the Secretary of State, and the Secretary of Veterans Affairs (VA), to provide Congress with an estimate of the long-term costs of Operation New Dawn (the successor contingency operation to Operation Iraqi Freedom) and Operation Enduring Freedom based on current contingency operation and withdrawal plans, that takes into account expected force levels and the expected length of time that members of the Armed Forces will be deployed in support of Operation Enduring Freedom. Requires the President, in preparing such report, to make estimates and projections through at least FY2023, and to take into account specified cost factors.

True Cost of War Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Adoption Equality Act of 1999''. SEC. 2. PROMOTION OF ADOPTION OF CHILDREN WITH SPECIAL NEEDS. (a) In General.--Section 473(a) of the Social Security Act (42 U.S.C. 673(a)) is amended by striking paragraph (2) and inserting the following: ``(2)(A) For purposes of paragraph (1)(B)(ii), a child meets the requirements of this paragraph if such child-- ``(i)(I) at the time of termination of parental rights was in the care of a public or licensed private child placement agency or Indian tribal organization pursuant to a voluntary placement agreement, relinquishment, or involuntary removal of the child from the home, and the State has determined, pursuant to criteria established by the State (which may, but need not, include a judicial determination), that continuation in the home would be contrary to the safety or welfare of such child; ``(II) meets all medical or disability requirements of title XVI with respect to eligibility for supplemental security income benefits; or ``(III) was residing in a foster family home or child care institution with the child's minor parent (pursuant to a voluntary placement agreement, relinquishment, or involuntary removal of the child from the home, and the State has determined, pursuant to criteria established by the State (which may, but need not, include judicial determination), that continuation in the home would be contrary to the safety or welfare of such child); and ``(ii) has been determined by the State, pursuant to subsection (c), to be a child with special needs, which needs shall be considered by the State, together with the circumstances of the adopting parents, in determining the amount of any payments to be made to the adopting parents. ``(B) Notwithstanding any other provision of law, and except as provided in paragraph (7), a child who is not a citizen or resident of the United States and who meets the requirements of subparagraph (A) shall be treated as meeting the requirements of this paragraph for purposes of paragraph (1)(B)(ii). ``(C) A child who meets the requirements of subparagraph (A), who was determined eligible for adoption assistance payments under this part with respect to a prior adoption (or who would have been determined eligible for such payments had the Adoption and Safe Families Act of 1997 been in effect at the time that such determination would have been made), and who is available for adoption because the prior adoption has been dissolved and the parental rights of the adoptive parents have been terminated or because the child's adoptive parents have died, shall be treated as meeting the requirements of this paragraph for purposes of paragraph (1)(B)(ii).''. (b) Exception.--Section 473(a) of the Social Security Act (42 U.S.C. 673(a)) is amended by adding at the end the following: ``(7)(A) Notwithstanding any other provision of this subsection, no payment may be made to parents with respect to any child that-- ``(i) would be considered a child with special needs under subsection (c); ``(ii) is not a citizen or resident of the United States; and ``(iii) was adopted outside of the United States or was brought into the United States for the purpose of being adopted. ``(B) Subparagraph (A) shall not be construed as prohibiting payments under this part for a child described in subparagraph (A) that is placed in foster care subsequent to the failure, as determined by the State, of the initial adoption of such child by the parents described in such subparagraph.''. (c) Requirement for Use of State Savings.--Section 473(a) of the Social Security Act (42 U.S.C. 673(a)), as amended by subsection (b), is amended by adding at the end the following: ``(8) A State shall spend an amount equal to the amount of savings (if any) in State expenditures under this part resulting from the application of paragraph (2) on and after the effective date of the amendment to such paragraph made by section 2(a) of the Adoption Equality Act of 1999 to provide to children or families any service (including post-adoption services) that may be provided under this part or part B.''. (d) Determination of a Child With Special Needs.--Section 473(c) of the Social Security Act (42 U.S.C. 673(c)) is amended to read as follows: ``(c) For purposes of this section, a child shall not be considered a child with special needs unless-- ``(1)(A) the State has determined, pursuant to a criteria established by the State (which may or may not include a judicial determination), that the child cannot or should not be returned to the home of his parents; or ``(B) the child meets all medical or disability requirements of title XVI with respect to eligibility for supplemental security income benefits; and ``(2) the State has determined-- ``(A) that there exists with respect to the child a specific factor or condition (such as ethnic background, age, or membership in a minority or sibling group, or the presence of factors such as medical conditions or physical, mental, or emotional handicaps) because of which it is reasonable to conclude that the child cannot be placed with adoptive parents without providing adoption assistance under this section and medical assistance under title XIX; and ``(B) that except where it would be against the best interests of the child because of such factors as the existence of significant emotional ties with prospective adoptive parents while in the care of such parents as a foster child, a reasonable, but unsuccessful, effort has been made to place the child with appropriate adoptive parents without providing adoption assistance under this section or medical assistance under title XIX.''. (d) Effective Date.--The amendments made by this section shall take effect on October 1, 1999.

Adoption Equality Act of 1999 - Amends title IV part E (Federal Payments for Foster Care and Adoption Assistance) of the Social Security Act (SSA) to revise adoption assistance eligibility guidelines for children with special needs. Makes eligible for such assistance only children with special needs who before termination of parental rights and the initiation of adoption proceedings were: (1) in the care of a public or licensed private child care agency or Indian tribal organization, either pursuant to a voluntary placement agreement or as a result of a judicial determination to the effect that continuation in the home would be contrary to the child's safety and welfare; or (2) residing in a foster family home or child care institution with the child's minor parent. Requires a State to consider such special needs, together with the circumstances of the adopting parents, in determining the amount of Federal adoption subsidies paid to them. Prohibits assistance with respect to any child who is not a U.S. citizen or resident and who was adopted outside the United States or was brought into it for adoption purposes. Revises the criteria for determining a child with special needs to: (1) specify that State criteria for determining that a child cannot or should not be returned to the home of his parents need not include a judicial determination; and (2) allow, in the alternative, that the child meets all medical or disability requirements for benefits under SSA title XVI (Supplemental Security Income).

Adoption Equality Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans Transitional Housing Opportunities Act of 1998''. SEC. 2. LOAN GUARANTEE FOR MULTIFAMILY TRANSITIONAL HOUSING FOR HOMELESS VETERANS. (a) In General.--Chapter 37 of title 38, United States Code, is amended by adding at the end the following new subchapter: ``SUBCHAPTER VI--LOAN GUARANTEE FOR MULTIFAMILY TRANSITIONAL HOUSING FOR HOMELESS VETERANS ``Sec. 3771. Definitions ``For purposes of this subchapter-- ``(1) the term `veteran' has the meaning given such term by paragraph (2) of section 101; ``(2) the term `homeless veteran' means a veteran who is a homeless individual; and ``(3) the term `homeless individual' has the same meaning as such term has within the meaning of section 103 of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11302). ``Sec. 3772. General authority ``(a) The Secretary may guarantee the full or partial repayment of a loan that meets the requirements of this subchapter. ``(b)(1) Not more than 15 loans may be guaranteed under subsection (a), of which not more than 5 such loans may be guaranteed during the 3-year period beginning on the date of enactment of the Veterans Transitional Housing Opportunities Act of 1998. ``(2) A guarantee of a loan under subsection (a) shall be in an amount that is not less than the amount necessary to sell the loan in a commercial market. ``(3) Not more than an aggregate amount of $100,000,000 in loans may be guaranteed under subsection (a). ``(c) A loan may not be guaranteed under this subchapter unless, prior to closing such loan, the Secretary has approved such loan. ``(d)(1) The Secretary shall enter into contracts with a qualified nonprofit organization to obtain advice in carrying out this subchapter, including advice on the terms and conditions necessary for a loan that meets the requirements of section 3773. ``(2) For purposes of paragraph (1), a qualified nonprofit organization is a nonprofit organization-- ``(A) described in paragraph (3) or (4) of subsection (c) of section 501 of the Internal Revenue Code of 1986 and exempt from tax under subsection (a) of such section; and ``(B) that has experience in underwriting transitional housing projects. ``(e) The Secretary may carry out this subchapter in advance of the issuance of regulations for such purpose. ``(f) The Secretary may guarantee loans under this subchapter notwithstanding any requirement for prior appropriations for such purpose under any provision of law. ``Sec. 3773. Requirements ``(a) A loan referred to in section 3772 meets the requirements of this subchapter if-- ``(1) the loan is for-- ``(A) construction of, rehabilitation of, or acquisition of land for a multifamily transitional housing project described in subsection (b), or more than one of such purposes; ``(B) refinancing of an existing loan for such a project; ``(C) financing acquisition of furniture, equipment, supplies, or materials for such a project; or ``(D) in the case of a loan made for purposes of subparagraph (A), supplying such organization with working capital relative to such a project; ``(2) the loan is made in connection with funding or the provision of substantial property or services for such project by either a State or local government or a nongovernmental entity, or both; ``(3) the maximum loan amount does not exceed the lesser of-- ``(A) that amount generally approved (utilizing prudent underwriting principles) in the consideration and approval of projects of similar nature and risk so as to assure repayment of the loan obligation; and ``(B) 90 percent of the total cost of the project; ``(4) the loan is of sound value, taking into account the creditworthiness of the entity (and the individual members of the entity) applying for such loan; ``(5) the loan is secured; and ``(6) the loan is subject to such terms and conditions as the Secretary determines are reasonable, taking into account other housing projects with similarities in size, location, population, and services provided. ``(b) For purposes of this subchapter, a multifamily transitional housing project referred to in subsection (a)(1) is a project that-- ``(1)(A) provides transitional housing to homeless veterans, which housing may be single room occupancy (as defined in section 8(n) of the United States Housing Act of 1937 (42 U.S.C. 1437f(n))); ``(B) provides supportive services and counselling services (including job counselling) at the project site with the goal of making such veterans self-sufficient; ``(C) requires that the veteran seek to obtain and keep employment; ``(D) charges a reasonable fee for occupying a unit in such housing; ``(E) maintains strict guidelines regarding sobriety as a condition of occupying such unit; and ``(F) may include space for neighborhood retail services or job training programs; and ``(2) may provide transitional housing to veterans who are not homeless and to homeless individuals who are not veterans if-- ``(A) at the time of taking occupancy by any such veteran or homeless individual, the transitional housing needs of homeless veterans in the project area have been met; ``(B) the housing needs of any such veteran or homeless individual can be met in a manner that is compatible with the manner in which the needs of homeless veterans are met under paragraph (1); and ``(C) the provisions of subparagraphs (D) and (E) of paragraph (1) are met. ``(c) In determining whether to guarantee a loan under this subchapter, the Secretary shall consider-- ``(1) the availability of Department of Veterans Affairs medical services to residents of the multifamily transitional housing project; and ``(2) the extent to which needs of homeless veterans are met in a community, as assessed under section 107 of Public Law 102-405. ``Sec. 3774. Default ``(a) The Secretary shall take such steps as may be necessary to obtain repayment on any loan that is in default and that is guaranteed under this subchapter. ``(b) Upon default of a loan guaranteed under this subchapter and terminated pursuant to State law, a lender may file a claim under the guarantee for an amount not to exceed the lesser of-- ``(1) the maximum guarantee; or ``(2) the difference between-- ``(A) the total outstanding obligation on the loan, including principal, interest, and expenses authorized by the loan documents, through the date of the public sale (as authorized under such documents and State law); and ``(B) the amount realized at such sale. ``Sec. 3775. Audit ``During each of the first 3 years of operation of a multifamily transitional housing project with respect to which a loan is guaranteed under this subchapter, there shall be an annual, independent audit of such operation. Such audit shall include a detailed statement of the operations, activities, and accomplishments of such project during the year covered by such audit. The party responsible for obtaining such audit (and paying the costs therefor) shall be determined before the Secretary issues a guarantee under this subchapter.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 37 of title 38, United States Code, is amended by adding at the end the following new items: ``SUBCHAPTER VI--LOAN GUARANTEE FOR MULTIFAMILY TRANSITIONAL HOUSING FOR HOMELESS VETERANS ``3771. Definitions. ``3772. General authority. ``3773. Requirements. ``3774. Default. ``3775. Audit.''. Passed the House of Representatives May 19, 1998. Attest: ROBIN H. CARLE, Clerk.

Veterans Transitional Housing Opportunities Act of 1998 - Authorizes the Secretary of Veterans Affairs to guarantee the full or partial repayment of loans for the provision of multifamily transitional housing (MTH) for homeless veterans. Sets a maximum aggregate amount of $100 million and a maximum number of 15 such loans that may be guaranteed, not more than five of which may be guaranteed during the first three years after enactment of this Act. Outlines provisions concerning: (1) loan requirements; (2) requirements for veterans being provided MTH assistance; and (3) loan default procedures. Requires each MTH project to be audited during its first three years of operation.

Veterans Transitional Housing Opportunities Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``Cultural Conservation of the Crossroads of Civilization Act''. SEC. 2. FINDINGS. The Congress finds as follows: (1) Afghanistan enjoys a geographical position that made it a crossroads of civilizations. Its tumultuous history can be traced back as early as the 4th millennium B.C. and, as a result, it is a living tapestry of ethnic and linguistic cultures. Historically as well as artistically, it is a major contributor to the world community. (2) Afghanistan, flanked by Central, West, and South Asia, has seen waves of migrating peoples pass through what has been referred to as the roundabout of the ancient world. (3) Archaeologists have identified evidence of Stone Age technology and a 20,000-year-old sculpture head in Aq Kupruk. (4) The earliest settlers in Afghanistan, who migrated from northern territories approximately 50,000 years ago, lived as individual hunters in the caves of the northern Hindu Kush mountains. (5) Evidence has been uncovered at the foothills of the Hindu Kush Mountains and Darra-e Dadil (near Darra-e Suf), Hazara Sum (near Aibak), and Qara Kamar (near Khulm) indicating that North Afghanistan was home to the earliest domestic plants and animals. (6) The Khyber Pass, a 33-mile passage through the Hindu Kush mountain range and dating back to 326 B.C., connects the northern frontier of Pakistan with Afghanistan. (7) During the 4th century B.C., Alexander the Great defeated Darius III. Later on, the last Achaemenid ruler took control of Afghanistan and introduced to the region Hellenistic civilizations as well as new coins and artistic styles. (8) Alexander the Great and his army marched through the Kunar Valley to reach the plains of India. The Aryan, Persian, and Greek armies and the Scythian, White Huns, Seljuk, Tartar, Mongol, Turk, Moghol, and Durrani armies made successful inroads into territories beyond the Peshawar Valley and Hindukosh Valleys. (9) Graeco-Buddhist Gandharan culture reached its height during the Kushan Empire of Afghanistan. (10) During the Kushan Empire, under King Kanishka, Buddha was for the first time represented with a human face. Centuries later, the world's largest standing Buddha statues, between 120-175 feet tall, were carved into the Great Cliff of Bamiyan. (11) The Silk Road passed through Afghanistan, bringing Roman glass and Chinese lacquer ware. (12) In 962, the rise of the Ghaznavid Dynasty ushered in the Islamic era and gave Afghanistan a permanent political and cultural role in Islamic civilization. (13) In 1219, Changiz (Genghis) Khan invaded Bukhara to avenge the looting of his caravan. Changiz eventually defeated Khwarazn Shah and proceeded through Afghanistan in his conquest of Asia. (14) Most archaeological material excavated in Afghanistan during the 20th century was housed in the National Museum in Kabul or in regional museums. (15) The Archaeological Institute of America has published articles listing thousands of artifacts that are among the stolen or imperiled treasures of the National Museum in Kabul. (16) The nation of Afghanistan has endured a raping and pillage of its cultural property over the past two decades, leading Abdul Wasey Feroozi, former director of the National Archaeological Institute in Kabul, to state, ``The catastrophe of war annihilated seventy years of our hard work and accomplishments. In the period from 1992 to 1994 . . . over 70 percent of the Kabul National Museum was burned and damaged and 100 percent of the objects were stolen or vandalized. Illegal excavations and extensive clandestine digging started at most historical sites, and thousands of valuable objects were transported to other countries, notably through Pakistan, to the international markets.''. (17) It should be recognized that the cultural heritage of Afghanistan is at extreme peril and this legislation is a result of a profound concern for the damage to Afghan antiquities, sites, monuments, and cultural institutions. SEC. 3. EMERGENCY IMPLEMENTATION OF IMPORT RESTRICTIONS. (a) Authority.--The President may exercise the authority the President has under section 304 of the Convention on Cultural Property Implementation Act (19 U.S.C. 2603) with respect to any archaeological or ethnological material of Afghanistan as if Afghanistan were a State Party under that Act, except that, in exercising such authority, subsection (c) of such section shall not apply. (b) Definition.--In this section, the term ``archaeological or ethnological material of Afghanistan'' means cultural property of Afghanistan and other items of archaeological, historical, cultural, rare scientific, or religious importance (including coins, manuscripts, and statuary artifacts) illegally removed, after the date of the enactment of this Act, from the National Museum in Kabul or other locations, including archaeological sites, in Afghanistan. SEC. 4. TERMINATION OF AUTHORITY. The authority of the President under section 3 shall terminate upon the earlier of-- (1) the date that is 5 years after the date on which the President certifies to the Congress that normalization of relations between the United States and the Government of Afghanistan has been established; or (2) September 30, 2010.

Cultural Conservation of the Crossroads of Civilization Act - Authorizes the President to exercise authority under the Convention on Cultural Property Implementation Act to implement specified emergency restrictions on imports in order to protect certain archaeological or ethnological materials of Afghanistan which are illegally removed after enactment of this Act. Authorizes such measures as if Afghanistan were a State Party under such Act. Terminates the President's authority under this Act upon the earlier of: (1) five years after the President certifies normalization of U.S.-Afghanistan relations; or (2) September 30, 2010.

To authorize the President to take certain actions to protect archaeological or ethnological materials of Afghanistan.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fuel Cell Tax Extenders Act of 2015''. SEC. 2. EXTENSION AND MODIFICATION OF FUEL CELL CREDITS. (a) Extension of Residential Energy Efficient Property Credit for Qualified Fuel Cell Property.-- (1) In general.--Section 25D(g) of the Internal Revenue Code of 1986 is amended by inserting after ``property placed in service after December 31, 2016'' the following: ``(December 31, 2021, in the case of qualified fuel cell property (as defined in section 48(c)(1)))''. (2) Effective date.--The amendment made by this subsection shall apply to property placed in service after the date of the enactment of this Act. (b) Extension of Energy Credit.-- (1) In general.--Section 48(c)(1)(D) of the Internal Revenue Code of 1986 is amended-- (A) by striking ``for any period'' and inserting ``on which construction was commenced'', and (B) by striking ``December 31, 2016'' and inserting ``December 31, 2021''. (2) Effective date.--The amendments made by this subsection shall apply to property on which construction was commenced after the date of the enactment of this Act. SEC. 3. EXTENSION AND MODIFICATION OF HYDROGEN-RELATED CREDITS. (a) Extension of Alternative Motor Vehicle Credit.-- (1) In general.--Section 30B(k)(1) of the Internal Revenue Code of 1986 is amended by striking ``December 31, 2014'' and inserting ``December 31, 2021''. (2) Effective date.--The amendment made by this subsection shall apply to property purchased after December 31, 2014. (b) Extension and Modification of Alternative Fuel Vehicle Refueling Property Credit.-- (1) Extension.--Section 30C(g) of the Internal Revenue Code of 1986 is amended by striking ``placed in service after December 31, 2014'' and inserting the following: ``placed in service-- ``(1) in the case of property relating to hydrogen, after December 31, 2021, and ``(2) in the case of any other property, after December 31, 2014''. (2) Increase in limitation.--Section 30C(b) of the Internal Revenue Code of 1986 is amended-- (A) in paragraph (1) by striking ``, and'' and inserting ``that does not relate to hydrogen,'', (B) by redesignating paragraph (2) as paragraph (3), and (C) by inserting after paragraph (1) the following new paragraph: ``(2) $200,000 in the case of a property of a character subject to an allowance for depreciation that relates to hydrogen, and''. (3) Expansion of credit for hydrogen-related alternative fuel vehicle refueling property.-- (A) In general.--Section 30C(c) of the Internal Revenue Code of 1986 is amended by striking ``and'' at the end of paragraph (1), by striking the period at the end of paragraph (2) and inserting ``, and'', and by adding at the end the following new paragraph: ``(3) with respect to property described in section 179A(d)(3)(A) for the storage or dispensing of fuel at least 85 percent of the volume of which consists of hydrogen, the reference to motor vehicles in section 179A(d)(3)(A) includes specified off-highway vehicles.''. (B) Specified off-highway vehicles defined.-- Section 30C(e) of such Code is amended by striking paragraph (6) and inserting the following: ``(6) Specified off-highway vehicles.--For purposes of subsection (c)(3)-- ``(A) In general.--The term `specified off-highway vehicles' means all types of vehicles propelled by motor that are designed for carrying or towing loads from one place to another, regardless of the type of load or material carried or towed and whether or not the vehicle is registered or required to be registered for highway use, including fork lift trucks used to carry loads at railroad stations, industrial plants, and warehouses. ``(B) Exceptions.--Such term does not include-- ``(i) farm tractors, trench diggers, power shovels, bulldozers, road graders or rollers, and similar equipment which does not carry or tow a load, and ``(ii) any vehicle that operates exclusively on a rail or rails.''. (4) Effective date.--The amendments made by this subsection shall apply to property placed in service after December 31, 2014. (c) Extension and Modification of Alternative Fuel Credit for Hydrogen.-- (1) Extension.--Section 6426(d)(5) of the Internal Revenue Code of 1986 is amended by inserting after ``December 31, 2014'' the following: ``(December 31, 2021, in the case of any sale or use involving hydrogen)''. (2) Expansion of credit to all hydrogen.--Section 6426(d)(2)(D) of such Code is amended by striking ``liquefied hydrogen'' and inserting ``hydrogen''. (3) Effective date.--The amendments made by this subsection shall apply to property sold or used after December 31, 2014.

Fuel Cell Tax Extenders Act of 2015 This bill amends the Internal Revenue Code to extend through 2021: the residential energy efficient property tax credit for qualified fuel cell property, the energy tax credit for qualified fuel cell property, the alternative motor vehicle tax credit for qualified fuel cell motor vehicles, the tax credit for alternative fuel vehicle refueling property relating to hydrogen, and the excise tax credit for the sale or use of alternative fuels involving hydrogen.

Fuel Cell Tax Extenders Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Aviation Revitalization Act of 1993''. SEC. 2. DECLARATION OF POLICY. Congress finds and declares the following: (1) The United States commercial airline industry is currently suffering severe financial distress. (2) Sustained record losses and excessive debt burdens are causing air carriers to cancel new aircraft options and orders which, in turn, is threatening the economic viability of the United States aerospace manufacturing industry. (3) Many air carriers are increasingly unable to obtain financing at reasonable interest rates for purchasing new equipment. (4) The inability of many air carriers to acquire new, quieter, more fuel efficient Stage 3 aircraft may jeopardize the planned phaseout of noisier Stage 2 aircraft. (5) A Federal loan guarantee program should, therefore, be established to support the financing of new aircraft, or new aircraft components, in a way that assures the phasing out of less fuel-efficient, noisier, and older aircraft at the same time. SEC. 3. AUTHORIZATION TO GUARANTEE FINANCING OF NEW AIRCRAFT. Title XI of the Federal Aviation Act of 1958 (49 App. U.S.C. 1501 et seq.) is amended by adding at the end the following new section: ``SEC. 1119. FINANCING OF NEW AIRCRAFT. ``(a) Authorization of Loan Guarantee Program.--The Secretary is authorized to guarantee loans for the financing of new aircraft, or new aircraft components, for use by air carriers that meet the terms and conditions set forth in subsection (b) and that agree to pay (directly if the carrier is the loan guarantee recipient, or indirectly if another person is loan guarantee recipient) subsidy fees assessed under subsection (e). Subject to subsection (b), such guarantees may be made with respect to-- ``(1) loans to an air carrier that will use such new aircraft or such new aircraft components; or ``(2) loans to a person purchasing such new aircraft, or such new aircraft components, for lease to and use by an air carrier. ``(b) Terms and Conditions.--A loan guarantee under this section shall be subject to the following terms and conditions: ``(1) The loan guarantee must lead to the delivery of new aircraft, or new aircraft components, to an air carrier certificated under part 121 of title 14, Code of Federal Regulations, and such delivery shall occur no later than December 31, 1999. ``(2) The loan guarantee must be made for the purpose of financing the acquisition of new aircraft, or new aircraft components, that comply with Stage 3 noise standards. ``(3) The loan guarantee shall only be available for the purchase of new aircraft, or new aircraft components, from companies that both-- ``(A) publish independently audited financial disclosure information and financial results; and ``(B) also are domiciled in countries that comply with all major international agreements governing aerospace trade, including but not limited to the GATT Civil Aircraft Agreement, the GATT Subsidies Code, the United States-European Community bilateral aircraft agreement, the OECD Large Aircraft Sector Understanding, and bilateral air services agreements with the United States. ``(4) In the case of any air carrier taking delivery of a new aircraft financed under this section which owns or operates either aging aircraft or Stage 2 aircraft, such air carrier as borrower or lessee must, except as provided in paragraph (5), agree that, after April 1, 1993, it did remove from service, or that no later than the sixtieth day after the aircraft being financed is placed on the air carrier's operations specifications under part 121 of title 14, Code of Federal Regulations, or December 31, 1999, whichever occurs first, it will remove from service-- ``(A) sufficient aging aircraft or Stage 2 aircraft which, at maximum certified capacity, equal or exceed, in the aggregate and pursuant to rules promulgated by the Secretary, 200 per centum of the number of seats (or in the case of all-cargo aircraft 200 per centum of cargo capacity) of the new aircraft being financed; or ``(B) all of its remaining aging aircraft and Stage 2 aircraft, whichever number of aircraft is less; except that in the event the maximum capacity of such aircraft removed from service exceeds the number of seats or cargo capacity required under this section, such excess seat or cargo capacity may be carried forward as a credit available to be added to the capacity of other aircraft removed from service for the purpose of complying with this section for subsequent loan guarantees. ``(5) When an air carrier described in paragraph (4) is taking delivery of only all-cargo aircraft, the carrier may, in lieu of removing Stage 2 all-cargo aircraft from service, modify on or after April 15, 1993, such Stage 2 aircraft in order to meet Stage 3 noise standards on the same number of such Stage 2 aircraft that otherwise would have had to be removed from service within the contiguous States of the United States under paragraph (4); except that such modified aircraft must remain configured for all-cargo service and shall not be converted to passenger-cargo combination service. ``(6) Each aircraft removed from service by an air carrier under paragraph (4) shall be taken off the registry of certificated aircraft by the Secretary and may not subsequently be registered in the United States; except that-- ``(A) the Secretary may continue to keep an aircraft on the registry of certificated aircraft if such aircraft-- ``(i) is not based in any of the several States of the United States and is engaged in common carriage entirely outside the several States; or ``(ii) is used solely outside the contiguous States of the United States; and ``(B) in a case where the aircraft removed from service is owned by a person not affiliated with such air carrier and was operated by such air carrier under lease on or before April 1, 1993, the Secretary may continue to keep such aircraft on the registry of certificated aircraft if such owner brings such aircraft into compliance with Stage 3 noise standards prior to its lease or sale to another air carrier or lessor. ``(7) An air carrier which is to take delivery of a new aircraft, or new aircraft components, financed under this section must warrant that it did not after August 1, 1993, and will not on and after the date of enactment of this section, place in service any aging aircraft or Stage 2 aircraft to its fleet. ``(8) An air carrier's violation of the warranty under paragraph (7) shall constitute a revocation of all outstanding loan guarantees under this section that were made for the purpose of financing delivery of new aircraft, or new aircraft components, to such air carrier. ``(9) The Secretary may not grant a waiver, to any air carrier that takes delivery of a new aircraft, or new aircraft components, financed by a loan guarantee under this section, that would allow such air carrier to operate Stage 2 aircraft beyond December 31, 1999, in interstate air transportation. ``(10) At least 75 per centum of any new aircraft, or new aircraft components, financed by a loan guarantee under this section shall be manufactured or produced in the United States. ``(c) Regulations.--No later than sixty days after the date of enactment of this section, the Secretary shall promulgate regulations implementing the loan guarantee program authorized by this section. ``(d) Fiduciary Duties of Secretary.-- ``(1) In general.--To implement this section, the Secretary-- ``(A) shall apply reasonable and prudent fiduciary standards in determining whether to make any specific loan guarantee, and is authorized to take such action as may be appropriate to enforce any right accruing to the United States or any officer or agency thereof as a result of making a loan guarantee under this section; ``(B) shall make loan guarantees on rates, terms, and conditions which, in the judgment of the Secretary, offer reasonable assurance of repayment; ``(C) may require that loans guaranteed under this section be secured by the new aircraft or new aircraft components being financed, to provide sufficient collateral; and ``(D) may not guarantee a loan amount that is more than 85 per centum of the manufacturer's price to the air carrier of the new aircraft, or new aircraft components, being financed. ``(2) Security interest.--If the Secretary requires collateral under paragraph (1)(C)-- ``(A) such collateral, to the extent of the guaranteed loan and associated fees, shall be deemed to be subject to a purchase-money equipment security interest in the new aircraft or new aircraft components for purposes of section 1110 or title 11, United States Code; and ``(B) the Secretary may also authorize a security interest in such collateral, or an equal and pro rata basis or as may be otherwise agreed by the Secretary, for persons providing loans that are not guaranteed under this section but that finance any portion of the price of such new aircraft or new aircraft components. ``(e) Assessment of Fees.-- ``(1) In general.--A loan guarantee under this section shall remain in effect only so long as the loan guarantee recipient pays the subsidy fee assessed under paragraph (2). ``(2) Subsidy fee.--For each loan guarantee under this section, the Secretary shall assess and collect a subsidy fee from the loan guarantee recipient that is equal to the cost, as defined by section 502(5) of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a(5)), of such guarantee. ``(f) Annual Report.--The Secretary shall, not later than March 1 of each year, submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Public Works and Transportation of the House of Representatives a report that-- ``(1) describes the progress of the loan guarantee program authorized by this section; ``(2) identifies any problems with such program; and ``(3) describes the loan guarantees made under this section, including the identity of the air carriers and other persons receiving loans to which such guarantees apply. ``(g) Definitions.--As used in this section, the following definitions apply: ``(1) Aging aircraft.--The term `aging aircraft' means one or more airplanes that were placed into service more than twenty-two years prior to the date of enactment of this section. ``(2) New aircraft.--The term `new aircraft' means one or more newly manufactured airplanes, including associated spare parts and engines included in the original purchase, that have not been previously registered or placed into service. ``(3) New aircraft components.--The term `new aircraft components' means components or parts (or both), of an aircraft, that can be financed separately from the body or frame of the aircraft, including jet engines, Administrator- approved Stage 3 hush kits for jet engines, and avionics systems. ``(4) Remove from service.--The term `remove from service' means to-- ``(A) eliminate, permanently and irrevocably, aircraft from the fleet of an air carrier on or after April 15, 1993; ``(B) transfer aircraft to another air carrier, after April 1, 1993, but before the date of enactment of this section, for use in common carriage entirely outside the several States of the United States; or ``(C) remove aircraft permanently and entirely from use in common carriage in the United States. ``(5) Secretary.--The term `Secretary' means the Secretary of Transportation. ``(6) Stage 2 aircraft.--The term `Stage 2 aircraft' means one or more airplanes as defined by section 36.1(f)(4) of title 14, Code of Federal Regulations, as in effect on the date of enactment of this section. ``(7) Stage 3 aircraft.--The term `Stage 3 aircraft' means one or more airplanes as defined by section 36.1(f)(6) of title 14, Code of Federal Regulations, as in effect on the date of enactment of this section.''.

Aviation Revitalization Act of 1993 - Amends the Federal Aviation Act of 1958 to authorize the Secretary of Transportation (Secretary) to guarantee loans to eligible air carriers to finance the acquisition of new aircraft and encourage the retirement of older or Stage two aircraft.

Aviation Revitalization Act of 1993

SECTION 1. FINDINGS. Congress finds that-- (1) Crohn's disease and ulcerative colitis are chronic and painful inflammatory diseases of the gastrointestinal tract which are difficult to diagnose due their invisible symptoms and similarity to other intestinal disorders; (2) Crohn's disease may occur in any section of the gastrointestinal tract but is predominantly found in the lower part of the small intestine and the large intestine; (3) ulcerative colitis is characterized by inflammation and ulceration of the innermost lining of the colon, and complete removal of the colon in patients with ulcerative colitis can alleviate symptoms; (4) because Crohn's disease and ulcerative colitis behave similarly, they are collectively known as inflammatory bowel disease; (5) both Crohn's disease and ulcerative colitis present a variety of symptoms, including severe diarrhea, dehydration, lack of appetite, weight loss, nutritional deficiencies, abdominal pain with cramps, fever, and rectal bleeding; (6) while there is no known cause or medical cure for inflammatory bowel disease, current evidence suggests that genetics, bacteria, and environmental factors may play a role; (7) it is estimated that up to 1,400,000 people in the United States are afflicted with inflammatory bowel disease; (8) it is believed that there are an additional 600,000 Americans who have inflammatory bowel disease, but whose condition is either misdiagnosed or undiagnosed, thereby resulting in their failure to receive proper treatment; (9) approximately 110 persons (\1/3\ of whom are adolescents) are diagnosed with inflammatory bowel disease in this country each day; (10) inflammatory bowel disease affects approximately 100,000 children under the age of 18 and has been detected in infants just months old, with the disease's ``second wave'' developing in adults over the age of 50; (11) inflammatory bowel disease accounts for an estimated 200,000 hospitalizations in the United States each year; (12) the annual cost in missed workdays for Americans with inflammatory bowel disease is estimated to be in the billions of dollars or about $5,500 per patient with active disease; (13) approximately 200,000 patients with inflammatory bowel disease receive some form of permanent work disability compensation from the Social Security Administration; (14) these patients have reported low quality of life and persistent, systemic, active disease requiring frequent surgical intervention or hospitalization, thus impacting their ability to work and function normally; (15) children with inflammatory bowel disease miss school and related activities because the disease often becomes too painful and a constant feature of their lives; (16) an estimated \2/3\ to \3/4\ of children with Crohn's disease will undergo multiple surgical operations in their lifetime to remove permanently scarred intestinal tissue, thus putting them at risk for developing short bowel syndrome and other life-threatening complications; (17) 60 to 90 percent of children with recurrent Crohn's disease will experience growth failures, and many adults who have onset of bowel disease as children experience delayed puberty and impaired growth, and never reach their full genetic growth potential; (18) inflammatory bowel disease also puts patients at high risk for developing colorectal cancer; (19) the Federal Government, public and private organizations, healthcare providers, and the medical community are striving to work together more closely in order to improve the quality of life of children and adults affected by Crohn's disease; (20) the United States Postal Service has issued stamps featuring critical causes in need of medical or social awareness in line with the criteria set out by the Citizens' Stamp Advisory Committee; and (21) the breast cancer semipostal research stamp has now become the best-selling postage stamp in United States history, raising over $60,000,000 for breast cancer research. SEC. 2. INFLAMMATORY BOWEL DISEASE COMMEMORATIVE POSTAGE STAMP. (a) In General.--The Postmaster General shall issue a commemorative postage stamp on the subject of Crohn's disease and ulcerative colitis, 2 chronic digestive diseases collectively known as inflammatory bowel disease. (b) Requirements.--Such stamp-- (1) shall be issued in the denomination used for first- class mail up to 1 ounce in weight and bear such design as the Postmaster General shall determine; and (2) shall be placed on sale as soon as practicable after the date of the enactment of this Act and sold for such period of time as the Postmaster General shall determine.

Directs the Postmaster General to issue a commemorative, first-class postage stamp on Crohn's disease and ulcerative colitis, two chronic digestive diseases collectively known as inflammatory bowel disease.

To provide for the issuance of a commemorative postage stamp on the subject of inflammatory bowel disease.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting America's Families from Toxic Chemicals Act of 2014''. SEC. 2. PURPOSE. The purpose of this Act is to ensure that the uses of chemical substances, for which there is evidence of persistence, bioaccumulation, toxicity, and exposure to humans or the environment, are limited to those uses that are critical or essential. SEC. 3. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) Chemical substance.--The term ``chemical substance'' has the meaning given the term in section 3 of the Toxic Substances Control Act (15 U.S.C. 2602). SEC. 4. IDENTIFICATION AND RESTRICTION OF PERSISTENT, BIOACCUMULATIVE, AND TOXIC CHEMICAL SUBSTANCES. (a) Identification.-- (1) Criteria.-- (A) In general.--Not later than 1 year after the date of enactment of this Act, the Administrator shall establish, by rule, criteria to identify chemical substances that-- (i)(I) are persistent, bioaccumulative, and toxic; or (II) are transformed through metabolism or environmental degradation into chemical substances that are persistent, bioaccumulative, and toxic; and (ii) for which there is evidence of exposure or likely exposure to humans or the environment. (B) Considerations.--In establishing the criteria pursuant to subparagraph (A), the Administrator shall consider a chemical substance-- (i) to be bioaccumulative if, based on monitoring data or other evidence, the Administrator determines that a chemical substance significantly accumulates or is likely to significantly accumulate in biota; (ii) to be persistent if the Administrator determines that the chemical substance significantly persists or is likely to significantly persist in 1 or more environmental media, including the indoor environment; and (iii) to be toxic if the Administrator determines that the chemical substance demonstrates or is likely to demonstrate 1 or more toxicological properties in humans or animals. (C) Revisions.--The Administrator may, by rule, revise the criteria established pursuant to this paragraph to reflect the best available science and provide for equal or greater protection of human health and the environment. (2) List.-- (A) In general.--Not later than 180 days after the date on which the rule under paragraph (1) is finalized, the Administrator shall, by order, publish a list of all chemical substances that meet those criteria, based on information available to the Administrator. (B) Updates.--Not less frequently than once every 3 years after the initial publication of the list under subparagraph (A), the Administrator shall update and republish the list to incorporate new information that becomes available to the Administrator. (3) Prior evidence.--The following chemical substances are considered, on the basis of existing evidence, to meet the criteria established under paragraph (1): (A) Anthracene, pure. (B) Asbestos. (C) Cadmium and cadmium compounds. (D) Chloroalkanes, C10-13 (short-chain chlorinated paraffins). (E) p-Dichlorobenzene. (F) Hexabromocyclododecane, including all major diastereomers. (G) Hexachlorobutadiene. (H) Lead and lead compounds. (I) Mercury and mercury compounds. (J) Musk xylene. (K) Pentachlorobenzene. (L) Perfluorooctane sulfonic acid, its salts, and perfluorooctane sulfonyl fluoride. (M) Phenanthrene. (N) Polybrominated biphenyls. (O) Polybrominated diphenylethers. (P) Polychlorinated terphenyls. (Q) Tetrabromobisphenol A. (R) 1,2,3-Trichlorobenzene. (S) 1,2,4-Trichlorobenzene. (T) 1,2,3,4-Tetrachlorobenzene. (U) 1,2,4,5-Tetrachlorobenzene. (b) Restrictions.--Not later than 1 year after the date of enactment of this Act, for chemical substances listed in subsection (a)(3), and not later than 1 year after the date on which the Administrator identifies a chemical substance pursuant to subsection (a)(2), the Administrator shall by order-- (1) identify the allowed uses, if any, of each such chemical substance, pursuant to subsection (c); (2) specify an effective date by which manufacture, processing, and distribution in commerce of the chemical substance for any uses not identified in paragraph (1) are required to cease, with such effective date not to exceed 5 years from the date of the allowable use determination; (3) identify any conditions on the manufacture, processing, use, distribution in commerce, and disposal of the chemical substance applicable to the allowed uses that the Administrator determines are needed to protect public health and the environment, with which manufacturers and processors of the chemical substance must comply as of the effective date specified by the Administrator under paragraph (2); and (4) make public the determination of the Administrator under this subsection, including-- (A) the basis for the determination; (B) a list of allowed uses of the chemical substance; and (C) any conditions on manufacture, processing, use, distribution in commerce, or disposal identified by the Administrator. (c) Allowable Uses.-- (1) In general.--The Administrator, by order issued under subsection (b) or by separate order, may allow manufacturing, processing, and distribution in commerce for a specified use of a chemical substance identified under subsection (b), if the Administrator first reviews and considers available evidence and determines that-- (A) the use is a critical or essential use, consistent with the criteria established pursuant to subsection (d); or (B) there is no discernible exposure to humans or the environment, consistent with the criteria established pursuant to subsection (e). (2) Presumption.--Allowable uses of chemical substances identified pursuant to subsection (b) shall include, unless the Administrator determines by order that such uses do not meet the requirements under paragraph (1)-- (A) a specific use of lead or cadmium, or a compound of lead or cadmium, in lamps, solder, glass, ceramics, metal alloys, plating, connectors, or electronic components exempted from the Restriction on Hazardous Substances Directive, Directive 2011/65/EU; (B) a specific use of mercury compounds in lamps in accordance with the Restriction on Hazardous Substances Directive, Directive 2011/65/EU; (C) the use of lead or lead compounds in lead-acid batteries; and (D) a specific use of perfluorooctane sulfonic acid, the salts of perfluorooctane sulfonic acid, and perfluorooctane sulfonyl fluoride if the specific use is designated as 1 of the acceptable purposes or specific exemptions under Part III of Annex B of the Stockholm Convention on Persistent Organic Pollutants. (3) Petition.-- (A) In general.--The Administrator may, on receipt of a petition from the manufacturer or processor of a chemical substance identified pursuant to subsection (b), by order, allow manufacturing, processing, and distribution in commerce for a specified use of the chemical substance if the Administrator determines that the manufacturer or processor has established by clear and convincing evidence that the use qualifies as an allowable use pursuant to the requirements under paragraph (1). (B) Notice.--Before making a determination under subparagraph (A), the Administrator shall-- (i) in the case of petitions involving uses of a chemical substance restricted by State law, consult with the relevant State agencies; (ii) publish in the Federal Register a notice of receipt of the petition that specifies the chemical identity of the chemical substance to which the petition pertains; (iii) make the petition available on request; (iv) provide a reasonable opportunity for review and comment on the petition; and (v) if the Administrator decides to allow a specific use of a chemical substance under this paragraph, consider any comments received by the Administrator in making a determination as to which, if any, conditions shall apply to the allowed use. (4) Term.-- (A) In general.--Any use allowed under paragraph (1), (2), or (3) shall be granted for a term of not more than 5 years, but may be renewed or revised in accordance with subparagraph (B) if the Administrator finds, after providing public notice and opportunity for comment, that the allowed use or a revision to the allowed use will continue to meet the requirements under paragraph (1). (B) Renewal.--The Administrator may renew the term of the allowed use granted under subparagraph (A) for 1 or more additional terms of not more than 5 years each, if the Administrator finds, after providing public notice and opportunity for comment, that the allowed use will continue to meet the requirements under paragraph (1). (C) Revision.--The Administrator may revise any allowed use under consideration for renewal, taking into account regulatory programs in States, new amendments to the Restriction on Hazardous Substances Directive, the Stockholm Convention on Persistent Organic Pollutants, to ensure that the allowed use continues to meet the requirements under paragraph (1). (d) Criteria To Identify Critical or Essential Uses.-- (1) In general.--Not later than 180 days after the date of enactment of this Act, the Administrator shall, by order, establish criteria to identify critical or essential uses of chemical substances. (2) Applicability.--The criteria under paragraph (1) shall identify as critical or essential any use for which the Administrator determines-- (A)(i) the use is in the paramount interest of national security; or (ii) the lack of availability of the chemical substance would cause significant disruption in the economy; (B)(i) no feasible alternative for the specified use is available; or (ii) the specified use provides a net benefit to public health, the environment, or public safety when compared to all available alternatives, taking comparative risks into account; and (C) the use is consistent with international legal obligations. (e) Criteria To Identify Uses With No Discernible Exposure.--Not later than 180 days after the date of enactment of this Act, the Administrator shall, by rule, establish criteria for use in making the determinations under subsection (d)(2), to identify uses of chemical substances for which there is clear and convincing evidence that there is no discernible exposure to humans and the environment from the manufacturing, processing, distribution in commerce, use, or disposal of-- (1) the chemical substance; or (2) any article containing the chemical substance. (f) New Chemical Substances.-- (1) In general.--For each new chemical substance subject to section 5(a)(1) of the Toxic Substances Control Act (15 U.S.C. 2604(a)(1)), the Administrator shall determine, during the period of notice review, whether the chemical substance, or a degradation product or metabolite of the chemical substance, meets the criteria established under subsection (a)(1). (2) Allowable uses.--For each chemical substance identified under paragraph (1), the Administrator shall, by order-- (A) allow, in a manner consistent with subsection (b), manufacture, processing, and distribution in commerce of the substance for a use which the Administrator determines meets the requirements of subsection (c); (B) identify any conditions on the manufacture, processing, use, distribution in commerce, and disposal of the chemical substance applicable to the allowed use that the Administrator determines may be needed to protect public health and the environment, which shall be complied with by a manufacturer or processor of the chemical substance on the date on which the manufacturer or processor commences manufacturing or processing of the new chemical substance; and (C) make public-- (i) the determination of the Administrator under this paragraph; (ii) the basis for the determination; (iii) a list of allowed uses of the chemical substance; and (iv) any conditions on the manufacture, processing, use, distribution in commerce, or disposal of the chemical substance identified by the Administrator.

Protecting America's Families from Toxic Chemicals Act of 2014 - Requires the Environmental Protection Agency (EPA) to establish criteria to identify chemical substances: (1) that are persistent, bioaccumulative, and toxic, or are transformed through metabolism or environmental degradation into chemical substances that have those characteristics; and (2) for which there is evidence of exposure or likely exposure to humans or the environment. Directs the EPA to publish a list of the chemical substances that meet those criteria within 180 days of the rule being finalized and update the list at least every three years. Lists chemical substances that are considered to have met the criteria on the basis of existing evidence, including asbestos, lead, and mercury. Requires the EPA to: (1) identify uses of each substance that are allowed until they are phased out; and (2) phase out the manufacture, processing, and distribution of listed chemicals within five years. Authorizes the EPA to allow the manufacturing, processing, and distribution of a listed chemical substance if it determines that the use is a critical and essential use and there is no discernible exposure to humans or the environment. Limits the exemption to a renewable or revisable term of five years. Requires the EPA to determine whether each new chemical substance subject to notice and testing requirements under the Toxic Substances Control Act meets the criteria for a listing as persistent, bioaccumulative, and toxic during the period of notice review.

Protecting America's Families from Toxic Chemicals Act of 2014

57 as a rare and valuable national treasure of international importance. (2) The city of New Orleans is widely recognized as the birthplace of jazz. In and around this city, cultural and musical elements blended to form the unique American music that is known as New Orleans jazz, which is an expression of the cultural diversity of the lower Mississippi Delta Region. (3) Jean Lafitte National Historical Park and Preserve was established to commemorate the cultural diversity of the lower Mississippi Delta Region including a range of cultural expressions like jazz. (b) Purpose.--In furtherance of the need to recognize the value and importance of jazz, it is the purpose of this Act to establish a New Orleans Jazz National Historical Park to preserve the origins, early history, development and progression of jazz; provide visitors with opportunities to experience the sights, sounds, and places where jazz evolved; and implement innovative ways of establishing jazz educational partnerships that will help to ensure that jazz continues as a vital element of the culture of New Orleans and our Nation. SEC. 3. ESTABLISHMENT. (a) In General.--In order to assist in the preservation, education, and interpretation of jazz as it has evolved in New Orleans, and to provide technical assistance to a broad range of organizations involved with jazz music and its history, there is hereby established the New Orleans Jazz National Historical Park (hereinafter referred to as the ``historical park''). The historical park shall be administered in conjunction with the Jean Lafitte National Historical Park and Preserve, which was established to preserve and interpret the cultural and natural resources of the lower Mississippi Delta Region. (b) Area Included.--The historical park shall consist of lands and interests therein as follows: (1) Lands which the Secretary of the Interior (hereinafter referred to as ``the Secretary'') may designate for an interpretive visitor center complex. (2) Sites that are the subject of cooperative agreements with the National Park Service for the purposes of interpretive demonstrations and programs associated with the purposes of this Act. (3)(A) Sites designated by the Secretary as provided in subparagraph (B). (B)(i) No later than 18 months after the date of enactment of this Act, the Secretary is directed to complete a national historic landmark evaluation of sites associated with jazz in and around New Orleans as identified in the document entitled ``New Orleans Jazz Special Resource Study'', prepared by the National Park Service pursuant to Public Law 101-499. In undertaking the evaluation, the Secretary shall, to the extent practicable, utilize existing information relating to such sites. (ii) If any of the sites evaluated are found to meet the standards of the National Historic Landmark program and National Park Service tests of suitability and feasibility, and offer outstanding opportunities to further the purposes of this Act, the Secretary may designate such sites as part of the historical park, following consultation with the owners of such sites, the city of New Orleans, the Smithsonian Institution, and the New Orleans Jazz Commission, and notification to the Committee on Energy and Natural Resources of the United States Senate and the Committee on Natural Resources of the United States House of Representatives. SEC. 4. ADMINISTRATION. (a)(1) In General.--The Secretary shall administer the historical park in accordance with this Act and with provisions of law generally applicable to units of the National Park System, including the Act entitled ``An Act to establish a National Park Service, and for other purposes'', approved August 25, 1916 (39 Stat. 535; 16 U.S.C. 1, 2-4); and the Act of August 21, 1935 (49 Stat. 666; 16 U.S.C. 461-467). The Secretary shall manage the historical park in such a manner as will preserve and perpetuate knowledge and understanding of the history of jazz and its continued evolution as a true American art form. (2) To minimize operational costs associated with the management and administration of the historical park and to avoid duplication of effort, the Secretary shall, to the maximum extent practicable, utilize the facilities, administrative staff and other services of the Jean Lafitte National Historical Park and Preserve. (b) Donations.--The Secretary may accept and retain donations of funds, property, or services from individuals, foundations, corporations, or other public entities for the purposes of providing services, programs, and facilities that further the purposes of this Act. (c) Interpretive Center.--The Secretary is authorized to construct, operate, and maintain an interpretive center in the historical park on lands identified by the Secretary pursuant to section 3(b)(1). Programs at the center shall include, but need not be limited to, live jazz interpretive and educational programs, and shall provide visitors with information about jazz-related programs, performances, and opportunities. (d) Jazz Heritage Districts.--The Secretary may provide technical assistance to the city of New Orleans and other appropriate entities for the designation of certain areas in and around New Orleans as jazz heritage districts. Such districts shall include those areas with an exceptional concentration of jazz historical sites and established community traditions of jazz street parades. (e) Cooperative Agreements, Grants and Technical Assistance.--In furtherance of the purposes of this Act-- (1) the Secretary, after consultation with the New Orleans Jazz Commission established pursuant to section 7, is authorized to enter into cooperative agreements with owners of properties that are designated pursuant to section 3(b)(3) which provide outstanding educational and interpretive opportunities relating to the evolution of jazz in New Orleans. The Secretary may assist in rehabilitating, restoring, marking, and interpreting and may provide technical assistance for the preservation and interpretation of such properties. Such agreements shall contain, but need not be limited to, provisions that the National Park Service will have reasonable rights of access for operational and visitor use needs, that rehabilitation and restoration will meet the Secretary's standards for rehabilitation of historic buildings, and that specify the roles and responsibilities of the Secretary for each site or structure; (2) the Secretary is authorized to enter into cooperative agreements with the city of New Orleans, the State of Louisiana, and other appropriate public and private organizations under which the other parties to the agreement may contribute to the acquisition, construction, operation, and maintenance of the interpretive center and to the operation of educational and interpretive programs to further the purposes of this Act; and (3) the Secretary, in consultation with the New Orleans Jazz Commission, is authorized to provide grants or technical assistance to public and private organizations. (f) Jazz Educational Programs.--The Secretary shall, in the administration of the historical park, promote a broad range of educational activities relating to jazz and its history. The Secretary shall cooperate with schools, universities, and organizations supporting jazz education to develop educational programs that provide expanded public understanding of jazz and enhanced opportunities for public appreciation. The Secretary may assist appropriate entities in the development of an information base including archival material, audiovisual records, and objects that relate to the history of jazz. SEC. 5. ACQUISITION OF PROPERTY. (a) General Authority.--The Secretary may acquire lands and interests therein within the sites designated pursuant to section 3(b)(1) and (3) by donation or purchase with donated or appropriated funds or long term lease: Provided, That sites designated pursuant to section 3(b)(3) shall only be acquired with the consent of the owner thereof. (b) State and Local Properties.--Lands and interests in lands which are owned by the State of Louisiana, or any political subdivision thereof, may be acquired only by donation. SEC. 6. GENERAL MANAGEMENT PLAN. Within 3 years after the date funds are made available therefor and concurrent with the national landmark study referenced in section 3(b)(3), the Secretary, in consultation with the New Orleans Jazz Commission, shall prepare a general management plan for the historical park. The plan shall include, but need not be limited to-- (1) a visitor use plan indicating programs and facilities associated with park programs that will be made available to the public; (2) preservation and use plans for any structures and sites that are identified through the historic landmark study for inclusion within the historical park; (3) the location and associated cost of public facilities that are proposed for inclusion within the historical park, including a visitor center; (4) identification of programs that the Secretary will implement or be associated with through cooperative agreements with other groups and organizations; (5) a transportation plan that addresses visitor use access needs to sites, facilities, and programs central to the purpose of the historical park; (6) plans for the implementation of an archival system for materials, objects, and items of importance relating to the history of jazz; and (7) guidelines for the application of cooperative agreements that will be used to assist in the management of historical park facilities and programs. SEC. 7. ESTABLISHMENT OF THE NEW ORLEANS JAZZ COMMISSION. (a) Establishment.--To assist in implementing the purposes of this Act and the document entitled ``New Orleans Jazz Special Resource Study'', there is established the New Orleans Jazz Commission (hereinafter referred to as the ``Commission''). (b) Membership.--The Commission shall consist of 17 members to be appointed no later than 6 months after the date of enactment of this Act. The Commission shall be appointed by the Secretary as follows: (1) One member from recommendations submitted by the Mayor of New Orleans. (2) Two members who have recognized expertise in music education programs that emphasize jazz. (3) One member, with experience in and knowledge of tourism in the greater New Orleans area, from recommendations submitted by local businesses. (4) One member from recommendations submitted by the Board of the New Orleans Jazz and Heritage Foundation. (5) One member, with experience in and knowledge of historic preservation within the New Orleans area. (6) Two members, one from recommendations submitted by the Secretary of the Smithsonian Institution and one member from recommendations submitted by the Chairman of the National Endowment of the Arts, who are recognized musicians with knowledge and experience in the development of jazz in New Orleans. (7) Two members, one from recommendations submitted by the Secretary of the Smithsonian Institution and one member from recommendations submitted by the Director of the Louisiana State Museum with recognized expertise in the interpretation of jazz history or traditions related to jazz in New Orleans. (8) Two members who represent local neighborhood groups or other local associations; from recommendations submitted by the Mayor of New Orleans. (9) One member representing local mutual aid and benevolent societies as well as local social and pleasure clubs, from recommendations submitted by the Board of the New Orleans Jazz and Heritage Foundation. (10) One member from recommendations submitted by the Governor of the State of Louisiana, who shall be a member of the Louisiana State Music Commission. (11) One member representing the New Orleans Jazz Club from recommendations submitted by the club. (12) One member who is a recognized local expert on the history, development and progression of jazz in New Orleans and is familiar with existing archival materials from recommendations submitted by the Librarian of Congress. (13) The Director of the National Park Service, or the Director's designee, ex officio. (c) Duties of the Commission.--The Commission shall-- (1) advise the Secretary in the preparation of the general management plan for the historical park; assist in public discussions of planning proposals; and assist the National Park Service in working with individuals, groups, and organizations including economic and business interests in determining programs in which the Secretary should participate through cooperative agreement; (2) in consultation and cooperation with the Secretary, develop partnerships with educational groups, schools, universities, and other groups to furtherance of the purposes of this Act; (3) in consultation and cooperation with the Secretary, develop partnerships with city-wide organizations, and raise and disperse funds for programs that assist mutual aid and benevolent societies, social and pleasure clubs and other traditional groups in encouraging the continuation of and enhancement of jazz cultural traditions; (4) acquire or lease property for jazz education, and advise on hiring brass bands and musical groups to participate in education programs and help train young musicians; (5) in consultation and cooperation with the Secretary, provide recommendations for the location of the visitor center and other interpretive sites; (6) assist the Secretary in providing funds to support research on the origins and early history of jazz in New Orleans; and (7) notwithstanding any other provision of law, seek and accept donations of funds, property, or services from individuals, foundations, corporations, or other public or private entities and expend and use the same for the purposes of providing services, programs, and facilities for jazz education, or assisting in the rehabilitation and restoration of structures identified in the national historic landmark study referenced in section 3(b)(3) as having outstanding significance to the history of jazz in New Orleans. (d) Appointment.--Members of the Commission shall be appointed for staggered terms of 3 years, as designated by the Secretary at the time of the initial appointment. (e) Chairman.--The Commission shall elect a chairman from among its members. The term of the chairman shall be for 3 years. (f) Terms.--Any member of the Commission appointed by the Secretary for a 3-year term may serve after the expiration of his or her term until a successor is appointed. Any vacancy shall be filled in the same manner in which the original appointment was made. Any member appointed to fill a vacancy shall serve for the remainder of the term for which the predecessor was appointed. (g) Per Diem Expenses.--Members of the Commission shall serve without compensation. Members shall be entitled to travel expenses under section 5703, title 5, United States Code, when engaged in Commission business, including per diem in lieu of subsistence in the same manner as persons employed intermittently. (h) Administrative Support.--The Secretary shall provide the Commission with assistance in obtaining such personnel, equipment, and facilities as may be needed by the Commission to carry out its duties. (i) Annual Report.--The Commission shall submit an annual report to the Secretary identifying its expenses and income and the entities to which any grants or technical assistance were made during the year for which the report is made. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated such sums as may be necessary to carry out this Act. Passed the Senate April 12 (legislative day, April 11), 1994. Attest: WALTER J. STEWART, Secretary.

New Orleans Jazz National Historical Park Act of 1994 - Establishes the New Orleans Jazz National Historical Park, Louisiana, to be administered in conjunction with the Jean Lafitte National Historical Park and Preserve. Directs the Secretary of the Interior to complete a national historic landmark evaluation of sites associated with jazz in and around New Orleans. Authorizes the Secretary to: (1) designate and acquire appropriate sites as part of the Park; (2) enter into cooperative agreements with property owners for the preservation and interpretation of such property; (3) construct and operate an interpretive center in the Park; (4) provide technical assistance to the city of New Orleans for the designation of certain areas as jazz heritage districts; and (5) provide, in consultation with the New Orleans Jazz Commission, grants or technical assistance to public and private organizations. Directs the Secretary: (1) in administering the Park, to promote a broad range of educational activities relating to jazz and its history; and (2) to prepare a general management plan, meeting specified criteria, for the Park. Establishes the New Orleans Jazz Commission to: (1) advise the Secretary in the preparation of the general management plan, assist in public discussions of planning proposals, and assist the National Park Service in working with individuals, groups, and organizations in determining programs in which the Secretary should participate through cooperative agreements; (2) develop partnerships with educational groups, schools, universities, and other groups, including city-wide organizations, in furtherance of this Act; (3) raise and disperse funds for programs that assist mutual aid and benevolent societies, social and pleasure clubs, and other traditional groups in encouraging the continuation of and enhancement of jazz cultural traditions; (4) acquire or lease property for jazz education, advise on hiring brass bands and musical groups to participate in education programs, and help train young musicians; (5) assist in providing recommendations for the location of the Park's visitor center and other interpretive sites and funds to support research on the origins and early history of jazz in New Orleans; and (6) seek and accept donations to use for providing services, programs, and facilities for jazz education or assisting in the rehabilitation and restoration of structures identified in the national historic landmark study as having outstanding significance to the history of jazz in New Orleans. Authorizes appropriations.

New Orleans Jazz National Historical Park Act of 1994

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Aviation Administration Extension Act of 2010''. SEC. 2. EXTENSION OF TAXES FUNDING AIRPORT AND AIRWAY TRUST FUND. (a) Fuel Taxes.--Subparagraph (B) of section 4081(d)(2) of the Internal Revenue Code of 1986 is amended by striking ``March 31, 2010'' and inserting ``April 30, 2010''. (b) Ticket Taxes.-- (1) Persons.--Clause (ii) of section 4261(j)(1)(A) of the Internal Revenue Code of 1986 is amended by striking ``March 31, 2010'' and inserting ``April 30, 2010''. (2) Property.--Clause (ii) of section 4271(d)(1)(A) of such Code is amended by striking ``March 31, 2010'' and inserting ``April 30, 2010''. (c) Effective Date.--The amendments made by this section shall take effect on April 1, 2010. SEC. 3. EXTENSION OF AIRPORT AND AIRWAY TRUST FUND EXPENDITURE AUTHORITY. (a) In General.--Paragraph (1) of section 9502(d) of the Internal Revenue Code of 1986 is amended-- (1) by striking ``April 1, 2010'' and inserting ``May 1, 2010''; and (2) by inserting ``or the Federal Aviation Administration Extension Act of 2010'' before the semicolon at the end of subparagraph (A). (b) Conforming Amendment.--Paragraph (2) of section 9502(e) of such Code is amended by striking ``April 1, 2010'' and inserting ``May 1, 2010''. (c) Effective Date.--The amendments made by this section shall take effect on April 1, 2010. SEC. 4. EXTENSION OF AIRPORT IMPROVEMENT PROGRAM. (a) Authorization of Appropriations.-- (1) In general.--Section 48103(7) of title 49, United States Code, is amended to read as follows: ``(7) $2,333,333,333 for the 7-month period beginning on October 1, 2009.''. (2) Obligation of amounts.--Sums made available pursuant to the amendment made by paragraph (1) may be obligated at any time through September 30, 2010, and shall remain available until expended. (3) Program implementation.--For purposes of calculating funding apportionments and meeting other requirements under sections 47114, 47115, 47116, and 47117 of title 49, United States Code, for the 7-month period beginning on October 1, 2009, the Administrator of the Federal Aviation Administration shall-- (A) first calculate funding apportionments on an annualized basis as if the total amount available under section 48103 of such title for fiscal year 2010 were $4,000,000,000; and (B) then reduce by 42 percent-- (i) all funding apportionments calculated under subparagraph (A); and (ii) amounts available pursuant to sections 47117(b) and 47117(f)(2) of such title. (b) Project Grant Authority.--Section 47104(c) of such title is amended by striking ``March 31, 2010,'' and inserting ``April 30, 2010,''. SEC. 5. EXTENSION OF EXPIRING AUTHORITIES. (a) Section 40117(l)(7) of title 49, United States Code, is amended by striking ``April 1, 2010.'' and inserting ``May 1, 2010.''. (b) Section 44302(f)(1) of such title is amended-- (1) by striking ``March 31, 2010,'' and inserting ``April 30, 2010,''; and (2) by striking ``June 30, 2010,'' and inserting ``July 31, 2010,''. (c) Section 44303(b) of such title is amended by striking ``June 30, 2010,'' and inserting ``July 31, 2010,''. (d) Section 47107(s)(3) of such title is amended by striking ``April 1, 2010.'' and inserting ``May 1, 2010.''. (e) Section 47115(j) of such title is amended by striking ``April 1, 2010,'' and inserting ``May 1, 2010,''. (f) Section 47141(f) of such title is amended by striking ``March 31, 2010.'' and inserting ``April 30, 2010.''. (g) Section 49108 of such title is amended by striking ``March 31, 2010,'' and inserting ``April 30, 2010,''. (h) Section 161 of the Vision 100--Century of Aviation Reauthorization Act (49 U.S.C. 47109 note) is amended by striking ``April 1, 2010,'' and inserting ``May 1, 2010,''. (i) Section 186(d) of such Act (117 Stat. 2518) is amended by striking ``April 1, 2010,'' and inserting ``May 1, 2010,''. (j) The amendments made by this section shall take effect on April 1, 2010. SEC. 6. FEDERAL AVIATION ADMINISTRATION OPERATIONS. Section 106(k)(1)(F) of title 49, United States Code, is amended to read as follows: ``(F) $5,454,183,000 for the 7-month period beginning on October 1, 2009.''. SEC. 7. AIR NAVIGATION FACILITIES AND EQUIPMENT. Section 48101(a)(6) of title 49, United States Code, is amended to read as follows: ``(6) $1,712,785,083 for the 7-month period beginning on October 1, 2009.''. SEC. 8. RESEARCH, ENGINEERING, AND DEVELOPMENT. Section 48102(a)(14) of title 49, United States Code, is amended to read as follows: ``(14) $111,125,000 for the 7-month period beginning on October 1, 2009.''.

Federal Aviation Administration Extension Act of 2010 - Amends the Internal Revenue Code to extend through April 30, 2010: (1) excise taxes on aviation fuels and air transportation of persons and property; and (2) the expenditure authority for the Airport and Airway Trust Fund. Authorizes appropriations for the seven-month period from October 1, 2009, through April 30, 2010, for airport improvement program (AIP) projects, including project grant authority. Sets forth a formula for calculating the apportionment of AIP funding. Extends through April 30, 2010, various airport development projects, including: (1) the pilot program for passenger facility fees at nonhub airports; (2) small airport grants for airports located in the Marshall Islands, Micronesia, and Palau; (3) the temporary increase to 95% in the government share of certain AIP project costs; and (4) the funding of Midway Island airport development. Extends through April 30, 2010, state and local land use compatibility projects under the AIP program. Extends through April 30, 2010, the authority of the Metropolitan Washington Airports Authority to apply for an airport development grant and impose a passenger facility fee. Extends through April 30, 2010, Department of Transportation (DOT) insurance coverage for domestic and foreign-flag air carriers. Allows further extension through July 31, 2010. Extends through July 31, 2010, air carrier liability limits for injuries to passengers resulting from acts of terrorism. Extends through April 30, 2010, certain competitive access assurance requirements for large or medium hub airport sponsors applying for AIP grants. Extends for the seven-month period from October 1, 2009, through April 30, 2010, the authorization of appropriations for: (1) Federal Aviation Administration (FAA) operations; (2) air navigation facilities and equipment; and (3) research, engineering, and development.

A bill to amend the Internal Revenue Code of 1986 to extend the funding and expenditure authority of the Airport and Airway Trust Fund, to amend title 49, United States Code, to extend authorizations for the airport improvement program, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Latin America Military Training Review Act of 2005''. SEC. 2. SUSPENSION OF AUTHORITY FOR WESTERN HEMISPHERE INSTITUTE FOR SECURITY COOPERATION. (a) Suspension of Institute.--The Secretary of the Army shall suspend the operation of the Western Hemisphere Institute for Security Cooperation until the submission of the report under section 4(e) of this Act. (b) Suspension of Authority.--The authority of the Secretary of Defense to operate an education and training facility under section 2166 of title 10, United States Code, is suspended until the submission of the report under section 4(e) of this Act. (c) Limitation on Establishment of New Education and Training Facility.--No training or education facility may be established in the Department of Defense for Latin American military personnel (as a successor to the United States Army School of the Americas, the Western Hemisphere Institute for Security Cooperation, or otherwise) until the submission of the report under section 4(e) of this Act. SEC. 3. JOINT CONGRESSIONAL TASK FORCE. (a) Establishment.--There is established a joint congressional task force to conduct an assessment of the kind of education and training that is appropriate for the Department of Defense to provide to military personnel of Latin American nations. (b) Composition.--The task force shall be composed of eight Members of Congress, of whom two each shall be designated by the Speaker of the House of Representatives, the minority leader of the House of Representatives, the majority leader of the Senate, and the minority leader of the Senate. (c) Report.--Not later than six months after the date of the enactment of this Act, the task force shall submit to Congress a report on its assessment under subsection (a). The report shall include-- (1) a critical assessment of courses, curriculum, and procedures appropriate for such education and training; and (2) an evaluation of the effect of such education and training on the performance of Latin American military personnel in the areas of human rights and adherence to democratic principles and the rule of law. (d) Definition.--In this section, the term ``Member'' includes a Delegate to, or Resident Commissioner, in the Congress. SEC. 4. COMMISSION TO INVESTIGATE HUMAN RIGHTS ABUSES AT THE UNITED STATES ARMY SCHOOL OF THE AMERICAS. (a) Establishment.--There is established a commission to investigate the activities of the United States Army School of the Americas and its successor institution, the Western Hemisphere Institute for Security Cooperation. (b) Membership.-- (1) Appointment.--The commission shall be composed of eight members, of whom two each shall be appointed by the Speaker of the House of Representatives, the minority leader of the House of Representatives, the majority leader of the Senate, and the minority leader of the Senate. (2) Qualifications.--Members of the commission shall be selected from among individuals noted for their knowledge and experience in foreign military training and international human rights who are not officers or employees of the Federal Government. (3) Deadline for appointment.--The members of the commission shall be appointed not later than 60 days after the date of the enactment of this Act. (4) Vacancies.--Any vacancy of the commission shall not affect its powers and shall be filled in the manner in which the original appointment was made. (5) Chairperson; vice chairperson.--The Chairperson and Vice Chairperson of the commission shall be elected by the members. (6) Compensation.--Members of the commission shall serve without pay. (7) Travel expenses.--Each member of the commission shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code. (c) Powers.-- (1) Hearings and sessions.--The commission may, for the purpose of carrying out this section, hold hearings, sit and act at times and places, take testimony, and receive evidence as the commission considers appropriate. (2) 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 section. Upon request of the Chairperson of the commission, the head of such department or agency shall furnish such information to the commission. (d) Investigation.--Not later than two years after the date on which all members of the commission have been appointed, the commission shall complete an investigation into the activities of the United States Army School of the Americas and its successor institution, the Western Hemisphere Institute for Security Cooperation. The investigation shall-- (1) identify those individuals responsible for drafting or approving manuals for use at either such institution advocating tactics that violate international law or the laws of the United States; (2) determine how such manuals were used in training conducted by either such institution; (3) determine the effect of such training; and (4) identify those individuals responsible for teaching such tactics. (e) Report.--Not later than 30 days after the completion of the investigation under subsection (d), the commission shall submit to Congress and the Secretary of Defense a report containing the results of the investigation and recommendations for actions in response to any violations of human rights to which training at the United States Army School of the Americas or its successor institution, the Western Hemisphere Institute for Security Cooperation, contributed. (f) Termination.--The commission shall terminate 30 days after the date of the submission of the report under subsection (e).

Latin America Military Training Review Act of 2005 - Directs the Secretary of the Army to suspend operation of the Western Hemisphere Institute for Security Cooperation (Institute). Suspends the authority of the Secretary of Defense to operate such an education and training facility until submission of a report containing the results of an investigation in response to violations of human rights to which training at such Institute contributed. Establishes: (1) a joint congressional task force to assess appropriate education and training for DOD to provide to military personnel of Latin American nations; and (2) a commission to investigate activities of the United States Army School of the Americas and its successor institution, the Institute.

To suspend the authority for the Western Hemisphere Institute for Security Cooperation (the successor institution to the United States Army School of the Americas) in the Department of Defense, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Coal Healthcare and Pensions Protection Act of 2013''. SEC. 2. INCLUSION OF CERTAIN RETIREES IN THE MULTIEMPLOYER HEALTH BENEFIT PLAN. Section 402 of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1232) is amended-- (1) in subsection (h)(2)(C)-- (A) by striking ``A transfer'' and inserting the following: ``(i) Transfer to the plan.--A transfer''; (B) by redesignating clauses (i) and (ii) as subclauses (I) and (II), respectively, and moving such subclauses 2 ems to the right; and (C) by striking the matter following such subclause (II) (as so redesignated) and inserting the following: ``(ii) Calculation of excess.--Such excess shall be calculated by taking into account only-- ``(I) those beneficiaries actually enrolled in the Plan as of the date of enactment of the Coal Healthcare and Pensions Protection Act of 2013, who are eligible to receive health benefits under the Plan on the first day of the calendar year for which the transfer is made; and ``(II) those beneficiaries whose health benefits, defined as those benefits payable directly by an employer in the bituminous coal industry under a coal wage agreement (defined in section 9701(b)(1) of the Internal Revenue Code of 1986) as a result of a bankruptcy proceeding commenced in 2012, would be denied or reduced. ``(iii) Eligibility.--An individual referred to in clause (ii)(II) shall be considered eligible to receive health benefits under the Plan. ``(iv) Requirements for transfer.--A transfer under this subparagraph shall be in an amount equal to the excess calculated under clause (i), and reduced by any amount transferred from a voluntary employees' beneficiary association established as a result of such bankruptcy proceeding to the Plan to pay benefits required under the Plan. ``(v) VEBA transfer.--The administrator of such voluntary employees' beneficiary association shall transfer to the Plan any amounts received as a result of such bankruptcy proceeding, reduced by an amount for administrative costs of such association.''; and (2) in subsection (i)-- (A) by redesignating paragraph (4) as paragraph (5); and (B) by inserting after paragraph (3) the following: ``(4) Additional amounts.-- ``(A) Calculation.--If the dollar limitation specified in paragraph (3)(A) exceeds the aggregate amount required to be transferred under paragraphs (1) and (2) for a fiscal year, the Secretary of the Treasury shall transfer an additional amount, not to exceed the difference between such dollar limitation and such aggregate amount, to the trustees of the 1974 UMWA Pension Plan to pay benefits required under that plan. ``(B) 1974 umwa pension plan defined.--In this paragraph, the term `1974 UMWA Pension Plan' has the meaning given the term in section 9701(a)(3) of the Internal Revenue Code of 1986, but without regard to the limitation on participation to individuals who retired in 1976 and thereafter.''. SEC. 3. SPECIAL RULE FOR CERTAIN SUPPLEMENTAL BENEFIT PLANS. (a) In General.--Section 404 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(p) Special Rule for Certain Supplemental Benefit Plans.-- ``(1) In general.--If contributions are paid by an employer under a plan that provides supplemental benefits solely to participants in a plan described in subsection (c) (or a continuation thereof) that provides pension benefits, such contributions shall not be deductible under this section nor be made nondeductible by this section, but the deductibility thereof shall be governed solely by section 162 (relating to trade or business expenses). ``(2) Tax treatment of plan.--For purposes of this title, the trust holding the assets of a plan to which paragraph (1) applies shall be treated as an organization exempt from tax under section 501(a). ``(3) Special rule for payments other than to or from a trust.--For purposes of this subsection, payments made by an employer to the trustees of a plan described in paragraph (1), and benefits paid by the trustees of such plan, shall be treated as contributions paid to, and benefits paid from, such plan without regard to whether the contributions are paid into, or benefits paid from, the trust holding the assets of such plan.''. (b) Exclusion From Wages.-- (1) Payroll taxes.--Paragraph (5) of section 3121(a) of the Internal Revenue Code of 1986 is amended-- (A) by striking ``or'' at the end of subparagraph (H); (B) by adding ``or'' at the end of subparagraph (I); and (C) by adding at the end the following new subparagraph: ``(J) under a plan to which section 404(p)(1) applies;''. (2) Collection of income tax at source.--Paragraph (12) of section 3401(a) of such Code is amended by adding at the end the following new subparagraph: ``(F) under a plan to which section 404(p)(1) applies, or''. (3) Unemployment taxes.--Section 3306(b) of such Code is amended-- (A) by striking ``or'' at the end of paragraph (19); (B) by striking the period at the end of paragraph (20) and inserting ``; or''; and (C) by adding at the end the following new paragraph: ``(21) any payment made to or for the benefit of an individual under a plan to which section 404(p)(1) applies.''.

Coal Healthcare and Pensions Protection Act of 2013 - Amends the Surface Mining Control and Reclamation Act of 1977 to address potential shortages in the Multiemployer Health Benefit Plan for payment of health care benefits to retired coal miners by expanding the eligible uses of interest transferable to the plan from the Abandoned Mine Reclamation Fund, and supplemental payments from the General Fund of the Treasury. Requires calculation of such amount by taking into account only those beneficiaries who are actually enrolled in the plan as of enactment of this Act, as well as those retirees whose health benefits, payable directly by an employer in the bituminous coal industry under a coal wage agreement as a result of a bankruptcy proceeding commenced in 2012, would be denied or reduced. Requires the Secretary of the Treasury to transfer to the trustees of the 1974 United Mine Workers of America (UMWA) Pension Plan a certain additional amount of funds, to pay pension benefits required under that plan, if the $490 million limitation on certain transfers to the UMWA Combined Benefit Fund and distributions to states and Indian tribes exceeds the aggregate amount required to be transferred to them. Amends the Internal Revenue Code to prescribe a special rule that employer contributions to an employees' trust or annuity benefit plan providing supplemental benefits solely to participants in a pension plan are neither deductible nor nondeductible as such from the employer's gross income. Subjects such contributions, on the other hand, to deduction as an allowable trade or business expense. Treats a trust holding the assets of such a pension benefit plan as a tax-exempt organization. Excludes from taxable wages any payments made to, or on behalf of, an employee or his or her beneficiary under such a plan.

Coal Healthcare and Pensions Protection Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Brittany Wilkinson Mitochondrial Disease Research and Treatment Enhancement Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds the following: (1) Mitochondrial disease results when there is a defect that reduces the ability of the mitochondria in a cell to produce energy. As mitochondria fail to produce enough energy, the cells will cease to function properly and will eventually die. Organ systems will begin to fail, and the life of the individual is compromised or ended. (2) There are more than 40 mitochondrial diseases. (3) Mitochondrial diseases are a relatively newly diagnosed group of diseases, first recognized in the late 1960s. Diagnosis of these diseases is extremely difficult. (4) Mitochondrial diseases can present themselves at any age, with associated mortality rates that vary depending upon the particular disease. The most severe diseases result in progressive loss of neurological and liver function, and death within several years. (5) According to the National Institute of Environmental Health Sciences, half of those affected by mitochondrial disease are children, who show symptoms before age five and approximately 80 percent of whom will not survive beyond the age of 20. (6) Mitochondrial dysfunction is also associated with numerous other disorders, including many neurological diseases (such as Parkinson's, Alzheimer's, ALS, and autism), and other diseases associated with aging, diabetes, and cancer. (7) Mitochondrial diseases are most commonly the result of genetic mutation, either in the nuclear DNA or in the mitochondrial DNA. Some mitochondrial diseases have been attributable to environmental factors that interfere with mitochondrial function. (8) Researchers estimate that one in 4,000 children will develop a mitochondrial disease related to an inherited mutation by the age of 10 years, and that 1,000-2,000 children are born each year in the United States who will develop mitochondrial disease in their lifetimes. However, studies of umbilical cord blood samples show that one in 200 children are born with both normal and mutant mitochondrial DNA, and the number of children with these mutations who actually develop a disease is unknown. (9) There are no cures for any of the specifically identified mitochondrial diseases, nor is there a specific treatment for any of these diseases. (10) Improving our basic understanding of mitochondrial function and dysfunction has potential application to numerous areas of biomedical research. The National Institutes of Health has taken an increased interest in mitochondrial disease and dysfunction and has sponsored a number of activities in recent years aimed at advancing mitochondrial medicine, including incorporating research into functional variation in mitochondria in the Transformative Research Grants Initiative. (b) Purpose.--It is the purpose of this Act to promote an enhanced research effort aimed at improved understanding of mitochondrial disease and dysfunction and the development of treatments and cures for mitochondrial disease. SEC. 3. ENHANCEMENT OF RESEARCH AND TREATMENT ACTIVITIES RELATED TO MITOCHONDRIAL DISEASE. (a) Mitochondrial Disease Research Enhancement.--Part A of title IV of the Public Health Service Act (42 U.S.C. 281 et seq.) is amended-- (1) by redesignating section 404H as section 404I; and (2) inserting after section 404G the following new section: ``SEC. 404H. OFFICE OF MITOCHONDRIAL DISEASE. ``(a) Establishment.--There is established within the Office of the Director of NIH at the Division of Program Coordination, Planning and Strategic Initiatives, an office to be known as the Office of Mitochondrial Disease (in this section referred to as the `Office'), which shall be headed by a Director (in this section referred to as the `Director'), appointed by the Director of NIH. ``(b) Mitochondrial Disease Research Plan.-- ``(1) In general.--The Director shall develop, make publicly available, and implement a written plan to facilitate and coordinate research into mitochondrial disease. ``(2) Contents.--The plan required under paragraph (1) shall include the following objectives: ``(A) Improving coordination of research related to mitochondrial disease among the national research institutes and between the National Institutes of Health and outside researchers. ``(B) Providing training to research scientists and clinical researchers engaged in research related to mitochondrial disease. ``(C) Conducting programs to provide information and continuing education to health care providers regarding the diagnosis of mitochondrial disease. ``(D) Ensuring relevant scientific review groups contain individuals with expertise in mitochondrial disease. ``(3) Consultation.--In developing the plan under paragraph (1), the Director shall consult with-- ``(A) the Director of the National Cancer Institute; ``(B) the Director of the National Institute of Child Health and Human Development; ``(C) the Director of the National Institute of Environmental Health Sciences; ``(D) the Director of the National Heart, Lung, and Blood Institute; ``(E) the Director of the National Institute of Neurological Disorders and Stroke; ``(F) the Director of the National Institute of Diabetes and Digestive and Kidney Diseases; ``(G) the Director of the National Eye Institute; ``(H) the Director of the National Institute of Mental Health; ``(I) the Director of the National Institute of Arthritis and Muscoloskeletal and Skin Diseases; ``(J) the Director of the National Human Genome Research Institute; and ``(K) the heads of such other institutes and offices as the Director considers appropriate. ``(4) Updates.--The Director shall update the plan required under paragraph (1) on a biennial basis. ``(c) Research Grants.--In addition to any grants otherwise awarded by the National Institutes of Health for research in mitochondrial disease, the Director may award competitive, peer-reviewed grants-- ``(1) for integrated, multi-project research programs related to mitochondrial disease; and ``(2) for planning activities associated with integrated, multi-project research programs related to mitochondrial disease. ``(d) Centers of Excellence.-- ``(1) In general.--The Director may award grants to institutions or consortiums of institutions to establish Mitochondrial Disease Centers of Excellence to promote interdisciplinary research and training related to mitochondrial disease. ``(2) Use of funds awarded.--A grant awarded under paragraph (1) may be used to-- ``(A) conduct basic and clinical research related to mitochondrial disease; ``(B) facilitate training programs for research scientists and health professionals seeking to engage in research related to mitochondrial disease; and ``(C) develop and disseminate programs and materials to provide continuing education to health care professionals regarding the recognition, diagnosis, and treatment of mitochondrial disease. ``(e) National Registry; Biorepository.-- ``(1) National registry.--The Director of the Centers for Disease Control and Prevention shall establish a national registry for the maintenance and sharing for research purposes of medical information collected from patients with mitochondrial disease. ``(2) Biorepository.--The Director of the Centers for Disease Control and Prevention shall establish a national biorepository for the maintenance and sharing for research purposes of tissues and DNA collected from patients with mitochondrial disease. ``(f) Definition.--In this section, the term `mitochondrial disease' means mitochondrial diseases, mutations, dysfunctions and functions. ``(g) Authorization of Appropriations.--There is authorized to be appropriated, such sums as may be necessary to carry out this section.''. (b) Development of Mitochondrial Disease Research Plan.--The Director of the Office of Mitochondrial Disease shall develop and make publicly available the mitochondrial disease research plan required under section 404H(b)(1) of the Public Health Service Act, as added by subsection (a) of this section, not later than 180 days after the date of the enactment of this Act.

Brittany Wilkinson Mitochondrial Disease Research and Treatment Enhancement Act - Amends the Public Health Service Act to establish the Office of Mitochondrial Disease within the National Institutes of Health (NIH). Requires the Director of the Office to develop, make publicly available, and implement a written plan to facilitate and coordinate research into mitochondrial disease. Authorizes the Director to award grants for: (1) integrated, multi-project research programs related to mitochondrial disease and planning activities associated with such programs; and (2) the establishment of Mitochondrial Disease Centers of Excellence to promote interdisciplinary research and training related to mitochondrial disease. Requires the Director of the Centers for Disease Control and Prevention (CDC) to establish: (1) a national registry of medical information collected from patients with mitochondrial disease for research purposes; and (2) a national biodepository of tissues and DNA collected from patients with mitochondrial disease for research purposes.

A bill to amend the Public Health Service Act to establish an Office of Mitochondrial Disease at the National Institutes of Health, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Verify Eligibility Coverage Act''. SEC. 2. PROMOTING PROGRAM INTEGRITY IN ENROLLING CERTAIN IMMIGRANTS UNDER MEDICAID. (a) In General.--Section 1137(f) of the Social Security Act (42 U.S.C. 1320b-7(f)) is amended-- (1) by striking ``Subsections (a)(1) and (d)'' and inserting ``(1) Subsections (a)(1) and (d)''; and (2) by adding at the end the following new paragraph: ``(2)(A) Subparagraphs (A) and (B)(ii) of subsection (d)(4) shall not apply in the case of an initial determination made on or after the date that is 6 months after the date of the enactment of this paragraph with respect to the eligibility of an alien described in subparagraph (B) for benefits under the program listed in subsection (b)(2). ``(B) An alien described in this subparagraph is an individual declaring to be a citizen or national of the United States with respect to whom a State, in accordance with section 1902(a)(46)(B), requires-- ``(i) pursuant to section 1902(ee), the submission of a social security number; or ``(ii) pursuant to section 1903(x), the presentation of satisfactory documentary evidence of citizenship or nationality.''. (b) No Payments for Medical Assistance Provided Before Presentation of Evidence.--Section 1903(i)(22) of the Social Security Act (42 U.S.C. 1396b(i)(22)) is amended-- (1) by striking ``with respect to amounts expended'' and inserting ``(A) with respect to amounts expended''; (2) by inserting ``and'' at the end; and (3) by adding at the end the following new subparagraph: ``(B) in the case of a State that elects to provide a reasonable period to present satisfactory documentary evidence of such citizenship or nationality pursuant to paragraph (2)(C) of section 1902(ee) or paragraph (4) of subsection (x) of this section, for amounts expended for medical assistance for such an individual (other than an individual described in paragraph (2) of such subsection (x)) during such period;''. (c) Conforming Amendments.--Section 1137(d)(4) of the Social Security Act (42 U.S.C. 1320b-7(d)(4)) is amended-- (1) in subparagraph (A), in the matter preceding clause (i), by inserting ``subject to subsection (f)(2),'' before ``the State''; and (2) in subparagraph (B)(ii), by inserting ``subject to subsection (f)(2),'' before ``pending such verification''. SEC. 3. MEDICAID IMPROVEMENT FUND. Section 1941 of the Social Security Act (42 U.S.C. 1396w-1(b)) is amended to read as follows: ``SEC. 1941. MEDICAID IMPROVEMENT FUND. ``(a) In General.--The Secretary shall establish, and administer, under this title a Medicaid Improvement Fund (in this section referred to as the `Fund') which shall be available to the Secretary for the following purposes: ``(1) To improve the management of the Medicaid program by the Centers for Medicare & Medicaid Services, including oversight of contracts and contractors and evaluation of demonstration projects. ``(2) To improve access to care for the most vulnerable individuals eligible to receive medical assistance under the State plan under this title (or a waiver of such plan), including by carrying out section 4 of the Verify Eligibility Coverage Act (relating to reducing waiting lists for medical assistance for home and community-based services under a State plan waiver under subsection (c), (d), or (i) of section 1915 or section 1115). ``(b) Supplement, Not Supplant.--Payments made for activities under this section shall be in addition to payments that would otherwise be made for activities described in subsection (a). ``(c) Funding.-- ``(1) In general.-- ``(A) Management improvements.--There shall be available to the Fund, for the purposes described in subsection (a)(1), for expenditures from the Fund for fiscal year 2021 and thereafter, $5,000,000. ``(B) Increasing access.--There shall be available to the Fund, for the purposes described in subsection (a)(2), for expenditures from the Fund for fiscal year 2018 and thereafter, [$_____]. ``(2) Funding limitation.--Amounts in the Fund shall be available in advance of appropriations but only if the total amount obligated from the Fund does not exceed the amount available to the Fund under subparagraphs (A) and (B) of paragraph (1). The Secretary may obligate funds from the Fund only if the Secretary determines (and the Chief Actuary of the Centers for Medicare & Medicaid Services and the appropriate budget officer certify) that there are available in the Fund sufficient amounts to cover all such obligations incurred consistent with the previous sentence.''. SEC. 4. PROVIDING CARE FOR THE MOST VULNERABLE PATIENTS ON WAITING LISTS. (a) In General.--Subject to subsection (d), the Secretary of Health and Human Services shall provide, for each of fiscal years 2018 through 2026, payment to eligible States selected under subsection (c) to provide for medical assistance for home and community-based services under a State plan waiver under subsection (c), (d), or (i) of section 1915 of the Social Security Act (42 U.S.C. 1396n) or section 1115 of the Social Security Act (42 U.S.C. 1315) to individuals who are eligible but, as of January 1, 2017, are on a waiting list for such services through such waiver. (b) State Eligibility.--A State is eligible for a payment under this section if the State submits an application to the Secretary at such time, in such form and manner, and containing such information, provisions, and assurances, as specified by the Secretary. (c) Selection.--Subject to subsection (d), the Secretary shall, for each of fiscal years 2018 through 2026, select, on a competitive basis, from among eligible States, the States that will receive payment under this section. In making such selections, the Secretary shall give priority to-- (1) States with the highest number of individuals on a waiting list described in subsection (a); (2) States with the highest average or highest median periods individuals have been on such a list; and (3) States with individuals on such a list who have the lowest income levels, as compared to the income of individuals on such a list of other eligible States. (d) Funding.-- (1) Funds allocated to states.--Of the funds available for purposes of carrying out this section under section 1941(c) of the Social Security Act (42 U.S.C. 1396w-1(c)), the Secretary shall allocate such funds to States selected under subsection (c) on the basis of criteria, including a State's application submitted under subsection (b), the availability of funds under such section 1941(c), and criteria specified under subsection (c), as determined by the Secretary. (2) Payments to states.--For each calendar quarter beginning on or after October 1, 2017, the Secretary shall pay to each State selected under subsection (c), from the allocation made to the State under paragraph (1), an amount equal to 90 percent of the Federal medical assistance percentage of the amount expended during such quarter for the medical assistance described in subsection (a). (e) Definitions.--In this section: (1) Federal medical assistance percentage.--The term ``Federal medical assistance percentage'' has the meaning given such term in section 1905(b) of the Social Security Act (42 U.S.C. 1396d(b)). (2) Medical assistance.--The term ``medical assistance'' has the meaning given such term in section 1905(a) of the Social Security Act (42 U.S.C. 1396d(a)). (3) State.--The term ``State'' has the meaning given such term for purposes of title XIX of the Social Security Act (42 U.S.C. 1396 et seq.).

Verify Eligibility Coverage Act The bill amends title XIX (Medicaid) of the Social Security Act to allow a state to delay or deny an individual's initial eligibility for Medicaid benefits without providing a reasonable opportunity to submit evidence of a satisfactory immigration status or pending official verification of such status. A state that elects to provide a reasonable period for an individual to provide such evidence may not receive payment for amounts expended on the individual's medical assistance during that period. In FY2018-FY2026, the Centers for Medicare & Medicaid Services, using the Medicaid Improvement Fund, shall pay a 90% federal matching rate to eligible states for home- and community-based services furnished under a state Medicaid waiver to patients who had been on a waiting list for such services.

Verify Eligibility Coverage Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Patient Safety and Health Care Whistleblower Protection Act of 1998''. SEC. 2. PROHIBITION AGAINST DISCRIMINATION OR RETALIATION. (a) In General.--No person shall retaliate or discriminate in any manner against any health care worker because the worker (or any person acting on behalf of the worker) in good faith-- (1) engaged in any disclosure of information relating to the care, services, or conditions of a health care entity; (2) advocated on behalf of a patient or patients with respect to the care, services, or conditions of a health care entity; or (3) initiated, cooperated, or otherwise participated in any investigation or proceeding of any governmental entity relating to the care, services, or conditions of a health care entity. (b) Attempts.--No person shall retaliate or discriminate in any manner against any health care worker because the health care worker has attempted or has an intention to engage in an action described in subsection (a). (c) Restrictions on Reporting Prohibited.--No person shall by contract, policy, or procedure prohibit or restrict any health care worker from engaging in any action for which a protection against discrimination or retaliation is provided under subsection (a). (d) Confidential Information.--This section does not protect disclosures that would violate Federal or State law or diminish or impair the rights of any person to the continued protection of confidentiality of communications provided by State or Federal law. (e) Good Faith Action.--A health care worker with respect to the conduct described in subsection (a)(1) shall be considered to be acting in good faith if the health care worker reasonably believes that-- (1) the information is true; and (2) the information disclosed by the health care worker-- (A) evidences a violation of any law, rule, or regulation, or of a generally recognized professional or clinical standard; or (B) relates to care, services, or conditions which potentially endangers one or more patients or workers or the public. SEC. 3. CONFIDENTIALITY OF COMPLAINTS TO GOVERNMENT AGENCIES. The identity of a health care worker who complains in good faith to a government agency or department about the quality of care, services, or conditions of a health care entity shall remain confidential and shall not be disclosed by any person except upon the knowing written consent of the health care worker and except in the case in which there is imminent danger to health or public safety or an imminent violation of criminal law. SEC. 4. ENFORCEMENT. (a) Private Cause of Action.-- (1) Any health care worker who believes that he or she has been retaliated or discriminated against in violation of section 2 may file a civil action in any Federal or State court of competent jurisdiction against the person believed to have violated section 2. (2) If the court determines that a violation of section 2 has occurred, the court shall award such damages which result from the unlawful act or acts, including compensatory damages, reinstatement, reimbursement of any wages, salary, employment benefits, or other compensation denied or lost to such employee by reason of the violation, as well as punitive damages, attorneys' fees, and costs (including expert witness fees). The court shall award interest on the amount of damages awarded at the prevailing rate. (3) The court may issue temporary, preliminary, and permanent injunctive relief restraining violations of this law, including the restraint of any withholding of the payment of wages, salary, employment benefits, or other compensation, plus interest, found by the court to be due and the restraint of any other change in the terms and conditions of employment and may award such other equitable relief as may be appropriate, including employment, reinstatement, and promotion. (4) An action may be brought under this subsection not later than 2 years after the date of the last event constituting the alleged violation for which the action is brought. (b) Civil Penalty.--Any person who violates a provision of section 2 shall be subject to a civil penalty of not to exceed $10,000 for each violation. In determining the amount of any penalty under this subsection, the appropriateness of such penalty to the size of the business of the person charged and the gravity of the violation shall be considered. The amount of any penalty under this subsection, when finally determined, may be-- (1) deducted from any sums owing by the United States to the person charged; or (2) ordered by the court, in an action brought for a violation of section 2 brought by the health care worker (or workers) who suffered retaliation or discrimination. (c) Criminal Penalty.--Any person who willfully and repeatedly violates a provision of section 2 and such violation is related to-- (1) a pattern or practice of such violations, (2) quality of care, services, or conditions which would likely lead to serious injury or death for patients or health care workers, or (3) retaliation against a health care worker which could lead to serious injury or death, shall be fined in accordance with title 18, United States Code, imprisoned for not more than 1 year, or both. SEC. 5. BURDEN OF PROOF. (a) On Complainant.--In any civil action brought under this Act, the complainant shall have the initial burden of making a prima facie showing that any behavior described in subsections (a) through (c) of section 2 was a contributing factor in the adverse action or inaction alleged in the complaint. A prima facie case shall be established if the complainant can show that-- (1) the respondent knew of the complainant's protected activities at the time that the alleged unfavorable action or inaction was taken; and (2) the discriminatory action occurred within a period of time such that a reasonable person could conclude that an activity protected by section 2(a) or 2(b) was a contributing factor in the discriminatory treatment. (b) On Respondent.--Once the complainant establishes a prima facie case, the burden shifts to the respondent to demonstrate, by clear and convincing evidence, that it would have taken the same adverse action or inaction in the absence of such behavior. SEC. 6. DEFINITIONS. For purposes of this Act: (1) Health care entity.--The term ``health care entity'' includes a health care facility (such as a hospital, clinic, nursing facility, or other provider of health care services) or a health care carrier (such as an insurance plan or health maintenance organization). Such term also includes those State, Federal, or local agencies whose responsibilities include oversight of health care or health care entities. (2) Health care worker.--The term ``health care worker'' includes a worker directly employed by a health care entity as well as an employee of a subcontractor or independent contractor that provides supplies or services to a health care entity. Such term also includes a nurse, nurse's aide, laboratory technician, physician, intern, resident, clerical employee, laundry staff, kitchen staff, maintenance worker, and a current or former worker or contractor. (3) Discrimination or retaliation.--The term ``discrimination or retaliation'' includes a threat, intimidation, or any adverse change in a health care worker's wages, benefits, or terms or conditions of employment. In the case of a health care worker who is not an employee of the health care entity, such term includes any adverse action taken against the worker or the worker's employer, including the cancellation of or refusal to renew a contract with the health care worker or the employer. (4) Care, services, or conditions.--The term ``care, services, or conditions'' includes, with respect to a health care entity, all aspects of the care or treatment of patients by the health care entity (whether on an inpatient or outpatient basis), any health care related services provided directly or indirectly to a patient of the entity, the provision or use of any supplies or equipment utilized in connection with the provision of such health care services, the coverage or provision of benefits under a health insurance policy or by a health maintenance organization, the processing of claims under a health insurance policy, and any conditions that exist in any facility of the entity which affect or may affect the quality or safety of the health care services provided to patients. (5) Person.--The term ``person'' includes an institution, Federal, State, or local governmental entity, or any other public or private entity. (6) Secretary.--The term ``Secretary'' means the Secretary of Labor. SEC. 7. NOTICE. (a) In General.--Each health care entity shall post and keep posted, in conspicuous places on the premises of the health care entity where notices to employees and applicants for employment are customarily posted, a notice, to be prepared or approved by the Secretary, setting forth excerpts from, or summaries of, the pertinent provisions of this Act and information pertaining to the filing of a charge under section 2. (b) Penalty.--Any employer that willfully violates this section may be assessed by the Secretary a civil penalty not to exceed $100 for each separate offense. SEC. 8. NONPREEMPTION. Nothing in this Act preempts any other law, and nothing in this Act shall be construed or interpreted to impair or diminish in any way the authority of any State to enact and enforce any law which provides equivalent or greater protections for health care workers or the disclosure of unsafe practices or conditions in the health care industry. SEC. 9. EFFECTIVE DATE. This Act shall apply to acts of retaliation or discrimination occurring on or after the first day of the first month that begins after the date of the enactment of this Act.

Patient Safety and Health Care Whistleblower Protection Act of 1998 - Prohibits retaliation or discrimination against a health care worker because the worker disclosed information, advocated for patients, or initiated, cooperated with, or participated in any governmental investigation or proceeding regarding the care, services, or conditions of a health care entity if: (1) the information is true; and (2) the information disclosed evidences a violation of a law, rule, or professional standard or relates to matters endangering patients, workers, or the public. Prohibits contracts, policies, and procedures restricting the actions for which retaliation or discrimination is prohibited. Declares that these provisions do not protect disclosures violating confidentiality law. Prohibits disclosing the identity of the worker, subject to exception. Provides for enforcement through private civil actions and, for certain willful and repeated violations, criminal penalties. Declares that this Act does not preempt other laws and allows States to enforce laws providing equivalent or greater worker protections.

Patient Safety and Health Care Whistleblower Protection Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Stimulus Act of 2008''. SEC. 2. ECONOMIC STIMULUS FOR SMALL BUSINESS CONCERNS. (a) In General.--For fiscal year 2008, and to the extent the cost of such reduction in fees are offset by appropriations-- (1) the Administrator shall, in lieu of the fee otherwise applicable under section 7(a)(23)(A) of the Small Business Act (15 U.S.C. 636(a)(23)(A)), collect an annual fee in an amount equal to .25 percent of the outstanding balance of the deferred participation share of a loan made under section 7(a) of the Small Business Act (15 U.S.C. 636(a)) to a small business concern; and (2) with respect to each loan guaranteed under section 7(a) of the Small Business Act (15 U.S.C. 636(a)), the Administrator shall-- (A) in lieu of the fee otherwise applicable under section 7(a)(18)(A) of the Small Business Act (15 U.S.C. 636(a)(18)(A)), collect a guarantee fee in an amount equal to-- (i) 1 percent of the deferred participation share of a total loan amount that is not more than $150,000; (ii) 2.5 percent of the deferred participation share of a total loan amount that is more than $150,000, and not more than $700,000; and (iii) 3 percent of the deferred participation share of a total loan amount that is more than $700,000; and (B) in lieu of the fee otherwise applicable under section 7(a)(18)(A)(iv) of the Small Business Act (15 U.S.C. 636(a)(18)(A)(iv)), collect no fee. (b) Appropriation.-- (1) In general.--There are appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending September 30, 2008-- (A) $150,000,000 for the ``Business Loans Program Account'' of the Administration, for loan subsidies and for loan modifications for loans to small business concerns authorized under subsection (a), to remain available until expended; (B) $2,000,000 for the ``Business Loans Program Account'' of the Administration, for direct loans under the Microloan Program under section 7(m) of the Small Business Act (15 U.S.C. 636(m)), to remain available until expended; and (C) $10,000,000 for the ``Salaries and Expenses Account'' of the Administration, for marketing, management, and technical assistance under section 7(m)(4) of the Small Business Act (15 U.S.C. 636(m)(4)) by intermediaries that make microloans under the Microloan Program, to remain available until expended. (2) Emergency designation.--The amounts provided under this subsection are designated as an emergency requirement pursuant to section 204 of S. Con. Res. 21 (110th Congress). (c) Budgetary Treatment of Loans and Financings.--Assistance made available under any loan made or approved by the Administration under section 7(a) of the Small Business Act (15 U.S.C. 636(a)) during fiscal year 2008, shall be treated as separate programs of the Administration for purposes of the Federal Credit Reform Act of 1990 (2 U.S.C. 661 et seq.) only. (d) Definitions.--In this section-- (1) the terms ``Administration'' and ``Administrator'' means the Small Business Administration and the Administrator thereof, respectively; and (2) the term ``small business concern'' has the same meaning as in section 3 of the Small Business Act (15 U.S.C. 632). SEC. 3. INCREASED EXPENSING FOR SMALL BUSINESSES. (a) In General.--Subsection (b) of section 179 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(7) Special rules for 2008.--In the case of any taxable year beginning in 2008, this subsection shall be applied-- ``(A) by substituting `$200,000' for `$25,000 ($125,000 in the case of taxable years beginning after 2006 and before 2011)' in paragraph (1), and ``(B) by substituting `$800,000' for `$200,000 ($500,000 in the case of taxable years beginning after 2006 and before 2011)'.''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2007. SEC. 4. CARRYBACK OF CERTAIN NET OPERATING LOSSES ALLOWED FOR 5 YEARS; TEMPORARY SUSPENSION OF 90 PERCENT AMT LIMIT. (a) In General.--Subparagraph (H) of section 172(b)(1) of the Internal Revenue Code of 1986 is amended-- (1) by inserting ``5-year carryback of certain losses.--'' after ``(H)'', and (2) by striking ``or 2002'' and inserting ``, 2002, 2007, or 2008''. (b) Temporary Suspension of 90 Percent Limit on Certain NOL Carrybacks.--Subclause (I) of section 56(d)(1)(A)(ii) of the Internal Revenue Code of 1986 is amended-- (1) by striking ``or 2002'' and inserting ``, 2002, 2007, or 2008'', and (2) by striking ``and 2002'' and inserting ``, 2002, 2007, or 2008''. (c) Effective Dates.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall apply to net operating losses for taxable years ending after December 31, 2006. (2) Election.--In the case of a net operating loss for a taxable year ending during 2007 or 2008-- (A) any election made under section 172(b)(3) of the Internal Revenue Code of 1986 may (notwithstanding such section) be revoked before November 1, 2008, and (B) any election made under section 172(j) of such Code shall (notwithstanding such section) be treated as timely made if made before November 1, 2008.

Small Business Stimulus Act of 2008 - Directs the Administrator of the Small Business Administration (SBA) to reduce in 2008 the rate of certain loan fees imposed under the Small Business Act. Appropriates, as an emergency requirement, additional funds in FY2008 for: (1) loan subsidies under the SBA Business Loans Program Account; and (2) direct loans and assistance under the SBA Microloan Program. Amends the Internal Revenue Code to: (1) increase to $200,000 in 2008 the expensing allowance for depreciable business assets; and (2) extend through 2008 the five-year carryback of certain unused net operating losses.

A bill to modify certain fees applicable under the Small Business Act for 2008, to make an emergency appropriation for certain small business programs, and to amend the Internal Revenue Code of 1986 to provide increased expensing for 2008, to provide a 5-year carryback for certain net operating losses, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Recognize, Assist, Include, Support, and Engage Family Caregivers Act of 2017'' or the ``RAISE Family Caregivers Act''. SEC. 2. DEFINITIONS. In this Act: (1) Advisory council.--The term ``Advisory Council'' means the Family Caregiving Advisory Council convened under section 4. (2) Family caregiver.--The term ``family caregiver'' means an adult family member or other individual who has a significant relationship with, and who provides a broad range of assistance to, an individual with a chronic or other health condition, disability, or functional limitation. (3) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. (4) Strategy.--The term ``Strategy'' means the Family Caregiving Strategy set forth under section 3. SEC. 3. FAMILY CAREGIVING STRATEGY. (a) In General.--The Secretary, in consultation with the heads of other appropriate Federal agencies, shall develop jointly with the Advisory Council and submit to the Committee on Health, Education, Labor, and Pensions and the Special Committee on Aging of the Senate, the Committee on Education and the Workforce of the House of Representatives, and the State agencies responsible for carrying out family caregiver programs, and make publically available on the internet website of the Department of Health and Human Services, a Family Caregiving Strategy. (b) Contents.--The Strategy shall identify recommended actions that Federal (under existing Federal programs), State, and local governments, communities, health care providers, long-term services and supports providers, and others are taking, or may take, to recognize and support family caregivers in a manner that reflects their diverse needs, including with respect to the following: (1) Promoting greater adoption of person- and family- centered care in all health and long-term services and supports settings, with the person receiving services and supports and the family caregiver (as appropriate) at the center of care teams. (2) Assessment and service planning (including care transitions and coordination) involving family caregivers and care recipients. (3) Information, education and training supports, referral, and care coordination, including with respect to hospice care, palliative care, and advance planning services. (4) Respite options. (5) Financial security and workplace issues. (6) Delivering services based on the performance, mission, and purpose of a program while eliminating redundancies. (c) Duties of the Secretary.--The Secretary (or the Secretary's designee), in carrying out subsection (a), shall oversee the following: (1) Collecting and making publicly available information, submitted by the Advisory Council under section 4(d) to the Committee on Health, Education, Labor, and Pensions and the Special Committee on Aging of the Senate, the Committee on Education and the Workforce of the House of Representatives, and the State agencies responsible for carrying out family caregiver programs, and made publically available by the Secretary, including evidence-based or promising practices and innovative models (both domestic and foreign) regarding the provision of care by family caregivers or support for family caregivers. (2) Coordinating and assessing existing Federal Government programs and activities to recognize and support family caregivers while ensuring maximum effectiveness and avoiding unnecessary duplication. (3) Providing technical assistance, as appropriate, such as disseminating identified best practices and information sharing based on reports provided under section 4(d), to State or local efforts to support family caregivers. (d) Initial Strategy; Updates.--The Secretary shall-- (1) not later than 18 months after the date of enactment of this Act, develop, publish, and submit to the Committee on Health, Education, Labor, and Pensions and the Special Committee on Aging of the Senate, the Committee on Education and the Workforce of the House of Representatives, and the State agencies responsible for carrying out family caregiver programs, an initial Strategy incorporating the items addressed in the Advisory Council's initial report under section 4(d) and other relevant information, including best practices, for recognizing and supporting family caregivers; and (2) biennially update, republish, and submit to the Committee on Health, Education, Labor, and Pensions and the Special Committee on Aging of the Senate, the Committee on Education and the Workforce of the House of Representatives, and the State agencies responsible for carrying out family caregiver programs the Strategy, taking into account the most recent annual report submitted under section 4(d)(1)-- (A) to reflect new developments, challenges, opportunities, and solutions; and (B) to review progress based on recommendations for recognizing and supporting family caregivers in the Strategy and, based on the results of such review, recommend priority actions for improving the implementation of such recommendations, as appropriate. (e) Process for Public Input.--The Secretary shall establish a process for public input to inform the development of, and updates to, the Strategy, including a process for the public to submit recommendations to the Advisory Council and an opportunity for public comment on the proposed Strategy. (f) No Preemption.--Nothing in this Act preempts any authority of a State or local government to recognize or support family caregivers. (g) Rule of Construction.--Nothing in this Act shall be construed to permit the Secretary (through regulation, guidance, grant criteria, or otherwise) to-- (1) mandate, direct, or control the allocation of State or local resources; (2) mandate the use of any of the best practices identified in the reports required under this Act; or (3) otherwise expand the authority of the Secretary beyond that expressly provided to the Secretary in this Act. SEC. 4. FAMILY CAREGIVING ADVISORY COUNCIL. (a) Convening.--The Secretary shall convene a Family Caregiving Advisory Council to advise and provide recommendations, including identified best practices, to the Secretary on recognizing and supporting family caregivers. (b) Membership.-- (1) In general.--The members of the Advisory Council shall consist of-- (A) the appointed members under paragraph (2); and (B) the Federal members under paragraph (3). (2) Appointed members.--In addition to the Federal members under paragraph (3), the Secretary shall appoint not more than 15 voting members of the Advisory Council who are not representatives of Federal departments or agencies and who shall include at least one representative of each of the following: (A) Family caregivers. (B) Older adults with long-term services and supports needs. (C) Individuals with disabilities. (D) Health care and social service providers. (E) Long-term services and supports providers. (F) Employers. (G) Paraprofessional workers. (H) State and local officials. (I) Accreditation bodies. (J) Veterans. (K) As appropriate, other experts and advocacy organizations engaged in family caregiving. (3) Federal members.--The Federal members of the Advisory Council, who shall be nonvoting members, shall consist of the following: (A) The Administrator of the Centers for Medicare & Medicaid Services (or the Administrator's designee). (B) The Administrator of the Administration for Community Living (or the Administrator's designee who has experience in both aging and disability). (C) The Secretary of Veterans Affairs (or the Secretary's designee). (D) The heads of other Federal departments or agencies (or their designees), including relevant departments or agencies that oversee labor and workforce, economic, government financial policies, community service, and other impacted populations, as appointed by the Secretary or the Chair of the Advisory Council. (4) Diverse representation.--The Secretary shall ensure that the membership of the Advisory Council reflects the diversity of family caregivers and individuals receiving services and supports. (c) Meetings.--The Advisory Council shall meet quarterly during the 1-year period beginning on the date of enactment of this Act and at least three times during each year thereafter. Meetings of the Advisory Council shall be open to the public. (d) Advisory Council Annual Reports.-- (1) In general.--Not later than 12 months after the date of enactment of this Act, and annually thereafter, the Advisory Council shall submit to the Secretary, the Committee on Health, Education, Labor, and Pensions and the Special Committee on Aging of the Senate, the Committee on Education and the Workforce of the House of Representatives, and the State agencies responsible for carrying out family caregiver programs, and make publically available on the internet website of the Department of Health and Human Services, a report concerning the development, maintenance, and updating of the Strategy, including a description of the outcomes of the recommendations and any priorities included in the initial report pursuant to paragraph (2), as appropriate. (2) Initial report.--The Advisory Council's initial report under paragraph (1) shall include-- (A) an inventory and assessment of all federally funded efforts to recognize and support family caregivers and the outcomes of such efforts, including analyses of the extent to which federally funded efforts are reaching family caregivers and gaps in such efforts; (B) recommendations-- (i) to improve and better coordinate Federal programs and activities to recognize and support family caregivers, as well as opportunities to improve the coordination of such Federal programs and activities with State programs; and (ii) to effectively deliver services based on the performance, mission, and purpose of a program while eliminating redundancies, avoiding unnecessary duplication and overlap, and ensuring the needs of family caregivers are met; (C) the identification of challenges faced by family caregivers, including financial, health, and other challenges, and existing approaches to address such challenges; and (D) an evaluation of how family caregiving impacts the Medicare program, the Medicaid program, and other Federal programs. (e) Nonapplicability of FACA.--The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Advisory Council. SEC. 5. FUNDING. No additional funds are authorized to be appropriated to carry out this Act. This Act shall be carried out using funds otherwise authorized. SEC. 6. SUNSET PROVISION. The authority and obligations established by this Act shall terminate on the date that is 5 years after the date of enactment of this Act. Passed the Senate September 26, 2017. Attest: JULIE E. ADAMS, Secretary.

Recognize, Assist, Include, Support, and Engage Family Caregivers Act of 2017 or the RAISE Family Caregivers Act (Sec. 3) This bill directs the Department of Health and Human Services (HHS) to develop and make publicly available a National Family Caregiving Strategy that identifies recommended actions for recognizing and supporting family caregivers in a manner that reflects their diverse needs. (Sec. 4) HHS shall convene a Family Caregiving Advisory Council to advise the department on recognizing and supporting family caregivers. (Sec. 6) The council shall terminate after five years.

Recognize, Assist, Include, Support, and Engage Family Caregivers Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Ensuring Access to Emergency Rooms Act of 2004''. SEC. 2. CONSTITUTIONAL AUTHORITY. The constitutional authority upon which this Act rests is the power of the Congress to provide for the general welfare, to regulate commerce, and to make all laws which shall be necessary and proper for carrying into execution Federal powers, as enumerated in section 8 of article I of the Constitution of the United States. SEC. 3. PROTECTION AGAINST LEGAL LIABILITY FOR EMERGENCY AND RELATED SERVICES FURNISHED TO UNINSURED INDIVIDUALS. Section 224(g) of the Public Health Service Act (42 U.S.C. 233(g)) is amended-- (1) in paragraph (4), by striking ``An entity'' and inserting in lieu thereof ``Subject to paragraph (6), an entity''; and (2) by adding at the end the following: ``(6)(A) For purposes of this section-- ``(i) an entity described in subparagraph (B) shall be considered to be an entity described in paragraph (4); and ``(ii) the provisions of this section shall apply to an entity described in subparagraph (B) in the same manner as such provisions apply to an entity described in paragraph (4), except that-- ``(I) notwithstanding paragraph (1)(B), the deeming of any entity described in subparagraph (B), or of an officer, governing board member, employee, or contractor of such an entity, to be an employee of the Public Health Service for purposes of this section shall apply only with respect to items and services that are furnished to an uninsured individual (as defined in subparagraph (C)) pursuant to section 1867 of the Social Security Act and to post-stabilization services (as defined in subparagraph (D)) furnished to such an individual; ``(II) nothing in paragraph (1)(D) shall be construed as preventing a physician or physician group described in subparagraph (B)(ii) from making the application referred to in such paragraph or as conditioning the deeming of a physician or physician group that makes such an application upon receipt by the Secretary of an application from the hospital or emergency department that employs or contracts with the physician or group; ``(III) notwithstanding paragraph (3), this paragraph shall apply only with respect to causes of action arising from acts or omissions that occur on or after January 1, 2003; ``(IV) paragraph (5) shall not apply to a physician or physician group described in subparagraph (B)(ii); ``(V) the Attorney General, in consultation with the Secretary, shall make separate estimates under subsection (k)(1) with respect to entities described in subparagraph (B) and entities described in paragraph (4) (other than those described in subparagraph (B)), and the Secretary shall establish separate funds under subsection (k)(2) with respect to such groups of entities, and any appropriations under this subsection for entities described in subparagraph (B) shall be separate from the amounts authorized by subsection (k)(2); ``(VI) notwithstanding subsection (k)(2), the amount of the fund established by the Secretary under such subsection with respect to entities described in subparagraph (B) may exceed a total of $10,000,000 for a fiscal year; and ``(VII) subsection (m) shall not apply to entities described in subparagraph (B). ``(B) An entity described in this subparagraph is-- ``(i) a hospital or an emergency department to which section 1867 of the Social Security Act applies; and ``(ii) a physician or physician group that is employed by, or under contract with, such hospital or department to furnish items and services to individuals under such section. ``(C) For purposes of this paragraph, the term `uninsured individual' means an individual who, at the time treatment is provided by an entity described in subparagraph (B) for purposes of complying with section 1867 of the Social Security Act-- ``(i) does not have coverage under-- ``(I) a group health plan (as defined in section 2791(a)(1)); ``(II) part A or B of title XVIII of the Social Security Act; or ``(III) a State plan under title XIX of such Act; and ``(ii) does not have health insurance coverage (as defined in section 2791(b)(1) of the Public Health Service Act (42 U.S.C. 300gg-91(b)(1)) from any other source. ``(D) For purposes of this paragraph, the term `post- stabilization services' means, with respect to an individual who has been treated by an entity described in subparagraph (B) for purposes of complying with section 1867 of the Social Security Act, services that are-- ``(i) related to the condition that was so treated; and ``(ii) provided after the individual is stabilized in order to maintain the stabilized condition or to improve or resolve the individual's condition. ``(E)(i) Nothing in this paragraph (or in any other provision of this section as such provision applies to entities described in subparagraph (B) by operation of subparagraph (A)) shall be construed as authorizing or requiring the Secretary to make payments to such entities, the budget authority for which is not provided in advance by appropriation Acts. ``(ii) The Secretary shall limit the total amount of payments under this paragraph for a fiscal year to the total amount appropriated in advance by appropriation Acts for such purpose for such fiscal year. If the total amount of payments that would otherwise be made under this paragraph for a fiscal year exceeds such total amount appropriated, the Secretary shall take such steps as may be necessary to ensure that the total amount of payments under this paragraph for such fiscal year does not exceed such total amount appropriated.''.

Ensuring Access to Emergency Rooms Act of 2004 - Amends the Public Health Service Act to deem hospitals, emergency rooms, physicians, and physicians groups that provide emergency care to uninsured individuals employees of the Public Health Service for purposes of any civil action that may arise due to items and services furnished and post-stabilization services provided to such individuals. Requires the Attorney General to make separate estimates as to the cost of claims expected to arise under this Act and to establish separate funds for such claims. Requires the Secretary of Health and Human Services to limit the total amount of payments under this Act to the amounts appropriated in advance for such purposes.

To amend the Public Health Service Act to protect certain health care providers against legal liability for providing emergency and related care to uninsured individuals.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Security and Job Protection Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Current law requires that there be across-the-board cuts, known as a ``sequester'', imposed on January 2, 2013. The sequester will result in a 10 percent reduction in non-military personnel programs of the Department of Defense and an 8 percent reduction in certain domestic programs, such as the National Institutes of Health (NIH) and border security. (2) Intended as a mechanism to force action, there is bipartisan agreement that the sequester going into place would undercut key responsibilities of the Federal Government. (3) As the Administration stated in its fiscal year 2013 budget request, ``[Sequestration] would lead to significant cuts to critical domestic programs such as education and research and cuts to defense programs that could undermine our national security. * * * [C]uts of this magnitude done in an across-the-board fashion would be devastating both to defense and non-defense programs.'' (The Budget of the United States Government, Fiscal Year 2013, p. 24, February 13, 2012). (4) On March 29, 2012, The House of Representatives passed H. Con. Res. 112, the budget resolution for fiscal year 2013, which includes reconciliation instructions directing House Committees to craft legislation that would achieve the savings required to replace the sequestration called for in fiscal year 2013, as established by the Budget Control Act of 2011. (5) On May 10, 2012, the House of Representatives passed H.R. 5652, the Sequestration Replacement Reconciliation Act of 2012, which would replace the $98 billion sequestration of discretionary spending called for in 2013, as established by the Budget Control Act of 2011, by making changes in law to reduce direct spending by $310 billion through fiscal year 2022. (6) An analysis of the impact of the sequestration prepared for the Chairman of the House Armed Services Committee found that if left in place, sequestration would cut the military to its smallest size since before the Second World War, all while we are still a nation at war in Afghanistan, facing increased threats from Iran and North Korea, unrest in the Middle East, and a rising China. (7) Major consequences identified by the House Armed Services Committee include the following: (A) 200,000 soldiers and Marines separated from service, bringing our force well below our pre-9/11 levels. (B) Ability to respond to contingencies in North Korea or Iran at jeopardy. (C) The smallest ground force since 1940. (D) A fleet of fewer than 230 ships, the smallest level since 1915. (E) The smallest tactical fighter force in the history of the Air Force. (F) Our nuclear triad that has kept the U.S. and 30 of our allies safe for decades will be in jeopardy. (G) Reductions of 20 percent in defense civilian personnel. (H) Two BRAC rounds of base closings. (House Armed Services Committee memo entitled ``Assessment of Impacts of Budget Cuts'', September 22, 2011). (8) Secretary Panetta and the professional military leadership have also looked at the impact of sequestration and reached similar conclusions. (9) Secretary Panetta stated, ``If the maximum sequestration is triggered, the total cut will rise to about $1 trillion compared with the FY 2012 plan. The impacts of these cuts would be devastating for the Department * * * Facing such large reductions, we would have to reduce the size of the military sharply. Rough estimates suggest after ten years of these cuts, we would have the smallest ground force since 1940, the smallest number of ships since 1915, and the smallest Air Force in its history.'' (Secretary Panetta, Letter to Senator John McCain, November 14, 2011). (10) General Dempsey, Chairman of the Joint Chiefs of Staff, stated, ``[S]equestration leaves me three places to go to find the additional money: operations, maintenance, and training. That's the definition of a hollow force.''. (11) The individual branch service chiefs echoed General Dempsey: (A) ``Cuts of this magnitude would be catastrophic to the military * * * My assessment is that the nation would incur an unacceptable level of strategic and operational risk.''--General Ray T. Odierno, Chief Of Staff, United States Army. (B) ``A severe and irreversible impact on the Navy's future''--Admiral Jonathan W. Greenert, Chief of Naval Operations. (C) ``A Marine Corps below the end strength that's necessary to support even one major contingency,''-- General James F. Amos, Commandant of the Marine Corps. (D) ``Even the most thoroughly deliberated strategy may not be able to overcome dire consequences,''-- General Norton A. Schwartz, Chief of Staff, United States Air Force (Testimony of Service Chief before House Armed Services Committee, November 2, 2011). (12) According to an analysis by the House Appropriations Committee, the sequester will also have a significant impact on non-defense discretionary programs, including the following: (A) Automatically reducing Head Start by $650 million, resulting in 75,000 fewer slots for children in the program. (B) Automatically reducing the National Institutes of Health (NIH) by $2.4 billion, an amount equal to nearly half of total NIH spending on cancer this year. (C) A reduction of approximately 1,870 Border Patrol Agents (a reduction of nearly 9 percent of the total number of agents). (13) Beyond the negative impacts sequestration will have on defense readiness, it will also undermine the industrial base needed to equip our armed forces with the weapons and technology they need to complete their mission. A study released by the National Association of Manufacturers suggests that 1.1 million workers in the supply chain could be adversely affected, including 3.4 percent of workers in the aerospace industry, 3.3 percent of the workforce in the shipbuilding industry and 10 percent of the workers in the search and navigation equipment industry. SEC. 3. CONDITIONAL REPLACEMENT FOR FY 2013 SEQUESTER. (a) Contingent Effective Date.--This section and the amendments made by it shall take effect upon the enactment of-- (1) the Act contemplated in section 201 of H. Con. Res. 112 (112th Congress) that achieves at least the deficit reduction called for in such section for such periods; or (2) similar legislation that achieves outlay reductions within five years after the date of enactment that equal or exceed the outlay reductions flowing from the budget authority reductions mandated by sections 251A(7)(A) and 251A(8) of the Balanced Budget and Emergency Deficit Control Act of 1985, as in force immediately before the date of enactment of this Act, as it applies to direct spending in the defense function for fiscal year 2013 combined with the outlay reductions flowing from the amendment to section 251A(7)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985 made by subsection (c) of this section. (b) Revised 2013 Discretionary Spending Limit.--Paragraph (2) of section 251(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended to read as follows: ``(2) with respect to fiscal year 2013, for the discretionary category, $1,047,000,000,000 in new budget authority;''. (c) Discretionary Savings.--Section 251A(7)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended to read as follows: ``(A) Fiscal year 2013.-- ``(i) Fiscal year 2013 adjustment.--On January 2, 2013, the discretionary category set forth in section 251(c)(2) shall be decreased by $19,104,000,000 in budget authority. ``(ii) Enforcement of discretionary spending caps.--OMB shall issue a supplemental report consistent with the requirements set forth in section 254(f)(2) for fiscal year 2013 using the procedures set forth in section 253(f) on April 15, 2013, to eliminate any discretionary spending breach of the spending limit set forth in section 251(c)(2) as adjusted by clause (i), and the President shall issue an order to eliminate the breach, if any, identified in such report.''. (d) Elimination and Conditional Replacement of the Fiscal Year 2013 Sequestration for Direct Spending.-- (1) Elimination.--Any sequestration order issued by the President under the Balanced Budget and Emergency Deficit Control Act of 1985 to carry out reductions to direct spending for the defense function (050) for fiscal year 2013 pursuant to section 251A of such Act shall have no force or effect. (2) Conditional replacement.--To the extent that legislation enacted pursuant to section 3(a)(2) achieves outlay reductions that exceed the outlay reductions flowing from the budget authority reductions required in section 251A(8) of the Balanced Budget and Emergency Deficit Control Act of 1985, as in force immediately before the date of enactment of this Act, the direct spending reductions for the nonsecurity category for fiscal year 2013 otherwise required to be ordered pursuant to such section shall be reduced by that amount, and Congress so designates for such purpose. SEC. 4. PRESIDENTIAL SUBMISSION. Not later than October 15, 2012, the President shall transmit to Congress a legislative proposal that meets the requirements of section 3(a)(2) of this Act. Passed the House of Representatives September 13, 2012. Attest: KAREN L. HAAS, Clerk.

National Security and Job Protection Act - Makes the effective date of this Act contingent upon enactment of: (1) the reconciliation Act with certain spending reductions for a specified deficit reduction contemplated by H.Con.Res. 112, as passed by the House of Representatives on March 16, 2012; or (2) similar legislation that achieves outlay reductions within five years after enactment that equal or exceed specified outlay reductions flowing from the budget authority reductions required by the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act), as in force immediately before enactment of this Act, as it applies to direct spending in the defense function for FY2013 combined with the outlay reductions flowing from the across-the-board decrease in discretionary spending made by this Act. Amends the Gramm-Rudman-Hollings Act to abolish the distinction between security and nonsecurity categories of discretionary spending for new budget authority in FY2013. Combines the dollar amounts of the current categories ($686 billion for the security category and $361 billion for the nonsecurity category) into a single amount of $1.047 trillion in new budget authority. Revises sequestration requirements for FY2013 to require a $19.104 billion across-the-board decrease in the discretionary spending category as of January 2, 2013. Directs the Office of Management and Budget (OMB) to issue a supplemental sequestration report for FY2013 to eliminate any discretionary spending breach of the $1.047 trillion spending limit, as adjusted by the $19.104 billion across-the-board reduction requirement of this Act. Directs the President to issue an order to eliminate the breach, if any, identified in such report. Nullifies any sequestration order the President may issue under the Gramm-Rudman-Hollings Act to carry out reductions to direct spending for the FY2013 defense function (050). Provides that, if the legislation referred to above is enacted and achieves the outlay reductions specified, and those reductions exceed the outlay reductions flowing from the spending budget authority reductions required by the Gramm-Rudman-Hollings Act, the direct spending reductions for the nonsecurity category for FY2013 (otherwise required to be reduced) shall be reduced by the difference. Requires the President by October 15, 2012, to transmit to Congress a legislative proposal that meets such requirements.

To amend the Balanced Budget and Emergency Deficit Control Act of 1985 to replace the sequester established by the Budget Control Act of 2011.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Taxpayer Protection from Genetic Discrimination Act of 2006''. SEC. 2. NO DISCRIMINATION BY GROUP HEALTH PLANS BASED ON GENETIC INFORMATION. (a) No Discrimination in Group Premiums.--A group health plan sponsored by a covered entity, or a health insurance issuer offering group health insurance coverage in connection with a group health plan sponsored by a covered entity, shall not adjust premium or contribution amounts for a group on the basis of genetic information concerning an individual in the group or a family member of the individual (including information about a request for or receipt of genetic services by an individual or family member of such individual). (b) Limitation on Requesting or Requiring Genetic Testing.-- (1) In general.--A group health plan sponsored by a covered entity, or a health insurance issuer offering health insurance coverage in connection with a group health plan sponsored by a covered entity, shall not request or require an individual or a family member of such individual to undergo a genetic test. (2) Rule of construction.--Nothing in paragraph (1) shall be construed to-- (A) limit the authority of a health care professional who is providing health care services with respect to an individual to request that such individual or a family member of such individual undergo a genetic test; (B) limit the authority of a health care professional who is employed by or affiliated with a group health plan or a health insurance issuer and who is providing health care services to an individual as part of a bona fide wellness program to notify such individual of the availability of a genetic test or to provide information to such individual regarding such genetic test; or (C) authorize or permit a health care professional to require that an individual undergo a genetic test. SEC. 3. LIMITATION ON USE OF GENERIC INFORMATION IN EMPLOYMENT. (a) Use of Genetic Information.--It shall be an unlawful employment practice for any covered entity-- (1) to fail or refuse to hire or to discharge any employee, or otherwise to discriminate against any employee with respect to the compensation, terms, conditions, or privileges of employment of the employee, because of genetic information with respect to the employee (or information about a request for or the receipt of genetic services by such employee or family member of such employee); or (2) to limit, segregate, or classify the employees of the covered entity in any way that would deprive or tend to deprive any employee of employment opportunities or otherwise adversely affect the status of the employee as an employee, because of genetic information with respect to the employee (or information about a request for or the receipt of genetic services by such employee or family member of such employee). (b) Acquisition of Genetic Information.--It shall be an unlawful employment practice for a covered entry to request, require, or purchase genetic information with respect to an employee or a family member of the employee (or information about a request for the receipt of genetic services by such employee or a family member of such employee) except-- (1) where a covered entity inadvertently requests or requires family medical history of the employee or family member of the employee; (2) where-- (A) health or genetic services are offered by the covered entity, including such services offered as part of a bona fide wellness program; (B) the employee provides prior, knowing, voluntary, and written authorization; (C) only the employee (or family member if the family member is receiving genetic services) and the licensed health care professional or board certified genetic counselor involved in providing such services receive individually identifiable information concerning the results of such services; and (D) any individually identifiable genetic information provided under subparagraph (C) in connection with the services provided under subparagraph (A) is only available for purposes of such services and shall not be disclosed to the covered entity except in aggregate terms that do not disclose the identity of specific employees; (3) where an covered entity requests or requires family medical history from the employee to comply with the certification provisions of section 103 of the Family and Medical Leave Act of 1993 (29 U.S.C. 2613) or such requirements under State family and medical leave laws; (4) where an covered entity purchases documents that are commercially and publicly available (including newspapers, magazines, periodicals, and books, but not including medical databases or court records) that include family medical history; or (5) where the information involved is to be used for genetic monitoring of the biological effects of toxic substances in the workplace, but only if-- (A) the covered entity provides written notice of the genetic monitoring to the employee; (B)(i) the employee provides prior, knowing, voluntary, and written authorization; or (ii) the genetic monitoring is required by Federal or State law; (C) the employee is informed of individual monitoring results; (D) the monitoring is in compliance with-- (i) any Federal genetic monitoring regulations, including any such regulations that may be promulgated by the Secretary of Labor pursuant to the Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et seq.), the Federal Mine Safety and Health Act of 1977 (30 U.S.C. 801 et seq.), or the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.); or (ii) State genetic monitoring regulations, in the case of a State that is implementing genetic monitoring regulations under the authority of the Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et seq.); and (E) the covered entity, excluding any licensed health care professional or board certified genetic counselor that is involved in the genetic monitoring program, receives the results of the monitoring only in aggregate terms that do not disclose the identity of specific employees. (c) Preservation of Protections.--In the case of information to which any of paragraphs (1) through (5) of subsection (b) applies, such information may not be used in violation of subsection (a) or section 2. SEC. 4. RELIEF. (a) Cause of Action.--Any employee or family member of an employee of a covered entity who has been adversely effected by a covered entity's violation of section 2 or 3 shall have a cause of action in Federal court for both compensatory and punitive damages. (b) Limitation on Punitive Damages.--In such a case, punitive damages shall not exceed be 30 percent of compensatory damages. SEC. 5. DEFINITIONS. (a) Covered Entity.--In this Act, the term ``covered entity'' refers to any agency or part of the Federal Government, any State or local entity that receives Federal funds, or a Federal contractor. (b) Family Member.--In this Act, the term ``family member'' means with respect to an individual-- (1) the spouse of the individual; (2) a dependent child of the individual, including a child who is born to or placed for adoption with the individual; and (3) all other individuals related by blood to the individual or the spouse or child described in paragraph (1) or (2). (c) Genetic Information.-- (1) In general.--In this Act the term ``genetic information'' means, with respect to an individual, information-- (A) about an individual's genetic tests; (B) about the genetic tests of family members of the individual; or (C) about the occurrence of a disease or disorder in family members of the individual. (2) Exclusions.--Such term does not include information about the sex or age of an individual. (d) Genetic Test.-- (1) In general.--In this Act, the term ``genetic test'' means an analysis of human DNA, RNA, chromosomes, proteins, or metabolites, that detects genotypes, mutations, or chromosomal changes. (2) Exceptions.--Such term does not include-- (A) an analysis of proteins or metabolites that does not detect genotypes, mutations, or chromosomal changes; or (B) an analysis of proteins or metabolites that is directly related to a manifested disease, disorder, or pathological condition that could reasonably be detected by a health care professional with appropriate training and expertise in the field of medicine involved. (e) Genetic Services.--In this Act, the term ``genetic services'' means-- (1) a genetic test; (2) genetic counseling (such as obtaining, interpreting, or assessing genetic information); or (3) genetic education.

Taxpayer Protection from Genetic Discrimination Act of 2006 - Prohibits a group health plan sponsored by a covered entity or a health insurance issuer offering group health insurance coverage in connection with such a plan from: (1) adjusting premiums or contribution amounts for a group on the basis of genetic information concerning an individual in the group or a family member of the individual, including information about a request for or receipt of genetic services by such an individual or family member; and (2) requesting or requiring an individual or family member to undergo a genetic test. Defines "covered entity" as any agency or part of the federal government, any state or local entity that receives federal funds, or a federal contractor. Makes it an unlawful employment practice for any covered entity to discriminate against an individual or deprive such individual of employment opportunities because of genetic information. Prohibits the collection and disclosure of genetic information, with certain exceptions. Establishes a federal cause of action for any employee or family member of an employer of a covered entity who has been adversely effected by a violation of this Act.

To prohibit discrimination by group health plans and employers based on genetic information.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Acquisition Institute Act of 2010''. SEC. 2. ACQUISITION WORKFORCE IMPROVEMENTS. (a) Workforce Improvements.-- (1) In general.--Section 855 of the National Defense Authorization Act for Fiscal Year 2008 (41 U.S.C. 433a) is transferred so as to appear after section 37 of the Office of Federal Procurement Policy Act (41 U.S.C. 433), redesignated as section 37A of the Office of Federal Procurement Policy Act, and amended-- (A) in subsection (a)-- (i) by inserting after the first sentence the following: ``The Associate Administrator shall be chosen on the basis of demonstrated knowledge and expertise in acquisition, human capital, and management.''; (ii) by striking ``The Associate Administrator for Acquisition Workforce Programs shall be located in the Federal Acquisition Institute (or its successor).'' and inserting ``The Associate Administrator shall be located in the Office of Federal Procurement Policy.''; (iii) by redesignating paragraph (5) as subparagraph (6); (iv) in paragraph (4), by striking ``; and'' and inserting a semicolon; and (v) by inserting after paragraph (4) the following new paragraph: ``(5) implementing workforce programs under subsections (f) through (i) of section 37; and''; and (B) by striking subsection (h) and inserting the following new subsections: ``(h) Federal Acquisition Institute.-- ``(1) In general.--There is established a Federal Acquisition Institute (FAI) in order to-- ``(A) foster and promote the development of a professional acquisition workforce Government-wide; ``(B) promote and coordinate Government-wide research and studies to improve the procurement process and the laws, policies, methods, regulations, procedures, and forms relating to acquisition by the executive agencies; ``(C) collect data and analyze acquisition workforce data from the Office of Personnel Management, the heads of executive agencies, and, through periodic surveys, from individual employees; ``(D) periodically analyze acquisition career fields to identify critical competencies, duties, tasks, and related academic prerequisites, skills, and knowledge; ``(E) coordinate and assist agencies in identifying and recruiting highly qualified candidates for acquisition fields; ``(F) develop instructional materials for acquisition personnel in coordination with private and public acquisition colleges and training facilities; ``(G) evaluate the effectiveness of training and career development programs for acquisition personnel; ``(H) promote the establishment and utilization of academic programs by colleges and universities in acquisition fields; ``(I) facilitate, to the extent requested by agencies, interagency intern and training programs; and ``(J) perform other career management or research functions as directed by the Administrator. ``(2) Budget resources and authority.-- ``(A) In general.--The Director of the Office of Management and Budget and the Administrator of General Services shall provide the Federal Acquisition Institute with the necessary budget resources and authority to support government-wide training standards and certification requirements necessary to enhance the mobility and career opportunities of the Federal acquisition workforce. ``(B) Acquisition workforce training fund.--Subject to the availability of funds, the Administer of General Services shall provide the Federal Acquisition Institute with amounts from the acquisition workforce training fund established under section 37(h)(3) sufficient to meet the annual budget for the Federal Acquisition Institute requested by the Administrator for Federal Procurement Policy. ``(3) Federal acquisition institute board of directors.-- ``(A) Reporting to administrator.--The Federal Acquisition Institute shall report through its Board of Directors directly to the Administrator for Federal Procurement Policy. ``(B) Composition.--The Board shall be composed of not more than 8 individuals from the Federal Government representing a mix of acquisition functional areas, all of whom shall be appointed by the Administrator. ``(C) Duties.--The Board shall provide general direction to the Federal Acquisition Institute to ensure that the Institute-- ``(i) meets its statutory requirements; ``(ii) meets the needs of the Federal acquisition workforce; ``(iii) implements appropriate programs; ``(iv) coordinates with appropriate organizations and groups that have an impact on the Federal acquisition workforce; ``(v) develops and implements plans to meet future challenges of the Federal acquisition workforce; and ``(vi) works closely with the Defense Acquisition University. ``(D) Recommendations.--The Board shall make recommendations to the Administrator regarding the development and execution of the annual budget of the Federal Acquisition Institute. ``(4) Director.--The Director of the Federal Acquisition Institute shall be appointed by, and report directly to, the Administrator. ``(i) Government-wide Training Standards and Certification.--The Administrator for Federal Procurement Policy, acting through the Federal Acquisition Institute, shall provide and update government-wide training standards and certification requirements, including-- ``(1) developing and modifying acquisition certification programs; ``(2) ensuring quality assurance for agency implementation of government-wide training and certification standards; ``(3) analyzing the acquisition training curriculum to ascertain if all certification competencies are covered or if adjustments are necessary; ``(4) developing career path information for certified professionals to encourage retention in government positions; ``(5) coordinating with the Office of Personnel Management for human capital efforts; and ``(6) managing rotation assignments to support opportunities to apply skills included in certification. ``(j) Acquisition Internship and Training Programs.--All Federal civilian agency acquisition internship or acquisition training programs shall follow guidelines provided by the Office of Federal Procurement Policy to ensure consistent training standards necessary to develop uniform core competencies throughout the Federal Government. ``(k) Annual Report.--The Administrator shall submit to the Committee on Homeland Security and Governmental Affairs and the Committee on Appropriations of the Senate and the Committee on Oversight and Government Reform and the Committee on Appropriations of the House of Representatives an annual report on the projected budget needs and expense plans of the FAI to fulfill its mandate. ``(l) Chief Acquisition Officer Defined.--In this section, the term `Chief Acquisition Officer' means a Chief Acquisition Officer for an executive agency appointed pursuant to section 16.''. (2) Expanded scope of acquisition workforce training fund.--Section 37(h)(3) of the Office of Federal Procurement Policy Act (41 U.S.C. 433(h)(3)) is amended-- (A) in subparagraph (A), by striking ``to support the training of the acquisition workforce of the executive agencies'' and inserting ``to support the activities set forth in section 37A(h)(1)''; and (B) in subparagraph (E), by striking ``ensure that funds collected for training under this section are not used for any purpose other than the purpose specified in subparagraph (A)'' and inserting ``ensure that funds collected under this section are not used for any purpose other than the activities set forth in section 37A(h)(1)''. (b) Conforming Amendment.--Section 6(d)(5) of the Office of Federal Procurement Policy Act (41 U.S.C. 405(d)(5)) is amended to read as follows: ``(5) providing for and directing the activities of the Federal Acquisition Institute established under section 37A, including recommending to the Administrator of General Services a sufficient budget for such activities;''. (c) Rule of Construction.--Nothing in this section, or the amendments made by this section, shall be construed to preclude the Secretary of Defense from establishing acquisition workforce policies, procedures, training standards, and certification requirements for acquisition positions in the Department of Defense, as provided in chapter 87 of title 10, United States Code. Passed the Senate December 13, 2010. Attest: NANCY ERICKSON, Secretary.

Federal Acquisition Institute Act of 2010 - Amends the National Defense Authorization Act for Fiscal Year 2008 to provide that the Associate Administrator for Acquisition Workforce Programs shall: (1) be chosen on the basis of demonstrated knowledge and expertise in acquisition, human capital, and management; (2) be located in the Office of Federal Procurement Policy; and (3) implement acquisition workforce programs. Requires the Federal Acquisition Institute (FAI) to: (1) foster and promote the development of a professional acquisition workforce government-wide; (2) promote and coordinate government-wide research and studies to improve the procurement process and the laws, policies, methods, regulations, procedures, and forms relating to acquisition by the executive agencies; (3) collect and analyze acquisition workforce data from the Office of Personnel Management (OPM), from the heads of executive agencies, and through periodic surveys of individual employees; (4) periodically analyze acquisition career fields to identify critical competencies, duties, tasks, and related academic prerequisites, skills, and knowledge; (5) coordinate and assist agencies in identifying and recruiting highly qualified candidates for acquisition fields; (6) develop instructional materials for acquisition personnel in coordination with private and public acquisition colleges and training facilities; (7) evaluate the effectiveness of training and career development programs for acquisition personnel; (8) promote the establishment and utilization of academic programs by colleges and universities in acquisition fields; and (9) facilitate interagency intern and training programs. Requires: (1) the Director of the Office of Management and Budget (OMB) and the Administrator of General Services (GSA) to provide FAI with the necessary budget resources and authority to support government-wide training standards and certification requirements necessary to enhance the mobility and career opportunities of the federal acquisition workforce; and (2) the GSA Administrator to provide FAI with amounts from the acquisition training fund sufficient to meet the annual budget for FAI requested by the Administrator for Federal Procurement Policy. Directs FAI to report through its Board of Directors directly to the Administrator for Federal Procurement Policy. Sets forth the composition of the Board, which shall provide general direction to FAI and make recommendations to the Administrator regarding the development and execution of FAI's annual budget. Requires the Director of FAI to be appointed by, and report directly to, the Administrator. Directs: (1) the Administrator for Federal Procurement Policy, acting through FAI, to provide and update government-wide training standards and certification requirements; (2) all federal civilian agency acquisition internship or acquisition training programs to follow guidelines provided by the Office of Federal Procurement Policy to ensure consistent training standards necessary to develop uniform core competencies throughout the federal government; and (3) the Administrator to submit to specified congressional committees an annual report on the projected budget needs and expense plans of FAI. Directs the GSA Administrator to manage the acquisition workforce training fund through FAI to support FAI activities and to ensure that funds collected are only used for such purposes.

A bill to improve the Federal Acquisition Institute.

SECTION 1. SHORT TITLE. This Act may be cited as the ``District of Columbia Retirement Protection Improvement Act of 2004''. SEC. 2. ESTABLISHMENT OF DISTRICT OF COLUMBIA FEDERAL PENSION FUND FOR PAYMENT OF FEDERAL BENEFIT PAYMENTS TO DISTRICT OF COLUMBIA TEACHERS, POLICE OFFICERS, AND FIRE FIGHTERS. (a) In General.--Subtitle A of title XI of the Balanced Budget Act of 1997 (sec. 1--801.01 et seq., D.C. Official Code) is amended-- (1) by redesignating chapter 9 as chapter 10; (2) by redesignating sections 11081 through 11087 as sections 11091 through 11097; and (3) by inserting after chapter 8 the following new chapter: ``CHAPTER 9--DISTRICT OF COLUMBIA FEDERAL PENSION FUND ``SEC. 11081. CREATION OF FUND. ``(a) Establishment.--There is established on the books of the Treasury the District of Columbia Teachers, Police Officers, and Firefighters Federal Pension Fund (hereafter referred to as the `D.C. Federal Pension Fund'), consisting of the following: ``(1) The assets transferred pursuant to section 11083. ``(2) The annual Federal payments deposited pursuant to section 11084. ``(3) Any amounts otherwise appropriated to such Fund. ``(4) Any income earned on the investment of the assets of such Fund pursuant to subsection (b). ``(b) Investment of Assets.--The Secretary shall invest such portion of the assets of the D.C. Federal Pension Fund as is not in the judgment of the Secretary required to meet current withdrawals. Such investments shall be in public debt securities with maturities suitable to the needs of the D.C. Federal Pension Fund, as determined by the Secretary, and bearing interest at rates determined by the Secretary, taking into consideration current market yields on outstanding marketable obligations of the United States of comparable maturities. ``(c) Recordkeeping for Actuarial Status.--The Secretary shall provide for the keeping of such records as are necessary for determining the actuarial status of the D.C. Federal Pension Fund. ``SEC. 11082. USES OF AMOUNTS IN FUND. ``(a) In General.--Amounts in the D.C. Federal Pension Fund shall be used-- ``(1) to make Federal benefit payments under this subtitle; ``(2) subject to subsection (b), to cover the reasonable and necessary administrative expenses incurred by any person in administering the D.C. Federal Pension Fund and carrying out this chapter; ``(3) for the accumulation of funds in order to finance obligations of the Federal Government for future benefits; and ``(4) for such other purposes as are specified in this subtitle. ``(b) Budgeting, Certification, and Approval of Administrative Expenses.--The administrative expenses of the D.C. Federal Pension Fund shall be paid in accordance with an annual budget set forth by the Pension Fund Trustee which shall be subject to certification and approval by the Secretary. ``SEC. 11083. TRANSFER OF ASSETS AND OBLIGATIONS OF TRUST FUND AND FEDERAL SUPPLEMENTAL FUND. ``(a) Transfer of Obligations.--Effective October 1, 2004, all obligations to make Federal benefit payments shall be transferred from the Trust Fund to the D.C. Federal Pension Fund. ``(b) Transfer of Assets.--Effective October 1, 2004, all assets of the Trust Fund and all assets of the Federal Supplemental Fund as of such date shall be transferred to the D.C. Federal Pension Fund. ``SEC. 11084. DETERMINATION OF ANNUAL FEDERAL PAYMENTS INTO D.C. FEDERAL PENSION FUND. ``(a) Annual Amortization Amount.-- ``(1) In general.--At the end of each fiscal year (beginning with fiscal year 2005), the Secretary shall promptly pay into the D.C. Federal Pension Fund from the general fund of the Treasury an amount equal to the annual amortization amount for the year (which may not be less than zero). ``(2) Determination of amount.--For purposes of paragraph (1)-- ``(A) the `original unfunded liability' is the present value as of the effective date of this Act of expected future benefits payable from the Federal Supplemental Fund; and ``(B) the `annual amortization amount' means the amount determined by the enrolled actuary to be necessary to amortize in equal annual installments (until fully amortized)-- ``(i) the original unfunded liability over a 30-year period, ``(ii) a net experience gain or loss over a 10-year period, and ``(iii) any other changes in actuarial liability over a 20-year period. ``(3) Schedule for amortization.--In determining the annual amortization amount under paragraph (2)(B), the enrolled actuary shall include amounts necessary to complete the amortization schedules used for determining the annual amortization amount for payments into the Federal Supplemental Fund under section 11053 (as in effect prior to the enactment of this chapter). ``(b) Administrative Expenses.--During each fiscal year (beginning with fiscal year 2009), the Secretary shall pay into the D.C. Federal Pension Fund from the general fund of the Treasury the amounts necessary to pay the reasonable and necessary administrative expenses described in section 11082(a)(2) for the year. ``SEC. 11085. ADMINISTRATION THROUGH PENSION FUND TRUSTEE. ``(a) In General.--The Secretary shall select a Pension Fund Trustee to carry out the responsibilities and duties specified in this subtitle in accordance with the contract described in subsection (b). ``(b) Contract.--The Secretary shall enter into a contract with the Pension Fund Trustee to provide for the auditing of D.C. Federal Pension Fund assets, the making of Federal benefit payments under this subtitle from the D.C. Federal Pension Fund, and such other matters as the Secretary deems appropriate. The Secretary shall enforce the provisions of the contract and otherwise monitor the administration of the D.C. Federal Pension Fund. ``(c) Subcontracts.--Notwithstanding any provision of a District Retirement Program or any other law, rule, or regulation, the Pension Fund Trustee may, with the approval of the Secretary, enter into one or more subcontracts with the District Government or any person to provide services to the Pension Fund Trustee in connection with its performance of the contract. The Pension Fund Trustee shall monitor the performance of any such subcontract and enforce its provisions. ``(d) Determination by the Secretary.--Notwithstanding subsection (b) or any other provision of this subtitle, the Secretary may determine, with respect to any function otherwise to be performed by the Pension Fund Trustee, that in the interest of economy and efficiency such function shall be performed by the Secretary rather than the Pension Fund Trustee. ``(e) Reports.--The Pension Fund Trustee shall report to the Secretary, in a form and manner and at such intervals as the Secretary may prescribe, on any matters under the responsibility of the Pension Fund Trustee as the Secretary may prescribe. ``SEC. 11086. APPLICABILITY OF OTHER PROVISIONS TO D.C. FEDERAL PENSION FUND. ``The following provisions of this subtitle shall apply with respect to the D.C. Federal Pension Fund in the same manner as such provisions applied with respect to the Trust Fund prior to October 1, 2004: ``(1) Section 11023(b) (relating to the repayment by the District Government of costs attributable to errors or omissions in transferred records). ``(2) Section 11034 (relating to the treatment of the Trust Fund under certain laws). ``(3) Section 11061 (relating to annual valuations and reports by the enrolled actuary), except that in applying section 11061(b) to the D.C. Federal Pension Fund, the annual report required under such section shall include a determination of the annual payment to the D.C. Federal Pension Fund under section 11084. ``(4) Section 11062 (relating to reports by the Comptroller General). ``(5) Section 11071 (relating to judicial review). ``(6) Section 11074 (relating to the treatment of misappropriation of Trust Fund amounts as a Federal crime).''. (b) Termination of Current Funds.-- (1) District of columbia federal pension liability trust fund.--Chapter 4 of subtitle A of title XI of such Act (sec. 1-- 807.01 et seq., D.C. Official Code) is amended by adding at the end the following new section: ``SEC. 11036. TERMINATION OF TRUST FUND. ``Effective upon the transfer of the obligations and assets of the Trust Fund to the D.C. Federal Pension Fund under section 11083-- ``(1) the Trust Fund shall terminate; and ``(2) the obligation to make Federal benefit payments from the Trust Fund, and any duty imposed on any person with respect to the Trust Fund, shall terminate.''. (2) Federal supplemental district of columbia pension fund.-- Chapter 6 of subtitle A of title XI of such Act (sec. 1--811.01 et seq., D.C. Official Code) is amended by adding at the end the following new section: ``SEC. 11056. TERMINATION OF FEDERAL SUPPLEMENTAL FUND. ``Effective upon the transfer of the assets of the Federal Supplemental Fund to the D.C. Federal Pension Fund under section 11083-- ``(1) the Federal Supplemental Fund shall terminate; and ``(2) any duty imposed on any person with respect to the Federal Supplemental fund shall terminate.''. (c) Conforming Definitions.-- (1) Trustee.--Section 11003(16) of such Act (sec. 1-- 801.02(16), D.C. Official Code) is amended by striking the period at the end and inserting the following: ``, or, beginning October 1, 2004, the Pension Fund Trustee selected by the Secretary under section 11085.''. (2) D.C. federal pension fund.--Section 11003 of such Act (sec. 1--801.02, D.C. Official Code) is amended-- (A) by redesignating paragraphs (3) through (16) as paragraphs (4) through (17); and (B) by inserting after paragraph (2) the following new paragraph: ``(3) The term `D.C. Federal Pension Fund' means the District of Columbia Teachers, Police Officers, and Firefighters Federal Pension Fund established under section 11081.''. (d) Other Conforming Amendment.--Section 11041(b) of such Act (sec. 1--809.01(b), D.C. Official Code) is amended in the heading by striking ``From Trust Fund''. (e) Clerical Amendments.--The table of contents of subtitle A of title XI of such Act is amended-- (1) by adding at the end of the items relating to chapter 4 the following: ``Sec. 11036. Termination of Trust Fund.''; (2) by adding at the end of the items relating to chapter 6 the following: ``Sec. 11056. Termination of Federal Supplemental Fund.''; (3) by redesignating the item relating to chapter 9 as relating to chapter 10; (4) by redesignating the items relating to sections 11081 through 11087 as relating to sections 11091 through 11097; and (5) by inserting after the items relating to chapter 8 the following: ``Chapter 9--District of Columbia Federal Pension Fund ``Sec. 11081. Creation of Fund. ``Sec. 11082. Uses of Amounts in Fund. ``Sec. 11083. Transfer of Assets and Obligations of Trust Fund and Federal Supplemental Fund. ``Sec. 11084. Determination of Annual Federal Payment Into D.C. Federal Pension Fund. ``Sec. 11085. Administration Through Pension Fund Trustee. ``Sec. 11086. Applicability of Other Provisions to D.C. Federal Pension Fund.''. SEC. 3. ADMINISTRATION OF DISTRICT OF COLUMBIA JUDICIAL RETIREMENT AND SURVIVORS ANNUITY FUND. (a) Procedures for Resolving Denied Benefit Claims.-- (1) In general.--Section 11--1570(c), D.C. Official Code, is amended by adding at the end the following new paragraph: ``(3)(A) In accordance with procedures approved by the Secretary, the Secretary shall provide to any individual whose claim for a benefit under this subchapter has been denied in whole or in part-- ``(i) adequate written notice of such denial, setting forth the specific reasons for the denial in a manner calculated to be understood by the average participant in the program of benefits under this subchapter; and ``(ii) a reasonable opportunity for a full and fair review of the decision denying such claim. ``(B) Any factual determination made by the Secretary pursuant to this paragraph shall be presumed correct unless rebutted by clear and convincing evidence. The Secretary's interpretation and construction of the benefit provisions of this subchapter shall be entitled to great deference.''. (2) Effective date.--The amendment made by paragraph (1) shall apply with respect to claims for benefits which are made after the date of the enactment of this Act. (b) Treatment of Misappropriation of Fund Amounts as Federal Crime.-- (1) In general.--Section 11--1570, D.C. Official Code, is amended by adding at the end the following new subsection: ``(l) The provisions of section 664 of title 18, United States Code (relating to theft or embezzlement from employee benefit plans), shall apply to the Fund.''. (2) Effective date.--The amendment made by paragraph (1) shall take effect on the date of the enactment of this Act. SEC. 4. ADMINISTRATION OF RETIREMENT PROGRAM FOR POLICE OFFICERS, FIRE FIGHTERS, AND TEACHERS BY OTHER THAN CHIEF FINANCIAL OFFICER. (a) In General.--Section 424(c)(21) of the District of Columbia Home Rule Act (sec. 1--204.24c(21), D.C. Official Code) is amended by striking ``systems'' and inserting the following: ``systems (other than the retirement system for police officers, fire fighters, and teachers)''. (b) Effective Date.--The amendment made by subsection (a) shall apply with respect to fiscal year 2005 and each succeeding fiscal year. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

District of Columbia Retirement Protection Improvement Act of 2004 - (Sec. 2) Amends the Balanced Budget Act of 1997 to establish in the Treasury the District of Columbia Teachers, Police Officers, and Firefighters Federal Pension Fund (D.C. Federal Pension Fund) consisting of transfers of all: (1) District of Columbia Federal Pension Liability Trust Fund obligations to make Federal benefit payments; and (2) assets of such Trust Fund and the Federal Supplemental District of Columbia Pension Fund. Specifies the use of the D.C. Federal Pension Fund, including but not limited to: (1) making Federal benefit payments; and (2) financing Federal obligations for future benefits. Transfers as of October 1, 2004: (1) all obligations to make Federal benefit payments from the Trust Fund to the D.C. Federal Pension Fund; and (2) all assets of the Trust Fund and all assets of the Federal Supplemental Fund to the D.C. Federal Pension Fund. Requires the Secretary of the Treasury to make annual Federal payments into the D.C. Federal Pension Fund from the general fund of the Treasury. Provides for the administration of the D.C. Federal Pension Fund by a Pension Fund Trustee selected by the Secretary. Requires the Secretary to enter into a contract with the Pension Fund Trustree to provide for the auditing of the D.C. Federal Pension Fund's assets, the making of such Federal benefit payments, and such other matters as the Secretary deems appropriate. Authorizes the Pension Fund Trustee, with the Secretary's approval, to enter into one or more subcontracts with the District government or any person to provide services to the Pension Fund Trustee in connection with its performance of the contract. Permits the Secretary to determine, in the interest of economy and efficiency, with respect to any function otherwise to be performed by the Pension Fund Trustee, that such function shall be performed by the Secretary. Applies the same specified Federal law to the D.C. Federal Pension Fund that applied to the Trust Fund before October 1, 2004. Terminates the Trust Fund and the Federal Supplemental Fund upon transfer of all their assets and obligations to the D.C. Federal Pension Fund. (Sec. 3) Sets forth procedures for resolving denied benefit claims with respect to the District of Columbia Judicial Retirement and Survivors Annuity Fund. Treats misappropriation of the D.C. Federal Pension Fund as a Federal crime. (Sec. 4) Amends the District of Columbia Home Rule Act to provide that the Chief Financial Officer shall not administer the retirement system for police officers, fire fighters, and teachers.

To amend the Balanced Budget Act of 1997 to improve the administration of Federal pension benefit payments for District of Columbia teachers, police officers, and fire fighters, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Disaster Assistance Voting Act of 2009''. SEC. 2. APPLICABILITY OF PROTECTIONS FOR ABSENT MILITARY AND OVERSEAS VOTERS TO INDIVIDUALS EVACUATED AS A RESULT OF MAJOR DISASTER. (a) Right of Evacuees To Use Absentee Balloting and Registration Procedures Available to Military and Overseas Voters.--In the case of any individual who is an eligible evacuee-- (1) the individual shall be treated in the same manner as an absent uniformed services voter and overseas voter for purposes of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff et seq.), other than section 103(b)(1) (42 U.S.C. 1973ff-2(b)(1)); and (2) the individual shall be deemed to be an individual who is entitled to vote by absentee ballot for purposes of the National Voter Registration Act of 1993 and the Help America Vote Act of 2002. (b) Definitions.--For purposes of this section, the following definitions apply: (1) The term ``eligible evacuee'' means an individual-- (A) who certifies to the appropriate State election official that the individual's predisaster primary residence is rendered uninhabitable or inaccessible as a result of damage or evacuation caused by a major disaster; and (B) who provides the official with an affidavit stating that the individual intends to return to the place of residence where the individual is otherwise qualified to vote after the election or elections involved. (2) The term ``major disaster'' has the meaning given such term under section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122). (3) The term ``State'' means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, Guam, and the United States Virgin Islands. (c) Effective Date.--This section shall apply with respect to elections for Federal office held in calendar years beginning with 2010. SEC. 3. GRANTS TO STATES FOR RESPONDING TO ELECTION ADMINISTRATION NEEDS RESULTING FROM MAJOR NATURAL DISASTERS. (a) Authority To Make Grants.--The Election Assistance Commission shall make a grant to each eligible State, in such amount as the Commission considers appropriate, for purposes of restoring and replacing supplies, materials, and equipment used in the administration of elections in the State which were damaged as a result of a major natural disaster, and for conducting voter outreach and education for voters displaced as a result of a major natural disaster, as determined on the basis of such criteria as the Commission may establish. (b) Eligibility.-- (1) In general.--A State is eligible to receive a grant under this section if it submits to the Commission (at such time and in such form as the Commission may require) a certification that supplies, materials, and equipment used in the administration of elections in the State were damaged as a result of a major natural disaster. (2) Preference for states using funds for satellite voting sites.--In determining the eligibility of States for receiving grants under this section and the amount of the grant awarded to a State, the Commission shall give preference to States which will use the grant to operate voting sites for displaced voters which are located outside of the area which was affected by the major natural disaster. (c) Definition.--In this section, the term ``State'' means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, Guam, and the United States Virgin Islands. (d) Authorization of Appropriations.--There are authorized to be appropriated for fiscal year 2010 and each succeeding fiscal year such sums as may be necessary to carry out this section, to remain available until expended. SEC. 4. DELAY IN REMOVAL OF REGISTRANTS FROM OFFICIAL LIST OF VOTERS ON GROUNDS OF CHANGE OF RESIDENCE. Section 8 of the National Voter Registration Act of 1993 (42 U.S.C. 1973gg-6) is amended-- (1) in subsection (b)(2)(B), by inserting after ``2 or more'' the following: ``(or, in the case of an individual who at any time after the applicable registrar sends the notice is an eligible evacuee under the Disaster Assistance Voting Act of 2009, 3 or more)''; and (2) in subsection (d)(1)(B)(ii), by inserting after ``the second general election'' the following: ``(or, in the case of an individual who at any time after the date of the notice is an eligible evacuee under the Disaster Assistance Voting Act of 2009, the third general election)''. SEC. 5. NOTIFYING DISPLACED INDIVIDUALS OF AVAILABILITY OF PROTECTIONS. (a) Individuals Receiving Services at Designated State Voter Registration Agencies.--Each motor vehicle authority in a State and each voter registration agency designated in a State under section 7(a) of the National Voter Registration Act of 1993 shall take such steps as may be necessary to notify individuals to whom services are provided of the protections provided by section 2 and of the requirements for obtaining those protections, including the requirement to submit an affidavit stating that the individual intends to return to the place of residence where the individual is otherwise qualified to vote. (b) Applicants for Housing Assistance Under Stafford Act.-- (1) In general.--Section 408(b) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5174(b)) is amended by adding at the end the following new paragraph: ``(3) Notification of availability of right to use certain absentee balloting and registration procedures.--The President shall notify each individual and household who receives housing assistance under this section of the protections provided by section 2 of the Disaster Assistance Voting Act of 2009 (relating to the right to register to vote and vote by absentee ballot in elections for Federal office) and of the requirements for obtaining those protections, including the requirement to submit an affidavit stating that the individual intends to return to the place of residence where the individual is otherwise qualified to vote.''. (2) Effective date.--The amendment made by paragraph (1) shall apply with respect to assistance received on or after the date of the enactment of this Act.

Disaster Assistance Voting Act of 2009 - Applies certain protections for absent military and overseas voters to individuals evacuated (eligible evacuees) as a result of a major disaster. Requires any eligible evacuee to be treated in the same manner as an absentee uniformed services voter and overseas voter for purposes of the Uniformed and Overseas Citizens Absentee Voting Act. Deems such an individual to be entitled to vote by absentee ballot for purposes of the National Voter Reigistration Act of 1993 and the Help America Vote Act of 2002. Directs the Election Assistance Commission to make grants to eligible states to: (1) restore and replace supplies, materials, and equipment used in the state election administration which were damaged as a result of a major natural disaster; and (2) conduct outreach and education for voters displaced for the same reason. Amends the National Voter Registration Act of 1993 to require delay for at least three (currently, two) consecutive federal general elections before removal of eligible evacuees from the official list of voters by reason of their not voting or appearing to vote in several consecutive such elections. Requires each motor vehicle authority and each voter registration agency in a state to take necessary steps to notify individuals to whom their services are provided of the protections afforded by this Act and of the requirements for obtaining them, including submission of an affidavit stating that the individual intends to return to the place of residence where the individual is otherwise qualified to vote. Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to direct the President to send a similar notice to each individual and household receiving assistance under that Act.

To extend to individuals evacuated from their residences as a result of a major disaster the right to use the absentee balloting and registration procedures available to military and overseas voters under the Uniformed and Overseas Citizens Absentee Voting Act, to direct the Election Assistance Commission to make grants to States to respond to election administration needs which result from a major disaster, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``FHA-Insured Hospital Conversion and Reinvestment Act of 2001''. SEC. 2. GRANTS FOR FHA-INSURED HOSPITALS. Section 242 of the National Housing Act (12 U.S.C. 1715z-7) is amended by adding at the end the following: ``(i) Grants for FHA-Insured Hospitals.-- ``(1) Authority and use.--To the extent that amounts for use under this subsection are made available pursuant to section 519(g), the Secretary may make grants to eligible FHA- insured hospitals for use only for purposes that the Secretary determines will reduce the risk of default and loss on mortgages for those hospitals, which purposes shall include-- ``(A) carrying out activities to convert the excess capacity of an eligible FHA-insured hospital to facilities that provide health care and supportive housing for elderly persons and families, including assisted living facilities, nursing homes, and supportive housing for the elderly; and ``(B) assisting in paying debt service for an eligible FHA-insured hospital, including service on debt insured under this section. ``(2) Treatment of mortgage insurance.-- ``(A) In general.--Notwithstanding any provision of this section or of any contract for mortgage insurance provided pursuant to this section, an eligible FHA- insured hospital (or a portion of an eligible FHA- insured hospital) may be converted in accordance with paragraph (1)(A), using grant amounts under this subsection. ``(B) Continuing coverage.--The Secretary shall provide for the uninterrupted continuation of the mortgage insurance coverage for a hospital that is converted in accordance with paragraph (1)(A), for the duration of the original term of the mortgage insurance contract. ``(3) Definitions.--As used in this subsection: ``(A) Assisted living facility; nursing home.--The terms `assisted living facility' and `nursing home' have the same meanings as in section 232 (12 U.S.C. 1715w). ``(B) Elderly person.--The term `elderly person' has the same meaning as in section 202(k) of the Housing Act of 1959 (12 U.S.C. 1701q(k)). ``(C) Eligible fha-insured hospitals.--The term `eligible FHA-insured hospital' means a hospital that-- ``(i) is subject to a mortgage that is insured under this section; ``(ii) would, in the determination of the Secretary, after consultation with the Secretary of Health and Human Services, improve its financial soundness as a result of the proposed activities or costs to be funded with grant amounts under this subsection; and ``(iii) has submitted an application to the Secretary for a grant under this subsection, in accordance with such requirements as the Secretary shall establish. ``(D) Supportive housing for the elderly.--The term `supportive housing for the elderly' has the same meaning as in section 202(k) of the Housing Act of 1959 (12 U.S.C. 1701q(k)). ``(4) Funding.--In addition to any amounts made available under section 519(g), there are authorized to be appropriated for grants under this subsection, such sums as may be necessary for each of fiscal years 2002 through 2006.''. SEC. 3. FUNDING OF GRANTS FROM SURPLUS AMOUNTS IN FHA INSURANCE FUNDS. (a) General Insurance Fund Surplus.--Section 519 of the National Housing Act (12 U.S.C. 1735c) is amended by adding at the end the following: ``(g) Availability of Surplus Amounts for Grants for FHA-Insured Hospitals.-- ``(1) In general.--The amount of any negative credit subsidy that is determined for any fiscal year for purposes of title V of the Congressional Budget Act of 1974 (2 U.S.C. 661 et seq.), and is attributable to the programs referred to in paragraph (2) shall be considered to be new budget authority and shall be available, without fiscal year limitation, for grants under section 242(i). ``(2) Covered programs.--The programs referred to in this paragraph are the programs under this Act for insurance of mortgages and loans that are classified under budget account number 86-0200-0-1-371 and are referred to as `FHA Full Insurance for Health Care Facilities (plus 241/232)', `Health Care Refinances', and `Hospitals' on page 515 of the Appendix to the Budget of the United States Government, Fiscal Year 2001 (H. Doc. 106-162, Vol. II), in the table entitled `Summary of Loan Levels, Subsidy Budget Authority and Outlays by Program'.''. SEC. 4. REGULATIONS. Not later than 120 days after the date of enactment of this Act, pursuant to the authority in section 211 of the National Housing Act (12 U.S.C. 1715b), the Secretary shall issue such rules and regulations as may be necessary to carry out the amendments made by this Act.

FHA-Insured Hospital Conversion and Reinvestment Act of 2001 - Amends the National Housing Act to authorize the Secretary of Housing and Urban Development to make grants to eligible FHA-insured hospitals for use only for purposes that the Secretary determines will reduce the risk of default and loss on mortgages for those hospitals. Includes among such purposes: (1) carrying out activities to convert the excess capacity of an eligible FHA-insured hospital to facilities that provide health care and supportive housing for elderly persons and families, including assisted living facilities, nursing homes, and supportive housing for the elderly; and (2) assisting in paying debt service for an eligible FHA-insured hospital, including service on debt insured under this Act.Authorizes such hospital conversions, and requires the Secretary to provide for uninterrupted continuation of a converted hospital's mortgage insurance coverage for the duration of the original term of the mortgage insurance contract.Makes available to fund conversion grants any negative credit subsidies (surplus amounts) attributable to FHA programs for full insurance for health care facilities.

A bill to provide grants for FHA-insured hospitals.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Katrina Economic Opportunity Act''. SEC. 2. TAX BENEFITS FOR GULF OPPORTUNITY ZONE. (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 section: ``SEC. 1400M. TAX BENEFITS FOR GULF OPPORTUNITY ZONE. ``(a) Zero Percent Capital Gains Rate.-- ``(1) Exclusion.--Gross income shall not include qualified capital gain from the sale or exchange of any Gulf Opportunity Zone asset held for more than 5 years. ``(2) Gulf opportunity zone.--For purposes of this subsection, the term `Gulf Opportunity Zone asset' means-- ``(A) any Gulf Opportunity Zone business stock, ``(B) any Gulf Opportunity Zone partnership interest, and ``(C) any Gulf Opportunity Zone business property. ``(3) Gulf opportunity zone business stock.--For purposes of this subsection-- ``(A) In general.--The term `Gulf Opportunity Zone business stock' means any stock in a domestic corporation which is originally issued after August 28, 2005, if-- ``(i) such stock is acquired by the taxpayer, before January 1, 2007, at its original issue (directly or through an underwriter) solely in exchange for cash, ``(ii) as of the time such stock was issued, such corporation was a Gulf Opportunity Zone business (or, in the case of a new corporation, such corporation was being organized for purposes of being a Gulf Opportunity Zone business), and ``(iii) during substantially all of the taxpayer's holding period for such stock, such corporation qualified as a Gulf Opportunity Zone business. ``(B) Redemptions.--A rule similar to the rule of section 1202(c)(3) shall apply for purposes of this paragraph. ``(4) Gulf opportunity zone partnership interest.--For purposes of this subsection, the term `Gulf Opportunity Zone partnership interest' means any capital or profits interest in a domestic partnership which is originally issued after August 28, 2005, if-- ``(A) such interest is acquired by the taxpayer, before January 1, 2007, from the partnership solely in exchange for cash, ``(B) as of the time such interest was acquired, such partnership was a Gulf Opportunity Zone business (or, in the case of a new partnership, such partnership was being organized for purposes of being a Gulf Opportunity Zone business), and ``(C) during substantially all of the taxpayer's holding period for such interest, such partnership qualified as a Gulf Opportunity Zone business. A rule similar to the rule of subparagraph (B)(ii) shall apply for purposes of this paragraph. ``(5) Gulf opportunity zone business property.--For purposes of this subsection-- ``(A) In general.--The term `Gulf Opportunity Zone business property' means tangible property if-- ``(i) such property was acquired by the taxpayer by purchase (as defined in section 179(d)(2)) after August 28, 2005, and before January 1, 2007, ``(ii) the original use of such property in the Gulf Opportunity Zone commences with the taxpayer, and ``(iii) during substantially all of the taxpayer's holding period for such property, substantially all of the use of such property was in a Gulf Opportunity Zone business of the taxpayer. ``(B) Special rule for buildings which are substantially improved.-- ``(i) In general.--The requirements of clauses (i) and (ii) of subparagraph (A) shall be treated as met with respect to-- ``(I) property which is substantially improved by the taxpayer before January 1, 2007, and ``(II) any land on which such property is located. ``(ii) Substantial improvement.--For purposes of clause (i), property shall be treated as substantially improved by the taxpayer only if, during any 24-month period beginning after August 28, 2005, additions to basis with respect to such property in the hands of the taxpayer exceed the greater of-- ``(I) an amount equal to the adjusted basis of such property at the beginning of such 24-month period in the hands of the taxpayer, or ``(II) $5,000. ``(6) Gulf opportunity zone business.--For purposes of this subsection, the term `Gulf Opportunity Zone business' means any corporation, partnership, or business which would be an enterprise zone business (as defined in section 1397C) if such section were applied by substituting `Gulf Opportunity Zone' for `empowerment zone' each place it appears. ``(7) Special rules related to gulf opportunity zone assets.--For purposes of this subsection-- ``(A) Treatment of subsequent purchasers, etc.--For purposes of this subsection, the term `Gulf Opportunity Zone asset' includes any property which would be a Gulf Opportunity Zone asset but for paragraph (3)(A)(i), (4)(A), or (5)(A)(i) or (ii) in the hands of the taxpayer if such property was a Gulf Opportunity Zone asset in the hands of a prior holder. ``(B) 5-year safe harbor.--If any property ceases to be a Gulf Opportunity Zone asset by reason of paragraph (3)(A)(iii), (4)(C), or (5)(A)(iii) after the 5-year period beginning on the date the taxpayer acquired such property, such property shall continue to be treated as meeting the requirements of such paragraph; except that the amount of gain to which paragraph (1) applies on any sale or exchange of such property shall not exceed the amount which would be qualified capital gain had such property been sold on the date of such cessation. ``(8) Qualified capital gain.--For purposes of this subsection-- ``(A) In general.--Except as otherwise provided in this paragraph, the term `qualified capital gain' means any gain recognized on the sale or exchange of-- ``(i) a capital asset, or ``(ii) property used in the trade or business (as defined in section 1231(b). ``(B) Gain before hurricane or after 2011 not qualified.--The term `qualified capital gain' shall not include any gain attributable to periods before August 29, 2005, or after December 31, 2011. ``(C) Certain ordinary income gain not qualified.-- The term `qualified capital gain' shall not include any gain which would be treated as ordinary income under section 1245 or under section 1250 if section 1250 applied to all depreciation rather than the additional depreciation. ``(D) Intangibles and land not integral part of gulf opportunity zone business.--The term `qualified capital gain' shall not include any gain which is attributable to real property, or an intangible asset, which is not an integral part of a Gulf Opportunity Zone business. ``(E) Related party transactions.--The term `qualified capital gain' shall not include any gain attributable, directly or indirectly, in whole or in part, to a transaction with a related person. For purposes of this subparagraph, persons are related to each other if such persons are described in section 267(b) or 707(b)(1). ``(9) Certain other rules to apply.--Rules similar to the rules of subsections (g), (h), (i)(2), and (j) of section 1202 shall apply for purposes of this subsection. ``(10) Sales and exchanges of interests in partnerships and s corporations which are gulf opportunity zone businesses.--In the case of the sale or exchange of an interest in a partnership, or of stock in an S corporation, which was a Gulf Opportunity Zone business during substantially all of the period the taxpayer held such interest or stock, the amount of qualified capital gain shall be determined without regard to-- ``(A) any gain which is attributable to real property, or an intangible asset, which is not an integral part of a Gulf Opportunity Zone business, and ``(B) any gain attributable to periods before August 29, 2005, or after December 31, 2011. ``(b) Increase and Expansion of Expensing of Business Property.-- ``(1) Waiver of dollar limitations.--The limitations of paragraphs (1) and (2) of section 179(b) shall not apply to Gulf Opportunity Zone property and shall be applied to other property without regard to Gulf Opportunity Zone property. ``(2) Inclusion of real property, etc.--Gulf Opportunity Zone property shall be treated as section 179 property (as defined in section 179(d)) without regard to the limitation of subparagraph (B) of section 179(d)(1). ``(3) Gulf opportunity zone property.--The term `Gulf Opportunity Zone property' means any property-- ``(A) placed in service by the taxpayer during the period beginning on August 28, 2005, and ending on December 31, 2007, in the Gulf Opportunity Zone, and ``(B) substantially all of the use of which is in such Zone and is in the active conduct of a trade or business by the taxpayer in such Zone. ``(4) Recapture.--Rules similar to the rules under section 170(d)(10) shall apply with respect to any Gulf Opportunity Zone property which ceases to be used in the Gulf Opportunity Zone. ``(c) Application of New Markets Tax Credit.-- ``(1) In general.--The Gulf Opportunity Zone shall be treated as a low-income community for purposes of section 45D. ``(2) Coordination with national limitation.-- ``(A) In general.--Any credit allowed under section 45D by reason of paragraph (1) shall not be taken into account under section 45D(f). ``(B) Separate limitation.--There is a limitation on the aggregate credits allowed under section 45D by reason of paragraph (1). Such limitation is-- ``(i) $32,200,000 for 2005, ``(ii) $56,300,000 for 2006, and ``(iii) $56,300,000 for 2007. ``(C) Allocation of limitation.--The limitation under subparagraph (B) shall be allocated by the Secretary among those qualified community development entities (as defined in section 45D(c)) with respect to the Gulf Opportunity Zone which are selected by the Secretary. In making allocations under the preceding sentence, the Secretary shall give priority to entities described in subparagraph (A) or (B) of section 45D(f)(2). ``(D) Carryover of unused limitation.--The rules of paragraph (3) of section 45D(f) shall apply for purposes of this paragraph. ``(d) Gulf Opportunity Zone.--For purposes of this section, the term `Gulf Opportunity Zone' means an area determined by the President to warrant individual or individual and public assistance from the Federal Government under the Robert T. Stafford Disaster Relief and Emergency Assistance Act by reason of Hurricane Katrina.''. (b) Conforming Amendments.-- (1) The heading for subchapter Y of chapter 1 of such Code is amended to read as follows: ``Subchapter Y--Temporary Regional Benefits''. (2) The table of sections for such subchapter is amended by adding at the end the following new item: ``Sec. 1400M. Tax benefits for Gulf Opportunity Zone.''.

Katrina Economic Opportunity Act - Amends the Internal Revenue Code to: (1) exclude from gross income gain from the sale or exchange of a Gulf Opportunity Zone asset (business stock, partnership interest, or property in a Hurricane Katrina disaster area) held for more than five years; (2) waive small business asset expensing limits for Gulf Opportunity Zone assets; and (3) qualify Gulf Opportunity Zone investments for the new markets tax credit.

To amend the Internal Revenue Code of 1986 to provide tax incentives for Hurricane Katrina recovery in the Gulf Opportunity Zone.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Counterterrorism Border Security Enhancement Act''. SEC. 2. BORDER SECURITY ASSESSMENT. (a) In General.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Homeland Security, in consultation with the Secretary of State, shall-- (1) conduct a review and assessment examining how existing border security and entry procedures could be improved and strengthened as a response to-- (A) threats to the homeland emanating from the Islamic State in Iraq and Syria (commonly known as ``ISIS''); and (B) growing participation by United States and European nationals as foreign fighters in Syria and Iraq and in terrorist activity; and (2) submit a report to Congress containing the results of the assessment conducted pursuant to paragraph (1). (b) Focus.--The assessment conducted pursuant to subsection (a) shall consider the Visa Waiver Program requirements for travelers and program countries, including-- (1) the information collected from aliens applying for travel authorization through the Electronic System for Travel Authorization and whether additional information, such as dual nationality, travel history, all travel document data, proposed travel plans, and co-traveler information, should be required; (2) cooperation by program countries with current information sharing efforts under paragraphs (2)(D), (2)(F), and (9)(D) of section 217(c) of the Immigration and Nationality Act (8 U.S.C. 1187(c)); and (3) whether program countries shall be required to establish programs for the collection of advance passenger information to counter terrorist travel. SEC. 3. VISA WAIVER PROGRAM. (a) Electronic System for Travel Authorization.-- (1) Validity of travel eligibility.--Section 217(h)(3)(C)(i) of the Immigration and Nationality Act (8 U.S.C. 1187(h)(3)(C)(i)) is amended to read as follows: ``(i) In general.-- ``(I) Rulemaking.--Subject to subclauses (II) through (IV), the Secretary of Homeland Security, in consultation with the Secretary of State, shall prescribe regulations that provide for a period, not to exceed 3 years, during which a determination of initial eligibility to travel under the program will be valid. ``(II) Application.--An alien may submit an application through the System without imminent travel plans, at which time the alien will be charged the fee established under subparagraph (B). ``(III) Travel plans.--An alien may not travel to the United States under the program unless, before such travel-- ``(aa) the alien submits or updates an application with the alien's proposed travel plans; and ``(bb) the Secretary of Homeland Security approves through the System. ``(IV) Revocation.--Notwithstanding any other provision in this section, the Secretary may revoke approval of eligibility to travel at any time and for any reason.''. (2) Authority to amend information collected and eligibility questions.--The Secretary of Homeland Security, in consultation with the Secretary of State, is authorized to amend regulations promulgated pursuant to section 217(h)(3) of the Immigration and Nationality Act (8 U.S.C. 1187(h)(3)) to ensure that each applicant is required-- (A) to provide biographical information and answer eligibility questions relevant to current security risks identified in the assessment conducted under section 2; and (B) to include information listed in subsection (b)(1) of such section. (b) Report on Cooperation.-- (1) In general.--Not later than 30 days after the date of the enactment of this Act, and every 6 months thereafter, the Secretary of Homeland Security and the Secretary of State shall jointly submit a report to Congress that-- (A) details each Visa Waiver Program country's cooperation with information sharing efforts described in paragraphs (2)(F) and (9)(D) of section 217(c) of the Immigration and Nationality Act (8 U.S.C. 1187(c)); and (B) identifies all the countries that are not fully cooperating with the efforts referred to in subparagraph (A). (2) Effect of noncooperation.-- (A) In general.--Not later than 30 days after a country designated as a Visa Waiver Program country under section 217(c) of the Immigration and Nationality Act (8 U.S.C. 1187(c)) is identified as not fully cooperating under paragraph (1), the Secretary of Homeland Security-- (i) shall terminate such designation; and (ii) may no longer approve any applications submitted by nationals of such country under the Electronic System for Travel Authorization. (B) Reinstatement.--Not sooner than 90 days after the Secretary of Homeland Security, in consultation with the Secretary of State, determines that a country described in subparagraph (A) is fully cooperating, the Secretary of Homeland Security may redesignate such country as a Visa Waiver Program country. (c) Security Risk Updates.--Section 217(c)(5)(A)(i) of the Immigration and Nationality Act (8 U.S.C. 1187(c)(5)(A)(i)) is amended by striking the matter preceding subclause (I) and inserting the following: ``(i) In general.--Not later than 60 days after the date of the enactment of the Counterterrorism Border Security Enhancement Act, and semiannually thereafter, the Secretary of Homeland Security, in consultation with the Secretary of State--''. SEC. 4. VISA APPLICATION PROCESS. The Secretary of State shall submit a plan to Congress for training consular officers on visa interviewing techniques that-- (1) emphasizes counterterrorism efforts; and (2) includes any budgetary implications of implementing the plan. SEC. 5. UNITED STATES CITIZENS ENGAGED IN TERRORIST ACTIVITIES. (a) In General.--Not later than 60 days after the date of the enactment of this Act, the Secretary of Homeland Security, the Secretary of State, and the Attorney General shall jointly submit to Congress a plan for-- (1) increasing, upon arrival at any United States port of entry, the scrutiny of private United States citizens who have recently traveled to Syria, Iraq, Afghanistan, Pakistan, or Libya; and (2) enhancing the capabilities and authorities of the Department of Justice and other Federal agencies to investigate, arrest, charge, and prosecute United States citizens who are suspected of engaging in terrorist acts or involvement with a terrorist organization, including proposals for legislative action that would enhance such capabilities and authorities. (b) Revocation of Passports.--The Act entitled ``An Act To regulate the issue and validity of passports, and for other purposes'', approved July 3, 1926 (44 Stat. 887; 22 U.S.C. 211a et seq.), is amended by adding at the end the following: ``Sec. 5. The Secretary of State may revoke and confiscate any passport issued to a United States citizen who-- ``(1) is suspected of engaging in terrorist activities (as defined in section 212(a)(3)(B)(iv) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B)(iv))) outside of the United States; or ``(2) has demonstrated an intent to engage in the activities referred to in paragraph (1).''. (c) Definition of Treason.--Section 2381 of title 18, United States Code, is amended by inserting ``(including terrorist organizations, as defined in section 212(a)(3)(B)(vi) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B)(vi)))'' after ``enemies''.

Counterterrorism Border Security Enhancement Act - Directs the Secretary of Homeland Security (DHS) to conduct an assessment (which shall consider the visa waiver program requirements for travelers and program countries) and report to Congress regarding: (1) needed border security and entry procedures improvements in response to homeland threats from the Islamic State in Iraq and Syria (ISIS), and (2) growing participation by U.S. and European nationals as foreign fighters in Syria and Iraq and in terrorist activity. Amends the Immigration and Nationality Act regarding the visa waiver program to: (1) expand pre-travel clearance procedures, and (2) increase information-sharing requirements, including suspension of countries not fully cooperating with such requirements. Directs the Secretary of State to submit a plan to Congress for training consular officers on visa interviewing techniques that emphasizes counterterrorism efforts. Directs the Secretary of DHS, the Secretary of State, and the Attorney General (DOJ) to submit to Congress a plan for: (1) increasing the scrutiny of U.S. citizens who have recently traveled to Syria, Iraq, Afghanistan, Pakistan, or Libya; and (2) enhancing DOJ and other federal agency capabilities to investigate, arrest, and prosecute U.S. citizens suspected of engaging in terrorist acts or involvement with a terrorist organization. Authorizes the Secretary of State to revoke and confiscate any passport issued to a U.S. citizen who is suspected of, or who has demonstrated an intent to engage in, terrorist activities. Amends the federal criminal code to include adherence to terrorist organizations within the definition of "treason."

Counterterrorism Border Security Enhancement Act

SECTION 1. FINDINGS. Congress makes the following findings: (1) In September 2000, the United States and the Russian Federation signed a Plutonium Management and Disposition Agreement by which each agreed to dispose of 34 metric tons of weapons-grade plutonium. (2) The agreement with Russia is a significant step toward safeguarding nuclear materials and preventing their diversion to rogue states and terrorists. (3) The Department of Energy plans to dispose of 34 metric tons of weapons-grade plutonium of the United States before the end of 2019 by converting the plutonium to a mixed-oxide fuel to be used in commercial nuclear power reactors. (4) The Department has formulated a plan for implementing the agreement with Russia through construction of a mixed-oxide fuel fabrication facility and a pit disassembly and conversion facility at the Savannah River Site. (5) The United States and the State of South Carolina have a compelling interest in the safe, proper, and efficient operation of the plutonium disposition facilities at the Savannah River Site. The MOX facility will also be economically beneficial to the State of South Carolina, and that economic benefit will not be fully realized unless the MOX facility is built. (6) The State of South Carolina desires to ensure that all plutonium transferred to the State of South Carolina is stored safely; that the full benefits of the MOX facility are realized as soon as possible; and, specifically, that all defense plutonium or defense plutonium materials transferred to the Savannah River Site either be processed or be removed expeditiously. SEC. 2. DEFINITIONS. (a) MOX Production Objective Defined.--The term ``MOX production objective'' means production at the MOX facility of mixed-oxide fuel from defense plutonium and defense plutonium materials at an average rate equivalent to not less than one metric ton of mixed-oxide fuel per year. The average rate shall be determined by measuring production at the MOX facility from the date the facility is declared operational to the Nuclear Regulatory Commission through the date of assessment. (b) MOX Facility Defined.--The term ``MOX facility'' means the mixed-oxide fuel fabrication facility at the Savannah River Site, Aiken, South Carolina. (c) Defense Plutonium and Defense Plutonium Materials Defined.--The term ``defense plutonium or defense plutonium materials'' means weapons-usable plutonium. SEC. 3. DISPOSITION OF WEAPONS-USABLE PLUTONIUM AT SAVANNAH RIVER SITE, SOUTH CAROLINA. (a) Plan for Construction and Operation of MOX Facility.-- (1) Not later than February 1, 2003, the Secretary of Energy shall submit to Congress a plan for the construction and operation of the MOX facility. (2) The plan under paragraph (1) shall include-- (A) a schedule for construction and operations so as to achieve, as of January 1, 2009, and thereafter, the MOX production objective, and to produce 1 metric ton of mixed oxide fuel by December 31, 2009, and (B) a schedule of operations of the MOX facility designed so that 34 metric tons of defense plutonium and defense plutonium materials at the Savannah River Site will be processed into mixed oxide fuel by January 1, 2019. (3)(A) Not later than February 15 each year, beginning in 2004 and continuing for as long as the MOX facility is in use, the Secretary shall submit to Congress a report on the implementation of the plan required by paragraph (1). (B) Each report under subparagraph (A) for years before 2010 shall include-- (i) an assessment of compliance with the schedules included with the plan under paragraph (2); and (ii) a certification by the Secretary whether or not the MOX production objective can be met by January 2009. (C) Each report under subparagraph (A) for years after 2009 shall-- (i) address whether the MOX production objective has been met; and (ii) assess progress toward meeting the obligations of the United States under the Plutonium Management and Disposition Agreement. (D) For years after 2017, each such report shall also include an assessment of compliance with the MOX production objective and, if not in compliance, the plan of the Secretary for achieving one of the following: (i) Compliance with such objective; and (ii) Removal of all remaining defense plutonium and defense plutonium materials from the State of South Carolina. (b) Corrective Actions.-- (1) If a report under subsection (a)(3) indicates that construction or operation of the MOX facility is behind the applicable schedule under subsection (a)(2) by 12 months or more, the Secretary shall submit to Congress, not later than August 15 of the year in which such report is submitted, a plan for corrective actions to be implemented by the Secretary to ensure that the MOX facility project is capable of meeting the MOX production objective by January 1, 2009. (2) If a plan is submitted under paragraph (1) in any year after 2008, the plan shall include corrective actions to be implemented by the Secretary to ensure that the MOX production objective is met. (3) Any plan for corrective actions under paragraph (1) or (2) shall include establish milestones under such plan for achieving compliance with the MOX production objective. (4) If before January 1, 2009, the Secretary determines that there is a substantial and material risk that the MOX production objective will not be achieved by 2009 because of a failure to achieve milestones set forth in the most recent corrective action plan under this subsection, the Secretary shall suspend further transfers of defense plutonium and defense plutonium materials to be processed by the MOX facility until such risk is addressed and the Secretary certifies that the MOX production objective can be met by 2009. (5) If after January 1, 2009, the Secretary determines that the MOX production objective has not been achieved because of a failure to achieve milestones set forth in the most recent corrective action plan under this subsection, the Secretary shall suspend further transfers of defense plutonium and defense plutonium materials to be processed by the MOX facility until the Secretary certifies that the MOX production objective can be met. (6)(A) Upon making a determination under paragraph (4) or (5), the Secretary shall submit to Congress a report on the options for removing from the State of South Carolina an amount of defense plutonium or defense plutonium materials equal to the amount of defense plutonium or defense plutonium materials transferred to the State of South Carolina after April 15, 2002. (B) Each report under subparagraph (A) shall include an analysis of each option set forth in the report, including the cost and schedule for implementation of such option, and any requirements under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) relating to consideration or selection of such option. (C) Upon submittal of a report under paragraph (A), the Secretary shall commence any analysis that may be required under the National Environmental Policy Act of 1969 in order to select among the options set forth in the report. (c) Contingent Requirement for Removal of Plutonium and Materials From Savannah River Site.--If the MOX production objective is not achieved as of January 1, 2009, the Secretary shall, consistent with the National Environmental Policy Act of 1969 and other applicable laws, remove from the State of South Carolina, for storage or disposal elsewhere-- (1) not later than January 1, 2011, not less than 1 metric ton of defense plutonium or defense plutonium materials; and (2) not later than January 1, 2017, an amount of defense plutonium or defense plutonium materials equal to the amount of defense plutonium or defense plutonium materials transferred to the Savannah River Site between April 15, 2002 and January 1, 2017, but not processed by the MOX facility. (d) Economic and Impact Assistance.-- (1) If the MOX production objective is not achieved as of January 1, 2011, the Secretary shall pay to the State of South Carolina each year beginning on or after that date through 2016 for economic and impact assistance an amount equal to $1,000,000 per day until the later of-- (A) the passage of 100 days in such year; (B) the MOX production objective is achieved in such year; or (C) the Secretary has removed from the State of South Carolina in such year at least 1 metric ton of defense plutonium or defense plutonium materials. (2)(A) If the MOX production objective is not achieved as of January 1, 2017, the Secretary shall pay to the State of South Carolina each year beginning on or after that date through 2024 for economic and impact assistance an amount equal to $1,000,000 per day until the later of-- (i) the passage of 100 days in such year; (ii) the MOX production objective is achieved in such year; or (iii) the Secretary has removed from the State of South Carolina an amount of defense plutonium or defense plutonium materials equal to the amount of defense plutonium or defense plutonium materials transferred to the Savannah River Site between April 15, 2002, and January 1, 2017, but not processed by the MOX facility. (B) Nothing in this paragraph may be construed to terminate, supersede, or otherwise affect any other requirements of this section. (3) The Secretary shall make payments, if any, under this subsection, from amounts authorized to be appropriated to the Department of Energy. (4) If the State of South Carolina obtains an injunction that prohibits the Department from taking any action necessary for the Department to meet any deadline specified by this subsection, that deadline shall be extended for a period of time equal to the period of time during which the injunction is in effect. (e) Failure To Complete Planned Disposition Program.--If on July 1 each year beginning in 2020 and continuing for as long as the MOX facility is in use, less than 34 metric tons of defense plutonium or defense plutonium materials have been processed by the MOX facility, the Secretary shall submit to Congress a plan for-- (1) completing the processing of 34 metric tons of defense plutonium and defense plutonium material by the MOX facility; or (2) removing from the State of South Carolina an amount of defense plutonium or defense plutonium materials equal to the amount of defense plutonium or defense plutonium materials transferred to the Savannah River Site after April 15, 2002, but not processed by the MOX facility. (f) Removal of Mixed Oxide Fuel Upon Completion of Operations of MOX Facility.--If one year after the date on which operation of the MOX facility permanently ceases any mixed oxide fuel remains at the Savannah River Site, the Secretary shall submit to Congress-- (1) a report on when such fuel will be transferred for use in commercial nuclear reactors; or (2) a plan for removing such fuel from the State of South Carolina. SEC. 4. STUDY OF FACILITIES FOR STORAGE OF PLUTONIUM AND PLUTONIUM MATERIALS. (a) The Defense Nuclear Facilities Safety Board shall conduct a study of the adequacy of K-Area Materials Storage facility (KAMS), and related support facilities such as Building 235-F, at the Savannah River Site for the storage of defense plutonium and defense plutonium materials in connection with the disposition program provided in this section and in connection with the amended Record of Decision of the Department for fissile materials disposition. (b) Not later than one year after the date of the enactment of this Act, the Defense Nuclear Facilities Safety Board shall submit to Congress and the Secretary a report on the study conducted under paragraph (1). (c) The report under paragraph (2) shall-- (1) address-- (A) the suitability of KAMS, and related support facilities, for monitoring and observing any defense plutonium or defense plutonium materials stored in KAMS; (B) the adequacy of the provisions made by the Department for remote monitoring of such defense plutonium and defense plutonium materials by way of sensors and for handling of retrieval of such defense plutonium and defense plutonium materials; and (C) the adequacy of KAMS should such defense plutonium and defense plutonium materials continue to be stored at KAMS after 2019; and (2) include such recommendations as the Defense Nuclear Facilities Safety Board considers appropriate to enhance the safety, reliability, and functionality of KAMS. (d) Not later than six months after the date on which the report under paragraph (2) is submitted to Congress, and every year thereafter, the Secretary and the Board shall each submit to Congress a report on the actions taken by the Secretary in response to the recommendations, if any, included in the report.

Directs the Secretary of Energy to submit to Congress a plan for the construction and operation at the Savannah River Site, South Carolina, of a mixed-oxide fuel facility for converting weapons-grade plutonium to a mixed-oxide fuel for use in commercial nuclear power reactors. Provides a construction schedule and production deadline dates, with the goal of achieving facility construction by January 1, 2009, and of processing 34 metric tons of plutonium into mixed-oxide fuel by January 1, 2019. Requires: (1) the Secretary to submit corrective action plans if the schedule and deadlines are not met; (2) the removal or disposal of unprocessed plutonium from the Site if the schedule and deadlines are not met; and (3) payment to South Carolina of economic and impact assistance associated with not meeting the schedule and deadlines. Directs the Secretary to submit to Congress: (1) a plan to address the failure to complete the planned removal or disposal; and (2) a report on the removal of the facility upon completion of operations.Requires the Defense Nuclear Facilities Safety Board to study and report to Congress and the Secretary on the adequacy of the K-Area Materials Storage Facility and related facilities at the Savannah River Site for the storage of defense plutonium and related materials in connection with the plutonium disposition program.

A bill to provide for the disposition of weapons-usable plutonium at the Savannah River Site, South Carolina.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Encourage Initiative and Promote Self-Esteem Act of 2005''. SEC. 2. AMENDMENTS TO TITLE II OF THE SOCIAL SECURITY ACT. (a) In General.--Section 222 of the Social Security Act (42 U.S.C. 422) is amended by adding at the end the following new subsection: ``Special Rules for Benefits Based on Waxing and Waning Medical Condition ``(f)(1) In the case of any qualifying disabled individual-- ``(A) the termination month for purposes of section 223(a)(1) or subsection (d)(1)(G), (e)(1), or (f)(1) of section 202 shall be, in lieu of the termination month otherwise described therein, the third month following the end of the individual's special entitlement period, ``(B) the extent to which benefits of the individual under section 223 or subsection (d), (e), or (f) of section 202 are payable for any month during the individual's special entitlement period shall be determined without regard to whether the individual engages in substantial gainful activity, ``(C) the amount of the individual's monthly insurance benefit payable for any month during the special entitlement period shall not exceed the maximum benefit payment for the month determined under paragraph (4), and ``(D) the Commissioner shall not undertake a review of such individual's disability during any month following a month in which such individual performs services from which such individual earns the greater of $300 or the dollar amount derived for the month for purposes of this subparagraph under paragraph (6). ``(2) For purposes of paragraph (1), the term `qualifying disabled individual' means an individual-- ``(A) who is entitled to disability insurance benefits under section 223, child's insurance benefits under section 202(d) based on the individual's disability, or widow's or widower's insurance benefits under subsection (e) or (f) of section 202 based on the individual's disability, and ``(B) whose disability is based (in whole or in part) on a waxing and waning medical condition. ``(3) For purposes of paragraph (1), the special entitlement period of an individual under this subsection-- ``(A) begins with the month in which the individual becomes entitled to benefits described in paragraph (2)(A), and ``(B) ends with any month during which the Commissioner determines that the impairment on the basis of which such benefits are provided has ceased, does not exist, or is not disabling. ``(4) The amount of a qualifying disabled individual's benefit described in paragraph (2) which is payable for any month under this title commencing with or after such individual's 7th month of entitlement shall not exceed the amount of such benefit otherwise payable under this title, reduced (to not less than zero), by \2/3\ of the individual's excess trial earnings amount for such month. ``(5) For purposes of this paragraph-- ``(A) The term `waxing and waning medical condition' means, in connection with an individual, any medical condition which, prior to the first month of entitlement of the individual, has been certified to the Commissioner by a qualified physician as a condition which, in the case of such individual, may reasonably be expected to involve, in the absence of recovery, periods for which the individual will be able to engage in substantial gainful activity interspersed among periods for which the individual will not, by reason of a lack of adequate and reasonably available assistive technology, be able to engage in substantial gainful activity. ``(B) The term `excess trial earnings' of an individual for any month means the excess (if any) of-- ``(i) the average amount earned by such individual from services performed each month during the most recent test period commencing with or after the first month of the such individual's special entitlement period, over ``(ii) the trial earnings threshold for such month. ``(C) The term `test period' in connection with any month means the period of the first 3 calendar months of the period of 6 calendar months immediately preceding such month. ``(D) The term `trial earnings threshold' for a month means the greater of $580 or the product derived for the month for purposes of this subparagraph under paragraph (6). ``(6) The product derived under this paragraph for any month for purposes of subparagraph (D) of paragraph (1) or subparagraph (D) of paragraph (5) is the product derived by multiplying the dollar amount specified in such subparagraph by the ratio of-- ``(A) the national average wage index (as defined in section 209(k)(1)) for the first of the 2 preceding calendar years, to ``(B) the national average wage index (as so defined) for calendar year 2003. Any such product which is not a multiple of $10 shall be rounded to the next higher multiple of $10 where such product is a multiple of $5 but not of $10 and to the nearest multiple of $10 in any other case. The Secretary shall determine and publish the trial earnings threshold for each month in November of the preceding calendar year.''. (b) Conforming Amendments.-- (1) Termination month.-- (A) Section 223(a)(1) of such Act (42 U.S.C. 423(a)(1)) is amended by inserting, after the first full sentence beginning in the matter following subparagraph (E), the following new sentence: ``The termination month of a qualifying disabled individual (as defined in section 222(f)(2)) shall be determined under section 222(f)(1)(A).''. (B) Section 202(d)(1)(G)(i) of such Act (42 U.S.C. 402(d)(1)(G)(i)) is amended by striking ``activity)'' and inserting ``activity, and, in the case of a qualifying disabled individual (as defined in section 222(f)(2)), the termination month shall be the month determined under section 222(f)(1)(A))''. (C) Section 202(e)(1) of such Act (42 U.S.C. 402(e)(1)) is amended by inserting, after the first full sentence beginning in the matter following subparagraph (F)(ii), the following new sentence: ``The termination month of a qualifying disabled individual (as defined in section 222(f)(2)) shall be determined under section 222(f)(1)(A).''. (D) Section 202(f)(1) of such Act (42 U.S.C. 402(f)(1)) is amended by inserting, after the first full sentence beginning in the matter following subparagraph (F)(ii), the following new sentence: ``The termination month of a qualifying disabled individual (as defined in section 222(f)(2)) shall be determined under section 222(f)(1)(A).''. (2) Conforming amendment to current rules regarding substantial gainful activity by other individuals during extended periods of eligibility.--Section 223(e)(1) of such Act (42 U.S.C. 423(e)(1)) is amended by striking ``No benefit'' and inserting ``In the case of an individual other than a qualifying disabled individual (as defined in section 222(f)(2)), no benefit'', and by striking ``to an individual'' and inserting ``to such individual''. (c) Effective Date.--The amendments made by this section shall apply with respect to individuals who are entitled to disability insurance benefits under section 223 of the Social Security Act, child's insurance benefits under section 202(d) of such Act (based on the individual's disability), or wife's or husband's insurance benefits under subsection (b) or (c) of section 202 of such Act (based on the individual's disability) on or after the date of the enactment of this Act and whose trial work period in connection with such entitlement has not terminated as of such date. SEC. 3. AMENDMENT TO TITLE XVI OF THE SOCIAL SECURITY ACT. (a) In General.--Section 1611 of the Social Security Act (42 U.S.C. 1382) is amended by adding at the end the following new subsection: ``Special Rules for Disability Benefit Based on Waxing and Waning Medical Condition ``(j)(1) In the case of any qualifying disabled individual-- ``(A) the extent to which a benefit under this title by reason of disability is payable with respect to the individual during the special entitlement period of the individual shall be determined without regard to whether the individual is able to engage in substantial gainful activity; ``(B) the amount of the benefit payable for any month during the special entitlement period shall not exceed the maximum benefit payable with respect to the individual for the month, as determined under paragraph (4); and ``(C) the Commissioner shall not undertake a review of the individual's disability during any month following a month in which such individual performs services from which the individual earns the greater of $300 or the dollar amount derived for the month for purposes of section 222(f)(1)(D) under section 222(f)(6). ``(2) For purposes of paragraph (1), the term `qualifying disabled individual' means an individual who is an eligible individual for purposes of this title by reason of disability, and whose disability is based (in whole or in part) on a waxing and waning medical condition. ``(3) For purposes of paragraph (1), the special entitlement period of an individual-- ``(A) begins with the month in which the individual becomes entitled to benefits under this title by reason of disability; and ``(B) ends with any month during which the Commissioner determines that the impairment on the basis of which such benefits are provided has ceased, does not exist, or is not disabling. ``(4) The amount of the benefit of a qualifying disabled individual which is payable for any month under this title commencing with or after the 7th month for which the individual is eligible for benefits under this title by reason of such disability shall not exceed the amount of the benefit otherwise payable under this title, reduced (to not less than zero) by \2/3\ of the individual's excess trial earnings amount for the month. ``(5) For purposes of this subsection: ``(A) The term `waxing and waning medical condition' means, in connection with an individual, any medical condition which, prior to the first month of eligibility of the individual for benefits under this title by reason of disability, has been certified to the Commissioner by a qualified physician as a condition which, in the case of such individual, may reasonably be expected to involve, in the absence of recovery, periods for which the individual will be able to engage in substantial gainful activity interspersed among periods for which the individual will not, by reason of a lack of adequate and reasonably available assistive technology, be able to engage in substantial gainful activity. ``(B) The term `excess trial earnings' of an individual for any month has the meaning given the term in section 222(f)(5)(B). ``(C) The term `test period' in connection with any month has the meaning given the term in section 222(f)(5)(C). ``(D) The term `trial earnings threshold' for a month has the meaning given the term in section 222(f)(5)(D).''. (b) Effective Date.--The amendment made by subsection (a) shall apply to benefits payable for months beginning after the date of the enactment of this Act.

Encourage Initiative and Promote Self-Esteem Act of 2005 - Amends titles II (Old Age, Survivors, and Disability Insurance) and XVI (Supplemental Security Income) of the Social Security Act to establish special rules for disability benefits based on waxing and waning medical condition.

To amend titles II and XVI of the Social Security Act to provide for equitable treatment of disability beneficiaries with waxing and waning medical conditions.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Drug-Free Families Act of 1999''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The National Institute on Drug Abuse estimates that in 1962, less than 1 percent of the nation's adolescents had ever tried an illicit drug. By 1979, drug use among young people had escalated to the highest levels in history: 34 percent of adolescents (ages 12-17), 65 percent of high school seniors (age 18), and 70 percent of young adults (ages 18-25) had used an illicit drug in their lifetime. (2) Drug use among young people was not confined to initial trials. By 1979, 16 percent of adolescents, 39 percent of high school seniors, and 38 percent of young adults had used an illicit drug in the past month. Moreover, 1 in 9 high school seniors used marijuana daily. (3) In 1979, the year the largest number of seniors used marijuana, their belief that marijuana could hurt them was at its lowest (35 percent) since surveys have tracked these measures. (4) Three forces appeared to be driving this escalation in drug use among children and young adults. Between 1972 and 1978, a nationwide political campaign conducted by drug legalization advocates persuaded 11 State legislatures to ``decriminalize'' marijuana. (Many of those States have subsequently ``recriminalized'' the drug.) Such legislative action reinforced advocates' assertion that marijuana was ``relatively harmless.'' (5) The decriminalization effort gave rise to the emergence of ``head shops'' (shops for ``heads,'' or drug users--``coke heads,'' ``pot heads,'' ``acid heads,'' etc.) which sold drug paraphernalia--an array of toys, implements, and instructional pamphlets and booklets to enhance the use of illicit drugs. Some 30,000 such shops were estimated to be doing business throughout the nation by 1978. (6) In the absence of Federal funding for drug education then, most of the drug education materials that were available proclaimed that few illicit drugs were addictive and most were ``less harmful'' than alcohol and tobacco and therefore taught young people how to use marijuana, cocaine, and other illicit drugs ``responsibly''. (7) Between 1977 and 1980, 3 national parent drug- prevention organizations--National Families in Action, PRIDE, and the National Federation of Parents for Drug-Free Youth (now called the National Family Partnership)--emerged to help concerned parents form some 4,000 local parent prevention groups across the nation to reverse all of these trends in order to prevent children from using drugs. Their work created what has come to be known as the parent drug-prevention movement, or more simply, the parent movement. This movement set 3 goals: to prevent the use of any illegal drug, to persuade those who had started using drugs to stop, and to obtain treatment for those who had become addicted so that they could return to drug-free lives. (8) The parent movement pursued a number of objectives to achieve these goals. First, it helped parents educate themselves about the harmful effects of drugs, teach that information to their children, communicate that they expected their children not to use drugs, and establish consequences if children failed to meet that expectation. Second, it helped parents form groups with other parents to set common age- appropriate social and behavioral guidelines to protect their children from exposure to drugs. Third, it encouraged parents to insist that their communities reinforce parents' commitment to protect children from drug use. (9) The parent movement stopped further efforts to decriminalize marijuana, both in the States and at the Federal level. (10) The parent movement worked for laws to ban the sale of drug paraphernalia. If drugs were illegal, it made no sense to condone the sale of toys and implements to enhance the use of illegal drugs, particularly when those products targeted children. As town, cities, counties, and States passed anti- paraphernalia laws, drug legalization organizations challenged their Constitutionality in Federal courts until the early 1980's, when the United States Supreme Court upheld Nebraska's law and established the right of communities to ban the sale of drug paraphernalia. (11) The parent movement insisted that drug-education materials convey a strong no-use message in compliance with both the law and with medical and scientific information that demonstrates that drugs are harmful, particularly to young people. (12) The parent movement encouraged others in society to join the drug prevention effort and many did, from First Lady Nancy Reagan to the entertainment industry, the business community, the media, the medical community, the educational community, the criminal justice community, the faith community, and local, State, and national political leaders. (13) The parent movement helped to cause drug use among young people to peak in 1979. As its efforts continued throughout the next decade, and as others joined parents to expand the drug-prevention movement, between 1979 and 1992 these collaborative prevention efforts contributed to reducing monthly illicit drug use by two-thirds among adolescents and young adults and reduced daily marijuana use among high-school seniors from 10.7 percent to 1.9 percent. Concurrently, both the parent movement and the larger prevention movement that evolved throughout the 1980's, working together, increased high school seniors' belief that marijuana could hurt them, from 35 percent in 1979 to 79 percent in 1991. (14) Unfortunately, as drug use declined, most of the 4,000 volunteer parents groups that contributed to the reduction in drug use disbanded, having accomplished the job they set out to do. But the absence of active parent groups left a vacuum that was soon filled by a revitalized drug-legalization movement. Proponents began advocating for the legalization of marijuana for medicine, the legalization of all Schedule I drugs for medicine, the legalization of hemp for medicinal, industrial and recreational use, and a variety of other proposals, all designed to ultimately attack, weaken, and eventually repeal the nation's drug laws. (15) Furthermore, legalization proponents are also beginning to advocate for treatment that maintains addicts on the drugs to which they are addicted (heroin maintenance for heroin addicts, controlled drinking for alcoholics, etc.), for teaching school children to use drugs ``responsibly,'' and for other measures similar to those that produced the drug epidemic among young people in the 1970's. (16) During the 1990's, the message embodied in all of this activity has once again driven down young people's belief that drugs can hurt them. As a result, the reductions in drug use that occurred over 13 years reversed in 1992, and adolescent drug use has more than doubled. (17) Today's parents are almost universally in the workplace and do not have time to volunteer. Many families are headed by single parents. In some families no parents are available, and grandparents, aunts, uncles, or foster parents are raising the family's children. (18) Recognizing that these challenges make it much more difficult to reach parents today, several national parent and family drug-prevention organizations have formed the Parent Collaboration to address these issues in order to build a new parent and family movement to prevent drug use among children. (19) Motivating parents and parent groups to coordinate with local community anti-drug coalitions is a key goal of the Parent Collaboration, as well as coordinating parent and family drug-prevention efforts with Federal, State, and local governmental and private agencies and political, business, medical and scientific, educational, criminal justice, religious, and media and entertainment industry leaders. SEC. 3. PURPOSES. The purposes of this Act are to-- (1) build a movement to help parents and families prevent drug use among their children and adolescents; (2) help parents and families reduce drug abuse and drug addiction among adolescents who are already using drugs, and return them to drug-free lives; (3) increase young people's perception that drugs are harmful to their health, well-being, and ability to function successfully in life; (4) help parents and families educate society that the best way to protect children from drug use and all of its related problems is to convey a clear, consistent, no-use message; (5) strengthen coordination, cooperation, and collaboration between parents and families and all others who are interested in protecting children from drug use and all of its related problems; (6) help parents strengthen their families, neighborhoods, and school communities to reduce risk factors and increase protective factors to ensure the healthy growth of children; and (7) provide resources in the fiscal year 2000 Federal drug control budget for a grant to the Parent Collaboration to conduct a national campaign to mobilize today's parents and families through the provision of information, training, technical assistance, and other services to help parents and families prevent drug use among their children and to build a new parent and family drug-prevention movement. SEC. 4. DEFINITIONS. In this Act: (1) Administrative costs.--The term ``administrative costs'' means those costs that the assigned Federal agency will incur to administer the grant to the Parent Collaboration. (2) Administrator.--The term ``Administrator'' means the Administrator of the Drug Enforcement Administration. (3) No-use message.--The term ``no-use message'' means no use of any illegal drug and no illegal use of any legal drug or substance that is sometimes used illegally, such as prescription drugs, inhalants, and alcohol and tobacco for children and adolescents under the legal purchase age. (4) Parent collaboration.--The term ``Parent Collaboration'' means the legal entity, which is exempt from income taxation under section 501(c)(3) of the Internal Revenue Code of 1986, established by National Families in Action, National Asian Pacific American Families Against Substance Abuse, African American Parents for Drug Prevention, National Association for Native American Children of Alcoholics, and the National Hispano/Latino Community Prevention Network and other groups, that-- (A) have a primary mission of helping parents prevent drug use, drug abuse, and drug addiction among their children, their families, and their communities; (B) have carried out this mission for a minimum of 5 consecutive years; and (C) base their drug-prevention missions on the foundation of a strong, no-use message in compliance with international, Federal, State, and local treaties and laws that prohibit the possession, production, cultivation, distribution, sale, and trafficking in illegal drugs; in order to build a new parent and family movement to prevent drug use among children and adolescents. SEC. 5. ESTABLISHMENT OF DRUG-FREE FAMILIES SUPPORT PROGRAM. (a) In General.--The Administrator shall make a grant to the Parents Collaboration to conduct a national campaign to build a new parent and family movement to help parents and families prevent drug abuse among their children. (b) Termination.--The period of the grant under this section shall be 5 years. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There is authorized to be appropriated to carry out this Act, $5,000,000 for each of fiscal years 2000 through 2004 for a grant to the Parent Collaboration to conduct the national campaign to mobilize parents and families. (b) Administrative Costs.--Not more than 5 percent of the total amount made available under subsection (a) in each fiscal year may be used to pay administrative costs of the Parent Collaboration.

Authorizes appropriations. Limits administrative costs to five percent.

Drug-Free Families Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Community Savings and Investment Act of 1998''. SEC. 2. INCOME TAX ON QUALIFIED COMMUNITY LENDERS. (a) In General.--Section 11 of the Internal Revenue Code of 1986 (relating to tax imposed on corporations) is amended by redesignating subsection (d) as subsection (e) and by inserting after subsection (c) the following new subsection: ``(d) Qualified Community Lenders.-- ``(1) In general.--In the case of a qualified community lender, in lieu of the amount of tax under subsection (b) the amount of tax imposed by subsection (a) for a taxable year shall be the sum of-- ``(A) 15 percent of so much of the taxable income as exceeds $250,000 but does not exceed $1,000,000, and ``(B) the highest rate of tax imposed by subsection (b) multiplied by so much of the taxable income as exceeds $1,000,000. ``(2) Qualified community lender.--For purposes of paragraph (1), the term `qualified community lender' means a bank-- ``(A) which achieved a rating of `satisfactory record of meeting community credit needs', or better, at the most recent examination of such bank under the Community Reinvestment Act of 1977, ``(B) whose outstanding local community loans at all times during the taxable year comprised not less than 60 percent of the total outstanding loans, ``(C) meets the ownership requirements of paragraph (3), and ``(D) at all times during the taxable year has total assets of not more than $1,000,000,000.''. ``(3) Ownership requirements.-- ``(A) In general.--The ownership requirements of this paragraph are met with respect to any bank if-- ``(i) no shares of, or other ownership interests in, the bank are publicly traded, or ``(ii) in the case of a bank the shares of which or ownership interests in which are publicly traded, the last known address of the holders of at least \2/3\ of all such shares or interests, including persons for whose benefit such shares or interests are held by another, is in the home State of the bank or a State contiguous to such home State. ``(B) Home state defined.--For purposes of subparagraph (A), the term `home State' means-- ``(i) with respect to a national bank or Federal savings association, the State in which the main office of the bank or savings association is located, and ``(ii) with respect to a State bank or State savings association, the State by which the bank or savings association is chartered. ``(4) Other definitions.--For purposes of this subsection-- ``(A) Bank.--The term `bank'-- ``(i) has the meaning given to such term in section 581, and ``(ii) includes any bank-- ``(I) in which at least 80 percent of the shares of, or other ownership interests in the bank are owned by other qualified community lenders, and ``(II) the sole purpose of which is to serve the banking needs of such lenders. ``(B) Local community loan.--The term `local community loan' means-- ``(i) any loan originated by a bank to any person, other than a related person with respect to the bank, who is a resident of a community in which the bank is chartered or in which it operates an office at which deposits are accepted, and ``(ii) any loan originated by a bank to any person, other than a related person with respect to the bank, who is engaged in a trade or business in any such community, to the extent that all or substantially all of the proceeds of such loan are expended in connection with the trade or business of such person in any such community. ``(C) Related person.--The term `related person' means, with respect to any bank, any affiliate of the bank, any person who is a director, officer, or principal shareholder of the bank, and any member of the immediate family of any such person.''. (b) S Corporation Income.-- (1) In general.--Section 1 of such Code (relating to tax imposed) is amended by adding at the end the following new subsection: ``(i) Community Lender Income From S Corporation.-- ``(1) In general.--If a taxpayer has community lender income from a S corporation for any taxable year, the tax imposed by this section for such taxable year shall be the sum of-- ``(A) the tax computed at the rates and in the same manner as if this subsection had not been enacted on the greater of-- ``(i) taxable income reduced by community lender income, or ``(ii) the lesser of-- ``(I) the amount of taxable income taxed at a rate below 28 percent, or ``(II) taxable income reduced by community lender income, and ``(B) a tax on community lender income computed at-- ``(i) a rate of zero on zero-rate community lender income, ``(ii) a rate of 15 percent on 15 percent community lender income, and ``(iii) the highest rate in effect under this section with respect to the taxpayer on the excess of community lender income on which a tax is determined under clause (i) or (ii). ``(2) Community lender income.--For purposes of paragraph (1)-- ``(A) In general.--The term `qualified community lender income' means taxable income (if any) of a qualified community lender (as defined in section 11(d)(2)) that is an S corporation, determined at the entity level. ``(B) Zero-rate community lender income.--The term `zero-rate community lender income' means the taxpayer's pro rata share of so much of community lender income as does not exceed $250,000. ``(C) 15 percent community lender income.--The term `15 percent community lender income' means the taxpayer's pro rata share of so much of community lender income as exceeds $250,000 but does not exceed $1,000,000. ``(D) Special rules.-- ``(i) For purposes of this paragraph, the taxpayer's pro rata share of community lender income shall be determined under part II of subchapter S. ``(ii) This subsection shall be applied after the application of subsection (h).''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1998. SEC. 3. EXCLUSION FROM INCOME TAXATION FOR INCOME DERIVED FROM BANKING SERVICES WITHIN DISTRESSED COMMUNITIES. (a) Federal Taxation.--Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to items specifically excluded from gross income) is amended by redesignating section 139 as section 140 and by inserting after section 138 the following new section: ``SEC. 139. BANKING SERVICES WITHIN DISTRESSED COMMUNITIES. ``(a) In General.--At the election of the taxpayer, gross income shall not include distressed community banking income. ``(b) Distressed Community Banking Income.--For purposes of subsection (a), the term `distressed community banking income' means net income of a qualified depository institution which is derived from the active conduct of a banking business in a distressed community. ``(c) Qualified Depository Institution.--An institution is a qualified depository institution if-- ``(1) such institution is an insured depository institution (as defined in section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813)), ``(2) such institution is located in, or has a branch located in, a qualified distressed community, and ``(3) as of the last day of the taxable year, at least 85 percent of its loans from its location within the qualified distressed community are local community loans (as defined in section 11(d)(4)(B)). ``(d) Distressed Community.--The term `distressed community' has the meaning given the term `qualified distressed community' by section 233 of the Bank Enterprise Act of 1991 (12 U.S.C. 1834a(b)).''. (b) Clerical Amendment.--The table of sections for part III of subchapter B of chapter 1 of such Code is amended by striking the item relating to section 139 and inserting after the item relating to section 138 the following new items: ``Sec. 139. Banking services within distressed communities. ``Sec. 140. Cross references to other Acts.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.

Community Savings and Investment Act of 1998 - Amends the Internal Revenue Code to: (1) establish a separate tax rate for a qualified community lender; and (2) permit the exclusion from gross income of distressed community banking income. Defines terms.

Community Savings and Investment Act of 1998

SECTION 1. SHORT TITLE; FINDINGS. (a) Short Title.--This Act may be cited as the ``Stop Counterfeiting in Manufactured Goods Act''. (b) Findings.--The Congress finds that-- (1) the United States economy is losing millions of dollars in tax revenue and tens of thousands of jobs because of the manufacture, distribution, and sale of counterfeit goods; (2) the Bureau of Customs and Border Protection estimates that counterfeiting costs the United States $200 billion annually; (3) counterfeit automobile parts, including brake pads, cost the auto industry alone billions of dollars in lost sales each year; (4) counterfeit products have invaded numerous industries, including those producing auto parts, electrical appliances, medicines, tools, toys, office equipment, clothing, and many other products; (5) ties have been established between counterfeiting and terrorist organizations that use the sale of counterfeit goods to raise and launder money; (6) ongoing counterfeiting of manufactured goods poses a widespread threat to public health and safety; and (7) strong domestic criminal remedies against counterfeiting will permit the United States to seek stronger anticounterfeiting provisions in bilateral and international agreements with trading partners. SEC. 2. TRAFFICKING IN COUNTERFEIT MARKS. Section 2320 of title 18, United States Code, is amended as follows: (1) Subsection (a) is amended by inserting after ``such goods or services'' the following: ``, or intentionally traffics or attempts to traffic in labels, patches, stickers, wrappers, badges, emblems, medallions, charms, boxes, containers, cans, cases, hangtags, documentation, or packaging of any type or nature, knowing that a counterfeit mark has been applied thereto, the use of which is likely to cause confusion, to cause mistake, or to deceive,''. (2) Subsection (b) is amended to read as follows: ``(b)(1) The following property shall be subject to forfeiture to the United States and no property right shall exist in such property: ``(A) Any article bearing or consisting of a counterfeit mark used in committing a violation of subsection (a). ``(B) Any property used, in any manner or part, to commit or to facilitate the commission of a violation of subsection (a). ``(2) The provisions of chapter 46 of this title relating to civil forfeitures, including section 983 of this title, shall extend to any seizure or civil forfeiture under this section. At the conclusion of the forfeiture proceedings, the court, unless otherwise requested by an agency of the United States, shall order that any forfeited article bearing or consisting of a counterfeit mark be destroyed or otherwise disposed of according to law. ``(3)(A) The court, in imposing sentence on a person convicted of an offense under this section, shall order, in addition to any other sentence imposed, that the person forfeit to the United States-- ``(i) any property constituting or derived from any proceeds the person obtained, directly or indirectly, as the result of the offense; ``(ii) any of the person's property used, or intended to be used, in any manner or part, to commit, facilitate, aid, or abet the commission of the offense; and ``(iii) any article that bears or consists of a counterfeit mark used in committing the offense. ``(B) The forfeiture of property under subparagraph (A), including any seizure and disposition of the property and any related judicial or administrative proceeding, shall be governed by the procedures set forth in section 413 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 853), other than subsection (d) of that section. Notwithstanding section 413(h) of that Act, at the conclusion of the forfeiture proceedings, the court shall order that any forfeited article or component of an article bearing or consisting of a counterfeit mark be destroyed. ``(4) When a person is convicted of an offense under this section, the court, pursuant to sections 3556, 3663A, and 3664, shall order the person to pay restitution to the owner of the mark and any other victim of the offense as an offense against property referred to in section 3663A(c)(1)(A)(ii). ``(5) The term `victim', as used in paragraph (4), has the meaning given that term in section 3663A(a)(2).''. (3) Subsection (e)(1) is amended-- (A) by striking subparagraph (A) and inserting the following: ``(A) a spurious mark-- ``(i) that is used in connection with trafficking in any goods, services, labels, patches, stickers, wrappers, badges, emblems, medallions, charms, boxes, containers, cans, cases, hangtags, documentation, or packaging of any type or nature; ``(ii) that is identical with, or substantially indistinguishable from, a mark registered on the principal register in the United States Patent and Trademark Office and in use, whether or not the defendant knew such mark was so registered; ``(iii) that is applied to or used in connection with the goods or services for which the mark is registered with the United States Patent and Trademark Office, or is applied to or consists of a label, patch, sticker, wrapper, badge, emblem, medallion, charm, box, container, can, case, hangtag, documentation, or packaging of any type or nature that is designed, marketed, or otherwise intended to be used on or in connection with the goods or services for which the mark is registered in the United States Patent and Trademark Office; and ``(iv) the use of which is likely to cause confusion, to cause mistake, or to deceive; or''; and (B) by amending the matter following subparagraph (B) to read as follows: ``but such term does not include any mark or designation used in connection with goods or services, or a mark or designation applied to labels, patches, stickers, wrappers, badges, emblems, medallions, charms, boxes, containers, cans, cases, hangtags, documentation, or packaging of any type or nature used in connection with such goods or services, of which the manufacturer or producer was, at the time of the manufacture or production in question, authorized to use the mark or designation for the type of goods or services so manufactured or produced, by the holder of the right to use such mark or designation.''. (4) Section 2320 is further amended-- (A) by redesignating subsection (f) as subsection (g); and (B) by inserting after subsection (e) the following: ``(f) Nothing in this section shall entitle the United States to bring a criminal cause of action under this section for the repackaging of genuine goods or services not intended to deceive or confuse.''. SEC. 3. SENTENCING GUIDELINES. (a) Review and Amendment.--Not later than 180 days after the date of enactment of this Act, the United States Sentencing Commission, pursuant to its authority under section 994 of title 28, United States Code, and in accordance with this section, shall review and, if appropriate, amend the Federal sentencing guidelines and policy statements applicable to persons convicted of any offense under section 2318 or 2320 of title 18, United States Code. (b) Authorization.--The United States Sentencing Commission may amend the Federal sentencing guidelines in accordance with the procedures set forth in section 21(a) of the Sentencing Act of 1987 (28 U.S.C. 994 note) as though the authority under that section had not expired. (c) Responsibilities of United States Sentencing Commission.--In carrying out this section, the United States Sentencing Commission shall determine whether the definition of ``infringement amount'' set forth in application note 2 of section 2B5.3 of the Federal sentencing guidelines is adequate to address situations in which the defendant has been convicted of one of the offenses listed in subsection (a) and the item in which the defendant trafficked was not an infringing item but rather was intended to facilitate infringement, such as an anti- circumvention device, or the item in which the defendant trafficked was infringing and also was intended to facilitate infringement in another good or service, such as a counterfeit label, documentation, or packaging, taking into account cases such as U.S. v. Sung, 87 F.3d 194 (7th Cir. 1996). Passed the Senate November 10, 2005. Attest: Secretary. 109th CONGRESS 1st Session S. 1699 _______________________________________________________________________ AN ACT To amend title 18, United States Code, to provide criminal penalties for trafficking in counterfeit marks.

Stop Counterfeiting in Manufactured Goods Act - (Sec. 2) Amends federal criminal code provisions regarding trafficking in counterfeit goods or services to prohibit trafficking in counterfeit marks. Subjects to forfeiture any article that bears or consists of a counterfeit mark and any property derived from proceeds of, or used in the commission of, the violation. Makes code provisions regarding civil forfeitures, including general rules for civil forfeiture proceedings, applicable to any seizure or civil forfeiture under this section. Directs the court: (1) at the conclusion of forfeiture proceedings, to order the destruction of any forfeited article bearing or consisting of a counterfeit mark; and (2) to order a person convicted of such offense to pay restitution to the owner of the mark and any other victim of the property offense. Makes criminal penalties applicable to persons who intentionally traffic, or attempt to traffic, in labels or packaging the use of which is likely to cause confusion, to cause mistake, or to deceive. Modifies the definition of "counterfeit mark" to include a spurious mark that is applied to, or consists of, a label, patch, medallion, documentation, or packaging that is designed, marketed, or otherwise intended to be used on or in connection with the goods or services for which the mark is registered in the U.S. Patent and Trademark Office. Provides that nothing in this Act shall entitle the United States to bring a criminal cause of action for the repackaging of genuine goods or services not intended to deceive or confuse. (Sec. 3) Directs the U.S. Sentencing Commission to: (1) review and amend the federal sentencing guidelines applicable to persons convicted of trafficking in counterfeit labels or marks; and (2) determine whether the definition of "infringement amount" under the guidelines is adequate to address situations in which the defendant has been so convicted and the item the defendant trafficked in was intended to facilitate infringement.

A bill to amend title 18, United States Code, to provide criminal penalties for trafficking in counterfeit marks.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Rural Community Hospital Demonstration Extension Act of 2009''. SEC. 2. EXTENSION OF RURAL COMMUNITY HOSPITAL DEMONSTRATION PROGRAM. (a) 5-year Extension.--Section 410A of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173; 117 Stat. 2272) is amended by adding at the end the following new subsection: ``(g) 5-Year Extension of Demonstration Program.-- ``(1) In general.--Subject to the succeeding provisions of this subsection, the Secretary shall conduct the demonstration program under this section for an additional 5-year period (in this section referred to as the `5-year extension period') that begins on the date immediately following the last day of the initial 5-year period under subsection (a)(5). ``(2) Expansion of demonstration states.--Notwithstanding subsection (a)(2), during the 5-year extension period, the program shall be conducted in rural areas in any State. ``(3) Increase in maximum number of hospitals participating in the demonstration program.--Notwithstanding subsection (a)(4), during the 5-year extension period, not more than 30 rural community hospitals may participate in the demonstration program under this section. ``(4) Hospitals in demonstration program on date of enactment.--In the case of a rural community hospital that is participating in the demonstration program under this section as of the last day of the initial 5-year period, the Secretary-- ``(A) shall provide for the continued participation of such rural community hospital in the demonstration program during the 5-year extension period unless the rural community hospital makes an election, in such form and manner as the Secretary may specify, to discontinue such participation; and ``(B) in calculating the amount of payment under subsection (b) to the rural community hospital for covered inpatient hospital services furnished by the hospital during such 5-year extension period, shall substitute, under paragraph (1)(A) of such subsection-- ``(i) the reasonable costs of providing such services for discharges occurring in the first cost reporting period beginning on or after the first day of the 5-year extension period, for ``(ii) the reasonable costs of providing such services for discharges occurring in the first cost reporting period beginning on or after the implementation of the demonstration program.''. (b) Conforming Amendments.-- (1) Duration.--Subsection (a)(5) of section 410A of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173; 117 Stat. 2272) is amended by inserting ``(in this section referred to as the `initial 5-year period') and, as provided in subsection (g), for the 5-year extension period'' after ``5-year period''. (2) Additional report.--Subsection (e) of section 410A of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173; 117 Stat. 2272) is amended to read as follows: ``(e) Reports.-- ``(1) Report on initial 5-year period.--Not later than 6 months after the last day of the initial 5-year period, the Secretary shall submit to Congress a report on the conduct of the demonstration program under this section during such period, together with recommendations for such legislation and administrative action as the Secretary determines to be appropriate. ``(2) Final report.--Not later than 6 months after the last day of the 5-year extension period, the Secretary shall submit to Congress a report on the demonstration program under this section, together with recommendations for such legislation and administrative action as the Secretary determines to be appropriate.''. (c) Technical Amendments.-- (1) Subsection (b) of section 410A of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173; 117 Stat. 2272) is amended-- (A) in paragraph (1)(B)(ii), by striking ``2)'' and inserting ``2))''; and (B) in paragraph (2), by inserting ``cost'' before ``reporting period'' the first place such term appears in each of subparagraphs (A) and (B). (2) Subsection (f)(1) of section 410A of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173; 117 Stat. 2272) is amended-- (A) in subparagraph (A)(ii), by striking ``paragraph (2)'' and inserting ``subparagraph (B)''; and (B) in subparagraph (B), by striking ``paragraph (1)(B)'' and inserting ``subparagraph (A)(ii)''.

Rural Community Hospital Demonstration Extension Act of 2009 - Amends the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 to direct the Secretary of Health and Human Services (HHS) to extend for an additional five years the rural community hospital demonstration program.

To amend the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 to extend the Rural Community Hospital Demonstration Program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Eliminating Disparities in Diabetes Prevention Access and Care Act of 2009''. TITLE I--NATIONAL INSTITUTES OF HEALTH SEC. 101. RESEARCH, TREATMENT, AND EDUCATION. (a) In General.--Subpart 3 of part C of title IV of the Public Health Service Act (42 U.S.C. 285c et seq.) is amended by adding at the end the following new section: ``SEC. 434B. DIABETES IN MINORITY POPULATIONS. ``(a) In General.--The Director of the National Institutes of Health shall expand, intensify, and support ongoing research and other activities with respect to pre-diabetes and diabetes, particularly type 2, in minority populations, including research to identify clinical, socioeconomic, geographical, cultural, and organizational factors that contribute to type 2 diabetes in such populations. ``(b) Certain Activities.--Activities under subsection (a) regarding type 2 diabetes in minority populations shall include the following: ``(1) Continuing research on behavior and obesity, including through the obesity research center that is sponsored by the National Institutes of Health. ``(2) Research on environmental factors that may contribute to the increase in type 2 diabetes. ``(3) Support for new methods to identify environmental triggers and genetic interactions that lead to the development of type 2 diabetes in minority newborns. Such research should follow the newborns through puberty, an increasingly high-risk period for developing type 2 diabetes. ``(4) Research to identify genes that predispose individuals to the onset of developing type 1 and type 2 diabetes and to the development of complications. ``(5) Research to prevent complications in individuals who have already developed diabetes, such as research that attempts to identify the genes that predispose individuals with diabetes to the development of complications. ``(6) Research methods and alternative therapies to control blood glucose. ``(7) Support of ongoing research efforts examining the level of glycemia at which adverse outcomes develop during pregnancy and to address the many clinical issues associated with minority mothers and fetuses during diabetic and gestational diabetic pregnancies. ``(c) Education.--The Director of the National Institutes of Health shall-- ``(1) through the National Center on Minority Health and Health Disparities and the National Diabetes Education Program-- ``(A) make grants to programs funded under section 485F (relating to centers of excellence) for the purpose of establishing a mentoring program for health care professionals to be more involved in weight counseling, obesity research, and nutrition; and ``(B) provide for the participation of minority health professionals in diabetes-focused research programs; and ``(2) make grants for programs to establish a pipeline from high school to professional school that will increase minority representation in diabetes-focused health fields by expanding Minority Access to Research Careers (MARC) program internships and mentoring opportunities for recruitment. ``(d) Definition.--For purposes of this section, the term `minority population' means a racial and ethnic minority group, as defined in section 1707(g). ``(e) Authorization of Appropriations.--For the purpose of carrying out this section, there are authorized to be appropriated such sums as are necessary for fiscal year 2010 and each subsequent fiscal year.''. (b) Diabetes Mellitus Interagency Coordinating Committee.--Section 429 of the Public Health Service Act (42 U.S.C. 285c-3) is amended by adding at the end the following new subsection: ``(c)(1) In each annual report prepared by the Diabetes Mellitus Interagency Coordinating Committee, the Committee shall include an assessment of the Federal activities and programs related to diabetes in minority populations. Such assessment shall-- ``(A) compile the current activities of all current Federal health programs to allow for the assessment of their adequacy as a systemic method of addressing the impact of diabetes mellitus on minority populations; ``(B) develop strategic planning activities to develop an effective and comprehensive Federal plan to address diabetes mellitus within minority populations which will involve all appropriate Federal health programs and shall-- ``(i) include steps to address issues including type 1 and type 2 diabetes in children and the disproportionate impact of diabetes mellitus on minority populations; and ``(ii) remain consistent with the programs and activities identified in section 399O, as well as remaining consistent with the intent of the Eliminating Disparities in Diabetes Prevention Access and Care Act of 2009; and ``(C) assess the implementation of such a plan throughout Federal health programs. ``(2) For the purposes of this subsection, the term `minority population' means a racial and ethnic minority group, as defined in section 1707(g). ``(3) For the purpose of carrying out this subsection, there are authorized to be appropriated such sums as are necessary for fiscal year 2010 and each subsequent fiscal year.''. TITLE II--CENTERS FOR DISEASE CONTROL AND PREVENTION SEC. 201. RESEARCH, EDUCATION, AND OTHER ACTIVITIES. 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 section: ``SEC. 317U. DIABETES IN MINORITY POPULATIONS. ``(a) Research and Other Activities.-- ``(1) In general.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall conduct and support research and other activities with respect to diabetes in minority populations. ``(2) Certain activities.--Activities under paragraph (1) regarding diabetes in minority populations shall include the following: ``(A) Expanding the National Diabetes Laboratory capacity for translational research and the identification of genetic and immunological risk factors associated with diabetes. ``(B) Enhancing the National Health and Nutrition Examination Survey to include risk factors for type 2 diabetes and pre-diabetes with emphasis on eating and dietary habits, and focus, including cultural and socioeconomic factors, on Hispanic American, African- American, American Indian and Alaskan Native, and Asian American, Native Hawaiian and other Pacific Islander communities. ``(C) Further enhancing the National Health and Nutrition Examination Survey by over-sampling Asian American, Native Hawaiian, and Other Pacific Islanders in appropriate geographic areas to better determine the prevalence of diabetes in such populations as well as to improve the data collection of diabetes penetration disaggregated into major ethnic groups within such populations. ``(D) Within the Division of Diabetes Translation, providing for prevention research to better understand how to influence health care systems changes to improve quality of care being delivered to such populations, and within the Division of Diabetes Translation, carrying out model demonstration projects to design, implement, and evaluate effective diabetes prevention and control intervention for such populations. ``(E) Through the Division of Diabetes Translation, carrying out culturally appropriate community-based interventions designed to address issues and problems experienced by such populations. ``(F) Conducting applied research within the Division of Diabetes Translation to reduce health disparities within such populations with diabetes. ``(G) Conducting applied research on primary prevention within the Division of Diabetes Translation to specifically focus on such populations with pre- diabetes. ``(b) Education.-- ``(1) In general.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall direct the Division of Diabetes Translation to conduct and support programs to educate the public on the causes and effects of diabetes in minority populations. ``(2) Certain activities.--Programs under paragraph (1) regarding education on diabetes in minority populations shall include carrying out public awareness campaigns directed toward such populations to aggressively emphasize the importance and impact of physical activity and diet in regard to diabetes and diabetes-related complications through the National Diabetes Education Program. ``(c) Diabetes; Health Promotion, Prevention Activities, and Access.-- ``(1) In general.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall carry out culturally appropriate diabetes health promotion and prevention programs for minority populations. ``(2) Certain activities.--Activities regarding culturally appropriate diabetes health promotion and prevention programs for minority populations shall include the following: ``(A) Expanding the Diabetes Prevention and Control Program (currently existing in all the States and territories) and providing funds for education and community outreach on diabetes. ``(B) Providing funds for an expansion of the Diabetes Prevention Program Initiative that focuses on physical inactivity and diet and its relation to type 2 diabetes within such populations. ``(C) Providing funds to strengthen existing surveillance systems to improve the quality, accuracy, and timeliness of morbidity and mortality diabetes data for such populations. ``(d) Definition.--For purposes of this section, the term `minority population' means a racial and ethnic minority group, as defined in section 1707(g). ``(e) Authorization of Appropriations.--For the purpose of carrying out this section, there are authorized to be appropriated such sums as are necessary for fiscal year 2010 and each subsequent fiscal year.''. TITLE III--HEALTH RESOURCES AND SERVICES ADMINISTRATION SEC. 301. RESEARCH, EDUCATION, AND OTHER ACTIVITIES. Part P of title III of the Public Health Service Act is amended-- (1) by redesignating the section 399R inserted by section 2 of Public Law 110-373 as section 399S; (2) by redesignating the section 399R inserted by section 3 of Public Law 110-374 as section 399T; and (3) by adding at the end the following new section: ``SEC. 399U. PROGRAMS TO EDUCATE HEALTH PROVIDERS ON THE CAUSES AND EFFECTS OF DIABETES IN MINORITY POPULATIONS. ``(a) In General.--The Secretary, acting through the Director of the Health Resources and Services Administration, shall conduct and support programs described in subsection (b) to educate health professionals on the causes and effects of diabetes in minority populations. ``(b) Programs.--Programs described in this subsection, with respect to education on diabetes in minority populations, shall include the following: ``(1) Making grants for diabetes-focused education classes or training programs on cultural sensitivity and patient care within such populations for health care providers. ``(2) Providing funds to community health centers for programs that provide diabetes services and screenings. ``(3) Providing additional funds for the Health Careers Opportunity Program, Centers for Excellence, and the Minority Faculty Fellowship Program to partner with the Office of Minority Health under section 1707 and the National Institutes of Health to strengthen programs for career opportunities within minority populations focused on diabetes treatment and care. ``(4) Developing a diabetes focus within, and providing additional funds for, the National Health Service Corps Scholarship program to place individuals in areas that are disproportionately affected by diabetes and to provide health care services to such areas. ``(5) Establishing a diabetes ambassador program for recruitment efforts to increase the number of underrepresented minorities currently serving in student, faculty, or administrative positions in institutions of higher learning, hospitals, and community health centers. ``(6) Establishing a loan repayment program that focuses on diabetes care and prevention in minority populations.''. TITLE IV--ADDITIONAL PROGRAMS SEC. 401. RESEARCH, EDUCATION, AND OTHER ACTIVITIES. Part P of title III of the Public Health Service Act (42 U.S.C. 280g et seq.), as amended by section 301, is further amended by adding at the end the following section: ``SEC. 399V. RESEARCH, EDUCATION, AND OTHER ACTIVITIES REGARDING DIABETES IN MINORITY POPULATIONS. ``(a) Research and Other Activities.-- ``(1) In general.--In addition to activities under sections 317U and 434B, the Secretary shall conduct and support research and other activities with respect to diabetes within minority populations. ``(2) Certain activities.--Activities under paragraph (1) regarding diabetes in minority populations shall include the following: ``(A) Through the National Center on Minority Health and Health Disparities, the Office of Minority Health under section 1707, the Health Resources and Services Administration, the Centers for Disease Control and Prevention, and the Indian Health Service, establishing partnerships within minority populations to conduct studies on cultural, familial, and social factors that may influence health promotion, diabetes management, and prevention. ``(B) Through the Indian Health Service, in collaboration with other appropriate Federal agencies, coordinating the collection of data on ethnic and culturally appropriate diabetes treatment, care, prevention, and services by health care professionals to the American Indian population. ``(3) Programs relating to clinical research.-- ``(A) Education regarding clinical trials.--The Secretary shall carry out education and awareness programs designed to increase participation of minority populations in clinical trials. ``(B) Minority researchers.--The Secretary shall carry out mentorship programs for minority researchers who are conducting or intend to conduct research on diabetes in minority populations. ``(C) Supplementing clinical research regarding children.--The Secretary shall make grants to supplement clinical research programs to assist such programs in obtaining the services of health professionals and other resources to provide specialized care for children with type 1 and type 2 diabetes. ``(4) Additional programs.--Activities under paragraph (1) regarding education on diabetes in minority populations shall include providing funds for new and existing diabetes-focused education grants and programs for present and future students and clinicians in the medical field from minority populations, including for the following: ``(A) For Federal and State loan repayment programs for health profession students within communities of color. ``(B) For the Office of Minority Health under section 1707 for training health profession students to focus on diabetes within such populations. ``(C) For State and local entities to establish diabetes awareness week or day every month in schools, nursing homes, and colleges through partnerships with the Office of Minority Health under section 1707 and the Health Resources and Services Administration. ``(b) Definition.--For purposes of this section, the term `minority population' means a racial and ethnic minority group as defined in section 1707(g). ``(c) Authorization of Appropriations.--For the purpose of carrying out this section, there are authorized to be appropriated such sums as are necessary for fiscal year 2010 and each subsequent fiscal year.''.

Eliminating Disparities in Diabetes Prevention Access and Care Act of 2009 - Amends the Public Health Service Act to require the Director of the National Institutes of Health (NIH) to provide for: (1) ongoing research and other activities with respect to pre-diabetes and diabetes in minority populations; and (2) programs to treat diabetes in minority populations. Requires the Director of NIH, through the National Center on Minority Health and Health Disparities and the National Diabetes Education Program, to provide for: (1) health care professionals' mentoring; and (2) minority health professionals' participation in diabetes-focused research programs. Requires the Director to make grants for a pipeline from high school to professional school that will increase minority representation in diabetes-focused health fields. Directs the Diabetes Mellitus Interagency Coordinating Committee to assess federal activities and programs related to diabetes in minority populations. Requires the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention (CDC), to: (1) conduct research on diabetes in minority populations; (2) direct the Division of Diabetes Translation to educate the public on the causes and effects of diabetes in minority populations; and (3) carry out diabetes health promotion and prevention programs for minority populations. Directs the Secretary, acting through the Administrator of the Health Resources and Services Administration, to educate health professionals on the causes and effects of diabetes in minority populations. Sets forth additional requirements for the Secretary related to: (1) factors that may influence health promotion, diabetes management, and prevention; (2) data collection on diabetes treatment, care, prevention, and services to the American Indian population; (3) increased participation of minority populations in clinical trials; and (4) specialized care for children with diabetes.

A bill to amend the Public Health Service Act to prevent and treat diabetes, to promote and improve the care of individuals with diabetes, and to reduce health disparities relating to diabetes within racial and ethnic minority groups, including African-American, Hispanic American, Asian American, Native Hawaiian and Other Pacific Islander, and American Indian and Alaskan Native communities.

That this Act may be cited as the ``Small Business Meat Producer and Marketer Protection Act of 1993''. Section 1. The Small Business Act is hereby amended as follows: (a) by inserting in section 3 before the word ``credit'' the word ``sufficient'', and by inserting after the word ``conditions'' the words ``and at reasonable rates''; and (b) by inserting in section 18(a) after the word ``moratorium'' the following: ``or if the agency has promulgated and is operating and administering a loan program under which all qualified applicants are not being granted loans,''. Sec. 2. Congressional Finding and Declaration of Policy.-- (a) The Congress finds that the existence, in industries engaged in commerce or in the production, processing, manufacturing, and distribution of livestock and meat food products for commerce, of marketing conditions detrimental to the maintenance of a free and competitive environment needed for the health, efficiency, and general well-being of business (1) causes commerce and the channels and instrumentalities of commerce to be used to spread and perpetuate such conditions among businesses located in the several States; (2) burdens commerce and the free flow of livestock and meat food products in commerce; (3) constitutes an unfair method of competition in commerce; (4) leads to a burdening and obstruction of commerce and the free flow of goods in commerce; and (5) interferes with the orderly and fair marketing of goods in commerce. (b) It is declared to be the policy of this Act, through the exercise by Congress of its power to regulate commerce among the several States and with foreign nations, to correct and as rapidly as practicable to eliminate the conditions above referred to in such industries without substantially curtailing the production, processing, manufacturing, or distribution of such products. Sec. 3. As used in this Act-- (a) ``Commerce'' means trade, commerce, transportation, transmission or communication among the several States or between any State and any place outside thereof. (b) ``Livestock'' means cattle, calves, swine, sheep or lambs, whether alive or dead. (c) ``Meat food products'' means all products and by- products of the slaughtering and meat packing industry, if edible. (d) ``Meatpacker'' means any person engaged in the business of buying livestock for purposes of slaughter or of manufacturing or preparing meats or meat food products for sale or shipment. (e) ``Meat marketer'' means any person engaged in the business of buying, selling, brokering, purveying or otherwise dealing in meats or meat food products. (f) ``Person'' means one or more individuals, partnerships, associations, corporations, legal representatives, joint stock companies, trustees and receivers in bankruptcy and reorganization, common-law trusts, or any organized group, whether or not incorporated. (g) ``Meatpacker or meat marketer engaged in commerce'' means a meatpacker or meat marketer (1) who is engaged in commerce or (2) who has employees engaged in the production, processing, manufacturing or distribution of meat food products for commerce, or employees handling, selling, or otherwise working on meat food products which have been moved in or produced, processed, manufactured, or distributed for commerce by any person and which, during any one of the last three years had annual gross volume of sales made or business done of not less than $250,000 (exclusive of excise taxes at the retail level which are separately stated). Sec. 4. (a) It shall be unlawful for any meatpacker engaged in commerce to slaughter or cause to be slaughtered, whether by contract, business order, or by any other transaction, at any one location during any calendar week more than one hundred head of cattle or calves, three hundred head of swine, or three hundred head of sheep or lambs which were owned prior to slaughter for a period in excess of twenty days by such meatpacker or by any person who owns or controls more than 5 per centum of the stock, voting power, or control of a meatpacker or by any person, subsidiary, or affiliate in which such meatpacker or other person owns or controls a total of more than 5 per centum of the stock, voting power, or control thereof. The prohibition in this subsection shall apply to livestock owned by such meatpacker or such persons or subject to their control directly or indirectly by contract, purchase order, option, or other arrangement. (b) It shall be unlawful for any meatpacker or meat marketer engaged in commerce to offer for sale to or to purchase from a meatpacker or meat marketer, whether by contract, business order, or by any other transaction, during any calendar week more than one hundred head of live cattle or calves, three hundred head of live swine, or three hundred head of live sheep or lambs which were owned prior to the date of sale for a period in excess of twenty days by such meatpacker or meat marketer or by any person who owns or controls more than 5 per centum of the voting power or control of such meatpacker or meat marketer or by any subsidiary or affiliate in which such meatpacker, meat retailer or other person owns or controls a total of more than 5 per centum of the voting power or control thereof. The prohibition in this subsection shall apply to livestock owned by such meatpacker or meat marketer or such persons or subject to their control directly or indirectly by contract, purchase order, option or other arrangement; but it shall not be deemed to prohibit any such meatpacker, meat marketer, or other person from making, executing or fulfilling a contract of sale of any commodity for future delivery on a board of trade which has been designated as a contract market by the Commodity Futures Trading Commission. (c) It shall be unlawful for any meatpacker or meat marketer engaged in commerce to contract for the forward delivery of livestock if such contract authorizes, directly or indirectly, such meatpacker or meat marketer to select the date for the delivery of such livestock unless such date is within a period of twenty consecutive calendar days. Sec. 5. (a) Any person knowingly violating any provision of section 4 of this Act shall be fined not more than $50,000, or more than $100 per head of cattle or calves and $25 per head of swine, lambs or sheep slaughtered, offered for sale or purchased, or contracted for forward delivery in excess of the maximum number permitted by such section, whichever amount is greater. A violation by a corporation shall also be deemed to be a violation by the individual directors, officers, receivers, trustees, or agents of such corporation who authorized, ordered or performed any of the conduct constituting the violation in whole or in part. (b) A violation of this Act which occurs in more than one week shall be considered a separate violation for each calendar week during which a violation occurs. Sec. 6. For the purposes of the Act entitled ``An Act to supplement existing laws against unlawful restraints and monopolies, and for other purposes'', approved October 15, 1914 (38 Stat. 730), and the Federal Trade Commission Act, this Act shall be considered to be an antitrust law. Sec. 7. If any provision of this Act or the application thereof to any person or circumstance is held invalid, the validity of the remainder of this Act and the application of such provision to other persons or circumstances shall not be affected thereby.

Small Business Meat Producer and Marketer Protection Act of 1993 - Amends the Small Business Act to change the loan eligibility requirements for certain small businesses. Defines "meatpacker or meat marketer engaged in commerce." Imposes limits on the slaughter, sale, purchase, and forward delivery of certain livestock by meatpackers or meat marketers engaged in commerce. Establishes fines for violations of this Act.

Small Business Meat Producer and Marketer Protection Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Tax Relief and Retirement Restoration Act of 2010''. SEC. 2. FINDINGS. Congress finds the following: (1) Small businesses are critical to the economic recovery of the United States. (2) As a consequence of the recession that began in December 2007, even fundamentally healthy small businesses have been unable to access the credit they need. (3) Data released by the Federal Deposit Insurance Corporation indicate that lending to small businesses fell in 2009 by ``the largest percentage decline since 1942''. (4) Limited access to credit has forced many small business owners to use their personal assets, including retirement savings, to ensure that their enterprises survive. (5) Such actions have helped to mitigate further job losses. (6) While it is appropriate for Congress to resist calls to allow individual retirement account holders to withdraw loans during normal economic times, the current recession represents an extraordinary situation during which extraordinary measures must be taken. (7) A targeted and temporary suspension of penalties for loans made from retirement accounts will help small businesses recover and provide a direct infusion of funds into the economy. SEC. 3. LOANS FROM INDIVIDUAL RETIREMENT PLANS FOR CERTAIN SMALL BUSINESS EXPENSES. (a) In General.--Subsection (e) of section 408 of the Internal Revenue Code of 1986 (relating to tax treatment of accounts and annuities) is amended by adding at the end the following new paragraph: ``(7) Temporary exception for loans from individual retirement plans for certain small business expenses.-- ``(A) In general.--On election of the taxpayer, paragraphs (2) and (3) of this subsection and section 4975 shall not apply with respect to any qualified small business loan from an individual retirement plan to the individual for whose benefit the plan is maintained. ``(B) Qualified small business loan.--For purposes of this paragraph-- ``(i) In general.--The term `qualified small business loan' means, with respect to any taxable year, a loan the principal amount of which does not exceed the amounts paid or incurred by the taxpayer, with respect to a trade or business carried on by the taxpayer-- ``(I) for the purchase of property which is placed in service during the taxable year which is used in the trade or business of the taxpayer and which is subject to the allowance for depreciation provided in section 167 or is real property used in such trade or business, or-- ``(II) for salaries or wages (other than for bonuses) of unrelated employees in such trade or business for the taxable year. ``(ii) Aggregation of loans.--All loans with respect to which the taxpayer elects the application of this paragraph for the taxable year shall be aggregated for purposes of determining whether a loan is a qualified small business loan under clause (i). ``(C) Requirements related to loan repayments.-- ``(i) Requirement that loan be repaid within 5 years.--Paragraph (1) shall not apply to any loan unless such loan is required, by its terms, to be repaid within 5 years. ``(ii) Requirement of level amortization.-- Rules similar to the rules of section 72(p)(2)(C) shall apply for purposes of this subsection. ``(iii) Failure to repay treated as distribution.--A qualified small business loan shall not be treated as a distribution from the individual retirement plan except that any repayment of a qualified small business loan which is not made on the date that such payment is due shall be treated as a distribution from the individual retirement plan on such date. ``(D) Related persons.--For purposes of this paragraph, a person shall be treated as related to another person if the relationship between such persons would result in the disallowance of losses under section 267 or 707(b). ``(E) Termination.--Subparagraph (A) shall not apply to any loan made after December 31, 2010.''. (b) Effective Date.-- (1) In general.--The amendments made by this section shall apply to loans made after December 31, 2007. (2) Distributions prior to date of enactment.--In the case of any distribution made after December 31, 2007, and before the date of the enactment of this Act, if the taxpayer so elects (at such time and in such form and manner as the Secretary of the Treasury shall prescribe), such distribution shall be treated as a loan for purposes of section 408(e)(7) of the Internal Revenue Code of 1986, but only to the extent such distribution does not exceed the amount described in subparagraph (B) thereof (in the taxable year of distribution), and only if beginning on a date not later than 1 year after the date of the enactment of this Act such distribution meets the requirements of section 408(e)(7) of such Code. SEC. 4. QUALIFIED SMALL BUSINESS LOANS FROM QUALIFIED EMPLOYER PLAN. (a) In General.--Subsection (p) of section 72 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(6) Special rule for qualified small business loans.-- ``(A) In general.--On the election of the taxpayer, paragraph (1) shall not apply to any loan to the extent that such loan is a qualified small business loan that meets the requirements of subparagraphs (B)(i) and (C) of paragraph (2). ``(B) Application of limitation and coordination with pre-effective date loans.--Any qualified small business loan shall be taken into account under paragraph (2) only with respect to amounts received as a loan (other than qualified small business loans) after the date of the enactment of this paragraph. ``(C) Qualified small business loan.--For purposes of this paragraph, the term `qualified small business loan' shall have the meaning given such term in section 408(e)(7)(B). ``(D) Termination.--This paragraph shall not apply to any amount received as a loan after December 31, 2010.''. (b) Effective Date.--The amendments made by this section shall apply to loans made after December 31, 2007. (c) Distributions Prior to Date of Enactment.--In the case of any distribution made after December 31, 2007, and before the date of the enactment of this Act, if the taxpayer so elects (at such time and in such form and manner as the Secretary of the Treasury shall prescribe), such distribution shall be treated as a loan to which section 72(p)(1) of the Internal Revenue Code of 1986 does not apply, but only to the extent such distribution does not exceed the amount described in section 408(e)(7)(B) of such Code (in the taxable year of distribution), and only if beginning on a date not later than 1 year after the date of the enactment of this Act such distribution is structured as a loan which meets the requirements of subparagraphs (B)(i) and (C) of section 72(p)(2) of such Code.

Small Business Tax Relief and Retirement Restoration Act of 2010 - Amends the Internal Revenue Code to permit until December 31, 2010, penalty-free distributions from an individual retirement account (IRA) or a qualified employer plan for the purpose of making loans to a small business to purchase depreciable property to be used by such business or for employee salaries or wages (other than for bonuses). Requires such loans to be repaid to the IRA within five years.

To amend the Internal Revenue Code of 1986 to allow loans from certain retirement plans for the payment of certain small business expenses.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Emergency Unemployment Compensation Extension Act of 2014''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Extension of emergency unemployment compensation program. Sec. 3. Temporary extension of extended benefit provisions. Sec. 4. Extension of funding for reemployment services and reemployment and eligibility assessment activities. Sec. 5. Additional extended unemployment benefits under the Railroad Unemployment Insurance Act. Sec. 6. Flexibility for unemployment program agreements. Sec. 7. Offset from farm bill savings. SEC. 2. EXTENSION OF EMERGENCY UNEMPLOYMENT COMPENSATION PROGRAM. (a) Extension.--Section 4007(a)(2) of the Supplemental Appropriations Act, 2008 (Public Law 110-252; 26 U.S.C. 3304 note) is amended by striking ``January 1, 2014'' and inserting ``July 1, 2014''. (b) Funding.--Section 4004(e)(1) of the Supplemental Appropriations Act, 2008 (Public Law 110-252; 26 U.S.C. 3304 note) is amended-- (1) in subparagraph (I), by striking ``and'' at the end; (2) in subparagraph (J), by inserting ``and'' at the end; and (3) by inserting after subparagraph (J) the following: ``(K) the amendment made by section 2(a) of the Emergency Unemployment Compensation Extension Act of 2014;''. (c) Effective Date.--The amendments made by this section shall take effect as if included in the enactment of the American Taxpayer Relief Act of 2012 (Public Law 112-240). SEC. 3. TEMPORARY EXTENSION OF EXTENDED BENEFIT PROVISIONS. (a) In General.--Section 2005 of the Assistance for Unemployed Workers and Struggling Families Act, as contained in Public Law 111-5 (26 U.S.C. 3304 note), is amended-- (1) by striking ``December 31, 2013'' each place it appears and inserting ``June 30, 2014''; and (2) in subsection (c), by striking ``June 30, 2014'' and inserting ``December 31, 2014''. (b) Extension of Matching for States With No Waiting Week.--Section 5 of the Unemployment Compensation Extension Act of 2008 (Public Law 110-449; 26 U.S.C. 3304 note) is amended by striking ``June 30, 2014'' and inserting ``December 31, 2014''. (c) Extension of Modification of Indicators Under the Extended Benefit Program.--Section 203 of the Federal-State Extended Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note) is amended-- (1) in subsection (d), by striking ``December 31, 2013'' and inserting ``June 30, 2014''; and (2) in subsection (f)(2), by striking ``December 31, 2013'' and inserting ``June 30, 2014''. (d) Effective Date.--The amendments made by this section shall take effect as if included in the enactment of the American Taxpayer Relief Act of 2012 (Public Law 112-240). SEC. 4. EXTENSION OF FUNDING FOR REEMPLOYMENT SERVICES AND REEMPLOYMENT AND ELIGIBILITY ASSESSMENT ACTIVITIES. (a) In General.--Section 4004(c)(2)(A) of the Supplemental Appropriations Act, 2008 (Public Law 110-252; 26 U.S.C. 3304 note) is amended by striking ``through fiscal year 2014'' and inserting ``through the first half of fiscal year 2015''. (b) Effective Date.--The amendments made by this section shall take effect as if included in the enactment of the American Taxpayer Relief Act of 2012 (Public Law 112-240). SEC. 5. ADDITIONAL EXTENDED UNEMPLOYMENT BENEFITS UNDER THE RAILROAD UNEMPLOYMENT INSURANCE ACT. (a) Extension.--Section 2(c)(2)(D)(iii) of the Railroad Unemployment Insurance Act (45 U.S.C. 352(c)(2)(D)(iii)) is amended-- (1) by striking ``June 30, 2013'' and inserting ``December 31, 2013''; and (2) by striking ``December 31, 2013'' and inserting ``June 30, 2014''. (b) Clarification on Authority To Use Funds.--Funds appropriated under either the first or second sentence of clause (iv) of section 2(c)(2)(D) of the Railroad Unemployment Insurance Act shall be available to cover the cost of additional extended unemployment benefits provided under such section 2(c)(2)(D) by reason of the amendments made by subsection (a) as well as to cover the cost of such benefits provided under such section 2(c)(2)(D), as in effect on the day before the date of enactment of this Act. (c) Funding for Administration.--Out of any funds in the Treasury not otherwise appropriated, there are appropriated to the Railroad Retirement Board $125,000 for administrative expenses associated with the payment of additional extended unemployment benefits provided under section 2(c)(2)(D) of the Railroad Unemployment Insurance Act by reason of the amendments made by subsection (a), to remain available until expended. SEC. 6. FLEXIBILITY FOR UNEMPLOYMENT PROGRAM AGREEMENTS. (a) Flexibility.-- (1) In general.--Subsection (g) of section 4001 of the Supplemental Appropriations Act, 2008 (Public Law 110-252; 26 U.S.C. 3304 note) shall not apply with respect to a State that has enacted a law before December 1, 2013, that, upon taking effect, would violate such subsection. (2) Effective date.--Paragraph (1) is effective with respect to weeks of unemployment beginning on or after December 29, 2013. (b) Permitting a Subsequent Agreement.--Nothing in title IV of the Supplemental Appropriations Act, 2008 (Public Law 110-252; 26 U.S.C. 3304 note) shall preclude a State whose agreement under such title was terminated from entering into a subsequent agreement under such title on or after the date of the enactment of this Act if the State, taking into account the application of subsection (a), would otherwise meet the requirements for an agreement under such title. SEC. 7. OFFSET FROM FARM BILL SAVINGS. (a) Definition.--In this section, the term ``farm bill savings'' means the budgetary effects (as defined in section 2 of the Statutory Pay-As-You-Go Act of 2010 (2 U.S.C. 931) and as determined in accordance with that Act) attributable to the enactment of the Agricultural Act of 2014 (Public Law 113-79). (b) Offsetting of Costs.--Notwithstanding any other provision of law-- (1) the Office of Management and Budget shall remove from the PAYGO scorecards maintained pursuant to section 4(d) of the Statutory Pay-As-You-Go Act of 2010 (2 U.S.C. 933(d)) the amount of the farm bill savings; (2) the Committee on the Budget of the Senate shall remove from the PAYGO scorecards maintained for purposes of section 201 of S. Con. Res. 21 (110th Congress) the amount of the farm bill savings; and (3) the amount removed from any PAYGO scorecard under paragraph (1) or (2) shall not be available to offset the cost of other legislation under the Statutory Pay-As-You-Go Act of 2010 (2 U.S.C. 931 et seq.) or section 201 of S. Con. Res. 21 (110th Congress), respectively. (c) Treatment for PAYGO Purposes.-- (1) PAYGO scorecard.--The budgetary effects of this Act and the amendments made by this Act shall not be entered on either PAYGO scorecard maintained pursuant to section 4(d) of the Statutory Pay-As-You-Go Act of 2010 (2 U.S.C. 933(d)). (2) Senate paygo scorecard.--The budgetary effects of this Act and the amendments made by this Act shall not be entered on any PAYGO scorecard maintained for purposes of section 201 of S. Con. Res. 21 (110th Congress).

Emergency Unemployment Compensation Extension Act of 2014 - Amends the Supplemental Appropriations Act, 2008, (SSA, 2008) to extend emergency unemployment compensation (EUC) payments for eligible individuals to weeks of employment ending on or before July 1, 2014. Amends the Assistance for Unemployed Workers and Struggling Families Act to extend until June 30, 2014, requirements that federal payments to states cover 100% of EUC. Amends the Unemployment Compensation Extension Act of 2008 to exempt weeks of unemployment between enactment of this Act and December 31, 2014, from the prohibition in the Federal-State Extended Unemployment Compensation Act of 1970 (FSEUCA of 1970) against federal matching payments to a state for the first week in an individual's eligibility period for which extended compensation or sharable regular compensation is paid if the state law provides for payment of regular compensation to an individual for his or her first week of otherwise compensable unemployment. (Thus allows temporary federal matching for the first week of extended benefits for states with no waiting period.) Amends the FSEUCA of 1970 to postpone similarly from December 31, 2013, to June 30, 2014, termination of the period during which a state may determine its "on" and "off" indicators according to specified temporary substitutions in its formula. Amends the SSA, 2008 to appropriate funds out of the employment security administration account through the first half of FY2015 to assist states in providing reemployment and eligibility assessment activities. Amends the Railroad Unemployment Insurance Act to extend through June 30, 2014, the temporary increase in extended unemployment benefits. Makes a change in application of a certain requirement (nonreduction rule) to a state that has entered a federal-state EUC agreement, under which the federal government would reimburse the state's unemployment compensation agency making EUC payments to individuals who have exhausted all rights to regular unemployment compensation under state or federal law and meet specified other criteria. (Under the nonreduction rule such an agreement does not apply with respect to a state whose method for computing regular unemployment compensation under state law has been modified to make the average weekly unemployment compensation benefit paid on or after June 2, 2010, less than what would have been paid before June 2, 2010.) Declares that the nonreduction rule shall not apply to a state which has enacted a law before December 1, 2013, that, upon taking effect, would violate the nonreduction rule. Allows a state whose agreement was terminated, however, to enter into a subsequent federal-state EUC agreement on or after enactment of this Act if, taking into account this inapplicability of the nonreduction rule, it would otherwise meet the requirements for an EUC agreement. (Thus allows such a subsequent EUC agreement to permit payment of less than the average weekly unemployment compensation benefit paid on or after June 2, 2010.) Requires in order to offset costs of the EUC extension: the Office of Management and Budget (OMB) to remove the amount of the farm bill savings from the PAYGO scorecards maintained pursuant to the Statutory Pay-As-You-Go Act of 2010, and the Senate Committee on the Budget to remove that amount also from the PAYGO scorecards maintained for purposes of S.Con.Res. 21 (110th Congress). Declares that the amount thus removed from any PAYGO scorecard shall not be available to offset the cost of other legislation under such Act or Resolution.

Emergency Unemployment Compensation Extension Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``EPS Service Parts Act of 2014''. SEC. 2. EXEMPT SUPPLIES. Section 325(u) of the Energy Policy and Conservation Act (42 U.S.C. 6295(u)) is amended by adding at the end the following: ``(5) Exempt supplies.-- ``(A) February 10, 2014, rule.-- ``(i) In general.--An external power supply shall not be subject to the final rule entitled `Energy Conservation Program: Energy Conservation Standards for External Power Supplies', published at 79 Fed. Reg. 7845 (February 10, 2014), if the external power supply-- ``(I) is manufactured during the period beginning on February 10, 2016, and ending on February 10, 2020; ``(II) is marked in accordance with the External Power Supply International Efficiency Marking Protocol, as in effect on February 10, 2016; ``(III) meets, where applicable, the standards under paragraph (3)(A), and has been certified to the Secretary as meeting International Efficiency Level IV or higher of the External Power Supply International Efficiency Marking Protocol, as in effect on February 10, 2016; and ``(IV) is made available by the manufacturer as a service part or a spare part for an end-use product that-- ``(aa) constitutes the primary load; and ``(bb) was manufactured before February 10, 2016. ``(ii) Reporting.--The Secretary may require manufacturers of products exempted pursuant to clause (i) to report annual total units shipped as service and spare parts that are not International Efficiency Level VI or higher. ``(iii) Limitation of exemption.--The Secretary may issue a rule, after providing public notice and opportunity for public comment, to limit the applicability of the exemption established under clause (i) if the Secretary determines that the exemption is resulting in a significant reduction of the energy savings that would otherwise result from the final rule described in such clause. ``(B) Amended standards.-- ``(i) In general.--The Secretary may exempt an external power supply from any amended standard under this subsection if the external power supply-- ``(I) is manufactured within four years of the compliance date of the amended standard; ``(II) complies with applicable marking requirements adopted by the Secretary prior to the amendment; ``(III) meets the standards that were in effect prior to the amendment; and ``(IV) is made available by the manufacturer as a service part or a spare part for an end-use product that-- ``(aa) constitutes the primary load; and ``(bb) was manufactured before the compliance date of the amended standard. ``(ii) Reporting.--The Secretary may require manufacturers of a product exempted pursuant to clause (i) to report annual total units shipped as service and spare parts that do not meet the amended standard.''.

EPS Service Parts Act of 2014 - Amends the Energy Policy and Conservation Act to exempt external power supplies (EPS) for four years from energy conservation standards established by the Department of Energy in 2014. (EPS convert household electric current into direct current or lower-voltage alternating current to operate a consumer product such as a laptop computer or smart phone.) Applies this exemption to service parts or spare parts for products that were manufactured before February 10, 2016.

EPS Service Parts Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Nurturing Special Kids Act of 2002''. SEC. 2. FINDINGS. Congress finds the following: (1) In 2000, there were 70,400,000 children under age 18 in the United States, and children made up 26 percent of the United States population. The percentage of the population that consists of children is expected to be stable. Children are expected to comprise 24 percent of the population by 2020. (2) There are 11,400,000 infants and toddlers and 12,000,000 preschool-age children in the United States. (3) Nationwide, at least 200,000 infants and toddlers, 600,000 preschool-age children, 2,700,000 children age 6 through 11, and 2,300,000 children age 12 through 17 are served under the Individuals with Disabilities Education Act. (4)(A) Child health often varies by family income. Children in families with incomes below the poverty line (referred to in this Act as ``low-income families'') are less likely than children in other families (referred to in this Act as ``higher-income families'') to be in very good or excellent health. (B) Children from low-income families are more likely to have disabilities or other special needs. They are twice as likely to have a significant disability, nearly twice as likely have serious mental or physical disabilities, and 1.3 times as likely to have learning disabilities, as children from higher- income families. (5)(A) Children (including youth) in low-income families have significantly higher rates of activity limitation than children in higher-income families. (B) In 1998, 11 percent of children age 5 through 17 in low-income families had activity limitations due to chronic conditions. By comparison, 7 percent of such children in higher-income families had such limitations. Children under age 5 in low-income families had a higher rate of activity limitation than such children in higher-income families. (6) Child care can easily cost more than $4,000 a year per child, and high quality child care typically costs much more. The cost of child care is a significant part of a working family's budget, and can force a family to compromise on the quality of care. The expense of child care, relative to income, often keeps family members from being able to afford to work. (7) Forty-five percent of mothers with an infant who is a child with a disability or other special needs do not work outside the home because they cannot find child care. Those mothers are less likely to reenter the labor force by the time their children reach age 1, and those mothers work fewer hours, than mothers with typically developing children. (8) The vast majority of working families who are struggling to afford the high cost of child care are not getting any help in covering that cost. Only 1 out of 10 children who are eligible for child care assistance through the program carried out under the Child Care and Development Block Grant Act of 1990 are receiving any help through that program. (9) A survey found that parents who were using paid child care and whose children had emotional or behavioral disabilities had great difficulty making child care arrangements. Those parents were 20 times more likely than other parents to report that their caregivers had quit or otherwise stopped serving their children, because of those disabilities. (10) The General Accounting Office, the Institute of Medicine of the National Academy of Sciences, and the National Research Council of the National Academy of Sciences have all documented the national shortage of child care options for children with disabilities or other special needs. (11)(A) In a national survey of families who have children with disabilities, \1/5\ of the respondents indicated that a family member had to quit working or work fewer hours because of a child's health. (B) In a Florida survey of a similar group of families, 40 percent of the respondents reported that a family member does not work, 33 percent reported that a family member turned down a job, and 20 percent reported that a family member works fewer hours, because of the need to care for a child's special needs. (C) The shortage of specialized child care is 1 major factor that makes it difficult for parents of children with disabilities to work. (12) In a survey by the General Accounting Office, 6 out of 7 States surveyed indicated a shortage of child care suitable for children with disabilities or other special needs. (13) Research shows that providing support to children with disabilities or other special needs in their early years reduces their need for special education and support later in life. SEC. 3. CHILD CARE QUALITY IMPROVEMENTS FOR CHILDREN WITH DISABILITIES OR OTHER SPECIAL NEEDS. The Child Care and Development Block Grant Act of 1990 is amended by inserting after section 658G (42 U.S.C. 9858e) the following: ``SEC. 658H. ACTIVITIES TO IMPROVE THE QUALITY OF CHILD CARE FOR CHILDREN WITH DISABILITIES OR OTHER SPECIAL NEEDS. ``(a) Definition.--In this section: ``(1) Child with a disability or other special needs.--The term `child with a disability or other special needs' means a child who is-- ``(A) eligible for early intervention services under part C of the Individuals with Disabilities Education Act (20 U.S.C. 1431 et seq.); ``(B) eligible for services under part B of the Individuals with Disabilities Education Act (20 U.S.C. 1411 et seq.); or ``(C) a child with special health care needs, within the meaning of title V of the Social Security Act (42 U.S.C. 701 et seq.), who is an individual with a disability, as defined in section 7(20)(B) of the Rehabilitation Act of 1973 (29 U.S.C. 705(20)(B)). ``(2) Covered amount.--The term `covered amount', used with respect to a State and a fiscal year, means an amount equal to the total of-- ``(A) 5 percent of the allotment received by that State under section 658O for that fiscal year; and ``(B) 96 percent of the allotment received by that State under section 658O for fiscal year 2002. ``(b) Activities.--For any fiscal year in which a State receives an allotment under section 658O that exceeds the covered amount, the State shall reserve and use the excess-- ``(1)(A) to support child care programs that accept children with disabilities or other special needs; ``(B) to provide higher reimbursement rates to eligible child care providers who serve children with disabilities or other special needs through higher subsidies that reflect the real costs of caring for a child with a disability or other special needs; and ``(C) to support training for eligible child care providers in the care of children with disabilities or other special needs; ``(2) to fund consultations for eligible child care providers by competent, licensed professionals-- ``(A) to improve the eligible child care providers' ability to identify children with disabilities or other special needs, including mental and emotional disorders; and ``(B) to strengthen their ability to care for such children; and ``(3) to provide-- ``(A) a comprehensive system of ongoing training and technical assistance, consisting of-- ``(i) training for eligible child care providers, State licensing and regulatory agencies responsible for licensing and regulating child care providers, special education and related services personnel, and parents and other family members on how to collaborate with each other to help ensure appropriate implementation of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.), and section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794); ``(ii) technical assistance to assist eligible child care providers who are center- based child care providers, group home child care providers, or family child care providers, to enable the eligible child care providers to include appropriately children with disabilities or other special needs with other children in child care settings; ``(iii) training for child care facility directors and staff on the use of assistive technology for children with disabilities or other special needs; ``(iv) training to develop leadership skills for directors of child care facilities to operate inclusive child care programs, including training concerning leadership skills in financial development, program development, parent education, and community development; and ``(v) assistance to State and local child care resource and referral agencies on compliance with the Americans with Disabilities Act of 1990, the Individuals with Disabilities Education Act, and section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794); and ``(B) grants for recruitment and retention of qualified staff, consisting of-- ``(i) grants for scholarships, for eligible child care providers who work with children with disabilities or other special needs, and other children, to obtain-- ``(I) associate's, bachelor's, or master's degrees in child development or special education; or ``(II) training in child development; ``(ii) grants to increase salaries of eligible child care providers who obtain-- ``(I) associate's, bachelor's, or master's degrees in child development; or ``(II) training in child development or special education; and ``(iii) grants to promote retention of eligible child care providers in the child care field.''. SEC. 4. STATE PLAN REQUIREMENTS. Section 658E(c)(2) of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858c(c)(2)) is amended by adding at the end the following new subparagraphs: ``(I) Reimbursement for special needs care.-- Certify that the State is taking the cost of specialized care for children with disabilities or other special needs (as defined in section 658H) into account when determining reimbursement rates for child care for which assistance is provided under this subchapter. ``(J) Compliance with disability laws.--Certify that the State will ensure that all eligible child care providers within the State are informed about the requirements associated with the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.), and section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), and describe how the State will assist eligible child care providers by providing the training, technical assistance, and resources necessary to assist the providers in complying with those Acts. ``(K) Coordination with other applicable activities.--Certify and describe the State's efforts to coordinate-- ``(i) training, services, and other assistance provided under section 658H with respect to children with disabilities or other special needs; and ``(ii) similar activities supported under section 619, part C, or part D of the Individuals with Disabilities Education Act (20 U.S.C. 1419, 1431 et seq., or 1451 et seq.), or title V of the Social Security Act (42 U.S.C. 701 et seq.).''. SEC. 5. GRANTS AND LOANS FOR CERTAIN CHILD CARE PROGRAMS. (a) In General.--The Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858) is amended-- (1)(A) by redesignating section 658P as section 658T; and (B) by inserting section 658T (as so redesignated) after section 658S; and (2) by inserting after section 658O the following: ``SEC. 658P. GRANTS AND LOANS FOR CERTAIN CHILD CARE PROGRAMS. ``(a) Definition.--In this section: ``(1) Child with a disability or other special needs.--The term `child with a disability or other special needs' has the meaning given the term in section 658H. ``(2) Inclusive child care program.--The term `inclusive child care program' means a child care program-- ``(A) that serves children with disabilities or other special needs, and other children, together in a setting; and ``(B) in which not more than 50 percent of the children enrolled are children with disabilities or other special needs. ``(b) Grants and Loans.--Subject to appropriations, the Secretary shall make grants and low-interest loans to public agencies and nonprofit organizations (including States, local governments, and community-based organizations) for projects that increase the availability of inclusive child care programs. Such projects may support inclusive child care programs that target low-income populations. ``(c) Applications.--To be eligible to receive a grant or loan under this section, an agency or organization shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. ``(d) Relationship to Other Law.--In this subchapter, other than this section, a provision that refers to this subchapter shall not be considered to refer to this section.''. (b) Conforming Amendments.-- (1) Sections 658B and 658G of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858, 9858e) are amended by striking ``this subchapter'' and inserting ``this subchapter (other than section 658P)''. (2) Section 658O(a)(1) of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858m(a)(1)) is amended by striking ``this subchapter'' and inserting ``section 658B''. SEC. 6. APPROPRIATE OR UNSUITABLE CHILD CARE. Section 407(e) of the Social Security Act (42 U.S.C. 607(e)) is amended by adding at the end the following: ``(3) Appropriate or unsuitable child care.--In determining whether child care is appropriate or unsuitable for purposes of paragraph (2), a State shall not consider child care to be appropriate, and shall consider the child care to be unsuitable, for a child unless the State determines that the child care meets the physical, developmental, emotional, behavioral, and cultural needs of the child.''.

Nurturing Special Kids Act of 2002 - Amends the Child Care and Development Block Grant Act of 1990 (CCDBGA) to require States to reserve certain funds for activities to improve the quality of child care for children with disabilities or other special needs (special children).Requires States that receive CCDBGA allotments in excess of a covered amount to reserve and use the excess to: (1) support child care programs that accept special children, provide higher reimbursements to providers who serve special children, and support training for providers in the care of special children; (2) fund consultations by professionals to improve providers' abilities to identify and care for special children; (3) provide a comprehensive system of ongoing training and technical assistance with respect to providers and others involved in care of special children; and (4) provide grants for recruitment and retention of qualified staff for care of special children.

A bill to amend the Child Care and Development Block Grant Act of 1990 to provide for child care quality improvements for children with disabilities or other special needs, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Industrial Bank Holding Company Act of 2006''. SEC. 2. INDUSTRIAL BANK HOLDING COMPANY REGULATION. (a) Definitions.-- (1) Industrial bank.--Section 3(a) of the Federal Deposit Insurance Act (12 U.S.C. 1813(a)) is amended by adding at the end the following new paragraph: ``(5) Industrial bank.--The term `industrial bank' means any insured State bank that is an industrial bank, industrial loan company, or other institution described in section 2(c)(2)(H) of the Bank Holding Company Act of 1956.''. (2) Industrial bank holding company.--Section 3(w) of the Federal Deposit Insurance Act (12 U.S.C. 1813(w)) is amended by adding at the end the following new paragraph: ``(8) Industrial bank holding company.--The term `industrial bank holding company' means any company that-- ``(A) controls (as determined by the Corporation), directly or indirectly, any industrial bank; and ``(B) is not a bank holding company, a savings and loan holding company, or a company that is subject to the Bank Holding Company Act of 1956 pursuant to section 8(a) of the International Banking Act of 1978.''. (3) Technical and conforming amendments to other definitions.-- (A) Appropriate federal banking agency.--Section 3(q)(3) of the Federal Deposit Insurance Act (12 U.S.C. 1813(q)(3)) is amended-- (i) by striking ``or a foreign'' and inserting ``, any foreign''; and (ii) by inserting ``, and any industrial bank holding company'' after ``insured branch''. (B) Depository institution holding company.-- Section 3(w)(1) of the Federal Deposit Insurance Act (12 U.S.C. 1813(w)(1)) is amended-- (i) by striking ``or a savings'' and inserting ``, any savings''; and (ii) by inserting ``, and any industrial bank holding company'' before the period at the end. (b) Industrial Bank Holding Company Registration and Ownership.-- The Federal Deposit Insurance Act (12 U.S.C. 1811 et seq.) is amended by adding at the end the following new section: ``SEC. 50. INDUSTRIAL BANK HOLDING COMPANY REGULATION. ``(a) Registration.-- ``(1) In general.--Within 90 days after becoming an industrial bank holding company, each industrial bank holding company shall register with the Corporation on forms prescribed by the Corporation. ``(2) Information to be included.--Each registration submitted under paragraph (1) shall include such information, under oath, with respect to the financial condition, ownership, operations, management, and intercompany relationships of the industrial bank holding company and subsidiaries of such holding company, and other factors (including information described in subsection (b)(1)(C)), as the Corporation may determine to be appropriate to carry out the purposes of this section. ``(3) Extension of time for submitting complete information.--Upon application by an industrial bank holding company and subject to such requirements, factors, and evidence as the Corporation may require, the Corporation may extend the period described in paragraph (1) within which such company shall register and file the requisite information. ``(4) Application to prior holding companies.--In the case of any company that becomes an industrial bank holding company by virtue of the enactment of the Industrial Bank Holding Company Act of 2006, the 90-day period referred to in paragraph (1) shall begin on the date of the enactment of such Act. ``(b) Reports and Examinations .-- ``(1) Reports.-- ``(A) Reports required.--Each industrial bank holding company and each subsidiary of an industrial bank holding company, other than an industrial bank, shall file with the Corporation such reports as may be required by the Corporation. ``(B) Form and manner.--Reports filed under subparagraph (A) shall be made under oath and shall be in such form and for such periods, as the Corporation may prescribe. ``(C) Information.--Each report filed under subparagraph (A) shall contain such information as the Corporation may require concerning-- ``(i) the operations of the industrial bank holding company and its subsidiaries; ``(ii) the financial condition of the industrial bank holding company and such subsidiaries, together with information on systems maintained within the holding company for monitoring and controlling financial and operating risks, and transactions with industrial bank subsidiaries of the holding company; ``(iii) compliance by the industrial bank holding company and its subsidiaries with all applicable Federal and State law; and ``(iv) such other information as the Corporation may require. ``(D) Acceptance of existing reports.--For purposes of this paragraph, the Corporation may accept reports that an industrial bank holding company or any subsidiary of such company has provided or has been required to provide to any other Federal or State supervisor or to any appropriate self-regulatory organization. ``(2) Examinations.-- ``(A) In general.--Each industrial bank holding company and each subsidiary of each such holding company (other than an industrial bank) shall be subject to such examinations by the Corporation as the Corporation may prescribe for purposes of this section. ``(B) Furnishing reports to other agencies.-- Examination and other reports made or received under this section may be furnished by the Corporation to any other Federal agency or any appropriate State bank supervisor. ``(C) Use of reports from other agencies.--The Corporation may use, for the purposes of this subsection, reports of examination made by any other Federal agency or any appropriate State bank supervisor with respect to any industrial bank holding company or subsidiary of any such holding company, to the extent the Corporation may determine such use to be feasible for such purposes. ``(c) Limitation on Control.-- ``(1) In general.--Except as provided in paragraph (3) or (4), no industrial bank may be controlled, directly or indirectly, by a commercial firm. ``(2) Commercial firm defined.--For purposes of this section, the term `commercial firm' means any entity at least 15 percent of the annual gross revenues of which on a consolidated basis, including all affiliates of the entity, were derived from engaging, on an on-going basis, in activities that are not financial in nature or incidental to a financial activity during at least 3 of the prior 4 calendar quarters, as determined by the Corporation in accordance with regulations which the Corporation shall prescribe. ``(3) Pre-2003 exclusions.-- ``(A) Grandfathered institutions.--Paragraph (1) shall not apply with respect to any industrial bank-- ``(i) which became an insured depository institution before October 1, 2003, or pursuant to an application for deposit insurance which was approved by the Corporation before such date; and ``(ii) with respect to which there is no change in control, directly or indirectly, of the bank after September 30, 2003, that requires a registration under this section or an application under section 7(j) or 18(c), section 3 of the Bank Holding Company Act of 1956, or section 10 of the Home Owners' Loan Act. ``(B) Corporate reorganizations permitted.--The acquisition of direct or indirect control of the industrial bank referred to in subparagraph (A)(ii) shall not be treated as a `change in control' for purposes of such subparagraph if the company acquiring control is itself directly or indirectly controlled by a company that was an affiliate of such bank on the date referred to in such paragraph, and remains an affiliate at all times after such date. ``(4) Pre-2006 exclusions.-- ``(A) Grandfathered commercial firms.--Paragraph (1) shall not apply to any commercial firm-- ``(i) which became an industrial bank holding company by virtue of acquiring control of an industrial bank on or after October 1, 2003, and before June 1, 2006; ``(ii) which does not acquire control of any other depository institution after May 31, 2006; ``(iii) with respect to which there is no change in control, directly or indirectly, of any depository institution subsidiary after June 1, 2006, that requires a registration under this section or an application under section 7(j) or 18(c), section 3 of the Bank Holding Company Act of 1956, or section 10 of the Home Owners' Loan Act; and ``(iv) each industrial bank subsidiary of which remains in compliance with the limitations contained in subparagraph (B). ``(B) Activity and branching limitations.--An industrial bank subsidiary of a commercial firm described in clauses (i), (ii) and (iii) of subparagraph (A) is in compliance with the requirements of this subparagraph for purposes of subparagraph (A)(iv) so long as the industrial bank-- ``(i) engages only in activities in which the industrial bank was engaged on May 31, 2006; and ``(ii) does not acquire, establish, or operate any branch, deposit production office, loan production office, automated teller machine, or remote service unit in any State other than the home State of the bank or any host State in which such bank operated branches on May 31, 2006. ``(C) Corporate reorganizations permitted.--The acquisition of direct or indirect control of a depository institution subsidiary referred to in subparagraph (A)(iii) shall not be treated as a `change in control' for purposes of such subparagraph if the company acquiring control is itself directly or indirectly controlled by a company that was an affiliate of such subsidiary on the date referred to in such paragraph, and remains an affiliate at all times after such date. ``(5) Transition provision.--Any divestiture of any industrial bank by an industrial bank holding company that is required by operation of this section shall be completed as quickly as is reasonably possible and not later than the end of the 2-year period beginning on the earliest of, as appropriate-- ``(A) the date on which control of the industrial bank is acquired by a commercial firm; ``(B) the date on which the industrial bank holding company that controls such bank becomes a commercial firm; or ``(C) the date on which an industrial bank subsidiary of the industrial bank holding company ceases to comply with any limitation applicable to such bank under paragraph (4)(B). ``(d) Administrative Provisions.-- ``(1) Agent for service of process.--The Corporation may require any industrial bank holding company, or persons connected with such holding company if it is not a corporation, to execute and file a prescribed form of irrevocable appointment of agent for service of process. ``(2) Release from registration.--The Corporation may at any time, upon the Corporation's own motion or upon application, release a registered industrial bank holding company from any registration previously made by such company, if the Corporation determines that such company no longer controls any industrial bank.''. (c) Enforcement.--Section 8(b) of the Federal Deposit Insurance Act (12 U.S.C. 1818(b)) is amended by adding at the end the following new paragraph: ``(11) Industrial bank holding companies.--This subsection and subsections (c) through (s) and subsection (u) of this section shall apply to any industrial bank holding company, and to any subsidiary (other than an industrial bank) of an industrial bank holding company in the same manner as such subsections apply to State nonmember banks.''. (d) Technical and Conforming Amendment.--Section 10(e)(2) of the Federal Deposit Insurance Act (12 U.S.C. 1820(e)(2)) is amended by inserting ``or section 50(b)(2)'' after ``subsection (b)(4)''.

Industrial Bank Holding Company Act of 2006 - Requires an industrial bank holding company to register and file certain reports with the Federal Deposit Insurance Corporation (FDIC) within ninety days after becoming an industrial bank holding company Prohibits such holding company from being controlled by a commercial firm. Grandfathers certain institutions to exempt them from the requirements of this Act.

To amend the Federal Deposit Insurance Act to establish industrial bank holding company regulation, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Alien Child Protection and Deferred Enforced Departure Family Unity Act of 2001''. SEC. 2. PERMANENT RESIDENT STATUS FOR ANY ALIEN ORPHAN WHO IS PHYSICALLY PRESENT IN THE UNITED STATES AND IS LESS THAN 12 YEARS OF AGE. (a) Adjustment of Status.-- (1) In general.--Notwithstanding section 245(c) of the Immigration and Nationality Act, the status of any alien described in subsection (b) shall be adjusted by the Attorney General to that of an alien lawfully admitted for permanent residence, if the alien-- (A) applies for such adjustment; and (B) is otherwise eligible to receive an immigrant visa and is otherwise admissible to the United States for permanent residence, except in determining such admissibility the grounds for inadmissibility specified in paragraphs (4), (6)(A), (7)(A), and (9) of section 212(a) of the Immigration and Nationality Act shall not apply. (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). Such an alien may not be required, as a condition on submitting or granting such application, to file a 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 renders a final administrative 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.--The benefits provided by subsection (a) shall apply to any alien who-- (1) at the time of application has not attained the age of 12 years; (2) is physically present in the United States; and (3) has no living legally-recognized parent. (c) Stay of Removal.-- (1) In general.--The Attorney General shall provide by regulation for an alien 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 any 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 raises as a defense to such an order the eligibility of the alien to apply for adjustment of status under subsection (a), except where the Attorney General has rendered a final administrative determination to deny the application. (d) 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. (e) No Offset in Number of Visas Available.--When 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. (f) 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 this Act shall be held to repeal, amend, alter, modify, effect, or restrict the powers, duties, functions, 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. SEC. 3. DEFERRED ENFORCED DEPARTURE FOR ANY ALIEN NATURAL AND LEGAL PARENT OF A CHILD BORN IN THE UNITED STATES WHO IS LESS THAN 18 YEARS OF AGE. (a) Deferred Enforced Departure.-- (1) In general.--Notwithstanding the Immigration and Nationality Act, the removal or enforced departure any alien described in subsection (b) shall be deferred by the Attorney General during any period in which the alien is the natural and legal parent of a child born in the United States who has not attained the age of 18 years, if the alien applies for such deferral. (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 deferral of enforced departure under paragraph (1). Such an alien may not be required, as a condition on submitting or granting such application, to file a 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 renders a final administrative 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 Deferred Enforced Departure.--The benefits provided by subsection (a) shall apply to any alien who-- (1) is physically present in the United States; and (2) is the natural and legal parent of a child born in the United States who has not attained the age of 18 years. (c) Stay of Removal.-- (1) In general.--The Attorney General shall provide by regulation for an alien 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 any 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 raises as a defense to such an order the eligibility of the alien to apply for adjustment of status under subsection (a), except where the Attorney General has rendered a final administrative determination to deny the application. (d) Availability of Administrative Review.--The Attorney General shall provide to applicants for deferred enforced departure under subsection (a) the same right to, and procedures for, administrative review as are provided to aliens subject to removal proceedings under section 240 of such Act. (e) Work Authorization.-- (1) During application process.--The Attorney General may authorize an alien who has applied for deferred enforced departure 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. (2) During deferred enforced departure period.--The Attorney General shall authorize an alien who is granted deferred enforced departure under subsection (a) to engage in employment in the United States during any period in which deferred enforced departure applies. (f) 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 this Act shall be held to repeal, amend, alter, modify, effect, or restrict the powers, duties, functions, 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 deferred enforced departure status under this section shall not preclude the alien from seeking immigration status under any other provision of law for which the alien may be eligible.

Alien Child Protection and Deferred Enforced Departure Family Unity Act of 2001 - Provides for the permanent resident status adjustment (and stay of removal if applicable) of an alien orphan who is physically present in the United States and under 12 years old.Provides for deferred enforced departure (and stay of removal if applicable) of an alien who is the natural and legal parent of a U.S.-born child under 18 years old.

To provide for permanent resident status for any alien orphan physically present in the United States who is less than 12 years of age and to provide for deferred enforced departure status for any alien physically present in the United States who is the natural and legal parent of a child born in the United States who is less than 18 years of age.

SECTION 1. SHORT TITLE. This Act may be cited as the ``TBI Treatment Act''. SEC. 2. PILOT PROGRAM FOR INVESTIGATIONAL TREATMENT OF MEMBERS OF THE ARMED FORCES FOR TRAUMATIC BRAIN INJURY AND POST- TRAUMATIC STRESS DISORDER. (a) Process.--The Secretary of Defense shall carry out a five-year pilot program under which the Secretary shall establish a process through which the Secretary shall provide payment for investigational treatments (including diagnostic testing) of traumatic brain injury or post-traumatic stress disorder received by members of the Armed Forces in health care facilities other than military treatment facilities. Such process shall provide that payment be made directly to the health care facility furnishing the treatment. (b) Conditions for Approval.--The approval by the Secretary for payment for a treatment pursuant to subsection (a) shall be subject to the following conditions: (1) Any drug or device used in the treatment must be approved or cleared by the Food and Drug Administration for any purpose and its use must comply with rules of the Food and Drug Administration applicable to investigational new drugs or investigational devices. (2) The treatment must be approved by the Secretary following approval by an institutional review board operating in accordance with regulations issued by the Secretary of Health and Human Services. (3) The patient receiving the treatment must demonstrate an improvement under criteria approved by the Secretary, as a result of the treatment on one or more of the following: (A) Standardized independent pre-treatment and post-treatment neuropsychological testing. (B) Accepted survey instruments including, such instruments that look at quality of life. (C) Neurological imaging. (D) Clinical examination. (4) The patient receiving the treatment must be receiving the treatment voluntarily and based on informed consent. (5) The patient receiving the treatment may not be a retired member of the Armed Forces who is entitled to benefits under part A, or eligible to enroll under part B, of title XVIII of the Social Security Act. (c) Additional Restrictions Authorized.--The Secretary may establish additional restrictions or conditions for reimbursement as the Secretary determines appropriate to ensure the protection of human research subjects, appropriate fiscal management, and the validity of the research results. (d) Authority.--The Secretary shall make payments under this section for treatments received by members of the Armed Forces using the authority in subsection (c)(1) of section 1074 of title 10, United States Code. (e) Amount.--A payment under this section shall be made at the equivalent Centers for Medicare and Medicaid Services reimbursement rate in effect for appropriate treatment codes for the State or territory in which the treatment is received. If no such rate is in effect, payment shall be made on a cost-reimbursement basis, as determined by the Secretary, in consultation with the Secretary of Health and Human Services. (f) Data Collection and Availability.-- (1) In general.--The Secretary shall develop and maintain a database containing data from each patient case involving the use of a treatment under this section. The Secretary shall ensure that the database preserves confidentiality and that any use of the database or disclosures of such data are limited to such use and disclosures permitted by law and applicable regulations. (2) Publication of qualified institutional review board studies.--The Secretary shall ensure that an Internet website of the Department of Defense includes a list of all civilian institutional review board studies that have received a payment under this section. (g) Assistance for Members To Obtain Treatment.-- (1) Assignment to temporary duty.--The Secretary of a military department may assign a member of the Armed Forces under the jurisdiction of the Secretary to temporary duty or allow the member a permissive temporary duty in order to permit the member to receive treatment for traumatic brain injury or post-traumatic stress disorder, for which payments shall be made under subsection (a), at a location beyond reasonable commuting distance of the permanent duty station of the member. (2) Per diem.--A member who is away from the permanent station of the member may be paid a per diem in lieu of subsistence in an amount not more than the amount to which the member would be entitled if the member were performing travel in connection with a temporary duty assignment. (3) Gift rule waiver.--The Secretary of Defense may waive any rule of the Department of Defense regarding ethics or the receipt of gifts with respect to any assistance provided to a member of the Armed Forces for travel or per diem expenses incidental to receiving treatment under this section. (h) Memoranda of Understanding.--The Secretary shall enter into memoranda of understandings with civilian institutions for the purpose of providing members of the Armed Forces with treatment carried out by civilian health care practitioners under treatment-- (1) approved by and under the oversight of civilian institutional review boards; and (2) that would qualify for payment under this section. (i) Outreach.--The Secretary of Defense shall establish a process to notify members of the Armed Forces of the opportunity to receive treatment pursuant to this section. (j) Report to Congress.--Not later than 30 days after the last day of each fiscal year during which the Secretary is authorized to make payments under this section, the Secretary shall submit to Congress an annual report on the implementation of this section and any available results on investigational treatment studies authorized under this section. (k) Termination.--The authority to make a payment under this section shall terminate on the date that is five years after the date of the enactment of this Act. (l) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $10,000,000 for each fiscal year during which the Secretary is authorized to make payments under this section.

TBI Treatment Act - Directs the Secretary of Defense (DOD) to carry out a five-year pilot program to establish a process for providing payments to health care facilities for investigational treatments of traumatic brain injury or post-traumatic stress disorder received by members of the Armed Forces in facilities other than military treatment facilities. Subjects such payments to specified conditions, including approval of the treatment by the Secretary and demonstrated improvement by the patient. Requires the Secretary to: (1) develop and maintain a database containing data from each patient case involving the use of such treatments, (2) establish a process to notify members of the Armed Forces of the opportunity to receive such treatments, and (3) report annually to Congress on the implementation of this Act and any available results of investigational treatment studies.

TBI Treatment Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Aboveground Petroleum Storage Tank Consolidation and Regulatory Improvement Act''. SEC. 2. FINDINGS. Congress finds that-- (1) improvement of Federal regulation of aboveground storage tanks will lead to greater prevention and containment of releases from aboveground storage tanks and improvement of the environment; (2) the Administrator of the Environmental Protection Agency has not fully implemented any of the 7 recommendations made in the 1989 report of the General Accounting Office on inland oil spills; (3) consolidation of Federal aboveground storage tank provisions will lead to simplification of the regulatory program and will allow the Administrator to eliminate duplication and conflicting aboveground storage tank regulations; and (4) in order to promote environmental protection, aboveground petroleum storage tank secondary containment structures should meet a minimum permeability standard. SEC. 3. PURPOSES. The purposes of this Act are-- (1) to promote protection of the environment; (2) to streamline the offices in the Environmental Protection Agency and other departments and agencies that administer laws governing aboveground storage tanks and underground storage tanks; (3) to consolidate the laws governing aboveground storage tanks and eliminate duplicative regulations; and (4) to encourage release prevention and fire protection measures in the operation of aboveground storage tanks. SEC. 4. DEFINITIONS. In this Act: (1) Aboveground petroleum storage tank.--The term ``aboveground petroleum storage tank''-- (A) means an aboveground storage tank that-- (i) has a capacity of 42,000 gallons or more; and (ii) is or was at any time used to contain any accumulation of a regulated petroleum substance; but (B) does not include an aboveground storage tank that is used directly in the production of crude oil or natural gas. (2) Aboveground storage tank.--The term ``aboveground storage tank''-- (A) means a stationary tank, including pipes, up to the first first flange, connected to the stationary tank within the facility in which the stationary tank is located, that is or was at any time used to contain an accumulation of a regulated substance, the volume of which tank (including the volume of all piping within the facility) is greater than 90 percent above ground; and (B) includes any tank that is capable of being visually inspected; but (C) does not include-- (i) a surface impoundment, pit, pond, or lagoon; (ii) a storm water or wastewater collection system; (iii) a flow-through process tank (including a pressure vessel or process vessel and oil and water separators); (iv) an intermediate bulk container or similar tank that may be moved within a facility; (v) a tank that is regulated under the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1201 et seq.); (vi) a tank that is used for the storage of products regulated under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.); (vii) a tank (including piping and collection and treatment systems) that is used in the management of leachate, methane gas, or methane gas condensate, unless the tank is used for storage of a regulated substance; (viii) a tank that is used to store propane gas; (ix) any other tank excluded by the Administrator by regulation issued under this Act; (x) a tank that is used to store a fertilizer raw material, fertilizer intermediate or fertilizer product; or (xi) any pipe that is connected to a tank or other facility described in this subparagraph. (3) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (4) Director.--The term ``Director'' means the Director of the Office. (5) Environmental law.--The term ``environmental law'' means 1 of the following statutes (and includes a regulation issued under any such statute): (A) The Clean Air Act (42 U.S.C. 7401 et seq.). (B) The Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.). (C) The Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.). (D) The Oil Pollution Act of 1990 (33 U.S.C. 2701 et seq.). (E) The Solid Waste Disposal Act (42 U.S.C. 6901 et seq.). (F) Any other statute administered by the Administrator. (6) Model fire code.--The term ``model fire code'' means-- (A) fire code 30 or 30-a issued by the National Fire Protection Association; (B) the fire code issued by the Uniform Fire Code Institute; (C) the fire code issued by the Southern Building Code Congress International; or (D) the fire code issued by the Building Offices and Code Administrators International. (7) Office.--The term ``Office'' means the Office of Storage Tanks established by section 5(a). (8) Petroleum.--The term ``petroleum'' means-- (A) crude oil; and (B) any fraction of crude oil that is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute). (9) Regulated petroleum substance.--The term ``regulated petroleum substance'' means-- (A) petroleum; and (B) a petroleum-based substance comprised of a complex blend of hydrocarbons derived from crude oil through processes of separation, conversion, upgrading and finishing, such as a motor fuel, jet fuel, distillate fuel oil, residual fuel oil, lubricant, petroleum solvent, or used or waste oil. (10) Regulated substance.--The term ``regulated substance'' means-- (A) a substance (as defined in section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601)), but not including a substance that is regulated as a hazardous waste under subtitle C of the Solid Waste Disposal Act (42 U.S.C. 6921 et seq.); and (B) a regulated petroleum substance. (11) Underground storage tank.--The term ``underground storage tank'' has the meaning stated in section 9001 of the Solid Waste Disposal Act (42 U.S.C. 6991). SEC. 5. CONSOLIDATION OF OFFICES. (a) Office of Storage Tanks.-- (1) Establishment.--The Office of Underground Storage Tanks of the Environmental Protection Agency is redesignated and established as the Office of Storage Tanks. (2) Director.--The Office shall be headed by a Director appointed by the Administrator. (3) Functions.--The Director shall perform-- (A) the functions that were vested in the Director of the Office of Underground Storage Tanks on the day before the date of enactment of this Act; and (B) the functions transferred to the Director (or to the Administrator, acting through the Director) by subsection (b). (b) Transfers of Authority.--There are transferred to the Director all of the authorities of the following officers of the Environmental Protection Agency, insofar as the authorities relate to the regulation of aboveground storage tanks and underground storage tanks under the environmental laws: (1) The Assistant Administrator for Air. (2) The Assistant Administrator for Water. (3) The Director of the Office of Emergency and Remedial Response. (4) Any other officer to whom the Administrator has delegated authority. (c) Memorandums of Understanding.-- (1) Secretary of labor.--The Administrator, acting through the Director, shall enter into a Memorandum of Understanding with the Secretary of Labor, acting through the Assistant Secretary for Occupational Safety and Health, to clarify the authorities of the Environmental Protection Agency and the authorities of the Occupational Safety and Health Administration, under the Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et seq.) and section 126 of the Superfund Amendments and Reauthorization Act of 1986 (Public Law 99-499; 29 U.S.C. 655 note), with regard to the regulation of aboveground storage tanks and underground storage tanks. (2) Secretary of transportation.--The Administrator, acting through the Director, shall enter into a Memorandum of Understanding with the Secretary of Transportation, acting through the Administrator for Research and Special Programs, acting through the Associate Administrator for Pipeline Safety and the Associate Administrator for Hazardous Materials Technology, to clarify the authorities of the Environmental Protection Agency and the authorities of the Secretary of Transportation, under chapter 601 of title 49, United States Code, relating to the regulation of aboveground storage tanks and underground storage tanks. SEC. 6. CONSOLIDATION OF APPLICABLE LAWS. (a) Restatement in Consolidated Form.-- (1) In general.--Not later than 3 years after the date of enactment of this Act, the Director, in consultation with the States, shall evaluate all laws (including regulations) administered by the Director and, after notice and opportunity for public comment, issue a regulation that restates those laws in consolidated form and streamlines, to the extent practicable, the application of those laws to owners and operators of aboveground storage tanks and underground storage tanks. (2) Intent of congress.--In directing the Director in paragraph (1) to restate the laws in consolidated form, it is not the intent of Congress to direct or authorize the Director to modify the requirements of those laws in any way, except as necessary or appropriate to eliminate any duplication or inconsistencies or to reduce any unnecessary regulatory burdens and except as provided in subsections (b), (c), and (d). (b) Model Fire Codes.--The regulation under subsection (a) shall be consistent with and adopt by reference the model fire codes, as in effect on the date of enactment of this Act or as they may be amended. (c) Releases.-- (1) Reporting requirements applicable to all aboveground storage tanks.--The regulation under subsection (a) shall require that an owner or operator of an aboveground storage tank shall report a release of 42 gallons or more of a regulated substance that occurs during a period of time specified by the director, not to exceed 5 calendar days, including a description of the corrective action taken in response to the release, to the national response center established under the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), unless the release is required to be reported, and is reported, under other Federal law. (2) Orders applicable to aboveground petroleum storage tanks.--After a release from an aboveground petroleum storage tank containing a regulated substance that is determined to be an imminent threat to human health, public safety, or the environment, the Administrator may issue an order prohibiting the use or operation of the aboveground petroleum storage tank until the Administrator determines that-- (A) the prohibition is not necessary to protect human health, public safety, or the environment; or (B) adequate corrective action has been taken, in accordance with the law regulating corrective action that is in effect on the date on which the determination is made. (d) Correction of Deficiencies in the Law Applicable to Aboveground Petroleum Storage Tanks.-- (1) Additional authority.--In addition to the authority transferred to the Director by section 5(b), the Director shall have authority to issue, and shall include in the regulation under subsection (a), release detection, prevention, and correction regulations applicable to owners and operators of aboveground petroleum storage tanks, as necessary to protect human health and the environment. (2) Correction of deficiencies.--In conducting the evaluation of laws and issuing the regulation under subsection (a), the Director shall-- (A) determine whether there are any deficiencies in the law applicable to aboveground petroleum storage tanks on the day before the date of enactment of this Act, specifically with reference to secondary containment, overfill prevention, testing, inspection, compatibility, installation, corrosion protection, and structural integrity of aboveground petroleum storage tanks; and (B) if the Director determines that any such deficiencies exist-- (i) examine industry standards that address the deficiencies; (ii) give substantial weight to industry standards in formulating the regulations required by paragraph (1); and (iii) design the regulation in the most cost-effective manner to address the deficiencies. (e) Correction of Deficiencies in the Law Applicable to Underground Storage Tanks.--In conjunction with the evaluation of laws and issuing the regulations under subsection (a), the Director shall provide that the storage capacity of a facility does not include the capacity of underground storage tanks that are currently subject to the requirements of part 280 of title 40 of the Code of Federal Regulations or the capacity of underground storage tanks that are permanently closed in accordance with subpart G of such part 280. (f) Enforcement.-- (1) In general.--The regulation under subsection (a) shall make clear the statutory enforcement provisions and other statutory provisions that apply to each provision of the regulation. (2) Additional authority.--Any provision of the regulation under subsection (c) or (d) that implements authority conferred by this Act in addition to authority under law in effect on the day before the date of enactment of this Act shall be enforced under and in accordance with the procedures stated in section 9006 of the Solid Waste Disposal Act (42 U.S.C. 6991e). SEC. 7. REPORTS. (a) Interim Report.--Not later than 2 years after the date of enactment of this Act, the Director shall submit to Congress a report describing the progress made and any tentative conclusions drawn in the evaluation process under section 6(a)(1). (b) Final Report.--Simultaneously with the issuance of the regulation under section 6(a)(1), the Director shall submit to Congress a final report that-- (1) describes the evaluation made and the regulation issued under section 6(a)(1); and (2)(A) states the extent to which the regulation implements the recommendations made in the 1989 report of the General Accounting Office on inland oil spills and the 1995 report of the General Accounting Office on the status of the Environmental Protection Agency's efforts to improve the safety of aboveground storage tanks; and (B) to the extent that the consolidated regulation does not implement the recommendations, describes the Director's plans regarding the recommendations.

Aboveground Petroleum Storage Tank Consolidation and Regulatory Improvement Act - Redesignates the Office of Underground Storage Tanks of the Environmental Protection Agency (EPA) and establishes it as the Office of Storage Tanks (OST), to be headed by a Director. Transfers to OST authorities of other EPA officers under the environmental laws. Requires the Administrator, acting through the Director, to enter Memorandums of Understanding with the Secretaries of Labor and Transportation to clarify the authorities of EPA and the respective Secretaries under: (1) the Occupational Safety and Health Act of 1970 and worker protection standards provisions of the Superfund Amendments and Reauthorization Act of 1986; and (2) pipeline safety provisions. Requires the Director, by regulation, to restate the laws he or she administers in consolidated form and streamline their application to owners and operators of aboveground and underground storage tanks. Expresses congressional intent that this direction is not intended to modify the laws' requirements. Imposes, as part of such regulations, a requirement that an owner or operator of an aboveground storage tank report to the national response center established under the Federal Water Pollution Control Act a release of a regulated substance (one regulated under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 or petroleum or a petroleum substance) above a specified threshold, including a description of corrective action taken. Allows the EPA Administrator, after release from an aboveground storage tank of a regulated substance posing an imminent threat to human health, public safety, or the environment, to prohibit the use or operation of all or any portion of a storage tank farm within a facility in which the tank is located until the prohibition is no longer necessary or corrective action has been taken. Authorizes the Director to include in the above regulations release detection, prevention, and correction regulations applicable to owners and operators of aboveground petroleum storage tanks. Requires the Director to determine if there are deficiencies in the law applicable to aboveground petroleum storage tanks and examine industry standards addressing the deficiencies, giving substantial weight to these in designing the regulations. Requires the Director, in conjunction with the restatement of laws required by this Act, to provide that the storage capacity of a facility does not include the capacity of underground storage tanks that are: (1) currently subject to EPA regulations concerning technical standards and corrective action requirements; or (2) permanently closed under such regulations. Establishes requirements for reports to the Congress.

Aboveground Petroleum Storage Tank Consolidation and Regulatory Improvement Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Communications Commission Consolidated Reporting Act of 2015''. SEC. 2. COMMUNICATIONS MARKETPLACE REPORT. Title I of the Communications Act of 1934 (47 U.S.C. 151 et seq.) is amended by adding at the end the following: ``SEC. 13. COMMUNICATIONS MARKETPLACE REPORT. ``(a) In General.--In the last quarter of every even-numbered year, the Commission shall publish on its website and submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the state of the communications marketplace. ``(b) Contents.--Each report required by subsection (a) shall-- ``(1) assess the state of competition in the communications marketplace, including competition to deliver voice, video, audio, and data services among providers of telecommunications, providers of commercial mobile service (as defined in section 332), multichannel video programming distributors (as defined in section 602), broadcast stations, providers of satellite communications, Internet service providers, and other providers of communications services; ``(2) assess the state of deployment of communications capabilities, including advanced telecommunications capability (as defined in section 706 of the Telecommunications Act of 1996 (47 U.S.C. 1302)), regardless of the technology used for such deployment, including whether advanced telecommunications capability is being deployed to all Americans in a reasonable and timely fashion; ``(3) assess whether laws, regulations, or regulatory practices (whether those of the Federal Government, States, political subdivisions of States, Indian tribes or tribal organizations (as such terms are defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b)), or foreign governments) pose a barrier to competitive entry into the communications marketplace or to the competitive expansion of existing providers of communications services; ``(4) describe the agenda of the Commission for the next 2- year period for addressing the challenges and opportunities in the communications marketplace that were identified through the assessments under paragraphs (1) through (3); and ``(5) describe the actions that the Commission has taken in pursuit of the agenda described pursuant to paragraph (4) in the previous report submitted under this section. ``(c) Extension.--If the President designates a Commissioner as Chairman of the Commission during the last quarter of an even-numbered year, the portion of the report required by subsection (b)(4) may be published on the website of the Commission and submitted to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate as an addendum during the first quarter of the following odd-numbered year. ``(d) Special Requirements.-- ``(1) Assessing competition.--In assessing the state of competition under subsection (b)(1), the Commission shall consider all forms of competition, including the effect of intermodal competition, facilities-based competition, and competition from new and emergent communications services, including the provision of content and communications using the Internet. ``(2) Assessing deployment.--In assessing the state of deployment under subsection (b)(2), the Commission shall compile a list of geographical areas that are not served by any provider of advanced telecommunications capability. ``(3) International comparisons and demographic information.--The Commission may use readily available data to draw appropriate comparisons between the United States communications marketplace and the international communications marketplace and to correlate its assessments with demographic information. ``(4) Considering small businesses.--In assessing the state of competition under subsection (b)(1) and regulatory barriers under subsection (b)(3), the Commission shall consider market entry barriers for entrepreneurs and other small businesses in the communications marketplace in accordance with the national policy under section 257(b). ``(5) Considering cable rates.--In assessing the state of competition under subsection (b)(1), the Commission shall include in each report required by subsection (a) the aggregate average total amount paid by cable systems in compensation under section 325 during the period covered by such report.''. SEC. 3. CONSOLIDATION OF REDUNDANT REPORTS; CONFORMING AMENDMENTS. (a) ORBIT Act Report.--Section 646 of the Communications Satellite Act of 1962 (47 U.S.C. 765e; 114 Stat. 57) is repealed. (b) Satellite Competition Report.--Section 4 of Public Law 109-34 (47 U.S.C. 703) is repealed. (c) International Broadband Data Report.--Section 103 of the Broadband Data Improvement Act (47 U.S.C. 1303) is amended-- (1) by striking subsection (b); and (2) by redesignating subsections (c) through (e) as subsections (b) through (d), respectively. (d) Status of Competition in the Market for the Delivery of Video Programming Report.--Section 628 of the Communications Act of 1934 (47 U.S.C. 548) is amended-- (1) by striking subsection (g); (2) by redesignating subsection (j) as subsection (g); and (3) by transferring subsection (g) (as redesignated) so that it appears after subsection (f). (e) Report on Cable Industry Prices.-- (1) In general.--Section 623 of the Communications Act of 1934 (47 U.S.C. 543) is amended-- (A) by striking subsection (k); and (B) by redesignating subsections (l) through (o) as subsections (k) through (n), respectively. (2) Conforming amendment.--Section 613(a)(3) of the Communications Act of 1934 (47 U.S.C. 533(a)(3)) is amended by striking ``623(l)'' and inserting ``623(k)''. (f) Triennial Report Identifying and Eliminating Market Entry Barriers for Entrepreneurs and Other Small Businesses.--Section 257 of the Communications Act of 1934 (47 U.S.C. 257) is amended by striking subsection (c). (g) Section 706 Report.--Section 706 of the Telecommunications Act of 1996 (47 U.S.C. 1302) is amended-- (1) by amending subsection (b) to read as follows: ``(b) Determination.--If the Commission determines in its report under section 13 of the Communications Act of 1934, after considering the availability of advanced telecommunications capability to all Americans (including, in particular, elementary and secondary schools and classrooms), that advanced telecommunications capability is not being deployed to all Americans in a reasonable and timely fashion, the Commission shall take immediate action to accelerate deployment of such capability by removing barriers to infrastructure investment and by promoting competition in the telecommunications market.''; (2) by striking subsection (c); (3) in subsection (d), by striking ``this subsection'' and inserting ``this section''; and (4) by redesignating subsection (d) as subsection (c). (h) State of Competitive Market Conditions With Respect to Commercial Mobile Radio Services.--Section 332(c)(1)(C) of the Communications Act of 1934 (47 U.S.C. 332(c)(1)(C)) is amended by striking the first and second sentences. (i) Previously Eliminated Annual Report.-- (1) In general.--Section 4 of the Communications Act of 1934 (47 U.S.C. 154) is amended-- (A) by striking subsection (k); and (B) by redesignating subsections (l) through (o) as subsections (k) through (n), respectively. (2) Conforming amendments.--The Communications Act of 1934 is amended-- (A) in section 9(i), by striking ``In the Commission's annual report, the Commission shall prepare an analysis of its progress in developing such systems and'' and inserting ``The Commission''; and (B) in section 309(j)(8)(B), by striking the last sentence. (j) Additional Outdated Reports.--The Communications Act of 1934 is further amended-- (1) in section 4-- (A) in subsection (b)(2)(B)(ii), by striking ``and shall furnish notice of such action'' and all that follows through ``subject of the waiver''; and (B) in subsection (g), by striking paragraph (2); (2) in section 215-- (A) by striking subsection (b); and (B) by redesignating subsection (c) as subsection (b); (3) in section 227(e), by striking paragraph (4); (4) in section 309(j)-- (A) by striking paragraph (12); and (B) in paragraph (15)(C), by striking clause (iv); (5) in section 331(b), by striking the last sentence; (6) in section 336(e), by amending paragraph (4) to read as follows: ``(4) Report.--The Commission shall annually advise the Congress on the amounts collected pursuant to the program required by this subsection.''; (7) in section 339(c), by striking paragraph (1); (8) in section 396-- (A) by striking subsection (i); (B) in subsection (k)-- (i) in paragraph (1), by striking subparagraph (F); and (ii) in paragraph (3)(B)(iii), by striking subclause (V); (C) in subsection (l)(1)(B), by striking ``shall be included'' and all that follows through ``The audit report''; and (D) by striking subsection (m); (9) in section 398(b)(4), by striking the third sentence; (10) in section 624A(b)(1)-- (A) by striking ``Report; regulations'' and inserting ``Regulations''; (B) by striking ``Within 1 year after'' and all that follows through ``on means of assuring'' and inserting ``The Commission shall issue such regulations as are necessary to assure''; and (C) by striking ``Within 180 days after'' and all that follows through ``to assure such compatibility.''; and (11) in section 713, by striking subsection (a). SEC. 4. EFFECT ON AUTHORITY. Nothing in this Act or the amendments made by this Act shall be construed to expand or contract the authority of the Federal Communications Commission. SEC. 5. OTHER REPORTS. Nothing in this Act or the amendments made by this Act shall be construed to prohibit or otherwise prevent the Federal Communications Commission from producing any additional reports otherwise within the authority of the Commission. Passed the House of Representatives February 24, 2015. Attest: KAREN L. HAAS, Clerk.

. Federal Communications Commission Consolidated Reporting Act of 2015 (Sec. 2) Amends the Communications Act of 1934 to replace various reporting requirements with a communications marketplace report that the Federal Communications Commission (FCC) is required to publish on its website and submit to Congress every two years assessing: (1) competition in the communications marketplace; (2) deployment of communications capabilities, including whether advanced telecommunications capability is being deployed to all Americans in a reasonable and timely fashion; and (3) whether laws, regulations, or regulatory practices pose a barrier to competitive entry or expansion of existing providers of communications services. Requires the report to describe the FCC's actions in the marketplace and its agenda for the next two years. Directs the FCC to: (1) compile a list of geographic areas that are not served by any provider of advanced telecommunications capability; and (2) consider market entry barriers for entrepreneurs and small businesses in accordance with national policy favoring diversity of media voices, competition, technological advancement, and promotion of the public interest, convenience, and necessity. Requires the FCC's competition assessments to include the aggregate average total amount paid by cable systems for retransmission consent. (Sec. 3) Repeals or consolidates various reports of the FCC and the Corporation for Public Broadcasting, including reports on satellite competition, international broadband, video programming, cable industry prices, small business entry barriers, commercial mobile radio, services to minority and diverse audiences, waivers from requirements prohibiting FCC employees from being financially interested in companies subject to FCC regulation, and several other existing reports under such Act. Amends the Telecommunications Act of 1996 to require the FCC to determine from the communications marketplace report every two years (currently, in an inquiry initiated each year) whether it must act immediately to accelerate deployment of advanced telecommunications capabilities, particularly in elementary and secondary schools, by removing barriers to infrastructure investment and promoting competition.

Federal Communications Commission Consolidated Reporting Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans Access to Capital Act of 2012''. SEC. 2. LOAN PROGRAM FOR VETERANS FOR CERTAIN PROJECTS. Section 502 of the Small Business Investment Act of 1958 (15 U.S.C. 696) is amended-- (1) in the matter preceding paragraph (1) by striking ``The Administration'' and inserting ``(a) In General.--The Administration''; and (2) by adding at the end the following: ``(b) Loan Program for Veterans.-- ``(1) Loan program.--From amounts made available under subsection (a), the Administrator of the Small Business Administration may make loans each fiscal year, totalling not more than 20 percent of such amounts, directly to small business concerns owned and controlled by veterans (as such term is defined in section 3(q)(3) of the Small Business Act (15 U.S.C. 632(q)(3)). ``(2) Terms and conditions.--The Administrator may make loans under this subsection only in accordance with the following: ``(A) Use of funds.--The proceeds of the loan shall be used only for a project with a sound business purpose approved by the Administration. ``(B) Maximum amount.--Loans made by the Administration under this subsection shall be limited to-- ``(i) $5,000,000, if the loan proceeds will not be directed toward a goal or project described in clause (ii), (iii), (iv), or (v); ``(ii) $5,000,000, if the loan proceeds will be directed toward 1 or more of the public policy goals described under section 501(d)(3); ``(iii) $5,500,000 for each project of a small manufacturer; ``(iv) $5,500,000 for each project that reduces the borrower's energy consumption by at least 10 percent; and ``(v) $5,500,000 for each project that generates renewable energy or renewable fuels, such as biodiesel or ethanol production. ``(C) Funding by the small business concern.--The small business concern (or its owners, stockholders, or affiliates) shall provide-- ``(i) at least 15 percent of the total cost of the project financed, if the small business concern has been in operation for a period of 2 years or less; ``(ii) at least 15 percent of the total cost of the project financed if the project involves the construction of a limited or single purpose building or structure; ``(iii) at least 20 percent of the total cost of the project financed if the project involves both of the conditions set forth in clauses (i) and (ii); or ``(iv) at least 10 percent of the total cost of the project financed, in all other circumstances, at the discretion of the Administrator. ``(D) Collateralization.--Collateral provided by the small business concern shall be so provided in accordance with the requirements of subsection (a)(3)(E). ``(E) Additional requirements.--The small business concern shall comply with the requirements of paragraphs (4), (5), (6), and (7) of subsection (a), except that-- ``(i) for purposes of subparagraph (C)(i)(I) of such paragraph (7), the term `borrower' means a small business concern that submits an application to the Administrator under this subsection; and ``(ii) clauses (iii) through (vi) of such paragraph (7)(C) shall not apply in the case of that small business concern. ``(3) Definition.--As used in this subsection, the term `small manufacturer' means a small business concern-- ``(A) the primary business of which is classified in sector 31, 32, or 33 of the North American Industrial Classification System; and ``(B) all of the production facilities of which are located in the United States.''. SEC. 3. LOAN PROGRAM FOR VETERANS. Section 7(a) of the Small Business Act is amended by adding at the end the following: ``(36) Loan program for veterans.--Not more than 20 percent of loans made under this subsection in a fiscal year may be loans under this paragraph. The Administrator may make loans each fiscal year to small business concerns owned and controlled by veterans (as such term is defined in section 3(q)(3)) in the same manner as loans otherwise made under this subsection, except that such loans may only be made directly by the Administrator to the small business concern.''. SEC. 4. VETERAN CREDIT SCORE RELIEF. (a) Small Business Act.--The Small Business Act (15 U.S.C. 631 et seq.) is amended by redesignating section 45 as section 46 and inserting after section 44 the following: ``SEC. 45. VETERAN CREDIT SCORE RELIEF. ``For purposes of loans or loan guarantees under this Act to small business concerns owned and controlled by veterans or to small business concerns owned and controlled by service-disabled veterans, if a veteran has complied with such conditions as the Administrator may by rule require, the Administrator shall reduce any applicable requirement relating to a veteran's credit score. No decrease in credit score attributable to a violation of the Servicemembers Civil Relief Act (50 U.S.C. App. 501 et seq.) shall apply.''. (b) Small Business Investment Act of 1958.--Title I of the Small Business Investment Act of 1958 (15 U.S.C. 661 et seq.) is amended by inserting after section 103 the following: ``SEC. 104. VETERAN CREDIT SCORE RELIEF. ``For purposes of loans or loan guarantees under this Act to small business concerns owned and controlled by veterans or to small business concerns owned and controlled by service-disabled veterans, if a veteran has complied with such conditions as the Administrator may by rule require, the Administrator shall reduce any applicable requirement relating to a veteran's credit score. No decrease in credit score attributable to a violation of the Servicemembers Civil Relief Act (50 U.S.C. App. 501 et seq.) shall apply.''.

Veterans Access to Capital Act of 2012 - Amends the Small Business Investment Act of 1958 to authorize the Administrator of the Small Business Administration (SBA), using up to 20% of annual amounts available for SBA loans to state and local development companies, to make loans directly to small businesses owned and controlled by veterans to be used on projects having a sound business purpose. Provides loan limits and requires partial project funding by such small business. Amends the Small Business Act to authorize the Administrator to make up to 20% of the annual amounts available for SBA section 7(a) general small business loans available for loans to veteran-owned small businesses. Directs the Administrator, for purposes of loans or loan guarantees to veteran- or disabled veteran-owned small businesses, to reduce any applicable requirement relating to the veteran's credit score, as long as the veteran has complied with other conditions that the Administrator may require.

To amend the Small Business Act and the Small Business Investment Act of 1958 to provide for additional loan programs for veteran-owned small businesses, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Vehicle Event History Information Capturing Leads to Engineering Safety Improvements Act of 2010'' or the ``VEHICLE Safety Improvements Act of 2010''. SEC. 2. FINDINGS. Congress makes the following findings: (1) In August 2001, the National Highway Traffic Safety Administration Research and Development Event Data Recorder Working Group published the following findings: (A) ``EDRs [event data recorders] have the potential to greatly improve highway safety, for example, by improving occupant protection systems and improving the accuracy of crash reconstructions.''. (B) ``EDR technology has potential safety applications for all classes of motor vehicles.''. (C) ``A wide range of crash related and other data elements have been identified which might usefully be captured by future EDR systems.''. (D) ``NHTSA has incorporated EDR data collection in its motor vehicle research databases.''. (E) ``Open access to EDR data (minus personal identifiers) will benefit researchers, crash investigators, and manufacturers in improving safety on the highways.''. (F) ``Studies of EDRs in Europe and the U.S. have shown that driver and employee awareness of an on-board EDR reduces the number and severity of drivers' crashes.''. (G) ``Given the differing nature of cars, vans, SUVs, and other lightweight vehicles, compared to heavy trucks, school buses, and motorcoaches, different EDR systems may be required to meet the needs of each vehicle class.''. (H) ``Most systems utilize proprietary technology and require the manufacturer to download and analyze the data.''. (2) The National Highway Traffic Safety Administration (NHTSA) issued an event data recorder rule on August 28, 2006 (71 Fed. Reg. 50998), that-- (A) included a number of technical requirements for event data recorders if they were provided in the motor vehicle, including standardized data required to be collected, the data format, and requirements for the event data recorder to be readable following severe crashes; and (B) did not require the installation of event data recorders in any motor vehicle. (3) Recent NHTSA investigations have highlighted the importance of event data recorders in determining the nature and cause of motor vehicle crashes and malfunctions. SEC. 3. EVENT DATA RECORDERS. Section 30166 of title 49, United States Code, is amended-- (1) by amending subsection (a) to read as follows: ``(a) Definitions.--In this section: ``(1) Model year.--The term `model year' means-- ``(A) the annual production period of a manufacturer that begins on September 1 of the year preceding the calendar year for which the model year is named; and ``(B) the calendar year for which the model year is named, if the manufacturer has no annual production period. ``(2) Motor vehicle crash.--The term `motor vehicle crash' means an occurrence associated with the maintenance or operation of a motor vehicle or motor vehicle equipment resulting in personal injury, death, or property damage. ``(3) Owner.--The term `owner' means a person who-- ``(A) has all the incidents of ownership of a motor vehicle, including legal title, regardless of whether the person lends, rents, or creates a security interest in the vehicle; or ``(B) is entitled to possession of a motor vehicle as-- ``(i) a purchaser under a security agreement; or ``(ii) a lessee under a written lease agreement for a period of at least 3 months. ``(4) Recording device.--The term `recording device' means a feature that-- ``(A) is installed by the manufacturer in a motor vehicle; and ``(B) complies with part 563 of title 49, Code of Federal Regulations, for the purpose of retrieving information from the motor vehicle after an event involving the motor vehicle.''; and (2) in subsection (b)(1)(B), by striking ``accident'' and inserting ``crash''; (3) in subsection (c)(3), by striking ``accident'' each place it appears and inserting ``crash''; and (4) by adding at the end the following: ``(o) Event Data Recorders.-- ``(1) Installation requirement.-- ``(A) Light-duty motor vehicles.--Beginning not later than the September 1 that is between 1 and 2 years after the date on which regulations are promulgated under section 4(a) of the VEHICLE Safety Improvements Act of 2010-- ``(i) each new motor vehicle with a gross vehicle weight rating of not more than 8,500 pounds that manufactured for sale or lease in the United States shall be equipped with a recording device that complies with part 563 of title 49, Code of Federal Regulations (or any successor regulation); and ``(ii) the data stored on any recording device installed in any such new motor vehicle shall be accessible and retrievable by a commercially available universal data reader. ``(B) Medium- and heavy-duty motor vehicles.-- Beginning not later than the September 1 that is between 3 and 4 years after the date on which regulations are promulgated under section 4(b) of the VEHICLE Safety Improvements Act of 2010-- ``(i) each new motor vehicle with a gross vehicle weight rating of more than 8,500 pounds that is manufactured for sale or lease in the United States shall be equipped with a recording device that complies with part 563 of title 49, Code of Federal Regulations (or any successor regulation); and ``(ii) the data stored on any recording device installed in any such new motor vehicle shall be accessible and retrievable by a commercially available universal data reader. ``(2) Disclosure.--The owner's manual of each new motor vehicle sold or leased in the United States that is equipped with a recording device shall clearly indicate the presence of such a recording device, in accordance with section 563.11 of title 49, Code of Federal Regulations (or any successor regulation). ``(3) Privacy protection.--Information recorded or transmitted by a recording device may not be retrieved by a person other than the owner of the motor vehicle in which the recording device is installed unless-- ``(A) a court authorizes retrieval of such information in furtherance of a legal proceeding; ``(B) the owner consents to such retrieval for any purpose, including diagnosing, servicing, or repairing the motor vehicle; or ``(C)(i) the information is retrieved by a government motor vehicle safety agency for the purpose of improving motor vehicle safety; and ``(ii) the personally identifiable information of the owner or driver of the vehicle or the vehicle identification number is not disclosed in connection with the retrieved information.''. SEC. 4. RULEMAKING. (a) Light-Duty Motor Vehicles.--Not later than 18 months after the date of the enactment of this Act, the Secretary of Transportation shall promulgate regulations to carry out the provisions of section 30166(o) of title 49, United States Code, relating to light-duty motor vehicles. (b) Medium- and Heavy-Duty Motor Vehicles.--Not later than 3 years after the date of the enactment of this Act, the Secretary of Transportation shall promulgate regulations to carry out the provisions of section 30166(o) of title 49, United States Code, relating to medium- and heavy-duty motor vehicles.

Vehicle Event History Information Capturing Leads to Engineering Safety Improvements Act of 2010 or VEHICLE Safety Improvements Act of 2010 - Directs the Secretary of Transportation (DOT) to promulgate regulations to require: (1) each new light-, medium-, and heavy-duty motor vehicle manufactured for sale or lease in the United States to be equipped with an event data recorder (EDR) meeting certain requirements; and (2) any data stored in the EDR of such vehicles to be accessible and retrievable by a commercially available universal data reader. Requires the owner's manual of new motor vehicles to indicate clearly the presence of EDRs. Prohibits the retrieval of information recorded or transmitted by an EDR by any person other than the owner of the motor vehicle in which such device is installed, unless: (1) a court authorizes it, the owner consents, or the information is retrieved by a government motor vehicle safety agency; and (2) neither the personally identifiable information of the vehicle owner or driver nor the vehicle identification number (VIN) is disclosed in the retrieval of information.

A bill to amend section 30166 of title 49, United States Code, to require the installation of event data recorders in all motor vehicles manufactured for sale in the United States, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Antiterrorism Act of 1993''. SEC. 2. GENERAL POLICY STATEMENT. The Congress finds and declares the following: (1) The continued use of terrorism is to be deplored. (2) With the dramatic changes that have occurred in the world in the late 1980s and early 1990s, the world community has an extraordinary opportunity to further curtail, and possibly eliminate, terrorist activity. SEC. 3. EMBARGO ON TRADE WITH COUNTRIES SUPPORTING INTERNATIONAL TERRORISM. (a) Trade Embargo.-- (1) Prohibition on imports.--Goods or services from a country described in subsection (b) may not be imported into the United States. (2) Prohibition on exports.--(A) Goods and technology that are subject to the jurisdiction of the United States, or that are exported by any person subject to the jurisdiction of the United States, may not be exported to any country described in subsection (b). (B) As used in this paragraph, the term ``goods and technology'' includes-- (i) any goods or technology (as those terms are defined in paragraphs (3) and (4) of section 16 of the Export Administration Act of 1979); and (ii) any materials or technology that are subject to export controls under the Atomic Energy Act of 1954. (C) Sections 11, 12, and 13 of the Export Administration Act of 1979 (relating to violations, enforcement, and administrative procedure and judicial review) apply with respect to violations and enforcement of this paragraph, without regard to the termination date specified in section 20 of that Act. (3) Regulations.--The President may issue such regulations as are necessary to carry out this subsection. (b) Countries Subject To Embargo.-- (1) Determination by the secretary of state.--Subsection (a) applies with respect to a country if the Secretary of State determines that the government of that country has repeatedly provided support for acts of international terrorism. For purposes of this section, support for acts of international terrorism includes a situation in which the government of a country knowingly allows an international terrorist organization to operate or maintain facilities within the country without taking measures to prevent such organization from operating freely. (2) Publication of determinations.--Each determination of the Secretary of State under paragraph (1) shall be published in the Federal Register. (3) Rescission of determination.--A determination made by the Secretary of State under paragraph (1) may not be rescinded unless the President submits to the Congress-- (A) before the proposed rescission would take effect, a report certifying that-- (i) there has been a fundamental change in the leadership and policies of the government of the country concerned; (ii) that government is not supporting acts of international terrorism; and (iii) that government has provided assurances that it will not support acts of international terrorism in the future; or (B) at least 45 days before the proposed rescission would take effect, a report justifying the rescission and certifying that-- (i) the government concerned has not provided any support for international terrorism during the preceding 6-month period; and (ii) the government concerned has provided assurances that it will not support acts of international terrorism in the future. (c) Waiver Authority.--The President may waive, in whole or in part, the application of subsection (a)(1) or (a)(2)(A) with respect to a country if-- (1) the President determines that national security interests or humanitarian reasons justify such waiver; and (2) at least 15 days before the waiver takes effect, the President consults with the Congress regarding the proposed waiver and submits to the Congress a report-- (A) identifying the country concerned; (B) describing the national security interests or humanitarian reasons which justify the waiver; (C) specifying the imports and exports that will be allowed by the waiver if the waiver is less than a complete lifting of the embargo required by subsection (a); and (D) specifying the period of time during which such waiver will be effective. (d) Repeals.-- (1) Authority to ban imports.--Section 505 of the International Security and Development Cooperation Act of 1985 (relating to the authorization to ban the importation of goods and services from countries supporting terrorism) is repealed. (2) Licensing requirement for exports.--(A) Section 6(j) of the Export Administration Act of 1979 (relating to the requirement for validated licenses and notice to Congress for certain exports to countries supporting international terrorism) is repealed. (B) Any reference in any law to a determination made under section 6(j) of the Export Administration Act of 1979 shall be deemed to be a reference to a determination made under subsection (a) of this section. SEC. 4. OTHER PROVISIONS RELATING TO STATE SPONSORED TERRORISM. (a) Report.--Concurrent with the publication in the Federal Register pursuant to section 3(b)(2) of this Act, section 620A(b) of the Foreign Assistance Act of 1961, or section 40(e) of the Arms Export Control Act of a determination by the Secretary of State that the government of a country has repeatedly provided support for acts of international terrorism, the Secretary shall submit to the Congress a report describing the measures the United States is taking, unilaterally and in concert with other countries, to pressure, both economically and politically, that government to terminate such support. (b) Examples of Support for Acts of International Terrorism.-- (1) Foreign assistance act.--Section 620A(a) of the Foreign Assistance Act of 1961 is amended by adding at the end the following: ``For purposes of this section, support for acts of international terrorism includes a situation in which the government of a country knowingly allows an international terrorist organization to operate or maintain facilities within the country without taking measures to prevent such organization from operating freely.''. (2) Arms export control act.--Section 40(d) of the Arms Export Control Act is amended by adding at the end the following: ``For purposes of this section, support for acts of international terrorism includes a situation in which the government of a country knowingly allows an international terrorist organization to operate or maintain facilities within the country without taking measures to prevent such organization from operating freely.''. SEC. 5. INTERNATIONAL TERRORISM CONTROL TREATY. The Congress reaffirms the policy expressed in section 507 of the International Security and Development Cooperation Act of 1985, which expressed the sense of the Congress that the President should establish a process by which democratic and open societies of the world negotiate a viable treaty to effectively prevent and respond to terrorist attacks. SEC. 6. INTERNATIONAL EMBARGO ON IMPORTS FROM LIBYA. The Congress urges the President to seek the participation of other nations in an embargo on imports from Libya. SEC. 7. REPORT REGARDING INCREASED INTERNATIONAL COOPERATION TO COMBAT TERRORISM. Not later than 180 days after the date of enactment of this Act, the President shall submit to the Congress a report on the implementation of section 201 of the 1984 Act to Combat International Terrorism, which urges the President to seek more effective international cooperation in combatting international terrorism and identifies certain cooperative steps that could be taken. SEC. 8. NUCLEAR TERRORISM. (a) Reaffirmation of 1986 Provisions.--The Congress reaffirms the necessity of the President taking the actions to combat international nuclear terrorism specified in section 601(a) of the Omnibus Diplomatic Security and Antiterrorism Act of 1986, in particular paragraph (4) of that section which directs the President to seek an agreement in the United Nations Security Council to establish-- (1) an effective regime of international sanctions against any nation or subnational group which conducts or sponsors acts of international nuclear terrorism; and (2) measures for coordinating responses to all acts of international nuclear terrorism, including measures for the recovery of stolen nuclear material and the clean-up of nuclear releases. (b) Additional Measures.--The Congress urges the President to seek within the United Nations Security Council whatever additional measures may be necessary to discourage the use of nuclear terrorism. (c) Report to Congress.--Each report submitted pursuant to section 601 of the Nuclear Non-Proliferation Act of 1978 shall include a description of the measures the United States is taking unilaterally, bilaterally, or multilaterally-- (1) to curtail the spread of nuclear material and technology to countries whose governments support international terrorism; and (2) to develop a prompt response to nuclear terrorist threats. SEC. 9. IMPROVING THE ABILITY OF UNITED STATES BUSINESSES TO COUNTER THE THREAT OF KIDNAPPING AND OTHER ACTS OF TERRORISM. (a) Establishment.--Not later than 180 days after the date of enactment of this Act, the President shall establish a Government- Business Antiterrorism Council to study and make recommendations on-- (1) additional steps the United States Government could take to assist United States businesses counter the threat posed by international terrorism; and (2) measures that could be taken by United States businesses to counter the threat posed by international terrorism. (b) Membership.--The membership of the council established pursuant to this section shall include representatives of the airline industry, the tourism industry, and multinational corporations. (c) Special Focus on Kidnapping for Ransom.--The study conducted pursuant to this section should focus on ways to improve the ability of United States businesses to avoid the kidnapping of business executives abroad by terrorist groups seeking to obtain, through ransom payments, funds for terrorist activities. SEC. 10. STATE DEPARTMENT COORDINATOR FOR COUNTER-TERRORISM. In any reorganization of the Department of State, the position of Coordinator for Counter-Terrorism, with the rank of Ambassador at Large, shall be retained. SEC. 11. TERMINATION OF IMET PROGRAM FOR MALTA. Funds made available for fiscal year 1993 or 1994 to carry out chapter 5 of part II of the Foreign Assistance Act of 1961 (relating to the international military education and training program) may not be obligated for Malta. SEC. 12. STEPS TO ENCOURAGE EXTENDED TOURS OF DUTY FOR GOVERNMENT PERSONNEL INVOLVED IN COUNTER-TERRORISM ACTIVITIES. In recognition of the long start-up time required for sensitive counter-terrorism work, it is the sense of the Congress that United States Government personnel, both civilian and military, who are assigned counter-terrorism duties and who voluntarily accept extended tours of duty in order to continue to perform counter-terrorism duties should be accorded beneficial consideration for advancement after completion of such extended tours of duty. SEC. 13. DESIGNATION OF FBI AS LEAD AGENCY FOR DOMESTIC COUNTER- TERRORISM. The Federal Bureau of Investigation shall be the lead agency for coordinating the domestic counter-terrorism activities of the United States Government. SEC. 14. DEATH PENALTY FOR TERRORIST ACTS ABROAD AGAINST UNITED STATES NATIONALS. Section 2332(a)(1) of title 18, United States Code, is amended by inserting ``, and shall be subject to the penalty of death in accordance with the procedures applicable to the imposition of that penalty under section 903(c) of the Federal Aviation Act of 1958 (49 U.S.C. Appendix 1473(c)) relating to procedures in respect of aircraft piracy penalties'' after ``so imprisoned''. SEC. 15. DEATH PENALTY FOR TERRORIST ACTS IN THE UNITED STATES. (a) In General.--Chapter 113A of title 18, United States Code, is amended by adding at the end the following: ``Sec. 2339. Domestic terrorism ``(a) Whoever commits a terrorist act in or affecting interstate or foreign commerce shall be subject to the death penalty, in accordance with the procedures applicable to the imposition of that penalty under section 903(c) of the Federal Aviation Act of 1958 (49 U.S.C. Appendix 1473(c)) if death results, and in any other case shall be fined under this title or imprisoned any term of years or for life. ``(b) As used in this section, the term `terrorist act' means any crime of violence that appears to be intended-- ``(1) to influence or to be in retaliation for the policy or conduct of a government; ``(2) to intimidate or coerce a civilian population; or ``(3) to affect the conduct of a government by assassination or kidnapping.''. (b) Clerical Amendments.--The table of sections at the beginning of chapter 113A of title 18, United States Code, is amended by adding at the end the following: ``2339. Domestic terrorism.''.

Antiterrorism Act of 1993 - Prohibits the importation into the United States of goods or services from, and the exportation of goods or services from the United States to, any country that has repeatedly provided support for international terrorism. Prohibits the rescission of such a determination unless the President certifies to the Congress that the government concerned: (1) has had a fundamental change of leadership and policies; (2) is not supporting international terrorism and has provided assurances that it will not support future terrorism; and (3) at least 45 days before a proposed rescission would take effect, has not provided support for terrorism during the preceding six-month period. Authorizes waivers of the trade embargo for national security or humanitarian reasons. Repeals the following provisions of law: (1) an authorization to ban the importation of goods and services from countries supporting terrorism under the International Security and Development Cooperation Act of 1985; and (2) a requirement for validated licenses and notice to the Congress for exports to countries supporting terrorism under the Export Administration Act of 1979. Urges the President to seek: (1) the participation of other nations in an embargo on imports from Libya; and (2) additional measures within the United Nations Security Council to discourage nuclear terrorism. Directs the President to establish a Government-Business Antiterrorism Council to make recommendations on steps the U.S. Government and U.S. businesses could take to counter the threat posed by international terrorism. Provides for the retention of the Coordinator for Counter-Terrorism in any reorganization of the Department of State. Prohibits the obligation of FY 1993 and 1994 international military education and training assistance for Malta. Expresses the sense of the Congress that U.S. Government personnel who voluntarily accept extended tours of counter-terrorism duty should be accorded beneficial consideration for advancement after completion of such duty. Designates the Federal Bureau of Investigation as the lead agency for coordinating domestic counter-terrorism activities. Amends the Federal criminal code to authorize the death penalty for: (1) terrorist murders of U.S. nationals abroad; and (2) acts of domestic terrorism that result in a death.

Antiterrorism Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Cost-of-Living Board Act of 1997''. SEC. 2. COST-OF-LIVING ADJUSTMENTS. Title XI of the Social Security Act (42 U.S.C. 1301 et seq.) is amended by adding at the end the following: Part D--Cost-of-Living Adjustments ``determination of inflation adjustment ``Sec. 1180. (a) In General.--The Cost-of-Living Board established under section 1181 shall each calendar year after 1996 attempt to determine a single percentage increase or decrease in the cost-of- living which shall apply to any cost-of-living adjustment taking effect during the next calendar year. ``(b) Adoption or Rejection of Percentage.-- ``(1) Adoption.-- ``(A) In general.--If the Cost-of-Living Board adopts by majority vote a single percentage increase or decrease under subsection (a), then, notwithstanding any other provision of law, any cost-of-living adjustment to take effect during the following calendar year shall be made by using such percentage and not by using the change in the Consumer Price Index (or any component thereof). ``(B) Appropriate modifications.--The Cost-of- Living Board shall make appropriate modifications to the single percentage applied to any cost-of-living adjustment if-- ``(i) the period during which the change in the cost-of-living is measured for such adjustment is different than the period used by the Cost-of-Living Board; or ``(ii) the adjustment is based on a component of an index rather than the entire index. ``(2) Rejection.--If the Cost-of-Living Board fails by majority vote to adopt a single percentage increase or decrease under subsection (a) for any calendar year, then any cost-of- living adjustment to take effect during the following calendar year shall be determined without regard to this part. ``(c) Report.--Not later than November 1 of each year, the Cost-of- Living Board shall submit a report to the President and Congress containing a detailed statement with respect to-- ``(1) the percentage (if any) agreed to by the Board under subsection (a); and ``(2) the decision of the Board on whether or not to adopt such a percentage. ``(d) Judicial Review.--Any determination by the Cost-of Living Board under subsection (a) or (b)(1)(B) shall not be subject to judicial review. ``(c) Definition of Cost-of-Living Adjustment.--In this part, the term `cost-of-living adjustment' means any adjustment under any of the following which is determined by reference to any Consumer Price Index (or any component thereof): ``(1) The Internal Revenue Code of 1986. ``(2) Titles II, XVI, XVIII, and XIX of this Act. ``(3) Any other Federal program. ``cost-of-living board ``Sec. 1181. (a) Establishment of Board.-- ``(1) Establishment.--There is established a board to be known as the Cost-of-Living Board (in this section referred to as the `Board'). ``(2) Membership.-- ``(A) Composition.--The Board shall be composed of 5 members of whom-- ``(i) 1 shall be the Chairman of the Board of Governors of the Federal Reserve System; ``(ii) 1 shall be the Chairman of the President's Council of Economic Advisers; and ``(iii) 3 shall be appointed by the President, by and with the advice and consent of the Senate. The President shall consult with the leadership of the House of Representatives and the Senate in the appointment of the Board members under clause (iii). ``(B) Expertise.--The members of the Board appointed under subparagraph (A)(iii) shall be experts in the field of economics and should be familiar with the issues related to the calculation of changes in the cost of living. In appointing members under subparagraph (A)(iii), the President shall consider appointing-- ``(i) former members of the President's Council of Economic Advisers; ``(ii) former Treasury department officials; ``(iii) former members of the Board of Governors of the Federal Reserve System; ``(iv) other individuals with relevant prior government experience in positions requiring appointment by the President and Senate confirmation; and ``(v) academic experts in the field of price statistics. ``(C) Date.-- ``(i) Nominations.--Not later than 30 days after the date of enactment of the Cost of Living Board Act of 1997, the President shall submit the nominations of the members of the Board described in subparagraph (A)(iii) to the Senate. ``(ii) Senate action.--Not later than 60 days after the Senate receives the nominations under clause (i), the Senate shall vote on confirmation of the nominations. ``(3) Terms and vacancies.-- ``(A) Terms.--A member of the Board appointed under paragraph (2)(A)(iii) shall be appointed for a term of 5 years, except that of the members first appointed under that paragraph-- ``(i) 1 member shall be appointed for a term of 1 year; ``(ii) 1 member shall be appointed for a term of 3 years; and ``(iii) 1 member shall be appointed for a term of 5 years. ``(B) Vacancies.-- ``(i) In general.--A vacancy on the Board shall be filled in the manner in which the original appointment was made and shall be subject to any conditions which applied with respect to the original appointment. ``(ii) Filling unexpired term.--An individual chosen to fill a vacancy shall be appointed for the unexpired term of the member replaced. ``(C) Expiration of terms.--The term of any member appointed under paragraph (2)(A)(iii) shall not expire before the date on which the member's successor takes office. ``(4) Initial meeting.--Not later than 30 days after the date on which all members of the Board have been appointed, the Board shall hold its first meeting. Subsequent meetings shall be determined by the Board by majority vote. ``(5) Open meetings.--Notwithstanding section 552b of title 5, United States Code, or section 10 of the Federal Advisory Committee Act (5 U.S.C. App.), the Board may, by majority vote, close any meeting of the Board to the public otherwise required to be open under that section. The Board shall make the records of any such closed meeting available to the public not later than 30 days of that meeting. ``(6) Quorum.--A majority of the members of the Board shall constitute a quorum, but a lesser number of members may hold hearings. ``(7) Chairperson and vice chairperson.--The Board shall select a Chairperson and Vice Chairperson from among the members appointed under paragraph (2)(A)(iii). ``(b) Powers of the Board.-- ``(1) Hearings.--The Board may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Board considers advisable to carry out the purposes of this part. ``(2) Information from federal agencies.--The Board may secure directly from any Federal department or agency such information as the Board considers necessary to carry out the provisions of this part, including the published and unpublished data and analytical products of the Bureau of Labor Statistics. Upon request of the Chairperson of the Board, the head of such department or agency shall furnish such information to the Board. ``(3) Postal services.--The Board may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government. ``(4) Gifts.--The Board may accept, use, and dispose of gifts or donations of services or property. ``(c) Board Personnel Matters.-- ``(1) Compensation of members.--Each member of the Board who is not otherwise an officer or employee of the Federal Government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level III of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which such member is engaged in the performance of the duties of the Board. All members of the Board who otherwise are officers or employees of the United States shall serve without compensation in addition to that received for their services as officers or employees of the United States. ``(2) Travel expenses.--The members of the Board shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Board. ``(3) Staff.-- ``(A) In general.--The Chairperson of the Board may, without regard to the civil service laws and regulations, appoint and terminate an executive director and such other additional personnel as may be necessary to enable the Board to perform its duties. The employment of an executive director shall be subject to confirmation by the Board. ``(B) Compensation.--The Chairperson of the Board may fix the compensation of the executive director and other personnel without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the executive director and other personnel may not exceed the rate payable for level IV of the Executive Schedule under section 5316 of such title. ``(4) Detail of government employees.--Any Federal Government employee may be detailed to the Board without additional reimbursement (other than the employee's regular compensation), and such detail shall be without interruption or loss of civil service status or privilege. ``(5) Procurement of temporary and intermittent services.-- The Chairperson of the Board may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals which do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title. ``(d) Termination.--Section 14 of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Board. ``(e) Authorization of Appropriations.--There are authorized to be appropriated to the Board such sums as are necessary to carry out the purposes of this part.''.

Cost-of-Living Board Act of 1997 - Amends title XI of the Social Security Act (SSA) to establish the Cost-of-Living Board, composed of the Chairman of the Board of Governors of the Federal Reserve System, the Chairman of the President's Council of Economic Advisers, and three other members appointed by the President, to: (1) attempt each calendar year to determine a single percentage increase or decrease in the cost-of-living which shall apply to any cost-of-living adjustment which is determined by reference to any Consumer Price Index and taking effect during the next calendar year under the Internal Revenue Code and SSA titles II (Old Age, Survivors and Disability Insurance), XVI (Supplemental Security Income), XVIII (Medicare), and XIX (Medicaid); and (2) report to the President and the Congress on such adjustment. Authorizes appropriations.

Cost-of-Living Board Act of 1997

SECTION 1. IMMUNITY FOR REPORTS OF SUSPECTED TERRORIST ACTIVITY OR SUSPICIOUS BEHAVIOR AND RESPONSE. (a) Immunity for Reports of Suspected Terrorist Activity or Suspicious Behavior.-- (1) In general.--Any person, who, in good faith and based on objectively reasonable suspicion, makes, or causes to be made, a voluntary report based of covered activity to an authorized official shall be immune from civil liability under any Federal, State, or local law for such report. (2) False reports.--Paragraph (1) shall not apply to any report that the person knew to be false or was made with reckless disregard for the truth at the time that person made the report. (b) Immunity for Response.-- (1) In general.-- (A) Immunity.--Any authorized official who observes, or receives a report of, covered activity and takes reasonable action in good faith to respond to such activity shall have qualified immunity from civil liability for such action, consistent with applicable law in the relevant jurisdiction. (B) Additional immunity.--An authorized official described in subsection (d)(1)(A) not entitled to assert the defense of qualified immunity shall be immune from civil liability under Federal, State, and local law if such authorized official takes reasonable action, in good faith, to respond to the reported activity. (2) Savings clause.--Nothing in this subsection shall-- (A) affect the ability of any authorized official to assert any defense, privilege, or immunity that would otherwise be available; and (B) be construed as affecting any such defense. (c) Attorney Fees and Costs.--Any person or authorized official found to be immune from civil liability under this section shall be entitled to recover from the plaintiff all reasonable costs and attorney fees. (d) Definitions.--In this section: (1) Authorized official.--The term ``authorized official'' means-- (A) any employee or agent of a passenger transportation system or other person with responsibilities relating to the security of such systems; (B) any officer, employee, or agent of the Department of Homeland Security, the Department of Transportation, or the Department of Justice with responsibilities relating to the security of passenger transportation systems; or (C) any Federal, State, or local law enforcement officer. (2) Covered activity.--The term ``covered activity'' means any suspicious transaction, activity, or occurrence that involves, or is directed against, a passenger transportation system or vehicle or its passengers indicating that an individual may be engaging, or preparing to engage, in a violation of law relating to-- (A) a threat to a passenger transportation system or passenger safety or security; or (B) an act of terrorism (as that term is defined in section 3077 of title 18, United States Code). (3) Passenger transportation.--The term ``passenger transportation'' means-- (A) public transportation, as defined in section 5302 of title 49, United States Code; (B) over-the-road bus transportation and school bus transportation; (C) intercity passenger rail transportation as defined in section 24102 of title 49, United States Code; (D) the transportation of passenger vessel as defined in section 2101 of title 46, United States Code; (E) other regularly scheduled waterborne transportation service of passengers by vessel of at least 20 gross tons; and (F) air transportation, as defined in section 40102 of title 49, United States Code, of passengers. (4) Passenger transportation system.--The term ``passenger transportation system'' means an entity or entities organized to provide passenger transportation using vehicles, including the infrastructure used to provide such transportation. (5) Vehicle.--The term ``vehicle'' has the meaning given to that term in section 1992(16) of title 18, United States Code. (6) Effective date.--This section shall take effect immediately upon the date of enactment of this Act, and shall apply to all activities and claims occurring on or after such date.

Grants immunity from civil liability to: (1) persons who, in good faith and based on an objectively reasonable suspicion, report suspicious activity involving or directed against a passenger transportation system, a threat to such system or to passenger safety or security, or an act of terrorism; and (2) passenger transportation security system employees or agents and other federal employees with transportation security responsibilities who take reasonable actions, in good faith, to respond to reported threats.

A bill to provide limited immunity for reports of suspected terrorist activity or suspicious behavior and response.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Cody Miller Initiative for Safer Prescriptions Act''. SEC. 2. PATIENT MEDICATION INFORMATION FOR PRESCRIPTION DRUGS. Chapter V of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 351 et seq.) is amended by inserting after section 505D the following: ``SEC. 505E. PATIENT MEDICATION INFORMATION FOR PRESCRIPTION DRUGS. ``(a) In General.--Not later than 2 years after the date of enactment of this section, the Secretary shall issue regulations regarding the authorship, content, format, and dissemination requirements for patient medication information (referred to in this section as `PMI') for drugs subject to section 503(b)(1). ``(b) Content.--The regulations promulgated under subsection (a) shall require that the PMI with respect to a drug-- ``(1) be scientifically accurate and based on the professional labeling approved by the Secretary and authoritative, peer-reviewed literature; and ``(2) includes nontechnical, understandable, plain language that is not promotional in tone or content, and contains at least-- ``(A) the established name of drug, including the established name of such drug as a listed drug (as described in section 505(j)(2)(A)) and as a drug that is the subject of an approved abbreviated new drug application under section 505(j) or of an approved license for a biological product submitted under section 351(k) of the Public Health Service Act, if applicable; ``(B) drug uses and clinical benefits; ``(C) general directions for proper use; ``(D) contraindications, common side effects, and most serious risks of the drug, especially with respect to certain groups such as children, pregnant women, and the elderly; ``(E) measures patients may be able to take, if any, to reduce the side effects and risks of the drug; ``(F) when a patient should contact his or her health care professional; ``(G) instructions not to share medications, and, if any exist, key storage requirements, and recommendations relating to proper disposal of any unused portion of the drug; and ``(H) known clinically important interactions with other drugs and substances. ``(c) Timeliness, Consistency, and Accuracy.--The regulations promulgated under subsection (a) shall include standards related to-- ``(1) performing timely updates of drug information as new drugs and new information becomes available; ``(2) ensuring that common information is applied consistently and simultaneously across similar drug products and for drugs within classes of medications in order to avoid patient confusion and harm; and ``(3) developing a process, including consumer testing, to assess the quality and effectiveness of PMI in ensuring that PMI promotes patient understanding and safe and effective medication use. ``(d) Submission of PMI.-- ``(1) Submission of pmi for approval.--The regulations promulgated under subsection (a) shall-- ``(A) with respect to any drug for which an application is submitted under subsection (b) or (j) of section 505 of this Act, or under subsection (a) or (k) of section 351 of the Public Health Service Act, on or after the date that is 18 months after the date of the enactment of the Cody Miller initiative for Safer Prescriptions Act-- ``(i) require the sponsor of the drug to submit PMI for the drug as part of such application; and ``(ii) provide for approval or disapproval of the PMI as part of the process for approving or disapproving the application; and ``(B) with respect to any other drug lawfully marketed in the United States-- ``(i) require the sponsor of the drug to submit PMI for the drug to the Secretary; and ``(ii) provide for approval or disapproval of the PMI. ``(2) Identical pmi for generic drugs.--The regulations promulgated under subsection (a) shall require the PMI for a drug subject to an abbreviated new drug application under section 505(j) to be identical to the PMI for the listed drug (as such term is used in section 505(j)), except for excluding any portion of the PMI for the listed drug that is protected by patent or by an exclusivity period under this Act. ``(e) Electronic Repository.-- ``(1) In general.--The regulations promulgated under subsection (a) shall provide for the development of a publicly accessible electronic repository for all PMI documents and content to facilitate the availability of PMI. ``(2) Effect of submission.--If the sponsor of a drug submits PMI to such electronic registry, the sponsor is deemed, subject to the deadlines specified in subsection (d)(1), to have submitted the PMI for purposes of subsection (d)(1).''. SEC. 3. PUBLICATION ON INTERNET WEB SITE. The Secretary of Health and Human Services shall publish on the Internet Web site of the Food and Drug Administration a link to the Daily Med Web site (http://dailymed.nlm.nih.gov/dailymed) (or any successor Web site).

Cody Miller Initiative for Safer Prescriptions Act - Amends the Federal Food, Drug, and Cosmetic Act (FFDCA) to direct the Secretary of Health and Human Services (HHS) to promulgate regulations regarding the authorship, content, format, and dissemination requirements for patient medication information (PMI) for prescription drugs. Requires such regulations to require the PMI for such a drug: (1) to be scientifically accurate and to be based on the approved professional labeling and authoritative, peer-reviewed literature; and (2) to include plain language that is not promotional in tone or content. Requires that such language include: (1) the established name of the drug; (2) drug uses and clinical benefits; (3) general directions for proper use; (4) contraindications, common side effects, and the most serious risks of the drug; (5) measures patients may take to reduce the side effects and risks; (6) when a patient should contact his or her health care professional; (7) instructions not to share medications; (8) any key storage requirements; (9) recommendations relating to proper disposal of any unused portion of the drug; and (10) known clinically important interactions with other drugs and substances. Requires such regulations to: (1) include standards related to performing timely updates of drug information, ensuring that common information is applied consistently and simultaneously across similar drug products and for drugs within classes of medications, and developing a process to assess the quality and effectiveness of PMI in promoting patient understanding and safe and effective use; (2) require the sponsor of a new drug or biological product to submit PMI as part of the new drug or abbreviated (generic) new drug application and provide for approval or disapproval of the PMI as part of the application process; (3) require the sponsor of any drug lawfully marketed in the United States to submit PMI for the drug to the Secretary for approval or disapproval of the PMI; (4) require the PMI for a generic drug to be identical to the PMI for the listed drug, except for excluding any portion of such PMI that is protected by patent or an exclusivity period under FFDCA; and (5) provide for the development of a publicly accessible electronic repository for all PMI. Requires the Secretary to publish on the Food and Drug Administration (FDA) website a link to the Daily Med website.

To require the Secretary of Health and Human Services to promulgate regulations regarding the authorship, content, format, and dissemination of Patient Medication Information to ensure patients receive consistent and high-quality information about their prescription medications and are aware of the potential risks and benefits of prescription medications.

SECTION 1. CONTINUITY OF MEDICARE PRESCRIPTION DRUG COVERAGE FOR FULL- BENEFIT DUAL ELIGIBLE INDIVIDUALS. (a) In General.--Section 1860D-2(a) of the Social Security Act (42 U.S.C. 1395w-102(a)) is amended-- (1) in paragraph (1), by inserting ``subject to paragraph (6),'' after ``part C''; and (2) by adding at the end the following new paragraph: ``(6) Continuation of medicare coverage for certain prescriptions for full-benefit dual eligible individuals.--In the case of an individual who, as of the date the individual is first enrolled under a prescription drug plan under this part (or an MA-PD plan under part D), is a full-benefit dual eligible individual and is being provided medical assistance for a covered part D drug under title XIX, qualified prescription drug coverage must include coverage for such drug unless a prescribing physician certifies that the coverage of such drug is not medically necessary, regardless of whether the individual subsequently remains a full-benefit dual eligible individual.''. (b) Effective Date.--The amendments made by subsection (a) shall be effective as if included in the enactment of Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173). SEC. 2. MEDICARE PRESCRIPTION DRUG COVERAGE OF BENZODIAZEPINES. (a) In General.--Section 1860D-2(e)(2)(A) of the Social Security Act (42 U.S.C. 1395w-112(e)(2)(A)) is amended by inserting after ``agents)'' the following: ``and other than subparagraph (J) of such section (relating to benzodiazepines)''. (b) Effective Date.--The amendment made by subsection (a) shall be effective as if included in the enactment of Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173). SEC. 3. PERMITTING STATE MEDICAID PROGRAMS TO COVER MEDICARE PRESCRIPTION DRUG COPAYMENTS FOR FULL-BENEFIT DUAL ELIGIBLE INDIVIDUALS. (a) In General.--Section 1935(d) of the Social Security Act (42 U.S.C. 1396u-5(d)) is amended by adding at the end the following new paragraph: ``(3) Optional coverage of medicare prescription drug cost- sharing.--Notwithstanding paragraph (1), a State may, at its option, provide medical assistance under the plan under this title for the deductible and cost-sharing imposed under a prescription drug plan (or an MA-PD plan) for full-benefit dual eligible individuals and payment shall be available under section 1903(a) with respect to such assistance provided. ''. (b) Effective Date.--The amendment made by subsection (a) shall be effective as if included in the enactment of Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173). SEC. 4. MEDICARE COVERAGE OF OFF-LABEL USES OF PRESCRIPTION DRUGS AND BIOLOGICALS. (a) In General.--Section 1860D--2(e) of the Social Security Act (42 U.S.C. 1395w-102(e)) is amended at the end by adding the following new paragraph: ``(4) Rule of Construction.--Nothing in this subsection shall be construed as excluding from the definition of the term `covered part D drug'-- ``(A) a drug described in paragraph (1)(A) on the sole basis that such drug is prescribed by a physician for a use other than a use included in the labeling of such drug pursuant to the approval of the safety and effectiveness of such drug as a prescription drug under section 505 or 507 of the Federal Food, Drug, and Cosmetic Act or approval of such drug under section 505(j) of such Act; or ``(B) a biological product described in paragraph (1)(B) on the sole basis that such product is prescribed by a physician for a use other than a use included in the labeling of such product pursuant to the licensure of such product under section 351 of the Public Health Service Act; even if the unlabeled use of the drug or product is not included in a standard clinical reference compendia used by clinicians for purposes of providing guidance to such clinicians with respect to unlabeled uses of such a drug or product.''. (b) Effective Date.--The amendment made by subsection (a) shall be effective as if included in the enactment of Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173). SEC. 5. AUTHORIZATION FOR SECRETARY OF HEALTH AND HUMAN SERVICES TO WAIVE DENIAL OF PRESCRIPTION DRUG COVERAGE. (a) In General.--Section 1860D-4(h) of the Social Security Act (42 U.S.C. 1395w-104(h)) is amended at the end by adding the following new paragraph: ``(4) Authorization for Secretary to Waive Denial of Prescription Drug Coverage.--After a part D eligible individual has exhausted all rights of such individual under this subsection and subsection (g), with respect to a determination made under this subsection or subsection (g) for a prescription drug plan not to provide for coverage of a covered part D drug (or a determination related to the application of tiered cost-sharing described in subsection (g)(2)), the individual may apply to the Secretary for a waiver that requires the prescription drug plan to provide for such coverage (or provide for an exception to the structure of such tiered cost-sharing). Upon receipt of such application, the Secretary may grant such waiver if the prescribing physician certifies that the coverage of such prescription drug is medically necessary with respect to the individual.''. (b) Effective Date.--The amendment made by subsection (a) shall be effective as if included in the enactment of Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173). SEC. 6. HOLDING PHARMACIES HARMLESS FOR CERTAIN COSTS INCURRED DURING IMPLEMENTATION OF MEDICARE PART D. (a) In General.--The Secretary of Health and Human Services shall provide for such payments to pharmacies as may be necessary to reimburse pharmacies fully for-- (1) transaction fees associated with any point-of-sale facilitated identification and enrollment process established by the Secretary to facilitate, at point of sale, the identification of drug plan assignment of full-benefit dual eligible individuals (as defined in section 1935(c)(6) of the Social Security Act (42 U.S.C. 1396u-5(c)(6)) or the enrollment of previously unidentified or new full-benefit dual eligible individuals into Medicare prescription drug coverage under part D of title XVIII of the Social Security Act; (2) costs associated with technology or software upgrades necessary to make any identification and enrollment inquiries as part of a process described in paragraph (1); and (3) costs of providing prescription drugs and biological products to part D eligible individuals (as defined in section 1860D-1(a)(3)(A) of such Act (42 U.S.C. 1395w-101(a)(3)(A)) whose prescription drug plans could not be identified, if the pharmacy involved was not reimbursed for such costs upon completion of plan reconciliation. (b) Time.--Payments under subsection (a) shall be made with respect to fees and costs incurred during the period beginning on December 1, 2005, and ending on June 1, 2006. (c) Payments From Account.--Payments under subsection (a) shall be made from the Medicare Prescription Drug Account under section 1860D-16 of the Social Security Act (42 U.S.C. 1395w-116) and shall be deemed to be payments from such Account under subsection (b) of such section.

Amends part D (Voluntary Prescription Drug Benefit Program ) of title XVIII (Medicare) of the Social Security Act (SSA) to provide for continuity of coverage of prescription drugs under Medicare prescription drug plans for full-benefit dual eligible individuals. Provides for Medicare prescription drug coverage of benzodiazepines and of off-label uses of prescription drugs and biologicals. Amends SSA title XIX (Medicaid) to permit state Medicaid programs to cover Medicare prescription drug copayments for full-benefit dual eligible individuals. Amends SSA title XVIII to authorize the Secretary of Health and Human Services to waive denial of Medicare prescription drug coverage. Directs the Secretary to provide for payments from the Medicare Prescription Drug Account necessary to reimburse pharmacies fully for: (1) transaction fees associated with any point-of-sale facilitated identification and enrollment process established to facilitate, at point of sale, the identification of drug plan assignment of full-benefit dual eligible individuals or the enrollment of previously unidentified or new full-benefit dual eligible individuals into Medicare prescription drug coverage; (2) costs associated with technology or software upgrades necessary to make any inquiries as part of a identification and enrollment process; and (3) costs of providing prescription drugs and biological products to part D eligible individuals whose prescription drug plans could not be identified, if the pharmacy involved as not reimbursed for such costs upon completion of plan reconciliation.

To amend titles XVIII and XIX of the Social Security Act to provide for continuity of Medicare prescription drug coverage for full-benefit dual eligible individuals, for Medicare prescription drug coverage of benzodiazepines and off-label uses of certain prescription drugs and biological products, for optional Medicaid coverage of Medicare prescription drug cost-sharing for full-benefit dual eligible individuals, for authorization to the Secretary of Health and Human Services to waive certain determinations denying Medicare prescription drug coverage, and for holding pharmacies harmless for certain costs incurred during implementation of Medicare part D.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Life-Threatening Diseases Compassion through Combination Therapy Act of 2012''. SEC. 2. PROMOTING THE DEVELOPMENT OF COMBINATIONS OF INVESTIGATIONAL NEW DRUGS FOR SERIOUS DISEASES. (a) In General.--Subchapter A of chapter 5 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 351 et seq.) is amended by inserting, after section 505, the following new section: ``SEC. 505E. MARKETING EXCLUSIVITY AND PRIORITY REVIEW FOR SIGNIFICANT DRUG COMBINATIONS. ``(a) Significant Drug Combination Designation.-- ``(1) In general.--The Secretary may designate a combination of drugs as a significant drug combination if such combination of drugs-- ``(A) includes 2 or more drugs (which may include one or more biologics subject to licensure under section 351 of the Public Health Service Act) that-- ``(i) when used in combination, offer the potential to significantly advance treatment for a serious or life-threatening disease; and ``(ii) in combination, meet the criteria for codevelopment of drug combinations, as specified in the Food and Drug Administration's guidance document entitled `Guidance for Industry: Codevelopment of Two or More Unmarketed Investigational Drugs for Use in Combination' or a successor document; and ``(B) includes at least 2 drugs that, as of the date on which such designation is made, are not approved under section 505 of this Act or licensed under section 351 of the Public Health Service Act. ``(2) Purpose.--The purpose of the designation under paragraph (1) is to encourage the codevelopment of such drug combinations. ``(3) Task force recommendations.--In making designations under paragraph (1), the Secretary shall take into account the recommendations submitted by the codevelopment task force under section 3(c)(1) of the Life-Threatening Diseases Compassion through Combination Therapy Act of 2012. ``(4) Requests.-- ``(A) In general.--The manufacturer or sponsor of a drug may request that the Secretary determine whether a combination of 2 or more drugs is a significant drug combination. ``(B) Response to request.--Not later than 30 days after the submission of the request under subparagraph (A), the Secretary shall review the request and-- ``(i) if the combination of drugs subject to the request has previously been designated under paragraph (1) and the combination of drugs continues to meet the requirements for such a designation, the Secretary shall provide notice to the person who submitted the request that such combination of drugs is a significant drug combination; ``(ii) if the combination of drugs subject to the request has not previously been designated under paragraph (1), but the combination of drugs meets the requirements for such a designation, the Secretary shall designate such drug as a significant drug combination under paragraph (1) and provide notice to the person who submitted the request that such combination of drugs is a significant drug combination; or ``(iii) if the combination of drugs subject to the request does not meet the requirements for designation as a significant drug combination under paragraph (1), the Secretary shall provide notice to the person who submitted the request that such combination of drugs is not a significant drug combination. ``(C) Deadline.--A request for designation under subparagraph (A) shall be made concurrently with, or after, submission of an application for the investigation of the drug under section 505(i) or section 351(a)(3) of the Public Health Service Act, but not later than the first date on which phase I trials for any of the drugs involved in the drug combination are completed. ``(b) List of Significant Drug Combinations.-- ``(1) Initial list.--Not later than 180 days after the date of enactment of the Life-Threatening Diseases Compassion through Combination Therapy Act of 2012, the Secretary shall develop, and shall publish on the public Web site of the Food and Drug Administration, an initial list of combinations of 2 or more drugs that the Secretary has designated as significant drug combinations under subsection (a). ``(2) Update.--The Secretary shall revise and update the list under paragraph (1) on an annual basis-- ``(A) to include additional drug combinations that the Secretary has designated as significant drug combinations under subsection (a); and ``(B) to exclude drug combinations which were previously designated as significant drug combinations under subsection (a), but which no longer meet the requirements of subsection (a)(1)(B) (relating to the minimum number of unapproved drugs in a significant drug combination). ``(c) Extension of Market Exclusivity.-- ``(1) In general.--If, prior to approval of a drug pursuant to an application submitted under section 505(b), the Secretary designated a significant drug combination under subsection (a) that includes such drug, then the four- and five-year periods described in subsections (c)(3)(E)(ii) and (j)(5)(F)(ii) of section 505, the three-year periods described in clauses (iii) and (iv) of subsection (c)(3)(E) and clauses (iii) and (iv) of subsection (j)(5)(F) of section 505, or the seven-year period described in section 527, as applicable, shall be extended by 6 months for such drug. ``(2) Limitations.--Paragraph (1) does not apply to the approval of-- ``(A) a supplement to an application under section 505(b) for a drug in a designated significant drug combination, if an extension described in paragraph (1) is in effect or has expired for the original application (or a prior supplement to such application); or ``(B) a subsequent application filed by the same sponsor or manufacturer of a drug in a designated significant drug combination described in subparagraph (A) (or a licensor, predecessor in interest, or other related entity) for-- ``(i) a change (not including a modification to the structure of the drug) that results in a new indication, route of administration, dosing schedule, dosage form, delivery system, delivery device, or strength; or ``(ii) a modification to the structure of the drug that does not result in a change in safety or effectiveness. ``(d) Priority Review.--If a drug is a drug in a significant drug combination designated under subsection (a), the Secretary shall review and take action on any application submitted for such drug under section 505(b) or section 351(k) not later than 6 months after receipt by the Secretary of such application. ``(e) Significantly Advance Treatment Definition.--For purposes of this section, the phrase `significantly advance treatment' means, with respect to a drug combination-- ``(1) the drug combination provides for the treatment of one or more life-threatening or other serious diseases or conditions for which no therapy exists; or ``(2) if one or more therapies are available for the treatment of such a disease or condition, the drug combination is demonstrated, through clinical investigations to cause one or more improved effects on serious outcomes of the disease or condition that are affected by alternative therapies, such as-- ``(A) superiority of the drug combination; or ``(B) the drug combination minimizes the development of drug resistance, in an active controlled trial assessing an endpoint reflecting serious morbidity.''. (b) Fast Track Product.--Paragraph (1) of section 506(a) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 356(a)) is amended by inserting after ``if it is intended for the treatment of a serious or life-threatening condition and it demonstrates the potential to address unmet medical needs for such a condition'' the following: ``or if such drug is a drug in a significant drug combination designated under section 505E(a)''. SEC. 3. CODEVELOPMENT TASK FORCE. (a) Establishment.--Not later than 6 months after the date of enactment of this Act, the Secretary of Health and Human Services shall establish an interagency task force for the purpose of encouraging the codevelopment of drugs in significant drug combinations. (b) Membership.--The membership of the task force under subsection (a) shall include experts on-- (1) basic and translational research; and (2) preclinical and clinical drug development related to serious and life-threatening diseases, including cancer. (c) Duties.--The task force under subsection (a) shall have the following duties: (1) Recommended significant drug combination list.-- (A) Initial recommendations.--The task force shall develop a list of types of drug combinations that the task force recommends that the Secretary designate as significant drug combinations under section 505E of the Federal Food, Drug, and Cosmetic Act. (B) Public comment.--The task force shall make the list developed under subparagraph (A) publicly available, and shall provide an opportunity for members of the public to comment on the content of such list. (C) Revised recommendations.--Not later than 60 days after making the list publicly available under subparagraph (B), the task force shall revise the list under subparagraph (A) in response to the comments received under subparagraph (B) and shall submit such revised list to the Secretary and the Congress. (D) Updates.--On an annual basis, the task force shall submit to the Secretary and the Congress updates to the list under subparagraph (C), after making such updates publicly available and providing an opportunity for public comment. (2) Policy report.-- (A) In general.--Not later than one year after the date of enactment of this Act, and annually thereafter, the task force shall submit to the Secretary and the Congress a report that-- (i) identifies-- (I) issues that present challenges to the codevelopment of drugs in significant drug combinations; and (II) opportunities to further support the codevelopment of drugs in significant drug combinations; and (ii) contains recommendations to the Secretary and the Congress on policy changes that could provide additional support for the codevelopment of drugs in significant drug combinations. (B) Public comment.--Before submitting the report under subparagraph (A), the task force shall make a draft of the report publicly available, and shall provide an opportunity for members of the public to comment on such report. (d) Application of FACA.--Section 14 of the Federal Advisory Committee Act shall not apply to the duration of the task force under subsection (a). (e) Significant Drug Combination Defined.--For purposes of this section, the term ``significant drug combination'' means a combination of 2 or more drugs (which may include one or more biologics subject to licensure under section 351 of the Public Health Service Act) that-- (1) when used in combination, offer the potential to significantly advance treatment for a serious or life- threatening disease; (2) in combination, meet the criteria for codevelopment of drug combinations, as specified in the Food and Drug Administration's guidance document entitled ``Guidance for Industry: Codevelopment of Two or More Unmarketed Investigational Drugs for Use in Combination'' or a successor document; and (3) includes at least 2 drugs that are not approved under section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355) or licensed under section 351 of the Public Health Service Act (42 U.S.C. 262). SEC. 4. STUDY. (a) In General.--The Secretary of Health and Human Services shall conduct a study on the impact of the extensions of exclusivity under section 505E(c) of the Federal Food, Drug, and Cosmetic Act, as added by section 2, on the development of significant drug combinations, as defined in section 3(e). (b) Interim Findings.--The Secretary shall-- (1) make the interim findings from the study under subsection (a) available to the task force under section 4 and the public; and (2) shall provide an opportunity for the task force and members of the public to make comments on such findings. (c) Final Findings.--Not later than 5 years after the date of the enactment of this Act, after providing the opportunity for comment described in subsection (b), the Secretary shall submit the findings of the study under subsection (a) to the Congress.

Life-Threatening Diseases Compassion through Combination Therapy Act of 2012 - Amends the Federal Food, Drug, and Cosmetic Act to authorize the Secretary of Health and Human Services (HHS) to designate a combination of drugs as a significant drug combination if such combination: (1) includes two or more drugs or biological products that, when used in combination, offer the potential to significantly advance treatment for a serious or life-threatening disease and, in combination, meet the criteria for co-development of drug combinations in Food and Drug Administration (FDA) guidance; and (2) includes at least two drugs that are not approved. Requires the Secretary to develop, publish, and revise annually a list of combinations of two or more drugs designated as significant drug combinations. Extends the market exclusivity for a drug by six months if it is designated as a significant drug combination before it is approved as a new drug. Requires the Secretary to review and take action on a drug in a significant drug combination designated under this Act within six months after receiving an application for approval of a new drug application or licensure of a biosimilar biological product. Requires the Secretary, at the request of the sponsor of a drug, to expedite development and review for designated drug combinations. Requires the Secretary to establish an interagency task force to encourage the co-development of drugs in significant drug combinations. Requires the task force to develop, revise in response to public comments, and update annually a list of types of drug combinations it recommends that the Secretary designate as significant drug combinations. Directs the Secretary to study the impact of the extension of market exclusivity under this Act.

To amend title V of the Federal Food, Drug, and Cosmetic Act to provide for extensions of marketing exclusivity periods for drugs in certain combinations of such drugs, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Illinois and Michigan Canal National Heritage Corridor Act Amendments of 2005''. SEC. 2. TRANSITION AND PROVISIONS FOR NEW MANAGEMENT ENTITY. The Illinois and Michigan Canal National Heritage Corridor Act of 1984 (Public Law 98-398; 16 U.S.C. 461 note) is amended as follows: (1) In section 103-- (A) in paragraph (8), by striking ``and''; (B) in paragraph (9), by striking the period and inserting ``; and''; and (C) by adding at the end the following: ``(10) the term `Association' means the Canal Corridor Association (an organization described under section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of such Code).''. (2) By adding at the end of section 112 the following new paragraph: ``(7) The Secretary shall enter into a memorandum of understanding with the Association to help ensure appropriate transition of the management entity to the Association and coordination with the Association regarding that role.''. (3) By adding at the end the following new sections: ``SEC. 119. ASSOCIATION AS MANAGEMENT ENTITY. ``Upon the termination of the Commission, the management entity for the corridor shall be the Association. ``SEC. 120. DUTIES AND AUTHORITIES OF ASSOCIATION. ``For purposes of preparing and implementing the management plan developed under section 121, the Association may use Federal funds made available under this title-- ``(1) to make loans and grants to, and enter into cooperative agreements with, States and their political subdivisions, private organizations, or any person; ``(2) to hire, train, and compensate staff; and ``(3) to enter into contracts for goods and services. ``SEC. 121. DUTIES OF THE ASSOCIATION. ```The Association shall-- ``(1) develop and submit to the Secretary for approval under section 123 a proposed management plan for the corridor not later than 2 years after Federal funds are made available for this purpose; ``(2) give priority to implementing actions set forth in the management plan, including taking steps to assist units of local government, regional planning organizations, and other organizations-- ``(A) in preserving the corridor; ``(B) in establishing and maintaining interpretive exhibits in the corridor; ``(C) in developing recreational resources in the corridor; ``(D) in increasing public awareness of and appreciation for the natural, historical, and architectural resources and sites in the corridor; and ``(E) in facilitating the restoration of any historic building relating to the themes of the corridor; ``(3) encourage by appropriate means economic viability in the corridor consistent with the goals of the management plan; ``(4) consider the interests of diverse governmental, business, and other groups within the corridor; ``(5) conduct public meetings at least quarterly regarding the implementation of the management plan; ``(6) submit substantial changes (including any increase of more than 20 percent in the cost estimates for implementation) to the management plan to the Secretary; and ``(7) for any year in which Federal funds have been received under this title-- ``(A) submit an annual report to the Secretary setting forth the Association's accomplishments, expenses and income, and the identity of each entity to which any loans and grants were made during the year for which the report is made; ``(B) make available for audit all records pertaining to the expenditure of such funds and any matching funds; and ``(C) require, for all agreements authorizing expenditure of Federal funds by other organizations, that the receiving organizations make available for audit all records pertaining to the expenditure of such funds. ``SEC. 122. USE OF FEDERAL FUNDS. ``(a) In General.--The Association shall not use Federal funds received under this title to acquire real property or an interest in real property. ``(b) Other Sources.--Nothing in this title precludes the Association from using Federal funds from other sources for authorized purposes. ``SEC. 123. MANAGEMENT PLAN. ``(a) Preparation of Management Plan.--Not later than 2 years after the date that Federal funds are made available for this purpose, the Association shall submit to the Secretary for approval a proposed management plan that shall-- ``(1) take into consideration State and local plans and involve residents, local governments and public agencies, and private organizations in the corridor; ``(2) present comprehensive recommendations for the corridor's conservation, funding, management, and development; ``(3) include actions proposed to be undertaken by units of government and nongovernmental and private organizations to protect the resources of the corridor; ``(4) specify the existing and potential sources of funding to protect, manage, and develop the corridor; and ``(5) include-- ``(A) identification of the geographic boundaries of the corridor; ``(B) a brief description and map of the corridor's overall concept or vision that show key sites, visitor facilities and attractions, and physical linkages; ``(C) identification of overall goals and the strategies and tasks intended to reach them, and a realistic schedule for completing the tasks; ``(D) a listing of the key resources and themes of the corridor; ``(E) identification of parties proposed to be responsible for carrying out the tasks; ``(F) a financial plan and other information on costs and sources of funds; ``(G) a description of the public participation process used in developing the plan and a proposal for public participation in the implementation of the management plan; ``(H) a mechanism and schedule for updating the plan based on actual progress; ``(I) a bibliography of documents used to develop the management plan; and ``(J) a discussion of any other relevant issues relating to the management plan. ``(b) Disqualification From Funding.--If a proposed management plan is not submitted to the Secretary within 2 years after the date that Federal funds are made available for this purpose, the Association shall be ineligible to receive additional funds under this title until the Secretary receives a proposed management plan from the Association. ``(c) Approval of Management Plan.--The Secretary shall approve or disapprove a proposed management plan submitted under this title not later than 180 days after receiving such proposed management plan. If action is not taken by the Secretary within the time period specified in the preceding sentence, the management plan shall be deemed approved. The Secretary shall consult with the local entities representing the diverse interests of the corridor including governments, natural and historic resource protection organizations, educational institutions, businesses, recreational organizations, community residents, and private property owners prior to approving the management plan. The Association shall conduct semi-annual public meetings, workshops, and hearings to provide adequate opportunity for the public and local and governmental entities to review and to aid in the preparation and implementation of the management plan. ``(d) Effect of Approval.--Upon the approval of the management plan as provided in subsection (c), the management plan shall supersede the conceptual plan contained in the National Park Service report. ``(e) Action Following Disapproval.--If the Secretary disapproves a proposed management plan within the time period specified in subsection (c), the Secretary shall advise the Association in writing of the reasons for the disapproval and shall make recommendations for revisions to the proposed management plan. ``(f) Approval of Amendments.--The Secretary shall review and approve all substantial amendments (including any increase of more than 20 percent in the cost estimates for implementation) to the management plan. Funds made available under this title may not be expended to implement any changes made by a substantial amendment until the Secretary approves that substantial amendment. ``SEC. 124. TECHNICAL AND FINANCIAL ASSISTANCE; OTHER FEDERAL AGENCIES. ``(a) Technical and Financial Assistance.--Upon the request of the Association, the Secretary may provide technical assistance, on a reimbursable or nonreimbursable basis, and financial assistance to the Association to develop and implement the management plan. The Secretary is authorized to enter into cooperative agreements with the Association and other public or private entities for this purpose. In assisting the Association, the Secretary shall give priority to actions that in general assist in-- ``(1) conserving the significant natural, historic, cultural, and scenic resources of the corridor; and ``(2) providing educational, interpretive, and recreational opportunities consistent with the purposes of the corridor. ``(b) Duties of Other Federal Agencies.--Any Federal agency conducting or supporting activities directly affecting the corridor shall-- ``(1) consult with the Secretary and the Association with respect to such activities; ``(2) cooperate with the Secretary and the Association in carrying out their duties under this title; ``(3) to the maximum extent practicable, coordinate such activities with the carrying out of such duties; and ``(4) to the maximum extent practicable, conduct or support such activities in a manner which the Association determines is not likely to have an adverse effect on the corridor. ``SEC. 125. AUTHORIZATION OF APPROPRIATIONS. ``(a) In General.--To carry out this title there is authorized to be appropriated $10,000,000, except that not more than $1,000,000 may be appropriated to carry out this title for any fiscal year. ``(b) 50 Percent Match.--The Federal share of the cost of activities carried out using any assistance or grant under this title shall not exceed 50 percent of that cost. ``SEC. 126. SUNSET. ``The authority of the Secretary to provide assistance under this title terminates on September 30, 2027.''. SEC. 3. PRIVATE PROPERTY PROTECTION. The Illinois and Michigan Canal National Heritage Corridor Act of 1984 is further amended by adding after section 126 (as added by section 2) the following new sections: ``SEC. 127. REQUIREMENTS FOR INCLUSION OF PRIVATE PROPERTY. ``(a) Notification and Consent of Property Owners Required.--No privately owned property shall be preserved, conserved, or promoted by the management plan for the corridor until the owner of that private property has been notified in writing by the Association and has given written consent for such preservation, conservation, or promotion to the Association. ``(b) Landowner Withdraw.--Any owner of private property included within the boundary of the corridor, and not notified under subsection (a), shall have their property immediately removed from the boundary of the corridor by submitting a written request to the Association. ``SEC. 128. PRIVATE PROPERTY PROTECTION. ``(a) Access to Private Property.--Nothing in this title shall be construed to-- ``(1) require any private property owner to allow public access (including Federal, State, or local government access) to such private property; or ``(2) modify any provision of Federal, State, or local law with regard to public access to or use of private property. ``(b) Liability.--Designation of the corridor shall not be considered to create any liability, or to have any effect on any liability under any other law, of any private property owner with respect to any persons injured on such private property. ``(c) Recognition of Authority to Control Land Use.--Nothing in this title shall be construed to modify the authority of Federal, State, or local governments to regulate land use. ``(d) Participation of Private Property Owners in Corridor.-- Nothing in this title shall be construed to require the owner of any private property located within the boundaries of the corridor to participate in or be associated with the corridor. ``(e) Effect of Establishment.--The boundaries designated for the corridor represent the area within which Federal funds appropriated for the purpose of this title may be expended. The establishment of the corridor and its boundaries shall not be construed to provide any nonexisting regulatory authority on land use within the corridor or its viewshed by the Secretary, the National Park Service, or the Association.''. SEC. 4. TECHNICAL AMENDMENTS. Section 116 of Illinois and Michigan Canal National Heritage Corridor Act of 1984 is amended-- (1) by striking subsection (b); and (2) in subsection (a)-- (A) by striking ``(a)'' and all that follows through ``For each'' and inserting ``(a) For each''; (B) by striking ``Commission'' and inserting ``Association''; (C) by striking ``Commission's'' and inserting ``Association's''; (D) by redesignating paragraph (2) as subsection (b); and (E) by redesignating subparagraphs (A) and (B) as paragraphs (1) and (2), respectively.

Illinois and Michigan Canal National Heritage Corridor Act Amendments of 2005 - Amends the Illinois and Michigan Canal National Heritage Corridor Act of 1984 to designate, upon the termination of the Illinois and Michigan Canal National Heritage Corridor Commission, the Canal Corridor Association to be the management entity for the Illinois and Michigan Canal National Heritage Corridor. Requires the Association to develop and submit a proposed management plan for the Corridor to the Secretary of the Interior for approval. Authorizes the Secretary to provide technical and financial assistance to the Association for the development and implementation of the management plan.

To amend the Illinois and Michigan Canal National Heritage Corridor Act of 1984 to help ensure the appropriate transition of the management entity of the heritage corridor, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Brownfields Enhancement, Economic Redevelopment, and Reauthorization Act of 2017''. SEC. 2. REDEVELOPMENT CERTAINTY FOR GOVERNMENTAL ENTITIES. Section 101(20)(D) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601(20)(D)) is amended by striking ``ownership or control'' and all that follows through ``by virtue'' and inserting ``ownership or control through seizure or otherwise in connection with law enforcement activity, or through bankruptcy, tax delinquency, abandonment, or other circumstances in which the government acquires title by virtue''. SEC. 3. PETROLEUM BROWNFIELD ENHANCEMENT. Section 101(39)(D)(ii)(II) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601(39)(D)(ii)(II)) is amended by amending item (bb) to read as follows: ``(bb) is a site for which there is no viable responsible party and that is determined by the Administrator or the State, as appropriate, to be a site that will be assessed, investigated, or cleaned up by a person that is not potentially liable for cleaning up the site under this Act or any other law pertaining to the cleanup of petroleum products; and''. SEC. 4. CLARIFICATION OF LEASEHOLDER INTEREST. Section 101(40) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601(40)) is amended-- (1) in the matter preceding subparagraph (A), by striking ``(or a tenant of a person) that acquires ownership of'' and inserting ``who acquires ownership of, or a leasehold interest in,''; (2) in subparagraph (A), by inserting ``or the leasehold interest in the facility'' before the period at the end; (3) in subparagraph (B)-- (A) in clause (ii), by inserting ``with respect to a person who acquires ownership of a facility. The Administrator shall establish standards and practices with respect to a person who acquires a leasehold interest in a facility'' before the period at the end; and (B) in clause (iii), by inserting ``, or acquisition of a leasehold interest,'' after ``time of purchase''; (4) in subparagraph (H)(i)(II), by inserting ``, by the instruments by which the leasehold interest in the facility is acquired after January 11, 2002,'' after ``financed''; and (5) by adding at the end the following: ``(I) Leaseholders.--In the case of a person holding a leasehold interest in a facility-- ``(i) the leasehold interest in the facility-- ``(I) is for a term of not less than 5 years; and ``(II) grants the person control of, and access to, the facility; and ``(ii) the person is responsible for the management of all hazardous substances at the facility.''. SEC. 5. EXPANDED ELIGIBILITY FOR NONPROFIT ORGANIZATIONS. (a) Nonprofit Organizations.--Section 104(k)(1) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k)(1)) is amended-- (1) in subparagraph (G), by striking ``or'' after the semicolon; (2) in subparagraph (H), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following: ``(I) an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of that Code; ``(J) a limited liability corporation in which all managing members are organizations described in subparagraph (I) or limited liability corporations whose sole members are organizations described in subparagraph (I); ``(K) a limited partnership in which all general partners are organizations described in subparagraph (I) or limited liability corporations whose sole members are organizations described in subparagraph (I); or ``(L) a qualified community development entity (as defined in section 45D(c)(1) of the Internal Revenue Code of 1986).''. (b) Conforming Amendments.--Section 104(k) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k)) is amended-- (1) in paragraph (3)-- (A) in subparagraph (A)(ii)-- (i) by striking ``or nonprofit organizations''; and (ii) by striking ``entity or organization'' and inserting ``eligible entity''; and (B) in subparagraph (B)(ii)-- (i) by striking ``or other nonprofit organization''; and (ii) by striking ``or nonprofit organization''; and (2) in paragraph (6)(A), by striking ``or nonprofit organizations''. SEC. 6. TREATMENT OF PUBLICLY OWNED BROWNFIELD SITES. Section 104(k) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9604) is amended-- (1) in paragraph (2), by adding at the end the following: ``(C) Exemption for certain publicly owned brownfield sites.--Notwithstanding any other provision of law, an eligible entity described in any of subparagraphs (A) through (H) of paragraph (1) may receive a grant under this paragraph for property acquired by that eligible entity prior to January 11, 2002, even if such eligible entity does not qualify as a bona fide prospective purchaser, so long as the eligible entity has not caused or contributed to a release or threatened release of a hazardous substance at the property.''; (2) in paragraph (3), by adding at the end the following: ``(E) Exemption for certain publicly owned brownfield sites.--Notwithstanding any other provision of law, an eligible entity described in any of subparagraphs (A) through (H) of paragraph (1) may receive a grant or loan under this paragraph for property acquired by that eligible entity prior to January 11, 2002, even if such eligible entity does not qualify as a bona fide prospective purchaser, so long as the eligible entity has not caused or contributed to a release or threatened release of a hazardous substance at the property.''; and (3) in paragraph (4)(B)(iii)-- (A) by striking ``up to 25 percent of the''; and (B) by inserting ``described in any of subparagraphs (A) through (H) of paragraph (1)'' after ``eligible entities''. SEC. 7. REMEDIATION GRANT ENHANCEMENT. Section 104(k)(3)(A)(ii) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k)(3)(A)(ii)) is amended by striking ``$200,000 for each site to be remediated'' and inserting ``$500,000 for each site to be remediated, which limit may be waived by the Administrator, but not to exceed a total of $750,000 for each site, based on the anticipated level of contamination, size, or ownership status of the site''. SEC. 8. MULTIPURPOSE BROWNFIELDS GRANTS. Section 104(k) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k)) is amended-- (1) by redesignating paragraphs (4) through (12) as paragraphs (5) through (13), respectively; (2) in paragraph (3)(A), by striking ``Subject to paragraphs (4) and (5)'' and inserting ``Subject to paragraphs (5) and (6)''; (3) by inserting after paragraph (3) the following: ``(4) Multipurpose brownfields grants.-- ``(A) In general.--Subject to subparagraph (D) and paragraphs (5) and (6), the Administrator shall establish a program to provide multipurpose grants to an eligible entity based on the criteria under subparagraph (C) and the considerations under paragraph (3)(C), to carry out inventory, characterization, assessment, planning, or remediation activities at 1 or more brownfield sites in an area proposed by the eligible entity. ``(B) Grant amounts.-- ``(i) Individual grant amounts.--Each grant awarded under this paragraph shall not exceed $1,000,000. ``(ii) Cumulative grant amounts.--The total amount of grants awarded for each fiscal year under this paragraph may not exceed 15 percent of the amounts made available for the fiscal year to carry out this subsection. ``(C) Criteria.--In awarding a grant under this paragraph, the Administrator shall consider the extent to which the eligible entity is able-- ``(i) to provide an overall plan for revitalization of the 1 or more brownfield sites in the proposed area in which the multipurpose grant will be used; ``(ii) to demonstrate a capacity to conduct the range of activities that will be funded by the multipurpose grant; and ``(iii) to demonstrate that a multipurpose grant will meet the needs of the 1 or more brownfield sites in the proposed area. ``(D) Condition.--As a condition of receiving a grant under this paragraph, each eligible entity shall expend the full amount of the grant not later than the date that is 5 years after the date on which the grant is awarded to the eligible entity, unless the Administrator provides an extension. ``(E) Ownership.--An eligible entity that receives a grant under this paragraph may not expend any of the grant funds on remediation of a brownfield site until such time as the eligible entity owns the brownfield site.''; and (4) by striking ``(2) or (3)'' each place it appears and inserting ``(2), (3), or (4)''. SEC. 9. ADMINISTRATIVE COSTS FOR GRANT RECIPIENTS. Paragraph (5) of section 104(k) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k)) (as redesignated by section 8 of this Act) is amended-- (1) in subparagraph (B)-- (A) in clause (i)-- (i) by striking subclause (III); and (ii) by redesignating subclauses (IV) and (V) as subclauses (III) and (IV), respectively; (B) by striking clause (ii); (C) by redesignating clause (iii) as clause (ii); and (D) in clause (ii) (as redesignated by subparagraph (C) of this paragraph), by striking ``Notwithstanding clause (i)(IV)'' and inserting ``Notwithstanding clause (i)(III)''; and (2) by adding at the end the following: ``(E) Administrative costs.-- ``(i) In general.--An eligible entity may use up to 5 percent of the amounts made available under a grant or loan under this subsection for administrative costs. ``(ii) Restriction.--For purposes of clause (i), the term `administrative costs' does not include-- ``(I) investigation and identification of the extent of contamination of a brownfield site; ``(II) design and performance of a response action; or ``(III) monitoring of a natural resource.''. SEC. 10. RENEWABLE ENERGY ON BROWNFIELD SITES. Paragraph (6) of section 104(k) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k)) (as redesignated by section 8 of this Act) is amended by adding at the end of subparagraph (C) the following: ``(xi) The extent to which a grant would facilitate the production of renewable energy on the site.''. SEC. 11. SMALL COMMUNITY TECHNICAL ASSISTANCE GRANTS. (a) In General.--Section 128(a)(1)(B) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9628(a)(1)(B)) is amended-- (1) in clause (ii)-- (A) in subclause (I), by striking ``; or'' and inserting a semicolon; (B) in subclause (II), by striking the period at the end and inserting ``; or''; and (C) by adding at the end the following: ``(III) assist small communities, Indian tribes, rural areas, or disadvantaged areas in carrying out activities described in section 104(k)(7)(A) with respect to brownfield sites.''; and (2) by adding at the end the following: ``(iii) Small communities, indian tribes, rural areas, and disadvantaged areas.-- ``(I) In general.--To make grants to States or Indian tribes under clause (ii)(III), the Administrator may use not more than $1,500,000 of the amounts made available to carry out section 104(k)(7) in each fiscal year. ``(II) Limitation.--Each grant made under subclause (I) may be not more than $20,000. ``(iv) Definitions.--In this subparagraph: ``(I) Disadvantaged area.--The term `disadvantaged area' means a community with an annual median household income that is less than 2/3 of the statewide annual median household income, as determined by the President based on the latest available decennial census. ``(II) Small community.--The term `small community' means a community with a population of not more than 10,000 individuals, as determined by the President based on the latest available decennial census.''. (b) Conforming Amendment.--Section 104(g)(1) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9604(g)(1)) is amended by inserting ``or section 128(a)(1)(B)(ii)(III)'' after ``under this section''. SEC. 12. BROWNFIELDS FUNDING. Paragraph (13) of section 104(k) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k)) (as redesignated by section 8 of this Act) is amended to read as follows: ``(13) Authorization of appropriations.--There is authorized to be appropriated to carry out this subsection $200,000,000 for each of fiscal years 2018 through 2022.''. SEC. 13. STATE RESPONSE PROGRAM FUNDING. Section 128(a)(3) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9628(a)(3)) is amended to read as follows: ``(3) Funding.--There is authorized to be appropriated to carry out this subsection $50,000,000 for each of fiscal years 2018 through 2022.''. Passed the House of Representatives November 30, 2017. Attest: KAREN L. HAAS, Clerk.

Brownfields Enhancement, Economic Redevelopment, and Reauthorization Act of 2017 (Sec. 2) This bill modifies the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) to specify if a state or local government takes title to a brownfield site as a result of law enforcement activity, that government is not an owner or operator for the purposes of CERCLA. (Brownfields are certain commercial properties that are hindered from reuse or redevelopment due to the presence of a hazardous substance, pollutant, or contaminant.) (Sec. 3) The bill modifies brownfield program eligibility with respect to petroleum sites where no viable responsible party exists. Specifically, it eliminates the requirement that sites be of relatively low risk. (Sec. 4) The bill revises leaseholder status regarding bona fide prospective purchasers. (Sec. 5) The bill expands CERCLA eligibility for nonprofit organizations and qualified community development entities. (Sec. 6) The brownfield site characterization and assessment grant program and the brownfield remediation grant and loan program are revised by authorizing eligible governmental entities to receive grants and loans for property that was acquired before January 11, 2002, even if the entities do not qualify as bona fide prospective purchasers. (Sec. 7) The bill increases the cap on the amount that may be given in grants and loans for each site to be remediated. (Sec. 8) The Environmental Protection Agency (EPA) must establish a program to provide multipurpose grants to carry out inventory, characterization, assessment, planning, or remediation activities at brownfield sites. (Sec. 9) The bill allows grant recipients to use up to 5% of funds for administrative costs. (Sec. 10) The EPA must consider the production of renewable energy on brownfield sites as part of the grant application ranking process. (Sec. 11) The EPA is allowed to provide grants to assist small communities, Indian tribes, rural areas, or disadvantaged areas for the purpose of establishing a brownfields program. (Sec. 12) The bill reauthorizes brownfields revitalization funding through FY2022. (Sec. 13) The bill reauthorizes state response programs through FY2022.

Brownfields Enhancement, Economic Redevelopment, and Reauthorization Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Iran Sanctions Enabling Act of 2007''. SEC. 2. FINDINGS. The Congress finds as follows: (1) The Convention on the Prevention and Punishment of the Crime of Genocide, completed at Paris, December 9, 1948 (commonly referred to as the ``Genocide Convention'') defines genocide as, among other things, the act of killing members of a national, ethnic, racial, or religious group with the intent to destroy, in whole or in part, the targeted group. In addition, the Genocide Convention also prohibits conspiracy to commit genocide, as well as ``direct and public incitement to commit genocide''. (2) 133 member states of the United Nations have ratified the Genocide Convention and thereby pledged to prosecute individuals who violate the Genocide Convention's prohibition on incitement to commit genocide, as well as those individuals who commit genocide directly. (3) On October 27, 2005, at the World Without Zionism Conference in Tehran, Iran, the President of Iran, Mahmoud Ahmadinejad, called for Israel to be ``wiped off the map,'' described Israel as ``a disgraceful blot [on] the face of the Islamic world,'' and declared that ``[a]nybody who recognizes Israel will burn in the fire of the Islamic nation's fury.'' President Ahmadinejad has subsequently made similar types of comments, and the Government of Iran has displayed inflammatory symbols that express similar intent. (4) On December 23, 2006, the United Nations Security Council unanimously approved Resolution 1737, which bans the supply of nuclear technology and equipment to Iran and freezes the assets of certain organizations and individuals involved in Iran's nuclear program, until Iran suspends its enrichment of uranium, as verified by the International Atomic Energy Agency. (5) Following Iran's failure to comply with Resolution 1737, on March 24, 2007, the United Nations Security Council unanimously approved Resolution 1747, to tighten sanctions on Iran, imposing a ban on arms sales and expanding the freeze on assets, in response to the country's uranium-enrichment activities. (6) There are now signs of domestic discontent within Iran, and targeted financial and economic measures could produce further political pressure within Iran. According to the Economist Intelligence Unit, the nuclear crisis ``is imposing a heavy opportunity cost on Iran's economic development, slowing down investment in the oil, gas, and petrochemical sectors, as well as in critical infrastructure projects, including electricity''. (7) Targeted financial measures represent one of the strongest non-military tools available to convince Tehran that it can no longer afford to engage in dangerous, destabilizing activities such as its nuclear weapons program and its support for terrorism. (8) Foreign persons that have invested in Iran's energy sector, despite Iran's support of international terrorism and its nuclear program, have provided additional financial means for Iran's activities in these areas, and many United States persons have unknowingly invested in those same foreign persons. (9) There is an increasing interest by States, local governments, educational institutions, and private institutions to seek to disassociate themselves from companies that directly or indirectly support the Government of Iran's efforts to achieve a nuclear weapons capability. (10) Policy makers and fund managers may find moral, prudential, or reputational reasons to divest from companies that accept the business risk of operating in countries that are subject to international economic sanctions or that have business relationships with countries, governments, or entities with which any United States company would be prohibited from dealing because of economic sanctions imposed by the United States. SEC. 3. TRANSPARENCY IN CAPITAL MARKETS. (a) List of Persons Investing in Iran Energy Sector or Selling arms to the Government of Iran.-- (1) Publication of list.--Not later than 6 months after the date of the enactment of this Act and every 6 months thereafter, the President or a designee of the President shall, using only publicly available (including proprietary) information, ensure publication in the Federal Register of a list of each person, whether within or outside of the United States, that, as of the date of the publication, has an investment of more than $20,000,000 in the energy sector in Iran, sells arms to the Government of Iran, or is a financial institution that extends $20,000,000 or more in credit to the Government of Iran for 45 days or more. To the extent practicable, the list shall include a description of the investment made by each such person, including the dollar value, intended purpose, and status of the investment, as of the date of the publication. (2) Prior notice to persons.--The President or a designee of the President shall, at least 30 days before the list is published under paragraph (1), notify each person that the President or the designee, as the case may be, intends to include on the list. (3) Delay in including persons on the list.--After notifying a person under paragraph (2), the President or a designee of the President may delay including that person on the list for up to 60 days if the President or the designee determines and certifies to the Congress that the person has taken specific and effective actions to terminate the involvement of the person in the activities that resulted in the notification under paragraph (2). (4) Removal of persons from the list.--The President or a designee of the President may remove a person from the list before the next publication of the list under paragraph (1) if the President or the designee determines that the person does not have an investment of more than $20,000,000 in the energy sector in Iran, does not sell arms to the Government of Iran, and is not a financial institution that extends $20,000,000 or more in credit to the Government of Iran for 45 days or more. (b) Publication on Website.--The President or a designee of the President shall ensure that the list is published on an appropriate government website, updating the list as necessary to take into account any person removed from the list under subsection (a)(4). (c) Definition.--In this section, the term ``investment'' has the meaning given that term in section 14(9) of the Iran Sanctions Act (50 U.S.C. 1701 App.). SEC. 4. AUTHORITY OF STATE AND LOCAL GOVERNMENTS TO DIVEST FROM CERTAIN COMPANIES INVESTED IN IRAN'S ENERGY SECTOR. (a) Statement of Policy.--It is the policy of the United States to support the decision of State governments, local governments, and educational institutions to divest from, and to prohibit the investment of assets they control in, persons that have investments of more than $20,000,000 in Iran's energy sector, persons that sell arms to the Government of Iran, and financial institutions that extend $20,000,000 or more in credit to the Government of Iran for 45 days or more. (b) Authority to Divest.-- (1) In general.--Notwithstanding any other provision of law, a State or local government may adopt and enforce measures to divest the assets of the State or local government from, or prohibit investment of the assets of the State or local government in-- (A) persons that are included on the list most recently published under section 3(a)(1), as modified under section 3(a)(4); (B) persons that sell arms to the Government of Iran; (C) financial institutions that extend $20,000,000 or more in credit to the Government of Iran for 45 days or more; and (D) persons that are included on any list of entities with investments in Iran, entities doing business in Iran, or entities doing business with the Government of Iran, which is issued pursuant to a law that-- (i) authorizes a State or local government to divest from, or prohibits a State or local government from investing assets in, the persons; and (ii) is enacted by a State or local government on or before the first publication of a list under section 3. (2) Definitions.--In this subsection: (A) Investment.--The ``investment'' of assets includes-- (i) a commitment or contribution of assets; and (ii) a loan or other extension of credit of assets. (B) Assets.--The term ``assets'' refers to public monies and includes any pension, retirement, annuity, or endowment fund, or similar instrument, that is controlled, directly or indirectly, by a State or local government. (c) Preemption.--A measure of a State or local government that is authorized by subsection (b) is not preempted by any Federal law or regulation. SEC. 5. SAFE HARBOR FOR CHANGES OF INVESTMENT POLICIES BY MUTUAL FUNDS. Section 13 of the Investment Company Act of 1940 (15 U.S.C. 80a-13) is amended by adding at the end the following new subsection: ``(c) Safe Harbor for Changes in Investment Policies.-- Notwithstanding any other provision of Federal or State law, no person may bring any civil, criminal, or administrative action against any registered investment company or person providing services to such registered investment company (including its investment adviser), or any employee, officer, or director thereof, based solely upon the investment company divesting from, or avoiding investing in, securities issued by companies that are included on the most recent list published under section 3(a)(1) of the Iran Sanctions Enabling Act of 2007, as modified under section 3(b) of that Act. For purposes of this subsection the term `person' shall include the Federal government, and any State or political subdivision of a State.''. SEC. 6. SAFE HARBOR FOR CHANGES OF INVESTMENT POLICIES BY EMPLOYEE BENEFIT PLANS. Section 502 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1132) is amended by adding at the end the following new subsection: ``(n) No person shall be treated as breaching any of the responsibilities, obligations, or duties imposed upon fiduciaries by this title, and no action may be brought under this section against any person, for divesting plan assets from, or avoiding investing plan assets in, persons that are included on the most recent list published under section 3(a)(1) of the Iran Sanctions Enabling Act, as modified under section 3(a)(4) of such Act.''. SEC. 7. RULE OF INTERPRETATION. Nothing in this Act shall be interpreted to limit the authority of any person to divest, or avoid investment in, any asset, or to adopt or enforce any measure to do so. SEC. 8. DEFINITIONS. In this Act: (1) Iran.--the term ``Iran'' includes any agency or instrumentality of Iran. (2) Energy sector.--The term ``energy sector'' refers to activities to develop petroleum or natural gas resources, or nuclear power. (3) Person.--The term ``person'' means-- (A) a natural person as well as a corporation, business association, partnership, society, trust, any other nongovernmental entity, organization, or group; (B) any governmental entity or instrumentality of a government, including a multilateral development institution (as defined in section 1701(c)(3) of the International Financial Institutions Act); and (C) any successor, subunit, or subsidiary of any entity described in subparagraph (A) or (B). (4) State.--The term ``State'' includes the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. (5) State or local government.-- (A) In general.--The term ``State or local government'' includes-- (i) any State and any agency or instrumentality thereof; (ii) any local government within a State, and any agency or instrumentality thereof; (iii) any other governmental instrumentality; and (iv) any public institution of higher education. (B) Public institution of higher education.--The term ``public institution of higher education'' means a public institution of higher education within the meaning of the Higher Education Act of 1965. SEC. 9. SUNSET. This Act shall terminate 30 days after the date on which the President has certified to Congress that-- (1) the Government of Iran has ceased providing support for acts of international terrorism and no longer satisfies the requirements for designation as a state-sponsor of terrorism for purposes of section 6(j) of the Export Administration Act of 1979, section 620A of the Foreign Assistance Act of 1961, section 40 of the Arms Export Control Act, or any other provision of law; and (2) Iran has ceased the pursuit, acquisition, and development of nuclear, biological, and chemical weapons and ballistic missiles and ballistic missile launch technology. Passed the House of Representatives July 31, 2007. Attest: LORRAINE C. MILLER, Clerk.

Iran Sanctions Enabling Act of 2007 - (Sec. 3) Directs the President to ensure biannual publication in the Federal Register of a list of each person that: (1) has an investment of more than $20 million in the energy sector in Iran; (2) sells arms to the government of Iran; or (3) is a financial institution that extends $20 million or more in credit for 45 days or more to the government of Iran. Instructs the President to use only publicly available (including proprietary) information when compiling such list. Requires the list to: (1) describe to the extent practicable the investment made by each listed person, including dollar value, intended purpose, and status as of the date of publication; and (2) be updated and published on a government website. Declares it is the policy of the United States to support the decision of state and local governments and educational institutions to divest from, and to prohibit the investment of assets they control in: (1) persons that have investments of more than $20 million in Iran's energy sector; (2) persons that sell arms to the government of Iran; and (3) financial institutions that extend $20 million or more in credit for 45 days or more to the government of Iran. Authorizes a governmental entity to adopt and enforce measures to divest its assets from, or prohibit investment of assets in a person that: (1) is included on the most recent list; (2) sells arms to the government of Iran; (3) is a financial institution that extends $20 million or more in credit for 45 days or more to the government of Iran; or (4) is included on a state or local government-authorized list of entities invested in or doing business in or with Iran. (Sec. 5) Amends the Investment Company Act of 1940 to shield any registered investment company from civil, criminal, or administrative action based solely upon its divesting from, or avoiding investing in, securities issued by companies included on such most recent list. (Sec. 6) Amends the Employee Retirement Income Security Act of 1974 (ERISA) to shield from treatment as breaching a fiduciary duty any person divesting plan assets from, or avoiding investing plan assets in, persons included on such most recent list. (Sec. 9) Terminates this Act 30 days after the President certifies to Congress that the government of Iran has ceased: (1) providing support for acts of international terrorism and no longer satisfies the requirements for designation as a state-sponsor of terrorism; and (2) the pursuit, acquisition, and development of nuclear, biological, and chemical weapons and ballistic missiles and ballistic missile launch technology.

A bill to authorize State and local governments to direct divestiture from, and prevent investment in, companies with investments of $20,000,000 or more in Iran's energy sector, companies that sell arms to the Government of Iran, and financial institutions that extend $20,000,000 or more in credit to the Government of Iran for 45 days or more, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Immediate Steps to Conserve Gasoline Act''. SEC. 2. FEDERAL CONSERVATION OF GASOLINE. (a) Findings.--Congress finds that-- (1) each day, as Americans contend with rising gasoline prices, personal stories reflect the ways in which Americans are altering their family budgets, including food budgets, to cope with record high gasoline costs; (2) as a consequence of economic pressures, Americans are taking initiatives to reduce consumption of gasoline, such as-- (A) driving less frequently; (B) altering daily routines; and (C) changing, or even cancelling, family vacation plans; (3) the conservation efforts being taken by Americans, on their own initiative, bring hardships but save funds that can be redirected-- (A) to meet essential family needs; and (B) to relieve, to some extent, the demand for gasoline; (4) just as individuals are taking initiatives to reduce gasoline consumption, the Federal Government, including Congress, should take initiatives to conserve gasoline; (5) such Government-wide initiatives to conserve gasoline would send a signal to Americans that the Federal Government-- (A) recognizes the burdens imposed by unprecedented gasoline costs; and (B) will participate in activities to reduce gasoline consumption; (6) an overall reduction of gasoline consumption by the Federal Government by even 3 percentage points would send a strong signal that, as a nation, the United States is working to conserve energy; (7) in 2005, policies directed at reducing the usage of energy in Federal agency and department buildings by 20 percent by 2015, at a rate of a 2-percent reduction per calendar year, were enacted by the President and Congress; (8) in 2007, policies increasing the energy reduction goal to 30 percent by 2015, at a rate of a 3-percent reduction per calendar year, were enacted by the President and Congress; and (9) Congress and the President should extend the precedent of those mandatory conservation initiatives taken in 2005 and 2007 to usage by the Federal Government of gasoline. (b) Reduction of Gasoline Usage by Federal Departments and Agencies.--For fiscal year 2009, each Federal department and agency shall develop and carry out initiatives to reduce by not less than 3 percent the annual consumption of gasoline by the department or agency. (c) Congressional Conservation of Gasoline.--For fiscal year 2009, Congress shall develop and carry out initiatives to reduce by not less than 3 percent the annual consumption of gasoline by Congress. SEC. 3. STUDIES AND REPORTS ON NATIONAL SPEED LIMIT AND FUTURE GASOLINE CONSERVATION. (a) National Speed Limit.-- (1) In general.--Not later than 60 days after the date of enactment of this Act, the Administrator of the Energy Information Administration shall conduct, and submit to Congress a report describing the results of, a study of the potential transportation fuel savings of imposing a national speed limit on highways on the Interstate System of 60 miles per hour. (2) Inclusions.--The study under paragraph (1) shall include-- (A) an examination of the fuel efficiency of automobiles in use as of the date on which the study is conducted; (B) a description of the range at which those automobiles are most fuel-efficient on highways on the Interstate System; (C) an analysis of actions carried out by the Federal Government, with the full support of Congress, during the 1973-1974 energy crisis, resulting in a national speed limit on highways on the Interstate System of 55 miles per hour, which remained in effect until 1995; (D) a recognition that in 1974, when fewer than 137,000,000 cars traveled in the United States (as compared to 250,000,000 cars in 2006) and only 30 percent of United States oil was imported from foreign sources (as compared to 60 percent of oil so imported on the date of enactment of this Act), 167,000 barrels of oil per day were saved by the imposition of a national speed limit, such that greater savings are possible on the date of enactment of this Act than the savings realized in 1974; and (E) a determination of whether a limitation on the national speed limit on highways on the Interstate System similar to the limitation described in subparagraph (C) could serve as a model to generate gasoline savings, through a national speed limit on highways on the Interstate System of 60 miles per hour, given the improved fuel efficiency of automobile engines in use on the date of enactment of this Act. (b) Future Gasoline Conservation.-- (1) In general.--Not later than 60 days after the date of enactment of this Act, the Comptroller General of the United States shall conduct, and submit to the Committees on Homeland Security and Governmental Affairs, Environment and Public Works, and Energy and Natural Resources of the Senate and the Committees on House Administration, Transportation and Infrastructure, and Energy and Commerce of the House of Representatives a report describing the results of, a study to determine whether additional gasoline reduction measures by Federal departments and agencies and Congress are technically feasible. (2) Inclusion.--The report under paragraph (1) shall include a proposed schedule of future gasoline reduction measures, if the measures are determined to be technically feasible.

Immediate Steps to Conserve Gasoline Act - Requires federal departments, agencies, and Congress, for FY2009, to develop and carry out initiatives to reduce their annual consumption of gasoline by at least 3%. Requires the Administrator of the Energy Information Administration to study and report to Congress on the potential transportation fuel savings of imposing a national speed limit on highways on the Interstate System of 60 miles per hour. Requires the Comptroller General of the United States to study and report to specified congressional committees on whether additional gasoline reduction measures by federal departments, agencies, and Congress are technically feasible.

A bill to require Congress and Federal departments and agencies to reduce the annual consumption of gasoline of the Federal Government.

Title IV of the Elementary and Secondary Education Act is amended by adding at the end the following: ``PART H--COMMUNITY ARTS PARTNERSHIP ``SEC. 4801. SHORT TITLE. ``This part may be cited as the `Community Arts Partnership Act of 1993'. ``SEC. 4802. FINDINGS. ``Congress finds that-- ``(1) with local school budgets cut there are inadequate arts programs available for children in schools, especially at the elementary level; ``(2) the arts promote progress in academic subjects as shown by research conducted by the National Endowment for the Arts; and ``(3) children who receive instruction in the arts remain in school longer and are more successful than children who do not receive such instruction. ``SEC. 4803. PURPOSE. ``The purpose of this part is to make demonstration grants to eligible entities to improve the educational performance and future potential of at risk-children and youth by providing comprehensive and coordinated educational and cultural services. ``SEC. 4804. GRANTS AUTHORIZED. ``(a) In General.--The Secretary is authorized to award grants to eligible entities to pay the Federal share of the costs of the activities described in section 4807. ``(b) Special Requirements.--The Secretary shall award grants under this Act only to programs designed to-- ``(1) promote educational and cultural services; ``(2) provide multi-year services to at-risk children and youth; ``(3) serve the target population described in section 4806; ``(4) provide integration of community cultural resources in the regular curriculum; ``(5) focus school and cultural resources in the community on coordinated cultural services to address the needs of at- risk children and youth; ``(6) provide effective cultural linkages from preschool programs, including the Head Start Act and part H of the Individuals with Disabilities Education Act, to elementary school; ``(7) facilitate school-to-work transition from secondary schools and alternative schools to job training, higher education, and employment; ``(8) increase parental and community involvement in the educational, social, and cultural development of at-risk youth; or ``(9) replicate programs and strategies that provide high quality coordinated educational and cultural services and that are designed to integrate such coordination into the regular curriculum. ``(c) Requirement of Coordination.--Grants may only be awarded under this part to eligible entities that agree to coordinate activities carried out under other Federal, State, and local grants, received by the members of the partnership for purposes and target populations described in this part, into an integrated service delivery system located at a school, cultural, or other community-based site accessible to and utilized by at-risk youth. ``(d) Duration.--Grants made under this part may be renewable for a maximum of 5 years if the Secretary determines that the eligible recipient has made satisfactory progress toward the achievement of the program objectives described in the application. ``(e) Geographic Distribution.--In awarding grants under this part, the Secretary shall ensure-- ``(1) an equitable geographic distribution; and ``(2) an equitable distribution to both urban and rural areas with a high proportion of at-risk youth as defined in section 4806. ``SEC. 4805. ELIGIBILITY. ``(a) Services for In-School Youth.--For the purposes of providing a grant under this part to serve in-school children and youth, the term ``eligible entity'' means a partnership between a local education agency that is eligible for funds under chapter 1 of title I of this Act, and at least 1 institution of higher education or cultural entity located within or accessible to the geographical boundaries of the local education agency with a history of providing quality services to the community, and which may include-- ``(1) nonprofit institutions of higher education, museums, and libraries; and zoological and botanical facility. ``(2) private for-profit entities with a history of training children and youth in the arts. ``(b) Services for Out-of-School Youth.--For purposes of providing a grant under this part to serve out-of-school youth, the term `eligible entity' means a partnership between at least 1 entity of the type described in paragraph (1) or (2) of subsection (a), or a local education agency eligible for funds under chapter 1 of title I of this Act and at least 1 cultural entity described in subsec- tion (a). ``SEC. 4806. TARGET POPULATION. ``In order to receive a grant under this part, an eligible entity shall serve-- ``(1) students enrolled in schools in participating schoolwide projects assisted under chapter 1 of title I of this Act and the families of such students; or ``(2) out-of-school youth at risk of having limited future options as a result of teenage pregnancy and parenting, substance abuse, recent migration, disability, limited English proficiency, family migration, illiteracy, being the child of a teen parent, living in a single parent household, or being a high school dropout; or ``(3) any combination of in school and out-of-school at- risk youth. ``SEC. 4807. AUTHORIZED ACTIVITIES. ``(a) In General.--Funds made under this part may be used-- ``(1) to plan, develop, acquire, expand, and improve school-based or community-based coordinated educational and cultural programs to strengthen the educational performance and future potential of in-school and out-of-school at-risk youth through cooperative agreements, contracts for services, or administrative coordination; ``(2) to provide at-risk students with integrated cultural activities designed to develop a love of learning to ensure the smooth transition of preschool children to elementary school; ``(3) to design collaborative cultural activities for students in secondary or alternative schools that ensure the smooth transition to job training, higher education, or full employment; ``(4) to provide child care for children of at-risk students who would not otherwise be able to participate in the program; ``(5) to provide transportation necessary for participation in the program; ``(6) to develop curriculum materials in the arts; ``(7) for staff development activities that encourage the integration of the arts into the curriculum; ``(8) for stipends that allow local artists to work with at-risk children and youth in the schools; ``(9) for cultural programs that encourage the active participation of parents in their children's education; ``(10) for programs that use the arts to reform current school practices, including lengthening the school day or academic year; ``(11) for appropriate equipment and necessary supplies; and ``(12) for evaluation, administration, and supervision. ``(b) Priority.--In providing assistance under this part, the Secretary shall give priority to eligible entities that provide comprehensive services that extend beyond traditional school or service hours, that may include year round programs that provide services in the evenings and on weekends. ``(c) Planning Grants.-- ``(1) Application.--An eligible entity may submit an application to the Secretary for a planning grants for an amount not to exceed $50,000. Such grants shall be for periods of not more than 1 year. ``(2) Limit on planning grants.--Not more than 10 percent of the amounts appropriated in each fiscal year under this part shall be used for grants under this subsection, and an eligible entity may receive not more than 1 such planning grant. ``SEC. 4808. GENERAL PROVISIONS. ``(a) In General.--Each eligible entity desiring a grant under this part shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may reasonably require. ``(b) Contents.--Each application submitted pursuant to subsection (a) shall-- ``(1) describe the cultural entity or entities that will participate in the partnership; ``(2) describe the target population to be served; ``(3) describe the services to be provided; ``(4) describe a plan for evaluating the success of the program; ``(5) describe, for a local educational agency participant, how services will be perpetuated beyond the length of the grant; ``(6) describe the manner in which the eligible entity will improve the educational achievement or future potential of at- risk youth through more effective coordination of cultural services in the community; ``(7) describe the overall and operational goals of the program; and ``(8) describe the nature and location of all planned sites where services will be delivered and a description of services which will be provided at each site. ``SEC. 4809. PAYMENTS; FEDERAL SHARE. ``(a) Payments.--The Secretary shall pay to each eligible entity having an application approved under section 4808 the Federal share of the cost of the activities described in the application. ``(b) Amount of Grants.--The amount of a grant made under this part may not be less than $100,000 or exceed $500,000 in the first year of such grant. ``(c) Federal Share.--The Federal share shall be 80 percent. ``(d) Non-Federal Share.--The non-Federal share shall be equal to 20 percent and may be in cash or in kind, fairly evaluated, including facilities or services. ``(e) Limitation.--Not more than 25 percent of any grant under this part may be used for noninstructional services such as those described in paragraphs 4, 5, and 12 of section 4807(a). ``(f) Supplement and Not Supplant.--Grant funds awarded under this part shall be used to supplement not supplant the amount of funds made available from non-Federal sources, for the activities assisted under this part, in amounts that exceed the amounts expended for such activities in the year preceding the year for which the grant is awarded. ``(g) Dissemination of Models.--The Secretary shall disseminate information concerning successful models under this part through the National Diffusion Network. ``SEC. 4810. AUTHORIZATION OF FUNDS. ``There are authorized to be appropriated to carry out this part, $50,000,000 for fiscal year 1994, $75,000,000 for fiscal year 1995, and such sums as may be necessary for each of the fiscal years 1996 through 1998.''.

Community Arts Partnership Act of 1993 - Amends the Elementary and Secondary Education Act of 1965 to establish a Community Arts Partnership program. Authorizes the Secretary of Education to make grants to eligible entities to provide comprehensive and coordinated educational and cultural services to at-risk children and youth. Authorizes appropriations.

Community Arts Partnership Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Abandoned Mine Lands Reclamation Reform Act of 2001''. SEC. 2. AMENDMENTS TO SURFACE MINING ACT. (a) Section 401 of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1231) is amended as follows: (1) In subsection (c) strike paragraphs (2) and (6) and renumber the paragraphs accordingly. (2) In subsection (e), insert before the period in the third sentence the following: ``for the purpose of the transfer provided by section 402(h).''. (b) Section 402 of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1232) is amended as follows: (1) In subsection (b) by striking ``2004'' and inserting ``2011''. (2) In subsection (g)(1)(D) strike ``(2), (3), (4), or''. (3) Subsection (g)(2) is amended to read as follows: ``(2) In making the grants referred to in paragraph (1)(C) and the grants referred to in paragraph (5), the Secretary shall insure strict compliance by the States and Indian tribes with the priorities set forth in section 403(a) until a certification is made under section 411(a).''. (4) In subsection (g)(3)-- (A) strike ``paragraphs (2) and'' and insert ``paragraph''; and (B) strike ``11'' and insert ``9''. (5) Subsection (g)(4) is amended to read as follows: ``(4)(A) Amounts available in the fund to the Secretary for the purposes set forth under paragraph (3)(C) or to a State or an Indian tribe under paragraphs (1) and (5) are authorized to be expended for the reclamation or drainage abatement of lands and waters which were mined for coal or which were affected by such mining, wastebanks, coal processing or other coal mining processes and left in an inadequate reclamation status if the surface coal mining operation occurred during the period beginning on August 4, 1977, and ending on or before the date on which the Secretary approved a State program pursuant to section 503 for a State in which the site is located, and that any funds for reclamation or abatement which are available pursuant to a bond or other form of financial guarantee or from any other source are not sufficient to provide for adequate reclamation or abatement at the site. ``(B) In determining which sites to reclaim pursuant to this paragraph, the Secretary, a State or Indian tribe, as the case may be, shall follow the priorities set forth under section 403(a). The Secretary, the State or Indian tribe, as the case may be, shall ensure that priority is given to those sites which are in the immediate vicinity of a residential area or which have an adverse economic impact upon a local community.''. (6) In subsection (g)(5)-- (A) strike ``40'' and insert ``60''; and (B) strike ``Funds allocated or expended by the Secretary under paragraphs (2), (3), or (4),'' and insert ``Funds made available under paragraph (3) or (4)''. (7) Subsection (g)(6) is amended to read as follows: ``(6)(A) Any State with an approved abandoned mine reclamation program pursuant to section 405 may retain, with regard to the 3-year limitation referred to in paragraph (1)(D), up to 10 percent of the total of the grants made annually to such State under paragraphs (1) and (5) if such amounts are deposited into an acid mine drainage abatement and treatment fund established under State law, from which amounts (together with all interest earned on such amounts) are expended by the State for the abatement of the causes and the treatment of the effects of acid mine drainage in a comprehensive manner within qualified hydrologic units affected by coal mining practices. ``(B) For the purposes of this paragraph, the term `qualified hydrologic unit' means a hydrologic unit-- ``(i) in which the water quality has been significantly affected by acid mine drainage from coal mining practices in a manner which adversely impacts biological resources; and ``(ii) which contains lands and waters which are-- ``(I) eligible pursuant to section 404 and include any of the priorities set forth in section 403(a), or notwithstanding the certification referred to in section 411(a), the priority set forth in section 411(c)(1); and ``(II) the subject of expenditures by the State from the forfeiture of bonds required under section 509 or from other States sources to abate and treat acid mine drainage.''. (8) Subsection (g)(7) is amended to read as follows: ``(7) In complying with the priorities set forth in section 403(a), any State or Indian tribe may use amounts available in grants made annually to such State or tribe under paragraphs (1) and (5) for the reclamation of eligible lands and waters set forth in section 411(c)(1), notwithstanding the certification referred to in section 411(a), only if the expenditure of funds for such reclamation is done in conjunction with the expenditure of funds to address the priorities set forth in section 403(a), or in association with a surface coal mining operation on lands eligible for remining under this Act.''. (9) In subsection (g)(8) insert ``or for the reclamation of eligible lands and waters set forth in section 411(c)(1)'' after ``section 403(a)''. (10) In subsection (h)(2)-- (A) strike ``sum of--'' and all that follows through ``$70,000,000'' and insert ``sum of the amount of interest which the Secretary estimates will be earned and paid to the fund during the fiscal year with such amount used, notwithstanding any other provision of law, to pay the amount of any deficit in net assets in the Combined Fund''; and (B) strike subparagraphs (A) and (B). (11) Strike paragraphs (3) and (4) of subsection (h). (c) Section 403 of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1233(a)) is amended as follows: (1) In subsection (a)-- (A) In paragraph (1) strike ``general welfare,'' and insert ``and'' after the semicolon. (B) In paragraph (2) strike ``health, safety, and general welfare'' and insert ``health and safety'' and insert a period in lieu of the semicolon at the end. (C) Strike paragraphs (3), (4) and (5). (2) In subsection (b)-- (A) Strike ``UTILITIES AND OTHER FACILITIES'' and insert ``WATER SUPPLY RESTORATION''. (B) Strike ``(B)'' each place it appears in paragraph (2). (3) In subsection (c) insert ``, subject to the approval of the Secretary,'' after ``amendments''. (d) Section 404 of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1234) is amended by striking ``section 403(b)(1)'' and inserting ``section 403(b)''. (e) Section 406(i) of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1236(i)) is amended to read as follows: ``(i) There is authorized to be appropriated to the Secretary of Agriculture such sums as may be necessary from amounts other than those made available under this title to carry out provisions of this section.''. (f) Section 408(a) of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1238) is amended by striking ``who owned the surface prior to May 2, 1977, and''. (g) Section 409 of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1239) is amended as follows: (1) In subsection (a) strike ``at the request of the Governor of any State, or the governing body of an Indian tribe'' and insert ``a State or Indian tribe, as the case may be''. (2) In subsection (b) strike ``paragraphs (1) and (5) of section 402(g)'' and insert ``section 402(g)(1)''. (3) Subsection (c) is amended to read as follows: ``(c)(1) In the case of a State or Indian tribe, expenditures to carry out the purposes of this section may only be made after making a request to, and receiving approval from, the Secretary. Only those reclamation projects which meet the priorities set forth in section 403(a)(1) for lands and waters referenced under section 404 shall be eligible under this section, except that for the purposes of this section the references to coal in section 403(a)(1) and section 404 shall not apply. ``(2) No expenditures shall be made under this section in those States and tribes certified under section 411(a) except in those States and tribes which have not completed the reclamation of eligible lands and waters set forth in section 411(c)(1).''. (h) Section 411 of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1240a) is amended to read as follows: ``SEC. 411. CERTIFICATION. ``(a) Certification of Completion of High Priority Coal Reclamation Projects.--(1) Pursuant to the procedures set forth in this subsection, the Governor of a State or the head of a governing body of an Indian tribe with an approved abandoned mine reclamation project under section 405, the Secretary, or the person referred to in paragraph (4) may seek to certify the completion of all reclamation projects relating to the priorities set forth in section 403(a) for eligible lands and water pursuant to section 404 in such State or tribe. ``(2) In the case of a Governor of a State or the head of a governing body of an Indian tribe referred to in paragraph (1), the certification shall be made to the Secretary who, after notice in the Federal Register and opportunity for public comment, shall concur with such certification if the Secretary determines that such certification is correct. ``(3) The Secretary may, on his or her own volition, cause the certification referred to in paragraph (1) to be made in any State or tribe referred to in such paragraph if on the basis of the inventory referred to in section 403(c) all reclamation projects relating to the priorities set forth in section 403(a) for eligible lands and water pursuant to section 404 in such State or tribe have been completed. The Secretary shall only make such certification after notice in the Federal Register and opportunity for public comment. ``(4) Any person who resides in a State or tribe referred to in paragraph (1) may petition the Secretary to make the certification referred to in paragraph (1). In filing such a petition, such person shall at a minimum provide evidence that all reclamation projects relating to the priorities set forth in section 403(a) for eligible lands and waters pursuant to section 404 have been completed. Upon receipt of a petition under this paragraph, the Secretary shall publish a notice in the Federal Register describing the nature of the petition and if, after notice and opportunity for public comment, the Secretary determines there is sufficient reason to make the certification referred to in paragraph (1) the Secretary shall make such certification. ``(b) Eligible Lands, Waters, and Facilities.--After a certification has been made under subsection (a), for the purposes of determining the eligibility of lands and waters for annual grants under section 402(g)(1), eligible lands and waters shall be-- ``(1) those eligible under section 404 but not otherwise eligible under the priorities set forth in section 403(a); and ``(2) upon the completion of all projects eligible under paragraph (1), notwithstanding section 404, eligible lands and waters which were mined or processed for minerals or which were affected by such mining or processing, and abandoned or left in an inadequate reclamation status prior to August 3, 1977, and for which there is no continuing reclamation responsibility under State or other Federal laws, except that in determining the eligibility under this paragraph of lands and waters under the administrative jurisdiction of the Forest Service or Bureau of Land Management, in lieu of August 3, 1977, the applicable date shall be August 28, 1974, and November 26, 1980, respectively.''. ``(c) Priorities.--Expenditures of moneys for lands and waters referred to in subsection (b) shall reflect the following objectives and priorities in the order stated-- ``(1) For the purpose of subsection (b)(1), the restoration of land and water resources and the environment previously degraded by adverse effects of coal mining practices. ``(2) For the purpose of subsection (b)(2)-- ``(A) the protection of public health, safety, and property from extreme danger of adverse effects of mineral mining and processing practices; ``(B) the protection of public health and safety from adverse effects of mineral mining and processing practices; and ``(C) the restoration of land and water resources and the environment previously degraded by the adverse effects of mineral mining and processing practices. ``(d) Specific Sites and Areas Not Eligible.--Sites and areas designated for remedial action pursuant to the Uranium Mill Tailings Radiation Control Act of 1978 (42 U.S.C. 7901 and following) or which have been listed for remedial action pursuant to the Comprehensive Environmental Response Compensation and Liability Act of 1980 (42 U.S.C. 9601 and following) shall not be eligible for expenditures from the Fund under this section. ``(e) Water Supply Restoration.--Reclamation projects involving the protection, repair, replacement, construction, or enhancement of facilities relating to water supply, including water distribution facilities and treatment plants, to replace water supplies adversely affected by past mineral mining and processing practices, may be undertaken as they relate to eligible lands and waters under subsection (b)(2). ``(f) Public Facilities.--Notwithstanding subsections (c) and (e), where the Governor of a State or the head of a governing body of an Indian tribe certified under subsection (a) determines there is a need for the: (1) construction of public facilities related to the coal or minerals industry in States or tribe impacted by coal or minerals development, or (2) the protection, repair, replacement, construction, or enhancement of public facilities such as recreation and conservation facilities adversely affected by past coal or minerals mining and processing practices, and the Secretary concurs with such need, then the State or tribe, as the case may be, may use annual grants made available under section 402(g)(1) to carry out such activities or construction. ``(g) Application of Other Provisions.--All provisions of this title shall apply to this section, as they may be applicable, except that for purposes of subsection (b)(2), subsection (c) and subsection (e) the references to `coal' in this title shall be deemed to be references to `minerals' or `mineral'.''. (i) Section 413 of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1242) is amended by striking subsection (d) and redesignating subsection (e) as subsection (d). SEC. 3. PROVISIONS RELATING TO THE IMPLEMENTATION OF THIS ACT. (a) Reallocations.--(1) Amounts allocated under section 401(g)(2) of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1232(g)(2)) (excluding interest) but not appropriated prior to the date of enactment of this Act for the program set forth under section 406 shall be available for the purpose described in section 402(g)(5) of such Act. (2) Notwithstanding any other provision of law, interest credited to the fund established by section 401 of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1231) not transferred to the Combined Fund identified in section 402(h)(2) of such Act prior to the date of enactment of this Act shall be transferred to such Combined Fund within 30 days after the enactment of this Act for the purpose set forth in section 402(h)(2) of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1232(h)(2)) as amended by this Act. (b) Inventory.--(1) Within one year after the date of enactment of this Act, the Secretary shall complete a review of all amendments made by States and Indians tribes since December 31, 1998, to the inventory referred to in section 403(c) of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1233(c)) to insure that such additions reflect eligible lands and waters pursuant to section 404 of such Act meeting the priorities set forth in section 403(a) of such Act, and are correctly identified pursuant to such priorities. In conducting such review, any projects found to be included in the inventory pursuant to the general welfare standard set forth in section 403(a) of such Act prior to the date of enactment of this Act shall be deemed as no longer being eligible under section 403(a) of such Act as amended by this Act and may only be carried out under section 411(c)(1) of such Act. (2) The Inspector General of the Department of the Interior shall evaluate the review undertaken by the Secretary under paragraph (1), and together with the Secretary, report the results of the review to the Committee on Energy and Natural Resources of the United States Senate and the Committee on Resources of the United States House of Representatives within 60 days after the completion of the review. (3) On an annual basis, the Inspector General of the Department of the Interior shall review any amendments made to the inventory referred to in section 403(c) of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1233(c)) to insure such amendments meet the priorities set forth in section 403(a) of such Act. (c) Savings Clause.--Nothing in this Act shall be deemed as superseding, amending, modifying or repealing any certification made pursuant to section 411 of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1240a) prior to the date of enactment of this Act.

Abandoned Mine Lands Reclamation Reform Act of 2001 - Amends the Surface Mining Control and Reclamation Act of 1977 to repeal authorization for the use of moneys in the Abandoned Mine Reclamation Fund ( Fund) earmarked for: (1) the Secretary of Agriculture for rural land reclamation; and (2) studies, research, and demonstration projects by the Department of the Interior.Designates for transfer to the United Mine Workers of America Combined Benefit Fund the interest earned on unexpended Fund amounts.Extends the sunset date for the current rate of reclamation fees from 2004 to 2011.Revises requirements governing: (1) allocation of reclamation fees for certain reclamation purposes; and (2) the transfer of liquidated sums to the United Mine Workers of America Combined Benefit Fund.Repeals priorities for the expenditure of funds for the general welfare and for: (1) restoration of land and water resources and environment previously degraded by the adverse effects of coal mining practices; (2) protection, repair, construction, or enhancement of utilities, roads, and recreation and conservation facilities adversely affected by such practices; and (3) development for recreation, conservation, reclamation, and open space purposes of publicly owned land also adversely affected by such practices.Removes the proscription against the filing of reclamation fee liens against certain property owners who owned the surface prior to May 2, 1977.Authorizes a State or Indian tribe, subject to certain expenditure limitations, to fill voids and seal tunnels resulting from mining operations.Revises requirements pertaining to: (1) certification of completion of high priority coal reclamation projects; and (2) lands, waters, and public facilities eligible for annual grants (including certain water supply restoration and public facilities).

To foster the reclamation of abandoned coal mine sites in order to protect public health and safety, and for other purposes.

SECTION 1. EXTENSION AND MODIFICATION OF RENEWABLE ENERGY PRODUCTION TAX CREDIT. (a) Extension of Credit.--Each of the following provisions of section 45(d) of the Internal Revenue Code of 1986 (relating to qualified facilities) is amended by striking ``January 1, 2009'' and inserting ``January 1, 2019'': (1) Paragraph (1). (2) Clauses (i) and (ii) of paragraph (2)(A). (3) Clauses (i)(I) and (ii) of paragraph (3)(A). (4) Paragraph (4). (5) Paragraph (5). (6) Paragraph (6). (7) Paragraph (7). (8) Paragraph (8). (9) Subparagraphs (A) and (B) of paragraph (9). (b) Production Credit for Electricity Produced From Marine Renewables.-- (1) In general.--Paragraph (1) of section 45(c) of such Code (relating to resources) is amended by striking ``and'' at the end of subparagraph (G), by striking the period at the end of subparagraph (H) and inserting ``, and'', and by adding at the end the following new subparagraph: ``(I) marine and hydrokinetic renewable energy.''. (2) Marine renewables.--Subsection (c) of section 45 of such Code is amended by adding at the end the following new paragraph: ``(10) Marine and hydrokinetic renewable energy.-- ``(A) In general.--The term `marine and hydrokinetic renewable energy' means energy derived from-- ``(i) waves, tides, and currents in oceans, estuaries, and tidal areas, ``(ii) free flowing water in rivers, lakes, and streams, ``(iii) free flowing water in an irrigation system, canal, or other man-made channel, including projects that utilize nonmechanical structures to accelerate the flow of water for electric power production purposes, or ``(iv) differentials in ocean temperature (ocean thermal energy conversion). ``(B) Exceptions.--Such term shall not include any energy which is derived from any source which utilizes a dam, diversionary structure (except as provided in subparagraph (A)(iii)), or impoundment for electric power production purposes.''. (3) Definition of facility.--Subsection (d) of section 45 of such Code is amended by adding at the end the following new paragraph: ``(11) Marine and hydrokinetic renewable energy facilities.--In the case of a facility producing electricity from marine and hydrokinetic renewable energy, the term `qualified facility' means any facility owned by the taxpayer-- ``(A) which has a nameplate capacity rating of at least 150 kilowatts, and ``(B) which is originally placed in service on or after the date of the enactment of this paragraph and before January 1, 2010.''. (4) Credit rate.--Subparagraph (A) of section 45(b)(4) of such Code is amended by striking ``or (9)'' and inserting ``(9), or (11)''. (5) Coordination with small irrigation power.--Paragraph (5) of section 45(d) of such Code, as amended by subsection (a), is amended by striking ``January 1, 2019'' and inserting ``the date of the enactment of paragraph (11)''. (c) Sales of Electricity to Regulated Public Utilities Treated as Sales to Unrelated Persons.--Section 45(e)(4) of such Code (relating to related persons) is amended by adding at the end the following new sentence: ``A taxpayer shall be treated as selling electricity to an unrelated person if such electricity is sold to a regulated public utility (as defined in section 7701(a)(33).''. (d) Trash Facility Clarification.--Paragraph (7) of section 45(d) of such Code is amended-- (1) by striking ``facility which burns'' and inserting ``facility (other than a facility described in paragraph (6)) which uses'', and (2) by striking ``combustion''. (e) Effective Dates.-- (1) Extension.--The amendments made by subsection (a) shall apply to property originally placed in service after December 31, 2008. (2) Modifications.--The amendments made by subsections (b) and (c) shall apply to electricity produced and sold after the date of the enactment of this Act, in taxable years ending after such date. (3) Trash facility clarification.--The amendments made by subsection (d) shall apply to electricity produced and sold before, on, or after December 31, 2007. SEC. 2. EXTENSION AND MODIFICATION OF SOLAR ENERGY AND FUEL CELL INVESTMENT TAX CREDIT. (a) Extension of Credit.-- (1) Solar energy property.--Paragraphs (2)(A)(i)(II) and (3)(A)(ii) of section 48(a) of the Internal Revenue Code of 1986 (relating to energy credit) are each amended by striking ``January 1, 2009'' and inserting ``January 1, 2019''. (2) Fuel cell property.--Subparagraph (E) of section 48(c)(1) of such Code (relating to qualified fuel cell property) is amended by striking ``December 31, 2008'' and inserting ``December 31, 2018''. (3) Qualified microturbine property.--Subparagraph (E) of section 48(c)(2) of such Code (relating to qualified microturbine property) is amended by striking ``December 31, 2008'' and inserting ``December 31, 2018''. (b) Allowance of Energy Credit Against Alternative Minimum Tax.-- Subparagraph (B) of section 38(c)(4) of such Code (relating to specified credits) is amended by striking ``and'' at the end of clause (iii), by striking the period at the end of clause (iv) and inserting ``, and'', and by adding at the end the following new clause: ``(v) the credit determined under section 46 to the extent that such credit is attributable to the energy credit determined under section 48.''. (c) Repeal of Dollar Per Kilowatt Limitation for Fuel Cell Property.-- (1) In general.--Section 48(c)(1) of such Code (relating to qualified fuel cell), as amended by subsection (a)(2), is amended by striking subparagraph (B) and by redesignating subparagraphs (C), (D), and (E) as subparagraphs (B), (C), and (D), respectively. (2) Conforming amendment.--Section 48(a)(1) of such Code is amended by striking ``paragraphs (1)(B) and (2)(B) of subsection (c)'' and inserting ``subsection (c)(2)(B)''. (d) Public Electric Utility Property Taken Into Account.-- (1) In general.--Paragraph (3) of section 48(a) of such Code is amended by striking the second sentence thereof. (2) Conforming amendments.-- (A) Paragraph (1) of section 48(c) of such Code, as amended by this section, is amended by striking subparagraph (C) and redesignating subparagraph (D) as subparagraph (C). (B) Paragraph (2) of section 48(c) of such Code, as amended by subsection (a)(3), is amended by striking subparagraph (D) and redesignating subparagraph (E) as subparagraph (D). (e) Effective Dates.-- (1) Extension.--The amendments made by subsection (a) shall take effect on the date of the enactment of this Act. (2) Allowance against alternative minimum tax.--The amendments made by subsection (b) shall apply to credits determined under section 46 of the Internal Revenue Code of 1986 in taxable years beginning after the date of the enactment of this Act and to carrybacks of such credits. (3) Fuel cell property and public electric utility property.--The amendments made by subsections (c) and (d) shall apply to periods after the date of the enactment of this Act, in taxable years ending after such date, under rules similar to the rules of section 48(m) of the Internal Revenue Code of 1986 (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990). SEC. 3. EXTENSION AND MODIFICATION OF RESIDENTIAL ENERGY EFFICIENT PROPERTY CREDIT. (a) Extension.--Subsection (g) of section 25D of the Internal Revenue Code of 1986 (relating to termination) is amended by striking ``December 31, 2008'' and inserting ``December 31, 2018''. (b) No Dollar Limitation for Credit for Solar Electric Property.-- (1) In general.--Section 25D(b)(1) of such Code (relating to maximum credit) is amended by striking subparagraph (A) and by redesignating subparagraphs (B) and (C) as subparagraphs (A) and (B), respectively. (2) Conforming amendments.--Section 25D(e)(4) of such Code is amended-- (A) by striking clause (i) in subparagraph (A), (B) by redesignating clauses (ii) and (iii) in subparagraph (A) as clauses (i) and (ii), respectively, and (C) by striking ``, (2),'' in subparagraph (C). (c) Credit Allowed Against Alternative Minimum Tax.-- (1) In general.--Subsection (c) of section 25D of such Code is amended to read as follows: ``(c) Limitation Based on Amount of Tax; Carryforward of Unused Credit.-- ``(1) Limitation based on amount of tax.--In the case of a taxable year to which section 26(a)(2) does not apply, the credit allowed under subsection (a) for the taxable year shall not exceed the excess of-- ``(A) the sum of the regular tax liability (as defined in section 26(b)) plus the tax imposed by section 55, over ``(B) the sum of the credits allowable under this subpart (other than this section) and section 27 for the taxable year. ``(2) Carryforward of unused credit.-- ``(A) Rule for years in which all personal credits allowed against regular and alternative minimum tax.-- In the case of a taxable year to which section 26(a)(2) applies, if the credit allowable under subsection (a) exceeds the limitation imposed by section 26(a)(2) for such taxable year reduced by the sum of the credits allowable under this subpart (other than this section), such excess shall be carried to the succeeding taxable year and added to the credit allowable under subsection (a) for such succeeding taxable year. ``(B) Rule for other years.--In the case of a taxable year to which section 26(a)(2) does not apply, if the credit allowable under subsection (a) exceeds the limitation imposed by paragraph (1) for such taxable year, such excess shall be carried to the succeeding taxable year and added to the credit allowable under subsection (a) for such succeeding taxable year.''. (2) Conforming amendments.-- (A) Section 23(b)(4)(B) of such Code is amended by inserting ``and section 25D'' after ``this section''. (B) Section 24(b)(3)(B) of such Code is amended by striking ``and 25B'' and inserting ``, 25B, and 25D''. (C) Section 25B(g)(2) of such Code is amended by striking ``section 23'' and inserting ``sections 23 and 25D''. (D) Section 26(a)(1) of such Code is amended by striking ``and 25B'' and inserting ``25B, and 25D''. (d) Effective Date.-- (1) In general.--The amendments made by this section shall apply to taxable years beginning after December 31, 2007. (2) Application of egtrra sunset.--The amendments made by subparagraphs (A) and (B) of subsection (c)(2) shall be subject to title IX of the Economic Growth and Tax Relief Reconciliation Act of 2001 in the same manner as the provisions of such Act to which such amendments relate.

Amends the Internal Revenue Code to: (1) extend through 2018 the tax credit for producing electricity from certain renewable resources, including wind, biomass, geothermal energy, landfill gas, refined coal, and hydropower; (2) include marine and hydrokinetic renewable energy as a renewable resource for purposes of such tax credit; (3) extend through 2018 the energy tax credit for solar, fuel cell, and microturbine property; (4) repeal the dollar per kilowatt limitation for fuel cell property for purposes of the energy tax credit; (5) extend the energy tax credit to public electric utilities; and (6) expand and extend through 2018 the tax credit for residential energy efficient property.

To amend the Internal Revenue Code of 1986 to modify and extend certain energy-related tax credits.

of Disapproval.-- (1) No referral.--A joint resolution shall not be referred to a committee in either House of Congress and shall immediately be placed on the calendar. (2) Motion to proceed.--A motion to proceed to a joint resolution is highly privileged in the House of Representatives and is privileged in the Senate and is not debatable. The motion is not subject to a motion to postpone and all points of order against the motion are waived. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of a joint resolution is agreed to, the joint resolution shall remain the unfinished business of the respective House until disposed of. (3) Expedited consideration in house of representatives.-- In the House of Representatives, a joint resolution shall be considered as read. All points of order against a joint resolution and against its consideration are waived. The previous question shall be considered as ordered on the joint resolution to its passage without intervening motion except 2 hours of debate equally divided and controlled by the proponent and an opponent. A motion to reconsider the vote on passage of the joint resolution shall not be in order. (4) Expedited procedure in senate.-- (A) Consideration.--In the Senate, consideration of a joint resolution, and on all debatable motions and appeals in connection therewith, shall be limited to not more than 10 hours, which shall be divided equally between the majority and minority leaders or their designees. A motion further to limit debate is in order and not debatable. An amendment to, or a motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the joint resolution is not in order. (B) Vote on passage.--If the Senate has proceeded to a joint resolution, the vote on passage of the joint resolution shall occur immediately following the conclusion of consideration of the joint resolution, and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the Senate. (C) Rulings of the chair on procedure.--Appeals from the decisions of the Chair relating to the application of the rules of the Senate to the procedure relating to a joint resolution shall be decided without debate. (5) Amendment not in order.--A joint resolution considered under this subsection shall not be subject to amendment in either the House of Representatives or the Senate. (6) Coordination with action by other house.--If, before passing a joint resolution, one House receives from the other House a joint resolution-- (A) the joint resolution of the other House shall not be referred to a committee; and (B) the procedure in the receiving House shall be the same as if no joint resolution had been received from the other House, except that the vote on final passage shall be on the joint resolution of the other House. (7) Period.--Subject to subsection (d)(1), Congress may not consider a joint resolution under this subsection after the date that is 7 calendar days after May 15, 2013. (8) Rules of house of representatives and senate.--This subsection is enacted by Congress-- (A) as an exercise of the rulemaking power of the Senate and House of Representatives, respectively, and as such it is deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of a joint resolution, and it supersedes other rules only to the extent that it is inconsistent with such rules; and (B) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House. (d) Consideration After Passage.-- (1) Computation of days.--If Congress passes a joint resolution, the period beginning on the date the President is presented with the joint resolution and ending on the date the President signs, allows to become law without his signature, or vetoes and returns the joint resolution (but excluding days when either House is not in session) shall be disregarded in computing the calendar day period described in subsection (c)(7). (2) Veto override.--Debate on a veto message in the House of Representatives and the Senate relating to a joint resolution shall be 1 hour equally divided between the majority and minority leaders or their designees. (e) Disapproval.--If a joint resolution is enacted under this section-- (1) the President may not carrying out the proposed cancellation of budgetary resources in the qualifying sequester replacement plan submitted under subsection (b); and (2) sequestration shall continue in accordance with the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 900 et seq.). (f) Failure to Enact Disapproval.--Effective on the day after the end of the calendar day period under subsection (c)(7) (as determined in accordance with subsection (d)(1)), if the President has submitted a qualifying sequester replacement plan in accordance with subsection (b) and a joint resolution of disapproval has not been enacted under this section, the President shall-- (1) cancel any sequestration order issued under section 251A of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901a); and (2) cancel budgetary resources in accordance with the qualifying sequester replacement plan submitted under subsection (b).

Requires the President, by May 15, 2013, to submit to Congress a qualifying sequester replacement plan proposing to cancel permanently at least $85.333 billion of budgetary resources available for FY2013 from any discretionary appropriations or direct spending account. Requires further that: up to $42.666.500 billion of budgetary resources be cancelled from defense spending (budget function 050); any cancellation of such budgetary resources comply with the policies under and consistent with amounts authorized in the National Defense Authorization Act for Fiscal Year 2013 (NDAA FY2013); the cancellation is not implemented through changes to programs or activities contained in the Internal Revenue Code, or increases governmental receipts, offsetting collections, or offsetting receipts; any cancellation of budgetary resources in a non-defense spending account may not be offset against an increase in another such account; and the proposed cancellation reduces outlays by at least $82.500 billion by the end of FY2018. Sets forth requirements for expedited consideration of a joint resolution of disapproval in both chambers of the qualifying sequester replacement plan. Requires the President, if the joint resolution of disapproval is not enacted within seven calendar days after May 15, 2013, to cancel: (1) any sequestration order issued under the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) for enforcement of a specified budget goal, and (2) the budgetary resources submitted in the qualifying sequester replacement plan.

A bill to provide for a sequester replacement.

SECTION. 1. INFORMATION OBTAINED BY THE COMMISSIONER OF SOCIAL SECURITY REGARDING DISABILITY DETERMINATIONS TO BE TRANSFERRED TO SECRETARY OF VETERANS AFFAIRS. (a) Transfer of Information Relating to Eligibility for Supplemental Security Income.--Section 1631(f) of the Social Security Act (42 U.S.C. 1383(f)) is amended-- (1) in the heading, by striking ``Furnishing of Information by Other Agencies'' and inserting ``Information Sharing Between Federal Agencies''; (2) by inserting ``(1) ''after ``(f)''; and (3) by adding at the end the following: ``(2) In a case in which the Commissioner determines the eligibility for supplemental security income of an individual who is a veteran (as defined in section 101 of title 38, United States Code), the Commissioner shall, subject to the consent the veteran, provide to the Secretary of Veterans Affairs medical information regarding the veteran which the Commissioner obtained when determining such eligibility and which may be relevant to determination of eligibility of the veteran for benefits under laws administered by the Secretary. Such information may include the Commissioner's determination of the veteran's eligibility for supplemental security income and the basis for that determination. The types of information to be provided shall be specified in an agreement to be entered into between the Commissioner and the Secretary.''. (b) Transfer of Information.--Section 221 of the Social Security Act (42 U.S.C. 422) is amended by adding at the end the following: ``(m) In a case in which the Commissioner has determined the eligibility for disability insurance benefit payments of an individual who is a veteran (as defined in section 101 of title 38, United States Code), the Commissioner shall, subject to the consent of the veteran, provide to the Secretary of Veterans Affairs medical information regarding the veteran which the Commissioner obtained when determining such eligibility and which may be relevant to determination of eligibility of the veteran for benefits under laws administered by the Secretary. Such information may include the Commissioner's determination of the veteran's eligibility for such payments and the basis for that determination. The types of information to be provided shall be specified in an agreement to be entered into between the Commissioner and the Secretary.''. SEC. 2. SOCIAL SECURITY ADMINISTRATION DISABILITY INFORMATION OBTAINED BY THE DEPARTMENT OF VETERANS AFFAIRS. (a) Requirement To Obtain Information.--Section 5106 of title 38, United States Code, is amended-- (1) by inserting ``(a)'' before ``The head of any''; and (2) by adding at the end the following: ``(b) In a case in which the Secretary has received from a veteran an application for a disability benefit under laws administered by the Secretary and there is an issue of the nature or degree of disease or disability of the veteran, the Secretary shall, if the veteran has previously applied for supplemental security income under title XVI of the Social Security Act or for disability insurance benefit payments under title II of that Act, request the Commissioner of Social Security to provide to the Secretary any medical information obtained when determining the veteran's eligibility under such Act.''. (b) Use of Disability Determinations Made by the Social Security Administration.--(1) Subchapter I of chapter 51 of title 38, United States Code, is amended by adding at the end the following new section: ``Sec. 5109a. Use of disability determinations made by Social Security Administration ``(a) When the Secretary receives from the Social Security Administration notice that the Commissioner of Social Security has determined that a veteran has a disease or disability, or has made a medical determination as to the nature or degree of a disease or disability of a veteran, in a case in which the veteran has applied for disability benefits under laws administered by the Secretary and the eligibility of such veteran for such benefits has not been determined by the Secretary, the Secretary shall accept such determination for purposes of determining the existence of such disability or the nature or degree of such disability for purposes of laws administered by the Secretary. The Secretary may not rely on a determination by the Social Security Administration that a disability does not exist. ``(b) When the Secretary has awarded a disability benefit to a veteran in reliance upon information obtained from the Social Security Administration, the Secretary shall periodically verify with the Social Security Administration the status of the veteran's disability. If the Social Security Administration has determined that the disability no longer exists, or that the nature or degree of the disability has changed, the Secretary shall review the award of disability benefits to the veteran.''. (2) The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 5109 the following new item: ``5109a. Use of disability determinations made by Social Security Administration.''.

Amends titles II ( Old Age, Survivors and Disability Insurance) and XVI (Supplemental Security Income Program for the Aged, Blind, and Disabled) of the Social Security Act to require the Commissioner of Social Security , with the approval of the veteran involved, to provide the Secretary of Veterans Affairs with medical information regarding eligibility determinations for disability benefits under such titles. Amends provisions of Federal law relating to veterans to direct the Secretary, when there is an issue of the nature or degree of a disease or disability, to request the Commissioner to provide to the Secretary such medical information obtained when determining the veteran's eligibility under titles II or XVI of the Social Security Act. Requires the Secretary, in those cases where a determination has not been made by the Secretary, to accept the Commissioner's determination regarding the existence of a disability or the nature or degree of such disability for purposes of laws administered by the Secretary.

To amend the Social Security Act and title 38, United States Code, to provide for sharing of medical information relating to determination of disability between the Social Security Administration and Department of Veterans Affairs.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Border Protection Corps Act''. SEC. 2. FINDINGS. The Congress finds as follows: (1) Federal authorities do not have sufficient manpower or resources to patrol and defend the international borders of the United States to prevent individuals from entering the United States illegally. (2) An ever-increasing number of heavily armed and dangerous criminals, violent gang members, and drug smugglers are entering the United States illegally over our international borders. (3) Federal and State law enforcement authorities have identified an alarming increase in the number of foreign nationals from countries with known connections to terrorist organizations who are hiding among this crowd of dangerous illegal immigrants, and camouflaging themselves among an immense and rapidly growing number of foreign nationals who are entering the United States illegally in search of work. (4) The United States is at war with terrorist criminal organizations and individuals from foreign nations who are fanatically committed to the destruction of the United States, who have repeatedly demonstrated their ability and willingness to hide their true identities and their evil purposes, and who will enter and move about the United States illegally and use sneak attacks and any criminal means or method available to them to cause the mass destruction of human life in the United States. (5) The history of the United States from the first days of the American Revolution is filled with innumerable examples of honorable and invaluable service by citizen volunteers, organized into well-regulated local militias, who have ably defended the frontiers and borders of the United States whenever and wherever Federal military or law enforcement authorities were unable or unwilling to do so. (6) The uniquely devious, criminal, cowardly, and fanatically determined nature of the terrorist criminal organizations and individuals that have declared war on the people of the United States compel the Congress to invoke its constitutional authority to authorize all able-bodied and eligible United States citizens to serve in a militia in defense of our international borders under the direct command and control of the Governors of the border States. (7) Therefore, in light of these facts, in response to the continuing threat of these terrorist criminal organizations to carry out future attacks on the people of the United States similar to the terrorist attacks of September 11, 2001, and in order to quickly supplement the inadequate manpower and resources now deployed by the Federal Government in defense of our international borders, it is necessary to invoke congressional authority under article 1, section 8, of the Constitution, to call forth ``the Militia to execute the Laws of the Union'', to provide authorization and funding for ``organizing, arming, and disciplining, the Militia'', and to assist the States with statutory guidance and funding to provide for the common defense of the lives, liberty, and domestic tranquility of the people of the United States. SEC. 3. PROGRAM AUTHORIZED. (a) In General.--The Governor of a State on an international border of the United States is authorized to establish and command a militia, to be known as the ``Border Protection Corps'' for the State. The Border Protection Corps for a State shall include only United States citizens with no criminal history and no history of mental illness. Such militia shall be called into service by the Governor of the State for the purpose of patrolling and defending the international border of the State with Canada or Mexico, in order to prevent individuals from crossing the international border and entering the United States at any location other than an authorized port of entry. The members of the militia shall work in cooperation with State and local law enforcement officials, as directed by the Governor, and with the United States Border Patrol. All members of the militia shall take an oath to uphold the laws and Constitution of the United States and of the State, in a form to be prescribed by the State, and shall have the right to keep and bear arms. (b) Limited by State Law.--All United States citizens called into service by the Governor of a State under subsection (a) are authorized to use any means and any force authorized by State law to prevent individuals from unlawfully entering the United States at any location other than a port of entry, and to take into custody individuals who have so entered the United States. The Governor of a State is authorized to call eligible United States citizens into service in the militia, and to equip, train, discipline, and otherwise control the operation of such militia forces in defense of the international borders of the United States under such terms, conditions, and requirements as are contained in the laws and constitution of the State. (c) Disposition of Detained Individuals.--All individuals taken into custody under subsection (b) shall be promptly delivered to a Federal law enforcement authority. A Federal law enforcement authority may not release any individual so detained in the United States. All such individuals shall be removed to the country from which they entered the United States, but only after Federal law enforcement authorities are fully satisfied that each individual so removed is not a violent or dangerous criminal, a terrorist, or a potential terrorist, in which case that individual shall be prosecuted in the United States to the fullest extent provided by law. SEC. 4. FUNDING. (a) In General.--Any State whose Governor calls forth eligible United States citizens into service in a militia to patrol and defend the international borders of the United States in accordance with section 3 shall be promptly reimbursed by the Secretary of Homeland Security for funds expended by the State in accordance with such section to pay the following costs: (1) Costs of calling up eligible United States citizens to serve in the militia. (2) Costs of equipping, training, disciplining, and otherwise controlling the operation of the militia, as well as the costs of paying overtime to State and local law enforcement and corrections officers engaged in duties relating to activities authorized by this Act. (3) Costs of detaining, housing, and transporting individuals who unlawfully enter the United States at a location other than a port of entry and are taken into custody by the militia. (b) Account.--Reimbursement under subsection (a) shall be made from funds deposited into a separate account in the Treasury of the United States entitled the ``Border Protection Corps Establishment and Operation Account''. All deposits into the Border Protection Corps Establishment and Operation Account shall remain available until expended to the Secretary of Homeland Security to carry out subsection (a). (c) Transfer of Unexpended Homeland Security Funds.-- Notwithstanding any other provision of law, the Secretary of the Treasury shall transfer and deposit into the Border Protection Corps Establishment and Operation Account any funds that-- (1) were appropriated by a provision of law making appropriations for the Department of Homeland Security for a fiscal year; (2) were made available until expended by such provision of law; and (3) have remained unexpended for a period of 2 years or more. SEC. 5. RELATIONSHIP TO NATIONAL GUARD AND OTHER AUTHORIZED DEFENSE FORCES. A Border Protection Corps established under this Act shall be considered a defense force authorized by section 109(c) of title 32, United States Code. SEC. 6. REGULATIONS. The Secretary of Homeland Security shall promptly issue regulations governing the distribution of funds under section 4 of this Act for all reasonable and necessary costs and other expenses incurred by a State and the Border Protection Corps under this Act, and providing uniform standards which the United States Border Patrol, Homeland Security forces and all other federal law enforcement authorities shall follow to implement the requirements of this Act. The provisions of this Act shall take effect immediately upon enactment, and the promulgation of any such regulations are not a necessary precondition to the immediate deployment of the Border Protection Corps by the Governor of a State, or to the work of local and state law enforcement authorities or corrections officers as authorized by the Act. Any reasonable and necessary expense or cost authorized by this Act incurred by the State or the Border Protection Corps prior to the promulgation of such regulations are eligible for reimbursement under the terms and conditions of this Act. SEC. 7. DEFINITION. For purposes of this Act, the term ``State'' means any of the several States of the United States that borders Canada or Mexico.

Border Protection Corps Act - Authorizes the governor of a state to establish and command a militia, to be known as the Border Protection Corps, for that state. Allows such a Corps to include only U.S. citizens with no criminal history and no history of mental illness. Requires such militia to be called into service to patrol and defend its international border to prevent individuals from entering the United States at any location other than an authorized port of entry. Requires militia members to work in cooperation with state and local law enforcement officials and the U.S. Border Patrol. Allows militia members to take individuals into custody, but requires individuals taken to be promptly delivered to a federal law enforcement authority. Provides reimbursement through the Department of Homeland Security for a state's militia costs.

To authorize the Governor of a State to organize and call into service a militia of able-bodied and eligible citizens to help prevent individuals from unlawfully crossing an international border and entering the United States anywhere other than a port of entry, to appropriate funds to support this service, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Stop Corporate Inversions Act of 2014''. SEC. 2. MODIFICATIONS TO RULES RELATING TO INVERTED CORPORATIONS. (a) In General.--Subsection (b) of section 7874 of the Internal Revenue Code of 1986 is amended to read as follows: ``(b) Inverted Corporations Treated as Domestic Corporations.-- ``(1) In general.--Notwithstanding section 7701(a)(4), a foreign corporation shall be treated for purposes of this title as a domestic corporation if-- ``(A) such corporation would be a surrogate foreign corporation if subsection (a)(2) were applied by substituting `80 percent' for `60 percent', or ``(B) such corporation is an inverted domestic corporation. ``(2) Inverted domestic corporation.--For purposes of this subsection, a foreign corporation shall be treated as an inverted domestic corporation if, pursuant to a plan (or a series of related transactions)-- ``(A) the entity completes after May 8, 2014, and before May 9, 2016, the direct or indirect acquisition of-- ``(i) substantially all of the properties held directly or indirectly by a domestic corporation, or ``(ii) substantially all of the assets of, or substantially all of the properties constituting a trade or business of, a domestic partnership, and ``(B) after the acquisition, either-- ``(i) more than 50 percent of the stock (by vote or value) of the entity is held-- ``(I) in the case of an acquisition with respect to a domestic corporation, by former shareholders of the domestic corporation by reason of holding stock in the domestic corporation, or ``(II) in the case of an acquisition with respect to a domestic partnership, by former partners of the domestic partnership by reason of holding a capital or profits interest in the domestic partnership, or ``(ii) the management and control of the expanded affiliated group which includes the entity occurs, directly or indirectly, primarily within the United States, and such expanded affiliated group has significant domestic business activities. ``(3) Exception for corporations with substantial business activities in foreign country of organization.--A foreign corporation described in paragraph (2) shall not be treated as an inverted domestic corporation if after the acquisition the expanded affiliated group which includes the entity has substantial business activities in the foreign country in which or under the law of which the entity is created or organized when compared to the total business activities of such expanded affiliated group. For purposes of subsection (a)(2)(B)(iii) and the preceding sentence, the term `substantial business activities' shall have the meaning given such term under regulations in effect on May 8, 2014, except that the Secretary may issue regulations increasing the threshold percent in any of the tests under such regulations for determining if business activities constitute substantial business activities for purposes of this paragraph. ``(4) Management and control.--For purposes of paragraph (2)(B)(ii)-- ``(A) In general.--The Secretary shall prescribe regulations for purposes of determining cases in which the management and control of an expanded affiliated group is to be treated as occurring, directly or indirectly, primarily within the United States. The regulations prescribed under the preceding sentence shall apply to periods after May 8, 2014. ``(B) Executive officers and senior management.-- Such regulations shall provide that the management and control of an expanded affiliated group shall be treated as occurring, directly or indirectly, primarily within the United States if substantially all of the executive officers and senior management of the expanded affiliated group who exercise day-to-day responsibility for making decisions involving strategic, financial, and operational policies of the expanded affiliated group are based or primarily located within the United States. Individuals who in fact exercise such day-to-day responsibilities shall be treated as executive officers and senior management regardless of their title. ``(5) Significant domestic business activities.--For purposes of paragraph (2)(B)(ii), an expanded affiliated group has significant domestic business activities if at least 25 percent of-- ``(A) the employees of the group are based in the United States, ``(B) the employee compensation incurred by the group is incurred with respect to employees based in the United States, ``(C) the assets of the group are located in the United States, or ``(D) the income of the group is derived in the United States, determined in the same manner as such determinations are made for purposes of determining substantial business activities under regulations referred to in paragraph (3) as in effect on May 8, 2014, but applied by treating all references in such regulations to `foreign country' and `relevant foreign country' as references to `the United States'. The Secretary may issue regulations decreasing the threshold percent in any of the tests under such regulations for determining if business activities constitute significant domestic business activities for purposes of this paragraph.''. (b) Conforming Amendments.-- (1) Clause (i) of section 7874(a)(2)(B) of such Code is amended by striking ``after March 4, 2003,'' and inserting ``after March 4, 2003, and before May 9, 2014, or after May 8, 2016,''. (2) Subsection (c) of section 7874 of such Code is amended-- (A) in paragraph (2)-- (i) by striking ``subsection (a)(2)(B)(ii)'' and inserting ``subsections (a)(2)(B)(ii) and (b)(2)(B)(i)'', and (ii) by inserting ``or (b)(2)(A)'' after ``(a)(2)(B)(i)'' in subparagraph (B), (B) in paragraph (3), by inserting ``or (b)(2)(B)(i), as the case may be,'' after ``(a)(2)(B)(ii)'', (C) in paragraph (5), by striking ``subsection (a)(2)(B)(ii)'' and inserting ``subsections (a)(2)(B)(ii) and (b)(2)(B)(i)'', and (D) in paragraph (6), by inserting ``or inverted domestic corporation, as the case may be,'' after ``surrogate foreign corporation''. (c) Effective Date.--The amendments made by this section shall apply to taxable years ending after May 8, 2014.

Stop Corporate Inversions Act of 2014 - Amends the Internal Revenue Code to revise rules for the taxation of inverted corporations (i.e., U.S. corporations that acquire foreign companies to reincorporate in a foreign jurisdiction with income tax rates lower than the United States) to provide that during the period beginning after May 8, 2014, and before May 9, 2016, a foreign corporation that acquires the properties of a U.S. corporation or partnership shall be treated as an inverted corporation and thus subject to U.S. taxation if, after such acquisition: (1) it holds more than 50% of the stock of the new entity (expanded affiliated group), or (2) the management or control of the new entity occurs primarily within the United States and the new entity has significant domestic business activities.

Stop Corporate Inversions Act of 2014

SECTION 1. FINDINGS. Congress finds the following: (1) The claims of a significant number of African-American farmers who brought discrimination cases against the Department of Agriculture in the case Pigford v. Glickman were denied without such farmers receiving a hearing on the merits of those claims. (2) Section 14012 of the Food, Conservation, and Energy Act of 2008 (Public Law 110-246; 122 Stat. 2210) states that it is Congress' express intent that such section ``be liberally construed so as to effectuate its remedial purpose of giving a full determination on the merits for each Pigford claim previously denied that determination,'' and explicitly authorizes expedited resolutions to Pigford claims. (3) Such section authorizes the expenditure of $100,000,000 from the Commodity Credit Corporation for the purpose of addressing such claims. (4) The $100,000,000 expenditure was not intended to serve as a cap, but was intended to serve as a place-holder allowing Congress to increase funding as necessary so that each Pigford claim may be determined on the merits. (5) The number of African-American farmers who have had discrimination claims against the Department of Agriculture unfairly denied may total more than 77,000 persons. (6) Funding in addition to the $100,000,000 made available in such section 14012 will be needed to achieve Congress' intent to carry out the remedial purpose of having each Pigford claim determined on the merits. SEC. 2. FUNDING FOR PIGFORD CLAIMS. Section 14012 of the Food, Conservation, and Energy Act of 2008 (122 Stat. 2209; Public Law 110-246) is amended-- (1) by striking subsection (c) and inserting the following: ``(c) Criminal Penalties.-- ``(1) In general.--It shall be unlawful for any person to-- ``(A) knowingly execute, or attempt to execute, a scheme or artifice to defraud, or obtain money or property from any person by means of false or fraudulent pretenses, representations, or promises, relating to the eligibility or ability of a person to-- ``(i) file a civil action relating to a Pigford claim; ``(ii) submit a late-filing request under section 5(g) of the consent decree; ``(iii) obtain a determination on the merits of a Pigford claim; or ``(iv) recover damages or other relief relating to a Pigford claim; and ``(B) for the purpose of executing the scheme or artifice or attempting so to do, or obtaining the money or property-- ``(i) place or deposit, or cause to be placed or deposited, any matter or thing to be sent or delivered by the Postal Service or any private or commercial interstate carrier; ``(ii) take or receive any matter or thing sent or delivered by the Postal Service or any private or commercial interstate carrier; ``(iii) knowingly cause to be delivered by the Postal Service or any private or commercial interstate carrier any matter or thing according to the direction on the matter or thing, or at the place at which the matter or thing is directed to be delivered by the person to whom it is addressed; or ``(iv) transmit, or cause to be transmitted, any writings, signs, signals, pictures, or sounds by means of wire, radio, or television communication in interstate or foreign commerce. ``(2) Penalty.--Any person who violates paragraph (1) shall be fined under title 18, United States Code, imprisoned for not more than 5 years, or both.''; and (2) in subsection (i), by striking paragraph (2) and inserting the following: ``(2) Permanent judgment appropriation.-- ``(A) In general.--After the expenditure of all funds made available under paragraph (1), any additional payments or debt relief in satisfaction of claims against the United States under subsection (b) and for any actions under subsection (f) or (g) shall be paid from amounts appropriated under section 1304 of title 31, United States Code. ``(B) Authorization of certain expenses.-- Reasonable attorney's fees, administrative costs, and expenses described in section 14(a) of the consent decree and related to adjudicating the merits of claims brought under subsection (b), (f), or (g) shall be paid from amounts appropriated under section 1304 of title 31, United States Code. ``(3) Authorization of appropriations.--In addition to any other funds made available under this subsection, there are authorized to be appropriated such sums as are necessary to carry out this section.''.

Amends the Food, Conservation, and Energy Act of 2008 to make it unlawful for a person to knowingly commit specified fraudulent acts relating to a Pigford claim (relating to racial discrimination by the Department of Agriculture). Subjects a violator to criminal fine and/or up to five years in prison. Provides for: (1) access to the permanent judgment fund for additional claims payments or debt relief after the expenditure of amounts otherwise made available for claims payments; and (2) reasonable attorney fees, administrative costs, and expenses to be paid from such fund.

To amend the Food, Conservation, and Energy Act of 2008 to provide funding for successful claimants following a determination on the merits of Pigford claims related to racial discrimination by the Department of Agriculture.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Equal Treatment of Public Servants Act of 2014''. SEC. 2. REPLACEMENT OF THE WINDFALL ELIMINATION PROVISION WITH A FORMULA EQUALIZING BENEFITS FOR CERTAIN INDIVIDUALS WITH NON-COVERED EMPLOYMENT. (a) In General.--Section 215(a) of the Social Security Act (42 U.S.C. 415(a)) is amended by inserting after paragraph (7) the following: ``(8)(A) In the case of an individual whose primary insurance amount would be computed under paragraph (1) of this subsection-- ``(i) who becomes eligible for old-age insurance benefits after 2016 or would attain age 62 after 2016 and becomes eligible for disability insurance benefits after 2016, ``(ii) who subsequently becomes entitled to such benefits, and ``(iii) who has earnings derived from noncovered service performed in a year after 1977, the primary insurance amount of such individual shall be computed or recomputed under this paragraph. ``(B) The primary insurance amount of an individual described in subparagraph (A), as computed or recomputed under this paragraph, shall be the product derived by multiplying-- ``(i) the individual's primary insurance amount, as determined under paragraph (1) of this subsection and subparagraph (C) of this paragraph, by ``(ii) a fraction-- ``(I) the numerator of which is the individual's average indexed monthly earnings (determined without regard to subparagraph (C)), and ``(II) the denominator of which is an amount equal to the individual's average indexed monthly earnings (as determined under subparagraph (C)), rounded, if not a multiple of $0.10, to the next lower multiple of $0.10. ``(C)(i) For purposes of determining an individual's primary insurance amount pursuant to clauses (i) and (ii)(II) of subparagraph (B), the individual's average indexed monthly earnings shall be determined by treating all recorded noncovered earnings (as defined in clause (ii)(I)) derived by the individual from noncovered service performed in each year after 1977 as `wages' (as defined in section 209 for purposes of this title), which shall be treated as included in the individual's adjusted total covered earnings (as defined in clause (ii)(II)) for such calendar year together with amounts consisting of `wages' (as so defined without regard to this subparagraph) paid during such calendar year and self-employment income (as defined in section 211(b)) for taxable years ending with or during such calendar year. ``(ii) For purposes of this subparagraph-- ``(I) The term `recorded noncovered earnings' means earnings derived from noncovered service (other than noncovered service as a member of a uniformed service (as defined in section 210(m))) for which satisfactory evidence is determined by the Commissioner to be available in the records of the Commissioner. ``(II) The term `adjusted total covered earnings' means, in connection with an individual for any calendar year, the sum of the wages paid to the individual during such calendar year (as adjusted under subsection (b)(3)) plus the self-employment income derived by the individual during any taxable year ending with or during such calendar year (as adjusted under subsection (b)(3)). ``(iii) The Commissioner of Social Security shall provide by regulation for methods for determining whether satisfactory evidence is available in the records of the Commissioner for earnings for noncovered service (other than noncovered service as a member of a uniformed service (as defined in section 210(m))) to be treated as recorded noncovered earnings. Such methods shall provide for reliance on earnings information which is provided to the Commissioner by employers and which, as determined by the Commissioner, constitute a reasonable basis for treatment of earnings for noncovered service as recorded noncovered earnings. In making determinations under this clause, the Commissioner shall also take into account any documentary evidence of earnings derived from noncovered service by an individual which is provided by the individual to the Commissioner and which the Commissioner considers appropriate as a reasonable basis for treatment of such earnings as recorded noncovered earnings, except that such evidence provided by the individual shall be taken into account only to the extent that such evidence does not relate to earnings for service with respect to which information regarding earnings has already been obtained by the Commissioner from the employer and only to the extent that such evidence does not result in a reduction in the individual's primary insurance amount as calculated under subparagraph (B). ``(D) Upon the death of an individual whose primary insurance amount is computed or recomputed under this paragraph, such primary insurance amount shall be computed or recomputed under paragraph (1) of this subsection.''. (b) Modification of Windfall Elimination Provision for Current Beneficiaries; Recovery of Certain Overpayments.--Section 215(a)(7) of such Act (42 U.S.C. 415(a)(7)) is amended by adding at the end the following: ``(F)(i) Notwithstanding subparagraph (A), for purposes of determining the amount of monthly insurance benefits for months after December 2016, the primary insurance amount of an individual described in subparagraph (A), or an individual described in subparagraph (G) whose primary insurance amount was calculated or recalculated under subparagraph (B), shall be deemed to be equal to the sum of-- ``(I) the primary insurance amount of such individual computed or recomputed under subparagraph (B); plus ``(II) the applicable percentage (determined under clause (ii)) of the amount by which the primary insurance amount of such individual computed or recomputed under subparagraph (B) is exceeded by the primary insurance amount of such individual that would be determined without regard to this paragraph. ``(ii) The applicable percentage determined under this clause shall be a percentage (but not more than 50 percent) which shall be determined by the Commissioner on the basis of the amount of the savings generated as a result of the enactment of the Equal Treatment of Public Servants Act of 2014. The Commissioner shall determine and promulgate the applicable percentage determined under this clause on or before November 1, 2016, based upon the most recent actuarial estimates then available. ``(G) In the case of an individual whose primary insurance amount would be computed under paragraph (1) of this subsection who-- ``(i) attains age 62 after 1985 and before 2017 (except where he or she became entitled to a disability insurance benefit before 1986 and remained so entitled in any of the 12 months immediately preceding his or her attainment of age 62), or ``(ii) would attain age 62 after 1985 and before 2017 and becomes eligible for a disability insurance benefit after 1985 and before 2017, and ``(iii) is eligible for old-age insurance benefits or disability insurance benefits for December 2016, ``(iv) has recorded noncovered earnings (as defined in paragraph (8)(C)(ii)), and ``(v) has less than 30 years of coverage (as defined in subparagraph (D)), the primary insurance amount of such individual shall be computed or recomputed under this paragraph unless such individual provides to the Commissioner evidence determined to be satisfactory by the Commissioner that such individual has not received any periodic payment attributable to noncovered service. The Commissioner shall, in accordance with section 204, recover from such individual described in subparagraph (A), and any other individual receiving benefits under this title on the basis of the wages and self-employment income of such individual described in subparagraph (A), any excess of the total amount of benefits under this title paid to each such individual prior to 2017 over the amount computed on the basis of the primary insurance amount computed or recomputed under this paragraph without regard to subparagraph (F).''. (c) Conforming Amendments.--Section 215(a)(7)(A) of such Act (42 U.S.C. 415(a)(7)(A)) is amended-- (1) by striking ``after 1985'' each place it appears and inserting ``after 1985 and before 2017''; and (2) by striking ``hereafter in this paragraph and in subsection (d)(3)'' and inserting ``in this paragraph, paragraph (8), and subsection (d)(3)''.

Equal Treatment of Public Servants Act of 2014 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to replace the current windfall elimination provision (WEP) (that reduces the Social Security benefits of workers who also have pension benefits from employment not covered by Social Security) for individuals who: (1) become eligible for old-age insurance benefits after 2016 or would attain age 62 after 2016 and become eligible for disability insurance benefits after 2016, (2) subsequently become entitled to such benefits, and (3) have earnings derived from noncovered service performed after 1977. Establishes a new formula for the treatment of noncovered earnings in determining Social Security benefits. Prescribes a second formula to modify WEP for current beneficiaries. Directs the Commissioner of Social Security to recover overpayments from certain individuals.

Equal Treatment of Public Servants Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Savings in Construction Act of 1996''. SEC. 2. FINDINGS. The Congress finds the following: (1) The Metric Conversion Act of 1975 was enacted in order to set forth the policy of the United States to convert to the metric system. Section 3 of that Act requires that each Federal agency use the metric system of measurements in its procurement, grants, and other business-related activities, unless that use is likely to cause significant cost or loss of markets to United States firms, such as when foreign competitors are producing competing products in non-metric units. (2) In accordance with that Act and Executive Order 12770, of July 25, 1991, Federal agencies increasingly construct new Federal buildings in round metric dimensions. As a result, companies that wish to bid on Federal construction projects increasingly are asked to supply materials or products in round metric dimensions. (3) While the Metric Conversion Act of 1975 currently provides an exemption to metric usage when impractical or when such usage will cause economic inefficiencies, amendments are warranted to ensure that the use of specific metric components in metric construction projects do not increase the cost of Federal buildings to the taxpayers. SEC. 3. DEFINITIONS. Section 4 of the Metric Conversion Act of 1975 (15 U.S.C. 205c) is amended-- (1) by striking ``and'' at the end of paragraph (3); (2) by striking ``Commerce.'' in paragraph (4) and inserting ``Commerce;''; and (3) by inserting after paragraph (4) the following: ``(5) `full and open competition' has the same meaning as defined in section 403(6) of title 41, United States Code; ``(6) `total installed price' means the price of purchasing a product or material, trimming or otherwise altering some or all of that product or material, if necessary to fit with other building components, and then installing that product or material into a Federal facility; ``(7) `hard-metric' means measurement, design, and manufacture using the metric system of measurement, but does not include measurement, design, and manufacture using English system measurement units which are subsequently reexpressed in the metric system of measurement; ``(8) `cost or pricing data or price analysis' has the meaning given such terms in section 304A of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 254b); and ``(9) `Federal facility' means any public building (as defined under section 13 of the Public Buildings Act of 1959 (40 U.S.C. 612) and shall include any Federal building or construction project-- ``(A) on lands in the public domain; ``(B) on lands used in connection with Federal programs for agriculture research, recreation, and conservation programs; ``(C) on or used in connection with river, harbor, flood control, reclamation, or power projects; ``(D) on or used in connection with housing and residential projects; ``(E) on military installations (including any fort, camp, post, naval training station, airfield, proving ground, military supply depot, military school, or any similar facility of the Department of Defense); ``(F) on installations of the Department of Veteran Affairs used for hospital or domiciliary purposes; or ``(G) on lands used in connection with Federal prisons, but does not include (i) any Federal Building or construction project the exclusion of which the President deems to be justified in the public interest, or (ii) any construction project or building owned or controlled by a State government, local government, Indian tribe, or any private entity.''. SEC. 4. IMPLEMENTATION IN ACQUISITION OF FEDERAL FACILITIES. (a) The Metric Conversion Act of 1975 (15 U.S.C. 205 et sec.) is amended by inserting after section 13 the following new section: ``SEC. 14. IMPLEMENTATION IN ACQUISITION OF CONSTRUCTION SERVICES AND MATERIALS FOR FEDERAL FACILITIES. ``(a) In General.--Construction services and materials for Federal facilities shall be procured in accordance with the policies and procedures set forth in chapter 137 of title 10, United States Code, section 2377 of title 10, United States Code, title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.), and section 3(2) of this Act. Determination of a design method shall be based upon preliminary market research as required under section 2377(c) of title 10, United States Code, and section 314B(c) of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 264b(c)). If the requirements of this Act conflict with the provisions of section 2377 of title 10, United States Code, or section 314B of the Federal Property and Administrative Services Act of 1949, then the provisions of 2377 or 314B shall take precedence. ``(b) Concrete Masonry Units.--In carrying out the policy set forth in section 3 (with particular emphasis on the policy set forth in paragraph (2) of that section) a Federal agency may require that specifications for the acquisition of structures or systems of concrete masonry be expressed under the metric system of measurement, but may not incorporate specifications, that can only be satisfied by hard- metric versions of concrete masonry units, in a solicitation for design or construction of a Federal facility within the United States or its territories, or a portion of said Federal facility, unless the head of the agency determines in writing that-- ``(1) hard-metric specifications are necessary in a contract for the repair or replacement of parts of Federal facilities in existence or under construction upon the effective date of the Savings in Construction Act of 1996; or ``(2) the following 2 criteria are met: ``(A) the application requires hard-metric concrete masonry units to coordinate dimensionally into 100 millimeter building modules; and ``(B) the total installed price of hard-metric concrete masonry units is estimated to be equal to or less than the total installed price of using non-hard- metric concrete masonry units. Total installed price estimates shall be based, to the extent available, on cost or pricing data or price analysis, using actual hard-metric and non-hard-metric offers received for comparable existing projects. The head of the agency shall include in the writing required in this subsection an explanation of the factors used to develop the price estimates. ``(c) Recessed Lighting Fixtures.--In carrying out the policy set forth in section 3 (with particular emphasis on the policy set forth in paragraph (2) of that section) a Federal agency may require that specifications for the acquisition of structures or systems of recessed lighting fixtures be expressed under the metric system of measurement, but may not incorporate specifications, that can only be satisfied by hard-metric versions of recessed lighting fixtures, in a solicitation for design or construction of a Federal facility within the United States or its territories unless the head of the agency determines in writing that-- ``(1) the predominant voluntary industry consensus standards include the use of hard-metric for the items specified; or ``(2) hard-metric specifications are necessary in a contract for the repair or replacement of parts of Federal facilities in existence or under construction upon the effective date of the Savings in Construction Act of 1996; or ``(3) the following 2 criteria are met: ``(A) the application requires hard-metric recessed lighting fixtures to coordinate dimensionally into 100 millimeter building modules; and ``(B) the total installed price of hard-metric recessed lighting fixtures is estimated to be equal to or less than the total installed price of using non- hard-metric recessed lighting fixtures. Total installed price estimates shall be based, to the extent available, on cost or pricing data or price analysis, using actual hard-metric and non-hard-metric offers received for comparable existing projects. The head of the agency shall include in the writing required in this subsection an explanation of the factors used to develop the price estimates. ``(d) Limitation.--The provisions of subsections (b) and (c) of this section shall not apply to Federal contracts to acquire construction products for the construction of facilities outside of the United States and its territories. ``(e) Expiration.--The provisions contained in subsections (b) and (c) of this section shall expire 10 years from the effective date of the Savings in Construction Act of 1996.''. SEC. 5. OMBUDSMAN. Section 14 of the Metric Conversion Act of 1975, as added by section 4 of this Act, is further amended by adding at the end the following new subsection: ``(f) Agency Ombudsman.--(1) The head of each executive agency that awards construction contracts within the United States and its territories shall designate a senior agency official to serve as a construction metrication ombudsman who shall be responsible for reviewing and responding to complaints from prospective bidders, subcontractors, suppliers, or their designated representatives related to-- ``(A) guidance or regulations issued by the agency on the use of the metric system of measurement in contracts for the construction of Federal buildings; and ``(B) the use of the metric system of measurement for services and materials required for incorporation in individual projects to construct Federal buildings. The construction metrication ombudsman shall be independent of the contracting officer for construction contracts. ``(2) The ombudsman shall be responsible for ensuring that the agency is not implementing the metric system of measurement in a manner that is impractical or is likely to cause significant inefficiencies or loss of markets to United States firms in violation of the policy stated in section 3(2), or is otherwise inconsistent with guidance issued by the Secretary of Commerce in consultation with the Interagency Council on Metric Policy while ensuring that the goals of the Metric Conversion Act of 1975 are observed. ``(3) The ombudsman shall respond to each complaint in writing within 60 days and make a recommendation to the head of the executive agency for an appropriate resolution thereto. In such a recommendation, the ombudsman shall consider-- ``(A) whether the agency is adequately applying the policies and procedures in this section; ``(B) whether the availability of hard-metric products and services from United States firms is sufficient to ensure full and open competition; and ``(C) the total installed price to the Federal Government. ``(4) After the head of the agency has rendered a decision regarding a recommendation of the ombudsman, the ombudsman shall be responsible for communicating the decision to all appropriate policy, design, planning, procurement, and notifying personnel in the agency. The ombudsman shall conduct appropriate monitoring as required to ensure the decision is implemented, and may submit further recommendations, as needed. The head of the agency's decision on the ombudsman's recommendations, and any supporting documentation, shall be provided to affected parties and made available to the public in a timely manner. ``(5) Nothing in this section shall be construed to supersede the bid protest process established under subchapter V of chapter 35 of title 31, United States Code.''. SEC. 6. EFFECTIVE DATE AND MISCELLANEOUS PROVISIONS. (a) Effective Date.--This Act and the amendments made by this Act shall take effect 90 days after the date of enactment of this Act. (b) Savings Provisions.--This Act shall not apply to contracts awarded and solicitations issued on or before the effective date of this Act, unless the head of a Federal agency makes a written determination in his or her sole discretion that it would be in the public interest to apply one or more provisions of this Act or its amendments to these existing contracts or solicitations. Passed the House of Representatives September 28, 1996. Attest: ROBIN H. CARLE, Clerk.

Savings in Construction Act of 1996 - Amends the Metric Conversion Act of 1975 to define specified terms, including: (1) full and open competition; (2) total installed price; (3) hard-metric; (4) cost or pricing data or price analysis; and (5) Federal facility. Requires the implementation of such Act in the acquisition of construction services and materials for Federal facilities. Directs that if the requirements of this Act conflict with specified Federal procurement provisions, then such provisions shall take precedence. Sets forth exceptions with respect to the implementation of such Act concerning concrete masonry units and recessed lighting fixtures. Requires the agency head to determine in writing according to specified criteria that specifications can only be satisfied by hard-metric versions. Requires the head of each agency that awards construction contracts within the United States and its territories to designate a senior agency official as a construction metrication ombudsman to, among other things, be: (1) responsible for reviewing and responding to complaints from prospective bidders, subcontractors, suppliers, or their designated representatives concerning use of the metric system of measurement in contracts for the construction of Federal buildings; (2) independent of the contracting officer for construction contracts; and (3) responsible for ensuring that the agency is not implementing the metric system of measurement in a manner that is either impractical, likely to cause significant inefficiencies or loss of markets to U.S. firms, or inconsistent with specified guidelines while ensuring that the goals of the Metric Conversion Act of 1975 are observed.

Savings in Construction Act of 1996

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Veterinary Medical Service Act''. SEC. 2. ESTABLISHMENT OF LOAN REPAYMENT PROGRAM FOR VETERINARY MEDICINE. The National Agricultural Research, Extension, and Teaching Policy Act of 1977 is amended by inserting after section 1415 (7 U.S.C. 3151) the following: ``SEC. 1415A. VETERINARY MEDICINE LOAN REPAYMENT. ``(a) Definitions. ``In this section: ``(A) Qualifying educational loan.--The term `qualifying educational loan' means a government or commercial loan incurred by an individual to pay for attendance at an accredited college of veterinary medicine resulting in a degree of Doctor of Veterinary Medicine or the equivalent, including-- ``(i) tuition expenses; ``(ii) other reasonable educational expenses, including fees, books, and laboratory expenses; and ``(iii) reasonable living expenses, as determined by the Secretary. ``(B) Veterinarian shortage situation.-- ``(i) In general.--The term `veterinarian shortage situation' shall have the meaning that the Secretary shall prescribe. ``(ii) Considerations.--In determining what constitutes a veterinarian shortage situation, the Secretary may consider-- ``(I) urban or rural areas that the Secretary determines have a shortage of veterinarians;---------- ``(II) areas of veterinary practice that the Secretary determines have a shortage of veterinarians, such as public health, epidemiology, and food safety; ``(III) areas of veterinary need in the Federal Government; and ``(IV) other factors that the Secretary considers to be relevant. ``(b) Program.-- ``(1) Service in veterinarian shortage situations.-- ``(A) In general.--Subject to the availability of funds under subsection (d), the Secretary shall carry out a program to enter into agreements with veterinarians under which a veterinarian agrees to provide, for a period of time determined by the Secretary and specified in the agreement, veterinary services in veterinarian shortage situations. ``(B) Annual loan repayment.--For each year of service under an agreement under this paragraph, the Secretary shall pay an amount, determined by the Secretary and specified in the agreement, of the principal, interest, and related expenses of the qualifying educational loans of the veterinarian. ``(2) Service to federal government in emergency situations.--The Secretary may enter into a 1-year agreement with a veterinarian who has entered into an agreement under paragraph (1) for the veterinarian to provide service to the Federal Government in an emergency situation, as determined by the Secretary, under terms and conditions specified in the agreement. ``(C) Additional annual loan repayment.-- ``(i) In general.--Under an agreement under this paragraph, the Secretary shall pay an amount, as determined by the Secretary and specified in the agreement, of the principal, interest, and related expenses of the qualifying educational loans of the veterinarian. ``(ii) Amount in addition.--An amount paid under clause (i) shall be in addition to the amount paid under the agreement under paragraph (1). ``(D) Requirements.--An agreement under this paragraph shall provide that-- ``(i) a veterinarian shall not be required to serve more than 60 working days per year of the agreement; and ``(ii) a veterinarian who provides service in accordance with the agreement-- ``(I) shall receive a salary commensurate with the duties performed; and ``(II) shall be reimbursed for travel and per diem expenses as appropriate for the duration of the service. ``(c) Administration.-- ``(1) Authority.--The Secretary may carry out the program under subsection (b) directly or through an agreement with another Federal agency or service provider. ``(2) Breach remedies.-- ``(A) In general.--An agreement under paragraph (1) or (2) of subsection (b) shall provide remedies for a breach of the agreement by the veterinarian, including repayment or partial repayment of financial assistance received, with interest. ``(B) Amounts recovered.--Funds recovered under this subsection-- ``(i) shall be credited to the account available to carry out this section; and ``(ii) shall be available to carry out this section without further appropriation until expended. ``(C) Waiver.--If the Secretary determines that a veterinarian has breached an agreement due to extreme hardship or extreme need, the Secretary may grant a waiver of the repayment obligation for breach of contract. ``(4) Repayment schedule.--The Secretary may enter into an agreement with the holder of a qualifying educational loan for which payments are made under this section to establish a schedule for the making of payments. ``(5) Tax liability.--In addition to educational loan repayments, the Secretary shall make such additional payments to a participating veterinarian as the Secretary determines to be appropriate to reimburse the veterinarian for tax liability resulting from participation in the program under this section. ``(d) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this section, to remain available until expended.''.

National Veterinary Medical Service Act - Amends the National Agricultural Research, Extension, and Teaching Policy Act of 1977 to direct the Secretary of Agriculture to conduct a veterinary school loan repayment program (including resultant tax liability payments) for persons who perform qualifying veterinary services in shortage and emergency situations.

A bill to authorize the Secretary of Agriculture to conduct a loan repayment program to encourage the provision of veterinary services in shortage and emergency situations.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Patent Improvement Act of 2001''. SEC. 2. OPPOSITION PROCEDURES. (a) In General.--Title 35, United States Code, is amended by inserting after chapter 31 the following new chapter: ``CHAPTER 32--OPPOSITION PROCEDURES ``Sec. ``321. Opposition procedures. ``322. Effect on other proceedings. ``Sec. 321. Opposition procedures ``(a) Administrative Opposition Panel.-- ``(1) Establishment.--The Director shall, not later than 1 year after the date of enactment of the Patent Improvement Act of 2001, establish an Administrative Opposition Panel. The Administrative Opposition Panel shall be comprised of not less than 18 administrative opposition judges, each of whom shall be an individual of competent legal knowledge and scientific ability. Upon establishment of the Administrative Opposition Panel, the Director shall publish notice of the establishment of the Panel in the Federal Register. ``(2) Assignment of patent examiners to panel.--Patent examiners may be assigned on detail to assist the Administrative Opposition Panel in carrying out opposition proceedings under this section, except that a patent examiner may not be assigned to assist in review of a patent application examined by that patent examiner. The Director shall establish procedures by which an opposition is heard under subsection (b). ``(b) Opposition Procedures.-- ``(1) Request for opposition.--(A) Any person may file a request for an opposition to a patent on the basis of section 101, 102, 103, or 112 of this title. Such a request is valid only if the request-- ``(i) is made not later than 9 months after the date of issuance of the patent; ``(ii) is in writing; ``(iii) is accompanied by payment of the opposition fee set forth in section 41(a) of this title; and ``(iv) sets forth in detail the basis on which the opposition is requested. ``(B) Not later than 60 days after receiving a valid request under subparagraph (A), the Director shall issue an order for an opposition proceeding to be held on the record after opportunity for a hearing, and shall promptly send a copy of the request to the owner of record of the patent. The patent owner shall be provided a reasonable period, but in no case less than 60 days after the date on which a copy of the request is given or mailed to the patent owner, within which the owner may file a statement in reply to the grounds for the request for opposition, including any amendment to the patent and new claim or claims, for consideration in the opposition proceeding. If the patent owner files such a statement, the patent owner shall promptly serve a copy of the statement on the third-party requester. Not later than 2 months after the date of such service, the third-party requester may file and have considered in the opposition proceeding a reply to the statement filed by the patent owner. ``(2) Conduct of opposition proceedings.--Each opposition shall be heard by one administrative opposition judge, and no party shall be permitted ex parte communication with the administrative opposition judge. In addition to the statements and replies set forth in paragraph (1), the administrative opposition judge may consider evidence that the judge considers relevant, including evidence that is presented in any oral testimony (including exhibits and expert testimony) in direct or cross examination, or in any deposition, affidavit, or other documentary form, whether voluntary or compelled. In any opposition proceeding, the Federal Rules of Evidence shall apply. ``(3) Amendments to patent claims.--A patent applicant may propose to amend a patent claim or propose a new claim at any time during the opposition proceeding, except that no proposed amended or new claim enlarging the scope of a claim of the patent may be permitted at any time during an opposition proceeding under this section. ``(4) Determination.--Not later than 18 months after the filing of a request for an opposition under this section, the administrative opposition judge in the opposition proceeding shall determine the patentability of the subject matter of the patent, a record of the administrative opposition judge's determination under this section shall be placed in the official file of the patent, and a copy shall promptly be given or mailed to the owner of record of the patent and to the third-party requester. ``(5) Appeals.--Any party to the opposition may appeal a decision of the Administrative Opposition Panel under the provisions of section 134 of this title, and may seek court review under the provisions of sections 141 through 145 of this title, with respect to any decision in regard to the patentability of any original or proposed amended or new claim of the patent. A patent owner may be a party to an appeal taken by a third-party requester. Any third-party requester may be a party to an appeal taken by a patent owner. ``(6) Certification of patentability.--In an opposition proceeding under this chapter, when the time for appeal has expired or any appeal proceeding has terminated, the Director shall issue and publish a certificate canceling any claim of the patent finally determined to be unpatentable, confirming any claim of the patent determined to be patentable, and incorporating in the patent any proposed amended or new claim determined to be patentable. ``(7) Effect of determination.--Any proposed, amended, or new claim determined to be patentable and incorporated into a patent following an opposition proceeding shall have the same effect as that specified in section 252 of this title for reissued patents on the right of any person who made, purchased, or used within the United States, or imported into the United States, anything patented by such proposed amended or new claim, or who made substantial preparations therefor, prior to issuance of a certificate under paragraph (6) of this subsection. ``Sec. 322. Effect on other proceedings ``(a) Right to Litigation.--Subject to subsections (b) and (c), proceedings under section 321 shall not alter or prejudice any party's right to pursue remedies under provisions of law other than this section. In the case of court proceedings, other than an appeal of a decision in an opposition proceeding under section 321, the court may consider any matter independently of any opposition proceeding under this section. ``(b) Effect of Final Decision.-- ``(1) In future opposition proceedings.--If a final decision has been entered against a party in a civil action arising in whole or in part under section 1338 of title 28, establishing that the party has not sustained its burden of proving the invalidity of any patent claim, or if a final decision in an inter partes reexamination proceeding instituted by a third-party requester is favorable to the patentability of any original or proposed amended or new claim of the patent-- ``(A) neither that party to the civil action, the third-party requester, nor the privies of that party or third-party requester may thereafter request an opposition to such patent claim on the basis of issues which that party, third-party requester, or the privies of that party or third-party requester raised in such civil action or inter partes reexamination proceeding (as the case may be); and ``(B) an opposition requested by that party, third- party requester, or the privies of that party or third- party requester on the basis of such issues may not thereafter be maintained by the Office. ``(2) Effect of final decision in opposition.--If a final decision in an opposition proceeding instituted by a third- party requester is favorable to the patentability of any original or proposed amended or new claim of the patent-- ``(A) neither the third-party requester, nor the privies of that third-party requester, may thereafter bring a civil action under section 1338 of title 28, or request an inter partes reexamination of, or an opposition to, such patent claim on the basis of issues which that third-party requester, or the privies of that third-party requester, raised in such opposition proceeding; and ``(B) an inter partes reexamination or opposition requested by that third-party requester, or the privies of that third-party requester, on the basis of such issues may not thereafter be maintained by the Office. ``(3) New evidence.--Paragraphs (1) and (2) do not prevent the assertion by a party to a civil action or a third-party requester of invalidity based on newly discovered prior art, or other evidence, unavailable to that party or third-party requester, as the case may be, and the Patent and Trademark Office, at the time of the civil action, inter partes reexamination, or opposition proceeding (as the case may be). ``(c) Stay of Litigation.--Once an order for an opposition proceeding with respect to a patent has been issued under section 321(b)(1)(B), any party to the proceeding may obtain a stay of any pending court proceeding (other than an appeal to the Court of Appeals for the Federal Circuit) which involves an issue of patentability of any claims of the patent which are the subject of the opposition proceeding, unless the court before which such litigation is pending determines that a stay would not serve the interests of justice.''. (b) Fees.--Section 41(a) of title 35, United States Code, is amended-- (1) by redesignating paragraphs (7) through (15) as paragraphs (9) through (17), respectively; and (2) by inserting after paragraph (6) the following: ``(7)(A) On filing an opposition under chapter 32 to a patent based on prior art citations or obviousness, a fee of $200. ``(B) On filing an opposition under chapter 32 to a patent on any other basis, a fee of $5,000. ``(C) The Director may waive the payment by an individual of fees under this paragraph if such waiver is in the public interest. ``(8) On filing a request for a proceeding to determine whether an invention claimed in an application was known or used, or has been in public use or on sale, under section 102, a fee of $35.''. (b) Clerical Amendment.--The table of chapters for part III of title 35, United States Code, is amended by adding at the end the following: ``32. Opposition Procedures................................. 321.''. SEC. 3. NONOBVIOUSNESS. Section 103 of title 35, United States Code, is amended by adding at the end the following: ``(d)(1) An invention shall be presumed obvious under this section if the only significant difference between the combined teachings of the prior art and the claimed invention is that the claimed invention is appropriate for use with a computer technology, unless-- ``(A) the application of the computer technology is novel; or ``(B) the computer technology is novel and not the subject of another patent or patent application. ``(2)(A) An applicant or patentee may rebut the presumption under paragraph (1) upon a showing by a preponderance of the evidence that the invention is not obvious to persons of ordinary skill in all relevant arts. ``(B) Those areas of art which are relevant for purposes of subparagraph (A) include the field of the computer implementation.''. SEC. 4. REQUIREMENT TO DISCLOSE SEARCH. The Director of the Patent and Trademark Office shall, within 30 days after the date of enactment of this Act, publish notice of rulemaking proceedings to amend the rules of the Patent and Trademark Office to require an applicant for a patent to disclose in the application the extent to which the applicant searched for prior art to meet the requirements of title 35, United States Code. Such amendment shall include appropriate penalties for failure to comply with such requirement. The Director shall ensure that the amendment is implemented as promptly as possible. SEC. 5. CONFORMING AMENDMENTS. (a) Definitions.--Section 100(e) of title 35, United States Code, is amended by striking ``or inter partes reexamination under section 311'' and inserting ``, inter partes reexamination under section 311, or an opposition under section 321,''. (b) Board of Patent Appeals and Interferences.--Section 134 of title 35, United States Code, is amended-- (1) in subsection (b)-- (A) by inserting ``or opposition'' after ``reexamination''; and (B) by inserting ``or the Administrative Opposition Panel (as the case may be)'' after ``administrative patent judge''; and (2) in subsection (c)-- (A) by striking ``proceeding'' and inserting ``reexamination proceeding or an opposition proceeding''; (B) by inserting ``or the Administrative Opposition Panel (as the case may be)'' after ``administrative patent judge''; and (C) in the last sentence, by inserting ``in an inter partes reexamination proceeding'' after ``requester''. (c) Appeal to Court of Appeals.--(1) Section 141 of title 35, United States Code, is amended in the second sentence by inserting after ``reexamination proceeding'' the following: ``, and any party in an opposition proceeding, who is''. (2) Section 143 of title 35, United States Code, is amended by inserting after the third sentence the following: ``In any opposition proceeding, the Administrative Opposition Panel shall submit to the court in writing the grounds for the decision of the Panel, addressing all the issues involved in the appeal.''. SEC. 6. EFFECTIVE DATE. (a) In General.--Subject to subsections (b), (c), and (d), this Act and the amendments made by this Act apply to-- (1) any application for patent that is pending on, or that is filed on or after, the date of enactment of this Act; and (2) any patent issued on or after the date of enactment of this Act. (b) Patents Issued Before Establishment of Administrative Opposition Panel.--In the case of a patent issued after the enactment of this Act but before the date on which notice of the establishment of the Administrative Opposition Panel is published under section 321(a)(1) of title 35, United States Code (as added by this Act), a request for an opposition to the patent may be filed under section 321(b)(1)(A) of title 35, United States Code (as added by this Act), notwithstanding the 9-month requirement set forth in clause (i) of that section, if the request is filed not later than 9 months after the date on which such notice is so published.

Patent Improvement Act of 2001 - Amends Federal law to require the Director of the Patent and Trademark Office to establish an Administrative Opposition Panel to conduct proceedings, under specified conditions, to hear opposition to patent claims and cancel, confirm, or modify them.

To amend title 35, United States Code, to provide for improvements in the quality of patents on certain inventions.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Military Voting Protection Act of 2009''. SEC. 2. FINDINGS. Congress makes the following findings: (1) In the defense of freedom, members of the United States Armed Forces are routinely deployed to overseas theaters of combat, assigned to overseas locations, and assigned to ocean- going vessels far from home. (2) As the United States continues to fight the Global War on Terror, the substantial need for overseas service by members of the Armed Forces will continue, as we live in what senior Army leaders have referred to as an ``era of persistent conflict''. (3) The right to vote is one of the most basic and fundamental rights enjoyed by Americans, and one which the members of the Armed Forces bravely defend both at home in the United States and overseas. (4) The decisions of elected officials of the United States Government directly impact the members of the Armed Forces who are often called to deploy or otherwise serve overseas as a result of decisions made by such elected officials. (5) The ability of the members of the Armed Forces to vote while serving overseas has been hampered by numerous factors, including inadequate processes for ensuring their timely receipt of absentee ballots, delivery methods that are typically slow and antiquated, and a myriad of absentee voting procedures that are often confusing and vary among the several States. (6) The Uniformed and Overseas Citizens Absentee Voting Act, which requires the States to allow absentee voting for members of the Armed Forces and other specified groups of United States citizens, was intended to protect the voting rights of members of the Armed Forces. (7) The current system of absentee voting for overseas members of the Armed Forces could be greatly improved by decreasing delays in the process, and certain steps by the Department of Defense, including utilization of express mail services for the delivery of completed absentee ballots, would address the major sources of delay. SEC. 3. PROCEDURES FOR COLLECTION AND DELIVERY OF MARKED ABSENTEE BALLOTS OF ABSENT OVERSEAS UNIFORMED SERVICES VOTERS. (a) In General.--The Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff et seq.) is amended by inserting after section 103 the following new section: ``SEC. 103A. PROCEDURES FOR COLLECTION AND DELIVERY OF MARKED ABSENTEE BALLOTS OF ABSENT OVERSEAS UNIFORMED SERVICES VOTERS. ``(a) Collection.--The Presidential designee shall establish procedures for collecting marked absentee ballots of absent overseas uniformed services voters in regularly scheduled general elections for Federal office, including absentee ballots prepared by States and the Federal write-in absentee ballot prescribed under section 103, and for delivering the ballots to the appropriate election officials. ``(b) Ensuring Delivery Prior to Closing of Polls.-- ``(1) In general.--Under the procedures established under this section, the Presidential designee shall ensure that any marked absentee ballot for a regularly scheduled general election for Federal office which is collected prior to the deadline described in paragraph (3) is delivered to the appropriate election official in a State prior to the time established by the State for the closing of the polls on the date of the election. ``(2) Utilization of express mail delivery services.--The Presidential designee shall carry out this section by utilizing the express mail delivery services of the United States Postal Service. ``(3) Deadline described.-- ``(A) In general.--Except as provided in subparagraph (B), the deadline described in this paragraph is noon (in the location in which the ballot is collected) on the fourth day preceding the date of the election. ``(B) Authority to establish alternative deadline for certain locations.--If the Presidential designee determines that the deadline described in subparagraph (A) is not sufficient to ensure timely delivery of the ballot under paragraph (1) with respect to a particular location because of remoteness or other factors, the Presidential designee may establish as an alternative deadline for that location the latest date occurring prior to the deadline described in subparagraph (A) which is sufficient to ensure timely delivery of the ballot under paragraph (1). ``(c) Tracking Mechanism.--Under the procedures established under this section, the Presidential designee, working in conjunction with the United States Postal Service, shall implement procedures to enable any individual whose marked absentee ballot for a regularly scheduled general election for Federal office is collected by the Presidential designee to determine whether the ballot has been delivered to the appropriate election official, using the Internet, an automated telephone system, or such other methods as the Presidential designee may provide. ``(d) Outreach for Absent Overseas Uniformed Services Voters on Procedures.--The Presidential designee shall take appropriate actions to inform individuals who are anticipated to be absent overseas uniformed services voters in a regularly scheduled general election for Federal office to which this section applies of the procedures for the collection and delivery of marked absentee ballots established pursuant to this section, including the manner in which such voters may utilize such procedures for the submittal of marked absentee ballots in the election. ``(e) Reports on Utilization of Procedures.-- ``(1) Reports required.--Not later than 180 days after each regularly scheduled general election for Federal office to which this section applies, the Presidential designee shall submit to the relevant committees of Congress a report on the utilization of the procedures for the collection and delivery of marked absentee ballots established pursuant to this section during such general election. ``(2) Elements.--Each report under paragraph (1) shall include, for the general election covered by such report, a description of the utilization of the procedures described in that paragraph during such general election, including the number of marked absentee ballots collected and delivered under such procedures and the number of such ballots which were not delivered by the time of the closing of the polls on the date of the election (and the reasons therefor). ``(3) Relevant committees of congress defined.--In this subsection, the term `relevant committees of Congress' means-- ``(A) the Committees on Appropriations, Armed Services, and Rules and Administration of the Senate; and ``(B) the Committees on Appropriations, Armed Services, and House Administration of the House of Representatives. ``(f) Absent Overseas Uniformed Services Voter Defined.--In this section, the term `absent overseas uniformed services voter' means an overseas voter described in section 107(5)(A). ``(g) Authorization of Appropriations.--There are authorized to be appropriated to the Presidential designee such sums as may be necessary to carry out this section. ``(h) Effective Date.--This section shall apply with respect to the regularly scheduled general election for Federal office held in November 2010 and each succeeding election for Federal office.''. (b) Conforming Amendments.-- (1) Federal responsibilities.--Section 101(b) of such Act (42 U.S.C. 1973ff(b)) is amended-- (A) by striking ``and'' at the end of paragraph (6); (B) by striking the period at the end of paragraph (7) and inserting ``; and''; and (C) by adding at the end the following new paragraph: ``(8) carry out section 103A with respect to the collection and delivery of marked absentee ballots of absent overseas uniformed services voters in elections for Federal office.''. (2) State responsibilities.--Section 102(a) of such Act (42 U.S.C. 1973ff-1(a)) is amended-- (A) by striking ``and'' at the end of paragraph (4); (B) by striking the period at the end of paragraph (5) and inserting ``; and''; and (C) by adding at the end the following new paragraph: ``(6) carry out section 103A(b)(2) with respect to the processing and acceptance of marked absentee ballots of absent overseas uniformed services voters.''. (c) Report on Status of Implementation.-- (1) Report required.--Not later than 180 days after the date of the enactment of this Act, the Presidential designee under section 101(a) of the Uniformed and Overseas Citizens Absentee Voting Act shall submit to the relevant committees of Congress a report on the status of the implementation of the program for the collection and delivery of marked absentee ballots established pursuant to section 103A of such Act, as added by subsection (a). (2) Elements.--The report under paragraph (1) shall include a status of the implementation of the program and a detailed description of the specific steps taken towards its implementation for November 2010. (3) Relevant committees of congress defined.--In this subsection, the term ``relevant committees of Congress'' has the meaning given such term in section 103A(e)(3) of the Uniformed and Overseas Citizens Absentee Voting Act, as added by subsection (a). SEC. 4. PROTECTING VOTER PRIVACY AND SECRECY OF ABSENTEE BALLOTS. Section 101(b) of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff(b)), as amended by section 3(b), is amended-- (1) by striking ``and'' at the end of paragraph (7); (2) by striking the period at the end of paragraph (8) and inserting ``; and''; and (3) by adding at the end the following new paragraph: ``(9) to the greatest extent practicable, take such actions as may be required to ensure that absent uniformed services voters who cast absentee ballots at locations or facilities under the Presidential designee's jurisdiction are able to do so in a private and independent manner, and take such actions as may be required to protect the privacy of the contents of absentee ballots cast by absent uniformed services voters and overseas voters while such ballots are in the Presidential designee's possession or control.''.

Military Voting Protection Act of 2009 - Amends the Uniformed and Overseas Citizens Absentee Voting Act to direct the Secretary of Defense (the presidential designee) to establish procedures for: (1) collecting marked absentee ballots of absent overseas uniformed services voters in regularly scheduled general elections for federal office; and (2) delivering such ballots to the appropriate state election officials. Requires the designee to: (1) ensure that such ballots are delivered prior to the time established for the closing of the polls on the date of the election; (2) carry out delivery requirements by utilizing the express mail delivery services of the U.S. Postal Service, which shall include a mechanism for ballot tracking; (3) inform individuals who are anticipated to be absent overseas uniformed services voters in such an election of the procedures for collection and delivery of marked absentee ballots established pursuant to this Act; and (4) take steps to ensure that such voters are able to cast their votes in a private and independent manner, and that vote contents remain private while in the designee's possession or control.

A bill to amend the Uniformed and Overseas Citizens Absentee Voting Act to improve procedures for the collection and delivery of marked absentee ballots of absent overseas uniformed service voters, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Judicial Mandate and Remedy Clarification Act''. SEC. 2. FINDINGS. The Congress finds that-- (1) a variety of effective and appropriate judicial remedies are available under existing law for the full redress of legal and constitutional violations, and the imposition, increase, levying, or assessment by the courts of taxes, or the courts' requiring the implementation of additional spending, is neither necessary nor appropriate for the full and effective exercise of remedies imposed by Federal courts with appropriate jurisdiction; (2) the imposition, increase, levying, or assessment of taxes by judicial order-- (A) is not an appropriate exercise of the judicial power under the Constitution; and (B) is incompatible with-- (i) the traditional principles of the laws and Government of the United States; and (ii) the basic American principle that taxation without representation is tyranny (because Federal courts are not elected officials and therefore are not answerable to the popular will); (3) when a Federal court issues an order that requires or results in the imposition, increase, levying, or assessment of any tax, or requires additional spending, the court-- (A) exceeds the proper boundaries of the limited jurisdiction and authority of Federal courts under the Constitution; and (B) intrudes on the legislative and political functions of a republican form of government, as guaranteed to every State of the Union under section 4 of article IV of the United States Constitution; (4) no court should enter an order or approve any settlement-- (A) remedying a legal or constitutional violation, by imposing, creating, increasing, levying, or assessing any tax; or (B) that has the effect of imposing, creating, increasing, levying, or assessing any tax; (5) a settlement agreement or order entered by a Federal court should be fashioned within the framework of the budgetary restraints of any affected State or political subdivision thereof; (6) the Congress retains the authority under sections 1 and 2 of article III of the United States Constitution to limit and regulate the jurisdiction of the inferior Federal courts, and such authority includes the power to limit the remedial authority of such courts; (7) notwithstanding paragraphs (1) through (6), the Congress acknowledges that in certain circumstances the Federal courts have abrogated constitutional authority with regard to judicially mandating a tax, levy, assessment, or additional spending measure in order to achieve a remedy, and-- (A) any such tax, levy, or assessment shall not be sustained; and (B) in the case of any such spending measure the mandate must be overturned unless specific requirements are met; (8) remedial injunctions formulated by the Federal courts, that require state or local government institutions to make improvements in the services they provide (otherwise known as ``structural injunctions''), in order to address a constitutional violation breach the principles of the separation of powers among the 3 branches of the Federal Government by circumventing the democratic decisionmaking process; (9) the Constitution does not permit the Federal courts to exercise their remedial powers to engage in the structural reform of local institutions and local governments; (10) for a court-ordered remedy to be effective, it necessarily requires political and public support; (11) if courts inject themselves into the political arena, they risk undermining their impartiality; (12) the Federal Government's duty to remedy a constitutional violation does not permit the Federal judiciary to exceed its authority; (13) as taxing is an independent power granted to the Congress by the Constitution, spending is not an independent power, but a qualification of that taxing power; and (14) appropriating public money in response to a judicial order that provides a remedy to a constitutional violation is a political function and should be determined by elected officials. SEC. 3. LIMITATION ON FEDERAL COURT REMEDIES. (a) In General.--Chapter 85 of title 28, United States Code, is amended by adding at the end the following new section: ``Sec. 1369. Limitation on Federal court remedies ``(a) Limitation on Court-Imposed Taxes.--No district court may enter any order or approve any settlement that requires any State, or political subdivision of a State, to impose, increase, levy, or assess any tax for the purpose of enforcing any Federal or State common law, statutory, or constitutional right or law, or has the effect of imposing, increasing, levying, or assessing any such tax. ``(b) Limitation on Court-Imposed Spending.--(1) No district court may enter any order or approve any settlement that requires any State, or political subdivision of a State, to implement a spending measure for the purpose of enforcing any Federal or State common law, statutory, or constitutional right or law, unless the court finds by clear and convincing evidence, that-- ``(A)(i) there are no other means available to remedy the violation of rights or laws; and ``(ii) the proposed spending measure is narrowly tailored to remedy the violation at issue; ``(B) the spending measure will not contribute to or exacerbate the violation intended to be remedied; ``(C) the proposed spending measure will not result in a loss of revenue for the political subdivision in which the spending measure is to be implemented; ``(D) the proposed spending measure will not result in the loss or depreciation of property values of the taxpayers who are affected; ``(E) the proposed spending measure will not conflict with the applicable laws of the State or political subdivisions concerned; and ``(F) plans submitted by State and local authorities will not effectively redress the violation at issue. ``(2) A finding under paragraph (1) shall be subject to immediate interlocutory de novo review. ``(3)(A) Notwithstanding any law or rule of procedure, any aggrieved corporation, unincorporated association, or other person residing or present in the State or political subdivision in which a spending measure is implemented in accordance with paragraph (1), and any other entity located within that State or political subdivision, shall have the right to intervene in any proceeding concerning the implementation of the spending measure. ``(B) A person or entity that intervenes pursuant to subparagraph (A) shall have the right to-- ``(i) present evidence and appear before the court to present oral and written testimony; and ``(ii) appeal any finding required to be made by this section, or any other related action taken to impose a spending measure that is the subject of the intervention. ``(4) For purposes of this section, the term `spending measure' means a law or other measure requiring the expenditure of funds for a particular purpose in addition to funds already available for that purpose. ``(c) Termination of Orders and Settlements.--Notwithstanding any law or rule of procedure, any order described in subsection (b)(1) that is entered by a district court, and any settlement described in subsection (b)(1) that is approved by a district court, shall automatically terminate on the date that is 1 year after the later of-- ``(1) the date on which the spending measure imposed by court order is first implemented; ``(2) the date of the enactment of this section; or ``(3) an earlier date, if the court determines that the violation of rights or laws has been cured to the extent practicable. Any new such order or settlement relating to the same issue is subject to all the requirements of this section. ``(d) State Preemption.--This section shall not be construed to preempt any law of a State or political subdivision thereof that imposes limitations on, or otherwise restricts the imposition or implementation of, a tax, levy, assessment, or appropriation that is imposed or implemented in response to a court order or settlement described in subsection (b)(1). ``(e) Notice to States and Political Subdivisions.--The court shall provide written notice to a State or political subdivision thereof subject to an order or settlement referred to in subsection (b)(1) with respect to any finding required to be made by the court under that subsection. Such notice shall be provided before the beginning of the next fiscal year of that State or political subdivision occurring after the order is issued or settlement approved. ``(f) Presumption.--There shall be a presumption that a spending measure required by a Federal court is not a narrowly tailored means of remedying violations of Federal or State rights or laws. ``(g) Technical Clarification.--For purposes of this section-- ``(1) the District of Columbia shall be considered to be a State; and ``(2) any Act of Congress applicable exclusively to the District of Columbia shall be considered to be a statute of the District of Columbia. ``(h) Effect of Supreme Court Decision.--Should the Supreme Court find that the imposition of a tax, levy, or assessment by, or a spending measure required by, a Federal judge is illegal or unconstitutional, nothing contained in this section shall be construed to otherwise make legal, validate, or approve of such a tax, levy, assessment, or spending measure.''. (b) Conforming Amendment.--The table of contents for chapter 85 of title 28, United States Code, is amended by adding after the item relating to section 1368 the following new item: ``1369. Limitation on Federal court remedies.''. (c) Statutory Construction.--Nothing contained in this Act or the amendments made by this Act shall be construed to make legal, validate, or approve the imposition of a tax, levy, or assessment by a Federal court or a spending measure required by a Federal court. SEC. 4. EFFECTIVE DATE. This Act and the amendments made by this Act shall apply with respect to any action or other proceeding in any Federal court that is pending on, or commenced on or after, the date of the enactment of this Act, and the 1-year limitation set forth in subsection (b) of section 1369 of title 28, United States Code, as added by section 3 of this Act, shall apply to any court order described in subsection (b)(1) of such section, that is in effect on the date of the enactment of this Act.

Judicial Mandate and Remedy Clarification Act - Amends the Federal judicial code to prohibit any district court from entering any order or approving any settlement that: (1) requires a State or political subdivision to impose, increase, levy, or assess a tax; or (2) has the effect of imposing, increasing, levying, or assessing any tax. Permits a district court to issue an order or approve a settlement that requires a State or political subdivision to implement a spending measure for the purpose of enforcing any Federal or State common law or statutory or constitutional right or law only if the court finds that specified conditions exist, including that: (1) there are no other means available to remedy the violation; (2) the spending measure is narrowly tailored to remedy the violation; and (3) plans submitted by State and local authorities will not effectively redress the violation. Sets forth provisions regarding: (1) judicial review of the court's findings; (2) a right of certain aggrieved persons, corporations, or unincorporated associations to intervene in proceedings concerning implementation of a spending measure; and (3) termination of any such order or settlement after one year or earlier if the court determines that the violation of rights has been cured to the extent practicable.

Judicial Mandate and Remedy Clarification Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fuel Price Fairness Act''. SEC. 2. DEFINITIONS. As used in this Act-- (1) the term ``Commission'' means the Federal Trade Commission; (2) the term ``integrated oil company'' has the meaning given such term in section 291(b)(4) of the Internal Revenue Code of 1986 (26 U.S.C. 291(b)(4)); and (3) the term ``refinery'' means any industrial plant located in the United States which is designed to serve the primary purpose of processing liquid fuel from crude oil or qualified fuels. SEC. 3. DECLARATION OF ENERGY PRICE EMERGENCY. (a) Declaration.--The Commission, in consultation with the Secretary of Energy, shall have the authority to declare a national or regional energy price emergency if the Commission finds that the health, safety, welfare, or economic well-being of the citizens of the United States, or a region of the United States, is at risk because of a shortage or imminent shortage of adequate supplies of crude oil, gasoline, diesel fuel, or home heating oil due to a disruption of national or regional distribution systems for crude oil, gasoline, natural gas, or petroleum distillates (including such a shortage related to a major disaster (as defined in section 102(2) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122))), or significant pricing anomalies in national or regional energy markets for crude oil, gasoline, diesel fuel, or home heating oil of a more than transient nature. (b) Information Sharing.--For purposes of monitoring the supplies of crude oil, gasoline, diesel fuel, or home heating oil in compliance with subsection (a), the Secretary of Energy shall permit the Commission to have regular and constant access to any information obtained by or in the possession of the Energy Information Administration. (c) Duration of Declared Emergency.--A national or regional price emergency declared under this section shall terminate not later than 30 days after such a declaration at the discretion of the Commission. SEC. 4. DISCLOSURE OR ENERGY PRICING DURING ENERGY PRICE EMERGENCY. During a declared national or regional energy price emergency, an integrated oil company or refinery shall-- (1) not later than 30 days after a declaration of such an emergency, disclose to the Commission the prevailing price of crude oil and wholesale price of refined gasoline, diesel, home heating oil, based on invoices, for each week during the period of 60 days immediately preceding the declaration of an energy emergency; and (2) not later than 15 days after a termination of such an emergency, disclose to the Commission the prevailing price of crude oil and wholesale price of refined gasoline, diesel, home heating oil, based on invoices, for each week of the period in which a national price emergency is in effect. SEC. 5. UNREASONABLE PRICING PROHIBITED. (a) Unlawful Retail Pricing.--During a national energy price emergency declared under section 3, or in a region declared to be in a regional energy price emergency under such section, it shall be unlawful for any person to sell at retail gasoline, diesel fuel, or home heating oil at an unreasonable price. (b) Unlawful Supply or Wholesale Pricing.--During a national energy price emergency declared under section 3, or in a region declared to be in a regional energy price emergency under such section, it shall be unlawful for any integrated oil company or refinery to sell crude oil or refined gasoline, diesel fuel, or home heating oil at an unreasonable price. (c) Unreasonable Price.--Not later than 60 days after the date of the enactment of this Act, the Federal Trade Commission shall, by rule, determine what shall constitutes an unreasonable price for purposes of subsections (a) and (b). (d) Enforcement Against Retailers.--A violation of subsection (a) shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). The Commission shall enforce such subsection (and the rule promulgated pursuant to subsection (c)) in the same manner, by the same means, and with the same jurisdiction as though all applicable terms and provisions of the Federal Trade Commission Act were incorporated into and made a part of this section. (e) Criminal Enforcement Against Oil Companies and Refineries.--Any person who violates subsection (b) shall be fined under title 18 an amount not more $2,000,000, or imprisoned for a period of not more 2 years, or both. SEC. 6. REPORT ON COMMODITIES MARKET. Not later than 1 year after enactment of this Act, the Federal Trade Commission shall conduct a study on the effects of increased and possible excess trading of oil and gasoline futures contracts on the rising cost of oil and gasoline commodities, and shall transmit a report of its findings to the House of Representatives and the Senate.

Fuel Price Fairness Act - Authorizes the Federal Trade Commission (FTC) to declare a national or regional energy price emergency if it finds that the health, safety, welfare, or economic well-being of U.S. citizens, or a region of the United States, is at risk because of a shortage or imminent shortage of adequate supplies of crude oil, gasoline, diesel fuel, or home heating oil due to a disruption of distribution systems for crude oil, gasoline, natural gas, or petroleum distillates, or significant pricing anomalies in national or regional energy markets for those products are more than temporary. Requires an integrated oil company or refinery to disclose to the FTC during such emergency: (1) the prevailing price of crude oil and wholesale price of refined gasoline, diesel, home heating oil, based on invoices, for each week during the period of 60 days immediately preceding the declaration of an energy emergency; and (2) the prevailing price of crude oil and wholesale price of refined gasoline, diesel, home heating oil, based on invoices, for each week of the period in which a national price emergency is in effect. Declares unlawful during such a national energy price emergency: (1) for any person to sell at retail gasoline, diesel fuel, or home heating oil at an unreasonable price; and (2) for any integrated oil company or refinery to sell those products at an unreasonable price. Subjects such integrated oil company or refinery to criminal penalties for violations of this Act. Grants the FTC enforcement powers under this Act.

To ensure fairness in gasoline, diesel fuel, and home heating oil prices.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Financial Markets Commission Act of 2009''. SEC. 2. ESTABLISHMENT OF COMMISSION. There is established in the legislative branch the Financial Markets Commission (in this Act referred to as the ``Commission'') to examine all causes, domestic and global, of the current financial and economic crisis in the United States. SEC. 3. COMPOSITION OF THE COMMISSION. (a) Members.--The Commission shall be composed of 7 members, of whom-- (1) 2 members shall be appointed by the President; (2) 1 member shall be appointed by the majority leader of the Senate; (3) 1 member shall be appointed by the Speaker of the House of Representatives; (4) 1 member shall be appointed by the minority leader of the Senate; (5) 1 member shall be appointed by the minority leader of the House of Representatives; and (6) 1 member shall be appointed by the Chairman of the Board of Governors of the Federal Reserve System. (b) Qualifications.--It is the sense of Congress that individuals appointed to the Commission should be United States citizens with national recognition and significant depth of experience in such fields as governmental regulation, finance, economics, and housing. (c) Chairperson; Vice Chairperson.-- (1) In general.--Subject to the requirement of paragraph (2), the Chairperson and Vice Chairperson of the Commission shall be elected by the members. (2) Political party affiliation.--The Chairperson and Vice Chairperson shall not be from the same political party. (d) Initial Meeting.--If 45 days after the date of enactment of this Act, 4 or more members of the Commission have been appointed, those members who have been appointed may meet and, if necessary, select a temporary Chairperson and Vice Chairperson, who may begin the operations of the Commission, including the hiring of staff. (e) Quorum; Vacancies.--After the initial meeting of the Commission, the Commission shall meet upon the call of the Chairperson or a majority of its members. Four members of the Commission shall constitute a quorum. Any vacancy on the Commission shall not affect its powers, but shall be filled in the same manner in which the original appointment was made. SEC. 4. FUNCTIONS OF THE COMMISSION. The functions of the Commission are-- (1) to examine all causes, domestic and global, of the current financial and economic crisis in the United States, including the collapse of major financial and commercial firms and the deterioration of the credit and housing markets; (2) to investigate the role in the financial and economic crisis, if any, of-- (A) the Securities and Exchange Commission; (B) nationally recognized statistical rating organizations, as that term is defined in section 3(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)); (C) the Commodity Futures Trading Commission; (D) the Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation; (E) trading facilities for commodities, as those terms are defined in section 1a of the Commodity Exchange Act (7 U.S.C. 1a), and self-regulatory organizations, as that term is defined in section 3 of the Securities Exchange Act of 1934 (15 U.S.C. 78c); (F) the Federal banking agencies, as that term is defined in section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813); (G) any financial or commercial corporation, partnership, or entity; and (H) any other governmental or non-governmental entity; (3) to submit a report under section 8 of this Act; and (4) to refer to the Attorney General of the United States and any appropriate State attorney general any person that the Commission finds may have violated the laws of the United States in relation to such crisis. SEC. 5. POWERS OF THE COMMISSION. (a) Hearings and Evidence.--The Commission may, for purposes of carrying out this Act-- (1) hold hearings, sit and act at times and places, take testimony, receive evidence, and administer oaths; and (2) require, by subpoena or otherwise, the attendance and testimony of witnesses and the production of books, records, correspondence, memoranda, papers, and documents. (b) Subpoenas.-- (1) Service.--Subpoenas issued under subsection (a)(2) may be served by any person designated by the Commission. (2) Enforcement.-- (A) In general.--In the case of contumacy or failure to obey a subpoena issued under subsection (a)(2), the United States district court for the judicial district in which the subpoenaed person resides, is served, or may be found, or where the subpoena is returnable, may issue an order requiring such person to appear at any designated place to testify or to produce documentary or other evidence. Any failure to obey the order of the court may be punished by the court as a contempt of that court. (B) Additional enforcement.--Sections 102 through 104 of the Revised Statutes of the United States (2 U.S.C. 192 through 194) shall apply in the case of any failure of any witness to comply with any subpoena or to testify when summoned under the authority of this section. (c) Contracting.--The Commission may enter into contracts to enable the Commission to discharge its duties under this Act. (d) Information From Federal Agencies.--The Commission may secure directly from any department, agency, or instrumentality of the United States any information related to any inquiry of the Commission conducted under this Act. Each such department, agency, or instrumentality shall, to the extent authorized by law, furnish such information directly to the Commission upon request. (e) Assistance From Federal Agencies.-- (1) Department of the treasury.-- (A) In general.--The Secretary of the Treasury shall provide all amounts necessary to defray the costs and provide administrative support and other services to the Commission for the performance of the functions of the Commission. (B) Limitation.--The value of the assistance required to be provided by the Secretary of the Treasury under this paragraph may not exceed $3,000,000. (2) Other departments and agencies.--In addition to the assistance prescribed in paragraph (1), departments and agencies of the United States are authorized to provide to the Commission such services, funds, facilities, staff, and other support services as they may determine advisable and as may be authorized by law. (f) Gifts.--The Commission may accept, use, and dispose of gifts or donations of services or property. (g) Postal Services.--The Commission may use the United States mails in the same manner and under the same conditions as departments and agencies of the United States. (h) Powers of Subcommittees, Members, and Agents.--Any subcommittee, member, or agent of the Commission may, if authorized by the Commission, take any action which the Commission is authorized to take by this section. SEC. 6. STAFF OF THE COMMISSION. (a) Director.--The Commission shall have a Director who shall be appointed by the Chairperson and the Vice Chairperson, acting jointly. (b) Staff.--The Chairperson, in consultation with the Vice Chairperson, may appoint additional personnel as may be necessary to enable the Commission to carry out its functions. (c) Applicability of Certain Civil Service Laws.--The Director and staff of the Commission may be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, except that no rate of pay fixed under this subsection may exceed the equivalent of that payable for a position at level V of the Executive Schedule under section 5316 of title 5, United States Code. Any individual appointed under subsection (a) or (b) shall be treated as an employee for purposes of chapters 63, 81, 83, 84, 85, 87, 89, 89A, 89B, and 90 of that title. (d) Detailees.--Any Federal Government employee may be detailed to the Commission without reimbursement from the Commission, and such detailee shall retain the rights, status, and privileges of his or her regular employment without interruption. (e) Consultant Services.--The Commission is authorized to procure the services of experts and consultants in accordance with section 3109 of title 5, United States Code, but at rates not to exceed the daily rate paid a person occupying a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code. SEC. 7. COMPENSATION AND TRAVEL EXPENSES. (a) Compensation.--Each member of the Commission may be compensated at not to exceed the daily equivalent of the annual rate of basic pay in effect for a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day during which that member is engaged in the actual performance of the duties of the Commission. (b) Travel Expenses.--While away from their homes or regular places of business in the performance of services for the Commission, members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in the Government service are allowed expenses under section 5703(b) of title 5, United States Code. SEC. 8. REPORTS OF THE COMMISSION; TERMINATION. (a) Final Report.--Not later than 1 year after the date of the first meeting of the Commission, the Commission shall submit to the President and Congress a final report containing-- (1) the findings and conclusions of the Commission on the causes of the current financial and economic crisis in the United States; and (2) such findings, conclusions, and recommendations for statutory and regulatory changes as a majority of Commission members finds are necessary to prevent a financial and economic crisis comparable to the current financial and economic crisis in the United States. (b) Interim Reports.--At any time after the first meeting of the Commission, the Commission may submit to the President and Congress an interim report containing such findings, conclusions, and recommendations for corrective measures as have been agreed to by a majority of Commission members. (c) Termination.-- (1) In general.--The Commission, and all the authorities of this Act, shall terminate 60 days after the date on which the final report is submitted under subsection (a). (2) Administrative activities before termination.--The Commission may use the 60-day period referred to in paragraph (1) for the purpose of concluding its activities, including providing testimony to committees of Congress concerning its reports and disseminating the final report submitted under subsection (a).

Financial Markets Commission Act of 2009 - Establishes in the legislative branch the Financial Markets Commission to: (1) examine all causes, domestic and global, of the current financial and economic crisis in the United States, including the collapse of major financial and commercial firms and the deterioration of the credit and housing markets; and (2) investigate the role in the crisis, if any, of the Securities and Exchange Commission (SEC), nationally recognized statistical rating organizations, the Commodity Futures Trading Commission (CFTC), the Federal National Mortgage Association (Fannie Mae) and the Federal Home Loan Mortgage Corporation (Freddie Mac), trading facilities for commodities and self-regulatory organizations, the federal banking agencies, any financial or commercial corporation, partnership, or entity, and any other governmental or non-governmental entity. Requires the Commission to: (1) report its findings and recommendations to the President and Congress; and (2) refer to the U.S. Attorney General and any appropriate state attorney general any person that the Commission finds may have violated federal laws in relation to the crisis.

A bill to establish a Financial Markets Commission, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Antimicrobial Pesticide Registration Reform Act of 1995''. SEC. 2. REFERENCE. Whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Federal Insecticide, Fungicide, and Rodenticide Act. SEC. 3. ANTIMICROBIAL PRODUCTS. (a) Definitions.--Amendments to the Act.--Section 2 (7 U.S.C. 136) is amended by adding at the end the following new subsection: ``(hh) Antimicrobial Pesticide.--The term `antimicrobial pesticide' means a pesticide, including but not limited to an antimicrobial active ingredient or an antimicrobial end-use product (including composition, packaging, and labeling), that-- ``(1) is intended to-- ``(A) disinfect, sanitize, reduce, or mitigate growth or development of microbiological organisms; or ``(B) protect inanimate objects, industrial processes or systems, surfaces, water or other chemical substances from contamination, degradation, fouling, inefficiency, or deterioration caused by microbiological organisms (including, but not limited to bacteria, viruses, fungi, algae or composite slime); and ``(2) in the intended use is exempt from, or otherwise not subject to, a tolerance under section 408 or section 409 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 346a or 348).''. (b) Requirements for Registration.--Section 3 (7 U.S.C. 136a) is amended by adding at the end the following new subsection: ``(g) Registration Requirements for Antimicrobial Pesticides.-- ``(1) Evaluation of process.--The Administrator shall identify and evaluate reforms to the antimicrobial registration process that will reduce current review periods for-- ``(A) new antimicrobial active ingredients; ``(B) new antimicrobial end-use products; ``(C) substantially similar or identical antimicrobial pesticides; and ``(D) amendments to existing antimicrobial pesticide registrations; by the maximum extent practicable consistent with the degree and type of review appropriate to the risks presented by the antimicrobial pesticide. ``(2) Review time period reduction goal.--The reforms identified under paragraph (1) shall be designed to achieve the goal of reducing the review periods for each of the antimicrobial pesticide registration actions described below to the shorter of either a 75 percent reduction from the current review time period or the following specific review periods: ``(A) 12 months for a new antimicrobial active ingredient pesticide registration. ``(B) 6 months for a new antimicrobial use of a registered active ingredient. ``(C) 3 months for a new antimicrobial use of a registered end-use product. ``(D) 3 months for a new antimicrobial end-use product registration. ``(E) 3 months for a substantially similar or identical antimicrobial product. ``(F) 3 months for an amendment to a current antimicrobial registration that requires scientific review of data. ``(G) 1 month for an application for an amendment to a current antimicrobial registration that does not require scientific review of data. ``(3) Advance notice of proposed rulemaking.--Not later than 90 days after the date of enactment of this subsection, the Administrator shall publish in the Federal Register an advance notice of proposed rulemaking to solicit input for rulemaking to-- ``(A) define the different classes of antimicrobial use patterns, including but not limited to household and similarly-formulated industrial and institutional disinfectants and sanitizing pesticides, preservatives, water treatment, and pulp and paper mill additives; ``(B) differentiate the types of review (such as those described in paragraphs (1) and (2)) undertaken for antimicrobial pesticides; ``(C) conform and degree and type of review to the risks and benefits presented by antimicrobial pesticides and the function of review under this Act considering the use patterns of the product, toxicity, and product type; ``(D) ensure that the review process is sufficient to maintain antimicrobial pesticide efficacy and that household and similarly-formulated industrial and institutional disinfectant and sanitizing pesticides continue to meet product performance standards and specific effectiveness levels reflected in subdivision G of the Agency's Pesticide Assessment Guidelines for each type of label claim made; and ``(E) implement effective deadlines for process management, that can be relied upon by both the registrant and the Agency. ``(4) Implementation.-- ``(A) Regulations.--Within 1 year of the date of enactment of this subsection, the Administrator shall propose regulations, to be effective within 180 days of their publication in the Federal Register, to carry out and meet the goals set forth in paragraph (2). The Administrator shall consider the establishment of a certification process for regulatory actions involving risks that can be responsibly managed consistent with their degree in the most cost efficient manner. The Administrator shall also consider, as an adjunct to the review process, the establishment of a certification process by approved laboratories. In addition to considering certification processes, the Administrator shall also utilize all appropriate and cost effective review mechanisms, including-- ``(i) expanded use of notification and non- notification procedures; ``(ii) revised procedures for application review; and ``(iii) allocation of appropriate and sufficient resources to ensure streamlined management of antimicrobial pesticide registrations. ``(B) Transition period.--In the case of an antimicrobial pesticide application filed after 90 days after the date of enactment of this subsection, the following shall apply: ``(i) The review period for the registration of an antimicrobial end-use pesticide that, if registered as proposed, would be substantially similar or identical in composition and labeling to a currently- registered antimicrobial pesticide identified in the application, or that would differ in composition and labeling from such currently- registered antimicrobial pesticide only in ways that would not significantly increase the risk of unreasonable adverse effects on the environment, shall be not more than 135 days. ``(ii) The review period for an amendment to a current registration that does not require scientific review of data shall be no more than 135 days. ``(iii) No rule promulgated under subparagraph (A) may extend, absent consent of the registrant, the time periods established under this subparagraph. ``(C) Alternative review periods.--In the case of antimicrobial pesticide applications other than those described in subparagraph (B), if the final rules to carry out this paragraph are not effective 545 days after the date of enactment of this subsection, the following review periods, beginning on the date of receipt by the Agency of a complete application, shall apply: ``(i) 18 months for a new active ingredient pesticide registration. ``(ii) 12 months for a new use of a registered active ingredient. ``(iii) 6 months for a new use of a registered end-use product. ``(iv) 6 months for a new end-use product registration. ``(v) 135 days for a substantially similar or identical product. ``(vi) 6 months for an amendment to a current registration that requires scientific review of data. ``(vii) 135 days for an application for an amendment to a current registration that does not require scientific review of data. ``(D) Notification.-- ``(i) In general.--The Administrator shall notify the registrant prior to the end of the appropriate review period specified in subparagraph (B) or (C) whether an application has been granted or denied. ``(ii) Final decision.--If the Administrator fails to timely notify the registrant under clause (i) whether an application has been granted or denied, the application shall be deemed to be denied and such denial shall be considered a final agency action subject to judicial review under section 551 of title 5, United States Code, et seq. ``(E) Oversight.--The Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate shall thereafter conduct such oversight as is necessary to ensure that the reform goal for the antimicrobial registration process are met. ``(5) Annual report.--Not later than March 1 of each year after date of enactment of this subsection until the reform goals specified in this subsection have been achieved, the Administrator shall prepare and submit an annual report to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate. This report shall include those measures taken to reduce the backlog of pending registration applications, progress toward achieving the reforms, and recommendations to improve the activities of the Agency pertaining to antimicrobial registrations.''. ``(c) Label and Labeling Statements.--Section 3(c) (7 U.S.C. 136a(c)) is amended by adding at the end the following new paragraph: ``(9) Label and labeling statements.-- ``(A) Additional statements.--A registrant of an antimicrobial pesticide may not change the label or labeling statements required under this Act or by regulation including the pesticidal claims, ingredient statement, directions for use, warning and caution statements and Agency registration numbers, without the approval of the Administrator. A registrant of an antimicrobial pesticide may make or alter other label or labeling statements or amendments that are truthful and not misleading and that do not relate to or affect such required label or labeling statements. ``(B) Use dilution.--For antimicrobial pesticides that are or may be diluted for use, the label or labeling required under this Act may have a different statement of caution or protective measures for use of recommended diluted solutions of the pesticide than for the use of concentrates of the pesticide. Such a precautionary statement shall provide adequate protection for exposure to the diluted solution of the pesticide.''. (d) Disposal and Household and Similarly Formulated Industrial and Institutional Disinfectant and Sanitizer Products.--Section 19(h) (7 U.S.C. 136q(h)) is amended by adding at the end the following new sentence: ``Household and similarly-formulated industrial and institutional disinfectant and sanitizer products which are not otherwise subject to regulation under the Solid Waste Disposal Act (42 U.S.C. 6901 et. seq.) shall not be subject to regulation under this section.''. (e) Data Coordination and Synchronization.--Section 3(c)(2)(B) (7 U.S.C. 136a(c)(2)(B)) is amended by adding at the end the following new clause: ``(vi) Whenever data of a type specified in the guidelines published under subparagraph (A) is requested by one or more State or Federal agencies, the Administrator shall, to the extent practicable, share data and information and shall coordinate and synchronize such data requests including, but not limited to, test protocols, timetables, and standards of review among the agencies so as to reduce burdens and to avoid unnecessary repetition and redundancy. In addition, within one year after the date of enactment of this clause, the Administrator shall, by rule, develop and implement procedures for such coordination and synchronization by the Administrator so as to result in identical and concurrent data requirements by all the agencies. Nothing in this clause shall be interpreted as affecting the authority of States to regulate pesticides as provided in section 24(a).''.

Antimicrobial Pesticide Registration Reform Act of 1995 - Amends the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) to direct the Administrator of the Environmental Protection Agency to identify and evaluate changes to the process for registration of antimicrobial pesticides that will reduce current time periods for review. Prohibits a registrant of an antimicrobial pesticide from changing the label or labeling statements required under FIFRA or by regulation without the approval of the Administrator, but allows labeling or labeling alteration that is truthful and not misleading if it is unrelated to such requirements. Exempts from applicability of FIFRA storage, disposal, transportation, and recall requirements household and similarly formulated industrial and institutional disinfectant and sanitizer products not otherwise subject to regulation under the Solid Waste Disposal Act. Directs the Administrator to: (1) share data and information and coordinate and synchronize data requests whenever data in support of a pesticide registration is requested by one or more State or Federal agencies; and (2) develop and implement procedures for such coordination to reduce burdens and avoid unnecessary repetition and redundancy.

Antimicrobial Pesticide Registration Reform Act of 1995

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Maritime Hazardous Cargo Security Act''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. International committee for the safe and secure transportation of especially hazardous cargo. Sec. 3. Validation of compliance with ISPFC standards. Sec. 4. Safety and security assistance for foreign ports. Sec. 5. Coast Guard port assistance program. Sec. 6. EHC facility risk-based cost sharing. Sec. 7. Transportation security incident mitigation plan. Sec. 8. Coast Guard national resource allocation plan. Sec. 9. Incident command system training. Sec. 10. Conveyance of certain National Defense Reserve Fleet Vessels. Sec. 11. Pre-positioning interoperable communications equipment at interagency operational centers. Sec. 12. Definitions. SEC. 2. INTERNATIONAL COMMITTEE FOR THE SAFE AND SECURE TRANSPORTATION OF ESPECIALLY HAZARDOUS CARGO. (a) In General.--Chapter 701 of title 46, United States Code, is amended by inserting after section 70109 the following: ``Sec. 70109A. International committee for the safe and secure transportation of especially hazardous cargo ``(a) In General.--The Secretary, in consultation with the Secretary of State and other appropriate entities, shall, in a manner consistent with international treaties, conventions, and agreements to which the United States is a party, establish a committee that includes representatives of United States trading partners that supply tank or break-bulk shipments of especially hazardous cargo to the United States. ``(b) Safe and Secure Loading, Unloading, and Transportation of Especially Hazardous Cargoes.--In carrying out this section, the Secretary, in cooperation with the International Maritime Organization and in consultation with the International Standards Organization and shipping industry stakeholders, shall develop protocols, procedures, standards, and requirements for receiving, handling, loading, unloading, vessel crewing, and transportation of especially hazardous cargo to promote the safe and secure operation of ports, facilities, and vessels that transport especially hazardous cargo to the United States. ``(c) Deadlines.--The Secretary shall-- ``(1) initiate the development of the committee within 180 days after the date of enactment of the Maritime Hazardous Cargo Security Act; and ``(2) endeavor to have the protocols, procedures, standards, and requirements developed by the committee take effect within 3 years after the date of enactment of that Act. ``(d) Reports.--The Secretary shall report annually to the Senate Committee on Commerce, Science, and Transportation, the House of Representatives Committee on Transportation and Infrastructure, and the House of Representatives Committee on Homeland Security on the development, implementation, and administration of the protocols, procedures, standards, and requirements developed by the committee established under subsection (a).''. (b) Conforming Amendment.--The chapter analysis for chapter 701 of title 46, United States Code, is amended by inserting after the item relating the section 70109 the following: ``70109A. International committee for the safe and secure transportation of especially hazardous cargo.''. SEC. 3. VALIDATION OF COMPLIANCE WITH ISPFC STANDARDS. (a) In General.--Chapter 701 of title 46, United States Code, is amended by inserting after section 70110 the following: ``70110A. Port safety and security validations ``(a) In General.--The Secretary, in consultation with the Secretary of State, shall, in a manner consistent with international treaties, conventions, and agreements to which the United States is a party, develop and implement a voluntary program under which foreign ports and facilities can certify their compliance with applicable International Ship and Port Facility Code standards. ``(b) Third-Party Validation.-- ``(1) In general.--In carrying out this section, the Secretary, in cooperation with the International Maritime Organization and the International Standards Organization, shall develop and implement a program under which independent, third-party entities are certified to validate a foreign port's or facility's compliance under the program developed under subsection (a). ``(2) Program components.--The international program shall include-- ``(A) international inspection protocols and procedures; ``(B) minimum validation standards to ensure a port or facility meets the applicable International Ship and Port Facility Code standards; ``(C) recognition for foreign ports or facilities that exceed the minimum standards; ``(D) uniform performance metrics by which inspection validations are to be conducted; ``(E) a process for notifying a port or facility, and its host nation, of areas of concern about the port's or facility's failure to comply with International Ship and Port Facility Code standards; ``(F) provisional or probationary validations; ``(G) conditions under which routine monitoring is to occur if a port or facility receives a provisional or probationary validation; ``(H) a process by which failed validations can be appealed; and ``(I) an appropriate cycle for re-inspection and validation. ``(c) Certification of Third Party Entities.--The Secretary may not certify a third party entity to validate ports or facilities under subsection (b) unless-- ``(1) the entity demonstrates to the satisfaction of the Secretary the ability to perform validations in accordance with the standards, protocols, procedures, and requirements established by the program implemented under subsection (a); and ``(2) the entity has no beneficial interest in or any direct control over the port and facilities being inspected and validated. ``(d) Monitoring--The Secretary shall regularly monitor and audit the operations of each third party entity conducting validations under this section to ensure that it is meeting the minimum standards, operating protocols, procedures, and requirements established by international agreement. ``(e) Revocation.--The Secretary shall revoke the certification of any entity determined by the Secretary not to meet the minimum standards, operating protocol, procedures, and requirements established by international agreement for third party entity validations. ``(f) Protection of Security and Proprietary Information.--In carrying out this section, the Secretary shall take appropriate actions to protect from disclosure information that-- ``(1) is security sensitive, proprietary, or business sensitive; or ``(2) is otherwise not appropriately in the public domain. ``(g) Deadlines.--The Secretary shall-- ``(1) initiate procedures to carry out this section within 180 days after the date of enactment of the Maritime Hazardous Cargo Security Act; and ``(2) develop standards under subsection (b) for third party validation within 2 years after the date of enactment of that Act. ``(h) Reports.--The Secretary shall report annually to the Senate Committee on Commerce, Science, and Transportation, the House of Representatives Committee on Transportation and Infrastructure, and the House of Representatives Committee on Homeland Security on activities conducted pursuant to this section.''. (c) Conforming Amendment.--The chapter analysis for chapter 701 of title 46, United States Code, is amended by inserting after the item relating to section 70110 the following: ``70110A. Port safety and security validations.''. SEC. 4. SAFETY AND SECURITY ASSISTANCE FOR FOREIGN PORTS. (a) In General.--Section 70110(e)(1) of title 46, United States Code, is amended by striking the second sentence and inserting the following: ``The Secretary shall establish a strategic plan to utilize those assistance programs to assist ports and facilities that are found by the Secretary under subsection (a) not to maintain effective antiterrorism measures in the implementation of port security antiterrorism measures.''. (b) Conforming Amendments.-- (1) Section 70110 of title 46, United States Code, is amended-- (A) by inserting ``OR FACILITIES'' after ``PORTS'' in the section heading; (B) by inserting ``or facility'' after ``port'' each place it appears; and (C) by striking ``Ports'' in the heading for subsection (e) and inserting ``Ports, Facilities,''. (2) The chapter analysis for chapter 701 of title 46, United States Code, is amended by striking the item relating to section 70110 and inserting the following: ``70110. Actions and assistance for foreign ports or facilities and United States territories.''. SEC. 5. COAST GUARD PORT ASSISTANCE PROGRAM. Section 70110 of title 46, United States Code, is amended by adding at the end thereof the following: ``(f) Coast Guard Lend-Lease Assistance.-- ``(1) In general.--The Secretary may lend, lease, or otherwise provide equipment, and provide technical training and support, to the owner or operator of a foreign port or facility-- ``(A) to assist in bringing the port or facility into compliance with applicable International Ship and Port Facility Code standards; ``(B) to assist the port or facility in meeting standards established under section 70109A of this chapter; and ``(C) to assist the port or facility in exceeding the standards described in subparagraph (A) and (B). ``(2) Conditions.--The Secretary-- ``(A) shall provide such assistance based upon an assessment of the risks to the security of the United States and the inability of the owner or operator of the port or facility otherwise to bring the port or facility into compliance with those standards and to maintain compliance with them; but ``(B) may not provide such assistance unless the facility or port has been subjected to a comprehensive port security assessment by the Coast Guard or a third party entity certified by the Secretary under section 70110A(b) to validate foreign port or facility compliance with International Ship and Port Facility Code standards. ``(3) Deadline.--The Secretary shall identify ports and facilities that qualify for assistance under this subsection within 180 days after the date of enactment of the Maritime Hazardous Cargo Security Act. ``(4) Authorization of appropriations.--There are authorized to be appropriated to the Secretary such sums as may be necessary to carry out this subsection.''. SEC. 6. EHC FACILITY RISK-BASED COST SHARING. The Commandant shall identify facilities sited or constructed on or adjacent to the navigable waters of the United States that receive, handle, load, or unload especially hazardous cargos that pose a risk greater than an acceptable risk threshhold, as determined by the Secretary under a uniform risk assessment methodology. The Secretary may establish a security cost-share plan to assist the Coast Guard in providing security for the transportation of especially hazardous cargo to such facilities. SEC. 7. TRANSPORTATION SECURITY INCIDENT MITIGATION PLAN. Section 70103(b)(2) of title 46, United States Code, is amended-- (1) by redesignating subparagraphs (E) through (G) as subparagraphs (F) through (H), respectively; and (2) by inserting after subparagraph (D) the following: ``(E) establish regional response and recovery protocols to prepare for, respond to, mitigate against, and recover from a transportation security incident consistent with section 202 of the Security and Accountability for Every Port Act of 2006 (6 U.S.C. 942) and section 70103(a) of title 46, United States Code;''. SEC. 8. COAST GUARD NATIONAL RESOURCE ALLOCATION PLAN. The Commandant shall develop a national resource allocation plan for Coast Guard assets and resources necessary to meet safety and security requirements associated with receiving, handling, and loading especially hazardous cargo at United States ports and facilities, taking into account the Coast Guard assets and resources necessary to execute other Coast Guard missions. The Secretary shall submit the plan to the Congress at the same time as the President submits the Budget of the United States for fiscal year 2009, together with an estimate of the operational and capital costs required to assure an acceptable level of safety and security under the plan. SEC. 9. INCIDENT COMMAND SYSTEM TRAINING. The Secretary shall ensure that Federal, State, and local personnel responsible for the safety and security of vessels in port carrying especially hazardous cargo have successfully completed training in the Coast Guard's incident command system. SEC. 10. CONVEYANCE OF CERTAIN NATIONAL DEFENSE RESERVE FLEET VESSELS. Section 57102 of title 46, United States Code, is amended-- (1) by striking ``vessel or sell the vessel for cash.'' in subsection (a) and inserting ``vessel, sell the vessel for cash, or convey the vessel under subsection (c) to the owner or operator of a port.''; and (2) by adding at the end thereof the following: ``(c) Conveyance to Port Authority.--The Secretary, after consultation with the Maritime Administration, may convey a vessel described in subsection (a) to the owner or operator of a United States or foreign port-- ``(1) for use in safety or security operations at that port; ``(2) with or without compensation; and ``(3) subject to such limitations on its use and further disposition as the Secretary determines to be appropriate.''. SEC. 11. PRE-POSITIONING INTEROPERABLE COMMUNICATIONS EQUIPMENT AT INTERAGENCY OPERATIONAL CENTERS. Section 70107A of title 46, United States Code, is amended-- (1) by redesignating subsections (e) and (f) as subsections (f) and (g), respectively; and (2) by inserting after subsection (d) the following: ``(e) Deployment of Interoperable Communications Equipment at Interagency Operational Centers.-- ``(1) In general.--The Secretary shall ensure that interoperable communications technology is deployed at all interagency operational centers established under subsection (a). ``(2) Considerations.--In carrying out paragraph (1), the Secretary shall consider the continuing technological evolution of communications technologies and devices, with its implicit risk of obsolescence, and shall ensure, to the maximum extent feasible, that a substantial part of the technology deployed involves prenegotiated contracts and other arrangements for rapid deployment of equipment, supplies, and systems rather than the warehousing or storage of equipment and supplies currently available at the time the technology is deployed. ``(3) Requirements and characteristics.--The interoperable communications technology deployed under paragraph (1) shall-- ``(A) be capable of re-establishing communications when existing infrastructure is damaged or destroyed in an emergency or a major disaster; ``(B) include appropriate current, widely-used equipment, such as Land Mobile Radio Systems, cellular telephones and satellite equipment, Cells-On-Wheels, Cells-On-Light-Trucks, or other self-contained mobile cell sites that can be towed, backup batteries, generators, fuel, and computers; ``(C) include contracts (including prenegotiated contracts) for rapid delivery of the most current technology available from commercial sources; ``(D) include arrangements for training to ensure that personnel are familiar with the operation of the equipment and devices to be delivered pursuant to such contracts; and ``(E) be utilized as appropriate during live area exercises conducted by the United States Coast Guard. ``(4) Additional characteristics.--Portions of the communications technology deployed under paragraph (1) may be virtual and may include items donated on an in-kind contribution basis. ``(5) Rule of construction.--Nothing in this subsection shall be construed or interpreted to preclude the use of funds under this section by the Secretary for interim or long-term Internet Protocol-based interoperable solutions, notwithstanding compliance with the Project 25 standard.''. SEC. 12. DEFINITIONS. In this Act: (1) Commandant.--The term ``Commandant'' means the Commandant of the Coast Guard. (2) Especially hazardous cargo.--The t

Maritime Hazardous Cargo Security Act - Amends port security provisions to direct the Secretary of the department in which the Coast Guard is operating to: (1) establish an international committee for the safe and secure handling and transportation of especially hazardous cargo to the United States; (2) develop and implement a voluntary program under which foreign ports and facilities can certify their compliance with International Ship and Port Facility Code (ISPFC) standards (including a program under which independent, third-party entities are certified to validate such ports' and facilities' compliance with such standards); and (3) establish a strategic plan (under current law, program) to utilize assistance programs to assist foreign ports and facilities that lack effective antiterrorism measures in implementing port security antiterrorism measures. Authorizes the Coast Guard (CG) to lend, lease, or otherwise provide equipment and technical training and support to foreign ports and facilities to assist them in complying, and validating such compliance, with ISPFC standards. Authorizes the Secretary to establish a security cost-share plan to assist the CG in providing security for the transportation of especially hazardous cargo to facilities located on or adjacent to U.S. navigable waters. Includes the establishing of regional response and recovery protocols to prepare for, respond to, mitigate against, and recover from a transportation security incident in area maritime transportation security plans. Directs the CG Commandant to develop a CG national resource allocation plan to meet safety and security requirements associated with the handling of especially hazardous cargo at U.S. ports and facilities. Directs the Secretary to ensure that federal, state, and local personnel responsible for the safety and security of vessels in port carrying especially hazardous cargo complete CG incident command system training. Authorizes the Secretary to convey (with or without compensation) national defense reserve fleet vessels to owners or operators of U.S. or foreign ports for use in port safety or security operations. Directs the Secretary to ensure that interoperable communications technology is deployed at all interagency operational centers for port security located at high-priority ports.

A bill to amend title 46, United States Code, to improve port safety and security for especially hazardous cargos, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Public Schools Renewal and Improvement Act of 1997''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--The Congress finds the following: (1) Although the majority of our Nation's elementary and secondary public schools provide high quality education for our children, many schools need additional resources to implement immediate assistance and reform to enable them to provide a basic and safe education for their students. (2) The Government Accounting Office recently found that \1/3\ of all elementary and secondary schools in the United States, serving 14,000,000 students, need extensive repair and renovation. (3) Recent reform of under-achieving schools in a number of States and school districts demonstrates that parents, teachers, school administrators, other educators, and local officials, given adequate resources and expertise, can succeed in dramatically improving public education and creating high performance schools. (4) Such reform efforts show that parental and community involvement in those reforms is indispensable to the objective of high quality, safe, and accountable schools. (5) Despite the successes of such reforms, public schools are facing tremendous challenges in educating children for the 21st century. The elementary and secondary school population will grow by 10 percent by the year 2005, and over the next 10 years, schools will need more than 2,000,000 additional teachers to meet the demands of such expected enrollments. (6) Almost 7 of 10 Americans support increased Federal assistance to our Nation's public schools, and that support crosses all boundaries, including cities, towns, and rural areas. (7) When Federal investment in public schools and children has increased, test scores have improved, and high school graduation rates and college enrollments have increased. (8) The Federal Government should encourage communities that demonstrate a strong commitment to restore and reform their public schools. (b) Purpose.--It is the purpose of this Act to assist local communities that are taking the initiative-- (1) to overcome adverse conditions in their public schools; (2) to revitalize their public schools in accordance with local plans to achieve higher academic standards and safer and improved learning environments; and (3) to ensure that every community public school provides a quality education for all students. SEC. 3. DEFINITIONS. For purposes of this Act: (1) Consortium.--The term ``consortium'' means a local schools consortium as defined in paragraph (2). (2) Local schools consortium.--The term ``local schools consortium'' means the local educational agency in collaboration with a group composed of affected parents, students, and representatives of teachers, school employees and administrators, local business and community leaders and representative of local higher education group working or residing within the boundary of a local educational agency. (3) Parent.--The term ``parent'' includes any of the following: (A) A grandparent. (B) A legal guardian. (C) Any other person standing in loco parentis. (3) Plan.--The term ``plan'' means a 3-year public schools renewal and improvement plan described in section 5. (4) Secretary.--The term ``Secretary'' means the Secretary of Education. (5) State.--The term ``State'' means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, the American Virgin Islands, Guam, and American Samoa. SEC. 4. PROCEDURE FOR DECLARATION. (a) In General.--A request for a declaration by the President that a ``public schools renewal effort is underway'' shall be made by a local schools consortium. (b) Request.--The local education agency shall submit the request to the Governor of the State who shall, with or without comment, forward such request to the President not more than 30 days after the Governor's receipt of such request. Such request shall-- (1) include the plan; (2) describe the nature and amount of State and local resources which have been or will be committed to the renewal and improvement of the public schools; and (3) certify that State or local government obligations and expenditures will comply with all applicable matching requirements established pursuant to this Act. (c) Declaration.--Based on a request made under this Act, the President, in consultation with the Secretary, may declare that a ``public schools renewal effort is underway'' in such community and authorize the Department of Education and other Federal agencies to provide assistance under this Act. (d) Progress Reports.--The consortium shall-- (1) amend such request annually to include additional initiatives and approaches undertaken by the local educational agency to improve the academic effectiveness and safety of its public school system. (2) submit annual performance reports to the Secretary which shall describe progress in achieving the goals of the plan. SEC. 5. ELEMENTS OF RENEWAL AND IMPROVEMENT PLAN. (a) In General.--As part of its request to the President, and in order to receive assistance under this section, a consortium shall submit a plan that includes the elements described in subsections (b) and (c). (b) Adverse Conditions.--The plan shall specify the existence of any of the following factors: (1)(A) A substantial percentage of students in the affected public schools have been performing well below the national average, or below other benchmarks, including State developed benchmarks in such basic skills as reading, math, and science, consistent with Goals 2000 and title I of the Elementary and Secondary Education Act of 1965; or (B) a substantial percentage of such students are failing to complete high school. (2) Some or all of such schools are overcrowded or have physical plant conditions that threaten the health, safety, and learning environment of the schools' populations. (3) There is a substantial shortage of certified teachers, teaching materials, and technology training. (4) Some or all of the schools are located where crime and safety problems interfere with the schools' ability to educate students to high academic standards. (c) Assurances.--The plan shall also include assurances from the local educational agency that-- (1) the plan was developed by the local schools consortium after extensive public discussion with State education officials, affected parents, students, teachers and representatives of teachers and school employees, administrators, higher education officials, other educators, and business and community leaders; (2) describe how the consortium will use resources to meet the types of reforms described in section 7; (3) provide effective opportunities for professional development of public school teachers, school staff, principals, and school administrators; (4) provide for greater parental involvement in school affairs; (5) focus substantially on successful and continuous improvement in the basic academic performance of the students in the public schools; (6) address the unique responsibilities of all stake holders in the public school system, including students, parents, teachers, school administrators, other educators, governmental officials, and business and community leaders, for the effectiveness of the public school system especially with respect to the schools targeted for greatest assistance; (7) provide for regular objective evaluation of the effectiveness of the plan; (8) the agency will give priority to public schools that need the most assistance in improving overcrowding, physical problems and other health and safety concerns, readiness for telecommunications equipment, and teacher training and the pool of certified teachers; (9) ensure that funds received under this Act shall be used to supplement, not supplant other non-Federal funds; (10) certify that the combined fiscal effort per student or the aggregate expenditures within the State with respect to the provision of free public education for the fiscal year preceding the fiscal year for which the request for a declaration is made was not less than 90 percent of such combined fiscal effort or aggregate expenditures for the second fiscal year preceding the fiscal year for which the request for a declaration is made; and (11) will address other major issues which the local schools consortium determines are critical to renewal of its public schools. SEC. 6. ALLOWABLE FEDERAL ASSISTANCE. (a) In General.--To provide assistance under this Act, the President may-- (1) direct the Department of Education, with or without reimbursement, to use the authority and the resources granted to it under Federal law (including personnel, educational equipment and supplies, facilities, and managerial, technical, and advisory services) in support of State and local assistance efforts; (2) direct any other Federal agency to provide assistance as described in paragraph (1); (3) coordinate such assistance provided by Federal agencies; and (4) provide technical assistance and advisory assistance to the affected local educational agency. (b) Distribution of Assistance Funds.-- (1) In general.--At the direction of the President, the Secretary shall distribute funds and resources provided pursuant to a declaration under this Act to local educational agencies selected for assistance under this Act. (2) Existing procedures.--The Secretary shall determine the best method of distributing funds under this Act through personnel and existing procedures that are used to distribute funds under other elementary and secondary education programs. (c) Prohibition.--No provision of this Act shall be construed to authorize any action or conduct prohibited under the General Education Provisions Act. SEC. 7. USE OF ASSISTANCE. Assistance provided pursuant to this Act may be used only to carry out a plan, and to effectuate the following and similar types of public school reforms: (1) Student-Targeted Resources.-- (A) Increasing and improving high-quality early childhood educational opportunities. (B) Providing comprehensive parent training so that parents better prepare children before they reach school age. (C) Establishing intensive truancy prevention and dropout prevention programs. (D) Establishing alternative public schools and programs for troubled students and dropouts, and establishing other public school learning ``safety nets''. (E) Enhancing assistance for students with special needs (including limited English proficient students, English as a second language, and students with disabilities). (2) Classroom focused school development.-- (A) Establishing teacher and principal academies to assist in training and professional development. (B) Establishing effective training links for students with area colleges and universities. (C) Establishing career ladders for teachers and school employees. (D) Establishing teacher mentor programs. (E) Establishing recruitment programs at area colleges and universities to recruit and train college students for the teaching profession. (F) Establishing stronger links between schools and law enforcement and juvenile justice authority. (G) Establishing stronger links between schools and parents concerning safe classrooms and effective classroom activities and learning. (H) Establishing parent and community patrols in and around schools to assist safe schools and passage to schools. (I) Implementing research-based promising educational practices and promoting exemplary school recognition programs. (J) Expanding the time students spend on school- based learning activities and in extracurricular activities. (3) Accountability reforms.-- (A) Establishing high learning standards and meaningful assessments of whether standards are being met. (B) Monitoring school progress and determining how to more effectively use school system resources. (C) Establishing performance criteria for teachers and principals through such entities as joint school board and union staff improvement committees. (D) Establishing promotion and graduation requirements for students, including requirements for reading, mathematics, and science performance. (E) Providing for strong accountability and corrective action from a continuum of options, consistent with State law and title I of the Elementary and Secondary Education Act of 1965. SEC. 8. DURATION OF ASSISTANCE. Assistance under this Act may be provided for each of fiscal years 1998 through 2000. SEC. 9. REPORT. Not later than March 31, 2000, the Secretary shall submit a report to the Committee on Education and the Workforce of the House of Representatives and the Committee on Labor and Human Resources of the Senate assessing the effectiveness of this Act in assisting recipient local schools consortia in carrying out their plans submitted under this Act. SEC. 10. AUTHORIZATION OF APPROPRIATIONS; MATCHING REQUIREMENT. (a) Authorization.--There are authorized to be appropriated to carry out this Act-- (1) for fiscal year 1998, $250,000,000; and (2) for fiscal year 1999, $500,000,000; and (3) for fiscal year 2000, such sums as may be necessary. (b) Matching Requirement.-- (1) In general.--Federal funds expended or obligated under this Act shall be matched (in an amount equal to such amount so expended or obligated) from State or local funds. (2) Other federal resources.--The Secretary shall, by regulation and in consultation with the heads of other Federal agencies, establish matching requirements for other Federal resources provided under this Act. (3) Waiver.--Based upon the recommendation of the Secretary, the President may waive paragraph (1) or (2).

Public Schools Renewal and Improvement Act of 1997 - Establishes a procedure by which a local schools consortium shall request, through the State Governor, a declaration by the President that a public schools renewal effort is underway in its community. Requires such request to: (1) include the three-year plan for public schools renewal and improvement; (2) describe the nature and amount of State and local resources which have been or will be committed to such renewal and improvement; and (3) certify that State or local government obligations and expenditures will comply with all applicable matching requirements established pursuant to this Act. Authorizes the President to: (1) make such a requested declaration; and (2) authorize the Department of Education and other Federal agencies to provide assistance under this Act. Requires the consortium to make annual: (1) amendments to the request to include additional initiatives and approaches to improve academic effectiveness and school safety; and (2) progress reports to the Secretary of Education. (Sec. 5) Sets forth required elements of such public schools renewal and improvement plans, including specification of certain adverse conditions and certain assurances. (Sec. 6) Authorizes the President to provide for various forms of allowable Federal assistance under this Act. Directs the Secretary to distribute such funds and resources. (Sec. 7) Sets forth requirements for use of such assistance for various student-targeted resources, classroom-focused school development, accountability reforms, and other, similar types of public school reforms. (Sec. 8) Allows such assistance to be provided for each of FY 1998 through 2000. (Sec. 9) Requires the Secretary to report to specified congressional committees on this Act's effectiveness. (Sec. 10) Authorizes appropriations. Sets forth matching requirements for States or localities, which the President may waive upon the Secretary's recommendation.

Public Schools Renewal and Improvement Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``American Schools Abroad Support Act''. SEC. 2. FINDINGS. Congress finds the following: (1) During the 2003-2004 school year, the Office of Overseas Schools of the Department of State is financially assisting 189 elementary and secondary schools in other countries. (2) These ``American-sponsored'' schools serve 99,318 students, of whom 27,412 are United States citizens. (3) Twenty of these American-sponsored schools--serving 10,907 students--are located in the Near East and South Asia region, and other American-sponsored schools are located in countries with significant Muslim populations in Africa, Central Asia, and East Asia. (4) American-sponsored schools provide an American-style education in English, with curricula that typically include an emphasis on the development of critical thinking and analytical skills. (5) In response to growing anti-American sentiment in Arab and other predominantly Muslim countries, the United States has placed a renewed emphasis on public diplomacy programs, with education at the elementary, secondary, and university levels representing an important part of that effort. (6) Education is a key element of the efforts of the United States to promote political, economic, and social reform in Arab and predominantly Muslim countries, and is one of the main components of the Middle East Partnership Initiative. (7) As active, vibrant institutions, American-sponsored schools play a vital role in their local communities, and help advance public diplomacy interests of the United States. (8) The Department of State currently provides funds to American-sponsored schools amounting only, on average, to between one and two percent of their annual operating expenses. (9) The United States has an interest in increasing the level of financial support provided to American-sponsored schools in Arab and predominantly Muslim countries, in order to-- (A) increase the number of students in such countries who attend such schools; and (B) increase the number of young people who may thereby gain at any early age an appreciation for the culture, society, and history of the United States. (10) The United States has an interest in increasing the number of students in Arab and predominately Muslim countries who attend American-sponsored schools beyond those from affluent families who are able to afford the cost of tuition, to include children from lower- and middle-income families who otherwise might not be able to afford to attend such schools. (11) Many American-sponsored schools have the capacity to increase the number of students who attend such schools. (12) The Department of State has legal authority under the Mutual Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2451 et seq.) (commonly referred to as the Fulbright-Hays Act) to provide increased financial support for American-sponsored schools. SEC. 3. SENSE OF CONGRESS. It is the sense of Congress that, based on the findings contained in section 2, additional funds should be made available to American- sponsored schools in Arab and predominately Muslim countries to provide full or partial merit-based scholarships to children from lower- and middle-income families of such countries to attend such schools. SEC. 4. GRANTS TO AMERICAN-SPONSORED SCHOOLS IN ARAB AND OTHER PREDOMINANTLY MUSLIM COUNTRIES TO PROVIDE SCHOLARSHIPS TO STUDENTS. (a) Grants Authorized.--The Secretary of State, acting through the Director of the Office of Overseas Schools of the Department of State, may make grants to American-sponsored schools in Arab and predominantly Muslim countries for the purpose of providing full or partial merit- based scholarships to students from lower- and middle-income families of such countries to attend such schools. (b) Determination of Eligible Students.--For purposes of expending grant funds, an American-sponsored school that receives a grant under subsection (a) is authorized to establish criteria to be implemented by such school to determine what constitutes lower- and middle-income families in the country (or region of the country, if regional variations in income levels in the country are significant) in which such school is located. (c) Restriction on Use of Funds.--Amounts appropriated to the Secretary of State pursuant to the authorization of appropriations in subsection (c) shall be used for the sole purpose of making grants under this section, and may not be used for the administration of the Office of Overseas Schools of the Department of State or any other activity of the Office. (d) Authorization of Appropriations.--There are authorized to be appropriated for each of fiscal years 2005 and 2006, $15,000,000 to carry out subsection (a).

American Schools Abroad Support Act - Expresses the sense of Congress that additional funds should be made available to American-sponsored schools in Arab and other predominantly Muslim countries to provide full or partial merit-based scholarships to students from lower- and middle-income families of such countries to attend such schools. Authorizes the Secretary of State, acting through the Director of the Office of Overseas Schools of the Department of State, to make grants to such schools to provide scholarships to such students.

To authorize the Secretary of State to make grants to American-sponsored schools in Arab and other predominantly Muslim countries to provide full or partial merit-based scholarships for children from lower- and middle-income families of such countries to attend such schools, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare+Choice Rescue Act of 2000''. SEC. 2. INCREASE IN NATIONAL PER CAPITA MEDICARE+CHOICE GROWTH PERCENTAGE IN 2001 AND 2002. Section 1853(c)(6)(B) of the Social Security Act (42 U.S.C. 1395w- 23(c)(6)(B)) is amended-- (1) in clause (iv), by striking ``for 2001, 0.5 percentage points'' and inserting ``for 2001, 0 percentage points''; and (2) in clause (v), by striking ``for 2002, 0.3 percentage points'' and inserting ``for 2002, 0 percentage points''. SEC. 3. ELIMINATION OF REDUCTION IN MEDICARE+CHOICE PAYMENT RATES BY BUDGET NEUTRALITY ADJUSTMENTS. (a) In General.--Section 1853(c)(1)(A) of the Social Security Act (42 U.S.C. 1395w-23(c)(1)(A)) is amended by adding at the end the following: ``With respect to years beginning on or after January 1, 2001, in no case shall the budget neutrality adjustment provided for in the previous sentence result in a reduction of the payment amount that would otherwise be made under this subparagraph but for such adjustment.''. SEC. 4. PAYMENT FLOOR FOR MEDICARE+CHOICE PLANS. (a) In General.--Section 1853(c)(1) of the Social Security Act (42 U.S.C. 1395w-23(c)(1)) is amended-- (1) in the matter before subparagraph (A), by striking ``or (C)'' and inserting ``(C), or (D)''; and (2) by adding at the end the following new subparagraph: ``(D) True floor based on 90 percent of the fee- for-service per capita expenditures for medicare+choice plans.--In the case of a plan, 90 percent of an amount equal to the annual per capita rate of payment described in section 1876(a)(1)(C) for the area involved.''. (b) Effective Date.--The amendments made by subsection (a) apply to payments for months beginning on or after January 2001. SEC. 5. CORRECTING FOR MISESTIMATES IN THE GROWTH RATE; LIMITING RETROACTIVE ADJUSTMENTS. (a) In General.--Notwithstanding any other provision of law, for purposes of payments under section 1853(c) of the Social Security Act (42 U.S.C. 1395w-23(c)) to Medicare+Choice organizations offering Medicare+Choice plans for 2001, the Secretary of Health and Human Services shall provide for an increase by 3.6 percent the amount of payment otherwise applicable to such plans under that section in 2001. (b) Hold Harmless for Errors in Estimates.--Section 1853(c)(6) of such Act (42 U.S.C. 1395w-23(c)(6)) is amended-- (1) in subparagraph (C), by striking ``Beginning with rates'' and inserting ``Subject to subparagraph (D), beginning with rates''; and (2) by adding at the end the following new subparagraph: ``(D) Hold harmless for over projections.-- Beginning with rates calculated for 2002, in making adjustments under subparagraph (C), in no case may the Secretary provide for an adjustment in a year for that results in a reduction of the national per capita Medicare+Choice growth percentage that is greater than 0.5 percent.''. SEC. 6. ADDITIONAL FLOOR FOR ANNUAL INCREASE IN MEDICARE+CHOICE CAPITATION RATES. Section 1853(c)(3)(C) of the Social Security Act (42 U.S.C. 1395w- 23(c)(3)(C)) is amended-- (1) in clause (ii), by inserting ``(before 2002)'' after ``For a subsequent year''; and (2) by adding at the end the following new clause: ``(iii) For 2002 and each subsequent year, the greater of (I) 102 percent of the annual Medicare+Choice capitation rate under this paragraph for the area for the previous year, or (II) such rate for the previous year increased by the national per capita Medicare+Choice growth percentage, described in paragraph (6)(A) for the succeeding year.''. SEC. 7. APPLICATION OF BUDGET NEUTRALITY PRINCIPLE TO THE NEW MEDICARE+CHOICE RISK ADJUSTMENT METHODOLOGY. (a) In General.--Section 1853(a)(3) of the Social Security Act (42 U.S.C. 1395w-23(a)(3)) is amended by adding at the end the following new subparagraph: ``(E) Implementation in a budget neutral manner.-- The methodology under this paragraph shall be designed and implemented in a manner so that it does not result in any material change in the aggregate level of expenditures under this title compared to the level that would have occurred if such methodology had not been implemented (and if the previous risk adjustment methodology used in 1998 had continued to be implemented).''. (b) Effective Date.--The amendment made by subsection (a) takes effect on the date of the enactment of this Act and applies to payments for months beginning on or after January 2001. SEC. 8. PROVIDING FOR CONTINUOUS OPEN ENROLLMENT AND DISENROLLMENT. (a) In General.--Section 1851(e)(2) of the Social Security Act (42 U.S.C. 1395w-21(e)(2)) is amended to read as follows: ``(2) Continuous open enrollment and disenrollment.-- Subject to paragraph (5), a Medicare+Choice eligible individual may change the election under subsection (a)(1) at any time.''. (b) Conforming Amendments.-- (1) Medicare+choice.--Section 1851(e) of such Act (42 U.S.C. 1395w-21(e)) is amended-- (A) in paragraph (4)-- (i) by striking ``Effective as of January 1, 2002, an'' and inserting ``An''; (ii) by striking ``other than during an annual, coordinated election period''; (iii) by inserting ``in a special election period for such purpose'' after ``make a new election under this section''; and (iv) by striking the second sentence; and (B) in paragraphs (5)(B) and (6)(A), by striking ``the first sentence of''. (2) Medigap.--Section 1882(s)(3)(B) of such Act (42 U.S.C. 1395ss(s)(3)(B)) is amended-- (A) in clause (ii), by striking ``permitting discontinuance of the individual's election of the plan under the first sentence of section 1851(e)(4)'' and inserting ``providing the individual a special election period under section 1851(e)(4)''; and (B) in clause (iii), by striking ``permit discontinuance of an individual's election of coverage under the first sentence of section 1851(e)(4)'' and inserting ``provide the individual a special election period under section 1851(e)(4)''. (c) Effective Date.--The amendments made by this section apply with respect to plan years beginning on or after January 1, 2002. SEC. 9. ALLOWING VARIATION IN PREMIUMS AND BENEFITS WITHIN COUNTIES. (a) In General.--Subsections (c) and (f)(1)(D) of section 1854 of the Social Security Act (42 U.S.C. 1395w-24) are each amended by inserting before the period at the end the following: ``, expect that the Secretary shall provide for exceptions based on provider catchment area that may be a geographic area that is smaller than a county or a catchment area that crosses the boundaries of two or more counties''. (b) Effective Date.--The amendments made by subsection (a) apply with respect to years beginning on or after January 1, 2001. SEC. 10. MODIFYING PHASE-IN OF MEDICARE+CHOICE RISK-ADJUSTMENT METHODOLOGY FOR INSTITUTIONALIZED MEDICARE BENEFICIARIES. The Secretary of Health and Human Services shall provide that the risk-adjustment methodology applied under section 1853(a) of the Social Security Act (42 U.S.C. 1395w-23(a)), insofar as it makes adjustments to capitation rates for health status, shall only apply to 10 percent of \1/12\ of the annual Medicare+Choice capitation rate in the case of an eligible individual who is institutionalized (as defined for purposes of section 1851(e)(2)(D) of such Act (42 U.S.C. 1395w- 21(e)(2)(D))) until the first year in which the Secretary implements a modification of such methodology based on health status so that such methodology includes medical diagnostic factors from all provider settings (including hospital and nursing facility settings).

Directs the Secretary of Health and Human Services to correct for misestimates in the national per capita Medicare+Choice growth rate by providing for an increase by 3.6 percent in the amount of payment otherwise applicable to Medicare+Choice organizations offering Medicare+Choice plans in 2001. Limits retroactive adjustments. Amends Medicare part C to provide for: (1) continuous open enrollment and disenrollment under Medicare+Choice and Medicare supplemental policy (Medigap) provisions on coverage election periods; and (2) variations in premiums and benefits under Medicare+Choice within counties. Directs the Secretary of Health and Human Services to provide that risk-adjustment methodology under Medicare+Choice, insofar as it makes adjustments to capitation rates for health status, shall not only apply to ten percent of 1/12 of the annual Medicare+Choice capitation rate in the case of an eligible individual who is institutionalized until the first year in which the Secretary implements a modification of such methodology based on health status so that such methodology includes medical diagnostic factors from all provider settings (including hospital and nursing facility settings).

Medicare+Choice Rescue Act of 2000

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fort Peck Tribes- Montana Compact Act of 1994''. SEC. 2. RATIFICATION OF COMPACT. The Fort Peck Indian Tribes-Montana Compact is approved, ratified and confirmed. SEC. 3. AGREEMENTS RELATED TO USE OF WATER RIGHTS. (a) Tribal Authority To Enter Into Agreements.--Subject to the approval of the Secretary and to all terms of the Fort Peck Indian Tribes-Montana Compact, the Tribes may enter into a joint venture, service contract, lease, exchange or other agreement (hereafter referred to in this Act as a ``Water Agreement''), or a modification of such agreement, that authorizes-- (1) the delivery, use or transfer of any part of the water rights confirmed in the Tribes by the Fort Peck Indian Tribes- Montana Compact, for a specified term, not to exceed 50 years, inclusive of all renewal periods; or (2) the diversion or use of any portion of a tribal water right within or outside the Reservation. (b) Approval by Secretary.--The Secretary shall approve or disapprove a Water Agreement, or a modification of such agreement, within-- (1) 180 days after submission of the agreement or modification to the Secretary; or (2) 60 days after compliance, if required, with section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)) and with any other applicable provision of Federal law; whichever is later. (c) Enforcement.--A party to a Water Agreement or modification may enforce the provisions of subsection (b) in accordance with the provisions of section 1361 of title 28, United States Code. (d) Confidentiality.--Notwithstanding any other provision of law, the Department of the Interior shall treat-- (1) any projection, study, data or other information under the control of the Department of the Interior relating to the terms and conditions of a Water Agreement or modification of such an agreement; or (2) any information relating to a financial benefit accruing to the Tribes as a result of a Water Agreement or modification of such an agreement; as the privileged, proprietary information of the Tribes. (e) Limitation.--Notwithstanding any other provision of this Act or the Fort Peck Indian Tribes-Montana Compact, the Tribes may not enter into any Water Agreement which authorizes the use of the tribal water right outside the Basin. (f) Economic Development.--(1) There is established in the Treasury of the United States the ``Assiniboine and Sioux Tribes Economic Recovery Fund''. (2) Commencing with fiscal year 1996, and for each fiscal year thereafter, the Secretary of the Treasury shall deposit in the fund an amount equal to 10 percent of the receipts from deposits to the United States Treasury for the preceding fiscal year from the integrated programs of the Eastern Division of the Pick-Sloan Missouri River Basin Project administered by the Western Area Power Administration, but in no event shall the aggregate of the amounts deposited to the fund established by this subsection exceed $50,000,000. (3) The Secretary of the Treasury shall deposit the interest which accrues on deposits to the fund in a separate account in the Treasury of the United States. Such interest shall be available, without fiscal year limitation, for use by the Secretary of the Interior, commencing with fiscal year 1999, and each fiscal year thereafter, in making payments to the Tribes for use for (A) tribal economic development, including development of long-term profitmaking opportunities for the Tribes and employment opportunities for tribal members, and (B) for acquisition of lands including trust lands within the Reservation from willing sellers and the improvement of such acquired lands, subject to the approval of the Secretary. No part of the principal of the fund shall be available for making such payments. (4) Amounts deposited in the fund shall be nonreimbursable and nonreturnable. (5) No payments pursuant to this Act shall result in the reduction, or the denial, of any Federal services or programs that the Tribes or any of their members, are otherwise entitled to, or eligible for, because of their status as a federally recognized Indian tribe or member pursuant to Federal law. No payments pursuant to this Act shall be subject to Federal or State income tax, or affect Pick-Sloan Missouri River Basin power rates in any way. (6) No part of any moneys in any fund under this Act shall be distributed to any member of the Tribes on a per capita basis. (g) Waiver of Claims Against the United States.--In consideration of performance by the United States of all actions required by this Act, including the congressional authorization, appropriation, and payment of all funds for the Fund, the Tribes shall be deemed to have executed in return a waiver and release of any and all existing claims against the United States arising in whole or in part from or concerning water rights finally settled by the Fort Peck Indian Tribes- Montana Compact. SEC. 4. DEFINITIONS. For purposes of this Act-- (1) The term ``Fort Peck Indian Tribes-Montana Compact'' means the compact relating to the reserved water rights of the Assiniboine and Sioux Tribes of the Fort Peck Reservation that was ratified by the Tribes on April 29, 1985, and by the legislature of the State of Montana on May 15, 1985. (2) The term ``Reservation'' means the Fort Peck Indian Reservation, as defined in the agreement of December 28, 1886, and December 31, 1886, and as confirmed by the Act approved May 1, 1888 (25 Stat. 113). (3) The term ``Secretary'' means the Secretary of the Interior. (4) The term ``Tribes'' means the Assiniboine and Sioux Tribes of the Fort Peck Indian Reservation. (5) The term ``tribal water right'' means the tribal water right defined in, and subject to, the Fort Peck-Montana Compact. (6) The term ``Fund'' means the Assiniboine and Sioux Tribes Economic Recovery Fund established by section 3(f)(1).

Fort Peck Tribes-Montana Compact Act of 1994 - Ratifies the Fort Peck Indian Tribes-Montana Compact. Authorizes the Tribes (the Assiniboine and Sioux Tribes of the Fort Peck Indian Reservation) to enter into a Water Agreement. Establishes in the Treasury the Assiniboine and Sioux Tribes Economic Recovery Fund.

Fort Peck Tribes-Montana Compact Act of 1994

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Refugee Crisis in Iraq Act''. (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. Processing facilities. Sec. 4. United States refugee program priorities. Sec. 5. Special immigrant status for certain Iraqis. Sec. 6. Minister counselors for Iraqi refugees and internally displaced persons. Sec. 7. Countries with significant populations of displaced Iraqis. Sec. 8. Denial or termination of asylum. Sec. 9. Reports. Sec. 10. Authorization of appropriations. SEC. 2. FINDINGS. Congress makes the following findings: (1) The United Nations estimates that there are 2,000,000 Iraqis internally displaced and more than 2,000,000 Iraqi refugees in neighboring countries, primarily Jordan and Syria. (2) The humanitarian needs of the Iraqi refugees and internally displaced persons are significant. If their needs are not quickly and adequately met, these populations could become a fertile recruiting ground for terrorists. (3) Iraqi refugees are a significant financial burden on countries in the region. The Iraq Study Group concluded that if the refugee crisis ``is not addressed, Iraq and the region could be further destabilized''. (4) Many Iraqis who have worked in critical positions in direct support of the United States Government in Iraq have been killed or injured in reprisals for their support of the American effort. Many more Iraqis associated with the United States have fled Iraq in fear of being killed or injured. (5) Although the United States cannot resettle all of Iraq's refugees in the United States, the United States has a fundamental obligation to help the vast number of Iraqis displaced in Iraq and throughout the region by the war and the associated chaos, especially those who have supported America's efforts in Iraq. (6) In April 2007, Assistant Secretary of State Ellen Sauerbrey said the United States ``could resettle up to 25,000 Iraqi refugees'' this year. In May 2007, Under Secretary of State Paula Dobriansky said, ``We are committed to honoring our moral debt to those Iraqis who have provided assistance to the United States military and embassy.'' On June 8, 2007, Secretary Rice remarked, ``The people that I'm most worried about in the near term are the people who've worked for and with us who might be subject to recrimination and reprisal.''. (7) It is essential for the United States to develop a comprehensive and effective approach to support host governments and to meet the needs of Iraq's refugees and internally displaced persons, especially those who are associated with the United States. SEC. 3. PROCESSING FACILITIES. (a) In General.--The Secretary of State shall establish processing facilities in Iraq and in countries in the region in which-- (1) aliens described in section 4 may apply and interview for admission to the United States as refugees; and (2) aliens described in section 5(b) may apply and interview for admission to the United States as special immigrants. (b) Report.-- (1) In general.--Not later than 60 days after the date of the enactment of this Act, the Secretary of State, in consultation with the Secretary of Homeland Security, shall submit a report that contains the plans and assessment described in paragraph (2) to-- (A) the Committee on the Judiciary of the Senate; (B) the Committee on Foreign Relations of the Senate; (C) the Committee on the Judiciary of the House of Representatives; and (D) the Committee on Foreign Affairs of the House of Representatives. (2) Contents.--The report submitted under paragraph (1) shall-- (A) describe the Secretary's plans to establish the processing facilities described in subsection (a); and (B) contain an assessment of in-country processing that makes use of videoconferencing. SEC. 4. UNITED STATES REFUGEE PROGRAM PRIORITIES. (a) In General.--Priority 2 refugees of special humanitarian concern under the refugee resettlement priority system shall include-- (1) Iraqis who were employed by, or worked for or directly with the United States Government, in Iraq; (2) Iraqis who were employed in Iraq by-- (A) a media or nongovernmental organization based in the United States; or (B) an organization or entity that has received a grant from, or entered into a cooperative agreement or contract with, the United States Government; (3) spouses, children, sons, daughters, siblings, and parents of aliens described in paragraph (1) or section 5(b); and (4) Iraqis who are members of a religious or minority community and have close family members (as described in sections 201(b)(2)(A)(i) or 203(a) of the Immigration and Nationality Act (8 U.S.C. 1151(b)(2)(A)(i) and 1153(a))) in the United States. (b) Identification of Other Persecuted Groups.--The Secretary of State is authorized to identify other Priority 2 groups in Iraq. SEC. 5. SPECIAL IMMIGRANT STATUS FOR CERTAIN IRAQIS. (a) In General.--Subject to subsection (c)(1) and notwithstanding any other provision of law, for purposes of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.), the Secretary of Homeland Security may provide an alien described in subsection (b) with the status of a special immigrant under section 101(a)(27) of such Act (8 U.S.C. 1101(a)(27)), if the alien-- (1) or an agent acting on behalf of the alien, submits to the Secretary a petition under section 204 of such Act (8 U.S.C. 1154) for classification under section 203(b)(4) of such Act (8 U.S.C. 1153(b)(4)); (2) is otherwise eligible to receive an immigrant visa; and (3) is otherwise admissible to the United States for permanent residence (excluding the grounds for inadmissibility specified in section 212(a)(4) of such Act (8 U.S.C. 1182(a)(4)). (b) Aliens Described.-- (1) Principal aliens.--An alien is described in this subsection if the alien-- (A) is a national of Iraq; (B) was employed by, or worked for or directly with the United States Government in Iraq, in or after 2003, for an aggregate period of not less than 1 year; and (C) provided faithful service to the United States Government, which is documented in a positive recommendation or evaluation. (2) Spouses and children.--An alien is described in this subsection if the alien is-- (A) the spouse or child of a principal alien described in paragraph (1); and (B) is following or accompanying to join the principal alien in the United States. (c) Numerical Limitations and Benefits.-- (1) In general.--The total number of principal aliens who may be provided special immigrant status under this section may not exceed 5,000 per year for each of the 5 fiscal years beginning after the date of the enactment of this Act. (2) Exclusion from numerical limitations.--Aliens provided special immigrant status under this section shall not be counted against any numerical limitation under sections 201(d), 202(a), or 203(b)(4) of the Immigration and Nationality Act (8 U.S.C. 1151(d), 1152(a), and 1153(b)(4)). (3) Benefits.--Aliens provided special immigrant status under this section shall be eligible for the same resettlement assistance, entitlement programs, and other benefits as refugees admitted under section 207 of the Immigration and Naturalization Act (8 U.S.C. 1157). (4) Carry forward.--If the numerical limitation under paragraph (1) is not reached during a given fiscal year, the numerical limitation under paragraph (1) for the following fiscal year shall be increased by a number equal to the difference between-- (A) the number of visas authorized under paragraph (1) for the given fiscal year; and (B) the number of principal aliens provided special immigrant status under this section during the given fiscal year. (d) Visa and Passport Issuance and Fees.--Neither the Secretary of State nor the Secretary of Homeland Security may charge an alien described in subsection (b) any fee in connection with an application for, or issuance of, a special immigrant visa. The Secretary of State shall ensure that aliens described in this section who are issued special immigrant visas are provided with the appropriate series Iraqi passport necessary to enter the United States. (e) Protection of Aliens.--The Secretary of State, in consultation with other relevant Federal agencies, shall provide an alien described in this section who is applying for a special immigrant visa with protection or the immediate removal from Iraq of such alien if the Secretary determines that such alien is in imminent danger. (f) Security.--An alien is not eligible to participate in the program authorized under this section if the alien is otherwise inadmissible to the United States under section 212(a)(3) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)). (g) Definitions.--The terms defined in subsections (a) and (b) of section 101 of the Immigration and Nationality Act (8 U.S.C. 1101) have the same meanings when used in this section. (h) Regulations.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Homeland Security shall promulgate regulations to carry out the provisions of this section, including requirements for background checks. (i) Savings Provision.--Nothing in this section may be construed to affect the authority of the Secretary of Homeland Security under section 1059 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109-163). SEC. 6. MINISTER COUNSELORS FOR IRAQI REFUGEES AND INTERNALLY DISPLACED PERSONS. (a) In General.--The Secretary of State shall establish in the embassy of the United States located in Baghdad, Iraq, a Minister Counselor for Iraqi Refugees and Internally Displaced Persons (referred to in this section as the ``Minister Counselor for Iraq''). (b) Duties.--The Minister Counselor for Iraq shall be responsible for the oversight of processing for resettlement of persons considered Priority 2 refugees of special humanitarian concern, special immigrant visa programs in Iraq, and the development and implementation of other appropriate policies and programs concerning Iraqi refugees and internally displaced persons. The Minister Counselor for Iraq shall have the authority to refer persons to the United States refugee resettlement program. (c) Designation of Minister Counselors.--The Secretary of State shall designate in the embassies of the United States located in Cairo, Egypt; Amman, Jordan; Damascus, Syria; and Beirut, Lebanon a Minister Counselor to oversee resettlement to the United States of persons considered Priority 2 refugees of special humanitarian concern in those countries to ensure their applications to the United States refugee resettlement program are processed in an orderly manner and without delay. SEC. 7. COUNTRIES WITH SIGNIFICANT POPULATIONS OF DISPLACED IRAQIS. (a) In General.--With respect to each country with a significant population of displaced Iraqis, including Iraq, Jordan, Egypt, Syria, Turkey, and Lebanon, the Secretary of State shall-- (1) as appropriate, consult with other countries regarding resettlement of the most vulnerable members of such refugee populations; and (2) develop mechanisms in and provide assistance to countries with a significant population of displaced Iraqis to ensure the well-being and safety of such populations in their host environments. (b) Numerical Limitations.--In determining the number of Iraqi refugees who should be resettled in the United States under sections (a) and (b) of section 207 of the Immigration and Nationality Act (8 U.S.C. 1157), the President shall consult nongovernmental organizations that have a presence in Iraq or experience in assessing the problems faced by Iraqi refugees. (c) Eligibility for Admission as Refugee.--Section 207(c)(1) of the Immigration and Nationality Act (8 U.S.C. 1157(c)(1)) is amended by adding at the end the following: ``No alien shall be denied the opportunity to apply for admission under this section solely because such alien qualifies as an immediate relative or is eligible for classification as a special immigrant.''. SEC. 8. DENIAL OR TERMINATION OF ASYLUM. Section 208(b) of the Immigration and Nationality Act (8 U.S.C. 1158) is amended by adding at the end the following: ``(4) Changed country conditions.--An applicant for asylum or withholding of removal, whose claim was denied by an immigration judge solely on the basis of changed country conditions on or after March 1, 2003, may file a motion to reopen to reconsider his or her claim not later than 6 months after the date of the enactment of the Refugee Crisis in Iraq Act if the applicant-- ``(A) is a national of Iraq; and ``(B) remained in the United States on such date of enactment.''. SEC. 9. REPORTS. (a) Secretary of Homeland Security.-- (1) In general.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Homeland Security shall submit a report containing plans to expedite the processing of Iraqi refugees for resettlement to-- (A) the Committee on the Judiciary of the Senate; (B) the Committee on Foreign Relations of the Senate; (C) the Committee on the Judiciary of the House of Representatives; and (D) the Committee on Foreign Affairs of the House of Representatives. (2) Contents.--The report submitted under paragraph (1) shall-- (A) detail the plans of the Secretary for expediting the processing of Iraqi refugees for resettlement including through temporary expansion of the Refugee Corps of United States Citizenship and Immigration Services; and (B) describe the plans of the Secretary for enhancing existing systems for conducting background and security checks of persons applying for Special Immigrant Visas and of persons considered Priority 2 refugees of special humanitarian concern under this Act, which enhancements shall support immigration security and provide for the orderly processing of such applications without delay. (b) President.--Not later than 90 days after the date of the enactment of this Act, and annually thereafter, the President shall submit to Congress an unclassified report, with a classified annex if necessary, which includes-- (1) an assessment of the financial, security, and personnel considerations and resources necessary to carry out the provisions of this Act; (2) the number of aliens described in section 4(1); (3) the number of such aliens who have applied for special immigrant visas; (4) the date of such applications; and (5) in the case of applications pending for more than 6 months, the reasons that visas have not been expeditiously processed. SEC. 10. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as may be necessary to carry out this Act.

Refugee Crisis in Iraq Act - Directs the Secretary of State (Secretary) to establish processing facilities in Iraq and in countries in the region for eligible Iraqis to apply and interview for U.S. admission as refugees or as special immigrants. Includes among refugees of special humanitarian concern: (1) Iraqis who were employed by, or worked for or directly with the U.S. government in Iraq; (2) Iraqis who were employed in Iraq by a U.S.-based media or nongovernmental organization or an organization that has received a grant from, or entered into a cooperative agreement or contract with the U.S. government; (3) spouses, children, sons, daughters, siblings, and parents of Iraqis who worked for the U.S. government or who are special immigrants; and (4) Iraqis who are members of a religious or minority community and have close family members in the United States. Authorizes the Secretary to identify other priority groups in Iraq. Authorizes the Secretary of Homeland Security to provide special immigrant status to an otherwise admissible Iraqi national (and spouse and children) who was employed by, or worked for or directly with the U.S. government in Iraq for at least one year in or after 2003. Directs the Secretary to: (1) establish in the U.S. embassy in Baghdad, Iraq, a Minister Counselor for Iraqi Refugees and Internally Displaced Persons; and (2) designate in the U.S. embassies in Cairo, Egypt; Amman, Jordan; Damascus, Syria; and Beirut, Lebanon a Minister Counselor to oversee U.S. resettlement of persons considered refugees of special humanitarian concern. Directs the Secretary, with respect to each country with a significant population of displaced Iraqis, including Iraq, Jordan, Egypt, Syria, Turkey, and Lebanon, to: (1) consult with other countries regarding resettlement of the most vulnerable members of such refugee populations; and (2) develop mechanisms in and provide assistance to countries with a significant population of displaced Iraqis to ensure their well-being and safety in their host environments. Amends the Immigration and Nationality Act to permit a qualifying Iraqi applicant for asylum or withholding of removal whose claim was denied on the basis of changed country conditions to file for reopening of his or her claim.

A bill to assist certain Iraqis who have worked directly with, or are threatened by their association with, the United States, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``MacBride Principles of Economic Justice Act of 1996''. SEC. 2. REQUIREMENT THAT DISBURSEMENTS FROM INTERNATIONAL FUND FOR IRELAND ARE MADE IN ACCORDANCE WITH THE MACBRIDE PRINCIPLES OF ECONOMIC JUSTICE. (a) Purposes.--Section 2(b) of the Anglo-Irish Agreement Support Act of 1986 (Public Law 99-415; 100 Stat. 947) is amended by adding at the end the following new sentences: ``United States contributions shall be used in a manner that effectively increases employment opportunities in communities with rates of unemployment significantly higher than the local or urban average of unemployment in Northern Ireland. In addition, such contributions shall be used to benefit individuals residing in such communities.''. (b) Conditions and Understandings.--Section 5(a) of such Act is amended-- (1) in the first sentence-- (A) by striking ``The United States'' and inserting the following: ``(1) In general.--The United States''; (B) by striking ``in this Act may be used'' and inserting the following: ``in this Act-- ``(A) may be used''; (C) by striking the period and inserting ``; and''; and (D) by adding at the end the following: ``(B) may be provided to an individual or entity in Northern Ireland only if such individual or entity is in compliance with the principles of economic justice.''; and (2) in the second sentence, by striking ``The restrictions'' and inserting the following: ``(2) Additional requirements.--The restrictions''. (c) Prior Certifications.--Section 5(c)(2) of such Act is amended-- (1) in subparagraph (A), by striking ``principle of equality'' and all that follows and inserting ``principles of economic justice; and''; and (2) in subparagraph (B), by inserting before the period at the end the following: ``and will create employment opportunities in regions and communities of Northern Ireland suffering the highest rates of unemployment''. (d) Annual Reports.--Section 6 of such Act is amended-- (1) in paragraph (2), by striking ``and'' at the end; (2) in paragraph (3), by striking the period and inserting ``; and''; and (3) by adding at the end the following new paragraph: ``(4) each individual or entity receiving assistance from United States contributions to the International Fund has agreed in writing to comply with the principles of economic justice.''. (e) Requirements Relating to Funds.--Section 7 of such Act is amended by adding at the end the following: ``(c) Prohibition.--Nothing included herein shall require quotas or reverse discrimination or mandate their use.''. (f) Definitions.--Section 8 of such Act 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 a semicolon; and (3) by adding at the end the following new paragraphs: ``(3) the term `Northern Ireland' includes the counties of Antrim, Armagh, Derry, Down, Tyrone, and Fermanagh; and ``(4) the term `principles of economic justice' means the following principles: ``(A) Increasing the representation of individuals from underrepresented religious groups in the workforce, including managerial, supervisory, administrative, clerical, and technical jobs. ``(B) Providing adequate security for the protection of minority employees at the workplace. ``(C) Banning provocative sectarian or political emblems from the workplace. ``(D) Providing that all job openings be advertised publicly and providing that special recruitment efforts be made to attract applicants from underrepresented religious groups. ``(E) Providing that layoff, recall, and termination procedures do not favor a particular religious group. ``(F) Abolishing job reservations, apprenticeship restrictions, and differential employment criteria which discriminate on the basis of religion. ``(G) Providing for the development of training programs that will prepare substantial numbers of minority employees for skilled jobs, including the expansion of existing programs and the creation of new programs to train, upgrade, and improve the skills of minority employees. ``(H) Establishing procedures to assess, identify, and actively recruit minority employees with the potential for further advancement. ``(I) Providing for the appointment of a senior management staff member to be responsible for the employment efforts of the entity and, within a reasonable period of time, the implementation of the principles described in subparagraphs (A) through (H).''. (g) Effective Date.--The amendments made by this section shall take effect 180 days after the date of enactment of this Act.

MacBride Principles of Economic Justice Act of 1996 - Amends the Anglo-Irish Agreement Support Act of 1986 to revise its purposes to require that U.S. contributions to the International Fund for Ireland be disbursed in accordance with the MacBride principles of economic justice, as specified. Authorizes the United States to make contributions to the Fund only if the President certifies to the Congress that, among other things, disbursements from the Fund will be distributed in accordance with the principles of economic justice and will create employment opportunities in communities of Northern Ireland suffering the highest rates of unemployment.

MacBride Principles of Economic Justice Act of 1996

SECTION 1. SHORT TITLE, ETC. (a) Short Title.--This Act may be cited as the ``Middle Class Tax Fairness Act of 2012''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title, etc. TITLE I--PERMANENT EXTENSION OF DEDUCTION OF STATE AND LOCAL GENERAL SALES TAXES Sec. 101. Permanent extension of deduction of State and local general sales taxes. TITLE II--REVENUE OFFSETS Subtitle A--Fair Share Tax on High-Income Taxpayers Sec. 201. Fair share tax on high-income taxpayers. Subtitle B--Miscellaneous Sec. 211. Deficit reduction. Sec. 212. Budgetary effects. TITLE I--PERMANENT EXTENSION OF DEDUCTION OF STATE AND LOCAL GENERAL SALES TAXES SEC. 101. PERMANENT EXTENSION OF DEDUCTION OF STATE AND LOCAL GENERAL SALES TAXES. (a) In General.--Subparagraph (I) of section 164(b)(5) of the Internal Revenue Code of 1986 is amended by striking ``, and before January 1, 2012''. (b) Effective Date.--The amendment made by subsection (a) shall apply to taxable years beginning after December 31, 2011. TITLE II--REVENUE OFFSETS Subtitle A--Fair Share Tax on High-Income Taxpayers SEC. 201. FAIR SHARE TAX ON HIGH-INCOME TAXPAYERS. (a) In General.--Subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new part: ``PART VII--FAIR SHARE TAX ON HIGH-INCOME TAXPAYERS ``Sec. 59B. Fair share tax. ``SEC. 59B. FAIR SHARE TAX. ``(a) General Rule.-- ``(1) Phase-in of tax.--In the case of any high-income taxpayer, there is hereby imposed for a taxable year (in addition to any other tax imposed by this subtitle) a tax equal to the product of-- ``(A) the amount determined under paragraph (2), and ``(B) a fraction (not to exceed 1)-- ``(i) the numerator of which is the excess of-- ``(I) the taxpayer's adjusted gross income, over ``(II) the dollar amount in effect under subsection (c)(1), and ``(ii) the denominator of which is the dollar amount in effect under subsection (c)(1). ``(2) Amount of tax.--The amount of tax determined under this paragraph is an amount equal to the excess (if any) of-- ``(A) the tentative fair share tax for the taxable year, over ``(B) the excess of-- ``(i) the sum of-- ``(I) the regular tax liability (as defined in section 26(b)) for the taxable year, ``(II) the tax imposed by section 55 for the taxable year, plus ``(III) the payroll tax for the taxable year, over ``(ii) the credits allowable under part IV of subchapter A (other than sections 27(a), 31, and 34). ``(b) Tentative Fair Share Tax.--For purposes of this section-- ``(1) In general.--The tentative fair share tax for the taxable year is 30 percent of the excess of-- ``(A) the adjusted gross income of the taxpayer, over ``(B) the modified charitable contribution deduction for the taxable year. ``(2) Modified charitable contribution deduction.--For purposes of paragraph (1)-- ``(A) In general.--The modified charitable contribution deduction for any taxable year is an amount equal to the amount which bears the same ratio to the deduction allowable under section 170 (section 642(c) in the case of a trust or estate) for such taxable year as-- ``(i) the amount of itemized deductions allowable under the regular tax (as defined in section 55) for such taxable year, determined after the application of section 68, bears to ``(ii) such amount, determined before the application of section 68. ``(B) Taxpayer must itemize.--In the case of any individual who does not elect to itemize deductions for the taxable year, the modified charitable contribution deduction shall be zero. ``(c) High-Income Taxpayer.--For purposes of this section-- ``(1) In general.--The term `high-income taxpayer' means, with respect to any taxable year, any taxpayer (other than a corporation) with an adjusted gross income for such taxable year in excess of $1,000,000 (50 percent of such amount in the case of a married individual who files a separate return). ``(2) Inflation adjustment.-- ``(A) In general.--In the case of a taxable year beginning after 2013, the $1,000,000 amount under paragraph (1) shall be increased by an amount equal to-- ``(i) such dollar amount, multiplied by ``(ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `calendar year 2012' for `calendar year 1992' in subparagraph (B) thereof. ``(B) Rounding.--If any amount as adjusted under subparagraph (A) is not a multiple of $10,000, such amount shall be rounded to the next lowest multiple of $10,000. ``(d) Payroll Tax.--For purposes of this section, the payroll tax for any taxable year is an amount equal to the excess of-- ``(1) the taxes imposed on the taxpayer under sections 1401, 1411, 3101, 3201, and 3211(a) (to the extent such taxes are attributable to the rate of tax in effect under section 3101) with respect to such taxable year or wages or compensation received during the taxable year, over ``(2) the deduction allowable under section 164(f) for such taxable year. ``(e) Special Rule for Estates and Trusts.--For purposes of this section, in the case of an estate or trust, adjusted gross income shall be computed in the manner described in section 67(e). ``(f) Not Treated as Tax Imposed by This Chapter for Certain Purposes.--The tax imposed under this section shall not be treated as tax imposed by this chapter for purposes of determining the amount of any credit under this chapter (other than the credit allowed under section 27(a)) or for purposes of section 55.''. (b) Conforming Amendment.--Section 26(b)(2) of the Internal Revenue Code of 1986 is amended by redesignating subparagraphs (C) through (X) as subparagraphs (D) through (Y), respectively, and by inserting after subparagraph (B) the following new subparagraph: ``(C) section 59B (relating to fair share tax),''. (c) Clerical Amendment.--The table of parts for subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: ``Part VII. Fair Share Tax on High-Income Taxpayers''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2012. Subtitle B--Miscellaneous SEC. 211. DEFICIT REDUCTION. The net amount of any savings realized as a result of the enactment of this Act and the amendments made by this Act (after any expenditures authorized by this Act and the amendments made by this Act) shall be deposited in the Treasury and used for Federal budget deficit reduction or, if there is no Federal budget deficit, for reducing the Federal debt in such manner as the Secretary of the Treasury considers appropriate. SEC. 212. BUDGETARY EFFECTS. The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled ``Budgetary Effects of PAYGO Legislation'' for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage.

Middle Class Tax Fairness Act of 2012 - Amends the Internal Revenue Code to make permanent the taxpayer election to deduct state and local general sales taxes in lieu of state and local income taxes. Requires an individual taxpayer whose adjusted gross income exceeds $1 million to pay a minimum tax rate of 30% of the excess of the taxpayer's adjusted gross income over the taxpayer's modified charitable contribution deduction for the taxable year (tentative fair share tax). Establishes the amount of such tax as the excess (if any) of the tentative fair share tax over the excess of: (1) the sum of the taxpayer's regular tax liability, the alternative minimum tax (AMT) amount, and the payroll tax for the taxable year; over (2) certain tax credits. Provides for a phase-in of such tax. Requires an inflation adjustment to the $1 million income threshold for taxable years beginning after 2013. Requires any savings resulting from the enactment of this Act to be used for federal budget deficit reduction or reduction of the federal debt.

To amend the Internal Revenue Code of 1986 to make permanent the deduction of State and local general sales taxes, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Trade Adjustment Assistance Extension Act of 2013''. SEC. 2. EXTENSION OF TRADE ADJUSTMENT ASSISTANCE PROGRAM. (a) Extension of Termination Provisions.--Section 285 of the Trade Act of 1974 (19 U.S.C. 2271 note) is amended by striking ``2013'' each place it appears and inserting ``2020''. (b) Training Funds.--Section 236(a)(2)(A) of the Trade Act of 1974 (19 U.S.C. 2296(a)(2)(A)) is amended-- (1) in clause (i), by striking ``and 2013'' and inserting ``through 2020''; and (2) in clause (ii), by striking ``2013'' each place it appears and inserting ``2020''. (c) Reemployment Trade Adjustment Assistance.--Section 246(b)(1) of the Trade Act of 1974 (19 U.S.C. 2318(b)(1)) is amended by striking ``2013'' and inserting ``2020''. (d) Authorizations of Appropriations.-- (1) Trade adjustment assistance for workers.--Section 245(a) of the Trade Act of 1974 (19 U.S.C. 2317(a)) is amended by striking ``2013'' and inserting ``2020''. (2) Trade adjustment assistance for firms.--Section 255(a) of the Trade Act of 1974 (19 U.S.C. 2345(a)) is amended-- (A) by striking ``and 2013'' and inserting ``through 2020''; and (B) by striking ``October 1, 2013, and ending on December 31, 2013'' and inserting ``October 1, 2020, and ending on December 31, 2020''. (3) Trade adjustment assistance for farmers.--Section 298(a) of the Trade Act of 1974 (19 U.S.C. 2401g(a)) is amended-- (A) by striking ``and 2013'' and inserting ``through 2020''; and (B) by striking ``October 1, 2013, and ending on December 31, 2013'' and inserting ``October 1, 2020, and ending on December 31, 2020''. (e) Amendments to Trade Adjustment Assistance Extension Act of 2011.-- (1) Application of prior law.--Section 233(a) of the Trade Adjustment Assistance Extension Act of 2011 (title II of Public Law 112-40; 125 Stat. 416; 19 U.S.C. 2271 note prec.) is amended-- (A) in the matter preceding paragraph (1), by striking ``2014'' and inserting ``2021''; and (B) by striking paragraphs (3) through (7) and inserting the following: ``(3) section 245(a) of that Act shall be applied and administered by substituting `2021' for `2007'; ``(4) section 246(b)(1) of that Act shall be applied and administered by substituting `December 31, 2021' for `the date that is 5 years' and all that follows through `State'; ``(5) section 256(b) of that Act shall be applied and administered by substituting `the 1-year period beginning on January 1, 2021' for `each of fiscal years 2003 through 2007, and $4,000,000 for the 3-month period beginning on October 1, 2007'; ``(6) section 298(a) of that Act shall be applied and administered by substituting `the 1-year period beginning on January 1, 2021' for `each of the fiscal years' and all that follows through `October 1, 2007'; and ``(7) section 285 of that Act shall be applied and administered-- ``(A) in subsection (a), by substituting `2021' for `2007' each place it appears; and ``(B) by applying and administering subsection (b) as if it read as follows: ```(b) Other Assistance.-- ```(1) Assistance for firms.-- ```(A) In general.--Except as provided in subparagraph (B), assistance may not be provided under chapter 3 after December 31, 2021. ```(B) Exception.--Notwithstanding subparagraph (A), any assistance approved under chapter 3 on or before December 31, 2021, may be provided-- ```(i) to the extent funds are available pursuant to such chapter for such purpose; and ```(ii) to the extent the recipient of the assistance is otherwise eligible to receive such assistance. ```(2) Farmers.-- ```(A) In general.--Except as provided in subparagraph (B), assistance may not be provided under chapter 6 after December 31, 2021. ```(B) Exception.--Notwithstanding subparagraph (A), any assistance approved under chapter 6 on or before December 31, 2021, may be provided-- ```(i) to the extent funds are available pursuant to such chapter for such purpose; and ```(ii) to the extent the recipient of the assistance is otherwise eligible to receive such assistance.'.''. (2) Continuation of benefits.--Section 233(b) of the Trade Adjustment Assistance Extension Act of 2011 is amended by striking ``2014'' each place it appears and inserting ``2021''.

Trade Adjustment Assistance Extension Act of 2013 - Amends the Trade Act of 1974 to extend through December 31, 2020: (1) the trade adjustment assistance (TAA) program, and (2) the reemployment trade adjustment assistance (RTAA) program. Makes funds available through FY2020, and for the period beginning October 1-December 31, 2020 (first quarter of FY2021) for training of adversely affected workers, employment and case management services, and job search expenses and relocation expenses. Reauthorizes appropriations: (1) through December 31, 2020, for the TAA program for workers; and (2) through FY2020, and for the first quarter of FY2021, for the TAA program for firms and farmers. Amends the Trade Adjustment Assistance Extension Act of 2011 to declare that TAA program requirements in effect as of February 13, 2011, under the Trade Act of 1974 shall apply to petitions for certification to apply for TAA for workers, firms, and farmers that are filed before January 1, 2021.

Trade Adjustment Assistance Extension Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Keystone Species Conservation Act of 1999''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--The Congress finds the following: (1) Numerous species of fauna have continued to decline to the point that the long-term survival of those species in the wild is in serious jeopardy. (2) Many of those species are listed under section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533) or in Appendix I, II, or III of the Convention on International Trade in Endangered Species of Wild Fauna and Flora. (3) There are insufficient resources available for addressing the threats facing those species, which will require the joint commitment and effort of countries within the range of those species, the United States and other countries, and the private sector. (4) The grant programs established by the Congress for tigers, rhinoceroses, Asian elephants, and African elephants have proven to be extremely successful, provide Federal funds for conservation projects in an efficient and expeditious manner, and encourage additional support for conservation in countries where those species exist in the wild. (5) A new grant program modeled on the existing programs for tigers, rhinoceroses, and elephants would provide an effective means to assist in the conservation of keystone species for which there are no existing grant programs. (b) Purpose.--The purpose of this Act is to conserve keystone species of fauna throughout the world, and the ecosystems on which those species depend, by supporting the conservation programs for those species and the CITES Secretariat, promoting partnerships between the public and private sectors, and providing financial resources for those programs and partnerships. SEC. 3. DEFINITIONS. In this Act: (1) Account.--The term ``Account'' means the Keystone Species Conservation Account established by section 5. (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (3) CITES.--The term ``CITES'' means the Convention on International Trade in Endangered Species of Wild Fauna and Flora, done at Washington March 3, 1973 (27 UST 1087; TIAS 8249), including its appendices and amendments. (4) Conservation.--The term ``conservation'' means the use of methods and procedures necessary to bring a keystone species to the point at which there are sufficient populations in the wild to ensure that the species does not become extinct, including-- (A) protection and management of populations of a keystone species; (B) maintenance, management, protection, and restoration of habitat of a keystone species; (C) research and monitoring; (D) law enforcement; and (E) community outreach and education. (5) Fish or wildlife.--The term ``fish or wildlife'' means any member of the animal kingdom, including any mammal, fish, bird, amphibian, reptile, mollusk, crustacean, arthropod, or other invertebrate. (6) Keystone species.--The term ``keystone species''-- (A) subject to subparagraph (B), means a species of fish or wildlife-- (i) that is listed as an endangered species or threatened species under section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533) or that is listed in Appendix I, II, or III of CITES; and (ii) whose range is partially or wholly outside of the United States; and (B) does not include African elephants, Asian elephants, rhinoceros, and tigers. SEC. 4. KEYSTONE SPECIES CONSERVATION ASSISTANCE. (a) In General.--Subject to the availability of funds, the Secretary shall use amounts in the Account to provide financial assistance for projects for the conservation of that keystone species throughout the world, for which project proposals are approved by the Secretary in accordance with this section. (b) Project Proposals.-- (1) Eligible applicants.--A proposal for a project for the conservation of a keystone species may be submitted to the Secretary by-- (A) any relevant wildlife management authority of a country that has within its boundaries any part of the range of a keystone species, if the agency has authority over fish or wildlife and the activities of the agency directly or indirectly affect the species; (B) the CITES Secretariat; or (C) any person with demonstrated expertise in the conservation of that keystone species. (2) Required information.--A project proposal shall include-- (A) the name of the individual with primary responsibility for conducting the project; (B) a succinct statement of-- (i) the purposes of the project and the methodology for implementing the project, including an assessment of the status of the keystone species that is the subject of the project; and (ii) how the project will benefit that species; (C) a description of the qualifications of the individuals who will conduct the project; (D) an estimate of the funds and time required to complete the project; (E) evidence of support for the project by appropriate governmental entities of countries in which the project will be conducted, if the Secretary determines that such support is required for the success of the project; (F) information regarding the source and amount of matching funds available for the project; and (G) any other information that the Secretary considers to be necessary for evaluating the eligibility of the project for funding under this Act. (c) Proposal Review and Approval.-- (1) Request for additional information.--If, after receiving a project proposal, the Secretary determines that the project proposal is not complete, the Secretary may request further information from the person that submitted the proposal before complying with the other provisions of this subsection. (2) Request for comments.--The Secretary shall request written comments, and provide an opportunity of not less than 30 days for comments, on a project proposal from the appropriate governmental authorities of each country in which the project will be conducted. (3) Decision by the secretary.--After taking into consideration any comments received in a timely manner from governmental authorities under paragraph (2), the Secretary may approve a project proposal if the Secretary determines that the project will promote the conservation of a keystone species. (4) Notification.--Not later than 180 days after receiving a completed project proposal, the Secretary shall provide written notification of the Secretary's approval or disapproval of a project proposal under paragraph (3) to the person that submitted the proposal. (d) Priority Guidance.--In funding approved project proposals, the Secretary shall give priority to the following types of projects: (1) Projects that will enhance programs for the conservation of keystone species that are most imperiled, and that are supported by the relevant wildlife management authority in each country in which the program will be conducted. (2) Projects that receive the greatest level of matching assistance, in cash or in-kind, from non-Federal sources. (3) Projects that will enhance local capacity for the conservation of keystone species. (e) Project Reporting.--Each person that receives assistance under this section for a project shall submit to the Secretary periodic reports at such intervals as the Secretary considers necessary, that include all information required by the Secretary for evaluating the progress and success of the project. (f) Guidelines.-- (1) In general.--Not later than 1 year after the date of enactment of this Act, after providing public notice and opportunity for comment, the Secretary shall develop guidelines to carry out this section. (2) Priorities and criteria.--The guidelines shall specify-- (A) how the priorities for funding approved projects are to be determined; and (B) criteria for determining which keystone species are most imperiled and which projects provide the greatest conservation benefit. SEC. 5. KEYSTONE SPECIES CONSERVATION ACCOUNT. (a) Establishment.--There is established in the Multinational Species Conservation Fund of the Treasury a separate account to be known as the ``Keystone Species Conservation Account'', consisting of-- (1) amounts of donations accepted under subsection (d); (2) amounts appropriated to the Account under section 6; and (3) any interest earned on investment of amounts in the Account under subsection (c). (b) Expenditures From Account.-- (1) In general.--Subject to paragraph (2), the Secretary may expend from the Account, without further Act of appropriation, such amounts as are necessary to carry out section 4. (2) Administrative expenses.--An amount not to exceed 3 percent of the amounts in the Account shall be available for each fiscal year to pay the administrative expenses necessary to carry out this Act. (c) Investment of Amounts.--The Secretary of the Treasury shall invest such portion of the Account as is not required to meet current withdrawals. Such investments may be made only in interest-bearing obligations of the United States. (d) Acceptance and Use of Donations.--The Secretary may accept and use donations to carry out this Act. Amounts received by the Secretary in the form of donations shall be available until expended, without further Act of appropriation. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Account $10,000,000 for each of fiscal years 2001, 2002, 2003, 2004, and 2005 to carry out this Act, which may remain available until expended.

Directs the Secretary of the Interior, subject to the availability of funds, to use amounts in the Keystone Species Conservation Account established by this Act to provide financial assistance for projects for the conservation of keystone species throughout the world for which project proposals are approved by the Secretary. Permits proposals for projects for the conservation of a keystone species to be submitted to the Secretary by: (1) a country's wildlife management authority that has within its boundaries any part of the range of a keystone species, if the agency has authority over fish or wildlife and the agency's activities affect the species; (2) the CITES Secretariat; or (3) any person with demonstrated expertise in the conservation of such species. Gives priority in funding to projects that: (1) will enhance programs for the conservation of keystone species that are most imperiled and are supported by a country's wildlife management authority in each country in which the program will be conducted; (2) receive the greatest level of non-Federal matching assistance; and (3) will enhance local capacity for the conservation of such species. Establishes the Keystone Species Conservation Account in the Multinational Species Conservation Fund of the Treasury. Authorizes appropriations.

Keystone Species Conservation Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Black Rock Desert-High Rock Canyon Emigrant Trails National Conservation Area Act of 2000''. SEC. 2. FINDINGS. The Congress finds the following: (1) The areas of northwestern Nevada known as the Black Rock Desert and High Rock Canyon contain and surround the last nationally significant, untouched segments of the historic California emigrant Trails, including wagon ruts, historic inscriptions, and a wilderness landscape largely unchanged since the days of the pioneers. (2) The relative absence of development in the Black Rock Desert and high Rock Canyon areas from emigrant times to the present day offers a unique opportunity to capture the terrain, sights, and conditions of the overland trails as they were experienced by the emigrants and to make available to both present and future generations of Americans the opportunity of experiencing emigrant conditions in an unaltered setting. (3) The Black Rock Desert and High Rock Canyon areas are unique segments of the Northern Great Basin and contain broad representation of the Great Basin's land forms and plant and animal species, including golden eagles and other birds of prey, sage grouse, mule deer, pronghorn antelope, bighorn sheep, free roaming horses and burros, threatened fish and sensitive plants. (4) The Black Rock-High Rock region contains a number of cultural and natural resources that have been declared eligible for National Historic Landmark and Natural Landmark status, including a portion of the 1843-44 John Charles Fremont exploration route, the site of the death of Peter Lassen, early military facilities, and examples of early homesteading and mining. (5) The archeological, paleontological, and geographical resources of the Black Rock-High Rock region include numerous prehistoric and historic Native American sites, wooly mammoth sites, some of the largest natural potholes of North America, and a remnant dry Pleistocene lakebed (playa) where the curvature of the Earth may be observed. (6) The two large wilderness mosaics that frame the conservation area offer exceptional opportunities for solitude and serve to protect the integrity of the viewshed of the historic emigrant trails. (7) Public lands in the conservation area have been used for domestic livestock grazing for over a century, with resultant benefits to community stability and contributions to the local and State economies. It has not been demonstrated that continuation of this use would be incompatible with appropriate protection and sound management of the resource values of these lands; therefore, it is expected that such grazing will continue in accordance with the management plan for the conservation area and other applicable laws and regulations. (8) The Black Rock Desert playa is a unique natural resource that serves as the primary destination for the majority of visitors to the conservation area, including visitors associated with large-scale permitted events. It is expected that such permitted events will continue to be administered in accordance with the management plan for the conservation area and other applicable laws and regulations. SEC. 3. DEFINITIONS. As used in this Act: (1) The term ``Secretary'' means the Secretary of the Interior. (2) The term ``public lands'' has the meaning stated in section 103(e) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702(e)). (3) The term ``conservation area'' means the Black Rock Desert-High Rock Canyon Emigrant Trails National Conservation Area established pursuant to section 4 of this Act. SEC. 4. ESTABLISHMENT OF THE CONSERVATION AREA. (a) Establishment and Purposes.--In order to conserve, protect, and enhance for the benefit and enjoyment of present and future generations the unique and nationally important historical, cultural, paleontological, scenic, scientific, biological, educational, wildlife, riparian, wilderness, endangered species, and recreational values and resources associated with the Applegate-Lassen and Nobles Trails corridors and surrounding areas, there is hereby established the Black Rock Desert-High Rock Canyon Emigrant Trails National Conservation Area in the State of Nevada. (b) Areas Included.--The conservation area shall consist of approximately 797,100 acres of public lands as generally depicted on the map entitled ``Black Rock Desert Emigrant Trail National Conservation Area'' and dated July 19, 2000. (c) Maps and Legal Description.--As soon as practicable after the date of the enactment of this Act, the Secretary shall submit to Congress a map and legal description of the conservation area. The map and legal description shall have the same force and effect as if included in this Act, except the Secretary may correct clerical and typographical errors in such map and legal description. Copies of the map and legal description shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management. SEC. 5. MANAGEMENT. (a) Management.--The Secretary, acting through the Bureau of Land Management, shall manage the conservation area in a manner that conserves, protects and enhances its resources and values, including those resources and values specified in subsection 4(a), in accordance with this Act, the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.), and other applicable provisions of law. (b) Access.-- (1) In general.--The Secretary shall maintain adequate access for the reasonable use and enjoyment of the conservation area. (2) Private land.--The Secretary shall provide reasonable access to privately owned land or interests in land within the boundaries of the conservation area. (3) Existing public roads.--The Secretary is authorized to maintain existing public access within the boundaries of the conservation area in a manner consistent with the purposes for which the conservation area was established. (c) Uses.-- (1) In general.--The Secretary shall only allow such uses of the conservation area as the Secretary finds will further the purposes for which the conservation area is established. (2) Off-highway vehicle use.--Except where needed for administrative purposes or to respond to an emergency, use of motorized vehicles in the conservation area shall be permitted only on roads and trails and in other areas designated for use of motorized vehicles as part of the management plan prepared pursuant to subsection (e). (3) Permitted events.--The Secretary may continue to permit large-scale events in defined, low impact areas of the Black Rock Desert playa in the conservation area in accordance with the management plan prepared pursuant to subsection (e). (d) Hunting, Trapping, and Fishing.--Nothing in this Act shall be deemed to diminish the jurisdiction of the State of Nevada with respect to fish and wildlife management, including regulation of hunting and fishing, on public lands within the conservation area. (e) Management Plan.--Within three years following the date of enactment of this Act, the Secretary shall develop a comprehensive resource management plan for the long-term protection and management of the conservation area. The plan shall be developed with full public participation and shall describe the appropriate uses and management of the conservation area consistent with the provisions of this Act. The plan may incorporate appropriate decisions contained in any current management or activity plan for the area and may use information developed in previous studies of the lands within or adjacent to the conservation area. (f) Grazing.--Where the Secretary of the Interior currently permits livestock grazing in the conservation area, such grazing shall be allowed to continue subject to all applicable laws, regulations, and executive orders. (g) Visitor Service Facilities.--The Secretary is authorized to establish, in cooperation with other public or private entities as the Secretary may deem appropriate, visitor service facilities for the purpose of providing information about the historical, cultural, ecological, recreational, and other resources of the conservation area. SEC. 6. WITHDRAWAL. (a) In General.--Subject to valid existing rights, all Federal lands within the conservation area and all lands and interests therein which are hereafter acquired by the United States are hereby withdrawn from all forms of entry, appropriation, or disposal under the public land laws, from location, entry, and patent under the mining laws, from operation of the mineral leasing and geothermal leasing laws and from the minerals materials laws and all amendments thereto. SEC. 7. NO BUFFER ZONES. The Congress does not intend for the establishment of the conservation area to lead to the creation of protective perimeters or buffer zones around the conservation area. The fact that there may be activities or uses on lands outside the conservation area that would not be permitted in the conservation area shall not preclude such activities or uses on such lands up to the boundary of the conservation area consistent with other applicable laws. SEC. 8. WILDERNESS. (a) Designation.--In furtherance of the purposes of the Wilderness Act of 1964 (16 U.S.C. 1131 et seq.), the following lands in the State of Nevada are designated as wilderness, and, therefore, as components of the National Wilderness Preservation System: (1) Certain lands in the Black Rock Desert Wilderness Study Area comprised of approximately 315,700 acres, as generally depicted on a map entitled ``Black Rock Desert Wilderness-- Proposed'' and dated July 19, 2000, and which shall be known as the Black Rock Desert Wilderness. (2) Certain lands in the Pahute Peak Wilderness Study Area comprised of approximately 57,400 acres, as generally depicted on a map entitled ``Pahute Peak Wilderness--Proposed'' and dated July 19, 2000, and which shall be known as the Pahute Peak Wilderness. (3) Certain lands in the North Black Rock Range Wilderness Study Area comprised of approximately 30,800 acres, as generally depicted on a map entitled ``North Black Rock Range Wilderness--Proposed'' and dated July 19, 2000, and which shall be known as the North Black Rock Range Wilderness. (4) Certain lands in the East Fork High Rock Canyon Wilderness Study Area comprised of approximately 52,800 acres, as generally depicted on a map entitled ``East Fork High Rock Canyon Wilderness--Proposed'' and dated July 19, 2000, and which shall be known as the East Fork High Rock Canyon Wilderness. (5) Certain lands in the High Rock Lake Wilderness Study Area comprised of approximately 59,300 acres, as generally depicted on a map entitled ``High Rock Lake Wilderness-- Proposed'' and dated July 19, 2000, and which shall be known as the High Rock Lake Wilderness. (6) Certain lands in the Little High Rock Canyon Wilderness Study Area comprised of approximately 48,700 acres, as generally depicted on a map entitled ``Little High Rock Canyon Wilderness--Proposed'' and dated July 19, 2000, and which shall be known as the Little High Rock Canyon Wilderness. (7) Certain lands in the High Rock Canyon Wilderness Study Area and Yellow Rock Canyon Wilderness Study Area comprised of approximately 46,600 acres, as generally depicted on a map entitled ``High Rock Canyon Wilderness--Proposed'' and dated July 19, 2000, and which shall be known as the High Rock Canyon Wilderness. (8) Certain lands in the Calico Mountains Wilderness Study Area comprised of approximately 65,400 acres, as generally depicted on a map entitled ``Calico Mountains Wilderness-- Proposed'' and dated July 19, 2000, and which shall be known as the Calico Mountains Wilderness. (9) Certain lands in the South Jackson Mountains Wilderness Study Area comprised of approximately 56,800 acres, as generally depicted on a map entitled ``South Jackson Mountains Wilderness--Proposed'' and dated July 19, 2000, and which shall be known as the South Jackson Mountains Wilderness. (10) Certain lands in the North Jackson Mountains Wilderness Study Area comprised of approximately 24,000 acres, as generally depicted on a map entitled ``North Jackson Mountains Wilderness--Proposed'' and dated July 19, 2000, and which shall be known as the North Jackson Mountains Wilderness. (b) Administration of Wilderness Areas.--Subject to valid existing rights, each wilderness area designated by this Act shall be administered by the Secretary in accordance with the provisions of the Wilderness Act, except that any reference in such provisions to the effective date of the Wilderness Act shall be deemed to be a reference to the date of enactment of this Act and any reference to the Secretary of Agriculture shall be deemed to be a reference to the Secretary of the Interior. (c) Maps and Legal Description.--As soon as practicable after the date of the enactment of this Act, the Secretary shall submit to Congress a map and legal description of the wilderness areas designated under this Act. The map and legal description shall have the same force and effect as if included in this Act, except the Secretary may correct clerical and typographical errors in such map and legal description. Copies of the map and legal description shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management. (d) Grazing.--Within the wilderness areas designated under subsection (a), the grazing of livestock, where established prior to the date of enactment of this Act, shall be permitted to continue subject to such reasonable regulations, policies, and practices as the Secretary deems necessary, as long as such regulations, policies, and practices fully conform with and implement the intent of Congress regarding grazing in such areas as such intent is expressed in the Wilderness Act and section 101(f) of Public Law 101-628. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. There is hereby authorized to be appropriated such sums as may be necessary to carry out the provisions of this Act. Passed the Senate October 5 (legislative day, September 22), 2000. Attest: GARY SISCO, Secretary.

Withdraws all Federal lands within the Area and all Federal lands subsequently acquired for the Area from all forms of entry, appropriation, or disposal under the public land, mining, minerals materials, and mineral and geothermal leasing laws. States that Congress does not intend for the creation of buffer zones around the Area. Designates specified lands in Black Rock Desert, Pahute Peak, North Black Rock Range, East Fork High Rock Canyon, High Rock Lake, Yellow Rock Canyon, Little High Rock Canyon, High Rock Canyon, Calico Mountains, South Jackson Mountains, and North Jackson Mountains Wilderness Study Areas in Nevada as wilderness, for inclusion in the National Wilderness Preservation System. Allows continued livestock grazing on such lands. Authorizes appropriations.

Black Rock Desert-High Rock Canyon Emigrant Trails National Conservation Area Act of 2000

SECTION 1. SHORT TITLE. This Act may be cited as the ``Juvenile Criminal Act of 1994''. SEC. 2. FINDINGS OF ACT. Section 101(a)(11) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5601(a)(11)) is amended by inserting the following before the semicolon: ``and on identifying hardcore youths who should be transferred from the juvenile justice system to the adult criminal justice system''. SEC. 3. PURPOSE OF ACT. Section 102(a) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5602(a)) is amended-- (1) by striking ``and'' at the end of paragraph (10); (2) by striking the period at the end of paragraph (11) and inserting ``; and''; and (3) by adding at the end the following: ``(12) to assist State and local governments in improving the identification of hardcore juvenile offenders and the removal of such offenders from the juvenile justice system.''. SEC. 4. REQUIREMENTS FOR STATE PLAN. Section 223(a)(10) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5633(a)(10)) is amended-- (1) by striking ``and'' at the end of subparagraph (N); (2) by striking the period at the end of subparagraph (O) and inserting ``; and''; and (3) by adding at the end the following: ``(P) establishment and maintenance of an effective system that requires the prosecution of at least those juveniles who are 14 years of age and older as adults, rather than in juvenile proceedings, for conduct constituting-- ``(i) murder or attempted murder; ``(ii) robbery while armed with a firearm; ``(iii) battery while armed with a firearm; ``(iv) rape while armed with a firearm; ``(v) any other crime the State determines appropriate; and ``(vi) the fourth or subsequent occasion on which such juveniles engage in an activity for which adults could be imprisoned for a term exceeding 1 year; unless, on a case-by-case basis, the transfer of such juveniles for disposition in the juvenile justice system is determined under State law to be in the interest of justice;''. SEC. 5. RECORDKEEPING REGARDING JUVENILES. Section 223(a) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5633(a)) is amended-- (1) by striking ``and'' at the end of paragraph (24); (2) by striking the period at the end of paragraph (25) and inserting ``; and''; and (3) by adding at the end the following: ``(26) provide that the State will ensure that whenever a juvenile is adjudicated in a juvenile proceeding to have engaged in the conduct constituting an offense described in paragraph (10)(P) that-- ``(A) a record is kept relating to that adjudication which is-- ``(i) equivalent to the record that would be kept of an adult conviction for that offense; ``(ii) retained for a period of time that is equal to the period of time records are kept for adult convictions; and ``(iii) made available to law enforcement officials to the same extent that a record of an adult conviction would be made available; ``(B) the juvenile is fingerprinted and photographed, and the fingerprints and photograph are sent to the Federal Bureau of Investigation; and ``(C) the court in which the adjudication takes place transmits to the Federal Bureau of Investigation the information concerning the adjudication, including the name and birth date of the juvenile, date of adjudication, and disposition.''. SEC. 6. FINANCIAL INCENTIVE. Section 223(c)(3) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5633(c)(3)) is amended-- (1) by striking ``the requirements of subsection (a), (12)(A), (13), (14), or (23)'' and inserting ``any requirement of paragraph (10)(P), (12)(A), (13), (14), (23), or (26) of subsection (a)''; and (2) in subparagraph (A) by striking ``25 percent'' and inserting ``16\2/3\ percent''. SEC. 7. EFFECTIVE DATE; APPLICATION OF AMENDMENTS. (a) Effective Date.--Except as provided in subsection (b), this Act and the amendments made by this Act shall take effect on the date of the enactment of this Act. (b) Application of Amendments.--(1) The amendments made by this Act shall not apply with respect to fiscal years beginning before January 1, 1995. (2) The amendments made by sections 3, 4, and 5 shall not apply with respect to a State before the first fiscal year that begins after the end of the first regular session of the State legislature following the date of the enactment of this Act.

Juvenile Criminal Act of 1994 - Amends the Juvenile Justice and Delinquency Prevention Act of 1974 to include among the Act's: (1) findings that emphasis should be placed on identifying hardcore youths who should be transferred from the juvenile justice system to the adult criminal justice system; and (2) purposes to assist State and local governments in improving the identification of hardcore juvenile offenders and the removal of such offenders from the juvenile justice system. Requires State plans under the Act to provide: (1) specified funding for the establishment and maintenance of an effective system that requires the prosecution of at least those juveniles who are 14 years of age and older as adults, rather than in juvenile proceedings, for listed offenses (murder or attempted murder; robbery, battery, or rape while armed with a firearm; any other crime the State deems appropriate; and the fourth or subsequent occasion on which such juveniles engage in an activity for which adults could be imprisoned for a term exceeding one year) unless, on a case-by-case basis, the transfer of such juveniles for disposition in the juvenile justice system is determined under State law to be in the interest of justice; and (2) that the State ensure that whenever a juvenile is adjudicated in a juvenile proceeding to have engaged in such offenses that a record be kept relating to that adjudication, the juvenile be fingerprinted and photographed (with such fingerprints and photograph sent to the Federal Bureau of Investigation (FBI)), and the court in which the adjudication takes place transmit to the FBI information concerning the adjudication and disposition. Provides for a reduction of sums allotted to a State for a fiscal year by 16 2/3 percent for each of specified paragraphs of the Act with respect to which noncompliance occurs. (Current law provides for a reduction by 25 percent and doesn't include the requirements added by this Act in determining noncompliance.)

Juvenile Criminal Act of 1994

SECTION 1. TRANSFERS OF MOTORBOAT FUEL TAXES FROM HIGHWAY TRUST FUND. (a) Authorization of Transfers.--Section 9503(c)(4) of the Internal Revenue Code of 1986 (26 U.S.C. 9503(c)(4)) is amended-- (1) by striking subparagraph (A) of section 9503(c)(4); (2) by redesignating subparagraph (B) as subparagraph (A) and amending it to read as follows: ``(A) $1,000,000 per year transferred to land and water conservation fund.-- ``(i) In general.--The Secretary shall pay from time to time from the Highway Trust Fund into the land and water conservation fund provided for in title I of the Land and Water Conservation Fund Act of 1965 amounts (as determined by him) equivalent to the motorboat fuel taxes received on or after October 1, 1993, and before October 1, 1997. ``(ii) Limitation.--The aggregate amount transferred under this subparagraph during any fiscal year shall not exceed $1,000,000.''; (3) by striking ``or (B)'' in clause (ii) of subparagraph (B) (as so redesignated); and (4) by redesignating subparagraphs (D) and (E) as subparagraphs (C) and (D), respectively. (b) Technical Amendment.--Section 9504(d) of the Internal Revenue Code of 1986 (26 U.S.C. 9504(d)) is amended by striking ``Boat Safety Account and''. (c) Effective Date.--This amendment shall be effective October 1, 1993. SEC. 2. TECHNICAL AMENDMENTS TO AQUATIC RESOURCES TRUST FUND. (a) Section 9504(a)(2) of the Internal Revenue Code of 1986 (26 U.S.C. 9504(a)(2)) is amended by inserting after ``section 9602(b)'' the following: ``of this title, or as provided in subsection 4(a) of the Act entitled `An Act to provide that the United States shall aid the States in fish restoration and management projects, and for other purposes', approved August 9, 1950 (64 Stat. 430; 16 U.S.C. 777c), as amended,''. (b) Section 9504(b)(2)(A) of the Internal Revenue Code of 1986 (26 U.S.C. 9504(b)(2)(A)) is amended by striking ``(as in effect on October 1, 1988)''. (c) Section 9504(c) of the Internal Revenue Code of 1986 (26 U.S.C. 9504(c)) is amended to read as follows: ``(c) Expenditures From Boat Safety Account.--Amounts in the Boat Safety Account shall be available for making expenditures before April 1, 1999, to carry out the purposes of section 13106 of title 46, United States Code.''. (d) Effective Dates.--The amendment to section (a) shall be effective October 1, 1994. The amendments to sections (b) and (c) shall be effective October 1, 1993. SEC. 3. FUNDING FOR RECREATIONAL BOATING SAFETY PROGRAMS. (a) Transfer.--Section 4 of the Act of August 9, 1950 (16 U.S.C. 777c) is amended-- (1) by redesignating subsections (a), (b), (c), (d), and (e) in order, as subsections (b), (c), (d), (e), and (f); (2) by inserting before subsection (b) (as so redesignated) the following new subsection: ``(a) Of each annual appropriation made in accordance with the provisions of section 3 of this Act (16 U.S.C. 777b) from transfers made from the Highway Trust Fund to the Sport Fish Restoration Account for motorboat fuel taxes received on or after October 1, 1993, and before October 1, 1997, the Secretary of the Interior shall transfer to the Boat Safety Account of the Aquatic Resources Trust Fund an amount equal to $77,500,000 for fiscal year 1995, $80,000,000 for each of fiscal years 1996 and 1997, and $90,000,000 for fiscal year 1998, to be expended by the Secretary of Transportation for recreational boating safety programs under section 13106 of title 46, United States Code.''; (3) in subsection (b) (as so redesignated) by striking ``The Secretary of the Interior'' through ``section 3 of this Act'' and inserting the following: ``Of the balance of each annual appropriation remaining after making the distribution under subsection (a), the Secretary of the Interior shall distribute 18 per centum''; (4) by amending subsection (c) (as so redesignated) to read as follows: ``(c) Of the balance of each annual appropriation remaining after making the distribution under subsections (a) and (b), an amount equal to $7,500,000 for fiscal year 1995, and $10,000,000 for each of fiscal years 1996 and 1997, shall be available for two years for obligation under section 5604(c) of the Clean Vessel Act of 1992. The Secretary of the Interior may make grants for qualified projects in an amount up to the amount available under this paragraph. Amounts unobligated by the Secretary of the Interior after two years shall be transferred to the Secretary of Transportation and be expended for State recreational boating safety programs under section 13106(b)(1) of title 46, United States Code.''; (5) in subsection (d) (as so redesignated) by striking ``(a) and (b)'' and inserting ``(a), (b), and (c)''; and (6) in subsection (e) (as so redesignated) by striking ``and (c)'' and inserting ``(c), and (d)''. (b) Effective Date.--This amendment shall be effective October 1, 1994. SEC. 4. AUTHORIZATION OF EXPENDITURES FOR RECREATIONAL BOATING SAFETY PROGRAMS. Section 13106 of title 46, United States Code, is amended-- (1) by striking subsection (c); (2) by redesignating subsections (a) and (b), in order, as subsections (b) and (c); (3) by inserting before subsection (b) (as so redesignated) the following new subsection: ``(a) Of the amount transferred for each fiscal year to the Boat Safety Account under section 4 of the Act of August 9, 1950 (16 U.S.C. 777c), as amended, $35,000,000 is available to the Secretary for expenditures out of the operating expenses account of the Coast Guard for services provided by the Coast Guard for recreational boating safety, including services provided by the Coast Guard Auxiliary. Amounts made available by this subsection shall remain available until expended.''; (4) by amending subsection 13106(b)(1) (as so redesignated) to read as follows: ``(b)(1) Subject to paragraph (2), the Secretary may expend the balance of the amount transferred each fiscal year to the Boat Safety Account under section 4 of the Act of August 9, 1950 (16 U.S.C. 777c), as amended, for State recreational boating safety programs as provided under the guidelines established under subsection (c) of this section. The amount shall be allocated as provided under section 13103 of this title. Amounts made available by this subsection shall remain available until expended. Amounts previously obligated but released by payment of a final voucher or modification of a program acceptance shall be credited to the balance of unobligated amounts and are immediately available for expenditure.''; (5) by amending the catchline of section 13106 to read as follows: ``Sec. 13106. Spending authority for recreational boating safety programs''; and (6) by amending the item relating to section 13106 in the table of sections at the beginning of chapter 131 of title 46, United States Code, to read as follows: ``13106. Spending authority for recreational boating safety programs.''. (b) Effective Date.--This amendment shall be effective October 1, 1994.

Amends the Internal Revenue Code to require the transfer of specified amounts equivalent to the motorboat fuel taxes received during a year by the Highway Trust Fund to the land and water conservation fund. Extends the authority to make amounts in the Boat Safety Account available for State recreational boating safety programs. Amends the Dingell-Johnson Sport Fish Restoration Act to require for FY 1995 through 1998 the transfer of specified amounts from the Sport Fish Restoration Account to the Boat Safety Account of the Aquatic Resources Trust Fund for recreational boating safety programs. Earmarks specified amounts for qualified projects under the Clean Vessel Act of 1992. Transfers unobligated amounts for recreational boating safety programs. Amends Federal shipping law to make a specified amount of funds from the Boat Safety Account available for expenditures out of the operating expenses account of the Coast Guard for services provided by it for recreational boating safety, including services provided by the Coast Guard Auxiliary. Authorizes expenditure of the balance of amounts transferred each year to the Boat Safety Account for State recreational boating safety programs.

A bill entitled the Recreational Boating Safety Program Funding Improvement Act.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Honest Services Restoration Act''. SEC. 2. AMENDMENT TO TITLE 18. (a) In General.--Chapter 63 of title 18, United States Code, is amended by inserting after section 1346 the following: ``Sec. 1346A. Definition of `scheme or artifice to defraud' ``(a) For purposes of this chapter, the term `scheme or artifice to defraud' also includes-- ``(1) a scheme or artifice by a public official to engage in undisclosed self-dealing; or ``(2) a scheme or artifice by officers and directors to engage in undisclosed private self-dealing. ``(b)(1) In subsection (a)(1)-- ``(A) the term `undisclosed self-dealing' means that-- ``(i) a public official performs an official act for the purpose, in whole or in part, of benefitting or furthering a financial interest of-- ``(I) the public official; ``(II) the public official's spouse or minor child; ``(III) a general partner of the public official; ``(IV) a business or organization in which the public official is serving as an employee, officer, director, trustee, or general partner; ``(V) an individual, business, or organization with whom the public official is negotiating for, or has any arrangement concerning, prospective employment or financial compensation; or ``(VI) a person, business, or organization from whom the public official has received a thing of value or a series of things of value, otherwise than as provided by law for the proper discharge of official duty, or by rule or regulation; and ``(ii) the public official knowingly falsifies, conceals, or covers up material information that is required to be disclosed regarding that financial interest by any Federal, State, or local statute, rule, regulation, or charter applicable to the public official, or knowingly fails to disclose material information regarding that financial interest in a manner that is required by any Federal, State, or local statute, rule, regulation, or charter applicable to the public official; ``(B) the term `public official' means an officer, employee, or elected or appointed representative, or person acting for or on behalf of the United States, a State, or subdivision of a State, or any department, agency, or branch thereof, in any official function, under or by authority of any such department agency or branch of Government; ``(C) the term `official act'-- ``(i) includes any act within the range of official duty, and any decision, recommendation, or action on any question, matter, cause, suit, proceeding, or controversy, which may at any time be pending, or which may by law be brought before any public official, in such public official's official capacity or in such official's place of trust or profit; ``(ii) can be a single act, more than one act, or a course of conduct; and ``(iii) includes a decision or recommendation that the Government should not take action; and ``(D) the term `State' includes a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States. ``(2) In subsection (a)(2)-- ``(A) the term `undisclosed private self-dealing' means that-- ``(i) an officer or director performs an act which causes or is intended to cause harm to the officer's or director's employer, and which is undertaken in whole or in part to benefit or further by an actual or intended value of $5,000 or more a financial interest of-- ``(I) the officer or director; ``(II) the officer or director's spouse or minor child; ``(III) a general partner of the officer or director; ``(IV) another business or organization in which the public official is serving as an employee, officer, director, trustee, or general partner; or ``(V) an individual, business, or organization with whom the officer or director is negotiating for, or has any arrangement concerning, prospective employment or financial compensation; and ``(ii) the officer or director knowingly falsifies, conceals, or covers up material information that is required to be disclosed regarding that financial interest by any Federal, State, or local statute, rule, regulation, or charter applicable to the officer or director, or knowingly fails to disclose material information regarding that financial interest in a manner that is required by any Federal, State, or local statute, rule, regulation, or charter applicable to the officer or director; ``(B) the term `employer' includes publicly traded corporations, and private charities under section 501(c)(3) of the Internal Revenue Code of 1986; and ``(C) the term `act' includes a decision or recommendation to take, or not to take action, and can be a single act, more than one act, or a course of conduct.''. (b) Chapter Analysis.--The chapter analysis for chapter 63 of title 18, United States Code, is amended by inserting after the item for section 1346 the following: ``Sec. 1346A. Definition of `scheme or artifice to defraud'.''.

Honest Services Restoration Act - Amends the federal criminal code to expand the definition of "scheme or artifice to defraud," for purposes of fraud offenses, to include: (1) a scheme or artifice by a public official to engage in undisclosed self-dealing; or (2) a scheme or artifice by officers and directors to engage in undisclosed private self-dealing. Defines "undisclosed self-dealing" to mean: (1) performing an official act to benefit or further a financial interest of the public official, a spouse or minor child, a general partner, a business or organization in which the public official is serving as an employee, officer, director, trustee, or general partner, or an individual, business, or organization with whom the public official is negotiating for, or has any arrangement concerning, prospective employment or financial compensation; and (2) knowingly falsifying, concealing, covering up, or failing to disclose material information regarding a financial interest as required by law. Defines "undisclosed private self-dealing" to mean: (1) performing an act which causes or is intended to cause harm to the employer of the officer or director and which is undertaken to benefit or further by an actual or intended value of $5,000 or more a financial interest of the officer or director, a spouse or minor child, a general partner, another business or organization in which the officer or director is serving as an employee, officer, director, trustee, or general partner, or an individual, business, or organization with whom the officer or director is negotiating for, or has any arrangement concerning, prospective employment or financial compensation; and (2) knowingly falsifying, concealing, covering up, or failing to disclose material information regarding a financial interest as required by law.

A bill to expand the definition of scheme or artifice to defraud with respect to mail and wire fraud.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Tax Deduction Fairness Act of 1999''. SEC. 2. DEDUCTION OF STATE AND LOCAL GENERAL SALES TAXES IN LIEU OF STATE AND LOCAL INCOME TAXES. (a) In General.--Subsection (b) of section 164 of the Internal Revenue Code of 1986 (relating to definitions and special rules) is amended by adding at the end thereof the following new paragraph: ``(5) General sales taxes.--For purposes of subsection (a)-- ``(A) Election to deduct state and local sales taxes in lieu of state and local income taxes.-- ``(i) In general.--At the election of the taxpayer for the taxable year, subsection (a) shall be applied-- ``(I) without regard to the reference to State and local income taxes, ``(II) as if State and local general sales taxes were referred to in a paragraph thereof, and ``(III) without regard to the last sentence. ``(B) Definition of general sales tax.--The term `general sales tax' means a tax imposed at one rate in respect of the sale at retail of a broad range of classes of items. ``(C) Special rules for food, etc.--In the case of items of food, clothing, medical supplies, and motor vehicles-- ``(i) the fact that the tax does not apply in respect of some or all of such items shall not be taken into account in determining whether the tax applies in respect of a broad range of classes of items, and ``(ii) the fact that the rate of tax applicable in respect of some or all of such items is lower than the general rate of tax shall not be taken into account in determining whether the tax is imposed at one rate. ``(D) Items taxed at different rates.--Except in the case of a lower rate of tax applicable in respect of an item described in subparagraph (C), no deduction shall be allowed under this paragraph for any general sales tax imposed in respect of an item at a rate other than the general rate of tax. ``(E) Compensating use taxes.--A compensating use tax in respect of an item shall be treated as a general sales tax. For purposes of the preceding sentence, the term `compensating use tax' means, in respect of any item, a tax which-- ``(i) is imposed on the use, storage, or consumption of such item, and ``(ii) is complementary to a general sales tax, but only if a deduction is allowable under this paragraph in respect of items sold at retail in the taxing jurisdiction which are similar to such item. ``(F) Special rule for motor vehicles.--In the case of motor vehicles, if the rate of tax exceeds the general rate, such excess shall be disregarded and the general rate shall be treated as the rate of tax. ``(G) Separately stated general sales taxes.--If the amount of any general sales tax is separately stated, then, to the extent that the amount so stated is paid by the consumer (otherwise than in connection with the consumer's trade or business) to his seller, such amount shall be treated as a tax imposed on, and paid by, such consumer. ``(H) Amount of deduction to be determined under tables.-- ``(i) In general.--The amount of the deduction allowed by this paragraph shall be determined under tables prescribed by the Secretary. ``(ii) Requirements for tables.--The tables prescribed under clause (i) shall reflect the provisions of this paragraph and shall be based on the average consumption by taxpayers on a State-by-State basis, as determined by the Secretary, taking into account filing status, number of dependents, adjusted gross income, and rates of State and local general sales taxation.''. (b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.

Tax Deduction Fairness Act of 1999 - Amends the Internal Revenue Code to allow a taxpayer to elect, when itemizing, to deduct State and local general sales taxes in lieu of State and local income taxes. Limits such deduction to a tax imposed at one rate in respect of the sale at retail of a broad range of classes of items (including food, clothing, medical supplies, and motor vehicles).

Tax Deduction Fairness Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Ashanti Alert Act of 2018''. SEC. 2. ESTABLISHMENT OF ASHANTI ALERT COMMUNICATIONS NETWORK. Kristen's Act (Public Law 106-468; 114 Stat. 2027) is amended-- (1) by inserting before section 2 (34 U.S.C. 40504) the following: ``TITLE I--GRANTS''; (2) by redesignating sections 2 (34 U.S.C. 40504) and 3 (34 U.S.C. 40504 note) as sections 101 and 102, respectively; (3) in section 101(b), as so redesignated, by striking ``this Act'' and inserting ``this title''; (4) in section 102, as so redesignated, by striking ``this Act'' and inserting ``this title''; and (5) by adding at the end the following: ``TITLE II--ASHANTI ALERT COMMUNICATIONS NETWORK ``SEC. 201. DEFINITIONS. ``In this title: ``(1) AMBER alert communications network.--The term `AMBER Alert communications network' means the AMBER Alert communications network established under subtitle A of title III of the PROTECT Act (34 U.S.C. 20501 et seq.). ``(2) Ashanti alert.--The term `Ashanti Alert' means an alert issued through the Ashanti Alert communications network, related to a missing adult. ``(3) Ashanti alert communications network.--The term `Ashanti Alert communications network' means the national communications network established by the Attorney General under section 202(a). ``(4) Ashanti alert coordinator of the department of justice; coordinator.--The term `Ashanti Alert Coordinator of the Department of Justice' or `Coordinator' means the employee designated by the Attorney General to act as the national coordinator of the Ashanti Alert communications network under section 203(a). ``(5) Ashanti alert plan.--The term `Ashanti Alert plan' means a local element of the Ashanti Alert communications network. ``(6) Indian tribe.--The term `Indian Tribe' means a federally recognized Indian Tribe or a Native village, Regional Corporation, or Village Corporation (as those terms are defined in section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602)). ``(7) Missing adult.--The term `missing adult' means an individual who-- ``(A) is older than the age for which an alert may be issued through the AMBER Alert communications network in the State or territory of an Indian Tribe in which the individual is identified as a missing individual; ``(B) is identified by a law enforcement agency as a missing individual; and ``(C) meets the requirements to be designated as a missing adult, as determined by the State in which, or the Indian Tribe in the territory of which, the individual is identified as a missing individual. ``(8) State.--The term `State' means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. ``SEC. 202. ASHANTI ALERT COMMUNICATIONS NETWORK. ``(a) In General.--The Attorney General shall, subject to the availability of appropriations, establish a national communications network within the Office of Justice Programs of the Department of Justice to provide assistance to regional and local search efforts for missing adults through the initiation, facilitation, and promotion of local elements of the network, in coordination with States, Indian Tribes, units of local government, law enforcement agencies, and other concerned entities with expertise in providing services to adults. ``(b) Integration With Existing Communications Network.--In establishing the Ashanti Alert communications network under subsection (a), the Attorney General shall coordinate, when advisable, with missing person alert systems in existence as of the date of enactment of this title, such as the AMBER Alert communications network and Silver Alert communications networks. ``SEC. 203. ASHANTI ALERT COORDINATOR. ``(a) National Coordinator Within Department of Justice.--The Attorney General shall designate an employee of the Office of Justice Programs of the Department of Justice to act as the national coordinator of the Ashanti Alert communications network. ``(b) Duties of the Coordinator.--In acting as the national coordinator of the Ashanti Alert communications network, the Coordinator shall-- ``(1) work with States and Indian Tribes to encourage the development of additional Ashanti Alert plans in the network; ``(2) establish voluntary guidelines for States and Indian Tribes to use in developing Ashanti Alert plans that will promote compatible and integrated Ashanti Alert plans throughout the United States, including-- ``(A) a list of the resources necessary to establish an Ashanti Alert plan; ``(B) criteria for evaluating whether a situation warrants issuing an Ashanti Alert, taking into consideration the need for the use of Ashanti Alerts to be limited in scope because the effectiveness of the Ashanti Alert communications network may be affected by overuse, including criteria to determine-- ``(i) whether the mental capacity of an adult who is missing, and the circumstances of his or her disappearance, including any history of domestic violence, sexual assault, child abuse, or human trafficking, warrant the issuance of an Ashanti Alert; and ``(ii) whether the individual who reports that an adult is missing is an appropriate and credible source on which to base the issuance of an Ashanti Alert; ``(C) a description of the appropriate uses of the Ashanti Alert name to readily identify the nature of search efforts for missing adults; and ``(D) recommendations on how to protect the privacy, dignity, independence, autonomy, and safety of any missing adult who may be the subject of an Ashanti Alert; ``(3) develop proposed protocols for efforts to recover missing adults and to reduce the number of adults who are reported missing, including protocols for procedures that are needed from the time of initial notification of a law enforcement agency that the adult is missing through the time of the return of the adult to family, guardian, or domicile, as appropriate, including-- ``(A) public safety communications protocol; ``(B) case management protocol; ``(C) command center operations; ``(D) reunification protocol; ``(E) incident review, evaluation, debriefing, and public information procedures; and ``(F) protocols for declining to issue an Ashanti Alert; ``(4) work with States and Indian Tribes to ensure appropriate regional coordination of various elements of the network; ``(5) establish an advisory group to assist States, Indian Tribes, units of local government, law enforcement agencies, and other entities involved in the Ashanti Alert communications network with initiating, facilitating, and promoting Ashanti Alert plans, which shall include-- ``(A) to the maximum extent practicable, representation from the various geographic regions of the United States; and ``(B) members who are-- ``(i) representatives of adult citizen advocacy groups, law enforcement agencies, victim service providers (as defined in section 40002(a) of the Violence Against Women Act of 1994 (34 U.S.C. 12291(a)), and public safety communications; ``(ii) broadcasters, first responders, dispatchers, and radio station personnel; and ``(iii) representatives of any other individuals or organizations that the Coordinator determines are necessary to the success of the Ashanti Alert communications network; and ``(6) act as the nationwide point of contact for-- ``(A) the development of the network; and ``(B) regional coordination of alerts for missing adults through the network. ``(c) Coordination.-- ``(1) Coordination with other agencies.--The Coordinator shall coordinate and consult with the Secretary of Transportation, the Federal Communications Commission, the Assistant Secretary for Aging of the Department of Health and Human Services, and other appropriate offices of the Department of Justice, including the Office on Violence Against Women, in carrying out activities under this title. ``(2) State, tribal, and local coordination.--The Coordinator shall consult with local broadcasters and State, Tribal, and local law enforcement agencies in establishing minimum standards under section 204 and in carrying out other activities under this title, as appropriate. ``(d) Annual Reports.-- ``(1) In general.--Not later than 1 year after the date of enactment of this title, and annually thereafter, the Coordinator shall submit to Congress a report on-- ``(A) the activities of the Coordinator; and ``(B) the effectiveness and status of the Ashanti Alert plan of each State or Indian Tribe that has established or is in the process of establishing such a plan. ``(2) Contents.--Each report under paragraph (1) shall include-- ``(A) a list of each State or Indian Tribe that has established an Ashanti Alert plan; ``(B) a list of each State or Indian Tribe that is in the process of establishing an Ashanti Alert plan; ``(C) for each State or Indian Tribe that has established an Ashanti Alert plan, to the extent the data is available-- ``(i) the number of Ashanti Alerts issued; ``(ii) the number of missing adults located successfully; ``(iii) the average period of time between the issuance of an Ashanti Alert and the location of the missing adult for whom the Alert was issued; ``(iv) the State or Tribal agency or authority issuing Ashanti Alerts, and the process by which Ashanti Alerts are disseminated; ``(v) the cost of establishing and operating the Ashanti Alert plan; ``(vi) the criteria used by the State or Indian Tribe to determine whether to issue an Ashanti Alert; and ``(vii) the extent to which missing adults for whom Ashanti Alerts were issued crossed State lines or territorial borders of an Indian Tribe; ``(D) actions States and Indian Tribes have taken to protect the privacy and dignity of the missing adults for whom Ashanti Alerts are issued; ``(E) ways that States and Indian Tribes have facilitated and improved communication about missing adults between families, caregivers, law enforcement officials, and other authorities; and ``(F) any other information the Coordinator determines to be appropriate. ``SEC. 204. MINIMUM STANDARDS FOR ISSUANCE AND DISSEMINATION OF ALERTS THROUGH ASHANTI ALERT COMMUNICATIONS NETWORK. ``(a) Establishment of Minimum Standards.--Subject to subsection (b), the Coordinator shall establish minimum standards for-- ``(1) the issuance of alerts through the Ashanti Alert communications network; and ``(2) the extent of the dissemination of alerts issued through the Ashanti Alert communications network. ``(b) Limitations.-- ``(1) Dissemination of information.--The minimum standards established under subsection (a) shall, to the maximum extent practicable (as determined by the Coordinator in consultation with State, Tribal, and local law enforcement agencies), provide for the dissemination of appropriate information relating to the special needs of a missing adult (including health care needs) to the appropriate law enforcement, public health, and other public officials. ``(2) Geographic areas.--The minimum standards established under subsection (a) shall, to the maximum extent practicable (as determined by the Coordinator in consultation with State, Tribal, and local law enforcement agencies), provide that the dissemination of an alert through the Ashanti Alert communications network shall be limited to the geographic areas that the missing adult could reasonably reach, considering-- ``(A) the circumstances and physical and mental condition of the missing adult; ``(B) the modes of transportation available to the missing adult; and ``(C) the circumstances of the disappearance. ``(3) Other requirements.--The minimum standards established under subsection (a) shall require that, in order for an Ashanti Alert to be issued for a missing adult, the missing adult-- ``(A) suffers from a proven mental or physical disability, as documented by a source determined credible by an appropriate law enforcement agency; or ``(B) be missing under circumstances that indicate, as determined by an appropriate law enforcement agency-- ``(i) that the physical safety of the missing adult may be endangered; or ``(ii) that the disappearance of the missing adult may not have been voluntary, including an abduction or kidnapping. ``(4) Safety, privacy, and civil liberties protections.--The minimum standards established under subsection (a) shall-- ``(A) ensure that alerts issued through the Ashanti Alert communications network comply with all applicable Federal, State, Tribal, and local privacy laws and regulations; ``(B) include standards that specifically provide for the protection of the civil liberties and sensitive medical information of missing adults; and ``(C) include standards requiring, as appropriate, a review of relevant court records, prior contacts with law enforcement, and other information relevant to the missing adult or the individual reporting, in order to provide protections against domestic violence. ``(5) State, tribal, and local voluntary coordination.--In establishing minimum standards under subsection (a), the Coordinator may not interfere with the system of voluntary coordination between local broadcasters and State, Tribal, and local law enforcement agencies for purposes of regional and local search efforts for missing adults that was in effect on the day before the date of enactment of this title. ``SEC. 205. VOLUNTARY PARTICIPATION. ``The minimum standards established under section 204(a), and any other guidelines and programs established under section 203, shall be adoptable on a voluntary basis only. ``SEC. 206. TRAINING AND EDUCATIONAL PROGRAMS. ``The Coordinator shall make available to States, Indian Tribes, units of local government, law enforcement agencies, and other concerned entities that are involved in initiating, facilitating, or promoting Ashanti Alert plans, including broadcasters, first responders, dispatchers, public safety communications personnel, and radio station personnel-- ``(1) training and educational programs related to the Ashanti Alert communications network and the capabilities, limitations, and anticipated behaviors of missing adults, which the Coordinator shall update regularly to encourage the use of new tools, technologies, and resources in Ashanti Alert plans; and ``(2) informational materials, including brochures, videos, posters, and websites to support and supplement the training and educational programs described in paragraph (1). ``SEC. 207. AUTHORIZATION OF APPROPRIATIONS. ``There is authorized to be appropriated to the Attorney General $3,000,000 to carry out the Ashanti Alert communications network as authorized under this title for each of fiscal years 2019 through 2022.''. SEC. 3. EMERGENCY FEDERAL LAW ENFORCEMENT ASSISTANCE. Section 609Y(a) of the Justice Assistance Act of 1984 (34 U.S.C. 50112(a)) is amended by striking ``September 30, 2021'' and inserting ``September 30, 2022''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Ashanti Alert Act of 2018 This bill directs the Department of Justice (DOJ) to establish a national communications network—the Ashanti Alert communications network—to support regional and local search efforts for missing adults. The Ashanti Alert communications network must operate in coordination with the AMBER Alert communications network (i.e., the communications network that supports search efforts for abducted children).

Ashanti Alert Act of 2018

SECTION 1. SHORT TITLE. This Act may be cited as the ``Child's Insurance Benefits Improvement Act of 2014''. SEC. 2. ADJUSTMENT OF AGE LIMIT FOR RECEIPT OF CHILD'S BENEFIT BY A DISABLED INDIVIDUAL. (a) Entitlement and Re-Entitlement for Child's Benefit.--Section 202(d) of the Social Security Act (42 U.S.C. 402(d)) is amended-- (1) in subparagraphs (B) and (G) of paragraph (1), by striking ``age of 22'' each place it appears and inserting ``age of 26''; and (2) in paragraph (6)(A), by striking ``age of 22'' and inserting ``age of 26''. (b) Exemption From Suspension of Benefits.--Section 225(a) of the Social Security Act (42 U.S.C. 425(a)) is amended by striking ``age of 22'' and inserting ``age of 26''. (c) Medicaid Eligibility.--Subsection (c) of section 1634 of the Social Security Act (42 U.S.C. 1383c) is amended by striking ``age of 22'' and inserting ``age of 26''. SEC. 3. ADJUSTMENT OF AGE LIMITS FOR CALCULATION OF RECENT WORK FOR DISABILITY DETERMINATIONS. (a) In General.--Subparagraph (B) of section 216(i)(3) of the Social Security Act (42 U.S.C. 416(i)(3)) is amended-- (1) by striking ``or'' at the end of clause (ii); (2) by redesignating clause (iii) as clause (iv); (3) by inserting after clause (ii) the following new clause: ``(iii) if such quarter ends before he attains (or would attain) age 35, not less than one-half (and not less than 6) of the quarters during the period ending with such quarter and beginning after he attained the age of 25 were quarters of coverage, or (if the number of quarters in such period is less than 12) not less than 6 of the quarters in the 12-quarter period ending with such quarter were quarters of coverage,''; (4) in clause (iv), as so redesignated-- (A) by inserting ``or (iii)'' after ``clause (ii)''; and (B) by striking the semicolon at the end and inserting ``, or''; and (5) by adding after clause (iv), as so redesignated, the following new clause: ``(v) in the case of an individual (not otherwise insured under clause (i)) who, by reason of clause (ii) or (iii), had a prior period of disability that began during a period before the quarter in which he or she attained age 35, not less than one-half of the quarters beginning after such individual attained age 25 and ending with such quarter are quarters of coverage, or (if the number of quarters in such period is less than 12) not less than 6 of the quarters in the 12-quarter period ending with such quarter are quarters of coverage;''. (b) Conforming Amendment.--Subparagraph (B) of section 223(c)(1) of the Social Security Act (42 U.S.C. 423(c)(1)) is amended-- (1) by striking ``or'' at the end of clause (ii); (2) by redesignating clause (iii) as clause (iv); (3) by inserting after clause (ii) the following new clause: ``(iii) if such month ends before the quarter in which he attains (or would attain) age 35, not less than one-half (and not less than 6) of the quarters during the period ending with the quarter in which such month occurred and beginning after he attained the age of 25 were quarters of coverage, or (if the number of quarters in such period is less than 12) not less than 6 of the quarters in the 12-quarter period ending with such quarter were quarters of coverage,''; and (4) in clause (iv), as so redesignated-- (A) by striking ``section 216(i)(3)(B)(ii)'' and inserting ``clause (ii) or (iii) of section 216(i)(3)(B)''; and (B) by striking the semicolon at the end and inserting ``, or''; and (5) by adding after clause (iv), as so redesignated, the following new clause: ``(v) in the case of an individual (not otherwise insured under clause (i)) who, by reason of clause (ii) or (iii) of section 216(i)(3)(B), had a prior period of disability that began during a period before the quarter in which he or she attained age 35, not less than one-half of the quarters beginning after such individual attained age 25 and ending with the quarter in which such month occurs are quarters of coverage, or (if the number of quarters in such period is less than 12) not less than 6 of the quarters in the 12-quarter period ending with such quarter are quarters of coverage;''. SEC. 4. EFFECTIVE DATE. The amendments made by this Act shall apply to any individual who is under a disability (as defined in section 223(d) of the Social Security Act) that began before, on, or after the date of enactment of this Act and continues, but only with respect to child's insurance benefits or disability insurance benefits under title II of the Social Security Act for months beginning after such date of enactment.

Child's Insurance Benefits Improvement Act of 2014 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act (SSA), with respect to child insurance benefits based on disability, to raise from 22 to 26 the cut-off age for entitlement and re-entitlement to such benefits. Raises from 22 to 26 the cut-off age before which the suspension of disability benefits, based on evidence that the disability has ceased, shall not apply to a full-time student. Amends SSA title XVI (Supplemental Security Income) (SSI) to raise from 22 to 26 the cut-off age at which individuals receiving SSI benefits based on blindness or disability cease to be entitled to SSI benefits and become entitled to child's OASDI benefits based on disability. Amends SSA title II to adjust related age limits for calculation of recent work for disability determinations.

Child's Insurance Benefits Improvement Act of 2014

SECTION 1. SHORT TITLE; AMENDMENT OF 1986 CODE. (a) Short Title.--This Act may be cited as the ``Enterprise Capital Formation Act of 1997''. (b) Amendment of 1986 Code.--Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986. SEC. 2. FINDINGS. The Congress hereby finds that-- (1) investments in small business venture capital stock should be encouraged because of both the special risks and the social and economic benefits associated with such investments, (2) the exclusion from income of gain on small business venture capital stock is an important incentive for individuals and corporations to invest in such stock, and (3) tax incentives for investments in capital assets in general should be supplemented with an effective tax incentive for investments in small business venture capital stock. SEC. 3. MODIFICATIONS TO EXCLUSION OF GAIN ON CERTAIN SMALL BUSINESS STOCK. (a) Increase in Exclusion Percentage.-- (1) In general.--Subsection (a) of section 1202 is amended-- (A) by striking ``50 percent'' and inserting ``75 percent'', and (B) by striking ``50-Percent'' in the heading and inserting ``Partial''. (2) Conforming amendments.-- (A) The heading for section 1202 is amended by striking ``50-percent'' and inserting ``Partial''. (B) The table of sections for part I of subchapter P of chapter 1 is amended by striking ``50-percent'' in the item relating to section 1202 and inserting ``Partial''. (b) Reduction in Holding Period.--Subsection (a) of section 1202 is amended by striking ``5 years'' and inserting ``3 years''. (c) Exclusion Available to Corporations.-- (1) In general.--Subsection (a) of section 1202 is amended by striking ``other than a corporation''. (2) Technical amendment.--Subsection (c) of section 1202 is amended by adding at the end the following new paragraph: ``(4) Stock held among members of controlled group not eligible.--Stock of a member of a parent-subsidiary controlled group (as defined in subsection (d)(3)) shall not be treated as qualified small business stock while held by another member of such group.''. (d) Repeal of Minimum Tax Preference.-- (1) In general.--Subsection (a) of section 57 is amended by striking paragraph (7). (2) Technical amendment.--Subclause (II) of section 53(d)(1)(B)(ii) is amended by striking ``, (5), and (7)'' and inserting ``and (5)''. (e) Stock of Larger Businesses Eligible for Exclusion.-- (1) Paragraph (1) of section 1202(d) is amended by striking ``$50,000,000'' each place it appears and inserting ``$100,000,000''. (2) Subsection (d) of section 1202 is amended by adding at the end the following new paragraph: ``(4) Inflation adjustment of asset limitation.--In the case of stock issued in any calendar year after 1997, the $100,000,000 amount contained in paragraph (1) shall be increased by an amount equal to-- ``(A) such dollar amount, multiplied by ``(B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `calendar year 1996' for `calendar year 1992' in subparagraph (B) thereof. If any amount as adjusted under the preceding sentence is not a multiple of $10,000, such amount shall be rounded to the nearest multiple of $10,000.''. (f) Repeal of Per-Issuer Limitation.--Section 1202 is amended by striking subsection (b). (g) Other Modifications.-- (1) Repeal of working capital limitation.--Paragraph (6) of section 1202(e) is amended-- (A) by striking ``2 years'' in subparagraph (B) and inserting ``5 years'', and (B) by striking the last sentence. (2) Exception from redemption rules where business purpose.--Paragraph (3) of section 1202(c) is amended by adding at the end the following new subparagraph: ``(D) Waiver where business purpose.--A purchase of stock by the issuing corporation shall be disregarded for purposes of subparagraph (B) if the issuing corporation establishes that there was a business purpose for such purchase and one of the principal purposes of the purchase was not to avoid the limitations of this section.''. (h) Qualified Trade or Business.--Section 1202(e)(3) is amended by inserting ``and'' at the end of subparagraph (C), by striking ``, and'' at the end of subparagraph (D) and inserting a period, and by striking subparagraph (E). (i) Effective Dates.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall apply to stock issued after August 10, 1993. (2) Special rule.--The amendments made by subsections (b), (c), and (e) shall apply to stock issued after the date of the enactment of this Act. (j) Election To Apply Amendments to Stock Issued After August 10, 1993.-- (1) In general.--The amendments made by subsections (b), (c), and (e) shall apply to any qualified stock issued after August 10, 1993, if the taxpayer elects to apply such amendments with respect to such stock. (2) Qualified stock.--For purposes of paragraph (1), the term ``qualified stock'' means stock-- (A) which is held by the taxpayer on the date of the enactment of this Act, and (B) which was not qualified small business stock (as defined section 1202(c) of the Internal Revenue Code of 1986) when issued but which would be qualified small business stock (as so defined) if the amendments made by subsections (b), (c), and (e) applied to stock issued after August 10, 1993. (3) Recognition of gain.--For purposes of the Internal Revenue Code of 1986-- (A) In general.--Any qualified stock to which the election under paragraph (1) applies shall be treated-- (i) as having been sold on the date of the enactment of this Act for an amount equal to its fair market value on such date, and (ii) as having been reacquired on such date for an amount equal to such fair market value. The preceding sentence shall not apply for purposes of determining whether the stock is qualified small business stock (as so defined). (B) Treatment of gain or loss.-- (i) Any gain resulting from subparagraph (A) shall be treated as received or accrued on the date of the enactment of this Act, and shall be recognized notwithstanding any provision of the Internal Revenue Code of 1986. (ii) Any loss resulting from subparagraph (A) shall not be allowed for any taxable year. (4) Election.--An election under paragraph (1) shall be made in such manner as the Secretary may prescribe and shall specify the stock for which such election is made. Such an election, once made with respect to any stock, shall be irrevocable. SEC. 4. ROLLOVER OF GAIN FROM SALE OF QUALIFIED STOCK. (a) In General.--Part III of subchapter O of chapter 1 is amended by adding at the end the following new section: ``SEC. 1045. ROLLOVER OF GAIN FROM QUALIFIED SMALL BUSINESS STOCK TO ANOTHER QUALIFIED SMALL BUSINESS STOCK. ``(a) Nonrecognition of Gain.--In the case of any sale of qualified small business stock with respect to which the taxpayer elects the application of this section, eligible gain from such sale shall be recognized only to the extent that the amount realized on such sale exceeds-- ``(1) the cost of any qualified small business stock purchased by the taxpayer during the 60-day period beginning on the date of such sale, reduced by ``(2) any portion of such cost previously taken into account under this section. This section shall not apply to any gain which is treated as ordinary income for purposes of this title. ``(b) Definitions and Special Rules.--For purposes of this section-- ``(1) Qualified small business stock.--The term `qualified small business stock' has the meaning given such term by section 1202(c). ``(2) Eligible gain.--The term `eligible gain' means any gain from the sale or exchange of qualified small business stock held for more than 3 years. ``(3) Purchase.--A taxpayer shall be treated as having purchased any property if, but for paragraph (4), the unadjusted basis of such property in the hands of the taxpayer would be its cost (within the meaning of section 1012).'' ``(4) Basis adjustments.--If gain from any sale is not recognized by reason of subsection (a), such gain shall be applied to reduce (in the order acquired) the basis for determining gain or loss of any qualified small business stock which is purchased by the taxpayer during the 60-day period described in subsection (a). ``(c) Special Rules for Treatment of Replacement Stock.-- ``(1) Holding period for accrued gain.--For purposes of this chapter, gain from the disposition of any replacement qualified small business stock shall be treated as gain from the sale or exchange of qualified small business stock held more than 3 years to the extent that the amount of such gain does not exceed the amount of the reduction in the basis of such stock by reason of subsection (b)(4). ``(2) Tacking of holding period for purposes of deferral.-- Solely for purposes of applying this section, if any replacement qualified small business stock is disposed of before the taxpayer has held such stock for more than 3 years, gain from such stock shall be treated eligible gain for purposes of subsection (a). ``(3) Replacement qualified small business stock.--For purposes of this subsection, the term `replacement qualified small business stock' means any qualified small business stock the basis of which was reduced under subsection (b)(4).''. (b) Conforming Amendments.-- (1) Section 1016(a)(23) is amended-- (A) by striking ``or 1044'' and inserting ``, 1044, or 1045'', and (B) by striking ``or 1044(d)'' and inserting ``, 1044(d), or 1045(b)(4)''. (2) The table of sections for part III of subchapter O of chapter 1 is amended by adding at the end the following new item: ``Sec. 1045. Rollover of gain from qualified small business stock to another qualified small business stock.''. (c) Effective Date.--The amendments made by this section shall apply to stock sold or exchanged after the date of the enactment of this Act.

Enterprise Capital Formation Act of 1997 - Amends the Internal Revenue Code to increase from 50 to 75 percent the exclusion from gain for a taxpayer (currently, excludes corporations) resulting from the sale or exchange of qualified small business stock held more than three (currently, five) years. Exempts such exclusion from alternative minimum tax provisions. Doubles the aggregate gross assets a business may have and still be considered a qualified small business. Provides for the nontaxable rollover of gain from qualified small business stock to another small business stock.

Enterprise Capital Formation Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Citizens' Self-Defense Act of 1995''. SEC. 2. FINDINGS. The Congress finds the following: (1) Police cannot protect, and are not legally liable for failing to protect, individual citizens, as evidenced by the following: (A) The courts have consistently ruled that the police do not have an obligation to protect individuals, only the public in general. For example, in Warren v. District of Columbia Metropolitan Police Department, 444 A.2d 1 (D.C. App. 1981), the court stated: ``[C]ourts have without exception concluded that when a municipality or other governmental entity undertakes to furnish police services, it assumes a duty only to the public at large and not to individual members of the community.''. (B) Former Florida Attorney General Jim Smith told Florida legislators that police responded to only 200,000 of 700,000 calls for help to Dade County authorities. (C) The United States Department of Justice found that, in 1989, there were 168,881 crimes of violence for which police had not responded within 1 hour. (D) Currently, there are about 150,000 police officers on duty at any one time. (2) Citizens frequently must use firearms to defend themselves, as evidenced by the following: (A) Every year, more than 2,400,000 people in the United States use a gun to defend themselves against criminals--or more than 6,500 people a day. This means that, each year, firearms are used 60 times more often to protect the lives of honest citizens than to take lives. (B) Of the 2,400,000 self-defense cases, more than 192,000 are by women defending themselves against sexual abuse. (C) Of the 2,400,000 times citizens use their guns to defend themselves every year, 92 percent merely brandish their gun or fire a warning shot to scare off their attackers. Less than 8 percent of the time, does a citizen kill or wound his or her attacker. (3) Law-abiding citizens, seeking only to provide for their families' defense, are routinely prosecuted for brandishing or using a firearm in self- defense. For example: (A) In 1986, Don Bennett of Oak Park, Illinois, was shot at by 2 men who had just stolen $1,200 in cash and jewelry from his suburban Chicago service station. The police arrested Bennett for violating Oak Park's handgun ban. The police never caught the actual criminals. (B) Ronald Biggs, a resident of Goldsboro, North Carolina, was arrested for shooting an intruder in 1990. Four men broke into Biggs' residence one night, ransacked the home and then assaulted him with a baseball bat. When Biggs attempted to escape through the back door, the group chased him and Biggs turned and shot one of the assailants in the stomach. Biggs was arrested and charged with assault with a deadly weapon--a felony. His assailants were charged with misdemeanors. (C) Don Campbell of Port Huron, Michigan, was arrested, jailed, and criminally charged after he shot a criminal assailant in 1991. The thief had broken into Campbell's store and attacked him. The prosecutor plea- bargained with the assailant and planned to use him to testify against Campbell for felonious use of a firearm. Only after intense community pressure did the prosecutor finally drop the charges. (4) The courts have granted immunity from prosecution to police officers who use firearms in the line of duty. Similarly, law-abiding citizens who use firearms to protect themselves, their families, and their homes against violent felons should not be subject to lawsuits by the violent felons who sought to victimize them. SEC. 3. RIGHT TO OBTAIN FIREARMS FOR SECURITY, AND TO USE FIREARMS IN DEFENSE OF SELF, FAMILY, OR HOME; ENFORCEMENT. (a) Reaffirmation of Right.--A person not prohibited from receiving a firearm by Public Law 90-351 shall have the right to obtain firearms for security, and to use firearms-- (A) in defense of self or family against a reasonably perceived threat of imminent and unlawful infliction of serious bodily injury. (B) in defense of self or family in the course of the commission by another person of a violent felony against the person or a member of the person's family; and (C) in defense of the person's home in the course of the commission of a felony by another person. (b) Firearm Defined.--As used in subsection (a), the term ``firearm'' means-- (1) a shotgun (as defined in section 921(a)(5) of title 18, United States Code); (2) a rifle (as defined in section 921(a)(7) of title 18, United States Code); or (3) a handgun (as defined in section 10 of Public Law 99- 408). (c) Enforcement of Right.-- (1) In general.--A person whose right under subsection (a) is violated in any manner may bring an action in any United States district court against the United States, any State, or any person for damages, injunctive relief, and such other relief as the court deems appropriate. (2) Authority to award a reasonable attorney's fee.--In an action brought under paragraph (1), the court, in its discretion, may allow the prevailing plaintiff a reasonable attorney's fee as part of the costs. (3) Statute of limitations.--An action may not be brought under paragraph (1) after the 5-year period that begins with the date the violation described in paragraph (1) is discovered.

Citizens' Self-Defense Act of 1995 - Declares that a person not prohibited by Federal law from receiving a firearm shall have the right to obtain firearms for security and to use firearms in defense of: (1) self or family against a reasonably perceived threat of imminent and unlawful infliction of serious bodily injury; (2) self or family in the course of the commission by another person of a violent felony against the person or a member of the person's family; and (3) the person's home in the course of the commission of a felony by another person. Authorizes persons whose rights under this Act have been violated to bring an action in U.S. district court against the United States, any State, or any person for damages, injunctive relief, and such other relief as the court deems appropriate. Sets forth provisions regarding: (1) the award of attorney's fees; and (2) the statute of limitations.

Citizens' Self-Defense Act of 1995

SECTION 1. RISK ASSESSMENT AND COST-BENEFIT ANALYSIS. (a) Requirement.--Except as provided in subsection (b), in promulgating any proposed or final major regulation relating to human health or the environment, the Administrator of the Environmental Protection Agency shall publish in the Federal Register along with the regulation a clear and concise statement that-- (1) describes and, to the extent practicable, quantifies the risks to human health or the environment to be addressed by the regulation (including, where applicable and practicable, the human health risks to significant subpopulations who are disproportionately exposed or particularly sensitive); (2) compares the human health or environmental risks to be addressed by the regulation to other risks chosen by the Administrator, including-- (A) at least three other risks regulated by the Environmental Protection Agency or another Federal agency; and (B) at least three other risks that are not directly regulated by the Federal Government; (3) estimates-- (A) the costs to the United States Government, State and local governments, and the private sector of implementing and complying with the regulation; and (B) the benefits of the regulation; including both quantifiable measures of costs and benefits, to the fullest extent that they can be estimated, and qualitative measures that are difficult to quantify; and (4) contains a certification by the Administrator that-- (A) the analyses performed under paragraphs (1) through (3) are based on the best reasonably obtainable scientific information; (B) the regulation is likely to significantly reduce the human health or environmental risks to be addressed; (C) there is no regulatory alternative that is allowed by the statute under which the regulation is promulgated and that would achieve an equivalent reduction in risk in a more cost-effective manner, along with a brief explanation of why other such regulatory alternatives that were considered by the Administrator were found to be less cost-effective; and (D) the regulation is likely to produce benefits to human health or the environment that will justify the costs to the United States Government, State and local governments, and the private sector of implementing and complying with the regulation. (b) Substantially Similar Final Regulations.--If the Administrator determines that a final major regulation is substantially similar to the proposed version of the regulation with respect to each of the matters referred to in subsection (a), the Administrator may publish in the Federal Register a reference to the statement published under subsection (a) for the proposed regulation in lieu of publishing a new statement for the final regulation. (c) Reporting.--If the Administrator cannot certify with respect to one or more of the matters addressed in subsection (a)(4), the Administrator shall identify those matters for which certification cannot be made, and shall include a statement of the reasons therefor in the Federal Register along with the regulation. Not later than March 1 of each year, the Administrator shall submit a report to Congress identifying those major regulations promulgated during the previous calendar year for which complete certification was not made, and summarizing the reasons therefor. (d) Other Requirements.--Nothing in this section affects any other provision of Federal law, or changes the factors that the Administrator is authorized to consider in promulgating a regulation pursuant to any statute, or shall delay any action required to meet a deadline imposed by statute or a court. (e) Judicial Review.--Nothing in this section creates any right to judicial or administrative review, nor creates any right or benefit, substantive or procedural, enforceable at law or equity by a party against the United States, its agencies or instrumentalities, its officers or employees, or any other person. If a major regulation is subject to judicial or administrative review under any other provision of law, the adequacy of the certification prepared pursuant to this section, and any alleged failure to comply with this section, may not be used as grounds for affecting or invalidating such major regulation, although the statements and information prepared pursuant to this section, including statements contained in the certification, may be considered as part of the record for judicial or administrative review conducted under such other provision of law. (f) Definition of Major Regulation.--For purposes of this section, ``major regulation'' means a regulation that the Administrator determines may have an effect on the economy of $100,000,000 or more in any one year. (g) Effective Date.--This section shall take effect 180 days after the date of enactment of this Act.

Directs the Administrator of the Environmental Protection Agency, in promulgating any proposed or final major regulation relating to human health or the environment, to publish in the Federal Register, along with the regulation, a statement that: (1) describes and quantifies the risks to human health and the environment to be addressed by the regulation; (2) compares such risks to other risks chosen by the Administrator; (3) estimates the costs to the U.S. Government, State and local governments, and the private sector of implementing and complying with the regulation and the benefits of the regulation; and (4) contains a certification that analyses performed are based on the best obtainable scientific information, the regulation is likely to reduce the risks to be addressed, there is no regulatory alternative that would achieve an equivalent reduction in risk in a more cost-effective manner, and the regulation is likely to produce benefits to human health or the environment that will justify the costs of compliance. Defines a "major regulation" as one that may have an effect on the economy of $100 million or more in any one year. Authorizes the Administrator, if a final regulation is substantially similar to the proposed version, to publish a reference to the statement of the proposed regulation in lieu of publishing a new statement for the final regulation.

A bill to require the Administrator of the Environmental Protection Agency to conduct risk assessments and cost-benefit analyses in promulgating regulations relating to human health and the environment, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Voters' Bill of Rights for the 21st Century''. SEC. 2. SENSE OF CONGRESS REGARDING RIGHTS OF AMERICAN VOTERS. It is the sense of Congress that American voters in the 21st century should be entitled to the following rights: (1) The right to a ballot format that permits clear identification of candidates and the accurate implementation of voter's preferences in the selection of candidates. (2) The right in the Information Age to use a technology to select candidates that is fair and user friendly. (3) The right to vote in a manner not prejudiced by media announcements of election results in time zones where the polls have closed or when races are too close to call. (4) The right to vote in a manner not subject to intimidation. (5) The right of members of the uniformed service and civilians who vote by absentee ballot to have their votes counted on Election Day. (6) The right to have a uniform statewide standard for counting and recounting all votes. (7) The right to have an Electoral College which reflects the preferences of voters in a fair and accurate manner. (8) The right to have complaints about elections and election contests resolved fairly, accurately, and efficiently. (9) The right to vote on a day of the week which maximizes voter turnout. (10) The right to make the most informed decision on Election Day. TITLE I--21ST CENTURY BIPARTISAN ELECTORAL COMMISSION SEC. 101. ESTABLISHMENT; PURPOSE. (a) Establishment.--There is hereby established the 21st Century Bipartisan Electoral Commission (hereafter in this Act referred to as the ``Commission''). (b) Purpose.--It is the purpose of the Commission to protect and enforce the rights described in section 2 by carrying out the duties specified under this title. SEC. 102. MEMBERSHIP; APPOINTMENT. (a) Membership.--The Commission shall be composed of 20 members with the qualifications described in subsection (b), who shall be appointed as follows: (1) 5 shall be appointed by the majority leader of the House of Representatives, of whom not more than 2 may be elected officials and not fewer than 3 shall be individuals who are not officers or employees of the Federal Government. (2) 5 shall be appointed by the minority leader of the House of Representatives, of whom not more than 2 may be elected officials and not fewer than 3 shall be individuals who are not officers or employees of the Federal Government. (3) 5 shall be appointed by the majority leader of the Senate, of whom not more than 2 may be elected officials and not fewer than 3 shall be individuals who are not officers or employees of the Federal Government. (4) 5 shall be appointed by the minority leader of the Senate, of whom not more than 2 may be elected officials and not fewer than 3 shall be individuals who are not officers or employees of the Federal Government. (b) Qualifications of Members.-- (1) In general.--Members shall be appointed from among individuals who have expertise in Federal and State election laws, the United States Constitution, voting rights, voting technology or other pertinent qualifications or experience. (2) Other considerations.--In appointing members of the Commission, every effort shall be made to ensure that the members represent a broad cross section of regional and demographic perspectives in the United States. (c) Period of Appointment; Vacancies.--(1) Members of the Commission shall be appointed not later than 60 days after the date of enactment of this Act. Appointments shall be for the life of the Commission. (2) Any vacancy in the Commission shall not affect the powers of the Commission, and shall be filled in the same manner as the original appointment. (d) Chair and Vice Chair.--The members of the Commission shall elect a chair and vice chair from among the members of the Commission, except that the chair and vice chair may not belong to the same political party. (e) Schedule of Meetings and Hearings.--The Commission shall hold meetings and hearings under such schedule as the chair may determine in consultation with the vice chair. (f) Quorum.--A majority of the members of the Commission shall constitute a quorum for the transaction of business. SEC. 103. DUTIES. (a) In General.--The duties of the Commission shall be as follows: (1) The Commission shall develop a uniform ballot format for Presidential elections that is clear, accurate, and presents candidates in a readily recognizable way. The ballot must be easy to use for all age groups and America's diverse population. (2) The Commission shall evaluate existing voting technologies to determine their accuracy and effectiveness in reflecting voter's intentions and report back to Congress on the results with the intent of utilizing the most effective methods in future elections. (3) The Commission shall make recommendations to Congress about the feasibility of a Federal matching grant program for States to implement changes in ballot formats and to purchase new, more accurate, and user-friendly voting machines and tabulation technologies. (4) The Commission shall make recommendations about a method of voter identification to ensure accurate recognition of voters, while insuring that no voter is subject to intimidation of any kind in casting votes. (5) The Commission shall establish, in consultation with the Secretary of Defense and the Postmaster General of the United States, standards for military voting that address issues of postmarks, witnessing, and time of receipt of ballots to ensure that the votes of members of the uniformed services are counted on Election Day. (6) The Commission shall establish standards for civilian absentee ballots that address issues of voter identification, witnessing, and time of receipt to ensure that these ballots are counted on Election Day. (7) The Commission shall make recommendations to establish a uniform poll closing time. (8) The Commission shall make recommendations on the appropriateness of changing Election Day in Presidential election years to the first Sunday in November to increase voter participation. (9) The Commission shall reassess the electoral college and evaluate strategies to better reflect voters intentions across the country for electing the President and Vice President in the 21st century, whether by leaving the current provisions unchanged, using only the direct popular vote, using proportional electoral college votes depending on the popular vote in each State, or by such other strategies as it may consider. (10) The Commission shall examine State laws to determine whether or not each State has a uniform statewide standard for vote tabulation, protests, and contests of national, State, and local elections which would protect against equal protection violations under the Constitution. (11) The Commission shall make recommendations on conducting a 21st Century Voter Education Campaign to make its recommendations and the implementation of those recommendations available to the public through a variety of media. (b) Consultation With Officials.--In carrying out its duties under this section, the Commission shall seek guidance from the governors of the States and from State and local election officials. SEC. 104. FINAL REPORT. (a) In General.--Not later than 24 months after the date of the initial meeting of the Commission, the Commission shall submit to the President and the Congress a final report including-- (1) the findings and conclusions of the Commission with respect to each duty specified under section 103(a); and (2) recommendations for addressing the problems identified as part of the Commission's analysis. (b) Separate Views.--Any member of the Commission may submit additional findings and recommendations as part of the final report. SEC. 105. POWERS. (a) Hearings.--The Commission may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission may find advisable to fulfill the requirements of this Act. (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 request of the chairperson of the Commission, the head of such department or agency shall furnish such information to the Commission. (c) Postal Services.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government. SEC. 106. COMMISSION PERSONNEL MATTERS. (a) Compensation.--Members of the Commission shall serve without pay, but shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission. (b) Staff.--(1) The chairperson of the Commission may appoint staff of the Commission, request the detail of Federal employees, and accept temporary and intermittent services in accordance with section 3161 of title 5, United States Code. (2) The employment of an executive director of the Commission shall be subject to the approval of the Commission. (3) The rate of pay for the executive director and other personnel of the Commission may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title. SEC. 107. SUPPORT SERVICES. The Administrator of General Services shall provide to the Commission on a reimbursable basis such administrative support services as the Commission may request. SEC. 108. WEBSITE. The Commission shall establish and operate a website to facilitate public comment on and participation in its activities. SEC. 109. TERMINATION. The Commission shall terminate not later than 30 days after the date the Commission submits its final report under section 104. SEC. 110. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated $10,000,000 for the Commission to carry out this Act, to remain available for the first 3 fiscal years which begin after the date of the enactment of this Act. TITLE II--REVIEW OF ROLE OF MEDIA SEC. 201. SENSE OF CONGRESS REGARDING VOLUNTARY AGREEMENT ON ELECTION REPORTING BY MEDIA. It is the sense of Congress that broadcasters and other members of the media should review and take steps to strengthen their participation in the voluntary agreement on election reporting described in the report entitled ``Single Poll Closing Time for Presidential General Elections in the Continental United States'' (Part 1 of House Report 101-15, One Hundred First Congress, as printed on March 23, 1989).

Title I: 21st Century Bipartisan Electoral Commission - Establishes the 21st Century Bipartisan Electoral Commission to: (1) develop a uniform ballot format for presidential elections that is clear, accurate, and presents candidates in a readily recognizable way and that is easy to use for all age groups and America's diverse population; (2) evaluate existing voting technologies to determine their accuracy and effectiveness in reflecting voter's intentions; (3) make recommendations on the feasibility of a Federal matching grant program for States to implement changes in ballot formats and to purchase new, more accurate, and user-friendly voting machines and tabulation technologies; (4) make recommendations about a method of voter identification to ensure accurate recognition of voters, while insuring that no voter is subject to intimidation of any kind in casting votes; (5) establish standards for military voting that address issues of postmarks, witnessing, and time of receipt of ballots to ensure that the votes of members of the uniformed services are counted on Election Day; (6) establish standards for civilian absentee ballots that address issues of voter identification, witnessing, and time of receipt to ensure that these ballots are counted on Election Day; (7) make recommendations to establish a uniform poll closing time; (8) make recommendations on the appropriateness of changing Election Day in presidential election years to the first Sunday in November to increase voter participation; (9) reassess the electoral college and evaluate strategies to better reflect voters intentions across the country for electing the President and Vice President; (10) examine State laws to determine whether or not each State has a uniform statewide standard for vote tabulation, protests, and contests of national, State, and local elections which would protect against equal protection violations under the Constitution; and (11) make recommendations on conducting a 21st Century Voter Education Campaign publicizing its recommendations. Directs the Commission to establish and operate a website to facilitate public comment on and participation in its activities. Authorizes appropriations. Title II: Review of Role of Media - Expresses the sense of Congress that broadcasters and other members of the media should review and take steps to strengthen their participation in the voluntary agreement on election reporting described in the report entitled "Single Poll Closing Time for Presidential General Elections in the Continental United States."

Voters' Bill of Rights for the 21st Century

SECTION 1. SHORT TITLE. This Act may be cited as the ``P2P Cyber Protection and Informed User Act''. SEC. 2. CONDUCT PROHIBITED. (a) Notice and Consent Required for File-Sharing Software.-- (1) Notice and consent required prior to installation.--It is unlawful for any covered entity to install on a protected computer or offer or make available for installation or download on a protected computer a covered file-sharing program unless such program-- (A) immediately prior to the installation or downloading of such program-- (i) provides clear and conspicuous notice that such program allows files on the protected computer to be made available for searching by and copying to one or more other computers; and (ii) obtains the informed consent to the installation of such program from an owner or authorized user of the protected computer; and (B) immediately prior to initial activation of a file-sharing function of such program-- (i) provides clear and conspicuous notice of which files on the protected computer are to be made available for searching by and copying to another computer; and (ii) obtains the informed consent from an owner or authorized user of the protected computer for such files to be made available for searching and copying to another computer. (2) Non-application to pre-installed software.--Nothing in paragraph (1)(A) shall apply to the installation of a covered file-sharing program on a computer prior to the first sale of such computer to an end user, provided that notice is provided to the end user who first purchases the computer that such a program has been installed on the computer. (3) Non-application to software upgrades.--Once the notice and consent requirements of paragraphs (1)(A) and (1)(B) have been satisfied with respect to the installation or initial activation of a covered file-sharing program on a protected computer after the effective date of this Act, the notice and consent requirements of paragraphs (1)(A) and (1)(B) do not apply to the installation or initial activation of software modifications or upgrades to a covered file-sharing program installed on that protected computer at the time of the software modifications or upgrades so long as those software modifications or upgrades do not-- (A) make files on the protected computer available for searching by and copying to one or more other computers that were not already made available by the covered file-sharing program for searching by and copying to one or more other computers; or (B) add to the types or locations of files that can be made available by the covered file-sharing program for searching by and copying to one or more other computers. (b) Preventing the Disabling or Removal of Certain Software.--It is unlawful for any covered entity-- (1) to prevent the reasonable efforts of an owner or authorized user of a protected computer from blocking the installation of a covered file-sharing program or file-sharing function thereof; or (2) to prevent an owner or authorized user of a protected computer from having a reasonable means to either-- (A) disable from the protected computer any covered file-sharing program; or (B) remove from the protected computer any covered file-sharing program that the covered entity caused to be installed on that computer or induced another individual to install. (c) Non-Application to Intelligence or Law Enforcement Activities.--This section does not prohibit any lawfully authorized investigative, protective, or intelligence activity of a law enforcement agency of the United States, a State, or a political subdivision of a State, or of an intelligence agency of the United States. SEC. 3. ENFORCEMENT. (a) Unfair and Deceptive Acts and Practices.--A violation of section 2 shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). (b) Federal Trade Commission Enforcement.--The Federal Trade Commission shall enforce this Act in the same manner, by the same means, and with the same jurisdiction as though all applicable terms and provisions of the Federal Trade Commission Act were incorporated into and made a part of this Act. (c) Preservation of Federal and State Authority.--Nothing in this Act shall be construed to limit or supersede any other Federal or State law. SEC. 4. DEFINITIONS. In this Act: (1) Commercial entity.--The term ``commercial entity'' means an entity engaged in acts or practices in or affecting commerce, as such term is defined in section 4 of the Federal Trade Commission Act (15 U.S.C. 44). (2) Covered entity.--The term ``covered entity'' means-- (A) a commercial entity that develops a covered file-sharing program; and (B) a commercial entity that disseminates or distributes a covered file-sharing program and is owned or operated by the commercial entity that developed the covered file-sharing program. (3) Covered file-sharing program.--The term ``covered file- sharing program''-- (A) means a program, application, or software that is commercially marketed or distributed to the public and that enables-- (i) a file or files on the protected computer on which such program is installed to be designated as available for searching by and copying to one or more other computers owned by another person; (ii) the searching of files on the protected computer on which such program is installed and the copying of any such file to a computer owned by another person-- (I) at the initiative of such other computer and without requiring any action by an owner or authorized user of the protected computer on which such program is installed; and (II) without requiring an owner or authorized user of the protected computer on which such program is installed to have selected or designated a computer owned by another person as the recipient of any such file; and (iii) the protected computer on which such program is installed to search files on one or more other computers owned by another person using the same or a compatible program, application, or software, and to copy files from the other computer to such protected computer; and (B) does not include a program, application, or software designed primarily to-- (i) operate as a server that is accessible over the Internet using the Internet Domain Name system; (ii) transmit or receive e-mail messages, instant messaging, real-time audio or video communications, or real-time voice communications; or (iii) provide network or computer security, network management, hosting and backup services, maintenance, diagnostics, technical support or repair, or to detect or prevent fraudulent activities. (4) Initial activation of a file-sharing program.--The term ``initial activation of a file-sharing function'' means-- (A) the first time the file-sharing function of a covered file-sharing program is activated on a protected computer; and (B) does not include subsequent uses of the program on that protected computer. (5) Protected computer.--The term ``protected computer'' has the meaning given such term in section 1030(e)(2) of title 18, United States Code. SEC. 5. RULEMAKING. The Federal Trade Commission may promulgate regulations under section 553 of title 5, United States Code to accomplish the purposes of this Act. In promulgating rules under this Act, the Federal Trade Commission shall not require the deployment or use of any specific product or technology.

P2P Cyber Protection and Informed User Act - Makes it unlawful for any commercial entity that developed a file sharing program or distributed such a program (if the distributor is owned by the developing entity) to install, make available for installation, or download a file sharing program without: (1) immediately before program installation or downloading, providing conspicuous notice that the program allows files to be searched and copied by one or more other computers and obtaining informed consent to the installation; and (2) immediately before initial activation of a file sharing function of the program, providing conspicuous notice of which files will be made available and obtaining informed consent. Exempts: (1) modifications or upgrades of a program that was originally installed in compliance with this Act, provided certain requirements are met; and (2) pre-installed software. Makes it unlawful for such an entity to prevent the reasonable efforts of an owner or authorized user to block the installation of such a program or to prevent such a user from having a reasonable way to disable or remove the program. Makes this Act non-applicable to lawfully authorized investigative, protective, and intelligence activities of U.S. intelligence agencies or of U.S. and state law enforcement agencies. Treats a violation of this Act as a violation of a rule defining an unfair or deceptive act or practice prescribed under the Federal Trade Commission Act. Prohibits construing this Act to limit or supersede any other federal or state law.

A bill to prevent the inadvertent disclosure of information on a computer through certain "peer-to-peer" file sharing programs without first providing notice and obtaining consent from an owner or authorized user of the computer.

SECTION 1. IMPROVEMENT OF LOAN REPAYMENT PROGRAMS OF NATIONAL INSTITUTES OF HEALTH. (a) In General.--Part G of title IV of the Public Health Service (42 U.S.C. 288 et seq.) is amended-- (1) by redesignating the second section 487F (42 U.S.C. 288-6; pediatric research loan repayment program) as section 487G; and (2) by inserting after section 487G, as so redesignated, the following: ``SEC. 487H. LOAN REPAYMENT PROGRAM. ``(a) In General.--The Secretary shall establish a program, based on workforce and scientific needs, of entering into contracts with qualified health professionals under which such health professionals agree to engage in research in consideration of the Federal Government agreeing to pay, for each year of engaging in such research, not more than $50,000 of the principal and interest of the educational loans of such health professionals. ``(b) Adjustment for Inflation.--Beginning with respect to fiscal year 2017, the Secretary may increase the maximum amount specified in subsection (a) by an amount that is determined by the Secretary, on an annual basis, to reflect inflation. ``(c) Limitation.--The Secretary may not enter into a contract with a health professional pursuant to subsection (a) unless such professional has a substantial amount of educational loans relative to income. ``(d) Applicability of Certain Provisions Regarding Obligated Service.--Except to the extent inconsistent with this section, the provisions of sections 338B, 338C, and 338E shall apply to the program established under this section to the same extent and in the same manner as such provisions apply to the National Health Service Corps Loan Repayment Program established under section 338B. ``(e) Availability of Appropriations.--Amounts appropriated for a fiscal year for contracts under subsection (a) are authorized to remain available until the expiration of the second fiscal year beginning after the fiscal year for which the amounts were appropriated.''. (b) Update of Other Loan Repayment Programs.-- (1) Loan repayment program for minority health disparities research.--Section 464z-5(a) of the Public Health Service Act (42 U.S.C.285t-2(a)) is amended-- (A) in subsection (a), by striking ``$35,000'' and inserting ``$50,000''; and (B) by adding at the end the following new sentence: ``Subsection (b) of section 487H shall apply with respect to the maximum amount specified in this subsection in the same manner as it applies to the maximum amount specified in subsection (a) of such section.''. (2) Loan repayment program for research with respect to acquired immune deficiency syndrome.--Section 487A(a) of such Act (42 U.S.C. 288-1(a)) is amended-- (A) by striking ``$35,000'' and inserting ``$50,000''; and (B) by adding at the end the following new sentence: ``Subsection (b) of section 487H shall apply with respect to the maximum amount specified in this subsection in the same manner as it applies to the maximum amount specified in subsection (a) of such section.''. (3) Loan repayment program for research with respect to contraception and infertility.--Section 487B(a) of such Act (42 U.S.C. 288-2(a)) is amended-- (A) by striking ``$35,000'' and inserting ``$50,000''; and (B) by adding at the end the following new sentence: ``Subsection (b) of section 487H shall apply with respect to the maximum amount specified in this subsection in the same manner as it applies to the maximum amount specified in such subsection (a) of such section.''. (4) Loan repayment program for research generally.--Section 487C(a)(1) of such Act (42 U.S.C. 288-3(a)(1)) is amended-- (A) by striking ``$35,000'' and inserting ``$50,000''; and (B) by adding at the end the following new sentence: ``Subsection (b) of section 487H shall apply with respect to the maximum amount specified in this paragraph in the same manner as it applies to the maximum amount specified in such subsection (a) of such section.''. (5) Loan repayment program regarding clinical researchers from disadvantaged backgrounds.--Section 487E(a)(1) of such Act (42 U.S.C. 288-5(a)(1)) is amended-- (A) by striking ``$35,000'' and inserting ``$50,000''; and (B) by adding at the end the following new sentence: ``Subsection (b) of section 487H shall apply with respect to the maximum amount specified in this paragraph in the same manner as it applies to the maximum amount specified in such subsection (a) of such section.''. (6) Loan repayment program regarding clinical researchers.--Section 487F(a) of such Act (42 U.S.C. 288- 5a(a)), as added by section 205 of Public Law 106-505, is amended-- (A) by striking ``$35,000'' and inserting ``$50,000''; and (B) by adding at the end the following new sentence: ``Subsection (b) of section 487H shall apply with respect to the maximum amount specified in this subsection in the same manner as it applies to the maximum amount specified in such subsection (a) of such section.''. (7) Pediatric research loan repayment program.--Section 487F of such Act (42 U.S.C. 288-6, as added by section 1002(b) of Public Law 106-310, is amended-- (A) in subsection (a)(1), by striking ``$35,000'' and inserting ``$50,000''; (B) in subsection (b), by adding at the end the following new sentence: ``Subsection (b) of section 487H shall apply with respect to the maximum amount specified in subsection (a)(1) in the same manner as it applies to the maximum amount specified in such subsection (a) of such section.''; and (C) by redesignating such section as section 487G.

This bill amends the Public Health Service Act to require the Department of Health and Human Services (HHS) to establish a loan repayment program for health professionals engaging in research. The maximum awards of the loan repayment programs for minority health disparities research, AIDS research, research with respect to contraception and infertility, research as an employee of the National Institutes of Health, clinical researchers from disadvantaged backgrounds, clinical researchers, and pediatric research are increased and may be adjusted for inflation by HHS.

To amend the Public Health Service Act to improve loan repayment programs of the National Institutes of Health.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Dungeness Crab Conservation and Management Act''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) the ocean Dungeness crab (Cancer magister) fishery adjacent to the States of Washington, Oregon, and California has been successfully conserved and managed by those States since the 19th century; (2) in recognition of the need for coastwide conservation of Dungeness crab, the States of Washington, Oregon, and California have-- (A) enacted certain laws that promote conservation of the resource; (B) signed a memorandum of understanding declaring the intent of those States to take mutually supportive actions to further the management of Dungeness crab; and (C) through the Pacific States Marine Fisheries Commission, formed the Tri-State Dungeness Crab Committee to provide a public forum for coordinating conservation and management actions; (3) tribal treaty rights to crab under the subproceeding numbered 89-3 in United States v. Washington, D.C. No. CV-70- 09213, are being implemented by the State of Washington through annual preseason negotiations with the affected Indian tribes; (4) the expiration of interim authority referred to in paragraph (7) will jeopardize the ability of the State to effectively provide for State-tribal harvest agreements that include restrictions on nontreaty fishers in the exclusive economic zone; (5) the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.) requires that Federal fishery management plans be established for fisheries that require conservation and management; (6) under the Magnuson-Stevens Fishery Conservation and Management Act, several fisheries in the Atlantic and Pacific Oceans, including king crab in the Gulf of Alaska, have remained under the jurisdiction of individual States or interstate organizations because conservation and management can be better achieved without the implementation of a Federal fishery management plan; (7) section 112(d) of the Sustainable Fisheries Act (Public Law 104-297; 110 Stat. 3596 though 3597) provided interim authority for the States of Washington, Oregon, and California to exercise limited jurisdiction over the ocean Dungeness crab fishery in the exclusive economic zone and required the Pacific Fishery Management Council to report to Congress on progress in developing a fishery management plan for ocean Dungeness crab and any impediments to that progress; (8) the Pacific Fishery Management Council diligently carried out the responsibilities referred to in paragraph (7) by holding public hearings, requesting recommendations from a committee of that Council and the Tri-State Dungeness Crab Committee; (9) representatives from the Indian tribes involved, the west coast Dungeness crab industry, and the fishery management agencies of the States of Washington, Oregon, and California were consulted by the Pacific Fishery Management Council, and the Council voted in public session on its final report; and (10) by a unanimous vote, the Pacific Fishery Management Council found that amending section 112 of the Sustainable Fisheries Act and providing for permanent authority to the States of Washington, Oregon, and California to manage, with certain limitations, the ocean Dungeness crab fishery in that portion of the exclusive economic zone adjacent to each of the States, respectively, and continued participation by fishermen and the Indian tribes subject to the tribal treaty rights referred to in paragraph (3) would-- (A) best accomplish the conservation and management of the ocean Dungeness crab fishery; and (B) best serve the public interest. (b) Purposes.--The purposes of this Act are-- (1) to provide for the continued conservation and management of ocean Dungeness crab in a manner that recognizes the contributions of the States of Washington, Oregon, and California and the needs of the Indian tribes that are subject to the tribal treaty rights to crab described in subsection (a)(3); and (2) to carry out the recommendations that the Pacific Fishery Management Council made in accordance with requirements established by Congress. SEC. 3. DEFINITIONS. In this Act: (1) Exclusive economic zone.--The term ``exclusive economic zone'' has the meaning given that term in section 3(11) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1802(11)). (2) Fishery.--The term ``fishery'' has the meaning given that term in section 3(13) of the Magnuson-Stevens Fishery Management Act (16 U.S.C. 1802(13)). (3) Fishing.--The term ``fishing'' has the meaning given that term in section 3(15) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1802(15)). SEC. 4. AUTHORITY FOR MANAGEMENT OF DUNGENESS CRAB. (a) In General.--Subject to the provisions of this section, and notwithstanding section 306(a) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1856(a)), each of the States of Washington, Oregon, and California may adopt and enforce State laws (including regulations) governing fishing and processing in the exclusive economic zone adjacent to that State in any Dungeness crab (Cancer magister) fishery for which there is no fishery management plan in effect under the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.). (b) Requirements for State Laws.--Any law adopted by a State under this section for a Dungeness crab fishery-- (1) except as provided in paragraph (2), shall, without regard to the State that issued the permit under which a vessel is operating, apply equally to-- (A) vessels engaged in the fishery in the exclusive economic zone; and (B) vessels engaged in the fishery in the waters of the State; (2) shall not apply to any fishing by a vessel in the exercise of tribal treaty rights; and (3) shall include any provisions necessary to implement tribal treaty rights in a manner consistent with the decision of the United States District Court for the Western District of Washington in United States v. Washington, D.C. No. CV-70- 09213. (c) Exclusive Economic Zone.-- (1) In general.--Subject to paragraph (2), any law of the State of Washington, Oregon, or California that establishes or implements a limited entry system for a Dungeness crab fishery may not be enforced against a vessel that-- (A) is otherwise legally fishing in the exclusive economic zone adjacent to that State; and (B) is not registered under the laws of that State. (2) Exclusion.--A State referred to in paragraph (1) may regulate the landing of Dungeness crab. (d) Requirements for Harvest.--No vessel may harvest or process Dungeness crab in the exclusive economic zone adjacent to the State of Washington, Oregon, or California, except-- (1) as authorized by a permit issued by any of the States referred to in subsection (c)(1); or (2) under any tribal treaty rights to Dungeness crab in a manner consistent with the decision of the United States District Court for the Western District of Washington in United States v. Washington, D.C. No. CV-70-09213. (e) Statutory Construction.--Except as expressly provided in this section, nothing in this section is intended to reduce the authority of any State under the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.) to regulate fishing, fish processing, or landing of fish. SEC. 5. ELIMINATION OF INTERIM AUTHORITY. Section 112 of the Sustainable Fisheries Act (Public Law 104-297; 110 Stat. 3596) is amended by striking subsection (d).

Dungeness Crab Conservation and Management Act - Authorizes each of the States of Washington, Oregon, and California to adopt and enforce laws and regulations governing fishing and processing in the exclusive economic zone (EEZ) adjacent to that State in any Dungeness crab fishery for which there is no management plan in effect under the Magnuson-Stevens Fishery Conservation and Management Act. Prohibits harvesting or processing Dungeness crab in the EEZ adjacent to those States except as authorized by a permit issued by any of those States or under certain tribal rights. Removes related interim authority provisions of the Sustainable Fisheries Act.

Dungeness Crab Conservation and Management Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Home Buyer Tax Credit Act of 2009''. SEC. 2. CREDIT FOR CERTAIN HOME PURCHASES. (a) Allowance of Credit.--Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 25D the following new section: ``SEC. 25E. CREDIT FOR CERTAIN HOME PURCHASES. ``(a) Allowance of Credit.-- ``(1) In general.--In the case of an individual who is a purchaser of a principal residence during the taxable year, there shall be allowed as a credit against the tax imposed by this chapter an amount equal to 10 percent of the purchase price of the residence. ``(2) Dollar limitation.--The amount of the credit allowed under paragraph (1) shall not exceed $15,000. ``(3) Allocation of credit amount.--At the election of the taxpayer, the amount of the credit allowed under paragraph (1) (after application of paragraph (2)) may be equally divided among the 2 taxable years beginning with the taxable year in which the purchase of the principal residence is made. ``(b) Limitations.-- ``(1) Date of purchase.--The credit allowed under subsection (a) shall be allowed only with respect to purchases made-- ``(A) after the date of the enactment of the Home Buyer Tax Credit Act of 2009, and ``(B) on or before the date that is 1 year after such date of enactment. ``(2) Limitation based on amount of tax.--In the case of a taxable year to which section 26(a)(2) does not apply, the credit allowed under subsection (a) for any taxable year shall not exceed the excess of-- ``(A) the sum of the regular tax liability (as defined in section 26(b)) plus the tax imposed by section 55, over ``(B) the sum of the credits allowable under this subpart (other than this section) for the taxable year. ``(3) One-time only.-- ``(A) In general.--If a credit is allowed under this section in the case of any individual (and such individual's spouse, if married) with respect to the purchase of any principal residence, no credit shall be allowed under this section in any taxable year with respect to the purchase of any other principal residence by such individual or a spouse of such individual. ``(B) Joint purchase.--In the case of a purchase of a principal residence by 2 or more unmarried individuals or by 2 married individuals filing separately, no credit shall be allowed under this section if a credit under this section has been allowed to any of such individuals in any taxable year with respect to the purchase of any other principal residence. ``(c) Principal Residence.--For purposes of this section, the term `principal residence' has the same meaning as when used in section 121. ``(d) Denial of Double Benefit.--No credit shall be allowed under this section for any purchase for which a credit is allowed under section 36 or section 1400C. ``(e) Special Rules.-- ``(1) Joint purchase.-- ``(A) Married individuals filing separately.--In the case of 2 married individuals filing separately, subsection (a) shall be applied to each such individual by substituting `$7,500' for `$15,000' in subsection (a)(1). ``(B) Unmarried individuals.--If 2 or more individuals who are not married purchase a principal residence, the amount of the credit allowed under subsection (a) shall be allocated among such individuals in such manner as the Secretary may prescribe, except that the total amount of the credits allowed to all such individuals shall not exceed $15,000. ``(2) Purchase.--In defining the purchase of a principal residence, rules similar to the rules of paragraphs (2) and (3) of section 1400C(e) (as in effect on the date of the enactment of this section) shall apply. ``(3) Reporting requirement.--Rules similar to the rules of section 1400C(f) (as so in effect) shall apply. ``(f) Recapture of Credit in the Case of Certain Dispositions.-- ``(1) In general.--In the event that a taxpayer-- ``(A) disposes of the principal residence with respect to which a credit was allowed under subsection (a), or ``(B) fails to occupy such residence as the taxpayer's principal residence, at any time within 24 months after the date on which the taxpayer purchased such residence, then the tax imposed by this chapter for the taxable year during which such disposition occurred or in which the taxpayer failed to occupy the residence as a principal residence shall be increased by the amount of such credit. ``(2) Exceptions.-- ``(A) Death of taxpayer.--Paragraph (1) shall not apply to any taxable year ending after the date of the taxpayer's death. ``(B) Involuntary conversion.--Paragraph (1) shall not apply in the case of a residence which is compulsorily or involuntarily converted (within the meaning of section 1033(a)) if the taxpayer acquires a new principal residence within the 2-year period beginning on the date of the disposition or cessation referred to in such paragraph. Paragraph (1) shall apply to such new principal residence during the remainder of the 24-month period described in such paragraph as if such new principal residence were the converted residence. ``(C) Transfers between spouses or incident to divorce.--In the case of a transfer of a residence to which section 1041(a) applies-- ``(i) paragraph (1) shall not apply to such transfer, and ``(ii) in the case of taxable years ending after such transfer, paragraph (1) shall apply to the transferee in the same manner as if such transferee were the transferor (and shall not apply to the transferor). ``(D) Relocation of members of the armed forces.-- Paragraph (1) shall not apply in the case of a member of the Armed Forces of the United States on active duty who moves pursuant to a military order and incident to a permanent change of station. ``(3) Joint returns.--In the case of a credit allowed under subsection (a) with respect to a joint return, half of such credit shall be treated as having been allowed to each individual filing such return for purposes of this subsection. ``(4) Return requirement.--If the tax imposed by this chapter for the taxable year is increased under this subsection, the taxpayer shall, notwithstanding section 6012, be required to file a return with respect to the taxes imposed under this subtitle. ``(g) Basis Adjustment.--For purposes of this subtitle, if a credit is allowed under this section with respect to the purchase of any residence, the basis of such residence shall be reduced by the amount of the credit so allowed. ``(h) Election To Treat Purchase in Prior Year.--In the case of a purchase of a principal residence after December 31, 2009, and on or before the date described in subsection (b)(1)(B), a taxpayer may elect to treat such purchase as made on December 31, 2009, for purposes of this section.''. (b) Conforming Amendments.-- (1) Section 24(b)(3)(B) of the Internal Revenue Code of 1986 is amended by striking ``and 25B'' and inserting ``, 25B, and 25E''. (2) Section 25(e)(1)(C)(ii) of such Code is amended by inserting ``25E,'' after ``25D,''. (3) Section 25B(g)(2) of such Code is amended by striking ``section 23'' and inserting ``sections 23 and 25E''. (4) Section 904(i) of such Code is amended by striking ``and 25B'' and inserting ``25B, and 25E''. (5) Section 1016(a) of such Code is amended by striking ``and'' at the end of paragraph (36), by striking the period at the end of paragraph (37) and inserting ``, and'', and by adding at the end the following new paragraph: ``(38) to the extent provided in section 25E(g).''. (c) Clerical Amendment.--The table of sections for subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 25D the following new item: ``Sec. 25E. Credit for certain home purchases.''. (d) Sunset of Current First-Time Homebuyer Credit.-- (1) In general.--Subsection (h) of section 36 of the Internal Revenue Code of 1986 is amended by striking ``before December 1, 2009'' and inserting ``on or before the date of the enactment of the Home Buyer Tax Credit Act of 2009''. (2) Election to treat purchase in prior year.--Subsection (g) of section 36 of the Internal Revenue Code of 1986 is amended by striking ``before December 1, 2009'' and inserting ``on or before the date of the enactment of the Home Buyer Tax Credit Act of 2009''. (e) Effective Date.--The amendments made by this section shall apply to purchases after the date of the enactment of this Act.

Home Buyer Tax Credit Act of 2009 - Amends the Internal Revenue Code to replace the current tax credit for first-time homebuyers with a one-time credit for 10% of the purchase price of a principal residence, up to $15,000. Requires repayment of credit amounts if the taxpayer sells or fails to occupy the residence within 24 months after the date of purchase.

A bill to amend the Internal Revenue Code of 1986 to provide a Federal income tax credit for certain home purchases.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Minimum Obstetrical Medical Security Act of 1996'' or the ``MOMS Act of 1996''. SEC. 2. FINDINGS. Congress finds that-- (1) health care for mothers and newborn children, including the length of post-delivery inpatient care, should be based on the unique characteristics of each mother and her newborn child, taking into consideration the health of the mother, the health and stability of the newborn, the ability and confidence of the mother and father to care for the newborn, the adequacy of support systems at home, and the access of the mother and newborn to appropriate follow-up health care; and (2) the timing of the discharge of a mother and her newborn child from the hospital should be made by the attending provider in consultation with the mother. SEC. 3. REQUIRED COVERAGE FOR MINIMUM HOSPITAL STAY FOLLOWING BIRTH. (a) In General.--Except as provided in subsection (b), a health plan or an employee health benefit plan that provides maternity benefits, including benefits for childbirth, shall ensure that coverage is provided with respect to a mother who is a participant, beneficiary, or policyholder under such plan and her newborn child for a minimum of 48 hours of inpatient length of stay following a normal vaginal delivery, and a minimum of 96 hours of inpatient length of stay following a caesarean section, without requiring the attending provider to obtain authorization from the health plan or employee health benefit plan. (b) Exception.--Notwithstanding subsection (a), a health plan or an employee health benefit plan shall not be required to provide coverage for post-delivery inpatient length of stay for a mother who is a participant, beneficiary, or policyholder under such plan and her newborn child for the period referred to in subsection (a) if-- (1) a decision to discharge the mother and her newborn child prior to the expiration of such period is made by the attending provider in consultation with the mother; and (2) the health plan or employee health benefit plan provides coverage for post-delivery follow-up care as described in section 4. SEC. 4. POST-DELIVERY FOLLOW-UP CARE. (a) In General.--In the case of a decision to discharge a mother and her newborn child from the inpatient setting prior to the expiration of 48 hours following a normal vaginal delivery or 96 hours following a caesarean section, the health plan or employee health benefit plan shall provide coverage for timely post-delivery care. Such health care shall be provided to a mother and her newborn child by a registered nurse, physician, osteopathic physician, nurse practitioner, nurse midwife, or physician assistant experienced in maternal and child health in-- (1) the home, a provider's office, a hospital, a birthing center, an intermediate care facility, a federally qualified health center, a federally qualified rural health clinic, or a State health department maternity clinic; or (2)another setting determined appropriate by the attending provider and the mother; except that such coverage shall ensure that the mother has the option to be provided with such care in the home. (b) Timely Care.--As used in subsection (a), the term ``timely post-delivery care'' means health care that is provided-- (1) within the 72-hour period immediately following the discharge of a mother and her newborn child from the inpatient setting; and (2) in a manner that meets the health care needs of the mother and her newborn child and that provides for the appropriate monitoring of the conditions of the mother and child. SEC. 5. PROHIBITIONS. In implementing the requirements of this Act, a health plan or an employee health benefit plan may not-- (1) deny enrollment, renewal, or continued coverage to a mother and her newborn child who are participants, beneficiaries, or policyholders based on compliance with this Act; (2) provide monetary payments or rebates to mothers to encourage such mothers to request less than the minimum coverage required under this Act; (3) penalize or otherwise reduce or limit the reimbursement of an attending provider because such provider provided treatment in accordance with this Act; or (4) provide incentives (monetary or otherwise) to an attending provider to induce such provider to provide treatment to an individual policyholder, participant, or beneficiary in a manner inconsistent with this Act. SEC. 6. NOTICE. (a) Employee Health Benefit Plan.--An employee health benefit plan shall provide conspicuous notice to each participant regarding coverage required under this Act not later than 120 days after the date of enactment of this Act, and as part of its summary plan description. (b) Health Plan.--A health plan shall provide notice to each policyholder regarding coverage required under this Act. Such notice shall be in writing, prominently positioned, and be transmitted-- (1) in a mailing made within 120 days of the date of enactment of this Act by such plan to the policyholder; and (2) as part of any annual enrollment packet or brochure sent to the policyholder. SEC. 7. APPLICABILITY. (a) Construction.-- (1) In general.--A requirement or standard imposed under this Act on a health plan shall be deemed to be a requirement or standard imposed on the health plan issuer. Such requirements or standards shall be enforced by the State insurance commissioner for the State involved or the official or officials designated by the State to enforce the requirements of this Act. In the case of a health plan offered by a health plan issuer in connection with an employee health benefit plan, the requirements or standards imposed under this Act shall be enforced with respect to the health plan issuer by the State insurance commissioner for the State involved or the official or officials designated by the State to enforce the requirements of this Act. (2) Limitation.--Except as provided in section 8(a)(2), the Secretary of Health and Human Services shall not enforce the requirements or standards of this Act as they relate to health plan issuers or health plans. In no case shall a State of the Secretary of Health and Human Services enforce the requirements or standards of this Act as they relate to employee health benefit plans. (b) Rule of Construction.--Nothing in this Act shall be construed to affect or modify the provisions of section 514 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1144). (c) Rule of Construction.--Nothing in this Act shall be construed to require that a mother who is a participant, beneficiary, or policyholder covered under this Act-- (1) give birth in a hospital; or (2) stay in the hospital for a fixed period of time following the birth of her child. SEC. 8. ENFORCEMENT. (a) Health Plan Issuers.-- (1) State enforcement.--Each State shall require that each health plan issued, sold, renewed, offered for sale, or operated in such State by a health plan issuer meet the standards established under this Act. A State shall submit such information as required by the Secretary of Health and Human Services demonstrating effective implementation of the requirements of this Act. (2) Fallback federal enforcement.--In the case of the failure of a State to substantially enforce the standards and requirements set forth in this Act with respect to health plans, the Secretary of Health and Human Services shall enforce the standards of this Act in such State. In enforcing such standards, the Secretary may apply against a health plan issuer the sanctions similar to the sanctions described in sections 502, 504, 506, and 510 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1132, 1134, 1136, and 1140). (b) Employee Health Benefit Plans.--With respect to employee health benefit plans, the standards established under this Act shall be enforced in the same manner as provided for under sections 502, 504, 506, and 510 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1132, 1134, 1136, and 1140). The civil penalties contained in paragraphs (1) and (2) of section 502(c) of such Act (29 U.S.C. 1132(c)) shall apply to any information required by the Secretary of Labor to be disclosed and reported under this section. (c) Regulations.--The Secretaries of Health and Human Services and Labor (as the case may be) may promulgate such regulations as may be necessary or appropriate to carry out this Act. SEC. 9. DEFINITIONS. As used in this Act: (1) Attending provider.--The term ``attending provider'' means an obstetrician-gynecologist, pediatrician, family physician, osteopathic physician, or other physician or a nurse practitioner, nurse midwife, or other health care provider primarily responsible for the care of a mother and her newborn child, and includes a group including such a provider. (2) Beneficiary.--The term ``beneficiary'' has the meaning given such term under section 3(8) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1002(8)). (3) Employee health benefit plan.-- (A) In general.--The term ``employee health benefit plan'' means any employee welfare benefit plan, governmental plan, or church plan (as defined under paragraphs (1), (32), and (33) of section 3 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1002 (1), (32), and (33))) that provides or pays for health benefits (such as provider and hospital benefits) for participants and beneficiaries whether-- (i) directly; (ii) through a health plan offered by a health plan issuer as defined in paragraph (4); or (iii) otherwise. (B) Rule of construction.--An employee health benefit plan shall not be construed to be a health plan or a health plan issuer. (C) Arrangements not included.--Such term does not include the following, or any combination thereof: (i) Coverage only for accident, or disability income insurance, or any combination thereof. (ii) Medicare supplemental health insurance (as defined under section 1882(g)(1) of the Social Security Act). (iii) Coverage issued as a supplement to liability insurance. (iv) Liability insurance, including general liability insurance and automobile liability insurance. (v) Workers compensation or similar insurance. (vi) Automobile medical payment insurance. (vii) Coverage for a specified disease or illness. (viii) Hospital or fixed indemnity insurance. (ix) Short-term limited duration insurance. (x) Credit-only, dental-only, or vision- only insurance. (xi) A health insurance policy providing benefits only for long-term care, nursing home care, home health care, community-based care, or any combination thereof. (4) Group purchaser.--The term ``group purchaser'' means any person (as defined under paragraph (9) of section 3 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1002(9))) or entity that purchases or pays for health benefits (such as provider or hospital benefits) on behalf of participants or beneficiaries in connection with an employee health benefit plan. (5) Health plan.-- (A) In general.--The term ``health plan'' means any group health plan or individual health plan. (B) Group health plan.--The term ``group health plan'' means any contract, policy, certificate, or other arrangement offered by a health plan issuer to a group purchaser that provides or pays for health benefits (such as provider and hospital benefits) in connection with an employee health benefit plan. (C) Individual health plan.--The term ``individual health plan'' means any contract, policy, certificate, or other arrangement offered to individuals by a health plan issuer that provides or pays for health benefits (such as provider and hospital benefits) and that is not a group health plan. (D) Arrangements not included.--Such term does not include the following, or any combination thereof: (i) Coverage only for accident, or disability income insurance, or any combination thereof. (ii) Medicare supplemental health insurance (as defined under section 1882(g)(1) of the Social Security Act). (iii) Coverage issued as a supplement to liability insurance. (iv) Liability insurance, including general liability insurance and automobile liability insurance. (v) Workers compensation or similar insurance. (vi) Automobile medical payment insurance. (vii) Coverage for a specified disease or illness. (viii) Hospital or fixed indemnity insurance. (ix) Short-term limited duration insurance. (x) Credit-only, dental-only, or vision- only insurance. (xi) A health insurance policy providing benefits only for long-term care, nursing home care, home health care, community-based care, or any combination thereof. (E) Certain plans included.--Such term includes any plan or arrangement not described in any clause of subparagraph (D) which provides for benefit payments, on a periodic basis, for a period of hospitalization, without regard to the costs incurred or services rendered during the period to which the payments relate. (6) Health plan issuer.--The term ``health plan issuer'' means any entity that is licensed (prior to or after the date of enactment of this Act) by a State to offer a health plan. (7) Participant.--The term ``participant'' has the meaning given such term under section 3(7) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1002(7)). SEC. 10. PREEMPTION. (a) In General.--The provisions of this Act shall not preempt those provisions of State law-- (1) that provide greater protections to patients or policyholders than those required in this Act; (2) that require health plans to provide coverage for at least 48 hours of inpatient length of stay following a normal vaginal delivery, and at least 96 hours of inpatient length of stay following a caesarean section; (3) that require health plans to provide coverage for maternity and pediatric care in accordance with guidelines established by the American College of Obstetricians and Gynecologists, the American Academy of Pediatrics, or other established professional associations of licensed health care providers specializing in obstetrical, gynecological, or pediatric care; or (4) that leave decisions regarding appropriate length of stay entirely to the attending provider in consultation with the mother. (b) Follow-Up Care.--The provisions of this Act with respect to follow-up care as described in section 4 shall not preempt those provisions of State law that provide greater protections to patients or policyholders than those required under this Act or that provide mothers and newborns with an option of timely post-discharge follow-up care in the home. SEC. 11. EFFECTIVE DATE. Except as otherwise provided for in this Act, the provisions of this Act shall apply as follows: (1) With respect to health plans, such provisions shall apply to such plans on the first day of the contract year beginning on or after January 1, 1997. (2) With respect to employee health benefit plans, such provisions shall apply to such plans on the first day of the first plan year beginning on or after January 1, 1997.

Minimum Obstetrical Medical Security Act of 1996 - MOMS Act of 1996 - Requires a health plan or an employee health benefit plan that provides maternity (including childbirth) benefits to provide coverage for a minimum period after delivery and, in certain circumstances, for post-delivery follow-up care. Prohibits a plan from taking certain punitive or incentive actions regarding mothers and providers.

MOMS Act of 1996