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SECTION 1. SHORT TITLE. This Act may be cited as the ``Stop Tip-overs of Unstable, Risky Dressers on Youth Act'' or the ``STURDY Act''. SEC. 2. CONSUMER PRODUCT SAFETY STANDARD TO PROTECT AGAINST TIP-OVER OF FREE-STANDING CLOTHING STORAGE UNITS. (a) Free-Standing Clothing Storage Unit Defined.--In this section, the term ``free-standing clothing storage unit'' means any piece of furniture manufactured in the United States or imported for use in the United States that is intended for the storage of clothing, including furniture items that-- (1) are commonly referred to as a chest, door chest, chest of drawers, dresser, or bureau; or (2) may contain a chest, door chest, chest of drawers, dresser, or bureau. (b) Consumer Product Safety Standard Required.-- (1) In general.--Except as provided in subsection (c)(1), not later than 540 days after the date of the enactment of this Act, the Consumer Product Safety Commission shall promulgate, in accordance with section 553 of title 5, United States Code, a final consumer product safety standard for free-standing clothing storage units to protect children from tip-over- related death or injury. (2) Treatment of standard.--A consumer product safety standard promulgated under paragraph (1) shall be treated as a consumer product safety rule promulgated under section 9 of the Consumer Product Safety Act (15 U.S.C. 2058). (c) ASTM Standard.-- (1) In general.--Subsection (b)(1) shall not apply if the Commission determines that a voluntary ASTM standard relating to free-standing clothing storage units-- (A) adequately protects children from tip-over- related death or injury from free-standing clothing storage units; (B) is or will be published not later than 180 days after the date of the enactment of this Act; (C) was developed by Subcommittee F15.42 on Furniture Safety of ASTM International; and (D) is likely to be substantially complied with by furniture manufacturers. (2) Publication of determination.--The Commission shall publish each determination made under paragraph (1) in the Federal Register. (3) Treatment of astm standard for purposes of enforcement.--If the Commission determines that a voluntary ASTM standard meets all of the conditions described in paragraph (1), the requirements of such ASTM standard shall be treated as a consumer product safety rule promulgated under section 9 of the Consumer Product Safety Act (15 U.S.C. 2058) beginning 180 days after the date on which the Commission's determination is published under paragraph (2). (4) Revision of astm standard.-- (A) In general.--If ASTM International revises an ASTM standard after the Commission makes a determination under paragraph (1) with respect to such standard, ASTM International shall notify the Commission not later than 60 days after the final version of such revised standard is published. (B) Treatment of revised astm standard.-- (i) In general.--Except as provided in clause (ii), the requirements of the revised standard described in subparagraph (A) shall become enforceable as a rule promulgated under section 9 of the Consumer Product Safety Act (15 U.S.C. 2058), instead of the prior version of such standard, beginning on-- (I) the date that is 180 days after the date on which ASTM International notifies the Commission of such revision; or (II) such later date as the Commission considers appropriate. (ii) Nonconforming astm standards.--If the Commission determines, not later than 90 days after the date on which ASTM International notifies the Commission of a revised ASTM standard, that the requirements of the revised ASTM standard do not improve the safety of the consumer product covered by the standard with respect to the condition described in paragraph (1)(A), the Commission shall continue to enforce the prior version of such standard in accordance with paragraph (3). (d) Subsequent Rulemaking.-- (1) In general.--At any time subsequent to the publication of a consumer product safety standard under subsection (b)(1) or a determination regarding an ASTM standard under subsection (c)(1), the Commission may initiate a rulemaking, in accordance with section 553 of title 5, United States Code-- (A) to modify the requirements of the consumer product safety standard described in subsection (b)(1) or (c)(1); or (B) to include any additional provision in such consumer product safety standard that the Commission determines is reasonably necessary to protect public health or safety. (2) Treatment of rules.--Any rule promulgated under paragraph (1) shall be treated as a consumer product safety rule promulgated under section 9 of the Consumer Product Safety Act (15 U.S.C. 2058).	Stop Tip-overs of Unstable, Risky Dressers on Youth Act or the STURDY Act This bill requires the Consumer Product Safety Commission (CPSC) to promulgate a final consumer product safety standard for free-standing clothing storage units (furniture items referred to as, or that may contain, a chest, door chest, chest of drawers, dresser, or bureau) to protect children from tip-over-related death or injury, unless the CPSC determines that a voluntary ASTM (American Society for Testing and Materials) International standard adequately protects children and is likely to be complied with by furniture manufacturers. If an ASTM standard meets the CPSC's requirements, the standard shall be treated as a consumer product safety rule.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Military Infrastructure Transformation Act of 2001''. SEC. 2. ADDITIONAL ROUND OF DEFENSE BASE CLOSURES AND REALIGNMENTS IN 2003. (a) Additional Round of Closures Authorized.--The Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101-501; 10 U.S.C. 2687 note) is amended by adding at the end the following new section: ``SEC. 2912. BASE REINVESTMENT AND COMMUNITY ENTERPRISE INITIATIVE FOR 2003. ``(a) Authorization of Additional Base Closure Round.--(1) During the period between January 15, 2003, and January 31, 2003, the President may elect to commence an additional round of base closures and realignments by transmitting to the Senate nominations for the appointment of new members to the Defense Base Closure and Realignment Commission. If the President does not transmit to Congress the nominations during that period, the process by which military installations may be selected for closure or realignment under this section shall be terminated. ``(2) As part of the submission of the nominations under paragraph (1), the Secretary of Defense may submit to Congress a report explaining the military necessity for further base closures and realignments. ``(3) Notwithstanding section 2902(d), the term of the Commission required for the round of base closures and realignment authorized by this section shall continue until the disposal of property at all military installations approved for closure under this section is completed. Notwithstanding section 2902(i), the Commission may only maintain 15 staff members after December 31, 2003. ``(b) Selection Criteria.--(1) The Secretary shall amend the criteria to be used in making recommendations for the closure or realignment of military installations inside the United States to reflect the requirement to develop a list of those military installations to be excluded from the base closure and realignment process, as provided in subsection (c). The Secretary shall comply with section 2903(b)(2)(B) in amending the criteria, except that the Secretary shall publish the proposed amendments in the Federal Register and transmit them to the congressional defense committees not later than December 1, 2002, and publish the final criteria in the Federal Register and transmit to such committees not later than January 15, 2003. The Secretary shall comply with section 2903(a) in preparing the budget justification documents submitted to Congress in support of the budget for the Department of Defense for fiscal year 2004. ``(2) It is the sense of Congress that the national security needs of the United States in the future will be best met by a military force that operates on the principle of jointness, and, therefore, the Secretary and the Commission should consider jointness when performing their duties in the additional round of base closures and realignments authorized by this section. ``(c) List of Installations Excluded From Consideration for Closure or Realignment.--(1) Before preparing the list of military installations inside the United States that the Secretary recommends for closure or realignment, the Secretary shall prepare a list of core military installations that the Secretary considers absolutely essential to the national defense and that should not be considered for closure. ``(2) Not later than February 15, 2003, the Secretary shall submit to the congressional defense committees, publish in the Federal Register, and send to the Commission the list required by paragraph (1). The list shall contain not more than 50 percent of the military installations inside the United States. ``(3) The Commission shall consider the list based on the amended criteria developed under subsection (b). The Commission may modify this list, in the manner provided in section 2903(d), if the Commission finds that the inclusion of a military installation on the list substantially violates the criteria. Except as provided in subsection (d), the Commission shall forward to the President, not later than April 15, 2003, a report containing its recommendations regarding the list, which must comply with the percentages specified in paragraph (2). The Comptroller General shall also comply with section 2904(d)(5) by that date. ``(4) If the Commission submits a report to the President under paragraph (3), the President shall notify Congress, not later than April 30, 2003, regarding whether the President approves or disapproves the report. If the President disapproves the report, the Commission shall have until May 15, 2003, to submit a modified report, after which the President shall have until May 22, 2003, to transmit the modified report to Congress. If the President fails to do so or does not approve the modified list, the Commission shall be dissolved, and the process by which military installations may be selected for closure or realignment under this section shall be terminated. ``(5) A military installation included on the exclusion list approved under this subsection may not be included on the closure and realignment list prepared under subsection (e) or otherwise considered for closure or realignment as part of the base closure process under this section. ``(d) Commission Review of Need for Further Closures.--As part of its activities under subsection (c), the Commission shall determine whether there exists a military necessity for further base closures. In making this determination, the Commission may take such testimony and consider such submitted documentation and statements as the Commission considers appropriate. If the Commission determines that further closures are not militarily necessary, and transmits this determination to the President, the Commission shall be dissolved, and the process by which military installations may be selected for closure or realignment under this section shall be terminated. ``(e) Preparation and Consideration of Closure and Realignment List.--(1) Not later than 15 days after that date on which the President approves the list prepared under subsection (c), the Secretary shall publish in the Federal Register, transmit to the congressional defense committees, and send to the Commission, a list of military installations recommended for closure or realignment. The Commission shall consider this list in the manner provided in section 2903(d), except that the Commission's report shall be transmitted to the President not later than October 15, 2003. ``(2) Not later than October 30, 2003, the President shall notify Congress regarding whether the President approves or disapproves the report. If the President disapproves the closure list, the Commission shall have until November 15, 2003, to submit a revised list. If the President does not approve the revised list by November 30, 2003, or does not transmit approval or disapproval of the revised list to Congress by that date, the Commission shall be dissolved, and the process by which military installations may be selected for closure or realignment under this section shall be terminated. If the President approves the original or revised list, the President shall transmit to Congress a copy of the Commission's report, together with the certification of such approval. ``(f) Congressional Disapproval.--Section 2904(b)(1) shall apply to the base closure process required by this section, except that the date otherwise determined under subparagraph (A) of such section is deemed to be December 31, 2003. ``(g) Implementation.--Within three years after the date of the enactment of this section, the Secretary shall initiate the closure or realignment, as the case may be, of all military installations recommended for closure or realignment by the Commission in the report transmitted to the Congress by the President pursuant to subsection (e), unless Congress disapproves of the report as provided in subsection (f). ``(h) Commission's Role During Closure.--(1) During the Secretary's implementation of base closures and realignments approved under this section, the Commission shall serve as an Ombudsman, to which any affected community (containing or bordering a military installation to be closed) or redevelopment authority may appeal regarding problems or disputes with the Secretary in the process of closure or realignment. Appeals may be submitted to the Commission regarding any dispute between the affected parties (the Secretary, redevelopment authorities, and local communities) after approval of the closure list. ``(2) The Commission is authorized, but not required, to issue a decision on an appeal submitted under paragraph (1). Any such decision shall be made by majority vote. The decision shall be binding on the Secretary unless the Secretary overrules the decision of the Commission. If the Secretary overrules a decision, the Secretary shall provide written notice, including the reasons why the Secretary is overruling the decision, to the Chairman of the Commission, the affected community or redevelopment authority, and the Chairmen and ranking minority members of the Committees on Armed Services of the Senate and House of Representatives. ``(3) The Commission may not take a military installation off the closure list, change a closure to a realignment (or vice versa), or make any other substantive changes to the list, but the Commission shall have jurisdiction over solely procedural matters.''. (b) Adjustment and Diversification Assistance.--Section 2391(b)(1) of title 10, United States Code, is amended by inserting after ``the affected community'' the following: ``or the community contains an economically distressed area''. (c) Report on Expediting Base Closure Property Transfers.--Not later than December 31, 2003, the Secretary of Defense shall submit to Congress a report evaluating the feasibility of permitting local communities and redevelopment authorities to take possession of individual structures on military installations approved for closure, when such structures are no longer needed for military purposes, without waiting for the closure of the installation.	Military Infrastructure Transformation Act of 2001 - Amends the Defense Base Closure and Realignment Act of 1990 to authorize the President to elect to commence an additional round of military base closures and realignments by transmitting to the Senate nominations for the appointment of new members to the Defense Base Closure and Realignment Commission. Allows the Secretary of Defense, as part of such submission, to explain to Congress the military necessity for further base closures and realignments.Requires the Secretary to amend the criteria to be used in making recommendations to develop a list of those installations to be excluded from the closure and realignment process.Expresses the sense of Congress that the Secretary and the Commission should consider military force jointness when performing their base closure and realignment duties.Requires the Secretary, before preparing a list of recommended closures or realignments, to submit a list of core military installations considered absolutely essential to the national defense that should not be considered for closure which shall contain not more than 50 percent of the military installations inside the United States. Requires the Commission to consider such list, to determine whether there exists a military necessity for further base closures, and to submit its recommendations to the President for approval.Requires the Secretary to publish and transmit to the congressional defense committees and the Commission a final list of installations recommended for closure or realignment. Provides for presidential approval or disapproval, and eventual implementation, of such list. Directs the Commission to serve as an ombudsman during implementation.
SECTION 1. RESOURCE STAFF FOR STUDENTS. Title X of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8001 et. seq) is amended by adding at the end the following: ``PART L--RESOURCE STAFF FOR STUDENTS ``SEC. 10993. FINDINGS. ``Congress finds the following: ``(1) Although 7,500,000 children under the age of 18 require mental health services, fewer than 1 in 5 of these children receive the services. ``(2) Across the United States, counseling professionals have an extremely busy caseload and often students do no get the help they need. The current national average ratio of students to counselors in elementary and secondary schools is 513:1. ``(3) Schools in the United States need more mental health professionals, and the funds needed to hire staff to specifically serve students. ``(4) The maximum recommended ratio of students-to- counselors is 250:1. ``(5) Existing counselors are severely taxed to perform duties that are largely administrative in nature, such as scheduling. They are burdened with many demands regarding placement in colleges, texting, career guidance, and the like. ``(6) Student populations are expected to grow significantly over the next few years. School-based services for students will be in great demand. With expected large scale retirements, more than 100,000 new dedicated resource staff for students will be needed to increase student-to-staff service availability. ``(7) Federal support for reducing the student-to-staff ratio would pay for itself, through reduced violence and substance abuse, and through improvements in students' academic achievement. ``SEC. 10994. PURPOSES. ``The purposes of this part are to assist local educational agencies in recruiting, training, and hiring 100,000 school-based resource staff to specifically work with students-- ``(1) to reduce the student-to-counseling ratios nationally, in grades 6-12, to an average of 1 such staff for every 250 students as recommended in a report by the Institute of Medicine of the National Academy of Sciences relating to schools and health, issued in 1997; ``(2) to help address the mental, emotional, and developmental needs of public school students; and ``(3) to support other school staff and teachers in reaching students early before problems arise, conducting behavioral interventions to improve school discipline, and developing the awareness and skills to identify early warning signs of violence and the need for mental health services. ``SEC. 10995. STUDENT RESOURCE STAFF PROGRAM. ``(a) In General.--In accordance with this section, the Secretary shall make grants to local educational agencies to assist such agencies in providing resource staff to meet students' needs. ``(b) Distribution.--In making grants under this section, the Secretary shall ensure that there is a fair distribution of grants nationwide. ``(c) Duration.--Each grant made under this section shall be for a period not to exceed 3 years. ``(d) Application.-- ``(1) In general.--Each local educational agency seeking a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may reasonably require. ``(2) Contents.--Each application for a grant under this section shall-- ``(A) describe the secondary public school population to be targeted by the program, the particular personal, social, emotional, education, and career development needs of such population, and the current school counseling resources available for meeting such needs; ``(B) describe the activities, services, and training to be provided by the program and the specific approaches to be used to meet the needs described in subparagraph (A); ``(C) describe the methods to be used to evaluate the outcomes and effectiveness of the program; ``(D) document that the applicant has the personnel qualified to develop, implement, and administer the program; and ``(E) assure that the funds made available under this part for any fiscal year will be used to supplement and, to the extent practicable, increase the level of funds that would otherwise be available from non-Federal sources for the program described in the application, and in no case supplant such funds from non-Federal sources. ``(e) Use of Funds.--Funds made available to local educational agencies under this section shall be used to provide resource staff in accordance with the purposes described in section 10994. ``(f) Definition.--For purposes of this part the term `resource staff' means an individual who has documented competence and training in mental health to be able to provide services to children and adolescents in a school setting and who-- ``(1) possesses State licensure or certification in mental health granted by an independent professional regulatory authority; ``(2) possesses national certification in mental health or in a related specialty granted by an independent professional organization; ``(3) holds a minimum of a master's degree in school counseling from a program accredited by the Council for Accreditation of Counseling and Related Educational Programs or the equivalent; ``(4) possesses a minimum of 60 graduate semester hours in school psychology from an institution of higher education and has completed 1,200 clock hours in a supervised school psychology internship, of which 600 hours shall be in the school setting, and possesses State licensure or certification in school psychology in the State in which the individual works; or ``(5) holds a master's degree in social work and is licensed or certified by the State in which services are to be provided or holds a school social work specialist credential. ``(g) Authorization of Appropriations.--There are authorized to be appropriated to carry out this part $2,800,000,000 for fiscal year 2002, $3,000,000,000 for fiscal year 2003, $3,200,000,000 for fiscal year 2004, and $3,500,000,000 for fiscal year 2005 and each fiscal year thereafter.''.	Amends the Elementary and Secondary Education Act of 1965 to establish a grants program for Resource Staff for Students. Direct the Secretary of Education to make such grants to local educational agencies for recruiting, training, and hiring 100,000 individuals to serve as school-based resource staff who have documented competence and training in mental health, as well as other specified minimum qualifications.Requires such resource staff to work with students to: (1) reduce the student-to-counseling ratios nationally, in grades 6-12, to an average of one such staff member for every 250 students; (2) help address the mental, emotional, and developmental needs of public school students; and (3) support other school staff and teachers in reaching students early before problems arise, conducting behavioral interventions to improve school discipline, and developing the awareness and skills to identify early warning signs of violence and the need for mental health services.
SECTION 1. SHORT TITLE. This Act may be cited as-- (1) the ``Better Agriculture Resources Now Act''; or (2) the ``BARN Act''. SEC. 2. H-2A PROGRAM REFORMS. (a) Definition of Agricultural Labor or Services.--Section 101(a)(15)(H)(ii)(a) of such Act (8 U.S.C. 1101(a)(15)(H)(ii)(a)) is amended-- (1) by striking ``and the pressing'' and inserting ``the pressing''; and (2) by striking ``of a temporary'' and all that follows through the end and inserting ``, and the handling, planting, drying, packing, packaging, processing, freezing, grading, storing, or delivering to storage or to market or to a carrier for transportation to market, in its unmanufactured state, any agricultural or horticultural commodity, or''. (b) Deemed Approval.--Section 218(c)(3)(A) of such Act (8 U.S.C. 1188(c)(3)(A)) is amended by inserting before ``In considering'' the following: ``The Secretary of Labor shall review such application and shall provide a determination on the application within 30 days of the date of the filing of the application. If the Secretary does not comply with the deadline in the preceding sentence, the application shall be deemed approved.''. (c) Experience Requirement.--Section 218(c)(3)(A) of such Act (8 U.S.C. 1188(c)(3)(A)), as amended by subsection (b), is further amended by adding at the end the following: ``A job offer may contain an experience requirement as long as work performed in an illegal status may not be counted towards such requirement.''. (d) Elimination of 50 Percent Rule.--Section 218(c)(3) of such Act (8 U.S.C. 1188(c)(3)) is amended-- (1) by striking ``(A)''; and (2) by striking subparagraph (B). (e) Wage Rate.--Section 218(a)(1)(B) of such Act (8 U.S.C. 1188(a)(1)(B)) is amended by striking the period at the end and inserting ``, except that no employer shall be required to pay a wage rate greater than 115 percent of the greatest of the Federal, State, and local minimum wage rates.''. (f) Deadline for Filing Applications.--Section 218(c)(1) of such Act (8 U.S.C. 1188(c)(1)) is amended by striking ``45'' and inserting ``30''. (g) Period of Authorized Nonimmigrant Status.--Section 218(h) of such Act (8 U.S.C. 1188(h)) is amended by adding at the end the following: ``(3) The initial period of authorized status as a nonimmigrant described in section 101(a)(15)(H)(ii)(a) shall not exceed 1 year. Such period may be extended once by the Secretary of Homeland Security for a period of up to 1 year, except that such extension may be granted only if the Secretary of Labor determines that the employer has engaged in the positive recruitment efforts described in subsection (b)(4) (including the obligation to circulate the employer's job offer through the interstate employment service system). In the case of a nonimmigrant who has remained in the United States for the full 2-year period, the nonimmigrant shall be obliged to depart the United States and shall not be eligible to re-apply for a visa to re-enter the United States as such a nonimmigrant for a period of 2 months. If at any time during a period of authorized admission the alien has a work lapse period of 60 days or more, the visa of the alien shall be deemed revoked and the alien shall be required to depart from the United States, except that if an employer has applied for a certification under subsection (a)(1) with respect to an alien who has a work lapse of 60 days or less, such period shall not begin until after the Secretary has made a determination on the application consistent with subsection (c).''. (h) Housing.--Section 218(c)(4) of such Act (8 U.S.C. 1188(c)(4)) is amended to read as follows: ``(4) Housing requirement.-- ``(A) In general.--Except as provided under subparagraph (F), each employer applying for workers under subsection (b) shall offer to provide housing at no cost to-- ``(i) all workers in job opportunities for which the employer has applied; and ``(ii) all other workers in the same occupation at the same place of employment whose place of residence is beyond normal commuting distance. ``(B) Compliance.--An employer meets the requirement under subparagraph (A) if the employer-- ``(i) provides the workers with housing that meets applicable Federal standards for temporary labor camps; or ``(ii) secures housing for the workers that-- ``(I) meets applicable local standards for rental or public accommodation housing, or other substantially similar class of habitation; or ``(II) in the absence of applicable local standards, meets State standards for rental or public accommodation housing or other substantially similar class of habitation. ``(C) Inspection.-- ``(i) Request.--At the time an employer that plans to provide housing described in subparagraph (B) to H-2A workers files an application for H-2A workers with the Secretary of Labor, the employer shall request a certificate of inspection by an approved Federal or State agency. ``(ii) Inspection; follow up.--Not later than 28 days after the receipt of a request under clause (i), the Secretary of Agriculture shall ensure that-- ``(I) such an inspection has been conducted; and ``(II) any necessary follow up has been scheduled to ensure compliance with the requirements under this paragraph. ``(iii) Delay prohibited.--The Secretary of Agriculture may not delay the approval of an application for failing to comply with the deadlines set forth in clause (iii). ``(D) Rulemaking.--The Secretary of Agriculture shall issue regulations that address the specific requirements for the provision of housing to workers engaged in the range production of livestock. ``(E) Housing allowance.-- ``(i) Authority.--If the Governor of a State certifies to the Secretary of Agriculture that there is adequate housing available in the area of intended employment for migrant farm workers and H-2A workers who are seeking temporary housing while employed in agricultural work, an employer in such State may provide a reasonable housing allowance instead of offering housing pursuant to subparagraph (A). An employer who provides a housing allowance to a worker shall not be required to reserve housing accommodations for the worker. ``(ii) Assistance in locating housing.-- Upon the request of a worker seeking assistance in locating housing, an employer providing a housing allowance under clause (i) shall make a good faith effort to assist the worker in identifying and locating housing in the area of intended employment. ``(iii) Limitation.--A housing allowance may not be used for housing that is owned or controlled by the employer. An employer who offers a housing allowance to a worker, or assists a worker in locating housing which the worker occupies under this subparagraph shall not be deemed a housing provider under section 203 of the Migrant and Seasonal Agricultural Worker Protect Act (29 U.S.C. 1823) solely by virtue of providing such housing allowance. ``(iv) Other requirements.-- ``(I) Nonmetropolitan county.--If the place of employment of the workers provided an allowance under this subparagraph is a nonmetropolitan county, the amount of the housing allowance under this subparagraph shall be equal to the statewide average fair market rental for existing housing for nonmetropolitan counties for the State, as established by the Secretary of Housing and Urban Development pursuant to section 8(c) of the United States Housing Act of 1937 (42 U.S.C. 1437f(c)), based on a 2-bedroom dwelling unit and an assumption of 2 persons per bedroom. ``(II) Metropolitan county.--If the place of employment of the workers provided an allowance under this subparagraph is in a metropolitan county, the amount of the housing allowance under this subparagraph shall be equal to the statewide average fair market rental for existing housing for metropolitan counties for the State, as established by the Secretary of Housing and Urban Development pursuant to section 8(c) of the United States Housing Act of 1937 (42 U.S.C. 1437f(c)), based on a 2-bedroom dwelling unit and an assumption of 2 persons per bedroom. ``(v) Information.--If the employer provides a housing allowance to H-2A employees, the employer shall provide a list of the names and local addresses of such workers to the Secretary of Agriculture and the Secretary of Homeland Security once per contract period.''. (i) Legal Assistance From the Legal Services Corporation.--Section 218(h) of such Act (8 U.S.C. 1188(h)), as amended by subsection (g), is further amended by adding at the end the following: ``(4)(A) The Legal Services Corporation may not provide legal assistance for, or on behalf of, any alien, and may not provide financial assistance to any person or entity that provides legal assistance for, or on behalf of, any alien, unless-- ``(i) the alien is present in the United States at the time the legal assistance is provided; and ``(ii) the parties to the dispute have attempted, in good faith, mediation or other non-binding dispute resolution of all issues involving all such parties. ``(B) If an employer and a nonimmigrant having status under section 101(a)(15)(H)(ii)(a) have an arbitration arrangement, the Legal Services Corporation shall respect the arbitration process and outcome. ``(C) No employer of a nonimmigrant having status under section 101(a)(15)(H)(ii)(a) shall be required to permit any recipient of a grant or contract under section 1007 of the Legal Services Corporation Act (42 U.S.C. 2996f), or any employee of such a recipient, to enter upon the employer's property, unless such recipient or employee has a pre-arranged appointment with a specific nonimmigrant having such status.''. (j) Effect of Violations While in United States.--Section 218(f) of such Act (8 U.S.C. 1188(f)) is amended to read as follows: ``(f) Effect of Violations.-- ``(1) Overstays.--An alien may not be admitted to the United States as a nonimmigrant having status under section 101(a)(15)(H)(ii)(a) if the alien was admitted to the United States as such a nonimmigrant within the previous 5-year period and the alien remained after the alien's period of authorized admission expired or otherwise violated a term or condition of such previous admission. ``(2) Fraud.--An alien may not be admitted to the United States as a nonimmigrant having status under section 101(a)(15)(H)(ii)(a) if the alien was admitted to the United States as such a nonimmigrant on the basis of fraud. ``(3) Other crimes.--An alien may not be admitted to the United States as a nonimmigrant having status under section 101(a)(15)(H)(ii)(a) if the alien was admitted to the United States as such a nonimmigrant and committed an offense that rendered the alien deportable while in the United States pursuant to such admission. ``(4) Employer bar.--The Secretary of Labor may not issue a certification under subsection (a) with respect to an employer if the Secretary finds, after notice and an opportunity for a hearing, that the employer knowingly hired an H-2A worker whose period of authorized admission had expired or that the employer otherwise engaged in fraud or misrepresentation with respect to the program for the admission of such workers into the United States. The Secretary of Homeland Security shall not thereafter approve petitions filed by such employer under section 214(c). An employer that establishes that it has complied in good faith with the requirements of this Act has established an affirmative defense in an action brought under this paragraph.''.	Better Agriculture Resources Now Act or the BARN Act - Revises the H-2A nonimmigrant agricultural worker visa program, including provisions regarding: (1) agricultural labor and services, (2) application requirements, (3) wages, (4) period of authorized nonimmigrant status, (5) housing, (6) legal assistance, and (7) violations.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Credit Default Swap Prohibition Act of 2009''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--The Congress finds the following: (1) Credit default swaps were conceived as insurance instruments, used to diffuse risk and increase liquidity throughout our lending system. (2) The credit default swap market has grown over the past decade to include contracts that are entered into by persons with no economic interest in the contract's underlying reference event, also known as naked credit default swaps. (3) Certain parties wrote credit default swap contracts without posting collateral, leaving them overexposed to certain asset classes and creating a systemic risk. (4) Unconnected and uncollateralized speculation creates an unnecessary risk for our financial system. (5) Credit default swaps have proved to be harmful financial instruments and have caused significant wealth destruction during our economic crisis. (b) Purpose.--The purposes of this Act are-- (1) to allow the Securities and Exchange Commission to have oversight over all security-based swap agreements; and (2) to prevent further damage to our economy by prohibiting credit default swaps. SEC. 3. ESTABLISHING SECURITIES AND EXCHANGE COMMISSION OVERSIGHT OF CREDIT DEFAULT SWAPS. (a) Definition of Credit Default Swap.-- (1) Section 2(a) of the Securities Act of 1933 (15 U.S.C. 77b(a)) is amended by adding at the end the following: ``(17) Credit default swap.--The term `credit default swap' means-- ``(A) a swap agreement (as such term is defined in section 206A of the Gramm-Leach-Bliley Act) that protects a party to such agreement against the risk of a loss of value because of the occurrence or non- occurrence of an event or contingency specified in such agreement relating to a security, loan, or other reference asset; and ``(B) such other forms of credit risk protection as the Commission may, by rule, prescribe as necessary or appropriate in the public interest or for the protection of investors.''. (2) Section 3(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)) is amended by adding at the end the following: ``(65) Credit default swap.--The term `credit default swap' means-- ``(A) a swap agreement (as such term is defined in section 206A of the Gramm-Leach-Bliley Act) that protects a party to such agreement against the risk of a loss of value because of the occurrence or non- occurrence of an event or contingency specified in such agreement relating to a security, loan, or other reference asset; and ``(B) such other forms of credit risk protection as the Commission may, by rule, prescribe as necessary or appropriate in the public interest or for the protection of investors.''. (b) Securities Act Jurisdiction Over Swaps.--Section 2A(b) of the Securities Act of 1933 (15 U.S.C. 77b-1(b)) is amended-- (1) in paragraph (1), by striking ``does not'' and inserting ``shall''; (2) by amending paragraph (2) to read as follows: ``(2) The Commission may require the registration of any security-based swap agreement under this title.''; and (3) by amending paragraph (3) to read as follows: ``(3) The Commission may promulgate rules, interpret rules, enforce rules, and issue orders of general applicability under this title in a manner that imposes or specifies reporting or recordkeeping requirements, procedures, or standards as prophylactic measures against fraud, manipulation, or insider trading with respect to any security-based swap agreement.''. (c) Securities Exchange Act Jurisdiction Over Swaps.--Section 3A(b) of the Securities Exchange Act of 1934 (15 U.S.C. 78c-1(b)) is amended-- (1) in paragraph (1), by striking ``does not'' and inserting ``shall''; (2) by amending paragraph (2) to read as follows: ``(2) The Commission may require registration of any security-based swap agreement under this title.''; and (3) by amending paragraph (3) to read as follows: ``(3) The Commission may promulgate rules, interpret rules, enforce rules, and issue orders of general applicability under this title in a manner that imposes or specifies reporting or recordkeeping requirements, procedures, or standards as prophylactic measures against fraud, manipulation, or insider trading with respect to any security-based swap agreement.''. (d) Technical and Conforming Amendment.-- (1) Section 17 of the Securities Act of 1933 (15 U.S.C. 77q) is amended by striking subsection (d). (2) Section 9 of the Securities Exchange Act of 1934 (15 U.S.C. 78i) is amended by striking subsection (i). (3) Section 15 of the Securities Exchange Act of 1934 (15 U.S.C. 78o) is amended by striking subsection (i) (as added by section 303(f) of the Commodity Futures Modernization Act of 2000). (4) Section 16 of the Securities Exchange Act of 1934 (15 U.S.C. 78p) is amended by striking subsection (g). (5) Section 20 of the Securities Exchange Act of 1934 (15 U.S.C. 78t) is amended by striking subsection (f). (6) Section 21A of the Securities Exchange Act of 1934 (15 U.S.C. 78u-1) is amended by striking subsection (g). SEC. 4. PROHIBITION ON CREDIT DEFAULT SWAPS. The Securities Exchange Act of 1934 is amended by inserting after section 7 (15 U.S.C. 78g) the following new section: ``SEC. 7A. PROHIBITION ON CREDIT DEFAULT SWAPS. ``It shall be unlawful for any person to enter into a credit default swap agreement or contract.''. SEC. 5. EFFECTIVE DATE. This Act and the amendments made by this Act shall take effect with respect to swap agreements (as such term is defined in section 206A of the Gramm-Leach-Bliley Act) and credit default swaps (as such term is defined in section 3(a)(65) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)(65))) entered into after the end of the 180-day period beginning on the date of the enactment of this Act.	Credit Default Swap Prohibition Act of 2009 - Amends the Securities Act of 1933 and the Securities Exchange Act of 1934 to grant the Securities and Exchange Commission (SEC) regulatory jurisdiction over any security-based swap agreement, including authority to issue, interpert, and enforce rules and orders in a manner that imposes prophylactic measures against fraud, manipulation, or insider trading. Defines credit default swap as: (1) a swap agreement that protects a party to it against the risk of a loss of value because of the occurrence or non-occurrence of an event or contingency specified in the agreement relating to a security, loan, or other reference asset; and (2) such other forms of credit risk protection as the SEC may, by rule, prescribe as necessary or appropriate in the public interest or for the protection of investors. Authorizes the SEC to require registration of any security-based swap agreement. Amends the Securities Exchange Act of 1934 to declare it unlawful for any person to enter into a credit default swap agreement or contract.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Native American Telecommunications Improvement and Value Enhancement Act''. SEC. 2. FINDINGS. Congress finds that-- (1) the average telephone penetration rate for Native Americans on reservations is 47 percent (with some reservations as low as 16 percent) as compared to 94 percent for the entire United States; (2) barriers to telephone penetration on Native American reservations include poverty (the per capita income for Native Americans is $8,234), the high cost of service due to sparse population, and geographic challenges; and (3) without telephone service, individuals cannot obtain access to medical care in an emergency (911 service), cannot reach prospective employers quickly and easily, and cannot take advantage of the educational, medical, and commercial opportunities offered by the Internet. SEC. 3. ESTABLISHMENT OF LOAN PROGRAM. The Rural Electrification Act of 1936 (7 U.S.C. 901 et seq.) is amended by adding at the end the following: ``TITLE VI--MISCELLANEOUS PROVISIONS ``SEC. 601. NATIVE AMERICAN TELECOMMUNICATIONS IMPROVEMENT AND VALUE ENHANCEMENT LOAN PROGRAM. ``(a) In General.--The Secretary, acting through the Rural Utilities Service, shall establish a program to make loans to eligible Indian tribes (or tribal entities that have entered into a partnership with a telecommunications carrier) to enable such tribes to provide for the development of telecommunications infrastructure (wireline or wireless) on lands under the jurisdiction of the tribe involved. ``(b) Eligibility.--To be eligible to receive a loan under the program established under subsection (a) an Indian tribe shall-- ``(1)(A) be a member of a cooperative that is made up of Federally-recognized Indian tribes specifically formed for the purpose of providing telecommunications services to members of the tribes involved; or ``(B) be a Federally-recognized Indian tribe that has entered into an agreement with a telecommunications carrier for the purpose of obtaining loans under this section to improve the telecommunications infrastructure on lands under the jurisdiction of the tribe involved; and ``(2) prepare and submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including a telecommunications plan that meets the requirements of section 305(d)(3)(B), including an assurance that any amounts will only be used to provide service to unserved or underserved areas. ``(c) Revolving Loan Fund.-- ``(1) In general.--There is hereby established in the Treasury of the United States a fund, to be known as the Native American Telecommunications Improvement Revolving Fund (referred to as the `Fund'), consisting of-- ``(A) all notes, bonds, obligations, liens, mortgages, and property delivered or assigned to the Secretary pursuant to loans made under this section, and all proceeds from the sales of such notes, bonds, obligations, liens, mortgages, and property, which shall be transferred to and be assets of the Fund; ``(B) all collections of principal and interest received on a loan made under subsection (a), which shall be paid into and be assets of the Fund; and ``(C) all amounts appropriated to the Fund under subsection (f). ``(2) Use.--The assets of the Fund shall be used-- ``(A) to make loans under subsection (a) and to otherwise administer the loan program under this section; and ``(B) to award grants as provided for in subsection (e). ``(d) Interest.--The interest rate for any loan made under subsection (a) shall not exceed an annual rate of-- ``(1) two percent for loans made to tribes where the per capita income of the area to be served under the loan is 25 percent or less of the per capita income of the entire United States, based on the most recent census; ``(2) three percent for loans made to tribes where the per capita income of the area to be served under the loan is at least 26 percent but less than 34 percent of the per capita income of the entire United States, based on the most recent census; ``(3) four percent for loans made to tribes where the per capita income of the area to be served under the loan is at least 34 percent but less than 51 percent or less of the per capita income of the entire United States, based on the most recent census; or ``(4) five percent for loans made to tribes-- ``(A) where the per capita income of the area to be served under the loan is at least 51 percent of the per capita income of the entire United States, based on the most recent census; or ``(B) that otherwise meet the definition of hardship as contained in the Rural Utilities Service regulations in effect on the date of enactment of this Act. ``(e) Grants.-- ``(1) In general.--The Secretary shall award grants to Indian tribes to enable such tribes to conduct feasibility studies with respect to tribal telecommunications projects. ``(2) Limitation.--The amount of a grant awarded under paragraph (1) shall not exceed $200,000. ``(3) Funding.--Of the amount appropriated under subsection (f) and transferred to the Fund-- ``(A) $2,000,000 shall be used to award grants under this section in fiscal year 2001; and ``(B) an amount determined appropriate by the Secretary from the interest derived from loans made under this section shall be used to award grants under this section in subsequent fiscal years. ``(f) Authorization of Appropriations.--There is authorized to be appropriated $1,000,000,000 to carry out this section. ``(g) Definitions.--In this section: ``(1) Federally-recognized indian tribe.--The term `Federally-recognized Indian tribe' means any Indian or Alaska Native tribe, band, nation, pueblo, village or community that is acknowledged by the Federal Government to constitute a government-to-government relationship with the United States and to be eligible for the programs and services established by the United States for Indians. ``(2) Telecommunications carrier.--The term `telecommunications carriers' means any provider of telecommunications services. ``(h) Termination.--The program established under this section shall terminate on the earlier of-- ``(1) the date that is 10 years after the date on which the first loan is made under the program; or ``(2) the date on which the Secretary determines that the telecommunications penetration rate is at least 90 percent of all households on reservation lands.''.	Establishes in the Treasury the Native American Telecommunications Improvement Revolving Fund to make loans and award grants to eligible tribes. Limits loan interest rates dependent upon tribal per capita income. Directs the Secretary to award grants to enable tribes to conduct feasibility studies with respect to telecommunications projects. Limits grants to $200,000. Authorizes appropriations for such loans and grants. Terminates the program on the earlier of: (1) ten years after the first loan is made; or (2) the date on which the Secretary determines that the telecommunications penetration rate is at least 90 percent of all households on reservation lands.
SECTION 1. SHORT TITLE. This Act may be cited as the ``ATF Enforcement Act''. SEC. 2. ELIMINATION OF SENATE CONFIRMATION REQUIREMENT FOR THE APPOINTMENT OF THE DIRECTOR OF THE BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES. Section 599A(a)(2) of title 28, United States Code, is amended by striking ``President, by and with the advice and consent of the Senate'' and inserting ``Attorney General,''. SEC. 3. ELIMINATION OF LIMITATIONS RELATING TO FIREARMS TRACE DATA. (a) Tiahrt Amendments.-- (1) The matter under the heading ``Bureau of Alcohol, Tobacco, Firearms and Explosives--Salaries and Expenses'' in title I of division B of the Consolidated and Further Continuing Appropriations Act, 2012 (18 U.S.C. 923 note; Public Law 112-55; 125 Stat. 609-610) is amended by striking the 6th proviso. (2) The 6th proviso under the heading ``Bureau of Alcohol, Tobacco, Firearms and Explosives--Salaries and Expenses'' in title II of division B of the Consolidated Appropriations Act, 2010 (18 U.S.C. 923 note; Public Law 111-117; 123 Stat. 3128- 3129) is amended by striking ``beginning in fiscal year 2010 and thereafter'' and inserting ``in fiscal year 2010''. (3) The 6th proviso under the heading ``Bureau of Alcohol, Tobacco, Firearms and Explosives--Salaries and Expenses'' in title II of division B of the Omnibus Appropriations Act, 2009 (18 U.S.C. 923 note; Public Law 111-8; 123 Stat. 574-576) is amended by striking ``beginning in fiscal year 2009 and thereafter'' and inserting ``in fiscal year 2009''. (4) The 6th proviso under the heading ``Bureau of Alcohol, Tobacco, Firearms and Explosives--Salaries and Expenses'' in title II of division B of the Consolidated Appropriations Act, 2008 (18 U.S.C. 923 note; Public Law 110-161; 121 Stat. 1903- 1904) is amended by striking ``beginning in fiscal year 2008 and thereafter'' and inserting ``in fiscal year 2008''. (5) The 6th proviso under the heading ``Bureau of Alcohol, Tobacco, Firearms and Explosives--Salaries and Expenses'' in title I of the Science, State, Justice, Commerce, and Related Agencies Appropriations Act, 2006 (18 U.S.C. 923 note; Public Law 109-108; 119 Stat. 2295-2296) is amended by striking ``with respect to any fiscal year''. (6) The 6th proviso under the heading in title I of division B of the Consolidated Appropriations Act, 2005 (18 U.S.C. 923 note; Public Law 108-447; 118 Stat. 2859-2860) is amended by striking ``with respect to any fiscal year''. (b) Prohibition on Use of Firearms Trace Data To Draw Broad Conclusions About Firearms-Related Crime.-- (1) Section 514 of division B of the Consolidated and Further Continuing Appropriations Act, 2013 (18 U.S.C. 923 note; Public Law 113-6; 127 Stat. 271-272) is repealed. (2) Section 516 of the Consolidated and Further Continuing Appropriations Act, 2012 (Public Law 112-55; 125 Stat. 633) is repealed. SEC. 4. ELIMINATION OF PROHIBITION ON CONSOLIDATION OR CENTRALIZATION IN THE DEPARTMENT OF JUSTICE OF FIREARMS ACQUISITION AND DISPOSITION RECORDS MAINTAINED BY FEDERAL FIREARMS LICENSEES. The matter under the heading ``Bureau of Alcohol, Tobacco, Firearms and Explosives--Salaries and Expenses'' in title I of division B of the Consolidated and Further Continuing Appropriations Act, 2012 (18 U.S.C. 923 note; Public Law 112-55; 125 Stat. 609-610) is amended by striking the 1st proviso. SEC. 5. ELIMINATION OF PROHIBITION ON IMPOSITION OF REQUIREMENT THAT FIREARMS DEALERS CONDUCT PHYSICAL CHECK OF FIREARMS INVENTORY. The matter under the heading ``Bureau of Alcohol, Tobacco, Firearms and Explosives--Salaries and Expenses'' in title II of division B of the Consolidated and Further Continuing Appropriations Act, 2013 (18 U.S.C. 923 note; Public Law 113-6; 127 Stat. 248) is amended by striking the 5th proviso. SEC. 6. ELIMINATION OF REQUIREMENT THAT INSTANT CHECK RECORDS BE DESTROYED WITHIN 24 HOURS. Section 511 of the Consolidated and Further Continuing Appropriations Act, 2012 (18 U.S.C. 922 note; Public Law 112-55; 125 Stat. 632) is amended-- (1) by striking ``--'' and all that follows through ``(1)''; and (2) by striking the semicolon and all that follows and inserting a period. SEC. 7. ELIMINATION OF PROHIBITION ON PROCESSING OF FREEDOM OF INFORMATION ACT REQUESTS ABOUT ARSON OR EXPLOSIVES INCIDENTS OR FIREARM TRACES. Section 644 of division J of the Consolidated Appropriations Resolution, 2003 (5 U.S.C. 552 note; Public Law 108-7; 117 Stat. 473- 474) is repealed. SEC. 8. ELIMINATION OF PROHIBITIONS RELATING TO ``CURIOS OR RELICS'' AND IMPORTATION OF SURPLUS MILITARY FIREARMS. (a) Section 518 of division B of the Consolidated Appropriations Act, 2016 (Public Law 114-113) is repealed. (b) The matter under the heading ``Bureau of Alcohol, Tobacco, Firearms and Explosives--Salaries and Expenses'' in title II of division B of the Consolidated and Further Continuing Appropriations Act, 2013 (18 U.S.C. 921 note; Public Law 113-6; 127 Stat. 248) is amended by striking the 1st proviso. (c) Section 519 of division B of the Consolidated and Further Continuing Appropriations Act, 2013 (Public Law 113-6; 127 Stat. 274) is repealed. SEC. 9. ELIMINATION OF PROHIBITION ON DENIAL OF FEDERAL FIREARMS LICENSE DUE TO LACK OF BUSINESS ACTIVITY. The matter under the heading ``Bureau of Alcohol, Tobacco, Firearms and Explosives--Salaries and Expenses'' in title II of division B of the Consolidated and Further Continuing Appropriations Act, 2013 (18 U.S.C. 923 note; Public Law 113-6; 127 Stat. 248) is amended by striking the 6th proviso. SEC. 10. ELIMINATION OF PROHIBITION ON THE TRANSFER OF THE FUNCTIONS, MISSIONS, OR ACTIVITIES OF THE BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES TO OTHER AGENCIES OR DEPARTMENTS. The matter under the heading ``Bureau of Alcohol, Tobacco, Firearms and Explosives--Salaries and Expenses'' in title II of division B of the Consolidated Appropriations Act, 2016 (Public Law 114-113) is amended by striking the 3rd proviso. SEC. 11. ELIMINATION OF PROHIBITION ON SEARCH COMPUTERIZED RECORDS OF FEDERALLY LICENSED FIREARMS DEALERS WHO ARE OUT OF BUSINESS. The matter under the heading ``Bureau of Alcohol, Tobacco, Firearms and Explosives--Salaries and Expenses'' in title II of division B of the Consolidated and Further Continuing Appropriations Act, 2012 (18 U.S.C. 923 note; Public Law 112-55; 125 Stat. 610) is amended by striking the 7th proviso. SEC. 12. ELIMINATION OF PROHIBITION ON DENYING, OR FAILING TO ACT ON, APPLICATION TO IMPORT CERTAIN SHOTGUN MODELS ON THE BASIS THAT THE SHOTGUN WAS NOT PARTICULARLY SUITABLE FOR OR READILY ADAPTABLE TO SPORTING PURPOSES. Section 532 of division B of the Consolidated Appropriations Act, 2016 (Public Law 114-113) is repealed.	ATF Enforcement Act This bill amends the federal judicial code to require the Director of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) to be appointed by the Attorney General. Currently, the Director is appointed by the President and confirmed by the Senate. Additionally, it amends several appropriations laws to remove limitations on the ATF's authority to conduct activities related to the administration of federal firearms laws. The amended appropriations laws include: the Consolidated Appropriations Act, 2016; the Consolidated and Further Continuing Appropriations Act, 2013; the Consolidated and Further Continuing Appropriations Act, 2012; the Consolidated Appropriations Act, 2010; the Omnibus Appropriations Act, 2009; the Consolidated Appropriations Act, 2008; the Science, State, Justice, Commerce, and Related Agencies Appropriations Act, 2006; the Consolidated Appropriations Act, 2005; and the Consolidated Appropriations Resolution, 2003. The bill removes provisions from these laws that: prohibit the consolidation or centralization within the Department of Justice of firearm transfer records maintained by federal firearms licensees; prohibit the imposition of a requirement that firearms dealers conduct a physical inventory; require instant background check records to be destroyed within 24 hours; limit the use of firearms tracing data; limit the processing of Freedom of Information Act requests in connection with arson or explosive incidents or firearm traces; limit denials of applications to import "curios or relics" firearms, parts, or ammunition; prohibit denials of federal firearms licenses due to lack of business activity; prohibit the transfer of functions, missions, or activities to other agencies or departments; prohibit the search of electronic firearm transfer records of federally licensed gun dealers who go out of business; and prohibit denials of applications to import certain non-sporting shotguns.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Child Protection Act of 1993''. SEC. 2. REGISTRATION OF CONVICTED SEX OFFENDERS WHOSE VICTIMS ARE CHILDREN. (a) States To Register Persons Convicted of Sex Offenses Against Children.-- (1) In general.--Each State shall establish and maintain a registration program under this section requiring persons convicted of a sex offense against a victim who is a child to register a current address and other information that the Attorney General deems relevant, with a designated State law enforcement agency for 20 years after being released from prison or otherwise being freed from detention after the conviction becomes final. Each State shall permit members of the public to inquire whether any registered offenders live in their vicinity and whether a named individual is so registered. (2) Attorney general to establish guidelines.--The Attorney General shall establish guidelines for State registration programs under this section. (3) Mandatory elements of guidelines.--Such guidelines shall include provision for-- (A) a requirement that the State obtain the fingerprints, physical description, and current photographs of each registered person; (B) annual updating of the information contained in the registry by each registered person; (C) criminal penalties for failing to comply with the registration requirements; and (D) a toll-free phone number through which residents of the State may make the inquiries described in paragraph (1). (b) States To Report.-- (1) In general.--Each State shall report to the Attorney General, in such form and manner as the Attorney General shall prescribe-- (A) information about each conviction for a sex offense against a victim who is a child; and (B) the information on the registry that State is required to establish and maintain under subsection (a). (2) Annual summary of convictions.--The Attorney General shall publish an annual summary of convictions for sex offenses involving children, based on information reported under this section. (c) Sanction for Noncompliance by State.--If a State fails to comply with an obligation under subsection (a) or (b) during the period that begins 3 years after the date of the enactment of this Act, the allocation of funds under section 506 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3756) shall be reduced by 25 percent, and the unallocated funds shall be reallocated to the States complying with those obligations. (d) Background Checks.-- (1) In general.--A State shall permit qualified entities to obtain from an authorized agency of the State a nationwide background check for the purpose of determining whether there is a report that a provider has been convicted of a background check crime. (2) Attorney general to provide information.--The Attorney General, in accordance with such rules and subject to such conditions as the Attorney General shall prescribe, shall provide to authorized agencies of States information possessed by the Department of Justice that would enable the agency to make the background check described in paragraph (1). In making such rules and setting such conditions, the Attorney General shall take care to assure-- (A) the currency and accuracy of the information; and (B) that the States maintain procedures to permit providers to check and correct information relating to such providers. (e) Definitions.--As used in this Act-- (1) the term ``child'' means a person who has not attained the age of 18 years; (2) the term ``sex offense'' means a criminal offense which includes as a element conduct that is a sexual act or sexual conduct as defined in section 2245 of title 18, United States Code; (3) the term ``State'' includes the District of Columbia, Puerto Rico, and any other territory or possession of the United States; (4) the term ``authorized agency of the State'' means the agency of the State the State designates to carry out the background checks described in subsection (d); (5) the term ``qualified entity'' means a business or organization of any sort that provides child education or child care or child education or child care placement services, including a business or organization that licenses or certifies others to provide such services; (6) the term ``provider'' means any person who-- (A) seeks or has contact with a child while that child is receiving care from a qualified entity; and (B) seeks employment or ownership of a qualified entity; and (7) the term ``background check crime'' means, with respect to a provider, any crime committed by that provider that, as determined under rules prescribed by the Attorney General, may affect the safety of children under the care of a qualified entity with respect to which that provider has a relationship described in paragraph (5).	Child Protection Act of 1993 - Requires each State to: (1) establish and maintain a program requiring persons convicted of a sex offense against a child victim to register a current address and other information deemed relevant by the Attorney General with a designated State law enforcement agency for 20 years after being released from prison or otherwise being freed from detention after the conviction becomes final; and (2) permit members of the public to inquire whether any registered offenders live in their vicinity and whether a named individual is so registered. Directs the Attorney General to establish guidelines for State registration programs, which shall include: (1) a requirement that the State obtain the fingerprints, physical description, and current photographs of each registered person; (2) annual updating of the registry information by each registered person; (3) criminal penalties for failing to comply with the registration requirements; and (4) a toll-free telephone number through which residents of the State may make inquiries. Sets forth provisions regarding: (1) State reporting requirements (and requires the Attorney General to publish an annual summary of convictions for sex offenses involving children, based on reported information); and (2) sanctions for noncompliance by a State. Requires: (1) a State to permit qualified entities to obtain from an authorized State agency a nationwide background check for the purpose of determining whether there is a report that a provider has been convicted of a background check crime; and (2) the Attorney General to provide to authorized State agencies information possessed by the Department of Justice that would enable the agency to make a background check (but assuring the currency and accuracy of the information and that the States maintain procedures to permit providers to check and correct information relating to them).
SECTION 1. SHORT TITLE. This Act may be cited as the ``Santa Monica Mountains National Recreation Area Boundary Adjustment Study Act''. SEC. 2. RESOURCE STUDY OF THE LOS ANGELES COASTAL AREA, CALIFORNIA. (a) Study Required.--The Secretary of the Interior shall conduct a special resource study of the lands, waters, and interests of the study area to evaluate a range of alternatives for protecting resources of the study area, including-- (1) expanding the Santa Monica Mountains Recreation Area and redesignating the area as the ``Santa Monica Mountains and Coastal Recreation Area''; or (2) creating a new coastal recreation area designated as ``Los Angeles Coastal Recreation Area''. (b) Study Topics.--In conducting the study, the Secretary shall evaluate alternatives that accomplish, to the extent practicable, the following objectives: (1) Preserving and restoring beaches, coastal uplands, and waterways. (2) Connecting, coordinating, and preserving State, county, and local government parks and other publicly owned lands to enhance the potential for public recreation use. (3) Developing and protecting historic sites, significant landscapes, districts, sites, structures, and recreation areas in connection therewith, including parks, picnic areas, scenic overlooks, hiking trails, bicycle trails and equestrian trails. (4) Creating open spaces for parks and recreational use along the coastline adjoining the Ballona Wetlands, in the City of Santa Monica, adjacent to and along State and county beaches of Los Angeles along the north Santa Monica Bay down through Dockweiler State Beach up and around the Ballona Creek and Wetlands, Baldwin Hills, and along the coastline in the San Pedro section of the City of Los Angeles, excluding the Port of Los Angeles north of Crescent Avenue. (5) Protecting wildlife populations in the designated area by preserving and restoring the Ballona Creek and Wetlands. (6) Establishing connections along the trail systems in the designated areas with the aim of creating or maintaining single contiguous trails along the Santa Monica Bay coastline and through Ballona Creek into the Baldwin Hills and encompassing major feeder trails connecting adjoining communities and regional transit to the trail system. (7) Preserving recreational opportunities and facilitating access to open space for a variety of recreational users. (8) Protecting rare, threatened, or endangered plant and animal species, and rare or unusual plant communities and habitats. (c) Private Property.--The study shall include an analysis of-- (1) the impact that establishment of all or a portion of the Ballona Creek and Wetlands, Baldwin Hills, and the San Pedro coastline as a unit of the Santa Monica Mountains National Recreation Area is likely to have on-- (A) land within or bordering the area that is privately owned at the time the study is conducted; and (B) leaseholders of publicly owned, developed lands; and (2) the concerns of private landowners within the existing boundaries of the Santa Monica Mountains National Recreation Area. (d) Consultation.--The Secretary shall conduct the study in consultation with the appropriate Federal, State, county and local government departments and entities, elected officials, community groups and nonprofits, including those that serve the following areas: (1) North Santa Monica Bay Coastline: City of Santa Monica, County of Los Angeles, City of Los Angeles communities of Pacific Palisades, Brentwood, and Venice. (2) Ballona Creek, Wetlands, and central Santa Monica Bay: City of Culver City, County of Los Angeles Marina Del Rey community, City of Los Angeles communities of Palms, Playa Vista, Del Rey, Palms, and Westchester. (3) Baldwin Hills and Ballona Creek headwaters: County of Los Angeles communities of Baldwin Hills, Windsor Hills and Ladera Heights, and City of Los Angeles communities of View Park, and Faircrest Heights. (4) Santa Monica Bay Coastline South: City of El Segundo, City of Manhattan Beach, City of Hermosa Beach, City of Redondo Beach, and City of Torrance. (5) Port of Los Angeles: City of Los Angeles, community of City of Los Angeles, community of San Pedro. (e) Study Criteria.--In addition to the special considerations specified in this section, the Secretary shall conduct the study in accordance with section 100507 of title 54, United States Code. (f) Transmission of Study.--Not later than 3 years after funds are first made available for the study, the Secretary shall transmit a report containing the results of the study to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate. (g) Definitions.--For the purposes of this Act: (1) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (2) Study.--The term ``study'' means the study required by subsection (a) (3) Study area.--The term ``study area'' means the coastline and adjacent areas to the Santa Monica Bay from the City of Santa Monica from Will Rodgers Beach to Rat Beach, including the areas in and around Ballona Creek and the Baldwin Hills and the San Pedro section of the City of Los Angeles, excluding the Port of Los Angeles north of Crescent Avenue.	Santa Monica Mountains National Recreation Area Boundary Adjustment Study Act This bill directs the Department of the Interior to conduct a special resource study of the lands, waters, and interests of the coastline and specified areas adjacent to the Santa Monica Bay in California to evaluate a range of alternatives for protecting the study area's resources, including: expanding and redesignating the Santa Monica Mountains Recreation Area as the "Santa Monica Mountains and Coastal Recreation Area," or creating a new coastal recreation area designated as the "Los Angeles Coastal Recreation Area."
SECTION 1. SHORT TITLE. This Act may be cited as the ``Freedom and Privacy Restoration Act of 1999''. SEC. 2. RESTRICTIONS ON THE USE OF THE SOCIAL SECURITY ACCOUNT NUMBER. (a) Repeal of Provisions Authorizing Use of the Social Security Account Number.--Subparagraph (C) of section 205(c)(2) of the Social Security Act (42 U.S.C. 405(c)(2)(C)) is amended by striking ``(C)(i) It is the policy'' and all that follows through clause (vi) and inserting the following: ``(C)(i) Except as otherwise provided in this paragraph, no agency or instrumentality of the Federal Government, any State, any political subdivision of a State, or any combination of the foregoing may use a social security account number issued under this subsection or any derivative of such a number as the means of identifying any individual. ``(ii) Clause (i) shall not apply with respect to the use of the social security account number as an identifying number to the extent provided in section 6109(d) of the Internal Revenue Code of 1986 (relating to use of the social security account number for social security and related purposes). ``(iii) If and to the extent that any provision of Federal law enacted before January 1, 2001, is inconsistent with the policy set forth in clause (i), such provision shall, on and after such date, be null, void, and of no effect.''. (b) Conforming Amendments.-- (1) Clauses (vii) and (viii) of section 205(c)(2)(D) of such Act (42 U.S.C. 405(c)(2)(D)(vii) and (viii)) are redesignated as clauses (iv) and (v), respectively. (2) Subsection (d) of section 6109 of the Internal Revenue Code of 1986 is amended-- (A) in the heading, by inserting ``for Social Security and Related Purposes'' after ``Number''; and (B) by striking ``this title'' and inserting ``section 86, chapter 2, and subtitle C of this title''. SEC. 3. CONFORMING AMENDMENTS TO PRIVACY ACT OF 1974. Section 7 of the Privacy Act of 1974 (5 U.S.C. 552a note, 88 Stat. 1909) is amended-- (1) in subsection (a), by striking paragraph (2) and inserting the following: ``(2) The provisions of paragraph (1) of this subsection shall not apply with respect to any disclosure which is required under regulations of the Commissioner of Social Security pursuant to section 205(c)(2) of the Social Security Act or under regulations of the Secretary of the Treasury pursuant to section 6109(d) of the Internal Revenue Code of 1986.''; and (2) by striking subsection (b) and inserting the following: ``(b) Except with respect to disclosures described in subsection (a)(2), no agency or instrumentality of the Federal Government, a State, a political subdivision of a State, or any combination of the foregoing may request an individual to disclose his social security account number, on either a mandatory or voluntary basis.''. SEC. 4. PROHIBITION OF GOVERNMENT-WIDE UNIFORM IDENTIFYING NUMBERS. (a) In General.--Except as authorized under section 205(c)(2) of the Social Security Act, any two agencies or instrumentalities of the Federal Government may not implement the same identifying number with respect to any individual. (b) Identifying Numbers.--For purposes of this section-- (1) the term ``identifying number'' with respect to an individual means any combination of alpha-numeric symbols which serves to identify such individual, and (2) any identifying number and any one or more derivatives of such number shall be treated as the same identifying number. SEC. 5. PROHIBITION OF GOVERNMENT-ESTABLISHED IDENTIFIERS. (a) In General.--Subject to subsection (b), a Federal agency may not-- (1) establish or mandate a uniform standard for identification of an individual that is required to be used by any other Federal agency, a State agency, or a private person for any purpose other than the purpose of conducting the authorized activities of the Federal agency establishing or mandating the standard; or (2) condition receipt of any Federal grant or contract or other Federal funding on the adoption, by a State, a State agency, or a political subdivision of a State, of a uniform standard for identification of an individual. (b) Transactions Between Private Persons.--Notwithstanding subsection (a), a Federal agency may not establish or mandate a uniform standard for identification of an individual that is required to be used within the agency, or by any other Federal agency, a State agency, or a private person, for the purpose of-- (1) investigating, monitoring, overseeing, or otherwise regulating a transaction to which the Federal Government is not a party; or (2) administrative simplification. (c) Repealer.--Any provision of Federal law enacted before, on, or after the date of the enactment of this Act that is inconsistent with subsection (a) or (b) is repealed, including sections 1173(b) and 1177(a)(1) of the Social Security Act (42 U.S.C. 1320d-2(b); 42 U.S.C. 1320d-6(a)(1)) and section 656 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (5 U.S.C. 301 note). (d) Definitions.--For purposes of this section: (1) Agency.--The term ``agency'' means any of the following: (A) An Executive agency (as defined in section 105 of title 5, United States Code). (B) A military department (as defined in section 102 of such title). (C) An agency in the executive branch of a State government. (D) An agency in the legislative branch of the Government of the United States or a State government. (E) An agency in the judicial branch of the Government of the United States or a State government. (2) State.--The term ``State'' means any of the several States, the District of Columbia, the Virgin Islands, the Commonwealth of Puerto Rico, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, the Republic of the Marshall Islands, the Federated States of Micronesia, or the Republic of Palau. SEC. 6. EFFECTIVE DATE. The provisions of this Act, including the amendments made thereby, shall take effect January 1, 2001.	Freedom and Privacy Restoration Act of 1999 - Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act and the Internal Revenue Code to prohibit any Federal, State, or local government agency or instrumentality from using a social security account number or any derivative as the means of identifying any individual, except for specified social security and tax purposes. Amends the Privacy Act of 1974 to prohibit any Federal, State, or local government agency or instrumentality from requesting an individual to disclose his social security account number on either a mandatory or a voluntary basis. Prohibits any two Federal agencies or instrumentalities from implementing the same identifying number with respect to any individual, except as authorized under this Act. Prohibits a Federal agency from: (1) establishing or mandating a uniform standard for identification of an individual that is required to be used by any other Federal agency, a State agency, or a private person for any purpose other than the purpose of conducting the authorized activities of the Federal agency establishing or mandating the standard; or (2) conditioning receipt of any Federal grant or contract or other Federal funding on the adoption, by a State, a State agency, or a political subdivision of a State, of a uniform standard for identification of an individual. Prohibits a Federal agency from establishing or mandating a uniform standard for identification of an individual that is required to be used within the agency, or by any other Federal agency, a State agency, or a private person, for the purpose of: (1) investigating, monitoring, overseeing, or otherwise regulating a transaction to which the Federal Government is not a party; or (2) administrative simplification.
SECTION 1. ADDITIONAL AMOUNTS TO ADDRESS SCHIP FUNDING SHORTFALLS FOR FISCAL YEAR 2007. (a) In General.--Section 2104(h) of the Social Security Act (42 U.S.C. 1397dd(h)), as added by section 201(a) of the National Institutes of Health Reform Act of 2006, is amended-- (1) in the heading for paragraph (2), by striking ``remainder of reduction'' and inserting ``part''; (2) by redesignating paragraphs (4) through (7) as paragraphs (5) through (8), respectively; (3) in each of subparagraphs (A) and (B) of paragraph (6) (as redesignated by subparagraph (B) of this paragraph), by striking ``and (3)'' and inserting ``(3), and (4)''; (4) in paragraph (7) (as so redesignated), by striking ``and (3) in accordance with paragraph (5)'' and inserting ``(3), and (4) in accordance with paragraph (6)''; and (5) by inserting after paragraph (3), the following: ``(4) Special rules for additional redistribution of amounts necessary to address fiscal year 2007 funding shortfalls.--With respect to months beginning during fiscal year 2007 after April 30, 2007, the Secretary shall apply this subsection in accordance with the following rules: ``(A) Additional redistribution of certain unexpended 2005 allotments.-- ``(i) Paragraphs (2)(A), (2)(B), (3)(A), and (3)(B) shall be applied by substituting `April 30' for `March 31' each place it appears. ``(ii) Paragraph (3)(C) shall be applied-- ``(I) by substituting `the amount described in subparagraph (A)(ii)(I) shall not be available for expenditure by the State on or after May 1, 2007' for `the applicable amount described in clause (ii) shall not be available for expenditure by the State on or after April 1, 2007'; and ``(II) without regard to clause (ii). ``(iii) Paragraph (2)(B)(ii) shall be applied by substituting `paragraph (1) and this paragraph (for months beginning during fiscal year 2007 after March 31, 2007)' for `paragraph (1)'. ``(iv) The heading for paragraph (3) shall be applied by substituting `7 months' for `half'. ``(v) Without regard to that portion of paragraph (6)(A) that begins with `, but in no case' and ends with `March 31, 2007'. ``(B) Redistribution of certain unexpended 2006 allotments.--After applying this subsection in accordance with subparagraph (A), the Secretary shall further apply this subsection in accordance with the following rules: ``(i) Paragraph (3)(A)(i) shall be applied by substituting `fiscal year 2006' for `fiscal year 2005'. ``(ii) Paragraph (3)(B) shall be applied by substituting `fiscal year 2008' for `fiscal year 2007'. ``(iii) Paragraph (3)(C)(i) shall be applied by substituting `May 1' for `April 1'. ``(iv) Paragraph (3)(C) shall be applied by substituting the following clause for clause (ii) of such paragraph: ```(ii) Applicable amount.--For purposes of clause (i), the applicable amount described in this clause is-- ```(I) the amount by which (aa) the amount described in subparagraph (A)(ii)(I), exceeds (bb) the total of the amounts the Secretary determines will eliminate the estimated shortfalls for all States described in paragraph (2)(B) (after the application of subparagraph (A)) for the fiscal year; multiplied by ```(II) the ratio of the amount described in subparagraph (A)(ii)(I) with respect to the State to the total the amounts described in subpargraph (A)(ii)(I) for all States.'''. ``(v) Paragraph (6)(B) shall be applied-- ``(I) by substituting `2005 or 2006' for `2005'; and ``(II) by substituting `fiscal year 2005 under subsection (b) that remain unexpended through the end of fiscal year 2007 or fiscal year 2006 under such subsection that remain unexpended through the end of fiscal year 2008' for `fiscal year 2005 under subsection (b) that remain unexpended through the end of fiscal year 2007'. ``(vi) Without regard to-- ``(I) that portion of paragraph (6)(A) that begins with `, but in no case' and ends with `March 31, 2007'; and ``(II) paragraph (6)(C)(i).''. (b) Additional Conforming Amendments.--Section 2104(h) of the Social Security Act (42 U.S.C. 1397dd(h)) (as so added) is further amended-- (1) in paragraph (1)(B), by striking ``paragraph (4)(B)'' and inserting ``paragraph (5)(B)''; and (2) in paragraph (2)-- (A) in subparagraph (A), by striking ``paragraph (5)(B)'' and inserting ``paragraph (6)(B)''; and (B) in subparagraph (B), by striking ``paragraph (4)(B)'' and inserting ``paragraph (5)(B)''.	Amends title XXI (State Children's Health Insurance) (SCHIP) of the Social Security Act to require the Secretary of Health and Human Services to apply specified rules for an additional redistribution of amounts from unexpended FY2005-FY2006 allotments to address funding shortfalls in SCHIP for FY2007.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Jefferson Commemorative Coin Act of 1993''. SEC. 2. COIN SPECIFICATIONS. (a) One-Dollar Silver Coins.-- (1) Issuance.--The Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall issue not more than 600,000 one-dollar coins, which shall weigh 26.73 grams, have a diameter of 1.500 inches, and contain 90 percent silver and 10 percent copper. (2) Design.--The design of the coins issued under this Act shall be emblematic of a Jefferson profile and frontal view of his home Monticello. On each coin there shall be a designation of the value of the coin, an inscription of the year ``1993'', and inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. (b) Legal Tender.--The coins issued under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. SEC. 3. SOURCES OF BULLION. The Secretary shall obtain silver for the coins minted under this Act only from stockpiles established under the Strategic and Critical Minerals Stock Piling Act (50 U.S.C. 98 et seq.). SEC. 4. SELECTION OF DESIGN. Subject to section 2(a)(2), the design for the coins authorized by this Act shall be selected by the Secretary after consultation with the Executive Director of the Thomas Jefferson Memorial Foundation and the Commission of Fine Arts. As required by section 5135 of title 31, United States Code, the design shall also be reviewed by the Citizens Commemorative Advisory Committee. SEC. 5. ISSUANCE OF COINS. (a) Quality of Coins.--Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Mint Facility.--Only 1 facility of the United States Mint may be used to strike any particular quality of the coins minted under this Act. (c) Period for Issuance.--The Secretary may issue coins minted under this Act during the period beginning on July 4, 1993, and ending on July 4, 1994. SEC. 6. SALE OF COINS. (a) Sale Price.--The coins authorized under this Act shall be sold by the Secretary at a price equal to the sum of the face value of the coins, the surcharge provided in subsection (c) with respect to such coins, and the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (b) Prepaid Orders.--The Secretary shall accept prepaid orders for the coins authorized under this Act prior to the issuance of such coins. Sale prices with respect to such prepaid orders shall be at a reasonable discount. (c) Surcharges.--All sales shall include a surcharge of $10 per coin. SEC. 7. GENERAL WAIVER OF PROCUREMENT REGULATIONS. No provision of law governing procurement or public contracts shall be applicable to the procurement of goods or services necessary for carrying out the provisions of this Act. Nothing in this section shall relieve any person entering into a contract under the authority of this Act from complying with any law relating to equal employment opportunity. SEC. 8. DISTRIBUTION OF SURCHARGES. All surcharges received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary-- (1) in the case of surcharges received in connection with the sale of the first 500,000 coins issued, to the Jefferson Endowment Fund, to be used-- (A) to establish and maintain an endowment to be a permanent source of support for Monticello and its historic furnishings; and (B) for the Jefferson Endowment Fund's educational programs, including the International Center for Jefferson Studies; and (2) in the case of surcharges received in connection with the sale of all other such coins, to the Corporation for Jefferson's Poplar Forest, to be used for the restoration and maintenance of Poplar Forest. SEC. 9. AUDITS. The Comptroller General of the United States shall have the right to examine such books, records, documents, and other data of the entities specified in section 8, as may be related to the expenditures of amounts paid under section 8. SEC. 10. NUMISMATIC PUBLIC ENTERPRISE FUND. The coins issued under this Act are subject to the provisions of section 5134 of title 31, United States Code, the Numismatic Public Enterprise Fund. SEC. 11. FINANCIAL ASSURANCES. It is the sense of the Congress that this coin program shall be self-sustaining, and should be administered to result in no net cost to the Numismatic Public Enterprise Fund. Passed the Senate May 27 (legislative day, April 19), 1993. Attest: WALTER J. STEWART, Secretary.	Jefferson Commemorative Coin Act of 1993 - Directs the Secretary of the Treasury to issue one-dollar silver coins emblematic of Thomas Jefferson and his home, Monticello. Mandates that all surcharges received from the sale of such coins be paid to the Jefferson Endowment Fund and to the Corporation for Jefferson's Poplar Forest. Expresses the sense of the Congress that the coin program shall be self-sustaining and that its administration should result in no net cost to the Numismatic Public Enterprise Fund.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting Habitat Homeownership Act''. SEC. 2. EXEMPTIONS. (a) Truth in Lending Act.--The Truth in Lending Act (15 U.S.C. 1601 et seq.) is amended-- (1) in section 128(f) (15 U.S.C. 1638(f))-- (A) in paragraph (3)-- (i) by striking ``apply to any fixed rate'' and inserting the following: ``apply to-- ``(A) any fixed rate''; (ii) by striking the period and inserting ``; or''; and (iii) by adding at the end the following: ``(B) any residential mortgage loan originated by a non-profit low-income housing provider.''; and (B) by adding at the end the following: ``(4) Non-profit low-income housing provider defined.--For purposes of this subsection, the term `non-profit low-income housing provider' means an organization that-- ``(A) is exempt from taxation pursuant to section 501(c)(3) of the Internal Revenue Code of 1986; ``(B) makes residential mortgage loans-- ``(i) for the purpose of promoting or facilitating homeownership for poor or low- income, disabled, or other disadvantaged persons or families; and ``(ii) sets interest rates on such loans that-- ``(I) are lower than the bank prime loan rate, as determined under the Federal Reserve Statistical Release of selected interest rates (commonly referred to as the H.15) by the Board of Governors of the Federal Reserve System, for the last day of the most recent weekly release of such rates; or ``(II) are, after adjusting for inflation, no-interest loans or loans with interest rates significantly below the interest rates for loans for purchase of single-family housing generally available in the market; ``(C) except as described under subparagraph (B), does not engage in the business of a loan originator or mortgage broker; ``(D) conducts its activities in a manner that serves public or charitable purposes; ``(E) receives funding and revenue and charges fees in a manner that does not incentivize the organization or its employees to act other than in the best interests of its clients; ``(F) compensates employees in a manner that does not incentivize employees to act other than in the best interests of its clients; and ``(G) meets such other requirements as the Bureau determines appropriate.''. (2) in section 129C(a) (15 U.S.C. 1639c(a)), by adding at the end the following: ``(10) Exemption for non-profit low-income housing providers.--This subsection shall not apply to a residential mortgage loan made by a non-profit low-income housing provider (as such term is defined under section 128(f)(4)).''; (3) in section 129E (15 U.S.C. 1638e), by adding at the end the following: ``(l) Exemption for Non-Profit Low-Income Housing Providers.--This section shall not apply to a residential mortgage loan made by a non- profit low-income housing provider (as such term is defined under section 128(f)(4)), or any services provided with respect to such a mortgage loan.''; and (4) in section 129H (15 U.S.C. 1638h), by adding at the end the following: ``(g) Exemption for Non-Profit Low-Income Housing Providers.--This section shall not apply to a residential mortgage loan made by a non- profit low-income housing provider (as such term is defined under section 128(f)(4)).''. (b) Real Estate Settlement Procedures Act of 1974.--Section 6(k) of the Real Estate Settlement Procedures Act of 1974 (12 U.S.C. 2605(k)) is amended by adding at the end the following: ``(3) Exemption for non-profit low-income housing providers.--This subsection and subsections (l) and (m) shall not apply to the servicing of a residential mortgage loan made by a non-profit low-income housing provider (as such term is defined under section 128(f)(4) of the Truth in Lending Act).''.	Protecting Habitat Homeownership Act - Amends the Truth in Lending Act and the Real Estate Settlement Procedures Act of 1974 to exempt residential mortgage loans originated by non-profit low-income housing providers from certain minimum loan standards as well as appraisal, servicing, and billing requirements. Defines "non-profit low-income housing provider" as a tax-exempt charitable organization that does not engage in the business of a loan originator or mortgage broker but does make residential mortgage loans: (1) to promote or facilitate homeownership for poor or low-income, disabled, or other disadvantaged persons or families; and (2) at interest rates lower than the bank prime loan rate; or (3) that are, after adjusting for inflation, no-interest loans or loans with interest rates significantly below the interest rates for loans for purchase of single-family housing generally available in the market. Prescribes additional requirements.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Insurance Protection for Victims of Domestic Violence Act''. SEC. 2. PROHIBITION OF HEALTH INSURANCE DISCRIMINATION WITH RESPECT TO VICTIMS OF DOMESTIC VIOLENCE. The Public Health Service Act (42 U.S.C. 201 et seq.) is amended by adding at the end the following new title: ``TITLE XXVII--PROHIBITION OF HEALTH INSURANCE DISCRIMINATION WITH RESPECT TO VICTIMS OF DOMESTIC VIOLENCE ``SEC. 2701. LIMITATIONS ON UNDERWRITING. ``No insurer may engage in a practice that has the effect of denying, canceling, or not renewing health insurance coverage or health benefits, or establishing, increasing, or varying the premium charged for the coverage or benefits or excluding health coverage with respect to health care items or services related to treatment of a condition-- ``(1) to an individual on the basis that the individual or family member is, has been, or may be the subject of abuse, has had prior injuries that resulted from abuse, or seeks, has sought, or should have sought medical or psychological treatment for protection against abuse, or shelter from abuse; or ``(2) to or for a group or employer on the basis that the group includes or the employer employs, or provides or subsidizes insurance for, an individual described in paragraph (1). ``SEC. 2702. ESTABLISHMENT OF STANDARDS. ``(a) Role of National Association of Insurance Commissioners.-- ``(1) In general.--The Secretary shall request the National Association of Insurance Commissioners to develop, in consultation with nonprofit domestic violence victim advocacy organizations, within 9 months after the date of the enactment of this title, model standards that incorporate the limitations on underwriting set forth in section 2701, and provide procedures for enforcement for such provisions, including a private right of action. ``(2) Review of standards.--If the Association develops recommended regulations specifying the standards within the period, the Secretary shall review the standards. The review shall be completed within 90 days after the date the regulations are developed. Unless the Secretary determines within the period that such standards do not meet the requirements, such standards shall serve as the standards under this title, with such amendments as the Secretary determines to be necessary. ``(b) Contingency.--If the Association does not develop the model regulations within the 9 month period beginning on the date of the enactment of this title, or the Secretary determines that the regulations do not specify standards that meet the requirements described in subsection (a), the Secretary shall specify, within 15 months after the date of the enactment of this title, standards to carry out the requirements. ``(c) Application of Standards.-- ``(1) In general.--Each State shall submit to the Secretary, by the deadline specified in paragraph (2), a report on actions the State is taking to implement and enforce the standards established under this section with respect to insurers and health insurance coverage offered or renewed not later than such deadline. ``(2) Deadline for report.--Each State shall file the report described in paragraph (1) not later than 1 year after the date that standards are established under subsection (a) or, in the event of the failure of the Association to develop timely model regulations, under subsection (b). ``(d) Federal Role.-- ``(1) Notice of deficiency.--If the Secretary determines that a State has failed to submit a report by the deadline specified by subsection (c), or finds that the State has not implemented and provided adequate enforcement of the standards established under subsection (a) or (b), the Secretary shall notify the State and provide the State a period of 60 days in which to submit the report. ``(2) Implementation of alternative enforcement mechanism.-- ``(A) In general.--If, after the 60-day period, the Secretary finds that such a failure has not been corrected, the Secretary shall within 30 days provide for a mechanism for the implementation and enforcement of such standards in the State as the Secretary determines to be appropriate. ``(B) Civil penalty.--Under any implementation and enforcement mechanism established by the Secretary pursuant to this paragraph, the Secretary shall have the authority to impose on an insurer a civil monetary penalty in the amount of $10,000 for each day during which such insurer violates the requirements described in section 2701, or the standards developed under this section. Liability for such penalty shall begin to accrue on the 30th day after the Secretary has provided such insurer with notice of its noncompliance, if the insurer has failed to correct the deficiency by such date. ``(C) Effective period.--Any such implementation and enforcement mechanism established by the Secretary shall take effect with respect to insurers, and health insurance coverage offered or renewed, on or after 3 months after the date of the Secretary's finding under paragraph (1), and until the date the Secretary finds that such a failure has been corrected. ``(3) Federal civil right of action.-- ``(A) In general.--Any individual aggrieved as a result of conduct prohibited by section 2701 may bring a civil action in the appropriate United States district court against the insurer. ``(B) Relief.--Upon proof of such conduct by a preponderance of the evidence, the insurer shall be subject to a civil penalty that may include temporary, preliminary, or permanent injunctive relief and compensatory and punitive damages, as well as the costs of suit and reasonable fees for the aggrieved individual's attorneys. With respect to compensatory damages, the aggrieved individual may elect, at any time prior to the rendering of final judgment, to recover in lieu of actual damages, an award of statutory damages in the amount of $5,000 for each violation. ``SEC. 2703. APPLICATION TO GROUP HEALTH PLANS AND ENFORCEMENT. ``(a) Application.--Subject to subsection (b), the prohibitions in section 2701 and the standards developed under section 2702 shall apply to group health plans providing health coverage in the same manner as they apply to insurers providing health insurance coverage. The penalty described in section 2702(d)(2)(B) may be imposed by the Secretary of Labor on group health plans that are not in compliance with the requirements of sections 2701 and 2702. ``(b) Substitution of Federal Officials.--For purposes of subsection (a), any reference in section 2702 to-- ``(1) a State or the Secretary of Health and Human Services is deemed to be a reference to the Secretary of Labor; and ``(2) an insurer or health insurance coverage is deemed to be a reference to a group health plan and health coverage, respectively. ``(c) Enforcement.--For purposes of part 5 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 (29 U.S.C 1131 et seq.) the provisions of this title insofar as they relate to group health plans shall be deemed to be provisions of title I of such Act irrespective of exclusions under section 4(b) of such Act. ``(d) Regulatory Authority.--With respect to the regulatory authority of the Secretary of Labor under this title pursuant to subsection (c), section 505 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1135) shall apply. ``SEC. 2704. DEFINITIONS. ``For purposes of this title: ``(1) Association.--The term `Association' means the National Association of Insurance Commissioners. ``(2) Insurer.-- ``(A) In general.--The term `insurer' means a health benefit plan or a health care provider that conducts activities related to the protection of public health. ``(B) Health benefit plan.--The term `health benefit plan' means any public or private entity or program that provides for payments for health care, including-- ``(i) a group health plan (as defined in section 607 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1167)) or a multiple employer welfare arrangement (as defined in section 3(40) of such Act) that provides health benefits; and ``(ii) any other health insurance arrangement, including any arrangement consisting of a hospital or medical expense incurred policy or certificate, hospital or medical service plan contract, or health maintenance organization subscriber contract. ``(C) Health care provider.--The term `health care provider' means a provider of services (as defined in section 1861(u) of the Social Security Act ( 42 U.S.C. 1395u)), a physician, a supplier, or any other person furnishing health care, including a Federal or State program that provides directly for the provision of health care to beneficiaries. ``(3) Victim of abuse.--The term `victim of abuse' means the occurrence of one or more of the following acts between family or household members, current or former sexual or intimate partners, or persons sharing biological parenthood-- ``(A) attempting to cause or intentionally, knowingly, or recklessly causing bodily injury, rape, or sexual abuse as such term is defined in section 2242 of title 18, United States Code. ``(B) placing, by physical menace, another individual in reasonable fear of imminent serious bodily injury; ``(C) infliction of false imprisonment; or ``(D) physically or sexually abusing minor children.''.	Insurance Protection for Victims of Domestic Violence Act - Amends the Public Health Service Act to create a new title prohibiting health insurers from discriminating against an individual or group because the individual or a family member is the subject of abuse. Mandates development of model standards. Requires each State to report on its implementation actions and, where States fail to act, provides for Federal enforcement involving civil fines against insurers and a Federal private right of action. Provides for application of this Act to specified provisions of the Employee Retirement Income Security Act of 1974.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Combined Heat and Power Advancement Act of 2001''. SEC. 2. FINDINGS. Congress finds that-- (1) the removal of barriers to the development and deployment of combined heat and power technologies and systems, an example of an array of innovative energy-supply and energy- efficient technologies and systems, would-- (A) encourage technological innovation; (B) reduce energy prices; (C) spur economic development; (D) enhance productivity; (E) increase employment; and (F) improve environmental quality and energy self- sufficiency; (2) the level of efficiency of the United States electricity-generating system has been stagnant over the past several decades; (3) technologies and systems available as of the date of enactment of this Act, including a host of innovative onsite, distributed generation technologies, could-- (A) dramatically increase productivity; (B) double the efficiency of the United States electricity-generating system; and (C) reduce emissions of regulated pollutants and greenhouse gases; (4) innovative electric technologies emit a much lower level of pollutants as compared to the average quantity of pollutants generated by United States electric generating plants as of the date of enactment of this Act; (5) a significant proportion of the United States energy infrastructure will need to be replaced by 2010; (6) the public interest would best be served if that infrastructure were replaced by innovative technologies that dramatically increase productivity, improve efficiency, and reduce pollution; (7) financing and regulatory practices in effect as of the date of enactment of this Act do not recognize the environmental and economic benefits to be obtained from the avoidance of transmission and distribution losses, and the reduced load on the electricity-generating system, provided by onsite, combined heat and power production; (8) many legal, regulatory, informational, and perceptual barriers block the development and dissemination of combined heat and power and other innovative energy technologies; and (9) because of those barriers, United States taxpayers are not receiving the benefits of the substantial research and development investment in innovative energy technologies made by the Federal Government. SEC. 3. PURPOSE. The purpose of this Act is to encourage energy productivity and efficiency increases by removing barriers to the development and deployment of combined heat and power technologies and systems. SEC. 4. INTERCONNECTION. (a) Definitions.--Section 3 of the Federal Power Act (16 U.S.C. 796) is amended-- (1) by striking paragraph (23) and inserting the following: ``(23) Transmitting utility.--The term `transmitting utility' means any entity (notwithstanding section 201(f)) that owns, controls, or operates an electric power transmission facility that is used for the sale of electric energy.''; and (2) by adding at the end the following: ``(26) Appropriate regulatory authority.--The term `appropriate regulatory authority' means-- ``(A) the Commission; ``(B) a State commission; ``(C) a municipality; or ``(D) a cooperative that is self-regulating under State law and is not a public utility. ``(27) Generating facility.--The term `generating facility' means a facility that generates electric energy. ``(28) Local distribution utility.--The term `local distribution utility' means an entity that owns, controls, or operates an electric power distribution facility that is used for the sale of electric energy. ``(29) Non-federal regulatory authority.--The term `non- Federal regulatory authority' means an appropriate regulatory authority other than the Commission.''. (b) Interconnection to Distribution Facilities.--Section 210 of the Federal Power Act (16 U.S.C. 824i) is amended-- (1) by redesignating subsection (e) as subsection (g); and (2) by inserting after subsection (d) the following: ``(e) Interconnection to Distribution Facilities.-- ``(1) Interconnection.-- ``(A) In general.--A local distribution utility shall interconnect a generating facility with the distribution facilities of the local distribution utility if the owner of the generating facility-- ``(i) complies with the final rule promulgated under paragraph (2); and ``(ii) pays the costs of the interconnection. ``(B) Costs.--The costs of the interconnection-- ``(i) shall be just and reasonable, and not unduly discriminatory, as determined by the appropriate regulatory authority; and ``(ii) shall be comparable to the costs charged by the local distribution utility for interconnection by any similarly situated generating facility to the distribution facilities of the local distribution utility. ``(C) Applicable requirements.--The right of a generating facility to interconnect under subparagraph (A) does not-- ``(i) relieve the generating facility or the local distribution utility of other Federal, State, or local requirements; or ``(ii) provide the generating facility with transmission or distribution service. ``(2) Rule.-- ``(A) In general.--Not later than 1 year after the date of enactment of this subparagraph, the Commission shall promulgate a final rule to establish reasonable and appropriate technical standards for the interconnection of a generating facility with the distribution facilities of a local distribution utility. ``(B) Process.--To the extent feasible, the Commission shall develop the standards through a process involving interested parties. ``(C) Advisory committee.--The Commission shall establish an advisory committee composed of qualified experts to make recommendations to the Commission concerning development of the standards. ``(D) Administration.-- ``(i) By a non-federal regulatory authority.--Except where subject to the jurisdiction of the Commission pursuant to provisions other than clause (ii), a non- Federal regulatory authority may administer and enforce the rule promulgated under subparagraph (A). ``(ii) By the commission.--To the extent that a non-Federal regulatory authority does not administer and enforce the rule, the Commission shall administer and enforce the rule with respect to interconnection in that jurisdiction. ``(3) Right to backup power.-- ``(A) In general.--In accordance with subparagraph (B), a local distribution utility shall offer to sell backup power to a generating facility that has interconnected with the local distribution utility to the extent that the local distribution utility-- ``(i) is not subject to an order of a non- Federal regulatory authority to provide open access to the distribution facilities of the local distribution utility; ``(ii) has not offered to provide open access to the distribution facilities of the local distribution utility; or ``(iii) does not allow a generating facility to purchase backup power from another entity using the distribution facilities of the local distribution utility. ``(B) Rates, terms, and conditions.--A sale of backup power under subparagraph (A) shall be at such a rate, and under such terms and conditions, as are just and reasonable and not unduly discriminatory or preferential, taking into account the actual incremental cost, whenever incurred by the local distribution utility, to supply such backup power service during the period in which the backup power service is provided, as determined by the appropriate regulatory authority. ``(C) No requirement for certain sales.--A local distribution utility shall not be required to offer backup power for resale to any entity other than the entity for which the backup power is purchased. ``(D) New or expanded loads.--To the extent backup power is used to serve a new or expanded load on the distribution system, the generating facility shall pay any reasonable costs associated with any transmission, distribution, or generation upgrade required to provide such service.''. (c) Interconnection to Transmission Facilities.--Section 210 of the Federal Power Act (16 U.S.C. 824i) is amended by inserting after subsection (e) (as added by subsection (b)) the following: ``(f) Interconnection to Transmission Facilities.-- ``(1) Interconnection.-- ``(A) In general.--Notwithstanding subsections (a) and (c), a transmitting utility shall interconnect a generating facility with the transmission facilities of the transmitting utility if the owner of the generating facility-- ``(i) complies with the final rule promulgated under paragraph (2); and ``(ii) pays the costs of the interconnection. ``(B) Costs.-- ``(i) In general.--Subject to clause (ii), the costs of the interconnection-- ``(I) shall be just and reasonable and not unduly discriminatory; and ``(II) shall be comparable to the costs charged by the transmitting utility for interconnection by any similarly situated generating facility to the transmitting facilities of the transmitting utility. ``(ii) Effect of ferc lite.--A non-Federal regulatory authority that, under any provision of Federal law enacted before, on, or after the date of enactment of this subparagraph, is authorized to determine the rates for transmission service shall be authorized to determine the costs of any interconnection under this subparagraph in accordance with that provision of Federal law. ``(C) Applicable requirements.--The right of a generating facility to interconnect under subparagraph (A) does not-- ``(i) relieve the generating facility or the transmitting utility of other Federal, State, or local requirements; or ``(ii) provide the generating facility with transmission or distribution service. ``(2) Rule.-- ``(A) In general.--Not later than 1 year after the date of enactment of this subparagraph, the Commission shall promulgate a final rule to establish reasonable and appropriate technical standards for the interconnection of a generating facility with the transmission facilities of a transmitting utility. ``(B) Process.--To the extent feasible, the Commission shall develop the standards through a process involving interested parties. ``(C) Advisory committee.--The Commission shall establish an advisory committee composed of qualified experts to make recommendations to the Commission concerning development of the standards. ``(3) Right to backup power.-- ``(A) In general.--In accordance with subparagraph (B), a transmitting utility shall offer to sell backup power to a generating facility that has interconnected with the transmitting utility unless-- ``(i) Federal or State law (including regulations) allows a generating facility to purchase backup power from an entity other than the transmitting utility; or ``(ii) a transmitting utility allows a generating facility to purchase backup power from an entity other than the transmitting utility using-- ``(I) the transmission facilities of the transmitting utility; and ``(II) the transmission facilities of any other transmitting utility. ``(B) Rates, terms, and conditions.--A sale of backup power under subparagraph (A) shall be at such a rate, and under such terms and conditions, as are just and reasonable and not unduly discriminatory or preferential, taking into account the actual incremental cost, whenever incurred by the local distribution utility, to supply such backup power service during the period in which the backup power service is provided, as determined by the appropriate regulatory authority. ``(C) No requirement for certain sales.--A transmitting utility shall not be required to offer backup power for resale to any entity other than the entity for which the backup power is purchased. ``(D) New or expanded loads.--To the extent backup power is used to serve a new or expanded load on the transmission system, the generating facility shall pay any reasonable costs associated with any transmission, distribution, or generation upgrade required to provide such service.''. (d) Conforming Amendments.--Section 210 of the Federal Power Act (16 U.S.C. 824i) is amended-- (1) in subsection (a)(1)-- (A) by inserting ``transmitting utility, local distribution utility,'' after ``electric utility,''; and (B) in subparagraph (A), by inserting ``any transmitting utility,'' after ``small power production facility,''; (2) in subsection (b)(2), by striking ``an evidentiary hearing'' and inserting ``a hearing''; (3) in subsection (c)(2)-- (A) in subparagraph (B), by striking ``or'' at the end; (B) in subparagraph (C), by striking ``and'' at the end and inserting ``or''; and (C) by adding at the end the following: ``(D) promote competition in electricity markets, and''; and (4) in subsection (d), by striking the last sentence.	Combined Heat and Power Advancement Act of 2001 - Amends the Federal Power Act to prescribe procedural guidelines for: (1) the interconnection of a generating facility with the distribution facilities of the local distribution utility; (2) the interconnection of a generating facility with the transmission facilities of a transmitting utility; and (3) offers to sell backup power by a local distribution utility and by a transmitting utility to an interconnected generating facility.
SECTION 1. FOREIGN LANGUAGE ASSISTANCE. Part B of title II of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 3001 et seq.) is amended to read as follows: ``SEC. 2101. SHORT TITLE. ``This part may be cited as the `Foreign Language Assistance Act of 1993'. ``SEC. 2102. FINDINGS. ``The Congress finds that-- ``(1) foreign language proficiency is key to our Nation's international economic competitiveness, security interests and diplomatic effectiveness; ``(2) the United States lags behind other developed countries in the opportunities the United States offers elementary and secondary school students to study and become proficient in foreign languages; ``(3) more teachers must be trained for foreign language instruction in our Nation's elementary and secondary schools, and those teachers must have expanded opportunities for continued improvement of their skills; ``(4) students with proficiency in languages other than English should be viewed as valuable second language resources for other students; and ``(5) a strong Federal commitment to the purpose of this part is necessary. ``SEC. 2103. PURPOSE. ``It is the purpose of this part to improve the quantity and quality of foreign language instruction offered in our Nation's elementary and secondary schools. ``SEC. 2104. PROGRAM AUTHORIZED. ``(a) Authority.-- ``(1) Grants from the secretary.--In any fiscal year in which the appropriations for this part equal or exceed $50,000,000, the Secretary is authorized, in accordance with the provisions of this part, to award grants to States from allocations under section 2105 to pay the Federal share of the costs of the activities described in section 2107. ``(2) State grant program.--In any fiscal year in which the appropriations for this part do not equal or exceed $50,000,000, the Secretary is authorized to make grants, in accordance with the provisions of this part, to State educational agencies, local educational agencies, consortia of local educational agencies, or consortia of local educational agencies and institutions of higher education, to pay the Federal share of the cost of activities described in section 2107. ``(b) Supplement Not Supplant.--Funds provided under this part shall be used to supplement and not supplant non-Federal funds made available for the activities described in section 2107. ``(c) Duration.--Grants or contracts awarded under this part shall be awarded for a period of not longer than 5 years. ``SEC. 2105. ALLOCATION OF FUNDS. ``(a) Allocation.--From the amount appropriated under section 2113 for any fiscal year, the Secretary shall reserve-- ``(1) not more than \1/2\ of 1 percent for allocation among Guam, American Samoa, the Virgin Islands, the Northern Mariana Islands, and the Republic of Palau (until such time as the Compact of Free Association is ratified) according to their respective needs for assistance under this part; ``(2) not more than \1/2\ of 1 percent for programs for Native American students served by schools funded by the Secretary of the Interior if such programs are consistent with the purpose of this part; ``(3) 10 percent for national programs described in section 2108(a); ``(4) 5 percent for evaluation and research described in section 2108(b); and ``(5) in the case of a fiscal year in which appropriations for this part equal or exceed $50,000,000, 10 percent for bonus grants described in section 2108(c). ``(b) Formula.--In any fiscal year in which the appropriations for this part equal or exceed $50,000,000, the remainder of the amount so appropriated (after meeting the requirements of subsection (a)) shall be allocated among the States as follows: ``(1) \1/2\ of such remainder shall be allocated among the States by allocating to each State an amount which bears the same ratio to \1/2\ of such remainder as the number of children aged 5 to 17, inclusive, in the State bears to the number of such children in all States; and ``(2) \1/2\ of such remainder shall be allocated among the States according to each State's share of allocations under chapter 1 of title I for the preceding fiscal year, except that no State shall receive less than \1/4\ of 1 percent of such remainder. ``(c) Special Rule.--The provisions of Public Law 95-134 shall not apply to assistance provided pursuant to paragraph (1) of subsection (a). ``SEC. 2106. IN-STATE APPORTIONMENT. ``(a) Funding Above $50,000,000.--In any fiscal year in which appropriations for this part equal or exceed $50,000,000, each State receiving a grant under this part shall distribute not less than 95 percent of such grant funds so that-- ``(1) 50 percent of such funds are distributed to local educational agencies within the State for instructional programs described in paragraph (1) of section 2107; and ``(2) 50 percent of such funds are distributed to local educational agencies within the State for teacher development and recruitment activities described in paragraph (2) of section 2107. ``(b) Funding Below $50,000,000.--In any fiscal year in which appropriations for this part do not equal or exceed $50,000,000, the Secretary shall award grants to State educational agencies, local educational agencies, consortia of local educational agencies, or consortia of local educational agencies and institutions of higher education, so that-- ``(1) 50 percent of the funds all such entities in a State receive shall be used for instructional programs described in paragraph (1) of section 2107; and ``(2) 50 percent of the funds all such entities in a State receive shall be used for teacher development and recruitment activities described in paragraph (2) of section 2107. ``SEC. 2107. AUTHORIZED ACTIVITIES. ``A State, State educational agency, local educational agency, consortium of local educational agencies, or consortium of a local educational agency and an institution of higher education may use payments received under this part for the following activities: ``(1) Instructional programs.--Activities which establish, improve or expand elementary or secondary school foreign language programs, including-- ``(A) elementary school immersion programs with articulation at the secondary school level; ``(B) content-based foreign language instruction; and ``(C) intensive summer foreign language programs for students. ``(2) Teacher development and recruitment.--Activities which-- ``(A) expand or improve preservice training, inservice training and retraining of teachers of foreign languages, which training or retraining shall emphasize-- ``(i) intensive summer foreign language programs for teachers; and ``(ii) teacher training programs for elementary school teachers; ``(B) recruit qualified individuals with a demonstrated proficiency in a foreign language to teach foreign languages in elementary and secondary schools, which individuals may include-- ``(i) a retired or returning Federal Government employee who served abroad or a Federal Government employee whose position required proficiency in one or more foreign languages; ``(ii) a retired or returning Peace Corps volunteer; ``(iii) a retired or returning business person or professional who served abroad or whose position required proficiency in one or more foreign languages; ``(iv) a foreign-born national with the equivalent of a bachelor's degree from a domestic or overseas institution of higher education; ``(v) an individual with a bachelor's degree whose major or minor was in a foreign language or international studies; and ``(vi) a graduate of a fellowship or scholarship program assisted under the David L. Boren National Security Education Act of 1991 (20 U.S.C. 1901 et seq.); ``(C) develop programs of alternative teacher preparation and alternative certification to qualify such individuals to teach foreign languages in elementary and secondary schools; and ``(D) establish programs for individual foreign language teachers within a local educational agency in order to improve such teachers' teaching ability or the instructional materials used in such teachers' classrooms. ``SEC. 2108. FEDERAL ACTIVITIES. ``(a) National Programs.--From amounts reserved pursuant to section 2105(a)(3) in each fiscal year, the Secretary is authorized to make grants to State educational agencies, local educational agencies or consortia of local educational agencies to pay the Federal share of the cost of model demonstration programs that represent a variety of alternative and innovative approaches to foreign language instruction for elementary or secondary school students, including-- ``(1) two-way language programs; and ``(2) programs that integrate educational technology into curricula. ``(b) Evaluation and Research.--From amounts reserved pursuant to section 2105(a)(4) in each fiscal year, the Secretary-- ``(1) shall evaluate programs assisted under this part; and ``(2) through the Office of Educational Research and Improvement, shall award grants or enter into contracts for research, regarding-- ``(A) effective methods of foreign language learning and teaching; ``(B) assessments of elementary school foreign language programs and student skills; and ``(C) the efficacy of secondary school foreign language programs. ``(c) Bonus Grants.-- ``(1) In general.--From amounts reserved pursuant to section 2105(a)(5) in any fiscal year, the Secretary is authorized to award bonus grants to States which-- ``(A) require at least 3 years of foreign language study for all students graduating from secondary school in the State; ``(B) require at least 2 years of foreign language study prior to entrance into grade 9 in the State; ``(C) have at least 40 percent of the elementary school students in the State enrolled in foreign language instruction programs; or ``(D) have at least 70 percent of the secondary school students in the State enrolled in foreign language instruction programs. ``(2) Amount.--Each State eligible to receive a grant under paragraph (1) in a fiscal year shall receive a grant in such fiscal year in an amount determined as follows: ``(A) 50 percent of such amount shall be determined on the basis of the number of children aged 5 to 17, inclusive, in such State compared to the number of such children in all such States. ``(B) 50 percent of such amount shall be determined on the basis of such State's share of allocations under chapter 1 of title I compared to all such States' share of such allocations. ``SEC. 2109. APPLICATIONS. ``Each State, State educational agency, local educational agency, consortium of local educational agencies, or consortium of a local educational agency and an institution of higher education, desiring assistance under this part shall submit an application to the Secretary at such time, in such form, and containing or accompanied by such information and assurances as the Secretary may reasonably require. ``SEC. 2110. PAYMENTS; FEDERAL SHARE; NON-FEDERAL SHARE; WAIVER. ``(a) Payments.--The Secretary shall pay to each eligible entity having an application approved under section 2109 the Federal share of the cost of the activities described in the application. ``(b) Federal Share.-- ``(1) In general.--The Federal share-- ``(A) for the first year for which an eligible entity receives assistance under this part shall be not more than 90 percent; ``(B) for the second such year shall be not more than 80 percent; ``(C) for the third such year shall be not more than 60 percent; and ``(D) for the fourth and any subsequent year shall be not more than 40 percent. ``(c) Non-Federal Share.--The non-Federal share of payments under this part may be in cash or in kind, fairly evaluated, including equipment or services. ``(d) Waiver.--The Secretary may waive, in whole or in part, the requirement to provide the non-Federal share of payments for any State, State educational agency, local educational agency, consortium of local educational agencies, or consortium of a local educational agency and an institution of higher education, which the Secretary determines does not have adequate resources to pay the non-Federal share of the program or activity. ``SEC. 2111. PARTICIPATION OF CHILDREN AND TEACHERS FROM PRIVATE SCHOOLS. ``(a) Participation of Private School Students.--To the extent consistent with the number of children in the State or in the school district of each local educational agency receiving assistance under this part who are enrolled in private nonprofit elementary and secondary schools, such State or agency shall, after consultation with appropriate private school representatives, make provision for including services and arrangements for the benefit of such children as will assure the equitable participation of such children in the purposes and benefits of this part. ``(b) Participation of Private School Teachers.--To the extent consistent with the number of children in the State or in the school district of a local educational agency receiving assistance under this part who are enrolled in private nonprofit elementary and secondary schools, such State or agency shall, after consultation with appropriate private school representatives, make provision, for the benefit of such teachers in such schools, for such training and retraining as will assure equitable participation of such teachers in the purposes and benefits of this part. ``(c) Waiver.--If by reason of any provision of law a State or local educational agency is prohibited from providing for the participation of children or teachers from private nonprofit schools as required by subsections (a) and (b), or if the Secretary determines that a State or local educational agency has substantially failed or is unwilling to provide for such participation on an equitable basis, the Secretary shall waive such requirements and shall arrange for the provision of services to such children or teachers, subject to the requirements of this section. Such waivers shall be subject to consultation, withholding, notice, and judicial review requirements in accordance with section 1017 of this Act. ``SEC. 2112. DEFINITIONS. ``For the purpose of this part-- ``(1) the term `articulation' means the continuity of expectations and instruction from year to year and level to level within foreign language study; ``(2) the term `content-based foreign language instruction' means instruction in which portions of subject content from the regular school curriculum are taught or reinforced through the medium of a foreign language; ``(3) the term `foreign language instruction' means instruction in any foreign language, with emphasis on languages not frequently taught in elementary and secondary schools; ``(4) the term `immersion' means an approach to foreign language instruction in which students spend one-half or more of their school day receiving instruction in the regular school curriculum through the medium of a foreign language; ``(5) the term `intensive summer foreign language program' means a program in which participants are immersed in the foreign language for the duration of the activity; ``(6) the term `State' means each of the 50 States, the District of Columbia and the Commonwealth of Puerto Rico; and ``(7) the term `two-way language program' means a foreign language program in which native speakers of English are brought together with approximately equal numbers of speakers of another language and in which content instruction, reading and language arts are taught in both English and the non- English language, with the goal of producing students who have high levels of proficiency in English and the non-English language, appreciation for other cultures, and academic achievement at grade level expectation or above. ``SEC. 2113. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated $75,000,000 for fiscal year 1994, and such sums as may be necessary for each of the 4 succeeding years, to carry out this part.''. S 1525 IS----2	Foreign Language Assistance Act of 1993 - Amends the Elementary and Secondary Education Act of 1965 to establish a foreign language assistance program. Authorizes the Secretary of Education to make grants: (1) as allocations to States in any fiscal year in which appropriations equal or exceed a specified amount; or (2) when appropriations are below such amount, to State educational agencies, local educational agencies (LEAs), consortia of LEAs, or consortia of LEAs and institutions of higher education. Requires that half of such funds be used for foreign language instructional programs at elementary and secondary schools and half for foreign language teacher development and recruitment. Authorizes as Federal activities: (1) grants for model demonstration programs of foreign language instruction for elementary or secondary school students; (2) evaluation and research; and (3) bonus grants to States for having specified levels of foreign language requirements or enrollments. Provides for Federal share and for participation of children and teachers from private schools. Authorizes appropriations.
SECTION 1. SHORT TITLE; DEFINITIONS. (a) Short Title.--This Act may be cited as the ``California Coastal National Monument Santa Cruz Redwoods Expansion Act''. (b) Definitions.--In this Act: (1) Map.--The term ``map'' means the map created by the Bureau of Land Management, entitled ``Santa Cruz Redwoods California Coastal National Monument Addition'' and dated February 3, 2015. (2) Monument.--The term ``Monument'' means the California Coastal National Monument established by Presidential Proclamation 7264. (3) Santa cruz redwoods public lands.--The term ``Santa Cruz Redwoods Public Lands'' means the Federal land comprising approximately 5,800 acres in Santa Cruz County, California, as generally depicted on the map. (4) Presidential proclamation 7264.--The term ``Presidential Proclamation 7264'' means Presidential Proclamation Number 7264, dated January 11, 2000 (65 Fed. Reg. 2821). (5) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 2. FINDINGS; PURPOSE. (a) Findings.--Congress finds that-- (1) the Santa Cruz Redwoods Public Lands contain significant and diverse natural landscapes including six watersheds, redwood and riparian forests, freshwater wetlands, and rolling coastal terrace grasslands in the Santa Cruz Mountains that should be preserved for present and future generations; (2) the Santa Cruz Redwoods Public Lands are habitat for numerous wildlife populations including endangered and rare species such as the California red-legged frog, the American peregrine falcon, coho salmon, and steelhead trout; (3) the ocean and coastal ecosystems adjacent to and visible from the Santa Cruz Redwoods Public Lands are within the California Coastal Monument, and contain habitat for endangered and unique marine species including gray whales, sea otters, and harbor seals; (4) the Santa Cruz Redwoods Public Lands contain threatened vegetation communities such as purple needlegrass and riparian red alder forest; (5) the Santa Cruz Redwoods Public Lands and surrounding coastal lands have been used by humans since prehistoric times and were historically inhabited by the native Ohlone people; (6) the Santa Cruz Redwoods Public Lands are historically associated with adjacent lands managed for the enjoyment of current and future generations, including Coast Dairies State Park and Wilder Ranch State Park; (7) the Santa Cruz Redwoods Public Lands represent a model partnership where future management can be successfully accomplished among the Federal Government, State of California, Santa Cruz County, local communities, and private landowners; (8) permanent protection of the Santa Cruz Redwoods Public Lands will provide important economic benefits to surrounding communities, and has broad public support in the community; (9) the Santa Cruz Redwoods Public Lands will make a significant addition to the California Coastal National Monument and National Landscape Conservation System administered by the Bureau of Land Management of the Department of the Interior; and (10) statutory protection would ensure that the Santa Cruz Redwoods Public Lands remain a part of the historical, cultural, and natural heritage of the United States and a source of inspiration for the people of the United States. (b) Purpose.--The purpose of this Act is to protect, conserve, and enhance for the benefit and enjoyment of present and future generations the unique and nationally important historical, natural, cultural, scientific, educational, and scenic values of the Santa Cruz Redwoods Public Lands, while allowing certain recreational and research activities to continue. SEC. 3. EXPANSION OF CALIFORNIA COASTAL NATIONAL MONUMENT. (a) In General.--The boundary of the Monument established by Presidential Proclamation 7264 is expanded to include the Federal land shown on the map. (b) Map and Legal Description.-- (1) In general.--As soon as practicable after the date of enactment of this Act, the Secretary shall create a map and boundary description of the land added to the Monument by this Act. (2) Force and effect.--The map and boundary description described under paragraph (1) shall have the same force and effect as if included in this Act, except that the Secretary may correct any minor errors in the map and boundary descriptions. (3) Availability of map and boundary description.--The map and boundary description described under paragraph (1) shall be on file and available for public inspection in appropriate offices of the Bureau of Land Management. SEC. 4. ADMINISTRATION. (a) In General.--Subject to valid existing rights, the Secretary shall manage the land added to the Monument by this Act-- (1) as a part of the Monument; (2) by allowing only such uses of the Monument as will further the purposes for which the Monument is established; and (3) in accordance with Presidential Proclamation 7264. (b) Management Plan.-- (1) In general.--Not later than 2 years after the date of enactment of this Act, the Secretary shall finalize an amendment to the Monument management plan for the long-term protection and management of the land added to the Monument by this Act. (2) Requirements.--The plan amendment shall-- (A) be developed with an opportunity for full public participation; and (B) describe the appropriate uses and management of the land consistent with this Act. (c) Motorized and Mechanized Transport.--Except as needed for emergency or authorized administrative purposes, the use of motorized and mechanized vehicles in the Monument shall be permitted only on roads and trails designated for their use. (d) Incorporation of Land and Interests.-- (1) Authority.--The Secretary may acquire non-Federal land or interests in land within or adjacent to the land added to the Monument by this Act only through exchange, donation, or purchase from a willing seller. (2) Management.--Any land or interests in land within or adjacent to the land added to the Monument by this Act acquired by the United States after the date of enactment of this Act shall be added to and administered as part of the Monument. (e) Overflights.--Nothing in this Act-- (1) restricts or precludes overflights, including low-level overflights or military, commercial, and general aviation overflights that can be seen or heard within the land added to the Monument by this Act; (2) restricts or precludes the designation or creation of new units of special use airspace or the establishment of military flight training routes over the land added to the Monument by this Act; or (3) modifies regulations governing low-level overflights above the adjacent Monterey Bay National Marine Sanctuary. (f) Restoration.--Nothing in this Act affects the ongoing restoration and reclamation being performed pursuant to the December 2, 1968 lease between the Coast Dairies and Land Company and the Lone Star Cement Corporation, or under a renegotiation or renewal of that lease, as long as such restoration and reclamation furthers the purpose of the Monument described in section 2(b) and is performed in accordance with-- (1) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and (2) any other applicable law. (g) Native American Uses.--Nothing in this Act enlarges, diminishes, or modifies the rights of any Indian Tribe or Indian religious community. (h) Buffer Zones.-- (1) In general.--The expansion of the Monument is not intended to lead to the establishment of protective perimeters or buffer zones around the land included in the Monument by this Act. (2) Activities outside the monument.--The fact that activities outside the Monument can be seen or heard within the land added to the Monument by this Act shall not, of itself, preclude those activities or uses up to the boundary of the Monument. (i) Grazing.--Nothing in this Act affects the grazing of livestock within the Santa Cruz Redwoods Public Lands. (j) Withdrawal.--Subject to valid existing rights, all Federal land within the Santa Cruz Redwoods expansion to the Monument is withdrawn from-- (1) entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) leasing or disposition under all laws relating to-- (A) minerals; and (B) operation of the mineral leasing, mineral materials, and geothermal leasing laws. (k) National Landscape Conservation System.--The Secretary shall manage the Monument as part of the National Landscape Conservation System.	California Coastal National Monument Santa Cruz Redwoods Expansion Act Expands the boundary of the California Coastal National Monument, established by Presidential Proclamation 7264, to include the Santa Cruz Redwoods public lands comprising approximately 5,800 acres in Santa Cruz County, California. Requires the Department of the Interior to manage such lands: (1) in accordance with such Proclamation, (2) as part of the Monument, and (3) by allowing only such uses of the Monument as will further the purposes for which it is being established. Instructs Interior to finalize an amendment to the Monument's management plan for the long-term protection and management of the lands added to the Monument under this Act. Requires management of the Monument as part of the National Landscape Conservation System.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Unsolved Civil Rights Crime Act''. SEC. 2. SENSE OF CONGRESS. It is the sense of Congress that all authorities with jurisdiction, including the Federal Bureau of Investigation and other entities within the Department of Justice, should-- (1) expeditiously investigate unsolved civil rights murders, due to the amount of time that has passed since the murders and the age of potential witnesses; and (2) provide all the resources necessary to ensure timely and thorough investigations in the cases involved. SEC. 3. DEFINITIONS. In this Act: (1) Chief.--The term ``Chief'' means the Chief of the Section. (2) Criminal civil rights statutes.--The term ``criminal civil rights statutes'' means-- (A) section 241 of title 18, United States Code (relating to conspiracy against rights); (B) section 242 of title 18, United States Code (relating to deprivation of rights under color of law); (C) section 245 of title 18, United States Code (relating to federally protected activities); (D) sections 1581 and 1584 of title 18, United States Code (relating to involuntary servitude and peonage); (E) section 901 of the Fair Housing Act (42 U.S.C. 3631); and (F) any other Federal law that-- (i) was in effect on or before December 31, 1969; and (ii) the Criminal Section of the Civil Rights Division of the Department of Justice enforced, prior to the date of enactment of this Act. (3) Section.--The term ``Section'' (except when used as part of the term ``Criminal Section'') means the Unsolved Crimes Section established under section 4. SEC. 4. ESTABLISHMENT OF SECTION. (a) In General.--There is established in the Civil Rights Division of the Department of Justice an Unsolved Crimes Section. The Section shall be headed by a Chief of the Section. (b) Responsibility.-- (1) In general.--Notwithstanding any other provision of Federal law, the Chief shall be responsible for investigating and prosecuting violations of criminal civil rights statutes, in each case in which a complaint alleges that such a violation-- (A) occurred not later than December 31, 1969; and (B) resulted in a death. (2) Coordination.--After investigating a complaint under paragraph (1), if the Chief determines that an alleged practice that is a violation of a criminal civil rights statute occurred in a State, or political subdivision of a State, that has a State or local law prohibiting the practice alleged and establishing or authorizing a State or local official to grant or seek relief from such practice or to institute criminal proceedings with respect to the practice on receiving notice of the practice, the Chief shall consult with the State or local official regarding the appropriate venue for the case involved. (3) Referral.--After investigating a complaint under paragraph (1), the Chief shall refer the complaint to the Criminal Section of the Civil Rights Division, if the Chief determines that the subject of the complaint has violated a criminal civil rights statute in the case involved but the violation does not meet the requirements of subparagraph (A) or (B) of paragraph (1). (c) Study and Report.-- (1) Study.--The Chief shall annually conduct a study of the cases under the jurisdiction of the Chief and, in conducting the study, shall determine the cases-- (A) for which the Chief has sufficient evidence to prosecute violations of criminal civil rights statutes; and (B) for which the Chief has insufficient evidence to prosecute those violations. (2) Report.--Not later than September 30 of 2006 and of each subsequent year, the Chief shall prepare and submit to Congress a report containing the results of the study conducted under paragraph (1), including a description of the cases described in paragraph (1)(B). (d) Authorization of Appropriations.-- (1) Authorization.--There is authorized to be appropriated to carry out this section $5,000,000 for fiscal year 2006 and each subsequent fiscal year. (2) Additional appropriations.--Any funds appropriated under this subsection shall consist of additional appropriations for the activities described in this section, rather than funds made available through reductions in the appropriations authorized for other enforcement activities of the Department of Justice.	Unsolved Civil Rights Crime Act - Establishes an Unsolved Crimes Section in the Civil Rights Division of the Department of Justice. Requires the Chief of the Section to be responsible for investigating and prosecuting violations of criminal civil rights statutes in which the complaint alleges that such a violation occurred not later than December 31, 1969, and resulted in a death. Requires the Chief to consult with state or local officials regarding the appropriate venue for a case where there has been a violation of a criminal civil rights statute that is also a violation of a state or local law. Directs the Chief to refer cases to the Criminal Section of the Civil Rights Division if the Chief determines that the subject of the complaint has violated a criminal civil rights statute but the violation does not meet the requirements for the Unsolved Crimes Section. Requires the Chief, annually, to determine the cases under his or her jurisdiction for which there is sufficient evidence to prosecute violations of criminal civil rights statutes.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Marine Corps 230th Anniversary Commemorative Coin Act''. SEC. 2. FINDINGS. Congress finds that-- (1) November 10, 2005, marks the 230th anniversary of the United States Marine Corps; (2) the United States Marine Corps has, over the course of its illustrious 230-year history, fought gallantly in defense of the United States; (3) the United States Marine Corps has, over the course of its storied history, established itself as the Nation's military leader in amphibious warfare, and will continue in that role as the United States faces the challenges of the 21st Century; (4) the United States Marine Corps continues to exemplify the warrior ethos that has made it a fighting force of international repute; (5) all Americans should commemorate the legacy of the United States Marine Corps so that the values embodied in the ``Corps'' are recognized for the significant contribution they have made in protecting the United States against its enemies; (6) in 2001, Congress authorized the construction of the Marine Corps Heritage Center, the purpose of which is to provide a multipurpose facility to be used for historical displays for the public viewing, curation, and storage of artifacts, research facilities, classrooms, offices, and associated activities, consistent with the mission of the Marine Corps; (7) the Marine Corps Heritage Center is scheduled to open on November 10, 2005; (8) the United States should pay tribute to the 230th anniversary of the United States Marine Corps by minting and issuing a commemorative silver dollar coin; and (9) the surcharge proceeds from the sale of a commemorative coin, which would have no net costs to the taxpayers, would raise valuable funding for the construction of the Marine Corps Heritage Center. SEC. 3. COIN SPECIFICATIONS. (a) $1 Silver Coins.--The Secretary of the Treasury (in this Act referred to as the ``Secretary'') shall mint and issue not more than 500,000 $1 coins, each of which shall-- (1) weigh 26.73 grams; (2) have a diameter of 1.500 inches; and (3) contain 90 percent silver and 10 percent copper. (b) Legal Tender.--The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. SEC. 4. SOURCES OF BULLION. The Secretary shall obtain silver for minting coins under this Act from all available sources, including stockpiles established under the Strategic and Critical Materials Stock Piling Act. SEC. 5. DESIGN OF COINS. (a) Design Requirements.-- (1) In general.--The design of the coins minted under this Act shall be emblematic of the warrior ethos of the United States Marine Corps. (2) Designation and inscriptions.--On each coin minted under this Act, there shall be-- (A) a designation of the value of the coin; (B) an inscription of the year ``2005''; and (C) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. (b) Selection.--The design for the coins minted under this Act shall be-- (1) selected by the Secretary, after consultation with the Marine Corps Historical Division and the Commission of Fine Arts; and (2) reviewed by the Citizens Commemorative Coin Advisory Committee. SEC. 6. ISSUANCE OF COINS. (a) Quality of Coins.--Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Mint Facility.--Only 1 facility of the United States Mint may be used to strike any particular quality of the coins minted under this Act. (c) Period for Issuance.--The Secretary may issue coins minted under this Act only during the 1-year period beginning on January 1, 2005. SEC. 7. SALE OF COINS. (a) Sale Price.--The coins issued under this Act shall be sold by the Secretary at a price equal to the sum of-- (1) the face value of the coins; (2) the surcharge provided in subsection (b) with respect to such coins; and (3) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (b) Surcharges.--All sales of coins issued under this Act shall include a surcharge of $10 per coin. (c) Bulk Sales.--The Secretary shall make bulk sales of coins issued under this Act at a reasonable discount. (d) Prepaid Orders.-- (1) In general.--The Secretary shall accept prepaid orders for coins minted under this Act before the issuance of such coins. (2) Discount.--Sale prices with respect to prepaid orders under paragraph (1) should be at a reasonable discount. SEC. 8. DISTRIBUTION OF SURCHARGES. (a) Distribution.--Subject to section 5134(f) of title 31, United States Code, all surcharges received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary to the Marine Corps Heritage Foundation for the purposes of construction of the Marine Corps Heritage Center, as authorized by section 1 of Public Law 106-398 (114 Stat. 1654). (b) Audit.--The Marine Corps Heritage Foundation shall be subject to the audit requirements of section 5134(f)(2) of title 31, United States Code, with regard to the amounts received under subsection (a). SEC. 9. FINANCIAL ASSURANCES. (a) No Net Cost to the Government.--The Secretary shall take such actions as may be necessary to ensure that minting and issuing coins under this Act will not result in any net cost to the United States Government. (b) Payment for Coins.--A coin shall not be issued under this Act unless the Secretary has received-- (1) full payment for the coin; (2) security satisfactory to the Secretary to indemnify the United States for full payment; or (3) a guarantee of full payment satisfactory to the Secretary from a depository institution, the deposits of which are insured by the Federal Deposit Insurance Corporation or the National Credit Union Administration.	Marine Corps 230th Anniversary Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue not more than 500,000 one dollar coins which shall be emblematic of the warrior ethos of the United States Marine Corps. Requires: (1) all coin sales to include a surcharge of $10 per coin; and (2) all surcharges to be paid to the Marine Corps Heritage Foundation for construction of the Marine Corps Heritage Center. Directs the Secretary to take such actions as may be necessary to ensure that minting and issuing coins under this Act will not result in any net cost to the U.S. Government. Prohibits a coin from being issued unless the Secretary has received: (1) full payment for the coin; (2) security to indemnify the United States for full payment; or (3) a guarantee of full payment from a depository institution, the deposits of which are insured by the Federal Deposit Insurance Corporation or the National Credit Union Administration.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Employee Tax Accountability Act of 2012''. SEC. 2. INELIGIBILITY OF PERSONS HAVING SERIOUSLY DELINQUENT TAX DEBTS FOR FEDERAL EMPLOYMENT. (a) In General.--Chapter 73 of title 5, United States Code, is amended by adding at the end the following: ``SUBCHAPTER VIII--INELIGIBILITY OF PERSONS HAVING SERIOUSLY DELINQUENT TAX DEBTS FOR FEDERAL EMPLOYMENT ``Sec. 7381. Definitions ``For purposes of this subchapter-- ``(1) the term `seriously delinquent tax debt' means an outstanding debt under the Internal Revenue Code of 1986 for which a notice of lien has been filed in public records pursuant to section 6323 of such Code, except that such term does not include-- ``(A) a debt that is being paid in a timely manner pursuant to an agreement under section 6159 or section 7122 of such Code; ``(B) a debt with respect to which a collection due process hearing under section 6330 of such Code, or relief under subsection (a), (b), or (f) of section 6015 of such Code, is requested or pending; ``(C) a debt with respect to which a levy has been issued under section 6331 of such Code (or, in the case of an applicant for employment, a debt with respect to which the applicant agrees to be subject to a levy issued under such section); and ``(D) a debt with respect to which relief under section 6343(a)(1)(D) of such Code is granted; ``(2) the term `employee' means an employee in or under an agency, including an individual described in sections 2104(b) and 2105(e); and ``(3) the term `agency' means-- ``(A) an Executive agency; ``(B) the United States Postal Service; ``(C) the Postal Regulatory Commission; and ``(D) an employing authority in the legislative branch. ``Sec. 7382. Ineligibility for employment ``(a) In General.--Subject to subsection (c), any person who has a seriously delinquent tax debt shall be ineligible to be appointed or to continue serving as an employee. ``(b) Disclosure Requirement.--The head of each agency shall take appropriate measures to ensure that each person applying for employment with such agency shall be required to submit (as part of the application for employment) certification that such person does not have any seriously delinquent tax debt. ``(c) Regulations.--The Office of Personnel Management, in consultation with the Internal Revenue Service, shall, for purposes of carrying out this section with respect to the executive branch, promulgate any regulations which the Office considers necessary, except that such regulations shall provide for the following: ``(1) All due process rights, afforded by chapter 75 and any other provision of law, shall apply with respect to a determination under this section that an applicant is ineligible to be appointed or that an employee is ineligible to continue serving. ``(2) Before any such determination is given effect with respect to an individual, the individual shall be afforded 180 days to demonstrate that such individual's debt is one described in subparagraph (A), (B), (C), or (D) of section 7381(a)(1). ``(3) An employee may continue to serve, in a situation involving financial hardship, if the continued service of such employee is in the best interests of the United States, as determined on a case-by-case basis. ``(d) Reports to Congress.--The Director of the Office of Personnel Management shall report annually to Congress on the number of exemptions made pursuant to subsection (c)(3). ``Sec. 7383. Review of public records ``(a) In General.--Each agency shall provide for such reviews of public records as the head of such agency considers appropriate to determine if a notice of lien (as described in section 7381(1)) has been filed with respect to an employee of or an applicant for employment with such agency. ``(b) Additional Requests.--If a notice of lien is discovered under subsection (a) with respect to an employee or applicant for employment, the agency may-- ``(1) request that the employee or applicant execute and submit a form authorizing the Secretary of the Treasury to disclose to the head of the agency information limited to describing whether the employee or applicant has a seriously delinquent tax debt; and ``(2) contact the Secretary of the Treasury to request tax information limited to describing whether the employee or applicant has a seriously delinquent tax debt. ``(c) Authorization Form.--The Secretary of the Treasury shall make available to all agencies a standard form for the authorization described in subsection (b)(1). ``(d) Negative Consideration.--The head of an agency, in considering an individual's application for employment or in making an employee appraisal or evaluation, shall give negative consideration to a refusal or failure to comply with a request under subsection (b)(1). ``Sec. 7384. Confidentiality ``Neither the head nor any other employee of an agency may-- ``(1) use any information furnished under the provisions of this subchapter for any purpose other than the administration of this subchapter; ``(2) make any publication whereby the information furnished by or with respect to any particular individual under this subchapter can be identified; or ``(3) permit anyone who is not an employee of such agency to examine or otherwise have access to any such information.''. (b) Clerical Amendment.--The analysis for chapter 73 of title 5, United States Code, is amended by adding at the end the following: ``SUBCHAPTER VIII--INELIGIBILITY OF PERSONS HAVING SERIOUSLY DELINQUENT TAX DEBTS FOR FEDERAL EMPLOYMENT ``7381. Definitions. ``7382. Ineligibility for employment. ``7383. Review of public records. ``7384. Confidentiality.''. SEC. 3. EFFECTIVE DATE. This Act and the amendments made by this Act shall take effect 9 months after the date of enactment of this Act. Passed the House of Representatives July 31, 2012. Attest: KAREN L. HAAS, Clerk.	Federal Employee Tax Accountability Act of 2012 - Makes any person who has a seriously delinquent tax debt ineligible for federal employment or to continue serving as a federal employee. Defines "seriously delinquent tax debt" as an outstanding tax debt for which a notice of lien has been filed in public records. Exempts a tax debt: (1) that is being paid in a timely manner under an approved installment payment agreement or an offer-in-compromise, (2) for which a collection due process hearing has been requested or pending, (3) for which a levy has been issued or agreed to by an applicant for employment, or (4) that is determined to be an economic hardship to the taxpayer. Requires each federal agency to: (1) ensure that applicants for employment certify that they do not have a seriously delinquent tax debt, (2) review public records to determine if a notice of lien has been filed against an employee or applicant, and (3) restrict access to and use of information obtained under this Act. Authorizes an agency, if a tax lien against a federal employee or applicant is discovered in any public record, to: (1) request such employee or applicant to execute and submit a form authorizing the Secretary of the Treasury to disclose to an agency head information describing whether the employee or applicant has a seriously delinquent tax debt, and (2) contact the Secretary to request tax information about a seriously delinquent tax debt of an employee or applicant. Requires the Office of Personnel Management (OPM) to promulgate regulations to carry out this Act that provide taxpayers with all due process rights and to report to Congress annually on the number of exemptions granted for financial hardship. Grants federal employees or applicants 180 days to demonstrate that their tax debts are exempt from classification as a seriously delinquent tax debt under this Act. Makes this Act effective nine months after its enactment.
SECTION 1. PENALTY FREE WITHDRAWALS FROM RETIREMENT PLANS FOR VICTIMS OF FEDERALLY DECLARED NATURAL DISASTERS. (a) In General.--Paragraph (2) of section 72(t) of the Internal Revenue Code of 1986 (relating to 10-percent additional tax on early distributions from qualified retirement plans) is amended by adding at the end the following new subparagraph: ``(G) Distributions from retirement plans to victims of federally declared natural disasters.-- ``(i) In general.--Any qualified disaster- relief distribution. ``(ii) Amount distributed may be repaid.-- Any individual who receives a qualified disaster-relief distribution may, at any time during the 5-year period beginning on the day after the date on which such distribution was made, make one or more contributions to an individual retirement plan of such individual in an aggregate amount not to exceed the amount of such distribution. The dollar limitations otherwise applicable to contributions to individual retirement plans shall not apply to any contribution made pursuant to the preceding sentence. No deduction shall be allowed for any contribution pursuant to this clause. ``(iii) Qualified disaster-relief distribution.--For purposes of this subparagraph, the term `qualified disaster- relief distribution' means any distribution to an individual who has sustained a loss in excess of $100 as a result of a major disaster declared under the Robert T. Stafford Disaster Relief and Emergency Assistance Act-- ``(I) if such distribution is made during the 1-year period beginning on the date such declaration is made, and ``(II) to the extent such distribution does not exceed the amount of such loss and is not compensated for by insurance or otherwise. For purposes of subclause (II), the amount of any loss shall be determined using the greater of the fair market value of the property on the day before the date of such disaster or the adjusted basis of the property as provided in section 1011.''. (b) Exemption of Distributions From Withholding.--Paragraph (4) of section 402(c) of the Internal Revenue Code of 1986 (relating to eligible rollover distribution) is amended by striking ``and'' at the end of subparagraph (B), by striking the period at the end of subparagraph (C) and inserting ``, and'', and by inserting at the end the following new subparagraph: ``(D) any qualified disaster-relief distribution (within the meaning of section 72(t)(2)(G)).''. (c) Conforming Amendments.-- (1) Section 401(k)(2)(B)(i) of the Internal Revenue Code of 1986 is amended by striking ``or'' at the end of subclause (III), by striking ``and'' at the end of subclause (IV) and inserting ``or'', and by inserting after subclause (IV) the following new subclause: ``(V) the date on which a period referred to in section 72(t)(2)(G)(iii)(I) begins (but only to the extent provided in section 72(t)(2)(G)), and''. (2) Section 403(b)(7)(A)(ii) of such Code is amended by inserting ``sustains a loss as a result of a major disaster declared under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (but only to the extent provided in section 72(t)(2)(G)),'' before ``or''. (3) Section 403(b)(11) of such Code is amended by striking ``or'' at the end of subparagraph (A), by striking the period at the end of subparagraph (B) and inserting ``, or'', and by inserting after subparagraph (B) the following new subparagraph: ``(C) for distributions to which section 72(t)(2)(G) applies.''. (d) Effective Date.--The amendments made by this section shall apply to distributions received in taxable years beginning after December 31, 2003.	Amends the Internal Revenue Code to: (1) exempt qualified disaster-relief distributions from the ten percent penalty on premature distributions from tax-exempt retirement plans; and (2) allow repayment of such distributions to the retirement plan within five years after the date of such distribution. Defines a "qualified disaster-relief distribution" as a distribution to an individual who has sustained a loss in excess of $100 from a major disaster declared under the Robert T. Stafford Disaster Relief and Emergency Assistance Act if such distribution is made within one year after the disaster declaration and the distribution does not exceed the amount of the loss and is not covered by insurance or otherwise.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Rent-To-Own Reform Act of 2001''. SEC. RENT-TO-OWN PROTECTION ACT. The Consumer Credit Protection Act (15 U.S.C. 1601 et seq.) is amended by adding at the end the following new title: ``TITLE X--RENT-TO-OWN TRANSACTIONS ``Sec. ``1001. Short title. ``1002. Findings and purposes. ``1003. Definitions. ``1004. Application of State laws regarding fees, charges, guarantees, and warranties to rent-to-own transactions. ``1005. Application of Federal laws to rent-to-own transactions. ``1006. Disclosures. ``1007. Prohibitions and enforcement. ``1008. Civil liability. ``1009. Application of this title. ``1010. Regulations. ``1011. Relationship to other laws. ``SEC. 1001. SHORT TITLE. ``This title may be cited as the `Rent-To-Own Protection Act'. ``SEC. 1002. FINDINGS AND PURPOSES. ``(a) Findings.--The Congress finds the following: ``(1) The rent-to-own industry targets its products primarily to low income and minority neighborhoods. ``(2) The majority of rent-to-own customers enter into rent-to-own contracts with the intention of owning the goods for which they are contracting. ``(3) Rent-to-own dealers often fail to disclose key terms of rent-to-own contracts, and engage in unfair collection practices. ``(4) Of primary significance, rent-to-own dealers do not provide customers with the protections afforded purchasers in retail installment sales under State and Federal laws, and often charge excessive fees and interest rates. ``(b) Purposes.--The purposes of this title are the following: ``(1) Provide consumers in rent-to-own transactions the range of protections provided under State and Federal laws to individuals that acquire goods in other consumer credit sales, while recognizing and preserving consumers' unilateral right to terminate. ``(2) Require rent-to-own contracts, and tags affixed to items available for acquisition in rent-to-own transactions, to disclose material terms of those transactions. ``(3) Prohibit rent-to-own dealers and collection agents hired by those dealers from engaging in abusive collection practices. ``SEC. 1003. DEFINITIONS. ``For purposes of this title, the following definitions shall apply: ``(1) Board.--The term `Board' means the Board of Governors of the Federal Reserve System. ``(2) Cash price.--The term `cash price' means-- ``(A) the bona fide retail price for an item or service in sales by a seller to consumers who pay the full price in one payment, respectively-- ``(i) before taking possession of the item, or ``(ii) for receipt of the service other than in a rent-to-own transaction, as indicated by actual sales of such item or service by the seller; and ``(B) in the case of a seller that does not regularly engage in such sales of the item or service, respectively-- ``(i) the average cash retail price of the item or a similar item in the community; or ``(ii) the estimated bona fide retail value of the service. ``(3) Consumer.--The term `consumer'-- ``(A) when used as an adjective, means for use by an individual primarily for personal, family, or household purposes; and ``(B) when used as a noun, means an individual who is the lessee or bailee under a rent-to-own contract. ``(4) Credit.--The term `credit'-- ``(A) includes the right granted by a seller to a consumer to obtain possession of an item of consumer goods under a rent-to-own contract before payment of the total amount that is required to be paid to acquire ownership of the item; and ``(B) is deemed to be a fixed sum equal to-- ``(i) the total of payments for the item required to obtain ownership of the item under the contract; minus ``(ii) the sum of-- ``(I) the cash price; ``(II) any fees specifically allowable under State law, except finance charges, interest, or a time price differential; and ``(III) the termination fee under section 1004. ``(5) Rent-to-own contract.--The term `rent-to-own contract' means a contract in the form of a terminable lease or bailment of an item of consumer goods, under which-- ``(A) a consumer-- ``(i) has the right of possession and use of the item; and ``(ii) has the option to renew the contract periodically by making payments specified in the contract; and ``(B) a seller agrees, in writing or orally, to transfer ownership of the item to the consumer upon the fulfillment of all obligations of the consumer under the contract for that transfer. ``(6) Rent-to-own transaction.--The term `rent-to-own transaction' means the lease or bailment of an item of consumer goods under a rent-to-own contract. ``(7) Seller.--The term `seller' means-- ``(A) a person-- ``(i) who regularly makes consumer goods available under rent-to-own contracts; and ``(ii) to whom payments are payable under those contracts; and ``(B) an assignee of such a person. ``(8) State.--The term `State' means any State, the Commonwealth of Puerto Rico, the District of Columbia, and any territory or possession of the United States. ``SEC. 1004. APPLICATION OF STATE LAWS REGARDING FEES, CHARGES, GUARANTEES, AND WARRANTIES TO RENT-TO-OWN TRANSACTIONS. ``(a) In General.--Subject to subsection (b), a seller in a rent- to-own transaction may not take, receive, or assess any interest, finance charge, or other fee for the transaction that is in excess of the interest, fees, or finance charges that may be charged under the laws of the State in which the seller is located which-- ``(1) establish a maximum rate or amount of interest, finance charge, or time-price differential that may be charged in connection with a credit sale or retail installment sale for the same or a similar item; ``(2) establish the types of fees and the maximum amount of fees that a seller may charge in connection with a credit sale or retail installment sale for the same or a similar item; or ``(3) establish the types of credit insurance and the maximum amount of premiums that can be charged for credit insurance in connection with a credit sale or a retail installment sale for the same or a similar item. ``(b) Additional Termination Charges and Fees.-- ``(1) Charges and fees authorized.--In addition to fees and charges authorized under subsection (a), a seller in a rent-to- own transaction may charge-- ``(A) a termination fee in accordance with paragraph (2), if in exchange the consumer is given the right to terminate the rent-to-own contract for the transaction at any time without regard to whether the consumer has completed payment of the fee; and ``(B) fees that are reasonable in relation to the cash price of the good, for recovery of the items that are the subject of the contract and that are not voluntarily returned to the seller upon the termination of the contract. ``(2) Termination fee.--A termination fee under paragraph (1)(A)-- ``(A) shall not exceed 5 percent of the cash price under the contract; ``(B) shall be disclosed in the contract; ``(C) may be paid at the time the contract is entered into or over the life of the contract; and ``(D) shall be calculated as part of the finance charge as determined under section 106 of the Truth in Lending Act. ``(3) Recovery fees.--A recovery fee under paragraph (1)(B) shall be disclosed in the contract. ``(4) Effect of termination.--The termination of a rent-to- own contract by a consumer in accordance with a right of termination given to the consumer in exchange for a termination fee under subsection (a)(1) is deemed to satisfy the consumer's obligation for all payments and fees due under the contract, except fees and charges under the contract that become due before the date of termination. ``(c) Guarantees and Warranties.--All guarantees and warranties established or required under the laws of a State for goods sold pursuant to a consumer credit sale or retail installment sale apply to goods which are the subject of a rent-to-own transaction in the State. ``SEC. 1005. APPLICATION OF FEDERAL LAWS TO RENT-TO-OWN TRANSACTIONS. ``The following Federal laws apply to a rent-to-own transaction, as follows: ``(1) Truth in lending act.--The Truth in Lending Act applies as such Act applies to a consumer credit transaction that is a credit sale (as that term is defined in that Act). ``(2) Equal credit opportunity act.--The Equal Credit Opportunity Act applies as such Act applies to credit transactions. For purposes of that application-- ``(A) a consumer shall be treated as an applicant; and ``(B) a seller shall be treated as a creditor. ``(3) Fair debt collection practices act.--The Fair Debt Collection Practices Act applies to the collection of payments owed that arise from a rent-to-own transaction, unless those payments are collected by any person specified in subparagraphs (A) through (F) of section 803(6) of such Act. For purposes of that application, payments owed shall be treated as debt. ``(4) Fair credit reporting act.--The Fair Credit Reporting Act applies as such Act applies to a credit transaction and to any extension or denial of credit. ``SEC. 1006. DISCLOSURES. ``(a) Disclosures on Goods.--A seller shall include on each item in the place of business of the seller that is available for purchase pursuant to a rent-to-own transaction the following information: ``(1) The cash price of the item. ``(2) An itemization of services offered under a rent-to- own contract for the item, and the cash price of each service. ``(3) The annual percentage rate of the item under a rent- to-own contract, determined under section 107 of the Truth in Lending Act. ``(4) The weekly, biweekly, monthly, or other incremental payment applicable under the rent-to-own contract for the transaction and the number of payments. ``(5) The total of payments required to be paid to acquire ownership of the item under a rent-to-own contract for the transaction, determined under regulations under the Truth in Lending Act. ``(6) Specification of whether the item is new or used. ``(b) Disclosures Upon Contracting.--A seller shall provide to a consumer in writing, at the time the seller and consumer enter into a rent-to-own contract for an item, the information referred to in subsection (a) for the item and the contract. ``SEC. 1007. PROHIBITIONS AND ENFORCEMENT. ``(a) Prohibitions.--A person who is a seller under a rent-to-own contract with a consumer shall not-- ``(1) threaten or invoke criminal prosecution of a consumer for any matter related to the contract, unless there is clear and convincing evidence that the goods that are the subject of the contract are being held by the consumer with an intent to defraud the seller; ``(2) use threats or coercion to collect or attempt to collect any amounts alleged to be due from the consumer; ``(3) engage in any conduct, the natural consequence of which is to oppress, harass, or abuse any person in connection with an attempt to collect amounts owed by the consumer under the contract; ``(4) unreasonably disclose information to third parties regarding amounts owed by the consumer; ``(5) make any fraudulent, deceptive, or misleading representation to obtain information about the consumer or to collect amounts owed by the consumer; ``(6) use any unconscionable means to collect or attempt to collect a debt owed to the seller; ``(7) advertise, announce, solicit, or otherwise represent as free or available without charge (including by use of other words of similar meaning) any service under the contract for which the seller charges the consumer, including any service for which a charge is collected by inclusion in the amount required to be paid under the contract; ``(8) use, for purposes of complying with any State or Federal law governing rent-to-own transactions (other than a State or Federal tax law) any definition of the term `cash price' other than the definition under section 1003(2); ``(9) engage in any act or practice which is unfair or deceptive in connection with a rent-to-own transaction; or ``(10) violate any regulation issued by the Board under subsection (c)(1). ``(b) Enforcement.-- ``(1) Enforcement.--Compliance with the requirements under this title shall be enforced by the Federal Trade Commission. All functions and powers of the Federal Trade Commission under the Federal Trade Commission Act shall be available to the Commission to enforce compliance with this title by any person, irrespective of whether the person is engaged in commerce or meets any other jurisdictional tests in the Federal Trade Commission Act, including the power to enforce the provisions of this title in the same manner as if the violation had been a violation of a Federal Trade Commission trade regulation rule. ``(2) Treatment of violations.--For the purpose of the exercise by the Federal Trade Commission of the functions and powers of such Commission under the Federal Trade Commission Act, a violation of any requirement or prohibition under this title is deemed to be an unfair or deceptive act or practice in commerce in violation of that Act. ``(c) Regulations.-- ``(1) Board.--The Board shall issue such regulations as are necessary or appropriate for implementing subsection (a), including regulations describing specific practices by a seller that are prohibited by paragraphs (1) through (9) of that subsection. ``(2) Federal trade commission.--The Federal Trade Commission shall issue regulations implementing subsection (b). ``SEC. 1008. CIVIL LIABILITY. ``(a) Liability for Failure To Properly Disclose Terms.--Any seller who fails to comply with a requirement under section 1006 is liable to the consumer in an amount equal to the sum of-- ``(1) actual damages sustained by the consumer as a result of the failure; ``(2) $250 for each failure; and ``(3) all costs of the action and reasonable attorney fees, as determined by the court. ``(b) Other Liability.--A seller that violates this title or fails to comply with any requirement imposed under this title, other than under section 1006, shall be liable to the consumer in an amount equal to the sum of-- ``(1) actual damages sustained by the consumer as a result of the violation; ``(2) $2,500 for each violation; and ``(3) all costs of the action and reasonable attorney fees, as determined by the court. ``(c) Jurisdiction and Limitation.--An action under this title may be brought in any United States district court or in any other court of competent jurisdiction, within 24 months after the date of the violation or failure that is the subject of the action. This subsection does not bar a person from asserting a violation of this title in an action to collect amounts alleged to be due from the person which is brought more than 2 years after the date of the occurrence of the violation as a matter of defense by recoupment or set-off in such action. ``SEC. 1009. APPLICATION OF THIS TITLE. ``(a) In General.--This title shall apply to rent-to-own contracts entered into after the date of the issuance of regulations by the Board under section 1010. ``(b) Motor Vehicles.--This title shall not apply to any lease or sale of a motor vehicle entered into after the date of the enactment of the Rent-To-Own Reform Act of 2001 that, if entered into on the day before that date of enactment, would have been subject to chapter 5 of the Truth in Lending Act. ``SEC. 1010. REGULATIONS. ``The Board shall issue such regulations as may be necessary to implement this Act (including regulations under section 1007(c)(1)), by not later than 12 months after the date of the enactment of the Rent- To-Own Reform Act of 2001. ``SEC. 1011. RELATIONSHIP TO OTHER LAWS. ``(a) State Law.--This title does not annul, alter, or affect, or exempt any person subject to the provisions of this title from complying with, the laws of any State with respect to rent-to-own transactions, except to the extent that those laws are inconsistent with any provision of this title, and then only to the extent of the inconsistency. ``(b) Consumer Lease Provisions of Truth in Lending Act.--Chapter 5 of the Truth in Lending Act, relating to consumer leases, shall not apply to a rent-to-own transaction except the lease or sale of a motor vehicle that, if entered into on the day before the date of the enactment of the Rent-To-Own Reform Act of 2001, would have been subject to that chapter.''.	Rent-To-Own Reform Act of 2001 - Amends the Consumer Credit Protection Act to prohibit seller-imposed interest, finance charges, or other fees in a rent-to-own transaction that exceed maximum interest, fees, or finance charges that may be charged for a credit sale or retail installment sale for the same or similar item under the laws of the seller's State.Prescribes guidelines for authorized seller termination charges.Grants a rent-to-own transaction: (1) the same warranty and guaranty protections as apply to a consumer credit sale or retail installment sale; and (2) specified statutory protections under the Truth in Lending Act, the Equal Credit Opportunity Act, the Fair Debt Collection Practices Act, and the Fair Credit Reporting Act..Mandates specified seller disclosures on goods in a rent-to-own transaction, including payment terms. Prohibits specified seller practices. Grants the Federal Trade Commission enforcement powers.Subjects a seller to civil liability to the consumer for violations of this Act.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Terrorist Notification Act of 2010''. SEC. 2. PROVISION OF CERTAIN INTELLIGENCE RELATED TO MEMBERS OF THE ARMED FORCES AND CIVILIAN EMPLOYEES AND CONTRACTORS OF THE DEPARTMENT OF DEFENSE TO THE DEPARTMENT OF DEFENSE. (a) In General.--Title I of the National Security Act of 1947 (50 U.S.C. 402 et seq.) is amended by adding at the end the following new section: ``provision of certain intelligence related to members of the armed forces and civilian employees and contractors of the department of defense to the department of defense ``Sec. 120. (a) In General.--Subject to subsection (b), the head of an element of the intelligence community shall provide to the Secretary of Defense any intelligence information obtained by such element that indicates that a member of the Armed Forces, a civilian employee of the Department of Defense, or a Department of Defense contractor employee has communicated with a person that seeks to harm the United States or United States interests. ``(b) Exception.--The head of an element of the intelligence community may withhold information required to be provided under subsection (a) if such head determines that providing such information in accordance with such subsection would negatively affect an ongoing investigation.''. (b) Clerical Amendment.--The table of contents in the first section of such Act is amended by inserting after the item relating to section 119 the following new item: ``Sec. 120. Provision of certain intelligence related to members of the Armed Forces and civilian employees and contractors of the Department of Defense to the Department of Defense.''. SEC. 3. DEPARTMENT OF DEFENSE RESPONSE TO INTELLIGENCE INQUIRIES REGARDING MEMBERS OF THE ARMED FORCES, CIVILIAN EMPLOYEES, AND CONTRACTOR PERSONNEL. (a) Prompt Response to Inquiries.--Chapter 80 of title 10, United States Code, is amended by inserting after section 1564a the following new section: ``Sec. 1564b. Response to intelligence inquiries regarding members, civilian employees, and contractor personnel ``(a) Prompt Response Required.--The Secretary of Defense shall prescribe a process for expediting an official response to any information submitted by an element of the intelligence community indicating that a member of the armed forces, a civilian employee of the Department of Defense, or a Department of Defense contractor employee has communicated with a person that seeks to harm the United States or United States interests. ``(b) Response Goal.--To the maximum extent practicable, the process prescribed under subsection (a) shall seek to achieve a response time of not more than 24 hours after receiving information from an element of the intelligence community described in such subsection. At a minimum, the Secretary of Defense shall notify the element of the intelligence community whether the contact of the member of the armed forces, civilian employee of the Department of Defense, or Department of Defense contractor employee with a person that seeks to harm the United States or United States interests is directly related to the duties and assignments of the member or employee within the Department of Defense. ``(c) Annual Review.--The Secretary of Defense shall conduct an annual review of the process prescribed under subsection (a) and shall revise that process as determined necessary in relation to ongoing Department of Defense missions. ``(d) Consultation Requirement.--The Secretary of Defense shall consult with the Secretaries of the military departments and the heads of Defense Agencies in carrying out this section. ``(e) Report.--The Secretary of Defense shall annually submit to Congress a report containing-- ``(1) the number of instances in which an element of the intelligence community has provided information to the Secretary of Defense indicating that a member of the armed forces, a civilian employee of the Department of Defense, or a Department of Defense contractor employee has communicated with a person that seeks to harm the United States or United States interests during the preceding year; and ``(2) the results of each investigation conducted by the Secretary with respect to the instances referred to in paragraph (1). ``(f) Intelligence Community Defined.--In this section, the term `intelligence community' has the meaning given such term in section 3(4) of the National Security Act of 1947 (50 U.S.C. 401a(4)).''. (b) Initial Report.--The first report required under section 1564b(e) of title 10, United States Code, as added by subsection (a) of this section, shall be submitted not later than one year after the date of the enactment of this Act. (c) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1564a the following new item: ``1564b. Response to intelligence inquiries regarding members, civilian employees, and contractor personnel.''.	Terrorist Notification Act of 2010 - Amends the National Security Act of 1947 to direct the head of an element of the intelligence community (IC) to provide to the Secretary of Defense any intelligence information obtained by such IC element that indicates that a member of the Armed Forces, a civilian employee of the Department of Defense (DOD), or a DOD contractor employee has communicated with a person that seeks to harm the United States or U.S. interests. Allows an exception when the IC head determines that providing such information would negatively affect an ongoing investigation. Requires: (1) the Secretary to prescribe a process for expediting an official response to any information submitted, and to seek to achieve such response within 24 hours after receipt of the information; (2) such response to include whether the contact of the member or employee with such a person is directly related to his or her duties; (3) the Secretary to annually review and revise the response process as necessary; and (4) the Secretary to report annually to Congress concerning the instances in which such information was provided and the response to the information.
SECTION 1. AUTHORITY TO ESTABLISH AND OPERATE MANAGED HEALTH-CARE PLANS. (a) In General.--Chapter 17 of title 38, United States Code, is amended by inserting after section 1704 the following new section: ``Sec. 1705. Establishment of managed health-care plans ``(a) In carrying out responsibilities under this title with respect to the delivery of health care, the Secretary may establish and operate managed health-care plans. Any such plan shall be operated by or through a Department health-care facility or group of facilities and may include the provision of health services through other public or private entities under arrangements made between that Department facility or group of facilities and the other public or private entity concerned. Any such managed health care plan under this section shall be established and operated in conformance with standards prescribed by the Secretary after consultation with the Secretary of Health and Human Services. ``(b) The Secretary, as part of the standards prescribed under subsection (a), shall prescribe the minimum health care benefits to be provided under the plan to veterans enrolled in the plan. Those benefits shall include at least those health benefits covered under parts A and B of the Medicare program under title XVIII of the Social Security Act. ``(c) The Secretary may establish an enrollment system to enroll veterans (other than veterans described in section 1710(a)(1) of this title) in any plan established under subsection (a). ``(d) The Secretary, notwithstanding sections 1710(f) and 1712(f) of this title, may establish such cost-sharing requirements for veterans enrolled in a plan under this section as the Secretary considers appropriate to cover costs of providing benefits under the plan that are not paid by the Medicare program under title XVIII of the Social Security Act. Such cost-sharing requirements may include an enrollment premium, copayment charges, and deductibles. ``(e) Payments received under subsection (d) and under section 1729A of this title with respect to care or services provided to a veteran enrolled in a health-care plan under this section shall be credited to the applicable Department medical appropriation and shall be used to pay for the costs of furnishing care and services under subsection (a). ``(f) The Secretary may not in any fiscal year operate a plan under subsection (a) at a Department facility unless the director of that facility has certified to the Under Secretary for Health that sufficient medical care funds have been allotted to that facility for that fiscal year to enable the director to provide needed hospital care and medical services authorized under this chapter to veterans described in section 1710(a)(1) of this title in the number that, in the judgment of the director, are likely to require that care and services from that facility during that fiscal year.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1704 the following new item: ``1705. Establishment of managed health-care plans.''. SEC. 2. REQUIREMENT FOR PAYMENT FOR CERTAIN SERVICES PROVIDED BY DEPARTMENT FACILITIES. (a) In General.--Chapter 17 of title 38, United States Code, is amended by inserting after section 1729 the following new section: ``Sec. 1729A. Medicare payment for certain veterans ``(a) Notwithstanding any other provision of law, the Secretary of Health and Human Services shall make payments during a year to a Department managed health care plan on behalf of veterans (other than veterans described in section 1710(a)(1) of this title) who are Medicare-eligible individuals and are enrolled in such plan during the year under similar terms as the Secretary makes payments under title XVIII of the Social Security Act to other eligible managed care health plans. ``(b)(1) For purposes of subsection (a), a managed health care plan organized and operated under section 1705 of this title-- ``(A) which provides care to Medicare-eligible veterans (other than veterans described in section 1710(a)(1) of this title); and ``(B) for which there is a certification in effect under paragraph (2), shall be deemed to be a certified Medicare Choice organization under section 1857 of the Social Security Act. ``(2) The Secretary shall certify to the Secretary of Health and Human Services each year a list of all Department managed health care plans established under section 1705 of this title which the Secretary finds conform to the standards prescribed under such section. ``(c) For purposes of this section-- ``(1) the term `Medicare program' means the health insurance program under title XVIII of the Social Security Act; ``(2) the term `Medicare-eligible veteran' means a veteran who is entitled to benefits under the Medicare program; and ``(3) the term `Medicare Choice organization' means a managed health care organization under part C of title XVIII of the Social Security Act.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1729 the following new item: ``1729A. Medicare payment for certain veterans.''. (c) Effective Date.--Section 1729A of title 38, United States Code, as added by subsection (b), shall apply with respect to care provided after the date of the enactment of this Act.	Authorizes the Secretary of Veterans Affairs, in carrying out responsibilities with respect to the delivery of health care for veterans and their beneficiaries, to establish and operate managed health care plans through a Department of Veterans Affairs health care facility or group of such facilities or through arrangements with public or private entities. Directs the Secretary to prescribe the minimum health care benefits to be provided to veterans enrolled in the plan, which shall include at least those benefits covered under parts A and B of the Medicare Program (title XVIII of the Social Security Act). Authorizes the Secretary to establish cost-sharing requirements for veterans enrolled in such a plan, including premiums, copayments, and deductibles. Requires the director of a Department health care facility to certify, before the operation of a plan at such facility, that sufficient medical care funds have been allotted to such facility to provide the needed services. Directs the Secretary of Health and Human Services (HHS Secretary) to make payments during a year to a Department managed health care plan on behalf of veterans who are Medicare-eligible individuals and are enrolled in the managed health care plan, under similar terms as the HHS Secretary makes payments under Medicare to other eligible managed health care plans. Directs the Secretary to certify to the HHS Secretary each year a list of all Department managed health care plans which conform to the standards required for such payments.
SECTION 1. SHORT TITLE. This Act may be cited as the ``United States Olympic Committee Paralympic Program Act of 2008''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress makes the following findings: (1) In 1998, Congress enacted the Olympic and Amateur Sports Act Amendments of 1998, which amended chapter 2205 of title 36, United States Code, which included a statement that the purpose of the Act was ``to encourage and provide assistance to amateur athletic programs and competition for amateur athletes with disabilities, including, where feasible, the expansion of opportunities for meaningful participation by such amateur athletes in programs of athletic competition for able-bodied amateur athletes''. (2) The United States Olympic Committee manages and administers the Paralympic Program for physically disabled athletes. (3) In 2005, the United States Olympic Committee entered into a memorandum of understanding with the Secretary of Veterans Affairs to expand the Paralympic Program to provide special training and rehabilitation to disabled veterans and disabled members of the Armed Forces as part of their rehabilitation and return to an active lifestyle. (4) The Paralympic Program has a significant positive effect on the quality of life of such veterans and servicemembers, including helping to improve the mobility, vitality, and physical, psychological, and social well-being of disabled veterans and disabled members of the Armed Forces who participate in the program and reducing the incidence of secondary medical conditions in those participants. (5) Because of Operation Iraqi Freedom and Operation Enduring Freedom, the number of disabled veterans and disabled members of the Armed Forces has increased substantially and it is therefore necessary to expand the scope and size of the Paralympic Program to provide rehabilitative services through sports to disabled veterans and members of the Armed Forces. (b) Purpose.--The purposes of this Act are as follows: (1) To promote the life-long health of disabled veterans and disabled members of the Armed Forces through regular participation in physical activity and sports. (2) To develop a system that promotes disabled sports from the local level through elite levels by creating partnerships among organizations specializing in supporting, training, and promoting programs for disabled athletes. (3) To provide training and support to local organizations to provide Paralympic sports training to disabled veterans and disabled members of the Armed Forces in their own communities. (4) To provide support to the United States Olympic Committee for the Paralympic Program to increase the participation of disabled veterans and disabled members of the Armed Forces in sports as part of their rehabilitation. SEC. 3. DEPARTMENT OF VETERANS AFFAIRS PROVISION OF ASSISTANCE TO UNITED STATES OLYMPIC COMMITTEE PARALYMPIC PROGRAM. (a) Provision of Assistance Authorized.--Subchapter II of chapter 5 of title 38, United States Code, is amended by inserting after section 521 the following: ``Sec. 521A. Assistance for the United States Olympic Committee Paralympic Program ``(a) Authorization To Provide Assistance.--The Secretary may make grants to the United States Olympic Committee to plan, develop, manage, and implement the Paralympic Program for disabled veterans and disabled members of the Armed Forces. ``(b) Oversight by Secretary.--As a condition of receiving a grant under this section, the United States Olympic Committee shall permit the Secretary to conduct such oversight of the use of grant funds as the Secretary determines is appropriate. ``(c) Application Requirement.--(1) Before the Secretary may make a grant to the United States Olympic Committee under this section, the Committee shall submit to the Secretary an application that describes the activities to be carried out with the grant, including information on specific measurable goals and objectives to be achieved using grant funds. The application shall include a detailed description of all partnerships referred to in paragraph (2) at the national and local levels that will be participating in such activities and the amount of grant funds that will be made available for each of such partnerships. ``(2) Partnerships.--Partnerships referred to in this paragraph are agreements between the United States Olympic Committee and national organizations with significant experience in the training and support of disabled athletes and the promotion of disabled sports at the local and national levels. Such organizations include Disabled Sports USA, Blaze Sports, Paralyzed Veterans of America, and Disabled American Veterans. The agreements shall detail the scope of activities and funding provided by the United States Olympic Committee to the partner. ``(d) Use of Funds.--(1) The United States Olympic Committee, with the assistance and cooperation of the Secretary and the heads of other appropriate Federal and State departments and agencies and partnerships referred to in subsection (c)(2), shall use a grant under this section to recruit, support, encourage, schedule, facilitate, supervise, and implement the activities described in paragraph (3) for disabled veterans and disabled members of the Armed Forces either directly or by supporting a program described in paragraph (2). ``(2) A program described in this paragraph is a sport program that-- ``(A) promotes basic physical activity, games, recreation, training, and competition; ``(B) is approved by the Secretary; and ``(C)(i) provides services and activities described in paragraph (3) for disabled veterans and disabled members of the Armed Forces; and ``(ii) may also provide services and activities described in paragraph (3) for individuals with disabilities who are not veterans or members of the Armed Forces, or both; except that funds made available to carry out this section may not be used to support those individuals with disabilities who are not veterans or members of the Armed Forces. ``(3) Activities described in this paragraph are-- ``(A) instruction, participation, and competition in Paralympic sports; ``(B) training and technical assistance to program administrators, coaches, recreational therapists, instructors, Department employees, and other appropriate individuals; and ``(C) coordination, Paralympic classification of athletes, athlete assessment, sport-specific training techniques, program development (including programs at the local level), program- specific medical and personal care support, sports equipment, supplies, program evaluation, and other activities related to the implementation and operation of the program. ``(4) A grant made under this section may include, at the discretion of the Secretary, an amount for administrative expenses, but not to exceed ten percent of the amount of the grant. ``(5) Funds made available by the United States Olympic Committee to a grantee under subsection (c) may include an amount for administrative expenses, but not to exceed ten percent of the amount of such funds. ``(e) Outreach Requirement.--The Secretary shall conduct an outreach campaign to inform all eligible veterans and separating members of the Armed Forces with physical disabilities about the existence of the Paralympic Program and shall provide for, facilitate, and encourage participation of such veterans and separating servicemembers in programs under this section to the extent possible. ``(f) Coordination.--The Secretary shall ensure access to and use of appropriate Department facilities by disabled veterans and disabled members of the Armed Forces participating in the Paralympic Program to the maximum extent possible and to the extent that such access and use does not adversely affect any other assistance provided to veterans. ``(g) Authorization of Appropriations.--There is authorized to be appropriated $8,000,000 annually to carry out this section. ``(h) Separate Accounting.--The Department shall have a separate line item in budget proposals of the Department for funds to be appropriated to carry out this section. Funds appropriated to carry out this section shall not be commingled with any other funds appropriated to the Department. ``(i) Limitation on Use of Funds.--Except as provided in subsections (d)(4) and (d)(5), funds appropriated to carry out this section may not be used to support or provide services to individuals who are not disabled veterans or disabled members of the Armed Forces.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 521 the following new item: ``521A. Assistance for United States Olympic Committee Paralympic Program.''. (c) Deadline for Memorandum of Understanding.--The Secretary of Veterans Affairs may not award a grant under section 521A of title 38, United States Code, as added by subsection (a), until the United States Olympic Committee has entered into a memorandum of understanding or cooperative agreement with the Secretary regarding implementation of the Paralympic Program. Such agreement shall be concluded not later than 180 days after the date of the enactment of this Act. SEC. 4. DEPARTMENT OF VETERANS AFFAIRS OFFICE OF NATIONAL VETERANS SPORTS PROGRAMS AND SPECIAL EVENTS. (a) Establishment of Office of National Veterans Sports Programs and Special Events.--Chapter 3 of title 38, United States Code, is amended by adding at the end the following: ``Sec. 321. Office of National Veterans Sports Programs and Special Events ``(a) Establishment.--There is in the Department an Office of National Veterans Sports Programs and Special Events. There is at the head of the Office a Director, who shall report directly to the Assistant Secretary for Public and Intergovernmental Affairs of the Department. ``(b) Responsibilities of Director.--Subject to the direction of the Secretary, the Director-- ``(1) shall establish and carry out qualifying programs and events; ``(2) may provide for sponsorship by the Department of qualifying programs and events; ``(3) may provide for, facilitate, and encourage participation by disabled veterans in qualifying programs and events; and ``(4) shall cooperate with the United States Olympic Committee and its subsidiaries to promote the participation of disabled veterans and disabled members of the Armed Forces in sporting events sponsored by the United States Olympic Committee and its subsidiaries. ``(c) Qualifying Program or Event.--For purposes of this section, a qualifying program or event is a sports program or other event in which disabled veterans and disabled members of the Armed Forces participate and that is approved by the Secretary as being consistent with the goals and missions of the Department. ``(d) Monthly Assistance Allowance.--(1) The Director may provide a monthly assistance allowance to a veteran with a disability invited by the United States Olympic Committee to compete for a slot on, or selected for, the Paralympic Team for any month in which the veteran is training or competing in any event sanctioned by the United States Olympic Committee or who is residing at a United States Olympic Committee training center. ``(2) The amount of the monthly assistance payable to a veteran under paragraph (1) shall be equal to the monthly amount of subsistence allowance that would be payable to the veteran under chapter 31 of this title if the veteran were eligible for and entitled to rehabilitation under such chapter. ``(3) Any amount of assistance paid to a veteran under this subsection shall be in addition to any other assistance available to the veteran under any other provision of law. ``(4) There is authorized to be appropriated to carry out this subsection $2,000,000 for fiscal year 2009 and thereafter. ``(e) Limitation on Statutory Construction.--Nothing in this section shall be construed as a limitation on current disabled sports and special events supported by the Department.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by adding at the end the following new item: ``321. Office of National Veterans Sports Programs and Special Events.''. (c) Responsibilities of Under Secretary for Health.--The Secretary of Veterans Affairs shall direct the Under Secretary for Health of the Department of Veterans Affairs-- (1) to make available, to the maximum extent possible, recreational therapists, physical therapists, and other medical staff to facilitate participation of veterans in sporting events conducted under the auspices of the United States Olympic Committee; (2) to allow such personnel to participate in the United States Olympic Committee Paralympic Program without requiring the use of personal leave; and (3) to support other similar activities or events as those described in this section and determined to be appropriate by the Secretary.	United States Olympic Committee Paralympic Program Act of 2008 - Authorizes the Secretary of Veterans Affairs to make grants to the U.S. Olympic Committee (USOC) to plan, develop, manage, and implement the Paralympic Program for disabled veterans and disabled members of the Armed Forces. Directs the USOC to use a grant to recruit, support, encourage, schedule, facilitate, supervise, and implement paralympic instruction, participation, and competition activities, training and technical assistance, and coordination, program development, and other specified activities for veterans and members of the Armed Forces with physical disabilities. Sets forth outreach, coordination, application, and memorandum of understanding requirements. Establishes in the Department of Veterans Affairs (VA) an Office of National Veterans Sports Programs and Special Events to establish, carry out, and provide for VA sponsorship of and participation by disabled veterans in qualifying programs and events. Authorizes the Office Director to provide a monthly assistance allowance to a disabled veteran invited by the USOC to compete for, or selected for, the Paralympic Team. Requires the Secretary to direct the Under Secretary for Health of the VA to: (1) make available recreational and physical therapists and other medical staff to facilitate veteran participation in sporting events conducted under the auspices of the USOC; (2) allow such personnel to participate in the USOC Paralympic Program without requiring the use of personal leave; and (3) support other similar activities or events.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Combined Welfare Administration Act of 1993''. SEC. 2. COMBINED GRANT TO STATE FOR ADMINISTRATIVE COSTS OF AFDC, MEDICAID, AND FOOD STAMP PROGRAMS. (a) In General.--The Secretary of Health and Human Services shall make grants, in accordance with the provisions of this section, to each State for the costs of the necessary and proper administration of its State plan for aid to families with dependent children approved under part A of title IV of the Social Security Act, its State plan for medical assistance under title XIX of such Act and its State plan of operation approved (by the Secretary of Agriculture) under the Food Stamp Act of 1977. (b) Source of Funds.--Grants to States under subsection (a) shall be made from amounts appropriated to carry out this Act, or from funds made available for such purpose-- (1) by the Secretary of Health and Human Services pursuant to part A of title IV, or title XIX, of the Social Security Act; or (2) by the Secretary of Agriculture pursuant to the Food Stamp Act of 1977. (c) Establishment of Single Fund.--Amounts made available pursuant to subsection (b) shall be combined in a single fund account established by the Secretary of the Treasury for the administration of this Act by the Secretary of Health and Human Services. SEC. 3. ELIMINATION OF ENHANCED FEDERAL PAYMENTS FOR STATE ADMINISTRATIVE ACTIVITIES UNDER AFDC, MEDICAID, AND FOOD STAMPS. (a) AFDC.-- (1) In general.--Section 403(a)(3) of the Social Security Act (42 U.S.C. 603(a)(3)) is amended to read as follows: ``(3) in the case of any State, an amount equal to 50 percent of the total amounts expended during such quarter as found necessary by the Secretary for the proper and efficient administration of the State plan;''. (2) Conforming amendments.--(A) Section 402(e) of such Act (42 U.S.C. 602(e)) is amended-- (i) by striking ``(e)(1)'' and inserting ``(e)''; and (ii) by striking paragraph (2). (B) Part A of title IV of such Act (42 U.S.C. 601 et seq.) is amended by striking section 413. (b) Medicaid.-- (1) In general.--Section 1903(a) of the Social Security Act (42 U.S.C. 1396b(a)) is amended-- (A) by striking paragraphs (2), (3), (4), and (6); (B) in paragraph (5), by adding ``plus'' at the end; and (C) by redesignating paragraphs (5) and (7) as paragraphs (2) and (3). (2) Conforming amendments.--(A) Section 1158 of such Act (42 U.S.C. 1320c-7) is amended-- (i) by striking ``(a) A State plan'' and inserting ``A State plan''; and (ii) by striking subsection (b). (B) Section 1902(a)(25)(A)(ii) of such Act (42 U.S.C. 1396a(a)(25)(A)(ii)) is amended by striking ``shall--'' and all that follows and inserting the following: ``shall be integrated with a mechanized claims processing and information retrieval system;''. (C) Section 1903 of such Act (42 U.S.C. 1396b) is amended by striking subsections (b)(3) and (r). (D) Section 1903(w) of such Act (42 U.S.C. 1396b(w)) is amended-- (i) in paragraph (1)(B), by striking ``subsection (a)(7)'' and inserting ``subsection (a)(3)''; and (ii) by striking ``paragraphs (2), (3), (4), (6), and (7)'' each place it appears in paragraphs (1)(B) and (2)(A)(iii) and inserting ``paragraph (3)''. (E) Section 1919 of such Act (42 U.S.C. 1396r) is amended-- (i) in subsection (g)(3)(C), by striking ``1903(a)(2)(D)'' and inserting ``1903(a)(3)''; and (ii) by striking ``1903(a)(7)'' each place it appears in subsections (h)(2)(E) and (h)(2)(F) and inserting ``1903(a)(3)''. (c) Food Stamp Program.-- (1) In general.--Section 16(a) of the Food Stamp Act of 1977 (7 U.S.C. 2025(a)) is amended by striking ``: Provided, That the Secretary'' and all that follows through the end and inserting a period. (2) Conforming amendments.--(A) Section 16(c)(1) of such Act (7 U.S.C. 2025(c)(1)) is amended-- (i) in the matter preceding subparagraph (A), by striking ``and provide'' and all that follows through ``error rates''; (ii) in subparagraph (B), by striking ``other than those receiving adjustments under subparagraph (A)''; (iii) in subparagraph (C), by striking ``subparagraph (B)'' and inserting ``subparagraph (A)''; and (iv) by striking subparagraph (A) and redesignating subparagraphs (B) and (C) as subparagraphs (A) and (B). (B) Section 16(c)(5) of such Act (7 U.S.C. 2025(c)(5)) is amended-- (i) by striking ``either incentive payments under paragraph (1)(A) or''; and (ii) by striking ``paragraph (1)(C)'' each place it appears and inserting ``paragraph (1)(B)''. (C) Section 16(c)(6) of such Act (7 U.S.C. 2025(c)(6)) is amended-- (i) by striking ``and incentive payments'' and all that follows through ``(1)(C)'' and inserting ``and claims pursuant to paragraph (1)''; and (ii) by striking ``paragraph (1)(C)'' and inserting ``paragraph (1)(B)''. (D) Section 16(c)(7) of such Act (7 U.S.C. 2025(c)(7)) is amended by striking ``paragraph (1)(C)'' and inserting ``paragraph (1)(B)''. (E) Section 16 of such Act (7 U.S.C. 2025(c)) is amended by striking subsections (g) and (j). (F) Section 23(a)(1) of such Act (7 U.S.C. 2032(a)(1)) is amended-- (i) in paragraph (1)(C), by striking ``either section 16(a) or 16(g)'' and inserting ``section 16(a)''; and (ii) by striking subparagraph (E). SEC. 4. ALLOTMENT AND PAYMENT OF FUNDS UNDER GRANT PROGRAM. (a) In General.-- (1) Basis for payments in initial year of applicability.-- The total amount payable to a State under this Act for fiscal year 1994 shall be that amount which bears the same ratio to the amount available pursuant to section 2 for that year as the allowable administrative amounts determined to be payable to such State for the last two quarters in fiscal year 1993 and the first two quarters in fiscal year 1994 (as defined in subsection (b), and subject to the limitation in subsection (c)) bear to the total of such amounts for all States. (2) Payments in subsequent years.--The total amount payable to a State under this Act for each subsequent fiscal year shall be the amount payable to the State under this subsection in the preceding year increased by the percentage increase in the consumer price index for all urban consumers (U.S. city average) for the 12-month period ending with June of the previous year. (3) Timing; frequency.--Payments under this section shall be made in accordance with section 203 of the Intergovernmental Cooperation Act of 1968 from amounts determined to be available to the State under paragraph (1), and payments shall be made at the same time and in the same frequency as the Secretary determines appropriate for making payments under section 403(b)(3) or section 1903(d)(2) of the Social Security Act. (b) Allowable Administrative Amounts Defined.-- (1) In general.--For purposes of subsection (a)(1), the term ``allowable administrative amount'' means (subject to paragraphs (2) and (3)), with respect to a State, the amounts determined to be payable to a State for the quarter specified is equal to the sum of-- (A) payments to the State under section 403(a)(3) of the Social Security Act (excluding any amounts determined under section 403(a)(3)(B) of such Act); (B) payments to the State under paragraphs (2), (3), (4), and (6) of section 1903(a) of such Act (excluding amounts paid for the activities described in paragraph (3)(A) of such section); and (C) payments to the State under section 16(a) of the Food Stamp Act of 1977 (excluding amounts retained by a State under such section because of its collection or recovery activities, and without regard to any adjustment under section 16(c) of such Act or any amounts paid under such section for the cost of investigations or prosecutions, or the cost of administering the food stamp program on all or part of an Indian reservation). (2) Limitation.--For purposes of paragraph (1), in determining the amount of payments to a State for a fiscal year, the State's expenditures shall be considered only if amounts have been transferred for grants under this Act for such year from sums otherwise available (but for such transfer) for administrative costs under title IV or title XIX of the Social Security Act or under the Food Stamp Act of 1977. (3) Elimination of enhanced administrative payments in determining amount of grants.--In carrying out this subsection, the Secretary shall apply the Social Security Act and the Food Stamp Act of 1977 as if the amendments to those Acts made by section 3 had been in effect for quarters beginning during 1993. (c) Treatment of Amounts in Dispute.--In the event that there is a dispute between a State and the Secretary (or the Secretary of Agriculture) with respect to any such claim for payment which, if approved, would be included in computing the State's allotment under subsection (a), the amount in dispute shall not be included for purposes of making allotments under such subsection for any year prior to the first year beginning after the dispute is resolved. SEC. 5. REPORT ON INTENDED USE OF FUNDS AND ACTIVITIES; AUDIT. (a) Report by State.--Each State desiring to receive an allotment for any fiscal year under this Act shall prepare a report on the intended use of such allotment. Such report shall describe in general terms of goals to be achieved and classes of administrative expenditures for which funds received under the grant will be used. The report shall assure that fiscal control and fund accounting procedures will be established that are adequate to meet the requirements of subsection (b). The report (for the second and subsequent years for which an allotment is sought under this Act) shall also include a description of the State's activities under the Act in the fiscal year preceding the year for which such report is prepared and the extent to which the goals it identified in the report for such preceding year were achieved. The report shall be made public within the State on a timely basis and in such manner as to facilitate review by and comments from interested persons and local governments on its content, and a copy of the report will be provided to the Secretary. (b) Audits.--Each State receiving a grant under this Act shall biennially conduct a financial and compliance audit of its expenditures from such grants. Such State audits shall be conducted by an entity independent of any State agency administering activities carried out under this subsection, and in accordance with the Comptroller General's standards for auditing governmental organizations, programs, activities, and functions. The State shall also make copies of the audit available for public inspection within the State. SEC. 6. INAPPLICABILITY OF SINGLE STATE AGENCY REQUIREMENTS UNDER OTHER ACTS. Notwithstanding any other provision of the Social Security Act or of the Food Stamp Act of 1977, a State plan approved under part A of title IV of the Social Security Act, under title XIX of such Act, or a State plan of operation required by section 11(d) of the Food Stamp Act of 1977, shall not be regarded as failing to comply with applicable requirements under such provisions solely because the agency administering the grant provided under this Act is not the same State agency otherwise responsible for the administration of such State plan. SEC. 7. CONFORMING AMENDMENTS. (a) AFDC.--Section 403(a)(3) of the Social Security Act (42 U.S.C. 603(a)(3)) is amended by striking ``plan--'' and inserting ``plan (except to the extent that payment is made to the State for expenditures under this part during quarters in the fiscal year under the Combined Welfare Administration Act of 1993)--''. (b) Medicaid.--Section 1903(a)(3) of the Social Security Act (42 U.S.C. 1396b(a)(3)) is amended by striking ``(3)'' and inserting ``(3) except to the extent that payment is made to the State for expenditures under this title during quarters in the fiscal year under the Combined Welfare Administration Act of 1993,''. (c) Food Stamp Program.--Section 16 of the Food Stamp Act of 1977 (7 U.S.C. 2025) is amended by adding at the end the following new subsection: ``(j) Payments to a State under this section for quarters in a fiscal year shall be reduced to the extent that payment is made to the State for activities under this Act during quarters in the fiscal year under the Combined Welfare Administration Act of 1993.''. SEC. 8. DEFINITIONS. In this Act-- (1) except as otherwise provided, the term ``Secretary'' means the Secretary of Health and Human Services; and (2) the term ``State'' means each of the several States and the District of Columbia. SEC. 9. EFFECTIVE DATE. This Act shall apply to payments to States under part B of title IV of the Social Security Act, title XIX of the Social Security Act, and the Food Stamp Act of 1977 for quarters in fiscal years beginning after fiscal year 1993.	Combined Welfare Administration Act of 1993 - Authorizes the Secretary of Health and Human Services to make a combined grant to States for administrative costs necessary to carry out the Aid to Families with Dependent Children program under part A of title IV of the Social Security Act, the Medicaid program under title XIX of the Social Security Act, and the Food Stamp program. Eliminates enhanced Federal payments for State administrative activities under such programs. Provides for allotment and payment of funds under such grant program, as well as State reports on the intended use of such allotments. Sets forth audit requirements.
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``No Funds for Cyber Coordination with Russia Act of 2017''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. Sec. 3. Purpose. Sec. 4. Findings. Sec. 5. Funding prohibition. Sec. 6. Sense of Congress. Sec. 7. Termination. SEC. 2. DEFINITIONS. In this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Rules and Administration, the Committee on Foreign Relations, the Committee on Armed Services, the Committee on Homeland Security and Governmental Affairs, the Committee on Appropriations, and the Select Committee on Intelligence of the Senate; and (B) the Committee on Foreign Affairs, the Committee on House Administration, the Committee on Armed Services, the Committee on Homeland Security, the Committee on Appropriations, and the Permanent Select Committee on Intelligence of the House of Representatives. (2) Cybersecurity.--The term ``cybersecurity'' means the protection or defense of cyberspace from cyberattacks. (3) Cybersecurity unit.--The term ``cybersecurity unit'' means any organization or entity established for the purpose of cybersecurity. (4) Cyberspace.--The term ``cyberspace'' means the global domain within the information environment consisting of the interdependent network of information systems infrastructures (including the Internet, telecommunications networks, computer systems, and embedded processors and controllers). (5) Significant activities undermining cybersecurity.--The term ``significant activities undermining cybersecurity'' includes-- (A) significant efforts-- (i) to deny access to or degrade, disrupt, or destroy an information and communications technology system or network; or (ii) to exfiltrate, degrade, corrupt, destroy, or release information from such a system or network without authorization for purposes of-- (I) conducting influence operations; or (II) causing a significant misappropriation of funds, economic resources, trade secrets, personal identifications, or financial information for commercial or competitive advantage or private financial gain; (B) significant destructive malware attacks; and (C) significant denial of service activities. SEC. 3. PURPOSE. The purpose of this Act is to protect United States cybersecurity and critical infrastructure by preventing the President from establishing a cybersecurity unit in coordination with the Government of the Russian Federation, a known foreign adversary. SEC. 4. FINDINGS. Congress makes the following findings: (1) On January 6, 2017, an assessment of the United States intelligence community entitled, ``Assessing Russian Activities and Intentions in Recent U.S. Elections'' concluded, ``Russian efforts to influence the 2016 US presidential election represent the most recent expression of Moscow's longstanding desire to undermine the US-led liberal democratic order, but these activities demonstrated a significant escalation in directness, level of activity, and scope of effort compared to previous operations.''. The report concluded with high confidence, ``Russian President Vladimir Putin ordered an influence campaign in 2016 aimed at the US presidential election. Russia's goals were to undermine public faith in the US democratic process, denigrate Secretary Clinton, and harm her electability and potential presidency. We further assess Putin and the Russian Government developed a clear preference for President-elect Trump.''. (2) On December 29, 2016, President Barack Obama issued Executive Order 13757, ``Taking Additional Steps To Address The National Emergency With Respect To Significant Malicious Cyber- Enabled Activities''. Executive Order 13757 amended Executive Order 13694, ``Blocking the Property of Certain Persons Engaging in Significant Malicious Cyber-Enabled Activities''. E.O. 13694 authorized sanctions on ``individuals and entities determined to be responsible for or complicit in malicious cyber-enabled activities that result in enumerated harms that are reasonably likely to result in, or have materially contributed to, a significant threat to the national security, foreign policy, or economic health or financial stability of the United States''. E.O. 13757 expanded executive authority to allow for the imposition of sanctions against ``individuals and entities determined to be responsible for tampering, altering, or causing the misappropriation of information with the purpose or effect of interfering with or undermining election processes or institutions''. (3) The Government of the Russian Federation has repeatedly launched cyber-attacks against United States agencies, including the Department of State in November 2014, the Department of Defense in 2015, and the White House computer networks in 2014. (4) On March 15, 2017, the Department of Justice charged Russian Federal Security Service (FSB) officers and criminal coconspirators for hacking Yahoo and the email accounts of millions of United States citizens. (5) On May 8, 2017, former Director of National Intelligence James Clapper testified before the Committee on the Judiciary of the Senate, ``Russia's influence activities in the run-up to the 2016 election constituted the high water mark of their long running efforts since the 1960s to disrupt and influence our elections. They must be congratulating themselves for having exceeded their wildest expectations with a minimal expenditure of resource. And I believe they are now emboldened to continue such activities in the future both here and around the world, and to do so even more intensely. If there has ever been a clarion call for vigilance and action against a threat to the very foundation of our democratic political system, this episode is it.''. (6) On June 7, 2017, former Director of the Federal Bureau of Investigation James Comey testified before the Select Committee on Intelligence of the Senate that the Government of the Russian Federation, ``using technical intrusion, lots of other methods, tried to shape the way we think, we vote, we act. That is a big deal. And people need to recognize it. It's not about Republicans or Democrats. They're coming after America, which I hope we all love equally. They want to undermine our credibility in the face of the world. They think that this great experiment of ours is a threat to them, and so they're going to try to run it down and dirty it up as much as possible.''. (7) On July 9, 2017, President Donald Trump stated, ``I strongly pressed President Putin twice about Russian meddling in our election. He vehemently denied it . . . now it is time to move forward in working constructively with Russia! Putin & I discussed forming an impenetrable Cyber Security unit so that election hacking, & many other negative things, will be guarded''. SEC. 5. FUNDING PROHIBITION. No Federal funds may be used to establish a cybersecurity unit, or any variation thereof, in cooperation or connection with the Government of the Russian Federation. SEC. 6. SENSE OF CONGRESS. It is the sense of Congress that-- (1) the President should publicly endorse the assessment of the United States Armed Forces and the intelligence community that the Government of the Russian Federation interfered in the 2016 election and take appropriate measures to deter such activities in the future; (2) the President must not use taxpayer funds to engage in cyber coordination with the Government of the Russian Federation, a foreign adversary; and (3) the President should work with Congress to establish a non-partisan, independent commission of experts to determine, examine, and report on the facts regarding the extent of Russian official and unofficial cyber operations and other attempts to interfere in the 2016 United States national election. SEC. 7. TERMINATION. The prohibitions under this Act shall terminate on the date the President submits to the appropriate congressional committees a written certification that the Government of the Russian Federation has-- (1) ceased ordering, controlling, or otherwise directing, supporting, or financing acts intended to undermine democracies around the world; and (2) submitted a written statement acknowledging interference in the 2016 United States Presidential election.	No Funds for Cyber Coordination with Russia Act of 2017 This bill prohibits federal funds from being used to establish a cyber security unit in cooperation with the government of the Russian Federation. It is the sense of Congress that the President: (1) should publicly endorse the assessment of the Armed Forces and the intelligence community that the Russian government interfered in the 2016 election and take measures to deter such future activities; (2) must not use taxpayer funds to engage in cyber coordination with the Russian government, a foreign adversary; and (3) should work with Congress to establish a non-partisan commission of experts to report on Russian cyber operations and other attempts to interfere in the 2016 election.
SECTION 1. EXTENSION AND MODIFICATION OF NEW QUALIFIED HYBRID MOTOR VEHICLE CREDIT. (a) Extension.--Paragraph (3) of section 30B(k) of the Internal Revenue Code of 1986 is amended by striking ``December 31, 2009'' and inserting ``December 31, 2014''. (b) Qualified Incremental Hybrid Cost.--Clause (iii) of section 30B(d)(2)(B) of the Internal Revenue Code of 1986 is amended by striking ``does not exceed--'' and all that follows and inserting the following: ``does not exceed-- ``(I) $15,000, if such vehicle has a gross vehicle weight rating of not more than 14,000 pounds; ``(II) $30,000, if such vehicle has a gross vehicle weight rating of more than 14,000 pounds but not more than 26,000 pounds; ``(III) $60,000, if such vehicle has a gross vehicle weight rating of more than 26,000 pounds but not more than 33,000 pounds; and ``(IV) $100,000, if such vehicle has a gross vehicle weight rating more than 33,000 pounds.''. (c) Applicable Percentage for Heavy Trucks Achieving 20 Percent Increase in City Fuel Economy.--Clause (ii) of section 30B(d)(2)(B) of the Internal Revenue Code of 1986 is amended by redesignating subclauses (I), (II), and (III) as subclauses (II), (III), and (IV), respectively, and by inserting before subclause (II) (as so redesignated) the following new subclause: ``(I) 10 percent in the case of a vehicle to which clause (iii)(IV) applies if such vehicle achieves an increase in city fuel economy relative to a comparable vehicle of at least 20 percent but less than 30 percent.''. (d) Dollar Limitation.--Subparagraph (B) of section 30B(d)(2) of the Internal Revenue Code of 1986 is amended by adding at the end the following new clause: ``(vi) Limitation.--The amount allowed as a credit under subsection (a)(3) with respect to a vehicle by reason of clause (i) of this subparagraph shall not exceed $24,000.''. (e) Heavy Electric Vehicles.--Paragraph (3) of section 30B(d) of the Internal Revenue Code of 1986 is amended by redesignating subparagraphs (B), (C), and (D) as subparagraphs (C), (D), and (E), respectively, and by inserting after subparagraph (A) the following new subparagraphs: ``(B) Heavy electric vehicles.--In the case of a vehicle with a gross vehicle weight rating of not less than 8,500 pounds, the term `new qualified hybrid motor vehicle' includes a motor vehicle-- ``(i) which draws propulsion energy exclusively from a rechargeable energy storage system; and ``(ii) which meets the requirements of clauses (iii), (v), (vi), and (vii) of subparagraph (A).''. (f) Credits May Be Transferred.--Subsection (d) of section 30B of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(4) Transferability of credit.-- ``(A) In general.--A taxpayer who places in service any vehicle may transfer the credit allowed under this subsection with respect to such vehicle through an assignment to the seller of such vehicle. Such transfer may be revoked only with the consent of the Secretary. ``(B) Regulations.--The Secretary shall prescribe such regulations as necessary to ensure that any credit transferred under subparagraph (A) is claimed once and not reassigned by such other person.''. (g) Effective Date.--The amendments made by this section shall apply to vehicles acquired after December 31, 2009. SEC. 2. EXTENSION OF ALTERNATIVE FUEL VEHICLE REFUELING PROPERTY CREDIT. (a) In General.--Paragraph (2) of section 30C(g) of the Internal Revenue Code of 1986 is amended by striking ``2010'' and inserting ``2013''. (b) Extension of Increased Credit.--Paragraph (6) of section 30C(e) of the Internal Revenue Code of 1986 is amended-- (1) by striking ``2011'' and inserting ``2014''; and (2) by striking ``2009 and 2010'' in the heading and inserting ``2009 through 2013''. (c) Definition of Alternative Fuel Vehicle Refueling Property in the Case of Electricity.--Subparagraph (B) of section 179A(d)(3) of the Internal Revenue Code of 1986 is amended to read as follows: ``(B) for the recharging of motor vehicles propelled by electricity, including electrical panel upgrades, wiring, conduit, trenching, pedestals, and related equipment.''. (d) Effective Date.--The amendments made by this section shall apply to property placed in service after the date of the enactment of this Act. SEC. 3. TAX CREDIT FOR ELECTRIFICATION TECHNOLOGIES TO REDUCE TRUCK IDLING. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business-related credits) is amended by adding at the end the following new section: ``SEC. 45R. IDLING REDUCTION CREDIT. ``(a) General Rule.--For purposes of section 38, the idling reduction tax credit determined under this section for the taxable year is an amount equal to 50 percent of the amount paid or incurred for the purchase and installation of each qualifying idling reduction device or qualifying idle reduction infrastructure placed in service by the taxpayer during the taxable year. ``(b) Limitation.--The maximum amount allowed as a credit under subsection (a) shall not exceed $3,500 per device or per qualifying infrastructure. ``(c) Definitions.--For purposes of subsection (a)-- ``(1) Qualifying idling reduction device.--The term `qualifying idling reduction device' means any device or system of devices which-- ``(A) is installed on a heavy-duty diesel powered on-highway vehicle; ``(B) is designed to provide to such vehicle those services (such as heat, air conditioning, or electricity) that would otherwise require the operation of the main drive engine while the vehicle is temporarily parked or remains stationary using either-- ``(i) an all electric unit, such as a battery powered unit or from grid-supplied electricity; or ``(ii) a dual fuel unit powered by diesel or other fuels, and capable of providing such services from grid-supplied electricity or on- truck batteries alone; ``(C) the original use of which commences with the taxpayer; ``(D) is acquired for use by the taxpayer; and ``(E) is certified by the Secretary of Energy, in consultation with the Administrator of the Environmental Protection Agency and the Secretary of Transportation, to reduce long-duration idling of such vehicle at a motor vehicle rest stop or other location where such vehicles are temporarily parked or remain stationary. ``(2) Heavy-duty diesel-powered on-highway vehicle.--The term `heavy-duty diesel-powered on-highway vehicle' means any vehicle, machine, tractor, trailer, or semi-trailer propelled or drawn by mechanical power and used upon the highways in the transportation of passengers or property, or any combination thereof determined by the Federal Highway Administration. ``(3) Long duration idling.--The term `long duration idling' means the operation of a main drive engine, for a period greater than 15 consecutive minutes, where the main drive engine is not engaged in gear. Such term does not apply to routine stoppages associated with traffic movement or congestion. ``(4) Qualifying idle reduction infrastructure.--The term `qualifying idle reduction infrastructure' means off-truck equipment-- ``(A) which is to be used exclusively with respect to vehicles with a gross vehicle weight rating of 14,000 pounds or greater; and ``(B) which either-- ``(i) is used to supply electric power, including electric receptacles, boxes, wiring, conduit, and other connections to one truck space; or ``(ii) directly provides air conditioning, heating, electric power, and other connections and services to one truck space. ``(d) No Double Benefit.--For purposes of this section-- ``(1) Reduction in basis.--If a credit is determined under this section with respect to any property by reason of expenditures described in subsection (a), the basis of such property shall be reduced by the amount of the credit so determined. ``(2) Other deductions and credits.--No deduction or credit shall be allowed under any other provision of this chapter with respect to the amount of the credit determined under this section. ``(e) Election Not To Claim Credit.--This section shall not apply to a taxpayer for any taxable year if such taxpayer elects to have this section not apply for such taxable year. ``(f) Termination.--This section shall not apply to any property placed in service after December 31, 2013.''. (b) Credit To Be Part of General Business Credit.--Subsection (b) of section 38 of the Internal Revenue Code of 1986 (relating to general business credit) is amended by striking ``plus'' at the end of paragraph (34), by striking the period at the end of paragraph (35) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(36) the idling reduction tax credit determined under section 45R(a).''. (c) Conforming Amendments.-- (1) The table of sections for subpart D 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 45P the following new item: ``Sec. 45R. Idling reduction credit.''. (2) 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: ``(38) in the case of a facility with respect to which a credit was allowed under section 45R, to the extent provided in section 45R(d)(1).''. (3) Section 6501(m) of such Code is amended by inserting ``45R(e),'' after ``45H(g),''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2009. (e) Determination of Certification Standards by Secretary of Energy for Certifying Idling Reduction Devices.--Not later than 6 months after the date of the enactment of this Act and in order to reduce air pollution and fuel consumption, the Secretary of Energy, in consultation with the Administrator of the Environmental Protection Agency and the Secretary of Transportation, shall publish the standards under which the Secretary, in consultation with the Administrator of the Environmental Protection Agency and the Secretary of Transportation, will, for purposes of section 45R of the Internal Revenue Code of 1986 (as added by this section), certify the idling reduction devices and idling reduction infrastructure which will reduce long duration idling of vehicles at motor vehicle rest stops or other locations where such vehicles are temporarily parked or remain stationary in order to reduce air pollution and fuel consumption.	Amends the Internal Revenue Code to: (1) increase and extend through 2014 the tax credit for new qualified hybrid motor vehicles; (2) allow such credit for certain fuel-efficient heavy trucks and heavy electric vehicles; (3) extend through 2013 tax credits for alternative fuel vehicle refueling property expenditures; (4) expand the definition of refueling property for electric motor vehicles to include panel upgrades, wiring, conduit, trenching, pedestals, and related equipment; and (5) allow a new tax credit, through 2013, for 50% of the cost, up to $3,500, for electric idling reduction devices installed on heavy-duty diesel powered on-highway vehicles. Directs the Secretary of Energy to publish standards for certifying idling reduction devices.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Consumer Protection Home Inspection Counseling Act of 2007''. SEC. 2. PROGRAM TO TRAIN COUNSELORS TO PROVIDE CONSUMERS WITH VOLUNTARY HOME INSPECTION COUNSELING. (a) Establishment.--The Secretary of Housing and Urban Development (in this Act referred to as the ``Secretary'') shall establish a comprehensive program to train staff of the Department, contractors, individuals, and entities that provide housing counseling under programs authorized, certified, or funded under section 106 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701x) to also provide counseling to consumers on voluntary home inspection. The training program shall include development of a training module to train counselors as well as counseling aids to be used by housing counselors and suitable for distribution to consumers. The training materials shall be written in plain language and shall be comprehensible to untrained consumers with or without ongoing assistance from housing counselors. (b) Content.--At a minimum, the home inspection counseling program established under this section, and the training module and counseling aids developed under this section, shall convey the following information: (1) That a home inspection in connection with purchase of a home is voluntary, but not mandatory. (2) That the Department of Housing and Urban Development recommends that homebuyers obtain a voluntary home inspection. (3) That a home inspection is not required in the case of an FHA loan insured under title II of the National Housing Act (12 U.S.C. 1707 et seq.) and that a home inspection is not performed by FHA. (4) That in most cases, no home inspection will be performed unless the homebuyer requests one. (5) That it is the burden of the homebuyer to arrange for a home inspection if one is requested. (6) That an appraisal is not equivalent to a home inspection. (7) That the homebuyer may be able to make the purchase of a home contingent on the outcome of a home inspection if the seller agrees to such a contingency in the sales contract. (8) That if the homebuyer chooses to obtain a home inspection, it is generally to the homebuyer's benefit to do so as early as possible. (9) That the homebuyer should consider requesting a voluntary home inspection. (c) Mandatory HUD Form.--Individuals and entities that provide housing counseling under programs authorized, certified, or funded under section 106 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701x) shall be instructed to present and explain in person at a counseling session, to each homebuyer who is receiving such counseling, a copy of HUD Form 92564-CN, ``For Your Protection: Get a Home Inspection''. (d) Additional Guidance Materials.--The Secretary shall develop, in consultation with national professional home inspector associations, additional guidance materials to educate housing counselors on how to advise consumers how to locate, interview, and select a professional home inspector, and on how consumers may independently locate, interview, and select a professional home inspector. The Secretary shall require that these materials be made available to counselors providing housing counseling under the programs referred to in subsection (c). SEC. 3. CERTIFICATION OF COUNSELORS. (a) Protocol.--The Secretary shall, in the discretion of the Secretary, develop a new independent protocol, or amend existing protocols, to certify that housing counselors whose activities are authorized, certified, or funded in whole or in part under section 106 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701x) have successfully completed training using the voluntary home inspection training module and counseling aids established and developed pursuant to section 2 of this Act. (b) Standards for Materials and Forms.--The Secretary shall establish standards and requirements for voluntary home inspection counseling materials and forms to be used, as appropriate, by organizations providing voluntary home inspection counseling. Such standards shall conform with the content requirements under section 2(b) of this Act. SEC. 4. HOME INSPECTION COUNSELING REQUIREMENTS. Each person providing counseling for a housing counseling entity authorized, certified, or funded in whole or in part under section 106 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701x) shall be trained through the voluntary home inspection training module established pursuant to section 2(a)of this Act and shall distribute the counseling aids to be developed under such section. Any homeownership counseling program required under, or provided in connection with, any program administered by the Department of Housing and Urban Development shall be provided only by organizations or counselors certified by the Secretary pursuant to this Act as competent to provide voluntary home inspection counseling. The Secretary may withhold, withdraw, or suspend housing counseling certifications for any housing counselor or counseling entity that fails to meet the requirements of this Act. SEC. 5. PUBLIC OUTREACH. (a) In General.--The Secretary shall take such actions as may be necessary to make the existence of the training module and counseling aids developed under section 2 known to State and local governments, nonprofit organizations, consumer organizations, and the general public. The Secretary shall further make the materials generally available for electronic access, including the World Wide Web, and via other means. Such public outreach activities shall include-- (1) the development of a one page, plain-language statement in conspicuous 16-point type or larger, rendered at least in both English and Spanish versions; (2) the development and distribution of national multimedia public service announcements to be made available to print, broadcast, electronic, and web-based media outlets; (3) the development of an advisory statement to mortgage lenders advising them to provide notice of the availability of home inspection counseling at time of mortgage application; and (4) the establishment, operation, and publication by the Department of Housing and Urban Development of a toll-free telephone number to receive requests for information on home inspection counseling. (b) Targets.--The public outreach carried out under this section shall be designed to reach real estate professionals, State and local housing counseling authorities, nonprofit housing organizations, employers who engage in employer-assisted housing programs, community- based organizations with expertise in the field of housing counseling, and high school guidance counselors. (c) Emphasis on Vulnerable Populations.--In carrying out public outreach under this section, the Secretary shall place special emphasis on reaching vulnerable populations, including first-time and low-income homebuyers. SEC. 6. REPORT. Not later than the expiration of the 12-month period beginning upon the date of the enactment of this Act, the Secretary shall submit a report to the Congress describing the actions that have been undertaken to comply with this Act, disclosing the actions that are required under this Act but have not at such time been addressed, assessing the results of this Act that have been achieved at such time, identifying areas for improvement in the implementation of the Act, and making recommendations to enhance implementation of this Act.	Consumer Protection Home Inspection Counseling Act of 2007 - Requires the Secretary of Housing and Urban Development (HUD) to establish a comprehensive program to train HUD staff, contractors, individuals, and entities that provide housing counseling under specified HUD-funded programs also to provide counseling to consumers on voluntary home inspection. Requires the Secretary to develop a new independent protocol, or amend existing protocols, to certify that such housing counselors have successfully completed training using the voluntary home inspection training module and counseling aids established and developed pursuant to this Act. Limits authorized counseling to certified counselors. Directs the Secretary to take necessary action to make such training module and counseling aids known to state and local governments, nonprofit organizations, consumer organizations, and the general public.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Suicide Prevention for American Veterans Act''. SEC. 2. EXTENSION OF ELIGIBILITY FOR DOMICILIARY CARE FOR CERTAIN VETERANS WHO SERVED IN A THEATER OF COMBAT OPERATIONS. Section 1710(e)(3)(A) of title 38, United States Code, is amended by striking ``period of five years'' and inserting ``period of 15 years''. SEC. 3. REVIEW OF CHARACTERIZATION OR TERMS OF DISCHARGE FROM THE ARMED FORCES OF INDIVIDUALS WITH MENTAL HEALTH DISORDERS ALLEGED TO AFFECT TERMS OF DISCHARGE. (a) In General.--The Secretaries of the military departments shall each provide for a process by which a covered individual may challenge the terms or characterization of the individual's discharge or separation from the Armed Forces. (b) Covered Individuals.--For purposes of this section, a covered individual is any individual as follows: (1) An individual who was discharged or separated from the Armed Forces for a personality disorder. (2) An individual who-- (A) was discharged or separated from the Armed Forces on a punitive basis, or under other than honorable conditions; and (B) who alleges that the basis for such discharge or separation was a mental health injury or disorder incurred or aggravated by the individual during service in the Armed Forces. (c) Discharge of Process Through Boards of Corrections of Records.--The Secretary of a military department shall carry out the process required by subsection (a) through boards for the correction of military records of the military department concerned. (d) Considerations on Modification of Terms of Discharge or Separation.--In deciding whether to modify the terms or characterization of an individual's discharge or separation pursuant to the process required by subsection (a), the Secretary of the military department concerned shall instruct boards to give due consideration to any mental health injury or disorder determined to have been incurred or aggravated by the individual during service in the Armed Forces and to what bearing such injury or disorder may have had on the circumstances surrounding the individual's discharge or separation from the Armed Forces. SEC. 4. IMPROVEMENT OF MENTAL HEALTH CARE PROVIDED BY DEPARTMENT OF VETERANS AFFAIRS AND DEPARTMENT OF DEFENSE. (a) Evaluations of Mental Health Care and Suicide Prevention Programs.-- (1) In general.--Not less frequently than once each year, the Secretary concerned shall provide for the conduct of an evaluation of the mental health care and suicide prevention programs carried out under the laws administered by such Secretary. (2) Elements.--Each evaluation conducted under paragraph (1) shall-- (A) use metrics that are common among and useful for practitioners in the field of mental health care and suicide prevention; (B) identify the most effective mental health care and suicide prevention programs conducted by the Secretary concerned; and (C) propose best practices for caring for individuals who suffer from mental health disorders or are at risk of suicide. (3) Third party.--Each evaluation conducted under paragraph (1) shall be conducted by an independent third party unaffiliated with the Department of Veterans Affairs and the Department of Defense. (b) Training of Providers.-- (1) In general.--The Secretary concerned shall train all providers of health care under the laws administered by such Secretary on the following: (A) Recognizing if an individual is at risk of suicide. (B) Treating or referring for treatment an individual who is at risk of suicide. (C) Recognizing the symptoms of posttraumatic stress disorder. (2) Dissemination of best practices.--The Secretary concerned shall ensure that best practices for identifying individuals at risk of suicide and providing quality mental health care are disseminated to providers of health care under the laws administered by such Secretary. (c) Secretary Concerned Defined.--In this section, the term ``Secretary concerned'' means-- (1) the Secretary of Veterans Affairs with respect to matters concerning the Department of Veterans Affairs; and (2) the Secretary of Defense with respect to matters concerning the Department of Defense. SEC. 5. COLLABORATION BETWEEN DEPARTMENT OF VETERANS AFFAIRS AND DEPARTMENT OF DEFENSE ON HEALTH CARE MATTERS. (a) Timeline for Implementing Interoperable Electronic Health Records.-- (1) In general.--Section 1635 of the Wounded Warrior Act (10 U.S.C. 1071 note) is amended by adding at the end the following new subsection: ``(k) Timeline.--In carrying out this section, the Secretary of Defense and the Secretary of Veterans Affairs shall ensure that-- ``(1) the creation of a health data authoritative source by the Department of Defense and the Department of Veterans Affairs that can be accessed by multiple providers and standardizes the input of new medical information is achieved not later than 180 days after the date of the enactment of this subsection; ``(2) the ability of patients of both the Department of Defense and the Department of Veterans Affairs to download the medical records of the patient (commonly referred to as the `Blue Button Initiative') is achieved not later than 180 days after the date of the enactment of this subsection; ``(3) the full interoperability of personal health care information between the Departments is achieved not later than one year after the date of the enactment of this subsection; ``(4) the acceleration of the exchange of real-time data between the Departments is achieved not later than one year after the date of the enactment of this subsection; ``(5) the upgrade of the graphical user interface to display a joint common graphical user interface is achieved not later than one year after the date of the enactment of this subsection; and ``(6) each current member of the Armed Forces and the dependent of such a member may elect to receive an electronic copy of the health care record of the individual beginning not later than June 30, 2015.''. (2) Conforming amendments.--Section 1635 of such Act is further amended-- (A) in subsection (a), by striking ``The Secretary'' and inserting ``In accordance with the timeline described in subsection (k), the Secretary''; and (B) in the matter preceding paragraph (1) of subsection (e), by inserting ``in accordance with subsection (k)'' after ``under this section''. (b) Establishment of Uniform Prescription Formulary.--The Secretary of Veterans Affairs and the Secretary of Defense shall jointly establish a uniform prescription formulary for use in prescribing medication under the laws administered by the Secretary of Veterans Affairs and the laws administered by the Secretary of Defense. SEC. 6. PILOT PROGRAM FOR REPAYMENT OF EDUCATIONAL LOANS FOR CERTAIN PSYCHIATRISTS OF VETERANS HEALTH ADMINISTRATION. (a) Establishment.--The Secretary of Veterans Affairs shall carry out a pilot program to repay loans of individuals described in subsection (b) that-- (1) were used by such individuals to finance education relating to psychiatric medicine, including education leading to-- (A) an undergraduate degree; (B) a degree of doctor of medicine; or (C) a degree of doctor of osteopathy; and (2) were obtained from any of the following: (A) A governmental entity. (B) A private financial institution. (C) A school. (D) Any other authorized entity as determined by the Secretary. (b) Eligible Individuals.-- (1) In general.--Subject to paragraph (2), an individual eligible for participation in the pilot program is an individual who-- (A) either-- (i) is licensed or eligible for licensure to practice psychiatric medicine in the Veterans Health Administration of the Department of Veterans Affairs; or (ii) is enrolled in the final year of a residency program leading to a specialty qualification in psychiatric medicine that is approved by the Accreditation Council for Graduate Medical Education; and (B) demonstrates a commitment to a long-term career as a psychiatrist in the Veterans Health Administration, as determined by the Secretary. (2) Prohibition on simultaneous eligibility.--An individual who is participating in any other program of the Federal Government that repays the educational loans of the individual is not eligible to participate in the pilot program. (c) Selection.--The Secretary shall select not less than 10 individuals described in subsection (b) to participate in the pilot program for each year in which the Secretary carries out the pilot program. (d) Period of Obligated Service.--The Secretary shall enter into an agreement with each individual selected under subsection (c) in which such individual agrees to serve a period of obligated service for the Veterans Health Administration in the field of psychiatric medicine, as determined by the Secretary. (e) Loan Repayments.-- (1) Amounts.--Subject to paragraph (2), a loan repayment under this section may consist of payment of the principal, interest, and related expenses of a loan obtained by an individual who is participating in the pilot program for all educational expenses (including tuition, fees, books, and laboratory expenses) of such individual relating to education described in subsection (a)(1). (2) Limit.--For each year of obligated service that an individual who is participating in the pilot program agrees to serve under subsection (d), the Secretary may pay not more than $60,000 in loan repayment on behalf of such individual. (f) Breach.-- (1) Liability.--An individual who participates in the pilot program and fails to satisfy the period of obligated service under subsection (d) shall be liable to the United States, in lieu of such obligated service, for the amount that has been paid or is payable to or on behalf of the individual under the pilot program, reduced by the proportion that the number of days served for completion of the period of obligated service bears to the total number of days in the period of obligated service of such individual. (2) Repayment period.--Any amount of damages that the United States is entitled to recover under this subsection shall be paid to the United States not later than one year after the date of the breach of the agreement. (g) Report.-- (1) In general.--Not later than 90 days after the date on which the pilot program terminates under subsection (i), the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on the pilot program. (2) Elements.--The report required by paragraph (1) shall include the following: (A) The overall effect of the pilot program on the psychiatric workforce shortage of the Veterans Health Administration. (B) The long-term stability of the psychiatric workforce of the Veterans Health Administration. (C) Strategies of the Veterans Health Administration to improve and increase the ability of the Administration to promote the physical and mental resiliency of all veterans. (h) Regulations.--The Secretary shall prescribe regulations to carry out this section, including standards for qualified loans and authorized payees and other terms and conditions for the making of loan repayments. (i) Termination.--The authority to carry out the pilot program shall expire on the date that is three years after the date on which the Secretary commences the pilot program. SEC. 7. COMPTROLLER GENERAL STUDY ON PAY DISPARITIES OF PSYCHIATRISTS OF VETERANS HEALTH ADMINISTRATION. (a) Study.-- (1) In general.--Not later than one year after the date of the enactment of this Act, the Comptroller General of the United States shall conduct a study of pay disparities among psychiatrists of the Veterans Health Administration of the Department of Veterans Affairs. (2) Elements.--The study required by paragraph (1) shall include the following: (A) An examination of laws, regulations, practices, and policies, including salary flexibilities, that contribute to such disparities. (B) Recommendations for legislative or regulatory action to improve equity in pay among such psychiatrists. (b) Report.--Not later than one year after the date on which the Comptroller General completes the study under subsection (a), the Comptroller General shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report containing the results of the study.	Suicide Prevention for American Veterans Act - Extends from 5 to 15 years the period of eligibility for hospital care, medical services, and nursing home care for veterans who served on active duty in a theater of combat operations after the Persian Gulf War or against a hostile force during a period of hostilities after November 11, 1998. Requires the Secretaries of the military departments to provide a process by which a covered individual may challenge the terms or characterization of his or her discharge or separation from the Armed Forces. Defines "covered individual" as any individual who: (1) was discharged or separated from the Armed Forces for a personality disorder; or (2) was discharged or separated from the Armed Forces on a punitive basis, or under other than honorable conditions, and who alleges that the basis for such discharge or separation was a mental health injury or disorder incurred or aggravated by the individual during service in the Armed Forces. Requires the Secretary of Defense (DOD) and the Secretary of Veteran Affairs (VA) to: (1) conduct an evaluation of mental health care and suicide prevention programs carried out in DOD and VA; (2) train all providers of health care in such Departments on recognizing the risk of suicide, treating or referring for treatment an individual who is at risk of suicide, and recognizing the symptoms of posttraumatic stress disorder; and (3) ensure that best practices for identifying individuals at risk of suicide and for providing quality mental health care are disseminated to providers of health care in such Departments. Amends the Wounded Warrior Act to require the DOD Secretary and the VA Secretary, in implementing electronic health record systems that provide for the full interoperability of personal health care information between the Departments of Defense and Veterans Affairs, to ensure that: (1) a health data authoritative source that can be accessed by multiple providers and that standardizes the input of new medical information is created within 180 days, (2) the ability of patients of both Departments to download their medical records is achieved within 180 days, (3) full interoperability of personal health care information between the Departments is achieved within one year, (4) acceleration of the exchange of real-time data between the Departments is achieved within one year, (5) the upgrade of the graphical user interface to display a joint common graphical user interface is achieved within one year, and (6) current members of the Armed Forces and their dependents may elect to receive an electronic copy of their health care records beginning not later than June 30, 2015. Directs the VA Secretary to carry out a three-year pilot program to repay the educational loans of individuals who: (1) are licensed or eligible for licensure to practice psychiatric medicine in the Veterans Health Administration or are enrolled in the final year of an accredited residency program in psychiatric medicine, and (2) demonstrate a commitment to a long-term career as a psychiatrist in the Veterans Health Administration. Directs the Comptroller General (GAO) to study and report on pay disparities among psychiatrists of the Veterans Health Administration.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Protect America Scholarships Act of 2003''. SEC. 2. GRANTS AUTHORIZED. Part A of title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.) is amended by adding at the end the following: ``Subpart 9--Homeland Security Scholarships ``SEC. 420K. PURPOSES. ``The purposes of this subpart are-- ``(1) to recruit talented young people to professions that are needed to ensure the Nation's homeland security; and ``(2) to make college education more affordable. ``SEC. 420L. DEFINITIONS. ``In this subpart: ``(1) Eligible entity.--The term `eligible entity' means a partnership between-- ``(A) an institution of higher education (or consortium of such institutions); and ``(B) a qualified employer (or consortium of such employers). ``(2) Eligible student.--The term `eligible student' means an individual who-- ``(A)(i) is enrolled as a full- or part-time student at an institution of higher education with a qualified academic major or program; or ``(ii) has been accepted for enrollment at an institution of higher education and intends to major in a qualified academic major or program; ``(B) submits an application for a scholarship under this subpart; and ``(C) submits a written contract, prior to receiving assistance, accepting payment of a scholarship in exchange for providing qualified service. ``(3) Qualified academic major or program.-- ``(A) In general.--The term `qualified academic major or program' means an academic major or program of study designated by the Secretary for each State in an annual notice in the Federal Register that-- ``(i) prepares students in such majors or programs for a career that-- ``(I) is primarily related to homeland security; ``(II) requires specialized expertise; and ``(III) suffers from a critical shortage of qualified personnel; and ``(ii) is a-- ``(I) national priority, as determined by the Secretary in consultation with the Secretary of Homeland Security; or ``(II) State priority, as determined by the chief executive officer in the State in which the student seeking a scholarship under this subpart-- ``(aa) graduated from secondary school; or ``(bb) is enrolled at an institution of higher education. ``(B) Continuation of qualification.--An academic major or program of study designated by the Secretary under subparagraph (A) shall continue to be considered a qualified academic major or program for a student if such academic major or program of study was a qualified academic major or program at the time such student commenced study of such major or program of study. ``(4) Qualified employer.--The term `qualified employer' means-- ``(A) a nonprofit organization; or ``(B) a public agency. ``(5) Qualified service.-- ``(A) In general.--The term `qualified service' means full-time employment with the qualified employer of the eligible entity that awarded the eligible student a scholarship or with another qualified employer (consistent with the guidelines issued by the Secretary pursuant to subparagraph (B)), for a period of 2 years for the first year of a scholarship award and an additional 1 year for each additional year of a scholarship award, in a position that-- ``(i) is primarily related to homeland security; ``(ii) requires specialized expertise related to the qualified academic major or program of the eligible student; and ``(iii) suffers from a critical lack of qualified personnel. ``(B) Service with different employer.--The Secretary shall issue guidelines describing when employment may be completed with a qualified employer who is not the qualified employer of the eligible entity that awarded the eligible student a scholarship. ``SEC. 420M. GRANTS TO ELIGIBLE ENTITIES. ``(a) In General.--From funds appropriated under section 420O, the Secretary shall award grants, on a competitive basis, to eligible entities to enable the entities to award scholarships to eligible students in exchange for qualified service from such students. ``(b) Application.--An eligible entity that desires to receive a grant under this subpart shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. ``(c) Use of Grant Funds.-- ``(1) Scholarship awards.--An eligible entity that receives a grant under this subpart shall award scholarships to eligible students in exchange for qualified service from such students. ``(2) Application form.--An eligible entity that receives a grant under this subpart shall create an application form for a student desiring to receive a scholarship under this subpart, and include in such form a summary of the rights and liabilities of a student whose application is approved (and whose contract is accepted) by the eligible entity. ``(3) Contract.-- ``(A) In general.--An eligible entity that receives a grant under this subpart shall prepare a written contract that shall be provided to a student desiring to receive a scholarship under this subpart at the time that an application is provided to such student. ``(B) Content.--The contract described in subparagraph (A) shall be an agreement between the eligible entity and student that states that, subject to subparagraph (C)-- ``(i) the eligible entity agrees to provide the student with a scholarship, that may be renewed in each year of study at the institution of higher education for a total of not more than 4 years; and ``(ii) the student agrees to-- ``(I)(aa) accept provision of such a scholarship to the student; ``(bb) maintain enrollment in the qualified academic major or program until the student completes the course of study at the institution of higher education; ``(cc) while enrolled in such qualified academic major or program, maintain an acceptable level of academic standing (as determined by the institution of higher education); and ``(dd) provide qualified service; and ``(II) repay the scholarship under the terms of this subpart if the student fails to comply with the requirements of subclause (I). ``(C) Limitation.--The contract described in subparagraph (A) shall contain a provision that any financial obligation of the United States arising out of a contract entered into under this subpart and any obligation of the student which is conditioned thereon, is contingent upon funds being appropriated for scholarships under this subpart. ``(4) Information on scholarship recipients.--An eligible entity that receives a grant under this subpart shall submit a report to the Secretary at the time a scholarship award is provided to an eligible student identifying-- ``(A) such student's name, date of birth, and social security number; and ``(B) the amount of such scholarship. ``(d) Matching Funds.--An eligible entity receiving Federal assistance under this subpart shall contribute non-Federal matching funds in an amount equal to 50 percent of the amount of Federal assistance. ``(e) Duration of Grant.--Grants awarded under this subpart shall be for a term of 5 years. ``SEC. 420N. SCHOLARSHIPS. ``(a) Submission of Application and Written Contract.--A student that desires to receive a scholarship under this subpart shall submit an application and written contract to an eligible entity at such time, in such manner, and containing such information as the eligible entity may require. ``(b) Payment.-- ``(1) In general.--Subject to paragraph (2), a scholarship provided to an eligible student under this subpart for a school year shall consist of payment to, or (in accordance with paragraph (3)) on behalf of, the eligible student of the amount of the tuition and fees, described in section 472(1), of the eligible student in such school year. ``(2) Maximum scholarship amount.--A scholarship awarded under this subpart during fiscal year 2004 shall not exceed $10,000. The Secretary shall determine the maximum scholarship amount for each succeeding fiscal year after adjusting for inflation. ``(3) Contract.--The Secretary may contract with an institution of higher education, in which an eligible student is enrolled, for the payment to the institution of higher education of the amounts of tuition and fees described in paragraph (1). ``(c) Verification of Qualified Service.-- ``(1) Documentation.---- ``(A) From eligible student.--An eligible student that receives a scholarship under this subpart shall submit documentation to the eligible entity that awarded the student the scholarship, under standards and procedures determined by the eligible entity, verifying that the student has completed such student's qualified service. ``(B) From eligible entity.--An eligible entity that receives a grant under this subpart shall submit documentation to the Secretary by a date specified by the Secretary and under standards and procedures determined by the Secretary, verifying that each eligible student awarded a scholarship under this subpart has completed such student's qualified service. ``(2) Role of secretary.--If the Secretary does not receive satisfactory documentation under paragraph (1)(B) by the date specified by the Secretary, then the Secretary shall collect the scholarship amount determined under paragraph (3) as a loan under the terms and conditions for repayment of loans under part B (including provisions under such part that provide for loan repayment over time). ``(3) Breach of agreement.--Subject to paragraph (4), if an eligible student receives a scholarship under this subpart and agrees to provide qualified service in consideration for receipt of the scholarship, the eligible student is liable to the Federal Government for the amount of such award, for interest on such amount at the rate applicable at the time of noncompliance for Stafford loans under section 427A, and for reasonable collections costs, if the eligible student fails to submit the documentation required under paragraph (1)(A). ``(4) Waiver or suspension of liability.--The Secretary shall waive liability under paragraph (3) if-- ``(A) the student subsequently demonstrates that such student has provided qualified service; ``(B) the student suffers death or permanent and total disability; ``(C) the student is unable to complete the program in which such student was enrolled due to the closure of the institution of higher education; or ``(D) the Secretary determines that compliance by the student with the agreement involved is impossible or would involve extreme hardship to such student. ``(5) Amounts to remain available.--Any amounts collected by the Secretary under this subsection shall remain available for grant awards under this subpart. ``(d) Tax-Free.--The amount of any scholarship that is received under this subpart shall not, consistent with section 108(f) of the Internal Revenue Code of 1986, be treated as gross income for Federal income tax purposes. ``SEC. 420O. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated to carry out this subpart-- ``(1) $50,000,000 for fiscal year 2004; ``(2) $100,000,000 for fiscal year 2005; ``(3) $150,000,000 for fiscal year 2006; and ``(4) such sums as may be necessary for each of fiscal years 2007 and 2008.''.	Protect America Scholarships Act of 2003 - Amends the Higher Education Act of 1965 to provide grants for homeland security scholarships.Directs the Secretary of Education to award competitive grants to partnerships of institutions of higher education and qualified employers (nonprofit organizations or public agencies) to enable such partnerships to award scholarships to students who are in qualified academic majors or programs relating to homeland security, in exchange for such students' later performing full-time qualified homeland security service with such employers.
SECTION 1. CONGRESSIONAL ADMINISTRATION OF THE OATH OF ALLEGIANCE. (a) Naturalization Authority.--Section 310(b) of the Immigration and Nationality Act (8 U.S.C. 1421(b)) is amended-- (1) in the subsection heading, by striking ``Court Authority'' and inserting ``Authority''; (2) in paragraph (1)(A)-- (A) by inserting ``, by a Member of, or Delegate or Resident Commissioner to, the Congress,'' before ``or by an eligible court''; and (B) by adding at the end the following: ``A Senator shall have the authority to administer such oath of allegiance only to individuals who reside in the State the Senator represents. In the case of a Member of the House of Representatives, including a Delegate or Resident Commissioner to the Congress, the Member shall have the authority to administer such oath of allegiance only to individuals who reside in the congressional district the Member represents.''; (3) in paragraph (1), by adding at the end the following: ``(C) Limitations on congressional authority.-- ``(i) Extent of authority.--The authority under this section of a Member of, or Delegate or Resident Commissioner to, the Congress is limited solely to the administration of the oath of allegiance under section 337(a). ``(ii) Period before elections.--A Member of, or Delegate or Resident Commissioner to, the Congress may not administer the oath of allegiance under section 337(a) during the 90- day period which ends on the date of any election for Federal, State, or local office in which the Member, Delegate, or Resident Commissioner is a candidate. ``(iii) Time and place of ceremony.--A Member of, or Delegate or Resident Commissioner to, the Congress shall administer the oath of allegiance under section 337(a) only at such times and places as the Secretary of Homeland Security may designate.''; (4) in paragraph (2)(A), in the matter preceding clause (i), by inserting ``or a Member of, or Delegate or Resident Commissioner to, the Congress'' after ``a court''; (5) in paragraph (2)(A)(i), by inserting ``or subject to paragraph (1)(C)(ii), the Member of, or Delegate or Resident Commissioner to, the Congress'' after ``the court''; (6) in paragraph (2)(A)(ii)(I), by inserting ``or the Member of, or Delegate or Resident Commissioner to, the Congress'' before ``such information''; (7) in paragraph (2)(A)(ii)(II), by inserting ``or the Member of, or Delegate or Resident Commissioner to, the Congress'' after ``the court''; and (8) in paragraph (3)(B)-- (A) in the subparagraph heading, by striking ``Authority of attorney general'' and inserting ``Timing of exclusive authority''; (B) by inserting ``neither'' after ``Subject to subparagraph (C),''; (C) by inserting ``nor a Member of, or Delegate or Resident Commissioner to, the Congress'' after ``the Attorney General''; and (D) by striking ``shall not administer'' and inserting ``shall administer''. (b) Oath of Renunciation and Allegiance.--Section 337 of the Immigration and Nationality Act (8 U.S.C. 1448) is amended-- (1) in the first sentence of subsection (a), by inserting ``, the Member of the House of Representatives, including a Delegate or Resident Commissioner to the Congress, who represents the congressional district in which the individual resides, a Senator who represents the State in which the individual resides,'' before ``or a court with jurisdiction''; (2) in the first sentence of subsection (c)-- (A) by inserting ``(except to the extent that such section limits the authority of a Member of, or Delegate or Resident Commissioner to, the Congress)'' after ``Notwithstanding section 310(b)''; and (B) by inserting ``, oath administration by the Member of the House of Representatives, including a Delegate or Resident Commissioner to the Congress, who represents the congressional district in which the individual resides or a Senator who represents the State in which the individual resides,'' after ``expedited judicial oath administration ceremony''; (3) in the third sentence of subsection (c), by inserting ``or oath administration by the Member of, or Delegate or Resident Commissioner to, the Congress'' before the period; and (4) in subsection (c), by adding at the end the following: ``The authority under this section of a Member of, or Delegate or Resident Commissioner to, the Congress shall be subject to section 310(b).''. (c) Certificate of Naturalization; Contents.--Section 338 of the Immigration and Nationality Act (8 U.S.C. 1449) is amended by inserting ``, Member of, or Delegate or Resident Commissioner to, the Congress,'' after ``location of the official''. (d) Functions and Duties of Clerks and Records of Declarations of Intention and Applications for Naturalization.--Section 339 of the Immigration and Nationality Act (8 U.S.C. 1450) is amended by adding at the end the following: ``(c) In the case of an oath administration by a Member of, or Delegate or Resident Commissioner to, the Congress, the functions and duties of clerks of courts described in this section shall be undertaken by the Secretary of Homeland Security.''. SEC. 2. REGULATORY AUTHORITY. Not later than the date that is 120 days after the date of enactment of this Act, the Secretary of Homeland Security shall issue regulations implementing the amendments made by this Act. SEC. 3. CLERICAL AMENDMENT. (a) In General.--Each of sections 310, 337, 338, and 339 of the Immigration and Nationality Act (8 U.S.C. 1421, 1448, 1449, and 1450) is amended by striking ``Attorney General'' each place it appears and inserting ``Secretary of Homeland Security''. (b) Exception.--The amendment made by this section shall not affect the authority of any officer or employee of the Executive Office of Immigration Review (including immigration judges (as defined in section 101(b)(4) of the Immigration and Nationality Act)) to administer the oath of allegiance under section 337(a).	Amends the Immigration and Nationality Act to permit each applicant for naturalization to choose to have the oath of allegiance for naturalization administered by a Member of Congress, Delegate, or Resident Commissioner (Member). Limits the administration of the oath: (1) by a Senator to individuals who reside in the Senator's state; and (2) by a Member of the House of Representatives, Delegate, or Resident Commissioner to individuals who reside in the respective congressional district. Limits the Member's authority solely to the administration of such oath. Prohibits a Member from administering the oath during the 90-day period before any election for federal, state, or local office in which the Member is a candidate. Requires a Member to administer the oath only at times and places designated by the Secretary of Homeland Security. Prohibits a Member from administering the oath during any period in which exclusive authority to administer it may be exercised by an eligible court for the person concerned, unless the court has waived such exclusive authority.
SECTION 1. REGULATORY REVIEW BY THE SECRETARY OF AGRICULTURE. (a) Definitions.--In this section: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) Agricultural entity.--The term ``agricultural entity'' means an entity that is involved in or relates to agricultural enterprise, including an enterprise that is engaged in the business of-- (A) producing food and fiber; (B) ranching and raising of livestock; (C) aquaculture; and (D) any other farming- and agriculture-related activities. (3) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. (b) Review of Regulatory Agenda.--The Secretary shall review each notice issued by the Administrator and published in the Federal Register relating to the preparation of any guidance, policy, memorandum, regulation, or statement of general applicability and future effect that may have a significant impact on a substantial number of agricultural entities, including-- (1) any regulatory agenda published by the Administrator under section 602 of title 5, United States Code; (2) any regulation plan or agenda published by the Administrator or the Director of the Office of Management and Budget pursuant to an Executive order, including Executive Order 12866 (5 U.S.C. 601 note; relating to regulatory planning and review); and (3) any other publication issued by the Administrator or the Director of the Office of Management and Budget that may reasonably be foreseen to contain a notice of a plan by the Administrator to prepare any guidance, policy, memorandum, regulation, or statement of general applicability and future effect that may have a significant impact on a substantial number of agricultural entities. (c) Information Gathering.--For a publication item reviewed under subsection (b) that the Secretary determines may have a significant impact on a substantial number of agricultural entities, the Secretary shall-- (1) solicit from the Administrator any information the Administrator may provide to facilitate a review of the publication item; (2) acting through the Chief Economist of the Department of Agriculture, produce an economic impact statement for the publication item that contains a detailed estimate of potential costs to agricultural entities; (3) identify individuals representative of potentially affected agricultural entities for the purpose of obtaining advice and recommendations from those individuals about the potential impacts of the publication item; and (4) convene a review panel for analysis of the publication item that includes the Secretary, any full-time Federal employee of the Department of Agriculture appointed to the panel by the Secretary, and any employee of the Environmental Protection Agency or the Office of Information and Regulatory Affairs of the Office of Management and Budget that accepts an invitation from the Secretary to participate in the panel. (d) Duties of the Review Panel.--A review panel convened for a publication item under subsection (c)(4) shall-- (1) review any information or material obtained by the Secretary and prepared in connection with the publication item, including any draft proposed guidance, policy, memorandum, regulation, or statement of general applicability and future effect; (2) collect advice and recommendations from agricultural entity representatives identified by the Administrator after consultation with the Secretary; (3) compile and analyze the advice and recommendations; and (4) make recommendations to the Secretary based on the information gathered by the review panel or provided by agricultural entity representatives. (e) Comments.-- (1) In general.--Not later than 60 days after the date on which the Secretary convenes a review panel under subsection (c)(4), the Secretary shall submit to the Administrator comments on the planned or proposed guidance, policy, memorandum, regulation, or statement of general applicability and future effect for consideration and inclusion in any related administrative record, including-- (A) a report by the Secretary on the concerns of agricultural entities; (B) the findings of the review panel; (C) the findings of the Secretary, including any adopted findings of the review panel; and (D) recommendations of the Secretary. (2) Publication.--The Secretary shall publish the comments under paragraph (1) in the Federal Register and make the comments available to the public on the public Internet site of the Department of Agriculture. (f) Waivers.--The Secretary may waive initiation of the review panel under subsection (c)(4) as the Secretary determines appropriate.	Directs the Secretary of Agriculture (USDA) to review each notice issued by the Administrator of the Environmental Protection Agency (EPA) and published in the Federal Register relating to the preparation of any guidance, policy, memorandum, regulation, or statement of general applicability and future effect that may have a significant impact on a substantial number of agricultural entities. Requires the Secretary, for each publication item determined to have a possible significant impact, to: (1) solicit from the EPA Administrator information to facilitate a review of the item, (2) produce an economic impact statement, (3) identify representatives of potentially affected agricultural entities to obtain advice and recommendations about the potential impacts of the item, and (4) convene a review panel that includes the Secretary to analyze the publication item. Provides procedures for submission by the Secretary of comments to the Administrator for inclusion in the administrative record and for waiver of a panel's initiation.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Whistleblower Improvement Act of 2011''. SEC. 2. AMENDMENTS TO THE SECURITIES EXCHANGE ACT OF 1934. (a) Exclusion of Certain Compliance Officers and Internal Reporting as a Condition of Award.--Section 21F of the Securities Exchange Act of 1934 (15 U.S.C. 78u-6) is amended-- (1) in subsection (b), by redesignating paragraph (2) as paragraph (3) and inserting after paragraph (1) the following: ``(2) Internal reporting required.--In the case of a whistleblower who is an employee providing information relating to misconduct giving rise to the violation of the securities laws that was committed by his or her employer or another employee of the employer, to be eligible for an award under this section, the whistleblower, or any person obtaining reportable information from the whistleblower, shall-- ``(A) first report the information described in paragraph (1) to his or her employer before reporting such information to the Commission; and ``(B) report such information to the Commission not later than 180 days after reporting the information to the employer.''; and (2) in subsection (c)(2)-- (A) in subparagraph (C), by striking ``or'' at the end; and (B) by redesignating subparagraph (D) as subparagraph (F) and inserting after subparagraph (C) the following: ``(D) to any whistleblower who fails to first report the information described in subsection (b)(1) that is the basis for the award to his or her employer before reporting such information to the Commission, in the case where the misconduct giving rise to the violation of the securities laws was committed by such employer or an employee of the employer, unless the whistleblower alleges and the Commission determines that the employer lacks either a policy prohibiting retaliation for reporting potential misconduct or an internal reporting system allowing for anonymous reporting, or the Commission determines in a preliminary investigation not exceeding 30 days that internal reporting was not a viable option for the whistleblower based on-- ``(i) evidence that the alleged misconduct was committed by or involved the complicity of the highest level of management; or ``(ii) other evidence of bad faith on the part of the employer; ``(E) to any whistleblower who has legal, compliance, or similar responsibilities for or on behalf of an entity and has a fiduciary or contractual obligation to investigate or respond to internal reports of misconduct or violations or to cause such entity to investigate or respond to the misconduct or violations, if the information learned by the whistleblower during the course of his or her duties was communicated to such a person with the reasonable expectation that such person would take appropriate steps to so respond; and''. (b) Elimination of Minimum Award Requirement.--Subsection (b)(1) of such section is amended-- (1) by striking ``shall'' and inserting ``may''; and (2) by striking ``in an aggregate amount equal to--'' and all that follows and inserting ``an amount determined by the Commission but not more than 30 percent, in total, of what has been collected of the monetary sanctions imposed in the action or related actions.''. (c) Exclusion of Whistleblowers Found Culpable.--Subsection (c)(2)(B) of such section is amended by inserting ``, is found civilly liable, or is otherwise determined by the Commission to have committed, facilitated, participated in, or otherwise been complicit in misconduct related to such violation'' after ``violation''. (d) Rule of Construction Relating to Other Workplace Policies.-- Subsection (h)(1) of such section is amended by adding at the end the following: ``(D) Rule of construction.--Nothing in this paragraph shall be construed as prohibiting or restricting any employer from enforcing any established employment agreements, workplace policies, or codes of conduct against a whistleblower, and any adverse action taken against a whistleblower for any violation of such agreements, policies, or codes shall not constitute retaliation for purposes of this paragraph, provided such agreements, policies, or codes are enforced consistently with respect to other employees who are not whistleblowers.''. (e) Notification to Employer.--Paragraph (2) of subsection (h) of such section is amended-- (1) in the paragraph heading, by striking ``confidentiality'' and inserting ``Notification to employer and confidentiality''; (2) by redesignating subparagraph (A) through (D) as subparagraphs (B) through (E), respectively; (3) by inserting a new subparagraph (A) as follows: ``(A) Notification of investigation.-- ``(i) Notification required.--Prior to commencing any enforcement action relating in whole or in part to any information reported to it by a whistleblower, the Commission shall notify any entity that is to be subject to such action of information received by the Commission from a whistleblower who is an employee of such entity to enable the entity to investigate the alleged misconduct and take remedial action, unless the Commission determines in the course of a preliminary investigation of the alleged misconduct, not exceeding 30 days, that such notification would jeopardize necessary investigative measures and impede the gathering of relevant facts, based on-- ``(I) evidence that the alleged misconduct was committed by or involved the complicity of the highest level management of the entity; or ``(II) other evidence of bad faith on the part of the entity. ``(ii) Good faith.--Where an entity notified under clause (i) responds in good faith, which may include conducting an investigation, reporting results of such an investigation to the Commission, and taking appropriate corrective action, the Commission shall treat the entity as having self-reported the information and its actions in response to such notification shall be evaluated in accordance with the Commission's policy statement entitled `Report of Investigation Pursuant to Section 21(a) of the Securities Exchange Act of 1934 and Statement of the Relationship of Cooperation to Agency Enforcement Decisions'.''; and (4) in the heading of subparagraph (B) (as redesignated by paragraph (3)), by striking ``in general'' and inserting ``Confidentiality''. SEC. 3. AMENDMENTS TO THE COMMODITY EXCHANGE ACT. (a) Exclusion of Certain Compliance Officers and Internal Reporting as a Condition of Award.--Section 23 of the Commodity Exchange Act (7 U.S.C. 26) is amended-- (1) in subsection (b), by redesignating paragraph (2) as paragraph (3) and inserting after paragraph (1) the following: ``(2) Internal reporting required.--In the case of a whistleblower who is an employee providing information relating to misconduct giving rise to the violation of the securities laws that was committed by his or her employer or another employee of the employer, to be eligible for an award under this section, the whistleblower, or any person obtaining reportable information from the whistleblower, shall-- ``(A) first reported the information described in paragraph (1) to his or her employer before reporting such information to the Commission; and ``(B) report such information to the Commission not later than 180 days after reporting the information to the employer.''; and (2) in subsection (c)(2)-- (A) in subparagraph (C), by striking ``or'' at the end; and (B) by redesignating subparagraph (D) as subparagraph (F) and inserting after subparagraph (C) the following: ``(D) to any whistleblower who fails to first report the information described in subsection (b)(1) that is the basis for the award to his or her employer before reporting such information to the Commission, in the case where the misconduct giving rise to the violation of the securities laws was committed by such employer or an employee of the employer, unless the whistleblower alleges and the Commission determines that the employer lacks either a policy prohibiting retaliation for reporting potential misconduct or an internal reporting system allowing for anonymous reporting, or the Commission determines in a preliminary investigation not exceeding 30 days that internal reporting was not a viable option for the whistleblower based on-- ``(i) evidence that the alleged misconduct was committed by or involved the complicity of the highest level of management; or ``(ii) other evidence of bad faith on the part of the employer; ``(E) to any whistleblower who has legal, compliance, or similar responsibilities for or on behalf of an entity and has a fiduciary or contractual obligation to investigate or respond to internal reports of misconduct or violations or to cause such entity to investigate or respond to the misconduct or violations, if the information learned by the whistleblower on the course of his or her duties was communicated to such a person with the reasonable expectation that such person would take appropriate steps to so respond; and''. (b) Cap on Award in Certain Circumstances and Elimination of Minimum Award Requirement.--Subsection (b)(1) of such section is amended-- (1) by striking ``shall'' and inserting ``may''; and (2) by striking ``in an aggregate amount equal to--'' and all that follows and inserting ``in an amount determined by the Commission but not more than 30 percent, in total, of what has been collected of the monetary sanctions imposed in the action or related actions.''. (c) Exclusion of Whistleblowers Found Culpable.--Subsection (c)(2)(B) of such section is amended by inserting ``, is found civilly liable, or is otherwise determined by the Commission to have committed, facilitated, participated in, or been complicit in misconduct related to such a violation'' after ``violation''. (d) Rule of Construction Relating to Other Workplace Policies.-- Subsection (h)(1) of such section is amended by adding at the end the following: ``(D) Rule of construction.--Nothing in this paragraph shall be construed as prohibiting or restricting any employer from enforcing any established employment agreements, workplace policies, or codes of conduct against a whistleblower, and any adverse action taken against a whistleblower for any violation of such agreements, policies, or codes shall not constitute retaliation for purposes of this paragraph, provided such agreements, policies, or codes are enforced consistently with respect to other employees who are not whistleblowers.''. (e) Notification to Employer.--Paragraph (2) of subsection (h) of such section is amended-- (1) in the paragraph heading, by striking ``confidentiality'' and inserting ``Notification to employer and confidentiality''; (2) by redesignating subparagraph (A) through (D) as subparagraphs (B) through (E), respectively; (3) by inserting a new subparagraph (A) as follows: ``(A) Notification to employer.-- ``(i) Notification required.--Prior to commencing any enforcement action relating in whole or in part to any information reported to it by a whistleblower, the Commission shall promptly notify any entity that is to be subject to such enforcement of information received by the Commission from a whistleblower who is an employee of such entity to enable the entity to investigate the alleged misconduct and take remedial action, unless the Commission determines in the course of a preliminary investigation not exceeding 30 days of the alleged misconduct, that such notification would jeopardize necessary investigative measures and impede the gathering of relevant facts, based on-- ``(I) evidence that the alleged misconduct was committed by or involved the complicity of the highest level management of the entity; or ``(II) other evidence of bad faith on the part of the entity. ``(ii) Good faith.--Where an entity notified under clause (i) responds in good faith, which may include conducting an investigation, reporting results of such an investigation to the Commission, and taking appropriate corrective action, the Commission shall treat the entity as having self-reported the information and its actions in response to such notification shall be evaluated accordingly.''; and (4) in the heading of subparagraph (B) (as redesignated by paragraph (3)), by striking ``in general'' and inserting ``Confidentiality''. SEC. 4. STUDY. The Comptroller General shall conduct a study to determine what impact, if any, the whistleblower incentives program established under section 21F of the Securities Exchange Act of 1934 (15 U.S.C. 78u-6) and section 23 of the Commodity Exchange Act (7 U.S.C. 26) has had on shareholder value. The Comptroller General shall transmit to Congress a report on the study not later than 18 months after the date of enactment of this Act.	Whistleblower Improvement Act of 2011 - Amends the Securities Exchange Act of 1934 and the Commodity Exchange Act to require a whistleblower employee, as a prerequisite to eligibility for a whistleblower award, to: (1) first report information relating to misconduct to his or her employer before reporting it to the Securities and Exchange Commission (SEC), and (2) report such information to the SEC within 180 days after reporting it to the employer. Prohibits a whistleblower award to any whistleblower who fails to report the relevant information to his or her employer first, unless: (1) the employer lacks either a policy prohibiting retaliation for reporting potential misconduct or an internal reporting system allowing for anonymous reporting, or (2) the SEC determines that internal reporting was not a viable option. Prohibits a whistleblower award to any whistleblower who has legal or compliance responsibilities and a fiduciary or contractual obligation to investigate internal reports of misconduct or violations if the information learned by the whistleblower during the course of his or her duties was communicated with the reasonable expectation that such person would take appropriate steps to respond. Makes the whistleblower award discretionary instead of mandatory. Repeals the minimum award requirement. Prohibits an award to a whistleblower found civilly liable or determined by the SEC to have been complicit in misconduct related to the pertinent violation. Requires the SEC to notify the pertinent entity before commencing any enforcement action relating to information reported by a whistleblower, unless such notification would jeopardize investigative measures and impede the gathering of relevant facts. Directs the Comptroller General to study what impact, if any, the whistleblower incentives program has had upon shareholder value.
SECTION 1. CONDITIONS ON LOAN GUARANTEES ISSUED TO STEEL COMPANIES. Section 101(h) of the Emergency Steel Loan Guarantee Act of 1999 (Public Law 106-51) is amended by adding at the end the following: ``(5) Certain activities prohibited.-- ``(A) Prohibited activities.--Any qualified steel company to which a loan guarantee is issued under this section may not, during the period the guarantee is in effect-- ``(i) contribute any of the proceeds of the loan that is guaranteed to any facility located outside the United States that is engaged in the production or manufacture of any product described in subsection (c)(3)(B) of this section; or ``(ii) use any of the proceeds of the loan that is guaranteed to import ingots, slabs, or billets produced in any country if that country is subject to trade remedies with respect to any product described in subsection (c)(3)(B) of this section. ``(B) Penalties for violations.--(i) The Board shall terminate any guarantee issued under this section to a qualified steel company that violates the provisions of subparagraph (A), and shall assess a civil penalty of not more than $100,000 for each violation. ``(ii) Any civil penalty under clause (i) may be imposed only after notice and opportunity for a hearing on the record in accordance with sections 554 and 557 of title 5, United States Code. ``(C) Definitions.--In this paragraph-- ``(i) a country is subject to trade remedies with respect to any product described in subsection (c)(3)(B) of this section if-- ``(I) a countervailing duty order or an antidumping order under title VII of the Tariff Act of 1930 (19 U.S.C. 1671 et seq.), or a finding under the Antidumping Act, 1921, is in effect on imports of any product described in subsection (c)(3)(B) of this section that is a product of that country; ``(II) the administering authority or the International Trade Commission is conducting an investigation or making a determination under subtitle A, B, or C of title VII of the Tariff Act of 1930 with respect to any product described in subsection (c)(3)(B) of this section that is a product of that country; ``(III) action taken by the President under chapter 1 of title II of the Trade Act of 1974 (19 U.S.C. 2251 et seq.), under section 406 of that Act (19 U.S.C. 2436), under chapter 2 of title IV of that Act (19 U.S.C. 2451 et seq.), or under part 1 of subtitle A of title III of the North American Free Trade Agreement Implementation Act (19 U.S.C. 3351 et seq.), is in effect with respect to imports of any product described in subsection (c)(3)(B) of this section that is a product of that country; ``(IV) a proceeding is pending under chapter 1 of title II of the Trade Act of 1974 (19 U.S.C. 2251 et seq.), under section 406 of that Act (19 U.S.C. 2436), under chapter 2 of title IV of that Act (19 U.S.C. 2451 et seq.), or under part 1 of subtitle A of title III of the North American Free Trade Agreement Implementation Act (19 U.S.C. 3351 et seq.), pursuant to a determination by the International Trade Commission of substantial injury that was made pursuant to the filing of a petition under section 202(a), 406(a)(1), 421(b), or 422(b) of the Trade Act of 1974, or 302(a) of the North American Free Trade Agreement Implementation Act, with respect to any product described in subsection (c)(3)(B) of this section that is a product of that country; or ``(V) a proceeding is pending under chapter 1 of title II of the Trade Act of 1974, under section 406 of that Act (19 U.S.C. 2436), or under chapter 2 of title IV of that Act, other than pursuant to a petition, with respect to any product described in subsection (c)(3)(B) of this section that is a product of that country; and ``(ii) the term `United States' includes any commonwealth, territory, or possession of the United States.''. SEC. 2. EFFECTIVE DATE. The amendment made by section 1 applies to-- (1) any loan guarantee issued on or after the date of the enactment of this Act; and (2) any loan guarantee issued before such date of enactment, but only to the extent of any proceeds of the loan remaining on such date.	Amends the Emergency Steel Loan Guarantee Act of 1999 to prohibit qualified steel companies that have been issued loan guarantees under such Act from: (1) contributing any of the proceeds of such a loan to any facility located outside the United States that is engaged in manufacture of certain steel mill products (including ingots, slabs, or billets); or (2) using any such proceeds to import ingots, slabs, or billets produced in any country subject to specified trade remedies with respect to such products. Sets forth civil penalties for violations of the requirements of this Act.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Surviving Spouses and Dependents Outreach Enhancement and Veterans Casework Improvement Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) There are over 600,000 surviving spouses and dependents receiving dependency and indemnity compensation (DIC) or death pensions from the Department of Veterans Affairs. (2) The Department of Veterans Affairs does not target this population for specific outreach efforts, nor does it provide program outreach coordinators designated at each regional office of the Department to assist this population and other survivors who may be eligible for benefits from the Department. (3) Approximately 1,000 veterans die daily, many survived by widows and dependents who may not be fully informed as to their eligibility for benefits under laws administered by the Secretary of Veterans Affairs. (4) There is no formal program for coordination of benefits for surviving spouses and dependents at any level within the Department of Veterans Affairs. (5) Due to insufficient outreach efforts, informational updates targeted specifically to surviving spouses and dependents are not provided. Outreach efforts to provide information concerning changes in service-connection for disabilities presumed associated with exposure to herbicides and ionizing radiation and former prisoners of war have been insufficient to adequately inform survivors of benefits to which they may now be entitled. SEC. 3. NATIONAL GOAL TO FULLY INFORM AND ASSIST SURVIVING SPOUSES AND DEPENDENTS REGARDING ELIGIBILITY FOR BENEFITS AND HEALTH CARE SERVICES. (a) National Goal.--Congress hereby declares it to be a national goal to fully inform surviving spouses and dependents regarding their eligibility for benefits and health care services under laws administered by the Secretary of Veterans Affairs. (b) Cooperative Efforts Encouraged.--Congress hereby encourages all elements within the Department of Veterans Affairs, private and public sector entities (including veterans service organizations), and veterans widows and surviving spouses organizations to work cooperatively to fully inform the surviving spouses and dependents of veterans regarding their eligibility for benefits and health care services under laws administered by the Secretary of Veterans Affairs. SEC. 4. REQUIREMENT FOR OUTREACH EFFORTS AND DEDICATED STAFF AT EACH REGIONAL OFFICE. (a) Findings.--Congress and the Department of Veterans Affairs have historically targeted certain specific populations for outreach efforts concerning benefits under laws administered by the Secretary of Veterans Affairs. Groups currently targeted for such outreach efforts and for which program outreach coordinators have been designated at each regional office of the Department of Veterans Affairs are the following: (1) Former prisoners of war. (2) Women veterans. (3) Minority veterans. (4) Active duty personnel. (5) Homeless veterans. (6) Elderly veterans. (7) Recently separated veterans. (b) Eligible Dependent Defined.--Paragraph (2) of section 7721(b) of title 38, United States Code, is amended to read as follows: ``(2) the term `eligible dependent' means a spouse, surviving spouse (whether or not remarried), child (regardless of age or marital status), or parent of a person who served in the active military, naval, or air service.''. (c) Improved Outreach Program.--(1) Subchapter II of chapter 77 of title 38, United States Code, is amended by adding at the end the following new section: ``Sec. 7727. Outreach for eligible dependents ``(a) In carrying out this subchapter, the Secretary shall ensure that the needs of eligible dependents are fully addressed. ``(b)(1) In order to carry out subsection (a), the Secretary shall assign such employees of the Veterans Benefits Administration as the Secretary considers appropriate to conduct outreach programs and provide outreach services for eligible dependents. In areas where the number of eligible dependents warrant doing so, the Secretary shall assign at least one employee in the Veterans Benefits Administration regional office to serve as a full-time coordinator of outreach programs and services for eligible dependents in that region. ``(2) Responsibilities of employees assigned to outreach functions under paragraph (1) shall include providing eligible dependents with information about benefits under laws administered by the Secretary and with assistance in claims preparation and inquiry resolution. ``(c) Whenever an eligible dependent first applies for any benefit under laws administered by the Secretary, the Secretary shall provide to the dependent information concerning eligibility for benefits and health care services under programs administered by the Secretary. For purposes of this paragraph, a request for burial or related benefits, including an application for life insurance proceeds, shall be treated by the Secretary as an initial application for benefits. ``(d)(1) Information provided an eligible dependent under this section shall include information on how to apply for benefits for which the dependent may be eligible, including information about assistance available under subsection (b) and section 7722(d) of this title. ``(2) In the case of eligible dependents who are members of distinct beneficiary populations (such as survivors of veterans), the Secretary shall ensure that information provided under this section includes specific information about benefits relating to that population. ``(e) For any area in which there is a significant population of eligible dependents whose primary language is a language other than English, the Secretary shall make information provided under this subsection available to those dependents in the dominant language in that area (in addition to English). ``(f) Outreach services and assistance shall be provided for eligible dependents through the same means that are used for other specially targeted groups. ``(g) The Secretary shall ensure that the availability of outreach services and assistance for eligible dependents under this subchapter is made known through a variety of means, including the Internet, correspondence of the Department, announcements in veterans publications, direct correspondence to congressional offices, military bases public affairs offices, military retiree affairs offices, and United States embassies. ``(h) The Secretary shall support the Department's periodic evaluation under section 527 of this title concerning the Department's efforts to address the needs of eligible dependents. ``(i) The Secretary shall submit to Congress an annual report on the programs of the Department addressing the information and assistance needs of eligible dependents. The Secretary shall include in each such report the following: ``(1) Information about expenditures, costs, and workload under the program of the Department directed towards the information and assistance needs of eligible dependents. ``(2) Information about outreach efforts directed toward eligible dependents. ``(3) Information about emerging needs within the program that relate to other provisions of law, including section 7725 of this title with respect to language needs of eligible dependents. ``(4) Information as to the timeline for implementation of improvements to meet existing and emerging needs of eligible dependents in addition to those specified in this section.''. (2) The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 7726 the following new item: ``7727. Outreach for eligible dependents.''.	Requires the Secretary of Veterans Affairs to assign appropriate Department employees to conduct outreach programs and provide outreach services for eligible spouses and dependents.
SECTION 1. DECLARATION OF POLICY. It is the policy of the United States to end the needless maiming and suffering inflicted upon animals through the use of conventional steel-jawed leghold traps by prohibiting the import or export of, and the shipment in interstate commerce of, such traps and of articles of fur from animals that were trapped in such traps. SEC. 2. PROHIBITED ACTS AND PENALTIES. (a) Prohibited Acts.--It shall be unlawful for any person-- (1) to import, export, or transport in interstate commerce an article of fur, if any part or portion of such article is derived from an animal that was trapped in a conventional steel-jawed leghold trap; (2) to import, export, deliver, carry, or transport by any means whatever, in interstate commerce, any conventional steel- jawed leghold trap; (3) to sell, receive, acquire, or purchase any conventional steel-jawed leghold trap that was delivered, carried, or transported in violation of paragraph (2); or (4) to violate any rule made by the Secretary under this Act. (b) Penalties.--Whoever knowingly violates subsection (a) shall, in addition to any other penalty that may be imposed-- (1) for the first such violation, be imprisoned for not more than 5 days or fined under title 18, United States Code, or both; and (2) for each subsequent violation, be imprisoned for not more than two years or fined under title 18, United States Code, or both. SEC. 3. REWARDS. (a) General Rule.--The Secretary shall pay, to any person who furnishes information which leads to a conviction of a violation of any provision of this Act or any rule made under this Act, an amount equal to one-half of the fine paid pursuant to the conviction. (b) Exception.--Any officer or employee of the United States or of any State or local government who furnishes information or renders service in the performance of his or her official duties is not eligible for payment under this section. SEC. 4. ENFORCEMENT. (a) In General.--Except with respect to violations of this Act to which subsection (b) applies, this Act and any rules made under this Act shall be enforced by the Secretary, who may utilize by agreement, with or without reimbursement, the personnel, services, and facilities of any other Federal agency or any State agency for purposes of enforcing this Act and such rules. (b) Import and Export Violations.-- (1) Import violations.--The importation of articles in violation of section 2(a) shall be treated as a violation of the customs laws of the United States, and those provisions of law relating to violations of the customs laws of the United States shall apply thereto. (2) Export violations.--The authorities under the Export Administration Act of 1979 (50 U.S.C. App. 2401 et seq.) (including penalties) shall be used to enforce the provisions of this Act relating to the export of articles in violation of section 2(a). (c) Enforcement Authorities.--Any person having authority to enforce this Act (except with respect to violations to which subsection (b) applies), may, in exercising such authority-- (1) detain for inspection, search, and seize any package, crate, or other container, including its contents, and all accompanying documents, if such individual has reasonable cause to suspect that in such package, crate, or other container are articles with respect to which a violation of this Act (except with respect to a violation to which subsection (b) applies) has occurred, is occurring, or is about to occur; (2) make arrests without a warrant for any violation of this Act (except with respect to a violation to which subsection (b) applies) committed in his or her presence or view, or if the individual has probable cause to believe that the person to be arrested has committed or is committing such a violation; and (3) execute and serve any arrest warrant, search warrant, or other warrant or criminal process issued by any judge or magistrate of any court of competent jurisdiction for enforcement of this Act (except with respect to violations to which subsection (b) applies). (d) Forfeiture.-- (1) General rule.--Except with respect to exports to which the provisions of the Export Administration Act of 1979 (50 U.S.C. App. 2401 et seq.) apply, and imports to which the customs laws of the United States apply, pursuant to subsection (b), any article of fur or conventional steel-jawed leghold trap taken, possessed, sold, purchased, offered for sale or purchase, imported, exported, transported, delivered, received, carried, or shipped in violation of this Act or any rule made under this Act, shall be subject to forfeiture to the United States. Those provisions of law relating to-- (A) the seizure, summary and judicial forfeiture, and condemnation of property for violations of the customs laws of the United States, (B) the disposition of such property or the proceeds from the sale thereof, (C) the remission or mitigation of such forfeitures, and (D) the compromise of claims, shall apply to seizures and forfeitures incurred, or alleged to have been incurred, under the provisions of this subsection, insofar as applicable and not inconsistent with this Act. (2) Enforcement.--Such duties as are imposed upon the customs officer or any other person with respect to the seizure and forfeiture of property under the customs laws of the United States may be performed with respect to seizures and forfeitures of property under this subsection by the Secretary or such officers and employees as may be authorized or designated for that purpose by the Secretary, or, upon the request of the Secretary, by any other agency that has authority to manage and dispose of seized property. (e) Injunctions.--The Attorney General of the United States may seek to enjoin any person who is alleged to be in violation of this Act or any rule made under this Act. (f) Cooperation.--The Secretary of Commerce, the Secretary of the Treasury, and the head of any other department or agency with enforcement responsibilities under this Act shall cooperate with the Secretary in ensuring that this Act, and rules made under this Act, are enforced in the most effective and efficient manner. SEC. 5. DEFINITIONS. In this Act: (1) The term ``article of fur'' means-- (A) any furskin (as such term is used under headnote 1 of chapter 43 of the Harmonized Tariff Schedule of the United States), including any raw furskin classified under heading 4301 of such Schedule; or (B) any article, however produced, that consists in whole or part of any such furskin. (2) The term ``conventional steel-jawed leghold trap'' means any spring-powered pan or sear-activated device with two opposing steel jaws, whether the jaws are smooth, toothed, padded, or offset, which is designed to capture an animal by snapping closed upon the animal's limb or part thereof. (3) The term ``customs laws of the United States'' means any other law or regulation enforced or administered by the United States Customs Service. (4) The term ``import'' means to land on, bring into, or introduce into, any place subject to the jurisdiction of the United States, whether or not such landing, bringing, or introduction constitutes an entry into the customs territory of the United States. (5) The term ``interstate commerce'' has the meaning given such term in section 10 of title 18, United States Code. (6) The term ``Secretary'' means the Secretary of the Interior. SEC. 6. RULEMAKING. The Secretary may make rules to carry out this Act. SEC. 7. EFFECTIVE DATE. This Act shall take effect one year after the date of its enactment.	Makes it unlawful to: (1) import, export, or transport in interstate commerce conventional steel jawed leghold traps and articles of fur derived from animals trapped in such traps; or (2) sell or acquire such a trap transported in violation of such provision. Prescribes criminal penalties for violations.Directs the Secretary of the Interior to reward persons (other than Government employees performing official duties) for information leading to a conviction under this Act.Empowers enforcement officials to detain, search, and seize suspected containers or merchandise and any accompanying documents, to make arrests without warrants with probable cause, and to execute warrants. Subjects seized merchandise to forfeiture.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Trash Reduction Act of 2011''. SEC. 2. IMPOSITION OF TAX ON DISPOSABLE CARRYOUT BAGS. (a) General Rule.--Chapter 31 of the Internal Revenue Code of 1986 (relating to retail excise taxes) is amended by inserting after subchapter C the following new subchapter: ``Subchapter D--Disposable Carryout Bags ``Sec. 4056. Imposition of tax. ``SEC. 4056. IMPOSITION OF TAX. ``(a) General Rule.--There is hereby imposed on any retail sale a tax on each disposable carryout bag. ``(b) Amount of Tax.--The amount of tax imposed by subsection (a) shall be $0.05 per disposable carryout bag. ``(c) Liability for Tax.--The retailer shall be liable for the tax imposed by this section. ``(d) Definitions.--For purposes of this section-- ``(1) Disposable carryout bag.-- ``(A) In general.--The term `disposable carryout bag' means a bag of any material, commonly plastic or kraft paper, which is provided to a consumer at the point of sale to carry or cover purchases, merchandise, or other items. ``(B) Exceptions.--Such term does not include-- ``(i) any reusable bag, ``(ii) any bag manufactured for use by a customer inside a store to package bulk items such as fruit, vegetables, nuts, grains, candy, or small hardware items, such as nails and bolts, ``(iii) any bag that contains or wraps frozen foods, prepared foods, or baked goods when not prepackaged, ``(iv) any bag manufactured for use by a pharmacist to contain prescription drugs, and ``(v) any bag manufactured to be sold at retail in packages containing multiple bags intended for use as garbage, pet waste, or yard waste bags. ``(2) Reusable bag.--The term `reusable bag' means a bag that is-- ``(A)(i) made of cloth or other machine washable fabric, or ``(ii) made of a durable plastic that is at least 2.25 millimeters thick, and ``(B) is specifically designed and manufactured for multiple use. ``(e) Special Rules.-- ``(1) Pass through of tax.--The tax imposed by subsection (a) shall be passed through to the customer and shall be separately stated on the receipt of sale provided to the customer. ``(2) 1st retail sale; use treated as sale.--For purposes of this section, rules similar to the rules of subsections (a) and (b) of section 4002 shall apply.''. (b) Carryout Bag Recycling Program.--Subchapter B of chapter 65 of such Code is amended by adding at the end the following new section: ``SEC. 6433. QUALIFIED DISPOSABLE CARRYOUT BAG RECYCLING PROGRAM. ``(a) Allowance of Credit.--If-- ``(1) tax has been imposed under section 4056 on any disposable carryout bag, ``(2) a retailer provides such bag to a customer in a point of sale transaction, ``(3) such retailer has in effect at the time of such transaction a qualified carryout bag recycling program, and ``(4) such retailer has kept and can produce records for purposes of this section and section 4056 that include the total number of disposable carryout bags purchased and the amounts passed through to the customer for such bags pursuant to section 4056(e), the Secretary shall pay (without interest) to such retailer an amount equal to the applicable amount for each such bag used by the retailer in connection with a point of sale transaction. ``(b) Applicable Amount.--For purposes of subsection (a), the applicable amount is $0.01. ``(c) Qualified Disposable Carryout Bag Recycling Program.--For purposes of this section-- ``(1) In general.--The term `qualified carryout bag recycling program' means a recycling program under which the retailer-- ``(A) to the extent the retailer provides disposable carryout bags (as defined in section 4056) to customers-- ``(i) passes through the tax imposed by section 4056 and tracks the total number of bags purchased and amount of tax passed through pursuant to section 6433(a), ``(ii) has printed or displayed on each such bag, in a manner clearly visible to a customer, the words `PLEASE RETURN TO A PARTICIPATING STORE FOR RECYCLING', ``(iii) uses bags that are 100 percent recyclable, ``(iv) uses bags that are made of high- density polyethylene film marked with the SPI resin identification code 2 or low-density polyethylene film marked with the SPI resin identification code 4, and ``(v) uses bags that contain a minimum of 40 percent post-consumer recycled content, ``(B) places at each place of business at which retail operations are conducted one or more carryout bag collection bins which are visible, easily accessible to the customer, and clearly marked as being for the purpose of collecting and recycling disposable carryout bags, ``(C) recycles the disposable carryout bags collected pursuant to subparagraph (B), ``(D) maintains for not less than 3 years records (which shall be available to the Secretary) describing the collection, transport, and recycling of disposable carryout bags collected, ``(E) makes available to customers within the retail establishment reusable bags (as defined in section 4056(c)(2)) which may be purchased and used in lieu of using a disposable carryout bag, and ``(F) meets the definition of 4056(d)(3). ``(2) Recycling program.--The term `recycling program' means a program that processes used materials or waste materials into new products to prevent waste of potentially useful materials; reduce raw materials consumption; reduce energy usage; reduce air, water, or other pollution; or reduce the need for disposal.''. (c) Establishment of Trust Fund.--Subchapter A of chapter 98 of such Code (relating to trust fund code) is amended by adding at the end the following: ``SEC. 9512. DISPOSABLE CARRYOUT BAG TRUST FUND. ``(a) Creation of Trust Fund.--There is established in the Treasury of the United States a trust fund to be known as the `Disposable carryout bag Trust Fund' (referred to in this section as the `Trust Fund'), consisting of such amounts as may be appropriated or credited to the Trust Fund as provided in this section or section 9602(b). ``(b) Transfers to Trust Fund.--There is hereby appropriated to the Trust Fund an amount equivalent to the amounts received in the Treasury pursuant to section 4056. ``(c) Expenditures From Trust Fund.--Amounts in the Trust Fund shall be available, as provided by appropriation Acts, for making payments under section 6433. ``(d) Transfer to Land and Water Conservation Fund.-- ``(1) In general.--The Secretary shall pay from time to time from the 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 the Secretary) equivalent to the aggregate of the transactions on which tax is imposed under section 4056 aggregate amounts determined on the basis of $0.01. ``(2) Special rule regarding amounts transferred.--Amounts transferred to the land and water conservation fund under paragraph (1) shall not be taken into account for purposes of determining amounts to be appropriated or credited to the fund under section 2(c) of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-5(c)).''. (d) Study.--Not later than December 31, 2013, the Comptroller General of the United States shall conduct a study on the effectiveness of the provisions of this Act at reducing the use of disposable carryout bags and encouraging recycling of such bags. The report shall-- (1) address measures that the Comptroller General determines may increase the effectiveness of such provisions, including the amount of tax imposed on each disposable carryout bag, and (2) any effects, both positive and negative, on any United States businesses. The Comptroller General shall submit a report of such study to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate. (e) Clerical Amendments.-- (1) The table of subchapters for chapter 31 of such Code is amended by inserting after the item relating to adding at the end thereof the following new item: ``Subchapter D. Disposable carryout bags.''. (2) The table of sections for subchapter B of chapter 65 of such Code is amended by adding at the end the following new item: ``Sec. 6433. Qualified disposable carryout bag recycling program.''. (3) The table of sections for subchapter A of chapter 98 of such Code is amended by adding at the end the following new item: ``Sec. 9512. Disposable carryout bag trust fund.''. (f) Effective Date.--The amendments made by this section shall take effect on January 1, 2011.	Trash Reduction Act of 2011 - Amends the Internal Revenue Code to require retailers to pay a $0.05 excise tax on each disposable carryout bag provided to a consumer. Defines "disposable carryout bag" to mean a bag of any material, commonly plastic or kraft paper, which is provided to a consumer at the point of sale to carry or cover purchases, merchandise, or items. Exempts reusable bags and certain other bags used for specified purposes from such tax. Allows a refund of such tax for retailers who establish a disposable carryout bag recycling program. Establishes in the Treasury the Disposable carryout bag Trust Fund to hold tax revenues generated by this Act. Directs the Secretary of the Treasury to make payments from such Trust Fund for the disposable carryout bag recycling program and for the land and water conservation fund established by the Land and Water Conservation Fund Act of 1965. Directs the Comptroller General to report to Congress on the effectiveness of this Act in reducing the use of disposable carryout bags and encouraging recycling of such bags.
SECTION 1. BIOFUELS RESEARCH INITIATIVE. (a) Short Title.--This section may be cited as the ``Biofuels Research Initiative Act of 2007''. (b) Research, Extension, and Educational Programs on Biobased Energy Technologies and Products.--Title IX of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8101 et seq.) is amended by adding at the end the following: ``SEC. 9011. RESEARCH, EXTENSION, AND EDUCATIONAL PROGRAMS ON BIOBASED ENERGY TECHNOLOGIES AND PRODUCTS. ``(a) Purposes.--The purposes of the programs established under this section are-- ``(1) to enhance national energy security through the development, distribution, and implementation of biobased energy technologies; ``(2) to promote diversification in, and the environmental sustainability of, agricultural production in the United States through biobased energy and product technologies; ``(3) to promote economic diversification in rural areas of the United States through biobased energy and product technologies; and ``(4) to enhance the efficiency of bioenergy and biomass research and development programs through improved coordination and collaboration between the Department of Agriculture, the Department of Energy, and the land-grant colleges and universities. ``(b) Definitions.--In this section: ``(1) Land-grant colleges and universities.--The term `land-grant colleges and universities' means-- ``(A) 1862 Institutions (as defined in section 2 of the Agricultural Research, Extension, and Education Reform Act of 1998 (7 U.S.C. 7601)); ``(B) 1890 Institutions (as defined in section 2 of that Act) and West Virginia State College; and ``(C) 1994 Institutions (as defined in section 2 of that Act). ``(2) Secretary.--The term `Secretary' means the Secretary of Agriculture. ``(c) Establishment.--To carry out the purposes described in subsection (a), the Secretary shall establish programs under which-- ``(1) the Secretary shall provide grants to the lead land grant university for each of the regional consortiums with the lead university selected based on criteria in subsection (e); and ``(2) the consortium shall use the grants in accordance with this section. ``(d) Grants to a Consortium.--The Secretary shall use amounts made available for a fiscal year under subsection (j) to provide a grants in equal amounts to the lead land grant university for each of the regional consortiums with the lead university selected based on criteria in subsection (e): ``(e) Criteria for Consortium Membership.--To be a member of a consortium, a university must have the following attributes: ``(1) Demonstrated history, capability and intellectual property in germplasm development, including but not limited to genetics, plant breeding, and molecular techniques. ``(2) Production logistics, including but not limited to cropping systems, harvesting technologies, storage technologies, and transportation systems. ``(3) Economic and policy analysis, including but not limited to probabilistic forecasts, economic feasibility, and business plans. ``(4) Environmental assessment, including but not limited to life-cycle analysis, climate change assessment, air quality, and water use evaluations of bioenergy production systems. ``(5) Facilities, including but not to facilities for genomics, plant breeding, crop production, crop processing, equipment design and fabrication, equipment testing, and environmental testing. ``(6) Academic and research capabilities in plant science, agronomy, soil science, plant physiology, plant pathology, entomology, engineering, agricultural engineering, and agricultural economics. ``(7) Management capabilities in academics, research administration, intellectual property development, contract management, Federal procurement, and agricultural technology transfer. ``(f) Regional Consortium Groups.--Each of the following shall be considered a regional consortium group for the purposes of this Act: ``(1) North-central consortium.--A north-central university consortium for the region composed of the States of Illinois, Indiana, Iowa, Minnesota, Montana, Nebraska, North Dakota, South Dakota, Wisconsin, and Wyoming. ``(2) Southeastern consortium.--A southeastern university consortium for the region composed of-- ``(A) the States of Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina, Tennessee, and Virginia; ``(B) the Commonwealth of Puerto Rico; and ``(C) the United States Virgin Islands. ``(3) South-central consortium.--A south-central university consortium for the region composed of the States of Arkansas, Colorado, Kansas, Louisiana, Missouri, New Mexico, Oklahoma, and Texas. ``(4) Western consortium.--A western university consortium for the region composed of-- ``(A) the States of Alaska, Arizona, California, Hawaii, Idaho, Nevada, Oregon, Utah, and Washington; and ``(B) territories and possessions of the United States (other than the territories referred to in subparagraphs (B) and (C) of paragraph (2)). ``(5) Northeastern consortium.--A northeastern university consortium for the region composed of the States of Connecticut, Delaware, Massachusetts, Maryland, Maine, Michigan, New Hampshire, New Jersey, New York, Ohio, Pennsylvania, Rhode Island, Vermont, and West Virginia. ``(g) Use of Funds.-- ``(1) University consortium.--Of the funds made available for a fiscal year to a consortium under subsection (d), the consortium member shall use not more than 25 percent of the amount for administration to support excellence in science, engineering, and economics at each regional consortium to promote the purposes described in subsection (a) through each applicable State agricultural experiment station, cooperative extension services, and relevant educational programs of the regional consortium member. ``(2) Grants to land-grant colleges and universities.--Each regional university consortium shall use the funds that remain available for a fiscal year after expenditures made under paragraph (1) to provide competitive grants to Agricultural and Land Grant colleges and universities in the region of the consortium as follows: ``(A) Not less than 30 percent of the funds to conduct, consistent with the purposes described in subsection (a), multi-institutional and multi-State research, extension, and educational programs on technology development. ``(B) Not less than 30 percent of the funds to conduct, consistent with the purposes described in subsection (a), multi-institutional and multi-State integrated research, extension, and educational programs on technology implementation. ``(3) Indirect costs.--A university consortium may not recover the indirect costs of making grants under paragraph (2) to other land-grant colleges and universities. ``(h) Plan.--Subject to the availability of funds under subsection (j), each university consortium, in cooperation with other land-grant colleges and universities and private industry in accordance with paragraph (2), shall jointly develop and submit to the Secretary, for approval, a plan for addressing at the State and regional levels the bioenergy, biomass, and gasification research priorities of the Department of Agriculture and the Department of Energy for making grants under paragraphs (1) and (2) of subsection (e). ``SEC. 9012. BIO ENERGY CONSORTIUM. ``(a) Establishment.--The Secretary of Agriculture shall establish a Bio Energy Consortium led by 5 universities selected by the Secretary that meet criteria of excellence across a wide range of expertise, experience, and reputation. These universities shall have responsibility for regional and disciplinary organization across the United States to identify talents and expertise that contributes to advancing biomass for energy and incorporate teams to address priority issues and to accelerate biomass for energy technologies. The lead universities are responsible for avoiding redundancy, bringing the best science to address issues and developing an integrated nationwide program. Identification of the best science for selected areas of research may be structured under a peer review competitive process developed by the 5 lead universities. ``(b) External Advisory Group.--The Bio Energy Consortium and each of the 5 lead universities selected under subsection (a) shall each-- ``(1) be advised by external advisory group selected by the regional consortium and be comprised of stakeholders in the region and that have broad range of expertise; and ``(2) submit an annual report to the advisory group defining the research, extension, and teaching programs and accomplishments during of each entity submitting a report during the year for which the report is submitted. ``(c) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary to carry out this section $50,000,000 for each of fiscal years 2008 through 2017.''	Biofuels Research Initiative Act of 2007 - Amends the Farm Security and Rural Investment Act of 2002 to direct the Secretary of Agriculture to establish grants to the lead land grant university for each regional consortium. Prescribes the use of such grants. Requires each regional university consortium to provide competitive grants to Agricultural and Land Grant colleges and universities in the region of the consortium. Directs the Secretary to establish a Bio Energy Consortium led by five universities meeting specified criteria, which shall be responsible to identify talents and expertise that contribute to advancing biomass for energy.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Support for Survivors Act''. SEC. 2. PRESERVATION OF DOCUMENTARY EVIDENCE OF DEPARTMENT OF DEFENSE ON INCIDENTS OF SEXUAL ASSAULT AND SEXUAL HARASSMENT IN THE MILITARY. (a) Identification of Means of Preservation.-- (1) In general.--The Secretary of Defense shall, in consultation with the Secretary of Veterans Affairs, identify the most appropriate and effective means for the preservation by the Department of Defense of documentary evidence of the Department on covered incidents of sexual assault and sexual harassment during the life of the victims of such incidents. The means so identified shall be a single means that is used uniformly by all the military departments. (2) Documentary evidence.--For purposes of this section, documentary evidence on covered incidents of sexual assault and sexual harassment means the following: (A) All forms, reports, or other documents, whether in paper or electronic form, currently generated by the Department of Defense at the time of, or otherwise in connection with, a report or allegation regarding a covered incident of sexual assault or sexual harassment. (B) Such other form, report, or document as may be established by the Secretary of Defense, in consultation with the Secretary of Veterans Affairs, for purposes of compliance with the requirements of this section as a result of the work of the joint task force under paragraph (6). (3) Requirements for means identified.--The means for the preservation of documentary evidence identified under this subsection shall ensure the following: (A) The preservation by the Department of Defense of documentary evidence of the Department on covered incidents of sexual assault and sexual harassment during the life of the victims of such incidents. (B) The full protection of the privacy of the victims, including, where applicable, the preservation of the nature of the documentary evidence as restricted or unrestricted. (C) Lifetime access of the victim to the documentary evidence, whether or not while a member of the Armed Forces, including for purposes of the submittal or development of a claim for benefits from the Department of Veterans Affairs and for use in a criminal or civil proceeding in connection with a covered incident of sexual assault or sexual harassment. (D) On-going access by the Department of Defense to the documentary evidence (with personal identifying information redacted in the case of restricted reports) for purposes of research, reporting, and training by the Department regarding incidents of sexual assault and sexual harassment and for such other purposes as the Secretary of Defense considers appropriate. (E) On-going access by the Department of Veterans Affairs to the documentary evidence for purposes of assisting an individual in the submittal or development of a claim for benefits from the Department, but only if the individual expressly authorizes such access by the Department for such purposes. (4) Method of preservation.--The means for the preservation of documentary evidence identified under this subsection shall provide for the preservation of such evidence in digitized, electronic form. (5) Utilization of current means of preservation.--The means for the preservation of documentary evidence identified under this subsection may utilize or incorporate elements of databases or other means of document preservation currently employed by the Department of Defense, subject to the requirements of this subsection. (6) Joint task force on superseding form.-- (A) In general.--The Secretary of Defense and the Secretary of Veterans Affairs shall establish a joint task force for purposes of recommending to the Secretary of Defense whether or not to establish under paragraph (2)(B) a form, report, or document to be generated by the Department of Defense in lieu of the forms, reports, and documents described in paragraph (2)(A). The task force shall be composed of officers and employees of the Department of Defense and the Department of Veterans Affairs appointed to the task force by the Secretary of Defense and the Secretary of Veterans Affairs, as applicable. (B) Report.--The joint task force shall submit to the Secretary of Defense and the Secretary of Veterans Affairs a report setting forth the recommendation of the task force under subparagraph (A). If the recommendation is to establish a form, report, or document, the report shall include a proposal for such form, report, or document. (7) Report.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report on the means for the preservation of documentary evidence in covered incidents of sexual assault and sexual harassment identified under this subsection. The report shall set forth the following: (A) A comprehensive description of the means for the preservation of documentary evidence identified under this subsection. (B) A description of the work of the joint task force under paragraph (6), including the form, report, or document, if any, to be established under paragraph (2)(A) as a result of such work. (C) A plan for the implementation of the means so identified by the Department of Defense. (D) Such recommendations for additional legislative or administrative action as the Secretary considers appropriate. (b) Implementation of Identified Means of Preservation.-- (1) In general.--The Secretary of Defense shall provide for the implementation by the military departments of the means for the preservation of documentary evidence on covered incidents of sexual assault and sexual harassment identified under subsection (a) by not later than 18 months after the date of the enactment of this Act. If the Secretary establishes a form, report, or document under subsection (a)(2)(B), the means so implemented shall provide for the preservation of such evidence utilizing such form, report, or document. (2) Interim means.--If the means for the preservation of documentary evidence identified under subsection (a) is not fully implementable by the deadline specified in paragraph (1), the Secretary shall implement such means to the extent practicable, but may utilize additional appropriate means for the preservation of such evidence (including the preservation of such evidence in paper form) on an interim basis pending the full implementation of such means. (3) Reports.--Not later than one year after the completion of the implementation of the means for the preservation of documentary evidence by the military departments under paragraph (1), and every year thereafter for the next two years, the Secretary of Defense shall submit to Congress a report on the implementation of the means for the preservation of documentary evidence. Each report shall set forth the following: (A) A current description and assessment of the implementation by the military departments of the means for the preservation of documentary evidence. (B) For the one-year period ending on the date of such report, the following: (i) In consultation with the Secretary of Veterans Affairs, a statement of the number of individuals who sought documentary evidence preserved by such means for the submittal or development of a claim for benefits from the Department of Veterans Affairs. (ii) A description and assessment of efforts to inform members of the Armed Forces regarding the preservation of documentary evidence on covered incidents of sexual assault and sexual harassment and of means for accessing evidence so preserved. (C) Such recommendations for additional legislative or administrative action as the Secretary of Defense considers appropriate. (c) Definitions.--In this section: (1) The term ``covered incident of sexual assault or sexual harassment'' means an incident of sexual assault or sexual harassment in which a member of the Armed Forces is the victim. (2) The term ``sexual assault'' means the following: (A) Rape. (B) Sexual assault. (C) Any other sexual misconduct covered by section 920 of title 10, United States Code (article 120 of the Uniform Code of Military Justice). (D) Sodomy. (E) Any other intentional sexual contact, characterized by use of force, threats, intimidation, abuse of authority, or when the victim does not or cannot consent. (F) Any other unwanted sexual contact that is aggravated, abusive, or wrongful, including unwanted and inappropriate sexual contact. (G) Any attempt to commit an act specified in subparagraphs (A) through (F). (3) The term ``sexual harassment'' means sexual discrimination that involves unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature when-- (A) submission to or rejection of such conduct is made either explicitly or implicitly a term or condition of a person's service, pay, or retention or promotion in the Armed Forces; (B) submission to or rejection of such conduct by a person is used as a basis for decisions affecting the person's service, pay, or retention or promotion in the Armed Forces; or (C) such conduct interferes with a person's performance of duty in the Armed Forces or creates an intimidating, hostile, or offensive environment for the performance of such duty.	Support for Survivors Act - Directs the Secretary of Defense to identify the most appropriate and effective means for the preservation by the Department of Defense (DOD) of documentary evidence of incidents of sexual assault or harassment in which a member of the Armed Forces is the victim (covered incidents), which shall be a single means to be used by all the military departments. Requires the means identified to be in electronic form and to include the full protection of the victim's privacy and lifetime access to such evidence. Directs the Secretary and the Secretary of Veterans Affairs (VA) to establish a joint task force to determine whether to establish a documentary evidence form, report, or document in lieu of forms, reports, and documents currently generated by DOD. Requires the Secretary to: (1) report to Congress on the means of preservation identified; and (2) provide for the implementation of such means by the military departments within 18 months after the enactment of this Act.