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SECTION 1. SHORT TITLE. This Act may be cited as the ``Military Reservists Small Business Relief Act''. SEC. 2. REPAYMENT DEFERRAL FOR ACTIVE DUTY RESERVISTS. Section 7 of the Small Business Act (15 U.S.C. 636) is amended by adding at the end the following new subsection: ``(n) Repayment Deferred for Active Duty Reservists.-- ``(1) In general.--The Administration shall, upon written request, defer repayment of a direct loan made pursuant to subsection (a) or (b), if such loan was incurred by a qualified borrower. ``(2) Definitions.--For purposes of this subsection, the following definitions shall apply: ``(A) Qualified borrower.--The term `qualified borrower' means-- ``(i) an individual who is an eligible Reserve and who received a direct loan under subsection (a) or (b) before being called or ordered to, or retained on, active duty as described in subparagraph (B); or ``(ii) a small business concern that received a direct loan under subsection (a) or (b) before an eligible Reserve, who is an owner, manager, or key employee described in subparagraph (C), was called or ordered to, or retained on, active duty as described in subparagraph (B). ``(B) Eligible reserve.--The term `eligible Reserve' means a member of a reserve component of the Armed Forces serving pursuant to a call or order to active duty, or retention on active duty, during a period of military conflict. ``(C) Owner, manager, or key employee.--An eligible Reserve is an owner, manager, or key employee described in this subparagraph if the eligible Reserve is an individual who-- ``(i) has not less than a 20 percent ownership interest in the small business concern described in subparagraph (A)(ii); ``(ii) is a manager responsible for the day-to-day operations of such small business concern; or ``(iii) is a key employee (as defined by the Administration) of such small business concern. ``(D) Period of military conflict.--The term `period of military conflict' means-- ``(i) a period of war declared by the Congress; ``(ii) a period of national emergency declared by the Congress or by the President; or ``(iii) a period for which members of reserve components of the Armed Forces are serving on active duty in the Armed Forces under a call or order to active duty, or retention on active duty, under section 688, 12301(a), 12302, 12304, or 12306 of title 10, United States Code. ``(3) Period of deferral.--The period of deferral for repayment under this subsection shall begin on the date on which the eligible Reserve is ordered to active duty during any period of military conflict and shall terminate on the later of-- ``(A) 180 days after the date on which such eligible Reserve is discharged or released from that active duty; and ``(B) 180 days after the date of enactment of this subsection.''. ``(4) No accrual of interest during deferral.--During the period of deferral described in paragraph (3), repayment of principal and interest on the deferred loan shall not be required and no interest shall accrue on such loan.''. SEC. 3. DISASTER LOAN ASSISTANCE FOR MILITARY RESERVISTS' SMALL BUSINESSES. (a) In General.--Section 7(b) of the Small Business Act (15 U.S.C. 636(b)) is amended by inserting after the undesignated paragraph that begins ``Provided, That no loan'', the following new paragraph: ``(3)(A) The Administration may make such disaster loans (either directly or in cooperation with banks or other lending institutions through agreements to participate on an immediate or deferred basis) to assist a small business concern (including a small business concern engaged in the lease or rental of real or personal property) that has suffered or is likely to suffer economic injury as the result of the owner, manager, or key employee of such small business concern being ordered to active duty during a period of military conflict. ``(B) Any loan or guarantee under this paragraph shall be made at an annual interest rate of not more than 4 percent, without regard to the ability of the small business concern to secure credit elsewhere. ``(C) No loan shall be made under this paragraph, either directly or in cooperation with banks or other lending institutions through agreements to participate on an immediate or deferred basis, if the total amount outstanding and committed to the borrower under this subsection would exceed $500,000, except that the Administration may waive the $500,000 limitation if the Administration determines that the applicant constitutes a major source of employment in an area not larger than a county that is suffering a disaster. ``(D) For purposes of assistance under this paragraph, no declaration of a disaster area shall be required. ``(E) For purposes of this paragraph-- ``(i) the term `period of military conflict' means-- ``(I) a period of war declared by the Congress; ``(II) a period of national emergency declared by the Congress or by the President; or ``(III) a period for which members of reserve components of the Armed Forces are serving on active duty in the Armed Forces under a call or order to active duty, or retention on active duty, under section 688, 12301(a), 12302, 12304, or 12306 of title 10, United States Code; ``(ii) the term `economic injury' includes the inability of a small business concern to market or produce a product or to provide a service ordinarily provided by the small business concern; and ``(iii) the term `owner, manager, or key employee' means an individual who-- ``(I) has not less than a 20 percent ownership in the small business concern; ``(II) is a manager responsible for the day-to-day operations of such small business concern; or ``(III) is a key employee (as defined by the Administration) of such small business concern.''. (b) Conforming Amendments.--Section 4(c) of the Small Business Act (15 U.S.C. 633(c)) is amended-- (1) in paragraph (1), by striking ``7(b)(4),''; and (2) in paragraph (2), by striking ``7(b)(4), 7(b)(5), 7(b)(6), 7(b)(7), 7(b)(8),''. SEC. 4. REGULATIONS. Not later than 30 days after the date of enactment of this Act, the Small Business Administration may issue such regulations as may be necessary to carry out the amendments made by sections 2 and 3. SEC. 5. APPLICABILITY AND EFFECTIVE DATES. (a) Applicability.--This Act and the amendments made by this Act shall not apply to any member of a reserve component of the Armed Forces serving pursuant to a call or order to active duty, or retention on active duty, during a period of military conflict, who is eligible to participate in the Ready Reserve Mobilization Income Insurance Program established under section 512 of the National Defense Authorization Act for Fiscal Year 1996. (b) Effective Dates.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this Act shall take effect on the date of enactment of this Act. (2) Exceptions.-- (A) Loan repayment deferral.--The amendment made by section 2 shall apply with respect to any eligible Reserve called or ordered to, or retained on, active duty as the result of a period of military conflict occurring on or after August 1, 1990. (B) Disaster loans.--The amendments made by section 3 shall apply to economic injury suffered or likely to be suffered as the result of a period of military conflict occurring on or after August 1, 1990. (c) Definitions.--For purposes of this section-- (1) the term ``economic injury'' has the same meaning as in section 7(b)(3)(E) of the Small Business Act, as added by section 3 of this Act; (2) the term ``eligible Reserve'' has the same meaning as in section 7(n)(2) of the Small Business Act, as added by section 2 of this Act; and (3) the term ``period of military conflict'' has the same meaning as in section 7(n)(2) of the Small Business Act, as added by section 2 of this Act.	Military Reservists Small Business Relief Act - Amends the Small Business Act to direct the Administrator of the Small Business Administration (SBA), upon request, to defer repayment of a direct loan made to: (1) an individual who is a reservist who received such loan before being called or ordered to, or retained on, active duty; or (2) a small business that received such loan before a reservist who is an owner, manager, or key employee of such small business was so called, ordered, or retained. Extends the loan deferral period from the date the individual is so called, ordered, or retained until the later of 180 days after: (1) such individual is released; or (2) the enactment of this Act, with no accrual of interest during such period. Authorizes the SBA to make disaster loans to assist a small business that has suffered or is likely to suffer economic injury as the result of its owner, manager, or key employee being ordered to active duty during a period of military conflict. Limits to $500,000 the amount outstanding and committed on each loan.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Robocall Enforcement Improvements Act of 2014''. SEC. 2. ENFORCEMENT AUTHORITY RELATING TO NON-LICENSEE ROBOCALLERS. (a) Authority To Impose Forfeitures Without First Issuing Citations.--Section 503(b)(5) of the Communications Act of 1934 (47 U.S.C. 503(b)(5)) is amended in the second sentence-- (1) by striking ``or in the case of'' and inserting ``in the case of''; and (2) by inserting before the period at the end the following: ``, or if the person involved is engaging in violations of section 227(b)(1) of this title''. (b) Expansion of Statute of Limitations.--Section 503(b)(6)(B) of the Communications Act of 1934 (47 U.S.C. 503(b)(6)(B)) is amended-- (1) by striking ``occurred more than 1 year'' and inserting the following: ``occurred-- ``(i) except as provided in clause (ii), more than 1 year''; (2) by striking ``liability.'' and inserting ``liability; or''; and (3) by inserting after clause (i), as designated, the following: ``(ii) in the case of a violation of section 227(b)(1) of this title, more than 3 years prior to the date of issuance of the required notice of apparent liability.''. (c) Increase in Maximum Forfeiture.--Section 503(b)(2) of the Communications Act of 1934 (47 U.S.C. 503(b)(2)) is amended-- (1) in subparagraph (D), by striking ``or (C)'' and inserting ``(C), (F), or (G)''; and (2) by adding at the end the following: ``(G) If the violator does not hold, and is not an applicant for, a license, permit, certificate, or other authorization issued by the Commission-- ``(i) the amount of any forfeiture penalty determined under this subsection for a violation of section 227(b)(1) of this title shall not exceed $25,000 for each violation or each day of a continuing violation; and ``(ii) there shall be no limit on the total amount assessed for any continuing violation of section 227(b)(1) of this title.''. SEC. 3. AMENDMENTS TO TRUTH IN CALLER ID ACT OF 2009. (a) Communications From Outside United States.--Section 227(e)(1) of the Communications Act of 1934 (47 U.S.C. 227(e)(1)) is amended by inserting ``or any person outside the United States if the recipient is within the United States,'' after ``United States,''. (b) Clarification of Definition of ``IP-Enabled Voice Service''.-- Section 227(e)(8)(C) of the Communications Act of 1934 (47 U.S.C. 227(e)(8)(C)) is amended by striking ``has the meaning'' and all that follows and inserting the following: ``means the provision of real-time voice communications offered to the public, or such class of users as to be effectively available to the public, transmitted using Internet protocol, or a successor protocol, (whether part of a bundle of services or separately) with interconnection capability such that the service can originate traffic to, or terminate traffic from, the public switched telephone network, or a successor network.''. (c) Spoofing Service.-- (1) In general.--Section 227(e) of the Communications Act of 1934 (47 U.S.C. 227(e)) is amended-- (A) by striking paragraph (4); (B) by redesignating paragraph (3) as paragraph (4); (C) by inserting after paragraph (2) the following: ``(3) Spoofing services.-- ``(A) In general.--A provider of a spoofing service shall take such steps as the Commission may prescribe to verify that a person does not use the service in violation of this subsection. ``(B) Recordkeeping and reporting.--The Commission shall impose reasonable recordkeeping and reporting obligations on a provider of a spoofing service, and shall adopt any other regulation that the Commission determines necessary, to prevent or investigate violations of this subsection. ``(C) Subpoena authority.--Notwithstanding chapter 121 of title 18, United States Code, for purposes of enforcing this subsection, the Commission may by subpoena require a provider of a spoofing service to disclose to the Commission the caller identification information transmitted by a subscriber to or customer of the spoofing service.''; and (D) in paragraph (8), by adding at the end the following: ``(D) Spoofing service.--The term `spoofing service' means a service that substitutes, or permits a user to substitute, another name or any number (including a telephone number, pseudo-number, or other number) for display as the caller identification information for a call or text message.''. (2) Conforming amendment.--Section 227(e)(1) of the Communications Act of 1934 (47 U.S.C. 227(e)(1)), as amended by subsection (a), is amended by striking ``paragraph (3)(B)'' and inserting ``paragraph (4)(B)''. (d) Text Messaging Service.--Section 227(e)(8) of the Communications Act of 1934 (47 U.S.C. 227(e)(8)) is amended-- (1) in subparagraph (A), by inserting ``(including a text message sent using a text messaging service)'' before the period at the end; (2) in the first sentence of subparagraph (B), by inserting ``(including a text message sent using a text messaging service)'' before the period at the end; and (3) by adding at the end the following: ``(D) Text message.--The term `text message'-- ``(i) means a real-time or near real-time message consisting of text, images, sounds, or other information that is transmitted from or received by a device that is identified as the transmitting or receiving device by means of a telephone number; ``(ii) includes a short message service (commonly referred to as `SMS') message, an enhanced message service (commonly referred to as `EMS') message, and a multimedia message service (commonly referred to as `MMS') message; and ``(iii) does not include a real-time, 2-way voice or video communication. ``(E) Text messaging service.--The term `text messaging service' means a service that permits the transmission or receipt of a text message, including a service provided as part of or in connection with a telecommunications service or an IP-enabled voice service.''. (e) Savings Clause.--Section 227(e) of the Communications Act of 1934 (47 U.S.C. 227(e)) is amended by adding at the end the following: ``(10) Savings clause.--Nothing in this subsection shall be construed to-- ``(A) modify or limit the authority of the Commission under the Telephone Consumer Protection Act of 1991 (Public Law 102-243; 105 Stat. 2394), the amendments made by that Act, or the CAN-SPAM Act of 2003 (15 U.S.C. 7701 et seq.), as of the day before the date of enactment of the Robocall Enforcement Improvements Act of 2014, to interpret the term `call' to include a text message; or ``(B) modify, limit, or otherwise affect any rule or order adopted by the Commission in connection with the Telephone Consumer Protection Act of 1991, the amendments made by that Act, or the CAN-SPAM Act of 2003.''. (f) Regulations.-- (1) In general.--Section 227(e)(3)(A) of the Communications Act of 1934 (47 U.S.C. 227(e)(3)(A)) is amended by striking ``Not later than 6 months after the date of enactment of the Truth in Caller ID Act of 2009, the Commission'' and inserting ``The Commission''. (2) Deadline.--Not later than 18 months after the date of enactment of this Act, the Federal Communications Commission shall prescribe regulations to implement the amendments made by this section. (g) Effective Date.--The amendments made by this section shall take effect on the date that is 6 months after the date on which the Federal Communications Commission prescribes regulations to implement the amendments made by this section. SEC. 4. SENSE OF CONGRESS. It is the sense of Congress that-- (1) telecommunications carriers have the legal authority to offer consumers services that block or filter robocalls; and (2) the Federal Government, including the Federal Communications Commission and the Federal Trade Commission, should encourage telecommunications carriers to develop and implement the services described in paragraph (1).	Robocall Enforcement Improvements Act of 2014 - Amends the Communications Act of 1934 to authorize the Federal Communications Commission (FCC) to impose forfeiture penalties without first sending a citation regarding the charged violation against persons not licensed by the FCC who violate prohibitions on the use of automated telephone equipment. (Currently, if existing exceptions do not apply, forfeiture penalties may not be imposed unless the person is sent a citation prior to a notice of apparent liability and that person subsequently engages in the same type of conduct described in the citation.) Expands the statute of limitations period and increases the maximum forfeiture penalty applicable to non-licensed automated telephone equipment violations. Expands prohibitions on the provision of inaccurate caller identification information to persons outside the United States if the recipient is within the United States. Directs providers of spoofing services to take such steps as the FCC may prescribe to verify that users do not engage in caller identification information violations. Defines "spoofing service" as a service that substitutes, or permits a user to substitute, another name or any number for display as the caller identification information for a call or text message. Requires the FCC to impose recordkeeping and reporting obligations on spoofing service providers. Authorizes the FCC to subpoena caller identification information transmitted by a subscriber to or customer of the spoofing service. Expands the definition "caller identification information" to include text messages. Expresses the sense of Congress that: (1) telecommunications carriers have the legal authority to offer consumers services that block or filter robocalls, and (2) the federal government should encourage telecommunications carriers to develop and implement such services.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Service for Healthier Kids Act''. SEC. 2. INTERAGENCY AGREEMENT TO PROMOTE NUTRITION ASSISTANCE PROGRAMS. (a) Interagency Agreement.-- (1) Secretary of agriculture.-- (A) In general.--From the amounts appropriated under subsection (c), the Secretary of Agriculture may enter into an interagency agreement, in accordance with section 192A(g)(10) of the National and Community Service Act of 1990 (42 U.S.C. 12651b(g)(10)), with the Corporation for National and Community Service to support a Nutrition Corps to carry out the national service programs described in subsection (b) by providing services that-- (i) increase access to, and participation in, the nutrition assistance programs administered by the Secretary of Agriculture; (ii) improve the quality of the nutrition assistance programs; and (iii) support local agriculture and farm to school initiatives undertaken by the Secretary of Agriculture. (B) Nutrition corps assistance.--From the amounts appropriated under subsection (c), the Secretary of Agriculture, in entering into the interagency agreement under subparagraph (A), may provide to the Corporation for National and Community Service-- (i) funds to be transferred to the National Service Trust established under section 145 of the National and Community Service Act of 1990 (42 U.S.C. 12601) to provide in-service or post-service benefits to; or (ii) funds to otherwise support, participants serving in the Nutrition Corps who are enrolled in a national service program authorized under the National and Community Service Act of 1990 (42 U.S.C. 12501 et seq.) or the Domestic Volunteer Service Act of 1973 (42 U.S.C. 4950 et seq.). (2) Corporation for national and community service.--The Corporation, in entering into the interagency agreement under paragraph (1), shall approve, in accordance with section 192A(g)(10) of the National and Community Service Act of 1990 (42 U.S.C. 12651b(g)(10)), positions for the national service programs carried out by the Nutrition Corps as approved national service positions. (b) Nutrition Corps.-- (1) National service programs.--The national service programs carried out by the Nutrition Corps shall-- (A) address unmet health needs within communities by providing services that-- (i) improve access to, and increase participation in, the nutrition assistance programs administered by the Secretary of Agriculture; (ii) improve the quality of the nutrition assistance programs; and (iii) support local agriculture and farm- to-school initiatives undertaken by the Secretary of Agriculture; and (B) comply with the nonduplication and nondisplacement requirements of section 177 of the National and Community Service Act (42 U.S.C. 12637). (2) Services authorized to be provided.--The services provided by the national service programs under paragraph (1) may include-- (A) helping expand in-classroom breakfast under the school breakfast program authorized under section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773) by assisting with set up and clean up; (B) expanding access to the summer food service program authorized under section 13 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1761) by assisting with activities for children, transporting and preparing food, and conducting outreach to recruit sponsors and participants; (C) helping educate and train program providers for the nutrition assistance programs, which may include assisting home providers under the child and adult care food program authorized under section 17 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1786) in promoting healthy food choices and physical activity among children; (D) helping clinics participating in the special supplemental nutrition program for women, infants, and children authorized under section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786) with services requested by such clinics; (E) conducting community needs assessments in support of efforts to reduce obesity, promote healthy eating, and end childhood hunger; (F) helping promote local agriculture and farm-to- school initiatives undertaken by the Secretary of Agriculture; and (G) coordinating and convening community stakeholders to cross-promote nutrition programs and lead related planning processes. (c) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this section for fiscal year 2011 and each of fiscal years 2012 through 2015.	Service for Healthier Kids Act - Authorizes the Secretary of Agriculture to enter into an interagency agreement with the Corporation for National and Community Service that provides the Corporation with funding for a Nutrition Corps to carry out national service programs that: (1) increase access to, participation in, and the quality of, the nutrition assistance programs the Secretary administers; and (2) support local agriculture and farm to school initiatives undertaken by the Secretary.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Learning Opportunities Created At Local Level Act'' or the ``LOCAL Level Act''. SEC. 2. FINDINGS AND SENSE OF CONGRESS. (a) Findings.--Congress finds the following: (1) Section 9527 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7907), as in effect on the day before the date of enactment of this Act, prohibits the Federal Government from mandating, directing, or controlling a State, local educational agency, or school's curriculum, program of instruction, or allocation of State and local resources, and from mandating a State or any subdivision thereof to spend any funds or incur any costs not paid for under such Act. (2) Section 9529 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7909), as in effect on the day before the date of enactment of this Act, prohibits the Federal Government from funding the development, pilot testing, field testing, implementation, administration, or distribution of any Federally sponsored national test in reading, mathematics, or any other subject, unless specifically and explicitly authorized by law. (3) Despite these prohibitions, the Secretary of Education, through 3 separate initiatives, has created a system of waivers and grants that influence, incentivize, and coerce State educational agencies into implementing common national elementary and secondary school standards and assessments endorsed by the Secretary. (4) The Race to the Top Fund, as established by the Secretary of Education under sections 14005 and 14006 of the American Recovery and Reinvestment Act of 2009 (Public Law 111- 5, 123 Stat. 282), encouraged and incentivized States to adopt the Common Core State Standards developed by the National Governors Association Center for Best Practices and the Council of Chief State School Officers. (5) The Race to the Top assessment grants awarded to the Partnership for Assessment of Readiness for College and Careers (PARCC) and Smarter Balanced Assessment Consortium (SMARTER Balance) initiated the development of assessments aligned with the Common Core State Standards that will, in turn, inform and ultimately influence kindergarten through grade 12 curriculum and instructional materials. (6) The conditions imposed by the Secretary of Education through the flexibility waiver authority provided to the Secretary pursuant to section 9401 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7861) have coerced States into accepting Common Core State Standards and assessments aligned with such Standards. (b) Sense of Congress.--It is the sense of Congress that-- (1) States and local educational agencies should maintain the rights and responsibilities of determining educational curricula, programs of instruction, and assessments for elementary and secondary education; and (2) States are sovereign entities that deserve deep and abiding respect from the Federal Government, and State legislatures have a responsibility to their citizens to resist Federal encroachment on the constitutional autonomy of States regarding education. SEC. 3. PROHIBITIONS ON FEDERAL GOVERNMENT AND USE OF FEDERAL FUNDS. Section 9527 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7907) is amended to read as follows: ``SEC. 9527. PROHIBITION AGAINST FEDERAL MANDATES, DIRECTION, OR CONTROL. ``(a) In General.--An officer or employee of the Federal Government shall not directly or indirectly, through grants, contracts, or other cooperative agreements under this Act (including through any waiver provided under the Secretary's authority pursuant to section 9401)-- ``(1) mandate, direct, or control a State, local educational agency, or school's specific instructional content, academic standards, assessments, curriculum, or program of instruction (including through any requirement, direction, or mandate to adopt the Common Core State Standards developed under the Common Core State Standards Initiative or any other academic standards common to a significant number of States); ``(2) incentivize a State, local educational agency, or school to adopt any specific instructional content, academic standards, assessments, curriculum, or program of instruction as described in paragraph (1), which shall include providing any priority, preference, or special consideration during the application process based on any specific content, standards, assessments, curriculum, or program; ``(3) mandate a State or any subdivision thereof to spend any funds or incur any costs not paid for under this Act; or ``(4) make financial support available in a manner that is conditioned upon a State, local educational agency, or school's adoption of specific instructional content, academic standards, assessments, curriculum, or program of instruction, (including any requirement, direction, or mandate to adopt the Common Core State Standards developed under the Common Core State Standards Initiative, any other academic standards common to a significant number of States, or any assessment, instructional content, or curriculum aligned to such standards), even if such requirements are specified in section 14006 or 14007 of the American Recovery and Reinvestment Act of 2009 (Public Law 111- 5; 123 Stat. 281) or any other Act. ``(b) Rule of Construction.--Nothing in this Act shall be construed to authorize an officer or employee of the Federal Government directly or indirectly, whether through a grant, contract, or cooperative agreement (including through any waiver provided under the Secretary's authority pursuant to section 9401), to do any activity prohibited under subsection (a). ``(c) Prohibition on Endorsement of Curriculum.--Notwithstanding any other prohibition of Federal law, no funds provided to the Department under this Act may be used by the Department directly or indirectly, through grants, contracts, or cooperative agreements (including through any waiver provided under the Secretary's authority pursuant to section 9401), to endorse, approve, develop, require, or sanction any curriculum designed to be used in an elementary school or secondary school, including any curriculum aligned to the Common Core State Standards developed under the Common Core State Standards Initiative, or any other academic standards common to a significant number of States, designed to be used in an elementary school or secondary school. ``(d) Prohibition on Requiring Federal Approval or Certification of Standards.--Notwithstanding title I, part A of title VI, or any other provision of Federal law, no State shall be required to have academic standards approved or certified by the Federal Government, in order to receive assistance under this Act. ``(e) Rule of Construction on Building Standards.--Nothing in this Act shall be construed to mandate national school building standards for a State, local educational agency, or school.''. SEC. 4. PROHIBITION ON FEDERALLY SPONSORED TESTING AND TESTING MATERIALS. Section 9529 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7909) is amended to read as follows: ``SEC. 9529. PROHIBITION ON FEDERALLY SPONSORED TESTING AND TESTING MATERIALS. ``(a) General Prohibition.--Notwithstanding any other provision of Federal law and except as provided in subsection (b), no funds provided under this Act to the Secretary or to the recipient of any award may be used to develop, pilot test, field test, implement, administer, or distribute-- ``(1) any Federally sponsored national test or testing materials in reading, mathematics, or any other subject, unless specifically and explicitly authorized by law; or ``(2) any assessment or testing materials aligned to the Common Core State Standards developed under the Common Core State Standards Initiative or any other academic standards common to a significant number of States. ``(b) Exceptions.--Subsection (a) shall not apply to international comparative assessments developed under the authority of section 153(a)(5) of the Education Sciences Reform Act of 2002 and administered to only a representative sample of pupils in the United States and in foreign nations.''. SEC. 5. PROHIBITION ON THE USE OF RACE TO THE TOP FUNDS FOR COMMON CORE STATE STANDARDS ASSESSMENTS. Notwithstanding any other provision of law, no funds provided under section 14006 of the American Recovery and Reinvestment Act of 2009 (Public Law 111-5, 123 Stat. 283) shall be used to develop, pilot test, field test, implement, administer, or distribute any assessment or testing materials aligned to the Common Core State Standards developed under the Common Core State Standards Initiative or any other academic standards common to a significant number of States.	Learning Opportunities Created At Local Level Act or the LOCAL Level Act - Expresses the sense of Congress that state and local prerogatives over elementary and secondary education need to be preserved. Amends the Elementary and Secondary Education Act of 1965 (ESEA) to prohibit any federal officer or employee from directly or indirectly, through grants, contracts, or other cooperative agreements under the ESEA: mandating, directing, or controlling a state's, local educational agency's (LEA's), or school's specific instructional content, academic standards, assessments, curriculum, or program of instruction; incentivizing such an entity's adoption of any specific instructional content, academic standards, assessments, curriculum, or program of instruction; mandating a state or any subdivision thereof to spend any funds or incur any costs not paid for under the ESEA; or conditioning the availability of financial support on a state's, LEA's, or school's adoption of any specific instructional content, academic standards, assessments, curriculum, or program of instruction, even if such conditions are specified under any other Act. Prohibits any funds provided to the Department of Education under the ESEA from being used by the Department directly or indirectly, through grants, contracts, or other cooperative agreements, to endorse, approve, develop, require, or sanction any elementary or secondary school curriculum. Prohibits conditioning any state's receipt of ESEA assistance on the approval or certification of its academic standards by the federal government. Includes in the prohibition against the use of ESEA funds on federally sponsored testing and testing materials such use on any assessment or testing materials aligned to the Common Core State Standards or any other academic standards common to a significant number of states. Prohibits the use of Race to the Top funds, provided under the American Recovery and Reinvestment Act of 2009, on such aligned assessment or testing materials.
SECTION 1. MORTGAGE PAYMENT ASSISTANCE TO AVOID FORECLOSURE OF HOME LOANS GUARANTEED UNDER TITLE 38. (a) In General.--(1) Chapter 37 of title 38, United States Code, is amended by inserting after section 3714 the following new section: ``Sec. 3715. Loans to refinance delinquent indebtedness ``(a)(1) The Secretary may, at the Secretary's option, provide assistance to a veteran under this section for the purpose of avoiding the foreclosure of a housing loan made to that veteran and guaranteed by the Secretary under section 3710 or 3712 of this title (hereinafter in this section referred to as a `primary loan'). ``(2) Assistance under this section shall be in the form of a loan to the veteran. Such assistance may be provided only if-- ``(A) the dwelling that secures the primary loan is the current residence of the veteran and is occupied by the veteran as the veteran's home; ``(B) the veteran is at least six months delinquent in payments on that primary loan; ``(C) the veteran has lost employment or has had a substantial reduction in household income (as defined in regulations prescribed by the Secretary) through no fault of the veteran; and ``(D) the Secretary determines that there is a reasonable prospect that the veteran will be able to resume payment on the primary loan within six months after receiving assistance under this section. ``(3) For the purposes of this section, the term `veteran' includes the surviving spouse of a veteran if the surviving spouse was a co- obligor of the primary loan. ``(b)(1) A loan under this section shall be advanced to the holder of the primary loan. The amount of the loan under this subsection shall first be applied to the amount delinquent on the loan guaranteed under this chapter including any amount delinquent on taxes, assessments, hazard insurance, and late charges required by the holder to be included in the veteran's monthly payment on the mortgage. ``(2) The Secretary may make more than one loan under this section to a veteran. The total amount of loans under this section to any veteran may not exceed $10,000. ``(c) A loan under this section-- ``(1) shall bear no interest until the date on which payments on the primary loan (including amounts for taxes, assessments, hazard insurance, and late charges required by the holder to be included in the veteran's monthly payment on the mortgage) are current; ``(2) shall be secured by a lien on the property securing the primary loan and by such other security as the Secretary may require; and ``(3) shall be subject to such additional terms and conditions as the Secretary may require. ``(d) As a condition of receiving a loan under this section the veteran shall execute an agreement, in such form as the Secretary may prescribe, to repay the loan within a reasonable period of time, as determined by the Secretary, not to exceed 15 years from the date on which such loan is made. If the Secretary determines that the veteran has sufficient income or other resources to do so, the Secretary may require the veteran to make partial payments on the primary loan guaranteed under this chapter during the period the holder of that loan is applying the amount of the loan under this section to payments becoming due on the primary loan. ``(e) Notwithstanding any other law, the Secretary may employ attorneys to bring suit to collect any amount of a loan under this section on which the veteran to whom the loan is made is in default. ``(f) The Secretary's decisions on any question of law or fact regarding assistance under this section, including whether or not to grant such assistance and the terms and conditions under which such assistance is granted or not granted, shall be final and conclusive, and no other official or any court of the United States shall have power or jurisdiction to review any such decision by an action in the nature of mandamus or otherwise. ``(g) A loan under this section shall be made from the fund established under section 3724 or 3725 of this title that is available with respect to the primary loan in connection with which the loan is made under this section.''. (2) The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 3714 the following new item: ``3715. Loans to refinance delinquent indebtedness.''. (b) Effective Date.--The amendments made by subsection (a), shall take effect at the end of the 60-day period beginning on the date of the enactment of this Act. SEC. 2. FINANCING OF DISCOUNT POINTS. Section 3703(c)(4)(B) of title 38, United States Code, is amended in the second sentence by striking out ``Discount'' and inserting in lieu thereof ``Except in the case of a loan for the purpose specified in section 3710(a)(8), 3710(b)(7), or section 3712(a)(1)(F) of this title, discount''. SEC. 3. RATE ADJUSTMENTS FOR ADJUSTABLE RATE MORTGAGES. Section 3707(b)(2) of title 38, United States Code, is amended by striking out ``on the anniversary of the date on which the loan was closed''.	Authorizes the Secretary of Veterans Affairs to provide assistance to a veteran to avoid foreclosure of a housing loan made and guaranteed by the Secretary through the Department of Veterans Affairs. Requires such assistance to be in the form of a loan. Outlines loan conditions, including that: (1) the dwelling that secures the primary loan is the current residence of the veteran; (2) the veteran is at least six months delinquent in mortgage payments; (3) the veteran has lost employment or suffered a substantial reduction in household income; and (4) there is a reasonable prospect that the veteran will be able to resume payment on the mortgage loan within six months after receiving such assistance. Authorizes the Secretary to make more than one loan to a veteran, with a per-veteran loan limitation of $10,000. Requires the veteran to execute an agreement with the Secretary to repay the loan within a reasonable period not to exceed 15 years. Frees the veteran from the payment of discount points for such loan. Revises the method of interest rate adjustment on mortgage loans guaranteed by the Secretary in a FY 1993 through 1995 demonstration project for guaranteeing loans in a manner similar to the manner in which the Secretary of Housing and Urban Development insures adjustable rate mortgages under the National Housing Act.
SECTION 1. CONSENT OF CONGRESS TO THE HISTORIC CHATTAHOOCHEE COMPACT BETWEEN THE STATES OF ALABAMA AND GEORGIA. The consent of Congress is given to the amendment of articles I, II, and III of the Historic Chattahoochee Compact between the States of Alabama and Georgia, which articles, as amended, read as follows: ``ARTICLE I ``The purpose of this compact is to promote the cooperative development of the Chattahoochee valley's full potential for historic preservation and tourism and to establish a joint interstate authority to assist in these efforts. ``ARTICLE II ``This compact shall become effective immediately as to the States ratifying it whenever the States of Alabama and Georgia have ratified it and Congress has given consent thereto. ``ARTICLE III ``The States which are parties to this compact (hereinafter referred to as `party States') do hereby establish and create a joint agency which shall be known as the Historic Chattahoochee Commission (hereinafter referred to as the `Commission'). The Commission shall consist of 28 members who shall be bona fide residents and qualified voters of the party States and counties served by the Commission. Election for vacant seats shall be by majority vote of the voting members of the Commission board at a regularly scheduled meeting. In Alabama, two shall be residents of Barbour County, two shall be residents of Russell County, two shall be residents of Henry County, two shall be residents of Chambers County, two shall be residents of Lee County, two shall be residents of Houston County, and two shall be residents of Dale County. In Georgia, one shall be a resident of Troup County, one shall be a resident of Harris County, one shall be a resident of Muscogee County, one shall be a resident of Chattahoochee County, one shall be a resident of Stewart County, one shall be a resident of Randolph County, one shall be a resident of Clay County, one shall be a resident of Quitman County, one shall be a resident of Early County, one shall be a resident of Seminole County, and one shall be a resident of Decatur County. In addition, there shall be three at- large members who shall be selected from any three of the Georgia member counties listed above. The Commission at its discretion may appoint as many advisory members as it deems necessary from any Georgia or Alabama County which is located in the Chattahoochee Valley area. The contribution of each party State shall be in equal amounts. If the party States fail to appropriate equal amounts to the Commission during any given fiscal year, voting membership on the Commission board shall be determined as follows: The State making the larger appropriation shall be entitled to full voting membership. The total number of members from the other State shall be divided into the amount of the larger appropriation and the resulting quotient shall be divided into the amount of the smaller appropriation. The then resulting quotient, rounded to the next lowest whole number, shall be the number of voting members from the State making the smaller contribution. The members of the Commission from the State making the larger contribution shall decide which of the members from the other State shall serve as voting members, based upon the level of tourism, preservation, promotional activity, and general support of the Commission's activities by and in the county of residence of each of the members of the State making the smaller appropriation. Such determination shall be made at the next meeting of the Commission following September 30 of each year. Members of the Commission shall serve for terms of office as follows: Of the 14 Alabama members, one from each of said counties shall serve for two years and the remaining member of each county shall serve for four years. Upon the expiration of the original terms of office of Alabama members, all successor Alabama members shall be appointed for four-year terms of office, with seven vacancies in the Alabama membership occurring every two years. Of the 14 Georgia members, seven shall serve four-year terms and seven two-year terms for the initial term of this compact. The terms of the individual Georgia voting members shall be determined by their place in the alphabet by alternating the four- and two-year terms beginning with Chattahoochee County, four years, Clay County, two years, Decatur County, four years, etc. Upon the expiration of the original terms of office of Georgia members, all successor Georgia members shall be appointed for four-year terms of office, with seven vacancies in the Georgia membership occurring every two years. Of the three Georgia at-large board members, one shall serve a four-year term and two shall serve two-year terms. ``All board members shall serve until their successors are appointed and qualified. Vacancies shall be filled by the voting members of the Commission. The first chairman of the commission created by this compact shall be elected by the board of directors from among its voting membership. Annually thereafter, each succeeding chairman shall be selected by the members of the Commission. The chairmanship shall rotate each year among the party States in order of their acceptance of this compact. Members of the Commission shall serve without compensation but shall be entitled to reimbursement for actual expenses incurred in the performance of the duties of the Commission.''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.	Grants the consent of the Congress to the amendment to articles I, II, and III of the Historic Chattahoochee Compact between Alabama and Georgia which: (1) provide that the purpose of the Compact is to promote the cooperative development of the Chattahoochee valley's full potential for historic preservation and tourism; (2) make such Compact effective immediately as to the States ratifying it whenever Alabama and Georgia have ratified it and the Congress has given its consent; and (3) permit the two States to establish a joint agency to be known as the Historic Chattahoochee Commission.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Child Care Facilities Financing Act''. SEC. 2. TECHNICAL AND FINANCIAL ASSISTANCE GRANTS. (a) Definitions.--In this section: (1) Child care facility.--The term ``child care facility'' means a center-based or home-based child care facility. (2) Eligible intermediary.--The term ``eligible intermediary'' means a private, nonprofit intermediary organization that has demonstrated experience in-- (A) providing technical or financial assistance for the construction and renovation of physical facilities; (B) providing technical or financial assistance to child care providers; and (C) securing private sources for capital financing of child care or other low-income community development. (3) Eligible recipient.--The term ``eligible recipient'' means-- (A) any existing or new center-based or home-based child care provider that provides services to eligible children under a program carried out under the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858 et seq.), or another program serving low-income children as determined by the Secretary; and (B) any organization in the process of establishing a center-based or home-based child care program or otherwise seeking to provide child care services to children described in subparagraph (A). (4) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. (b) Grant Authority.--The Secretary may award grants on a competitive basis in accordance with this section to eligible intermediaries to assist the intermediaries in carrying out the activities described in subsection (e). (c) Applications.--To be eligible to receive a grant under this section an eligible intermediary shall submit to the Secretary an application, in such form and containing such information as the Secretary may require. (d) Priority.-- (1) In general.--In awarding grants under this section the Secretary shall give priority to applicants under subsection (c) that propose to assist eligible recipients that serve-- (A) low-income areas, such as-- (i) a community that-- (I) is in a metropolitan area; and (II) has a median household income that is not more than 80 percent of the median household income of the metropolitan area; or (ii) a community that-- (I) is not in a metropolitan area; and (II) has a median income that is not more than 80 percent of the median household income of the State in which the community is located; or (B) low-income individuals, such as an individual who is an eligible child, as defined in section 658P of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858m). (2) Definition.--In this subsection, the term ``metropolitan area'' has the meaning given the term in section 102 of the Housing and Community Development Act of 1974 (42 U.S.C. 5302). (e) Use of Funds.-- (1) Revolving fund.--Each eligible intermediary that receives a grant under this section shall deposit the grant amount into a child care revolving fund established by the eligible intermediary. (2) Payments from fund.--Subject to subsection (f), from amounts deposited into the revolving fund under paragraph (1), each eligible intermediary shall provide technical and financial assistance (in the form of loans, grants, investments, guarantees, interest subsidies, and other appropriate forms of assistance) to eligible recipients to pay for the Federal share of the cost of the acquisition, construction, or improvement of child care facilities or equipment, or for the improvement of related management and business practices, for each such recipient. The amounts may be used solely for the purpose of providing technical or financial assistance. (3) Loan repayments and investment proceeds.--Any amount received by an eligible intermediary from an eligible recipient in the form of a loan repayment or investment proceeds shall be deposited into the child care revolving fund of the eligible intermediary for redistribution to other eligible recipients in accordance with this section. (f) Federal Share.-- (1) In general.--The Federal share of the cost described in subsection (e)(2) shall be not more than 50 percent. (2) Non-federal share.--The non-Federal share of the cost may be provided in cash or in kind, fairly evaluated, including plant, equipment, or services. (g) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $50,000,000 for each of fiscal years 2002 through 2006.	Child Care Facilities Financing Act - Authorizes the Secretary of Health and Human Services to award competitive grants to eligible intermediaries to deposit into child care revolving funds for technical and financial assistance to eligible recipients to pay the Federal matching share of costs of acquisition, construction, or improvement of center-based or home-based child care facilities or equipment, or for the improvement of related management and business practices.
SECTION 1. SHORT TITLE. This Act may be cited as the ``George C. Marshall Commemorative Coin Act of 1993''. SEC. 2. GEORGE C. MARSHALL COMMEMORATIVE COINS. (a) One-Dollar Silver Coins.-- (1) Issuance.--The Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall mint and issue not more than 500,000 $1 coins in commemoration of the end of World War II and General George C. Marshall's participation in service during World War II. (2) Specifications and design of coins.--The coins issued under this Act shall-- (A) weigh 26.73 grams; (B) have a diameter of 1.500 inches; and (C) contain 90 percent silver and 10 percent copper. (3) Design.--The design of the coins issued under this Act shall have the likeness of George C. Marshall on obverse side of such coin. On each coin there shall be a designation of the value of the coin, an inscription of the year ``1995'', 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. (c) Numismatic Items.--For purposes of section 5132(a)(1) of title 31, United States Code, the coins minted under this Act shall be considered to be numismatic items. SEC. 3. SOURCES OF BULLION. The Secretary shall obtain silver for the coins minted under this Act only from stockpiles established under the Strategic and Critical Materials Stock Piling Act. SEC. 4. SELECTION OF DESIGN. The design for the coins authorized by this Act shall be-- (1) selected by the Secretary after consultation with the Friends of George C. Marshall and the Commission of Fine Arts; and (2) reviewed by the Citizens Commemorative Advisory Committee. SEC. 5. MINTING AND ISSUANCE OF COINS. (a) Uncirculated and Proof Qualities.--The Secretary may mint and issue the coins authorized under this Act in uncirculated and proof qualities. (b) Use of the United States Mint.--The Secretary may not use more than 1 facility of the United States Mint to strike each quality of the coins minted under this Act. (c) Commencement of Authority To Sell Coins.--The Secretary may begin selling the coins minted under this Act on January 1, 1995. (d) Termination of Authority To Mint Coins.--The Secretary may not mint the coins authorized under this Act after December 31, 1995. 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) Bulk Sales.--The Secretary shall make any bulk sales of the coins issued under this Act at a reasonable discount. (c) Prepaid Orders.--The Secretary shall accept prepaid orders for the coins authorized under this Act before the issuance of such coins. Sale prices with respect to such repaid orders shall be at a reasonable discount. (d) Surcharges.--All sales shall include a surcharge of $7 per coin. SEC. 7. 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 to the Friends of George C. Marshall to be used solely for the construction of the George C. Marshall Memorial and Visitor Center in Uniontown, Pennsylvania. SEC. 8. AUDITS. The Comptroller General of the United States shall conduct an annual audit of such books, records, documents, and other data of the Friends of George C. Marshall, as may be related to the expenditures of amounts paid under section 7 until all amounts have been received by the Friends of George C. Marshall and the expenditures of such amounts have been audited. SEC. 9. FINANCIAL ASSURANCES. (a) No Net Cost to the Government.--The Secretary shall take such actions as may be necessary to ensure that the minting and issuance of the coins authorized under this Act shall result in no net costs to the Federal Government. (b) Payments for the Coins.--The Secretary may not sell a coin minted under this Act unless the Secretary has received-- (1) full payment for such coin; (2) security satisfactory to the Secretary to indemnify the Federal Government for full payment; or (3) a guarantee of full payment satisfactory to the Secretary from a depository institution whose deposits are insured by the Federal Deposit Insurance Corporation or the National Credit Union Administration Board. SEC. 10. GENERAL WAIVER OF PROCUREMENT REGULATIONS. (a) In General.--Except as provided in subsection (b), no provision of law governing procurement or public contracts shall be applicable to the procurement of goods and services necessary for carrying out the provisions of this Act. (b) Equal Employment Opportunity.--Subsection (a) shall not relieve any person entering into a contract under the authority of this Act from complying with any law relating to equal employment opportunity.	George C. Marshall Commemorative Coin Act of 1993 - Directs the Secretary of the Treasury to: (1) mint and issue one-dollar silver coins in commemoration of the end of World War II and General George C. Marshall's participation in service during such War; and (2) pay surcharges received from coin sales to the Friends of George C. Marshall to be used solely for the construction of the George C. Marshall Memorial and Visitor Center in Uniontown, Pennsylvania.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Communities Building Access Act''. SEC. 2. FINDINGS. The Congress finds as follows: (1) Two models of community programs for the uninsured have emerged as effective in generating community support and funding in urban and rural areas; in providing effective care and coverage for the uninsured; in avoiding displacement of private coverage; and in avoiding duplication of other Federal programs for the uninsured. (2) These community models have demonstrated community-wide economic benefit. Employers in the community experience less health care cost-shifting, in addition to increased productivity and employee retention. With greater emphasis on preventive and chronic care, a community's uninsured population becomes less of a financial burden on State and local budgets. (3) These community models have demonstrated potential national solutions for certain uninsured populations, including the working uninsured. Such lessons learned from these models include, for example, the level of subsidy necessary to get small employers to purchase coverage for their employees, how to effectively market access programs to the uninsured, and how to effectively manage chronic care among lower-income populations. (4) These community models have succeeded in raising much of the funding necessary to function, but have lacked financial stability and would enjoy greater success with a stable partial funding stream from the Federal Government. (5) These community models, if involved in a Federal partnership, have the ability and willingness to be accountable for a return on investment for Federal funding, and to disseminate expertise to like-minded communities. SEC. 3. GRANTS FOR MULTI-SHARE HEALTH CARE COVERAGE PROJECTS FOR UNINSURED WORKING INDIVIDUALS. Subpart I of part D of title III of the Public Health Service Act (42 U.S.C. 254b et seq.) is amended by adding at the end the following: ``SEC. 330M. MULTI-SHARE HEALTH CARE COVERAGE PROJECTS FOR UNINSURED WORKING INDIVIDUALS. ``(a) In General.--The Secretary shall make grants to public or nonprofit private entities to carry out demonstration projects for the purpose of-- ``(1) making available, on a cost-sharing basis as described in subsection (c)(2)(C), health care coverage to qualifying employees through employers that have not contributed to health care benefits for employees during the 12-month period prior to participating in such a project; and ``(2) making available, on such basis, health care coverage to qualifying self-employed individuals who have been without such coverage during the 12-month period prior to participating in such a project. ``(b) Qualifying Employees and Self-Employed Individuals.--For purposes of this section, the term `qualifying', with respect to an employee or self-employed individual, means that the employee or self- employed individual is not eligible for health services under the program under title XVIII, XIX, or XXI of the Social Security Act (relating to the Medicare program, the Medicaid program, and the State children's health insurance program, respectively). ``(c) Requirements for Grant.-- ``(1) In general.--A grant may be made under subsection (a) for a project only if the applicant involved-- ``(A) has defined a service area for the project; ``(B) has formed a consortium of entities in such service area, which consortium is composed of employers whose employees may or may not be served by the project, health care providers who will provide services through the project, and other appropriate entities; ``(C) has ensured that the consortium has established a set of unified goals for the project; ``(D) has conducted a basic level of demographic research to obtain data on the uninsured businesses, working uninsured, and provider community within the service area in order to determine the potential value and effectiveness of operating such a project, which data includes-- ``(i) the rate of uncompensated care; ``(ii) the number of women lacking prenatal services; ``(iii) immunization rates; and ``(iv) the number of employers that do not provide health insurance to their employees; and ``(E) has conducted a basic evaluation of State health insurance and local laws that might impact the implementation of the project. ``(2) Agreements.--A grant may be made under subsection (a) for a project only if the applicant involved agrees as follows: ``(A) Eligibility criteria will be established for employers to participate in the project, including the requirement that the employers be located within the service area defined under paragraph (1)(A) for the project, which may include-- ``(i) a maximum average income earned by the employees of the business; ``(ii) criteria, in addition to the 12- month periods under subsection (a), to avoid creating any incentive for an employer or self- employed individual to discontinue health plans or health insurance policies; and ``(iii) such other criteria as the consortium under paragraph (1)(B) considers to be appropriate. ``(B) A network of health care providers will be formed to provide services to qualifying employees and self-employed individuals who participate in the project, which services will be provided according to a schedule of fees and copayments negotiated by the project. ``(C) Of the cost of providing health care coverage through the project-- ``(i) not more than 30 percent will be paid by the project with funds from the grant; and ``(ii) not less than 70 percent will be paid by the employer, the employee, and any additional sources of funds (such as the community in which the project is located) that may be available pursuant to arrangements with the project. ``(D) A minimum benefit package will be selected that includes-- ``(i) physicians services; ``(ii) prescription drug benefits; ``(iii) in-patient hospital services; ``(iv) out-patient services; ``(v) emergency room visits; ``(vi) emergency ambulance services; and ``(vii) diagnostic laboratory tests and x- rays. With respect to compliance with the agreement under this subparagraph, the project is not required to provide coverage for any service performed outside the service area of the project, except to the extent that a service specified in any of clauses (i) through (vii) is not reasonably available within the service area. ``(E) The minimum benefit package will not exclude coverage of a medical condition on the basis that it is a pre-existing condition. ``(F) An entity will be selected by the consortium under paragraph (1)(B) to carry out administrative and accounting functions with respect to the health care coverage to be offered by the project, including monthly billings, verification and enrollment of eligible employers and employees, maintenance of membership rosters, operation of the utilization management program under subparagraph (G), and development of a marketing plan. ``(G) A utilization management program will be selected that ensures delivery of care in the appropriate setting, using appropriate resources and clinical practice guidelines. ``(H) A plan will be implemented for measuring quality and efficiency of care provided through the project within 2 years after the project begins operation. ``(I) A plan will be implemented for managing care for enrollees with chronic illness, as well as additional cost-control initiatives that will be employed by the project within 2 years after the project begins operation. ``(J) A plan will be implemented for protecting the project from high risks, which may include affiliation with State high-risk pool or local safety net program, and purchase of reinsurance. ``(K) A plan will be implemented for evaluating the project on an interim basis, not less frequently than annually. ``(d) Application for Grant.--A grant may be made under subsection (a) only if an application for the grant is submitted to the Secretary and the application is in such form, is made in such manner, and contains such agreements, assurances, and information as the Secretary determines to be necessary to carry out this section. ``(e) Authorization of Appropriations.--For the purpose of making grants under subsection (a), there is authorized to be appropriated $36,000,000 in the aggregate for the fiscal years 2010 through 2016, of which there are authorized to be appropriated amounts as follows: ``(1) For fiscal year 2010, $2,000,000. ``(2) For each of the fiscal years 2011 and 2012, $5,000,000. ``(3) For each of the fiscal years 2013 through 2016, $6,000,000. ``SEC. 330N. GRANTS FOR VOLUNTEER SPECIALTY PROVIDER NETWORKS. ``(a) In General.--The Secretary shall make grants to public or nonprofit private entities to carry out demonstration projects for the purpose of forming and maintaining networks composed of health care specialists who volunteer health services to eligible individuals. ``(b) Eligible Individuals.--For purposes of this section, the term `eligible individual' means an individual who has been enrolled by a project under subsection (a) and-- ``(1) whose employer does not provide health care coverage; ``(2) is unable to obtain health care coverage through a family member or common law partner; ``(3) is at or below a poverty level specified by the Secretary; and ``(4) is not eligible for health services under the program under title XVIII, XIX, or XXI of the Social Security Act (relating to the Medicare program, the Medicaid program, and the State children's health insurance program, respectively). ``(c) Qualified Grant Expenditures.--A grant may be made under subsection (a) for a project only if the applicant involved agrees that the grant will be expended to assist specialists that are participants in the network involved through any or all of the following means: ``(1) Paying nominal administrative fees to the participants for the costs of providing services to eligible individuals. ``(2) Assisting with the cost of training primary care practitioners to manage the chronic conditions that are most often treated by the network specialists. ``(3) Assisting participants with the costs of providing fees to recruit specialists to practice in the service area of the project. ``(4) Assisting with the costs of operating a community clinic staffed by volunteer network specialists. ``(5) Assisting participants with the costs of installing or operating information technology that is of benefit to patients, such as technology to avoid medical errors or to facilitate the authorized electronic transfer of the health records of eligible individuals. ``(6) Paying for necessary prescription drug costs for necessary treatment prescribed by network specialists. ``(7) Such additional means as the Secretary may authorize. ``(d) Certain Requirements for Grant.--A grant may be made under subsection (a) for a project only if the applicant involved-- ``(1) has defined a service area for the project; ``(2) has formed a consortium of various community members, leaders, and organizations in such area; ``(3) has ensured that the consortium has established a set of unified goals for the project; ``(4) has conducted the basic level of demographic research described in section 330M(c)(1)(D); ``(5) has a plan for managing the care of eligible individuals with chronic illness; and ``(6) has a plan for evaluating the project on an interim basis, not less frequently than once each year. ``(e) Matching Funds.-- ``(1) In general.--With respect to the costs of the project to be carried out under subsection (a) by an applicant, a grant under such subsection may be made only if the applicant agrees to make available (directly or through donations from public or private entities) non-Federal contributions toward such costs in an amount that is not less than \1/3\ of such costs ($1 for each $2 provided in the grant). ``(2) Determination of amount contributed.--Non-Federal contributions required in paragraph (1) may be in cash or in kind, fairly evaluated, including plant, equipment, or services. Amounts provided by the Federal Government, or services assisted or subsidized to any significant extent by the Federal Government, may not be included in determining the amount of such non-Federal contributions. ``(f) Application for Grant.--A grant may be made under subsection (a) only if an application for the grant is submitted to the Secretary and the application is in such form, is made in such manner, and contains such agreements, assurances, and information as the Secretary determines to be necessary to carry out this section. ``(g) Authorization of Appropriations.--For the purpose of making grants under subsection (a), there is authorized to be appropriated $9,000,000 in the aggregate for the fiscal years 2010 through 2016, of which there are authorized to be appropriated amounts as follows: ``(1) For each of the fiscal years 2010 and 2011, $500,000. ``(2) For each of the fiscal years 2012 and 2013, $1,000,000. ``(3) For each of the fiscal years 2014 through 2016, $2,000,000. ``SEC. 330O. CLEARINGHOUSE FOR INFORMATION ON COMMUNITY-INITIATED PROJECTS TO PROVIDE HEALTH CARE COVERAGE TO UNINSURED INDIVIDUALS. ``(a) In General.--The Secretary shall make an award of a grant or contract for the establishment and operation of a clearinghouse to collect and make available, on a national basis, information on projects under sections 330M and 330N and similar projects that are community-initiated (referred to in this section as `access projects'). ``(b) Certain Requirements.--The Secretary shall ensure that the information collected and made available under subsection (a) by the Clearinghouse includes the following: ``(1) A database identifying technical-assistance experts who are or have been involved in the planning or operation of access projects. ``(2) Information regarding the success and progress of access projects, including-- ``(A) information on best-practices identified for such projects; ``(B) the number of individuals who lacked health care coverage prior to receiving such coverage through the projects; ``(C) the number of individuals served by the projects who have chronic conditions that are managed by the projects; ``(D) the economic impact of the projects for businesses in the communities in which the projects operated; and ``(E) the savings of hospitals and other health care providers in such communities that resulted from the operation of the projects. ``(c) Application.--An award may be made under subsection (a) only if an application for the award is submitted to the Secretary and the application is in such form, is made in such manner, and contains such agreements, assurances, and information as the Secretary determines to be necessary to carry out this section. ``(d) Solicitation of Reports.--The Secretary may carry out a program to encourage public and private entities that plan or operate access projects to submit to the Clearinghouse reports that provide information on the projects. ``(e) Definition.--For purposes of this section, the term `Clearinghouse' means the clearinghouse under subsection (a). ``(f) Authorization of Appropriation.--For the purpose of making awards under subsection (a), there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2010 through 2016.''.	Communities Building Access Act - Amends the Public Health Service Act to require the Secretary of Health and Human Services (HHS) to make grants to public or nonprofit private entities to carry out demonstration projects for the purpose of making health care coverage available, on a cost-sharing basis, to: (1) employees through employers that have not contributed to health care benefits for employees during the prior 12 months; and (2) self-employed individuals who have been without such coverage during the prior 12 months. Requires the Secretary to make matching grants to public or nonprofit private entities to carry out demonstration projects for the purpose of forming and maintaining networks composed of health care specialists who volunteer health services to eligible individuals. Directs the Secretary to make an award of a grant or contract for the establishment and operation of a clearinghouse for information on demonstration projects under this Act and similar projects that are community initiated. Allows the Secretary to carry out a program to encourage public and private entities that plan or operate such projects to submit information to the clearinghouse.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Boost Saving for College Act''. SEC. 2. CREDIT FOR CONTRIBUTIONS TO 529 PLANS. (a) In General.--Subsection (d) of section 25B of the Internal Revenue Code of 1986 (relating to elective deferrals and IRA contributions by certain individuals) is amended by redesignating paragraph (2) as paragraph (3) and by inserting after paragraph (1) the following new paragraph: ``(2) Contributions to qualified tuition programs.-- ``(A) In general.--The term `qualified savings contribution' includes the amount of any purchase or contribution described in paragraph (1)(A) of section 529(b) to a qualified tuition program (as defined in such section) if-- ``(i) the taxpayer has the power to authorize distributions and otherwise administer the account, and ``(ii) the designated beneficiary of such purchase or contribution is the taxpayer, the taxpayer's spouse, or an individual with respect to whom the taxpayer is allowed a deduction under section 151. ``(B) Limitation based on compensation.--The amount treated as a qualified savings contribution by reason of subparagraph (A) for any taxable year shall not exceed the sum of-- ``(i) the compensation (as defined in section 219(f)(1)) includible in the taxpayer's gross income for the taxable year, and ``(ii) the amount excluded from the taxpayer's gross income under section 112 (relating to combat pay) for such year. ``(C) Determination of adjusted gross income.-- Solely for purposes of determining the applicable percentage under subsection (b) which applies with respect to the amount treated as a qualified savings contribution by reason of subparagraph (A), adjusted gross income (determined without regard to this subparagraph) shall be increased by the excess (if any) of-- ``(i) the social security benefits received during the taxable year (within the meaning of section 86), over ``(ii) the amount included in gross income for such year under section 86.''. (b) Conforming Amendments.-- (1) Section 25B of such Code is amended by striking ``qualified retirement savings'' each place it appears in the text and inserting ``qualified savings''. (2) The subsection heading for section 25B(d) of such Code is amended by striking ``Retirement''. (3) Subparagraph (A) of section 25B(d)(3) of such Code, as redesignated by subsection (a), is amended-- (A) by striking ``paragraph (1)'' the first place it appears and inserting ``paragraph (1) or (2)'', and (B) by striking ``paragraph (1)'' the second place it appears and inserting ``paragraph (1), or (2), as the case may be,''. (4) The heading for section 25B of such Code is amended by striking ``and ira contributions'' and inserting ``, ira contributions, and qualified tuition program contributions''. (5) The table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code is amended by striking the item relating to section 25B and inserting the following new item: ``Sec. 25B. Elective deferrals, IRA contributions, and qualified tuition program contributions by certain individuals.''. (c) Effective Date.--The amendments made by this section shall apply to contributions made after December 31, 2017, in taxable years ending after such date. SEC. 3. EXCLUSION FROM GROSS INCOME FOR EMPLOYER CONTRIBUTIONS TO QUALIFIED TUITION PROGRAMS. (a) In General.--Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to items specifically excluded from gross income) is amended by inserting after section 127 the following new section: ``SEC. 127A. EMPLOYER CONTRIBUTIONS TO QUALIFIED TUITION PROGRAMS. ``(a) In General.--Gross income of an employee does not include amounts paid by the employer as contributions to a qualified tuition program held by the employee or spouse of the employee if the contributions are made pursuant to a program which is described in subsection (c). ``(b) Maximum Exclusion.-- ``(1) In general.--The amount excluded from the gross income of an employee under this section for the taxable year shall not exceed $1,000. ``(2) Inflation adjustment.-- ``(A) In general.--In the case of any taxable year beginning in a calendar year after 2018, the $1,000 amount contained in paragraph (1) shall be increased by an amount equal to-- ``(i) such dollar amount, multiplied by ``(ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `calendar year 2017' for `calendar year 1992' in subparagraph (B) thereof. ``(B) Rounding.--Any increase determined under subparagraph (A) shall be rounded to the nearest multiple of $50. ``(c) Qualified Tuition Assistance Program.--For purposes of this section, a qualified tuition assistance program is a separate written plan of an employer for the benefit of such employer's employees-- ``(1) under which the employer makes matching contributions to qualified tuition programs of-- ``(A) such employees, ``(B) their spouses, or ``(C) any individual with respect to whom such an employee or spouse-- ``(i) is allowed a deduction under section 151, and ``(ii) has the power to authorize distributions and otherwise administer such individual's account under the qualified tuition program, and ``(2) which meets requirements similar to the requirements of paragraphs (2), (3), (4), (5), and (6) of section 127(b). ``(d) Definitions and Special Rules.--For purposes of this section-- ``(1) Qualified tuition program.--The term `qualified tuition program' means a qualified tuition program as defined in section 529(b). ``(2) Employee and employer.--The terms `employee' and `employer' shall have the meaning given such terms by paragraphs (2) and (3), respectively, of section 127(c). ``(3) Applicable rules.--Rules similar to the rules of paragraphs (4), (5), (6), and (7) of section 127(c) shall apply. ``(e) Cross Reference.--For reporting and recordkeeping requirements, see section 6039D.''. (b) Exclusion From Employment Taxes.-- (1) Sections 3121(a)(18), 3306(b)(13), and 3401(a)(18) of such Code are each amended by inserting ``127A,'' after ``127,'' each place it appears. (2) Section 3231(e)(6) of such Code is amended by striking ``section 127'' and inserting ``section 127 or 127A''. (c) Reporting and Recordkeeping Requirements.--Section 6039D(d)(1) of such Code is amended by inserting ``127A,'' after ``127,''. (d) Other Conforming Amendments.-- (1) Sections 125(f), 414(n)(3)(C), and 414(t)(2) of such Code are each amended by inserting ``127A,'' after ``127,'' each place it appears. (2) Section 132(j)(8) of such Code is amended by striking ``section 127'' and inserting ``section 127 or 127A''. (3) Section 221(d)(2)(A) of such Code is amended by inserting ``127A,'' after ``127''. (4) Section 1397(a)(2)(A) of such Code is amended by inserting at the end the following new clause: ``(iii) Any amount paid or incurred by an employer which is excludable from the gross income of an employee under section 127A, but only to the extent paid or incurred to a person not related to the employer.''. (5) Section 209(a)(15) of the Social Security Act (42 U.S.C. 409(a)(15)) is amended by striking ``or 129'' and inserting ``, 127A, or 129''. (e) Clerical Amendment.--The table of sections for part III of subchapter B of chapter 1 of such Code is amended by inserting after the item relating to section 127 the following new item: ``Sec. 127A. Employer contributions to qualified tuition programs.''. (f) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2017. SEC. 4. SPECIAL ROLLOVER TO ROTH IRA FROM LONG-TERM QUALIFIED TUITION PROGRAM. (a) In General.--Paragraph (3) of section 529(c) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: ``(E) Special rollover to roth ira from long-term qualified tuition program.--For purposes of this section-- ``(i) In general.--In the case of a distribution from a qualified tuition program which has been maintained by an account owner for the 10-year period ending on the date of such distribution-- ``(I) subparagraph (A) shall not apply to any portion of such distribution which, not later than 60 days after such distribution, is paid into a Roth IRA maintained for the benefit of such account owner or the designated beneficiary under such qualified tuition program, and ``(II) such portion shall be treated as a rollover contribution for purposes of section 408A(e). ``(ii) Limitation.--Clause (i) shall only apply to so much of any distribution as does not exceed the lesser of-- ``(I) the amount applicable to the account owner under section 408A(c)(2) for the taxable year, or ``(II) the aggregate amount contributed to the program (and earnings attributable thereto) before the 5-year period ending on the date of the distribution.''. (b) Qualified Rollover Contribution.--Paragraph (1) of section 408A(e) of such Code is amended by striking the period at the end of subparagraph (B) and inserting ``, and'' and by inserting after subparagraph (B) the following new subparagraph: ``(C) from a qualified tuition program to the extent provided in section 529(c)(3)(E).''. (c) Effective Date.--The amendments made by this section shall apply with respect to distributions after December 31, 2017. SEC. 5. ROLLOVERS TO ABLE PROGRAMS FROM 529 PROGRAMS. (a) In General.--Clause (i) of section 529(c)(3)(C) of the Internal Revenue Code of 1986 is amended by striking ``or'' at the end of subclause (I), by striking the period at the end of subclause (II) and inserting ``, or'', and by adding at the end the following: ``(III) to an ABLE account (as defined in section 529A(e)(6)) of the designated beneficiary. Subclause (III) shall not apply to so much of a distribution which, when added to all other contributions made to the ABLE account for the taxable year, exceeds the limitation under section 529A(b)(2)(B).''. (b) Effective Date.--The amendments made by this section shall apply to distributions after the date of the enactment of this Act.	Boost Saving for College Act This bill amends the Internal Revenue Code to modify the tax treatment of qualified tuition programs (known as 529 plans). The bill allows: (1) a nonrefundable tax credit for contributions of an individual to a 529 plan, and (2) an exclusion from the gross income of an employee of up to $1000 per year of employer contributions to a 529 plan. The bill also permits savings from a 529 plan to be rolled over tax-free into: (1) a Roth Individual Retirement Account of the owner or the beneficiary of a 529 plan that has been maintained for 10 years, and (2) an ABLE account of the designated beneficiary of the 529 plan. (Tax-favored ABLE [Achieving a Better Life Experience] accounts are designed to enable individuals with disabilities to save for and pay for disability-related expenses.)
SECTION 1. SHORT TITLE. This Act may be cited as the ``Food Allergen Labeling and Consumer Protection Act''. SEC. 2. FINDINGS. Congress finds that-- (1) it is estimated that-- (A) approximately 2 percent of adults and about 5 percent of infants and young children in the United States suffer from food allergies; and (B) each year, roughly 30,000 individuals require emergency room treatment and 150 individuals die because of allergic reactions to food; (2)(A) Eight major foods or food groups--milk, eggs, fish, Crustacean shellfish, tree nuts, peanuts, wheat, and soybeans-- account for 90 percent of food allergies; (B) at present, there is no cure for food allergies; and (C) a food allergic consumer must avoid the food to which the consumer is allergic; (3)(A) in a review of randomly selected manufacturers of baked goods, ice cream, and candy in Minnesota and Wisconsin in 1999, the Food and Drug Administration found that 25 percent of sampled foods failed to list peanuts or eggs as ingredients on the food labels; and (B) nationally, the number of recalls because of unlabeled allergens rose to 121 in 2000 from about 35 a decade earlier; (4) a recent study shows that many parents of children with a food allergy were unable correctly to identify in each of several food labels the ingredients derived from major food allergens; (5)(A) current regulations of the Food and Drug Administration require that ingredients in foods be listed by their ``common or usual name''; (B) in some cases, the common or usual name of an ingredient may be unfamiliar to consumers, and many consumers may not realize the ingredient is derived from, or contains, a major food allergen; and (C) current regulations of the Food and Drug Administration exempt spices, flavorings, and certain colorings and additives from ingredient labeling requirements that would allow consumers to avoid those to which they are allergic; and (6)(A) celiac disease is an immune-mediated disease that causes damage to the gastrointestinal tract, central nervous system, and other organs; (B) the current recommended treatment is avoidance of glutens in foods that are associated with celiac disease; and (C) a multicenter, multiyear study estimated that the prevalence of celiac disease in the United States is 0.5 to 1 percent of the general population. SEC. 3. FOOD LABELING; REQUIREMENT OF INFORMATION REGARDING ALLERGENIC SUBSTANCES. (a) In General.--Section 403 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343) is amended by adding at the end the following: ``(t)(1) If it is not a raw agricultural commodity and it is, or it intentionally bears or contains, a major food allergen, unless either-- ``(A) `Contains', which statement is followed by the name of the food source as described in section 201(ll)(1) from which the major food allergen is derived, follows immediately after or is adjacent to (in a type size no smaller than the type size used in the list of ingredients) the list of ingredients required under subsections (g) and (i); or ``(B) the common or usual name of the major food allergen in the list of ingredients required under sections (g) and (i) is followed in parentheses by the name of the food source as described in section 201(ll)(1) from which the major food allergen is derived, except that the name of the food source is not required when-- ``(i) the common or usual name of the ingredient is the term used to describe a major food allergen in section 201(ll)(1), or ``(ii) the name of the food source as described in section 201(ll)(1) has appeared previously in the ingredient list; and ``Provided all major food allergens are labeled in a consistent manner either as specified in clause (A) or as specified in clause (B). ``(2) The information required under this subsection may appear in labeling other than the label only if the Secretary finds that such other labeling is sufficient to protect the public health. A finding by the Secretary under this subparagraph is effective upon publication in the Federal Register as a notice (including any change in an earlier finding under this subparagraph). ``(3) Notwithstanding subsection (g), (i), or (k), or any other law, a spice, flavoring, coloring, or incidental additive that is, or that intentionally bears or contains, a major food allergen shall be subject to the labeling requirements of this subsection. ``(4) The Secretary may by regulation modify the requirements of subparagraph (A) or (B) of paragraph (1), or eliminate either the requirement of subparagraph (A) or the requirement of subparagraph (B), if the Secretary determines that the modification or elimination of the requirement is necessary to protect the public health. ``(u) Notwithstanding subsection (g), (i), or (k), or any other law, a spice, flavoring, coloring, or incidental additive that is, or that intentionally bears or contains, a food allergen (other than a major food allergen), as determined by the Secretary by regulation, shall be disclosed in a manner specified by the Secretary by regulation.''. (b) Effect on Other Authority.--This section does not alter the authority of the Secretary of Health and Human Services under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) to require the labeling of other food allergens. (c) Conforming Amendment.--Section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321) is amended by adding at the end the following: ``(ll) The term `major food allergen' means any of the following: ``(1) Milk, egg, fish, Crustacean shellfish, tree nuts, wheat, peanuts, and soybeans. ``(2) A proteinaceous substance derived from a food specified in paragraph (1) (unless the Secretary determines that the substance does not cause an allergic response that poses a risk to human health).''. (d) Effective Date.--A food that is labeled on or after January 1, 2006, and that is, or that intentionally bears or contains, a major food allergen (as defined in the amendment made by subsection (c)) shall be labeled in compliance with the requirements of the amendment made by subsection (a). SEC. 4. REPORT ON FOOD ALLERGENS. Not later than June 30, 2004, the Secretary of Health and Human Services shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a report that-- (1)(A) analyzes-- (i) the ways in which foods, during manufacturing and processing, can be unintentionally contaminated with major food allergens, including contamination caused by the use by manufacturers of the same production line to produce both products for which major food allergens are intentional ingredients and products for which major food allergens are not intentional ingredients; and (ii) the ways in which foods produced on dedicated production lines might nonetheless become unintentionally contaminated with major food allergens; and (B) estimates how common those practices are in the food industry, with breakdowns by food type as appropriate; (2) recommends methods that can be used to reduce or eliminate cross-contact of foods with the major food allergens; (3) describes-- (A) the various types of advisory labeling (such as use of the words ``may contain'') used by food producers; (B) the conditions of manufacture of food that are associated with the various types of advisory labeling; and (C) the extent to which advisory labels are being used on food products; (4) determines how consumers with food allergies or the caretakers of consumers would prefer information about the risk of cross-contact be communicated on food labels by using appropriate survey mechanisms; and (5) identifies the circumstances, if any, under which advisory labeling could appropriately be used. SEC. 5. INSPECTIONS RELATING TO FOOD ALLERGENS. (a) In General.--The Secretary of Health and Human Services shall give priority to increasing the number of inspections under section 704 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 374) of facilities in which foods are manufactured, processed, packed, or held-- (1) to ensure that the foods comply with practices to reduce or eliminate cross-contact of a food with major food allergen residues that are not intentional ingredients of the food; and (2) to ensure that major food allergens are properly labeled on foods. (b) Report.--On October 1, 2003, and biennially thereafter, the Secretary shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a report that-- (1) states the number of inspections conducted in the previous year and the numbers of facilities and food labels that were found to be in compliance or out of compliance; (2) describes the nature of the violations found; (3) includes the number of voluntary recalls, and their classifications, requested by the Secretary of foods with undeclared major food allergens; (4) assesses the extent of use of advisory language found and the appropriateness of that use; and (5) assesses the extent to which the Secretary and the food industry have effectively addressed cross-contact issues. SEC. 6. LABELING OF GLUTENS AND CELIAC DISEASE. (a) Contract With Institute of Medicine.--The Secretary of Health and Human Services (in this section, the ``Secretary'') shall enter into a contract with the Institute of Medicine for-- (1) the conduct of a review of the science relating to-- (A) the glutens in food that are associated with celiac disease; (B) the means of preventing and treating celiac disease; and (C) the methodologies for detecting such glutens in foods; and (2) the submission to the Secretary, the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives, not later than 2 years after the date of enactment of this Act, of a report concerning the review conducted under paragraph (1). (b) Requirements of Expertise.--The Institute of Medicine shall conduct the review under subsection (a)(1) and make the report under subsection (a)(2) in conjunction with experts in celiac disease, including experts in the pathogenesis, epidemiology, and biochemistry of celiac disease, the sensitivity to, and tolerance of, the glutens in food that are associated with celiac disease, and the clinical aspects of celiac disease, including prevention and treatment. (c) Gluten Labeling.--Considering the review conducted under paragraph (a)(1), the Secretary shall, not later than 4 years after the date of enactment of this Act, issue a proposed rule to define, and permit use of, the term ``gluten-free'' on the labeling of foods. Not later than 6 years after the date of enactment of this Act, the Secretary shall issue a final rule to define, and permit use of, the term ``gluten-free'' on the labeling of foods. (d) Report.--Not later than 2 years after submission to the Secretary of the report under subsection (a)(2), the Secretary shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a report that assesses whether additional requirements for the labeling of gluten are warranted and necessary to better inform individuals with celiac disease, and if other labeling is warranted and necessary, identifies the types of such labeling. SEC. 7. DATA ON FOOD-RELATED ALLERGIC RESPONSES. (a) Study.--Not later than one year after the date of the enactment of this Act, the Secretary of Health and Human Services (in this section referred to as the ``Secretary''), in consultation with consumers, providers, State governments, and other relevant parties, shall complete a study for the purposes of-- (1) determining whether existing systems for the reporting, collection and analysis of national data accurately capture information on-- (A) the prevalence of food allergies; (B) the incidence of clinically significant or serious adverse events related to food allergies; and (C) the use of different modes of treatment for and prevention of allergic responses to foods; and (2) identifying new or alternative systems or enhancements to existing systems (including by educating physicians and other health care providers), for the reporting collection and analysis of national data on-- (A) the prevalence of food allergies; (B) the incidence of clinically significant or serious adverse events related to food allergies; and (C) the use of different modes of treatment for and prevention of allergic responses to foods. (b) Improvement and Publication of Data.--On completion of, and consistent with the findings of, the study conducted under subsection (a), the Secretary, acting through the Director of the Centers for Disease Control and Prevention and in consultation with the Commissioner of Foods and Drugs, shall improve the collection of, and publish as it becomes available, national data on-- (1) the prevalence of food allergies; (2) the incidence of clinically significant or serious adverse events related to food allergies; and (3) the use of different modes of treatment for and prevention of allergic responses to foods. (c) Report to Congress.--Not later than 30 months after the date of the enactment of this Act, the Secretary shall submit to the Congress a report on the progress made with respect to subsections (a) and (b). (d) Authorization of Appropriations.--For the purpose of carrying out this section, there are authorized to be appropriated such sums as may be necessary. SEC. 8. FOOD ALLERGIES RESEARCH. (a) In General.--The Secretary of Health and Human Services, through the National Institutes of Health, shall convene a panel of nationally recognized experts to review current basic and clinical research efforts related to food allergies. The panel shall develop a plan for expanding, intensifying, and coordinating research activities concerning food allergies. (b) Report to Congress.--Not later than 1 year after the date of enactment of this Act, the Secretary of Health and Human Services shall submit a plan under subsection (a) to the Committee on Energy and Commerce in the House of Representatives and the Committee on Health, Education, Labor, and Pensions in the Senate. SEC. 9. FOOD ALLERGENS IN THE FOOD CODE. The Secretary of Health and Human Services shall, in the Conference for Food Protection, as part of its cooperative activities between the States under section 311 of the Public Health Service Act (42 U.S.C. 243), pursue revision of the Food Code to provide guidelines for preparing allergen-free foods in food establishments, including in restaurants, grocery store delicatessens and bakeries, and elementary and secondary school cafeterias. The Secretary shall consider public and private guidelines and recommendations for preparing allergen-free foods in pursuing this revision. SEC. 10. RECOMMENDATIONS REGARDING RESPONDING TO FOOD-RELATED ALLERGIC RESPONSES. The Secretary of Health and Human Services shall, in providing technical assistance relating to trauma care and emergency medical services to State and local agencies under section 1202(b)(3) of the Public Health Service Act (42 U.S.C. 300d-2(b)(3)), include technical assistance relating to the use of different modes of treatment for and prevention of allergic responses to foods.	Food Allergen Labeling and Consumer Protection Act - Amends the Federal Food, Drug, and Cosmetic Act to require food that is not a raw agricultural commodity, and that is, or intentionally bears or contains, a major food allergen, to state that information on its label by January 1, 2006.Directs the Secretary of Health and Human Services to give priority to increasing the number of inspections under the Act to ensure that foods comply with practices to reduce or eliminate cross-contact with major food allergen residues and to ensure that major food allergens are properly labeled on foods.Requires the Secretary, through the National Institutes of Health, to convene a panel of nationally recognized experts to review basic and clinical research efforts related to food allergies and to develop a plan for expanding, intensifying, and coordinating such research.Directs the Secretary, in the Conference for Food Protection, as part of its cooperative activities between the States under the Public Health Service Act, to pursue certain revisions of the Food Code to provide guidelines for preparing allergen-free foods in food establishments.Requires the Secretary to include assistance relating to the use of different modes of treatment for and prevention of allergic responses to foods when providing technical assistance relating to trauma care and emergency medical services under the Public Health Service Act.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Women's Health Protection Act of 2013''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds the following: (1) Access to safe, legal abortion services is essential to women's health and central to women's ability to participate equally in the economic and social life of the United States. (2) Access to safe, legal abortion services has been hindered in the United States in various ways, including blockades of health care facilities and associated violence; restrictions on insurance coverage; restrictions on minors' ability to obtain services; and requirements and restrictions that single out abortion providers and those seeking their services, and which do not further women's health or the safety of abortion, but harm women by reducing the availability of services. (3) In the early 1990s, protests and blockades at health care facilities where abortions were performed, and associated violence, increased dramatically and reached crisis level, requiring Congressional action. Congress passed the Freedom of Access to Clinic Entrances Act (Public Law 103-259) to address that situation and ensure that women could physically access abortion services. (4) Since 2010, there has been an equally dramatic increase in the number of laws and regulations singling out abortion that threaten women's health and their ability to access safe abortion services by interfering with health care professionals' ability to provide such services. Congressional action is now necessary to put an end to these restrictions. In addition, there has been a dramatic increase in the passage of laws that blatantly violate the constitutional protections afforded women, such as bans on abortions prior to viability. (5) Legal abortion is one of the safest medical procedures in the United States. That safety is furthered by regulations that are based on science and are generally applicable to the medical profession or to medically comparable procedures. (6) Many State and local governments are imposing restrictions on the provision of abortion that are neither science-based nor generally applicable to the medical profession or to medically comparable procedures. Though described by their proponents as health and safety regulations, many of these abortion-specific restrictions do not advance the safety of abortion services and do nothing to protect women's health. Also, these restrictions interfere with women's personal and private medical decisions, make access to abortion more difficult and costly, and even make it impossible for some women to obtain those services. (7) These restrictions harm women's health by reducing access not only to abortion services but also to the other essential health care services offered by the providers targeted by the restrictions, including contraceptive services, which reduce unintended pregnancies and thus abortions, and screenings for cervical cancer and sexually transmitted infections. These harms fall especially heavily on low-income women, women of color, and women living in rural and other medically underserved areas. (8) The cumulative effect of these numerous restrictions has been widely varying access to abortion services such that a woman's ability to exercise her constitutional rights is dependent on the State in which she lives. Federal legislation putting a stop to harmful restrictions throughout the United States is necessary to ensure that women in all States have access to safe abortion services, an essential constitutional right repeatedly affirmed by the United States Supreme Court. (9) Congress has the authority to protect women's ability to access abortion services pursuant to its powers under the Commerce Clause and its powers under section 5 of the Fourteenth Amendment to the Constitution to enforce the provisions of section 1 of the Fourteenth Amendment. (b) Purpose.--It is the purpose of this Act to protect women's health by ensuring that abortion services will continue to be available and that abortion providers are not singled out for medically unwarranted restrictions that harm women by preventing them from accessing safe abortion services. It is not the purpose of this Act to address all threats to access to abortion (for example, this Act does not apply to clinic violence, restrictions on insurance coverage of abortion, or requirements for parental consent or notification before a minor may obtain an abortion) which Congress should address through separate legislation as appropriate. SEC. 3. DEFINITIONS. In this Act: (1) Abortion.--The term ``abortion'' means any medical treatment, including the prescription of medication, intended to cause the termination of a pregnancy except for the purpose of increasing the probability of a live birth, to remove an ectopic pregnancy, or to remove a dead fetus. (2) Abortion provider.--The term ``abortion provider'' means a health care professional who performs abortions. (3) Government.--The term ``government'' includes a branch, department, agency, instrumentality, or individual acting under color of law of the United States, a State, or a subdivision of a State. (4) Health care professional.--The term ``health care professional'' means a licensed medical professional (including physicians, certified nurse-midwives, nurse practitioners, and physician assistants) who is competent to perform abortions based on clinical training. (5) Pregnancy.--The term ``pregnancy'' refers to the period of the human reproductive process beginning with the implantation of a fertilized egg. (6) State.--The term ``State'' includes each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, and each territory or possession of the United States. (7) Viability.--The term ``viability'' means the point in a pregnancy at which, in the good-faith medical judgment of the treating health care professional, based on the particular facts of the case before her or him, there is a reasonable likelihood of sustained fetal survival outside the uterus with or without artificial support. SEC. 4. PROHIBITED MEASURES AND ACTIONS. (a) General Prohibitions.--The following limitations or requirements are unlawful and shall not be imposed or applied by any government because they single out the provision of abortion services for restrictions that are more burdensome than those restrictions imposed on medically comparable procedures, they do not significantly advance women's health or the safety of abortion services, and they make abortion services more difficult to access: (1) A requirement that a medical professional perform specific tests or follow specific medical procedures in connection with the provision of an abortion, unless generally required for the provision of medically comparable procedures. (2) A limitation on an abortion provider's ability to delegate tasks, other than a limitation generally applicable to providers of medically comparable procedures. (3) A limitation on an abortion provider's ability to prescribe or dispense drugs based on her or his good-faith medical judgment, other than a limitation generally applicable to the medical profession. (4) A limitation on an abortion provider's ability to provide abortion services via telemedicine, other than a limitation generally applicable to the provision of medical services via telemedicine. (5) A requirement or limitation concerning the physical plant, equipment, staffing, or hospital transfer arrangements of facilities where abortions are performed, or the credentials or hospital privileges or status of personnel at such facilities, that is not imposed on facilities or the personnel of facilities where medically comparable procedures are performed. (6) A requirement that, prior to obtaining an abortion, a woman make one or more medically unnecessary visits to the provider of abortion services or to any individual or entity that does not provide abortion services. (7) A requirement or limitation that prohibits or restricts medical training for abortion procedures, other than a requirement or limitation generally applicable to medical training for medically comparable procedures. (b) Other Prohibited Measures or Actions.-- (1) In general.--A measure or action that restricts the provision of abortion services or the facilities that provide abortion services that is similar to any of the prohibited limitations or requirements described in subsection (a) shall be unlawful if such measure or action singles out abortion services or make abortions services more difficult to access and does not significantly advance women's health or the safety of abortion services. (2) Prima facie case.--To make a prima facie showing that a measure or action is unlawful under paragraph (1) a plaintiff shall demonstrate that the measure or action involved-- (A) singles out the provision of abortion services or facilities in which abortion services are performed; or (B) impedes women's access to abortion services based on one or more of the factors described in paragraph (3). (3) Factors.--Factors for a court to consider in determining whether a measure or action impedes access to abortion services for purposes of paragraph (2)(B) include the following: (A) Whether the measure or action interferes with an abortion provider's ability to provide care and render services in accordance with her or his good- faith medical judgment. (B) Whether the measure or action is reasonably likely to delay some women in accessing abortion services. (C) Whether the measure or action is reasonably likely to directly or indirectly increase the cost of providing abortion services or the cost for obtaining abortion services (including costs associated with travel, childcare, or time off work). (D) Whether the measure or action requires, or is reasonably likely to have the effect of necessitating, a trip to the offices of the abortion provider that would not otherwise be required. (E) Whether the measure or action is reasonably likely to result in a decrease in the availability of abortion services in the State. (F) Whether the measure or action imposes criminal or civil penalties that are not imposed on other health care professionals for comparable conduct or failure to act or that are harsher than penalties imposed on other health care professionals for comparable conduct or failure to act. (G) The cumulative impact of the measure or action combined with other new or existing requirements or restrictions. (4) Defense.--A measure or action shall be unlawful under this subsection upon making a prima facie case (as provided for under paragraph (2)), unless the defendant establishes, by clear and convincing evidence, that-- (A) the measure or action significantly advances the safety of abortion services or the health of women; and (B) the safety of abortion services or the health of women cannot be advanced by a less restrictive alternative measure or action. (c) Other Prohibitions.--The following restrictions on the performance of abortion are unlawful and shall not be imposed or applied by any government: (1) A prohibition or ban on abortion prior to fetal viability. (2) A prohibition on abortion after fetal viability when, in the good-faith medical judgment of the treating physician, continuation of the pregnancy would pose a risk to the pregnant woman's life or health. (3) A restriction that limits a pregnant woman's ability to obtain an immediate abortion when a health care professional believes, based on her or his good-faith medical judgment, that delay would pose a risk to the woman's health. (4) A measure or action that prohibits or restricts a woman from obtaining an abortion prior to fetal viability based on her reasons or perceived reasons or that requires a woman to state her reasons before obtaining an abortion prior to fetal viability. (d) Limitation.--The provisions of this Act shall not apply to laws regulating physical access to clinic entrances, requirements for parental consent or notification before a minor may obtain an abortion, insurance coverage of abortion, or the procedure described in section 1531(b)(1) of title 18, United States Code. (e) Effective Date.--This Act shall apply to government restrictions on the provision of abortion services, whether statutory or otherwise, whether they are enacted or imposed prior to or after the date of enactment of this Act. SEC. 5. LIBERAL CONSTRUCTION. (a) Liberal Construction.--In interpreting the provisions of this Act, a court shall liberally construe such provisions to effectuate the purposes of the Act. (b) Rule of Construction.--Nothing in this Act shall be construed to authorize any government to interfere with a woman's ability to terminate her pregnancy, to diminish or in any way negatively affect a woman's constitutional right to terminate her pregnancy, or to displace any other remedy for violations of the constitutional right to terminate a pregnancy. SEC. 6. ENFORCEMENT. (a) Attorney General.--The Attorney General may commence a civil action for prospective injunctive relief on behalf of the United States against any government official that is charged with implementing or enforcing any restriction that is challenged as unlawful under this Act. (b) Private Right of Action.-- (1) In general.--Any individual or entity aggrieved by an alleged violation of this Act may commence a civil action for prospective injunctive relief against the government official that is charged with implementing or enforcing the restriction that is challenged as unlawful under this Act. (2) Facility or professional.--A health care facility or medical professional may commence an action for prospective injunctive relief on behalf of the facility's or professional's patients who are or may be adversely affected by an alleged violation of this Act. (c) Equitable Relief.--In any action under this section, the court may award appropriate equitable relief, including temporary, preliminary, or permanent injunctive relief. (d) Costs.--In any action under this section, the court shall award the costs of litigation, including reasonable attorney and expert witness fees, to any prevailing or substantially prevailing plaintiff. (e) Jurisdiction.--The district courts of the United States shall have jurisdiction over proceedings commenced pursuant to this section and shall exercise the same without regard to whether the party aggrieved shall have exhausted any administrative or other remedies that may be provided for by law. SEC. 7. PREEMPTION. No State or subdivision thereof shall enact or enforce any law, rule, regulation, standard, or other provision having the force and effect of law that conflicts with any provision of this Act. SEC. 8. SEVERABILITY. If any provision of this Act, or the application of such provision to any person or circumstance, is held to be unconstitutional, the remainder of this Act, or the application of such provision to all other persons or circumstances, shall not be affected thereby.	Women's Health Protection Act of 2013 - Makes the following limitations and requirements concerning abortion services unlawful and prohibits their imposition or application by any government: a requirement that a medical professional perform specific tests or follow specific medical procedures, unless generally required in the case of medically comparable procedures; a limitation on an abortion provider's ability to delegate tasks, other than one applicable to medically comparable procedures; a limitation on an abortion provider's ability to prescribe or dispense drugs based on her or his good-faith medical judgment, other than one generally applicable; a limitation on an abortion provider's ability to provide abortion services via telemedicine, other than one generally applicable; a requirement or limitation concerning the physical plant, equipment, staffing, or hospital transfer arrangements of facilities where abortions are performed, or the credentials, hospital privileges, or status of personnel at such facilities that is not otherwise imposed where medically comparable procedures are performed; a requirement that, prior to obtaining an abortion, a woman make medically unnecessary visits to the provider of abortion services or to any individual or entity that does not provide such services; and a requirement or limitation that prohibits or restricts medical training for abortion procedures, other than one generally applicable to medically comparable procedures. Makes unlawful a measure or action that restricts the provision of abortion services, or the facilities that provide them, that is similar to any of those described above if it singles out abortion services or make abortion services more difficult to access and does not significantly advance women's health or the safety of abortion services. Provides standards for the making of a prima facie case in a civil action challenging such restrictions and factors to be considered by a court in determining whether a measure or action impedes access to abortion services. Makes the following other restrictions on the performance of abortion unlawful and prohibits their imposition or application by any government: a prohibition or ban prior to fetal viability; a prohibition after fetal viability when, in the good-faith medical judgment of the treating physician, continuation of the pregnancy would pose a risk to the woman's life or health; a restriction that limits a woman's ability to obtain an immediate abortion when a health care professional believes, based on good-faith medical judgment, that delay would pose a risk to the woman's health; and a prohibition or restriction on obtaining an abortion prior to fetal viability based on a woman's reasons or perceived reasons or that requires her to state her reasons before obtaining an abortion prior to fetal viability. Requires courts to liberally construe the provisions of this Act. Authorizes the Attorney General or an individual or entity aggrieved by (or a health facility or medical professional adversely affected by) a violation of this Act, to commence a civil action for injunctive relief. Preempts any provision enacted by a state or subdivision having the force of law that conflicts with any provision of this Act.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Nursing and Allied Health Education Preservation Act of 2008''. SEC. 2. PRESERVATION OF PROVIDER OPERATED NURSING AND ALLIED HEALTH EDUCATION PROGRAMS. (a) In General.--Section 1861(v) of the Social Security Act (42 U.S.C. 1395x(v)) is amended by adding at the end the following new paragraph: ``(9) Preservation of Provider-Operated Nursing and Allied Health Education Programs.-- ``(A) In general.--The Secretary shall not deny provider- operated status for a nursing and allied health education program that substantially meets requirements in effect under paragraphs (e) and (f) of section 413.85 of title 42, Code of Federal Regulations, as of October 1, 2006, on the basis of an organizational structure, contractual arrangements, or legal structure of the program, or a change in such a structure or arrangement, such as those described in subparagraph (B), so long as a hospital, hospitals, or health system continues to substantially control the nursing or allied health program. ``(B) Examples of arrangements and structures.--The following are examples of an organizational structure, contractual arrangement, legal structure, or a change in such a structure or arrangement, referred to in subparagraph (A) of a provider-operated program: ``(i) The students enrolled in the program are concurrently enrolled in a college, community college, or university or receive degrees, diplomas, or other certificates or credentials upon graduation from both the nursing or allied health education and the college, community college, or university. ``(ii) The program enters into an agreement with a third-party to provide classroom, administrative, or financial services if the contract is related to the nursing or allied health education activity and the hospital or other provider retains the authority to modify, amend, rescind, or renew the agreement. ``(iii) The program fails to comply with regulations or requirements promulgated for such a program because such compliance would result in direct conflict with requirements-- ``(I) of the State Board of Nursing or other regulatory agency in the State in which the program is located; or ``(II) of a national nursing or allied health accreditation body or a regional, institutional accrediting body that is recognized by the Department of Education or such a State Board or regulatory agency. ``(iv) The program which is offered by a for profit college or university is wholly owned by a hospital or health system, or by a nonprofit college or university that is operated by a hospital or health system, and collectively the college or university and the hospital or health system meets all the requirements in effect under paragraphs (e) and (f) of section 413.85 of title 42, Code of Federal Regulations. ``(v) The nursing or allied health education program is operated by one or more hospitals, or a health system or chain organization, or any combination of a hospital or hospitals and providers or entities whose principal business is providing hospital services. ``(C) Limitation on payment denials.--The Secretary-- ``(i) shall not recoup, withhold, offset, disallow, or deny reasonable cost, pass-through payment for the costs of approved educational activities for a nursing or allied health education program described in subparagraph (A) on a ground for which a denial of provider-operated status is not permitted under such subparagraph; ``(ii) shall not reopen any cost reporting year of any hospital for the purpose of effecting any recoupment or other denial of payment described in clause (i) and shall withdraw and discontinue any such reopening effected before the date of the enactment of this paragraph; and ``(iii) shall restore to a hospital any such recoupment or denial effected for a previous cost reporting year by not later than the hospital's cost reporting year beginning after such date of enactment. ``(D) Construction.--This paragraph shall not affect payment-- ``(i) with respect to a provider-operated program which is in compliance with regulations and guidance issued as of the date of the enactment of this paragraph; or ``(ii) to a hospital or provider with respect to reasonable cost, pass-through reimbursement pursuant to section 4004(b) of the Omnibus Budget Reconciliation Act of 1990 (Public Law 101-508; 104 Stat. 1388-39).''.	Nursing and Allied Health Education Preservation Act of 2008 - Amends title XVIII (Medicare) of the Social Security Act to prohibit the Secretary of Health and Human Services from denying provider-operated status for a nursing and allied education program that substantially meets certain requirements pertaining to the cost of approved activities for such programs, in effect as of October 1, 2006, on the basis of an organizational structure, contractual arrangements, or legal structure of the program, or a change in such a structure or arrangement, so long as a hospital, hospitals, or health system continues to substantially control the nursing or allied program. Prohibits denial of payments for the costs of approved educational activities for a nursing or allied health education program. Requires restoration to a hospital of any recoupment or denial effected for a previous cost reporting year.
SECTION 1. AMENDMENTS TO FUNDING AVAILABLE TO THE SMALL BUSINESS ADMINISTRATION TO MAKE SECTION 7(A) LOANS. (a) Section 7(a) Loan Funding Levels.--The third proviso under the heading ``Small Business Administration--Business Loans Program Account'' in title V of division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Public Law 113-235; 128 Stat. 2371) is amended by striking ``$18,750,000,000'' and inserting ``$23,500,000,000''. (b) Loan Limitations.--Section 7(a)(1) of the Small Business Act (15 U.S.C. 636(a)(1)) is amended-- (1) in subparagraph (A)-- (A) by striking ``No financial assistance'' and inserting the following: ``(i) In general.--No financial assistance''; and (B) by adding at the end the following: ``(ii) Liquidity.--On and after October 1, 2015, the Administrator may not guarantee a loan under this subsection if the lender determines that the borrower is unable to obtain credit elsewhere solely because the liquidity of the lender depends upon the guaranteed portion of the loan being sold on the secondary market.''; and (2) by adding at the end the following: ``(C) Lending limits of lenders.--On and after October 1, 2015, the Administrator may not guarantee a loan under this subsection if the sole purpose for requesting the guarantee is to allow the lender to exceed the legal lending limit of the lender.''. (c) Reporting.-- (1) Definitions.--In this subsection-- (A) the term ``Administrator'' means the Administrator of the Small Business Administration; (B) the term ``business loan'' means a loan made or guaranteed under section 7(a) of the Small Business Act (15 U.S.C. 636(a)); (C) the term ``cancellation'' means that the Administrator approves a proposed business loan, but the prospective borrower determines not to take the business loan; and (D) the term ``net dollar amount of business loans'' means the difference between the total dollar amount of business loans and the total dollar amount of cancellations. (2) Requirement.--During the 3-year period beginning on the date of enactment of this Act, the Administrator shall submit to Committee on Small Business and Entrepreneurship and the Committee on Appropriations of the Senate and the Committee on Small Business and the Committee on Appropriations of the House of Representatives a quarterly report regarding the loan programs carried out under section 7(a) of the Small Business Act (15 U.S.C. 636(a)), which shall include-- (A) for the fiscal year during which the report is submitted and the 3 fiscal years before such fiscal year-- (i) the weekly total dollar amount of business loans; (ii) the weekly total dollar amount of cancellations; and (iii) the weekly net dollar amount of business loans-- (I) for all business loans; and (II) for each category of loan amount described in clause (i), (ii), or (iii) of section 7(a)(18) of the Small Business Act (15 U.S.C. 636(a)(18)); (B) for the fiscal year during which the report is submitted-- (i) the amount of remaining authority for business loans, in dollar amount and as a percentage; and (ii) estimates of the date on which the net dollar amount of business loans will reach the maximum for such business loans based on daily net lending volume and extrapolations based on year-to-date net lending volume, quarterly net lending volume, and quarterly growth trends; (C) the number of early defaults (as determined by the Administrator) during the quarter covered by the report; (D) the total amount paid by borrowers in early default during the quarter covered by the report, as of the time of purchase of the guarantee; (E) the number of borrowers in early default that are franchisees; (F) the total amount of guarantees purchased by the Administrator during the quarter covered by the report; and (G) a description of the actions the Administrator is taking to combat early defaults administratively and any legislative action the Administrator recommends to address early defaults.	This bill amends the Consolidated and Further Continuing Appropriations Act, 2015 to increase from $18.75 billion to $23.5 billion the FY2015 funding available to the Small Business Administration (SBA) for general business loans authorized under section 7(a) of the Small Business Act. The bill prohibits the SBA from guaranteeing a loan on and after October 1, 2015, if: the lender determines that the borrower is unable to obtain credit elsewhere solely because the lender's liquidity depends upon the guaranteed portion of the loan being sold on the secondary market, or the sole purpose for requesting the guarantee is to allow the lender to exceed its legal lending limit. The bill also requires the SBA to submit quarterly reports to Congress regarding the loan programs carried out under this section.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Immigration Protection Act of 2000''. SEC. 2. FINDINGS. Congress finds the following: (1) There is an epidemic of fraud directed against aliens engaged in dealings with the Immigration and Naturalization Service. (2) Fraudulent immigration consultants target aliens working their way through the maze of immigration law and extract hundreds of thousands of dollars in exchange for promises of help in dealing with the Immigration and Naturalization Service. (3) For example, phony immigration consultants--who lure clients by approaching aliens in line at Immigration and Naturalization Service buildings or by advertising in foreign- language newspapers--promise, for a fee, to help immigrants obtain residency or green cards by using personal back-channel connections at the Immigration and Naturalization Service or by filing a supposedly necessary application. (4) Rather than legitimately assist aliens with the Immigration and Naturalization Service, fraudulent consultants then take one or a succession of fees and either do nothing, or worse, file meritless asylum petitions designed to result in rejection and deportation. (5) Fraudulent immigration consultants often pose as immigration lawyers. In particular, some who target Spanish- speaking immigrants become notaries public in order to advertise as ``notarios,'' who are attorneys in Latin America. (6) Aliens victimized by fraudulent consultants are usually too fearful of deportation, or unsure where to turn, to report the fraud to Government officials. Consequently, fraudulent consultants operate with near-impunity. (7) Because fraudulent immigration consultants work in the shadows and provide services that are unregulated in many States, it is impossible to determine how many such illegitimate businesses exist. State officials and immigrants' advocacy groups estimate, however, that the problem of aliens exploited by bogus consultants has grown in recent years, and that thousands of fraudulent consultants are at work across the country. (8) Federal and State efforts to rein in fraudulent immigration consultants have not succeeded in ending the abuse. At the Federal level, there is no jurisdiction to prosecute fraudulent consultants unless they participate in the submission of false documents to the Immigration and Naturalization Service. Since many phony consultants scam aliens without filing paperwork with the Immigration and Naturalization Service, they cannot be reached by Federal law enforcement. (9) The Department of Justice intended to establish five Federal-State task forces to combat fraud by immigration consultants in major cities with large immigrant populations. Only one such task force has been established, however--in Los Angeles. (10) Enforcement by State authorities is sporadic. Many make no effort to pursue and prosecute bogus consultants. And even when con artists are convicted, most jurisdictions punish fraud against aliens as misdemeanors. SEC. 3. DEFINITIONS. In this Act: (1) Attorney.--The term ``attorney'' means any person who is a member in good standing of the bar of the highest court of any State, possession, territory, Commonwealth, or the District of Columbia, and is not under any order of any court suspending, enjoining, restraining, disbarring, or otherwise restricting such person in the practice of law. (2) Accredited representative.--The term ``accredited representative'' means any organization or individual that has been accredited by the Board of Immigration Appeals pursuant to section 292 of title 8, Code of Federal Regulations. (3) Compensation.--The term ``compensation'' means money, property, promise of payment, or any other consideration, provided directly or indirectly. (4) Immigration consultant.--The term ``immigration consultant''-- (A) means any individual, organization, or entity who in exchange for compensation or the expectation of compensation, promises to provide or provides assistance or advice on an immigration matter; and (B) does not include any attorney, person employed by and working under the direct supervision of one or more attorneys, or any accredited representative. (5) Immigration matter.--The term ``immigration matter'' means any proceeding, filing, or action affecting the immigration or citizenship status of any person which arises under any immigration or naturalization law, Executive order, Presidential proclamation, or action of the Immigration and Naturalization Service, other component of the Department of Justice, the Department of State, or the Department of Labor. SEC. 4. PROHIBITED ACTS AND CRIMINAL PENALTIES. (a) Prohibited Acts.--It shall be unlawful for any immigration consultant intentionally, or with reckless disregard for the truth to-- (1) make any false or misleading statement to any client, prospective client, or the public while providing, offering, or advertising services; (2) make any statement indicating or implying that the immigration consultant can or will obtain special favors from, or has special influence with, any government agency; (3) retain any compensation for any service not performed; (4) refuse to return any document supplied by, prepared on behalf of, or paid for by, any client or prospective client, even in the event of a fee dispute; (5) select forms to be filed with any government agency in connection with an immigration matter; (6) provide information to any government agency without the client's knowledge and consent; (7) engage in the unauthorized practice of law in connection with an immigration matter, as such is defined by applicable State statutes, regulations, rules or municipal ordinances, in conjunction with an immigration matter; and (8) hold himself or herself out to any client, prospective client, or to the public as engaging in or entitled to engage in the practice of law, or uses any title in any language, such as ``notario'' or ``notary public'', to convey attorney status. (b) Criminal Penalties.--Any immigration consultant who commits any act set forth in subsection (a) shall be fined under title 18 of the United States Code, imprisoned not more than five years, or both. SEC. 5. ADVERTISEMENT DISCLAIMER, NOTICE AND WRITTEN CONTRACT. (a) Advertisement Disclaimer.--It shall be unlawful for an immigration consultant to make any advertisement unless the advertisement includes a statement that the immigration consultant is not an attorney, that the consultant cannot provide legal advice or select forms for use by clients or prospective clients and that he or she cannot obtain special favors from and has no special influence with, the Immigration and Naturalization Service. (b) Notice.--It shall be unlawful for an immigration consultant to perform immigration consulting services unless, in any office in which an immigration consultant meets with clients or prospective clients, the immigration consultant has conspicuously displayed a notice, not smaller than 12 inches by 20 inches and in boldface print no smaller than one inch in height, that includes-- (1) a statement that the immigration consultant is not an attorney, cannot select forms for use by the client, and cannot provide legal services in any immigration matter; and (2) a statement that the immigration consultant cannot obtain special favors from, and has no special influence with, the Immigration and Naturalization Service. (c) Written Contract.--It shall be unlawful for an immigration consultant knowingly to act in an immigration matter unless the person has entered into a written contract (in both English and the other principal language of the client, if not English) with the client that includes-- (1) a description of all services to be performed by the person under the agreement; (2) the amount to be paid by the client; (3) a statement, printed on the face of the contract in boldface type no smaller than 10 point, that the person is not licensed and authorized to practice law in the State in which the immigration consultant services are to be performed and is unable to perform legal services; (4) a statement, printed on the face of the contract in boldface type no smaller than 10 point, that any document provided to the immigration consultant in connection with the immigration matter may not be retained by the immigration consultant and must be returned to the client at any time requested by the client; (5) a statement that the client may rescind the contract within 72 hours of the time it is executed and receive a full refund of all monies paid to the immigration consultant; and (6) a statement certifying that a copy of the contract has been provided to the client upon execution of the contract. (d) Criminal Penalties.--Any immigration consultant who knowingly fails to perform any requirement set forth in this section shall be fined under title 18 of the United States Code, imprisoned not more than one year, or both. SEC. 6. CIVIL ENFORCEMENT. (a) Aggrieved Parties.--Any person aggrieved by reason of any violation of section 4 or 5 may commence a civil action in any appropriate United States district court for the relief set forth in subsection (d). (b) Civil Actions by the Attorney General.--If the Attorney General of the United States has reasonable cause to believe that any person or group of persons is being, has been, or may be injured by reason of any violation of section 4 or 5, the Attorney General may commence a civil action in any appropriate United States district court for the relief set forth in subsections (d) and (e). (c) Civil Actions by State Attorneys General.--If the Attorney General of a State has reasonable cause to believe that any person or group of persons is being, has been, or may be injured by reason of any violation of section 4 or 5, such Attorney General may commence a civil action in the name of such State, as parens patriae on behalf of persons residing in such State, in any appropriate United States district court for the relief set forth in subsections (d) and (e). (d) Relief.--In any civil action brought under this section, the court may award appropriate relief, including temporary, preliminary, or permanent injunctive relief and compensatory and punitive damages, as well as the costs of suit and reasonable fees for attorneys and expert witnesses. Injunctive relief may include, where appropriate, an order temporarily or permanently enjoining the defendant from serving as an immigration consultant in any immigration matter. (e) Civil Penalties.--In addition to the relief provided for in subsection (d), which the Attorney General or any State Attorney General may seek on behalf of aggrieved parties, the court may also assess a civil penalty not exceeding $50,000 for first violations, and $100,000 for subsequent violations, when sought by the Attorney General of the United States or any State Attorney General. SEC. 7. TASK FORCES. (a) Establishment of Task Forces.--The Attorney General shall establish task forces composed of Federal investigatory and prosecutorial personnel, and any State or local personnel who may be assigned by States to serve, in the eight districts determined by the Attorney General to contain the largest numbers of aliens subject to violations of sections 4 and 5. Such task forces shall investigate, criminally prosecute, and bring civil suits based on violations of sections 4 and 5, section 274C of the Immigration and Nationality Act, section 1546 of title 18, United States Code, and any other applicable Federal or State laws. (b) Authorization of Appropriations.-- (1) In general.--There is authorized to be appropriated to the Department of Justice $7,000,000 for each of fiscal years 2001, 2002, and 2003 to carry out this section. (2) Availability of funds.--Amounts appropriated pursuant to paragraph (1) are authorized to remain available until expended. SEC. 8. OUTREACH BY IMMIGRATION AND NATURALIZATION SERVICE. (a) Outreach Program.--The Commissioner of Immigration and Naturalization shall establish a program to inform aliens about-- (1) the obligations of immigration consultants under this Act; (2) methods of law enforcement, redress, and assistance under this Act and any other related law, regulation, or program established by the Immigration and Naturalization Service or other Federal, State, or local agency; and (3) the hotline to be established under subsection (b). (b) Hotline.--The Commissioner of Immigration and Naturalization shall establish a toll-free hotline to be used by aliens and others with knowledge or information of violations of sections 4 and 5, section 274C of the Immigration and Nationality Act, section 1546 of title 18, United States Code, or any related State or local laws. Callers shall be permitted to provide information anonymously. In situations deemed appropriate by the Commissioner of the Immigration and Naturalization Service, callers or information provided by callers shall be forwarded to appropriate Federal or State law enforcement authorities. (c) Authorization of Appropriations.-- (1) In general.--There is authorized to be appropriated to the Department of Justice $7,000,000 for each of fiscal years 2001, 2002, and 2003 in order to carry out this section. (2) Availability of funds.--Amounts appropriated pursuant to paragraph (1) are authorized to remain available until expended. SEC. 9. CONFIDENTIALITY. (a) In General.--Except as otherwise provided in this section, neither the Attorney General nor any other official or employee of the Department of Justice or any bureau or agency thereof may use the information provided by any person (including an alien not lawfully present in the United States) in relation to a violation of sections 4 and 5 for any purpose other than to carry out this Act. If such information is provided by an alien not lawfully present in the United States, such information shall not be used for the purpose of identifying or removing the person from the United States or imposing other sanctions against the person. (b) Exception.--Subsection (a) shall not apply if the Attorney General or other official or employee of the Department of Justice, or bureau or agency thereof, determines that the information was not provided in good faith in conjunction with a credible report relating to a violation of this Act, but was provided in order to evade the application of Federal immigration law. (c) Criminal Penalty.--Whoever knowingly uses information in violation of this section shall be fined not more than $10,000. SEC. 10. NONPREEMPTION OF MORE PROTECTIVE STATE AND LOCAL LAWS. The provisions of this Act supersede State laws, regulations, and municipal ordinances only to the extent such State and local laws impede the application of any provision of this Act. States and municipalities may impose requirements supplementing those imposed by this Act.	Directs the Attorney General to establish specified district task forces to enforce such provisions. Authorizes appropriations. Directs the Commissioner of the Immigration and Naturalization Service to establish related outreach programs, including a toll-free hotline. Authorizes appropriations. Provides for confidentiality of related information and criminal penalties for violations of such confidentiality.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Voluntary Support for Reservists and National Guard Members Act''. SEC. 2. DESIGNATION OF OVERPAYMENTS TO SUPPORT RESERVISTS. (a) Designation.-- (1) In general.--Subchapter A of chapter 61 of the Internal Revenue Code of 1986 is amended by adding at the end the following new part: ``PART IX--DESIGNATION OF OVERPAYMENTS TO SUPPORT RESERVISTS ``Sec. 6097. Designation. ``SEC. 6097. DESIGNATION. ``(a) In General.--In the case of an individual, with respect to each taxpayer's return for the taxable year of the tax imposed by chapter 1, such taxpayer may designate that a specified portion (not less than $1) of any overpayment of tax for such taxable year be paid over to the Reservist Income Differential Trust Fund. ``(b) Manner and Time of Designation.--A designation under subsection (a) may be made with respect to any taxable year only at the time of filing the return of the tax imposed by chapter 1 for such taxable year. Such designation shall be made in such manner as the Secretary prescribes by regulations except that such designation shall be made either on the first page of the return or on the page bearing the taxpayer's signature. ``(c) Overpayments Treated as Refunded.--For purposes of this title, any portion of an overpayment of tax designated under subsection (a) shall be treated as-- ``(1) being refunded to the taxpayer as of the last date prescribed for filing the return of tax imposed by chapter 1 (determined without regard to extensions) or, if later, the date the return is filed, and ``(2) a contribution made by such taxpayer on such date to the United States.''. (2) Transfers to reservist income differential trust fund.--The Secretary of the Treasury shall, from time to time, transfer to the Reservist Income Differential Trust Fund the amounts designated under section 6097 of the Internal Revenue Code of 1986. (3) Clerical amendment.--The table of parts for subchapter A of chapter 61 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: ``Part IX. Designation of overpayments to support reservists.''. (b) Reservist Income Differential Trust Fund.-- (1) In general.--Subchapter A of chapter 98 of the Internal Revenue Code of 1986 (relating to trust fund code) is amended by adding at the end the following new section: ``SEC. 9511. RESERVIST INCOME DIFFERENTIAL TRUST FUND. ``(a) Establishment.--There is established in the Treasury of the United States a trust fund to be known as the `Reservist Income Differential Trust Fund', consisting of such amounts as may be appropriated or credited to such Trust Fund as provided in this section or section 9602(b). ``(b) Transfers to Trust Fund.--There are hereby appropriated to the Reservist Income Differential Trust Fund amounts equivalent to the amounts designated under section 6097 (relating to designation of overpayments to support reservists). ``(c) Expenditures.--Amounts in the Reservist Income Differential Trust Fund shall be available for making distributions to eligible members of reserve components in accordance with section 212 of title 37, United States Code.''. (2) Clerical amendment.--The table of sections for such subchapter is amended by adding at the end the following new item: ``Sec. 9511. Reservist Income Differential Trust Fund.''. (c) Effective Dates.-- (1) Subsection (a).--The amendments made by subsection (a) shall apply to taxable years beginning after December 31, 2003. (2) Subsection (b).--The amendments made by subsection (b) shall take effect on the date of the enactment of this Act. SEC. 3. PAY DIFFERENTIAL FOR MOBILIZED RESERVES. (a) Authority.-- (1) In general.--Chapter 3 of title 37, United States Code, is amended by adding at the end the following new section: ``Sec. 212. Reserves on active duty: pay differential for service in support of a contingency operation ``(a) Authority.--To the extent provided in appropriations Acts, the Secretary of a military department shall pay an eligible member of a reserve component of the armed forces a pay differential computed under subsection (c). ``(b) Eligible Member.--A member of a reserve component is eligible for a pay differential for each month during which the member is serving on active duty for a period of more than 30 days pursuant to a call or order to active duty under a provision of law referred to in section 101(a)(13)(B) of title 10. ``(c) Amount.--(1) Subject to paragraphs (2) and (3), the amount of a pay differential paid under this section for a month to a member called or ordered to active duty as described in subsection (b) shall be equal to the excess of-- ``(A) the monthly rate of the salary, wage, or similar form of compensation that applied to the member in the member's position of employment (if any) for the last full month before the month in which the member either commenced the period of active duty to which called or ordered or commenced the performance of duties for the armed forces in another duty status in preparation for the performance of the active duty to which called or ordered, over ``(B) the monthly rate of basic pay payable to the member under section 204 of this title for such month of active-duty service. ``(2) The Secretary concerned may pay a member a pay differential under this section for a month in an amount less than the amount computed under paragraph (1) if the Secretary concerned determines that it is necessary to do so on the basis of the availability of funds for such purpose. ``(3) A member may not be paid more than a total of $25,000 under this section. ``(d) Funding.--(1) Pay differentials under this section shall be paid out of funds that are transferred from the Reservist Income Differential Trust Fund to military personnel accounts for the purposes of this section. ``(2) The Secretary of Defense and the Secretary of the Treasury shall jointly prescribe regulations providing for transfers of funds in the Reservist Income Differential Trust Fund to the appropriate military personnel accounts to make payments under this section. ``(3) In this section, the term `Reservist Income Differential Trust Fund' means the Reservist Income Differential Trust Fund referred to in section 6097 of the Internal Revenue Code.''. (2) Clerical amendment.--The table of sections at the beginning of such chapter is amended by adding at the end the following new item: ``212. Reserves on active duty: pay differential for service in support of a contingency operation.''. (b) Effective Date.--Section 212 of title 37, United States Code, shall take effect on October 1, 2004, and shall apply with respect to months that begin on or after that date.	Voluntary Support for Reservists and National Guard Members Act - Amends the Internal Revenue Code to permit a taxpayer to designate a specified portion of any tax overpayment to the Reservist Income Differential Trust Fund (the Fund). Establishes such Fund. Directs the Secretary of a military department, to the extent provided in appropriations Acts, to pay an eligible member of a reserve component of the armed forces a pay differential, according to a specified formula, of up to a maximum amount of $25,000. Provides for funding from the Fund.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Physician Availability Act of 2008''. SEC. 2. REQUIREMENT FOR PHYSICIAN AVAILABILITY IN ACUTE CARE HOSPITALS. (a) In General.--Each covered hospital shall have a qualified physician available in the hospital 24 hours a day, seven days a week to attend to the needs of inpatients of the hospital. (b) Definitions.--For purposes of this section: (1) Covered hospital.-- (A) In general.--Subject to subparagraph (B), the term ``covered hospital'' means a subsection (d) hospital (as defined in section 1886(d)(1)(B) of the Social Security Act (42 U.S.C. 1395ww(d)(1)(B)) that-- (i) has a participation agreement in effect under section 1866 of such Act (42 U.S.C. 1395cc); (ii) is participating in the program under title XIX of such Act; or (iii) is receiving Federal funds under a grant or cooperative agreement. (B) Exclusion for federal facilities and small hospitals.--Such term does not include a hospital that-- (i) is a facility of the Federal Government; or (ii) the Secretary of Health and Human Services determines has fewer than 100 licensed beds (as defined by the Secretary). (2) Physician; qualified physician.-- (A) The term ``physician'' means, with respect to a hospital, an individual who is a doctor of medicine or osteopathy legally authorized under State law to practice medicine and surgery in that hospital. (B) The term ``qualified physician'' means, with respect to a hospital, an individual who is a physician and whose credentials as such a physician have been verified by the administration of the hospital (before providing any services at the hospital) through appropriate means, including verification through the National Practitioner Databank. (3) Physician availability.--A physician is considered to be ``available'' in a hospital if-- (A) the physician is physically present in the hospital; (B) the physician's primary responsibility is to be in attendance to serve the needs of the hospital's inpatients without delay; and (C) the physician is not physically present in, assigned to, serving in, or expected to cover, the hospital's emergency room or emergency department. (c) Enforcement.-- (1) Warning.--If the Secretary of Health and Human Services (in this section referred to as the ``Secretary'') determines that a hospital has violated subsection (a), in the first instance the Secretary shall provide a written warning regarding such violation to the hospital and shall notify the Inspector General of the Department of Health and Human Services (in this section referred to as the ``HHS Inspector General'') of such violation. Subsequently, the HHS Inspector General shall monitor the compliance of the hospital with the requirement of subsection (a). (2) Second violation.--After providing a warning to a hospital under paragraph (1), if the Secretary determines that the hospital subsequently and knowingly violates subsection (a)-- (A) the hospital is subject to a civil money penalty in an amount not to exceed $100,000, and (B) the hospital shall submit to the HHS Inspector General, by not later than 30 days after the date of such a determination, a remedial plan to prevent future violations of the requirement of such subsection. The provisions of section 1128A of the Social Security Act (42 U.S.C. 1320a-7a), other than subsections (a) and (b) of such section, shall apply to civil money penalties under subparagraph (A) in the same manner as they apply to a penalty or proceeding under subsection (a) of such section. (3) Subsequent violations.--After imposing a civil money penalty under paragraph (2) against a hospital, if the Secretary determines that the hospital subsequently and knowingly violates subsection (a), the Secretary may issue an order disqualifying the hospital from participation in the programs under titles XVIII and XIX of the Social Security Act and from receipt of Federal funds under any grant or cooperative agreement for such period as the Secretary specifies and until the Secretary receives satisfactory assurances that the hospital will be in substantial compliance with the requirement of subsection (a). (4) Failure to submit or comply with remedial plan.--If the Secretary determines, after consultation with the HHS Inspector General, that a hospital has failed to submit a satisfactory remedial plan required under paragraph (2)(B) or is failing to substantially carry out such a plan, the Secretary may suspend payment of funds to the hospital under titles XVIII and XIX of the Social Security Act and under Federal grants or cooperative agreements until the Secretary receives satisfactory assurances that such failures will not continue. (d) Effective Date.--This section shall take effect on the first day of the first month that begins more than 180 days after the date of the enactment of this Act.	Physician Availability Act of 2008 - Requires each covered hospital to have a qualified physician available in the hospital 24 hours a day, seven days a week, to attend to the needs of the hospital's inpatients. Defines a "covered hospital" to: (1) include hospitals participating in Medicare or Medicaid or receiving federal funds; and (2) exclude hospitals in a federal facility or hospitals that the Secretary of Health and Human Services determines have fewer than 100 licensed beds. Considers a physician to be available if: (1) the physician is physically present in the hospital; (2) the physician's primary responsibility is to be in attendance to serve the needs of the hospital's inpatients without delay; and (3) the physician is not physically present in, assigned to, serving in, or expected to cover the hospital's emergency room or emergency department. Sets forth penalties for violations.
SECTION 1. SHORT TITLE. This Act may be cited as the ``American Opportunity Tax Credit Permanence and Consolidation Act of 2012''. SEC. 2. EXTENSION AND MODIFICATION OF AMERICAN OPPORTUNITY TAX CREDIT. (a) In General.--Section 25A of the Internal Revenue Code of 1986 is amended to read as follows: ``SEC. 25A. AMERICAN OPPORTUNITY TAX CREDIT. ``(a) Allowance of Credit.--In the case of an individual who is an eligible student for any taxable year, there shall be allowed as a credit against the tax imposed by this chapter for such taxable year the amount determined under subsection (b) with respect to such individual. ``(b) Amount of Credit.-- ``(1) Student enrolled at least \1/2\ time.--In the case of an eligible student who is carrying at least \1/2\ the normal full-time workload for the course of study the student is pursuing, the amount determined under this subsection with respect to such individual is the sum of-- ``(A) 100 percent of so much of the qualified tuition and related expenses paid by the taxpayer during the taxable year (for education furnished to the eligible student during any academic period beginning in such taxable year) as does not exceed $2,000, plus ``(B) 25 percent of such expenses so paid as exceeds $2,000 but does not exceed $6,000. ``(2) Other students.--In the case of an eligible student not described in paragraph (1), the amount determined under this subsection with respect to such individual is 30 percent of so much of the qualified tuition and related expenses paid by the taxpayer during the taxable year (for education furnished to the eligible student during any academic period beginning in such taxable year) as does not exceed $10,000. ``(c) Dollar Limitations.-- ``(1) Limitation based on modified adjusted gross income.-- ``(A) In general.--The amount which would (but for this paragraph) be taken into account under this section for the taxable year shall be reduced (but not below zero) by the amount determined under paragraph (2). ``(B) Amount of reduction.--The amount determined under this paragraph is the amount which bears the same ratio to the amount which would be so taken into account as-- ``(i) the excess of-- ``(I) the taxpayer's modified adjusted gross income for such taxable year, over ``(II) $80,000 ($160,000 in the case of a joint return), bears to ``(ii) $20,000 ($40,000 in the case of a joint return). ``(C) Modified adjusted gross income.--For purposes of this paragraph, the term `modified adjusted gross income' means the adjusted gross income of the taxpayer for the taxable year increased by any amount excluded from gross income under section 911, 931, or 933. ``(2) Limitation based on amount of tax.--In the case of a taxable year to which section 26(a)(2) does not apply, the credit allowed under this section shall not exceed the excess of-- ``(A) the sum of the regular tax liability (as defined in section 26(b)) plus the tax imposed by section 55, over ``(B) the sum of the credits allowable under this subpart (other than this subsection and sections 23, 25D, and 30D) and section 27 for the taxable year. ``(d) Other Limitations and Special Rules.--For purposes of this section: ``(1) Lifetime dollar limitation.--In the case of qualified tuition and related expenses with respect to any individual, the aggregate amount of the credits claimed under this section for all taxable years shall not exceed $15,000, determined without regard to whether-- ``(A) such credits are claimed on the return of tax filed by the individual or by another taxpayer, or ``(B) such expenses are treated as paid by the individual or by another taxpayer. ``(2) Reporting.--No credit shall be allowed under this section to a taxpayer with respect to the qualified tuition and related expenses of an eligible student unless the taxpayer includes the name and taxpayer identification number of such eligible student on the return of tax for the taxable year. ``(3) Adjustment for certain scholarships, etc.-- ``(A) In general.--The amount of qualified tuition and related expenses otherwise taken into account under this section with respect to an individual for an academic period shall be reduced (before the application of subsections (b) and (c)) by the sum of any amounts paid for the benefit of such individual which are allocable to such period as-- ``(i) a qualified scholarship which is excludable from gross income under section 117, ``(ii) an educational assistance allowance under chapter 30, 31, 32, 34, or 35 of title 38, United States Code, or under chapter 1606 of title 10, United States Code, and ``(iii) a payment (other than a gift, bequest, devise, or inheritance within the meaning of section 102(a)) for such individual's educational expenses, or attributable to such individual's enrollment at an eligible educational institution, which is excludable from gross income under any law of the United States. ``(B) Coordination with pell grants not used for qualified tuition and related expenses.--Any amount determined with respect to an individual under subparagraph (A) which is attributable to a Federal Pell Grant under section 401 of the Higher Education Act of 1965 shall be reduced (but not below zero) by the amount of the expenses (other than qualified tuition and related expenses) which are taken into account in determining the cost of attendance (as defined in section 472 of the Higher Education Act of 1965, as in effect on the date of the enactment of the American Opportunity Tax Credit Permanence and Consolidation Act of 2012) of such individual at an eligible educational institution for the academic period for which the credit under this section is being determined. ``(4) Treatment of expenses paid by dependent.--If a deduction under section 151 with respect to an individual is allowed to another taxpayer for a taxable year beginning in the calendar year in which such individual's taxable year begins-- ``(A) no credit shall be allowed under this section to such individual for such individual's taxable year, and ``(B) qualified tuition and related expenses paid by such individual during such individual's taxable year shall be treated for purposes of this section as paid by such other taxpayer. ``(5) Treatment of certain prepayments.--If qualified tuition and related expenses are paid by the taxpayer during a taxable year for an academic period which begins during the first 3 months following such taxable year, such academic period shall be treated for purposes of this section as beginning during such taxable year. ``(6) Denial of double benefit.--No credit shall be allowed under this section for any expense for which a deduction is allowed under any other provision of this chapter. ``(7) No credit for married individuals filing separate returns.--If the taxpayer is a married individual (within the meaning of section 7703), this section shall apply only if the taxpayer and the taxpayer's spouse file a joint return for the taxable year. ``(8) Nonresident aliens.--If the taxpayer is a nonresident alien individual for any portion of the taxable year, this section shall apply only if such individual is treated as a resident alien of the United States for purposes of this chapter by reason of an election under subsection (g) or (h) of section 6013. ``(e) Election Not To Have Section Apply.--A taxpayer may elect not to have this section apply with respect to the qualified tuition and related expenses of an individual for any taxable year. ``(f) Definitions.--For purposes of this section: ``(1) Eligible student.--The term `eligible student' means, with respect to any taxable year, an individual who-- ``(A) is enrolled for at least one academic period which begins during such taxable year at an eligible educational institution, and ``(B) meets the requirements of section 484(a)(1) of the Higher Education Act of 1965, as in effect on the date of the enactment of the American Opportunity Tax Credit Permanence and Consolidation Act of 2012. ``(2) Qualified tuition and related expenses.-- ``(A) In general.--The term `qualified tuition and related expenses' means tuition, fees, and course materials required for the enrollment or attendance of-- ``(i) the taxpayer, ``(ii) the taxpayer's spouse, or ``(iii) any dependent of the taxpayer with respect to whom the taxpayer is allowed a deduction under section 151, at an eligible educational institution for courses of instruction of such individual at such institution. ``(B) Exception for education involving sports, etc.--Such term does not include expenses with respect to any course or other education involving sports, games, or hobbies, unless such course or other education is part of the individual's degree program. ``(C) Exception for nonacademic fees.--Such term does not include student activity fees, athletic fees, insurance expenses, or other expenses unrelated to an individual's academic course of instruction. ``(D) Computer technology and equipment.--Such term includes expenses for the purchase of computer technology or equipment (as defined in section 170(e)(6)(F)(i)), or Internet access and related services, only to the extent the purchase of such technology, equipment, or services is specifically required by the individual's academic course of instruction or degree program. ``(3) Eligible educational institution.--The term `eligible educational institution' means an institution-- ``(A) which is described in section 481 of the Higher Education Act of 1965, as in effect on the date of the enactment of the American Opportunity Tax Credit Permanence and Consolidation Act of 2012, and ``(B) which is eligible to participate in a program under title IV of such Act. ``(g) Portion of Credit Refundable.--Forty percent of the credit allowed under this section (determined after application of subsections (c)(1) and (d) and without regard to this subsection and section 26(a)(2) or subsection (c)(2), as the case may be) shall be treated as a credit allowable under subpart C (and not allowed under this section). The preceding sentence shall not apply to any taxpayer for any taxable year if such taxpayer is a child to whom subsection (g) of section 1 applies for such taxable year. ``(h) Regulations.--The Secretary may prescribe such regulations as may be necessary or appropriate to carry out this section, including regulations providing for a recapture of the credit allowed under this section in cases where there is a refund in a subsequent taxable year of any amount which was taken into account in determining the amount of such credit.''. (b) Clerical Amendment.--The item relating to section 25A in the table of sections for subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended to read as follows: ``Sec. 25A. American Opportunity Tax Credit.''. (c) Conforming Amendments.-- (1) Subparagraph (B) of section 24(b)(3) of the Internal Revenue Code of 1986 is amended by striking ``25A(i)'' and inserting ``25A''. (2) Clause (ii) of section 25(e)(1)(C) of such Code is amended by striking ``25A(i)'' and inserting ``25A''. (3) Paragraph (2) of section 25B(g) of such Code is amended by striking ``25A(i)'' and inserting ``25A''. (4) Paragraph (1) of section 26(a) of such Code is amended by striking ``25A(i)'' and inserting ``25A''. (5) Subparagraph (B) of section 72(t)(7) of such Code is amended by striking ``25A(g)(2)'' and inserting ``25A(d)(3)''. (6) Paragraph (2) of section 221(d) of such Code is amended-- (A) by striking ``25A(g)(2)'' in subparagraph (B) and inserting ``25A(d)(3)'', and (B) by striking ``25A(f)(2)'' and inserting ``25A(f)(3)''. (7) Paragraph (3) of section 221(d) of such Code is amended by striking ``25A(b)(3)'' and inserting ``25A(f)(1) (but only with respect to a student who is carrying at least \1/2\ the normal full-time workload for the course of study the student is pursuing)''. (8) Paragraph (1) of section 222(d) of such Code is amended-- (A) by striking ``25A(f)'' and inserting ``25A(f)(2)'', and (B) by striking ``25A(g)(2)'' and inserting ``25A(d)(3)''. (9) Clause (v) of section 529(c)(3)(B) of such Code is amended-- (A) by striking ``25A(g)(2)'' in subclause (I) and inserting ``25A(d)(3)'', and (B) by striking ``Hope and lifetime learning credits'' in the heading and inserting ``American opportunity credit''. (10) Clause (i) of section 529(e)(3)(B) of such Code is amended by striking ``25A(b)(3)'' and inserting ``25A(f)(1) (but only with respect to a student who is carrying at least \1/2\ the normal full-time workload for the course of study the student is pursuing)''. (11) Subparagraph (C) of section 530(d)(2) of such Code is amended-- (A) by striking ``25A(g)(2)'' in clause (i)(I) and inserting ``25A(d)(3)'', and (B) by striking ``Hope and lifetime learning credits'' in the heading and inserting ``American opportunity credit''. (12) Clause (iii) of section 530(d)(4)(B) of such Code is amended by striking ``25A(g)(2)'' and inserting ``25A(d)(3)''. (13) Subsection (i) of section 904 of such Code is amended by striking ``25A(i)'' and inserting ``25A''. (14) Paragraph (2) of section 1400C(d) of such Code is amended by striking ``25A(i)'' and inserting ``25A''. (15) Section 1400O of such Code is amended-- (A) by striking ``25A(f)(2)'' and inserting ``25A(f)(3)'', (B) by inserting ``(as in effect on the date of the enactment of this section)'' after ``25A(b)(1)'' in paragraph (2), and (C) by inserting ``(as in effect on the date of the enactment of this section)'' after ``25A(c)(1)'' in paragraph (3). (16) Subsection (e) of section 6050S of such Code is amended by striking ``subsection (g)(2)'' and inserting ``subsection (d)(3)''. (17) Subparagraph (A) of section 6211(b)(4) of such Code is amended by striking ``subsection (i)(6)'' and inserting ``subsection (g)''. (18) Subparagraph (J) of section 6213(g)(2) of such Code is amended by striking ``25A(g)(1)'' and inserting ``25A(d)(2)''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2011. SEC. 3. EXPANSION OF PELL GRANT EXCLUSION FROM GROSS INCOME. (a) In General.--Paragraph (1) of section 117(b) of the Internal Revenue Code of 1986 is amended by striking ``received by an individual'' and all that follows and inserting ``received by an individual-- ``(1) as a scholarship or fellowship grant to the extent the individual establishes that, in accordance with the conditions of the grant, such amount was used for qualified tuition and related expenses, or ``(2) as a Federal Pell Grant under section 401 of the Higher Education Act of 1965 (as in effect on the date of the enactment of the American Opportunity Tax Credit Permanence and Consolidation Act of 2012).''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2011.	American Opportunity Tax Credit Permanence and Consolidation Act of 2012 - Amends the Internal Revenue Code to replace the Hope Scholarship and Lifetime Learning tax credits with a new American Opportunity Tax Credit that: (1) allows an income tax credit of up to $3,000 of the qualified tuition and related expenses of a student who is carrying at least one half of a normal course load, (2) increases the income threshold for reductions in the credit amount based upon modified adjusted gross income, (3) allows a lifetime dollar limitation on such credit of $15,000 for all taxable years, and (4) makes 40% of the credit refundable. Allows an exclusion from gross income of any amount received as a Federal Pell Grant.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Supplemental Security Income Restoration Act of 2013''. SEC. 2. UPDATE IN ELIGIBILITY FOR THE SUPPLEMENTAL SECURITY INCOME PROGRAM. (a) Update in General Income Exclusion.--Section 1612(b)(2)(A) of the Social Security Act (42 U.S.C. 1382a(b)(2)(A)) is amended by striking ``$240'' and inserting ``$1,320 (increased as described in section 1617(d) for each calendar year after 2015)''. (b) Update in Earned Income Exclusion.--Section 1612(b)(4) of such Act (42 U.S.C. 1382a(b)(4)) is amended by striking ``$780'' each place it appears and inserting ``$4,284 (increased as described in section 1617(d) for each calendar year after 2015)''. (c) Update in Resource Limit for Individuals and Couples.--Section 1611(a)(3) of such Act (42 U.S.C. 1382(a)(3)) is amended-- (1) in subparagraph (A), by striking ``$2,250'' and all that follows through the end of the subparagraph and inserting ``$15,000 in calendar year 2015, and shall be increased as described in section 1617(d) for each subsequent calendar year.''; and (2) in subparagraph (B), by striking ``$1,500'' and all that follows through the end of the subparagraph and inserting ``$10,000 in calendar year 2015, and shall be increased as described in section 1617(d) for each subsequent calendar year.''. (d) Inflation Adjustment.--Section 1617 of such Act (42 U.S.C. 1382f) is amended-- (1) in the section heading, by inserting ``; inflation adjustment'' after ``benefits''; and (2) by adding at the end the following: ``(d) In the case of any calendar year after 2015, each of the amounts specified in sections 1611(a)(3), 1612(b)(2)(A), and 1612(b)(4) shall be increased by multiplying each such amount by the quotient (not less than 1) obtained by dividing-- ``(1) the average of the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W, as published by the Bureau of Labor Statistics of the Department of Labor) for the 12-month period ending with September of the preceding calendar year, by ``(2) such average for the 12-month period ending with September 2014.''. SEC. 3. SUPPORT AND MAINTENANCE FURNISHED IN KIND NOT INCLUDED AS INCOME. (a) In General.--Section 1612(a)(2) of such Act (42 U.S.C. 1382a(a)(2)) is amended-- (1) by inserting ``(other than support or maintenance furnished in kind)'' after ``all other income''; and (2) in subparagraph (A)-- (A) by striking ``or kind''; (B) by striking clause (i) and redesignating clauses (ii) and (iii) as clauses (i) and (ii), respectively; and (C) in clause (ii) (as so redesignated), by striking ``and the provisions of clause (i) shall not be applicable''. (b) Conforming Amendments.-- (1) Section 1611(c) of such Act (42 U.S.C. 1382(c)) is amended by striking paragraph (6) and redesignating paragraphs (7) through (10) as paragraphs (6) through (9), respectively. (2) Section 1612(a)(2) of such Act (42 U.S.C. 1382a(a)(2)) is amended-- (A) in subparagraph (F), by inserting ``and'' at the end; (B) in subparagraph (G), by striking ``; and'' and inserting a period; (C) by moving subparagraph (G) 2 ems to the right; and (D) by striking subparagraph (H). (3) Section 1621(c) of such Act (42 U.S.C. 1382j(c)) is amended to read as follows: ``(c) In determining the amount of income of an alien during the period of 5 years after such alien's entry into the United States, support or maintenance furnished in cash to the alien by such alien's sponsor (to the extent that it reflects income or resources which were taken into account in determining the amount of income and resources to be deemed to the alien under subsection (a) or (b) of this section) shall not be considered to be income of such alien under section 1612(a)(2)(A).''. SEC. 4. REPEAL OF PENALTY FOR DISPOSAL OF RESOURCES FOR LESS THAN FAIR MARKET VALUE. Section 1613(c) of such Act (42 U.S.C. 1382b(c)) is amended to read as follows: ``(c) Notification of Medicaid Policy Restricting Eligibility of Institutionalized Individuals for Benefits Based on Disposal of Resources for Less Than Fair Market Value.--(1) At the time an individual (and the individual's eligible spouse, if any) applies for benefits under this title, and at the time the eligibility of an individual (and such spouse, if any) for such benefits is redetermined, the Commissioner of Social Security shall-- ``(A) inform such individual of the provisions of section 1917(c) providing for a period of ineligibility for benefits under title XIX for individuals who make certain dispositions of resources for less than fair market value, and inform such individual that information obtained pursuant to subparagraph (B) will be made available to the State agency administering a State plan under title XIX (as provided in paragraph (2)); and ``(B) obtain from such individual information which may be used by the State agency in determining whether or not a period of ineligibility for such benefits would be required by reason of section 1917(c). ``(2) The Commissioner of Social Security shall make the information obtained under paragraph (1)(B) available, on request, to any State agency administering a State plan approved under title XIX.''. SEC. 5. EFFECTIVE DATE. The amendments made by this Act shall take effect on January 1, 2015.	Supplemental Security Income Restoration Act of 2013 - Amends title XVI (Supplemental Security Income) (SSI) of the Social Security Act (SSA) to increase from $240 to $1,320 (increased for inflation each calendar year after 2015) the first amount of general income per year excluded in determining SSI program eligibility. Increases from: (1) $780 to $4,284 (similarly increased) the first amount of earned income similarly excluded (including for a blind or disabled individual [or spouse] under age 65), (2) $3,000 to $15,000 in calendar year 2015 (increased for inflation) the resource limit for couples, and (3) $2,000 to $10,000 in calendar year 2015 (similarly increased) for individuals without a spouse. Prescribes an inflation adjustment in benefits in any calendar year after 2015. Removes support and maintenance furnished in kind from determination of unearned income. Repeals the administrative penalty which renders individuals (and spouses) ineligible for SSI for a certain period of time if after the look-back date (usually 36 months preceding their application for SSI) they dispose of their resources for less than market value.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Oxon Run Parkway Land Transfer and Restoration Act''. SEC. 2. DEFINITIONS. For the purposes of this Act: (1) The term ``ancillary facilities'' means structures that enhance and contribute to the pleasure and enjoyment of occupants and are compatible with the development of a community of single family homes for low and moderate income families. (2) The term ``District'' means the District of Columbia. (3) The term ``initial sale'' means the first sale of a home constructed by the District or any third party designated by the District to carry out the purposes of this Act to a person or persons qualified to purchase a home pursuant to this Act. (4) The term ``low and moderate income'' means having an annual income that is less than or equal to the median annual income in the District of Columbia. (5) The term ``Secretary'' means the Secretary of the Interior. SEC. 3. CONVEYANCE OF PROPERTY TO DISTRICT OF COLUMBIA FOR LOW AND MODERATE INCOME HOUSING USE. (a) In General.--The Secretary of the Interior shall, notwithstanding any other provision of law, convey, not later than six months after the date of enactment of this Act, to the District of Columbia by quitclaim deed without consideration, all right, title, and interest of the United States in and to the property described in section 4 of this Act, subject to the condition that it be developed into a community of single-family houses with ancillary facilities for low and moderate income individuals and families and for recreational facilities. (b) Condition of Property.--No later than the time of the conveyance, the Secretary shall disclose to the District all existing information of the Secretary regarding the condition of the property and its former uses. Nothing in this subsection is to be construed to authorize the Secretary to conduct additional studies or assessments, or develop additional information on the property. SEC. 4. PROPERTY DESCRIBED. The property referred to in section 3 is a portion of the land in the District of Columbia that was formerly known as United States Reservation 501, and as depicted on NCR map numbered 69-501-87, and is bordered-- (1) on the northeast, by south Capital Street and privately owned property; (2) on the west, by a line located approximately 20 feet east of the eastern edge of Oxon Run Parkway; and (3) on the southeast, by the boundary between Maryland and the District of Columbia; consisting of approximately 25 acres. SEC. 5. EFFECT OF PROPERTY CONVEYANCE. Upon the conveyance of the property to the District pursuant to this Act-- (1) the transfer of jurisdiction from the National Park Service to the District dated August 2, 1971 shall become null and void and of no further force and effect; (2) the property shall no longer be considered to be part of Oxon Run Park and shall not be considered to be within the park system of the District; (3) the property shall cease to be a reservation, park, or public grounds of the United States for the purposes of the Act of August 24, 1912 (ch. 355, 37 Stat. 444; 40 U.S.C. 68; 8-128 D.C. Code); and (4) liability for the existing condition of the property and for any necessary remediation and restoration actions lies with the District, notwithstanding applicable law. SEC. 6. INSPECTION AND TREATMENT OF CONVEYED PROPERTY. Following conveyance of the property as provided for in section 3(a) of this Act, the District shall take all actions necessary to ensure that the property is suitable for use pursuant to this Act. The costs of all such inspections, analyses, environmental restoration, waste management, and environmental compliance activities are to be borne by the District. SEC. 7. RECONVEYANCE OF PROPERTY TO THE UNITED STATES BY THE DISTRICT. Within 6 months of the conveyance described in section 3(a) of this Act, the District may reconvey to the United States without consideration, all right, title and interest in and to the property described in section 4, if it determines pursuant to section 6 of this Act, that it cannot use the property for the purposes of this Act. The costs incurred for such reconveyance shall be borne by the District. Any and all claims and judgments arising during the period prior to such reconveyance shall remain the responsibility of the District. This reconveyance shall not be considered an admission of liability for any purpose and does not give rise to a civil action for judicial review until any and all remediation and restoration actions are completed. SEC. 8. REVERSIONARY INTEREST. (a) Use of Property.--The conveyance under section 3(a) shall be subject to the condition that the property only be developed into a community of single-family houses with ancillary facilities for low and moderate income individuals and families, and recreational facilities. Title in the property conveyed under section 1(a), or a portion thereof, shall revert to the United States 90 days after the date on which the Secretary provides written notice and opportunity to comment to the owner and to the Mayor of the District of Columbia that one of the following has occurred-- (1) Failure to commence construction of single family houses and ancillary facilities thereto, or recreational facilities, within four years after title has been conveyed pursuant to section 3(a). (2) Failure to complete construction of single family houses and ancillary facilities thereto, or recreational facilities, within 3 years after commencement of construction. (3) Placement of improvements other than those authorized by this Act. (4) The initial sale of a house constructed pursuant to this Act to a person or persons whose income collectively exceed the median annual income in the District of Columbia at the time of the initial sale. The Secretary shall determine whether a reversion is for all of the property conveyed in section 3(a) of this Act, or for a portion thereof. Any such reversion shall not include any portion of the property on which single family houses and ancillary facilities for low and moderate income individuals and families have been constructed and are ready for sale or have been previously subject to an initial sale to a low or moderate income individual or family. The Secretary shall consult with the Mayor of the District of Columbia prior to any determination that any property conveyed to the District under this Act or a portion thereof is subject to reversion to the United States. (b) Extension.--The periods referred to in this section shall be extended during-- (1) the pendency of any lawsuit which seeks to enjoin the use of this property pursuant to this Act and any actions related thereto; or (2) the time in which the District is performing any environmental restoration, waste management, and environmental compliance activities that under applicable law are required prior to the development of the property pursuant to this Act. (c) Effect of Reversion.--Following any reversion to the United States, any and all claims and judgments arising during the period prior to such reversion shall remain the responsibility of the owner of the reverting portion of the property immediately prior to reversion, and any reversion shall extinguish any and all leases, rights or privileges to use the portion of the property which reverts. SEC. 9. SAVINGS PROVISIONS. No provision of this Act shall be construed-- (1) as an express or implied endorsement or approval by the Congress of any development or operation of this property; (2) to exempt the District, after the conveyance, from compliance with the laws of the United States and the District, including laws relating to the environment, health, and safety in the development or operation of this property; (3) to prevent additional conditions on the development or operation of the property; or (4) to exempt the United States from compliance with applicable laws relating to the environment, health, and safety, except for with regard to this Act.	Oxon Run Parkway Land Transfer and Restoration Act - Directs the Secretary of the Interior to convey to the District of Columbia specified District land formerly known as United States Reservation 501 in Oxon Run Park, subject to the condition that it be developed into a community of single-family homes with ancillary facilities for low and moderate income individuals and families and recreational facilities. Requires disclosure to the District of the current property condition and its former uses. Provides for: (1) inspection and treatment of the conveyed property; (2) District authority to reconvey such property within six months if it cannot be used for the above purposes; (3) a reversionary interest to the United States if the property is not used for such purposes or if construction for such uses has not commenced within specified periods; and (4) savings provisions.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Prompt Decision for Qualification of Short Sale Act of 2010''. SEC. 2. PROMPT DECISION REGARDING SHORT SALE. (a) In General.--Chapter 2 of the Truth in Lending Act (15 U.S.C. 1631 et seq.) is amended-- (1) by redesignating the second section 129, as added by section 201(b) of the Helping Families Save Their Homes Act of 2009 (Public Law 111-22; 123 Stat. 1638), as section 129A; and (2) by inserting before section 130 (15 U.S.C. 1640) the following new section: ``SEC. 129B. PROMPT DECISION REGARDING SHORT SALE. ``(a) Requirement.--Except as provided in subsection (b) and notwithstanding any other provision of law or of any contract, including a contract between a servicer of a residential mortgage loan and a securitization vehicle or other investment vehicle, if the mortgagor under a residential mortgage loan submits to the servicer of the mortgage loan a written request for a short sale of the dwelling or residential real property that is subject to the mortgage, deed or trust, or other security interest that secures the mortgage loan, and all information required by the servicer in connection with such a request (including a copy of an executed contract between the owner of the dwelling or property and the prospective buyer that is subject to approval by the servicer), and the mortgagor does not receive from the servicer, before the expiration of the 45-day period beginning upon receipt by the servicer of such request and information, a written notification of whether such request has been approved, that such request has been approved subject to specified changes, or that additional information is required for such a determination, such request shall be considered to have been approved by the servicer. ``(b) Inapplicability to Certain Existing Mortgages.--Subsection (a) shall not apply with respect to any residential mortgage with respect to which the mortgagor and the mortgagee or servicer have entered into a written agreement before the date of the enactment of the Prompt Decision for Qualification of Short Sale Act of 2010 explicitly providing a procedure or terms for approval of a short sale. ``(c) Treatment of Other Time Limits.--This section may not be construed to preempt, annul, or otherwise affect any other provision of law or of any contract or program that provides a shorter period than is provided under subsection (a) for a decision by the servicer of a residential mortgage loan regarding a short sale of the dwelling or residential real property that is subject to the mortgage, deed or trust, or other security interest that secures the mortgage loan. ``(d) Definitions.--For purposes of this section, the following definitions shall apply: ``(1) Residential mortgage loan.--The term `residential mortgage loan' means any consumer credit transaction that is secured by a mortgage, deed of trust, or other equivalent consensual security interest on a dwelling or on residential real property that includes a dwelling, other than a consumer credit transaction under an open end credit plan or an extension of credit relating to a plan described in section 101(53D) of title 11, United States Code. ``(2) Securitization vehicle.--The term `securitization vehicle' means a trust, special purpose entity, or other legal structure that is used to facilitate the issuing of securities, participation certificates, or similar instruments backed by or referring to a pool of assets that includes residential mortgage loans (or instruments that are related to residential mortgage loans, such as credit-linked notes). ``(3) Servicer.--The term `servicer' has the meaning provided in section 129A, except that such term includes a person who makes or holds a residential mortgage loan (including a pool of residential mortgage loans) if such person also services the loan. ``(4) Short sale.--The term `short sale' means the sale of the dwelling or residential real property that is subject to the mortgage, deed or trust, or other security interest that secures a residential mortgage loan that-- ``(A) will result in proceeds in an amount that is less than the remaining amount due under the mortgage loan; and ``(B) requires authorization by the securitization vehicle or other investment vehicle or holder of the mortgage loan, or the servicer acting on behalf of such a vehicle or holder.''. (b) Applicability.--The amendment made by subsection (a) of this section shall apply to any written request for a short sale made after the date of the enactment of this Act.	Prompt Decision for Qualification of Short Sale Act of 2010 - Amends the Truth in Lending Act to consider approved a mortgagor's written request to a mortgage loan servicer for a short sale of a dwelling or residential real property if the mortgagor has not received, within 45 days after the servicer's receipt of the request, a written notification of whether the request has been approved, specified changes are required, or additional information is required. Declares this Act inapplicable to certain residential mortgages entered into before enactment of this Act which explicitly provide a procedure or terms for a short sale approval.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Expanding the Availability of Medicare Data Act''. SEC. 2. EXPANDING AVAILABILITY OF MEDICARE DATA. (a) Expanding Uses of Medicare Data by Qualified Entities.-- (1) Additional analyses.-- (A) In general.--Subject to subparagraph (B), to the extent consistent with applicable information, privacy, security, and disclosure laws (including paragraph (3)), notwithstanding paragraph (4)(B) of section 1874(e) of the Social Security Act (42 U.S.C. 1395kk(e)) and the second sentence of paragraph (4)(D) of such section, beginning July 1, 2015, a qualified entity may use the combined data described in paragraph (4)(B)(iii) of such section received by such entity under such section, and information derived from the evaluation described in such paragraph (4)(D), to conduct additional non-public analyses (as determined appropriate by the Secretary) and provide or sell such analyses to authorized users for non-public use (including for the purposes of assisting providers of services and suppliers to develop and participate in quality and patient care improvement activities, including developing new models of care). (B) Limitations with respect to analyses.-- (i) Employers.--Any analyses provided or sold under subparagraph (A) to an employer described in paragraph (9)(A)(iii) may only be used by such employer for purposes of providing health insurance to employees and retirees of the employer. (ii) Health insurance issuers.--A qualified entity may not provide or sell an analysis to a health insurance issuer described in paragraph (9)(A)(iv) unless the issuer is providing the qualified entity with data under section 1874(e)(4)(B)(iii) of the Social Security Act (42 U.S.C. 1395kk(e)(4)(B)(iii)). (2) Access to certain data.-- (A) Access.--To the extent consistent with applicable information, privacy, security, and disclosure laws (including paragraph (3)), notwithstanding paragraph (4)(B) of section 1874(e) of the Social Security Act (42 U.S.C. 1395kk(e)) and the second sentence of paragraph (4)(D) of such section, beginning July 1, 2015, a qualified entity may-- (i) provide or sell the combined data described in paragraph (4)(B)(iii) of such section to authorized users described in clauses (i), (ii), and (v) of paragraph (9)(A) for non-public use, including for the purposes described in subparagraph (B); or (ii) subject to subparagraph (C), provide Medicare claims data to authorized users described in clauses (i), (ii), and (v), of paragraph (9)(A) for non-public use, including for the purposes described in subparagraph (B). (B) Purposes described.--The purposes described in this subparagraph are assisting providers of services and suppliers in developing and participating in quality and patient care improvement activities, including developing new models of care. (C) Medicare claims data must be provided at no cost.--A qualified entity may not charge a fee for providing the data under subparagraph (A)(ii). (3) Protection of information.-- (A) In general.--Except as provided in subparagraph (B), an analysis or data that is provided or sold under paragraph (1) or (2) shall not contain information that individually identifies a patient. (B) Information on patients of the provider of services or supplier.--To the extent consistent with applicable information, privacy, security, and disclosure laws, an analysis or data that is provided or sold to a provider of services or supplier under paragraph (1) or (2) may contain information that individually identifies a patient of such provider or supplier, including with respect to items and services furnished to the patient by other providers of services or suppliers. (C) Prohibition on using analyses or data for marketing purposes.--An authorized user shall not use an analysis or data provided or sold under paragraph (1) or (2) for marketing purposes. (4) Data use agreement.--A qualified entity and an authorized user described in clauses (i), (ii), and (v) of paragraph (9)(A) shall enter into an agreement regarding the use of any data that the qualified entity is providing or selling to the authorized user under paragraph (2). Such agreement shall describe the requirements for privacy and security of the data and, as determined appropriate by the Secretary, any prohibitions on using such data to link to other individually identifiable sources of information. If the authorized user is not a covered entity under the rules promulgated pursuant to the Health Insurance Portability and Accountability Act of 1996, the agreement shall identify the relevant regulations, as determined by the Secretary, that the user shall comply with as if it were acting in the capacity of such a covered entity. (5) No redisclosure of analyses or data.-- (A) In general.--Except as provided in subparagraph (B), an authorized user that is provided or sold an analysis or data under paragraph (1) or (2) shall not redisclose or make public such analysis or data or any analysis using such data. (B) Permitted redisclosure.--A provider of services or supplier that is provided or sold an analysis or data under paragraph (1) or (2) may, as determined by the Secretary, redisclose such analysis or data for the purposes of performance improvement and care coordination activities but shall not make public such analysis or data or any analysis using such data. (6) Opportunity for providers of services and suppliers to review.--Prior to a qualified entity providing or selling an analysis to an authorized user under paragraph (1), to the extent that such analysis would individually identify a provider of services or supplier who is not being provided or sold such analysis, such qualified entity shall provide such provider or supplier with the opportunity to appeal and correct errors in the manner described in section 1874(e)(4)(C)(ii) of the Social Security Act (42 U.S.C. 1395kk(e)(4)(C)(ii)). (7) Assessment for a breach.-- (A) In general.--In the case of a breach of a data use agreement under this section or section 1874(e) of the Social Security Act (42 U.S.C. 1395kk(e)), the Secretary shall impose an assessment on the qualified entity both in the case of-- (i) an agreement between the Secretary and a qualified entity; and (ii) an agreement between a qualified entity and an authorized user. (B) Assessment.--The assessment under subparagraph (A) shall be an amount up to $100 for each individual entitled to, or enrolled for, benefits under part A of title XVIII of the Social Security Act or enrolled for benefits under part B of such title-- (i) in the case of an agreement described in subparagraph (A)(i), for whom the Secretary provided data on to the qualified entity under paragraph (2); and (ii) in the case of an agreement described in subparagraph (A)(ii), for whom the qualified entity provided data on to the authorized user under paragraph (2). (C) Deposit of amounts collected.--Any amounts collected pursuant to this paragraph shall be deposited in Federal Supplementary Medical Insurance Trust Fund under section 1841 of the Social Security Act (42 U.S.C. 1395t). (8) Annual reports.--Any qualified entity that provides or sells an analysis or data under paragraph (1) or (2) shall annually submit to the Secretary a report that includes-- (A) a summary of the analyses provided or sold, including the number of such analyses, the number of purchasers of such analyses, and the total amount of fees received for such analyses; (B) a description of the topics and purposes of such analyses; (C) information on the entities who received the data under paragraph (2), the uses of the data, and the total amount of fees received for providing, selling, or sharing the data; and (D) other information determined appropriate by the Secretary. (9) Definitions.--In this subsection and subsection (b): (A) Authorized user.--The term ``authorized user'' means the following: (i) A provider of services. (ii) A supplier. (iii) An employer (as defined in section 3(5) of the Employee Retirement Insurance Security Act of 1974). (iv) A health insurance issuer (as defined in section 2791 of the Public Health Service Act). (v) A medical society or hospital association. (vi) Any entity not described in clauses (i) through (v) that is approved by the Secretary (other than an employer or health insurance issuer not described in clauses (iii) and (iv), respectively, as determined by the Secretary). (B) Provider of services.--The term ``provider of services'' has the meaning given such term in section 1861(u) of the Social Security Act (42 U.S.C. 1395x(u)). (C) Qualified entity.--The term ``qualified entity'' has the meaning given such term in section 1874(e)(2) of the Social Security Act (42 U.S.C. 1395kk(e)). (D) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. (E) Supplier.--The term ``supplier'' has the meaning given such term in section 1861(d) of the Social Security Act (42 U.S.C. 1395x(d)). (b) Access to Medicare Data by Qualified Clinical Data Registries To Facilitate Quality Improvement.-- (1) Access.-- (A) In general.--To the extent consistent with applicable information, privacy, security, and disclosure laws, beginning July 1, 2015, the Secretary shall, at the request of a qualified clinical data registry under section 1848(m)(3)(E) of the Social Security Act (42 U.S.C. 1395w-4(m)(3)(E)), provide the data described in subparagraph (B) (in a form and manner determined to be appropriate) to such qualified clinical data registry for purposes of linking such data with clinical outcomes data and performing risk- adjusted, scientifically valid analyses and research to support quality improvement or patient safety, provided that any public reporting of such analyses or research that identifies a provider of services or supplier shall only be conducted with the opportunity of such provider or supplier to appeal and correct errors in the manner described in subsection (a)(6). (B) Data described.--The data described in this subparagraph is-- (i) claims data under the Medicare program under title XVIII of the Social Security Act; and (ii) if the Secretary determines appropriate, claims data under the Medicaid program under title XIX of such Act and the State Children's Health Insurance Program under title XXI of such Act. (2) Fee.--Data described in paragraph (1)(B) shall be provided to a qualified clinical data registry under paragraph (1) at a fee equal to the cost of providing such data. Any fee collected pursuant to the preceding sentence shall be deposited in the Centers for Medicare & Medicaid Services Program Management Account. (c) Expansion of Data Available to Qualified Entities.--Section 1874(e) of the Social Security Act (42 U.S.C. 1395kk(e)) is amended-- (1) in the subsection heading, by striking ``Medicare''; and (2) in paragraph (3)-- (A) by inserting after the first sentence the following new sentence: ``Beginning July 1, 2015, if the Secretary determines appropriate, the data described in this paragraph may also include standardized extracts (as determined by the Secretary) of claims data under titles XIX and XXI for assistance provided under such titles for one or more specified geographic areas and time periods requested by a qualified entity.''; and (B) in the last sentence, by inserting ``or under titles XIX or XXI'' before the period at the end. (d) Revision of Placement of Fees.--Section 1874(e)(4)(A) of the Social Security Act (42 U.S.C. 1395kk(e)(4)(A)) is amended, in the second sentence-- (1) by inserting ``, for periods prior to July 1, 2015,'' after ``deposited''; and (2) by inserting the following before the period at the end: ``, and, beginning July 1, 2015, into the Centers for Medicare & Medicaid Services Program Management Account''.	Expanding the Availability of Medicare Data Act Expands the kinds of uses of Medicare data available to qualified entities for quality and patient care improvement activities. (A "qualified entity" is a public or private entity that: [1] is qualified to use claims data to evaluate the performance of service providers and suppliers on measures of quality, efficiency, effectiveness, and resource use; and [2] agrees to meet specified requirements, such as ensuring data security.) Authorizes a qualified entity to use claims data combined with non-claims data the entity has received, as well as information derived from evaluation of service provider and supplier performance, to conduct additional non-public analyses and provide or sell them to authorized users for non-public use (including to assist service providers and suppliers to develop and participate in quality and patient care improvement activities, including new models of care). Defines "authorized users" as service providers, suppliers, employers, health insurance issuers, medical societies or hospital associations, or any other entities approved by the Secretary of Health and Human Services. Prohibits a qualified entity from charging a fee to provide Medicare claims data. Requires a qualified entity and an authorized user to enter into a data use agreement, and prohibits the use of data or analyses for marketing purposes or, except in certain circumstances, its redisclosure. Directs the Secretary to provide Medicare data to qualified clinical data registries for purposes of linking it with clinical outcomes data and performing risk-adjusted, scientifically valid analyses and research to support quality improvement or patient safety. Requires charging a fee to a registry for such data. Amends title XVIII (Medicare) of the Social Security Act (SSAct) to include among standardized extracts of Medicare claims data that may be made available to qualified entities, if the Secretary determines appropriate, also claims data under SSAct titles XIX (Medicaid) and XXI (State Children's Health Insurance) (CHIP). Requires any fees charged for making standardized extracts available to qualified entities to be deposited into the Centers for Medicare & Medicaid Services Program Management Account (currently, into the Federal Supplementary Medical Insurance Trust Fund).
SECTION 1. SHORT TITLE. This Act may be cited as the ``Egg Research and Consumer Information Act Amendments of 1993''. SEC. 2. ASSESSMENT RATE. (a) In General.--Section 8(e) of the Egg Research and Consumer Information Act (7 U.S.C. 2707(e)) is amended-- (1) by designating the first and second sentences as paragraph (1); (2) by designating the fifth and sixth sentences as paragraph (3); and (3) by striking the third and fourth sentences and inserting the following new paragraph: ``(2)(A) The assessment rate shall be prescribed by the order. The rate shall not exceed 20 cents per case (or the equivalent of a case) of commercial eggs. ``(B) The order may be amended to increase the rate of assessment if the increase is recommended by the Egg Board and approved by egg producers in a referendum conducted under section 9(b). ``(C) The order may be amended to decrease the assessment rate after public notice and opportunity for comment in accordance with section 553 of title 5, United States Code, and without regard to sections 556 and 557 of such title.''. (b) Referendum.--Section 9 of such Act (7 U.S.C. 2708) is amended-- (1) by designating the first and second sentences as subsection (a); (2) by designating the last sentence as subsection (c); and (3) by inserting after subsection (a) (as designated by paragraph (1)) the following new subsection: ``(b)(1) If the Egg Board determines, based on a scientific study, marketing analysis, or other similar competent evidence, that an increase in the assessment rate is needed to ensure that assessments under the order are set at an appropriate level to effectuate the policy declared in section 2, the Egg Board may request that the Secretary conduct a referendum, as provided in paragraph (2). ``(2)(A) If the Egg Board requests the Secretary to conduct a referendum under paragraph (1) or (3), the Secretary shall conduct a referendum among egg producers not exempt from this Act who, during a representative period determined by the Secretary, have been engaged in the production of commercial eggs, for the purpose of ascertaining whether the producers approve the change in the assessment rate proposed by the Egg Board. ``(B) The change in the assessment rate shall become effective if the change is approved or favored by-- ``(i) not less than two-thirds of the producers voting in the referendum; or ``(ii) a majority of the producers voting in the referendum, if the majority produced not less than two-thirds of all the commercial eggs produced by the producers voting during a representative period defined by the Secretary. ``(3)(A) In the case of the order in effect on the date of enactment of this subsection, the Egg Board shall determine under paragraph (1), as soon as practicable after such date of enactment, whether to request that the Secretary conduct a referendum under paragraph (2). ``(B) If the Egg Board makes such a request on the basis of competent evidence, as provided in paragraph (1), the Secretary shall conduct the referendum as soon as practicable, but not later than-- ``(i) 120 days after receipt of the request from the Egg Board; or ``(ii) if the Director of the Office of Management and Budget determines that the change in the assessment rate is a significant action that requires review by the Director, 170 days after receipt of the request from the Egg Board. ``(4) Notwithstanding any other provision of this Act, if an increase in the assessment rate and the authority for additional increases is approved by producers in a referendum conducted under this subsection, the Secretary shall amend the order to reflect the vote of the producers. The amendment to the order shall become effective on the date of issuance of the amendment.''. SEC. 3. RESEARCH. Section 8(d) of the Egg Research and Consumer Information Act (7 U.S.C. 2707(d)) is amended by adding at the end the following new sentence: ``In preparing a budget for each of the 1994 and subsequent fiscal years, the Egg Board shall, to the maximum extent practicable, allocate a proportion of funds for research projects under this Act that is comparable to the proportion of funds that were allocated for research projects under this Act in the budget of the Egg Board for fiscal year 1993.''. SEC. 4. EXEMPTED PRODUCERS. Section 12(a)(1) of the Egg Research and Consumer Information Act (7 U.S.C. 2711(a)(1)) is amended by striking ``30,000 laying hens'' and inserting ``75,000 laying hens''. SEC. 5. AMENDMENT TO ORDER. Notwithstanding any other provision of law: (1) In general.--The Secretary of Agriculture shall issue amendments to the egg promotion and research order issued under the Egg Research and Consumer Information Act (7 U.S.C. 2701 et seq.) to implement the amendments made by this Act. The amendments shall be issued after public notice and opportunity for comment in accordance with section 553 of title 5, United States Code, and without regard to sections 556 and 557 of such title. The Secretary shall issue the proposed amendments to the order not later than 80 days after the date of enactment of this Act. (2) Effective date.--The amendments to the egg promotion and research order required by paragraph (1) shall become effective not later than-- (A) 30 days after the proposed amendments are issued; or (B) if the Director of the Office of Management and Budget determines that the amendments are a significant action that requires review by the Director, 50 days after the proposed amendments are issued. (3) Referendum.--The amendments referred to in paragraph (2) shall not be subject to a referendum conducted under the Egg Research and Consumer Information Act. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.	Egg Research and Consumer Information Act Amendments of 1993 - Amends the Egg Research and Consumer Information Act to: (1) increase the maximum assessment rate from ten cents per case of commercial eggs to 20 cents per case; (2) authorize the Egg Board to increase assessments subject to producer referendum; (3) increase the trigger level for assessment exemptions from (producers of) 30,000 laying hens to 75,000 laying hens; and (4) allocate funds for research activities.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Individual Investment Account Act of 1998''. SEC. 2. ESTABLISHMENT OF INDIVIDUAL INVESTMENT ACCOUNTS. (a) In General.--Part VII of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to additional itemized deductions for individuals) is amended by redesignating section 222 as section 223 and by inserting after section 221 the following new section: ``SEC. 222. INDIVIDUAL INVESTMENT ACCOUNTS. ``(a) Deduction Allowed.--In the case of an individual, there shall be allowed as a deduction an amount equal to the aggregate amount paid in cash for the taxable year by such individual to an individual investment account established for the benefit of such individual. ``(b) Definitions and Special Rules.--For purposes of this section-- ``(1) Individual investment account.--The term `individual investment account' means a trust created or organized in the United States for the exclusive benefit of an individual, but only if the written governing instrument creating the trust meets the following requirements: ``(A) No contribution will be accepted unless it is in cash. ``(B) The trustee is a bank (as defined in section 408(n)) or another person who demonstrates to the satisfaction of the Secretary that the manner in which that person will administer the trust will be consistent with the requirements of this section. ``(C) No part of the trust assets will be invested in any collectible (as defined in section 408(m)). ``(D) The assets of the trust will not be commingled with other property except in a common trust fund or common investment fund. ``(2) Time when contributions deemed made.--A taxpayer shall be deemed to have made a contribution on the last day of a taxable year if the contribution is made on account of such taxable year and is made not later than the time prescribed by law for filing the return for such taxable year (not including extensions thereof). ``(c) Tax Treatment of Distributions.-- ``(1) In general.--Except as otherwise provided in this subsection, any amount distributed out of an individual investment account shall be included in gross income by the distributee unless such amount is part of a qualified 1st-time homebuyer distribution. ``(2) Qualified 1st-time homebuyer distribution.--For purposes of this subsection-- ``(A) In general.--The term `qualified 1st-time homebuyer distribution' means any payment or distribution received by an individual who is a 1st-time homebuyer (as defined in section 72(t)(8)) from an individual investment account to the extent such payment or distribution is used by such individual before the close of the 120th day after the day on which such payment or distribution is received to pay qualified acquisition costs (as defined in section 72(t)(8)) with respect to a principal residence (within the meaning of section 121) for such individual. ``(B) Dollar limitation.--The aggregate amount which may be treated as qualified 1st-time homebuyer distributions for all taxable years shall not exceed $20,000. ``(C) Basis reduction.--The basis of any principal residence described in subparagraph (A) shall be reduced by the amount of any qualified 1st-time homebuyer distribution. ``(3) Transfer of account incident to divorce.--The transfer of an individual's interest in an individual investment account to his former spouse under a divorce decree or under a written instrument incident to a divorce shall not be considered a taxable transfer made by such individual notwithstanding any other provision of this subtitle, and such interest at the time of the transfer shall be treated as an individual investment account of such spouse and not of such individual. Thereafter such account shall be treated, for purposes of this subtitle, as maintained for the benefit of such spouse. ``(d) Tax Treatment of Accounts.-- ``(1) Exemption from tax.--An individual investment account shall be exempt from taxation under this subtitle unless such account has ceased to be such an account by reason of paragraph (2). Notwithstanding the preceding sentence, any such account shall be subject to the taxes imposed by section 511 (relating to imposition of tax on unrelated business income of charitable, etc. organizations). ``(2) Loss of exemption of account where individual engages in prohibited transaction.-- ``(A) In general.--If, during any taxable year of the individual for whose benefit the individual investment account is established, that individual engages in any transaction prohibited by section 4975 with respect to the account, the account shall cease to be an individual investment account as of the first day of that taxable year. ``(B) Account treated as distributing all its assets.--In any case in which any account ceases to be an individual investment account by reason of subparagraph (A) on the first day of any taxable year, paragraph (1) of subsection (c) shall be applied as if there were a distribution on such first day in an amount equal to the fair market value (on such first day) of all assets in the account (on such first day). ``(3) Effect of pledging account as security.--If, during any taxable year, an individual for whose benefit an individual investment account is established uses the account or any portion thereof as security for a loan, the portion so used shall be treated as distributed to that individual. ``(4) Rollover contributions.--Subsection (c)(1) shall not apply to any amount paid or distributed out of an individual investment account to the individual for whose benefit the account is maintained if such amount is paid into another individual investment account for the benefit of such individual not later than the 60th day after the day on which he receives the payment or distribution. ``(e) Cost-of-Living Adjustment.-- ``(1) In general.--In the case of any taxable year beginning in a calendar year after 1998, the $20,000 amount contained in subsection (c)(2)(B) shall be increased by an amount equal to-- ``(A) such dollar amount, multiplied by ``(B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins by substituting `calendar year 1997' for `calendar year 1992' in subparagraph (B) thereof. ``(2) Rounding.--If any dollar amount (as increased under paragraph (1)) is not a multiple of $10, such dollar amount shall be increased to nearest multiple of $10. ``(f) Custodial Accounts.--For purposes of this section, a custodial account shall be treated as a trust if the assets of such account are held by a bank (as defined in section 408(n)) or another person who demonstrates, to the satisfaction of the Secretary, that the manner in which he will administer the account will be consistent with the requirements of this section, and if the custodial account would, except for the fact that it is not a trust, constitute an individual investment account described in subsection (b). For purposes of this title, in the case of a custodial account treated as a trust by reason of the preceding sentence, the custodian of such account shall be treated as the trustee thereof. ``(g) Reports.--The trustee of an individual investment account shall make such reports regarding such account to the Secretary and to the individual for whose benefit the account is maintained with respect to contributions, distributions, and such other matters as the Secretary may require under regulations. The reports required by this subsection shall be filed at such time and in such manner and furnished to such individuals at such time and in such manner as may be required by those regulations.''. (b) Deduction Allowed in Arriving at Adjusted Gross Income.-- Subsection (a) of section 62 of such Code (defining adjusted gross income) is amended by inserting after paragraph (17) the following new paragraph: ``(18) Individual investment account contributions.--The deduction allowed by section 222 (relating to individual investment accounts).'' (c) Individual Investment Accounts Exempt From Estate Tax.--Part III of subchapter A of chapter 11 of such Code is amended by redesignating section 2046 as section 2047 and by inserting after section 2045 the following new section: ``SEC. 2046. INDIVIDUAL INVESTMENT ACCOUNTS. ``Notwithstanding any other provision of law, there shall be excluded from the value of the gross estate of the value of any individual investment account (as defined in section 222(b)). Section 1014 shall not apply to such accounts.'' (d) Tax on Prohibited Transactions.--Section 4975 of such Code (relating to prohibited transactions) is amended-- (1) by adding at the end of subsection (c) the following new paragraph: ``(6) Special rule for individual investment accounts.--An individual for whose benefit an individual investment account is established shall be exempt from the tax imposed by this section with respect to any transaction concerning such account (which would otherwise be taxable under this section) if, with respect to such transaction, the account ceases to be an individual investment account by reason of the application of section 222(d)(2)(A) to such account.''; and (2) in subsection (e)(1), by striking ``or'' at the end of subparagraph (E), by redesignating subparagraph (F) as subparagraph (G), and by inserting the following new subparagraph after subparagraph (E): ``(F) an individual investment account described in section 222(b), or''. (e) Failure To Provide Reports on Individual Investment Accounts.-- Paragraph (2) of section 6693(a) of such Code (relating to failure to provide reports on individual retirement account or annuities) is amended by redesignating subparagraphs (C) and (D) as subparagraphs (D) and (E), respectively, and by inserting after subparagraph (B) the following new paragraph: ``(C) section 222(g) (relating to individual investment accounts),''. (f) Adjustment of Basis of Residence Acquired Through Use of Account.--Subsection (a) of section 1016 of such Code is amended by striking ``and'' at the end of paragraph (26), by striking the period at the end of paragraph (27) and inserting ``, and'', and by adding at the end thereof the following new paragraph: ``(28) to the extent provided in section 222(c)(2)(C), in the case of a residence the acquisition of which was made in whole or in part with funds from an individual investment account.'' (g) Clerical Amendments.-- (1) The table of sections for part VII of subchapter B of chapter 1 of such Code is amended by striking the item relating to section 222 and inserting the following: ``Sec. 222. Individual investment accounts. ``Sec. 223. Cross reference.'' (2) The table of sections for part III of subchapter A of chapter 11 of such Code is amended by striking the item relating to section 2046 and inserting the following new items: ``Sec. 2046. Individual investment accounts. ``Sec. 2047. Disclaimers.'' (h) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1997.	Individual Investment Account Act of 1998 - Amends the Internal Revenue Code to allow a deduction for amounts contributed to individual investment accounts. Allows tax-free distributions, limited to $20,000 for all taxable years, from such accounts for use in the purchase of a principal residence by a first-time homebuyer. Makes such accounts tax-exempt unless the individual engages in prohibited transactions. Adjusts dollar limitations under this Act for inflation. Allows such deduction in determining adjusted gross income. Exempts such accounts from estate tax. Provides for adjusting the basis of a residence acquired through the use of an individual investment account.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Lending Market Stabilization Act of 2008''. SEC. 2. SMALL BUSINESS LENDING MARKET STABILIZATION. (a) Fees.--To the extent the cost of such reduction in fees is offset by appropriations-- (1) with respect to each loan guaranteed under section 7(a) of the Small Business Act (15 U.S.C. 636(a)) for which the application is approved on or after the date of enactment of this Act, the Administrator shall, in lieu of the fees otherwise applicable under paragraphs (23)(A) and (18)(A) of section 7(a) of the Small Business Act (15 U.S.C. 636(a)), collect no fee; (2) the Administrator shall, in lieu of the fees otherwise applicable under section 5(b)(14) of the Small Business Act (15 U.S.C. 634(b)(14)), collect no fee; (3) the Administrator shall, in lieu of the fee otherwise applicable under section 503(d)(2) of the Small Business Investment Act of 1958 (15 U.S.C. 697(d)(2)) for an institution described in subclause (I), (II), or (III) of section 502(3)(B)(i) of that Act (15 U.S.C. 696(3)(B)(i)), for any loan guarantee or project subject to such subsection for which the application is pending approval on or after the date of enactment of this Act, collect no fee; (4) a development company shall, in lieu of the mandatory 0.625 servicing fee under section 120.971(a)(3) of title 13, Code of Federal Regulations, (relating to fees paid by borrowers), collect no fee; and (5) the Administrator shall, in lieu of the fee otherwise applicable under section 503(d)(3) of the Small Business Investment Act (15 U.S.C. 697(d)(3)), collect no fee. (b) Reimbursement for Waived Fees.-- (1) In general.--To the extent the cost of such payments is offset by appropriations, the Administrator shall reimburse each development company that does not collect a servicing fee pursuant to subsection (a)(4). (2) Amount.--The payment to a development company under paragraph (1) shall be in an amount equal to 0.5 percent of the outstanding principal balance of any guaranteed debenture for which the development company does not collect a servicing fee pursuant to subsection (a)(4). (c) Authorization of Appropriations.--There are authorized to be appropriated to the Administrator for fiscal year 2009-- (1) $600,000,000 for loan subsidies and for loan modifications for loans to small business concerns authorized under subsection (a)(1); (2) $15,000,000 for lender oversight under section 5(b)(14) of the Small Business Act (15 U.S.C. 634(b)(14)); (3) $50,000,000 for the elimination of fees under subsection (a)(3); (4) $40,000,000 for payments under subsection (b) to offset the elimination of fees under subsection (a)(4); and (5) $10,000,000 for the elimination of fees under subsection (a)(5). (d) Application of Fee Changes.--If funds are made available to carry out subsections (a) and (b), the Administrator shall eliminate the fees under subsection (a) for any loan guarantee or project subject to such subsection for which the application is approved on or after the date of enactment of this Act and make payments under subsection (b) until the amount provided for such purpose is expended. (e) Maximum Loan Amount.--Section 7(a)(3)(A) of the Small Business Act (15 U.S.C. 636(a)(3)(A)) is amended by striking ``$1,500,000 (or if the gross loan amount would exceed $2,000,000)'' and inserting ``$2,250,000 (or if the gross loan amount would exceed $3,000,000)''. (f) Main Street Incentives.-- (1) In general.--Section 502 of the Small Business Investment Act of 1958 (15 U.S.C. 696) is amended-- (A) by striking paragraphs (4) and (5) and inserting the following: ``(4) Limitation on leasing.--If the use of a loan under this section includes the acquisition of a facility or the construction of a new facility, the small business concern assisted-- ``(A) shall permanently occupy and use not less than a total of 50 percent of the space in the facility; and ``(B) may, on a temporary or permanent basis, lease to others not more than 50 percent of the space in the facility.''; and (B) by redesignating paragraph (6) as paragraph (5). (2) Policy for 7(a) loans.--Section 7(a)(28) of the Small Business Act (15 U.S.C. 636(a)(28)) is amended to read as follows: ``(28) Limitation on leasing.--If the use of a loan under this subsection includes the acquisition of a facility or the construction of a new facility, the small business concern assisted-- ``(A) shall permanently occupy and use not less than a total of 50 percent of the space in the facility; and ``(B) may, on a temporary or permanent basis, lease to others not more than 50 percent of the space in the facility.''. (g) Low-Interest Refinancing.--Section 502 of the Small Business Investment Act of 1958 (15 U.S.C. 696), as amended by subsection (e)(1) of this section, is amended by adding at the end the following: ``(6) Permissible debt refinancing.--A financing under this title may include refinancing of existing indebtedness, in an amount not to exceed 50 percent of the projected cost of the project financed under this title, if-- ``(A) the project financed under this title involves the expansion of a small business concern; ``(B) the existing indebtedness is collateralized by fixed assets; ``(C) the existing indebtedness was incurred for the benefit of the small business concern; ``(D) the proceeds of the existing indebtedness were used to acquire land (including a building situated thereon), to construct or expand a building thereon, or to purchase equipment; ``(E) the borrower has been current on all payments due on the existing indebtedness for not less than 1 year preceding the proposed date of refinancing; ``(F) the financing under this title will provide better terms or a better rate of interest than exists on the existing indebtedness on the proposed date of refinancing; ``(G) the financing under this title is not being used to refinance any debt guaranteed by the Government; and ``(H) the financing under this title will be used only for-- ``(i) refinancing existing indebtedness; or ``(ii) costs relating to the project financed under this title.''. (h) Updated Job Creation Requirements.--Section 501(e) of the Small Business Investment Act of 1958 (15 U.S.C. 695(e)) is amended-- (1) in paragraph (1), by striking ``$50,000'' and inserting ``$65,000''; and (2) in paragraph (2), by striking ``$50,000'' and inserting ``$65,000''. (i) Size Standard Simplification.--Section 3(a) of the Small Business Act (15 U.S.C. 632(a)) is amended by adding at the end the following: ``(5) Optional size standard.-- ``(A) In general.--The Administrator shall establish an optional size standard for business loan applicants under section 7(a) and development company loan applicants under title V of the Small Business Investment Act of 1958, which uses maximum tangible net worth and average net income as an alternative to the use of industry standards. ``(B) Interim rule.--Until the date on which the optional size standard established under subparagraph (A) is in effect, the alternative size standard in section 121.301(b) of title 13, Code of Federal Regulations (or any successor thereto) may be used by business loan applicants under section 7(a) and development company loan applicants under title V of the Small Business Investment Act of 1958.''. (j) Maximum Loan Size.--Section 502(2)(A) of the Small Business Investment Act of 1958 (15 U.S.C. 696(2)(A)) is amended-- (1) in clause (i), by striking ``$1,500,000'' and inserting ``$3,000,000''; and (2) in clause (ii), by striking ``$2,000,000'' and inserting ``$3,500,000''. (k) Loan Pooling.--Section 5(g)(1) of the Small Business Act (15 U.S.C. 634(g)(1)) is amended-- (1) by inserting ``(A)'' before ``The Administration''; (2) by striking the colon and all that follows and inserting a period; and (3) by adding at the end the following: ``(B) A trust certificate issued under subparagraph (A) shall be based on, and backed by, a trust or pool approved by the Administrator and composed solely of the guaranteed portion of such loans. ``(C) The interest rate on a trust certificate issued under subparagraph (A) shall be either-- ``(i) the lowest interest rate on any individual loan in the pool; or ``(ii) the weighted average interest rate of all loans in the pool, subject to such limited variations in loan characteristics as the Administrator determines appropriate to enhance marketability of the pool certificates.''. (l) Alternative Variable Interest Rate.-- (1) In general.--Section 7(a)(4)(A) of the Small Business Act (15 U.S.C. 636(a)(4)(A)) is amended by striking ``prescribed by the Administration,'' and inserting: ``prescribed by the Administration, including, on variable rate loans, a nationally recognized prime rate of interest and at least 1 other index as an alternative thereto at the option of the participating lender,''. (2) Applicability.--Not later than 180 days after the date of enactment of this Act, the Administrator shall select not less than 1 alternative index under section 7(a)(4)(A) of the Small Business Act, as amended by paragraph (1) of this subsection, and make such index available for use by participating lenders. (m) Definitions.--In this section-- (1) the terms ``Administration'' and ``Administrator'' mean the Small Business Administration and the Administrator thereof, respectively; (2) the term ``development company'' has the meaning given the term ``development companies'' in section 103 of the Small Business Investment Act of 1958 (15 U.S.C. 662); and (3) the term ``small business concern'' has the same meaning as in section 3 of the Small Business Act (15 U.S.C. 632).	Small Business Lending Market Stabilization Act of 2008 - Directs the Administrator of the Small Business Administration (SBA), to the extent that the cost is offset by appropriations, to collect no fees currently charged by: (1) the SBA to borrowers and lenders under the SBA's 7(a) loan program (SBA-guaranteed general business loans to small businesses); and (2) development companies under SBA's 504 loan program (local business development loans). Directs the Administrator to reimburse development companies for waived fees. Increases maximum limits on SBA loans made to small businesses under the Small Business Act and on loans made to development companies under the Small Business Investment Act of 1958. Authorizes a small business whose SBA loan includes the acquisition of a facility or construction of a new facility to lease up to 50% of the space in such facility. Permits certain borrowers to refinance a limited amount of their preexisting debt through a new 504 loan. Directs the SBA to establish an optional business size standard for certain small business loan applicants. Allows the SBA to use weighted average rates when pooling loans for sale on the secondary market. Directs the SBA to provide lenders at least one alternative loan interest rate to the prime rate.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Justice for United States Prisoners of War Act of 2001''. SEC. 2. FINDINGS. The Congress finds the following: (1) During World War II, members of the United States Armed Forces held as prisoners of war by Japan were forced to provide labor for Japanese privately owned corporations in functions unrelated to the prosecution of the war. (2) International law, including international conventions relating to the protection of prisoners of war, was violated when these Japanese corporations-- (A) failed to pay wages to captured United States servicemembers for their labor; (B) allowed and promoted torture and mistreatment of captured United States servicemembers; and (C) withheld food and medical treatment from captured United States servicemembers. (3) In the Treaty of Peace with Japan, signed at San Francisco September 8, 1951 (3 UST 3169), the Government of Japan admitted liability for illegal conduct toward the Allied Powers and, in particular, liability for illegal and inhumane conduct toward members of the armed forces of the Allied Powers held as prisoners of war. (4) Despite this admission of liability, Article 14(b) of the Treaty has been construed to waive all private claims by nationals of the United States, including private claims by members of the United States Armed Forces held as prisoners of war by Japan during World War II. (5) Under Article 26 of the Treaty, the government of Japan agreed that if Japan entered into a war claims settlement agreement with a country that is not a party to the Treaty that provides more favorable terms to that country than the terms Japan extended to the parties to the Treaty, then Japan would extend those more favorable terms to each of the parties to the Treaty, including to the United States. (6) Since the entry into force of the Treaty in 1952, the Government of Japan has entered into war claims settlement agreements with countries that are not party to the Treaty that provide more favorable terms than those extended to the parties to the Treaty, such as terms that allow claims by nationals of those countries against Japanese nationals to be pursued without limitation, restriction, or waiver or any type. (7) In accordance with Article 26 of the Treaty, Japan is obligated to extend those same favorable terms to the United States, including to nationals of the United States, who as members of the United States Armed Forces, were held as prisoners of war by Japan during World War II and who were forced to provide labor without compensation and under inhumane conditions. (8) The people of the United States owe a deep and eternal debt to the heroic United States servicemembers held as prisoners of war by Japan for the sacrifices those servicemembers made on behalf of the United States in the days after the ignominious aggression of Japan against the United States at Pearl Harbor, Bataan, and Corregidor. (9) The pursuit of justice by those servicemembers through lawsuits filed in the United States, where otherwise supported by Federal, State, or international law, is consistent with the interests of the United States and should not be preempted by any other provision of law or by the Treaty. (10) Despite repeated requests for disclosure by United States servicemembers, the Department of Veterans Affairs, and Congress, the United States Government has withheld from those servicemembers and their physicians Japanese records that were turned over to the United States and that relate to chemical and biological experiments conducted on United States servicemembers held as prisoners of war by Japan during World War II. SEC. 3. SUITS AGAINST JAPANESE NATIONALS. (a) In General.--In an action brought in a Federal court against a Japanese defendant by a member of the United States Armed Forces who was held as a prisoner of war by Japan during World War II that seeks compensation for mistreatment or failure to pay wages in connection with labor performed by such a member to the benefit of the Japanese defendant during World War II, the court-- (1) shall apply the applicable statute of limitations of the State in which the Federal court hearing the case is located; (2) shall not construe Article 14(b) of the Treaty as constituting a waiver by the United States of claims by nationals of the United States, including claims by members of the United States Armed Forces, so as to preclude the pending action. (b) Sunset.--Paragraph (1) of subsection (a) shall cease to apply at the end of the 10-year period beginning on the date of enactment of this Act. SEC. 4. APPLICABILITY OF RIGHTS UNDER ARTICLE 26 OF THE TREATY OF PEACE WITH JAPAN. It is the policy of the United States Government to ensure that all terms under any war claims settlement agreement between Japan and any other country that are more favorable than those terms extended to the United States under the Treaty, will be extended to the United States in accordance with Article 26 of the Treaty with respect to claims by nationals of the United States who, as members of the United States Armed Forces, were held as prisoners of war by Japan during World War II and who were forced to provide labor without compensation and under inhumane conditions. SEC. 5. AVAILABILITY OF INFORMATION RELATING TO CERTAIN CHEMICAL AND BIOLOGICAL TESTS CONDUCTED BY JAPAN DURING WORLD WAR II. (a) Availability of Information to the Secretary of Veterans Affairs.--Notwithstanding any other provision of law, the Secretary of Veterans Affairs may request from, and the head of the department or agency so requested shall provide to the Secretary, information relating to chemical or biological tests conducted by Japan on members of the United States Armed Forces held as prisoners of war by Japan during World War II, including any information provided to the United States Government by Japan. (b) Availability of Information to Interested Members of the Armed Forces.--Any information received by the Secretary of Veterans Affairs under subsection (a), with respect to an individual member of the United States Armed Forces held as a prisoner of war by Japan during World War II, may be made available to that individual to the extent otherwise provided by law. SEC. 6. DEFINITIONS. In this Act: (1) Japanese defendant.-- (A) In general.--The term ``Japanese defendant'' means a Japanese national, an entity organized or incorporated under Japanese law, an affiliate of an entity organized or incorporated under Japanese law that is organized or incorporated under the laws of any State, and any predecessor of that entity or affiliate. (B) Limitation.--The term does not include the Government of Japan. (2) State.--The term ``State'' means the several States, the District of Columbia, and any commonwealth, territory or possession of the United States. (3) Treaty.--The term ``Treaty'' mean the Treaty of Peace with Japan, signed at San Francisco on September 8, 1951 (3 UST 3169).	Justice for United States Prisoners of War Act of 2001 - Requires any Federal court in which an action is brought against a Japanese defendant by a member of the U.S. armed forces seeking compensation for mistreatment or failure to pay wages in connection with labor performed in Japan for such national as a prisoner of war during World War II to: (1) apply the applicable statute of limitations of the State in which the Federal court hearing the case is located; and (2) not construe a specified provision of the Treaty of Peace With Japan as a waiver by the United States of such claims.States that it is U.S. policy to ensure that any war claims settlement terms between Japan and any other country that are more favorable than terms extended to the United States under the above Treaty will be extended to the United States with respect to claims under this Act.Authorizes the Secretary of Veterans Affairs to secure information relating to chemical or biological tests conducted by Japan on members of the U.S. armed forces held as prisoners of war during World War II.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Land Freedom Act of 2017''. SEC. 2. FINDINGS. Congress finds that-- (1) as of the date of enactment of this Act-- (A) 113,000,000 acres of onshore Federal land are open and accessible for oil and natural gas development; and (B) approximately 166,000,000 acres of onshore Federal land are off-limits or inaccessible for oil and natural gas development; (2) despite the recent oil and natural gas boom in the United States, the number of acres of Federal land leased for oil and natural gas exploration has decreased by 24 percent since 2008; (3) in 2013, the Federal Government leased only 36,000,000 acres of Federal land, in contrast to the 131,000,000 acres that were leased in 1984; (4) the reduction in leasing of Federal land harms economic growth and Federal revenues; (5) in 2013, it took 197 days to process applications for permits to drill on Federal land; and (6) the States have extensive and sufficient regulatory frameworks for permitting oil and natural gas development. SEC. 3. DEFINITIONS. In this Act: (1) Available federal land.--The term ``available Federal land'' means any Federal land that, as of May 31, 2013-- (A) is located within the boundaries of a State; (B) is not held by the United States in trust for the benefit of a federally recognized Indian tribe; (C) is not a unit of the National Park System; (D) is not a unit of the National Wildlife Refuge System; and (E) is not a congressionally designated wilderness area. (2) State.--The term ``State'' means-- (A) a State; and (B) the District of Columbia. (3) State leasing, permitting, and regulatory program.--The term ``State leasing, permitting, and regulatory program'' means a program established pursuant to State law that regulates the exploration and development of oil, natural gas, and other forms of energy on land located in the State. SEC. 4. STATE CONTROL OF ENERGY DEVELOPMENT AND PRODUCTION ON ALL AVAILABLE FEDERAL LAND. (a) State Leasing, Permitting, and Regulatory Programs.--Any State that has established a State leasing, permitting, and regulatory program may-- (1) submit to the Secretaries of the Interior, Agriculture, and Energy a declaration that a State leasing, permitting, and regulatory program has been established or amended; and (2) seek to transfer responsibility for leasing, permitting, and regulating oil, natural gas, and other forms of energy development from the Federal Government to the State. (b) State Action Authorized.--Notwithstanding any other provision of law, on submission of a declaration under subsection (a)(1), the State submitting the declaration may lease, permit, and regulate the exploration and development of oil, natural gas, and other forms of energy on Federal land located in the State in lieu of the Federal Government. (c) Effect of State Action.--Any action by a State to lease, permit, or regulate the exploration and development of oil, natural gas, and other forms of energy pursuant to subsection (b) shall not be subject to, or considered a Federal action, Federal permit, or Federal license under-- (1) subchapter II of chapter 5, and chapter 7, of title 5, United States Code (commonly known as the ``Administrative Procedure Act''); (2) division A of subtitle III of title 54, United States Code; (3) the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); or (4) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). SEC. 5. NO EFFECT ON FEDERAL REVENUES. (a) In General.--Any lease or permit issued by a State pursuant to section 4 shall include provisions for the collection of royalties or other revenues in an amount equal to the amount of royalties or revenues that would have been collected if the lease or permit had been issued by the Federal Government. (b) Disposition of Revenues.--Any revenues collected by a State from leasing or permitting on Federal land pursuant to section 4 shall be deposited in the same Federal account in which the revenues would have been deposited if the lease or permit had been issued by the Federal Government. (c) Effect on State Processing Fees.--Nothing in this Act prohibits a State from collecting and retaining a fee from an applicant to cover the administrative costs of processing an application for a lease or permit.	Federal Land Freedom Act of 2017 This bill authorizes a state with an established oil and gas leasing program to take responsibility from the federal government for leasing and regulating the exploration and development of oil, gas, and other forms of energy on federal land in the state. Any state actions to lease, permit, or regulate oil and gas exploration and development shall not be subject to federal action under certain laws, including the Administrative Procedure Act, the Endangered Species Act of 1973, and the National Environmental Policy Act of 1969. State-issued leases or permits shall provide for the collection and deposit of federal royalties and revenues. A state may collect and retain lease or permit application processing fees.
SECTION 1. SHORT TITLE, ETC. (a) Short Title.--This Act may be cited as the ``Tax Revision Act of 2005''. (b) Amendment of 1986 Code.--Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986. (c) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title, etc. Sec. 2. Election to include combat pay as earned income for purposes of earned income credit. Sec. 3. Cover over of tax on distilled spirits. Sec. 4. Authority for undercover operations. Sec. 5. Disclosures of certain tax return information. Sec. 6. Deduction allowable with respect to income attributable to domestic production activities in Puerto Rico. Sec. 7. Technical corrections to regional value-content methods for rules of origin under Public Law 109-53. SEC. 2. ELECTION TO INCLUDE COMBAT PAY AS EARNED INCOME FOR PURPOSES OF EARNED INCOME CREDIT. (a) In General.--Subclause (II) of section 32(c)(2)(B)(vi) is amended by striking ``January 1, 2006'' and inserting ``January 1, 2007''. (b) Effective Date.--The amendment made by subsection (a) shall apply to taxable years beginning after December 31, 2005. SEC. 3. COVER OVER OF TAX ON DISTILLED SPIRITS. (a) In General.--Paragraph (1) of section 7652(f) (relating to limitation on cover over of tax on distilled spirits) is amended by striking ``January 1, 2006'' and inserting ``January 1, 2007''. (b) Effective Date.--The amendment made by subsection (a) shall apply to articles brought into the United States after December 31, 2005. SEC. 4. AUTHORITY FOR UNDERCOVER OPERATIONS. Paragraph (6) of section 7608(c) (relating to application of section) is amended by striking ``January 1, 2006'' both places is appears and inserting ``January 1, 2007''. SEC. 5. DISCLOSURES OF CERTAIN TAX RETURN INFORMATION. (a) Disclosures to Facilitate Combined Employment Tax Reporting.-- (1) In general.--Subparagraph (B) of section 6103(d)(5) (relating to termination) is amended by striking ``December 31, 2005'' and inserting ``December 31, 2006''. (2) Effective date.--The amendment made by paragraph (1) shall apply to disclosures after December 31, 2005. (b) Disclosures Relating to Terrorist Activities.-- (1) In general.--Clause (iv) of section 6103(i)(3)(C) and subparagraph (E) of section 6103(i)(7) are each amended by striking ``December 31, 2005'' and inserting ``December 31, 2006''. (2) Effective date.--The amendments made by paragraph (1) shall apply to disclosures after December 31, 2005. (c) Disclosures Relating to Student Loans.-- (1) In general.--Subparagraph (D) of section 6103(l)(13) (relating to termination) is amended by striking ``December 31, 2005'' and inserting ``December 31, 2006''. (2) Effective date.--The amendment made by paragraph (1) shall apply to requests made after December 31, 2005. SEC. 6. DEDUCTION ALLOWABLE WITH RESPECT TO INCOME ATTRIBUTABLE TO DOMESTIC PRODUCTION ACTIVITIES IN PUERTO RICO. (a) In General.--Subsection (d) of section 199 (relating to definitions and special rules) is amended by redesignating paragraph (7) as paragraph (8) and by inserting after paragraph (6) the following new paragraph: ``(7) Treatment of activities in puerto rico.-- ``(A) In general.--In the case of any taxpayer with gross receipts for any taxable year from sources within the Commonwealth of Puerto Rico, if all of such receipts are taxable under section 1 or 11 for such taxable year, then for purposes of determining the domestic production gross receipts of such taxpayer for such taxable year under subsection (c)(4), the term `United States' shall include the Commonwealth of Puerto Rico. ``(B) Termination.--Subparagraph (A) shall not apply to any taxable year beginning after December 31, 2006.''. (b) Effective Date.--The amendments made by subsection (a) shall apply to taxable years beginning after December 31, 2005. SEC. 7. TECHNICAL CORRECTIONS TO REGIONAL VALUE-CONTENT METHODS FOR RULES OF ORIGIN UNDER PUBLIC LAW 109-53. Section 203(c) of the Dominican Republic-Central America-United States Free Trade Agreement Implementation Act (Public Law 109-53; 19 U.S.C. 4033(c)) is amended as follows: (1) In paragraph (2)(A), by striking all that follows ``the following build-down method:'' and inserting the following: av-vnm ``rvc = -------- <greek-e> 100''. av (2) In paragraph (3)(A), by striking all that follows ``the following build-up method:'' and inserting the following: vom ``rvc = -------- <greek-e> 100''. av (3) In paragraph (4)(A), by striking all that follows ``the following net cost method:'' and inserting the following: nc-vnm ``rvc = -------- <greek-e> 100''. nc Passed the House of Representatives December 7, 2005. Attest: KAREN L. HAAS, Clerk.	Tax Revision Act of 2005 - Amends the Internal Revenue Code to extend through 2006: (1) the taxpayer election to include combat zone compensation as earned income for purposes of computing the earned income tax credit; (2) the increased cover over (payment) to the Treasuries of Puerto Rico and the Virgin Islands of distilled spirit excise tax revenues; (3) the authority for certain Internal Revenue Service (IRS) undercover investigative operations; and (4) the authority for disclosure of tax return information for combined employment tax reporting, for combating terrorist activities, and for student loan repayment. Allows, through 2006, the tax deduction for income attributable to domestic production activities for taxpayers with income from sources in Puerto Rico. Amends the Dominican Republic-Central America-United States Free Trade Agreement Implementation Act (CAFTA-DR) to revise formulae for determining the regional value-content of certain import/export goods.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Foreign Investment Security Act of 2005''. SEC. 2. CONGRESSIONAL AUTHORITY UNDER DEFENSE PRODUCTION ACT. Section 721 of the Defense Production Act of 1950 (50 U.S.C. App. 2170) is amended-- (1) in subsection (a)-- (A) by striking ``30'' and inserting ``60''; and (B) by adding at the end the following: ``The findings and recommendations of any such investigation shall be sent immediately to the President and to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives for review.''; (2) in subsection (b)-- (A) by inserting before the first period ``, or in such instance at the request of the chairman and ranking member of the Committee on Banking, Housing, and Urban Affairs of the Senate or the Committee on Financial Services of the House of Representatives''; (B) in paragraph (2), by inserting before the period ``, and the findings and recommendations of such investigation shall be sent immediately to the President and to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives for review''; and (C) by striking ``30'' and inserting ``60''; (3) in subsection (f)-- (A) by striking ``designee may'' and inserting ``designee shall''; (B) in paragraph (4), by striking ``and'' at the end; (C) in paragraph (5), by striking the period at the end and inserting ``; and''; and (D) by adding at the end the following: ``(6) the long-term projections of United States requirements for sources of energy and other critical resources and materials and for economic security.''; (4) in subsection (g)-- (A) by striking ``The President'' and inserting the following: ``(1) In general.--The President''; and (B) by adding at the end the following: ``(2) Quarterly submissions.--The Secretary of the Treasury shall transmit to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives on a quarterly basis, a detailed summary and analysis of each merger, acquisition, or takeover that is being reviewed, was reviewed during the preceding 90-day period, or is likely to be reviewed in the coming quarter by the President or the President's designee under subsection (a) or (b). Each such summary and analysis shall be submitted in unclassified form, with classified annexes as the Secretary determines are required to protect company proprietary information and other sensitive information. Each such summary and analysis shall include an appendix detailing dissenting views.''; and (5) by adding at the end the following new subsections: ``(l) Congressional Authority.-- ``(1) In general.--If the President does not suspend or prohibit an acquisition, merger, or takeover under subsection (d), the acquisition, merger, or takeover may not be consummated until 10 legislative days after the President notifies the Congress of the decision not to suspend or prohibit. If a joint resolution objecting to the proposed transaction is introduced in either House of Congress by the chairman of one of the appropriate congressional committees during such 10-legislative-day period, the transaction may not be consummated until 30 legislative days after the date on which such resolution is introduced. ``(2) Disapproval upon passage of resolution.--If a joint resolution introduced under paragraph (1) is enacted into law, the transaction may not be consummated. ``(3) Considerations.--The Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives shall review any findings and recommendations submitted under subsection (a) or (b), and any joint resolution under paragraph (1) of this subsection shall be based on the factors outlined in subsection (f). ``(4) Senate procedure.--Any joint resolution under paragraph (1) shall be considered in the Senate in accordance with the provisions of section 601(b) of the International Security Assistance and Arms Export Control Act of 1976 (Public Law 94-329, 90 Stat. 765). ``(5) House consideration.--For the purpose of expediting the consideration and enactment of a joint resolution under paragraph (1), a motion to proceed to the consideration of any such joint resolution shall be treated as highly privileged in the House of Representatives. ``(m) Thorough Review.--The President, or the President's designee, shall ensure that an acquisition, merger, or takeover that is completed prior to a review or investigation under this section shall be fully reviewed for national security considerations, even in the event that a request for such review is withdrawn.''.	Foreign Investment Security Act of 2005 - Amends the Defense Production Act of 1950 relating to authorized investigations of the effects on national security of a proposed acquisition, merger, or takeover (transaction) by or with foreign persons which could result in foreign control of persons engaged in U.S. commerce to: (1) extend the time to commence such investigation; (2) require the findings and recommendations of any investigation to be sent immediately to the President and specified congressional committees for review; (3) require certain factors to be considered as part of such investigation, including the effect on domestic production and long-term projections of U.S. requirements for sources of energy and other critical resources; (4) direct the Secretary of the Treasury to report quarterly to such committees a detailed summary and analysis of each transaction being, or likely to be, reviewed; and (5) subject the President's decision not to suspend or prohibit a transaction to a congressional approval process.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare IVIG Access Enhancement Act''. SEC. 2. MEDICARE PATIENT IVIG ACCESS DEMONSTRATION PROJECT. (a) Establishment.--The Secretary of Health and Human Services (in this section referred to as the ``Secretary'') shall establish and implement a demonstration project under part B of title XVIII of the Social Security Act to evaluate the benefits of providing payment for items and services needed for the in-home administration of intravenous immune globulin for the treatment of chronic inflammatory demyelinating polyneuropathy or multifocal motor neuropathy. (b) Duration and Scope.-- (1) Duration.--Beginning not later than 1 year after the date of enactment of this Act, the Secretary shall conduct the demonstration project for a period of 3 years. (2) Scope.--The Secretary shall enroll not greater than 3,000 Medicare beneficiaries who have been diagnosed with chronic inflammatory demyelinating polyneuropathy or multifocal motor neuropathy for participation in the demonstration project. A Medicare beneficiary may participate in the demonstration project on a voluntary basis and may terminate participation at any time. (c) Coverage.--Except as otherwise provided in this section, items and services for which payment may be made under the demonstration program shall be treated and covered under part B of title XVIII of the Social Security Act in the same manner as similar items and services covered under such part. (d) Payment.-- (1) Intravenous immune globulin.--For intravenous immune globulin furnished under this section, the Secretary shall make payment using the payment methodology under section 1847A of the Social Security Act (42 U.S.C. 1395w-3a). (2) Other items and services.-- (A) In general.--The Secretary shall establish, subject to subparagraph (B), a per-visit payment amount for items and services (other than intravenous immune globulin) needed for the in-home infusion of intravenous immune globulin for the treatment of chronic inflammatory demyelinating polyneuropathy or multifocal motor neuropathy based on the national per visit low-utilization payment amount under the prospective payment system for home health services established under section 1895 of the Social Security Act (42 U.S.C. 1395fff). (B) Limitation.--The per-visit payment amount established under subparagraph (A) for items and services described in such subparagraph shall not be less than the payment amount applied under the demonstration project established under section 101 of the Medicare IVIG Access and Strengthening Medicare and Repaying Taxpayers Act of 2012 (Public Law 112-242) for comparable items and services needed for the in-home administration of intravenous immune globulin for the treatment of primary immune deficiency diseases. (e) Waiver Authority.--The Secretary may waive such requirements of title XVIII of the Social Security Act as may be necessary to carry out the demonstration project. (f) Reports to Congress.-- (1) Interim evaluation and report.--Not later than 3 years after the date of enactment of this Act, the Secretary shall submit to Congress a report that contains-- (A) an evaluation of the impact of the demonstration project on access for Medicare beneficiaries with chronic inflammatory demyelinating polyneuropathy and Medicare beneficiaries with multifocal motor neuropathy to items and services needed for the in-home administration of intravenous immune globin; and (B) an analysis of the appropriateness of expanding or extending the demonstration project or implementing a new methodology for payment for intravenous immune globulins in all care settings under part B of title XVIII of the Social Security Act (42 U.S.C. 1395k et seq.) and, to the extent such analysis determines such an expansion, extension, or methodology appropriate, recommendations for such expansion, extension, or methodology, respectively. (2) Final evaluation and report.--Not later than one year after the date of completion of the demonstration project, the Secretary shall submit to Congress a report that contains-- (A) a final evaluation of the impact described in paragraph (1)(A); and (B) a final analysis and recommendations described in paragraph (1)(B). (g) Definitions.--In this section: (1) Demonstration project.--The term ``demonstration project'' means the demonstration project conducted under this Act. (2) Medicare beneficiary.--The term ``Medicare beneficiary'' means an individual who is enrolled for benefits under part B of title XVIII of the Social Security Act.	Medicare IVIG Access Enhancement Act This bill requires the Centers for Medicare & Medicaid Services to establish a three-year demonstration project to evaluate the benefits of providing Medicare coverage and payment for items and services needed for the in-home administration of intravenous immune globulin to treat chronic inflammatory demyelinating polyneuropathy or multifocal motor neuropathy. Beneficiary participation shall be voluntary.
SECTION 1. RURAL EDUCATION. Part J of title X of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8271 et seq.) is amended to read as follows: ``PART J--RURAL EDUCATION INITIATIVE ``SEC. 10951. SHORT TITLE. ``This part may be cited as the `Rural Education Initiative Act of 2001'. ``SEC. 10952. FINDINGS. ``Congress finds the following: ``(1) The National Center for Educational Statistics reports that 46 percent of our Nation's public schools serve rural areas. ``(2) While there are rural education initiatives identified at the State and local level, no Federal education policy focuses on the specific and unique needs of rural school districts and schools. ``(3) Small school districts often cannot use Federal grant funds distributed by formula because the formula allocation does not provide enough revenue to carry out the program the grant is intended to fund. ``(4) Rural schools often cannot compete for Federal funding distributed by competitive grants because the schools lack the personnel needed to prepare grant applications and the resources to hire specialists in the writing of Federal grant proposals. ``(5) A critical problem for rural school districts involves the hiring and retention of qualified administrators and certified teachers (especially in reading, science, and mathematics). As a result, teachers in rural schools are almost twice as likely to provide instruction in three or more subject areas than teachers in urban schools. Rural schools also face other tough challenges, such as shrinking local tax bases, high transportation costs, aging buildings, limited course offerings, and limited resources. ``Subpart 1--Small and Rural School Program ``SEC. 10961. FORMULA GRANT PROGRAM AUTHORIZED. ``(a) Alternative Uses.-- ``(1) In general.--Notwithstanding any other provision of law, an eligible local educational agency may use the applicable funding, that the agency is eligible to receive from the State educational agency for a fiscal year, to support local or statewide education reform efforts intended to improve the academic achievement of elementary school and secondary school students and the quality of instruction provided for the students. ``(2) Notification.--An eligible local educational agency shall notify the State educational agency of the local educational agency's intention to use the applicable funding in accordance with paragraph (1) not later than a date that is established by the State educational agency for the notification. ``(b) Eligibility.-- ``(1) In general.--A local educational agency shall be eligible to use the applicable funding in accordance with subsection (a) if-- ``(A)(i) the total number of students in average daily attendance at all of the schools served by the local educational agency is less than 600; and ``(ii) all of the schools served by the local educational agency are located in a community with a Rural-Urban Continuum Code of 6, 7, 8, or 9, as determined by the Secretary of Agriculture; or ``(B) the agency meets the criteria established in subparagraph (A)(i) and the Secretary, in accordance with paragraph (2), grants the local educational agency's request to waive the criteria described in subparagraph (A)(ii). ``(2) Certification.--The Secretary shall determine whether or not to waive the criteria described in paragraph (1)(A)(ii) based on certification provided by the local educational agency, or the State educational agency on behalf of the local educational agency, that the local educational agency is located in an area defined as rural by a governmental agency of the State. ``(c) Applicable Funding.--In this section, the term `applicable funding' means funds provided under each of titles II, IV, and VI, parts A and C of title VII, and part I of title X. ``(d) Disbursal.--Each State educational agency that receives applicable funding for a fiscal year shall disburse the applicable funding to local educational agencies for alternative uses under this section for the fiscal year at the same time that the State educational agency disburses the applicable funding to local educational agencies that do not intend to use the applicable funding for such alternative uses for the fiscal year. ``(e) Supplement Not Supplant.--Funds used under this section shall be used to supplement and not supplant any other Federal, State, or local education funds that would otherwise be available for the purpose of this subpart. ``(f) Special Rule.--References in Federal law to funds for the provisions of law set forth in subsection (c) may be considered to be references to funds for this section. ``SEC. 10962. PROGRAM AUTHORIZED. ``(a) In General.--The Secretary is authorized to award grants to eligible local educational agencies to enable the local educational agencies to support local or statewide education reform efforts intended to improve the academic achievement of elementary school and secondary school students and the quality of instruction provided for the students. ``(b) Eligibility.-- ``(1) In general.--A local educational agency shall be eligible to receive a grant under this section if-- ``(A)(i) the total number of students in average daily attendance at all of the schools served by the local educational agency is less than 600; and ``(ii) all of the schools served by the local educational agency are located in a community with a Rural-Urban Continuum Code of 6, 7, 8, or 9, as determined by the Secretary of Agriculture; or ``(B) the agency meets the criteria established in subparagraph (A)(i) and the Secretary, in accordance with paragraph (2), grants the local educational agency's request to waive the criteria described in subparagraph (A)(ii). ``(2) Certification.--The Secretary shall determine whether or not to waive the criteria described in paragraph (1)(A)(ii) based on certification provided by the local educational agency, or the State educational agency on behalf of the local educational agency, that the local educational agency is located in an area defined as rural by a governmental agency of the State. ``(c) Allocation.-- ``(1) In general.--Except as provided in paragraph (3), the Secretary shall award a grant to an eligible local educational agency for a fiscal year in an amount equal to the initial amount determined under paragraph (2) for the fiscal year minus the total amount received under the provisions of law described under section 10961(c) for the preceding fiscal year. ``(2) Determination of the initial amount.--The initial amount referred to in paragraph (1) is equal to $100 multiplied by the total number of students, over 50 students, in average daily attendance in such eligible agency plus $20,000, except that the initial amount may not exceed $60,000. ``(3) Ratable adjustment.-- ``(A) In general.--If the amount made available for this subpart for any fiscal year is not sufficient to pay in full the amounts that local educational agencies are eligible to receive under paragraph (1) for such year, the Secretary shall ratably reduce such amounts for such year. ``(B) Additional amounts.--If additional funds become available for making payments under paragraph (1) for such fiscal year, payments that were reduced under subparagraph (A) shall be increased on the same basis as such payments were reduced. ``(5) Census determination.-- ``(A) In general.--Each local educational agency desiring a grant under this section shall conduct a census not later than December 1 of each year to determine the number of kindergarten through grade 12 students in average daily attendance at the schools served by the local educational agency. ``(B) Submission.--Each local educational agency shall submit the number described in subparagraph (A) to the Secretary not later than March 1 of each year. ``(d) Disbursal.--The Secretary shall disburse the funds awarded to a local educational agency under this section for a fiscal year not later than July 1 of that year. ``(e) Special Rule.--A local educational agency that is eligible to receive a grant under this subpart for a fiscal year shall be ineligible to receive funds for such fiscal year under subpart 2. ``(f) Supplement Not Supplant.--Funds made available under this section shall be used to supplement and not supplant any other Federal, State or local education funds. ``SEC. 10963. ACCOUNTABILITY. ``(a) Academic Achievement.-- ``(1) In general.--Each local educational agency that uses or receives funds under section 10961 or 10962 for a fiscal year shall administer an assessment consistent with section 1111. ``(2) Special rule.--Each local educational agency that uses or receives funds under section 10961 or 10962 shall use the same assessment described in paragraph (1) for each year of participation in the program under such section. ``(b) State Educational Agency Determination Regarding Continuing Participation.--Each State educational agency that receives funding under the provisions of law described in section 10961(c) shall-- ``(1) after the second year that a local educational agency participates in a program under section 10961 or 10962 and on the basis of the results of the assessments described in subsection (a), determine whether the students served by the local educational agency participating in the program performed in accordance with section 1111; and ``(2) only permit those local educational agencies that so participated and met the requirements of section 1111(b)(2) to continue to so participate. ``Subpart 2--Low-Income And Rural School Program ``SEC. 10971. PROGRAM AUTHORIZED. ``(a) Reservations.--From amounts appropriated under section 10982 for this subpart for a fiscal year, the Secretary shall reserve \1/2\ of 1 percent to make awards to elementary or secondary schools operated or supported by the Bureau of Indian Affairs to carry out the purpose of this subpart. ``(b) Grants to States.-- ``(1) In general.--From amounts appropriated under section 10982 for this subpart that are not reserved under subsection (a), the Secretary shall award grants for a fiscal year to State educational agencies that have applications approved under section 10973 to enable the State educational agencies to award subgrants to eligible local educational agencies for local authorized activities described in subsection (c)(2). ``(2) Allocation.--From amounts appropriated for this subpart, the Secretary shall allocate to each State educational agency for a fiscal year an amount that bears the same ratio to the amount of funds appropriated under section 10982 for this subpart that are not reserved under subsection (a) as the number of students in average daily attendance served by eligible local educational agencies in the State bears to the number of all such students served by eligible local educational agencies in all States for that fiscal year. ``(3) Direct awards to specially qualified agencies.-- ``(A) Nonparticipating state.--If a State educational agency elects not to participate in the program under this subpart or does not have an application approved under section 10973 a specially qualified agency in such State desiring a grant under this subpart shall apply directly to the Secretary to receive an award under this subpart. ``(B) Direct awards to specially qualified agencies.--The Secretary may award, on a competitive basis, the amount the State educational agency is eligible to receive under paragraph (2) directly to specially qualified agencies in the State. ``(c) Local Awards.-- ``(1) Eligibility.--A local educational agency shall be eligible to receive funds under this subpart if-- ``(A) 20 percent or more of the children aged 5 to 17, inclusive, served by the local educational agency are from families with incomes below the poverty line; and ``(B) all of the schools served by the agency are located in a community with a Rural-Urban Continuum Code of 6, 7, 8, or 9, as determined by the Secretary of Agriculture. ``(2) Uses of funds.--Grant funds awarded to local educational agencies or made available to schools under this subpart shall be used for-- ``(A) educational technology, including software and hardware; ``(B) professional development; ``(C) technical assistance; ``(D) teacher recruitment and retention; ``(E) parental involvement activities; or ``(F) academic enrichment programs. ``SEC. 10972. STATE DISTRIBUTION OF FUNDS. ``(a) Award Basis.--A State educational agency shall award grants to eligible local educational agencies-- ``(1) on a competitive basis; or ``(2) according to a formula based on the number of students in average daily attendance served by the eligible local educational agencies or schools (as appropriate) in the State, as determined by the State. ``(b) Administrative Costs.--A State educational agency receiving a grant under this subpart may not use more than 5 percent of the amount of the grant for State administrative costs. ``SEC. 10973. APPLICATIONS. ``Each State educational agency and specially qualified agency desiring to receive a grant under this subpart shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. Such application shall include specific measurable goals and objectives to be achieved which may include specific educational goals and objectives relating to increased student academic achievement, decreased student drop-out rates, or such other factors that the State educational agency or specially qualified agency may choose to measure. ``SEC. 10974. REPORTS. ``(a) State Reports.--Each State educational agency that receives a grant under this subpart shall provide an annual report to the Secretary. The report shall describe-- ``(1) the method the State educational agency used to award grants to eligible local educational agencies and to provide assistance to schools under this subpart; ``(2) how local educational agencies and schools used funds provided under this subpart; and ``(3) the degree to which progress has been made toward meeting the goals and objectives described in the application submitted under section 10973. ``(b) Specially Qualified Agency Report.--Each specially qualified agency that receives a grant under this subpart shall provide an annual report to the Secretary. Such report shall describe-- ``(1) how such agency uses funds provided under this subpart; and ``(2) the degree to which progress has been made toward meeting the goals and objectives described in the application submitted under section 10971(b)(3)(A). ``(c) Report to Congress.--The Secretary shall prepare and submit to the Committee on Education and the Workforce for the House of Representatives and the Committee on Health, Education, Labor, and Pensions for the Senate an annual report. The report shall describe-- ``(1) the methods the State educational agency used to award grants to eligible local educational agencies and to provide assistance to schools under this subpart; ``(2) how eligible local educational agencies and schools used funds provided under this subpart; and ``(3) progress made in meeting specific measurable educational goals and objectives. ``SEC. 10975. DEFINITIONS. ``For the purposes of this subpart-- ``(1) The term `poverty line' means the poverty line (as defined by the Office of Management and Budget, and revised annually in accordance with section 673(2) of the Community Services Block Grant Act (42 U.S.C. 9902(2))) applicable to a family of the size involved. ``(2) The term `specially qualified agency' means an eligible local educational agency, located in a State that does not participate in a program under this subpart in a fiscal year, that may apply directly to the Secretary for a grant in such year in accordance with section 10971(b)(3). ``Subpart 3--General Provisions ``SEC. 10981. DEFINITION. ``For the purposes of this part, the term `State' means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico. ``SEC. 10982. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated to carry out this part $125,000,000 for fiscal year 2002 and such sums as may be necessary for each of four succeeding fiscal years to be distributed equally between subparts 1 and 2.''.	Rural Education Initiative Act of 2001 - Amends the Elementary and Secondary Education Act of 1965 to establish a Rural Education Initiative, including various grants by the Secretary of Education to State and local educational agencies under: (1) a Small and Rural School Program; and (2) a Low-Income and Rural School Program.
SECTION 1. SHORT TITLE. This Act may be cited as the ``White House Commission on National Military Appreciation Month Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The vigilance of the United States Armed Forces, past and present, has been instrumental to the preservation of the freedom, security, and prosperity that the United States enjoys. (2) The vigilance and capabilities of the United States Armed Forces depend on the dedicated service of its members, their families, and the civilian employees of the Department of Defense and United States Coast Guard. (3) The role of the United States as a world leader, and the global scope that such role imparts to our Nation's interests, requires a military force that is well-trained, well-equipped, and appropriately sized. (4) For such a force to be fielded, the young men and women of the United States must possess a commitment to military service that is sufficient to achieve the levels of recruitment and retention of enlisted, officer, and civilian personnel necessary for sustaining the strength, vitality, and character of the United States Armed Forces. (5) To foster and sustain such a commitment, it is vital for youth in the United States to understand that the service provided by members of the United States Armed Forces is an honorable legacy that has protected the freedoms that are enjoyed by United States citizens and citizens of many other nations. (6) The Federal Government has a responsibility to raise awareness of and respect for this aspect of our national heritage and to encourage citizens to dedicate themselves to the values and principles for which Americans have served and sacrificed throughout our history. (7) Service in the United States Armed Forces entails special sacrifices and hazards. (8) The special duties required of those who serve in the United States Armed Forces demand special sacrifices from the families of service members, and the support of the families is an essential force multiplier that enhances the effectiveness and capabilities of the United States Armed Forces. (9) The Nation's observance of events recognizing the contributions of the Armed Forces is a tangible and highly effective way of sustaining morale and improving quality of life for the military family. (10) Senate Resolution 33 (106th Congress, 1st session), a resolution entitled ``Senate Resolution Designating May 1999 as `National Military Appreciation Month''', agreed to on April 30, 1999, called on the people of the United States, in a symbolic act of unity, to observe a National Military Appreciation Month in May 1999, to honor the service men and women of the United States past and present, including those who have died in the pursuit of freedom and peace. (11) It is important for the relevance of the history and activities of the United States Armed Forces to be emphasized to current and future citizens of the United States through an annual National Military Appreciation Month that includes associated local and national observances and activities. SEC. 3. ESTABLISHMENT OF WHITE HOUSE COMMISSION ON NATIONAL MILITARY APPRECIATION MONTH. It is the sense of Congress that the President should establish a commission known as the ``White House Commission on National Military Appreciation Month'' to make recommendations to the President on the proclamation of ``National Military Appreciation Month'' to be celebrated in the month of May each year. SEC. 4. COMMISSION DUTIES. (a) Recommendations.--The White House Commission on National Military Appreciation Month, if established pursuant to this Act, shall submit to the President its recommendations on actions that should be taken to-- (1) foster public service and civic virtue on the part of the people of the United States by-- (A) inspiring respect and understanding for the spirit of America; (B) recognizing the many sacrifices made by members of the United States Armed Forces and the members of their families; (C) recognizing the importance of maintaining a strong, well-equipped, educated, and trained military force for the United States to safeguard peace and freedom; (D) encouraging the citizens of the United States to take pride in the United States Armed Forces for the protection and service that the Armed Forces provide; (E) recognizing and honoring the dedication and commitment of members of the United States Armed Forces, and expressing appreciation for all contributions made by the members of the Armed Forces throughout the history of the United States; and (F) promoting education of America's youth that focuses on the history and world role of the United States Armed Forces; (2) inspire national, State, local, and tribal participation in the commemoration of the United States Armed Forces throughout the year in celebrations of National Military Appreciation Month and patriotic and military commemorative days, such as Flag Day, D-day, Veterans Day, and Pearl Harbor Day, by-- (A) encouraging the participation of diverse entities including-- (i) national humanitarian and patriotic organizations; (ii) elementary, secondary, and higher education institutions; (iii) veterans' societies and civic, patriotic, educational, sporting, artistic, cultural, and historical organizations; (iv) Federal departments and agencies; and (v) museums, including cultural and historical museums; and (B) recommending appropriate activities to observe National Military Appreciation Month and patriotic and military commemorative days including-- (i) the production, publication, and distribution of books, pamphlets, films, and other educational materials; (ii) bibliographical and documentary projects and publications; (iii) conferences, convocations, lectures, seminars, and other similar programs; (iv) the development of exhibits for libraries, museums, and other appropriate institutions; (v) ceremonies and celebrations commemorating specific events that relate to the establishment of the Armed Forces of the United States and the history of the Armed Forces participation in wars and other hostilities; (vi) competitions, commissions, and awards regarding historical, scholarly, artistic, literary, musical, and other works, programs, and projects related to such commemorations; (vii) recommendations to appropriate agencies or advisory bodies regarding the issuance by the United States of commemorative coins, medals, and stamps relating to National Military Appreciation Month and other military commemorative events; and (viii) recommendations for any legislation or administrative action that the Commission determines to be appropriate regarding the commemoration of National Military Appreciation Month and other military commemorative events; and (3) provide national coordination for the observance of National Military Appreciation Month. (b) Annual Report.-- (1) Requirement for report.--For each fiscal year in which the Commission carries out activities pursuant to this Act, the Commission shall submit to the President and Congress a report describing the activities. (2) Content.--The report under paragraph (1) shall include-- (A) an accounting of funds received and expended by the Commission in the fiscal year, including a detailed description of the sources and amounts of any donations of funds accepted by the Commission under any authority granted to the Commission by the President; and (B) a description of cooperative agreements and contracts entered into by the Commission under any authority granted to the Commission by the President. SEC. 5. COMMISSION MEMBERSHIP. It is the sense of Congress that any White House Commission on National Military Appreciation Month should be composed of the following members: (1) Five members appointed by the President, including at least 1 representative of tribal organizations (as defined in section 4(l) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b(l))). (2) The Secretary of Defense. (3) The Secretary of Veterans Affairs. (4) The Secretary of the Smithsonian Institution. (5) The Director of the Office of Personnel Management. (6) The Administrator of General Services. (7) The Secretary of Transportation. (8) The Secretary of Education. (9) The Secretary of the Interior. (10) The Secretary of State. (11) The Executive Director of the President's Commission on White House Fellows. (12) The Secretary of the Army. (13) The Secretary of the Navy. (14) The Secretary of the Air Force. (15) The Commandant of the Marine Corps. (16) The Commandant of the Coast Guard. (17) The Chief of Staff of the Army. (18) The Chief of Naval Operations. (19) The Chief of Staff of the Air Force. (20) Any other persons appointed by the President upon the recommendation of the Commission. SEC. 6. SPIRIT OF AMERICA ALLIANCE. (a) Establishment.--It is the sense of Congress that, if the President establishes the White House Commission on National Military Appreciation Month, the President should also establish an alliance to be known as the ``Spirit of America Alliance'' that is composed of individuals, appointed by the Commission, who are representatives or members of-- (1) the print, broadcast, or other media industry; (2) the national sports community; (3) the recreation industry; (4) the entertainment industry; (5) the retail industry; (6) the food industry; (7) the health care industry; (8) the transportation industry; (9) the education community; (10) national veterans organizations; (11) families that have lost loved ones in combat or to terrorist acts; (12) the nonprofit community; and (13) honorary, nonvoting members appointed by the Commission. (b) Duties.--The Alliance shall assist the Commission-- (1) in the planning, organization, and conduct of an annual White House Conference on National Military Appreciation Month and other similar events; (2) in the promotion of the observance of National Military Appreciation Month and other military commemorative events through appropriate means, subject to any guidelines developed by the Commission; (3) in the establishment of necessary incentives for Federal, State, and local governments and private sector entities to sponsor and participate in programs initiated by the Commission or the Alliance; (4) in the evaluation of the effectiveness of efforts by the Commission and the Alliance in carrying out this Act; and (5) by the performance of any other related duties that are assigned by the Commission.	White House Commission on National Military Appreciation Month Act - Expresses the sense of Congress that: (1) the President should establish the White House Commission on National Military Appreciation Month to make recommendations to the President on the proclamation of National Military Appreciation Month to be celebrated in May of each year; and (2) any such Commission should be composed of specified members.Expresses the sense of Congress that if such Commission is established, the President should also establish the Spirit of America Alliance to assist the Commission: (1) in the planning, organization, and conduct of an annual White House Conference on National Military Appreciation and other similar events; (2) in the promotion of the observance of such Month and other military commemorative events through appropriate means, subject to any guidelines developed by the Commission; (3) in the establishment of necessary incentives for Federal, State, and local governments and private sector entities to sponsor and participate in programs initiated by the Commission or the Alliance; (4) in the evaluation of the effectiveness of efforts by the Commission and the Alliance in carrying out this Act; and (5) by the performance of any other related duties that are assigned by the Commission.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Fallen Timbers Battlefield and Fort Miamis National Historic Site Act of 1999''. SEC. 2. DEFINITIONS. As used in this Act: (1) The term ``historic site'' means the Fallen Timbers Battlefield and Monument and Fort Miamis National Historic Site established by section 4 of this Act. (2) The term ``management plan'' means the general management plan developed pursuant to section 5(d). (3) The term ``Secretary'' means the Secretary of the Interior. (4) The term ``management entity'' means the Metropolitan Park District of the Toledo Area. (5) The term ``technical assistance'' means any guidance, advice, or other aid, other than financial assistance, provided by the Secretary. SEC. 3. FINDINGS AND PURPOSES. (a) Findings.--Congress finds the following: (1) The 185-acre Fallen Timbers Battlefield is the site of the 1794 battle between General Anthony Wayne and a confederation of Native American tribes led by Little Turtle and Blue Jacket. (2) Fort Miamis was occupied by General Wayne's legion from 1796 to 1798. (3) In the spring of 1813, British troops, led by General Henry Proctor, landed at Fort Miamis and attacked the fort twice, without success. (4) Fort Miamis and Fallen Timbers Battlefield are in Lucas County, Ohio, in the city of Maumee. (5) The 9-acre Fallen Timbers Battlefield Monument is listed as a National Historic Landmark. (6) Fort Miamis is listed in the National Register of Historic Places as a historic site. (7) In 1959, the Fallen Timbers Battlefield was included in the National Survey of Historic Sites and Buildings as 1 of 22 sites representing the ``Advance of the Frontier, 1763-1830''. (8) In 1960, the Fallen Timbers Battlefield was designated as a National Historic Landmark. (b) Purposes.--The purposes of this Act are-- (1) to recognize and preserve the 185-acre Fallen Timbers Battlefield site; (2) to recognize and preserve the Fort Miamis site; (3) to formalize the linkage of the Fallen Timbers Battlefield and Monument to Fort Miamis; (4) to preserve and interpret United States military history and Native American culture during the period from 1794 through 1813; (5) to provide assistance to the State of Ohio, political subdivisions of the State, and nonprofit organizations in the State to implement the management plan and develop programs that will preserve and interpret the historical, cultural, natural, recreational and scenic resources of the historic site; and (6) to authorize the Secretary to provide technical assistance to the State of Ohio, political subdivisions of the State, and nonprofit organizations in the State, including the Ohio Historical Society, the city of Maumee, the Maumee Valley Heritage Corridor, the Fallen Timbers Battlefield Commission, Heidelberg College, the city of Toledo, and the Metropark District of the Toledo Area, to implement the management plan. SEC. 4. ESTABLISHMENT OF THE FALLEN TIMBERS BATTLEFIELD AND FORT MIAMIS NATIONAL HISTORIC SITE. (a) In General.--There is established, as an affiliated area of the National Park System, the Fallen Timbers Battlefield and Fort Miamis National Historic Site in the State of Ohio. (b) Description.--The historic site is comprised of the following as generally depicted on the map entitled Fallen Timbers Battlefield and Fort Miamis National Historical Site-proposed, number NHS-FTFM, and dated May 1999: (1) The Fallen Timbers site, comprised generally of the following: (A) The Fallen Timbers Battlefield site, consisting of an approximately 185-acre parcel located north of U.S. 24, west of U.S. 23/I-475, south of the Norfolk and Western Railroad line, and east of Jerome Road. (B) The approximately 9-acre Fallen Timbers Battlefield Monument, located south of U.S. 24; and (2) The Fort Miamis Park site. (c) Map.--The map shall be on file and available for public inspection in the appropriate offices of the National Park Service. SEC. 5. ADMINISTRATION OF HISTORIC SITES. (a) Applicability of National Park System Laws.--The historic site shall be administered in a manner consistent with this Act and all laws generally applicable to units of the National Park System, including the Act of August 25, 1916 (16 U.S.C. 1, 2-4; commonly known as the National Park Service Organic Act), and the Act of August 21, 1935 (16 U.S.C. 461 et seq.; commonly known as the Historic Sites, Buildings, and Antiquities Act). (b) Cooperative Agreement.--The Secretary may enter into a cooperative agreement with the management entity to provide technical assistance to ensure the marking, research, interpretation, education and preservation of the Fallen Timbers Battlefield and Fort Miamis National Historic Site. (c) Reimbursement.--Any payment made by the Secretary pursuant to this section shall be subject to an agreement that conversion, use, or disposal of the project so assisted for purposes contrary to the purposes of this section as determined by the Secretary, shall result in a right of the United States to reimbursement of all funds made available to such project or the proportion of the increased value of the project attributable to such funds as determined at the time of such conversion, use, or disposal, whichever is greater. (d) General Management Plan.-- (1) In general.--The Secretary, in consultation with the management entity and Native American tribes whose ancestors were involved in events at these sites, shall develop a general management plan for the historic site. The plan shall be prepared in accordance with section 12(b) of Public Law 91-383 (16 U.S.C. 1a-1 et seq.; commonly known as the National Park System General Authorities Act). (2) Completion.--The plan shall be completed not later than 2 years after the date funds are made available. (3) Transmittal.--Not later than 30 days after completion of the plan, the Secretary shall provide a copy of the plan to the Committee on Energy and Natural Resources of the Senate and the Committee on Resources of the House of Representatives. SEC. 6. AUTHORIZATION OF APPROPRIATIONS There is authorized to be appropriated such funds as are necessary to carry out this Act. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.	Fallen Timbers Battlefield and Fort Miamis National Historic Site Act of 1999 - Establishes as an affiliated National Park System (NPS) area, the Fallen Timbers Battlefield and Fort Miamis National Historic Site in the State of Ohio. Requires the Site to be administered in a manner consistent with this Act and all laws generally applicable to NPS units. Authorizes the Secretary of the Interior to enter into a cooperative agreement with the Metropolitan Park District of the Toledo Area (management entity) to provide technical assistance to ensure the marking, research, interpretation, education, and preservation of the Site. Makes any payments by the Secretary pursuant to this Act subject to an agreement that conversion, use, or disposal of the project so assisted for purposes contrary to this Act shall result in a right of the U.S. to reimbursement of all funds made available to such project or the proportion of the increased value of the project attributable to such funds as determined at the time of such conversion, use of disposal, whichever is greater. Directs the Secretary to develop and transmit to specified congressional committees a general management plan for the Site within two years after the date funds are made available. Authorizes appropriations.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Iraq Security Agreement Act of 2008''. SEC. 2. FINDINGS. Congress makes the following findings: (1) On November 26, 2007, President George W. Bush and Prime Minister of Iraq Nouri al-Maliki signed the Declaration of Principles for a Long-Term Relationship of Cooperation and Friendship Between the Republic of Iraq and the United States of America (in this Act referred to as the ``Declaration of Principles''), with the goal of concluding a final agreement or agreements between the United States and Iraq by July 31, 2008, ``with respect to the political, cultural, economic, and security spheres.'' (2) The Declaration of Principles contemplates the United States ``providing security assurances and commitments to the Republic of Iraq to deter foreign aggression.'' (3) In 1992, pursuant to section 1457 of the National Defense Authorization Act for Fiscal Year 1991 (50 U.S.C. 404c), the executive branch submitted a report to Congress on then-existing security commitments and arrangements. (4) The report described in paragraph (3) defined a ``security commitment'' as an ``obligation, binding under international law, of the United States to act in the common defense in the event of an armed attack on that country.'' The report noted that all current security commitments of the United States are ``embodied in treaties which receive the advice and consent of the Senate.'' (5) The report defined a ``security arrangement'' as a ``pledge by the United States to take some action in the event of a threat to that country's security. Security arrangements typically oblige the United States to consult with a country in the event of a threat to its security. They may appear in legally-binding agreements, such as treaties or executive agreements, or in political documents, such as policy declarations by the President, Secretary of State or Secretary of Defense.'' (6) The United States Ambassador to Iraq, Ryan Crocker, has stated that the agreements to be concluded as anticipated by the Declaration of Principles will ``deal with the status of U.S. and coalition forces in Iraq past 2008'' and ``set the broad parameters of the overall bilateral relationship in every field''. (7) On November 26, 2007, Assistant to the President and Deputy National Security Advisor for Iraq and Afghanistan, Lieutenant General Douglas Lute, stated, ``We don't anticipate now that these negotiations [under the Declaration of Principles] will lead to . . . formal inputs from Congress.'' SEC. 3. SENSE OF CONGRESS. It is the sense of Congress that-- (1) any agreement that sets forth the ``broad parameters of the overall bilateral relationship [as between the United States and the Republic of Iraq] in every field,'' particularly one that includes a security commitment or arrangement provided to the Republic of Iraq by the United States, would result in serious military, political, and economic obligations for the United States, and thus, consistent with past practice, should involve a joint decision by the executive and legislative branches; and (2) a short-term extension of the mandate of the Multi- National Force in Iraq (currently provided by United Nations Security Council Resolution 1790 (2007)), would, in concert with Iraqi law, provide United States forces with the authorities, privileges, and immunities necessary for those forces to carry out their mission in Iraq. SEC. 4. ANNUAL REPORT ON SECURITY AGREEMENTS. (a) Reports Required.--Not later than 180 days after date of the enactment of this Act, and every February 1 thereafter, the President shall submit to the appropriate congressional committees a report (in both classified and unclassified form) on United States security commitments to, and arrangements with, other countries. (b) Content.--Each report submitted under subsection (a) shall include the following: (1) The text, and a description, of each security commitment to, or arrangement with, one or more other countries, whether based upon-- (A) a formal document (including a mutual defense treaty, a status of forces agreement, a pre-positioning arrangement or agreement, an access agreement, or a non-binding declaration or letter); or (B) an expressed policy, whether expressed orally or in writing. (2) An assessment of the need to continue, modify, or discontinue each of those commitments and arrangements in view of the changing international security situation. SEC. 5. CONSULTATION WITH CONGRESS. Not later than 30 days after the date of the enactment of this Act, the Secretary of State and the Secretary of Defense shall consult with the appropriate congressional committees about the negotiations pursuant to the Declaration of Principles. After the initial consultation, the Secretary of State and the Secretary of Defense shall keep such committees fully and currently informed regarding the status of the negotiations. Prior to finalizing any agreement that includes a security commitment or security arrangement with Iraq, the Secretary of State should provide the text of the agreement to the appropriate congressional committees. SEC. 6. PROHIBITIONS. (a) Prohibition on Entry Into Force of Certain Agreements.--No agreement containing a security commitment to, or security arrangement with, the Republic of Iraq, may enter into force except pursuant to Article II, section 2, clause 2 of the Constitution of the United States (relating to the making of treaties) or unless authorized by a law enacted on or after the date of the enactment of this Act pursuant to Article I, section 7, clause 2 of the Constitution (relating to the enactment of laws). (b) Prohibition on Use of Funds.--No funds may be obligated or expended to implement an agreement containing a security commitment to, or security arrangement with, the Republic of Iraq, unless it enters into force pursuant to Article II, section 2, clause 2 of the Constitution of the United States or is authorized by a law enacted on or after the date of the enactment of this Act pursuant to Article I, section 7, clause 2 of the Constitution. (c) Point of Order.--It shall not be in order for either House of Congress to consider any bill, resolution, amendment, or conference report that provides budget authority for the implementation of an agreement entered into in contravention of subsection (a). SEC. 7. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED. In this Act, the term ``appropriate congressional committees'' means-- (1) the Committee on Armed Services of the Senate; (2) the Committee on Foreign Relations of the Senate; (3) the Committee on Armed Services of the House of Representatives; and (4) the Committee on Foreign Affairs of the House of Representatives.	Iraq Security Agreement Act of 2008 - Directs the President to report annually to the appropriate congressional committees respecting U.S. security commitments to, and arrangements with, other countries. Directs the Secretary of State and the Secretary of Defense to consult with the appropriate congressional committees respecting negotiations pursuant to the Declaration of Principles between the United States and Iraq. Prohibits any agreement (or the obligation of implementing funds) containing a security commitment to, or security arrangement with, the Republic of Iraq, from entering into force except pursuant to Article II, section 2, clause 2 (relating to treaties) or Article I, section 7, clause 2 (relating to enactment of laws) of the Constitution of the United States.
SECTION 1. EXTENSION OF ENVIRONMENTAL CONSERVATION ACREAGE RESERVE PROGRAM. (a) In General.--The following provisions of the Food Security Act of 1985 are each amended by striking ``1995'' and inserting ``2005'': (1) Section 1230(a) (16 U.S.C. 3830(a)). (2) Section 1231(a) (16 U.S.C. 3831(a)). (3) Section 1231(b)(3) (16 U.S.C. 3831(b)(3)). (4) The first sentence of section 1231(d) (16 U.S.C. 3831(d)). (5) Section 1232(c) (16 U.S.C. 3832(c)). (6) Section 1238B(a)(1) (16 U.S.C. 3838b(a)(1)). (7) Section 1238B(a)(2) (16 U.S.C. 3838b(a)(2)). (8) Section 1238B(a)(11) (16 U.S.C. 3838b(a)(2)). (9) Section 1239(a) (16 U.S.C. 3839(a)). (b) Wetlands Reserve Program.--Section 1237(c) of such Act (16 U.S.C. 3837(c)) is amended by striking ``2000'' and inserting ``2005''. SEC. 2. AUTHORITY TO MODIFY OR EXTEND CONTRACTS. (a) In General.--Subchapter B of chapter 1 of subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 3831-3836) is amended by inserting after section 1235A the following: ``SEC. 1235B. CONVERSION OF LAND SUBJECT TO CONTRACT TO OTHER USES. ``(a) In General.--Prior to or upon the expiration of a contract entered into under this subchapter with respect to environmentally sensitive land (as defined by the State technical committee established under section 1261 in the State in which the land is located, or until such committee is formed, the State technical working group), the Secretary shall extend the duration of the contract, or modify the terms of the contract, in accordance with this section. The Secretary shall place a priority on extending or modifying under this section contracts entered into under this subchapter in such a way as to enable owners and operators to comply with the applicable plan referred to in section 1232(a)(1). ``(b) Options for Owners and Operators.--The Secretary shall permit an owner or operator who has entered into a contract under this subchapter that is in effect on the date of the enactment of this section-- ``(1) before the expiration of the contract, to remove land (including partial fields) from enrollment in the conservation reserve established under this subchapter if-- ``(A) the land is not highly erodible cropland; ``(B) the Soil Conservation Service has classified the land as class I, II, III(s), III(w), or III(c), and the land is covered by a conservation plan approved by the local conservation district (or, if the land is not within a conservation district, a plan approved by the Secretary) that limits the soil erosion to such land to not more than the soil loss tolerance level referred to in section 1201(a)(7)(A)(ii); or ``(C) the land is replaced by land of the same owner that, according to the local conservation district or the Secretary, is more environmentally sensitive; ``(2) before the expiration of the contract, to re-enroll in the reserve for not more than 10 years portions of land enrolled in the reserve if-- ``(A) the land will remain planted to permanent cover and devoted to filter strips, field borders, waterways, terraces, wildlife corridors, well-head protection; buffer strips adjacent to rivers, streams, lakes, wetlands, or any other conservation purpose that the Secretary deems appropriate; and ``(B) future production on the re-enrolled land will not contribute to erosion in excess of the soil loss tolerance level referred to in section 1201(a)(7)(A)(ii); ``(3) before the expiration of the contract, to enter into negotiations with the Secretary to receive reduced annual rental payments in exchange for permission to allow limited uses (as defined by the State technical committee established under section 1261 in the State in which the land is located, or until such committee is formed, the State technical working group) on enrolled land, including haying, grazing, seed production, production of bio-mass, timber, or such other uses as the Secretary may deem appropriate; ``(4) upon expiration of the contract, to retain or transfer cropland bases, with respect to crops for which there is a production adjustment program, to other lands, as long as enrolled croplands remain in permanent cover; or ``(5) upon expiration of the contract, to offer cropland bases, with respect to crops for which there is a production adjustment program, on land subject to the contract, for lease or sale to producers for use on cropland in the county in which the land is located or in an adjacent county, in exchange for maintaining the land in permanent cover, as approved by the State technical committee, or until such committee is formed, the State technical working group. ``(c) Limitation on Annual Rental Payment for Re-Enrolled Land or Land Permitted To Be Devoted to Limited Uses.--Annual rental payments made under this subchapter with respect to land that is the subject of an agreement entered into pursuant to paragraph (2) or (3) of subsection (b) shall not exceed an amount equal to 80 percent of the annual rental payment made under this subchapter with respect to the land for the 12-month period ending on the date the agreement takes effect.''. (b) Conforming Amendment.--Section 1232(a)(7) of such Act (16 U.S.C. 3832(a)(7)) is amended by inserting ``except to the extent authorized under section 1235B,'' after ``(7)''. SEC. 3. DEMONSTRATION PROJECTS. (a) Grant Authority.-- (1) In general.--The Secretary of Agriculture may make grants to producers of agricultural commodities to retain land in the conservation reserve established under subchapter B of chapter 1 of subtitle D of title XII of the Food Security Act of 1985, or to enroll land in the reserve, for the purpose of enabling the owner of the land to grow grass or raise legumes (or do both) on such land, in rotation, as approved by the State technical committee established under section 1261 of such Act in the State in which the land is located or until such committee is formed, the State technical working group. (2) Number of sites.--The Secretary may not select more than 3 sites in each State with respect to which grants are to be made under paragraph (1). (b) Evaluation.--Not later than 3 years after the first grant is made under subsection (a), the Secretary shall evaluate the economic and environmental effects of the uses to which grants under subsection (a) have been put, and shall submit to the Congress a report that contains the findings of the Secretary. (c) Limitations on Authorization of Appropriations.--For grants under subsection (a), there are authorized to be appropriated to the Secretary not more than $500,000 for each of fiscal years 1996, 1997, and 1998.	Amends the Food Security Act of 1985 to extend: (1) the Environmental Conservation Acreage Reserve Program; and (2) the wetlands reserve prgram. Authorizes the Secretary of Agriculture to extend or modify conservation reserve contracts under specified circumstances. Authorizes a demonstration grant program to permit grass and or legumes to be grown on reserve land. Authorizes appropriations.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Unlocking Lifesaving Treatments for Rare-Diseases Act'' or ``ULTRA''. SEC. 2. IMPROVING THE ACCELERATED APPROVAL PATHWAY FOR FAST TRACK PRODUCTS TO SERVE THE UNMET NEEDS OF INDIVIDUALS WITH ULTRA RARE DISEASES. Section 506 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 356) is amended by adding at the end the following: ``(e) Scientific Standards for Approval of Certain Orphan Drugs as Fast Track Products.-- ``(1) In general.--The Secretary may approve an application for a drug designated under section 526 for a rare disease or condition as a fast track product using a surrogate endpoint as described under paragraph (2) if-- ``(A) the Secretary makes an initial determination that the drug is eligible for approval-- ``(i) as a drug designated for a rare disease or condition under section 526; and ``(ii) as a fast track product under this section; and ``(B) the drug is a treatment for a disease or condition that affects a small number of patients in the United States, as determined by the Secretary in designating the drug for a rare disease or condition under section 526. ``(2) Surrogate endpoint definition for certain fast track products.-- ``(A) In general.--If a drug meets the criteria established in paragraph (1), the Secretary-- ``(i) may use a surrogate endpoint for the approval of the drug as a fast track product based on the existence of reasonable scientific data that support and qualify the relevance of the surrogate endpoint to the disease state and treatment; and ``(ii) shall not require clinical treatment data or other historical clinical data on the surrogate endpoint as a prerequisite to assessment of the surrogate endpoint under this subsection if such data are not available. ``(B) Use of clinical data.-- ``(i) Subject to subparagraph (A)(ii), in a surrogate endpoint assessment under this subsection, the Secretary may take into consideration any reliable clinical data that are readily available and published. ``(ii) For a surrogate endpoint which the Secretary decides to use in accordance with subparagraph (A), nothing in this subsection shall preclude the Secretary from requiring clinical data that makes use of the surrogate endpoint as a condition of approval for the fast track product. ``(C) Guidance and considerations.--Not later than 1 year after the date of enactment of the Unlocking Lifesaving Treatments for Rare-Diseases Act, the Secretary shall issue guidance providing details and options for qualifying surrogate endpoints without clinical data pursuant to this subsection. In qualifying a surrogate endpoint under this subsection, the Secretary shall take into account and balance the following considerations: ``(i) The unmet need served by the drug and the adverse effects of the rare disease or condition on quality of life and length of life. ``(ii) The very low likelihood that clinical data would exist or that clinical studies would be completed to support a surrogate endpoint due to the small size of the patient population in the United States and other significant barriers inherent in performing such clinical studies due to the prevalence of the disease or related factors. ``(iii) The full scope of available basic scientific data and information describing the pathophysiology of the disease, mechanism of action of the drug, biology of the relevant disease pathway, information regarding the quality of the biomarker assay, model treatment data, or other supportive scientific information that the Secretary deems reasonably predictive of a clinical benefit in the absence of clinical data.''.	Unlocking Lifesaving Treatments for Rare-Diseases Act or ULTRA - Amends the Federal Food, Drug, and Cosmetic Act to authorize the Secretary of Health and Human Services (HHS) to approve an application for a drug as a fast track product using a surrogate endpoint, based on the existence of reasonable scientific data that support and qualify the relevance of such endpoint to the disease state and treatment, if the Secretary: (1) makes an initial determination that the drug is eligible for approval as a drug designated for a rare disease or condition (orphan drug) and as a fast track product, and (2) determines that the drug is a treatment for a disease or condition that affects a small number of patients in the United States. Prohibits the Secretary from requiring clinical treatment or other historical clinical data on such endpoint as a prerequisite to assessment of that endpoint if such scientific data is not available. Directs the Secretary to issue guidance providing details and options for qualifying surrogate endpoints without clinical data, taking into account and balancing: (1) the unmet need served by the drug and the adverse effects of the rare disease or condition on quality and length of life, (2) the very low likelihood that clinical data would exist or that clinical studies would be completed to support a surrogate endpoint due to the small size of the U.S. patient population and other significant barriers inherent in performing such studies due to the prevalence of the disease or related factors, and (3) the full scope of available basic scientific data and information that the Secretary deems reasonably predictive of a clinical benefit in the absence of clinical data.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Respect for Rights of Conscience Act of 2010''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds the following: (1) As Thomas Jefferson declared to New London Methodists in 1809, ``[n]o provision in our Constitution ought to be dearer to man than that which protects the rights of conscience against the enterprises of the civil authority''. (2) Jefferson's statement expresses a conviction on respect for conscience that is deeply embedded in the history and traditions of our Nation and codified in numerous State and Federal laws, including laws on health care. (3) Until enactment of the Patient Protection and Affordable Care Act (Public Law 111-148, in this section referred to as ``PPACA''), the Federal Government has not sought to impose specific coverage or care requirements that infringe on the rights of conscience of insurers, purchasers of insurance, plan sponsors, beneficiaries, and other stakeholders, such as individual or institutional health care providers. (4) PPACA creates a new nationwide requirement for health plans to cover ``essential health benefits'' and ``preventive services'' (including a distinct set of ``preventive services for women''), delegating to the Department of Health and Human Services the authority to provide a list of detailed services under each category, and imposes other new requirements with respect to the provision of health care services. (5) While PPACA provides an exemption for some religious groups that object to participation in Government health programs generally, it does not allow purchasers, plan sponsors, and other stakeholders with religious or moral objections to specific items or services to decline providing or obtaining coverage of such items or services, or allow health care providers with such objections to decline to provide them. (6) By creating new barriers to health insurance and causing the loss of existing insurance arrangements, these inflexible mandates in PPACA jeopardize the ability of individuals to exercise their rights of conscience and their ability to freely participate in the health insurance and health care marketplace. (b) Purposes.--The purposes of this Act are-- (1) to ensure that health care stakeholders retain the right to provide, purchase, or enroll in health coverage that is consistent with their religious beliefs and moral convictions, without fear of being penalized or discriminated against under PPACA; and (2) to ensure that no requirement in PPACA creates new pressures to exclude those exercising such conscientious objection from health plans or other programs under PPACA. SEC. 3. RESPECT FOR RIGHTS OF CONSCIENCE. (a) In General.--Section 1302(b) of the Patient Protection and Affordable Care Act (Public Law 111-148; 42 U.S.C. 18022(b)) is amended by adding at the end the following new paragraph: ``(6) Respecting rights of conscience with regard to specific items or services.-- ``(A) For health plans.--A health plan shall not be considered to have failed to provide the essential health benefits package described in subsection (a) (or preventive health services described in section 2713 of the Public Health Service Act), to fail to be a qualified health plan, or to fail to fulfill any other requirement under this title on the basis that it declines to provide coverage of specific items or services because-- ``(i) providing coverage (or, in the case of a sponsor of a group health plan, paying for coverage) of such specific items or services is contrary to the religious beliefs or moral convictions of the sponsor, issuer, or other entity offering the plan; or ``(ii) such coverage (in the case of individual coverage) is contrary to the religious beliefs or moral convictions of the purchaser or beneficiary of the coverage. ``(B) For health care providers.--Nothing in this title (or any amendment made by this title) shall be construed to require an individual or institutional health care provider, or authorize a health plan to require a provider, to provide, participate in, or refer for a specific item or service contrary to the provider's religious beliefs or moral convictions. Notwithstanding any other provision of this title, a health plan shall not be considered to have failed to provide timely or other access to items or services under this title (or any amendment made by this title) or to fulfill any other requirement under this title because it has respected the rights of conscience of such a provider pursuant to this paragraph. ``(C) Nondiscrimination in exercising rights of conscience.--No Exchange or other official or entity acting in a governmental capacity in the course of implementing this title (or any amendment made by this title) shall discriminate against a health plan, plan sponsor, health care provider, or other person because of such plan's, sponsor's, provider's, or person's unwillingness to provide coverage of, participate in, or refer for, specific items or services pursuant to this paragraph. ``(D) Construction.--Nothing in subparagraph (A) or (B) shall be construed to permit a health plan or provider to discriminate in a manner inconsistent with subparagraphs (B) and (D) of paragraph (4). ``(E) Private rights of action.--The various protections of conscience in this paragraph constitute the protection of individual rights and create a private cause of action for those persons or entities protected. Any person or entity may assert a violation of this paragraph as a claim or defense in a judicial proceeding. ``(F) Remedies.-- ``(i) Federal jurisdiction.--The Federal courts shall have jurisdiction to prevent and redress actual or threatened violations of this paragraph by granting all forms of legal or equitable relief, including, but not limited to, injunctive relief, declaratory relief, damages, costs, and attorney fees. ``(ii) Initiating party.--An action under this paragraph may be instituted by the Attorney General of the United States, or by any person or entity having standing to complain of a threatened or actual violation of this paragraph, including, but not limited to, any actual or prospective plan sponsor, issuer, or other entity offering a plan, any actual or prospective purchaser or beneficiary of a plan, and any individual or institutional health care provider. ``(iii) Interim relief.--Pending final determination of any action under this paragraph, the court may at any time enter such restraining order or prohibitions, or take such other actions, as it deems necessary. ``(G) Administration.--The Office for Civil Rights of the Department of Health and Human Services is designated to receive complaints of discrimination based on this paragraph and coordinate the investigation of such complaints. ``(H) Actuarial equivalence.--Nothing in this paragraph shall prohibit the Secretary from issuing regulations or other guidance to ensure that health plans excluding specific items or services under this paragraph shall have an aggregate actuarial value at least equivalent to that of plans at the same level of coverage that do not exclude such items or services.''. (b) Effective Date.--The amendment made by subsection (a) shall be effective as if included in the enactment of Public Law 111-148.	Respect for Rights of Conscience Act of 2010 - Amends the Patient Protection and Affordable Care Act (PPACA) to permit a health plan to decline coverage of specific items and services that are contrary to the religious beliefs of the sponsor, issuer, or other entity offering the plan or the purchaser or beneficiary (in the case of individual coverage) without penalty. Declares that such plans are still considered to: (1) be providing the essential health benefits package or preventive health services, (2) be a qualified health plan, and (3) have fulfilled other requirements under PPACA. Declares that nothing in PPACA shall be construed to authorize a health plan to require a provider to provide, participate in, or refer for a specific item or service contrary to the provider's religious beliefs or moral convictions. Prohibits a health plan from being considered to have failed to provide timely or other access to items or services or to fulfill any other requirement under PPACA because it has respected the rights of conscience of such a provider. Prohibits an American Health Benefit Exchange or other official or entity acting in a governmental capacity in the course of implementing PPACA from discriminating against a health plan, plan sponsor, health care provider, or other person because of an unwillingness to provide coverage of, participate in, or refer for, specific items or services. Creates a private cause of action for the protection of individual rights created under this Act. Authorizes any person or entity to assert a violation of this Act as a claim or defense in a judicial proceeding. Designates the Office for Civil Rights of the Department of Health and Human Services (HHS) to receive and investigate complaints of discrimination based on this Act. Makes this Act effective as if it were included in PPACA.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Regulation of Mortgage Servicing Act of 2011''. SEC. 2. DEFINITIONS. In this Act, the following definitions shall apply: (1) Alternative to foreclosure.--The term ``alternative to foreclosure''-- (A) means a course of action with respect to a mortgage offered by a servicer to a borrower as an alternative to a covered foreclosure action; and (B) includes a short sale and a deed in lieu of foreclosure. (2) Borrower.--The term ``borrower'' means a mortgagor under a mortgage who is in default or at risk of imminent default, as determined by the Director, by rule. (3) Covered foreclosure action.--The term ``covered foreclosure action'' means a judicial or nonjudicial foreclosure. (4) Director.--The term ``Director'' means the Director of the Bureau of Consumer Financial Protection. (5) Independent reviewer.--The term ``independent reviewer''-- (A) means an entity that has the expertise and capacity to determine whether a borrower is eligible to participate in a loan modification program; and (B) includes-- (i) an entity that is not a servicer; and (ii) a division within a servicer that is independent of, and not under the same immediate supervision as, any division that makes determinations with respect to applications for loan modifications or alternatives to foreclosure. (6) Loan modification program.--The term ``loan modification program''-- (A) means a program or procedure designed to change the terms of a mortgage in the case of the default, delinquency, or imminent default or delinquency of a mortgagor; and (B) includes-- (i) a loan modification program established by the Federal Government, including the Home Affordable Modification Program of the Department of the Treasury; and (ii) a loan modification program established by a servicer. (7) Mortgage.--The term ``mortgage'' means a federally related mortgage loan, as defined in section 3 of the Real Estate Settlement Procedures Act of 1974 (12 U.S.C. 2602), that is secured by a first or subordinate lien on residential real property. (8) Servicer.--The term ``servicer''-- (A) has the same meaning as in section 6(i) of the Real Estate Settlement Procedures Act of 1974 (12 U.S.C. 2605(i)); and (B) includes a person responsible for servicing a pool of mortgages. SEC. 3. SINGLE POINT OF CONTACT. (a) Case Manager Required.--A servicer shall assign 1 case manager to each borrower that seeks a loan modification or an alternative to foreclosure. (b) Duties of Case Manager.--The case manager assigned under subsection (a) shall be an individual who-- (1) manages the communications between the servicer and the borrower; (2) has the authority to make decisions about the eligibility of the borrower for a loan modification or an alternative to foreclosure; (3) is available to communicate with the borrower by telephone and email during business hours; and (4) remains assigned to the borrower until the earliest of-- (A) the date on which the borrower accepts a loan modification or an alternative to foreclosure; (B) the date on which the servicer forecloses on the mortgage of the borrower; and (C) the date on which a release of the mortgage of the borrower is recorded in the appropriate land records office, as determined by the Director, by rule. (c) Assistance for Case Managers.--A servicer may assign an employee to assist a case manager assigned under subsection (a), if the case manager remains available to communicate with the borrower by telephone and email. SEC. 4. DETERMINATION OF ELIGIBILITY FOR LOAN MODIFICATION PROGRAM OR ALTERNATIVE TO FORECLOSURE REQUIRED BEFORE FORECLOSURE. (a) Initiation of Covered Foreclosure Actions.--A servicer may not initiate a covered foreclosure action against a borrower unless the servicer has-- (1) completed a full review of the file of the borrower to determine whether the borrower is eligible for a loan modification or an alternative to foreclosure; (2) made a reasonable effort to obtain the information necessary to determine whether the borrower is eligible for a loan modification or an alternative to foreclosure, as described in subsection (c); and (3) offered the borrower a loan modification or an alternative to foreclosure, if the borrower is eligible for the loan modification or alternative to foreclosure. (b) Suspension of Covered Foreclosure Actions.-- (1) In general.--A servicer shall suspend a covered foreclosure action that was initiated before the date of enactment of this Act until the servicer-- (A) completes a full review of the file of the borrower to determine whether the borrower is eligible for a loan modification or an alternative to foreclosure; (B) notifies the borrower of the determination under subparagraph (A); and (C) offers the borrower a loan modification or an alternative to foreclosure, if the borrower is eligible for a loan modification or an alternative to foreclosure. (2) Suspension.--During the period of the suspension under paragraph (1), a servicer may not-- (A) send a notice of foreclosure to a borrower; (B) conduct or schedule a sale of the real property securing the mortgage of the borrower; or (C) cause final judgment to be entered against the borrower. (3) Reasonable efforts.--A servicer is not required to suspend a covered foreclosure action under paragraph (1) if the servicer-- (A) makes a reasonable effort to obtain information necessary to determine whether the borrower is eligible for a loan modification or an alternative to foreclosure, as described in subsection (c); and (B) documents that the servicer has not received information necessary to determine whether the borrower is eligible for a loan modification or an alternative to foreclosure before the end of the applicable period under subsection (c). (4) Rule of construction.--Nothing in this section may be construed to require a servicer to delay an unavoidable foreclosure, such as foreclosure that results from a borrower abandoning the residential real property securing a mortgage. (c) Reasonable Effort To Obtain Necessary Information.--A servicer shall be deemed to have made a reasonable effort to obtain information necessary to determine whether the borrower is eligible for a loan modification or an alternative to foreclosure if-- (1) during the 30-day period beginning on the date of delinquency of the borrower, the servicer attempts to establish contact with the borrower by-- (A) making not fewer than 4 telephone calls to the telephone number on record for the borrower, at different times of the day; and (B) sending not fewer than 2 written notices to the borrower at the address on record for the borrower, at least 1 of which shall be delivered by certified mail, requesting that the borrower contact the servicer; (2) in the case that the borrower responds in writing or by telephone to an attempt to establish contact under paragraph (1), the servicer-- (A) notifies the borrower, in writing, that the servicer lacks information necessary to determine whether the borrower is eligible for a loan modification or an alternative to foreclosure; and (B) sends the borrower a written request that the borrower transmit to the servicer all information necessary to determine whether the borrower is eligible for a loan modification or an alternative to foreclosure, not later than 30 days after the date on which the servicer sends the request; (3) in the case that the servicer does not receive from the borrower all information requested under paragraph (2)(B) on or before the date that is 30 days after the date on which the servicer sends the notice under paragraph (2), the servicer sends the borrower a written request that the borrower transmit to the servicer all information necessary to determine whether the borrower is eligible for a loan modification or an alternative to foreclosure, not later than 15 days after the date on which the servicer sends the request; and (4) in the case that the servicer does not receive from the borrower all information requested under paragraph (3) on or before the date that is 15 days after the date on which the servicer sends the request under paragraph (3), the servicer notifies the borrower that the servicer intends to initiate or continue a covered foreclosure action. SEC. 5. THIRD PARTY REVIEW. Before a servicer notifies a borrower that the borrower is not eligible for a loan modification or an alternative to foreclosure, the servicer shall obtain the services of an independent reviewer to-- (1) review the file of the borrower; and (2) determine whether the borrower is eligible for a loan modification or an alternative to foreclosure. SEC. 6. BAR TO FORECLOSURE ACTIONS. (a) In General.--Subject to subsection (b), a violation of this Act shall be a bar to a covered foreclosure action. (b) Effect of Subsequent Compliance.--If a servicer is in compliance with this Act, the servicer may bring or proceed with a covered foreclosure action, without regard to a prior violation of this Act by the servicer. SEC. 7. REGULATIONS. Not later than 90 days after the date of enactment of this Act, the Director, in consultation with the Secretary of Housing and Urban Development and the Secretary of the Treasury, shall issue regulations to carry out this Act. SEC. 8. REPORT. Not later than 1 year after the date of enactment of this Act, the Director shall submit to Congress a report that contains-- (1) an evaluation of the effect of this Act on-- (A) State law; and (B) communication between servicers and borrowers; and (2) a description of any problems concerning the implementation of this Act.	Regulation of Mortgage Servicing Act of 2011 - Requires a mortgage servicer to assign one case manager to each borrower that seeks a mortgage loan modification or an alternative to foreclosure. Requires the case manager to: (1) manage the communication between the servicer and the borrower, and (2) make decisions about the borrower's eligibility for a loan modification or an alternative to foreclosure. Prohibits a servicer from initiating a foreclosure action against a borrower unless the servicer has performed specified tasks related to offering the borrower, if eligible, a loan modification or an alternative to foreclosure. Requires a servicer to suspend a foreclosure action initiated before the enactment of this Act until such tasks have been performed. Prohibits a servicer, during the suspension period, from: (1) sending the borrower a notice of foreclosure, (2) conducting or scheduling a sale of the real property securing the mortgage, or (3) causing final judgment to be entered against the borrower. Prescribes requirements a servicer must meet in order to be deemed to have made a reasonable effort to obtain necessary information to determine a borrower's eligibility for a loan modification or an alternative to foreclosure. Requires a servicer, before notifying a borrower of his or her ineligibility for a loan modification or an alternative to foreclosure, to obtain the services of an independent reviewer to review the borrower's file and determine whether or not the borrower is eligible. Makes a violation of this Act a bar to a foreclosure action. Allows a servicer in compliance with this Act, however, to bring or proceed with a foreclosure action, regardless of any prior violation.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Keeping the Internet Devoid of Sexual Predators Act of 2007'' or the ``KIDS Act of 2007''. SEC. 2. ADDITIONAL AUTHORIZATION OF APPROPRIATIONS FOR SUPERVISION OF INTERNET ACCESS BY SEX OFFENDERS CONVICTED UNDER FEDERAL LAW. In addition to any other sums authorized to be appropriated for the purposes of supervising persons on probation and pretrial release in connection with convictions for Federal offenses, there are authorized to be appropriated $5,000,000 for each fiscal years 2008 through 2013 for any or all of the following purposes: (1) To evaluate computer internet filtering, monitoring and other programs and devices that are designed to filter access to certain web sites, permit monitoring of the use by persons under supervision of internet, and related purposes. (2) To purchase those programs and devices determined through that evaluation to be the best for those purposes. (3) To train probation officers in the use of those programs and devices. (4) To train probation officers in the supervision of sex offenders. (5) To hire probation officers and other personnel as required to supervise convicted sex offenders effectively. SEC. 3. DISCRETIONARY CONDITION OF PROBATION AND SUPERVISED RELEASE FOR SEX OFFENDERS. (a) Probation.--Section 3563(b) of title 18, United States Code, is amended-- (1) in paragraph (22), by striking ``or''; (2) by striking the period at the end of paragraph (23) and inserting ``; or'' and (3) by inserting after paragraph (23) the following: ``(24) if required to register under the Sex Offender Registration and Notification Act-- ``(A) obtain access to the Internet only from computers approved by the probation officer; ``(B) consent and fully cooperate with periodic examinations of the computers by the probation officer, including the retrieval and copying of all data from those computers and removal of the computer equipment for a reasonable period of time for the purpose of conducting a more thorough inspection; ``(C) consent and fully cooperate with the installation on the computers any hardware or software filtering systems designated by the probation officer that restrict the defendant's access to classes of web sites designated by the officer as to which, under the circumstances of the offense, access should be restricted; ``(D) consent and fully cooperate with the installation on the computers of monitoring systems or hardware that permit the probation officer to monitor the defendant's computer use to assure compliance with the law, conditions of probation, and to protect public safety; and ``(E) take no steps to disable or evade the filtering or monitoring programs or devices.''. (b) Supervised Release.--Section 3583(d) of title 18, United States Code, is amended by striking ``any condition set forth as a discretionary condition of probation in section 3563(b)(1) through (b)(10) and (b)(12) through (b)(20)'' and inserting ``a condition set forth in section 3563(b), other than that described in paragraph (11) of that section''. SEC. 4. DIRECTION TO SENTENCING COMMISSION. The United States Sentencing Commission, pursuant to its authority under section 994 of title 28, United States Code, and in accordance with this section, shall review and, if appropriate amend the Federal sentencing guidelines (including its policy statements) applicable to persons convicted of sex offenses involving children in circumstances where the offense is committed or facilitated by the use of the Internet, and-- (1) a misrepresentation is made over the Internet as to the age of the offender; or (2) there is a failure of the offender to reveal the offender's status as a sex offender. SEC. 5. MODIFICATION OF MINIMUM STANDARDS REQUIRED FOR ELECTRONIC MONITORING UNITS USED IN SEXUAL OFFENDER MONITORING PILOT PROGRAM. (a) In General.--Subparagraph (C) of section 621(a)(1) of the Adam Walsh Child Protection and Safety Act of 2006 (42 U.S.C. 16981(a)(1)) is amended to read as follows: ``(C) Minimum standards.--The electronic monitoring units used in the pilot program shall at a minimum-- ``(i) provide a tracking device for each offender that contains a central processing unit with global positioning system; and ``(ii) permit continuous monitoring of offenders 24 hours a day.''. (b) Effective Date.--The amendment made by subsection (a) shall apply to grants provided on or after the date of the enactment of this Act. SEC. 6. FINANCIAL FACILITATION OF ACCESS TO CHILD PORNOGRAPHY. (a) Offense.--Chapter 95 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 1960A. Financial facilitation of access to child pornography ``Whoever knowingly conducts, or attempts or conspires to conduct, a financial transaction (as defined in section 1956(c)) in or affecting interstate or foreign commerce, knowing that such transaction will facilitate access to, or possession of, child pornography (as defined in Section 2256) shall be fined under this title or imprisoned not more than 20 years, or both.''. (b) Amendment to Table of Sections.--The table of sections at the beginning of chapter 95 of title 18, United States Code, is amended by adding at the end the following new item: ``1960A. Financial facilitation of access to child pornography.''. SEC. 7. CHANGE IN DEFINITION OF MONETARY INSTRUMENTS FOR MONEY LAUNDERING AND OTHER OFFENSES. Section 1956(c)(5) of title 18, United States Code, is amended-- (1) by striking ``or'' at the end of clause (i); and (2) by inserting ``, (iii) electronic or digital currencies, and the corresponding monetary value of any associated account, or (iv) stored value cards or similar devices'' after ``delivery''. Passed the House of Representatives November 14, 2007. Attest: LORRAINE C. MILLER, Clerk.	Keeping the Internet Devoid of Sexual Predators Act of 2007 or the KIDS Act of 2007 - Authorizes additional appropriations for FY2008-FY2013 to: (1) evaluate and purchase Internet filtering and monitoring programs and devices; (2) train probation officers in the use of such programs and devices and in the supervision of sex offenders; and (3) hire probation officers and other personnel as required to supervise convicted sex offenders effectively. Amends the federal criminal code to: (1) include as discretionary conditions for the probation and supervised release of a convicted sex offender restricted access to the Internet and monitoring of computers used by such offender by a probation officer; (2) impose a fine and/or prison term of up to 20 years for conducting, or attempting or conspiring to conduct, a financial transaction to facilitate access to, or possession of, child pornography; and (3) include as monetary instruments for money laundering purposes electronic or digital currencies or stored value cards. Directs the U.S. Sentencing Commission to review and, if appropriate, amend its sentencing guidelines for sex offenses involving children where the crimes are committed or facilitated by use of the Internet and the offender's age is misrepresented on the Internet or the offender's status as a sex offender is not revealed. Amends the Adam Walsh Child Protection and Safety Act of 2006 to revise the minimum standards, under a pilot program, for electronic monitoring of sex offenders to eliminate requirements that the tracking device: (1) contain cellular technology in a single unit; and (2) provide two- and three-way voice communication.
SECTION 1. SHORT TITLE. This Act may be cited as the ``City of North Las Vegas Public Land Acquisition Act of 1998''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--The Congress finds the following: (1) The Bureau of Land Management has extensive land ownership in a large parcel adjacent to private land in the City of North Las Vegas, Nevada, making this parcel difficult to manage and more appropriate for disposal. (2) In order to promote responsible and orderly development in the City of North Las Vegas, these Federal lands should be sold or exchanged by the Federal Government based on recommendations made by the City of North Las Vegas. (3) The Las Vegas metropolitan area is the fastest growing urban area in the United States, which is causing significant impacts upon the Lake Mead National Recreation Area, the Red Rock Canyon National Conservation Area, and the Spring Mountains National Recreation Area, which surround the Las Vegas Valley. (b) Purpose.--The purpose of this Act is to provide for the orderly disposal of certain Federal lands in the City of North Las Vegas, Nevada, and to provide for the acquisition of environmentally sensitive lands in the State of Nevada. SEC. 3. DEFINITIONS. As used in this Act: (1) The term ``Secretary'' means the Secretary of the Interior. (2) The term ``unit of local government'' means the City of North Las Vegas in the State of Nevada. (3) The term ``Agreement'' means the agreement entitled ``The Interim Cooperative Management Agreement Between The United States Department of the Interior--Bureau of Land Management and Clark County'', dated November 4, 1992. (4) The term ``special account'' means the account in the Treasury of the United States established under section 4(e)(1)(C). (5) The term ``Recreation and Public Purposes Act'' means the Act entitled ``An Act to authorize acquisition or use of public lands by States, counties, or municipalities for recreational purposes'', approved June 14, 1926 (43 U.S.C. 869 et seq.). (6) The term ``regional governmental entity'' means the Southern Nevada Water Authority, the Regional Flood Control District, and the Clark County Sanitation District. SEC. 4. DISPOSAL AND EXCHANGE. (a) Disposal.--Notwithstanding the land use planning requirements contained in sections 202 and 203 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1711 and 1712), the Secretary, in accordance with this Act, the Federal Land Policy and Management Act of 1976, and other applicable law, and subject to valid existing rights is authorized to dispose of lands within the boundary of the area under the jurisdiction of the Director of the Bureau of Land Management in Clark County, Nevada, as generally depicted on the map entitled ``City of North Las Vegas: Planned Purchase by City from Bureau of Land Management at Appraised Fair Market Value (Approx. 7,500 acres)'', Map #000320, dated December 5, 1989. Such map shall be on file and available for public inspection in the offices of the Director and the Las Vegas District of the Bureau of Land Management. (b) Reservation for Local Public Purposes.-- (1) Recreation and public purpose act conveyances.--Not less than 30 days before the offering of lands for sale or exchange pursuant to subsection (a), the State of Nevada or the unit of local government in whose jurisdiction the lands are located may elect to obtain any such lands for local public purposes pursuant to the provisions of the Recreation and Public Purposes Act. Pursuant to any such election, the Secretary shall retain the elected lands for conveyance to the State of Nevada or such unit of the local government in accordance with the provisions of the Recreation and Public Purposes Act. (2) Rights-of-way.-- (A) Issuance.--Upon application, by a unit of local government or regional governmental entity, the Secretary, in accordance with this Act and the Federal Land Policy and Management Act of 1976, and other applicable provisions of law, shall issue right-of-way grants on Federal lands in Clark County, Nevada, for all reservoirs, canals, channels, ditches, pipes, pipelines, tunnels and other facilities and systems needed for-- (i) the impoundment, storage, treatment, transportation, or distribution of water (other than water from the Virgin River) or wastewater; or (ii) flood control management. (B) Duration.--Right-of-way grants issued under this paragraph shall be valid in perpetuity. (C) Waiver of fees.--Right-of-way grants issued under this paragraph shall not require the payment of rental or cost recovery fees. (c) Withdrawal.--Subject to valid existing rights, all Federal lands identified in subsection (a) for disposal are withdrawn from location and entry under the mining laws and from operation under the mineral leasing and geothermal leasing laws until such time as the Secretary terminates the withdrawal or the lands are patented. (d) Disposition of Proceeds.-- (1) Land sales.--Of the gross proceeds of sales of land under this subsection in a fiscal year-- (A) 5 percent shall be paid directly to the State of Nevada for use in the general education program of the State; (B) 10 percent shall be paid directly to the Southern Nevada Water Authority for water treatment and transmission facility infrastructure in Clark County, Nevada; and (C) the remainder shall be deposited in a special account in the Treasury of the United States for use pursuant to the provisions of paragraph (3). Amounts in the special account shall be available to the Secretary without further appropriation and shall remain available until expended. (2) Land exchanges.--In the case of a land exchange under this section, the non-Federal party shall provide direct payments to the State of Nevada and the Southern Nevada Water Authority in accordance with paragraphs (1)(A) and (B). The payments shall be based on the fair market value of the Federal lands to be conveyed in the exchange and shall be considered a cost incurred by the non-Federal party that shall be compensated by the Secretary if so provided by any agreement to initiate exchange. (3) Availability of special account.-- (A) In general.--Amounts deposited in the special account may be expended by the Secretary for-- (i) the acquisition of environmentally sensitive land in the State of Nevada in accordance with subsection (h), with priority given to lands located within Clark County; (ii) capital improvements at the Lake Mead National Recreation Area, the Desert National Wildlife Refuge, the Red Rock Canyon National Conservation Area and other areas administered by the Bureau of Land Management in Clark County, and the Spring Mountains National Recreation Area; (iii) development of a multispecies habitat conservation plan in Clark County, Nevada; (iv) development of parks, trails, and natural areas in Clark County, Nevada, pursuant to a cooperative agreement with a unit of local government; and (v) reimbursement of costs incurred by the local offices of the Bureau of Land Management in arranging sales or exchanges under this Act. (B) Procedures.--The Secretary shall coordinate the use of the special account with the Secretary of Agriculture, the State of Nevada, local governments, and other interested persons, to ensure accountability and demonstrated results. (C) Limitation.--Not more than 25 percent of the amounts available to the Secretary from the special account in any fiscal year (determined without taking into account amounts deposited under subsection (g)(4)) may be used in any fiscal year for the purposes described in subparagraph (A)(ii). (e) Investment of Special Account.--All funds deposited as principal in the special account shall earn interest in the amount determined by the Secretary of the Treasury on the basis of the current average market yield on outstanding marketable obligations of the United States of comparable maturities. Such interest shall be added to the principal of the account and expended according to the provisions of subsection (e)(3). SEC. 5. ACQUISITIONS. (a) Acquisitions.-- (1) Definition.--For purposes of this subsection, the term ``environmentally sensitive land'' means land or an interest in land, the acquisition of which the United States would, in the judgment of the Secretary or the Secretary of Agriculture-- (A) promote the preservation of natural, scientific, aesthetic, historical, cultural, watershed, wildlife, and other values contributing to public enjoyment and biological diversity; (B) enhance recreational opportunities and public access; (C) provide the opportunity to achieve better management of public land through consolidation of Federal ownership; or (D) otherwise serve the public interest. (2) In general.--After the consultation process has been completed in accordance with paragraph (3), the Secretary may acquire with proceeds of the special account environmentally sensitive land and interests in environmentally sensitive land. Lands may not be acquired under this section without the consent of the owner thereof. Funds made available from the special account may be used with any other funds made available under any other provision of law. (3) Consultation.--Before initiating efforts to acquire land under this subsection, the Secretary or the Secretary of Agriculture shall consult with the State of Nevada and with local government within whose jurisdiction the lands are located, including appropriate planning and regulatory agencies, and with other interested persons, concerning the necessity of making the acquisition, the potential impacts on State and local government, and other appropriate aspects of the acquisition. Consultation under this paragraph is in addition to any other consultation required by law. (b) Administration.--On acceptance of title by the United States, land and interests in land acquired under this subsection that is within the boundaries of a unit of the National Forest System, National Park System, National Wildlife Refuge System, National Wild and Scenic Rivers System, National Trails System, National Wilderness Preservation System, any other system established by Act of Congress, or any national conservation or national recreation area established by Act of Congress-- (1) shall become part of the unit or area without further action by the Secretary or Secretary of Agriculture; and (2) shall be managed in accordance with all laws and regulations and land use plans applicable to the unit or area. (c) Determination of Fair Market Value.--The fair market value of land or an interest in land to be acquired by the Secretary or the Secretary of Agriculture under this subsection shall be determined pursuant to section 206 of the Federal Land Policy and Management Act of 1976 and shall be consistent with other applicable requirements and standards. Fair market value shall be determined without regard to the presence of a species listed as threatened or endangered under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.). (d) Payments in Lieu of Taxes.--Section 6901(1) of title 31, United States Code, is amended-- (1) by striking ``or'' at the end of subparagraph (F); (2) by striking the period at the end of subparagraph (G) and inserting ``; or''; and (3) by adding at the end the following: ``(H) acquired by the Secretary of the Interior or the Secretary of Agriculture under section 5 of the Southern Nevada Public Land Management Act of 1997 that is not otherwise described in subparagraphs (A) through (G).''. SEC. 6. REPORT. The Secretary, in cooperation with the Secretary of Agriculture, shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Resources of the House of Representatives an annual report on all transactions under this section. SEC. 7. RECREATION AND PUBLIC PURPOSES ACT. (a) Transfer of Reversionary Interest.-- (1) In general.--Upon request by a grantee of lands within Clark County, Nevada, that are subject to a lease or patent issued under the Recreation and Public Purposes Act, the Secretary may transfer the reversionary interest in such lands to other non-Federal lands. The transfer of the reversionary interest shall only be made to lands of equal value, except that with respect to the State of Nevada or a unit of local government an amount equal to the excess (if any) of the fair market value of lands received by the unit of local government over the fair market value of lands received by the unit of local government over the fair market value of lands transferred by the unit of local government shall be paid to the Secretary and shall be treated under subsection (e)(1) of this section as proceeds from the sale of land. For purposes of this subsection, the fair market value of lands to be transferred by the State of Nevada or a unit of local government may be based upon a statement of value prepared by a qualified appraiser. (2) Terms and conditions applicable to lands acquired.-- Land selected under this subsection by a grantee described in paragraph (1) shall be subject to the terms and conditions, uses, and acreage limitations of the lease or patent to which the lands transferred by the grantee were subject, including the reverter provisions, under the Recreation and Public Purposes Act.	City of North Las Vegas Public Land Acquisition Act of 1998 - Authorizes the Secretary of the Interior to dispose of specified lands under the jurisdiction of the Bureau of Land Management in Clark County, Nevada. Permits Nevada or the unit of local government in whose jurisdiction the lands are located, to elect to obtain any such lands for local public purposes. Requires the Secretary, upon application by a unit of local government or regional governmental entity, to issue right-of-way grants on Federal lands in Clark County, Nevada, for all reservoirs, canals, channels, ditches, pipes, pipelines, tunnels, and other facilities and systems needed for: (1) the impoundment, storage, treatment, transportation, or distribution of water (other than water from the Virgin river) or wastewater; or (2) flood control management. Directs that, of the gross proceeds of sales of lands in a fiscal year: (1) five percent be paid directly to Nevada for use in the State's general education program; (2) ten percent be paid directly to the Southern Nevada Water Authority for water treatment and transmission facility infrastructure in Clark County; and (3) the remainder be deposited in a special account for use pursuant to the special account provisions specified under this Act. Requires that, in the case of a land exchange, the non-Federal party provide direct payments to Nevada and the Southern Nevada Water Authority. Allows amounts deposited in the special account to be expended by the Secretary for: (1) the acquisition of environmentally sensitive land in Nevada, with priority given to lands located within Clark County; (2) capital improvements at the Lake Mead National Recreation Area, the Desert National Wildlife Refuge, the Red Rock Canyon National Conservation Area and other areas administered by the Bureau in Clark County, and the Spring Mountains National Recreation Area; (3) development of a multispecies habitat conservation plan in Clark County; (4) development of parks, trails, and natural areas in Clark County pursuant to a cooperative agreement with a unit of local government; and (5) reimbursement of costs incurred by the Bureau's local offices in arranging sales or exchanges under this Act. Requires the Secretary to: (1) coordinate the use of the special account with the Secretary of Agriculture, Nevada, local governments, and other interested persons to ensure accountability and demonstrated results; and (2) submit an annual report on all transactions under this Act to the Senate Committee on Energy and Natural Resources and the House Committee on Resources. Authorizes the Secretary to: (1) acquire with proceeds of the special account environmentally sensitive land and interests; and (2) transfer, upon request by a grantee of lands within Clark County that are subject to a lease or patent issued under the Recreation and Public Purposes Act, the reversionary interest in such lands to other non-Federal lands.