CJWeiss/LexSumm · Datasets at Hugging Face

SECTION 1. SHORT TITLE. This Act may be cited as the ``Safety and Self-Sufficiency Act of 2002''. SEC. 2. ADDRESSING DOMESTIC AND SEXUAL VIOLENCE IN TANF PROGRAM. Section 402(a)(7) of the Social Security Act (42 U.S.C. 602(a)(7)) is amended to read as follows: ``(7) Certifications regarding domestic and sexual violence.-- ``(A) General provisions.--A certification by the chief executive officer of the State that the State has established and is enforcing standards and procedures to ensure that domestic and sexual violence is comprehensively addressed, and a written document outlining how the State will do the following: ``(i) Address needs of recipients.--Address the needs of a recipient of assistance under the State program funded under this part who is or has been subjected to domestic or sexual violence, including how the State will-- ``(I) have trained caseworkers screen, and, at the option of such a recipient, assess and identify individuals who are or have been subjected to domestic or sexual violence; ``(II) provide each such recipient with adequate notice of eligibility and program requirements, confidentiality provisions, assessment and program services, and modifications and waivers available to such a recipient as well as the process to access such services, modifications, or waivers; ``(III) refer such recipients for appropriate counseling and other supportive services, modify or waive eligibility or program requirements or prohibitions to address domestic violence and sexual assault barriers, and ensure the access of such recipients to job training, vocational rehabilitation, and other employment- related services as appropriate; ``(IV) restrict the disclosure of any identifying information obtained through any process or procedure implemented pursuant to this paragraph absent the recipient's written consent or unless otherwise required to do so under law; and ``(V) pursuant to a determination of good cause, waive, without time limit, any State or Federal eligibility or program requirement or prohibition for so long as necessary, in every case in which an individual or family receiving such assistance has been identified as having been subjected to domestic or sexual violence, and the requirement makes it more difficult for the individual to address, escape or recover from the violence, unfairly penalizes the individual, or makes the individual or any child of the individual unsafe. ``(ii) Coordination.--Coordinate or contract with State or tribal domestic violence coalitions, sexual assault coalitions, or domestic or sexual violence programs in the development and implementation of standards, procedures, training, and programs required under this part to address domestic and sexual violence. ``(iii) Caseworker training.--Train caseworkers in-- ``(I) the nature and dynamics of domestic or sexual violence and the ways in which they may act to obstruct the economic security or safety of such a recipient or any child of such a recipient; ``(II) the standards, policies and procedures implemented pursuant to this part, including the recipient's rights and protections, such as notice and confidentiality; ``(III) how to screen for and identify when domestic or sexual violence creates barriers to compliance, and how to make effective referrals for services and modify eligibility and program requirements and prohibitions to address domestic and sexual violence barriers; and ``(IV) the process for determining good cause for noncompliance with an eligibility or program requirement or prohibition and granting waivers of the requirements. ``(iv) Use of qualified professionals.--At State option, enter into contracts with or employ qualified domestic violence and sexual violence professionals for the provision of services in each of the fields of domestic or sexual violence. ``(B) Definitions.--In this part: ``(i) Domestic or sexual violence.--The term `domestic or sexual violence' has the same meaning as the term `battered or subject to extreme cruelty' as defined in section 408(a)(7)(C)(iii). ``(ii) Qualified professional defined.--The term qualified professional' includes a State or local victim services organization with recognized expertise in the dynamics of domestic or sexual violence who has as 1 of its primary purposes to provide services to victims of domestic or sexual violence, such as a sexual assault crisis center or domestic violence program, or an individual trained by such an organization.''. SEC. 3. ASSESSMENT. Section 408(b) of the Social Security Act (42 U.S.C. 608(b)) is amended-- (1) in paragraph (1), by striking ``and employability'' and inserting ``employability, and potential barriers, including domestic or sexual violence, mental or physical health, learning disability, substance abuse, English as a second language, or insufficient housing, transportation or child care,''; and (2) in paragraph (2)(A)-- (A) by striking ``and'' at the end of clause (iv); (B) by striking the period at the end of clause (v) and inserting a semicolon; and (C) by adding at the end the following: ``(vi) documents the individual's receipt of adequate notice of program requirements, confidentiality provisions, assessment and program services, and waivers available to individuals who have or may have been subjected to domestic or sexual violence, as well as the process to access such services or waivers; and ``(vii) may not require the individual to participate in services to address domestic or sexual violence.''. SEC. 4. REVIEW AND CONCILIATION PROCESS. Section 408(a) of the Social Security Act (42 U.S.C. 608(a)) is amended by adding at the end the following: ``(12) Review and conciliation process.-- ``(A) In general.--A State to which a grant is made under section 403 shall not impose a sanction or penalty against an individual under the State program funded under this part on the basis of noncompliance by an individual or family with a program requirement, if domestic or sexual violence is a significant contributing factor in the noncompliance. ``(B) Considerations.--Before so imposing a sanction or penalty against an individual, the State shall specifically consider whether the individual has been or is being subjected to domestic or sexual violence, and if such violence is identified, make a reasonable effort to modify or waive program requirements or prohibitions, and offer the individual referral to voluntary services to address the violence.''. SEC. 5. STATE OPTION TO INCLUDE SURVIVORS IN WORK PARTICIPATION RATES. Section 407(b)(2) of the Social Security Act (42 U.S.C. 607(b)(2)) is amended by adding at the end the following: ``(6) State option to include survivors in work participation rates.--A State may consider an individual who, in a month, is receiving services or a waiver described in section 402(a)(7) as being engaged in work for the month for purposes of subsection (b)(1)(B)(i).''. SEC. 6. EXCLUSION OF SURVIVORS OF DOMESTIC OR SEXUAL VIOLENCE FROM 20 PERCENT LIMITATION ON HARDSHIP EXCEPTION. Section 408(a)(7)(C) of the Social Security Act (42 U.S.C. 608(a)(7)(C)) is amended-- (1) by striking clause (i) and inserting the following: ``(i) In general.--The State may exempt a family from the application of subparagraph (A)-- ``(I) by reason of hardship; or ``(II) if the family includes an individual who has been subjected to domestic or sexual violence.''; (2) in clause (ii), by striking ``clause (i)'' and inserting ``clause (i)(I)''; and (3) in clause (iii), by striking ``clause (i)'' and inserting ``clause (i)(II)''. SEC. 7. TECHNICAL ASSISTANCE. Section 413 of the Social Security Act (42 U.S.C. 613) is amended by adding at the end the following: ``(j) Technical Assistance.-- ``(1) Grants to victims services organizations.--The Secretary shall make a grant to one or more national victims services organizations for the purpose of identifying and providing technical assistance with respect to model standards and procedures, practices and training designed to comprehensively address domestic and sexual violence, including for individuals with multiple barriers to employment or compliance with program requirements, and move individuals subjected to domestic or sexual violence into employment without compromising the safety of any individual. ``(2) Grants to states.--The Secretary shall make grants to States and localities to contract with a State or tribal domestic violence coalition or sexual assault coalition or joint domestic and sexual violence coalition to-- ``(A) provide training to caseworkers and technical assistance regarding screening, assessing, and providing services to address domestic or sexual violence, modifying or waiving eligibility or program requirements or prohibitions, and assisting individuals subjected to domestic or sexual violence to secure and retain employment; and ``(B) develop and implement demonstration projects to promote best practices in serving individuals who have been subjected to domestic or sexual violence, with priority given to programs that contract with qualified professionals. ``(3) Limitations on authorization of appropriations.-- ``(A) For grants under paragraph (1), there are authorized to be appropriated to the Secretary not more than $1,000,000 for fiscal year 2003. ``(B) For grants under paragraph (2), there are authorized to be appropriated to the Secretary not more than $10,000,000 for each of fiscal years 2003 through 2007.''. SEC. 8. PENALTIES FOR NONCOMPLIANCE. Section 409(a) of the Social Security Act (42 U.S.C. 609(a)) is amended by adding at the end the following: ``(15) Penalty for failure to comply with requirements relating to domestic or sexual violence.--If the Secretary determines that a State to which a grant is made under section 403 in a fiscal year has failed to comply with subsection (a)(12) or (b) (to the extent relating to domestic or sexual violence) of section 408 during the fiscal year, the Secretary shall reduce the grant payable to the State under section 403(a)(1) for the immediately succeeding fiscal year by an amount equal to 5 percent of the State family assistance grant for such succeeding fiscal year.''.

Safety and Self-Sufficiency Act of 2002 - Amends part A (Temporary Assistance for Needy Families) (TANF) of title IV of the Social Security Act to change from discretionary to mandatory certification by its chief executive officer that a State has established and is enforcing standards and procedures addressing domestic and sexual violence. Revises current requirements for such standards and procedures, adding new ones for caseworker training and optional use of qualified professionals.Requires the initial assessment for individual responsibility plans to cover potential barriers to employment, including domestic or sexual violence, mental or physical health, learning disability, substance abuse, English as a second language, or insufficient housing, transportation or child care.Requires a State, before imposing a noncompliance sanction or penalty against an individual, to: (1) consider specifically whether the individual has been subjected to domestic or sexual violence; and (2) if such violence is identified, make a reasonable effort to modify or waive program requirements or prohibitions, and offer the individual referral to voluntary services. Prohibits imposition of sanctions or penalties if domestic or sexual violence is a significant contributing factor to the individual's noncompliance.Allows a State to: (1) count survivors of domestic or sexual violence as being engaged in work for work participation rates; and (2) exclude such survivors from the 20 percent limitation on the hardship exception to normal termination of TANF after five years.Sets a penalty for State noncompliance with the requirements of this Act at five percent of the State family assistance grant.

15,700

SECTION 1. SHORT TITLE. This Act may be cited as the ``Former Bennett Freeze Area Development Act''. SEC. 2. DEFINITIONS. In this Act: (1) ONHIR.--The term ``ONHIR'' means the Office of Navajo and Hopi Indian Relocation. (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (3) Trust fund.--The term ``Trust Fund'' means the Former Bennett Freeze Area Rehabilitation Trust Fund established under this Act. SEC. 3. ONHIR TRANSITION. (a) Request by Tribe; Authorized Programs.--Upon the request of the Navajo Nation or the Hopi Tribe by tribal resolution, the Commissioner of the Office of Navajo and Hopi Indian Relocation shall enter into a self-determination contract or contracts with the requesting Indian tribe to plan, conduct, and administer programs, functions, services, or activities (or portion thereof), including construction programs administered by the Commissioner that pertain directly to the requesting Indian tribe. Programs, functions, services, or activities contracted under this subsection shall include administrative functions of the Office of Navajo and Hopi Indian Relocation that support the delivery of services to Indians, including those administrative activities supportive of, but not included as part of, the service delivery programs described in this subsection that are otherwise contractable. Such administrative functions shall be contractable without regard to the organizational level within the Office of Navajo and Hopi Indian Relocation that carries out such functions. (b) Regulations.--The Commissioner shall issue regulations implementing subsection (a) that, to the maximum extent feasible-- (1) parallel the requirements of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 450f); and (2) reflect the independent agency status of the Office of Navajo and Hopi Indian Relocation. SEC. 4. FORMER BENNETT FREEZE AREA REHABILITATION TRUST FUND. (a) Establishment.--There is hereby established in the Treasury of the United States a trust fund to be known as the Former Bennett Freeze Area Rehabilitation Trust Fund, which shall consist of the funds appropriated pursuant to subsection (f) of this section and any interest or investment income accrued on such funds. (b) Secretary as Trustee; Investment of Funds.--The Secretary shall be the trustee of the Former Bennett Freeze Area Rehabilitation Trust Fund and shall be responsible for investment of the funds in such Trust Fund. Notwithstanding the foregoing, upon receipt and approval of a plan for the use of those funds consistent with subsection (c), the Secretary shall transfer these funds to the Navajo-Hopi Land Commission Office of the Navajo Nation, or its designee, as trustee. (c) Availability of Funds; Purposes.--Funds in the Former Bennett Freeze Area Rehabilitation Trust Fund, including any interest or investment accruing thereon, shall be available to the Navajo Nation solely for purposes which will contribute to the continuing rehabilitation and improvement of the economic, housing, infrastructure, health, educational, and social condition of families, and Navajo communities, that have been affected by the former Bennett Freeze. (d) Deposits to Trust Fund.--The Trust Fund shall consist of-- (1) a set-aside each fiscal year of 0.75 percent of any amounts appropriated for the Operation of Indian Programs budget of the Bureau of Indian Affairs; (2) a set-aside each fiscal year of 5.0 percent of any amounts appropriated for the Indian Housing Block Grant Program under title I of the Native American Housing and Self- Determination Act of 1996; (3) a set-aside each fiscal year of 0.75 percent of any amounts appropriated for the Rural Development Program (title III); and (4) any amounts appropriated, transferred, or credited to the Trust Fund under any provision of law. (e) Termination of Trust Fund.--The Rehabilitation Trust Fund shall terminate when, upon petition by the Navajo Nation, the Secretary determines that the goals of the Trust Fund have been met. All funds in the Trust Fund on such date shall be transferred to the Treasury. (f) Authorization of Appropriations; Reimbursement of General Fund.--There is hereby authorized to be appropriated for the Former Bennett Freeze Area Rehabilitation Trust Fund such sums as may be necessary for each of fiscal years 2011 through 2025. SEC. 5. MISCELLANEOUS. (a) Expansion of ONHIR Authority.--Section 12 of Public Law 93-531 (25 U.S.C. 640d-11(d)) is amended by adding at the end the following: ``(4) The Commissioner is authorized to carry out a rehabilitation program to redress the effects of Federal development restrictions (commonly referred to as the `Bennett Freeze') in the western portion of the Navajo Reservation. This program shall be limited to housing construction and renovation, infrastructure improvements, and economic development initiatives. ``(5) There are authorized to be appropriated such sums as may be necessary to carry out the program described in paragraph 4.''. (b) Navajo Rehabilitation Trust Fund.--Section 32 of Public Law 93- 531 (25 U.S.C. 640d-30) is amended-- (1) in the first sentence of subsection (f), by striking ``and the United States has been reimbursed for funds appropriated under subsection (f) of this section''; (2) in the first sentence of subsection (g), by striking ``1990, 1991, 1992, 1993, and 1994'' and all that follows through the final period and inserting ``2011, 2012, 2013, 2014, and 2015.''; and (3) in subsection (g), by striking the second sentence. (c) Relocation of Households and Members.--Section 1 of Public Law 93-531 (25 U.S.C. 640d) is amended by adding at the end the following new subsection: ``(f) The Navajo Nation has the right to negotiate and approve an Accommodation Agreement with the Hopi Tribe for any Navajo head of household residing on Hopi Partitioned Land that has not otherwise entered into an Accommodation Agreement but intends to remain on the Hopi Partitioned Land.''. (d) Relinquishment of Accommodation Agreement and Eligibility for Relocation Benefits.--The Navajo-Hopi Land Dispute Settlement Act of 1996 is amended by adding a new section 13 as follows: ``SEC. 13. RELINQUISHMENT OF ACCOMMODATION AGREEMENT AND ELIGIBILITY FOR RELOCATION BENEFITS. ``Notwithstanding any other provision of this Act, the Settlement Agreement, or the Accommodation Agreement, any Navajo family that has entered into an Accommodation Agreement shall have the right-- ``(1) to relinquish that Agreement at any time up until the closure of the Office of Navajo and Hopi Indian Relocation; and ``(2) after relinquishment under paragraph (1), to receive the full relocation benefits to which the family would otherwise have been entitled had the family not signed the Accommodation Agreement, including relocation housing, counseling, and other services.''. (e) Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out the programs set forth in the amendments made by this section. Funds appropriated under this subsection shall be in addition to funds made available for use on the Navajo and Hopi Reservations out of appropriations heretofore or hereafter granted for the benefit, care, or assistance of Indians in general, or made pursuant to other authorizations in effect on the date of the enactment of this Act.

Former Bennett Freeze Area Development Act - Requires the Commissioner of the Office of Navajo and Hopi Indian Relocation (ONHIR), by request of the Navajo Nation or the Hopi Tribe by tribal resolution, to enter into a self-determination contract or contracts with the requesting Indian tribe to plan, conduct, and administer programs, functions, services, or activities, including construction programs administered by the Commissioner that pertain directly to the requesting Indian tribe. Establishes the Former Bennett Freeze Area Rehabilitation Trust Fund in the Treasury. Makes amounts in the Fund available to the Navajo Nation solely for purposes which will contribute to the continuing rehabilitation and improvement of the economic, housing, infrastructure, health, educational, and social condition of families, and Navajo communities, that have been affected by the former Bennett Freeze. Authorizes the Commissioner to carry out a rehabilitation program to redress the effects of federal development restrictions (Bennett Freeze) in the western portion of the Navajo Reservation, limited to housing construction and renovation, infrastructure improvements, and economic development initiatives. Repeals requirements that: (1) the United States be reimbursed for funds appropriated to the Navajo Rehabilitation Trust Fund before its termination; and (2) the income derived by the Navajo Tribe from the surface and mineral estates of certain lands located in New Mexico acquired for the Tribe's benefit be used to reimburse the General Fund of the U.S. Treasury. Reauthorizes the Fund. Grants the Navajo Nation the right to negotiate and approve an Accommodation Agreement with the Hopi Tribe for any Navajo head of household residing on Hopi Partitioned Land that has not otherwise entered into such Agreement but intends to remain on the Land. Amends the Navajo-Hopi Land Dispute Settlement Act of 1996 to grant any Navajo family that has entered into an Accommodation Agreement the right to: (1) relinquish that Agreement at any time up until the closure of the ONHIR; and after such relinquishment (2) receive the full relocation benefits to which the family would otherwise have been entitled had the family not signed such Agreement, including relocation housing, counseling, and other services.

15,701

SECTION 1. SHORT TITLE. This Act may be cited as the ``Equal Rights and Access for the Women of South Sudan Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Despite the 2011 referendum for secession that established the independent state of South Sudan, South Sudanese women continue to experience brutal violation of their human rights. (2) Strong and continued United States support can ensure that the advances made by South Sudanese women since July 2011 when the Republic of South Sudan gained its independence will continue and grow, rather than recede. (3) The United States has made a substantial contribution to the emergency relief and humanitarian efforts for South Sudan. Completing the United States mission in South Sudan will also require significant and long-term investments in development and reconstruction assistance. (4) An inadequate healthcare system has resulted in high maternal and infant mortality rates. The maternal mortality rate is 1,054 deaths per 100,000 live births, making it one of the highest in the world. (5) South Sudan faces many difficulties with its lack of infrastructure and lacks significant human development factors, which can further marginalize women. (6) Over 80 percent of women and girls in South Sudan are illiterate, and thus it is imperative to both secure and inform women's rights within the national development. (7) With the assistance of internal aid and the proliferation of local women's organizations, women's equality can be integrated into South Sudan's nation-building efforts. (8) South Sudan has made gains in incorporating women into the new regime with efforts such as inclusion in the legislative assembly, thus additional support from the United States serves to reinforce these ideals and implementations. (9) The women of South Sudan are taking the initiative to reach across the conflict divide and foster peace. Women's perspectives and experiences in seeking solutions to conflicts are necessary to ensure lasting peace. (10) Adequate security in both urban and rural areas, particularly on military borders, is essential if women and girls are to exercise their human rights, work, attend school, and otherwise participate in and benefit from humanitarian and development programs sponsored by the United States. SEC. 3. REQUIREMENTS RELATING TO UNITED STATES ACTIVITIES RELATING TO SOUTH SUDAN. (a) In General.--Activities described in subsections (b) through (e) that are carried out by the United States in South Sudan shall comply with the applicable requirements contained in such subsections. (b) Governance of South Sudan.--With respect to the governance of South Sudan, the applicable requirements are the following: (1) Include the perspectives and advice from South Sudanese women's organizations, networks, and leaders in United States policymaking related to the governance of South Sudan. (2) Promote the inclusion of a significant number of women in the National Legislature and future legislative bodies to ensure that women's full range of human rights are included and upheld in any constitution or legal structures of South Sudan. (3) Promote the continuation and strengthening of the rights of women as the South Sudan Government transitions to a long-term government structure, and encourage the appointment of women to high level positions within South Sudanese Government. (c) Post-Conflict Reconstruction and Development.--With respect to activities relating to post-conflict stability in South Sudan, the applicable requirements are the following: (1) Ensure that a significant portion of United States development, humanitarian, and relief assistance is channeled to local and United States-based South Sudanese organizations, particularly South Sudanese women's organizations. Provide technical assistance, training, and capacity-building for local organizations to ensure that United States funded efforts will be both effective and sustainable. (2) Encourage United States organizations that receive funds authorized by this Act to partner with or create South Sudanese-led counterpart organizations and provide these organizations with significant financial resources, technical assistance, and capacity building. (3) Provide direct financial and programmatic assistance to the Ministry of Women's Affairs adequate to ensure that the Ministry is able to fulfill its mandate. (4) Promote multiyear women-centered economic development programs, including programs to assist widows, female heads of household, women in rural areas, and disabled women. (5) Increase women's access to or ownership of productive assets such as land, water, agricultural inputs, credit, and property. (6) Provide long-term financial assistance for primary, secondary, higher, nontraditional, and vocational education for South Sudanese girls, women, boys, and men. (7) Provide financial assistance to build the health infrastructure and to deliver high-quality comprehensive health care programs, including primary, maternal, child, reproductive, and mental health care. (8) Integrate education and training programs for former combatants with economic development programs to encourage their reintegration into society and to promote post-conflict stability. (9) Provide assistance to rehabilitate children affected by the conflict, particularly child soldiers. (10) Support educational efforts to increase awareness with respect to landmines, facilitate the removal of landmines, and provide services to individuals with disabilities caused by landmines. (11) Include programs to prevent trafficking in persons, assist victims, and apprehend and prosecute traffickers in persons. (d) South Sudanese Military and Police.--With respect to training for military and police forces in South Sudan, the applicable requirements are the following: (1) Include training on the protection, rights, and the particular needs of women and emphasize that violations of women's rights are intolerable and should be prosecuted. (2) Encourage such trainers who will carry out the activities in paragraph (1) to consult with women's organizations in South Sudan to ensure that training content and materials are adequate, appropriate, and comprehensive. (e) Relief, Resettlement, and Repatriation of Refugees and the Internally Displaced.--With respect to the relief, resettlement, and repatriation of refugees and internally displaced in South Sudan, the applicable requirements are the following: (1) Take all necessary steps to ensure that women refugees and internally displaced in camps, urban areas, and villages are directly receiving food aid, shelter, relief supplies, and other services from United States-sponsored programs. (2) Take all necessary steps to ensure that women refugees in camps, urban areas, and villages are accessing high-quality health and medical services, including primary, maternal, child, and mental health services. (3) Take all necessary steps to ensure that women and children in refugee camps are protected from sexual exploitation. (4) Take all necessary steps to ensure refugees and internally displaced persons that seek to return to their place of origin can do so voluntarily, safely, and with the full protection of their rights. United States-sponsored efforts shall not coerce refugees or internally displaced persons to return to their places of origin. SEC. 4. REPORTING REQUIREMENTS. Not later than 60 days after the date of enactment of this Act, and annually thereafter, the President shall prepare and transmit to Congress a report that contains documentation of the progress in implementing the requirements of section 3. All data shall be disaggregated by sex.

Equal Rights and Access for the Women of South Sudan Act Requires that activities carried out by the United States in South Sudan relating to governance, post-conflict reconstruction and development, police and military training, and refugee relief and assistance support the human rights of women and their full political, social, and economic participation.

15,702

SECTION 1. SHORT TITLE. This Act may be cited as the ``__________ Act of 2008''. SEC. 2. ESTABLISHMENT OF COMMISSION ON THE CONFLICT BETWEEN RUSSIA AND GEORGIA. There is established the Commission on the Conflict between Russia and Georgia (in this Act referred to as the ``Commission''). SEC. 3. PURPOSES OF COMMISSION. The purposes of the Commission are to-- (1) to examine the causes of the conflict between Russia and Georgia that began on August 7, 2008; and (2) make recommendations with respect to the policies of the United States toward Russia, Georgia, and other countries in the region. SEC. 4. COMPOSITION OF COMMISSION. (a) Members.--The Commission shall be composed of 9 members, of whom-- (1) 1 member shall be appointed by the majority leader of the Senate, with the concurrence of the Speaker of the House of Representatives, who shall serve as chair of the Commission; (2) 2 members shall be appointed by the majority leader of the Senate; (3) 2 members shall be appointed by the minority leader of the Senate; (4) 2 members shall be appointed by the Speaker of the House of Representatives; and (5) 2 members shall be appointed by the minority leader of the House of Representatives. (b) Qualifications.--It is the sense of Congress that individuals appointed to the Commission should be prominent United States citizens, with significant depth of experience in the field of foreign relations and with expertise regarding relations between Russia and Georgia. (c) Deadline for Appointment.--All members of the Commission shall be appointed within 90 days of the date of the enactment of this Act. (d) Initial Meeting.--The Commission shall meet and begin the operations of the Commission as soon as practicable after the 90-day period described in subsection (c). After its initial meeting, the Commission shall meet upon the call of the chair or a majority of its members. (e) Quorum; Vacancies.--Six members of the Commission shall constitute a quorum. Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner in which the original appointment was made. SEC. 5. RESPONSIBILITIES OF COMMISSION. The Commission shall-- (1) examine and determine the timeline of events since 1991 that led to the conflict between Russia and Georgia that began on August 7, 2008; (2) examine the policies of the Government of Russia with respect to Georgia; (3) examine the policies of the Government of Georgia with respect to the regions of South Ossetia and Abkhazia; (4) evaluate the role of the North Atlantic Treaty Organization and the April 2008 Bucharest Summit in the development of the conflict between Russia and Georgia; (5) examine and evaluate the policies of the United States with respect to Russia and Georgia in the context of the conflict, including-- (A) any communications by officials of the United States to the Government of Russia; and (B) any communications by officials of the United States to the Government of Georgia; (6) review the role of peacekeepers from Russia in South Ossetia and the relationship between Georgia and the peacekeepers; (7) review and evaluate the training and preparedness of the militaries of Russia and Georgia, including-- (A) any focus in the training of the military of Russia with respect to Georgia; and (B) any focus in the training of the military of Georgia with respect to Russia; (8) review and evaluate allegations of genocide and ethnic cleansing during the conflict; and (9) make recommendations with respect to the policies of the United States with respect to Russia, Georgia, and other countries in the region in the context of the conflict between Russia and Georgia. SEC. 6. POWERS OF COMMISSION. (a) Hearings and Evidence.--The Commission or, on the authority of the Commission, any subcommittee or member thereof, may, for the purpose of carrying out this Act, hold such hearings and sit and act at such times and places, take such testimony, receive such evidence, and administer such oaths as the Commission, subcommittee, or member, as the case may be, may determine advisable. (b) Contracting.--The Commission may, to such extent and in such amounts as are provided in appropriations Acts, enter into contracts to enable the Commission to discharge its duties under this Act. (c) Staff of Commission.-- (1) Appointment and compensation.--The chairman of the Commission, in accordance with rules agreed upon by the Commission, may appoint and fix the compensation of a staff director and such other personnel as may be necessary to enable the Commission to carry out its functions, without regard to-- (A) the provisions of title 5, United States Code, governing appointments in the competitive service; or (B) the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, except that no rate of pay fixed under this subsection may exceed the rate of pay for a position at level V of the Executive Schedule under section 5316 of such title. (2) Personnel as federal employees.-- (A) In general.--The executive director and any employees of the Commission shall be employees under section 2105 of title 5, United States Code, for purposes of chapters 63, 81, 83, 84, 85, 87, 89, and 90 of such title. (B) Members of commission.--Subparagraph (A) shall not be construed to apply to members of the Commission. (3) Detailees.--Any Federal Government employee may be detailed to the Commission without reimbursement from the Commission, and such detailee shall retain the rights, status, and privileges of the detailee's regular employment without interruption. (4) Consultant services.--The Commission may procure the services of experts and consultants in accordance with section 3109 of title 5, United States Code, at rates not to exceed the daily rate of pay for a position at level IV of the Executive Schedule under section 5315 of such title. (5) Emphasis on security clearances.--Emphasis shall be made to hire employees and retain contractors and detailees with active security clearances. (d) Information From Federal Agencies.-- (1) In general.--The Commission is authorized to secure directly from any executive department, bureau, agency, board, commission, office, independent establishment, or instrumentality of the Government, information, suggestions, estimates, and statistics to carry out the purposes of this Act. Each department, bureau, agency, board, commission, office, independent establishment, or instrumentality shall, to the extent authorized by law, furnish such information, suggestions, estimates, and statistics directly to the Commission, upon request made by the chairman, the chairman of any subcommittee created by a majority of the Commission, or any member designated by a majority of the Commission. (2) Receipt, handling, storage, and dissemination.-- Information shall be received, handled, stored, and disseminated only by members of the Commission and its staff consistent with all applicable laws, regulations, and executive orders. (e) Assistance From Federal Agencies.-- (1) General services administration.--The Administrator of General Services shall provide to the Commission on a reimbursable basis administrative support and other services for the performance of the Commission's functions. (2) Other departments and agencies.--In addition to the assistance prescribed in paragraph (1), departments and agencies of the United States may provide to the Commission such services, funds, facilities, staff, and other support services as they may determine advisable and as may be authorized by law. (f) Gifts.--The Commission may accept, use, and dispose of gifts or donations of services or property. (g) Postal Services.--The Commission may use the United States mails in the same manner and under the same conditions as departments and agencies of the United States. SEC. 7. NONAPPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT. The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Commission. SEC. 8. PUBLIC MEETINGS AND HEARINGS; AVAILABILITY OF REPORTS. (a) Public Meetings and Release of Public Versions of Reports.--The Commission shall-- (1) hold public hearings and meetings to the extent appropriate; and (2) release public versions of the report required under section 9. (b) Public Hearings.--Any public hearings of the Commission shall be conducted in a manner consistent with the protection of information provided to or developed for or by the Commission as required by any applicable law, regulation, or executive order. SEC. 9. REPORT. Not later than 180 days after the appointment of the Commission, the Commission shall submit to the President and Congress a final report containing such findings, conclusions, and recommendations as have been agreed to by a majority of Commission members. SEC. 10. TERMINATION. (a) In General.--The Commission, and the provisions of this Act, shall terminate on the date that is 60 days after the date on which the final report is submitted under section 9. (b) Administrative Activities Before Termination.--The Commission may use the 60-day period referred to in subsection (a) for the purpose of concluding its activities, including providing testimony to committees of Congress concerning its report and disseminating the final report. SEC. 11. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated such sums as may be necessary for the purposes of the activities of the Commission under this Act. (b) Duration of Availability.--Amounts made available to the Commission under subsection (a) shall remain available until the termination of the Commission.

Establishes the Commission on the Conflict between Russia and Georgia, which shall: (1) examine the causes of the conflict between Russia and Georgia that began in August 2008; and (2) make U.S. policy recommendations with respect to Russia, Georgia, and other countries in the region. Terminates the Commission 60 days after submission of a final report required under this Act.

15,703

SECTION 1. SHORT TITLE. This Act may be cited as the ``Access and Openness in Small Business Lending Act of 2001''. SEC. 2. SMALL BUSINESS LOAN DATA COLLECTION. (a) In General.--The Equal Credit Opportunity Act (15 U.S.C. 1691 et seq.) is amended by inserting after section 704A the following new section: ``SEC. 704B. SMALL BUSINESS LOAN DATA COLLECTION. ``(a) In General.--Subject to the requirements of this section, in the case of any application to a depository institution for credit for a small business, the depository institution shall-- ``(1) inquire whether the business is a women- or minority- owned business, without regard to whether such application is received in person, by mail, by telephone, by electronic mail or other form of electronic transmission, or by any other means and whether or not such application is in response to a solicitation by the depository institution; and ``(2) maintain a record of the responses to such inquiry separate from the application and accompanying information. ``(b) Right To Refuse.--Any applicant for credit may refuse to provide any information requested pursuant to subsection (a) in connection with any application for credit. ``(c) No Access by Underwriters.--No loan underwriter or other officer or employee of the depository institution, or any affiliate of the depository institution, involved in making any determination concerning an application for credit shall have access to any information provided by the applicant pursuant to a request under subsection (a) in connection with such application. ``(d) Form and Manner of Information.-- ``(1) In general.--Each depository institution shall compile and maintain, in accordance with regulations of the Board, a record of the information provided by any loan applicant pursuant to a request under subsection (a). ``(2) Itemized.--Information compiled and maintained under paragraph (1) shall also be itemized in order to clearly and conspicuously disclose the following: ``(A) The number of the application and the date the application was received. ``(B) The type and purpose of the loan or other credit being applied for. ``(C) The amount of the credit or credit limit applied for and the amount of the credit transaction or the credit limit approved for such applicant. ``(D) The type of action taken with respect to such application and the date of such action. ``(E) The census tract in which is located the principal place of business of the small business loan applicant. ``(F) The gross annual revenue of the business in the last fiscal year of the small business loan applicant preceding the date of the application. ``(3) No personally identifiable information.--In compiling and maintaining any record of information under this section, a depository institution may not include in such record the name, specific address (other than the census tract required under paragraph (1)(E)), telephone number, electronic mail address, and any other personally identifiable information concerning any individual who is, or is connected with, the small business loan applicant. ``(e) Availability of Information.-- ``(1) Submission to agencies.--The data required to be compiled and maintained under this section by any depository institution shall be submitted annually to the agency to whom the enforcement of the requirements of this title are committed under section 704. ``(2) Availability of information.--Information compiled and maintained under this section shall be retained for not less than 3 years after the date of preparation and shall be made available to the public, upon request, in the form required under regulations prescribed by the Board. ``(f) Exemption for Small Institutions.-- ``(1) In general.--This section shall not apply to any depository institution the total assets of which are equal to or less than the exemption amount as of the end of the last full fiscal year of the depository institution preceding the date of the small business loan application. ``(2) Exemption amount.--For purposes of paragraph (1), the exemption amount is the amount determined under subsection (a) of section 309 of Home Mortgage Disclosure Act of 1975 (taking into account the adjustments required under subsection (b) of such section). ``(g) Definitions.-- For purposes of this section, the following definitions shall apply: ``(1) Depository institution.--The term `depository institution'-- ``(A) has the meaning given the term in section 3 of the Federal Deposit Insurance Act; and ``(B) includes any credit union. ``(2) Minority-owned business.--The term `minority-owned business' means a business-- ``(A) more than 50 percent of the ownership or control of which is held by 1 or more minority individuals; and ``(B) more than 50 percent of the net profit or loss of which accrues to 1 or more minority individuals. ``(3) Women-owned business.--The term `women-owned business' means a business-- ``(A) more than 50 percent of the ownership or control of which is held by 1 or more women; and ``(B) more than 50 percent of the net profit or loss of which accrues to 1 or more women. ``(4) Minority.--The term `minority' has the meaning given to such term by section 1204(c)(3) of the Financial Institutions Reform, Recovery and Enforcement Act of 1989. ``(5) Small business loan.--The term `small business loan' includes any loan described or defined as a small business loan under any of the following provisions of title 12 of the Code of Federal Regulations (as in effect on the date of the enactment of the Access and Openness in Small Business Lending Act of 2001): ``(A) Section 25.12(u) of subpart A of part 25. ``(B) Section 228.12(u) of part 228. ``(C) Section 345.12(u) of part 345. ``(D) Section 563e(t) of part 563e.''. (b) Technical and Conforming Amendments.--Section 701(b) of the Equal Credit Opportunity Act (15 U.S.C. 1691(b)) is amended-- (1) by striking ``or'' after the semicolon at the end of paragraph (3); (2) in paragraph (4), by striking the period at the end and inserting ``; or''; and (3) by inserting after paragraph (4), the following new paragraph: ``(5) to make an inquiry under section 704B in accordance with the requirements of such section.''. (c) Clerical Amendment.--The table of sections for title VII of the Consumer Credit Protection Act is amended by inserting after the item relating to section 704A the following new item: ``704B. Small business loan data collection.''. (d) Effective Date.--This section and the amendments made by this section shall take effect at the end of the __-month period beginning on the date of the enactment of this Act.

Access and Openness in Small Business Lending Act of 2001 - Amends the Equal Credit Opportunity Act to require a depository institution, in the case of an application for credit made by a small business, to: (1) inquire whether the business is a women- or minority-owned business; and (2) maintain a record of the responses to such inquiry separate from the application and accompanying information. Allows any applicant to refuse to provide such information. Prohibits: (1) access to such information by any loan underwriter, officer, employee, or affiliate of the depository institution; and (2) the depository institution from including personally identifiable information in such record of responses. Requires such information to be made available to Federal enforcement agencies. Exempts from such requirements institutions having total assets equal to or less than the exemption amount determined under the Home Mortgage Disclosure Act of 1975.

15,704

SECTION 1. SHORT TITLE. This Act may be cited as the ``Ukraine Security Assistance Act of 2014''. SEC. 2. SECURITY ASSISTANCE FOR UKRAINE. (a) In General.--Notwithstanding any other provision of law limiting the assistance to be provided under this section, beginning on the date following the date of completion of the assessment required by subsection (b), the President is authorized to provide to the Government of Ukraine upon that Government's request, as appropriate and in a manner consistent with the capabilities and needs of the armed forces of Ukraine identified in such assessment, the following defense articles, services, and training: (1) Weapons and ammunition, as identified in such assessment. (2) Night navigation equipment. (3) Mine Resistant Ambush Protected vehicles. (4) High Mobility Multipurpose Wheeled Vehicles. (5) Inflatable boats. (6) Body armor. (7) Fire control, range finder, optical and guidance and control equipment. (8) Explosive disposal and improvised explosive device detection equipment. (9) Mine detection equipment. (10) Chemical, biological, radiation, and nuclear detection, testing, and protection equipment. (11) Communications, logistic, combat support, medical equipment, rations, specialized equipment, and other defense articles, services, and training requested by the Government of Ukraine that the President determines to be appropriate. (b) Required Assessment.--No later than 15 days after the date of the enactment of this Act, the Secretary of Defense shall conduct an assessment, or complete any ongoing assessment, of the capabilities and needs of the armed forces of Ukraine and shall ensure that it includes-- (1) an assessment of the releasability of the equipment set forth in subsection (a), equipment requested by the Government of Ukraine, or equipment that may foreseeably be requested based on the current state of the armed forces of Ukraine; and (2) an assessment of the need for, appropriateness of, and force protection concerns of any United States military advisors to be made available to the armed forces of Ukraine. (c) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary of State $100,000,000 for fiscal year 2015 to carry out the activities set forth in subsection (a). (d) Authority for Use of Funds.--The funds made available pursuant to subsection (c) for the provision of defense articles, services, and training may be used to procure such assistance from the United States Government or other appropriate sources. (e) Provision of Assessment to Congress.--Not later than 7 days following the completion of the assessment required by subsection (b), the President shall provide such assessment to the appropriate congressional committees. SEC. 3. SENSE OF CONGRESS ON INTELLIGENCE SHARING WITH UKRAINE. It is the sense of Congress that the President, subject to the discretion of the President so as to protect sources and methods of intelligence collection and to protect the capabilities of the intelligence community and the United States Armed Forces, should-- (1) provide the Government of Ukraine with appropriate intelligence and other information to assist the Government of Ukraine-- (A) to determine the location, strength, and capabilities of the military and intelligence forces of the Russian Federation located on the eastern border of Ukraine and within the territorial borders of Ukraine, including Crimea; and (B) to respond effectively to further aggression by military and intelligence forces of the Russian Federation; (2) take steps to ensure that such intelligence information is fully and appropriately protected from further disclosure, including limiting, as appropriate, the provision and nature of such intelligence information; (3) provide, within 7 days of provision of intelligence information to the Government of Ukraine, a report to the appropriate congressional committees detailing the disclosure; and (4) provide, within 7 days of receipt of a request for intelligence information from the Government of Ukraine, a report to the appropriate congressional committees detailing the request. SEC. 4. MAJOR NON-NATO ALLY STATUS FOR UKRAINE. (a) In General.--During the period in which Ukraine meets the criteria set forth in subsection (b), notwithstanding any other provision of law, for purposes of the transfer or possible transfer of defense articles or defense services under the Arms Export Control Act (22 U.S.C. 2751 et seq.), the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.), or any other provision of law, Ukraine shall be treated as though it were designated a major non-NATO ally (as defined in section 644(q) of the Foreign Assistance Act of 1961 (22 U.S.C. 2403(q))). (b) Criteria for Treatment as a Major Non-NATO Ally.--In order to be treated as a major non-NATO ally pursuant to subsection (a), Ukraine must-- (1) have a democratically elected government that came to power pursuant to free and fair elections; (2) cooperate fully with the United States on matters of mutual security concern, including counterterrorism matters; and (3) respect the political and legal rights of its citizens, including maintaining the right of its citizens to democratically elect their government. (c) Report.--Not later than 1 year after the date of the enactment of this Act, and annually thereafter, the President shall provide to the appropriate congressional committees a report assessing whether Ukraine should continue to be treated, for purposes of the transfer or possible transfer of defense articles or defense services, as a major non-NATO ally and whether the treatment should be expanded or reduced. SEC. 5. EXPANDED SECURITY FORCE TRAINING, ASSISTANCE AND DEFENSE COOPERATION WITH UKRAINE. (a) Expanded Training and Assistance.--The President shall take steps, consistent with the President's responsibility as Commander in Chief, to substantially increase, within one year after the date of the enactment of this Act-- (1) the military-to-military interactions of United States Armed Forces with the armed forces of Ukraine, including specifically utilizing the National Guard State Partnership Program and increasing the current tempo of military exercises and training efforts and exchanges with such armed forces; and (2) United States and NATO security assistance to Ukraine. (b) Bilateral and Multilateral Defense Cooperation Agreements.--Not later than 90 days after the date of the enactment of this Act, the Secretary of State, in coordination with the Secretary of Defense, shall seek to enter into negotiations with Ukraine to establish new, or strengthen existing, bilateral and multilateral defense cooperation agreements, including agreements related to cyber defense cooperation. (c) Report.--Not later than 90 days after the date of the enactment of this Act, and every 180 days thereafter, the President shall submit to the appropriate congressional committees a report detailing the specific efforts being undertaken and planned to be undertaken by the United States Government to implement the increased military-to- military interactions and security assistance required by subsection (a) and to undertake the negotiations required by subsection (c). SEC. 6. DEFINITION. In this Act, the term ``appropriate congressional committees'' means-- (1) the Committee on Foreign Relations, the Committee on Appropriations, the Committee on Armed Services, and the Select Committee on Intelligence of the Senate; and (2) the Committee on Foreign Affairs, the Committee on Appropriations, the Committee on Armed Services, and the Permanent Select Committee on Intelligence of the House of Representatives.

Ukraine Security Assistance Act of 2014 - Authorizes the the President to provide Ukraine with specified defense articles, services, and training. Directs the Secretary of Defense (DOD) to conduct or complete an ongoing assessment of the capabilities and needs of Ukraine's armed forces, and provide it to Congress. Expresses the sense of Congress that the President should: provide Ukraine with appropriate intelligence and other information to determine the location, strength, and capabilities of the military and intelligence forces of the Russian Federation located on Ukraine's eastern border and within its territorial borders, including Crimea; take steps to ensure that such intelligence information is protected from further disclosure; and report to Congress detailing such disclosure. States that during the period in which Ukraine meets specified democratic government and security cooperation criteria it shall be treated as a major non-North Atlantic Treaty Organization (NATO) ally. Directs the President to increase: (1) military-to-military interactions of the U.S. Armed Forces with the armed forces of Ukraine, and (2) U.S. and NATO security assistance to Ukraine. Directs the Secretary of State to seek to enter into negotiations with Ukraine to establish new, or strengthen existing, bilateral and multilateral defense cooperation agreements, including agreements related to cyber defense cooperation.

15,705

SECTION 1. SHORT TITLE. This Act may be cited as the ``Senior Self-Sufficiency Act''. SEC. 2. AMENDMENTS. Part A of title IV of the Older Americans Act of 1965 (42 U.S.C. 3001 et seq.) is amended by adding at the end the following: ``SEC. 422. DEMONSTRATION PROJECTS IN NATURALLY OCCURRING RETIREMENT COMMUNITIES. ``(a) Program Authorized.--The Assistant Secretary shall award grants to eligible entities to carry out 10 demonstration projects to provide comprehensive supportive services to older individuals who reside in noninstitutional residences in naturally occurring retirement communities to enhance the quality of life of such individuals and reduce the need to institutionalize such individuals. Those residences for which assistance is provided under section 202 of the National Housing Act of 1959 (12 U.S.C. 1701q) in naturally occurring retirement communities shall not receive services through a demonstration project under this section if such services would otherwise be provided as part of the assistance received by such residences under such section 202. ``(b) Eligible Entity.--An entity is eligible to receive a grant under this section if such entity is a nonprofit public or private agency, organization, or institution that proposes to provide services only in geographical areas considered to be low- or middle-income areas. ``(c) Priority.-- ``(1) In general.--In awarding grants under this section, the Assistant Secretary shall give priority to eligible entities that provided comprehensive supportive services in fiscal year 2002 to older individuals who resided in noninstitutional residences in naturally occurring retirement communities. ``(2) Rural areas.--Two of the 10 grants awarded under this section shall be awarded to eligible entities that propose to provide services to residents in rural areas. ``(d) Grant Period.--Each grant awarded under this section shall be awarded for a period of 4 years, with not more than $1,000,000 being awarded annually. ``(e) Application.--An eligible entity desiring a grant under this section shall submit an application to the Assistant Secretary in such form and containing such information as the Assistant Secretary may require, including a plan for continuing services provided under the grant after the grant expires. ``(f) Limitations.-- ``(1) Cost-sharing.--An eligible entity receiving a grant under this section may require cost-sharing from individuals receiving services only in a manner consistent with the requirements of title III. ``(2) Construction.--An entity may not use funds received under a grant under this section to construct or permanently improve (other than remodeling to make facilities accessible to older individuals) any building or other facility. ``(g) Definitions.--In this section: ``(1) Naturally occurring retirement community.--The term `naturally occurring retirement community' means a geographical area in which not less than 40 percent of the noninstitutional residences are occupied for not less than 10 years by heads of households who are older individuals, but does not include residences for which assistance is provided under section 202 of the National Housing Act of 1959 (12 U.S.C. 1701q). The definition provided for in the previous sentence may be modified by the Secretary as such definition relates to grants for rural areas. ``(2) Supportive services.--The term `supportive services' means services offered to residents that may include-- ``(A) case management; ``(B) health services and education; ``(C) nutrition services, nutrition education, meals, and meal delivery; ``(D) transportation services; ``(E) home and personal care services; ``(F) continuing adult education; ``(G) information and referral services; and ``(H) any other services and resources appropriate to enhance the quality of life of residents and reduce the need to institutionalize such individuals. ``(h) Matching Requirement.--The Assistant Secretary may not make a grant to an eligible entity under this section unless that entity agrees that, with respect to the costs to be incurred by the entity in carrying out the program for which the grant was awarded, the entity will make available in cash or in-kind (directly or through donations from public or private entities) non-Federal contributions equaling 5 percent of Federal funds provided under the grant for the second year that such grant is provided, 10 percent of Federal funds provided under the grant for the third year that such grant is provided, and 15 percent of Federal funds provided under the grant for the fourth year that such grant is provided. ``(i) Report.--Not later than the beginning of the fourth year of distributing grants under this section, the Assistant Secretary shall evaluate services provided with funds under this section and submit a report to Congress summarizing the results of such evaluation and recommending what services should be taken in the future. ``(j) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section, not more than $10,000,000 for each of fiscal years 2003 through 2006.''.

Senior Self-Sufficiency Act - Amends Older Americans Act of 1965 to direct the Assistant Secretary of Health and Human Services for Aging to award four-year grants of up to $1 million each to eligible entities to carry out ten demonstration projects to provide specified comprehensive supportive services to older individuals in noninstitutional residences in naturally occurring retirement communities to enhance their quality of life and reduce the need to institutionalize them. Limits such grants to geographical areas considered low- or middle-income. Requires two of the grants to be awarded to entities proposing to provide such services to rural residents.

15,706

SECTION 1. SHORT TITLE. This Act may be cited as the ``United States-Israel Enhanced Security Cooperation Act of 2012''. SEC. 2. FINDINGS. Congress finds the following: (1) Since 1948, United States Presidents and both houses of Congress, on a bipartisan basis and supported by the American people, have repeatedly reaffirmed the special bond between the United States and Israel, based on shared values and shared interests. (2) The Middle East is undergoing rapid change, bringing with it hope for an expansion of democracy but also great challenges to the national security of the United States and our allies in the region, particularly our most important ally in the region, Israel. Over the past year, the Middle East has witnessed the fall of some regimes long considered to be stabilizing forces and a rise in the influence of radical Islamists. (3) Iran, which has long sought to foment instability and promote extremism in the Middle East, is now seeking to exploit the dramatic political transition underway in the region to undermine governments traditionally aligned with the United States and support extremist political movements in these countries. (4) At the same time, Iran may soon attain a nuclear weapons capability, a development that would fundamentally threaten vital American interests, destabilize the region, encourage regional nuclear proliferation, further empower and embolden Iran, the world's leading state sponsor of terrorism, and provide it the tools to threaten its neighbors, including Israel. (5) Over the past several years, with the assistance of Iran and Syria, Hizballah and Hamas have increased their stockpiles of rockets, with more than 60,000 rockets now ready to be fired at Israel. Iran continues to add to its arsenal of ballistic missiles and cruise missiles, which threaten Iran's neighbors, Israel, and United States military forces in the region. (6) As a result, the strategic environment that has kept Israel secure and safeguarded United States national interests for the past 35 years has eroded. SEC. 3. STATEMENT OF POLICY. It is the policy of the United States: (1) To reaffirm the enduring commitment of the United States to the security of the State of Israel as a Jewish state. As President Obama stated on December 16, 2011, ``America's commitment and my commitment to Israel and Israel's security is unshakeable.''. And as President Bush stated before the Knesset on the 60th anniversary of the founding of the State of Israel on May 15, 2008, ``The alliance between our governments is unbreakable, yet the source of our friendship runs deeper than any treaty.''. (2) To provide Israel the military capabilities necessary to deter and defend itself by itself against any threats. (3) To veto any one-sided anti-Israel resolutions at the United Nations Security Council. (4) To support Israel's inherent right to self-defense. (5) To pursue avenues to expand cooperation with Israel in both defense and across the spectrum of civilian sectors, including high technology, agriculture, medicine, health, pharmaceuticals, and energy. (6) To assist Israel with its on-going efforts to forge a peaceful, negotiated settlement of the Israeli-Palestinian conflict that results in two states living side by side in peace and security, and to encourage Israel's neighbors to recognize Israel's right to exist as a Jewish state. SEC. 4. UNITED STATES ACTIONS TO ASSIST IN THE DEFENSE OF ISRAEL AND PROTECT AMERICAN INTERESTS. (a) Sense of Congress.--It is the sense of Congress that the United States should take the following actions to assist in the defense of Israel: (1) Provide Israel such support as may be necessary to increase development and production of joint missile defense systems, particularly such systems that defend the urgent threat posed to Israel and United States forces in the region. (2) Provide Israel assistance specifically for the production and procurement of the Iron Dome defense system for purposes of intercepting short-range missiles, rockets, and projectiles launched against Israel. (3) Provide Israel defense articles and defense services through such mechanisms as appropriate, to include air refueling tankers, missile defense capabilities, and specialized munitions. (4) Allocate additional weaponry and munitions for the forward-deployed United States stockpile in Israel. (5) Provide Israel additional surplus defense articles and defense services, as appropriate, in the wake of the withdrawal of United States forces from Iraq. (6) Strengthen efforts to prevent weapons smuggling into Gaza pursuant to the 2005 Agreement on Movement and Access following the Israeli withdrawal from Gaza and to protect against weapons smuggling and terrorist threats from the Sinai Peninsula. (7) Offer the Israeli Air Force additional training and exercise opportunities in the United States to compensate for Israel's limited air space. (8) Expand Israel's authority to make purchases under the Foreign Military Financing program on a commercial basis. (9) Seek to enhance the capabilities of the United States and Israel to address emerging common threats, increase security cooperation, and expand joint military exercises. (10) Encourage an expanded role for Israel within the North Atlantic Treaty Organization (NATO), including an enhanced presence at NATO headquarters and exercises. (11) Support extension of the long-standing loan guarantee program for Israel, recognizing Israel's unbroken record of repaying its loans on time and in full. (12) Expand already-close intelligence cooperation, including satellite intelligence, with Israel. (b) Report on Israel's Qualitative Military Edge.-- (1) Statement of policy.--It is the policy of the United States-- (A) to help Israel preserve its qualitative military edge amid rapid and uncertain regional political transformation; and (B) to encourage further development of advanced technology programs between the United States and Israel given current trends and instability in the region. (2) Report.--Not later than 180 days after the date of the enactment of this Act, the President shall submit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a report on the status of Israel's qualitative military edge in light of current trends and instability in the region. (c) Reports on Other Matters.--Not later than 180 days after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees a report on each of the following: (1) Taking into account Israel's urgent requirement for F- 35 aircraft, actions to improve the process relating to Israel's purchase of F-35 aircraft to improve cost efficiency and timely delivery. (2) Efforts to expand cooperation between the United States and Israel in homeland security, counter-terrorism, maritime security, energy, cybersecurity, and other appropriate areas. (3) Actions to integrate Israel into the defense of the Eastern Mediterranean. (d) Definitions.--In this section: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Appropriations, the Committee on Armed Services, and the Committee on Foreign Affairs of the House of Representatives; and (B) the Committee on Appropriations, the Committee on Armed Services, and the Committee on Foreign Relations of the Senate. (2) Qualitative military edge.--The term ``qualitative military edge'' has the meaning given the term in section 36(h)(2) of the Arms Export Control Act (22 U.S.C. 2776(h)(2)). SEC. 5. EXTENSION OF AUTHORITY TO PROVIDE LOAN GUARANTEES TO ISRAEL. (a) In General.--Chapter 5 of title I of the Emergency Wartime Supplemental Appropriations Act, 2003 (Public Law 108-11), as amended, is further amended in the item relating to ``Loan Guarantees to Israel''-- (1) in the matter preceding the first proviso, by striking ``September 30, 2011'' and inserting ``September 30, 2015''; and (2) in the second proviso, by striking ``September 30, 2011'' and inserting ``September 30, 2015''. (b) Effective Date.--The amendments made by this section take effect on the date of enactment of this Act. Passed the House of Representatives May 9, 2012. Attest: KAREN L. HAAS, Clerk.

United States-Israel Enhanced Security Cooperation Act of 2012 - Expresses the sense of Congress that the United States should take specified actions to assist in Israel's defense. States that is U.S. policy to: (1) help Israel preserve its qualitative military edge amid regional political transformation, and (2) encourage further development of advanced technology programs between the United States and Israel. Directs the President to report to Congress on: (1) the status of Israel's qualitative military edge in light of current regional trends and instability; (2) actions to improve the process relating to Israel's purchase and receipt of F-35 aircraft; (3) efforts to expand cooperation between the United States and Israel in homeland security, counter-terrorism, maritime security, energy, cyber security, and other appropriate areas; and (4) actions to integrate Israel into the defense of the Eastern Mediterranean. Amends the Emergency Wartime Supplemental Appropriations Act, as amended, to extend authority for loan guarantees to Israel through September 30, 2015.

15,707

SECTION 1. SHORT TITLE. This Act may be cited as the ``Hydrogen Future Act of 1996''. SEC. 2. DEFINITIONS. For purposes of titles II and III-- (1) the term ``Department'' means the Department of Energy; and (2) the term ``Secretary'' means the Secretary of Energy. TITLE I--HYDROGEN SEC. 101. PURPOSES AND DEFINITIONS. (a) Section 102(b)(1) of Public Law 101-566 (42 U.S.C. 12401(b)(1)) is amended to read as follows: ``(1) to direct the Secretary of Energy to conduct a research, development, and demonstration program leading to the production, storage, transport, and use of hydrogen for industrial, residential, transportation, and utility applications;''. (b) Section 102(c) of Public Law 101-566 (42 U.S.C. 12401(c)) is amended-- (1) in subsection (1) by striking ``; and'' inserting ``;''; (2) by redesignating subsection (2) as subsection (3); and (3) by inserting before subsection (3) (as redesignated) the following new subsection: ``(2) `Department' means the Department of Energy; and''. SEC. 102. REPORTS TO CONGRESS. (a) Section 103 of Public Law 101-566 (42 U.S.C. 12402) is amended to read as follows: ``Sec. 103. Report to Congress ``(a) Not later than January 1, 1999, the Secretary shall transmit to Congress a detailed report on the status and progress of the programs authorized under this Act. ``(b) A report under subsection (a) shall include, in addition to any views and recommendations of the Secretary-- ``(1) an analysis of the effectiveness of the programs authorized under this chapter, to be prepared and submitted to the Secretary by the Hydrogen Technical Advisory Panel established under section 108 of this Act; and ``(2) recommendations of the Hydrogen Technical Advisory Panel for any improvements in the program that are needed, including recommendations for additional legislation.''. (b) Section 108(d) of Public Law 101-566 (42 U.S.C. 12407(d)) is amended-- (1) by adding ``and'' at the end of paragraph (1); (2) by striking ``; and'' at the end of paragraph (2) and inserting a period; and (3) by striking paragraph (3). SEC. 103. HYDROGEN RESEARCH AND DEVELOPMENT. (a) Section 104 of Public Law 101-566 (42 U.S.C. 12403) is amended to read as follows: ``Sec. 104. Hydrogen research and development ``(a) The Secretary shall conduct a hydrogen research and development program relating to production, storage, transportation, and use of hydrogen, with the goal of enabling the private sector to demonstrate the technical feasibility of using hydrogen for industrial, residential, transportation, and utility applications. ``(b) In conducting the program authorized by this section, the Secretary shall-- ``(1) give particular attention to developing an understanding and resolution of critical technical issues preventing the introduction of hydrogen into the marketplace; ``(2) initiate or accelerate existing research in critical technical issues that will contribute to the development of more economic hydrogen production and use, including, but not limited to, critical technical issues with respect to production (giving priority to those production techniques that use renewable energy resources as their primary source of energy for hydrogen production), liquefaction, transmission, distribution, storage, and use (including use of hydrogen in surface transportation); and ``(3) survey private sector hydrogen activities and take steps to ensure that research and development activities under this section do not displace or compete with the privately funded hydrogen research and development activities of United States industry. ``(c) The Secretary is authorized to evaluate any reasonable new or improved technology, including basic research on highly innovative energy technologies, that could lead or contribute to the development of economic hydrogen production, storage, and utilization. ``(d) The Secretary is authorized to evaluate any reasonable new or improved technology that could lead or contribute to, or demonstrate the use of, advanced renewable energy systems or hybrid systems for use in isolated communities that currently import diesel fuel as the primary fuel for electric power production. ``(e) The Secretary is authorized to arrange for tests and demonstrations and to disseminate to researchers and developers information, data, and other materials necessary to support the research and development activities authorized under this section and other efforts authorized under this chapter, consistent with section 106 of this Act. ``(f) The Secretary shall carry out the research and development activities authorized under this section only through the funding of research and development proposals submitted by interested persons according to such procedures as the Secretary may require and evaluate on a competitive basis using peer review. Suchfunding shall be in the form of a grant agreement, procurement contract, or cooperative agreement (as those terms are used in chapter 63 of title 31, United States Code). ``(g) The Secretary shall not consider a proposal submitted by a person from industry unless the proposal contains a certification that reasonable efforts to obtain non-Federal funding for the entire cost of the project have been made, and that such non-Federal funding could not be reasonably obtained. As appropriate, the Secretary shall require a commitment from non-Federal sources of at least 50 percent of the cost of the development portion of such a proposal. ``(h) The Secretary shall not carry out any activities under this section that unnecessarily duplicate activities carried out elsewhere by the Federal Government or industry. ``(i) The Secretary shall establish, after consultation with other Federal agencies, terms and conditions under which Federal funding will be provided under this chapter that are consistent with the Agreement on Subsidies and Countervailing Measures referred to in section 101(d)(12) of the Uruguay Round Agreement Act (19 U.S.C. 3511(d)(12)).''. (b)(1) Section 2026(a) of the Energy Policy Act of 1992 (42 U.S.C. 13436(a)) is amended by striking ``, in accordance with sections 3001 and 3002 of this Act,''. (2) Effective October 1, 1998, section 2026 of the Energy Policy Act of 1992 (42 U.S.C. 13436) is repealed. SEC. 104. DEMONSTRATIONS. Section 105 of Public Law 101-566 (42 U.S.C. 12404) is amended by adding at the end the following new subsection: ``(c) The Secretary shall require a commitment from non-Federal sources of at least 50 percent of the cost of any demonstration conducted under this section.''. SEC. 105. TECHNOLOGY TRANSFER. Section 106(b) of Public Law 101-566 (42 U.S.C. 12405(b)) is amended by adding to the end of the subsection the following: ``The Secretary shall also foster the exchange of generic, nonproprietary information and technology, developed pursuant to this chapter, among industry, academia, and the Federal Government, to help the United States economy attain the economic benefits of this information and technology.''. SEC. 106. AUTHORIZATION OF APPROPRIATIONS. Section 109 of Public Law 101-566 (42 U.S.C. 12408) is amended-- (1) by striking ``to other Acts'' and inserting ``under other Acts''; (2) by striking ``and'' from the end of paragraph (2); (3) by striking the period from the end of paragraph (3) and inserting ``;''; and (4) by adding at the end of the section the following: ``(4) $14,500,000 for fiscal year 1996; ``(5) $20,000,000 for fiscal year 1997; ``(6) $25,000,000 for fiscal year 1998; ``(7) $30,000,000 for fiscal year 1999; ``(8) $35,000,000 for fiscal year 2000; and ``(9) $40,000,000 for fiscal year 2001.''. TITLE II--FUEL CELLS SEC. 201. INTEGRATION OF FUEL CELLS WITH HYDROGEN PRODUCTION SYSTEMS. (a) Not later than 180 days after the date of enactment of this section, and subject to the availability of appropriations made specifically for this section, the Secretary of Energy shall solicit proposals for projects to prove the feasibility of integrating fuel cells with-- (1) photovoltaic systems for hydrogen production; or (2) systems for hydrogen production from solid waste via gasification or steam reforming. (b) Each proposal submitted in response to the solicitation under this section shall be evaluated on a competitive gas is using peer review. The Secretary is not required to make an award under this section in the absence of a meritoriousproposals. (c) The Secretary shall give preference, in making an award under this section, to proposals that-- (1) are submitted jointly from consortia including academic institutions, industry, State or local governments, and Federal laboratories; and (2) reflect proven experience and capability with technologies relevant to the systems described in subsections (a)(1) and (a)(2). (d) In the case of a proposal involving development or demonstration, the Secretary shall require a commitment from non- Federal sources of at least 50 percent of the cost of the development or demonstration portion of the proposal. (e) The Secretary shall establish, after consultation with other Federal agencies, terms and conditions under which Federal funding will be provided under this title that are consistent with the Agreement on Subsidies and Countervailing Measures referred to in section 101(d)(12) of the Uruguay Round Agreement Act (19 U.S.C. 3511(d)(12)). SEC. 202. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated, for activities under this section, a total of $50,000,000 for fiscal years 1997 and 1998, to remain available until September 30, 1999. TITLE III--DOE SCIENTIFIC AND TECHNICAL PROGRAM QUALITY SEC. 301. TEMPORARY APPOINTMENTS FOR SCIENTIFIC AND TECHNICAL EXPERTS IN DEPARTMENT OF ENERGY RESEARCH AND DEVELOPMENT PROGRAMS. (a) The Secretary, utilizing authority under other applicable law and the authority of this section, may appoint for a limited term, or on a temporary basis, scientists, engineers, and other technical and professional personnel on leave of absence from academic, industrial, or research institutions to work for the Department. (b) The Department may pay, to the extent authorized for certain other Federal employees by section 5723 of title 5, United States Code, travel expenses for any individual appointed for a limited term or on a temporary basis and transportation expenses of his or her immediate family and his or her household goods and personal effects from that individual's residence at the time of selection or assignment to his or her duty station. The Department may pay such travel expenses to the same extent for such an individual's return to the former place of residence from his or her duty station, upon separation from the Federal service following an agreed period of service. The Department may also pay a per diem allowance at a rate not to exceed the daily amounts prescribed under section 5702 of title 5 to such an individual, in lieu of transportation expenses of the immediate family and household goods and personal effects, for the period of his or her employment with the Department. Notwithstanding any other provision of law, the employer's contribution to any retirement, life insurance, or health benefit plan for an individual appointed for a term of one year or less, which could be extended for no more than one additional year, may be made or reimbursed from appropriations available to the Department. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

TABLE OF CONTENTS: Title I: Hydrogen Title II: Fuel Cells Title III: DOE Scientific and Technical Program Quality Hydrogen Future Act of 1996 - Title I: Hydrogen - Amends the Spark M. Matsunaga Hydrogen Research, Development, and Demonstration Act of 1990 to replace its mandate for a comprehensive five-year program management plan for hydrogen research with a mandate that the Secretary of Energy conduct a research and development program relating to hydrogen production, storage, transportation, and use, with the goal of enabling the private sector to demonstrate the technical feasibility of using hydrogen for industrial, residential, transportation, and utility applications. Requires a detailed progress report to the Congress, including recommendations of the Hydrogen Technical Advisory Panel. (Sec. 103) Amends the Energy Policy Act of 1992 to repeal the mandate for a renewable hydrogen energy program, effective October 1, 1998. (Sec. 104) Amends the Spark M. Matsunaga Hydrogen Research, Development, and Demonstration Act of 1990 to direct the Secretary to require a commitment from non-Federal sources of at least 50 percent of demonstration costs. (Sec. 105) Directs the Secretary to foster the exchange of generic, nonproprietary information and technology, developed pursuant to the Act, among industry, academia, and the Federal Government to help the United States economy attain the economic benefits of the relevant information and technology. (Sec. 106) Authorizes appropriations for FY 1996 through 2001. Title II: Fuel Cells - Instructs the Secretary to solicit proposals for projects to prove the feasibility of integrating fuel cells with: (1) photovoltaic systems for hydrogen production; or (2) systems for hydrogen production from solid waste via gasification or steam reforming. Mandates proposal evaluation on a competitive basis using peer review. Prescribes proposal review guidelines. (Sec. 202) Authorizes appropriations for FY 1997 and 1998, to remain available until September 30, 1999. Title III: DOE Scientific and Technical Program Quality - Authorizes the Secretary to appoint scientific, technical, and professional personnel on leave of absence from academic, industrial, or research institutions to work for DOE for a limited term, or on a temporary basis. Sets forth compensation guidelines.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Teleworking Advancement Act''. SEC. 2. CREDIT FOR TELEWORKING. (a) In General.--Subpart B of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to foreign tax credit, etc.) is amended by inserting after section 30A the following new section: ``SEC. 30B. TELEWORK CREDIT. ``(a) General Rule.--There shall be allowed as a credit against the tax imposed by this chapter for any taxable year an amount equal to the sum of-- ``(1) the employer telework tax credit, plus ``(2) the telework equipment tax credit. ``(b) Employer Telework Tax Credit; Telework Equipment Tax Credit.--For purposes of this section-- ``(1) Employer telework tax credit.--Except as provided for in subsection (c)(1), the employer telework tax credit for any taxable year is equal to $500 for each employee who participates in an employer sponsored telework arrangement during the taxable year. ``(2) Telework equipment tax credit.--Except as provided for in subsection (c)(2), the telework equipment tax credit for any taxable year is equal to 10 percent of qualified telework expenses paid or incurred during the taxable year by either the employer on behalf of the employee, or directly by the employee, pursuant to an employer sponsored telework arrangement. ``(c) Special Rule for Disabled Employees and Employees of Small Businesses.--For purposes of this section: ``(1) For each employee who is covered under the Americans with Disabilities Act of 1990 (42 U.S.C. 1201), or for each employee of a small business, the employer telework tax credit for any taxable year is equal to $1,000 for each employee who participates in an employer sponsored telework arrangement during the taxable year. ``(2) For each employee who is covered under the Americans with Disabilities Act of 1990 (42 U.S.C. 1201), or for each employee of a small business, the telework equipment tax credit for any taxable year is equal to 20 percent of qualified telework expenses paid or incurred during the taxable year by either the employer on behalf of the employee, or directly by the employee, pursuant to an employer sponsored telework arrangement. ``(d) Credit Adjustments and Limitations.-- ``(1) Credit adjustments.--In computing the credit allowed under subsection (b)(1) or (c)(1) for any taxable year, the following adjustments shall apply: ``(A) In the case of an employee who participates in an employer sponsored telework arrangement for less than the full taxable year, the credit amount identified in subsection (b)(1) or (c)(1), whichever is applicable, shall be multiplied by a fraction, the numerator of which is the total number of months in the taxable year that the employee participates in an employer sponsored telework arrangement and the denominator of which is 12. For purposes of the preceding sentence, an employee is considered to be participating in an employer sponsored telework arrangement for a month if the employee teleworks for at least one full day of such month. ``(B) In the case of an employee who participates in an employer sponsored telework arrangement but does not telework every day of the taxable year that the employee is required by his or her employer to work, the credit amount identified in subsection (b)(1) or (c)(1), whichever is applicable, shall be multiplied by a fraction, the numerator of which is the total number of full days in the taxable year that the employee teleworks and the denominator of which is the total number of days in the taxable year that the employee is required by his or her employer to work. ``(2) Telework equipment credit limitations.-- ``(A) In computing the credit allowed under subsection (b)(2) for any taxable year, the following limitations shall apply: ``(i) The maximum credit claimed by any employer with respect to qualified telework expenses paid or incurred on behalf of an employee shall not exceed $500 for each employee who participates in an employer sponsored telework arrangement. ``(ii) The maximum credit claimed by any employee with respect to qualified telework expenses paid or incurred directly by the employee pursuant to an employer sponsored telework arrangement shall not exceed $500. ``(B) In computing the credit allowed under subsection (c)(2) for any taxable year with respect to employees who are covered under the Americans with Disabilities Act of 1990 (42 U.S.C. 1201), or for each employee of a small business, the following limitations shall apply: ``(i) The maximum credit claimed by any employer with respect to qualified telework expenses paid or incurred on behalf of an employee shall not exceed $1,000 for each employee who participates in an employer sponsored telework arrangement. ``(ii) The maximum credit claimed by any employee with respect to qualified telework expenses paid or incurred directly by the employee pursuant to an employer sponsored telework arrangement shall not exceed $1,000. ``(e) Definitions.--For purposes of this section-- ``(1) Employer sponsored telework arrangement.--The term `employer sponsored telework arrangement' means an arrangement established by an employer that enables employees of the employer to telework for a minimum of 25 full days per taxable year. Such an arrangement shall be supported by a written agreement between the employer and each teleworking employee that describes the terms of the employer sponsored telework arrangement. ``(2) Qualified telework expenses.-- ``(A) In general.--The term `qualified telework expenses' shall include expenses paid or incurred for computers, computer-related hardware and software, modems, data processing equipment, telecommunications equipment, and access to Internet or broadband technologies, including applicable taxes and other expenses for the delivery, installation, or maintenance of such equipment. ``(B) Only certain expenses taken into account.-- Expenses shall be taken into account under subparagraph (A) only to the extent they are authorized by the employer pursuant to an employer sponsored telework arrangement and are necessary to enable the employee to telework. ``(3) Small business.--The term `small business' means a business with an average of 100 or fewer employees during the taxable year. ``(4) Telework.--An employee shall be treated as engaged in telework if-- ``(A) the employee's normal and regular work functions are performed at a fixed location provided by the employer, ``(B)(i) the employee, under an employer sponsored telework arrangement, performs such functions at the employee's residence or at a location specifically designed to allow employees to perform such functions closer to their residence, and ``(ii) the performance of such functions at such residence or location eliminates or substantially reduces the physical commute of the employee to the fixed location described in subparagraph (A), and ``(C) the employee transmits by electronic or other communications medium the employee's work product from such residence or location to the fixed location where such functions would otherwise have been performed. ``(f) Special Rules.-- ``(1) Limitation based on amount of tax.-- ``(A) Liability for tax.--The credit allowable under subsection (a) for any taxable year shall not exceed the excess (if any) of-- ``(i) the regular tax for the taxable year, reduced by the sum of the credits allowable under subpart A and the preceding sections of this subpart, over ``(ii) the tentative minimum tax for the taxable year. ``(B) Carryforward of unused credit.--If the amount of the credit allowable under subsection (a) for any taxable year exceeds the limitation under paragraph (1)(A) for the taxable year, the excess shall be carried to the succeeding taxable year and added to the amount allowable as a credit under subsection (a) for such succeeding taxable year. ``(2) Basis reduction.--The basis of any property for which a credit is allowable under subsection (a) shall be reduced by the amount of such credit (determined without regard to paragraph (1)). ``(3) Recapture.--The Secretary shall, by regulations, provide for recapturing the benefit of any credit allowable under subsection (a) with respect to any property which ceases to be property eligible for such credit. ``(4) Property used outside united states, etc., not qualified.--No credit shall be allowed under subsection (a) with respect to any property referred to in section 50(b) or with respect to the portion of the cost of any property taken into account under section 179. ``(5) Election not to take credits.--No credits shall be allowed under subsection (a) for any expense if the taxpayer elects to not have this section apply with respect to such expense. ``(6) Denial of double benefit.--No deduction or credit (other than under this section) shall be allowed under this chapter with respect to any expense which is taken into account in determining the credit under this section. ``(7) Documentation.--Employers and employees are responsible for maintaining adequate documentation to support any credits claimed under this section.'' (b) Conforming Amendment.--Subsection (a) of section 1016 of the Internal Revenue Code of 1986 (relating to general rule for adjustments to basis) is amended by striking ``and'' at the end of paragraph (27), by striking the period at the end of paragraph (28) and inserting ``, and'', and by adding at the end the following: ``(29) in the case of property with respect to which a credit was allowed under section 30B, to the extent provided in section 30B(f)(2).'' (c) Clerical Amendment.--The table of sections for subpart B of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 30A the following new item: ``Sec. 30B. Telework credit.'' (d) Regulatory Matters.-- (1) Prohibition.--No Federal or State agency or instrumentality shall adopt regulations or ratemaking procedures that would have the effect of confiscating any credit or portion thereof allowed under sections 30B of the Internal Revenue Code of 1986 (as added by this Act) or otherwise subverting the purpose of this Act. (2) Treasury regulatory authority.--It is the intent of Congress in providing the telework tax credit under section 30B of the Internal Revenue Code of 1986 (as added by this Act) to promote broad participation in employer sponsored telework arrangements by providing incentives to both employers and employees. Accordingly, the Secretary of the Treasury shall prescribe such regulations as may be necessary or appropriate to carry out the purposes of section 30B of such Code, including regulations describing the information, records, and data that employers and employees are required to provide the Secretary to substantiate compliance with the requirements of this section and section 30B of such Code. Until the Secretary prescribes such regulations, employers and employees may base such determinations on any reasonable method that is consistent with the purposes of section 30B of such Code. (e) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2001. SEC. 3. SMALL BUSINESS TELECOMMUTING PILOT PROGRAM. (a) In General.--In accordance with this section, the Administrator shall conduct, in not more than 5 of the Small Business Administration's regions, a pilot program to raise awareness about telecommuting among small business employers and to encourage such employers to offer telecommuting options to employees. (b) Special Outreach to Individuals With Disabilities.--In carrying out subsection (a), the Administrator shall make special efforts to do outreach to-- (1) businesses owned by or employing individuals with disabilities, and disabled American veterans in particular; (2) Federal, State, and local agencies having knowledge and expertise in assisting individuals with disabilities or disabled American veterans; and (3) any group or organization, the primary purpose of which is to aid individuals with disabilities or disabled American veterans. (c) Permissible Activities.--In carrying out the pilot program, the Administrator may only-- (1) produce educational materials and conduct presentations designed to raise awareness in the small business community of the benefits and the ease of telecommuting; (2) conduct outreach-- (A) to small business concerns that are considering offering telecommuting options; and (B) as provided in subsection (b); and (3) acquire telecommuting technologies and equipment to be used for demonstration purposes. (d) Selection of Regions.--In determining which regions will participate in the pilot program, the Administrator shall give priority consideration to regions in which Federal agencies and private-sector employers have demonstrated a strong regional commitment to telecommuting. (e) Report to Congress.--Not later than 2 years after the first date on which funds are appropriated to carry out this section, the Administrator shall transmit to the Committee on Small Business of the House of Representatives and the Committee on Small Business of the Senate a report containing the results of an evaluation of the pilot program and any recommendations as to whether the pilot program, with or without modification, should be extended to include the participation of all Small Business Administration regions. (f) Definitions.--In this section-- (1) the term ``Administrator'' means the Administrator of the Small Business Administration; (2) the term ``disability'' has the same meaning as in section 3 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102); (3) the term ``pilot program'' means the program established under this section; and (4) the term ``telecommuting'' means the use of telecommunications to perform work functions under circumstances which reduce or eliminate the need to commute. (g) Termination.--The pilot program shall terminate 2 years after the first date on which funds are appropriated to carry out this section. (h) Authorization of Appropriations.--There is authorized to be appropriated to the Small Business Administration $5,000,000 to carry out this section.

Teleworking Advancement Act - Amends the Internal Revenue Code to allow a tax credit to employers of up to $500 annually for each employee participating in an employer-sponsored telework arrangement. Allows a tax credit for telework equipment expenses, as specified.Directs the Administrator of the Small Business Administration to conduct a pilot program promoting telecommuting among small business employers, with special outreach to individuals with disabilities.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Significant Regulation Oversight Act of 2001''. SEC. 2. FINDING AND PURPOSE. (a) Finding.--The Congress finds that oversight of significant rules will be enhanced if they are subject to congressional review and approval after being proposed by an agency. (b) Purpose.--The purpose of this Act is to ensure that before a significant rule takes effect-- (1) Congress is given an adequate opportunity to review the rule and ensure that it is in accordance with the intent of Congress in enacting the law under which the rule is proposed; and (2) Congress approves the rule in accordance with the procedures established by this Act. SEC. 3. REVIEW OF SIGNIFICANT RULES BY CONGRESS. (a) Congressional Approval of Significant Rules Required.--A significant rule shall not take effect before the date of the enactment of a joint resolution described in section 4(a) comprised solely of the text of the significant rule. (b) Reporting and Review of Significant Rules.--(1) Before a proposed significant rule would take effect as a final rule, the agency proposing the rule shall submit to each House of Congress a report containing the following: (A) A copy of the proposed significant rule. (B) A concise summary of the proposed significant rule, its purpose, and anticipated effects. (C) A complete copy of any cost-benefit analysis report that has been prepared by the agency with respect to the proposed significant rule. (D) An explanation of the specific statutory interpretation under which a rule is proposed, including an explanation of-- (i) whether the interpretation is expressly required by the text of the statute; or (ii) if the interpretation is not expressly required by the text of the statute, an explanation that the interpretation is within the range of permissible interpretations of the statute as identified by the agency, and an explanation why the interpretation selected by the agency is the agency's preferred interpretation. (E) Any other relevant information or requirements under any other Act and any relevant Executive order. (2) Upon receipt of a report under paragraph (1), each House of Congress shall provide a copy of the report to the Chairman and ranking minority party member of each committee with jurisdiction over the subject matter of the report. (c) No Inference To Be Drawn Where Congress Fails To Approve.--If Congress fails to enact a joint resolution approving a proposed significant rule, no court or agency may infer any intent of Congress from any action or inaction of Congress with regard to such rule or any related statute. SEC. 4. CONGRESSIONAL APPROVAL PROCEDURE FOR SIGNIFICANT RULES. (a) Introduction.--The majority leader of each House of the Congress shall introduce (by request) a joint resolution comprised solely of the text of a proposed significant rule not later than 3 session days in the Senate or 3 legislative days in the House of Representatives after the date on which an agency submits a report under section 3(b) containing the text of the proposed significant rule. If the joint resolution is not introduced in either House as provided in the preceding sentence, then any Member of that House may introduce the joint resolution. (b) Referral and Consideration.--(1) The joint resolution shall be referred to the appropriate committee of the House in which it is introduced. The committee may report the joint resolution without substantive revision and with or without recommendation or with an adverse recommendation, or the committee may vote not to report the joint resolution. If the committee votes to order the joint resolution reported, it shall be reported not later than the end of the period (not to exceed 45 session days in the Senate or 45 legislative days in the House of Representatives) established for consideration of the joint resolution by the Speaker of the House of Representatives or the majority leader of the Senate, as the case may be. Except in the case of a joint resolution which a committee votes not to report, a committee failing to report a joint resolution within such period shall be automatically discharged from consideration of the joint resolution, and it shall be placed on the appropriate calendar. (2) A vote on final passage of the joint resolution shall be taken in that House on or before the close of the 90th session day in the Senate or 90th legislative day in the House of Representatives after the date of the introduction of the joint resolution in that House. (3)(A) A motion in the House of Representatives to proceed to the consideration of a joint resolution under this section shall be highly privileged and not debatable. An amendment to the motion shall not be in order, nor shall it be in order to move to reconsider the vote by which the motion is agreed to or disagreed to. (B) Debate in the House of Representatives on a joint resolution under this section shall be limited to not more than 4 hours, which shall be divided equally between those favoring and those opposing the joint resolution. A motion further to limit debate shall not be debatable. It shall not be in order to move to recommit a joint resolution under this section or to move to reconsider the vote by which the joint resolution is agreed to or disagreed to. (C) All appeals from the decisions of the chair relating to the application of the Rules of the House of Representatives to the procedure relating to a joint resolution under this section shall be decided without debate. (D) Except to the extent specifically provided in the preceding provisions of this subsection, consideration of a joint resolution under this section shall be governed by the Rules of the House of Representatives applicable to other joint resolutions in similar circumstances. (4)(A) A motion in the Senate to proceed to the consideration of a joint resolution under this section shall be privileged and not debatable. An amendment to the motion shall not be in order, nor shall it be in order to move to reconsider the vote by which the motion is agreed to or disagreed to. (B) Debate in the Senate on a joint resolution under this section, and all debatable motions and appeals in connection therewith, shall be limited to not more than 10 hours. The time shall be equally divided between, and controlled by, the majority leader and the minority leader or their designees. (C) Debate in the Senate on any debatable motion or appeal in connection with a joint resolution under this section shall be limited to not more than 1 hour, to be equally divided between, and controlled by, the mover and the manager of the joint resolution, except that in the event the manager of the joint resolution is in favor of any such motion or appeal, the time in opposition thereto, shall be controlled by the minority leader or his designee. Such leaders, or either of them, may, from time under their control on the passage of a joint resolution, allot additional time to any Senator during the consideration of any debatable motion or appeal. (D) A motion in the Senate to further limit debate on a joint resolution under this section is not debatable. A motion to recommit a joint resolution under this section is not in order. (c) Amendments Prohibited.--No amendment to a joint resolution considered under this section shall be in order in either the House of Representatives or the Senate. No motion to suspend the application of this subsection shall be in order in either House, nor shall it be in order in either House for the presiding officer to entertain a request to suspend the application of this subsection by unanimous consent. (d) Treatment if the Other House Has Acted.--If, before the passage by one House of a joint resolution of that House described in subsection (a), that House receives from the other House a joint resolution described in subsection (a) comprised of the same text, then-- (1) the procedure in that House shall be the same as if no joint resolution had been received from the other House, and (2) the vote on final passage shall be on the joint resolution of the other House. (e) Constitutional Authority.--This section is enacted by Congress-- (1) as an exercise of the rulemaking power of the Senate and the House of Representatives, respectively, and as such it is deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of a joint resolution described in subsection (a), and it supersedes other rules only to the extent that it is inconsistent with such rules; and (2) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House. SEC. 5. EXISTING RULES. (a) In General.--Any existing rule may be revised or revoked in accordance with this section if a petition for review so requests. (b) Introduction.--If a petition for review is filed with the Clerk of the House of Representatives or the Secretary of the Senate, the Clerk or the Secretary shall determine whether the petition meets the requirements of subsection (d). If the Clerk or the Secretary determines that a petition meets those requirements, he or she shall notify the majority leader of that House. The majority leader so notified shall, within 3 session days in the Senate or 3 legislative days in the House of Representatives, introduce a joint resolution (by request) that makes the revision or revocation of existing rules proposed by the petition upon the enactment of that joint resolution. If the joint resolution is not introduced as provided in the preceding sentence, then any Member of that House may introduce the joint resolution. (c) Procedures for Consideration in the House of Representatives and the Senate.--Any joint resolution introduced under subsection (b) shall be considered in the House of Representatives and the Senate in accordance with the procedures respecting a joint resolution set forth in section 4. (d) Petitions for Review.--A petition for review under subsection (a) shall contain the following: (1) Any rule affected by the petition and the contents of that rule as it would exist if a joint resolution revising or revoking that rule pursuant to the petition were enacted. (2) For a petition in the Senate, the signatures of 30 Senators, or for a petition in the House of Representatives, the signatures of 120 Members. SEC. 6. DEFINITIONS. For purposes of this Act: (1) Agency.--The term ``agency'' has the meaning given that term in section 551 of title 5, United States Code (relating to administrative procedure). (2) Session day and legislative day.--The terms ``session day'' and ``legislative day'' do not include, with respect to a House of the Congress, any day throughout which that House is not in session. (3) Rule.--(A) The term ``rule'' has the meaning given such term by section 551 of title 5, United States Code, except that such term does not include-- (i) any rule of particular applicability including a rule that approves or prescribes-- (I) future rates, wages, prices, services, or allowances therefor, (II) corporate or financial structures, reorganizations, mergers, or acquisitions thereof, or (III) accounting practices or disclosures bearing on any of the foregoing, or (ii) any rule of agency organization, personnel, procedure, practice, or any routine matter. (B) The term ``final rule'' means any final rule or interim final rule. (4) Significant rule.--The term ``significant rule'' means any rule proposed by an agency that is specified or described as such in the Act that authorizes the rule. SEC. 7. EXEMPTION FOR MONETARY POLICY. Nothing in this Act applies to any rule concerning monetary policy proposed or implemented by the Board of Governors of the Federal Reserve System or the Federal Open Market Committee.

Significant Regulation Oversight Act of 2001 - Prohibits a significant rule from taking effect before the enactment of a joint resolution described in this Act comprising solely of the text of such rule. Calls for congressional reporting and review of significant rules before they take effect as final rules.Provides that, if Congress fails to enact a joint resolution approving the proposed rule, no court or agency may infer any intent of Congress from any action or inaction with regard to such rule or any related statute.Sets forth: (1) the congressional approval procedure for significant rules; and (2) provisions with respect to revising or revoking an existing rule.Exempts from this Act rules concerning monetary policy proposed or implemented by the Board of Governors of the Federal Reserve System or the Federal Open Market Committee.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Harriet `Moses' Tubman Congressional Gold Medal Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) An integral part of the fight for abolition of slavery, Harriet Tubman, was born into slavery as Araminta ``Minty'' Harriet Ross in Dorchester County, Maryland, to Harriet ``Rit'' Green and Ben Ross. (2) Neither an exact year nor exact location of her birth is known as is the case with many slaves in the United States, but historians estimate her birth year to be around 1820. (3) Araminta's hardships began early with the fracturing of her family as three of her eight siblings were sold to distant plantations in addition to enduring physical violence that caused permanent injuries from: scars, seizures, headaches, and narcoleptic episodes with intense dream states. (4) Many historians believe that the story of Araminta's mother, Rit, hiding her younger brother ``Moses'' with the aid of other slaves and free blacks in the community from a Georgia slave trader to be the pivotal example of resistance that would drive her actions in the future. (5) Furthermore, the meaning of freedom was ambiguous and unsecure as Araminta's father, Ben, through an act of manumission in a former owner's will was technically freed at the age of 45. (6) Despite Ben's freedom and the manumission stipulations that applied to his wife and their children, Ben held little clout to challenge the owners that chose not to free his family and had no choice but to continue working for his former owners. (7) Around 1844, Araminta married a freedman named John Tubman, took her mother's first name Harriet, and began planning her escape from slavery. (8) In the cover of night guided by the North Star, Harriet escaped by traveling nearly 90 miles to Pennsylvania in 1849 by means of the Underground Railroad, a well-organized network guided by White abolitionists, freed, and enslaved Blacks. (9) The following year, the U.S. Congress passed the Fugitive Slave Law of 1850 that called for both ``slave'' and ``free'' States' law enforcement to report runaway slaves for capture. (10) Nevertheless, Harriet did not yield to the growing danger and risked her own newly acquired freedom to return to free her family and other slaves while redirecting the Underground Railroad to Canada, which prohibited slavery. (11) Harriet's leadership and courage earned her the nickname of ``Moses'' as she facilitated the freedom of many slaves and would also encounter other historical figures such as abolitionist John Brown and likely Frederick Douglass. (12) During the Civil War, Harriet would have many roles working for the Union Army which included using her experience to act as an armed scout and spy. (13) Harriet was the first woman in the Civil War to lead an armed expedition, which liberated more than 700 slaves during the Combahee River Raid in South Carolina earning her the moniker ``General Tubman''. (14) In 1859, Republican abolitionist U.S. Senator William H. Seward sold Harriet a piece of land on the outskirts of Auburn, New York. (15) Harriet's home in Auburn would remain her haven for family and friends following the war with a portion of the property donated to the African Methodist Episcopal Church where the Harriet Tubman Home for the Aged opened in 1908. (16) Harriet's efforts for equality did not cease as she became an advocate to the cause of women's suffrage. (17) In 1913, Harriet's death was commemorated with military honors at Fort Hill Cemetery in Auburn, New York. (18) In 2014, President Barack Obama signed into law the National Defense Authorization Act for 2015, which included a provision establishing a Harriet Tubman National Historical Park. (19) It is befitting that Congress bestow the highest civilian honor, the Congressional Gold Medal, to Harriet ``Moses'' Tubman, posthumously in honor of her work on behalf of civil rights, her selflessness, resilience to adversity, and actions during the Civil War that would save the lives of hundreds. SEC. 3. CONGRESSIONAL GOLD MEDAL. (a) Presentation Authorized.--The Speaker of the House of Representatives and the President pro tempore of the Senate shall make appropriate arrangements for the posthumous presentation, on behalf of the Congress, of a gold medal of appropriate design in commemoration of Harriet Tubman, in recognition of her contributions and lifelong commitment in the fight for freedom of enslaved men, women, and children in the United States. (b) Design and Striking.--For purposes of the presentation referred to in subsection (a), the Secretary of the Treasury (referred to in this Act as the ``Secretary'') shall strike a gold medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary. (c) Award of Medal.--Following the award of the gold medal in commemoration of Harriet Tubman under subsection (a), the medal shall be given to the Harriet Tubman National Historical Park in Auburn, New York, her final resting place, where it shall be available for display or temporary loan to be displayed elsewhere, as appropriate. SEC. 4. DUPLICATE MEDALS. The Secretary may strike and sell duplicates in bronze of the gold medal struck pursuant to section 3 under such regulations as the Secretary may prescribe, at a price sufficient to cover the cost thereof, including labor, materials, dies, use of machinery, and overhead expenses, and the cost of the gold medal. SEC. 5. STATUS OF MEDALS. (a) National Medals.--The medals struck pursuant to this Act are national medals for purposes of chapter 51 of title 31, United States Code. (b) Numismatic Items.--For purposes of section 5134 of title 31, United States Code, all medals struck under this Act shall be considered to be numismatic items.

Harriet "Moses" Tubman Congressional Gold Medal Act Authorizes the Speaker of the House of Representatives and the President pro tempore of the Senate to arrange for the posthumous presentation of a Congressional Gold Medal in commemoration of Harriet Tubman in recognition of her contributions and lifelong commitment in the fight for freedom of enslaved men, women, and children in the United States. Requires the medal, following its award, to be given to the Harriet Tubman National Historical Park in Auburn, New York, for display there or for temporary display elsewhere.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Expanding DHS Overseas Passenger Security Screening and Vetting Operations Act''. SEC. 2. COMPREHENSIVE STRATEGY AND IMPLEMENTATION PLAN FOR DHS OPERATIONS ABROAD. (a) Strategy.-- (1) In general.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a comprehensive five-year strategy for existing and future international programs. (2) Contents.--The strategy required under paragraph (1) shall include, at a minimum, the following: (A) Specific Department of Homeland Security strategic risk-based priorities for implementing international programs. (B) A risk-based method for determining whether to establish new international programs or expand existing international programs to new locations, given resource constraints. (C) A mechanism to ensure alignment of resource allocations on international programs with the highest Department-wide and Government-wide strategic priorities. (D) A common reporting framework for the submission of reliable, comparable cost data by components of the Department on overseas expenditures attributable to international programs. (3) Considerations.--In developing the strategy required under paragraph (1), the Secretary of Homeland Security shall consider, at a minimum, the following: (A) Existing operations of international programs, together with specific information on the locations in which each such program operates. (B) The number of Department personnel deployed to each location at which an international program referred to in subparagraph (A) is in operation during the current and preceding fiscal year. (C) Analysis of the impacts of each international program on domestic operations of U.S. Customs and Border Protection or U.S. Immigration and Customs Enforcement, as the case may be, including staffing levels and the availability of resources. (D) Analysis of opportunities and barriers to a regional approach and coordination with partner governments on international law enforcement efforts abroad in line with Department-wide and United States Government-wide priorities. (E) Analysis of barriers to international program expansion. (F) Relevant Department strategy documents, including the Quadrennial Homeland Security Review and component strategies. (b) Implementation Plans.-- (1) In general.--The Secretary of Homeland Security shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate, on an annual basis, an implementation plan based on the strategy required under subsection (a) for the following fiscal year. Each such plan shall be submitted with the President's budget request for the next fiscal year through fiscal year 2022, except that the first such plan may be submitted together with the President's budget request for the next fiscal year or 180 days after submission of the strategy, whichever is later. (2) Contents.--Each implementation plan required under paragraph (1) shall include, at a minimum, the following: (A) Information, specified on a location-by- location basis, on each international program, including an explanation of program goals and requirements. (B) Information on planned deployments of Department personnel for each international program referred to in subparagraph (A), specified on a location-by-location basis, together with an accounting of resource and personnel allocation required per program per location. (C) A plan to ensure Department personnel deployed at locations outside the United States have appropriate oversight and support to ensure performance in support of program and departmental goals. (D) Mechanisms for cross-component operations, coordination, and communication abroad. (3) Format.--The implementation plan required under paragraph (1) shall be submitted in unclassified form but may contain a classified annex if the Secretary of Homeland Security determines that such is appropriate. SEC. 3. U.S. CUSTOMS AND BORDER PROTECTION STAFFING EXPANSION. (a) In General.--The Commissioner of U.S. Customs and Border Protection shall-- (1) by not later than September 30, 2017, increase by 1,000 the number of U.S. Customs and Border Protection officers and 300 the number of U.S. Customs and Border Protection Agriculture Specialists over the number of such officers and Specialists, respectively, for fiscal year 2016; and (2) by not later than September 30, 2018, increase by 1,000 the number of U.S. Customs and Border Protection officers and 300 the number of U.S. Customs and Border Protection Agriculture Specialists over the number of such officers and Specialists, respectively, for fiscal year 2017. (b) Periodic Reporting.--The Secretary of Homeland Security, acting through the Commissioner of U.S. Customs and Border Protection, shall provide to the Committee on Homeland Security of the House of Representatives or the Committee on Homeland Security and Governmental Affairs of the Senate, upon request by either of such committees, information on the status of efforts to implement the requirements of subsection (a), including information on any impediments to such implementation. SEC. 4. VISA SECURITY PROGRAM EXPANSION. (a) Deployment Plan.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a plan for expanding, by not later than five years after the date of the enactment of this Act, the Visa Security Program in a risk- based manner to not fewer than 50 United States diplomatic and consular posts that issue visas. Such a plan shall include a prioritized list of such visa issuing posts based on the following: (1) Risk and volume. (2) The number of personnel necessary to operate each such post. (3) The expected costs of establishing and operating each such post. (4) Any potential security concerns regarding each such post. (b) Periodic Reporting.--The Secretary of Homeland Security shall provide to the Committee on Homeland Security of the House of Representatives or the Committee on Homeland Security and Governmental Affairs of the Senate, upon request by either of such committees, information on the status of efforts to implement the requirements of subsection (a), including information on any impediments to such implementation. SEC. 5. PRE-ADJUDICATED THREAT RECOGNITION AND INTELLIGENCE OPERATIONS TEAM (PATRIOT) PROGRAM EXPANSION. (a) Deployment Plan.--Not later than 60 days after the date of the enactment of this Act, the Secretary of Homeland Security shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a plan for deploying the Department of Homeland Security's Pre- Adjudicated Threat Recognition and Intelligence Operations Team (PATRIOT) program to not fewer than 50 United States diplomatic and consular posts that issue visas, based on risk and volume, the minimum number of personnel necessary to operate each such post, the estimated costs of establishing and operating each such post, any potential security concerns for each such post, and anticipated timelines for deployment. Such plan shall include, at a minimum, the locations of visa issuing posts to be covered, an accounting of the technology, infrastructure, and personnel necessary to carry out deployment and operation of the PATRIOT program at such posts, and the estimated costs to deploy and operate such program. (b) Implementation.--The Secretary of Homeland Security shall implement the plan required under subsection (a) to ensure the PATRIOT program referred to in such subsection is being utilized to vet all visa applications, to the maximum extent practicable, at each United States diplomatic and consular post that issues visas to which such program has been expanded. (c) Periodic Reporting.--The Secretary of Homeland Security shall provide to the Committee on Homeland Security of the House of Representatives or the Committee on Homeland Security and Governmental Affairs of the Senate, upon request by either of such committees, information on the status of efforts to implement the requirements of this section, including information on any impediments to such implementation. SEC. 6. IMMIGRATION COOPERATION PROGRAM AUTHORIZATION. (a) In General.--Subtitle B of title IV of the Homeland Security Act of 2002 is amended by inserting after section 415 the following new section: ``SEC. 416. IMMIGRATION COOPERATION PROGRAM. ``There is established within U.S. Customs and Border Protection a program to be known as the `Immigration Cooperation Program'. Under such Program, U.S. Customs and Border Protection Officers, pursuant to an arrangement with a foreign country, may cooperate with foreign authorities, air carriers, and security employees at foreign airports to identify persons who may be inadmissible to the United States or otherwise pose a risk to the security of the United States.''. (b) Clerical Amendment.--The table of contents in section 1(b) of the Homeland Security Act of 2002 is amended by inserting after the item relating to section 415 the following new item: ``Sec. 416. Immigration Cooperation Program.''. SEC. 7. INTERNATIONAL TRUSTED TRAVELER PROGRAMS MODERNIZATION. Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a plan for expanding participation in trusted traveler programs administered by U.S. Customs and Border Protection. Such plan shall include the following: (1) A strategy for increasing outreach to and awareness among the members of the traveling public regarding trusted traveler programs, requirements, and benefits. (2) An analysis of any barriers to expansion of trusted traveler programs. (3) An assessment of possible impacts on U.S. Customs and Border Protection staffing and resource requirements as a result of increased participation in trusted traveler programs. (4) An assessment of measures utilized to address potential risks or vulnerabilities of trusted traveler programs, including resulting from increased enrollment. (5) An analysis of the facilitation and security benefits from increased participation in trusted traveler programs. SEC. 8. SECURITY VETTING FOR NONIMMIGRANT VISAS EVALUATION. Not later than 180 days after the date of the enactment of this Act, the Comptroller General of the United States shall conduct a review and submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report on the adequacy and appropriateness of the security screening process for each United States nonimmigrant visa category. Such review shall include the processes for determining visa eligibility, including security screening and background checks, and coordination among relevant agencies. SEC. 9. DEFINITION. In this Act, the term ``international program'' means an international program or operation of U.S. Customs and Border Protection or U.S. Immigration and Customs Enforcement targeted at vetting and screening persons seeking to enter the United States in which Department of Homeland Security personnel and resources are deployed abroad. SEC. 10. AUTHORIZATION OF FUNDING. There is authorized to be appropriated $250,000,000 for each of fiscal years 2017 and 2018 to carry out this Act and the amendment made by this Act.

Expanding DHS Overseas Passenger Security Screening and Vetting Operations Act This bill requires the Department of Homeland Security (DHS) to report to Congress: a comprehensive five-year strategy for international programs or operations of U.S. Customs and Border Protection (CBP) or U.S. Immigration and Customs Enforcement that are targeted at vetting and screening persons seeking to enter the United States and in which DHS personnel and resources are deployed abroad; annually with the President's budget request for each fiscal year through FY2022, an implementation plan based on such strategy; a plan for expanding, within five years, the Visa Security Program in a risk-based manner, and a plan for deploying the Pre-Adjudicated Threat Recognition and Intelligence Operations Team program, to at least 50 U.S. diplomatic and consular posts that issue visas; and a plan for expanding participation in trusted traveler programs. CBP shall increase the numbers of CBP officers and Agriculture Specialists for each of FY2017-FY2018. The bill amends the Homeland Security Act of 2002 to establish within CBP the Immigration Cooperation Program, under which CBP may cooperate with foreign authorities, air carriers, and security employees at foreign airports to identify persons who may be inadmissible to the United States or otherwise pose a risk to U.S. security. The Government Accountability Office shall review and report on the adequacy and appropriateness of the security screening process for each U.S. nonimmigrant visa category.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Grants for Renewable Energy Education for the Nation Act'' or the ``GREEN Act''. SEC. 2. CLEAN ENERGY CURRICULUM DEVELOPMENT GRANTS. (a) Authorization.--The Secretary of Education is authorized to award grants, on a competitive basis, to eligible partnerships to develop programs of study (containing the information described in section 122(c)(1)(A) of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2342)), that are focused on emerging careers and jobs in the fields of clean energy, renewable energy, energy efficiency, climate change mitigation, and climate change adaptation. The Secretary of Education shall consult with the Secretary of Labor and the Secretary of Energy prior to the issuance of a solicitation for grant applications. (b) Eligible Partnerships.--For purposes of this section, an eligible partnership shall include-- (1) at least 1 local educational agency eligible for funding under section 131 of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2351) or an area career and technical education school or education service agency described in such section; (2) at least 1 postsecondary institution eligible for funding under section 132 of such Act (20 U.S.C. 2352); and (3) representatives of the community including business, labor organizations, and industry that have experience in fields as described in subsection (a). (c) Application.--An eligible partnership seeking a grant under this section shall submit an application to the Secretary at such time and in such manner as the Secretary may require. Applications shall include-- (1) a description of the eligible partners and partnership, the roles and responsibilities of each partner, and a demonstration of each partner's capacity to support the program; (2) a description of the career area or areas within the fields as described in subsection (a) to be developed, the reason for the choice, and evidence of the labor market need to prepare students in that area; (3) a description of the new or existing program of study and both secondary and postsecondary components; (4) a description of the students to be served by the new program of study; (5) a description of how the program of study funded by the grant will be replicable and disseminated to schools outside of the partnership, including urban and rural areas; (6) a description of applied learning that will be incorporated into the program of study and how it will incorporate or reinforce academic learning; (7) a description of how the program of study will be delivered; (8) a description of how the program will provide accessibility to students, especially economically disadvantaged, low performing, and urban and rural students; (9) a description of how the program will address placement of students in nontraditional fields as described in section 3(20) of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2302(20)); and (10) a description of how the applicant proposes to consult or has consulted with a labor organization, labor management partnership, apprenticeship program, or joint apprenticeship and training program that provides education and training in the field of study for which the applicant proposes to develop a curriculum. (d) Priority.--The Secretary shall give priority to applications that-- (1) use online learning or other innovative means to deliver the program of study to students, educators, and instructors outside of the partnership; and (2) focus on low performing students and special populations as defined in section 3(29) of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2302(29)). (e) Peer Review.--The Secretary shall convene a peer review process to review applications for grants under this section and to make recommendations regarding the selection of grantees. Members of the peer review committee shall include-- (1) educators who have experience implementing curricula with comparable purposes; and (2) business and industry experts in fields as described in subsection (a). (f) Uses of Funds.--Grants awarded under this section shall be used for the development, implementation, and dissemination of programs of study (as described in section 122(c)(1)(A) of the Carl D. Perkins Career and Technical Education Act (20 U.S.C. 2342(c)(1)(A))) in career areas related to clean energy, renewable energy, energy efficiency, climate change mitigation, and climate change adaptation. SEC. 3. RENEWABLE ENERGY FACILITIES GRANTS. (a) Authorization.--The Secretary of Education is authorized to award grants, on a competitive basis, to eligible entities to promote development of career and technical education facilities that are energy efficient and promote the use of renewable energy practices. (b) Eligible Entities.--For purposes of this section, eligible entities include-- (1) a local education agency eligible for funding under section 131 of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2351) or an area career and technical education school or education service agency described under that section; or (2) a postsecondary institution eligible for funding under section 132 of such Act (20 U.S.C. 2352). (c) Application.--An eligible entity seeking a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (d) Peer Review.--The Secretary shall convene a peer review process to review applications for grants under this section and to make recommendations regarding the selection of grantees. Members of the peer review committee shall include-- (1) career and technical education administrators who have experience with energy-efficient facilities and equipment; and (2) business and industry experts who build and work in renewable energy facilities. (e) Use of Funds.--Grants awarded under this section shall be used for-- (1) performing an evaluation of the sustainability aspects of current facilities, unless such an evaluation has been conducted prior to receiving a grant under this section; (2) convening stakeholders, including organizations devoted to the promotion and support of renewable energy activities, to develop a plan to address needs identified in such an evaluation, unless such a plan has already been developed prior to receiving a grant under this section; (3) initiating activities related to the construction, operation, and improvement of facilities that promote the use of renewable energy practices; (4) purchasing energy-efficient machinery, technology, or other physical equipment used as an educational tool to deliver career and technical education courses; (5) measuring the effectiveness of the new or improved facilities and infrastructure, such as complying with existing renewable energy standards; and (6) communicating the lessons and practices learned from the building upgrades to other institutions. SEC. 4. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to the Secretary of Education $100,000,000 to carry out the grant program established under this Act.

Grants for Renewable Energy Education for the Nation Act or GREEN Act - Authorizes the Secretary of Education to award competitive grants to partnerships of local educational agencies (LEAs), postsecondary institutions, and clean and renewable energy industry representatives to develop programs of study focused on emerging careers and jobs in the fields of clean and renewable energy. Requires a priority be given to grant applications that: (1) use online learning or other innovative methods to deliver a program of study to individuals outside the partnership, and (2) focus on low-performing students and special populations. Authorizes the Secretary to award competitive grants to LEAs and postsecondary institutions to promote development of career and technical educational facilities that are energy efficient and use renewable energy practices.

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SECTION 1. DRUG TESTING UPON ARREST. (a) In General.--Title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended-- (1) by redesignating part Y as part Z; (2) by redesignating section 2501 as section 2601; and (3) by inserting after part X the following: ``PART Y--GRANTS FOR DRUG TESTING UPON ARREST ``SEC. 2501. GRANT AUTHORIZATION. ``The Director of the Bureau of Justice Assistance is authorized to make grants under this part to States, for the use by States and units of local government in the States, for the purpose of developing, implementing, or continuing a drug testing project when individuals are arrested and during the pretrial period and after post conviction release. ``SEC. 2502. STATE APPLICATIONS. ``(a) General Requirements.--To request a grant under this part the chief executive of a State shall submit an application to the Director in such form and containing such information as the Director may reasonably require. ``(b) Mandatory Assurances.--To be eligible to receive funds under this part, a State must agree to develop or maintain programs of urinalysis or similar drug testing of individuals upon arrest and on a regular basis pending trial for the purpose of making pretrial detention decisions. ``(c) Central Office.--The office designated under section 507 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3757)-- ``(1) shall prepare the application as required under subsection (a); and ``(2) shall administer grant funds received under this part, including review of spending, processing, progress, financial reporting, technical assistance, grant adjustments, accounting, auditing, and fund disbursement. ``SEC. 2503. LOCAL APPLICATIONS. ``(a) In General.--(1) To request funds under this part from a State, the chief executive of a unit of local government shall submit an application to the office designated under section 2502(c). ``(2) Such application shall be considered approved, in whole or in part, by the State not later than 90 days after such application is first received unless the State informs the applicant in writing of specific reasons for disapproval. ``(3) The State shall not disapprove any application submitted to the State without first affording the applicant reasonable notice and an opportunity for reconsideration. ``(4) If such application is approved, the unit of local government is eligible to receive such funds. ``(b) Distribution to Units of Local Government.--A State that receives funds under section 2501 in a fiscal year shall make such funds available to units of local government with an application that has been submitted and approved by the State within 90 days after the Bureau has approved the application submitted by the State and has made funds available to the State. The Director shall have the authority to waive the 90-day requirement in this section upon a finding that the State is unable to satisfy such requirement under State statutes. ``SEC. 2504. ALLOCATION AND DISTRIBUTION OF FUNDS. ``(a) State Distribution.--Of the total amount appropriated under this part in any fiscal year-- ``(1) 1.0 percent shall be allocated to each of the participating States; and ``(2) of the total funds remaining after the allocation under paragraph (1), there shall be allocated to each of the participating States an amount which bears the same ratio to the amount of remaining funds described in this paragraph as the number of individuals arrested in such State bears to the number of individuals arrested in all the participating States. ``(b) Local Distribution.--(1) A State that receives funds under this part in a fiscal year shall distribute to units of local government in such State that portion of such funds which bears the same ratio to the aggregate amount of such funds as the amount of funds expended by all units of local government for criminal justice in the preceding fiscal year bears to the aggregate amount of funds expended by the State and all units of local government in such State for criminal justice in such preceding fiscal year. ``(2) Any funds not distributed to units of local government under paragraph (1) shall be available for expenditure by such State for purposes specified in such State's application. ``(3) If the Director determines, on the basis of information available during any fiscal year, that a portion of the funds allocated to a State for such fiscal year will not be used by such State or that a State is not eligible to receive funds under this part, the Director shall award such funds to units of local government in such State giving priority to the units of local government that the Director considers to have the greatest need. ``(c) Federal Share.--The Federal share of a grant made under this part may not exceed 75 percent of the total costs of the projects described in the application submitted under section 2502 for the fiscal year for which the projects receive assistance under this part. ``(d) Geographic Distribution.--The Director shall attempt, to the extent practicable, to achieve an equitable geographic distribution of grant awards. ``SEC. 2505. REPORT. ``A State or unit of local government that receives funds under this part shall submit to the Director a report in March of each fiscal year that funds are received under this part regarding the effectiveness of the drug testing project.''. (b) Conforming Amendment.--The table of contents of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended by striking the matter relating to part Y and inserting the following: ``Part Y--Drug Testing for Individuals Arrested ``Sec. 2501. Grant authorization. ``Sec. 2502. State applications. ``Sec. 2503. Local applications. ``Sec. 2504. Allocation and distribution of funds. ``Sec. 2505. Report. ``Part Z--Transition; Effective Date; Repealer ``Sec. 2601. Continuation of rules, authorities, and proceedings.''. SEC. 2. AUTHORIZATION OF APPROPRIATIONS. Section 1001(a) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3793), is amended by adding at the end the following: ``(22) There are authorized to be appropriated $100,000,000 for the fiscal years 199____, 199____, and 199____ to carry out the projects under part Y.''.

Amends the Omnibus Crime Control and Safe Streets Act of 1968 to authorize the Director of the Bureau of Justice Assistance to make grants for States and local governments to develop, implement, or continue a drug testing project when individuals are arrested and during the pretrial period and after post-conviction release. Sets forth State and local application requirements. Requires a State, to be eligible to receive funds, to develop or maintain programs of urinalysis or similar drug testing of individuals upon arrest and on a regular basis pending trial for the purpose of making pretrial detention decisions. Provides for the allocation and distribution of funds. Limits the Federal share to 75 percent of total project costs. Authorizes appropriations.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Partnership Grants to Strengthen Families Affected by Parental Substance Abuse Act''. SEC. 2. ENHANCEMENTS TO GRANTS TO IMPROVE WELL-BEING OF FAMILIES AFFECTED BY SUBSTANCE ABUSE. Section 437(f) of the Social Security Act (42 U.S.C. 629g(f)) is amended-- (1) in the subsection heading, by striking ``Increase the Well-being of, and to Improve the Permanency Outcomes for, Children Affected by'' and inserting ``Implement IV-E Prevention Services, and Improve the Well-being of, and Improve Permanency Outcomes for, Children and Families Affected by Heroin, Opioids, and Other''; (2) by striking paragraph (2) and inserting the following: ``(2) Regional partnership defined.--In this subsection, the term `regional partnership' means a collaborative agreement (which may be established on an interstate, State, or intrastate basis) entered into by the following: ``(A) Mandatory partners for all partnership grants.-- ``(i) The State child welfare agency that is responsible for the administration of the State plan under this part and part E. ``(ii) The State agency responsible for administering the substance abuse prevention and treatment block grant provided under subpart II of part B of title XIX of the Public Health Service Act. ``(B) Mandatory partners for partnership grants proposing to serve children in out-of-home placements.--If the partnership proposes to serve children in out-of-home placements, the Juvenile Court or Administrative Office of the Court that is most appropriate to oversee the administration of court programs in the region to address the population of families who come to the attention of the court due to child abuse or neglect. ``(C) Optional partners.--At the option of the partnership, any of the following: ``(i) An Indian tribe or tribal consortium. ``(ii) Nonprofit child welfare service providers. ``(iii) For-profit child welfare service providers. ``(iv) Community health service providers, including substance abuse treatment providers. ``(v) Community mental health providers. ``(vi) Local law enforcement agencies. ``(vii) School personnel. ``(viii) Tribal child welfare agencies (or a consortia of the agencies). ``(ix) Any other providers, agencies, personnel, officials, or entities that are related to the provision of child and family services under a State plan approved under this subpart. ``(D) Exception for regional partnerships where the lead applicant is an indian tribe or tribal consortia.--If an Indian tribe or tribal consortium enters into a regional partnership for purposes of this subsection, the Indian tribe or tribal consortium-- ``(i) may (but is not required to) include the State child welfare agency as a partner in the collaborative agreement; ``(ii) may not enter into a collaborative agreement only with tribal child welfare agencies (or a consortium of the agencies); and ``(iii) if the condition described in paragraph (2)(B) applies, may include tribal court organizations in lieu of other judicial partners.''; (3) in paragraph (3)-- (A) in subparagraph (A), by striking ``$500,000 and not more than $1,000,000'' and inserting ``$250,000 and not more than $1,000,000''; (B) in subparagraph (B)-- (i) in the subparagraph heading, by inserting ``; planning'' after ``approval''; (ii) in clause (i), by striking ``clause (ii)'' and inserting ``clauses (ii) and (iii)''; and (iii) by adding at the end the following: ``(iii) Sufficient planning.--A grant awarded under this subsection shall be disbursed in two phases: a planning phase (not to exceed 2 years) and an implementation phase. The total disbursement to a grantee for the planning phase may not exceed $250,000, and may not exceed the total anticipated funding for the implementation phase.''; and (C) by adding at the end the following: ``(D) Limitation on payment for a fiscal year.--No payment shall be made under subparagraph (A) or (C) for a fiscal year until the Secretary determines that the eligible partnership has made sufficient progress in meeting the goals of the grant and that the members of the eligible partnership are coordinating to a reasonable degree with the other members of the eligible partnership.''; (4) in paragraph (4)-- (A) in subparagraph (B)-- (i) in clause (i), by inserting ``, parents, and families'' after ``children''; (ii) in clause (ii), by striking ``safety and permanence for such children; and'' and inserting ``safe, permanent caregiving relationships for the children;''; (iii) in clause (iii), by striking ``or'' and inserting ``increase reunification rates for children who have been placed in out-of- home care, or decrease''; and (iv) by redesignating clause (iii) as clause (v) and inserting after clause (ii) the following: ``(iii) improve the substance abuse treatment outcomes for parents including retention in treatment and successful completion of treatment; ``(iv) facilitate the implementation, delivery, and effectiveness of prevention services and programs under section 471(e); and''; (B) in subparagraph (D), by striking ``where appropriate,''; and (C) by striking subparagraphs (E) and (F) and inserting the following: ``(E) A description of a plan for sustaining the services provided by or activities funded under the grant after the conclusion of the grant period, including through the use of prevention services and programs under section 471(e) and other funds provided to the State for child welfare and substance abuse prevention and treatment services. ``(F) Additional information needed by the Secretary to determine that the proposed activities and implementation will be consistent with research or evaluations showing which practices and approaches are most effective.''; (5) in paragraph (5)(A), by striking ``abuse treatment'' and inserting ``use disorder treatment including medication assisted treatment and in-home substance abuse disorder treatment and recovery''; (6) in paragraph (7)-- (A) by striking ``and'' at the end of subparagraph (C); and (B) by redesignating subparagraph (D) as subparagraph (E) and inserting after subparagraph (C) the following: ``(D) demonstrate a track record of successful collaboration among child welfare, substance abuse disorder treatment and mental health agencies; and''; (7) in paragraph (8)-- (A) in subparagraph (A)-- (i) by striking ``establish indicators that will be'' and inserting ``review indicators that are''; and (ii) by striking ``in using funds made available under such grants to achieve the purpose of this subsection'' and inserting ``and establish a set of core indicators related to child safety, parental recovery, parenting capacity, and family well-being. In developing the core indicators, to the extent possible, indicators shall be made consistent with the outcome measures described in section 471(e)(6)''; and (B) in subparagraph (B)-- (i) in the matter preceding clause (i), by inserting ``base the performance measures on lessons learned from prior rounds of regional partnership grants under this subsection, and'' before ``consult''; and (ii) by striking clauses (iii) and (iv) and inserting the following: ``(iii) Other stakeholders or constituencies as determined by the Secretary.''; and (8) in paragraph (9)(A), by striking clause (i) and inserting the following: ``(i) Semiannual reports.--Not later than September 30 of each fiscal year in which a recipient of a grant under this subsection is paid funds under the grant, and every 6 months thereafter, the grant recipient shall submit to the Secretary a report on the services provided and activities carried out during the reporting period, progress made in achieving the goals of the program, the number of children, adults, and families receiving services, and such additional information as the Secretary determines is necessary. The report due not later than September 30 of the last such fiscal year shall include, at a minimum, data on each of the performance indicators included in the evaluation of the regional partnership.''. SEC. 3. EFFECTIVE DATE. (a) In General.--Subject to subsection (b), the amendments made by this Act shall take effect on October 1, 2017. (b) Transition Rule.-- (1) In general.--In the case of a State plan under part B of title IV of the Social Security Act which the Secretary of Health and Human Services determines requires State legislation (other than legislation appropriating funds) in order for the plan to meet the additional requirements imposed by the amendments made by this Act, the State plan shall not be regarded as failing to comply with the requirements of such part solely on the basis of the failure of the plan to meet such additional requirements before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of enactment of this Act. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of the session shall be deemed to be a separate regular session of the State legislature. (2) Application to programs operated by indian tribal organizations.--In the case of an Indian tribe, tribal organization, or tribal consortium which the Secretary of Health and Human Services determines requires time to take action necessary to comply with the additional requirements imposed by the amendments made by this Act (whether the tribe, organization, or tribal consortium has a plan under section 479B of the Social Security Act or a cooperative agreement or contract entered into with a State), the Secretary shall provide the tribe, organization, or tribal consortium with such additional time as the Secretary determines is necessary for the tribe, organization, or tribal consortium to take the action to comply with the additional requirements before being regarded as failing to comply with the requirements. Passed the House of Representatives June 20, 2017. Attest: KAREN L. HAAS, Clerk.

Partnership Grants to Strengthen Families Affected by Parental Substance Abuse Act (Sec. 2) This bill amends part B (Child and Family Services) of title IV of the Social Security Act to modify the grant program that provides funding to state and regional partnerships to prevent child abuse and neglect related to substance abuse. The bill redefines "regional partnership" to specify mandatory partners and optional partners engaged in the grant process. The bill sets the level of grant funding at between $250,000 (currently $500,000) and $1 million per grant per fiscal year. Grants shall be disbursed in two phases: (1) a planning phase (not to exceed two years), and (2) an implementation phase. The total disbursement to a grantee for the planning phase may not exceed $250,000, and may not exceed the total anticipated funding for the implementation phase. No payment shall be made for a fiscal year until the Department of Health and Human Services (HHS) determines that the eligible partnership has made sufficient progress in meeting the goals of the grant program, and that the members of the eligible partnership are coordinating to a reasonable degree with the other partnership members. The bill expands the grant program to include parents and families in the grant application process. HHS shall: review (instead of establish) indicators that are used to assess periodically the performance of grant recipients; establish a set of core indicators related to child safety, parental recovery, parenting capacity, and family well-being; Grant recipients must report semiannually (currently, annually) to HHS on services provided and activities carried out under the grant program, progress made in achieving the goals of the program, and the number of children, adults, and families receiving services. (Sec. 3) The amendments made by this bill are effective on October 1, 2017. The bill allows states and Indian tribes additional time for compliance with requirements imposed by this bill.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Lesser Prairie Chicken National Habitat Preservation Area Act of 2008''. SEC. 2. DEFINITIONS. In this Act: (1) State land.--The term ``State land'' means the approximately 13,236 acres of State land, as depicted on the map. (2) Map.--The term ``map'' means the map titled ``Lesser Prairie Chicken National Habitat Preservation Area and Land Exchange'' and dated April 30, 2008. (3) Federal land.--The term ``Federal land'' means the land administered by the Secretary consisting of approximately 7,718 acres as depicted on the map. (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (5) State.--The term ``State'' means the State of New Mexico. (6) County.--The term ``County'' means the County of Chaves. (7) Preservation area.--The term ``Preservation Area'' means the Lesser Prairie Chicken National Habitat Preservation Area. SEC. 3. LAND EXCHANGE. (a) In General.--The Secretary may convey to the State all right, title, and interest of the United States in and to the Federal land. (b) Consideration.--As consideration for the conveyance of the Federal land under subsection (a), the State shall convey to the United States all right, title, and interest of the State in and to the State land. (c) Interests Included in Exchange.--Subject to valid existing rights, the land exchange under this Act shall include the conveyance of all surface, subsurface, mineral, and water rights to the Federal land and State land. (d) Compliance With Federal Land Policy and Management Act.--The Secretary shall carry out the land exchange under this Act in accordance with section 206 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716) and other applicable laws. (e) No Amendment to Management Plan Required.--The exchange of Federal land and State land shall not require an amendment to the Mimbres Resource Management Plan. (f) Additional Terms and Conditions.--The Secretary may require such additional terms and conditions for the land exchange as the Secretary considers to be appropriate to protect the interests of the United States. SEC. 4. LESSER PRAIRIE CHICKEN NATIONAL HABITAT PRESERVATION AREA. (a) Establishment; Purposes.--There is established in the County the Lesser Prairie Chicken National Habitat Preservation Area to protect, conserve, and enhance habitat for the Lesser Prairie Chicken. (b) Boundaries.--The Preservation Area shall consist of approximately 28,168 acres of public land and 9,402 acres of land acquired under section 3 of this Act, as generally depicted on the map. (c) Maps and Legal Description.-- (1) In general.--Not later than 30 days after the date of the enactment of this Act, the Secretary shall submit to Congress a map and legal description of the Preservation Area. (2) Force and effect.--The map and legal description submitted under paragraph (1) shall have the same force and effect as if included in this Act, except that the Secretary may correct clerical and typographical errors in the map and legal description. (3) Public availability.--Copies of the map and legal description submitted under paragraph (1) shall be on file and available for public inspection in-- (A) the Office of the Director of the Bureau of Land Management; (B) the Office of the State Director; (C) the Office of the Pecos District Manager of the Bureau of Land Management; and (D) the Office of the County Clerk in Roswell, New Mexico. SEC. 5. MANAGEMENT OF THE PRESERVATION AREA. (a) In General.--The Secretary shall manage the Preservation Area-- (1) in a manner that protects, conserves, and enhances the habitat for the Lesser Prairie Chicken; and (2) in accordance with-- (A) this Act; (B) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); and (C) any other applicable laws. (b) Uses.-- (1) In general.--The Secretary shall allow only uses of the Preservation Area that the Secretary determines will further the purposes for which the Preservation Area is established. (2) Use of motorized vehicles.--Except as needed for administrative purposes or to respond to an emergency, the use of motorized vehicles or mechanized transport in the Preservation Area shall be allowed only on roads and trails designated for vehicular use under the management plan so long as such use is in conformance with the purposes of this Act. (c) Withdrawals.--Subject to valid existing rights, all land managed by the Bureau of Land Management within the Preservation Area and any land and interests in land acquired for the Preservation Area by the United States after the date of the enactment of this Act are withdrawn from-- (1) all forms of entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) disposal under the mineral leasing, mineral materials, and geothermal leasing laws. (d) Hunting and Trapping.-- (1) In general.--Subject to paragraph (2), hunting and trapping shall be allowed in the Preservation Area to the extent consistent with the protection and conservation of the Lesser Prairie Chicken. (2) Limitations.-- (A) Regulations.--The Secretary may designate by regulation areas in which, and establish periods during which, for reasons of public safety, administration, or compliance with applicable laws, no hunting or trapping will be permitted in the Preservation Area. (B) Consultation.--Except in emergencies, the Secretary shall consult with the appropriate State agency before promulgating regulations under subparagraph (A) that close a portion of the Preservation Area to hunting and trapping. (e) Grazing.--The Secretary may allow grazing solely for the purpose of vegetative management to enhance Lesser Prairie Chicken habitat. (f) Activities Outside Preservation Area.--The fact that an activity or use of land is not permitted on land within the Preservation Area shall not preclude the activity or use outside the boundary of the Preservation Area or on private land within the Preservation Area, consistent with other applicable law. (g) Acquisition of Land.-- (1) In general.--The Secretary may acquire land in the Preservation Area only-- (A) from a willing seller; and (B) through purchase, exchange, or donation. (2) Management.--Land acquired under paragraph (1) shall be managed as part of the Preservation Area in accordance with this Act. (h) Interpretative Sites.--The Secretary may establish sites in the Preservation Area to permit the interpretation of the historical, cultural, scientific, archaeological, natural, and education resources of the Preservation Area. SEC. 6. MANAGEMENT PLAN. (a) In General.--Not later than 1 year after the date of the enactment of this Act, the Secretary shall develop a comprehensive plan for the long-range protection and management of the Preservation Area. (b) Contents.--The management plan shall-- (1) describe the appropriate uses and management of the Preservation Area in accordance with-- (A) this Act; (B) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); and (C) other applicable laws; (2) incorporate, as appropriate, decisions in any other management or activity plan for the land within or adjacent to the Preservation Area; and (3) take into consideration-- (A) any information developed in studies of the land within or adjacent to the Preservation Area; and (B) the historical involvement of the local community in the interpretation and protection of the resources of the Preservation Area. Amend the title so as to read: ``A bill to provide for a land exchange involving State land and Bureau of Land Management land in Chaves and Dona Ana Counties, New Mexico, and to establish the Lesser Prairie Chicken National Habitat Preservation Area, and for other purposes.''.

Lesser Prairie Chicken National Habitat Preservation Area Act of 2008 - Authorizes the exchange of certain federal and state lands in New Mexico concerning the establishment under this Act of the Lesser Prairie Chicken Habitat Preservation Area in the County of Chaves, New Mexico. Requires that such land exchange include the conveyance of all surface, subsurface, mineral, and water rights to the federal and state land. Provides that the exchange of the federal and state land shall not require an amendment to the Mimbres Resource Management Plan. Establishes the Preservation Area for the protection, conservation, and enhancement of habitat for the lesser prairie chicken. Authorizes the Secretary of the Interior to only allow uses of the Preservation Area that will further the purposes for which it is established. Permits the use of motorized vehicles or mechanized transport in the Preservation Area, only on roads and trails designated for vehicular use under the management plan, except as needed for administrative purposes or to respond to an emergency. Withdraws all Bureau of Land Management (BLM) managed land within the Preservation Area and any land and interests in land acquired by the United States for the Preservation Area from: (1) all forms of entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) disposal under the mineral leasing, mineral materials, and geothermal leasing laws. Allows hunting and trapping in the Preservation Area to the extent consistent with the protection and conservation of the lesser prairie chicken. Authorizes the Secretary to designate by regulation areas in which, and establish periods during which, for reasons of public safety, administration, or compliance with applicable laws, no hunting or trapping will be permitted. Instructs the Secretary, except in emergencies, to consult with the appropriate state agency before promulgating regulations that close a portion of the Preservation Area to hunting and trapping. Authorizes the Secretary to allow grazing only for the purpose of vegetative management to enhance lesser prairie chicken habitat. Declares that the fact that an activity or use of land is not permitted on land within the Preservation Area shall not preclude the activity or use outside the boundary of the Preservation Area or on private land within it, consistent with other applicable law. Authorizes the Secretary to acquire land in the Preservation Area only from a willing seller or through purchase, exchange, or donation. Authorizes the Secretary to establish sites in the Preservation Area to permit the interpretation of the Preservation Area's historical, cultural, scientific, archeological, natural, and educational resources. Requires the Secretary to develop a plan for the long-range protection and management of the Preservation Area.

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SECTION 1. REFERENCE. Whenever in this Act a section or other provision is amended, such amendment shall be considered to be made to that section or other provision of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858 et seq.). SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress makes the following findings: (1) Two-thirds of mothers with children under 6 years of age are in the workforce. (2) More than 10 percent of children under the age of 6 have a disability; children living in low-income communities have a higher incidence of disability. (3) The Individuals with Disabilities Education Act requires early intervention services to be provided to infants and toddlers with disabilities in a natural environment, typically the child's home or a child care setting. (4) The Individuals with Disabilities Education Act requires special education preschool services to be delivered in the least restrictive environment, with a preschooler's nondisabled peers. (5) The General Accounting Office reports that the ``supply of infant care, care for special needs children, and care during nonstandard hours has been more limited than the overall supply''. There is even less care for those children who live in low-income communities. (6) Children with disabilities or special health care needs are barred from many child care programs due to myth, stereotype, and fear about disability and because staff lack sufficient training to meet the needs of such children. (b) Purpose.--The purpose of this Act is to increase the supply of quality child care for children with disabilities. SEC. 3. APPLICATION AND PLAN. Section 658E(c) (42 U.S.C. 9858c(c)) is amended-- (1) in paragraph (2)(H)-- (A) by striking ``, and families'' and inserting ``, families''; and (B) by inserting before the final period ``, and families that have children with disabilities''; and (2) in paragraph (3)(B)-- (A) by striking ``size) and to'' and inserting ``size), to''; and (B) by inserting before the final period ``, and to children with disabilities''. SEC. 4. ACTIVITIES TO IMPROVE THE QUALITY OF CHILD CARE. Section 658G (42 U.S.C. 9858e) is amended-- (1) by striking ``A State'' and inserting ``(a) In General.--A State''; (2) by amending subsection (a) (as so designated by paragraph (1) of this section) by adding at the end the following: ``Such activities may include activities listed in subsection (b).''; and (3) by adding at the end the following new subsections: ``(b) Activities for Children With Disabilities.-- ``(1) Use of funds.--A State that receives funds to carry out this subchapter for a fiscal year after fiscal year 2001, shall use not less than 5 percent of the total amount of such funds for one or more of the activities described in paragraph (2) that are designed to increase the availability of quality child care for children with disabilities. ``(2) Eligible activities.--Activities referred to in paragraph (1) are the following: ``(A) Training and technical assistance.--Ongoing comprehensive system of training and technical assistance for the following: ``(i) Training for child care providers, State licensing agencies responsible for licensing child care providers, and parents on how to collaborate with each other to help ensure appropriate implementation of the Americans with Disabilities Act of 1990 and the Individuals with Disabilities Education Act. ``(ii) Technical assistance to assist family home and center child care providers to enable them to appropriately and better include children with disabilities alongside children without disabilities in child care settings. ``(iii) Training for child care directors and staff on the use of assistive technology for children with special needs and children with disabilities. ``(iv) Training to develop leadership skills for directors of child care facilities to operate inclusive child care programs, including leadership skills in financial development, program development, parent education, and community development. ``(v) Assistance to State and local child care resource and referral agencies on compliance with the Americans with Disabilities Act of 1990 and the Individuals with Disabilities Education Act. ``(B) Recruitment and retention of staff.--Grants for recruitment and retention of qualified staff though the following: ``(i) Grants for scholarships for child care staff who work with children with and without disabilities to obtain associate, bachelor's, or master's degrees or other training in child development. ``(ii) Grants to increase salaries of child care staff who obtain associate, bachelors, or masters degrees or other training in fields of child development. ``(iii) Grants to retain qualified child care providers in the child care field. ``(c) Grants and Loans for Certain Child Care Programs.--To the extent provided for in advance by Acts of appropriation, the Secretary shall make grants and low-interest loans to public agencies and nonprofit organizations (including State and local governments and community-based organizations) for projects that increase the availability of 1 or more of the following: ``(1) Inclusive child care programs. ``(2) Child care for infants. ``(3) Child care during evenings and weekends.''. SEC. 5. REPORTS. Section 658K(a)(1)(B)(iii) (42 U.S.C. 9858i(a)(1)(B)(iii)) is amended by striking ``and age'' and inserting ``age, and disability status''. SEC. 6. DEFINITIONS. Section 658P (42 U.S.C. 9858n) is amended-- (1) by inserting after paragraph (2) the following new paragraph: ``(3) Child with a disability.--The term `child with a disability' has the meaning given that term and the meaning given the term `infant or toddler with a disability' in section 602 and section 632 of the Individuals with Disabilities Education Act (20 U.S.C. 1401).''; and (2) by inserting after paragraph (9) the following new paragraph: ``(10) Inclusive child care program.--The term `inclusive child care program' means a child care program that serves children with disabilities and children without disabilities together in a setting where not more than 50 percent of the children enrolled are children with disabilities.''.

Amends the Child Care and Development Block Grant Act of 1990 to require that each State plan (as part of application requirements for grants) demonstrate the manner in which the State will meet the specific child care needs of families that have children with disabilities. Includes services for children with disabilities among priority items for the State to provide.Directs States receiving grant funds for a fiscal year after FY 2001 to use not less than five percent of the total for activities designed to increase the availability of quality child care for children with disabilities, including for specified training and technical assistance, and for recruitment and retention of staff.Directs the Secretary of Health and Human Services to make grants and low-interest loans to public agencies and nonprofit organizations for projects that increase the availability of one or more of the following: (1) inclusive child care programs (i.e., programs that serve children with disabilities and children without disabilities together in a setting where not more than half of those enrolled are children with disabilities); (2) child care for infants; and (3) child care during evenings and weekends.Requires reports by States receiving grants to include information regarding the disability status of children receiving assistance.

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SECTION 1. SHORT TITLE; ETC. (a) Short Title.--This Act may be cited as the ``Tax Rate Reduction Act of 1994''. (b) Section 15 Not To Apply.--No amendment made by this Act, and no change in a rate pursuant to section 1(f)(8) of the Internal Revenue Code of 1986 (as amended by this Act), shall be treated as a change in a rate of tax for purposes of section 15 of such Code. SEC. 2. REDUCTION IN INDIVIDUAL INCOME TAX RATES. (a) Repeal of 39.6% Rate.-- (1) Each of the tables contained in subsections (a), (b), (c), (d), and (e) of section 1 of the Internal Revenue Code of 1986 is amended by striking the last item in each column (relating to 39.6 percent rate bracket). (2) Each of the tables contained in subsections (a), (b), and (c) of section 1 of such Code is amended by striking ``but not over $250,000''. (3) The table contained in subsection (d) of section 1 of such Code is amended by striking ``but not over $125,000''. (4) The table contained in subsection (e) of section 1 of such Code is amended by striking ``but not over $7,500''. (b) Additional Rate Reductions.-- (1) In general.--Subsection (f) of section 1 of such Code is amended by adding at the end the following new paragraph: ``(8) Rate reductions.--In prescribing the tables under paragraph (1) which apply with respect to taxable years beginning in a calendar year after 1994, the corresponding percentages specified for such calendar year in the following table shall be substituted for 15%, 28%, 31%, and 36%, respectively, in subsections (a), (b), (c), (d), and (e). ------------------------------------------------------------------------ The corresponding percentage shall be In the case of taxable years substituted for the following percentages: beginning during calendar ------------------------------------------- year: 15% 28% 31% 36% ------------------------------------------------------------------------ 1995........................ 14% 28% 31% 34% 1996........................ 13% 26% 29% 33% 1997........................ 12% 24% 27% 33% 1998 or thereafter.......... 12% 22% 25% 33%.'' ------------------------------------------------------------------------ (2) Technical amendments.-- (A) Subparagraph (B) of section 1(f)(2) of such Code is amended by inserting ``except as provided in paragraph (8),'' before ``by not changing''. (B) Subparagraph (C) of section 1(f)(2) of such Code is amended by inserting ``and the reductions under paragraph (8) in the rates of tax'' before the period. (C) The heading for subsection (f) of section 1 of such Code is amended by inserting ``Rate Reductions;'' before ``Adjustments''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1994. SEC. 3. REPEAL OF OVERALL LIMITATION ON ITEMIZED DEDUCTIONS. (a) In General.--Section 68 of the Internal Revenue Code of 1986 is hereby repealed. (b) Technical Amendments.-- (1) Subparagraph (A) of section 1(f)(6) of such Code is amended by striking ``section 68(b)(2)''. (2) Paragraph (1) of section 56(b) of such Code is amended by striking subparagraph (F). (3) The table of sections for part I of subchapter B of chapter 1 of such Code is amended by striking the item relating to section 68. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1994. SEC. 4. REPEAL OF PHASEOUT OF PERSONAL EXEMPTIONS. (a) In General.--Subsection (d) of section 151 of the Internal Revenue Code of 1986 (relating to exemption amount) is amended by striking paragraphs (3) and (4) and inserting the following new paragraph: ``(3) Inflation adjustment.--In the case of any taxable year beginning in a calendar year after 1989, the dollar amount contained in paragraph (1) shall be increased by an amount equal to-- ``(A) such dollar amount, multiplied by ``(B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, by substituting `calendar year 1988' for `calendar year 1992' in subparagraph (B) thereof.'' (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 1994.

Tax Rate Reduction Act of 1994 - Amends the Internal Revenue Code to repeal the highest income tax rate for individuals, lower the highest taxable income threshold, and reduce individual income tax rates from 1995 until 1998. Repeals the overall limitation on itemized deductions and the phaseout of personal exemptions.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Marketplace Equity Act of 2011''. SEC. 2. AUTHORIZATION FOR STATES TO REQUIRE COLLECTION OF SALES AND USE TAXES. (a) Grant of Authority.--Notwithstanding any other provision of law, a State electing, individually or through an agreement with one or more of the several States, to satisfy the requirements of subsection (b) is authorized to require all sellers not qualifying for the small seller exception to collect and remit sales and use taxes with respect to remote sales into the State without regard to the location of the seller. (b) Requirements for Authority.--The authorization provided under paragraph (1) shall be granted once the State implements a simplified system for administration of sales and use tax collection with respect to remote sellers, which includes the following minimum requirements: (1) Small seller exception.--An exception for remote sellers with gross annual receipts in the preceding calendar year from remote sales of items, services, and other products in the United States not exceeding $1,000,000 (or such greater amount as determined by the State involved) or in the State not exceeding $100,000 (or such greater amount as determined by the State). (2) Form and filing.--A sales and use tax return for use by remote sellers and a single revenue authority within the State with which remote sellers are required to file the return. A State may not require that remote sellers submit any other sales and use tax return other than the sales and use tax return applicable to remote sellers. A remote seller may not be required to file sales and use tax returns any more frequently than returns are required for other sellers. No local jurisdiction may require a remote seller to submit a sales and use tax return or to collect sales and use tax other than as provided by this paragraph. (3) Definition of tax base.--With respect to remote sellers-- (A) products and services subject to tax must be identical throughout the State, and (B) any exemptions must be identical throughout the State and may not include exemptions for products and services that are not exempt when sold by other than remote sellers. (4) Sales and use tax rate structure.-- (A) Except as provided in subparagraph (B) of this paragraph, remote sellers must collect sales and use tax under one of three rate structures-- (i) a single State-wide blended rate that includes both the State rate and applicable rates of local jurisdictions, as determined by the State; (ii) the maximum State rate, which is the highest rate at which sellers are required by the State to collect tax, exclusive of tax imposed by or for the specific benefit of local jurisdictions; or (iii) the applicable destination rate, which is the sum of the State rate and any applicable rate for the local jurisdiction into which the sale was made. If a State requires that remote sellers collect at the applicable destination rate, the State must make available adequate software to remote sellers that substantially eases the burden of collecting at multiple rates within the State, and any State providing such software must relieve remote sellers from liability to that State for collection of the incorrect amount of sales or use tax, including any penalties or interest, provided that collection of the improper amount is the result of relying on information provided by that State. (B) A State that generally imposes a lower sales and use tax rate for sales of food or drugs and medicine, or both, may require remote sellers to collect sales and use tax at such rates. (C) The rates described in clause (i) and (ii) must not exceed the respective average State and locality rates applicable to sellers other than remote sellers. (c) Commencement of Authority.-- (1) In general.--A State satisfying the requirements of subsection (b) may exercise the authority granted in subsection (a) beginning on the first day of the calendar quarter at least six months after the date that the State publishes the public notice described in paragraph (2). (2) Notice requirements.--The public notice required in paragraph (1) must include the following information for remote sellers: (A) The title and reference to the legislation that the State has enacted requiring remote sellers to collect sales and use tax. (B) The criteria under which remote sellers are required to collect sales and use tax under the State legislation. (C) The rate or rates at which affected remote sellers will be required to collect sales and use tax. (D) The date upon which affected remote sellers will be required to begin collecting sales and use tax. (E) References to compliance information and the form to be filed by remote sellers. (d) Termination of Authority.--The authorization provided under subsection (a) shall terminate for a State that no longer satisfies the requirements of subsection (b) on the date that-- (1) a court of competent jurisdiction determines that the State's simplified system of administration no longer meets the minimum requirements set forth in subsection (b); and (2) the determination of such court is no longer subject to appeal. SEC. 3. PREEMPTION. Except as otherwise provided in this Act, this Act shall not be construed to preempt or limit any power exercised or to be exercised by a State or local jurisdiction under the law of such State or local jurisdiction or under any other Federal law. SEC. 4. LIMITATIONS. (a) In General.--Nothing in this Act shall be construed as-- (1) subjecting a seller to franchise taxes, income taxes, or licensing requirements of a State or political subdivision thereof; (2) affecting the application of such taxes or requirements or enlarging or reducing the authority of any State to impose such taxes or requirements; (3) requiring any State or any local taxing jurisdiction to exempt, or to impose a tax on any product, or to adopt any particular type of tax, or to impose the same rate of tax as any other taxing jurisdiction; or (4) permitting or prohibiting a State from-- (A) licensing or regulating any person; (B) requiring any person to qualify to transact intrastate business; (C) subjecting any person to State taxes not related to the sale of goods or services; or (D) exercising authority over matters of interstate commerce. (b) No Effect on Nexus.--No obligation imposed by virtue of the authority granted by section 2 shall be considered in determining whether a seller has a nexus with any State for any other tax purpose. SEC. 5. DEFINITIONS. For purposes of this Act, the following definitions shall apply: (1) State.--The term ``State'' means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, the Commonwealth of the Northern Mariana Islands, any other territory or possession of the United States, and any Indian country as defined in section 1151 of title 18 of the United States Code. (2) Local jurisdiction.--The term ``local jurisdiction'' means any political subdivision of a State. (3) Person.--The term ``person'' means an individual, trust, estate, fiduciary, partnership, corporation, limited liability company, or any other legal entity, and includes a State or local government. (4) Sale into the state.--The term ``sale into the State'' means a sale where the item sold is received by the purchaser in the State, based on the location indicated by instructions for delivery that the purchaser furnishes to the seller. When no delivery location is specified, the sale occurs in the State if the customer's billing address is in the State. (5) Remote sale.--The term ``remote sale'' means a sale of goods or services attributed to a State with respect to which a seller does not have adequate physical presence to establish nexus under the law existing on the day before the date of the enactment of this Act so as to allow such State to require, without regard to the authority granted by this Act, the seller to collect and remit taxes covered by this Act with respect to such sale. (6) Remote seller.--The term ``remote seller'' means a person that makes remote sales. (7) Sales tax.--The term ``sales tax'' means a tax that is-- (A) imposed on or incident to the sale of tangible or intangible personal property or services as may be defined or specified under the laws imposing such tax; and (B) measured by the amount of the sales price, cost, charge, or other value of or for such property or services. (8) Use tax.--The term ``use tax'' means a tax that is-- (A) imposed on the purchase, storage, consumption, distribution, or other use of tangible or intangible personal property or services as may be defined or specified under the laws imposing such tax; and (B) measured by the purchase price of such property or services. SEC. 6. 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 and the application of the provisions of such to any person or circumstance shall not be affected thereby.

Marketplace Equity Act of 2011 - Authorizes states to require all sellers making remote sales to collect and remit sales and use taxes with respect to such sales into the state, without regard to the location of the seller, if such states implement a simplified system for administration of sales and use tax collection for remote sellers. Requires such a system to include, at a minimum: (1) an exception for remote sellers with gross annual receipts in the preceding calendar year from remote sales not exceeding $1 million in the United States or not exceeding $100,000 in the state, (2) a single sales and use tax return for use by remote sellers and a single revenue authority within the state with which remote sellers are required to file a tax return, and (3) a uniform tax base throughout the state. Defines "remote sale" as a sale of goods or services attributed to a state with respect to which a seller does not have adequate physical presence to establish a nexus so as to allow such state to require such seller to collect and remit taxes.

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SECTION 1. SHORT TITLE; REFERENCES. (a) Short Title.--This Act may be cited as the ``Student Loan Repayment Extension Act''. (b) References.--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 Higher Education Act of 1965 (20 U.S.C. 1001 et seq.). SEC. 2. REPAYMENT TERMS. (a) Insured Loans.--Section 427 is amended-- (1) in subsection (a)(2)-- (A) in subparagraph (B), in the matter preceding clause (i), by striking ``over a period'' through ``nor more than 10 years'' and inserting ``in accordance with the repayment plan selected under subsection (d),''; (B) in subparagraph (C), at the end of the subparagraph, by striking out ``the 10-year period described in subparagraph (B);'' and inserting the following: ``the length of the repayment period under a repayment plan described in subsection (d);''; (C) by striking subparagraph (F); (D) by redesignating subparagraphs (G), (H), and (I) as subparagraphs (F), (G), and (H), respectively; and (E) in subparagraph (G) (as redesignated by subparagraph (D)), by striking ``the option'' through the end of the subparagraph and inserting ``the repayment options described in subsection (d); and''; (2) in subsection (c), by striking ``in subsection (a)(2)(H),'' and inserting the following: ``by a repayment plan selected by the borrower under subparagraph (C) or (D) of subsection (d)(1),''; and (3) by adding after subsection (c) the following new subsection: ``(d) Repayment Plans.-- ``(1) Design and selection.--In accordance with regulations of the Secretary, the lender shall offer a borrower of a loan made under this part the plans described in this subsection for repayment of such loan, including principal and interest thereon. No plan may require a borrower to repay a loan in less than 5 years. The borrower may choose from-- ``(A) a standard repayment plan, with a fixed annual repayment amount paid over a fixed period of time, not to exceed 10 years; ``(B) an extended repayment plan, with a fixed annual repayment amount paid over an extended period of time, not to exceed 30 years, except that the borrower shall repay annually a minimum amount determined in accordance with subsection (c); ``(C) a graduated repayment plan, with annual repayment amounts established at 2 or more graduated levels and paid over an extended period of time, not to exceed 30 years, except that the borrower's scheduled payments shall not be less than 50 percent, nor more than 150 percent, of what the amortized payment on the amount owed would be if the loan were repaid under the standard repayment plan; and ``(D) an income-sensitive repayment plan, with income-sensitive repayment amounts paid over a fixed period of time, not to exceed 25 years. ``(2) Lender selection of option if borrower does not select.--If a borrower of a loan made under this part does not select a repayment plan described in paragraph (1), the lender shall provide the borrower with a repayment plan described in paragraph (1)(A). ``(3) Changes in selections.--The borrower of a loan made under this part may change the borrower's selection of a repayment plan under paragraph (1), or the lender's selection of a plan for the borrower under paragraph (2), as the case may be, under such conditions as may be prescribed by the Secretary in regulation. ``(4) Acceleration permitted.--Under any of the plans described in this subsection, the borrower shall be entitled to accelerate, without penalty, repayment on the borrower's loans under this part.''. (b) Guaranteed Loans.--Section 428(b) is amended-- (1) in paragraph (1)-- (A) in subparagraph (D), by striking clauses (i) and (ii) and the clause designation ``(iii)''; (B) in subparagraph (E)-- (i) in clause (i)-- (I) by striking ``or section 428A,'' and inserting ``or section 428H,''; and (II) by striking ``the option'' through the end of the clause and inserting ``the repayment options described in paragraph (9); and''; and (ii) in clause (ii)-- (I) by striking ``over a period'' through ``nor more than 10 years'' and inserting ``in accordance with the repayment plan selected under paragraph (9), and''; and (II) by striking ``of this subsection;'' at the end of clause (ii) and inserting a semicolon; and (C) in subparagraph (L)(i), by inserting after the clause designation the following: ``except as otherwise provided by a repayment plan selected by the borrower under paragraph (9)(A) (iii) or (iv),''; and (2) by adding after paragraph (8) the following new paragraph: ``(9) Repayment plans.-- ``(A) Design and selection.--In accordance with regulations of the Secretary, the lender shall offer a borrower of a loan made under this part the plans described in this subparagraph for repayment of such loan, including principal and interest thereon. No plan may require a borrower to repay a loan in less than 5 years. The borrower may choose from-- ``(i) a standard repayment plan, with a fixed annual repayment amount paid over a fixed period of time, not to exceed 10 years; ``(ii) an extended repayment plan, with a fixed annual repayment amount paid over an extended period of time, not to exceed 30 years, except that the borrower shall repay annually a minimum amount determined in accordance with paragraph (2)(L); ``(iii) a graduated repayment plan, with annual repayment amounts established at 2 or more graduated levels and paid over an extended period of time, not to exceed 30 years, except that the borrower's scheduled payments shall not be less than 50 percent, nor more than 150 percent, of what the amortized payment on the amount owed would be if the loan were repaid under the standard repayment plan; and ``(iv) an income-sensitive repayment plan, with income-sensitive repayment amounts paid over a fixed period of time, not to exceed 25 years. ``(B) Lender selection of option if borrower does not select.--If a borrower of a loan made under this part does not select a repayment plan described in subparagraph (A), the lender shall provide the borrower with a repayment plan described in subparagraph (A)(i). ``(C) Changes in selections.--The borrower of a loan made under this part may change the borrower's selection of a repayment plan under subparagraph (A), or the lender's selection of a plan for the borrower under subparagraph (B), as the case may be, under such conditions as may be prescribed by the Secretary in regulation. ``(D) Acceleration permitted.--Under any of the plans described in this paragraph, the borrower shall be entitled to accelerate, without penalty, repayment on the borrower's loans under this part. ``(E) Comparable ffel and direct loan repayment plans.--The Secretary shall ensure that the repayment plans offered to borrowers under this part are comparable, to the extent practicable and not otherwise provided in statute, to the repayment plans offered under part D.''. (c) Consolidation Loans.--Section 428C is amended-- (1) in subsection (b)(3)(F), by striking ``alternative''; and (2) in subsection (c) by amending paragraph (2) to read as follows: ``(2) Repayment plans.-- ``(A) Design and selection.--In accordance with regulations of the Secretary, the lender shall offer a borrower of a loan made under this section the plans described in this paragraph for repayment of such loan, including principal and interest thereon. No plan may require a borrower to repay a loan in less than 5 years. The borrower may choose from-- ``(i) a standard repayment plan, with a fixed annual repayment amount paid over a fixed period of time, not to exceed 10 years; ``(ii) an extended repayment plan, with a fixed annual repayment amount paid over an extended period of time, not to exceed 30 years, except that the borrower shall repay annually a minimum amount determined in accordance with paragraph (3); ``(iii) a graduated repayment plan, with annual repayment amounts established at 2 or more graduated levels and paid over an extended period of time, not to exceed 30 years, except that the borrower's scheduled payments shall not be less than 50 percent, nor more than 150 percent, of what the amortized payment on the amount owed would be if the loan were repaid under the standard repayment plan; and ``(iv) an income-sensitive repayment plan, with income-sensitive repayment amounts paid over a fixed period of time, not to exceed 25 years. ``(B) Lender selection of option if borrower does not select.--If a borrower of a loan made under this section does not select a repayment plan described in subparagraph (A), the lender shall provide the borrower with a repayment plan described in subparagraph (A)(i). ``(C) Changes in selections.--The borrower of a loan made under this section may change the borrower's selection of a repayment plan under subparagraph (A), or the lender's selection of a plan for the borrower under subparagraph (B), as the case may be, under such conditions as may be prescribed by the Secretary in regulation.''. (d) Direct Loans.--Section 455(d) is amended-- (1) in paragraph (1)-- (A) in subparagraph (B), by inserting after ``an extended period of time,'' the following: ``not to exceed 30 years,''; and (B) in subparagraph (C), by striking ``a fixed or extended period of time,'' and inserting the following: ``an extended period of time, not to exceed 30 years,''; and (2) in paragraph (2), by striking ``subparagraph (A), (B), or (C) of paragraph (1).'' and inserting ``paragraph (1)(A).''.

Student Loan Repayment Extension Act - Amends the Higher Education Act of 1965 to extend and make uniform the terms of repayment plans available under the various Federal student loan programs (insured, guaranteed, consolidation, and direct loan programs).

15,720

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Integrated Spent Fuel and High-Level Waste Management Act of 1994''. SEC. 2. FINDINGS AND PURPOSES. (a) Congressional Findings.--The Congress finds the following: (1) The transportation, storage, and disposal of high-level radioactive waste and spent nuclear fuel is a matter of national urgency that is the responsibility of this generation. (2) The utility generators and owners of high-level radioactive waste and spent nuclear fuel, together with their customers, have met, and will continue to meet, their obligations under the Nuclear Waste Policy Act of 1982 to provide for the cost of siting, licensing, construction, and operation of a Federal waste management system. (3) Some utilities have now exhausted their spent nuclear fuel pool storage capacity, a total of 26 nuclear power reactors will reach their spent nuclear fuel pool storage capacity by the end of 1998, and approximately 80 nuclear power reactors will be without spent nuclear fuel pool storage capacity by 2010. As a result, utility rate payers face significant costs associated with expanding storage capacity at reactor sites, and continued delay is unacceptable. (4) Federal efforts to site, license, construct, and operate disposal facilities in accordance with the provisions of the Nuclear Waste Policy Act of 1982 have not met the timetables contemplated by such Act. (5) The Secretary of Energy has a clear and unconditional obligation to take possession of and title to high-level radioactive waste and spent nuclear fuel beginning not later than January 31, 1998. (6) Notwithstanding the passage of 12 years since enactment of the Nuclear Waste Policy Act of 1982, the payment of more than $8,400,000,000 into the Nuclear Waste Fund during such period, and the additional programmatic direction provided by the Congress in the 1987 amendments to such Act, the projected date of commencement of operations at a repository is, under the most optimistic of assumptions, 2010. (7) Until a repository is operational, interim storage will continue to be required for high-level radioactive waste and spent nuclear fuel. (8) In light of the obligation of the Secretary of Energy to accept high-level radioactive waste and spent nuclear fuel beginning not later than January 31, 1998, the Secretary must establish an interim storage facility for such waste and spent fuel by such date. (b) Statement of Purposes.--The purposes of this Act are the following: (1) To specify with certainty the obligation of the Federal Government to take possession of and title to high-level radioactive waste and spent nuclear fuel and provide for its timely and safe transportation, storage, and disposal. (2) To provide the Secretary of Energy with additional incentives and means for succeeding in the siting, licensing, construction, and operation of Federal facilities for the storage and disposal of high-level radioactive waste and spent nuclear fuel. (3) To require the Secretary of Energy to establish an interim storage facility for high-level radioactive waste and spent nuclear fuel of domestic origin by January 31, 1998, for the purpose of fulfilling the obligation of the Federal Government under the Nuclear Waste Policy Act of 1982. SEC. 3. FEDERAL OBLIGATION TO TAKE POSSESSION OF AND TITLE TO HIGH- LEVEL RADIOACTIVE WASTE AND SPENT NUCLEAR FUEL. Section 302(a) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(a)) is amended by adding at the end the following new paragraph: ``(7)(A)(i) Notwithstanding any other provision of this Act or other law, the terms of the contracts entered into pursuant to this section, or the commencement of operations of a repository, the Secretary shall, by not later than January 31, 1998, begin taking possession and providing for the removal from existing storage facilities of the high-level radioactive waste and spent nuclear fuel covered by such contracts. ``(ii) A means of fulfilling the obligation set forth in clause (i) shall be the Federal Integrated Spent Fuel and High-Level Waste Management Program established in section 162. ``(B) The Secretary shall take possession and provide for the removal of the high-level radioactive waste and spent nuclear fuel referred to in subparagraph (A) in accordance with the acceptance priority ranking as required by the contracts entered into pursuant to this section. ``(C) As any high-level radioactive waste or spent nuclear fuel referred to in subparagraphs (A) and (B) comes into the possession of, and is removed by, the Secretary, title to such waste or spent fuel shall transfer to the Secretary.''. SEC. 4. FEDERAL INTEGRATED SPENT FUEL AND HIGH-LEVEL WASTE MANAGEMENT PROGRAM. (a) In General.--Subtitle E of title I of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10172 et seq.) is amended by adding at the end the following new section: ``federal integrated spent fuel and high-level waste management program ``Sec. 162. (a) Establishment.--The Secretary shall establish and administer in accordance with this section a Federal Integrated Spent Fuel and High-Level Waste Management Program as a means of fulfilling, in a safe, efficient, and cost-effective manner, the responsibility of the Federal Government to take possession and provide for the removal from existing storage facilities of, and take title to, high-level radioactive waste and spent nuclear fuel as provided in section 302(a)(7), and to provide for the management of high-level radioactive waste and spent nuclear fuel in accordance with subsection (b). ``(b) Components of Program.--The Federal Integrated Spent Fuel and High-Level Waste Management Program shall include the following components: ``(1) Development and use of a multipurpose canister system or systems for the transportation, storage, and disposal of spent nuclear fuel. ``(2) Development of the transportation infrastructure required to carry out the storage and disposal of high-level radioactive waste and spent nuclear fuel in accordance with the Program. ``(3) Establishment of an interim storage facility for high-level radioactive waste and spent nuclear fuel, consistent with applicable licensing and environmental protection requirements, by not later than January 31, 1998. ``(4) Disposal of high-level radioactive waste and spent nuclear fuel in a repository developed under this Act. ``(c) Progress Reports.--The Secretary shall submit to the Congress, not later than 120 days after the date of the enactment of this section and annually thereafter, a comprehensive progress report with specific details of how the Secretary is implementing the Federal Integrated Spent Fuel and High-Level Waste Management Program. Each report shall also include a list of recommendations for the continued successful implementation of the Program and any proposed implementing legislation. Prior to submission of any such report, the Secretary shall publish in the Federal Register a notice of the availability of a draft of the report, and shall solicit comments from interested parties.''.

Federal Integrated Spent Fuel and High-Level Waste Management Act of 1994 - Amends the Nuclear Waste Policy Act of 1982 to instruct the Secretary of Energy to begin taking possession and providing for the removal from existing storage facilities of high-level radioactive waste and spent nuclear fuel by a specified deadline. Transfers title to such waste or spent fuel to the Secretary at the time of its Federal removal or possession. Directs the Secretary to: (1) establish a Federal Integrated Spent Fuel and High-Level Waste Management Program to implement such directive; and (2) submit annual status reports to the Congress.

15,721

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Health Information Technology and Privacy Advancement Act of 2007''. SEC. 2. POLICY AND PURPOSES. (a) Policy.--Congress declares that it is the policy of the United States to establish, as expeditiously as practicable, a health information technology and privacy system, which should-- (1) be responsive to public needs and national objectives; (2) serve the health care needs of the United States; and (3) contribute to improved health care quality and lower costs. (b) Purposes.--It is the purpose of this Act to-- (1) provide for the establishment of a health information technology and privacy system through which new and expanded health care information services will be made available as promptly as possible in a manner that provides national coverage at the earliest practicable date; (2) in carrying out the system described in paragraph (1), provide technology services to economically less developed areas as well as those more highly developed, and provide for the efficient and economical use of health care information and protect the confidentiality and security of information within this new technology; (3) in order to facilitate the development of the system and provide for the widest possible participation by private enterprise in the system, establish a private nonprofit corporation, subject to appropriate Federal regulation, to administer the system; and (4) ensure that-- (A) all authorized users of the system have nondiscriminatory access to the system; (B) effective competition be maintained in the provision of equipment and services utilized by the system; (C) the corporation established under this Act is organized and operated so as to maintain and strengthen competition in the provision of health information services to the public; and (D) the activities of the corporation and of the persons or companies participating in the ownership of the corporation is consistent with the Federal antitrust laws. (c) Limitation.--Congress declares that it is not the policy of this Act to preclude the private development of health information technologies. SEC. 3. DEFINITIONS. In this Act: (1) Authorized health insurers.--The term ``authorized health insurers'' means health insurance issuers (as defined in section 2791 of the Public Health Service Act) and includes payors for services provided under titles XVIII and XIX of the Social Security Act (42 U.S.C. 1395 and 1396 et seq.). (2) Authorized providers.--The term ``authorized providers'' means duly licensed or certified health care providers. (3) Corporation.--The term ``corporation'' means the corporation authorized by section 5. (4) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. (5) System.--The term ``system'' means the system of health information and technology established under this Act, with secure retention and sharing among authorized providers, who have access to analytic support to identify and enhance areas where improved quality of care may lower cost, and result in reimbursement rates that can better reflect optimal health care delivery. SEC. 4. FEDERAL COORDINATION, PLANNING, AND REGULATION. (a) Actions by the Secretary.--In order to achieve the policy and carry out the purposes of this Act, the Secretary shall-- (1) provide Federal governmental assistance in the planning and development, and provide for the implementation of, a national program for the establishment and operation, as expeditiously as possible, of a national health information technology and privacy system; (2) provide for the continuous review of all phases of the development and operation of the system, including the activities of the corporation; (3) provide for the coordination of the activities of Federal agencies with responsibilities relating to health care information technology, so as to ensure that there is a full and effective compliance at all times with the policies and procedures established under this Act; (4) exercise such supervision over the relationship of the corporation with State and local entities or other entities as may be appropriate to ensure that such relationships shall be consistent with the national interest and policy of the United States as expressed in this Act; (5) ensure that timely arrangements are made under which there can be national participation in the establishment and use of the system; and (6) provide for incentives for physicians to engage in electronic patient-provider interactions. (b) Other Federal Agencies.--The Administrator of the Centers for Medicare & Medicaid Services, the National Coordinator for Health Information Technology, the Director of the National Institutes of Health, the chief executive officer of the Veterans Health Administration, and the heads of other relevant Federal agencies, shall, upon request of the corporation-- (1) provide advice to the corporation concerning the technical characteristics of the system; (2) provide assistance to the corporation in the conduct of research and development activities relating to the system, including by furnishing to the corporation, upon request, on a reimbursable basis, such services as determined necessary for the most expeditious and economical development of the system; and (3) to the extent feasible, furnish other services, on a reimbursable basis, to the corporation in connection with the establishment and operation of the system. (c) Actions by the Corporation.--The corporation shall-- (1) develop plans for the technical specifications of all elements of the system, pursuant to the activities described under section 5(f); (2) ensure effective competition, including the use of competitive bidding where appropriate, in the procurement by the corporation of apparatus, equipment, and services required for the establishment and operation of the system; (3) ensure that eligible health care providers have equitable and nondiscriminatory access to-- (A) the system in a manner that provides for the payment of reasonable assessment for such use consistent with the ability to pay and the savings and benefits to be anticipated; (B) relevant classifications, practices, regulations, and other terms and conditions relating to the use of the system; and (C) available facilities of the system pursuant to regulations relating to the allocation of such facilities among the users thereof; (4) ensure that the facilities of the system are technically compatible and operationally interconnected with each other and facilitate interoperability among health information systems; (5) prescribe such accounting regulations and systems and, after public hearing and deliberation, engage in such ratemaking procedures as will ensure that any savings made possible by the system are appropriately reflected in rates for access to system services, by license or otherwise for those who utilize or benefit from the system, including the health insurance industry; (6) obtain the approval of the Secretary for the implementation of technical and privacy protection characteristics relating to the operation of the system; (7) authorize, construct, and operate such system facilities, networks, and programs as will best serve the public interest, convenience, and necessity, as determined after consultation with the Secretary; and (8) to the extent feasible, ensure that the system is compatible and interoperable with pre-existing health information technology equipment and systems. (d) Office of the National Coordinator for Health Information Technology.-- (1) In general.--There is established within the Office of the Secretary of Health and Human Services an Office of the National Coordinator for Health Information Technology. The Office shall be headed by a National Coordinator appointed by the President, in consultation with the Secretary of Health and Human Services. The National Coordinator shall report directly to the Secretary. (2) Rule of construction.--Nothing in this subsection shall be construed as requiring the duplication of Federal efforts with respect to the establishment of the Office of the National Coordinator for Health Information Technology, regardless of whether such efforts are carried out before or after the date of the enactment of this Act. SEC. 5. NATIONAL CORPORATION FOR HEALTH INFORMATION TECHNOLOGY AND PRIVACY. (a) Establishment.--There is authorized to be established a nonprofit national health information technology and privacy corporation which shall not be an agency or establishment of the United States. The corporation shall be subject to the provisions of this Act. (b) Incorporation.--Not later than 180 days after the date of enactment of this Act, the President, by and with the advice and consent of the Senate, shall appoint 9 incorporators of the corporation who shall serve as the initial board of directors until their successors are elected in accordance with subsection (c). Such incorporators shall take whatever actions are necessary to establish the corporation, including the filing of articles of incorporation, as approved by the President. (c) Board of Directors.-- (1) In general.--The corporation shall have a bipartisan board of directors that shall consist of 9 individuals who shall be citizens of the United States and be appointed by the President, by and with the advice and consent of the Senate. (2) Terms.--The terms of service of the members of the board of directors shall be 3 years or until such time as their successors have been appointed, except that of the first 9 members of the board appointed under subsection (b), 3 each shall serve for terms of 3, 4, and 5 years, respectively as designated by the President. Any member of the board appointed to fill a vacancy shall be appointed only for the unexpired term of the member which he or she is succeeding. A member may not serve consecutive terms. (3) Chairperson.--The members of the board of directors of the corporation shall at its first meeting and annually thereafter elect a member to serve as the chairperson of the board. (d) Chief Privacy Officer and Other Officers.-- (1) Chief privacy officer.-- (A) In general.--The president of the Corporation, in consultation with the board of directors, shall appoint a chief privacy officer of the corporation to ensure the confidentiality and security of patient medical records. (B) Duties.--The chief privacy officer of the corporation shall-- (i) ensure that the use of technologies by the corporation sustain, and do not erode, privacy protections relating to the use, collection, and disclosure of personal information; (ii) ensure that personal information contained in any records maintained as part of the technology and privacy system is maintained in full compliance with fair information practices as contained in the Privacy Act of 1974; (iii) evaluate legislative and regulatory proposals involving the collection, use, and disclosure of personal information by the Federal Government; (iv) Conduct a privacy impact assessment of proposed rules and procedures of the corporation on the privacy of personal information, including the type of personal information collected and the number of individuals affected; and (v) submit annually to Congress a report on activities of the corporation that affect privacy. (2) Other officers.--The corporation shall have a president, and such other officers as may be appointed by the board of directors, who shall be compensated at rates fixed by the board and serve at the pleasure of the board. No officer of the corporation shall receive any salary from any source other than the corporation during the period of employment by the corporation. (e) Financing.--The corporation is authorized to issue bonds, debentures, and such other financings or certificates of indebtedness as the board of directors determines appropriate to carry out its duties under this Act. (f) Authorized Activities.-- (1) General activities.--In order to achieve the objectives and to carry out the purposes of this Act, the corporation is authorized to-- (A) plan, initiate, construct, own, manage, and operate itself or in conjunction with State and local governments or business entities, a national health information technology and privacy system; (B) furnish, for fees where appropriate and subject to licenses and confidentiality and security requirements, access to individuals, and to authorized providers and payers of health care services; (C) specify rules for allowing access (in accordance with applicable privacy laws) to nonidentifiable health care data for public health and research purposes; and (D) own and operate such facilities as may be required to achieve the purposes of this Act. (2) Other activities.--In addition to the activities authorized under paragraph (1), the corporation, to accomplish the purposes of this Act, may-- (A) conduct, or enter into contracts for the conduct of, research and development activities related to the mission of the corporation; (B) acquire the physical facilities, equipment, and devices necessary for the operations of the corporation, including health information technologies and associated equipment and facilities, whether by construction, purchase, or gift; (C) purchase or otherwise acquire health information and related services from the United States Government; and (D) enter into contracts with authorized users of health information, including the United States Government, for the use of the services of the system. SEC. 6. BUSINESS PLAN AND ANNUAL REPORT. (a) Business Plan.--Not later than 6 months after the date on which the corporation is incorporated under section 5, the corporation shall file with the President and Congress its initial business plan. (b) Annual Report.--Not later than 1 year after the date on which the corporation is incorporated under section 5, and each January 1 thereafter, the corporation shall prepare and submit to Congress a report that shall include a comprehensive description of the activities and accomplishments during the year for which the report is prepared under this Act, together with an evaluation of such activities and accomplishments in terms of the attainment of the purposes of this Act. Each such report shall include any recommendations of the corporation for additional legislative or other action which the corporation may consider necessary or desirable for the attainment of such objectives. (c) Audits.--The corporation shall be subject to such external audits as may be determined appropriate by the Secretary. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as may be necessary to carry out this Act for each of fiscal years 2008 through 2017.

National Health Information Technology and Privacy Advancement Act of 2007 - Requires the Secretary of Health and Human Services to: (1) provide federal governmental assistance to the planning and development of, and provide for the implementation of, a national program for the establishment and operation of a national health information technology and privacy system; (2) ensure that timely arrangements are made under which there can be national participation in the establishment and use of the system; and (3) provide for incentives for physicians to engage in electronic patient-provider interactions. Establishes the Office of the National Coordinator for Health Information Technology. Authorizes the establishment of a nonprofit national health information technology and privacy corporation to: (1) plan, initiate, construct, own, manage, and operate a national health information technology and privacy system; (2) furnish access to individuals and to authorized providers and payers of health care services; and (3) specify rules for allowing access to non-identifiable health care data for public health and research purposes.

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SECTION 1. NATIONAL OILHEAT RESEARCH ALLIANCE ACT OF 2000. (a) Findings.--Section 702 of the National Oilheat Research Alliance Act of 2000 (42 U.S.C. 6201 note; Public Law 106-469) is amended by striking ``oilheat'' each place it appears and inserting ``oilheat fuel''. (b) Definitions.--Section 703 of the National Oilheat Research Alliance Act of 2000 (42 U.S.C. 6201 note; Public Law 106-469) is amended-- (1) by striking ``oilheat'' each place it appears (other than paragraph (10)) and inserting ``oilheat fuel''; (2) by striking paragraph (7) and inserting the following: ``(7) Oilheat fuel.--The term `oilheat fuel' means distillate liquid that is used as a fuel for nonindustrial commercial or residential space or hot water heating.''; (3) in paragraph (8), by striking ``Oilheat'' and inserting ``Oilheat fuel''; (4) in paragraph (14)-- (A) by striking ``No. 1 distillate or No. 2 dyed distillate'' each place it appears and inserting ``distillate liquid''; and (B) in subparagraph (B), by striking ``sells the distillate'' and inserting ``sells the distillate liquid''; (5) by redesignating paragraphs (3) through (13) and (14) as paragraphs (4) through (14) and (16), respectively, and moving paragraph (16) (as so redesignated) to appear after paragraph (15); and (6) by inserting after paragraph (2) the following: ``(3) Distillate liquid.--The term `distillate liquid' means-- ``(A) No. 1 distillate; ``(B) No. 2 dyed distillate; or ``(C) a liquid blended with No. 1 distillate or No. 2 dyed distillate.''. (c) Referenda.--Section 704 of the National Oilheat Research Alliance Act of 2000 (42 U.S.C. 6201 note; Public Law 106-469) is amended-- (1) by striking ``oilheat'' each place it appears and inserting ``oilheat fuel''; (2) by striking ``No. 1 distillate and No. 2 dyed distillate'' each place it appears in subsections (a) and (c) and inserting ``distillate liquid''; (3) in subsection (a)-- (A) in paragraph (5)(B), by striking ``Except as provided in subsection (b), the'' and inserting ``The''; and (B) in paragraph (6), by striking ``, No. 1 distillate, or No. 2 dyed distillate'' and inserting ``or distillate liquid''; and (4) in subsection (b), by striking ``under'' and inserting ``consistent with''. (d) Membership.--Section 705 of the National Oilheat Research Alliance Act of 2000 (42 U.S.C. 6201 note; Public Law 106-469) is amended-- (1) by striking ``oilheat'' each place it appears and inserting ``oilheat fuel''; (2) in subsection (b)(2), by striking ``No. 1 distillate and No. 2 dyed distillate'' and inserting ``distillate liquid''; and (3) by striking subsection (c) and inserting the following: ``(c) Number of Members.-- ``(1) In general.--The membership of the Alliance shall be as follows: ``(A) 1 member representing each State participating in the Alliance. ``(B) 5 representatives of retail marketers, of whom 1 shall be selected by each of the qualified State associations of the 5 States with the highest volume of annual oilheat fuel sales. ``(C) 5 additional representatives of retail marketers. ``(D) 21 representatives of wholesale distributors. ``(E) 6 public members, who shall be representatives of significant users of oilheat fuel, the oilheat fuel research community, State energy officials, or other groups with expertise in oilheat fuel. ``(2) Full-time owners or employees.-- ``(A) In general.--Except as provided in subparagraph (B), other than the public members of the Alliance, Alliance members shall be full-time managerial owners or employees of members of the oilheat fuel industry. ``(B) Employees.--Members described in subparagraphs (B), (C), and (D) of paragraph (1) may be employees of the qualified industry organization or an industry trade association.''. (e) Functions.--Section 706 of the National Oilheat Research Alliance Act of 2000 (42 U.S.C. 6201 note; Public Law 106-469) is amended by striking ``oilheat'' each place it appears and inserting ``oilheat fuel''. (f) Assessments.--Section 707 of the National Oilheat Research Alliance Act of 2000 (42 U.S.C. 6201 note; Public Law 106-469) is amended-- (1) by striking ``oilheat'' each place it appears and inserting ``oilheat fuel''; (2) by striking subsection (a) and inserting the following: ``(a) Rate.-- ``(1) In general.--The assessment rate for calendar years 2008 and 2009 shall be equal to \2/10\ of 1 cent per gallon of distillate liquid. ``(2) Subsequent assessments.--Subject to paragraphs (3) and (4), beginning with calendar year 2010, the annual assessment rate shall be sufficient to cover the costs of the plans and programs developed by the Alliance. ``(3) Maximum rate.--The annual assessment rate shall not exceed \1/2\ of 1 cent per gallon of distillate liquid. ``(4) Limitations on increase.-- ``(A) In general.--The annual assessment shall not be increased by more than \1/2\ of 1 cent per gallon in any 1 year. ``(B) Approval.--No increase in the assessment may occur unless the increase is approved by \2/3\ of the members voting at a regularly scheduled meeting of the Alliance. ``(C) Notice.--The Alliance shall provide notice of a change in assessment at least 90 days before the date on which the change is to take effect.''; (3) in subsection (b)-- (A) by striking ``No. 1 distillate or No. 2 dyed distillate'' each place it appears and inserting ``distillate liquid''; and (B) in paragraphs (2)(B) and (5)(B), by striking ``fuel'' each place it appears and inserting ``distillate liquid''; and (4) in subsection (c), by striking ``No. 1 distillate and No. 2 dyed distillate'' and inserting ``Distillate liquid''. (g) Market Survey and Consumer Protection.--Section 708 of the National Oilheat Research Alliance Act of 2000 (42 U.S.C. 6201 note; Public Law 106-469) is amended by striking ``oilheat'' each place it appears and inserting ``oilheat fuel''. (h) Violations.--Section 712(a) of the National Oilheat Research Alliance Act of 2000 (42 U.S.C. 6201 note; Public Law 106-469) is amended-- (1) in paragraph (2), by striking ``oilheat'' and inserting ``oilheat fuel''; and (2) by striking paragraph (3) and inserting the following: ``(3) a direct reference to a competing product.''. (i) Repeal of Sunset.--Section 713 of the National Oilheat Research Alliance Act of 2000 (42 U.S.C. 6201 note; Public Law 106-469) is repealed.

Amends the National Oilheat Research Alliance Act of 2000 to adjust its focus upon oilheat to a focus upon oilheat fuel. Defines "oilheat fuel" as distillate liquid used as a fuel for nonindustrial commercial or residential space or hot water heating. Makes technical and conforming amendments. Revises the membership of the National Oilheat Research Alliance. Provides that, other than the public members of the Alliance, members shall be full-time managerial owners or employees of members of the oilheat fuel industry. Revises assessment requirements. States that the assessment rate for calendar years 2008 and 2009 shall be equal to two-tenths of 1% per gallon of distillate liquid (currently, No. 1 distillate and No. 2 dyed distillate). Declares that, beginning with calendar year 2010, the annual assessment rate shall be sufficient to cover the costs of the plans and programs developed by the Alliance. Sets forth: (1) a maximum assessment rate; and (2) limitations on any assessment increase. Prohibits any consumer education activity undertaken with funds derived from Alliance assessments from including a direct reference to a competing product. Repeals the termination date for the Act (thus making it permanent).

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Clean, Low-Emission, Affordable, New Transportation Efficiency Act''. SEC. 2. TRANSPORTATION ALTERNATIVES. (a) In General.--Subtitle III of title 49, United States Code, is amended by adding at the end the following: ``CHAPTER 63--TRANSPORTATION ALTERNATIVES ``Sec. 6301. Definitions ``In this chapter: ``(1) Administrator.--The term `Administrator' means Administrator of the Environmental Protection Agency. ``(2) Charrette.--The term `charrette' means a open, collaborative design session held over the course of 2 or more days-- ``(A) that includes participation by stakeholders and the public; ``(B) that involves a collaborative process with a series of short feedback loops; and ``(C) the purpose of which is to produce 2 or more feasible Plans. ``(3) Fund.--The term `Fund' means the Low Greenhouse Gas Transportation Fund established by section 6302(a)(1). ``(4) Intercity passenger rail service.-- ``(A) In general.--The term `intercity passenger rail service' has the meaning given the term `intercity rail passenger transportation' in section 24102. ``(B) Inclusion.--The term `intercity passenger rail service' includes high-speed rail service. ``(5) MPO.--The term `MPO' means a metropolitan planning organization designated under section 134(b) of title 23 that, as of the most recent decennial census, represents more than 200,000 individuals. ``(6) Plan.--The term `Plan' means a transportation greenhouse gas reduction plan covering a period of at least 10 years developed under section 6304(a). ``(7) Scenario analysis.--The term `scenario analysis' means an analysis that is conducted by identifying different trends and making projections based on those trends to develop a range of scenarios and estimates of how each scenario could improve mobility and affect rates of-- ``(A) vehicle miles traveled; ``(B) use of petroleum-derived transportation fuel; and ``(C) greenhouse gas emissions from the transportation sector. ``(8) State.--The term `State' means-- ``(A) a State; ``(B) the District of Columbia; and ``(C) the Commonwealth of Puerto Rico. ``Sec. 6302. Fund ``(a) Establishment.--There is established in the Treasury of the United States a fund to be known as the `Low Greenhouse Gas Transportation Fund', consisting of such amounts as are deposited in the Fund under section 6303(c). ``(b) Expenditures From Fund.-- ``(1) In general.--Subject to section 6303(c), on request by the Secretary, the Secretary of the Treasury shall transfer from the Fund to the Secretary such amounts as the Secretary determines are necessary to provide assistance for use in implementing projects under Plans developed under section 6308(b). ``(2) Administrative expenses.--An amount not exceeding 10 percent of the amounts in the Fund shall be available for each fiscal year to pay the administrative expenses necessary to carry out this Act. ``(c) Transfers of Amounts.-- ``(1) In general.--The amounts required to be transferred to the Fund under this section shall be transferred at least monthly from the general fund of the Treasury to the Fund on the basis of estimates made by the Secretary of the Treasury. ``(2) Adjustments.--Proper adjustment shall be made in amounts subsequently transferred to the extent prior estimates were in excess of or less than the amounts required to be transferred. ``Sec. 6303. Auctioning ``(a) In General.--For each of calendar years 2012 through 2050, the Administrator shall auction 10 percent of the emission allowances established for each of those calendar years under any program in effect providing for the regulation of greenhouse gas emissions and the auctioning of emission allowances that is administered by the Administrator. ``(b) Timing.--The auctions required for each calendar year specified in paragraph (1) shall be conducted over the course of at least 4 sessions, spaced evenly over a period beginning 330 days before, and ending 60 days after, the beginning of each such calendar year. ``(c) Deposit of Proceeds.--The Administrator shall deposit in the Fund the proceeds from each auction conducted under this section. ``Sec. 6304. Plans ``(a) Goal.--Each State and MPO shall establish the goal of reducing greenhouse gas emissions from the transportation sector during the 10 years following the date of enactment of this chapter through-- ``(1) the increase in mobility options; ``(2) the reduction of vehicle miles traveled; and ``(3) the use of petroleum-derived transportation fuel. ``(b) Development of Plans.--Each State and MPO shall develop a transportation greenhouse gas reduction plan, and a prioritized list of projects the support the plan, that are integrated into the long-range transportation and transportation improvement plans of the State or MPO to work toward achieving the goal established by the State or MPO under subsection (a) through investment in-- ``(1) new transit projects eligible for assistance under chapter 53 (or the expansion of operations or frequency of existing transit service); ``(2) an intercity passenger rail project for-- ``(A)(i) the acquisition, construction, improvement, or inspection of equipment, track and track structures, or a facility for use in or for the primary benefit of intercity passenger rail service; ``(ii) expenses incidental to that acquisition or construction (including expenses for designing, engineering, location surveying, mapping, environmental studies, and acquisition of rights-of-way); ``(iii) payments for the capital portions of rail trackage rights agreements; ``(iv) highway-rail grade crossing improvements relating to intercity passenger rail service; ``(v) security; ``(vi) mitigation of environmental impacts; ``(vii) communication and signalization improvements; ``(viii) relocation assistance; ``(ix) acquisition of replacement housing sites; and ``(x) acquisition, construction, relocation, and rehabilitation of replacement housing; ``(B) rehabilitating, remanufacturing, or overhauling rail rolling stock and facilities used primarily in intercity passenger rail service; and ``(C) costs associated with developing State rail plans; ``(3) sidewalks, crosswalks, bicycle paths, greenways, pedestrian signals, pavement marking, traffic calming techniques, modification of public sidewalks (including projects to achieve compliance with the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.)), and other strategies to encourage pedestrian and bike travel; ``(4) additional freight rail capacity, particularly if the capacity-- ``(A) relieves a freight bottleneck designated by the Secretary as causing poor on-time performance for intercity rail passenger trains; or ``(B) expands intercity or commuter rail capacity; ``(5) carpool, vanpool, or car-share projects; ``(6) updates to zoning and other land use regulations and plans-- ``(A) to coordinate with local, regional, and State plans; or ``(B) to support infill, transit-oriented development, or mixed-use development; ``(7) improvements in-- ``(A) travel and land-use data collection; and ``(B) travel models to better measure greenhouse gas emissions and emission reductions; or ``(8) the transportation control measures described in clauses (i) through (xv) of section 108(f)(1)(A), or section 211, of the Clean Air Act (42 U.S.C. 7408(f)(1)(A), 7545). ``(c) Submission and Updating.--Each Plan shall be-- ``(1) submitted to the Secretary not later than 2 years after the date of enactment of this chapter; and ``(2) updated every 4 years thereafter, including with analysis regarding achievement of the goals of the Plan. ``(d) Certification.-- ``(1) In general.--Subject to section 6306(b), not later than 180 days after the date of submission of a Plan under subsection (c)(1), the Secretary, in consultation with the Administrator, shall determine and certify whether-- ``(A) the Plan is likely to achieve the goal established by the State or MPO, as the case may be, under subsection (a); and ``(B) the development of the plan has complied with subsection (e). ``(2) Previously developed plans.--If a State or MPO develops a plan to reduce greenhouse gas emissions from the transportation sector before the date of enactment of this chapter, the State or MPO shall not be eligible to receive a distribution of funds under section 6308 unless the Secretary, in consultation with the Administrator, first determines and certifies that the plan meets the requirements of this chapter. ``(e) Public Involvement, Coordination, and Consultation.--Each Plan shall be developed-- ``(1) using transportation and economic development scenario analysis and strong public and stakeholder involvement, including-- ``(A) public comment periods; ``(B) scenario planning; ``(C) the most recent models; and ``(D) public charrettes; ``(2) with strong regional coordination, including between each MPO and the State in which the MPO is located and with other MPOs located within that State; and ``(3) in consultation with State and local housing, economic development, land use, environmental, and transportation agencies. ``(f) Incorporation of MPO Plans.--Each State shall incorporate, without modification, into the Plan of the State the final Plans of MPOs located within the State. ``Sec. 6305. Study ``To maximize greenhouse gas emission reductions from the transportation sector, the Secretary and the Administrator shall enter into an arrangement with the Transportation Research Board of the National Academy of Sciences under which that Board shall submit to the Administrator and the Secretary, not later than 1 year after the date of enactment of this chapter, a report containing recommendations-- ``(1) for use in improving research and tools to assess the effect of transportation plans and land use plans on motor vehicle use rates and transportation sector greenhouse gas emissions; ``(2) for use in improving Federal Government data sources that are necessary to assess greenhouse gas emission data from the transportation sector for use in developing Plans; and ``(3) regarding policies to effectively reduce greenhouse gas emissions from the transportation sector. ``Sec. 6306. Technical standards ``(a) In General.--Not later than 2 years after the date of enactment of this chapter, based on any recommendations contained in the reports submitted under paragraphs (1) and (2) of section 6305, and every 5 years thereafter, the Secretary, in consultation with the Administrator, shall establish or update, as appropriate, standards for transportation data collection, monitoring, planning, and modeling. ``(b) Effect on Certification.--The Secretary shall not certify any Plan under section 6304(d) until such time as standards for transportation data collection, monitoring, planning, and modeling are established under subsection (a). ``Sec. 6307. Report ``Not later than 5 years after the date of enactment of this chapter, and every 5 years thereafter, the Administrator shall submit to the committees of the Senate and the House of Representatives having jurisdiction over transportation and climate change a report that describes-- ``(1) the aggregate reduction in greenhouse gas emissions from the transportation sector expected as a result of the development and implementation of the Plans; ``(2) the impact of other Federal policies and programs on this chapter; ``(3) changes to Federal law that could improve the performance of the Plans; and ``(4) regulatory changes planned to improve the performance of the Plans. ``Sec. 6308. Funding ``(a) Development and Updating of Plans.--The Secretary shall use 5 percent of the funds deposited in the Fund for each fiscal year to support the development and updating of Plans under section 6304. ``(b) Implementation of Plans.-- ``(1) In general.--The Secretary shall use 10 percent of the funds deposited in the Fund for each fiscal year-- ``(A) to support the implementation of Plans; and ``(B) to fund the projects described in Plans as being necessary to meet the goals established by the States or MPOs submitting the Plans. ``(2) Formula.--The Secretary, in coordination with the Administrator, shall establish and regularly update a formula for the distribution of funds in accordance with paragraph (1) that-- ``(A) reflects the expected per capita reduction in greenhouse gas emissions expected as a result of implementation of each Plan certified under section 6304(d); ``(B) ensures that at least 50 percent of the funds are used to implement Plans certified under section 6304(d) that are developed by MPOs; ``(C) emphasizes Plans that increase transportation options and mobility, particularly for low-income individuals, minorities, the elderly, zero-car households, and the disabled; and ``(D) during the first 5 years after the date of enactment of this chapter, takes into consideration reductions in greenhouse gas emissions achieved by States and MPOs under Plans certified under section 6304(d). ``(3) Cost-sharing.--The Federal share of a project described in paragraph (1)(B) that is carried out using funds made available under this section shall be 80 percent.''. (b) Conforming Amendment.--The analysis for subtitle III of title 49, United States Code, is amended by inserting after the item relating to chapter 61 the following: ``CHAPTER 63--Transportation Alternatives ``Sec. ``6301. Definitions. ``6302. Fund. ``6303. Auctioning. ``6304. Plans. ``6305. Study. ``6306. Technical standards. ``6307. Report. ``6308. Funding.''.

Clean, Low-Emission, Affordable, New Transportation Efficiency Act - Establishes the Low Greenhouse Gas Transportation Fund. Requires the Administrator of the Environmental Protection Agency (EPA), for each of calendar 2012-2050, to auction 10% of emission allowances established under any EPA program providing for the reduction of greenhouse gas emissions and the auctioning of emission allowances. Requires deposit of auction proceeds into the Fund to implement state and metropolitan planning organization (MPO) greenhouse gas emission reduction plans, and provide funding to transit projects that help reduce such emissions. Requires states and MPOs to: (1) establish goals for reducing greenhouse gas emissions from the transportation sector for the next 10 years; and (2) develop transportation greenhouse gas emission reduction plans, updated quadrennially, including supporting lists of prioritized transit projects, that are integrated into state and MPO long-range transportation and transportation improvement plans. Directs the Secretary of Transportation and the EPA Administrator to arrange with the Transportation Research Board of the National Academy of Sciences to study and report recommendations for improving research tools and federal data sources necessary to assess the effect of transportation and land use plans on motor vehicle use rates and transportation sector greenhouse gas emissions.

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SECTION 1. VOLUNTARY SEPARATION INCENTIVES FOR EMPLOYEES OF THE AGENCY FOR INTERNATIONAL DEVELOPMENT. (a) Definitions.--For the purposes of this Act-- (1) the term ``agency'' means the Agency for International Development; (2) the term ``Administrator'' means the Administrator, Agency for International Development; and (3) the term ``employee'' means an employee (as defined by section 2105 of title 5, United States Code) who is employed by the agency, is serving under an appointment without time limitation, and has been currently employed for a continuous period of at least 12 months, but does not include-- (A) any employee who, upon separation and application, would then be eligible for an immediate annuity under subchapter III of chapter 83 (except for section 8336(d)(2)) or chapter 84 (except for section 8414(b)(1)(B)) of title 5, United States Code, or corresponding provisions of another retirement system for employees of the agency; (B) a reemployed annuitant under subchapter III of chapter 83 or chapter 84 of title 5, United States Code, or another retirement system for employees of the agency; (C) an employee having a disability on the basis of which such employee is or would be eligible for disability retirement under the applicable retirement system referred to in subparagraph (A); (D) an employee who is to be separated involuntarily for misconduct or unacceptable performance, and to whom specific notice has been given with respect to that separation; (E) an employee who, upon completing an additional period of service, as referred to in section 3(b)(2)(B)(ii) of the Federal Workforce Restructuring Act of 1994 (5 U.S.C. 5597 note), would qualify for a voluntary separation incentive payment under section 3 of such Act; (F) an employee who has previously received any voluntary separation incentive payment by the Government of the United States under this Act or any other authority and has not repaid such payment; (G) an employee covered by statutory reemployment rights who is on transfer to another organization; or (H) any employee who, during the 24-month period preceding the date of separation, received a recruitment or relocation bonus under section 5753 of title 5, United States Code, or who, within the 12-month period preceding the date of separation, received a retention allowance under section 5754 of such title 5. (b) Agency Strategic Plan.-- (1) In general.--The Administrator, before obligating any resources for voluntary separation incentive payments under this Act, shall submit to the House and Senate Committees on Appropriations and the Committee on Governmental Affairs of the Senate and the Committee on Government Reform and Oversight of the House of Representatives a strategic plan outlining the intended use of such incentive payments and a proposed organizational chart for the agency once such incentive payments have been completed. (2) Contents.--The agency's plan shall include-- (A) the positions and functions to be reduced or eliminated, identified by organizational unit, geographic location, occupational category and grade level; (B) the number and amounts of voluntary separation incentive payments to be offered; and (C) a description of how the agency will operate without the eliminated positions and functions. (c) Authority To Provide Voluntary Separation Incentive Payments.-- (1) In general.--A voluntary separation incentive payment under this Act may be paid by the agency to not more than 100 employees of such agency and only to the extent necessary to eliminate the positions and functions identified by the strategic plan. (2) Amount and treatment of payments.--A voluntary separation incentive payment under this Act-- (A) shall be paid in a lump sum after the employee's separation; (B) shall be paid from appropriations or funds available for the payment of the basic pay of the employees; (C) shall be equal to the lesser of-- (i) an amount equal to the amount the employee would be entitled to receive under section 5595(c) of title 5, United States Code, if the employee were entitled to payment under such section; or (ii) an amount determined by the agency head not to exceed $25,000; (D) may not be made except in the case of any employee who voluntarily separates (whether by retirement or resignation) before February 1, 1997; (E) shall not be a basis for payment, and shall not be included in the computation, of any other type of Government benefit; and (F) shall not be taken into account in determining the amount of any severance pay to which the employee may be entitled under section 5595 of title 5, United States Code, based on any other separation. (d) Additional Agency Contributions to the Retirement Fund.-- (1) In general.--In addition to any other payments which it is required to make under subchapter III of chapter 83 or chapter 84 of title 5, United States Code, the agency shall remit to the Office of Personnel Management for deposit in the Treasury of the United States to the credit of the Civil Service Retirement and Disability Fund an amount equal to 15 percent of the final basic pay of each employee of the agency who is covered under subchapter III of chapter 83 or chapter 84 of title 5, United States Code, to whom a voluntary separation incentive has been paid under this Act. (2) Definition.--For the purpose of paragraph (1), the term ``final basic pay'', with respect to an employee, means the total amount of basic pay which would be payable for a year of service by such employee, computed using the employee's final rate of basic pay, and, if last serving on other than a full-time basis, with appropriate adjustment therefor. (e) Effect of Subsequent Employment With the Government.--An individual who has received a voluntary separation incentive payment under this Act and accepts any employment for compensation with the Government of the United States, or who works for any agency of the Government of the United States through a personal services contract, within 5 years after the date of the separation on which the payment is based shall be required to pay, prior to the individual's first day of employment, the entire amount of the incentive payment to the agency that paid the incentive payment. (f) Reduction of Agency Employment Levels.-- (1) In general.--The total number of funded employee positions in the agency shall be reduced by one position for each vacancy created by the separation of any employee who has received, or is due to receive, a voluntary separation incentive payment under this Act. For the purposes of this subsection, positions shall be counted on a full-time-equivalent basis. (2) Enforcement.--The President, through the Office of Management and Budget, shall monitor the agency and take any action necessary to ensure that the requirements of this subsection are met. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Directs the Administrator of the Agency for International Development (AID), before obligating any resources for voluntary separation incentive payments, to submit to specified congressional committees a strategic plan outlining the intended use of such payments and a proposed organizational chart for the agency once they have been completed. Authorizes lump sum payments of up to $25,000 each to no more than 100 AID employees to the extent necessary to eliminate the positions and functions identified by the strategic plan. Requires AID to deposit in the Treasury to the credit of the Civil Service Retirement and Disability Fund an amount equal to 15 percent of the final basic pay of each employee to whom a voluntary separation incentive payment is paid. Requires repayment of any voluntary separation incentive payment by an individual who accepts any subsequent employment with the Government within five years after the date of separation. Mandates a reduction in total full-time equivalent positions of AID by one for each employee receiving a voluntary separation incentive payment.

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SECTION 1. ADDITIONAL AUTHORIZATION FOR IMPROVEMENTS TO SITE SECURITY. The Reclamation Safety of Dams Act of 1978 is amended-- (1) in section 2 (43 U.S.C. 506), by inserting ``and site security'' after ``structural safety''; (2) in section 3 (43 U.S.C. 507), by inserting ``and site security'' after ``dam safety''; and (3) in section 4 (43 U.S.C. 508)-- (A) in subsection (c)-- (i) in the matter preceding paragraph (1), by inserting after ``safety purposes'' the following: ``and all costs incurred for building and site security activities (including facility fortifications, operation, maintenance and replacement of the fortifications, and guards and patrols, as identified in the Bureau of Reclamation's Report to Congress dated February 2006)''; (ii) by inserting after paragraph (2) the following: ``(3) In the case of the Central Valley Project of California-- ``(A) the Secretary shall collect dam safety and site security costs allocated to irrigation and municipal and industrial water service exclusively through inclusion of the costs in the operation and maintenance rates, capital water rates, or a combination of operation and maintenance rates and capital water rates; and ``(B) dam safety and site security costs allocated to irrigation and municipal and industrial water service shall not be segregated from other project operation, maintenance, or capital costs for separate allocation or repayment.''; and (iii) by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively; and (B) in subsection (e)-- (i) in paragraph (1), by inserting ``or site security measure'' after ``modification''; and (ii) in paragraph (2), by inserting ``or site security measure'' after ``modification''. SEC. 2. REPORTS. The Reclamation Safety of Dams Act of 1978 is amended-- (1) in section 5 (43 U.S.C. 509)-- (A) in the first sentence-- (i) by striking ``There are hereby'' and inserting the following: ``(a) In General.--There are''; and (ii) by striking ``Act:'' and inserting ``Act.''; (B) in the proviso-- (i) by striking ``Provided, That no funds'' and inserting the following: ``(b) Limitation.-- ``(1) In general.--No funds''; (ii) by inserting after ``under authority of this Act'' the following: ``, the cause of which results from new hydrologic or seismic data or changes in the state-of-the-art criteria determined to be necessary for site security or structural safety purposes,''; and (iii) by striking ``The report required to be submitted by this section'' and inserting the following: ``(2) Report.--The report required under paragraph (1)''; and (C) by adding at the end the following: ``(c) Annual Report.-- ``(1) In general.--The Secretary shall submit to the Committee on Resources of the House of Representatives and the Committee Energy and Natural Resources of the Senate an annual report on building and site security measures carried out under this Act during the applicable fiscal year. ``(2) Components.--The report required under paragraph (1) shall include-- ``(A) a summary of Federal and non-Federal expenditures for the fiscal year; and ``(B) information relating to a 5-year plan for building and site security measures carried out under this Act, which shall provide pre- and post-September 11, 2001, costs for the building and site security measures.''; and (2) in section 5A (43 U.S.C. 509a)-- (A) in subsection (c)-- (i) in paragraph (1), by striking ``under section 5'' and inserting ``under section 5(b)''; and (ii) in paragraph (3)-- (I) by striking ``The response'' and inserting ``If a modification is the result of new hydrologic or seismic data or changes in the state-of-the-art criteria determined to be necessary for structural safety purposes, the response''; and (II) by striking ``by section 5'' and inserting ``under section 5(b)''; (B) in subsection (d), by inserting ``site'' before ``security''; and (C) by inserting ``or site security measure'' after ``modification'' each place it appears.

Amends the Reclamation Safety of Dams Act of 1978 to authorize the Secretary of the Interior to make modifications that are reasonably required to preserve the site security of Bureau of Reclamation dams and related facilities. Provides for specified reimbursement for costs incurred for building and site security activities. Requires dam safety and site security costs allocated to irrigation, municipal, and industrial water service for the Central Valley Project, California, to be collected by the Secretary exclusively through inclusion of such costs in operation and maintenance rates, capital water rates, or a combination of both, not segregated from other project costs for separate allocation or repayment. Directs the Secretary, during site security-related construction, to consider cost containment measures. Prohibits the obligation of funds exceeding a specified amount for carrying out actual construction to modify an existing dam, the cause of which results from new hydrologic or seismic data or changes in the state-of-the-art criteria deemed necessary for site security or structural safety purposes, prior to 30 calendar days after the Secretary has transmitted a report on such existing dam to Congress. Requires the Secretary to: (1) report annually to Congress on building and site measures carried out during the applicable fiscal year (including a summary of expenditures and information relating to a five-year plan for security measures detailed to show pre- and post-September 11, 2001 costs); (2) provide written notice to project beneficiaries upon identifying a Bureau facility for a site security measure; and (3) include in required reports the Secretary's response when a modification is the result of new data deemed necessary for structural safety purposes. Authorizes the Secretary to waive reporting requirements that could adversely impact site security.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Telework Tax Incentive Act''. SEC. 2. FINDINGS. The Congress finds as follows: (1) Federal, State, and local governments spend billions of dollars annually on the Nation's transportation needs. (2) Congestion on the Nation's roads costs over $63,000,000,000 annually in lost work time, fuel consumption, and costs of infrastructure and equipment repair. (3) On average, on-road-vehicles contribute 34 percent of nitrogen oxides emissions. (4) It is estimated that staying at home to work requires 3 times less energy consumption than commuting to work. (5) In 2000, it was reported that if an identified 10 to 20 percent of commuters switched to teleworking, 1,800,000 tons of regulated pollutants would be eliminated, 3,500,000,000 gallons of gas would be saved, 3,100,000,000 hours of personal time would be freed up, and maintenance and infrastructure costs would decrease by $500,000,000 annually because of reduced congestion and reduced vehicle miles traveled. (6) The average American daily commute is 49 minutes for a 24-mile round-trip (a total of 100 hours per year). (7) The increase in work from 1969 to 1996, the increase in hours mothers spend in paid work, combined with a shift toward single-parent families resulted in families on average experiencing a decrease of 22 hours a week (14 percent) in parental time available outside of paid work they could spend with their children. (8) Today 60 percent of the workforce is involved in information work (an increase of 43 percent since 1990) allowing and encouraging decentralization of paid work to occur. (9) Estimates indicate that about 40,000,000 Americans are currently teleworking. SEC. 3. CREDIT FOR TELEWORKING. (a) In General.--Subpart B of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to foreign tax credit, etc.) is amended by adding at the end the following new section: ``SEC. 30B. TELEWORKING CREDIT. ``(a) Allowance of Credit.--In the case of an eligible taxpayer, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the qualified teleworking expenses paid or incurred by the taxpayer during such year. ``(b) Maximum Credit.-- ``(1) Per teleworker limitation.--The credit allowed by subsection (a) for a taxable year with respect to qualified teleworking expenses paid or incurred by or on behalf of an individual teleworker shall not exceed $500. ``(2) Reduction for teleworking less than full year.--In the case of an individual who is in a teleworking arrangement for less than a full taxable year, the amount referred to paragraph (1) shall be reduced by an amount which bears the same ratio to $500 as the number of months in which such individual is not in a teleworking arrangement bears to 12. For purposes of the preceding sentence, an individual shall be treated as being in a teleworking arrangement for a month if the individual is subject to such arrangement for any day of such month. ``(c) Definitions.--For purposes of this section-- ``(1) Eligible taxpayer.--The term `eligible taxpayer' means-- ``(A) in the case of an individual, an individual who performs services for an employer under a teleworking arrangement, and ``(B) in the case of an employer, an employer for whom employees perform services under a teleworking arrangement. ``(2) Teleworking arrangement.--The term `teleworking arrangement' means an arrangement under which an employee teleworks for an employer not less than 75 days per year. ``(3) Qualified teleworking expenses.--The term `qualified teleworking expenses' means expenses paid or incurred under a teleworking arrangement for furnishings and electronic information equipment which are used to enable an individual to telework. ``(4) Telework.--The term `telework' means to perform work functions, using electronic information and communication technologies, thereby reducing or eliminating the physical commute to and from the traditional worksite. ``(d) Limitation Based on Amount of Tax.-- ``(1) Liability for tax.--The credit allowable under subsection (a) for any taxable year shall not exceed the excess (if any) of-- ``(A) the regular tax for the taxable year, reduced by the sum of the credits allowable under subpart A and the preceding sections of this subpart, over ``(B) the tentative minimum tax for the taxable year. ``(2) Carryforward of unused credit.--If the amount of the credit allowable under subsection (a) for any taxable year exceeds the limitation under paragraph (1) for the taxable year, the excess shall be carried to the succeeding taxable year and added to the amount allowable as a credit under subsection (a) for such succeeding taxable year. ``(e) Special Rules.-- ``(1) Basis reduction.--The basis of any property for which a credit is allowable under subsection (a) shall be reduced by the amount of such credit (determined without regard to subsection (d)). ``(2) Recapture.--The Secretary shall, by regulations, provide for recapturing the benefit of any credit allowable under subsection (a) with respect to any property which ceases to be property eligible for such credit. ``(3) Property used outside united states not qualified.-- No credit shall be allowed under subsection (a) with respect to any property referred to in section 50(b)(1) or with respect to the portion of the cost of any property taken into account under section 179. ``(4) Election to not take credit.--No credit shall be allowed under subsection (a) for any expense if the taxpayer elects to not have this section apply with respect to such expense. ``(5) Denial of double benefit.--No deduction or credit (other than under this section) shall be allowed under this chapter with respect to any expense which is taken into account in determining the credit under this section.''. (b) Conforming Amendments.-- (1) Subsection (a) of section 1016 of the Internal Revenue Code of 1986 is amended by striking ``and'' at the end of paragraph (30), by striking the period at the end of paragraph (31) and inserting ``, and'', and by adding at the end the following new paragraph: ``(32) to the extent provided in section 30B(e)(1), in the case of amounts with respect to which a credit has been allowed under section 30B.''. (2) Section 55(c)(3) of such Code is amended by inserting ``30B(d),'' after ``30(b)(3),''. (3) Section 6501(m) of such Code is amended by inserting ``30B(e)(4),'' after ``30(d)(4),''. (c) Clerical Amendment.--The table of sections for subpart B of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: ``Sec. 30B. Teleworking credit.''. (d) Effective Date.--The amendments made by this section shall apply to amounts paid or incurred after the date of the enactment of this Act, in taxable years ending after such date.

Telework Tax Incentive Act - Amends the Internal Revenue Code to allow a tax credit for telework expenses. Defines "telework" as the use of electronic information and communication technologies to perform work functions, thereby reducing or eliminating the physical commute to and from a traditional worksite. Limits the annual amount of such credit to $500.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Clean Coal Power Initiative Act of 2001''. SEC. 2. FINDINGS. Congress finds that-- (1) reliable, affordable, increasingly clean electricity will continue to power the growing United States economy; (2) an increasing use of electrotechnologies, the desire for continuous environmental improvement, a more competitive electricity market, and concerns about rising energy prices add importance to the need for reliable, affordable, increasingly clean electricity; (3) coal, which, as of the date of enactment of this Act, accounts for more than \1/2\ of all electricity generated in the United States, is the most abundant fossil energy resource of the United States; (4) coal comprises more than 85 percent of all fossil resources in the United States and exists in quantities sufficient to supply the United States for 250 years at current usage rates; (5) investments in electricity generating facility emissions control technology over the past 30 years have reduced the aggregate emissions of pollutants from coal-based generating facilities by 21 percent, even as coal use for electricity generation has nearly tripled; and (6) continued environmental improvement in coal-based generation through continued research, development, demonstration, and commercial application toward an ultimate goal of near-zero emissions is important and desirable. SEC. 3. CLEAN COAL POWER INITIATIVE. (a) In General.--The Secretary of Energy (in this Act referred to as the ``Secretary'') shall carry out a program of research on and development, demonstration, and commercial application of clean coal technologies under-- (1) this Act; (2) the Federal Nonnuclear Energy Research and Development Act of 1974 (42 U.S.C. 5901 et seq.); (3) the Energy Reorganization Act of 1974 (42 U.S.C. 5801 et seq.); and (4) title XIII of the Energy Policy Act of 1992 (42 U.S.C. 13331 et seq.). (b) Conditions.--The research, development, demonstration, and commercial application program described in subsection (a) shall be designed to achieve cost and performance-based goals established by the Secretary under section 4. SEC. 4. COST AND PERFORMANCE-BASED GOALS. (a) Review and Assessment.--The Secretary shall perform an assessment that establishes measurable cost and performance-based goals for 2005, 2010, 2015, and 2020 for the programs authorized by this Act. Such assessment shall be based on the latest scientific and technical knowledge, and shall also take into consideration, as appropriate, the comparative environmental impacts (including emissions of greenhouse gases) of the energy saved or produced by specific programs. (b) Consultation.--In establishing the measurable cost and performance-based goals under subsection (a), the Secretary shall consult with the private sector, institutions of higher learning, national laboratories, environmental organizations, professional and technical societies, and any other persons as the Secretary considers appropriate. (c) Schedule.--The Secretary shall-- (1) issue and publish in the Federal Register a set of draft measurable cost and performance-based goals for the programs authorized by this Act for public comment-- (A) in the case of a program established before the date of the enactment of this Act, not later than 120 days after the date of the enactment of this Act; and (B) in the case of a program not established before the date of the enactment of this Act, not later than 120 days after the date of establishment of the program; (2) not later than 60 days after the date of publication under paragraph (1), after taking into consideration any public comments received, transmit to the Congress and publish in the Federal Register the final measurable cost and performance- based goals; and (3) update all such cost and performance-based goals on a biennial basis. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. (a) Clean Coal Power Initiative.--Except as provided in subsection (c), there are authorized to be appropriated to the Secretary to carry out the Clean Coal Power Initiative under section 3 $200,000,000 for each of the fiscal years 2002 through 2011, to remain available until expended. (b) Other Coal and Related Technologies Programs.--Except as provided in subsection (c), there are authorized to be appropriated to the Secretary $172,000,000 for fiscal year 2002, $179,000,000 for fiscal year 2003, and $186,000,000 for fiscal year 2004, to remain available until expended, for other coal and related technologies research and development programs, which shall include-- (1) Innovations for Existing Plants; (2) Integrated Gasification Combined Cycle; (3) advanced combustion systems; (4) Turbines; (5) Sequestration Research and Development; (6) innovative technologies for demonstration; (7) Transportation Fuels and Chemicals; (8) Solid Fuels and Feedstocks; (9) Advanced Fuels Research; and (10) Advanced Research. (c) Limit on Use of Funds.--Notwithstanding subsections (a) and (b), no funds may be used to carry out the activities authorized by this Act after September 30, 2002, unless the Secretary has transmitted to the Congress the report required by this subsection and 1 month have elapsed since that transmission. The report shall include-- (1) with respect to subsection (a), a 10-year plan containing-- (A) a detailed assessment of whether the aggregate funding levels provided under subsection (a) are the appropriate funding levels for that program; (B) a detailed description of how proposals will be solicited and evaluated, including a list of all demonstration activities expected to be undertaken; (C) a detailed list of technical milestones for each coal and related technology that will be pursued; (D) recommendations for a mechanism for recoupment of Federal funding for successful commercial projects; and (E) a detailed description of how the program will avoid problems enumerated in General Accounting Office reports on the Clean Coal Technology Program, including problems that have resulted in unspent funds and projects that failed either financially or scientifically; (2) with respect to subsection (b), a plan containing-- (A) a detailed description of how proposals will be solicited and evaluated, including a list of all demonstration activities expected to be undertaken; and (B) a detailed list of technical milestones for each coal and related technology that will be pursued; and (3) a description of how the programs will be carried out under subsection (a) and subsection (b) so as to complement each other and not duplicate activities. (d) Applicability.--Subsection (c) shall not apply to any program, project, or activity begun before September 30, 2001. SEC. 6. PROJECT CRITERIA. (a) In General.--The Secretary shall not provide funding for any research, development, demonstration, or commercial application of coal and related technologies that do not advance efficiency, environmental performance, and cost competitiveness well beyond the level of technologies that are in operation or have been demonstrated as of the date of the enactment of this Act. (b) Technical Criteria for Clean Coal Power Initiative.-- (1) Sequestration and gasification.--(A) In allocating the funds authorized under section 5(a), the Secretary shall ensure that at least 80 percent of the funds are used only for projects on carbon sequestration, or coal-based gasification technologies, including gasification combined cycle, gasification fuel cells, gasification coproduction and hybrid gasification/combustion. (B) The Secretary shall set technical milestones specifying emissions levels that coal gasification projects must be designed to and reasonably expected to achieve. The milestones shall get more restrictive through the life of the program. The milestones shall be designed to achieve by 2020 coal gasification projects able-- (i) to remove 99 percent of sulfur dioxide; (ii) to emit no more than .05 lbs of NOx per million BTU; (iii) to remove 95 percent of mercury; and (iv) to achieve a thermal efficiency of 60 percent (higher heating value). (2) Other projects.--For projects not described in paragraph (1), the Secretary shall set technical milestones specifying emissions levels that the projects must be designed to and reasonably expected to achieve. The milestones shall get more restrictive through the life of the program. The milestones shall be designed to achieve by 2010 projects able-- (A) to remove 97 percent of sulfur dioxide; (B) to emit no more than .08 lbs of NOx per million BTU; (C) to remove 90 percent of mercury; and (D) to achieve a thermal efficiency of 45 percent (higher heating value). (c) Financial Criteria.--The Secretary shall not provide a funding award for any research, development, demonstration, or commercial application of coal and related technologies unless the recipient of the award has documented to the satisfaction of the Secretary that-- (1) the award recipient is financially viable without the receipt of additional Federal funding; (2) the recipient will provide sufficient information to the Secretary for the Secretary to ensure that the award funds are spent efficiently and effectively; and (3) a market exists for the technology being demonstrated or applied, as evidenced by statements of interest in writing from potential purchasers of the technology. (d) Federal Share.--The Federal share of the cost of a coal or related technology project funded by the Secretary shall not exceed 50 percent.

Clean Coal Power Initiative Act of 2001 - Directs the Secretary of Energy to: (1) carry out programs of research on and development, demonstration, and commercial application of clean coal technologies, and other specified coal and related technologies; and (2) perform an assessment that establishes cost and performance goals for such programs for specified five-year periods.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Welfare Integrity Now for Children and Families Act of 2012'' or the ``WIN for Children and Families Act''. SEC. 2. SPENDING POLICIES FOR ASSISTANCE UNDER STATE TANF PROGRAMS. (a) State Requirement.--Section 408(a) of the Social Security Act (42 U.S.C. 608(a)) is amended by adding at the end the following new paragraph: ``(12) State requirement to prevent unauthorized spending of benefits.-- ``(A) In general.--A State to which a grant is made under section 403 shall maintain policies and practices as necessary to prevent assistance provided under the State program funded under this part from being used in any electronic benefit transfer transaction in-- ``(i) any liquor store; ``(ii) any casino, gambling casino, or gaming establishment; or ``(iii) any retail establishment which provides adult-oriented entertainment in which performers disrobe or perform in an unclothed state for entertainment. ``(B) Definitions.--For purposes of subparagraph (A)-- ``(i) Liquor store.--The term `liquor store' means any retail establishment which sells exclusively or primarily intoxicating liquor. Such term does not include a grocery store which sells both intoxicating liquor and groceries including staple foods (within the meaning of section 3(r) of the Food and Nutrition Act of 2008 (7 U.S.C. 2012(r))). ``(ii) Casino, gambling casino, or gaming establishment.--The terms `casino', `gambling casino', and `gaming establishment' do not include a grocery store which sells groceries including such staple foods and which also offers, or is located within the same building or complex as, casino, gambling, or gaming activities. ``(iii) Electronic benefit transfer transaction.--The term `electronic benefit transfer transaction' means the use of a credit or debit card service, automated teller machine, point-of-sale terminal, or access to an online system for the withdrawal of funds or the processing of a payment for merchandise or a service.''. (b) Penalty.--Section 409(a) of the Social Security Act (42 U.S.C. 609(a)) is amended by adding at the end the following new paragraph: ``(16) Penalty for failure to enforce spending policies.-- ``(A) In general.--If, within 2 years after the date of the enactment of the WIN for Children and Families Act, any State has not reported to the Secretary on such State's implementation of the policies and practices required by section 408(a)(12), or the Secretary determines, based on the information provided in State reports, that any State has not implemented and maintained such policies and practices, the Secretary shall reduce, by an amount equal to 5 percent of the State family assistance grant, the grant payable to such State under section 403(a)(1) for-- ``(i) the fiscal year immediately succeeding the year in which such 2-year period ends; and ``(ii) each succeeding fiscal year in which the State does not demonstrate that such State has implemented and maintained such policies and practices. ``(B) Reduction of applicable penalty.--The Secretary may reduce the amount of the reduction required under subparagraph (A) based on the degree of noncompliance of the State. ``(C) State not responsible for individual violations.--Fraudulent activity by any individual in an attempt to circumvent the policies and practices required by section 408(a)(12) shall not trigger a State penalty under subparagraph (A).''. (c) Conforming Amendment.--Section 409(c)(4) of the Social Security Act (42 U.S.C. 609(c)(4)) is amended by striking ``or (13)'' and inserting ``(13), or (16)''. Passed the House of Representatives February 1, 2012. Attest: KAREN L. HAAS, Clerk.

Welfare Integrity Now for Children and Families Act of 2012 or WIN for Children and Families Act - Amends part A (Temporary Assistance for Needy Families) (TANF) of title IV of the Social Security Act to require a state to which a state family assistance grant is made to maintain policies and practices necessary to prevent the use of state TANF assistance in any electronic benefit transfer transaction in a liquor store, casino or gambling establishment, or strip club. Defines "electronic benefit transfer transaction" as the use of a credit or debit card service, automated teller machine (ATM), point-of-sale terminal, or access to an online system for the withdrawal of funds or the processing of a payment for merchandise or a service. Establishes administrative penalties for states which have not reported on their implementation of or enforced such policies and practices.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``TARP and ARRA Reporting and Waste Prevention Act''. SEC. 2. REPORTING REQUIREMENT. (a) In General.--Every public or private entity shall, no later than 30 days after receiving or redistributing any funds distributed under title I of the Emergency Economic Stabilization Act of 2008 or the American Recovery and Reinvestment Act of 2009, submit a report to the Secretary of the Treasury detailing such receipt or redistribution. (b) Report Details.--Each report required by subsection (a) shall include, with respect to the funds received or redistributed, and to the extent the information is available-- (1) the amount of such funds; (2) for funds being redistributed, the public or private entity receiving such funds; (3) the specific provision or provisions of title I of the Emergency Economic Stabilization Act of 2008 or the American Recovery and Reinvestment Act of 2009 under which such funds were authorized; (4) the specific purpose for which such funds are being received or redistributed, including-- (A) what geographic area such funds are intended for; and (B) the specific details on how such funds will be used; (5) copies of any contracts entered into by the public or private entity for projects or services that will be funded in whole or in part by such funds; and (6) such other information as the Secretary of the Treasury may require. (c) Separate Report on Contracts.--Any public or private entity that enters into a contract described in subsection (b)(5) shall, no later than 30 days after the date such contract is entered into, and every 30 days thereafter until all performance under the contract has been completed, submit a report to the Secretary of the Treasury detailing-- (1) the amount of funds distributed under title I of the Emergency Economic Stabilization Act of 2008 or the American Recovery and Reinvestment Act of 2009 that have been expended by such public or private entity in furtherance of the contract; (2) the specific details of how such funds were expended and how such expenditures furthered the fulfillment of the contract terms; (3) how many jobs were created by the expenditure of such funds and the average cost to the public or private entity of creating such jobs; and (4) in which geographic areas such funds were expended. (d) Treatment of Commingled Funds.--For purposes of this section, any funds that are commingled with funds distributed under title I of the Emergency Economic Stabilization Act of 2008 or the American Recovery and Reinvestment Act of 2009, such that the source of any particular funds within the commingled funds cannot be identified, shall be treated as funds distributed under title I of the Emergency Economic Stabilization Act of 2008 or the American Recovery and Reinvestment Act of 2009. (e) Regulations.--A report required under subsection (a) shall be made in such manner and form as the Secretary of the Treasury may prescribe by regulation. Such regulation shall be issued no later than 30 days after the date of the enactment of this Act. (f) No Reporting for Certain Tax Benefits.--No report shall be required under subsection (a) for funds received by a public or private entity under any provision of title I of division B of the American Recovery and Reinvestment Act of 2009. (g) Requirement for Giving Notice When Redistributing Funds.--Any public or private entity that redistributes any funds distributed under title I of the Emergency Economic Stabilization Act of 2008 or the American Recovery and Reinvestment Act of 2009 to another public or private entity must give such public or private entity notice-- (1) that such funds are a redistribution of funds distributed under title I of the Emergency Economic Stabilization Act of 2008 or the American Recovery and Reinvestment Act of 2009; and (2) that such public or private entity may be required to submit a report upon the receipt or redistribution of such funds pursuant to section 2(a) of the TARP and ARRA Reporting and Waste Prevention Act. (h) Penalty for Non-Compliance by a Private Entity.-- (1) In general.--A private entity that fails to submit a report required under subsection (a) may not enter into any contract to provide property or services to any Federal agency or department, and may not receive any grants, loans, or other funds from any Federal agency or department, if-- (A) the failure to submit such report was intentional; and (B) The heads of the private entity knew, within the 30-day window for submitting such report, that such report was required to be submitted under this section. (2) Heads of the private entity defined.--For purposes of this subsection, the term ``heads of the private entity'' means, if applicable-- (A) the board of directors of the private entity; (B) the officers of the private entity; and (C) the partners of the private entity. (i) Definitions.--For purposes of this section: (1) Public or private entity.--The term ``public or private entity'' means-- (A) any Federal agency or department; (B) any agency or department of a State government; (C) any agency or department of a political subdivision of a State; and (D) any private entity, other than an individual. (2) Redistributed.--With respect to funds distributed under title I of the Emergency Economic Stabilization Act of 2008 or the American Recovery and Reinvestment Act of 2009, the term ``redistributed'' means the distribution of such funds by a public or private entity to another public or private entity. Notwithstanding the previous sentence, the term ``redistribution'' shall not include-- (A) distributions made to purchase equipment or other supplies; or (B) distributions made for services that are merely incidental to the purchase of equipment or other supplies. (j) Effective Date.--This section shall take effect, with respect to the reporting requirement of subsections (a) and (c), 60 days after the date of the enactment of this Act. SEC. 3. FEDERAL DATABASE. (a) Establishment.--The Secretary of the Treasury shall establish a database to hold all information reported to the Secretary under section 2. (b) Availability.--The Secretary shall, in coordination with the Recovery Accountability and Transparency Board, make the information in the database available to the public on the website recovery.gov, and in a manner that allows members of the public to easily access such information. SEC. 4. WASTE, FRAUD, AND ABUSE HOTLINE. (a) In General.--The Secretary of the Treasury shall establish, publicize, and operate a national toll-free telephone number to serve as a hotline for members of the public to report waste, fraud, or abuse related to funds distributed under title I of the Emergency Economic Stabilization Act of 2008 or the American Recovery and Reinvestment Act of 2009. (b) Report.--Not later than 90 days after the date of the enactment of this Act, and quarterly thereafter, the Secretary of the Treasury shall issue a report to the Congress containing-- (1) a description of the Secretary's compliance with subsection (a); and (2) a description of the actions the Secretary is taking to address instances of waste, fraud, or abuse reported to the hotline. (c) Whistleblower Protection.-- (1) In general.--No company, or any officer, employee, contractor, subcontractor, or agent of such company, may discharge, demote, suspend, threaten, harass, or in any other manner discriminate against an employee in the terms and conditions of employment because of any lawful act done by the employee-- (A) to provide information, cause information to be provided, or otherwise assist in an investigation regarding any conduct which the employee reasonably believes constitutes waste, fraud, or abuse related to funds distributed under title I of the Emergency Economic Stabilization Act of 2008 or the American Recovery and Reinvestment Act of 2009, where such waste, fraud, or abuse was reported to the hotline established under subsection (a); or (B) to file, cause to be filed, testify, participate in, or otherwise assist in a proceeding filed or about to be filed (with any knowledge of the employer) relating to alleged waste, fraud, or abuse related to funds distributed under title I of the Emergency Economic Stabilization Act of 2008 or the American Recovery and Reinvestment Act of 2009, where such alleged waste, fraud, or abuse was reported to the hotline established under subsection (a). (2) Enforcement action.-- (A) In general.--A person who alleges discharge or other discrimination by any person in violation of paragraph (1) may seek relief under paragraph (3), by-- (i) filing a complaint with the Secretary of Labor; or (ii) if the Secretary has not issued a final decision within 180 days of the filing of the complaint and there is no showing that such delay is due to the bad faith of the claimant, bringing an action at law or equity for de novo review in the appropriate district court of the United States, which shall have jurisdiction over such an action without regard to the amount in controversy. (B) Procedure.-- (i) In general.--An action under subparagraph (A)(i) shall be governed under the rules and procedures set forth in section 42121(b) of title 49, United States Code. (ii) Notification exception.--Notification made under section 42121(b)(1) of title 49, United States Code, shall be made to the person named in the complaint and to the employer. (iii) Burdens of proof.--An action brought under subparagraph (A)(ii) shall be governed by the legal burdens of proof set forth in section 42121(b) of title 49, United States Code. (iv) Statute of limitations.--An action under subparagraph (A) shall be commenced not later than 90 days after the date on which the violation occurs. (3) Remedies.-- (A) In general.--An employee prevailing in any action under paragraph (2)(A) shall be entitled to all relief necessary to make the employee whole. (B) Compensatory damages.--Relief for any action under subparagraph (A) shall include-- (i) reinstatement with the same seniority status that the employee would have had, but for the discrimination; (ii) the amount of back pay, with interest; and (iii) compensation for any special damages sustained as a result of the discrimination, including litigation costs, expert witness fees, and reasonable attorney fees. (4) Rights retained by employee.--Nothing in this subsection shall be deemed to diminish the rights, privileges, or remedies of any employee under any Federal or State law, or under any collective bargaining agreement. SEC. 5. RECOVERY ACCOUNTABILITY AND TRANSPARENCY BOARD REQUESTS OF INSPECTOR GENERALS FOR AUDITS OR INSPECTIONS. Section 1527(b) of the American Recovery and Reinvestment Act of 2009 is amended by striking ``and the inspector general rejects'' and all that follows through the end of the subsection and inserting ``, the Board shall make such request available to the public on the website recovery.gov.''.

TARP and ARRA Reporting and Waste Prevention Act - Requires each public or private entity to provide a detailed report to the Secretary of the Treasury upon either: (1) receipt or redistribution of any funds under title I (Troubled Asset Relief Program [TARP]) of the Emergency Economic Stabilization Act of 2008 (EESA) or the American Recovery and Reinvestment Act of 2009 (ARRA); or (2) entering into a contract for projects or services funded by TARP or ARRA. Requires a public or private entity that redistributes any TARP or ARRA funds to another public or private entity to give the redistributee notice that: (1) such funds are a redistribution of either TARP funds or ARRA funds; and (2) the redistributee may be required to report to the Secretary. Instructs the Secretary to: (1) establish a database to hold all such reported information; (2) make the database information available to the public on the website recovery.gov; and (3) establish a national toll-free telephone hotline number for the public to report waste, fraud, or abuse related to either TARP or ARRA funds. Sets forth whistleblower protections. Amends ARRA to require the Recovery Accountability and Transparency Board, if it requests that an inspector general conduct or refrain from conducting an audit investigation, to make such request available to the public on the website recovery.gov.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``PreCheck is PreCheck Act of 2018''. SEC. 2. ELIGIBILITY FOR TSA PRECHECK EXPEDITED SCREENING. (a) Eligibility.-- (1) In general.--Not later than 1 year after the date of the enactment of this Act, the Administrator of the Transportation Security Administration (TSA) shall ensure that only travelers who are members of a trusted traveler program specified in subsection (b) are permitted to use TSA PreCheck security screening lanes at Transportation Security Administration checkpoints. (2) Certain travelers.--Any traveler who is 12 or under or 75 or over who is not a member of a trusted traveler program specified in subsection (b) shall be permitted to utilize TSA PreCheck security screening lanes at Transportation Security Administration checkpoints when traveling on the same itinerary as a member of such a program. (b) Trusted Traveler Programs.--Trusted traveler programs referred to in subsection (a) include the following: (1) Programs implemented by the Transportation Security Administration under section 109(a)(3) of the Aviation and Transportation Security Act (Public Law 107-71; 49 U.S.C. 114 note). (2) Any other United States Government program that issues unique identifiers, such as a known traveler number, that the Transportation Security Administration accepts as validating that the person holding such identifier is a member of a known low-risk population. (c) Exemptions.--Nothing in this section shall affect-- (1) the ability of the Transportation Security Administration to carry out expedited screening for severely injured or disabled members of the Armed Forces and severely injured or disabled veterans, as set forth in section 44927 of title 49, United States Code; or (2) the Honor Flight program, set forth in section 44928 of such title. SEC. 3. RISK MODIFIED SCREENING. (a) In General.--Not later than 60 days after the date of the enactment of this Act, the Administrator of the Transportation Security Administration shall commence a pilot program regarding a risk modified screening protocol for lanes other than designated TSA PreCheck security screening lanes at Transportation Security Administration checkpoints, in airports of varying categories, to further segment passengers based on risk. Such pilot program shall conclude on the date that is 120 after such date of commencement. (b) Report; Implementation.--Not later than 30 days after the conclusion of the pilot program required under subsection (a), the Administrator of the Transportation Security Administration shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the finding of such pilot program, including information relating to the security effectiveness and passenger facilitation effectiveness of the risk modified screening protocol that was the subject of such pilot program and, in the event that the Administrator is satisfied with the effectiveness of such protocol, information relating to plans to deploy such protocol at as many Transportation Security Administration checkpoints as practicable, taking into consideration the level of risk at the airport at issue, the available space at such airport, passenger throughput levels at such airport, and checkpoint configuration at such airport, while maintaining adequate resources to appropriately serve passengers in TSA PreCheck security screening lanes at Transportation Security Administration checkpoints. (c) Eligibility.--Only low-risk passengers shall be eligible to undergo risk modified screening at Transportation Security Administration checkpoints described in subsection (a). Such low-risk passengers are those passengers who-- (1) meet risk-based, intelligence-driven criteria outlined by the Administrator of the Transportation Security Administration; or (2) have undergone canine enhanced screening upon arrival at a Transportation Security Administration checkpoint. (d) Working Group.-- (1) In general.--In carrying out subsections (a) and (b), the Administrator of the Transportation Security Administration shall establish and utilize a working group comprised of individuals from or representatives of Category X, 1, 2, 3, and 4 airports and air carriers (as such term is defined in section 40102 of title 49, United States Code) to inform the piloting and development of plans to deploy the risk modified screening protocol described in such subsections for lanes other than designated TSA PreCheck security screening lanes at Transportation Security Administration checkpoints in a manner which ensures maximum security effectiveness and efficiency. (2) Non-applicability of faca.--The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the working group established under this subsection. SEC. 4. CONGRESSIONAL REPORTS. (a) In General.--Beginning with the first full calendar quarter after the date of the enactment of this Act, the Administrator of the Transportation Security Administration shall brief, on a quarterly basis, the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on the implementation of section 2. (b) Certification.--Upon a determination by the Administrator of the Transportation Security Administration that only travelers who are members of a trusted traveler program specified in section 2(b) are permitted to use TSA PreCheck security screening lanes at Transportation Security Administration checkpoints in accordance with subsection (a) of such section, the Administrator shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a written certification relating to such determination. (c) Sunset.--The briefings required under subsection (a) shall terminate at the time the certification described in subsection (b) is submitted. SEC. 5. INSPECTOR GENERAL ASSESSMENTS. After the Administrator of the Transportation Security Administration submits the certification described in section 4(b), the Inspector General of the Department of Homeland Security shall, beginning in the first calendar year after such certification and in each of the next 3 subsequent calendar years, conduct an assessment to determine if there has been a systematic pattern of violations of section 2(a) during the previous calendar year. The Inspector General shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate the results of each such assessment. SEC. 6. PRECHECK PROGRAM EXPANSION. (a) In General.--Not later than 180 days after the date of the enactment of this Act, the Administrator of the Transportation Security Administration shall develop and begin the implementation of a long- term strategy to increase enrollment in the TSA PreCheck Program and expand the total population of members of trusted traveler programs specified in section 2(b). (b) Enrollment.--In carrying out the long-term strategy referred to in subsection (a), the Administrator of the Transportation Security Administration shall-- (1) seek to partner with air carriers (as such term is defined in section 40102 of title 49, United States Code) to incorporate PreCheck Program promotion opportunities in the reservation process described in section 1560.101 of title 49, Code of Federal Regulations; (2) seek to include in the PreCheck Program individuals who-- (A) hold a Secret, Top Secret, or Top Secret/ Sensitive Compartmented Information clearance, unless such an individual has had his or her clearance revoked or did not pass a periodic reinvestigation; or (B) are current, full-time Federal law enforcement officers; (3) increase PreCheck Program enrollment flexibility by offering a secure mobile enrollment platform that facilitates in-person identity verification and application data collection, such as biometrics; (4) develop initiatives to minimize the amount of travel to PreCheck Program enrollment centers for applicants, including-- (A) adjusting the locations and schedules of existing PreCheck Program enrollment centers to accommodate demand; (B) seeking to collocate such enrollment centers with existing facilities that support the issuance of-- (i) United States passports; and (ii) Security Identification Display Area credentials (as such term is defined in section 1540.5 of title 49, Code of Federal Regulations) located in public, non-secure areas of airports, provided that no systems of an airport operator are used in support of enrollment activities for such credentials; and (C) increasing the availability of PreCheck Program enrollment platforms, such as kiosks, tablets, or staffed laptop stations; (5) assess the feasibility of providing financial or other incentives for PreCheck Program enrollment for-- (A) children between the ages of 12 and 18; (B) families of five or more individuals; (C) private sector entities, including small businesses, that establish PreCheck Program enrollment centers in their respective facilities; and (D) private sector entities, including small business concerns (as such term is described under section 3 of the Small Business Act (15 U.S.C. 632)), that reimburse employees for the cost of the PreCheck Program application; and (6) explore the possibility of combining the PreCheck Program with other trusted traveler programs specified in section 2(b). Passed the House of Representatives September 4, 2018. Attest: KAREN L. HAAS, Clerk.

PreCheck is PreCheck Act of 2018 This bill directs the Transportation Security Administration (TSA) to ensure that only travelers who are members of a trusted traveler program are permitted to use TSA PreCheck security screening lanes at TSA checkpoints. Any traveler under the age of 12 or over the age of 75 who is not a member of a trusted traveler program shall be permitted to utilize PreCheck security screening lanes at TSA checkpoints when traveling on the same reservation as a member of a trusted traveler program. The TSA shall implement a risk modified screening protocol for lanes other than designated TSA PreCheck security screening lanes at TSA checkpoints to further segment passengers based on risk. Only low-risk passengers shall be eligible to undergo risk modified screening at TSA checkpoints. The Inspector General of the Department of Homeland Security must assess whether there has been a systematic pattern of violations of the use of TSA PreCheck security screening lanes at TSA checkpoints during the previous calendar year. The TSA shall complete the implementation of a long-term strategy to increase enrollment in the TSA PreCheck Program and expand the total population of members of trusted traveler programs.

15,731

SECTION 1. SHORT TITLE. This Act may be cited as the ``Wireless Telephone Protection Act''. SEC. 2. FRAUD AND RELATED ACTIVITY IN CONNECTION WITH COUNTERFEIT ACCESS DEVICES. (a) Unlawful Acts.--Section 1029(a) of title 18, United States Code, is amended-- (1) by redesignating paragraph (9) as paragraph (10); and (2) by striking paragraph (8) and inserting the following: ``(8) knowingly and with intent to defraud uses, produces, traffics in, has control or custody of, or possesses a scanning receiver; ``(9) knowingly uses, produces, traffics in, has control or custody of, or possesses hardware or software, knowing it has been configured for altering or modifying a telecommunications instrument so that such instrument may be used to obtain unauthorized access to telecommunications services; or''. (b) Penalties.-- (1) Generally.--Section 1029(c) of title 18, United States Code, is amended to read as follows: ``(c) Penalties.--The punishment for an offense under subsection (a) of this section is-- ``(1) in the case of an offense that does not occur after a conviction for another offense under this section-- ``(A) if the offense is under paragraph (1), (2), (3), (6), (7), or (10) of subsection (a), a fine under this title or imprisonment for not more than 10 years, or both; and ``(B) if the offense is under paragraph (4), (5), (8), or (9), of subsection (a), a fine under this title or imprisonment for not more than 15 years, or both; and ``(2) in the case of an offense that occurs after a conviction for another offense under this section, a fine under this title or imprisonment for not more than 20 years, or both.''. (2) Attempts.--Section 1029(b)(1) of title 18, United States Code, is amended by striking ``punished as provided in subsection (c) of this section'' and inserting ``subject to the same penalties as those prescribed for the offense attempted''. (c) Definitions.--Section 1029(e)(8) of title 18, United States Code, is amended by inserting before the period ``or to intercept an electronic serial number, mobile identification number, or other identifier of any telecommunications service, equipment, or instrument''. (d) Applicability of New Section 1029(a)(9).-- (1) In general.--Section 1029 of title 18, United States Code, is amended by adding at the end the following: ``(g) It is not a violation of subsection (a)(9) for an officer, employee, or agent of, or a person under contract with, a facilities- based carrier, for the purpose of protecting the property or legal rights of that carrier, to use, produce, have custody or control of, or possess hardware or software configured as described in that subsection (a)(9).''. (2) Definition.--Section 1029(e) of title 18, United States Code is amended-- (A) by striking ``and'' at the end of paragraph (6); (B) by striking the period at the end of paragraph (7) and inserting a semicolon; (C) by striking the period at the end of paragraph (8) and inserting ``; and''; and (D) by adding at the end the following: ``(9) the term `facilities-based carrier' means an entity that owns communications transmission facilities, is responsible for the operation and maintenance of those facilities, and holds an operating license issued by the Federal Communications Commission under the authority of title III of the Communications Act of 1934.''. (e) Amendment of Federal Sentencing Guidelines for Wireless Telephone Cloning.-- (1) In general.--Pursuant to its authority under section 994 of title 28, United States Code, the United States Sentencing Commission shall review and amend the Federal sentencing guidelines and the policy statements of the Commission, if appropriate, to provide an appropriate penalty for offenses involving the cloning of wireless telephones (including offenses involving an attempt or conspiracy to clone a wireless telephone). (2) Factors for consideration.--In carrying out this subsection, the Commission shall consider, with respect to the offenses described in paragraph (1)-- (A) the range of conduct covered by the offenses; (B) the existing sentences for the offenses; (C) the extent to which the value of the loss caused by the offenses (as defined in the Federal sentencing guidelines) is an adequate measure for establishing penalties under the Federal sentencing guidelines; (D) the extent to which sentencing enhancements within the Federal sentencing guidelines and the court's authority to sentence above the applicable guideline range are adequate to ensure punishment at or near the maximum penalty for the most egregious conduct covered by the offenses; (E) the extent to which the Federal sentencing guideline sentences for the offenses have been constrained by statutory maximum penalties; (F) the extent to which Federal sentencing guidelines for the offenses adequately achieve the purposes of sentencing set forth in section 3553(a)(2) of title 18, United States Code; (G) the relationship of Federal sentencing guidelines for the offenses to the Federal sentencing guidelines for other offenses of comparable seriousness; and (H) any other factor that the Commission considers to be appropriate.

Wireless Telephone Protection Act - Amends the Federal criminal code to prohibit knowingly using, producing, trafficking in, having control or custody of, or possessing hardware or software knowing that it has been configured to insert or modify telecommunication identifying information associated with or contained in a telecommunications instrument so that such instrument may be used to obtain telecommunications service without authorization. Revises penalties to: (1) impose a fine and a 15-year term of imprisonment for such a violation as a first offense; and (2) require forfeiture to the United States of any personal property used or intended to be used to commit fraud in connection with an access device. Revises the definition of a "scanning receiver" for purposes of such provisions to include a device or apparatus that can be used to intercept an electronic serial number, mobile identification number, or other identifier of any telecommunications service, equipment, or instrument. Permits an officer, employee, or agent of, or a person engaged in business with, a facilities-based carrier to engage in conduct (other than trafficking) otherwise prohibited for the purpose of protecting that carrier's property or legal rights, unless such conduct is for the purpose of obtaining telecommunications service provided by another facilities-based carrier without such carrier's authorization. Makes it an affirmative defense that the conduct charged (other than a violation consisting of producing or trafficking) was engaged in for research or development in connection with a lawful purpose. Directs the United States Sentencing Commission to review and amend the Federal sentencing guidelines and the policy statements of the Commission, if appropriate, to provide an appropriate penalty for offenses involving the cloning of wireless telephones, including offenses involving an attempt or conspiracy to do so.

15,732

SECTION 1. SHORT TITLE. This Act may be cited as the ``Renewable Energy Development Act''. SEC. 2. DEVELOPING RENEWABLE ENERGY ON FEDERAL LANDS. (a) In General.--The Secretary of the Interior shall carry out in accordance with this section a program for the leasing of Federal lands for the advancement, development, assessment, installation, and operation of commercial renewable solar, wind, and geothermal energy systems. (b) Identification of Lands for Leasing.-- (1) Lands selection.--The Secretary of the Interior, acting through the Director of the Bureau of Land Management and in consultation with the Secretary of Energy, shall-- (A) identify lease sites comprising a total of 6,400,000 acres of Federal lands under the jurisdiction of the Bureau of Land Management in the States of Arizona, California, Colorado, Idaho, Montana, New Mexico, Nevada, Oregon, Utah, Washington, and Wyoming that are suitable and feasible for the installation and operation of solar, wind, or geothermal energy systems, subject to valid existing rights; and (B) incorporate renewable energy development into the relevant agency land use and resource management plans or equivalent plans for the lands identified under subparagraph (A). (2) Minimum and maximum acreage of sites.--Each individual lease site identified under paragraph (1)(A), other than under a lease for a geothermal energy system, shall be a minimum of 1,280 acres and shall not exceed 12,800 acres. (3) Lands released for leasing.--The Secretary shall release for leasing under this section lease sites identified under paragraph (1), in acreages that meet the following annual milestones: (A) By 2010, 79,012 acres. (B) By 2011, 316,049 acres. (C) By 2012, 711,111 acres. (D) By 2013, 1,300,000 acres. (E) By 2014, 2,000,000 acres. (F) By 2015, 2,800,000 acres. (G) By 2016, 3,700,000 acres. (H) By 2017, 4,650,000 acres. (I) By 2018, 5,800,000 acres. (J) By 2019, 6,400,000 acres. (4) Lands not included.--The following Federal lands shall not be included within a renewable energy lands leasing program under this Act: (A) Components of the National Landscape Conservation System. (B) Wilderness and Wilderness Study Areas. (C) Wild and Scenic Rivers. (D) Federally designated National Scenic and Historic Trails. (E) Monuments. (F) Resource Natural Areas. (G) Lands requested by Governor of State to be removed from consideration for renewable energy development. (c) Competitive Lease Sale Requirements Leasing Procedures.-- (1) Nominations.--The Secretary shall accept at any time nominations of land identified under subsection (b) for leasing under this Act, from any qualified person. (2) Competitive lease sale required.-- (A) In general.--Except as otherwise specifically provided by this Act, all land to be leased under this Act that is not subject to leasing under paragraph (3) shall be leased to the highest responsible qualified bidder, as determined by the Secretary. (B) Annual sales required.--The Secretary shall hold a competitive lease sale under this Act at least once every year for land in a State with respect to which there is a nomination pending under paragraph (1) of land otherwise available for leasing. (3) Noncompetitive leasing.--The Secretary shall make available for a period of 2 years for noncompetitive leasing any tract for which a competitive lease sale is held under paragraph (2), but for which the Secretary does not receive any bids in such sale. (4) Pending lease applications.--It shall be a priority for the Secretary to ensure timely completion of administrative actions and process applications for leasing of Federal lands described in subsection (b)(1)(A) for installation and operation of renewable energy systems, that are pending on the date of enactment of this subsection. (d) Leasing Time Period.--Any lease of lands under this section shall be effective for a period of 30 years, with an option to renew once for an additional period of 30 years. SEC. 3. PROGRAMMATIC ENVIRONMENTAL IMPACT STATEMENT. (a) In General.--Not later than 18 months after the date of enactment of this Act, in accordance with section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)), the Secretary of the Interior shall complete a programmatic environmental impact statement for the renewable energy leasing program under section 2. (b) Final Regulation.--Not later than 6 months after the completion of the programmatic environmental impact statement under this section, the Secretary shall publish a final regulation implementing this section. SEC. 4. DEPOSIT AND USE OF GEOTHERMAL LEASE REVENUES. Section 234 of the Energy Policy Act of 2005 (42 U.S.C. 15873) is amended-- (1) in the section heading, by striking ``for 5 fiscal years''; and (2) in subsection (a), by striking ``in the first 5 fiscal years beginning after the date of enactment of this Act''. SEC. 5. STUDY. Not later than 2 years after the date of enactment of this Act, the Secretary of the Interior shall complete a study of-- (1) barriers to additional access to Federal lands for transmission of energy produced under leases awarded under the renewable energy leasing program under this Act; and (2) the need for energy transmission corridors on public lands to address identified congestion or constraints.

Renewable Energy Development Act - Directs the Secretary of the Interior to carry out a program for the leasing of federal lands to advance, develop, assess, install, and operate commercial renewable solar, wind, and geothermal energy systems. Requires the Secretary to: (1) identify lease sites comprised of a total of 6,400,000 acres under the jurisdiction of the Bureau of Land Management (BLM) in the states of Arizona, California, Colorado, Idaho, Montana, New Mexico, Nevada, Oregon, Utah, Washington, and Wyoming which are suitable for the installation and operation of solar, wind, or geothermal energy systems; and (2) incorporate renewable energy development into the relevant agency's land use and resource management plans, or equivalent plans for the identified lands. Specifies the total annual amount of acreage that is to be released for leasing under this Act from 2010 to 2019. Excludes specified federal lands from inclusion within the program. Sets forth requirements for competitive leasing sales and noncompetitive leasing of the lands to be leased. Makes any lease of lands under this Act effective for a 30-year period. Directs the Secretary to complete a programmatic environmental impact statement for the program and to publish a final regulation to implement this Act. Directs the Secretary to study: (1) barriers to additional access to federal lands for the transmission of energy produced under leases awarded under such program; and (2) the need for energy transmission corridors on public lands to address identified congestion or constraints.

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SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Incentives for Older Workers Act''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Prohibition of benefit reduction due to phased retirement. Sec. 3. Allowance of delayed retirement Social Security credits until age 72. Sec. 4. Reduction in Social Security benefit offset resulting from certain earnings. Sec. 5. National Resource Center on Aging and the Workforce. Sec. 6. Civil service retirement system computation for part-time service. Sec. 7. Workforce investment activities for older workers. Sec. 8. Eligibility of older workers for the work opportunity credit. Sec. 9. Normal retirement age. SEC. 2. PROHIBITION OF BENEFIT REDUCTION DUE TO PHASED RETIREMENT. (a) Prohibition of Benefit Reduction Due to Phased Retirement.-- (1) Amendment to the employee retirement income security act of 1974.--Section 204(b)(1) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1054(b)(1)) is amended by adding at the end the following: ``(I)(i) Notwithstanding the preceding subparagraphs, in the case of a participant who-- ``(I) begins a period of phased retirement, and ``(II) was employed on a substantially full-time basis during the 12-month period preceding the period of phased retirement, a defined benefit plan shall be treated as meeting the requirements of this paragraph with respect to the participant only if the participant's compensation or average compensation taken into account under the plan with respect to the years of service before the period of phased retirement is not, for purposes of determining the accrued benefit for such years of service, reduced due to such phased retirement. ``(ii) For purposes of this subparagraph, a period of phased retirement is a period during which an employee is employed on substantially less than a full- time basis or with substantially reduced responsibilities, but only if the period begins after the participant reaches age 50 or has completed 30 years of service creditable under the plan.''. (2) Amendment to the internal revenue code of 1986.-- Section 411(b)(1) of the Internal Revenue Code of 1986 (relating to accrued benefits) is amended by adding at the end the following: ``(I) Accrued benefit may not decrease on account of phased retirement.-- ``(i) In general.--Notwithstanding the preceding subparagraphs, in the case of a participant who-- ``(I) begins a period of phased retirement, and ``(II) was employed on a substantially full-time basis during the 12-month period preceding the period of phased retirement, a defined benefit plan shall be treated as meeting the requirements of this paragraph with respect to the participant only if the participant's compensation or average compensation taken into account under the plan with respect to the years of service before the period of phased retirement is not, for purposes of determining the accrued benefit for such years of service, reduced due to such phased retirement. ``(ii) Period of phased retirement.--For purposes of this subparagraph, a period of phased retirement is a period during which an employee is employed on substantially less than a full-time basis or with substantially reduced responsibilities, but only if the period begins after the participant reaches age 50 or has completed 30 years of service creditable under the plan.''. (b) Effective Date.--The amendments made by this section shall apply to benefits payable after the date of enactment of this Act. SEC. 3. ALLOWANCE OF DELAYED RETIREMENT SOCIAL SECURITY CREDITS UNTIL AGE 72. (a) In General.--Paragraphs (2) and (3) of section 202(w) of the Social Security Act (42 U.S.C. 402(w)) are each amended by striking ``age 70'' and inserting ``age 72''. (b) Effective Dates.--The amendments made by this section shall take effect on the date of the enactment of this Act. SEC. 4. REDUCTION IN SOCIAL SECURITY BENEFIT OFFSET RESULTING FROM CERTAIN EARNINGS. (a) In General.--Section 203(f)(3) of the Social Security Act (42 U.S.C. 403(f)(3)) is amended by striking ``in the case of any individual'' and all that follows through ``in the case of any other individual''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after the date of the enactment of this Act. SEC. 5. NATIONAL RESOURCE CENTER ON AGING AND THE WORKFORCE. (a) Establishment.--The Secretary of Labor shall award a grant for the establishment and operation of a National Resource Center on Aging and the Workforce to address issues on age and the workforce and to collect, organize, and disseminate information on older workers. (b) Activities.--The Center established under subsection (a) shall-- (1) serve as a national information clearinghouse on workforce issues, challenges, and solutions planning for older workers that would serve employers, local communities, and State and local government organizations, as well as other public and private agencies, including providing for the cataloging, organization, and summarizing of existing research, resources, and scholarship relating to older workforce issues; (2) identify best or most-promising practices across the United States that have enjoyed success in productively engaging older Americans in the workforce; (3) create toolkits for employers, trade associations, labor organizations, and non-profit employers that would feature a series of issue papers outlining specific tasks and activities for engaging older individuals in select industries; (4) distribute information to government planners and policymakers, employers, organizations representing and serving older adults, and other appropriate entities through the establishment of an interactive Internet website, the publications of articles in periodicals, pamphlets, brochures, and reports, as well as through national and international conferences and events; and (5) provide targeted and ongoing technical assistance to select units of government, private corporations, and nonprofit organizations. (c) Authorization of Appropriations.--There is authorized to be appropriated such sums as may be available in each fiscal year to carry out this section. SEC. 6. CIVIL SERVICE RETIREMENT SYSTEM COMPUTATION FOR PART-TIME SERVICE. Section 8339(p) of title 5, United States Code, is amended by adding at the end the following: ``(3)(A) In the administration of paragraph (1)-- ``(i) subparagraph (A) of such paragraph shall apply to any service performed before, on, or after April 7, 1986; ``(ii) subparagraph (B) of such paragraph shall apply to all service performed on a part- time or full-time basis on or after April 7, 1986; and ``(iii) any service performed on a part- time basis before April 7, 1986, shall be credited as service performed on a full-time basis. ``(B) This paragraph shall be effective with respect to any annuity entitlement to which is based on a separation from service occurring on or after the date of the enactment of this paragraph.''. SEC. 7. WORKFORCE INVESTMENT ACTIVITIES FOR OLDER WORKERS. (a) State Boards.--Section 111(b)(1)(C) of the Workforce Investment Act of 1998 (29 U.S.C. 2821(b)(1)(C)) is amended-- (1) in clause (vi), by striking ``and'' at the end; (2) by redesignating clause (vii) as clause (viii); and (3) by inserting after clause (vi) the following: ``(vii) representatives of older individuals, who shall be representatives from the State agency (as defined in section 102 of the Older Americans Act of 1965 (42 U.S.C. 3002)) in the State or recipients of grants under title V of such Act (42 U.S.C. 3056 et seq.) in the State; and''. (b) Local Boards.--Section 117(b)(2)(A) of such Act (29 U.S.C. 2832(b)(2)(A)) is amended-- (1) in clause (v), by striking ``and'' at the end; and (2) by adding at the end the following: ``(vii) representatives of older individuals, who shall be representatives from an area agency on aging (as defined in section 102 of the Older Americans Act of 1965 (42 U.S.C. 3002)) in the local area or recipients of grants under title V of such Act (42 U.S.C. 3056 et seq.) in the local area; and''. (c) Reservation of Funds for Older Individuals.--Section 134 of such Act (29 U.S.C. 2864) is amended by adding at the end the following: ``(f) Reservation for Older Individuals From Funds Allocated for Adults.-- ``(1) Definition.--In this subsection, the term `allocated funds' means the funds allocated to a local area under paragraph (2)(A) or (3) of section 133(b). ``(2) Reservation.--The local area shall ensure that 5 percent of the allocated funds that are used to provide services under subsection (d) or (e) are reserved for services for older individuals.''. SEC. 8. ELIGIBILITY OF OLDER WORKERS FOR THE WORK OPPORTUNITY CREDIT. (a) In General.--Section 51(d)(1) of the Internal Revenue Code of 1986 (relating to members of targeted groups) is amended-- (1) by striking ``or'' at the end of subparagraph (H), (2) by striking the period at the end of subparagraph (I) and inserting ``, or'', and (3) by adding at the end the following new subparagraph: ``(J) a qualified older worker.''. (b) Qualified Older Worker.--Section 51(d) of the Internal Revenue Code of 1986 is amended-- (1) by redesignating paragraphs (11), (12), and (13) as paragraphs (12), (13), and (14), respectively, and (2) by inserting after paragraph (10) the following new paragraph: ``(11) Qualified older worker.--The term `qualified older worker' means any individual who is certified by the designated local agency as being an individual who is age 55 or older and whose income is not more than 125 percent of the poverty line (as defined by the Office of Management and Budget), excluding any income that is unemployment compensation, a benefit received under title XVI of the Social Security Act (42 U.S.C. 1381 et seq.), a payment made to or on behalf of veterans or former members of the Armed Forces under the laws administered by the Secretary of Veterans Affairs, or 25 percent of a benefit received under title II of the Social Security Act (42 U.S.C. 401 et seq.).''. (c) Effective Date.--The amendments made this section shall apply to amounts paid or incurred after the date of the enactment of this Act to individuals who begin work for the employer after such date. SEC. 9. NORMAL RETIREMENT AGE. (a) Amendment to Internal Revenue Code of 1986.--Section 411of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(f) Special Rule for Determining Normal Retirement Age for Certain Existing Defined Benefit Plans.-- ``(1) In general.--For purposes of subsection (a)(8)(A), an applicable plan shall not be treated as failing to meet any requirement of this subchapter, or as failing to have a uniform normal retirement age for purposes of this subchapter, solely because the plan has adopted the normal retirement age described in paragraph (2). ``(2) Applicable plan.--For purposes of this subsection-- ``(A) In general.--The term `applicable plan' means a defined benefit plan that, on the date of the introduction of the Incentives for Older Workers Act, has adopted a normal retirement age which is the earlier of-- ``(i) an age otherwise permitted under subsection (a)(8)(A), or ``(ii) the age at which a participant completes the number of years (not less than 30 years) of benefit accrual service specified by the plan. A plan shall not fail to be treated as an applicable plan solely because, as of such date, the normal retirement age described in the preceding sentence only applied to certain participants or to certain employers participating in the plan. ``(B) Expanded application.--If, after the date described in subparagraph (A), an applicable plan expands the application of the normal retirement age described in subparagraph (A) to additional participants or participating employers, such plan shall also be treated as an applicable plan with respect to such participants or participating employers.''. (b) Amendments to Employee Retirement Income Security Act of 1974.--Section 204 of the Employee Retirement Income Security Act of 1974 is amended by redesignating subsection (k) as subsection (l) and by inserting after subsection (j) the following new subsection: ``(k) Special Rule for Determining Normal Retirement Age for Certain Existing Defined Benefit Plans.-- ``(1) In general.--For purposes of section 3(24), an applicable plan shall not be treated as failing to meet any requirement of this title, or as failing to have a uniform normal retirement age for purposes of this title, solely because the plan has adopted the normal retirement age described in paragraph (2). ``(2) Applicable plan.--For purposes of this subsection-- ``(A) In general.--The term `applicable plan' means a defined benefit plan that, on the date of the introduction of the Incentives for Older Workers Act, has adopted a normal retirement age which is the earlier of-- ``(i) an age otherwise permitted under section 2(24), or ``(ii) the age at which a participant completes the number of years (not less than 30 years) of benefit accrual service specified by the plan. A plan shall not fail to be treated as an applicable plan solely because, as of such date, the normal retirement age described in the preceding sentence only applied to certain participants or to certain employers participating in the plan. ``(B) Expanded application.--If, after the date described in subparagraph (A), an applicable plan expands the application of the normal retirement age described in subparagraph (A) to additional participants or participating employers, such plan shall also be treated as an applicable plan with respect to such participants or participating employers.''. (c) Effective Date.--The amendments made by this section shall apply to years beginning before, on, or after the date of the enactment of this Act.

Incentives for Older Workers Act - Amends the Employee Retirement Income Security Act of 1974 (ERISA) and the Internal Revenue Code (IRC) to prohibit a reduction in benefits for an employee under a defined benefit pension plan who has begun a phased retirement and was employed on a substantially full-time basis during the previous 12-month period before phased retirement. Defines "phased retirement" as the period when an employee is employed on substantially less than a full-time basis or with substantially reduced responsibilities after reaching age 50 or completing 30 years of creditable service under the plan. Amends the Social Security Act to raise from 70 to 72 the age up to which inidividuals are allowed to earn delayed retirement credits for purposes of the calculation of increased old-age insurance benefit payments. Revises federal old-age, survivors, and disability insurance benefits requirements to eliminate the 50% reduction in such benefits due to an individual who claims benefits before reaching 66 years old and who continues to work. (Retains the 33 1/3% offset.) Directs the Secretary of Labor to award a grant to establish a National Resource Center on Aging and the Workforce to act as a national information clearinghouse on workforce issues, challenges, and solutions for older workers. Revises Civil Service Retirement System (CSRS) annuity computation requirements for retiring CSRS employees whose employment service includes part-time service. Amends the Workforce Investment Act of 1998 (WIA) to revise the composition of state and local workforce investment boards to include representatives of older individuals. Sets aside 5% of WIA funds allocated to local areas for certain adult employment and training activities for activities for older workers. Amends the IRC to expand eligibility for the Work Opportunity Tax Credit to qualified older workers (age 55 or older whose income does not exceed 125% of the poverty line). Allows certain defined benefit pension plans to define normal retirement age as the earlier of the attainment of: (1) a specified allowed age; or (2) at least 30 years of service.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Ninth Circuit Reorganization Act of 1999''. SEC. 2. DIVISIONAL ORGANIZATION OF THE COURT OF APPEALS FOR THE NINTH CIRCUIT. (a) Regional Divisions.--Effective 180 days after the date of enactment of this Act, the United States Court of Appeals for the Ninth Circuit shall be organized into 3 regional divisions designated as the Northern Division, the Middle Division, and the Southern Division, and a nonregional division designated as the Circuit Division. (b) Review of Decisions.-- (1) Nonapplication of section 1294.--Section 1294 of title 28, United States Code, shall not apply to the Ninth Circuit Court of Appeals. The review of district court decisions shall be governed as provided in this subsection. (2) Review.--Except as provided in sections 1292(c), 1292(d), and 1295 of title 28, United States Code, once the court is organized into divisions, appeals from reviewable decisions of the district and territorial courts located within the Ninth Circuit shall be taken to the regional divisions of the Ninth Circuit Court of Appeals as follows: (A) Appeals from the districts of Alaska, Guam, Hawaii, Idaho, Montana, the Northern Mariana Islands, Oregon, Eastern Washington, and Western Washington shall be taken to the Northern Division. (B) Appeals from the districts of Eastern California, Northern California, and Nevada shall be taken to the Middle Division. (C) Appeals from the districts of Arizona, Central California, and Southern California shall be taken to the Southern Division. (D) Appeals from the Tax Court, petitions to enforce the orders of administrative agencies, and other proceedings within the court of appeals' jurisdiction that do not involve review of district court actions shall be filed in the court of appeals and assigned to the division that would have jurisdiction over the matter if the division were a separate court of appeals. (3) Assignment of judges.--Each regional division shall include from 7 to 11 judges of the court of appeals in active status. A majority of the judges assigned to each division shall reside within the judicial districts that are within the division's jurisdiction as specified in paragraph (2). Judges in senior status may be assigned to regional divisions in accordance with policies adopted by the court of appeals. Any judge assigned to 1 division may be assigned by the chief judge of the circuit for temporary duty in another division as necessary to enable the divisions to function effectively. (4) Presiding judges.--Section 45 of title 28, United States Code, shall govern the designation of the presiding judge of each regional division as though the division were a court of appeals, except that the judge serving as chief judge of the circuit may not at the same time serve as presiding judge of a regional division, and that only judges resident within, and assigned to, the division shall be eligible to serve as presiding judge of that division. (5) Panels.--Panels of a division may sit to hear and decide cases at any place within the judicial districts of the division, as specified by a majority of the judges of the division. The divisions shall be governed by the Federal Rules of Appellate Procedure and by local rules and internal operating procedures adopted by the court of appeals. The divisions may not adopt their own local rules or internal operating procedures. The decisions of 1 regional division shall not be regarded as binding precedents in the other regional divisions. (c) Circuit Division.-- (1) In general.--In addition to the 3 regional divisions specified under subsection (a), the Ninth Circuit Court of Appeals shall establish a Circuit Division composed of the chief judge of the circuit and 12 other circuit judges in active status, chosen by lot in equal numbers from each regional division. Except for the chief judge of the circuit, who shall serve ex officio, judges on the Circuit Division shall serve nonrenewable, staggered terms of 3 years each. One- third of the judges initially selected by lot shall serve terms of 1 year each, one-third shall serve terms of 2 years each, and one-third shall serve terms of 3 years each. Thereafter all judges shall serve terms of 3 years each. If a judge on the Circuit Division is disqualified or otherwise unable to serve in a particular case, the presiding judge of the regional division to which that judge is assigned shall randomly select a judge from the division to serve in the place of the unavailable judge. (2) Jurisdiction.--The Circuit Division shall have jurisdiction to review, and to affirm, reverse, or modify any final decision rendered in any of the court's divisions that conflicts on an issue of law with a decision in another division of the court. The exercise of such jurisdiction shall be within the discretion of the Circuit Division and may be invoked by application for review by a party to the case, setting forth succinctly the issue of law as to which there is a conflict in the decisions of 2 or more divisions. The Circuit Division may review the decision of a panel within a division only if en banc review of the decision has been sought and denied by the division. (3) Procedures.--The Circuit Division shall consider and decide cases through procedures adopted by the court of appeals for the expeditious and inexpensive conduct of the division's business. The Circuit Division shall not function through panels. The Circuit Division shall decide issues of law on the basis of the opinions, briefs, and records in the conflicting decisions under review, unless the Circuit Division determines that special circumstances make additional briefing or oral argument necessary. (4) En banc proceedings.--Section 46 of title 28, United States Code, shall apply to each regional division of the Ninth Circuit Court of Appeals as though the division were the court of appeals. Section 46(c) of title 28, United States Code, authorizing hearings or rehearings en banc, shall be applicable only to the regional divisions of the court and not to the court of appeals as a whole. After a divisional plan is in effect, the court of appeals shall not order any hearing or rehearing en banc, and the authorization for a limited en banc procedure under section 6 of Public Law 95-486 (92 Stat. 1633), shall not apply to the Ninth Circuit. An en banc proceeding ordered before the divisional plan is in effect may be heard and determined in accordance with applicable rules of appellate procedure. (d) Clerks and Employees.--Section 711 of title 28, United States Code, shall apply to the Ninth Circuit Court of Appeals, except the clerk of the Ninth Circuit Court of Appeals may maintain an office or offices in each regional division of the court to provide services of the clerk's office for that division. (e) Study of Effectiveness.--The Federal Judicial Center shall conduct a study of the effectiveness and efficiency of the divisions in the Ninth Circuit Court of Appeals. No later than 3 years after the effective date of this Act, the Federal Judicial Center shall submit to the Judicial Conference of the United States a report summarizing the activities of the divisions, including the Circuit Division, and evaluating the effectiveness and efficiency of the divisional structure. The Judicial Conference shall submit recommendations to Congress concerning the divisional structure and whether the structure should be continued with or without modification. SEC. 2. ASSIGNMENT OF JUDGES; PANELS; EN BANC PROCEEDINGS; DIVISIONS; QUORUM. (a) In General.--Section 46 of title 28, United States Code, is amended to read as follows: ``Sec. 46. Assignment of judges; panels; en banc proceedings; divisions; quorum ``(a) Circuit judges shall sit on the court of appeals and its panels in such order and at such times as the court directs. ``(b) Unless otherwise provided by rule of court, a court of appeals or any regional division thereof shall consider and decide cases and controversies through panels of 3 judges, at least 2 of whom shall be judges of the court, unless such judges cannot sit because recused or disqualified, or unless the chief judge of that court certifies that there is an emergency including, but not limited to, the unavailability of a judge of the court because of illness. A court may provide by rule for the disposition of appeals through panels consisting of 2 judges, both of whom shall be judges of the court. Panels of the court shall sit at times and places and hear the cases and controversies assigned as the court directs. The United States Court of Appeals for the Federal Circuit shall determine by rule a procedure for the rotation of judges from panel-to-panel to ensure that all of the judges sit on a representative cross section of the cases heard and, notwithstanding the first sentence of this subsection, may determine by rule the number of judges, not less than 2, who constitute a panel. ``(c) Notwithstanding subsection (b), a majority of the judges of a court of appeals not organized into divisions as provided in subsection (d) who are in regular active service may order a hearing or rehearing before the court en banc. A court en banc shall consist of all circuit judges in regular active service, except that any senior circuit judge of the circuit shall be eligible to participate, at that judge's election and upon designation and assignment pursuant to section 294(c) and the rules of the circuit, as a member of an en banc court reviewing a decision of a panel of which such judge was a member. ``(d)(1) A court of appeals having more than 15 authorized judgeships may organize itself into 2 or more adjudicative divisions, with each judge of the court assigned to a specific division, either for a specified term of years or indefinitely. The court's docket shall be allocated among the divisions in accordance with a plan adopted by the court, and each division shall have exclusive appellate jurisdiction over the appeals assigned to it. The presiding judge of each division shall be determined from among the judges of the division in active status as though the division were the court of appeals, except the chief judge of the circuit shall not serve at the same time as the presiding judge of a division. ``(2) When organizing itself into divisions, a court of appeals shall establish a circuit division, consisting of the chief judge and additional circuit judges in active status, selected in accordance with rules adopted by the court, so as to make an odd number of judges but not more than 13. ``(3) The circuit division shall have jurisdiction to review, and to affirm, reverse, or modify any final decision rendered in any of the court's divisions that conflicts on an issue of law with a decision in another division of the court. The exercise of such jurisdiction shall be within the discretion of the circuit division and may be invoked by application for review by a party to the case, setting forth succinctly the issue of law as to which there is a conflict in the decisions of 2 or more divisions. The circuit division may review the decision of a panel within a division only if en banc review of the decision has been sought and denied by the division. ``(4) The circuit division shall consider and decide cases through procedures adopted by the court of appeals for the expeditious and inexpensive conduct of the circuit division's business. The circuit division shall not function through panels. The circuit division shall decide issues of law on the basis of the opinions, briefs, and records in the conflicting decisions under review, unless the division determines that special circumstances make additional briefing or oral argument necessary. ``(e) This section shall apply to each division of a court that is organized into divisions as though the division were the court of appeals. Subsection (c), authorizing hearings or rehearings en banc, shall be applicable only to the divisions of the court and not to the court of appeals as a whole, and the authorization for a limited en banc procedure under section 6 of Public Law 95-486 (92 Stat. 1633), shall not apply in that court. After a divisional plan is in effect, the court of appeals shall not order any hearing or rehearing en banc, but an en banc proceeding already ordered may be heard and determined in accordance with applicable rules of appellate procedure. ``(f) A majority of the number of judges authorized to constitute a court, a division, or a panel thereof shall constitute a quorum.''. (b) Technical and Conforming Amendment.--The table of sections for chapter 3 of title 28, United States Code, is amended by amending the item relating to section 46 to read as follows: ``46. Assignment of judges; panels; en banc proceedings; divisions; quorum.''. (c) Monitoring Implementation.--The Federal Judicial Center shall monitor the implementation of section 46 of title 28, United States Code (as amended by this section) for 3 years following the date of enactment of this Act and report to the Judicial Conference such information as the Center determines relevant or that the Conference requests to enable the Judicial Conference to assess the effectiveness and efficiency of this section. SEC. 3. DISTRICT COURT APPELLATE PANELS. (a) In General.--Chapter 5 of title 28, United States Code, is amended by adding after section 144 the following: ``Sec. 145. District Court Appellate Panels ``(a) The judicial council of each circuit may establish a district court appellate panel service composed of district judges of the circuit, in either active or senior status, who are assigned by the judicial council to hear and determine appeals in accordance with subsection (b). Judges assigned to the district court appellate panel service may continue to perform other judicial duties. ``(b) An appeal heard under this section shall be heard by a panel composed of 2 district judges assigned to the district court appellate panel service, and 1 circuit judge as designated by the chief judge of the circuit. The circuit judge shall preside. A district judge serving on an appellate panel shall not participate in the review of decisions of the district court to which the judge has been appointed. The clerk of the court of appeals shall serve as the clerk of the district court appellate panels. A district court appellate panel may sit at any place within the circuit, pursuant to rules promulgated by the judicial council, to hear and decide cases, for the convenience of parties and counsel. ``(c) In establishing a district court appellate panel service, the judicial council shall specify the categories or types of cases over which district court appellate panels shall have appellate jurisdiction. In such cases specified by the judicial council as appropriate for assignment to district court appellate panels, and notwithstanding sections 1291 and 1292, the appellate panel shall have exclusive jurisdiction over district court decisions and may exercise all of the authority otherwise vested in the court of appeals under sections 1291, 1292, 1651, and 2106. A district court appellate panel may transfer a case within its jurisdiction to the court of appeals if the panel determines that disposition of the case involves a question of law that should be determined by the court of appeals. The court of appeals shall thereupon assume jurisdiction over the case for all purposes. ``(d) Final decisions of district court appellate panels may be reviewed by the court of appeals, in its discretion. A party seeking review shall file a petition for leave to appeal in the court of appeals, which that court may grant or deny in its discretion. If a court of appeals is organized into adjudicative divisions, review of a district court appellate panel decision shall be in the division to which an appeal would have been taken from the district court had there been no district court appellate panel. ``(e) Procedures governing review in district court appellate panels and the discretionary review of such panels in the court of appeals shall be in accordance with rules promulgated by the court of appeals. ``(f) After a judicial council of a circuit makes an order establishing a district court appellate panel service, the chief judge of the circuit may request the Chief Justice of the United States to assign 1 or more district judges from another circuit to serve on a district court appellate panel, if the chief judge determines there is a need for such judges. The Chief Justice may thereupon designate and assign such judges for this purpose.''. (b) Technical and Conforming Amendment.--The table of sections for chapter 5 of title 28, United States Code, is amended by adding after the item relating to section 144 the following: ``145. District court appellate panels.''. (c) Monitoring Implementation.--The Federal Judicial Center shall monitor the implementation of section 145 of title 28, United States Code (as added by this section) for 3 years following the date of enactment of this Act and report to the Judicial Conference such information as the Center determines relevant or that the Conference requests to enable the Conference to assess the effectiveness and efficiency of this section.

Federal Ninth Circuit Reorganization Act of 1999 - Organizes the United States Court of Appeals for the Ninth Circuit into three regional divisions, designated as the Northern, Middle, and Southern Divisions, and a nonregional Circuit Division. Makes provisions of the Federal judicial code regarding circuits in which decisions are reviewable inapplicable to the Ninth Circuit, with such review instead governed by this Act. Directs that appeals from: (1) the districts of Alaska, Guam, Hawaii, Idaho, Montana, the Northern Mariana Islands Oregon, Eastern Washington, and Western Washington be taken to the Northern Division; (2) the districts of Eastern California, Northern California, and Nevada be taken to the Middle Division; (3) the districts of Arizona, Central California, and Southern California be taken to the Southern Division; and (4) the Tax Court, petitions to enforce the orders of administrative agencies, and specified other proceedings be filed in the court of appeals and assigned to the division that would have jurisdiction if the division were a separate court of appeals. Directs the Ninth Circuit to establish a Circuit Division which shall have jurisdiction to review, and to affirm, reverse, or modify, any final decision rendered in any of the court's divisions that conflicts on an issue of law with a decision in another division of the court. Requires: (1) the Federal Judicial Center to study the effectiveness and efficiency of the Ninth Circuit divisions, and report to the Judicial Conference of the United States; and (2) the Judicial Conference to submit recommendations to the Congress. (Sec. 2) Rewrites provisions regarding the assignment of judges to direct a court of appeals or any regional division thereof to consider and decide cases and controversies through three judge panels, at least two of whom shall be judges of the court, with exceptions. Directs the United States Court of Appeals for the Federal Circuit to determine a procedure for the rotation of judges. (Sec. 3) Amends the judicial code to authorize the judicial council of each circuit to establish a district court appellate panel service. Directs the judicial council to specify the categories or types of cases over which such panels shall have appellate jurisdiction. Directs the Federal Judicial Center to monitor the implementation under this section and to report to the Judicial Conference.

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SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Health Savings Act of 2015''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Health savings accounts for children. Sec. 3. Allowing HSA rollover to child or parent of account holder. Sec. 4. Maximum contribution limit to HSA increased to amount of deductible and out-of-pocket limitation. Sec. 5. Equivalent bankruptcy protections for health savings accounts as retirement funds. Sec. 6. Allowance of silver and bronze plans in connection with health savings accounts. Sec. 7. Identification of HSA compatible plans. SEC. 2. HEALTH SAVINGS ACCOUNTS FOR CHILDREN. (a) In General.--Section 223 of the Internal Revenue Code of 1986 is amended by redesignating subsection (h) as subsection (i) and by inserting after subsection (g) the following new subsection: ``(h) Child Health Savings Accounts.-- ``(1) In general.--In the case of an individual, in addition to any deduction allowed under subsection (a) for any taxable year, there shall be allowed as a deduction under this section an amount equal to the aggregate amount paid in cash by the taxpayer during the taxable year to a child health savings account of a child or grandchild of the taxpayer. ``(2) Limitations.-- ``(A) Deduction limitation.--The amount taken into account under paragraph (1) with respect to each child or grandchild of the taxpayer, as the case may be, for the taxable year shall not exceed the sum of the monthly limitations with respect to such child for months during the taxable year that the child is an eligible individual. ``(B) Limit on accounts with respect to individual.--The aggregate amount of contributions which may be made for any taxable year to all child health savings accounts established and maintained on behalf of a child shall not exceed the sum of the monthly limitations for months during the taxable year that the child is an eligible individual. ``(C) Monthly limitation.--The monthly limitation for any month with respect to a child is \1/12\ of the amount in effect for the taxable year under subsection (c)(2)(A)(ii)(I). ``(3) Treatment of account while a dependent.--For purposes of this section, except as otherwise provided in this subsection, a child health savings account established for the benefit of the child of a taxpayer shall be treated as a health savings account of the taxpayer until the first taxable year (and each taxable year thereafter) for which no deduction under section 151 is allowable to any taxpayer with respect to such child, after which such account shall be treated as a health savings account of the child. The preceding sentence shall not apply for purposes of applying the limitations in subsection (b) to a health savings account of the taxpayer. ``(4) Child health savings account.--For purposes of this subsection, the term `child health savings account' means a health savings account designated as a child health savings account and established for the benefit of a child of a taxpayer. ``(5) Qualified medical expenses.--For purposes of this section, the term `qualified medical expenses' shall, with respect to any child health savings account, not include any amounts paid for medical care (as defined in section 213(d)) for any individual other than the child for whose benefit the account is maintained. ``(6) Exceptions for disability or death of child.--If the child becomes disabled within the meaning of section 72(m)(7) or dies-- ``(A) subsection (f)(4)(A) shall not apply to any subsequent payment or distribution, and ``(B) the taxpayer may rollover the amount in such account to any health savings account of the taxpayer or grandparent of the child or to any child health savings account of any other child of the taxpayer. ``(7) Guardians.--Any legal guardian of a child shall be treated as the parent of such child for purposes of this section. ``(8) Regulations.--The Secretary shall prescribe such regulations as may be necessary to carry out the purposes of this subsection, including rules for determining application of this subsection in the case of legal guardians and in the case of parents of a child who file separately, are separated, or are not married.''. (b) Coordination With Means-Tested Programs.--Amounts in a child health savings account shall not be taken into account in determining resources for purposes of title XIX of the Social Security Act. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. SEC. 3. ALLOWING HSA ROLLOVER TO CHILD OR PARENT OF ACCOUNT HOLDER. (a) In General.--Subparagraph (A) of section 223(f)(8) of the Internal Revenue Code of 1986 is amended-- (1) by inserting ``child, parent, or grandparent'' after ``surviving spouse'', (2) by inserting ``child, parent, or grandparent, as the case may be,'' after ``the spouse'', (3) by inserting ``, child, parent, or grandparent'' after ``spouse'' in the heading thereof, and (4) by adding at the end the following: ``In the case of a child who acquires such beneficiary's interest and with respect to whom a deduction under section 151 is allowable to another taxpayer for a taxable year beginning in the calendar year in which such individual's taxable year begins, such health savings account shall be treated as a child health savings account of the child.''. (b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. SEC. 4. MAXIMUM CONTRIBUTION LIMIT TO HSA INCREASED TO AMOUNT OF DEDUCTIBLE AND OUT-OF-POCKET LIMITATION. (a) Self-Only Coverage.--Subparagraph (A) of section 223(b)(2) of the Internal Revenue Code of 1986 is amended by striking ``$2,250'' and inserting ``the amount in effect under subsection (c)(2)(A)(ii)(I)''. (b) Family Coverage.--Subparagraph (B) of section 223(b)(2) of such Code is amended by striking ``$4,500'' and inserting ``the amount in effect under subsection (c)(2)(A)(ii)(II)''. (c) Conforming Amendment.--Section 223(g)(1) of such Code is amended by striking ``subsections (b)(2) and'' and inserting ``subsection''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. SEC. 5. EQUIVALENT BANKRUPTCY PROTECTIONS FOR HEALTH SAVINGS ACCOUNTS AS RETIREMENT FUNDS. (a) In General.--Section 522 of title 11, United States Code, is amended by adding at the end the following new subsection: ``(r) For purposes of this section, any health savings account (as described in section 223 of the Internal Revenue Code of 1986) shall be treated in the same manner as an individual retirement account described in section 408 of such Code.''. (b) Effective Date.--The amendment made by this section shall apply to cases commencing under title 11, United States Code, after the date of the enactment of this Act. SEC. 6. ALLOWANCE OF SILVER AND BRONZE PLANS IN CONNECTION WITH HEALTH SAVINGS ACCOUNTS. (a) In General.--Section 223 of the Internal Revenue Code of 1986 is amended-- (1) by striking ``a high deductible health plan'' each place it appears and inserting ``an HSA compatible health plan'', (2) by striking ``high deductible health plan'' in subsection (b)(8)(A)(ii) and inserting ``HSA compatible health plan'', and (3) by striking ``the high deductible health plan'' in subsection (c)(1)(A)(ii)(II) and inserting ``the HSA compatible health plan''. (b) HSA Compatible Health Plan Defined.--Paragraph (2) of section 223(c) of such Code is amended by redesignating subparagraphs (A), (B), (C), and (D) as subparagraphs (B), (C), (D), and (E) and by inserting before subparagraph (B), as so redesignated, the following new subparagraph: ``(A) In general.--The term `HSA compatible health plan' means-- ``(i) any high deductible health plan, ``(ii) any plan described in section 1302(e) of the Patient Protection and Affordable Care Act (relating to catastrophic plan), or ``(iii) any silver or bronze plan which was enrolled in through an Exchange established under section 1311 or section 1321 of the Patient Protection and Affordable Care Act.''. (c) Clerical Amendments.--Section 223 of such Code is amended-- (1) by striking ``In general'' in the heading for subsection (c)(2)(B), as redesignated by subsection (b) of this Act, and inserting ``High deductible health plan'', (2) by striking ``high deductible health plan'' in the heading for subsection (b)(8)(B) and inserting ``hsa compatible health plan'', and (3) by striking ``High deductible health plan'' in the heading for subsection (c)(2) and inserting ``HSA compatible health plan''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2015. SEC. 7. IDENTIFICATION OF HSA COMPATIBLE PLANS. Section 1103(b) of the Patient Protection and Affordable Care Act (42 U.S.C. 18003(b)) is amended by adding at the end the following new paragraph: ``(3) Identification of hsa compatible plans.--Beginning for plan year 2016, the format described in paragraph (1) shall require that information on a coverage option described in subsection (a)(2) that is an HSA compatible health plan (as defined in section 223(c)(2) of the Internal Revenue Code of 1986) identifies such plan as a plan that satisfies the requirement of section 223(c)(1)(A)(i) of such Code.''.

Health Savings Act of 2015 Amends the Internal Revenue Code, with respect to health savings accounts (HSAs), to: (1) allow an additional tax deduction for amounts paid to the HSA of a taxpayer's child or grandchild; (2) allow a rollover of HSA funds to the child, parent, or grandparent of an account holder; (3) increase the maximum HSA contribution limit to match the amount of the deductible and out-of-pocket expenses under a high deductible health plan; and (4) expand the definition of an HSA compatible plan to include bronze, silver, and catastrophic plans on an insurance exchange. Amends the federal bankruptcy code to treat HSAs in the same manner as individual retirement accounts for purposes of determining exemptions from the bankruptcy estate.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Oregon Water Resources Management Act of 2006''. SEC. 2. EXTENSION OF PARTICIPATION OF BUREAU OF RECLAMATION IN DESCHUTES RIVER CONSERVANCY. Section 301 of the Oregon Resource Conservation Act of 1996 (division B of Public Law 104-208; 110 Stat. 3009-534) is amended-- (1) in subsection (a)(1), by striking ``Deschutes River Basin Working Group'' and inserting ``Deschutes River Conservancy Working Group''; (2) by amending the text of subsection (a)(1)(B) to read as follows: ``4 representatives of private interests including two from irrigated agriculture who actively farm more than 100 acres of irrigated land and are not irrigation district managers and two from the environmental community;''; (3) in subsection (b)(3), by inserting before the final period the following: ``, and up to a total amount of $2,000,000 during each of fiscal years 2006 through 2015''; and (4) in subsection (h), by inserting before the period at the end the following: ``, and $2,000,000 for each of fiscal years 2006 through 2015''. SEC. 3. WALLOWA LAKE DAM REHABILITATION ACT. (a) Definitions.--In this section, the following definitions apply: (1) Associated ditch companies, incorporated.--The term ``Associated Ditch Companies, Incorporated'' means the nonprofit corporation established under the laws of the State of Oregon that operates Wallowa Lake Dam. (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior, acting through the Commissioner of Reclamation. (3) Wallowa lake dam rehabilitation program.--The term ``Wallowa Lake Dam Rehabilitation Program'' means the program for the rehabilitation of the Wallowa Lake Dam in Oregon, as contained in the engineering document titled, ``Phase I Dam Assessment and Preliminary Engineering Design'', dated December 2002, and on file with the Bureau of Reclamation. (b) Authorization to Participate in Program.-- (1) Grants and cooperative agreements.--The Secretary may provide grants to, or enter into cooperative or other agreements with, tribal, State, and local governmental entities and the Associated Ditch Companies, Incorporated, to plan, design, and construct facilities needed to implement the Wallowa Lake Dam Rehabilitation Program. (2) Conditions.--As a condition of providing funds under paragraph (1), the Secretary shall ensure that-- (A) the Wallowa Lake Dam Rehabilitation Program and activities under this section meet the standards of the dam safety program of the State of Oregon; (B) the Associated Ditch Companies, Incorporated, agrees to assume liability for any work performed, or supervised, with Federal funds provided to it under this section; and (C) the United States shall not be liable for damages of any kind arising out of any act, omission, or occurrence relating to a facility rehabilitated or constructed with Federal funds provided under this section, both while and after activities are conducted using Federal funds provided under this section. (3) Cost sharing.-- (A) In general.--The Federal share of the costs of activities authorized under this section shall not exceed 50 percent. (B) Exclusions from federal share.--There shall not be credited against the Federal share of such costs-- (i) any expenditure by the Bonneville Power Administration in the Wallowa River watershed; and (ii) expenditures made by individual agricultural producers in any Federal commodity or conservation program. (4) Compliance with state law.--The Secretary, in carrying out this section, shall comply with applicable Oregon State water law. (5) Prohibition on holding title.--The Federal Government shall not hold title to any facility rehabilitated or constructed under this section. (6) Prohibition on operation and maintenance.--The Federal Government shall not be responsible for the operation and maintenance of any facility constructed or rehabilitated under this section. (c) Relationship to Other Law.--Activities funded under this section shall not be considered a supplemental or additional benefit under Federal reclamation law (the Act of June 17, 1902 (32 Stat. 388, chapter 1093), and Acts supplemental to and amendatory of that Act (43 U.S.C. 371 et seq.)). (d) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary to pay the Federal share of the costs of activities authorized under this section, $6,000,000. (e) Sunset.--The authority of the Secretary to carry out any provisions of this section shall terminate 10 years after the date of the enactment of this section. SEC. 4. LITTLE BUTTE/BEAR CREEK SUBBASINS, OREGON, WATER RESOURCE STUDY. (a) Authorization.--The Secretary of the Interior, acting through the Bureau of Reclamation, may participate in the Water for Irrigation, Streams and the Economy Project water management feasibility study and environmental impact statement in accordance with the ``Memorandum of Agreement Between City of Medford and Bureau of Reclamation for the Water for Irrigation, Streams, and the Economy Project'', dated July 2, 2004. (b) Authorization of Appropriations.-- (1) In general.--There is authorized to be appropriated to the Bureau of Reclamation $500,000 to carry out activities under this section. (2) Non-federal share.-- (A) In general.--The non-Federal share shall be 50 percent of the total costs of the Bureau of Reclamation in carrying out subsection (a). (B) Form.--The non-Federal share required under subparagraph (A) may be in the form of any in-kind services that the Secretary of the Interior determines would contribute substantially toward the conduct and completion of the study and environmental impact statement required under subsection (a). (c) Sunset.--The authority of the Secretary to carry out any provisions of this section shall terminate 10 years after the date of the enactment of this section. SEC. 5. NORTH UNIT IRRIGATION DISTRICT. (a) Short Title.--This section may be cited as the ``North Unit Irrigation District Act of 2006''. (b) Amendment.--The Act of August 10, 1954 (68 Stat. 679, chapter 663), is amended-- (1) in the first section-- (A) by inserting ``(referred to in this Act as the `District')'' after ``irrigation district''; and (B) by inserting ``(referred to in this Act as the `Contract')'' after ``1953''; and (2) by adding at the end the following: ``SEC. 3. ADDITIONAL TERMS. ``On approval of the District directors and notwithstanding project authorizing legislation to the contrary, the Contract is modified, without further action by the Secretary of the Interior, to include the following modifications: ``(1) In Article 8(a) of the Contract, by deleting `a maximum of 50,000' and inserting `approximately 59,000' after `irrigation service to'. ``(2) In Article 11(a) of the Contract, by deleting `The classified irrigable lands within the project comprise 49,817.75 irrigable acres, of which 35,773.75 acres are in Class A and 14,044.40 in Class B. These lands and the standards upon which the classification was made are described in the document entitled ``Land Classification, North Unit, Deschutes Project, 1953'' which is on file in the office of the Regional Director, Bureau of Reclamation, Boise, Idaho, and in the office of the District' and inserting `The classified irrigable land within the project comprises 58,902.8 irrigable acres, all of which are authorized to receive irrigation water pursuant to water rights issued by the State of Oregon and have in the past received water pursuant to such State water rights.'. ``(3) In Article 11(c) of the Contract, by deleting `, with the approval of the Secretary,' after `District may', by deleting `the 49,817.75 acre maximum limit on the irrigable area is not exceeded' and inserting `irrigation service is provided to no more than approximately 59,000 acres and no amendment to the District boundary is required' after `time so long as'. ``(4) In Article 11(d) of the Contract, by inserting `, and may further be used for instream purposes, including fish or wildlife purposes, to the extent that such use is required by Oregon State law in order for the District to engage in, or take advantage of, conserved water projects as authorized by Oregon State law' after `herein provided'. ``(5) By adding at the end of Article 12(d) the following: `(e) Notwithstanding the above subsections of this Article or Article 13 below, beginning with the irrigation season immediately following the date of enactment of the North Unit Irrigation District Act of 2006, the annual installment for each year, for the District, under the Contract, on account of the District's construction charge obligation, shall be a fixed and equal annual amount payable on June 30 the year following the year for which it is applicable, such that the District's total construction charge obligation shall be completely paid by June 30, 2044.'. ``(6) In Article 14(a) of the Contract, by inserting `and for instream purposes, including fish or wildlife purposes, to the extent that such use is required by Oregon State law in order for the District to engage in, or take advantage of, conserved water projects as authorized by Oregon State law,' after `and incidental stock and domestic uses', by inserting `and for instream purposes as described above,' after `irrigation, stock and domestic uses', and by inserting `, including natural flow rights out of the Crooked River held by the District' after `irrigation system'. ``(7) In Article 29(a) of the Contract, by inserting `and for instream purposes, including fish or wildlife purposes, to the extent that such use is required by Oregon State law in order for the District to engage in, or take advantage of, conserved water projects as authorized by Oregon State law' after `provided in article 11'. ``(8) In Article 34 of the Contract, by deleting `The District, after the election and upon the execution of this contract, shall promptly secure final decree of the proper State court approving and confirming this contract and decreeing and adjudging it to be a lawful, valid, and binding general obligation of the District. The District shall furnish to the United States certified copies of such decrees and of all pertinent supporting records.' after `for that purpose.'. ``SEC. 4. FUTURE AUTHORITY TO RENEGOTIATE. ``The Secretary of the Interior (acting through the Commissioner of Reclamation) may in the future renegotiate with the District such terms of the Contract as the District directors determine to be necessary, only upon the written request of the District directors and the consent of the Commissioner of Reclamation.''. Passed the House of Representatives September 25, 2006. Attest: KAREN L. HAAS, Clerk.

Oregon Water Resources Management Act of 2006 - (Sec. 2) Amends the Oregon Resource Conservation Act of 1996 to: (1) replace references to the Deschutes River Basin Working Group with the Deschutes River Conservancy Working Group; (2) require the two representatives of private interests from irrigated agriculture on the Working Group to actively farm more than 100 acres of irrigated land and not be irrigation district managers; (3) direct the Bureau of Reclamation to pay up to a total amount of $2 million for each of FY2006 through FY2015 for 50% of the cost of performing projects proposed by the Working Group and approved by the Secretary of the Interior; and (4) authorize appropriations for Deschutes Basin ecosystem restoration projects for FY2006-FY2015. (Sec. 3) Authorizes the Secretary, acting through the Commissioner of Reclamation, to provide grants to, or enter into cooperative or other agreements with, tribal, state, and local governmental entities and the Associated Ditch Companies, Incorporated (ADC) (nonprofit corporation that operates the Wallowa Lake Dam) to plan, design, and construct facilities needed to implement the Wallowa Lake Dam Rehabilitation Program. Directs the Secretary, as a condition of providing funds, to ensure that: (1) the Rehabilitation Program meets the standards of the dam safety program of Oregon; (2) ADC agrees to assume liability for any work performed or supervised with federal funds provided to it under this section; and (3) the United States shall not be liable for damages arising out of any act relating to a facility rehabilitated or constructed with federal funds provided under this Act, both while and after activities are conducted using such funds. Limits the federal share of the cost of activities authorized under this section to 50%. Prohibits the federal government from holding title to, or being responsible for the operation and maintenance of, any facility rehabilitated or constructed under this section. Authorizes appropriations. Terminates the Secretary's authority to carry out this section 10 years after its enactment. (Sec. 4) Authorizes the Secretary, acting through the Bureau, to participate in the Water for Irrigation, Streams and the Economy Project water management feasibility study and environmental impact statement in accordance with the Memorandum of Agreement Between City of Medford and Bureau of Reclamation for the Water for Irrigation, Streams and the Economy Project, dated July 2, 2004. Authorizes appropriations. Sets the non-federal share at 50% of the Bureau's costs in carrying out this section. Permits the non-federal share to be in the form of certain in-kind services. Terminates the Secretary's authority to carry out this section 10 years after its enactment. (Sec. 5) North Unit Irrigation District Act of 2006 - Modifies a repayment contract between the Secretary and the North Unit Irrigation District, Oregon, to permit the District to engage in, or take advantage of, conserved water projects authorized by Oregon law. Authorizes the Secretary to renegotiate such contract terms as the District directors determine to be necessary, only upon the written request of the District directors and the consent of the Commissioner.

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SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Iraqi Refugee and Internally Displaced Persons Humanitarian Assistance, Resettlement, and Security Act of 2007''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. Sec. 3. Sense of Congress. Sec. 4. Statements of policy. Sec. 5. Humanitarian assistance for Iraqi refugees and IDPs. Sec. 6. Improved border security. Sec. 7. Special immigrant status. Sec. 8. Expedited processing of Iraqi refugees. Sec. 9. International cooperation. Sec. 10. Report to Congress. SEC. 2. FINDINGS. Congress finds the following: (1) Since the beginning of the war in Iraq, according to the Office of the United Nations High Commissioner for Refugees (UNHCR), more than 2,000,000 Iraqis have fled their homes for neighboring countries to avoid sectarian and other violence. (2) According to the UNHCR, there are 2,200,000 internally displaced people (IDPs) in Iraq, many lacking adequate food, shelter, and other basic services; (3) The security situation within Iraq reduces access to the Iraqi population by Iraqi Government agencies and humanitarian aid providers and greatly limits the provision of aid. (4) The dispersion of Iraqi refugees in poor urban areas of host countries makes it exceedingly difficult for humanitarian agencies to identify and reach these populations. (5) Iraq itself hosts more than 43,000 refugees from other countries, many of whom were refugees prior to 2003 and have been displaced in Iraq for a second time, including many Palestinians. (6) Palestinian refugee camps in Iraq near the Syrian and Jordanian borders remain in dire need of humanitarian assistance. (7) Many Iraqis have put their lives and those of their families at risk by working for the United States Government, United States companies, and nongovernmental organizations. (8) Since March 2003, the United States Government has admitted 1,459 Iraqi refugees, while Jordan, a resource-poor country, has accepted an estimated 750,000, Syria an estimated 1,500,000, and other countries neighboring Iraq have received hundreds of thousands more. (9) Current United States policies governing the processing of refugees constrain the Department of Homeland Security from expediting the screening procedures and increasing the number of Iraqi refugees accepted into the United States. (10) The massive flow of Iraqi refugees into neighboring host countries has overwhelmed existing social, economic, and security capacities of such countries. (11) The Government of Jordan and the Government of Syria require immediate assistance to adequately assist Iraqi refugee populations, to ensure an effective degree of security within their respective countries, and safeguard their borders. (12) Increasing destitution and poverty among displaced populations provide fertile ground for extremist ideologies to take root. (13) The Iraq Study group predicted that ``[a] humanitarian catastrophe could follow as more refugees are forced to relocate across the country and the region.''. (14) The humanitarian crisis in Iraq threatens to destabilize the entire region and other areas as well, including Central Asia and Europe. (15) Jordan estimates that it needs more than $1,000,000,000 in emergency assistance and Syria estimates it needs more than $250,000,000 in similar assistance to adequately provide for the refugee populations they are hosting, ensure an effective degree of security within their respective countries, and safeguard their borders. (16) The United States policy is to admit at least half of the refugees referred by the UNHCR. In 2007, UNHCR referred more than 9,500 cases to the United States. The United States pledged to resettle 7,000 Iraqi refugees in 2007, later reduced to 2,000, a commitment which has yet to be met. SEC. 3. SENSE OF CONGRESS. It is the sense of Congress that-- (1) Iraqi refugees and IDPs will have an impact on the security of the region and the short and long-term effects of their displacement must be considered within overall United States Iraq policy; (2) the United States must demonstrate its commitment to resettle Iraqi refugees and to work with other governments, including the member states of the Organization for Security and Cooperation in Europe, to encourage them to do the same; and (3) the United States should express its gratitude and support to host countries for providing humanitarian assistance to Iraqi refugees, as well as to those countries that have already resettled Iraqi refugees. SEC. 4. STATEMENTS OF POLICY. The following shall be the policies of the United States: (1) To spearhead efforts to provide for the relief of Iraqi refugees and IDPs, to take the lead in funding assistance requests from the UNHCR and other humanitarian agencies, and to assist in the resettlement of Iraqi refugees, particularly those who have risked their lives and the lives of their families to assist the United States in Iraq. (2) To develop immediately a comprehensive program to support the host countries and meet the needs of the growing Iraqi refugee and IDP populations, and appoint a high-level coordinator to ensure expeditious and effective implementation of such a program. (3) To work with the Government of Iraq to help it improve its capacity and ability to provide relief for internally displaced persons in all communities throughout the country and to provide assistance to Iraqi refugees in neighboring countries. (4) To commit to working with international partners, including the United Nations, donor countries, international financial institutions, and international and indigenous nongovernmental organizations to assist in providing for the emergency, medium, and long-term humanitarian needs of Iraqi refugees and IDPs. SEC. 5. HUMANITARIAN ASSISTANCE FOR IRAQI REFUGEES AND IDPS. (a) In General.--With respect to each country containing a significant population of Iraqi refugees or IDPs, including Iraq, Jordan, Syria, Turkey, Iran, and Lebanon, the Secretary of State shall provide bilateral assistance to such countries, as appropriate, or funding to international aid organizations and nongovernmental organizations in accordance with subsection (b) that are working in such countries, to provide such refugees and IDPs with humanitarian assistance, including adequate food, shelter, clean drinking water, sanitation, health care, education, and security. (b) Assistance and Funding.--Assistance and funding under paragraph (1) shall be in the form of-- (1) contributions to the UNHCR that are not less than 50 percent of the amount requested by the UNHCR for 2008, 2009, 2010, and 2011 for aid to Iraqi refugees; (2) contributions to the International Federation of the Red Cross and Red Crescent and other nongovernmental organizations working in such countries to provide aid to Iraqi refugees; and (3) contributions and technical assistance to relevant ministries of the Government of Iraq, contingent on matching Government of Iraq funding of assistance programs for IDPs and Iraqi refugees in neighboring countries, together with appropriate monitoring mechanisms. (c) Special Provisions Relating to IDPs.--The Secretary of State shall make every effort to ensure that the humanitarian needs of the most vulnerable IDP populations, including women, children, and religious and other minorities, are met, including increased resources to improve the registration capabilities of nongovernmental organizations for such IDPs, adequate food, shelter, clean drinking water, sanitation, health care, education, and security . (d) Authorization of Appropriations.--There is authorized to be appropriated $700,000,000 for each of fiscal years 2008, 2009, and 2010 to carry out this section. Amounts appropriated pursuant to this authorization shall be in addition to amounts otherwise available for such purposes. SEC. 6. IMPROVED BORDER SECURITY. (a) Security Screening of Refugees.-- (1) In general.--As soon as practicable but not later than 180 days after the date of the enactment of this Act, the Secretary of the Department of Homeland Security, in cooperation with the Secretary of State, shall establish a program to assist in improving the capacity of Jordanian border police, immigration officers, and other individuals who are responsible for Jordanian border security functions in the security screening of Iraqi refugees to determine the eligibility of such refugees for acceptance in Jordan. (2) Scope of assistance.--The program described in paragraph (1) shall be extended to ports of entry at Jordanian land, sea, and air borders and may include the following subject matter areas: (A) Police and border guard training, in order to conduct threat assessments of each refugee, detect threat items and contraband in the possession or on the person of a refugee, and identify any linkages of a refugee to terrorists or terrorist organizations. (B) Travel documentation authentication, including equipment and training, in order to aid in the verification of the authenticity of passports and other travel documents presented by refugees. (C) Technology, including biometric equipment for capturing a unique biometric of each refugee to be matched with their biographic data, and the establishment of a database for such information, and remotely-piloted aircraft, cameras, and sensors for border surveillance, including the collection of intelligence to counter smuggling and other criminal activities along the borders. (D) Personnel, for the purpose of interdicting the illegal movement of people, weapons, and other contraband across the border, including an increase in the number of border police and officers providing investigative support to border security functions. (b) Authorization of Appropriations.--There are authorized to be appropriated $500,000,000 to carry out this section. SEC. 7. SPECIAL IMMIGRANT STATUS. (a) In General.--Notwithstanding any other provision of law, for purposes of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.), the Secretary of Homeland Security may provide an alien described in subsection (b) with the status of a special immigrant under section 101(a)(27) of such Act (8 U.S.C. 1101(a)(27)), if the alien-- (1) is otherwise eligible to receive an immigrant visa; and (2) is otherwise admissible to the United States for permanent residence. (b) Aliens Described.-- (1) Principal aliens.--An alien is described in this subsection if the alien-- (A) is a national of Iraq; (B) was employed by, or worked for or with, the United States Government, United States companies, or nongovernmental organizations in Iraq on or after March 19, 2003, for a period of not less than one year; and (C) fears reprisal, persecution, injury, or death to the alien or the alien's family due to the employment or work of the alien referred to in subparagraph (B). (2) Spouses and children.--An alien is described in this subsection if the alien is-- (A) the spouse or child of a principal alien described in paragraph (1); and (B) is following or accompanying to join the principal alien in the United States. (c) Benefits.--Aliens provided special immigrant status under this section shall be eligible for the same resettlement assistance, entitlement programs, and other benefits as refugees admitted under section 207 of the Immigration and Naturalization Act (8 U.S.C. 1157). (d) Protection of Aliens.--The Secretary of State, in consultation with the heads of other relevant Federal agencies, shall provide an alien described in this section who is applying for a special immigrant visa with protection or the immediate removal from Iraq if the Secretary determines that such alien fears reprisal, persecution, injury, or death to the alien or the alien's family due to the employment or work of the alien referred to in paragraph (1)(B). (e) Authorization of Appropriations.--There is authorized to be appropriated $500,000,000 for each of fiscal years 2008, 2009, and 2010 to carry out this section. Amounts appropriated pursuant to this authorization shall be in addition to amounts otherwise available for such purposes. SEC. 8. EXPEDITED PROCESSING OF IRAQI REFUGEES. (a) In General.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security, in cooperation with the Secretary of State, shall make every effort to streamline the screening and security investigations processes for assessing the eligibility of Iraqi applicants for refugee status in the United States. (b) Prioritization.--In carrying out subsection (a), the Secretary shall-- (1) give priority to Iraqis who-- (A) were employed by the United States Government, United States companies, and nongovernmental organizations; or (B) are members of particularly vulnerable refugee populations, including Iraqis from ethnically mixed families and Iraqis who are members of religious or other minority groups; and (2) increase by 100 percent the number of personnel of the Department of Homeland Security who conduct security reviews of Iraqi applicants for refugee status in the United States. (c) Numbers.--For each of fiscal years 2008, 2009, and 2010, up to 20,000 Iraqis may be accepted into the United States as refugees under this section. SEC. 9. INTERNATIONAL COOPERATION. The Secretary of State, in cooperation with the Secretary of Homeland Security, shall work with the international community, including the United Nations, the Organization for Security and Cooperation in Europe, the European Union, the Organization of American States, the Association of Southeast Asian Nations, and others to establish mechanisms to provide-- (1) financial assistance to Iraqi refugee and IDP populations through bilateral assistance to host governments or through international organizations that are working directly with such refugee and internally displaced populations; (2) technical and financial assistance to international organizations in order to process refugees; and (3) increased attention to and advocacy on behalf of Iraqi refugees and IDPs by continuing to strongly support the work of the UNHCR and its donor conferences. SEC. 10. REPORT TO CONGRESS. Not later than 180 days after the date of the enactment of this Act and every six months thereafter, the Secretary of State shall submit to the Committee on Foreign Affairs and the Committee on the Judiciary of the House of Representatives and the Committee on Foreign Relations and the Committee on the Judiciary of the Senate a report regarding implementation of this Act, including-- (1) assistance and funding to host countries and international aid organizations and nongovernmental organizations pursuant to section 5, and accountability reports regarding how such funds are being expended; (2) measures taken by the United States to increase its capabilities to process Iraqi refugees for resettlement and the number of Iraqi refugees resettled under sections 7 and 8; and (3) an evaluation of the effectiveness of measures implemented by agencies of the Government of Iraq to provide direct assistance to IDPs and Iraqi refugees in neighboring countries.

Iraqi Refugee and Internally Displaced Persons Humanitarian Assistance, Resettlement, and Security Act of 2007 - Directs the Secretary of State, with respect to each country containing a significant population of Iraqi refugees or internally displaced persons including Iraq, Jordan, Syria, Turkey, Iran, and Lebanon, to provide bilateral assistance or funding to international aid organizations and nongovernmental organizations for humanitarian assistance, including adequate food, shelter, clean drinking water, sanitation, health care, education, and security. Directs the Secretary of Homeland Security to establish a program to assist Jordanian border police, immigration officers, and other individuals responsible for Jordanian border security in the security screening of Iraqi refugees. Authorizes special immigrant status for an alien (and accompanying or joining spouse and children) who: (1) is a national of Iraq; (2) was employed by, or worked for or with, the U.S. government, U.S. companies, or nongovernmental organizations in Iraq on or after March 19, 2003, for at least one year; and (3) fears reprisal, persecution, injury, or death to the alien or the alien's family due to such employment. Directs the Secretary of State to provide such alien with protection or immediate removal from Iraq. Directs the Secretary of Homeland Security to provide for expedited processing of Iraqi refugees, with priority for Iraqis who: (1) were employed by the U.S. government, U.S. companies, or nongovernmental organizations; or (2) are members of vulnerable refugee populations, including Iraqis from ethnically mixed families and Iraqis who are members of religious or other minority groups. Directs the Secretary of State to work with the international community to assist Iraqi refugees and internally displaced persons.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Prematurity Research Expansion and Education for Mothers who deliver Infants Early Act'' or the ``PREEMIE Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress makes the following findings: (1) Premature birth is a serious and growing problem. The rate of preterm birth increased 27 percent between 1981 and 2001 (from 9.4 percent to 11.9 percent). In 2001, more than 476,000 babies were born prematurely in the United States. (2) Preterm birth accounts for 23 percent of deaths in the first month of life. (3) Premature infants are 14 times more likely to die in the first year of life. (4) Premature babies who survive may suffer lifelong consequences, including cerebral palsy, mental retardation, chronic lung disease, and vision and hearing loss. (5) Preterm and low birthweight birth is a significant financial burden in health care. The estimated charges for hospital stays for infants with any diagnosis of prematurity/ low birthweight were $11,900,000,000 in 2000. The average lifetime medical costs of a premature baby are conservatively estimated at $500,000. (6) The proportion of preterm infants born to African- American mothers (17.3 percent) was significantly higher compared to the rate of infants born to white mothers (10.6 percent). Prematurity or low birthweight is the leading cause of death for African-American infants. (7) The cause of approximately half of all premature births is unknown. (8) Women who smoke during pregnancy are twice as likely as nonsmokers to give birth to a low birthweight baby. Babies born to smokers weigh, on average, 200 grams less than nonsmokers' babies. (9) To reduce the rates of preterm labor and delivery more research is needed on the underlying causes of preterm delivery, the development of treatments for prevention of preterm birth, and treatments improving outcomes for infants born preterm. (b) Purposes.--It the purpose of this Act to-- (1) reduce rates of preterm labor and delivery; (2) work toward an evidence-based standard of care for pregnant women at risk of preterm labor or other serious complications, and for infants born preterm and at a low birthweight; and (3) reduce infant mortality and disabilities caused by prematurity. SEC. 3. RESEARCH RELATING TO PRETERM LABOR AND DELIVERY AND THE CARE, TREATMENT, AND OUTCOMES OF PRETERM AND LOW BIRTHWEIGHT INFANTS. (a) General Expansion of NIH Research.--Part B of title IV of the Public Health Service Act (42 U.S.C. 284 et seq.) is amended by adding at the end the following: ``SEC. 409J. EXPANSION AND COORDINATION OF RESEARCH RELATING TO PRETERM LABOR AND DELIVERY AND INFANT MORTALITY. ``(a) In General.--The Director of NIH shall expand, intensify, and coordinate the activities of the National Institutes of Health with respect to research on the causes of preterm labor and delivery, infant mortality, and improving the care and treatment of preterm and low birthweight infants. ``(b) Authorization of Research Networks.--There shall be established within the National Institutes of Health a Maternal-Fetal Medicine Units Network and a Neonatal Research Units Network. In complying with this subsection, the Director of NIH shall utilize existing networks. ``(c) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section, such sums as may be necessary for each of fiscal years 2004 through 2008.''. (b) General Expansion of CDC Research.--Section 301 of the Public Health Service Act (42 U.S.C. 241 et seq.) is amended by adding at the end the following: ``(e) The Director of the Centers for Disease Control and Prevention shall expand, intensify, and coordinate the activities of the Centers for Disease Control and Prevention with respect to preterm labor and delivery and infant mortality.''. (c) Study on Assisted Reproduction Technologies.--Section 1004(c) of the Children's Health Act of 2000 (Public Law 106-310) is amended-- (1) in paragraph (2), by striking ``and'' at the end; (2) in paragraph (3), by striking the period and inserting ``; and''; and (3) by adding at the end the following: ``(4) consider the impact of assisted reproduction technologies on the mother's and children's health and development.''. (d) Study on Relationship Between Prematurity and Birth Defects.-- (1) In general.--The Director of the Centers for Disease Control and Prevention shall conduct a study on the relationship between prematurity, birth defects, and developmental disabilities. (2) Report.--Not later than 2 year after the date of enactment of this Act, the Director of the Centers for Disease Control and Prevention shall submit to the appropriate committees of Congress a report concerning the results of the study conducted under paragraph (1). (e) Review of Pregnancy Risk Assessment Monitoring Survey.--The Director of the Centers for Disease Control and Prevention shall conduct a review of the Pregnancy Risk Assessment Monitoring Survey to ensure that the Survey includes information relative to medical care and intervention received, in order to track pregnancy outcomes and reduce instances of preterm birth. (f) Study on the Health and Economic Consequences of Preterm Birth.-- (1) In general.--The Director of the National Institutes of Health in conjunction with the Director of the Centers for Disease Control and Prevention shall enter into a contract with the Institute of Medicine of the National Academy of Sciences for the conduct of a study to define and address the health and economic consequences of preterm birth. In conducting the study, the Institute of Medicine shall-- (A) review and assess the epidemiology of premature birth and low birthweight, and the associated maternal and child health effects in the United States, with attention paid to categories of gestational age, plurality, maternal age, and racial or ethnic disparities; (B) review and describe the spectrum of short and long-term disability and health-related quality of life associated with premature births and the impact on maternal health, health care and quality of life, family employment, caregiver issues, and other social and financial burdens; (C) assess the direct and indirect costs associated with premature birth, including morbidity, disability, and mortality; (D) identify gaps and provide recommendations for feasible systems of monitoring and assessing associated economic and quality of life burdens associated with prematurity; (E) explore the implications of the burden of premature births for national health policy; (F) identify community outreach models that are effective in decreasing prematurity rates in communities; (G) consider options for addressing, as appropriate, the allocation of public funds to biomedical and behavioral research, the costs and benefits of preventive interventions, public health, and access to health care; and (H) provide recommendations on best practices and interventions to prevent premature birth, as well as the most promising areas of research to further prevention efforts. (2) Report.--Not later than 1 year after the date on which the contract is entered into under paragraph (1), the Institute of Medicine shall submit to the Director of the National Institutes of Health, the Director of the Centers for Disease Control and Prevention, and the appropriate committees of Congress a report concerning the results of the study conducted under such paragraph. (g) Evaluation of National Core Performance Measures.-- (1) In general.--The Administrator of the Health Resources and Services Administration shall conduct an assessment of the current national core performance measures and national core outcome measures utilized under the Maternal and Child Health Block Grant under title V of the Social Security Act (42 U.S.C. 701 et seq.) for purposes of expanding such measures to include some of the known risk factors of low birthweight and prematurity, including the percentage of infants born to pregnant women who smoked during pregnancy. (2) Report.--Not later than 1 year after the date of enactment of this Act, the Administrator of the Health Resources and Services Administration shall submit to the appropriate committees of Congress a report concerning the results of the evaluation conducted under paragraph (1). SEC. 4. PUBLIC AND HEALTH CARE PROVIDER EDUCATION AND SUPPORT SERVICES. Part P of title III of the Public Health Service Act (42 U.S.C. 280g et seq.) is amended by adding at the end the following: ``SEC. 399O. PUBLIC AND HEALTH CARE PROVIDER EDUCATION AND SUPPORT SERVICES. ``(a) In General.--The Secretary, directly or through the awarding of grants to public or private nonprofit entities, shall conduct a demonstration project to improve the provision of information on prematurity to health professionals and other health care providers and the public. ``(b) Activities.--Activities to be carried out under the demonstration project under subsection (a) shall include the establishment of programs-- ``(1) to provide information and education to health professionals, other health care providers, and the public concerning-- ``(A) the signs of preterm labor, updated as new research results become available; ``(B) the screening for and the treating of infections; ``(C) counseling on optimal weight and good nutrition, including folic acid; ``(D) smoking cessation education and counseling; and ``(E) stress management; and ``(2) to improve the treatment and outcomes for babies born premature, including the use of evidence-based standards of care by health care professionals for pregnant women at risk of preterm labor or other serious complications and for infants born preterm and at a low birthweight. ``(c) Requirement.--Any program or activity funded under this section shall be evidence-based. ``(d) NICU Family Support Programs.--The Secretary shall conduct, through the awarding of grants to public and nonprofit private entities, projects to respond to the emotional and informational needs of families during the stay of an infant in a neonatal intensive care unit, during the transition of the infant to the home, and in the event of a newborn death. Activities under such projects may include providing books and videos to families that provide information about the neonatal intensive care unit experience, and providing direct services that provide emotional support within the neonatal intensive care unit setting. ``(e) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section, such sums as may be necessary for each of fiscal years 2004 through 2008.''. SEC. 5. INTERAGENCY COORDINATING COUNCIL ON PREMATURITY AND LOW BIRTHWEIGHT. (a) Purpose.--It is the purpose of this section to stimulate multidisciplinary research, scientific exchange, and collaboration among the agencies of the Department of Health and Human Services and to assist the Department in targeting efforts to achieve the greatest advances toward the goal of reducing prematurity and low birthweight. (b) Establishment.--The Secretary of Health and Human Services shall establish an Interagency Coordinating Council on Prematurity and Low Birthweight (referred to in this section as the Council) to carry out the purpose of this section. (c) Composition.--The Council shall be composed of members to be appointed by the Secretary, including representatives of-- (1) the agencies of the Department of Health and Human Services; and (2) voluntary health care organizations, including grassroots advocacy organizations, providers of specialty obstetrical and pediatric care, and researcher organizations. (d) Activities.--The Council shall-- (1) annually report to the Secretary of Health and Human Services on current Departmental activities relating to prematurity and low birthweight; (2) plan and hold a conference on prematurity and low birthweight under the sponsorship of the Surgeon General; (3) establish a consensus research plan for the Department of Health and Human Services on prematurity and low birthweight; (4) report to the Secretary of Health and Human Services and the appropriate committees of Congress on recommendations derived from the conference held under paragraph (2) and on the status of Departmental research activities concerning prematurity and low birthweight; (5) carry out other activities determined appropriate by the Secretary of Health and Human Services; and (6) oversee the coordination of the implementation of this Act. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act, such sums as may be necessary for each of fiscal years 2004 through 2008.

Prematurity Research Expansion and Education for Mothers who deliver Infants Early Act or the PREEMIE Act - Amends the Public Health Service Act to require both the National Institutes of Health (NIH) and the Centers for Disease Control (CDC) to expand and coordinate research relating to preterm labor and delivery and infant mortality. Establishes within NIH two networks: a Maternal-Fetal Medicine Units Network and a Neonatal Research Unit Network. Requires the Director of the CDC to study and report on the relationship between prematurity, birth defects, and developmental disabilities as well as review the Pregnancy Risk Assessment Monitoring Survey. Requires the Director of NIH to contract with the Institute of Medicine of the National Academy of Sciences for a study on the health and economic consequences of preterm birth. Directs the Administrator of the Health Resources and Services Administration to assess the current national core performance and outcome measures under the Maternal and Child Health Block Grant with the goal of expanding them to include known risk factors of low birthweight and prematurity such as smoking by pregnant women. Requires the Secretary of Health and Human Services to make grants for a demonstration project to improve the provision of information on prematurity to health professionals and other health care providers and the public. Funds grants for projects to support the informational and emotional needs of families during the stay of an infant in a neonatal intensive care unit (nicu). Establishes an Interagency Coordinating Council on Prematurity and Low Birthweight.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Idaho Panhandle National Forest Improvement Act of 2003''. SEC. 2. CONVEYANCE ADMINISTRATIVE SITES, NATIONAL FOREST SYSTEM LAND, IDAHO. (a) Conveyance Authorized.-- (1) Authority.--The Secretary of Agriculture may convey any or all right, title, and interest of the United States in and to the parcels of National Forest System land, including any improvements thereon, described in paragraph (2). (2) Parcels authorized for conveyance.--The following parcels of National Forest System land are authorized to be conveyed under this section: (A) Granite/Reeder Bay, Priest Lake parcel, consisting of approximately 80 acres, and described as the S.\1/2\ NE.\1/4\ of section 17, township 61 north, range 4 east, Boise meridian. (B) North South Ski area, consisting of approximately 50 acres, and described as the SE.\1/4\ SE.\1/4\ SW.\1/4\, S.\1/2\ SW.\1/4\ SE.\1/4\, NE.\1/4\ SW.\1/4\ SE.\1/4\, and SW.\1/4\ SE.\1/4\ SE.\1/4\ of section 13, township 43 north, range 3 west, Boise meridian. (C) Shoshone work camp (including easements for utilities), consisting of a portion of S.\1/2\ SE.\1/4\ of section 5, township 50 north, range 4 east, Boise meridian. (3) Modification of descriptions.--The Secretary may modify the descriptions in paragraph (2) to correct errors in the descriptions or to reconfigure the parcels to facilitate their conveyance under this section. (b) Consideration.-- (1) Market value required.--As consideration for the conveyance of a parcel of National Forest System land under this section, the recipient of the parcel shall pay to the Secretary an amount equal to the market value of the parcel, as determined under subsection (c). At the election of the Secretary, the consideration may be in the form of cash or other consideration, including the acquisition by the Secretary of improved or unimproved property or property with improvements constructed to the specifications of the Secretary. (2) Valuation.--The value of a parcel to be conveyed under this section, and the value of any property or improvements to be received in exchange for the parcel, shall be determined by an appraisal that-- (A) is acceptable to the Secretary; and (B) conforms with the Uniform Appraisal Standards for Federal Land Acquisitions. (3) Equalization of values.--Notwithstanding section 206(b) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716(b)), the Secretary may accept a cash equalization payment in excess of 25 percent of the value of a parcel conveyed under this section. (c) Conveyance Process.-- (1) Solicitations of offers.--The Secretary may solicit offers for the conveyance of property under this section on such terms and conditions as the Secretary may prescribe. The Secretary may reject any offer made under this section if the Secretary determines that the offer is not adequate or not in the public interest. (2) Methods of conveyance.--The Secretary may convey property under this section at public or private sale, including at auction, or by exchange, in accordance with such terms, conditions, and procedures as the Secretary determines to be in the best interests of the United States. (3) Applicable law.--Except as otherwise provided in this section, the conveyance of National Forest System land under this section shall be subject to the laws applicable to the conveyance and acquisition of land for the National Forest System. The Agriculture Property Management Regulations shall not apply to the conveyance of National Forest System land under this section or any other action taken under this section. (d) Deposit and Use of Proceeds.-- (1) Deposit.--The Secretary shall deposit the proceeds derived from the conveyence of property under this section in the fund established by Public Law 90-171 (commonly known as the ``Sisk Act''; 16 U.S.C. 484a). (2) Use.--Amounts deposited under this subsection shall be available to the Secretary, without further appropriation and until expended-- (A) for the acquisition of, construction of, or rehabilitation of existing facilities for, a new ranger station in the Silver Valley portion of the Panhandle National Forest in the State of Idaho; and (B) to the extent that the amount of funds deposited exceeds the amount needed for the purpose described in subparagraph (A), for the acquisition, construction, or rehabilitation of other facilities in the Panhandle National Forest. (3) Limitations.--Funds deposited under this subsection shall not-- (A) be paid or distributed to States or counties under any provision of law; or (B) be considered to be moneys received from units of the National Forest System for purposes of-- (i) the sixth paragraph under the heading ``Forest Service'' in the Act of May 23, 1908 (16 U.S.C. 500); (ii) section 13 of the Act of March 1, 1911 (commonly known as the ``Weeks Law''; 16 U.S.C. 500); or (iii) the fourteenth paragraph under the heading ``Forest Service'' in the Act of March 4, 1913 (16 U.S.C. 501). (4) New administrative facilities authorized.--The Secretary may acquire, construct, or rehabilitate the ranger station described in paragraph (2)(A), and acquire associated land, using amounts deposited under this subsection and, to the extent such amounts are insufficient for such purpose, other funds appropriated or otherwise made available for such purpose. (e) Management of Acquired Law.--Subject to valid existing rights, the Secretary shall manage any land acquired under this section in accordance with the Act of March 1, 1911 (commonly known as the ``Weeks Act''; 16 U.S.C. 480 et seq.) and other laws relating to the National Forest System. (f) Withdrawals and Revocations.-- (1) Public land orders.--Effective on the date of the enactment of this Act, any public land order withdrawing the property authorized for conveyance under this section from appropriation under the public land laws is revoked with respect to the property. (2) Withdrawal.--Subject to valid existing rights, the property authorized for conveyance under this section is withdrawn from location, entry, and patent under the mining laws of the United States.

Idaho Panhandle National Forest Improvement Act of 2003 - Authorizes the Secretary of Agriculture to convey certain National Forest System parcels in Idaho, and use the proceeds for acquisition, construction, or rehabilitation of: (1) a new ranger station in the Silver Valley portion of the Panhandle National Forest; or (2) other facilities in such Forest.

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TITLE I--CONSTRUCTION AUTHORIZATION SEC. 101. AUTHORIZATION OF MAJOR MEDICAL FACILITY PROJECTS. (a) Authorized Projects.--The Secretary of Veterans Affairs may carry out the following major medical facility projects, with each project to be carried out in the amount specified for that project: (1) Construction of an outpatient clinic in Brevard County, Florida, in the amount of $25,000,000. (2) Construction of an outpatient clinic at Travis Air Force Base in Fairfield, California, in the amount of $25,000,000. (3) Renovation of nursing home facilities at the Department of Veterans Affairs medical center in Lebanon, Pennsylvania, in the amount of $9,000,000. (4) Environmental improvements at the Department of Veterans Affairs medical center in Marion, Illinois, in the amount of $11,500,000. (5) Replacement of psychiatric beds at the Department of Veterans Affairs medical center in Marion, Indiana, in the amount of $17,300,000. (6) Renovation of psychiatric wards at the Department of Veterans Affairs medical center in Perry Point, Maryland, in the amount of $15,100,000. (7) Environmental enhancement at the Department of Veterans Affairs medical center in Salisbury, North Carolina, in the amount of $17,200,000. (8) Construction of an ambulatory care addition at the Department of Veterans Affairs medical center in Asheville, North Carolina, in the amount of $28,500,000. (9) Construction of an ambulatory care addition at the Department of Veterans Affairs medical center in Temple, Texas, in the amount of $9,800,000. (10) Construction of an ambulatory care addition at the Department of Veterans Affairs medical center in Tucson, Arizona, in the amount of $35,500,000. (11) Seismic corrections at the Department of Veterans Affairs medical center in Palo Alto, California, in the amount of $36,800,000. (12) Seismic corrections at the Department of Veterans Affairs medical center in Long Beach, California, in the amount of $20,200,000. (b) Limitation Concerning Outpatient Clinic Projects.--In the case of either of the projects for a new outpatient clinic authorized in paragraphs (1) and (2) of subsection (a)-- (1) the Secretary of Veterans Affairs may not obligate any funds for that project until the Secretary determines, and certifies to the Committees on Veterans' Affairs of the Senate and House of Representatives, the amount required for the project; and (2) the amount obligated for the project may not exceed the amount certified under paragraph (1) with respect to that project. SEC. 102. AUTHORIZATION OF MAJOR MEDICAL FACILITY LEASES. The Secretary of Veterans Affairs may enter into leases for medical facilities as follows: (1) Lease of a satellite outpatient clinic in Fort Myers, Florida, in the amount of $1,736,000. (2) Lease of a National Footwear Center in New York, New York, in the amount of $1,054,000. SEC. 103. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated to the Secretary of Veterans Affairs for fiscal year 1996-- (1) for the Construction, Major Projects, account, $250,900,000 for the projects authorized in section 101; (2) for the Construction, Major Projects, account $28,000,000, for construction of an ambulatory care addition at the Department of Veterans Affairs medical center in Boston, Massachusetts, as authorized by section 201(b)(1)(A) of the Veterans Health Programs Extension Act of 1994 (Public Law 103-452; 108 Stat. 4787); and (3) for the Medical Care account, $2,790,000 for the leases authorized in section 102. (b) Limitation.--The projects authorized in section 101, and the project referred to in subsection (a)(2), may only be carried out using-- (1) funds appropriated for fiscal year 1996 pursuant to the authorization of appropriations in subsection (a); (2) funds appropriated for Construction, Major Projects for a fiscal year before fiscal year 1996 that remain available for obligation; and (3) funds appropriated for Construction, Major Projects for fiscal year 1996 for a category of activity not specific to a project. SEC. 104. REPORT ON HEALTH CARE NEEDS OF VETERANS IN EAST CENTRAL FLORIDA. (a) Report Required.--Not later than March 1, 1996, the Secretary of Veterans Affairs shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives a report on the health care needs of veterans in east central Florida. In preparing the report, the Secretary shall consider the needs of such veterans for psychiatric and long-term care. The Secretary shall include in the report the Secretary's views, based on the Secretary's determination of such needs, as to the best means of meeting such needs using the amounts appropriated pursuant to the authorization of appropriations in this Act and Public Law 103-452 for projects to meet the health care needs of such veterans. The Secretary may, subject to the availability of appropriations for such purpose, use an independent contractor to assist in the determination of such health care needs. (b) Limitation.--The Secretary may not obligate any funds, other than for design work, for the conversion of the former Orlando Naval Training Center Hospital in Orlando, Florida (now under the jurisdiction of the Secretary of Veterans Affairs), to a nursing home care unit until 15 days after the date on which the report required by subsection (a) is submitted. TITLE II--STRATEGIC PLANNING FOR HEALTH CARE RESOURCES SEC. 201. STRATEGIC PLANNING. Section 8107 of title 38, United States Code, is amended-- (1) by redesignating subsection (b) as subsection (c); (2) by striking out subsection (a) and inserting in lieu thereof the following new subsections: ``(a) In order to promote effective planning for the efficient provision of care to eligible veterans, the Secretary, based on the analysis and recommendations of the Under Secretary for Health, shall submit to each committee, not later than January 31 of each year, a report regarding long-range health planning of the Department. ``(b) Each report under subsection (a) shall include the following: ``(1) A five-year strategic plan for the provision of care under chapter 17 of this title to eligible veterans through coordinated networks of medical facilities operating within prescribed geographic service-delivery areas, such plan to include provision of services for the specialized treatment and rehabilitative needs of disabled veterans (including veterans with spinal cord dysfunction, blindness, amputations, and mental illness) through distinct programs or facilities of the Department dedicated to the specialized needs of those veterans. ``(2) A description of how planning for the networks will be coordinated. ``(3) A profile regarding each such network of medical facilities which identifies-- ``(A) the mission of each existing or proposed medical facility in the network; ``(B) any planned change in the mission for any such facility and the rationale for such planned change; ``(C) the population of veterans to be served by the network and anticipated changes over a five-year period and a ten-year period, respectively, in that population and in the health-care needs of that population; ``(D) information relevant to assessing progress toward the goal of achieving relative equivalency in the level of resources per patient distributed to each network, such information to include the plans for and progress toward lowering the cost of care-delivery in the network (by means such as changes in the mix in the network of physicians, nurses, physician assistants, and advance practice nurses); ``(E) the capacity of non-Federal facilities in the network to provide acute, long-term, and specialized treatment and rehabilitative services (described in section 7305 of this title), and determinations regarding the extent to which services to be provided in each service-delivery area and each facility in such area should be provided directly through facilities of the Department or through contract or other arrangements, including arrangements authorized under sections 8111 and 8153 of this title; and ``(F) a five-year plan for construction, replacement, or alteration projects in support of the approved mission of each facility in the network and a description of how those projects will improve access to care, or quality of care, for patients served in the network. ``(4) A status report for each facility on progress toward-- ``(A) instituting planned mission changes identified under paragraph (3)(B); ``(B) implementing principles of managed care of eligible veterans; and ``(C) developing and instituting cost-effective alternatives to provision of institutional care.''; and (3) by adding at the end the following new subsection: ``(d)(1) The Secretary shall submit to each committee, not later than January 31 of each year, a report showing the current priorities of the Department for proposed major medical construction projects. Each such report shall identify the 20 projects, from within all the projects in the Department's inventory of proposed projects, that have the highest priority and, for those 20 projects, the relative priority and rank scoring of each such project. The 20 projects shall be compiled, and their relative rankings shall be shown, by category of project (including the categories of ambulatory care projects, nursing home care projects, and such other categories as the Secretary determines). ``(2) The Secretary shall include in each report, for each project listed, a description of the specific factors that account for the relative ranking of that project in relation to other projects within the same category. ``(3) In a case in which the relative ranking of a proposed project has changed since the last report under this subsection was submitted, the Secretary shall also include in the report a description of the reasons for the change in the ranking, including an explanation of any change in the scoring of the project under the Department's scoring system for proposed major medical construction projects.''. SEC. 202. REVISION TO PROSPECTUS REQUIREMENTS. (a) Additional Information.--Section 8104(b) of title 38, United States Code, is amended-- (1) by striking out ``shall include--'' and inserting in lieu thereof ``shall include the following:''; (2) in paragraph (1)-- (A) by striking out ``a detailed'' and inserting in lieu thereof ``A detailed''; and (B) by striking out the semicolon at the end and inserting in lieu thereof a period; (3) in paragraph (2)-- (A) by striking out ``an estimate'' and inserting in lieu thereof ``An estimate''; and (B) by striking out ``; and'' and inserting in lieu thereof a period; (4) in paragraph (3), by striking out ``an estimate'' and inserting in lieu thereof ``An estimate''; and (5) by adding at the end the following new paragraphs: ``(4) Demographic data applicable to the project, including information on projected changes in the population of veterans to be served by the project over a five-year period and a ten- year period. ``(5) Current and projected workload and utilization data. ``(6) Current and projected operating costs of the facility, to include both recurring and non-recurring costs. ``(7) The priority score assigned to the project under the Department's prioritization methodology and, if the project is being proposed for funding ahead of a project with a higher score, a specific explanation of the factors other than the priority that were considered and the basis on which the project is proposed for funding ahead of projects with higher priority scores. ``(8) A listing of each alternative to construction of the facility that has been considered.''. (b) Applicability.--The amendments made by subsection (a) shall apply with respect to any prospectus submitted by the Secretary of Veterans Affairs after the date of the enactment of this Act. SEC. 203. CONSTRUCTION AUTHORIZATION REQUIREMENTS. (a) Definition of Major Medical Facility Project.--Paragraph (3)(A) of section 8104(a) of title 38, United States Code, is amended by inserting before the period at the end the following: ``, and, in the case of a project which is principally for the alteration of a medical facility to provide additional space for provision of ambulatory care, such term means a project involving a total expenditure of more than $5,000,000''. (b) Applicability of Construction Authorization Requirement.--(1) Subsection (b) of section 301 of the Veterans' Medical Programs Amendments of 1992 (Public Law 102-405; 106 Stat. 1984) is repealed. (2) The amendments made by subsection (a) of such section shall apply with respect to any major medical facility project or any major medical facility lease of the Department of Veterans Affairs, regardless of when funds are first appropriated for that project or lease, except that in the case of a project for which funds were first appropriated before October 9, 1992, such amendments shall not apply with respect to amounts appropriated for that project for a fiscal year before fiscal year 1997. (c) Limitation on Obligations for Advance Planning.--Section 8104 of title 38, United States Code, is amended by adding at the end the following new subsection: ``(f) The Secretary may not obligate funds in an amount in excess of $500,000 from the Advance Planning Fund of the Department toward design or development of a major medical facility project until-- ``(1) the Secretary submits to the committees a report on the proposed obligation; and ``(2) a period of 30 days has passed after the date on which the report is received by the committees.''. SEC. 204. TERMINOLOGY CHANGES. (a) Definition of ``Construct''.--Section 8101(2) of title 38, United States Code, is amended-- (1) by striking out ``working drawings'' and inserting in lieu thereof ``construction documents''; and (2) by striking out ``preliminary plans'' and inserting in lieu thereof ``design development''. (b) Parking Facilities.--Section 8109(h)(3)(B) of such title is amended by striking out ``working drawings'' and inserting in lieu thereof ``construction documents''. SEC. 205. VETERANS HEALTH ADMINISTRATION HEADQUARTERS. (a) Repeal of Statutory Specification of Organizational Services.-- The text of section 7305 of title 38, United States Code, is amended to read as follows: ``(a) The Veterans Health Administration shall include the Office of the Under Secretary for Health and such professional and auxiliary services as the Secretary may find to be necessary to carry out the functions of the Administration. ``(b) In organizing, and appointing persons to positions in, the Office, the Under Secretary shall ensure that the Office is staffed so as to provide the Under Secretary with appropriate expertise, including expertise in-- ``(1) unique programs operated by the Administration to provide for the specialized treatment and rehabilitation of disabled veterans (including blind rehabilitation, spinal cord dysfunction, mental illness, and geriatrics and long-term care); and ``(2) appropriate clinical care disciplines.''. (b) Office of the Under Secretary.--Section 7306 of such title is amended-- (1) in subsection (a)-- (A) by striking out ``and who shall be a qualified doctor of medicine'' in paragraph (2); (B) by striking out paragraphs (5), (6), and (7); and (C) by redesignating the succeeding two paragraphs as paragraphs (5) and (6), respectively; and (2) in subsection (b)-- (A) by striking out ``subsection (a)(3)'' and all that follows through ``two may be'' and inserting in lieu thereof ``subsection (a)(3), not more than two may be''; (B) by striking out the semicolon after ``dental medicines'' and inserting in lieu thereof a period; and (C) by striking out paragraphs (2) and (3). HR 2814----2

TABLE OF CONTENTS: Title I: Construction Authorization Title II: Strategic Planning for Health Care Resources Title I: Construction Authorization - Authorizes the Secretary of Veterans Affairs to carry out specified major medical facility projects, in specified amounts, in Florida, California, Pennsylvania, Illinois, Indiana, Maryland, North Carolina, Texas, and Arizona. Provides an obligation limitation with respect to two outpatient clinic projects. (Sec. 102) Authorizes the Secretary to enter into leases for two medical facilities in Florida and New York, in specified amounts. (Sec. 103) Authorizes appropriations to the Secretary for FY 1996 for two Construction, Major Projects, accounts and for the Medical Care account, in specified amounts, with a limitation. (Sec. 104) Directs the Secretary to report to the Senate and House Veterans' Affairs Committees (veterans' committees) on the health care needs of veterans in east central Florida. Prohibits the obligation of funds for the conversion of the former Orlando Naval Training Center Hospital in Orlando, Florida, until such report is submitted. Title II: Strategic Planning for Health Care Resources - Directs the Secretary, based on an analysis and recommendations of the Under Secretary for Health, to submit to the veterans' committees an annual report regarding long-range health planning of the Department of Veterans Affairs. Directs the Secretary to report annually to such committees showing the current Department priorities (listing the top 20) for proposed major medical construction projects. (Sec. 202) Specifies additional information required to be included in a prospectus submitted by the Secretary to the veterans' committees in connection with proposed medical facilities. (Sec. 203) States that the definition of "major medical facility project" shall include a project involving a total expenditure of more than $5 million in the case of a project which is principally for the alteration of a medical facility in order to provide additional space for the provision of ambulatory care. Repeals a provision of the Veterans' Medical Programs Amendments of 1992 which makes inapplicable to projects for which funds were appropriated prior to the enactment of such Act a prohibition on the appropriation, obligation, or expenditure of funds for any major medical facility project unless funds for such project have been specifically authorized by law. Prohibits the Secretary from obligating funds in excess of $500,000 from the Advance Planning Fund of the Department toward design or development of a major medical facility project until the Secretary submits a report to the veterans' committees on the proposed obligation and 30 days have passed since the receipt of such report. (Sec. 205) Requires the Veterans Health Administration (VHA) to include such professional and auxiliary services as the Secretary finds necessary to carry out VHA functions. Requires the Under Secretary for Health to ensure that his office is staffed so as to provide appropriate expertise. Amends Federal provisions concerning the Office of the Under Secretary to: (1) repeal the requirement that the Associate Deputy Under Secretary for Health be a qualified doctor of medicine; (2) no longer require such Office to include a Director of Nursing Service, Pharmacy Service, Dietetic Service, Podiatric Service, and Optometric Service; and (3) no longer require one Assistant Under Secretary for Health to be a qualified doctor of dental surgery or dental medicine and another to be a qualified physician trained in geriatrics.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Pension Fund Integrity Act of 2016''. SEC. 2. EXECUTIVE SALARIES. (a) Amendments to Internal Revenue Code of 1986.-- (1) In general.--Subparagraph (C) of section 432(e)(9) of the Internal Revenue Code of 1986 is amended by adding at the end the following new clause: ``(iii) In the case of a systemically important plan (as defined in subparagraph (H)(v)(III)), effective on the date the benefit suspension goes into effect, the annual compensation of each employee of the plan is reduced to the lesser of-- ``(I) the annual compensation of the employee for the plan year in which the benefit suspension is approved under subparagraph (G) (determined as of the date of such approval), reduced by the reduction percentage of so much of such annual compensation as exceeds $100,000, or ``(II) the average annual compensation of the employee for the 3 plan years immediately preceding the year in which the benefit suspension is approved under subparagraph (G), reduced by the reduction percentage of so much of such average annual compensation as exceeds $100,000, and will not be increased (including by means of a bonus, performance-based compensation, or otherwise) as long as the benefit suspension remains in effect. For purposes of the preceding sentence, the term `reduction percentage' means the percentage determined by the Secretary and provided to the plan which is equal to the average percentage reduction in benefits applicable to the 50 participants and beneficiaries who receive the greatest reduction in benefits under the plan as a result of the suspension.''. (2) Tax on prohibited transactions.-- (A) In general.--Paragraph (1) of section 4975(c) of such Code is amended-- (i) by striking ``or'' at the end of subparagraph (E), (ii) by striking the period at the end of subparagraph (F) and inserting ``; or'', and (iii) by adding at the end the following new subparagraph: ``(G) notwithstanding subsection (d)(2), payment by a systemically important plan (as defined in section 432(e)(9)(H)(v)(III)) of-- ``(i) any compensation (including a bonus or performance-based compensation) in excess of the amount determined under section 432(e)(9)(C)(iii) to any employee of the plan with respect to which a benefit suspension is in effect under section 432(e)(9), or ``(ii) in the case of any nonemployee who was an employee of the plan during any of the 3 plan years immediately preceding the year in which the benefit suspension is approved under section 432(e)(9)(G), any compensation to such individual (as an independent contractor or otherwise and including any bonus or performance-based compensation) in excess of the amount that would be determined under section 432(e)(9)(C)(iii) if the individual were an employee at the time of payment of such compensation.''. (B) Liability for tax.--Subsection (a) of section 4975 of such Code is amended by inserting before the period the following: ``, except that any tax imposed by this subsection by reason of subsection (c)(1)(G) shall be paid by the plan sponsor''. (C) Liability for additional taxes.--Subsection (b) of section 4975 of such Code is amended by inserting before the period the following: ``, except that any tax imposed by this subsection by reason of subsection (c)(1)(G) shall be paid by the plan sponsor''. (D) Clerical amendments.--The headings of subsections (a) and (b) of section 4975 of such Code are each amended by striking ``on Disqualified Person''. (b) Amendments to Employee Retirement Income Security Act of 1974.-- (1) In general.--Subparagraph (C) of section 305(e)(9) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1085(e)(9)(C)) is amended by adding at the end the following new clause: ``(iii) In the case of a systemically important plan (as defined in subparagraph (H)(v)(III)), effective on the date the benefit suspension goes into effect, the annual compensation of each employee of the plan is reduced to the lesser of-- ``(I) the annual compensation of the employee for the plan year in which the benefit suspension is approved under subparagraph (G) (determined as of the date of such approval), reduced by the reduction percentage of so much of such annual compensation as exceeds $100,000, or ``(II) the average annual compensation of the employee for the 3 plan years immediately preceding the year in which the benefit suspension is approved under subparagraph (G), reduced by the reduction percentage of so much of such average annual compensation as exceeds $100,000, and will not be increased (including by means of a bonus, performance-based compensation, or otherwise) as long as the benefit suspension remains in effect. For purposes of the preceding sentence, the term `reduction percentage' means the percentage determined by the Secretary of the Treasury and provided to the plan which is equal to the average percentage reduction in benefits applicable to the 50 participants and beneficiaries who receive the greatest reduction in benefits under the plan as a result of the suspension.''. (2) Prohibited transactions.--Paragraph (1) of section 406(a) of such Act (29 U.S.C. 1106(a)(1)) is amended-- (A) by striking ``or'' at the end of subparagraph (D), (B) by striking the period at the end of subparagraph (E) and inserting ``; or'', and (C) by adding at the end the following new subparagraph: ``(F) notwithstanding section 408(b)(2), payment by a systemically important plan (as defined in section 305(e)(9)(H)(v)(III)) of-- ``(i) any compensation (including a bonus or performance-based compensation) in excess of the amount determined under section 305(e)(9)(C)(iii) to any employee of the plan with respect to which a benefit suspension is in effect under section 305(e)(9), or ``(ii) in the case of any nonemployee who was an employee of the plan during any of the 3 plan years immediately preceding the year in which the benefit suspension is approved under section 305(e)(9)(G), any compensation to such individual (as an independent contractor or otherwise and including any bonus or performance-based compensation) in excess of the amount that would be determined under section 305(e)(9)(C)(iii) if the individual were an employee at the time of payment of such compensation.''. (c) Effective Dates.-- (1) In general.--The amendments made by subsections (a)(1) and (b)(1) shall apply to suspensions of benefits under section 432(e)(9)(G) of the Internal Revenue Code of 1986 and section 305(e)(9)(G) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1085(e)(9)(G)) which take effect after the date of the enactment of this Act. (2) Prohibited transactions.--The amendments made by subsections (a)(2), (b)(2), and (b)(3) shall apply to any transaction made after the date of the enactment of this Act. SEC. 3. PROHIBITION OF LOBBYING EXPENSES. (a) Amendments to Internal Revenue Code of 1986.-- (1) In general.--Paragraph (1) of section 4975(c) of the Internal Revenue Code of 1986, as amended by section 1(a), is amended-- (A) by striking ``or'' at the end of subparagraph (F), (B) by striking the period at the end of subparagraph (G) and inserting ``; or'', and (C) by adding at the end the following new subparagraph: ``(H) payment by the plan of any amount for the engagement of any person other than an employee of the plan in connection with any activity described in section 162(e)(1) during any period in which the plan is in endangered status under section 432(b)(1), in critical status under section 432(b)(2), or in critical and declining status under section 432(b)(6).''. (2) Liability of plan sponsor.--Subsections (a) and (b) of section 4975 of such Code, as amended by section 1(a), are each amended by striking ``subsection (c)(1)(G)'' and inserting ``subparagraph (G) or (H) of subsection (c)(1)''. (b) Amendments to Employee Retirement Income Security Act of 1974.-- (1) In general.--Paragraph (1) of section 406(a) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1106(a)(1)), as amended by section 1(b), is amended-- (A) by striking ``or'' at the end of subparagraph (E), (B) by striking the period at the end of subparagraph (F) and inserting ``; or'', and (C) by adding at the end the following new subparagraph: ``(G) payment by the plan of any amount for the engagement of any person other than an employee of the plan in connection with any activity described in section 162(e)(1) of the Internal Revenue Code of 1986 during any period in which the plan is in endangered status under section 305(b)(1), in critical status under section 305(b)(2), or in critical and declining status under section 305(b)(6).''. (2) Liability of plan sponsor.--Subsection (c) of section 409 of such Act (29 U.S.C. 1109(c)), as added by section 1(b), is amended by striking ``4975(c)(1)(G)'' and inserting ``subparagraph (G) or (H) of section 4975(c)(1)''. (c) Effective Date.--The amendments made by this section shall apply to transactions made after the date of the enactment of this Act.

Pension Fund Integrity Act of 2016 This bill amends the Internal Revenue Code and the Employee Retirement Income Security Act of 1974 (ERISA) to require salary reductions for certain employees of systemically important multiemployer pension plans that are in critical or declining status and that reduce participant benefits. When a benefit suspension is in effect, any compensation paid to employees of a plan that exceeds the amounts specified in this bill is a prohibited transaction that is subject to a tax to be paid by the plan sponsor. If a plan is in endangered, critical, or critical and declining status, payments for lobbying and political expenses for any person other than an employee of the plan are prohibited transactions and subject to a tax to be paid by the plan sponsor.

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SECTION 1. TITLE AND PURPOSES. (a) Short Title.--This Act may be cited as the ``Reduce Unnecessary Spending Act of 2010''. (b) Purpose.--This Act creates an optional fast-track procedure the President may use when submitting rescission requests, which would lead to an up-or-down vote by Congress on the President's package of rescissions, without amendment. SEC. 2. RESCISSIONS OF FUNDING. (a) In General.--Part C of the Impoundment Control Act of 1974 is amended to read as follows: ``PART C--EXPEDITED CONSIDERATION OF PROPOSED RESCISSIONS ``SEC. 1021. APPLICABILITY AND DISCLAIMER. ``The rules, procedures, requirements, and definitions in this part apply only to executive and legislative actions explicitly taken under this part. They do not apply to actions taken under part B or to other executive and legislative actions not taken under this part. ``SEC. 1022. DEFINITIONS. ``As used in this part-- ``(1) the terms `appropriation Act', `budget authority', and `new budget authority' have the same meanings as in section 3 of the Congressional Budget Act of 1974; ``(2) the terms `account', `current year', `CBO', and `OMB' have the same meanings as in section 250 of the Balanced Budget and Emergency Deficit Control Act of 1985 as in effect on September 30, 2002; ``(3) the term `days of session' shall be calculated by excluding weekends and national holidays; and any day during which a chamber of Congress is not in session shall not be counted as a day of session of that chamber; and any day during which neither chamber is in session shall not be counted as a day of session of Congress; ``(4) the term `entitlement law' means the statutory mandate or requirement of the United States to incur a financial obligation unless that obligation is explicitly conditioned on the appropriation in subsequent legislation of sufficient funds for that purpose, and the Supplemental Nutrition Assistance Program; ``(5) the term `funding' refers to new budget authority and obligation limits except to the extent that the funding is provided for entitlement law; ``(6) the term `rescind' means to eliminate or reduce the amount of enacted funding; and ``(7) the terms `withhold' and `withholding' apply to any executive action or inaction that precludes the obligation of funding at a time when it would otherwise have been available to an agency for obligation; and the term does not include administrative or preparatory actions undertaken prior to obligation in the normal course of implementing budget laws. ``SEC. 1023. TIMING AND PACKAGING OF RESCISSION REQUESTS. ``(a) Timing.--Whenever the President proposes that Congress rescind funding under the procedures in this part, OMB shall transmit a message to Congress containing the information specified in section 1024, and the message transmitting the proposal shall be sent to Congress no later than 45 days of session of Congress after the date of enactment of the funding. ``(b) Packaging and Transmittal of Requested Rescissions.--Except as provided in subsection (c), for each piece of legislation that provides funding, the President shall request at most one package of rescissions and the rescissions in that package shall apply only to funding contained in that legislation. OMB shall deliver each message requesting a package of rescissions to the Clerk of the House of Representatives if the House is not in session and to the Secretary of the Senate if the Senate is not in session. OMB shall make a copy of the transmittal message publicly available, and shall publish in the Federal Register a notice of the message and information on how it can be obtained. ``(c) Special Packaging Rules.--After enactment of-- ``(1) a joint resolution making continuing appropriations; ``(2) a supplemental appropriation bill; or ``(3) an omnibus appropriation bill, covering some or all of the activities customarily funded in more than one regular appropriation bill, the President may propose as many as two packages rescinding funding contained in that legislation, each within the 45-day period specified in subsection (a). OMB shall not include the same rescission in both packages, and, if the President requests the rescission of more than one discrete amount of funding under the jurisdiction of a single subcommittee, OMB shall include each of those discrete amounts in the same package. ``SEC. 1024. REQUESTS TO RESCIND FUNDING. ``For each request to rescind funding, the transmittal message shall specify-- ``(1) the dollar amount to be rescinded; ``(2) the agency, bureau, and account from which the rescission shall occur; ``(3) the program, project, or activity within the account (if applicable) from which the rescission shall occur; ``(4) the amount of funding, if any, that would remain for the account, program, project, or activity if the rescission request is enacted; and ``(5) the reasons the President requests the rescission. In addition, OMB shall designate each separate rescission request by number and shall include proposed legislative language to accomplish the requested rescission. The proposed legislative language shall not include any changes in existing law other than the rescission of funding, and shall not include any supplemental appropriations, transfers, or reprogrammings. ``SEC. 1025. GRANTS OF AND LIMITATIONS ON PRESIDENTIAL AUTHORITY. ``(a) Presidential Authority To Withhold Funding.--If the President proposes a rescission of funding under this part, then notwithstanding any other provision of law, OMB is hereby authorized, subject to the time limits of subsection (c), to temporarily withhold that funding from obligation. ``(b) Expedited Procedures Available Only Once Per Bill.--The President may not invoke the procedures of this part, or the authority to withhold funding granted by subsection (a), on more than one occasion for any Act providing funding. ``(c) Time Limits.--OMB shall make available for obligation any funding withheld under subsection (a) on the earliest of-- ``(1) the day on which the President determines that the continued withholding or reduction no longer advances the purpose of legislative consideration of the rescission request; ``(2) starting from the day on which OMB transmitted a message to Congress requesting the rescission of funding, 25 calendar days in which the House of Representatives has been in session or 25 calendar days in which the Senate has been in session, whichever occurs second; or ``(3) the last day after which the obligation of the funding in question can no longer be fully accomplished in a prudent manner before its expiration. ``SEC. 1026. CONGRESSIONAL CONSIDERATION OF RESCISSION REQUESTS. ``(a) Preparation of Legislation To Consider a Package of Expedited Rescission Requests.--When the House of Representatives receives a package of expedited rescission requests, the Clerk shall prepare a House bill that only rescinds the amounts requested. The bill shall read as follows: ```There is hereby enacted the rescissions numbered [insert number or numbers] as set forth in the Presidential message of [insert date] transmitted under part C of the Impoundment Control Act of 1974 as amended.'. The Clerk shall include in the bill each numbered rescission request listed in the Presidential package in question, except that the Clerk shall omit a numbered rescission request if the Chairman of the House Budget Committee, after consulting with the Senate Budget Committee, CBO, GAO, and the House and Senate committees that have jurisdiction over the funding, determines that the numbered rescission does not refer to funding or includes matter not permitted under a request to rescind funding. ``(b) Introduction and Referral of Legislation To Enact a Package of Expedited Rescissions.--The majority leader or the minority leader of the House of Representatives, or a designee, shall (by request) introduce each bill prepared under subsection (a) not later than 4 days of session of the House after its transmittal, or, if no such bill is introduced within that period, any member of the House may introduce the required bill in the required form on the fifth or sixth day of session of the House after its transmittal. When such an expedited rescission bill is introduced in accordance with the prior sentence, it shall be referred to the House committee of jurisdiction. A copy of the introduced House bill shall be transmitted to the Secretary of the Senate, who shall provide it to the Senate committee of jurisdiction. ``(c) House Report and Consideration of Legislation To Enact a Package of Expedited Rescissions.--The House committee of jurisdiction shall report without amendment the bill referred to it under subsection (b) not more than 5 days of session of the House after the referral. The Committee may order the bill reported favorably, unfavorably, or without recommendation. If the Committee has not reported the bill by the end of the 5-day period, the Committee shall be automatically discharged from further consideration of the bill and it shall be placed on the appropriate calendar. ``(d) House Motion To Proceed.--After a bill to enact an expedited rescission package has been reported or the committee of jurisdiction has been discharged under subsection (c), it shall be in order to move to proceed to consider the bill in the House. A Member who wishes to move to proceed to consideration of the bill must announce that fact, and the motion to proceed shall be in order only during a time designated by the Speaker within the legislative schedule for the next calendar day of legislative session or the one immediately following it. If the Speaker does not designate such a time, then 3 or more calendar days of legislative session after the bill has been reported or discharged, it shall be in order for any Member to move to proceed to consider the bill. A motion to proceed shall not be in order after the House has disposed of a prior motion to proceed with respect to that package of expedited rescissions. The previous question shall be considered as ordered on the motion to proceed, without intervening motion. A motion to reconsider the vote by which the motion to proceed has been disposed of shall not be in order. If 5 calendar days of legislative session have passed since the bill was reported or discharged under this subsection and no Member has made a motion to proceed, the bill shall be removed from the calendar. ``(e) House Consideration.--A bill consisting of a package of rescissions shall be considered as read. All points of order against the bill are waived, except that a point of order may be made that one or more numbered rescissions included in the bill would enact language containing matter not requested by the President or not permitted under this Act as part of that package. If the Presiding Officer sustains such a point of order, the numbered rescission or rescissions that would enact such language are deemed to be automatically stripped from the bill and consideration proceeds on the bill as modified. The previous question shall be considered as ordered on the bill to its passage without intervening motion, except that 4 hours of debate equally divided and controlled by a proponent and an opponent are allowed, as well as one motion to further limit debate on the bill. A motion to reconsider the vote on passage of the bill shall not be in order. ``(f) Senate Consideration.--If the House of Representatives approves a House bill enacting a package of rescissions, that bill as passed by the House shall be sent to the Senate and referred to the Senate committee of jurisdiction. That committee shall report without amendment the bill referred to it under this subsection not later than 3 days of session of the Senate after the referral. The committee may order the bill reported favorably, unfavorably, or without recommendation. If the committee has not reported the bill by the end of the 3-day period, the committee shall be automatically discharged from further consideration of the bill and it shall be placed on the appropriate calendar. On the following day and for 3 subsequent calendar days in which the Senate is in session, it shall be in order for any Senator to move to proceed to consider the bill in the Senate. Upon such a motion being made, it shall be deemed to have been agreed to and the motion to reconsider shall be deemed to have been laid on the table. Debate on the bill in the Senate under this subsection, and all debatable motions and appeals in connection therewith, shall not exceed 10 hours, equally divided and controlled in the usual form. Debate in the Senate on any debatable motion or appeal in connection with such a bill shall be limited to not more than 1 hour, to be equally divided and controlled in the usual form. A motion to further limit debate on such a bill is not debatable. A motion to amend such a bill or strike a provision from it is not in order. A motion to recommit such a bill is not in order. ``(g) Senate Point of Order.--It shall not be in order for the Senate to employ the procedures in this part while considering a bill approved by the House enacting a package of rescissions under this part if any numbered rescission in the bill would enact matter not requested by the President or not permitted under this Act as part of that package. If a point of order under this section is sustained, consideration of the bill shall no longer be governed by subsection (f); instead, consideration shall be governed by the Standing Rules of the Senate and any other rules applicable to Senate consideration of legislation.''. (b) Conforming Amendment.--The table of contents set forth in section 1(b) of the Congressional Budget and Impoundment Control Act of 1974 is amended by striking the items relating to part C of title 10 and inserting the following new items: ``Part C--Expedited Consideration of Proposed Rescissions ``Sec. 1021. Applicability and disclaimer. ``Sec. 1022. Definitions. ``Sec. 1023. Timing and packaging of rescission requests. ``Sec. 1024. Requests to rescind funding. ``Sec. 1025. Grants of and limitations on presidential authority. ``Sec. 1026. Congressional consideration of rescission requests.''. SEC. 3. TECHNICAL AND CONFORMING AMENDMENTS. (a) Temporary Withholding.--In section 1013(c) of the Impoundment Control Act of 1974, strike ``section 1012.'' and insert ``section 1012 or section 1025.'' (b) Rulemaking.--Section 904(a) of the Congressional Budget Act of 1974 is amended by striking ``and 1017'' and inserting ``1017, and 1026'' and section 904(d)(1) is amended by striking ``or section 1017'' and inserting ``or section 1017 or 1026''. SEC. 4. EXPIRATION. Part C of the Impoundment Control Act of 1974 (as amended by this Act) shall expire on December 31, 2014. SEC. 5. AMENDMENTS TO PART A OF THE IMPOUNDMENT CONTROL ACT. Immediately after section 1001 of the Impoundment Control Act of 1974, insert the following: ``SEC. 1002. RESCINDED FUNDS. ``If budget authority is rescinded under part B or funding is rescinded under part C, the amount so rescinded shall revert to the fund whence it came (general fund, trust fund, special fund, revolving fund, and so on as applicable), except to the extent legislation specifies otherwise. ``SEC. 1003. SEVERABILITY. ``If the judicial branch of the United States finally determines that one or more of the provisions of parts B or C violate the Constitution of the United States, the remaining provisions of those parts shall continue in effect.''.

Reduce Unnecessary Spending Act of 2010 - Amends the Impoundment Control Act of 1974 (ICA) to require the Office of Management and Budget (OMB) to transmit, within 45 days of a congressional session after the enactment of the funding in question, a message to Congress with specified information requesting any rescission the President proposes under the procedures in this Act. Prescribes requirements for timing and packaging of rescission requests. Authorizes OMB, subject to a specified time limit, to withhold funding from obligation temporarily if the President proposes a rescission. Prohibits the President from invoking such expedited procedures or such authority to withhold funding on more than one occasion for any Act providing funding. Sets forth procedures for expedited congressional consideration of proposed rescissions. States that, if budget authority or funding is rescinded under the ICA, the amount so rescinded shall revert to the fund whence it came (general fund, trust fund, special fund, revolving fund, and so on as applicable), except to the extent legislation specifies otherwise.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Investment Adviser Examination Improvement Act of 2012''. SEC. 2. SENSE OF CONGRESS. It is the sense of the Congress that the Securities and Exchange Commission should increase the number and frequency of examinations of investment advisers. SEC. 3. INSPECTION AND EXAMINATION FEES. Section 204 of the Investment Advisers Act of 1940 (15 U.S.C. 80b- 4) is amended by adding at the end the following new subsection ``(e) Inspection and Examination Fees.-- ``(1) In general.--The Commission shall collect an annual fee from investment advisers that are subject to inspection or examination by the Commission under this title to defray the cost of such inspections and examinations. ``(2) Exemptions for certain state-regulated investment advisers.--No fees shall be collected under this subsection from any investment adviser that is prohibited from registering with the Commission under section 203 by reason of section 203A. ``(3) Fee amounts.-- ``(A) Amount to be collected.-- ``(i) In general.--The Commission shall seek to ensure that the aggregate amount of fees collected under this subsection with respect to a specific fiscal year are equal to the estimated cost of the Commission in carrying out additional inspections and examinations for such fiscal year. ``(ii) Additional inspections and examinations defined.--For purposes of this subparagraph and with respect to a fiscal year, the term `additional inspections and examinations' means those inspections and examinations of investment advisers under this title for such fiscal year that exceed the number of inspections and examinations of investment advisers under this title conducted during fiscal year 2011. ``(B) Fee calculation formula.--The Commission shall establish by rulemaking a formula for determining the fee amount to be assessed against individual investment advisers, which shall take into account the following factors: ``(i) The anticipated costs of conducting inspections and examinations of investment advisers under this title, including the anticipated frequency of such inspections and examinations. ``(ii) The investment adviser's size, including the assets under management of the investment adviser (excluding any assets under management attributable to any of the adviser's clients that are a registered investment company). ``(iii) The number and type of clients of the investment adviser. ``(iv) Such other objective factors, such as risk characteristics, as the Commission determines to be appropriate. ``(C) Adjustment of formula.--Prior to the end of each fiscal year, the Commission shall review the fee calculation formula and, if, after allowing for a period of public comment, the Commission determines that the formula needs to be revised, the Commission shall revise such formula before fees are assessed for the following fiscal year. ``(4) Public disclosures.--The Commission shall make the following information publicly available, including on the Web site of the Commission: ``(A) The formula used to determine the fee amount to be assessed against individual investment advisers, and any adjustment made to such formula. ``(B) The factors used to determine such formula, including any additional objective factors used by the Commission pursuant to paragraph (3)(B)(iv). ``(5) Audit.-- ``(A) In general.--The Comptroller General of the United States shall, every 2 years, conduct an audit of the use of the fees collected by the Commission under this subsection, the reviews of the formula used to calculate such fees, and any adjustments made by the Commission to such formula. ``(B) Report.--After conducting each audit required under subparagraph (A), the Comptroller General shall issue a report on such audit to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate. ``(6) Treatment of fees.-- ``(A) In general.--Funds derived from fees assessed under this subsection shall be available to the Commission, without further appropriation or fiscal year limitation, to pay any costs associated with inspecting and examining investment advisers that are subject to inspection and examination under this title. ``(B) Funds not public funds.--Funds derived from fees assessed under this subsection shall not be construed to be Government or public funds or appropriated money. Notwithstanding any other provision of law, funds derived from fees assessed under this subsection shall not be subject to apportionment for the purpose of chapter 15 of title 31, United States Code, or under any other authority. ``(C) Funds supplemental to other amounts.--Funds derived from fees assessed under this subsection shall supplement, and be in addition to, any other amounts available to the Commission, under a regular appropriation or otherwise, for the purpose described in subparagraph (A).''.

Investment Adviser Examination Improvement Act of 2012 - Declares the sense of Congress that the Securities and Exchange Commission (SEC) should increase the number and frequency of examinations of investment advisers. Amends the Investment Advisers Act of 1940 to direct the SEC to collect an annual fee from investment advisers subject to SEC inspection or examination to defray the cost of such inspections and examinations. Exempts certain state-regulated investment advisers from the requirement to pay an annual fee. Prescribes a fee calculation formula. Requires the SEC to make the formula publicly available on its website along with the factors used to reach the fee determination. Requires the Comptroller General to audit biennially the use of such fees, SEC reviews of the fee formula, and any adjustments to it. Makes such fees available to the SEC, without further appropriation or fiscal year limitation, to pay costs associated with inspecting and examining investment advisers.

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SECTION 1. PARENTS AS TEACHERS PROGRAMS. Title IV of the Elementary and Secondary Education Act of 1965 is amended by inserting at the end the following new part: ``Part G--Parents as Teachers ``SEC. 4701. SHORT TITLE. ``This part may be cited as the `Parents as Teachers: the Family Involvement in Education Act of 1993'. ``SEC. 4702. FINDINGS. ``The Congress finds-- ``(1) increased parental involvement in the education of their children appears to be the key to long-term gains for youngsters; ``(2) providing seed money is an appropriate role for the Federal Government to play in education; ``(3) children participating in the parents as teachers program in Missouri are found to have increased cognitive or intellectual skills, language ability, social skills and other predictors of school success; ``(4) most early childhood programs begin at age 3 or 4 when remediation may already be necessary; and ``(5) many children receive no health screening between birth and the time they enter school, thus such children miss the opportunity of having developmental delays detected early. ``SEC. 4703. STATEMENT OF PURPOSE. ``It is the purpose of this part to encourage States to develop and expand parent and early childhood education programs in an effort to-- ``(1) increase parents' knowledge of and confidence in child-rearing activities, such as teaching and nurturing their young children; ``(2) strengthen partnerships between parents and schools; and ``(3) enhance the developmental progress of participating children. ``SEC. 4704. DEFINITIONS. ``For the purposes of this part-- ``(1) the term `developmental screening' means the process of measuring the progress of children to determine if there are problems or potential problems or advanced abilities in the areas of understanding and use of language, perception through sight, perception through hearing, motor development and hand- eye coordination, health, and physical development; ``(2) the term `eligible family' means any parent with one or more children between birth and 3 years of age, or any parent expecting a child; ``(3) the term `lead agency' means the office or agency in a State designated by the Governor to administer the parents as teachers program authorized by this part; ``(4) the term `parent education' includes parent support activities, the provision of resource materials on child development and parent-child learning activities, private and group educational guidance, individual and group learning experiences for the parent and child, and other activities that enable the parent to improve learning in the home; ``(5) the term `parent educator' means a person hired by the lead agency of a State or designated by local entities who administers group meetings, home visits and developmental screening for eligible families, and is trained by the Parents As Teachers National Center established under section 4708; and ``(6) the term `Secretary' means the Secretary of Education. ``SEC. 4705. PROGRAM ESTABLISHED. ``(a) In General.-- ``(1) The Secretary is authorized to make grants to States to pay the Federal share of the cost of establishing, expanding, and operating parents as teachers programs. ``(2) In awarding grants under paragraph (1), the Secretary shall give special consideration to applicants whose programs primarily serve hard-to-serve populations, including-- ``(A) teenaged parents, ``(B) illiterate parents, ``(C) economically disadvantaged parents, ``(D) offenders and their families, ``(E) unemployed parents, ``(F) learning disabled parents, and ``(G) non-English speaking parents. ``(3) In determining the amount of a grant under paragraph (1), the Secretary shall take into consideration the size of the population to be served, the size of the area to be served, and the financial resources of such population and area. ``(b) Special Rule.--Any State operating a parents as teachers program which is associated with the Parents As Teachers National Center located in St. Louis, Missouri, shall be eligible to receive a grant under this part. ``SEC. 4706. PROGRAM REQUIREMENTS. ``(a) In General.--(1) Each State receiving a grant under section 4705(a) shall conduct a parents as teachers program which-- ``(A) establishes and operates parent education programs including programs of developmental screening of children; and ``(B) designates a lead State agency which shall-- ``(i) hire parent educators who have had supervised experience in the care and education of children; ``(ii) establish the number of group meetings and home visits required to be provided each year for each participating family, with a minimum of 4 group meetings and 8 home visits for each participating family; ``(iii) be responsible for administering the periodic screening of participating children's educational, hearing and visual development, using the Denver Developmental Test, Zimmerman Preschool Language Scale, or other approved screening instruments; and ``(iv) develop recruitment and retention programs for hard-to-reach populations. ``(2) Grants awarded section 4705(a) shall only be used for parents as teachers programs which serve families during the period of time beginning with the last 3 months of a mother's pregnancy and ending when a child attains the age of 3. ``SEC. 4707. PARENTS AS TEACHERS NATIONAL CENTER. ``The Secretary shall establish a Parents As Teachers National Center to disseminate information to, and provide technical and training assistance to, States establishing and operating parents as teachers programs. ``SEC. 4708. EVALUATIONS. ``The Secretary shall complete an evaluation of the State parents as teachers programs within 4 years from the date of enactment of this part. ``SEC. 4709. APPLICATION. ``Each State desiring a grant under section 4705(a) shall submit an application to the Secretary at such time, in such manner and accompanied by such information as the Secretary may reasonably require. Each such application shall describe the activities and services for which assistance is sought. ``SEC. 4710. PAYMENTS AND FEDERAL SHARE. ``(a) Payments.--The Secretary shall pay to each State having an application approved under section 4709 the Federal share of the cost of the activities described in the application. ``(b) Federal Share.--(1) The Federal share-- ``(A) for the first year for which a State receives assistance under this part shall be 100 percent; ``(B) for the second such year shall be 100 percent; ``(C) for the third such year shall be 75 percent; ``(D) for the fourth such year shall be 50 percent; and ``(E) for the fifth such year 25 percent. ``(2) The non-Federal share of payments under this part may be in cash or in kind fairly evaluated, including planned equipment or services. ``SEC. 4711. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated $20,000,000 for each of the fiscal years 1993, 1994, 1995, 1996, and 1997 to carry out this Act.''.

Parents as Teachers: the Family Involvement in Education Act of 1993 - Authorizes the Secretary of Education to make grants to States for parents as teachers programs, with special consideration for hard-to-serve populations. Makes eligible for such a grant any State which operates a parents as teachers program associated with the Parents as Teachers National Center in Missouri. Sets forth program requirements, limiting services to families during the period from the last three months of a mother's pregnancy to the child's attaining age three. Directs the Secretary to: (1) establish a Parents as Teachers National Center for information dissemination and technical and training assistance for States with such programs; and (2) evaluate such programs within four years. Authorizes appropriations.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Indian Child Welfare Act Amendments of 1999''. SEC. 2. EXCLUSIVE JURISDICTION. Section 101(a) of the Indian Child Welfare Act of 1978 (25 U.S.C. 1911(a)) is amended-- (1) by inserting ``(1)'' after ``(a)''; and (2) by striking the last sentence and inserting the following: ``(2) An Indian tribe shall retain exclusive jurisdiction over any child custody proceeding that involves an Indian child, notwithstanding any subsequent change in the residence or domicile of the Indian child, in any case in which the Indian child-- ``(A) resides or is domiciled within the reservation of that Indian tribe and is made a ward of a tribal court of that Indian tribe; or ``(B) after a transfer of jurisdiction is carried out under subsection (b), becomes a ward of a tribal court of that Indian tribe.''. SEC. 3. INTERVENTION IN STATE COURT PROCEEDINGS. Section 101(c) of the Indian Child Welfare Act of 1978 (25 U.S.C. 1911(c)) is amended by striking ``In any State court proceeding'' and inserting ``Except as provided in section 103(e), in any State court proceeding''. SEC. 4. VOLUNTARY TERMINATION OF PARENTAL RIGHTS. Section 103(a) of the Indian Child Welfare Act of 1978 (25 U.S.C. 1913(a)) is amended-- (1) by striking the first sentence and inserting the following: ``(a)(1) Where any parent or Indian custodian voluntarily consents to foster care or preadoptive or adoptive placement or to termination of parental rights, such consent shall not be valid unless-- ``(A) executed in writing; ``(B) recorded before a judge of a court of competent jurisdiction; and ``(C) accompanied by the presiding judge's certificate that-- ``(i) the terms and consequences of the consent were fully explained in detail and were fully understood by the parent or Indian custodian; and ``(ii) any attorney or public or private agency that facilitates the voluntary termination of parental rights or preadoptive or adoptive placement has-- ``(I) informed the natural parents of the placement options with respect to the child involved; ``(II) informed those parents of the applicable provisions of this Act; and ``(III) certified that the natural parents will be notified within 10 days after any change in the adoptive placement.''; (2) by striking ``The court shall also certify'' and inserting the following: ``(2) The court shall also certify''; (3) by striking ``Any consent given prior to,'' and inserting the following: ``(3) Any consent given prior to,''; and (4) by adding at the end the following: ``(4) An Indian custodian who has the legal authority to consent to an adoptive placement shall be treated as a parent for the purposes of the notice and consent to adoption provisions of this Act.''. SEC. 5. WITHDRAWAL OF CONSENT. Section 103(b) of the Indian Child Welfare Act of 1978 (25 U.S.C. 1913(b)) is amended-- (1) by inserting ``(1)'' before ``Any''; and (2) by adding at the end the following: ``(2) Except as provided in paragraph (4), a consent to adoption of an Indian child or voluntary termination of parental rights to an Indian child may be revoked, only if-- ``(A) no final decree of adoption has been entered; and ``(B)(i) the adoptive placement specified by the parent terminates; or ``(ii) the revocation occurs before the later of the end of-- ``(I) the 180-day period beginning on the date on which the tribe of the Indian child receives written notice of the adoptive placement provided in accordance with the requirements of subsections (c) and (d); or ``(II) the 30-day period beginning on the date on which the parent who revokes consent receives notice of the commencement of the adoption proceeding that includes an explanation of the revocation period specified in this subclause. ``(3) Immediately upon an effective revocation under paragraph (2), the Indian child who is the subject of that revocation shall be returned to the parent who revokes consent. ``(4) Subject to paragraph (6), if, by the end of the applicable period determined under subclause (I) or (II) of paragraph (2)(B)(ii), a consent to adoption or voluntary termination of parental rights has not been revoked, a parent may revoke such consent after that date only-- ``(A) pursuant to applicable State law; or ``(B) if the parent of the Indian child involved petitions a court of competent jurisdiction, and the court finds that the consent to adoption or voluntary termination of parental rights was obtained through fraud or duress. ``(5) Subject to paragraph (6), if a consent to adoption or voluntary termination of parental rights is revoked under paragraph (4)(B), with respect to the Indian child involved-- ``(A) in a manner consistent with paragraph (3), the child shall be returned immediately to the parent who revokes consent; and ``(B) if a final decree of adoption has been entered, that final decree shall be vacated. ``(6) Except as otherwise provided under applicable State law, no adoption that has been in effect for a period longer than or equal to 2 years may be invalidated under this subsection.''. SEC. 6. NOTICE TO INDIAN TRIBES. Section 103(c) of the Indian Child Welfare Act of 1978 (25 U.S.C. 1913(c)) is amended to read as follows: ``(c)(1) A party that seeks the voluntary placement of an Indian child or the voluntary termination of the parental rights of a parent of an Indian child shall provide written notice of the placement or proceeding to the tribe of that Indian child. A notice under this subsection shall be sent by registered mail (return receipt requested) to the tribe of the Indian child, not later than the applicable date specified in paragraph (2) or (3). ``(2)(A) Except as provided in paragraph (3), notice shall be provided under paragraph (1) by the applicable date specified in each of the following cases: ``(i) Not later than 100 days after any foster care placement of an Indian child occurs. ``(ii) Not later than 5 days after any preadoptive or adoptive placement of an Indian child. ``(iii) Not later than 10 days after the commencement of any proceeding for a termination of parental rights to an Indian child. ``(iv) Not later than 10 days after the commencement of any adoptive proceeding concerning an Indian child. ``(B) A notice described in subparagraph (A)(ii) may be provided before the birth of an Indian child if a party referred to in paragraph (1) contemplates a specific adoptive or preadoptive placement. ``(3) If, after the expiration of the applicable period specified in paragraph (2), a party referred to in paragraph (1) discovers that the child involved may be an Indian child-- ``(A) the party shall provide notice under paragraph (1) not later than 10 days after the discovery; and ``(B) any applicable time limit specified in subsection (e) shall apply to the notice provided under subparagraph (A) only if the party referred to in paragraph (1) has, on or before commencement of the placement, made reasonable inquiry concerning whether the child involved may be an Indian child.''. SEC. 7. CONTENT OF NOTICE. Section 103(d) of the Indian Child Welfare Act of 1978 (25 U.S.C. 1913(d)) is amended to read as follows: ``(d) Each written notice provided under subsection (c) shall be based on a good faith investigation and contain the following: ``(1) The name of the Indian child involved, and the actual or anticipated date and place of birth of the Indian child. ``(2) A list containing the name, address, date of birth, and (if applicable) the maiden name of each Indian parent and grandparent of the Indian child, if-- ``(A) known after inquiry of-- ``(i) the birth parent placing the child or relinquishing parental rights; and ``(ii) the other birth parent (if available); or ``(B) otherwise ascertainable through other reasonable inquiry. ``(3) A list containing the name and address of each known extended family member (if any), that has priority in placement under section 105. ``(4) A statement of the reasons why the child involved may be an Indian child. ``(5) The names and addresses of the parties involved in any applicable proceeding in a State court. ``(6)(A) The name and address of the State court in which a proceeding referred to in paragraph (5) is pending, or will be filed; and ``(B) the date and time of any related court proceeding that is scheduled as of the date on which the notice is provided under this subsection. ``(7) If any, the tribal affiliation of the prospective adoptive parents. ``(8) The name and address of any public or private social service agency or adoption agency involved. ``(9) An identification of any Indian tribe with respect to which the Indian child or parent may be a member. ``(10) A statement that each Indian tribe identified under paragraph (9) may have the right to intervene in the proceeding referred to in paragraph (5). ``(11) An inquiry concerning whether the Indian tribe that receives notice under subsection (c) intends to intervene under subsection (e) or waive any such right to intervention. ``(12) A statement that, if the Indian tribe that receives notice under subsection (c) fails to respond in accordance with subsection (e) by the applicable date specified in that subsection, the right of that Indian tribe to intervene in the proceeding involved shall be considered to have been waived by that Indian tribe.''. SEC. 8. INTERVENTION BY INDIAN TRIBE. Section 103 of the Indian Child Welfare Act of 1978 (25 U.S.C. 1913) is amended by adding at the end the following: ``(e)(1) The tribe of the Indian child involved shall have the right to intervene at any time in a voluntary child custody proceeding in a State court only if-- ``(A) in the case of a voluntary proceeding to terminate parental rights, the Indian tribe sent a notice of intent to intervene or a written objection to the adoptive placement to the court or to the party that is seeking the voluntary placement of the Indian child, not later than 30 days after receiving notice that was provided in accordance with the requirements of subsections (c) and (d); or ``(B) in the case of a voluntary adoption proceeding, the Indian tribe sent a notice of intent to intervene or a written objection to the adoptive placement to the court or to the party that is seeking the voluntary placement of the Indian child, not later than the later of-- ``(i) 90 days after receiving notice of the adoptive placement that was provided in accordance with the requirements of subsections (c) and (d); or ``(ii) 30 days after receiving a notice of the voluntary adoption proceeding that was provided in accordance with the requirements of subsections (c) and (d). ``(2)(A) Except as provided in subparagraph (B), the tribe of the Indian child involved shall have the right to intervene at any time in a voluntary child custody proceeding in a State court in any case in which the Indian tribe did not receive written notice provided in accordance with the requirements of subsections (c) and (d). ``(B) An Indian tribe may not intervene in any voluntary child custody proceeding in a State court if the Indian tribe gives written notice to the State court or any party involved of-- ``(i) the intent of the Indian tribe not to intervene in the proceeding; or ``(ii) the determination by the Indian tribe that-- ``(I) the child involved is not a member of, or is not eligible for membership in, the Indian tribe; or ``(II) neither parent of the child is a member of the Indian tribe. ``(3) If an Indian tribe files a motion for intervention in a State court under this subsection, the Indian tribe shall submit to the court, at the same time as the Indian tribe files that motion, a tribal certification that includes a statement that documents, with respect to the Indian child involved, the membership or eligibility for membership of that Indian child in the Indian tribe under applicable tribal law. ``(f) Any act or failure to act of an Indian tribe under subsection (e) shall not-- ``(1) affect any placement preference or other right of any individual under this Act; ``(2) preclude the Indian tribe of the Indian child that is the subject of an action taken by the Indian tribe under subsection (e) from intervening in a proceeding concerning that Indian child if a proposed adoptive placement of that Indian child is changed after that action is taken; or ``(3) except as specifically provided in subsection (e), affect the applicability of this Act. ``(g) Notwithstanding any other provision of law, no proceeding for a voluntary termination of parental rights or adoption of an Indian child may be conducted under applicable State law before the date that is 30 days after the tribe of the Indian child receives notice of that proceeding that was provided in accordance with the requirements of subsections (c) and (d). ``(h) Notwithstanding any other provision of law (including any State law)-- ``(1) a court may approve, if in the best interests of an Indian child, as part of an adoption decree of that Indian child, an agreement that states that a birth parent, an extended family member, or the tribe of the Indian child shall have an enforceable right of visitation or continued contact with the Indian child after the entry of a final decree of adoption; and ``(2) the failure to comply with any provision of a court order concerning the continued visitation or contact referred to in paragraph (1) shall not be considered to be grounds for setting aside a final decree of adoption.''. SEC. 9. PLACEMENT OF INDIAN CHILDREN. Section 105(c) of the Indian Child Welfare Act of 1978 (25 U.S.C. 1915(c)) is amended-- (1) in the second sentence-- (A) by striking ``Indian child or parent'' and inserting ``parent or Indian child''; and (B) by striking the colon after ``considered'' and inserting a period; (2) by striking ``Provided, That where'' and inserting: ``In any case in which''; and (3) by inserting after the second sentence the following: ``In any case in which a court determines that it is appropriate to consider the preference of a parent or Indian child, for purposes of subsection (a), that preference may be considered to constitute good cause.''. SEC. 10. FRAUDULENT REPRESENTATION. Title I of the Indian Child Welfare Act of 1978 (25 U.S.C. 1911 et seq.) is amended by adding at the end the following: ``SEC. 114. FRAUDULENT REPRESENTATION. ``(a) In General.--With respect to any proceeding subject to this Act involving an Indian child or a child who may be considered to be an Indian child for purposes of this Act, a person, other than a birth parent of the child, shall, upon conviction, be subject to a criminal sanction under subsection (b) if that person knowingly and willfully-- ``(1) falsifies, conceals, or covers up by any trick, scheme, or device, a material fact concerning whether, for purposes of this Act-- ``(A) a child is an Indian child; or ``(B) a parent is an Indian; ``(2)(A) makes any false, fictitious, or fraudulent statement, omission, or representation; or ``(B) falsifies a written document knowing that the document contains a false, fictitious, or fraudulent statement or entry relating to a material fact described in paragraph (1); or ``(3) assists any person in physically removing a child from the United States in order to obstruct the application of this Act. ``(b) Criminal Sanctions.--The criminal sanctions for a violation referred to in subsection (a) are as follows: ``(1) for an initial violation, a person shall be fined in accordance with section 3571 of title 18, United States Code, or imprisoned not more than 1 year, or both. ``(2) For any subsequent violation, a person shall be fined in accordance with section 3571 of title 18, United States Code, or imprisoned not more than 5 years, or both.''.

Indian Child Welfare Act Amendments of 1999 - Amends the Indian Child Welfare Act of 1978 to provide for retention by an Indian tribe of exclusive jurisdiction over child custody proceedings involving Indian children that are or become wards of a tribal court of that Indian tribe. Revises requirements, with respect to Indian children, regarding: (1) the voluntary termination of parental rights; and (2) the withdrawal of a consent to such voluntary termination or to adoption. Requires a party seeking the voluntary placement of an Indian child or the voluntary termination of parental rights to provide written notice to the Indian child's tribe. Sets forth the requirements for such a written notice. Permits an Indian tribe to intervene only if a child's tribe has sent a written objection to the adoptive placement to the court or to the party seeking the voluntary placement of the Indian child, but permits the child's Indian tribe to intervene in any case in which the Indian tribe did not receive a written notice. Modifies requirements regarding consideration of the personal preference of an Indian child or parent with respect to adoptive placements, foster care, and preadoptive placements. Prescribes, in any case in which a court determines that it is appropriate to consider the preference of a parent or Indian child, that preference may be considered to constitute good cause. Provides criminal sanctions for fraudulent representation with respect to any proceeding involving an Indian child.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Guard and Reserve Early Retirement Act of 2007''. SEC. 2. FINDINGS. Congress finds the following: (1) Members of the Active Components of the United States Military Services are eligible for an immediate annuity upon attaining twenty years of creditable service. (2) Members of the Reserve Components must wait to receive their annuity until age 60. (3) Over the last 15 years, the contributions in support of Active Duty missions by both the Guard and the Reserve have increased substantially. (4) During the Global War on Terrorism Reserve Component members have gone into harms way and fought alongside members of the Active Duty. (5) These contributions have been made under various forms of active duty orders, including Active Duty for Training (ADT), Active Duty for Special Work (ADSW), Presidential Recall, and Partial Mobilization. Only a subset of mobilization orders is being credited as being ``in support of contingency operation.'' (6) Further contributions have been made to Active Duty commands within the United States during consecutive periods of Inactive Duty Training (IDT) and Annual Training (AT). (7) Additionally, both enlisted and officers within the Reserve Component are required for promotion to complete professional training and/or Joint Professional Military Education (JPME), often by taking non-paid correspondence or on-line Distant Learning courses for only inactive duty points, while Active Duty are often sent on Temporary Duty Assignment (TDY) to complete such courses. Currently there is no mechanism in place to compensate National Guard and Reserve Component soldiers for required professional courses. (8) Active Duty does not differentiate between stateside or deployed duty when earning creditable duty toward retirement at 20 years. (9) As defined by section 12733 of title 10, United States Code, RC members earn one inactive duty point toward retirement for each Reserve training drill. They can also earn one active duty point for every day of active duty performed. An Active Duty year is measured as 360 points. Professional courses are assigned inactive duty points. (10) Members of the Guard and Reserve understand the point system. (11) A minimum of 50 points is required for a creditable service year. (12) Basing a Reserve Component retirement system on the accumulation of retirement points would remove differentiation of duty, clarify eligibility, and by using an appropriately structured matrix would encourage volunteerism and retention. SEC. 3. ELIGIBILITY FOR RETIRED PAY FOR NONREGULAR SERVICE. (a) Age and Service Requirements.--Subsection (a) of section 12731 of title 10, United States Code, is amended to read as follows: ``(a)(1) Except as provided in subsection (c), a person is entitled, upon application, to retired pay computed under section 12739 of this title, if the person-- ``(A) satisfies one of the combinations of requirements for minimum age and minimum number of years of creditable service (computed under section 12732 of this title) that are specified in the table in paragraph (2); ``(B) performed the last six years of qualifying service while a member of any category named in section 12732(a)(1) of this title, but not while a member of a regular component, the Fleet Reserve, or the Fleet Marine Corps Reserve, except that in the case of a person who completed 20 years of service computed under section 12732 of this title before October 5, 1994, the number of years of qualifying service under this subparagraph shall be eight; and ``(C) is not entitled, under any other provision of law, to retired pay from an armed force or retainer pay as a member of the Fleet Reserve or the Fleet Marine Corps Reserve. ``(2) The combinations of minimum age and minimum earned points (as defined under section 12732 of this title) required of a person under subparagraph (A) of paragraph (1) for entitlement to retired pay as provided in such paragraph are as follows: ---------------------------------------------------------------------------------------------------------------- The minimum earned points required for that Age, in years, is at least: age is: ---------------------------------------------------------------------------------------------------------------- 55 4500 56 4225 57 3950 58 3675 59 3400 60 1000''. ---------------------------------------------------------------------------------------------------------------- (b) 20-Year Letter.--Subsection (d) of such section is amended by striking ``the years of service required for eligibility for retired pay under this chapter'' in the first sentence and inserting ``20 years of service computed under section 12732 of this title''. SEC. 4. CONTINUATION OF AGE 60 AS MINIMUM AGE FOR ELIGIBILITY OF NONREGULAR SERVICE RETIREES FOR HEALTH CARE. Section 1074(b) of title 10, United States Code, is amended-- (1) by inserting ``(1)'' after ``(b)''; and (2) by adding at the end the following new paragraph: SEC. 5. EFFECTIVE DATE AND APPLICABILITY. This Act and the amendments made by this Act shall take effect on the first day of the first month that begins no more than 180 days after the date of the enactment of this Act and shall apply with respect to retired pay payable for that month and subsequent months. ``(2) Paragraph (1) does not apply to a member or former member entitled to retired pay for non-regular service under chapter 1223 of this title who is under 60 years of age.''.

Guard and Reserve Early Retirement Act of 2007 - Revises provisions concerning eligibility for military retired pay for nonregular (reserve) service to: (1) remove the requirement that the person be at least 60 years of age; and (2) provide an additional qualifier in the case of a combination of minimum age and earned duty points (requiring 4500 points with a minimum age of 55, descending to 1000 points with a minimum age of 60). Continues 60 as the minimum eligibility age for such retirees for health care furnished through the Department of Defense (DOD).

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Compliance Assistance Enhancement Act of 2005''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds the following: (1) Small businesses represent 99.7 percent of all employers, employ half of all private sector employees, and pay 44.3 percent of total United States private payroll. (2) Small businesses generated 60 to 80 percent of net new jobs annually over the last decade. (3) Very small firms with fewer than 20 employees spend 60 percent more per employee than larger firms to comply with Federal regulations. Small firms spend twice as much on tax compliance as their larger counterparts. Based on an analysis in 2001, firms employing fewer than 20 employees face an annual regulatory burden of nearly $7,000 per employee, compared to a burden of almost $4,500 per employee for a firm with over 500 employees. (4) Section 212 of the Small Business Regulatory Enforcement Fairness Act of 1996 (5 U.S.C. 601 note) requires agencies to produce small entity compliance guides for each rule or group of rules for which an agency is required to prepare a final regulatory flexibility analysis under section 604 of title 5, United States Code. (5) The Government Accountability Office has found that agencies have rarely attempted to comply with section 212 of the Small Business Regulatory Enforcement Fairness Act of 1996 (5 U.S.C. 601 note). When agencies did try to comply with that requirement, they generally did not produce adequate compliance assistance materials. (6) The Government Accountability Office also found that section 212 of the Small Business Regulatory Enforcement Fairness Act of 1996 (5 U.S.C. 601 note) and other sections of that Act need clarification to be effective. (b) Purposes.--The purposes of this Act are the following: (1) To clarify the requirement contained in section 212 of the Small Business Regulatory Enforcement Fairness Act of 1996 (5 U.S.C. 601 note) for agencies to produce small entity compliance guides. (2) To clarify other terms relating to the requirement in section 212 of the Small Business Regulatory Enforcement Fairness Act of 1996 (5 U.S.C. 601 note). (3) To ensure that agencies produce adequate and useful compliance assistance materials to help small businesses meet the obligations imposed by regulations affecting such small businesses, and to increase compliance with these regulations. SEC. 3. ENHANCED COMPLIANCE ASSISTANCE FOR SMALL BUSINESSES. (a) In General.--Section 212 of the Small Business Regulatory Enforcement Fairness Act of 1996 (5 U.S.C. 601 note) is amended by striking subsection (a) and inserting the following: ``(a) Compliance Guide.-- ``(1) In general.--For each rule or group of related rules for which an agency is required to prepare a final regulatory flexibility analysis under section 605(b) of title 5, United States Code, the agency shall publish 1 or more guides to assist small entities in complying with the rule and shall entitle such publications `small entity compliance guides'. ``(2) Publication of guides.--The publication of each guide under this subsection shall include-- ``(A) the posting of the guide in an easily identified location on the website of the agency; and ``(B) distribution of the guide to known industry contacts, such as small entities, associations, or industry leaders affected by the rule. ``(3) Publication date.--An agency shall publish each guide (including the posting and distribution of the guide as described under paragraph (2))-- ``(A) on the same date as the date of publication of the final rule (or as soon as possible after that date); and ``(B) not later than the date on which the requirements of that rule become effective. ``(4) Compliance actions.-- ``(A) In general.--Each guide shall explain the actions a small entity is required to take to comply with a rule. ``(B) Explanation.--The explanation under subparagraph (A)-- ``(i) shall include a description of actions needed to meet the requirements of a rule, to enable a small entity to know when such requirements are met; and ``(ii) if determined appropriate by the agency, may include a description of possible procedures, such as conducting tests, that may assist a small entity in meeting such requirements. ``(C) Procedures.--Procedures described under subparagraph (B)(ii)-- ``(i) shall be suggestions to assist small entities; and ``(ii) shall not be additional requirements relating to the rule. ``(5) Agency preparation of guides.--The agency shall, in its sole discretion, taking into account the subject matter of the rule and the language of relevant statutes, ensure that the guide is written using sufficiently plain language likely to be understood by affected small entities. Agencies may prepare separate guides covering groups or classes of similarly affected small entities and may cooperate with associations of small entities to develop and distribute such guides. An agency may prepare guides and apply this section with respect to a rule or a group of related rules. ``(6) Reporting.--Not later than 1 year after the date of enactment of the Small Business Compliance Assistance Enhancement Act of 2005, and annually thereafter, the head of each agency shall submit a report to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives describing the status of the agency's compliance with paragraphs (1) through (5).''. (b) Technical and Conforming Amendment.--Section 211(3) of the Small Business Regulatory Enforcement Fairness Act of 1996 (5 U.S.C. 601 note) is amended by inserting ``and entitled'' after ``designated''.

Small Business Compliance Assistance Enhancement Act of 2005 - Amends the Small Business Regulatory Enforcement Fairness Act of 1996 to require an agency to prepare a compliance guide to assist small entities in complying with a Federal rule or group of related rules for which an agency is required to prepare a final regulatory flexibility analysis whenever an agency determines that a Federal rule or group of rules will have a significant economic impact on a substantial number of small entities.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Defunding the Corrupt and Incompetent United Nations Act''. SEC. 2. FINDINGS. (a) In General.--Congress finds the following: (1) The United States pays far more than any other nation for United Nations operations, which are divided into three program baskets: regular budget, peacekeeping budget, and specialized programs such as developmental and disaster assistance. (2) Despite the United States paying an overly large share of the budget, United Nations treaties are often in opposition to the interests of the United States, so the United States is effectively paying others to undermine our foreign policy. (3) There also is a global lack of accountability coupled with incompetence at the United Nations, with terrible crimes and genocides happening under the watch of the United Nations. (4) Finally, a constant and disproportionate use of United Nations time and money is dedicated to persecuting Israel, the only democracy in the Middle East. (5) For the reasons specified in paragraphs (1) through (4), which are further detailed in subsections (b) through (e), the United States will no longer provide funds to this corrupt and incompetent body unless very significant changes are made immediately. (b) Unfair Budget Burden and Unaccountability.--Congress finds the following: (1) The United States was assessed for contributions to the regular United Nations budget and the United Nations peacekeeping budget totaling approximately $3,000,000,000 of an approximately $11,000,000,000 combined United Nations budget for those purposes in 2016. (2) At under five percent of the world population, 22 percent of the world nominal Gross Domestic Product (GDP) but 16.1 percent of world GDP by purchasing power parity, the United States was assessed to contribute 22 percent of the regular United Nations budget in 2016. (3) This is a higher regular assessment than the 176 least assessed United Nations member states combined. (4) A majority of United Nations member states will be assessed total contributions of less than $1,000,000 a year for the United Nations regular and peacekeeping budgets combined. The least assessed member states historically pay a net several thousand dollars to the United Nations after collecting lavish travel subsidies from the United Nations. (5) The 113 members of the Non-Aligned Movement, which frequently votes against United States and democratic proposals and interests, were collectively assessed approximately $559,000,000 of United Nations regular and peacekeeping budgets in 2016. (6) The 56 countries of the Organization of Islamic Cooperation (OIC), including 10 of the world's top 20 oil producing countries, together were assessed approximately $406,000,000 to the regular and peacekeeping budgets of the United Nations in 2016. These countries also frequently vote against United States and democratic proposals and interests. (7) The other four permanent members of the United Nations Security Council--the Russian Federation, the People's Republic of China, the United Kingdom, and France--were assessed a combined $2,734,000,000 in 2016 to the United Nations, compared to the United States $2,959,000,000 assessment for the United Nations regular budget and United Nations peacekeeping budget. (8) The United Nations requires two-thirds of member states to approve the United Nations regular budget but does not have a commonsense rule to require that budgets be approved by member states that contribute two-thirds of the money. This means member states that make minimal contributions can approve the regular budget over the objection of the United States and other major contributors. (9) However, the United States also is assessed 28.4691 percent of the United Nations peacekeeping budget for 2017 despite the bipartisan Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236; enacted April 30, 1994), which prohibits the United States from making contributions that exceed 25 percent of the peacekeeping budget. Currently, the difference between 25 percent and the 28.4691 percent assessed levels amounts to $275,000,000. (10) This is a higher peacekeeping budget assessment than the 185 least assessed United Nations member states combined. (11) In addition, the United States Government separately contributes more than $5,000,000,000 per year for other United Nations programs. There is no comprehensive report to Congress about these United Nations agency requirements. The last comprehensive report was for fiscal year 2010. (c) United Nations Treaties That Are Against United States Interests.--Congress finds the following: (1) Ratification of the United Nations Convention on the Law of the Sea (UNCLOS) would subject the United States to internationally based environmental mandates and place new financial mandates on United States businesses, and therefore is not in the interests of the United States. (2) The recent effort under the auspices of the United Nations Framework Convention on Climate Change (UNFCCC) to reestablish an international regulation regime to end global warming, which would heavily target fossil fuels, is against United States interests. (3) Ratification of the Arms Trade Treaty, which would closely regulate global arms trade exports and impose regulations on United States gun manufacturers, is not in the interests of the United States. (d) Global Lack of Accountability and Incompetence.--Congress finds the following: (1) In the civil war in Sri Lanka from 1983 to 2009, the United Nations did not investigate claims of war crimes and made no attempt to protect the civilian population, resulting in 6,500 individuals being murdered inside supposed United Nations ``safe zones''. (2) The United Nations did not acknowledge the replacement government of Cambodia after Pol Pot and the Khmer Rouge until 1994, after Paul Pot's communist authorities murdered more than 2,500,000 Cambodians, or 33 percent of the population. (3) In 1994, after 10 Belgian peacekeepers were murdered in Rwanda, United Nations troops directly abandoned hundreds of Tutsis who were murdered by Hutus, and in the process abandoned the country to a genocide that left approximately 1,000,000 individuals dead, or nearly 20 percent of the population. (4) After several United States and Pakistani troops were killed in 1993, the United Nations withdrew all peacekeeping troops from Somalia in 1995. (5) In 1995, United Nations peacekeepers in northeastern Bosnia failed to prevent Serbs from murdering 8,000 men and boys in Srebrenica. (6) From 2003 to 2005 the United Nations did not enter Sudan despite organized attacks on populated villages by Janjaweed militant groups. In 2010 an estimated 300,000 Sudanese civilians were killed. (7) United Nations peacekeeping audits have revealed mismanagement, fraud, and corruption in procurement. (8) United Nations peacekeepers were the source of the cholera outbreak in Haiti beginning in 2010 that left more than 8,000 individuals dead and 600,000 seriously sickened. (9) United Nations agencies are in the bottom half of effectiveness among bilateral, multilateral, and United Nations aid agencies based on transparency, specialization, selectivity, ineffective aid channels, and overhead cost (``Rhetoric versus Reality: The Best and Worst of Aid Agency Practices'', William Easterly and Claudia R. Williamson). (10) The United Nations Security Council attempted to invoke sanctions under chapter VII of the Charter of the United Nations to prevent genocide in the recent civil war in Syria, but the Russian Federation and the People's Republic of China prevented action by the United Nations, resulting in more than 60,000 civilian deaths and thousands of other civilians displaced. (11) A United Nations study found that United Nations peacekeeping missions routinely avoid using force to protect civilians who are under attack, intervening in only 20 percent of cases despite being authorized to do so by the United Nations Security Council (``United Nations General Assembly, Evaluation of the Implementation and Results of Protection of Civilians Mandates in United Nations Peacekeeping Operations, No. A/68/787'', Reuters, May 7, 2014). (12) United Nations peacekeepers continue to abuse the unprotected populations they are supposed to be helping (Code Blue, ``A Practical Plan to End Impunity for Peacekeeper Sexual Abuse'', October 13, 2016). (13) United Nations peacekeepers in South Sudan in 2016 failed to protect civilians from murder and rape even within sight of United Nations soldiers or inside supposedly protected safe zones. (e) Constant and Disproportionate Use of United Nations Time and Money To Harass Israel.--Congress finds the following: (1) The United Nations is hostile to our closest ally in the Middle East, Israel, which is also the most developed democracy in that region. (2) The United Nations Security Council passed United Nations Security Council Resolution 2324 on December 23, 2016, to condemn Israeli settlements, while the Obama administration backstabbed Israel by abstaining instead of vetoing this dangerous resolution. As Senator Charles Schumer said, ``Whatever one's views are on settlements, anyone who cares about the future of Israel and peace in the region knows that the United Nations, with its one-sidedness, is exactly the wrong forum to bring about peace.''. (3) The United Nations voted in 2012 to grant the Palestinian Authority ``non-member state'' permanent observer status. (4) United Nations Human Rights Council (UNHRC) also acts contrary to United States interests. For example, in the ten years of June 2006 through June 2016, when the UNHRC acts to condemn a specific country, most of the time it condemns Israel. That is to say, the UNHRC singles Israel out for solitary condemnation more than all the other countries of the world put together. (5) The UNHRC has 10 permanent agenda items, one of which (Agenda Item 7, ``Human Rights Situation in Palestine and Other Occupied Arab Territories'') is criticism of Israel. (6) The United Nations Relief and Works Agency for Palestinian Refugees in the Near East (UNRWA), contrary to the practice of the United Nations High Commissioner for Refugees, defines Palestinian ``refugee'' status as a hereditary entitlement over generations. It also failed to stop Hamas from stockpiling missiles in schools, and did not immediately report this violation of civilian rights and standard of conflict to the United Nations Security Council. (7) The United Nations Durban Declaration of the World Conference Against Racism in 2001 singled out only Israel for condemnation for racist policies, of all the countries in the world. (8) Twenty Arab countries use the United Nations to vote against United States interests most of the time but collect annual foreign assistance from the United States. For example, in 2017 Egypt is slated to receive $1,500,000,000 in assistance, Jordan $1,000,000,000 and Iraq $500,000,000. These figures do not include all amounts of United States military assistance given in direct funding, in-kind grants, and excess defense equipment. (9) The Palestinian Authority also receives over $350,000,000 per year from the United States in humanitarian assistance that the Palestinian Authority routinely uses to inspire hate in schools, among other purposes. (10) All this United Nations anti-Israel activity goes on despite Israel being the only democracy in the Middle East, giving citizenship to many Arab citizens, holding open elections and an independent judiciary, sponsoring a vibrant civil society, and allowing freedom for press, women, religious beliefs, nongovernmental organizations, and gay lifestyles. (11) Israel also has traded land for peace but Hamas continues to be dedicated to the destruction of Israel. When Israel withdrew from Gaza, the territory fell under the control of Hamas, which launched regular rocket and terror attacks on Israel from Gaza. SEC. 3. PROHIBITION ON ASSESSED AND VOLUNTARY CONTRIBUTIONS TO THE UNITED NATIONS. (a) In General.--No funds may be obligated or expended to provide assessed or voluntary contributions to the United Nations, the United Nations system, or United Nations-affiliated agencies during the period beginning on the date of the enactment of this Act and ending on the date on which the President certifies to Congress that the requirements and criteria described in subsection (b) are met. (b) Requirements and Criteria Described.--The requirements and criteria described in this subsection are the following: (1) The United Nations adopts a rule providing that for the United Nations regular budget to be approved, not only must the currently required two-thirds of member states approve, but also a combination of member states whose assessed contributions make up at least 67 percent of the regular budget must approve. (2) The Director of the Office of Management and Budget submits to Congress a report on all United States assessed and voluntary contributions to the United Nations system. (3) The Secretary of State submits to Congress a report providing a comprehensive analysis of United States interests supported by United States memberships in international organizations, United States contributions to these organizations, and whether these interests could be achieved by other means. This report additionally shall assess which United Nations organizations contain good or poor value for their money, and recommending which if any of such organization merits United States support, and which do not merit United States support. (4) The Office of Inspector General of the Department of State establishes an office responsible for inspecting and auditing the use of United States contributions to international organizations. (5) The Secretary-General of the United Nations and the heads of other international organizations described in paragraph (4) provide assurances to the United States Government that such organizations will cooperate with the Department of State office established pursuant to paragraph (4). (6) The Secretary of State submits to Congress an evaluation of long-running United Nations peacekeeping missions to ascertain which such missions are needed and which such missions and participants are advancing United States and democratic ideals and interests. (7) The United Nations revises its pay structure so that salaries do not exceed equivalent United States civil service salaries. (8) The United Nations reinstates and conducts ongoing, annual, robust reviews of its own mandates to determine which such mandates are outmoded and should be eliminated or terminated. (9) The United Nations reinstates its Procurement Task Force that successfully reviewed large scale fraud in the $600,000,000 Iraqi oil for food program but was subsequently shut down. (10) The United Nations adopts reforms to make the United Nations Office of Internal Oversight Services (OIOS) and ethics office truly independent, and strengthens whistleblower protections. (11) The United Nations demonstrates its peacekeepers are proactively protecting civilians, and adopts changes to insure that troop contributing countries investigate and punish those found to have not followed their duties and/or to have committed crimes. SEC. 4. FURTHER LIMITATION ON ASSESSED AND PEACEKEEPING CONTRIBUTIONS TO THE UNITED NATIONS. Beginning on the day after the date on which the President certifies to Congress that the requirements and criteria described in section 3(b) are met-- (1) funds obligated or expended to provide assessed contributions to the United Nations regular budget may not exceed 18 percent of the total assessed contributions to such budget; and (2) funds obligated or expended to provide assessed contributions to the United Nations peacekeeping budget may not exceed 25 percent of the total contributions to such budget.

Defunding the Corrupt and Incompetent United Nations Act This bill prohibits the obligation or expenditure of funds to provide contributions to the United Nations, the U.N. system, or U.N.-affiliated agencies until the President certifies to Congress that specified requirements are met, including that the U.N.: adopts a rule providing that, for its regular budget to be approved, not only must the currently required two-thirds of member states approve, but also a combination of member states whose assessed contributions make up at least 67% of the budget must approve; revises its pay structure so that salaries do not exceed equivalent U.S. civil service salaries; reinstates and conducts ongoing reviews to determine which of its mandates are outmoded and should be terminated; reinstates its Procurement Task Force; adopts reforms to make its Office of Internal Oversight Services and ethics office truly independent and strengthens whistleblower protections; and demonstrates that its peacekeepers are proactively protecting civilians and adopts changes to insure that troop contributing countries investigate and punish those found to have not followed their duties and/or to have committed crimes. Additional requirements include specified actions by the Office of Management and Budget, the Secretary-General of the U.N., international organizations receiving U.S. assistance, and the Department of State, including establishment of an office responsible for inspecting and auditing the use of U.S. contributions to international organizations. Once the President certifies that the requirements have been met, funds obligated or expended to provide assessed contributions to: (1) the U.N.'s regular budget may not exceed 18% of the total assessed contributions to such budget, and (2) the U.N.'s peacekeeping budget may not exceed 25% of the total contributions to such budget.

15,749

SECTION 1. PURPOSE. The purpose of this Act is to authorize and provide funding for the Bureau of Reclamation to continue the implementation of the endangered fish recovery implementation programs for the Upper Colorado and San Juan River Basins in order to accomplish the objectives of these programs within a currently established time schedule. SEC. 2. DEFINITIONS. As used in this Act: (1) The term ``Recovery Implementation Programs'' means the intergovernmental programs established pursuant to the 1988 Cooperative Agreement to implement the Recovery Implementation Program for the Endangered Fish Species in the Upper Colorado River dated September 29, 1987, and the 1992 Cooperative Agreement to implement the San Juan River Recovery Implementation Program dated October 21, 1992, and as they may be amended by the parties thereto. (2) The term ``Secretary'' means the Secretary of the Interior. (3) The term ``Upper Division States'' means the States of Colorado, New Mexico, Utah, and Wyoming. (4) The term ``Colorado River Storage Project'' or ``storage project'' means those dams, reservoirs, power plants, and other appurtenant project facilities and features authorized by and constructed in accordance with the Colorado River Storage Project Act (43 U.S.C. 620 et seq.). (5) The term ``capital projects'' means planning, design, permitting or other compliance, pre-construction activities, construction, construction management, and replacement of facilities, and the acquisition of interests in land or water, as necessary to carry out the Recovery Implementation Programs. (6) The term ``facilities'' includes facilities for the genetic conservation or propagation of the endangered fishes, those for the restoration of floodplain habitat or fish passage, those for control or supply of instream flows, and those for the removal or translocation of nonnative fishes. (7) The term ``interests in land and water'' includes, but is not limited to, long-term leases and easements, and long- term enforcement, or other agreements protecting instream flows. (8) The term ``base funding'' means funding for operation and maintenance of capital projects, implementation of recovery actions other than capital projects, monitoring and research to evaluate the need for or effectiveness of any recovery action, and program management, as necessary to carry out the Recovery Implementation Programs. Base funding also includes annual funding provided under the terms of the 1988 Cooperative Agreement and the 1992 Cooperative Agreement. (9) The term ``recovery actions other than capital projects'' includes short-term leases and agreements for interests in land, water, and facilities; the reintroduction or augmentation of endangered fish stocks; and the removal, translocation, or other control of nonnative fishes. (10) The term ``depletion charge'' means a one-time contribution in dollars per acre-foot to be paid to the United States Fish and Wildlife Service based on the average annual new depletion by each project. SEC. 3. AUTHORIZATION TO FUND RECOVERY PROGRAMS. (a) Authorization of Appropriations for Federal Participation in Capital Projects.--(1) There is hereby authorized to be appropriated to the Secretary, $46,000,000 to undertake capital projects to carry out the purposes of this Act. Such funds shall be considered a nonreimbursable Federal expenditure. (2) The authority of the Secretary, acting through the Bureau of Reclamation, under this or any other provision of law to implement capital projects for the Recovery Implementation Program for Endangered Fish Species in the Upper Colorado River Basin shall expire in fiscal year 2005 unless reauthorized by an Act of Congress. (3) The authority of the Secretary to implement the capital projects for the San Juan River Basin Recovery Implementation Program shall expire in fiscal year 2007 unless reauthorized by an Act of Congress. (b) Cost of Capital Projects.--The total costs of the capital projects undertaken for the Recovery Implementation Programs receiving assistance under this Act shall not exceed $100,000,000 of which-- (1) costs shall not exceed $82,000,000 for the Recovery Implementation Program for Endangered Fish Species in the Upper Colorado River Basin through fiscal year 2005; and (2) costs shall not exceed $18,000,000 for the San Juan River Recovery Implementation Program through fiscal year 2007. The amounts set forth in this subsection shall be adjusted by the Secretary for inflation in each fiscal year beginning after the enactment of this Act. (c) Non-Federal Contributions to Capital Projects.--(1) The Secretary, acting through the Bureau of Reclamation, may accept contributed funds from the Upper Division States, or political subdivisions or organizations with the Upper Division States, pursuant to agreements that provide for the contributions to be used for capital projects costs. Such funds may be expended as if appropriated for such purposes. Such non-Federal contributions shall not exceed $17,000,000. (2) In addition to the contribution described in paragraph (1), the Secretary of Energy, acting through the Western Area Power Administration, and the Secretary of the Interior, acting through the Bureau of Reclamation, may utilize power revenues collected pursuant to the Colorado River Storage Project Act to carry out the purposes of section 3(c) of this Act. Such funds shall be treated as reimbursable costs assigned to power for repayment under section 5 of the Colorado River Storage Project Act. This additional contribution shall not exceed $17,000,000. Such funds shall be considered a non-Federal contribution for the purposes of this Act. (3) The additional funding provided pursuant to paragraph (2) may be provided through loans from the Colorado Water Conservation Board Construction Fund (37-60-121 C.R.S.) to the Western Area Power Administration in lieu of funds which would otherwise be collected from power revenues and used for storage project repayments. The Western Area Power Administration is authorized to repay such loan or loans from power revenues collected beginning in fiscal year 2012, subject to an agreement between the Colorado Water Conservation Board, the Western Area Power Administration, and the Bureau of Reclamation. The agreement and any future loan contracts that may be entered into by the Colorado Water Conservation Board, the Western Area Power Administration, and the Bureau of Reclamation shall be negotiated in consultation with Salt Lake City Area Integrated Projects Firm Power Contractors. The agreement and loan contracts shall include provisions designed to minimize impacts on electrical power rates and shall ensure that loan repayment to the Colorado Water Conservation Board, including principal and interest, is completed no later than September 30, 2057. The Western Area Power Administration is authorized to include in power rates such sums as are necessary to carry out this paragraph and paragraph (2). (4) All contributions made pursuant to this subsection shall be in addition to the cost of replacement power purchased due to modifying the operation of the Colorado River Storage Project and the capital cost of water from Wolford Mountain Reservoir in Colorado. Such costs shall be considered as non-Federal contributions, not to exceed $20,000,000. (d) Base Funding.--(1) Beginning in the first fiscal year commencing after the date of enactment of this Act, the Secretary may utilize power revenues collected pursuant to the Colorado River Storage Project Act for the annual base funding contributions to the Recovery Implementation Programs by the Bureau of Reclamation. Such funding shall be treated as nonreimbursable and as having been repaid and returned to the general fund of the Treasury as costs assigned to power for repayment under section 5 of the Colorado River Storage Project Act. (2) For the Recovery Implementation Program for the Endangered Fish Species in the Upper Colorado River Basin, the contributions to base funding referred to in paragraph (1) shall not exceed $4,000,000 per year. For the San Juan River Recovery Implementation Program, such contributions shall not exceed $2,000,000 per year. The Secretary shall adjust such amounts for inflation in fiscal years commencing after the enactment of this Act. The utilization of power revenues for annual base funding shall cease after the fiscal year 2011, unless reauthorized by Congress; except that power revenues may continue to be utilized to fund the operation and maintenance of capital projects and monitoring. No later than the end of fiscal year 2008, the Secretary shall submit a report on the utilization of power revenues to the appropriate Committees of the United States Senate and the House of Representatives. The Secretary shall also make a recommendation in such report regarding the need for continued funding after fiscal year 2011 that may be required to fulfill the goals of the Recovery Implementation Programs. The Western Area Power Administration and the Bureau of Reclamation shall maintain sufficient revenues in the Colorado River Basin Fund to meet their obligation to provide base funding in accordance with this provision. If the Western Area Power Administration and the Bureau of Reclamation determine that the funds in the Colorado River Basin Fund will not be sufficient to meet the obligations of section 5(c)(1) of the Colorado River Storage Project Act for a 3-year period, the Western Area Power Administration and the Bureau of Reclamation shall request appropriations to meet base funding obligations. Nothing in this Act shall otherwise modify or amend existing agreements among participants regarding base funding and depletion charges for the Recovery Implementation Programs. (e) Authority To Retain Appropriated Funds.--At the end of each fiscal year any unexpended appropriated funds for capital projects under this Act shall be retained for use in future fiscal years. Unexpended funds under this Act that are carried over shall continue to be used to implement the capital projects needed for the Recovery Implementation Programs. (f) Additional Authority.--The Secretary may enter into agreements and contracts with Federal and non-Federal entities, acquire and transfer interests in land, water, and facilities, and accept or give grants in order to carry out the purposes of this Act. (g) Indian Trust Assets.--The Congress finds that much of the potential water development in the San Juan River Basin is for the benefit of Indian tribes and most of the federally designated critical habitat for the endangered fish species in the Basin is on Indian trust lands. Nothing in this Act shall be construed to restrict the Secretary, acting through the Bureau of Reclamation and the Bureau of Indian Affairs, from funding activities or capital projects in accordance with the Federal Government's Indian trust responsibility. SEC. 4. EFFECT ON RECLAMATION LAW. Construction of facilities and acquisition of land and water interests under this Act shall not render these facilities or land and water interests or associated processes and procedures subject to the Reclamation Act of 1902 and Acts supplementary thereto and amendatory thereof.

Authorizes appropriations to the Secretary of the Interior, acting through the Bureau of Reclamation, to undertake capital projects for the Recovery Implementation Program for Endangered Fish Species in the Upper Colorado River Basin and the San Juan River Basin Recovery Implementation Program. Terminates the authority of the Secretary to implement such projects for such Programs in in FY 2005 and 2007, respectively. Limits to $100 million the total costs of such projects. Authorizes: (1) the Secretary to accept contributed funds from Colorado, New Mexico, Utah, and Wyoming, or political subdivisions or organizations thereof, pursuant to agreements that provide for the contributions to be used for capital project costs;(2) the Secretary and the Secretary of Energy, acting through the Western Area Power Administration, to utilize for such projects power revenues collected pursuant to the Colorado River Storage Project Act; and (3) the Secretary to utilize such power revenues for the annual base funding contributions to the programs by the Bureau for a specified period. Requires the Secretary to report to the appropriate congressional committees on the utilization of such power revenues. Authorizes the retention of unexpended appropriated funds for projects under this Act for use in future fiscal years. States that nothing in this Act shall restrict the Secretary from funding activities or capital projects in accordance with the Federal Government's Indian trust responsibility.

15,750

SECTION 1. SHORT TITLE. This Act may be cited as the ``Internet Tax Simplification Act of 2000''. SEC. 2. AMENDMENTS. (a) Moratorium Amendment.--Section 1101(a) of title XI of division C of Public Law 105-277 (112 Stat. 2681-719; 47 U.S.C. 151 note) is amended to read as follows: ``(a) Moratoria on State and Local Taxes on the Internet.--No State or political subdivision thereof shall impose any of the following taxes: ``(1) Taxes on Internet access during the period beginning on October 1, 1998, and ending on October 1, 2006, unless such tax was generally imposed and actually enforced prior to October 1, 1998. ``(2) During the period beginning on October 1, 1998, and ending on December 31, 2003, multiple or discriminatory taxes on electronic commerce.''. (b) Streamlined Uniform Sales and Use Tax.--Title XI of division C of Public Law 105-277 (112 Stat. 2681-719; 47 U.S.C. 151 note) is amended-- (1) by redesignating section 1104 as section 1109; and (2) by inserting after section 1103 the following: ``SEC. 1104. DEVELOPMENT OF STREAMLINED UNIFORM SALES AND USE TAX ACT. ``It is the sense of the Congress that, not later than January 1, 2004, States and political subdivisions of States should work cooperatively with the National Conference of Commissioners on Uniform State Laws (in this section referred to as the `Conference') to develop and draft a Streamlined Uniform Sales and Use Tax Act that-- ``(1) is characterized by simplicity, uniformity, neutrality, efficiency, and fairness; and ``(2) includes, but is not limited to-- ``(A) a centralized, one-stop registration system; ``(B) uniform tax base definitions; ``(C) uniform and simple sourcing rules; ``(D) uniform exemption administration rules (including a database of all exempt entities and removal of the `good faith' acceptance rule); ``(E) appropriate protection of consumer privacy; ``(F) a methodology for certifying software used in the sales tax administration process for tax rate and taxability determinations; ``(G) uniform bad debt rules; ``(H) uniform tax returns and remittance forms; ``(I) consistent electronic filing and remittance methods; ``(J) State administration of all State and local use taxes on sales by sellers that are not physically present in a State, to purchasers that are physically present in such State, with distribution of revenues to political subdivisions of such State according to precedent and applicable State law; ``(K) uniform audit procedures; ``(L) reasonable compensation for such sellers that reflects the complexity of the tax structure of such State (including the tax structures of political subdivisions of such State); and ``(M) an appropriate sales volume threshold below which such sellers that are small businesses would not be required to collect use taxes payable on sales to purchasers that are physically present in such State. ``SEC. 1105. INTERSTATE SALES AND USE TAX COMPACT. ``(a) Authorization and Consent.--States are authorized to enter into an Interstate Sales and Use Tax Compact, and Congress hereby consents to such a compact. The Compact shall provide that member States agree to adopt a uniform, streamlined uniform sales and use tax system consistent with section 1104(a). ``(b) Expiration.--The authorization and consent in subsection (a) shall automatically expire if the Compact has not been formed before January 1, 2004. ``(c) Compliance.--The streamlined uniform sales and use tax system prescribed by the Compact as provided in subsection (a) shall be evaluated against the requirements of section 1104(a) in a report submitted to Congress in a timely fashion by the Secretary of the Treasury who shall certify whether such a system has met the requirements in section 1104(a). ``SEC. 1106. AUTHORIZATION TO SIMPLIFY STATE USE TAX RATES. ``Notwithstanding any other provision of law, any State levying a sales tax is authorized to administer a single uniform statewide use tax rate relating to all remote sales (as defined in section 1107 of this title) on which it assesses a use tax, provided that for each calendar year in which such statewide rate is applicable, if such rate had been assessed during the second calendar year prior to such year on all such sales on which a sales tax was assessed by such State or its local jurisdictions, the total taxes assessed on such sales would not have exceeded the total taxes actually assessed on such sales during such year. A State may use a blended rate that reflects the weighted average of State and local taxes across such State. ``SEC. 1107. AUTHORIZATION TO REQUIRE COLLECTION OF USE TAXES. ``(a) Grant of Authority.--(1) A State that has adopted the streamlined uniform system prescribed by the Compact referred to in section 1105 of this title is authorized to begin collecting use taxes on remote sales by January 1, 2004, or by the date of adoption of the Compact, whichever is earlier. ``(2) Paragraph (1) shall not apply to a State that does not choose to simplify its tax collection system. ``(3) A State that neither simplifies its sales and use tax system nor meets the criteria spectified in section 1104, by December 31, 2001, may adopt the streamlined uniform system prescribed by the Compact and begin collecting use taxes on remote sales with any succeeding calendar year by meeting such criteria. ``(b) No Effect on Nexus.--No obligation imposed by virtue of authority granted in subsection (a) shall be considered in determining whether a seller has a nexus with any State for any tax purpose. ``(c) Definition of Remote Sale.--For purposes of this section, the term `remote sale' means a sale by a seller that is not physically present in a State, to a purchaser that is physically present in such State. ``SEC. 1108. LIMITATIONS. ``Nothing in this Act shall be construed as subjecting sellers to sales taxes, franchise taxes, income taxes, or licensing requirements of a State or political subdivision thereof, nor shall anything in this Act be construed as affecting the application of such taxes or requirements or enlarging or reducing the authority of any State or political subdivision to impose such taxes or requirements.''. SEC. 3. SENSE OF THE CONGRESS REGARDING STATE AND LOCAL TELECOMMUNICATIONS TAXES. It is the sense of the Congress that States and political subdivisions of States should continue to work cooperatively with the telecommunications industry and other relevant groups-- (1) to dramatically reduce the complexity and cost of complying with State and local telecommunications taxes; (2) to create more uniform telecommunication State tax laws that include the adoption of common definitions and sourcing rules; and (3) to address taxes that appear to be discriminatory toward the telecommunications industry. SEC. 4. CONFORMING AMENDMENTS. (a) Cross Reference in the Trade Act of 1974.--Section 181(d) of the Trade Act of 1974 (19 U.S.C. 2241(d)) is amended by striking ``section 1104(3)'' and inserting ``1109(3)''. (b) Other Cross Reference.--Section 1203(c) of division C of Public Law 105-277 (112 Stat. 2681-727; 19 U.S.C. 2241 note) by striking ``section 1104(3)'' and inserting ``1109(3)''.

Expresses the sense of Congress that States and local entities should work with the National Conference of Commissioners on Uniform State Laws to develop a Streamlined Uniform Sales and Use Tax Act. Authorizes, and grants congressional consent for, States to enter into an Interstate Sales and Use Tax Compact. Stipulates that such authorization and consent shall terminate if the Compact has not been formed by a certain date. Authorizes States to administer a single uniform statewide use tax rate for all remote sales under specified circumstances. Expresses the sense of Congress that States and local entities should continue to work with the telecommunications industry to simplify and unify telecommunications taxes. Makes a conforming amendment to the Trade Act of 1974 and other Federal law.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Families and Small Business Energy Tax Relief Act of 2008''. SEC. 2. TEMPORARY REFUNDABLE CREDIT AGAINST INCOME TAX FOR NATURAL GAS, HEATING OIL, AND PROPANE COSTS OF INDIVIDUALS. (a) In General.--Subchapter B of chapter 65 of the Internal Revenue Code of 1986 (relating to rules of special application) is amended by adding at the end the following new section: ``SEC. 6431. TEMPORARY REFUNDABLE CREDIT AGAINST INCOME TAX FOR NATURAL GAS, HEATING OIL, AND PROPANE COSTS OF INDIVIDUALS. ``(a) General Rule.--In the case of an individual, there shall be allowed as a credit against the tax imposed by subtitle A for the taxable year an amount equal to the lesser of-- ``(1) 50 percent of the amount of the taxpayer's residential energy costs for such taxable year, or ``(2) $750 ($1,500 in the case of a joint return). ``(b) Income Limitation.-- ``(1) In general.--The amount allowable as a credit under subsection (a) for any taxable year (without regard to this subsection) shall be reduced (but not below zero) by an amount which bears the same ratio to the amount so allowable as-- ``(A) the excess (if any) of the taxpayer's adjusted gross income over $75,000 ($150,000 in the case of a joint return), bears to ``(B) $10,000 ($20,000 in the case of a joint return). ``(2) Determination of adjusted gross income.--For purposes of paragraph (1), adjusted gross income shall be determined without regard to sections 911, 931, and 933. ``(c) Definitions and Special Rules.--For purposes of this section-- ``(1) Residential energy costs.--The term `residential energy costs' means the amount paid or incurred by the taxpayer during the taxable year-- ``(A) to any utility for natural gas used in the principal residence of the taxpayer during the heating season, and ``(B) for heating oil or propane for use in the principal residence of the taxpayer. ``(2) Principal residence.--The term `principal residence' has the meaning given to such term by section 121. ``(3) Heating season.--The term `heating season' means September, October, November, December, January, February, and March. ``(4) Special rules.--This section shall not apply to fuel used in-- ``(A) any residence located outside the United States, or ``(B) any residence which is not the taxpayer's principal place of abode throughout the heating season. ``(d) Other Special Rules.-- ``(1) Individuals paying on level payment basis.--Amounts paid for natural gas under a level payment plan for any period shall be treated as paid for natural gas used during the portion (if any) of the heating season during such period to the extent of the amount charged for natural gas used during such portion of the heating season. ``(2) Homeowners associations, etc.--This section shall apply to homeowners associations (as defined in section 528(c)(1)), members of such associations, and tenant- stockholders in cooperative housing corporations (as defined in section 216) under regulations prescribed by the Secretary. ``(3) Treatment as refundable credit.--For purposes of this title, the credit allowed by this section shall be treated as a credit allowed under subpart C of part IV of subchapter A of chapter 1 (relating to refundable credits). ``(e) Application of Section.--This section shall apply to amounts paid or incurred during 2008 or 2009.''. (b) Conforming Amendments.-- (1) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by striking ``or 6428 or'' and inserting ``, 6428, 6431, or''. (2) The table of sections for subchapter B of chapter 65 of such Code is amended by adding at the end the following new item: ``Sec. 6431. Temporary refundable credit against income tax for natural gas, heating oil, and propane costs of individuals.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years ending after December 31, 2007. SEC. 3. TEMPORARY CREDIT AGAINST INCOME TAX FOR SMALL BUSINESSES, FARMERS, AND FISHERMEN TO OFFSET HIGH FUEL COSTS. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business-related credits) is amended by inserting after section 45P the following new section: ``SEC. 45Q. TEMPORARY CREDIT FOR SMALL BUSINESSES, FARMERS, AND FISHERMEN TO OFFSET HIGH FUEL COSTS. ``(a) Allowance of Credit.--For purposes of section 38, the fuel cost credit determined under this section is an amount equal to 15 percent of the amount paid or incurred by the taxpayer during the taxable year for any creditable fuel used in any trade or business of the taxpayer if-- ``(1) such trade or business is-- ``(A) a farming business (as defined by section 263A(e)(4)), or ``(B) commercial fishing (as defined in section 3 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1802)), or ``(2) such taxpayer is a small business. ``(b) Small Business.--For purposes of this section, the term `small business' means a corporation or partnership which meets the gross receipts test of section 448(c) for the taxable year (or, in the case of a sole proprietorship, which would meet such test if such proprietorship were a corporation), except that such section shall be applied by substituting `$20,000,000' for `$5,000,000' in each place it appears. ``(c) Creditable Fuel.--The term `creditable fuel' means-- ``(1) gasoline, ``(2) diesel fuel, ``(3) heating oil, ``(4) propane, and ``(5) natural gas. ``(d) Application of Section.--This section shall apply to amounts paid or incurred during 2008 or 2009.''. (b) Conforming Amendments.-- (1) Section 38(b) of such Code is amended by striking ``plus'' at the end of paragraph (32), by striking the period at the end of paragraph (33) and inserting ``, plus'', and by adding at the end the following: ``(34) the fuel cost credit determined under section 45Q(a).''. (2) The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 45P the following new item: ``Sec. 45Q. Temporary credit for small businesses, farmers, and fishermen to offset high fuel costs.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years ending after December 31, 2007. SEC. 4. MODIFICATIONS OF CREDIT FOR NONBUSINESS ENERGY PROPERTY. (a) Credit Made Permanent.--Section 25C of the Internal Revenue Code of 1986 (relating to nonbusiness energy property) is amended by striking subsection (g). (b) Increased Credit for Qualified Oil Furnaces; Increase in Lifetime Limitation.-- (1) Qualified oil furnaces.--Paragraph (3) of section 25C(b) of such Code is amended by redesignating subparagraph (C) as subparagraph (D) and by striking subparagraph (B) and inserting the following new subparagraphs: ``(B) $150 for any qualified natural gas or propane furnace or hot water boiler, ``(C) $1,500 for any qualified oil furnace, and''. (2) Lifetime limitation.--Paragraph (1) of section 25C(b) of such Code is amended by striking ``$500'' and inserting ``$4,000''. (c) Increased Credit for Energy-Efficient Building Property.-- Subparagraph (D) of section 25C(b)(3) of such Code, as redesigned by subsection (b), is amended by striking ``$300'' and inserting ``$500''. (d) Increased in Credit Percentage for Building Envelope Components.--Paragraph (1) of section 25C(a) of such Code is amended by striking ``10 percent'' and inserting ``25 percent''. (e) Effective Date.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall apply to property placed in service after the date of the enactment of this Act. (2) Subsection (a).--The amendment made by subsection (a) shall apply to property placed in service after December 31, 2007. SEC. 5. OUTREACH AND WEATHERIZATION ASSISTANCE. Section 2605 of the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8624) is amended by adding at the end the following new subsection: ``(m)(1) There are authorized to be appropriated to the Secretary, in addition to amounts authorized under section 2602, for each fiscal year-- ``(A) $204,000,000 for outreach activities described in subsection (b)(3); and ``(B) $766,000,000 for weatherization and repair activities described in subsection (k). ``(2) In any fiscal year for which amounts are appropriated pursuant to this subsection, no amounts appropriated for carrying out this title other than such amounts appropriated pursuant to this subsection may be used for the activities described in paragraph (1)(A) and (B).''.

Families and Small Business Energy Tax Relief Act of 2008 - Amends the Internal Revenue Code to allow an individual taxpayer an income-based refundable tax credit for the lesser of 50% of such taxpayer's residential energy costs for a taxable year or $750 ($1,500 for married taxpayers filing jointly). Defines "residential energy costs" as amounts paid in 2008 or 2009: (1) to any utility for natural gas used in the taxpayer's principal residence during the heating season (September through March); and (2) for heating oil or propane. Allows a certain small farming or commercial fishing businesses (gross receipts of not more than $20 million) a tax credit for up to 15% of amounts paid in 2008 or 2009 for gasoline, diesel fuel, heating oil, propane, and natural gas. Increases and makes permanent the tax credit for nonbusiness energy property expenditures. Amends the Low-Income Home Energy Assistance Act of 1981 to authorize additional appropriations for outreach activities to inform eligible households of available energy-related assistance and for residential weatherization and repair activities for low-income households.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Professional Boxing Safety Act of 1996''. SEC. 2. DEFINITIONS. For purposes of this Act: (1) Boxer.--The term ``boxer'' means an individual who fights in a professional boxing match. (2) Boxing commission.--(A) The term ``boxing commission'' means an entity authorized under State law to regulate professional boxing matches. (3) Boxer registry.--The term ``boxer registry'' means any entity certified by the Association of Boxing Commissions for the purposes of maintaining records and identification of boxers. (4) Licensee.--The term ``licensee'' means an individual who serves as a trainer, second, or cut man for a boxer. (5) Manager.--The term ``manager'' means a person who receives compensation for service as an agent or representative of a boxer. (6) Matchmaker.--The term ``matchmaker'' means a person that proposes, selects, and arranges the boxers to participate in a professional boxing match. (7) Physician.--The term ``physician'' means a doctor of medicine legally authorized to practice medicine by the State in which the physician performs such function or action. (8) Professional boxing match.--The term ``professional boxing match'' means a boxing contest held in the United States between individuals for financial compensation. Such term does not include a boxing contest that is regulated by an amateur sports organization. (9) Promoter.--The term ``promoter'' means the person primarily responsible for organizing, promoting, and producing a professional boxing match. (10) State.--The term ``State'' means each of the 50 States, Puerto Rico, the District of Columbia, and any territory or possession of the United States. SEC. 3. PURPOSES. The purposes of this Act are-- (1) to improve and expand the system of safety precautions that protects the welfare of professional boxers; and (2) to assist State boxing commissions to provide proper oversight for the professional boxing industry in the United States. SEC. 4. BOXING MATCHES IN STATES WITHOUT BOXING COMMISSIONS. No person may arrange, promote, organize, produce, or fight in a professional boxing match held in a State that does not have a boxing commission unless the match is supervised by a boxing commission from another State and subject to the most recent version of the recommended regulatory guidelines certified and published by the Association of Boxing Commissions as well as any additional relevant professional boxing regulations and requirements of such other State. SEC. 5. SAFETY STANDARDS. No person may arrange, promote, organize, produce, or fight in a professional boxing match without meeting each of the following requirements or an alternative requirement in effect under regulations of a boxing commission that provides equivalent protection of the health and safety of boxers: (1) A physical examination of each boxer by a physician certifying whether or not the boxer is physically fit to safely compete, copies of which must be provided to the boxing commission. (2) Except as otherwise expressly provided under regulation of a boxing commission promulgated subsequent to the enactment of this Act, an ambulance or medical personnel with appropriate resuscitation equipment continuously present on site. (3) A physician continuously present at ringside. (4) Health insurance for each boxer to provide medical coverage for any injuries sustained in the match. SEC. 6. REGISTRATION. (a) Requirements.--Each boxer shall register with-- (1) the boxing commission of the State in which such boxer resides; or (2) in the case of a boxer who is a resident of a foreign country, or a State in which there is no boxing commission, the boxing commission of any State that has such a commission. (b) Identification Card.-- (1) Issuance.--A boxing commission shall issue to each professional boxer who registers in accordance with subsection (a), an identification card that contains each of the following: (A) A recent photograph of the boxer. (B) The social security number of the boxer (or, in the case of a foreign boxer, any similar citizen identification number or professional boxer number from the country of residence of the boxer). (C) A personal identification number assigned to the boxer by a boxing registry. (2) Renewal.--Each professional boxer shall renew his or her identification card at least once every 2 years. (3) Presentation.--Each professional boxer shall present his or her identification card to the appropriate boxing commission not later than the time of the weigh-in for a professional boxing match. SEC. 7. REVIEW. (a) Procedures.--Each boxing commission shall establish each of the following procedures: (1) Procedures to evaluate the professional records and physician's certification of each boxer participating in a professional boxing match in the State, and to deny authorization for a boxer to fight where appropriate. (2) Procedures to ensure that, except as provided in subsection (b), no boxer is permitted to box while under suspension from any boxing commission due to-- (A) a recent knockout or series of consecutive losses; (B) an injury, requirement for a medical procedure, or physician denial of certification; (C) failure of a drug test; or (D) the use of false aliases, or falsifying, or attempting to falsify, official identification cards or documents. (3) Procedures to review a suspension where appealed by a boxer, including an opportunity for a boxer to present contradictory evidence. (4) Procedures to revoke a suspension where a boxer-- (A) was suspended under subparagraph (A) or (B) of paragraph (2) of this subsection, and has furnished further proof of a sufficiently improved medical or physical condition; or (B) furnishes proof under subparagraph (C) or (D) of paragraph (2) that a suspension was not, or is no longer, merited by the facts. (b) Suspension in Another State.--A boxing commission may allow a boxer who is under suspension in any State to participate in a professional boxing match-- (1) for any reason other than those listed in subsection (a) if such commission notifies in writing and consults with the designated official of the suspending State's boxing commission prior to the grant of approval for such individual to participate in that professional boxing match; or (2) if the boxer appeals to the Association of Boxing Commissions, and the Association of Boxing Commissions determines that the suspension of such boxer was without sufficient grounds, for an improper purpose, or not related to the health and safety of the boxer or the purposes of this Act. SEC. 8. REPORTING. Not later than 48 business hours after the conclusion of a professional boxing match, the supervising boxing commission shall report the results of such boxing match and any related suspensions to each boxer registry. SEC. 9. CONFLICTS OF INTEREST. No member or employee of a boxing commission, no person who administers or enforces State boxing laws, and no member of the Association of Boxing Commissions may belong to, contract with, or receive any compensation from, any person who sanctions, arranges, or promotes professional boxing matches or who otherwise has a financial interest in an active boxer currently registered with a boxer registry. For purposes of this section, the term ``compensation'' does not include funds held in escrow for payment to another person in connection with a professional boxing match. The prohibition set forth in this section shall not apply to any contract entered into, or any reasonable compensation received, by a boxing commission to supervise a professional boxing match in another State as described in section 4. SEC. 10. ENFORCEMENT. (a) Injunctions.--Whenever the Attorney General of the United States has reasonable cause to believe that a person is engaged in a violation of this Act, the Attorney General may bring a civil action in the appropriate district court of the United States requesting such relief, including a permanent or temporary injunction, restraining order, or other order, against the person, as the Attorney General determines to be necessary to restrain the person from continuing to engage in, sanction, promote, or otherwise participate in a professional boxing match in violation of this Act. (b) Criminal Penalties.-- (1) Managers, promoters, matchmakers, and licensees.--Any manager, promoter, matchmaker, and licensee who knowingly violates, or coerces or causes any other person to violate, any provision of this Act shall, upon conviction, be imprisoned for not more than 1 year or fined not more than $20,000, or both. (2) Conflict of interest.--Any member or employee of a boxing commission, any person who administers or enforces State boxing laws, and any member of the Association of Boxing Commissions who knowingly violates section 9 of this Act shall, upon conviction, be imprisoned for not more than 1 year or fined not more than $20,000, or both. (3) Boxers.--Any boxer who knowingly violates any provision of this Act shall, upon conviction, be fined not more than $1,000. SEC. 11. NOTIFICATION OF SUPERVISING BOXING COMMISSION. Each promoter who intends to hold a professional boxing match in a State that does not have a boxing commission shall, not later than 14 days before the intended date of that match, provide written notification to the supervising boxing commission designated under section 4. Such notification shall contain each of the following: (1) Assurances that, with respect to that professional boxing match, all applicable requirements of this Act will be met. (2) The name of any person who, at the time of the submission of the notification-- (A) is under suspension from a boxing commission; and (B) will be involved in organizing or participating in the event. (3) For any individual listed under paragraph (2), the identity of the boxing commission that issued the suspension described in paragraph (2)(A). SEC. 12. STUDIES. (a) Pension.--The Secretary of Labor shall conduct a study on the feasibility and cost of a national pension system for boxers, including potential funding sources. (b) Health, Safety and Equipment.--The Secretary of Health and Human Services shall conduct a study to develop recommendations for health, safety, and equipment standards for boxers and for professional boxing matches. (c) Reports.--Not later than one year after the date of enactment of this Act, the Secretary of Labor shall submit a report to the Congress on the findings of the study conducted pursuant to subsection (a). Not later than 180 days after the date of enactment of this Act, the Secretary of Health and Human Services shall submit a report to the Congress on the findings of the study conducted pursuant to subsection (b). SEC. 13. PROFESSIONAL BOXING MATCHES CONDUCTED ON INDIAN RESERVATIONS. (a) Definitions.--For purposes of this section, the following definitions shall apply: (1) Indian tribe.--The term ``Indian tribe'' has the same meaning as in section 4(e) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b(e)). (2) Reservation.--The term ``reservation'' means the geographically defined area over which a tribal organization exercises governmental jurisdiction. (3) Tribal organization.--The term ``tribal organization'' has the same meaning as in section 4(l) of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 450b(l)). (b) Requirements.-- (1) In general.--Notwithstanding any other provision of law, a tribal organization of an Indian tribe may, upon the initiative of the tribal organization-- (A) regulate professional boxing matches held within the reservation under the jurisdiction of that tribal organization; and (B) carry out that regulation or enter into a contract with a boxing commission to carry out that regulation. (2) Standards and licensing.--If a tribal organization regulates professional boxing matches pursuant to paragraph (1), the tribal organization shall, by tribal ordinance or resolution, establish and provide for the implementation of health and safety standards, licensing requirements, and other requirements relating to the conduct of professional boxing matches that are at least as restrictive as-- (A) the otherwise applicable standards and requirements of a State in which the reservation is located; or (B) the most recently published version of the recommended regulatory guidelines certified and published by the Association of Boxing Commissions. SEC. 14. RELATIONSHIP WITH STATE LAW. Nothing in this Act shall prohibit a State from adopting or enforcing supplemental or more stringent laws or regulations not inconsistent with this Act, or criminal, civil, or administrative fines for violations of such laws or regulations. SEC. 15. EFFECTIVE DATE. The provisions of this Act shall take effect on January 1, 1997, except as follows: (1) Section 9 shall not apply to an otherwise authorized boxing commission in the Commonwealth of Virginia until July 1, 1998. (2) Sections 5 through 9 shall take effect on July 1, 1997. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Professional Boxing Safety Act of 1996 - Prohibits any person from arranging, promoting, organizing, producing, or fighting in a professional boxing match held in a State that has no boxing commission unless the match is: (1) supervised by a commission from another State; and (2) subject to the most recent Association of Boxing Commissions (ABC) guidelines, as well as any additional relevant professional regulations and requirements of such other State. Requires, for any professional boxing match: (1) a physical examination of each boxer to determine fitness to compete; (2) the presence of an ambulance or medical personnel and a physician on site; and (3) health insurance coverage for each boxer. (Sec. 6) Requires each professional boxer to register with the commission of the State in which such boxer resides or, in the case of a boxer who is a resident of a foreign country or a State in which there is no such commission, the commission of any other State. Directs a commission to issue to each registering boxer an identification card that contains a recent photograph, a social security or similar identification number, and a personal identification number assigned by a boxing registry. (Sec. 7) Directs each commission to establish procedures to: (1) evaluate the professional records and physician's certification of each boxer participating in a match in the State and to deny fight authorization where appropriate; (2) ensure that no boxer is permitted to box while under suspension from any commission due to a recent knockout or series of consecutive losses, an injury, a required medical procedure, a physician denial of certification, failure of a drug test, or use of false aliases, identification cards, or documents; (3) review a suspension when appealed by a boxer; and (4) revoke a suspension where appropriate proof is presented that a suspension was not, or is no longer, merited by the facts. Authorizes a commission to allow a boxer who is under suspension in any State to participate in a boxing match: (1) for any reason other than those listed above if such commission notifies the suspending commission in writing prior to its approval; or (2) if the boxer appeals to the ABC and the ABC determines that the suspension was without sufficient grounds, for an improper purpose, or not related to the boxer's health or safety or the purposes of this Act. (Sec. 8) Requires the supervising commission, within 48 business hours after the conclusion of a fight, to report fight results and any related suspensions to each boxer registry. (Sec. 9) Outlines conflict-of-interest requirements for commission members or employees, persons who administer or enforce State boxing laws, and members of the ABC. (Sec. 10) Authorizes the Attorney General to bring a civil action against persons in violation of this Act for appropriate relief, including match injunctions. Prescribes criminal penalties for violations of this Act. (Sec. 11) Requires each promoter who intends to hold a match in a State that does not have a boxing commission, at least 14 days before such fight, to provide written notification to the supervising boxing authority containing: (1) assurances that the requirements of this Act will be met; and (2) the identity of any participating fighter who is under suspension from a boxing commission and the identity of such commission. (Sec. 12) Requires a study by: (1) the Secretary of Labor on the feasibility and cost of a national pension system for boxers; and (2) the Secretary of Health and Human Services to develop recommendations for health, safety, and equipment standards for boxers and matches. (Sec. 13) Authorizes an Indian tribal organization to regulate, or enter into a contract for a boxing commission to regulate, matches held on a reservation. Requires a tribal organization that regulates its own matches to establish and implement health and safety standards, licensing, and related requirements that are at least as restrictive as: (1) the standards of the State in which the reservation is located; or (2) the most recent ABC guidelines.

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SECTION 1. MEDICAID COVERAGE FOR PATIENT NAVIGATOR SERVICES. (a) State Plan Requirement.--Section 1902(a) of the Social Security Act (42 U.S.C. 1396a(a)) is amended-- (1) in paragraph (82)(C), by striking ``and'' at the end; (2) in paragraph (83), by striking the period at the end and inserting ``; and''; and (3) by inserting after paragraph (83) the following: ``(84) provide that the State shall reimburse an eligible entity (as such term is defined in subsection (ll)(1)) for any patient navigator service (as such term is defined in subsection (ll)(3)) that is-- ``(A) provided to an individual who is eligible for medical assistance under the State plan; and ``(B) provided by a patient navigator (as such term is defined in subsection (ll)(2)) through the eligible entity.''. (b) Patient Navigator Services Definitions.--Section 1902 of the Social Security Act is amended by adding at the end the following: ``(ll) Patient Navigator Services Definitions.--For purposes of subsection (a)(84): ``(1) Eligible entity.--The term `eligible entity' means an entity that-- ``(A) is an eligible entity (as such term is defined in section 340A(l)(1) of the Public Health Service Act); and ``(B) complies with the following requirements of section 340A of the Public Health Service Act: ``(i) Subsection (b) (relating to patient navigator duties and community knowledge). ``(ii) Subsection (c) (relating to prohibitions). ``(iii) Subsection (e) (relating to applications). ``(iv) Subsection (j)(3) (relating to reports). ``(2) Patient navigator.-- ``(A) In general.--The term `patient navigator' has the meaning given such term in section 340A(l)(3) of the Public Health Service Act. ``(B) Consultation.-- ``(i) In general.--The Secretary shall consult with the patient navigation advisory committee to the extent necessary to further clarify the definition of the term `patient navigator' for purposes of subsection (a)(84), including establishing requirements to ensure adequate training for such navigators, such as developing a training curriculum. ``(ii) Membership.--The Secretary shall convene a patient navigation advisory committee and the members of such committee shall include-- ``(I) representatives from relevant Federal departments and agencies, including the National Institutes of Health, the Centers for Disease Control and Prevention, the Health Resources and Services Administration, and the Centers for Medicare & Medicaid Services; and ``(II) individuals and representatives of public and private organizations with expertise in patient navigation. ``(3) Patient navigator services.--The term `patient navigator service' means a service that is a duty specified under paragraphs (1) through (6) of subsection (b) of section 340A of the Public Health Service Act and that is provided by a patient navigator (as defined in section 340A(l)(3) of the Public Health Service Act), through an eligible entity.''. (c) Treatment as Medical Assistance for Purposes of FMAP.--Section 1905(a) of the Social Security Act (42 U.S.C. 1396d(a)) is amended-- (1) in paragraph (28), by striking ``and'' at the end; (2) by redesignating paragraph (29) as paragraph (30); and (3) by inserting after paragraph (28) the following: ``(29) patient navigator services (as such term is defined in section 1902(ll)(3)) that are provided in a manner that meets the requirements of section 1902(a)(84); and''. (d) Effective Date.-- (1) In general.--Subject to paragraph (2), the amendments made this section shall apply to patient navigator services provided after the first day of the first calendar year that begins after the date of enactment of this Act. (2) Exception for state legislation.--In the case of a State plan under title XIX of the Social Security Act, which the Secretary of Health and Human Services determines requires State legislation in order for the respective plan to meet any requirement imposed by amendments made by this Act, the respective plan shall not be regarded as failing to comply with the requirements of such title solely on the basis of its failure to meet such an additional requirement before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of enactment of this Act. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of the session shall be considered to be a separate regular session of the State legislature.

Amends title XIX (Medicaid) of the Social Security Act to require a state Medicaid plan to provide for state reimbursement of an eligible entity for any patient navigator service provided to a Medicaid-eligible individual. Includes within the definition of "medical assistance" certain patient navigator services defined under the Public Health Service Act (PHSA) as assisting in specified ways individuals who are at risk for or who have cancer or other chronic diseases. Treats as eligible entities those identified under PHSA as public or nonprofit private health centers (including federally qualified health centers), health facilities operated by or pursuant to a contract with the Indian Health Service, hospitals, cancer centers, rural health clinics, academic health centers, or nonprofit entities that enter into a partnership or coordinate referrals with such a center, clinic, facility, or hospital to provide patient navigator services.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Free Market Prison Industries Reform Act of 1998''. SEC. 2. GENERAL PROVISIONS RELATING TO STRUCTURE AND FUNCTION OF FEDERAL PRISON INDUSTRIES. Title 18, United States Code, is amended by striking sections 4121 through 4122 and inserting the following: ``Sec. 4121. Definitions ``In this section-- ``(1) the term `industry' means an endeavor that utilizes incarcerated persons to produce one or more goods or provide one or more services, or both; ``(2) the term `product' includes services; ``(3) the term `prisoner contributions' means an amount which shall be used for-- ``(A) payment of fines and restitution owed by the prisoner pursuant to court order; ``(B) reasonable charges for room and board, as determined under rules made by the Attorney General; ``(C) allocations for support of the inmate's family pursuant to statute, court order, or agreement by the inmate; and ``(D) contributions, of not less than 5 percent but not more than 20 percent of the fee paid on account of the inmate, to any fund established by law to compensate the victims of crime; ``(4) the term `assembled good' means a good which is the result of the assembly of fabricated goods, as such terms are defined in 19 CFR 10.11 et seq.; and ``(5) the term `foreign-made good' means a good that the Director of Bureau of Labor Statistics determines is a product of which 95% or more of the amount sold in the United States is fabricated in a foreign place. ``Sec. 4122. Administration of Federal Prison Industries ``(a)(1) Federal Prison Industries is established as a Government corporation of the District of Columbia. ``(2) Federal Prison Industries shall be administered by a board of 7 directors appointed by the President to serve at the will of the President without compensation. The President, in appointing such directors, shall consider for appointment a person recommended by each of the following: ``(A) The Speaker of the House of Representatives. ``(B) The minority leader of the House of Representatives. ``(C) The majority leader of the Senate. ``(D) The minority leader of the Senate. ``(b) Federal Prison Industries shall provide industries operated as a Limited Sales Project, Private Sector Project, or a Prison Industry Enhancement Project. The goal of such industries shall be to generate the greatest amount of prisoner contributions as is reasonably possible and provide employment for the greatest number as is reasonably possible of those inmates who are eligible to work who are-- ``(1) in the custody of the Bureau of Prisons; ``(2) convicted by general courts martial and confined in any institution within the jurisdiction of any department or agency comprising the Department of Defense, to the extent and under terms and conditions agreed upon by the Secretary of Defense, the Attorney General, and Federal Prison Industries; or ``(3) confined in any penal or correctional institution of the District of Columbia to the extent and under terms and conditions agreed upon by the District of Columbia Department of Corrections, the Attorney General, and Federal Prison Industries. ``(c) Federal Prison Industries shall so conduct its operations so that it realizes annual positive net revenues. ``(d) Federal Prison Industries shall avoid capturing more than a reasonable share of the market among Federal departments, agencies, and institutions for any specific product of a Limited Sales Project. ``(e)(1) Any department or agency of the Department of Defense may, without exchange of funds, transfer to Federal Prison Industries any property or equipment suitable for use in performing the functions and duties covered by agreement entered into under subsection (b)(2). ``(2) The Department of Corrections of the District of Columbia may, without exchange of funds, transfer to the Federal Prison Industries any property or equipment suitable for use in performing the functions and duties covered by an agreement entered into under subsection (b)(3). ``(f) Nothing in this chapter shall prohibit any industry from offering for sale on the open market-- ``(1) assembled goods; or ``(2) foreign-made goods.''. ``(g) Federal Prison Industries is not required to comply with the Competition in Contracting Act of 1984 or with the Federal Acquisition Regulations. ``(h) Federal Prison Industries may provide vocational training for qualified inmates without regard to their Federal Prison Industries work or other assignments.''. SEC. 3. EXISTING INDUSTRIES. Chapter 307 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 4130. Limited Sales Projects ``(a) Any industry not operated as a Private Sector Project or a Prison Industry Enhancement Project shall be operated as a Limited Sales Project. ``(b) An industry operated as a Limited Sales Project shall-- ``(A) sell its products only to-- ``(i) the Federal Government; ``(ii) State and local governmental entities; or ``(iii) outside the United States; ``(B) be operated directly by Federal Prison Industries; and ``(C) be located in a facility provided by the Bureau of Prisons. SEC. 4. NEW INDUSTRIES. (a) In General.--Chapter 307 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 4131. Private Sector Projects ``(a) Except as provided in subsection (g), each industry located at a facility activated by the Attorney General on or after the date which is one year after the date of the enactment of the Prison Industries Reform Act of 1998 shall be operated as a Private Sector Project. Each industry located at a facility that was activated before that date may be operated as a Private Sector Project. ``(b) An industry operated as a Private Sector Project shall-- ``(1) sell its products generally on the open market; ``(2) be operated by a private person under a contract with Federal Prison Industries for the use of prison labor; and ``(3) be located in a facility operated by the Bureau of Prisons or a private person under a contract with the Attorney General, or elsewhere as may be determined by the Attorney General. ``(c) Except as otherwise provided in this section, Federal Prison Industries shall enter into a contract with a private person to operate the Private Sector Project on terms beneficial to the mission of Federal Prison Industries. The contract shall include a provision for payment of a fee for the use of the services of the inmates working in that Project. ``(d) Before entering into a contract with a private person under subsection (c), Federal Prison Industries shall prepare and make public a notice soliciting private persons to submit bids for the contract. Federal Prison Industries shall submit that notice to the committees on the judiciary of the House of Representatives and the Senate on or before the date such notice is made public. ``(e) When reviewing bids submitted by a private person to operate and manage a Private Sector Project, Federal Prison Industries shall give preferences to private persons who propose to use the Private Sector Project for operations that otherwise would be located in a foreign place, unless Federal Prison Industries determines that other bids are of greater benefit to the mission of Federal Prison Industries. ``(f) The Attorney General may determine the portion of any compensation paid by the private person pursuant to a contract under subsection (c) that will be distributed as wages to inmates who work in the industry. The remainder of such compensation shall be retained by Federal Prison Industries and distributed as prisoner contributions in accordance with section 4133. ``(g) If Federal Prison Industries is unable to enter into a contract with a private person with respect to a Private Sector Project within 18 months after the latter of the date on which notice is given pursuant to subsection (d) or on which the Attorney General activates the facility at which the industry is to be located, Federal Prison Industries may operate that industry as a Prison Industry Enhancement Project. ``Sec. 4132. Prison Industry Enhancement Projects ``(a) Each industry that is in operation on the day which is one year after the date of the enactment of the Prison Industries Reform Act of 1998 and located at a facility activated before such day may be operated as a Prison Industry Enhancement Project. Any industry described in section 4131(g) and which Federal Prison Industries determines will not be operated as a Private Sector Project shall be operated as a Prison Industry Enhancement Project. ``(b) An industry operated as a Prison Industry Enhancement Project' shall-- ``(1) sell its products generally on the open market; ``(2) be operated by Federal Prison Industries; and ``(3) be located in a facility operated by the Bureau of Prisons or a private person under a contract with the Attorney General. ``(c) The Attorney General may determine the portion of the net revenues of the Prison Enhancement Project to be distributed as wages to inmates who work in the industry. The remainder of such revenue shall be retained by Federal Prison Industries and distributed as prisoner contributions in accordance with section 4133. ``(d) Not later than 2 years after the date of the enactment of the Prison Industries Reform Act of 1998, Federal Prison Industries shall operate not less than 5 industries existing on such date as Private Sector Projects or Prison Industry Enhancement Projects. Not later than 3 years after such date, Federal Prison Industries shall operate not less than 20 such industries as Private Sector Projects or Prison Industry Enhancement Projects.''. (b) Elimination of Old Provision Respecting New Industries.--Title 18, United States Code, is amended by striking section 4123. SEC. 5. CONFORMING AMENDMENTS. (a) Mandatory Source Requirement.--Section 4124 of title 18, United States Code, is amended-- (1) in subsection (a)-- (A) by striking ``The'' and inserting ``Except as otherwise provided by law, the''; (B) by inserting ``(in each of the executive, legislative, and judicial branches)'' after ``United States''; and (C) by striking ``the industries'' and inserting ``Limited Sales Projects''; (2) in subsection (d), by striking ``products and services'' and inserting ``products of Limited Sales Projects''; and (3) by adding at the end the following: ``(e)(1) Subsection (a) does not require the purchase by Federal entities of any assembled goods. ``(2) Subsection (a) does not require the purchase by Federal entities of any foreign-made goods. ''. (b) Prison Industries Fund.--Section 4126(c) of title 18, United States Code, is amended-- (1) by inserting ``(in an amount not greater than that provided in chapter 81 of title 5)'' after ``operations, and compensation''; (2) by striking the period at the end of paragraph (4) and inserting a semicolon; (3) by striking the matter in subsection (c) that follows paragraph (4) and inserting the following: ``(5) in paying, under rules and regulations promulgated by the Attorney General, prisoner contributions.''. SEC. 6 CLERICAL AMENDMENTS. The table of sections for chapter 307 of title 18, United States Code, is amended-- (1) so that the item relating to section 4121 reads as follows: ``4121. Definitions.''. (2) by striking the item relating to section 4123; and (3) by inserting after the item relating to section 4129 the following new items: ``4130. Limited Sales Projects. ``4131. Private Sector Projects. ``4132. Prison Industry Enhancement Projects.''. SEC. 7. MODIFICATION OF PROHIBITION ON SALES OF PRISONER-MADE PRODUCTS. Section 1761 of title 18, United States Code, is amended by striking subsections (b) through (d) and inserting the following: ``(b)(1) This section does not apply to good, wares, or merchandise manufactured or produced, or services provided, by inmates at an industry-- ``(A) provided by Federal Prison Industries; or ``(B) provided by a State, unless-- ``(i) the industry is operated by a person other than the State; and ``(ii) after September 30, 2008, the State does not have in effect any requirement that the departments and agencies of the State purchase a portion of their requirements for products produced by any industry provided by that State. ``(2) As used in this subsection, the term `State' means a State of the United States and any commonwealth, territory, or possession of the United States.''. SEC. 8. STUDY OF FOREIGN-MADE GOODS. The Director of the Bureau of Labor Statistics shall make a initial determination of those goods (described by Standard Industrial Product Code published by the Office of Management and Budget) of which 95 percent or more of the amount sold in the United States are fabricated in a foreign place. The Director shall report that determination to Congress, not later than 180 days after the date of the enactment of the Prison Industries Reform Act of 1998. SEC. 9. RESTRUCTURING. (a) Plan.--The Attorney General shall, not later than one year after the date of the enactment of this Act, develop and submit to Congress a plan, together with any recommendations for any necessary implementing legislation, for restructuring Federal Prison Industries. The plan shall provide-- (1) for the reduction in the use of Limited Sales Projects measured as a percentage of the total sales of Federal Prison Industries (or any successor) by 40 percent before the end of the 5-year period beginning on the date of the enactment of this Act; (2) except as provided in subsection (b)-- (A) for the phase out of the use of Limited Sales Projects by September 30, 2008; and (B) for the phase out of the use of Prison Industry Enhancement Projects by September 30, 2013; (3) the creation of a non-governmental entity to succeed to the rights and obligations of Federal Prison Industries; (b) Alternate Provisions of Plan.-- (1) Generally.--The plan may provide that if the number of inmates employed in industries provided by Federal Prison Industries 3 years after the submission date is less than the number of inmates so employed on the submission date, then-- (A) the 40 percent reduction described in subsection (a)(1) is not required and Limited Sales Projects may also be used to provide industries after September 30, 2008, but to no greater extent (measured as a percentage of the total sales of Federal Prison Industries (or any successor)) than used on the submission date; and (B) Prison Industry Enhancement Projects may also be used to provide industries after September 30, 2013. (2) Definition.--as used in this subsection, the term ``submission date'' is the date the plan is submitted to Congress under subsection (a). (c) Implementation of Plan.--To the extent the plan may be implemented without the enactment of legislation, the plan shall go into effect 180 days after the date of its submission to Congress, unless Congress shall by law otherwise provide.

Free Market Prison Industries Reform Act of 1998 - Amends the Federal criminal code to revise provisions governing Federal Prison Industries (FPI). Directs that FPI: (1) be administered by a board of seven directors appointed by the President; (2) provide industries operated as a Limited Sales Project, Private Sector Project, or Prison Industry Enhancement Project, aimed at generating the greatest amount of prisoner contributions and providing employment for the greatest number possible of inmates who are eligible to work and in the custody of the Bureau of Prisons, convicted by general courts martial and confined in an institution under Department of Defense jurisdiction, or confined in a District of Columbia penal or correctional institution; and (3) conduct its operations so that it realizes annual positive net revenues. Allows any such prison industry to offer for sale on the open market assembled or foreign-made goods. Exempts FPI from compliance with the Competition in Contracting Act of 1984 or with the Federal Acquisition Regulations. (Sec. 3) Requires any prison industry not operated as a Private Sector Project or a Prison Industry Enhancement Project to be operated as a Limited Sales Project, which shall: (1) sell its products only to the Federal Government, State and local governmental entities, or outside the United States; (2) be operated directly by FPI; and (3) be located in a facility provided by the Bureau of Prisons. (Sec. 4) Requires each industry located at a facility activated by the Attorney General one year or more after this Act's enactment to be operated as a Private Sector Project, with an exception. Permits each industry located at a facility that was activated before that date to be operated as a Private Sector Project. Directs that such a Project: (1) sell its products generally on the open market; (2) be operated by a private person under a contract with FPI for the use of prison labor; and (3) be located in a facility operated by the Bureau of Prisons or a private person under a contract with the Attorney General, or elsewhere as may be determined by the Attorney General. Requires FPI: (1) to enter into a contract with a private person to operate the Private Sector Project on terms beneficial to FPI's mission, including provision for payment for the use of the services of the inmates working in that Project; (2) before entering into such contract, to prepare and make public a notice soliciting private persons to submit bids; and (3) when reviewing bids, to give preference to private persons who proposed to use the Project for operations that otherwise would be located abroad, with an exception. Allows each industry that is in operation one year after this Act's enactment and located at a facility activated before such date to be operated as a Prison Industry Enhancement Project, which shall: (1) sell its products generally on the open market; (2) be operated by FPI; and (3) be located in a facility operated by the Bureau of Prisons or a private person under a contract with the Attorney General. Requires FPI, not later than: (1) two years after this Act's enactment date, to operate not fewer than five industries existing on such date as Private Sector Projects or Prison Industry Enhancement Projects; and (2) three years after such date, to operate not fewer than 20 such industries as Private Sector Projects or Prison Industry Enhancement Projects. (Sec. 7) Rewrites provisions regarding the prohibition on sales of prisoner-made products. Makes such prohibition inapplicable to goods, wares, or merchandise manufactured or produced, or services provided, by inmates at an industry provided by FPI, or by a State, unless: (1) the industry is operated by a person other than the State; and (2) after September 30, 2008, the State does not have in effect any requirement that State departments and agencies purchase a portion of their requirements from products produced by any State prison industry. (Sec. 8) Requires the Director of the Bureau of Labor Statistics to make an initial determination of those goods of which 95 percent or more of the amount sold in the United States are fabricated in a foreign place. (Sec. 9) Directs the Attorney General to develop and submit to the Congress a plan for restructuring FPI that provides for: (1) the phasing out of the use of Limited Sales Projects and of Prison Industry Enhancement Projects by September 30 of 2008 and 2013, respectively; and (2) the creation of a non-governmental entity to succeed Federal Prison Industries.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Designation of Foreign Terrorist Organizations Reform Act''. SEC. 2. DESIGNATION OF FOREIGN TERRORIST ORGANIZATIONS. (a) Period of Designation.--Section 219(a)(4) of the Immigration and Nationality Act (8 U.S.C. 1189(a)(4)) is amended-- (1) in subparagraph (A)-- (A) by striking ``Subject to paragraphs (5) and (6), a'' and inserting ``A''; and (B) by striking ``for a period of 2 years beginning on the effective date of the designation under paragraph (2)(B)'' and inserting ``until revoked under paragraph (5) or (6) or set aside pursuant to subsection (c)''; (2) by striking subparagraph (B) and inserting the following: ``(B) Review of designation upon petition.-- ``(i) In general.--The Secretary shall review the designation of a foreign terrorist organization under the procedures set forth in clauses (iii) and (iv) if the designated organization files a petition for revocation within the petition period described in clause (ii). ``(ii) Petition period.--For purposes of clause (i)-- ``(I) if the designated organization has not previously filed a petition for revocation under this subparagraph, the petition period begins 2 years after the date on which the designation was made; or ``(II) if the designated organization has previously filed a petition for revocation under this subparagraph, the petition period begins 2 years after the date of the determination made under clause (iv) on that petition. ``(iii) Procedures.--Any foreign terrorist organization that submits a petition for revocation under this subparagraph must provide evidence in that petition that the relevant circumstances described in paragraph (1) have changed in such a manner as to warrant revocation with respect to the organization. ``(iv) Determination.-- ``(I) In general.--Not later than 180 days after receiving a petition for revocation submitted under this subparagraph, the Secretary shall make a determination as to such revocation. ``(II) Classified information.--The Secretary may consider classified information in making a determination in response to a petition for revocation. Classified information shall not be subject to disclosure for such time as it remains classified, except that such information may be disclosed to a court ex parte and in camera for purposes of judicial review under subsection (c). ``(III) Publication of determination.--A determination made by the Secretary under this clause shall be published in the Federal Register. ``(IV) Procedures.--Any revocation by the Secretary shall be made in accordance with paragraph (6).''; and (3) by adding at the end the following: ``(C) Other review of designation.-- ``(i) In general.--If in a 4-year period no review has taken place under subparagraph (B), the Secretary shall review the designation of the foreign terrorist organization in order to determine whether such designation should be revoked pursuant to paragraph (6). ``(ii) Procedures.--If a review does not take place pursuant to subparagraph (B) in response to a petition for revocation that is filed in accordance with that subparagraph, then the review shall be conducted pursuant to procedures established by the Secretary. The results of such review and the applicable procedures shall not be reviewable in any court. ``(iii) Publication of results of review.-- The Secretary shall publish any determination made pursuant to this subparagraph in the Federal Register.''. (b) Aliases.--Section 219 of the Immigration and Nationality Act (8 U.S.C. 1189) is amended-- (1) by redesignating subsections (b) and (c) as subsections (c) and (d), respectively; and (2) by inserting after subsection (a) the following new subsection (b): ``(b) Amendments to a Designation.-- ``(1) In general.--The Secretary may amend a designation under this subsection if the Secretary finds that the organization has changed its name, adopted a new alias, dissolved and then reconstituted itself under a different name or names, or merged with another organization. ``(2) Procedure.--Amendments made to a designation in accordance with paragraph (1) shall be effective upon publication in the Federal Register. Subparagraphs (B) and (C) of subsection (a)(2) shall apply to an amended designation upon such publication. Paragraphs (2)(A)(i), (4), (5), (6), (7), and (8) of subsection (a) shall also apply to an amended designation. ``(3) Administrative record.--The administrative record shall be corrected to include the amendments as well as any additional relevant information that supports those amendments. ``(4) Classified information.--The Secretary may consider classified information in amending a designation in accordance with this subsection. Classified information shall not be subject to disclosure for such time as it remains classified, except that such information may be disclosed to a court ex parte and in camera for purposes of judicial review under subsection (c).''. (c) Technical and Conforming Amendments.--Section 219 of the Immigration and Nationality Act (8 U.S.C. 1189) is amended-- (1) in subsection (a)-- (A) in paragraph (3)(B), by striking ``subsection (b)'' and inserting ``subsection (c)''; (B) in paragraph (6)(A)-- (i) in the matter preceding clause (i), by striking ``or a redesignation made under paragraph (4)(B)'' and inserting ``at any time, and shall revoke a designation upon completion of a review conducted pursuant to subparagraphs (B) and (C) of paragraph (4)''; and (ii) in clause (i), by striking ``or redesignation''; (C) in paragraph (7), by striking ``, or the revocation of a redesignation under paragraph (6),''; and (D) in paragraph (8)-- (i) by striking ``, or if a redesignation under this subsection has become effective under paragraph (4)(B),''; and (ii) by striking ``or redesignation''; and (2) in subsection (c), as so redesignated-- (A) in paragraph (1), by striking ``of the designation in the Federal Register,'' and all that follows through ``review of the designation'' and inserting ``in the Federal Register of a designation, an amended designation, or a determination in response to a petition for revocation, the designated organization may seek judicial review''; (B) in paragraph (2), by inserting ``, amended designation, or determination in response to a petition for revocation'' after ``designation''; (C) in paragraph (3), by inserting ``, amended designation, or determination in response to a petition for revocation'' after ``designation''; and (D) in paragraph (4), by inserting ``, amended designation, or determination in response to a petition for revocation'' after ``designation'' each place that term appears. (d) Savings Provision.--For purposes of applying section 219 of the Immigration and Nationality Act on or after the date of enactment of this Act, the term ``designation'', as used in that section, includes all redesignations made pursuant to section 219(a)(4)(B) of the Immigration and Nationality Act (8 U.S.C. 1189(a)(4)(B)) prior to the date of enactment of this Act, and such redesignations shall continue to be effective until revoked as provided in paragraph (5) or (6) of section 219(a) of the Immigration and Nationality Act (8 U.S.C. 1189(a)). SEC. 3. INCLUSION IN ANNUAL DEPARTMENT OF STATE COUNTRY REPORTS ON TERRORISM OF INFORMATION ON TERRORIST GROUPS THAT SEEK WEAPONS OF MASS DESTRUCTION AND GROUPS THAT HAVE BEEN DESIGNATED AS FOREIGN TERRORIST ORGANIZATIONS. (a) Inclusion in Reports.--Section 140 of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 (22 U.S.C. 2656f) is amended-- (1) in subsection (a)(2)-- (A) by inserting ``any terrorist group known to have obtained or developed, or to have attempted to obtain or develop, weapons of mass destruction,'' after ``during the preceding five years,''; and (B) by inserting ``any group designated by the Secretary as a foreign terrorist organization under section 219 of the Immigration and Nationality Act (8 U.S.C. 1189),'' after ``Export Administration Act of 1979,''; (2) in subsection (b)(1)(C)(iii), by striking ``and'' at the end; (3) in subsection (b)(1)(C)-- (A) by redesignating clause (iv) as clause (v); and (B) by inserting after clause (iii) the following new clause: ``(iv) providing weapons of mass destruction, or assistance in obtaining or developing such weapons, to terrorists or terrorist groups; and''; and (4) in subsection (b)(2)-- (A) by redesignating subparagraphs (C), (D), and (E) as (D), (E), and (F), respectively; and (B) by inserting after subparagraph (B) the following new subparagraph: ``(C) efforts by those groups to obtain or develop weapons of mass destruction;''. (b) Effective Date.--The amendments made by subsection (a) shall apply beginning with the first report under section 140 of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 (22 U.S.C. 2656f), submitted more than one year after the date of the enactment of this Act.

Designation of Foreign Terrorist Organizations Reform Act - Amends the Immigration and Nationality Act (INA) to revise requirements authorizing the Secretary to designate an organization as a foreign terrorist organization. Makes designations effective until revoked or set aside (currently effective for two years, subject to revocation). Sets forth procedures requiring the Secretary to review the designation of a foreign terrorist organization upon the organization's filing a petition for revocation within two years after such designation. Requires the Secretary to review a designation if no review has taken place within a four-year period. Authorizes the Secretary to amend a designation. Amends the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 to require the inclusion in the State Department's Country Reports on Terrorism of: (1) information concerning specified terrorist groups that are known to have obtained or developed weapons of mass destruction (WMDs) or that are designated as foreign terrorist organizations under the INA; and (2) to the extent feasible, information concerning countries that have assisted terrorists in obtaining or developing WMDs.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Coastal Barrier Resources Reauthorization Act of 2005''. SEC. 2. DEFINITIONS. In this Act: (1) Otherwise protected area.--The term ``otherwise protected area'' has the meaning given the term in section 12 of the Coastal Barrier Improvement Act of 1990 (16 U.S.C. 3503 note; Public Law 101-591). (2) Pilot project.--The term ``pilot project'' means the digital mapping pilot project authorized under section 6 of the Coastal Barrier Resources Reauthorization Act of 2000 (16 U.S.C. 3503 note; Public Law 106-514). (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (4) System unit.--The term ``System unit'' has the meaning given the term in section 3 of the Coastal Barrier Resources Act (16 U.S.C. 3502). SEC. 3. DIGITAL MAPPING PILOT PROJECT FINALIZATION. (a) In General.--Not later than 2 years after the date of enactment of this Act, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Resources of the House of Representatives a report regarding the digital maps of the System units and otherwise protected areas created under the pilot project. (b) Consultation.--The Secretary shall prepare the report required under subsection (a)-- (1) in consultation with the Governors of the States in which any System units and otherwise protected areas are located; and (2) after-- (A) providing an opportunity for the submission of public comments; and (B) considering any public comments submitted under subparagraph (A). (c) Contents.--The report required under subsection (a) shall contain-- (1) the final recommended digital maps created under the pilot project; (2) recommendations for the adoption of the digital maps by Congress; (3) a summary of the comments received from the Governors of the States, other government officials, and the public regarding the digital maps; (4) a summary and update of the protocols and findings of the report required under section 6(d) of the Coastal Barrier Resources Reauthorization Act of 2000 (16 U.S.C. 3503 note; Public Law 106- 514); and (5) an analysis of any benefits that the public would receive by using digital mapping technology for all System units and otherwise protected areas. (d) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary to carry out this section $500,000 for each of fiscal years 2006 through 2007. SEC. 4. DIGITAL MAPPING PROJECT FOR THE REMAINING JOHN H. CHAFEE COASTAL BARRIER RESOURCES SYSTEM UNITS AND OTHERWISE PROTECTED AREAS. (a) In General.--The Secretary shall carry out a project to create digital versions of all of the John H. Chafee Coastal Barrier Resources System maps referred to in section 4(a) of the Coastal Barrier Resources Act (16 U.S.C. 3503(a)), including maps of otherwise protected areas, that were not included in the pilot project. (b) Data.-- (1) Use of existing data.--To the maximum extent practicable, in carrying out the project under this section, the Secretary shall use any digital spatial data in the possession of Federal, State, and local agencies, including digital orthophotos, color infrared photography, wetlands data, and property parcel data. (2) Provision of data by other agencies.--The head of a Federal agency that possesses any data referred to in paragraph (1) shall, on request of the Secretary, promptly provide the data to the Secretary at no cost. (3) Provision of data by non-federal agencies.--State and local agencies and any other non-Federal entities that possess data referred to in paragraph (1) are encouraged, on request of the Secretary, to promptly provide the data to the Secretary at no cost. (4) Additional data.--If the Secretary determines that any data necessary to carry out the project under this section does not exist, the Director of the United States Fish and Wildlife Service shall enter into an agreement with the Director of the United States Geological Survey under which the United States Geological Survey, in cooperation with the heads of other Federal agencies, as appropriate, shall obtain and provide to the Director of the United States Fish and Wildlife Service the data required to carry out this section. (5) Data standards.--All data used or created to carry out this section shall comply with-- (A) the National Spatial Data Infrastructure established by Executive Order No. 12906 (59 Fed. Reg. 17671); and (B) any other standards established by the Federal Geographic Data Committee established by the Office of Management and Budget circular numbered A-16. (c) Report.-- (1) In general.--Not later than 5 years after the submission of the report under section 3(a), the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Resources of the House of Representatives a report regarding the digital maps created under this section. (2) Consultation.--The Secretary shall prepare the report required under paragraph (1)-- (A) in consultation with the Governors of the States in which the System units and otherwise protected areas are located; and (B) after-- (i) providing an opportunity for the submission of public comments; and (ii) considering any public comments submitted under clause (i). (3) Contents.--The report required under paragraph (1) shall contain-- (A) a description of the extent to which the boundary lines on the digital maps differ from the boundary lines on the original maps; (B) a summary of the comments received from Governors, other government officials, and the public regarding the digital maps created under this section; (C) recommendations for the adoption of the digital maps created under this section by Congress; (D) recommendations for expansion of the John H. Chafee Coastal Barrier Resources System and otherwise protected areas, as in existence on the date of enactment of this Act; (E) a summary and update on the implementation and use of the digital maps created under the pilot project; and (F) a description of the feasibility of, and the amount of funding necessary for-- (i) making all of the System unit and otherwise protected area maps available to the public in digital format; and (ii) facilitating the integration of digital System unit and otherwise protected area boundaries into Federal, State, and local planning tools. (d) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary to carry out this section $1,000,000 for each of fiscal years 2006 through 2010. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. Section 10 of the Coastal Barrier Resources Act (16 U.S.C. 3510) is amended by striking ``2001, 2002, 2003, 2004, and 2005'' and inserting ``2006 through 2010''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Coastal Barrier Resources Reauthorization Act of 2005 - Directs the Secretary of the Interior to report to Congress on the creation of digital maps of the John H. Chafee Coastal Barrier Resources System units and other protected areas under the digital mapping pilot project. Authorizes appropriations for FY2006-FY2007. Requires the Secretary to carry out a project to create digital versions of all the remaining John H. Chafee Coastal Barrier Resources System maps, including maps of protected areas not included in the pilot project. Authorizes appropriations for FY2006-FY2010.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Prosthetics Parity Act of 2008''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress makes the following findings: (1) There are more than 1,800,000 people in the United States living with limb loss. (2) Every year, there are more than 130,000 people in the United States who undergo amputation procedures. (3) In addition, United States military personnel serving in Iraq and Afghanistan and around the world have sustained traumatic injuries resulting in amputation. (4) The number of amputations in the United States is projected to increase in the years ahead due to the rising incidence of diabetes and other chronic illness. (5) Those suffering from limb loss can and want to regain their lives as productive members of society. (6) Prosthetic devices enable amputees to continue working and living productive lives. (7) Insurance companies have begun to limit reimbursement of prosthetic equipment costs to unrealistic levels or not at all and often restrict coverage over an individual's lifetime, which shifts costs onto the Medicare and Medicaid programs. (8) Eleven States have addressed this problem and have prosthetic parity legislation. (9) Prosthetic parity legislation has been introduced and is being actively considered in 30 States. (10) The States in which prosthetic parity laws have been enacted have found there to be minimal or no increases in insurance premiums and have reduced Medicare and Medicaid costs. (11) Prosthetic parity legislation will not add to the size of government or to the costs associated with the Medicare and Medicaid programs. (12) If coverage for prosthetic devices and components are offered by a group health insurance policy, then providing such coverage of prosthetic devices on par with other medical and surgical benefits will not increase the incidence of amputations or the number of individuals for which a prosthetic device would be medically necessary and appropriate. (13) In States where prosthetic parity legislation has been enacted, amputees are able to return to a productive life, State funds have been saved, and the health insurance industry has continued to prosper. (14) Prosthetic services allow people to return more quickly to their preexisting work. (b) Purpose.--It is te purpose of this Act to require that each group health plan that provides both coverage for prosthetic devices and components and medical and surgical benefits, provide such coverage under terms and conditions that are no less favorable that the terms and conditions under which such benefits are provided for other benefits under such plan. SEC. 3. PROSTHETICS PARITY. (a) ERISA.-- (1) In general.--Subpart B of part 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1185 et seq.) is amended by adding at the end the following: ``SEC. 714. PROSTHETICS PARITY. ``(a) In General.--In the case of a group health plan (or health insurance coverage offered in connection with a group health plan) that provides both medical and surgical benefits for prosthetic devices and components (as defined under subsection (d)(1))-- ``(1) such benefits for prosthetic devices and components under the plan (or coverage) shall be provided under terms and conditions that are no less favorable than the terms and conditions applicable to substantially all medical and surgical benefits provided under the plan (or coverage); ``(2) such benefits for prosthetic devices and components under the plan (or coverage) may not be subject to separate financial requirements (as defined in subsection (d)(2)) that are applicable only with respect to such benefits, and any financial requirements applicable to such benefits shall be no more restrictive than the financial requirements applicable to substantially all medical and surgical benefits provided under the plan (or coverage); and ``(3) any treatment limitations (as defined in subsection (d)(3)) applicable to such benefits for prosthetic devices and components under the plan (or coverage) may not be more restrictive than the treatment limitations applicable to substantially all medical and surgical benefits provided under the plan ( or coverage). ``(b) In Network and Out-of-Network Standards.-- ``(1) In general.--In the case of a group health plan (or health insurance coverage offered in connection with a group health plan) that provides both medical and surgical benefits and benefits for prosthetic devices and components, and that provides both in-network benefits for prosthetic devices and components and out-of-network benefits for prosthetic devices and components, the requirements of this section shall apply separately with respect to benefits under the plan (or coverage) on an in-network basis and benefits provided under the plan (or coverage) on an out-of-network basis. ``(2) Clarification.--Nothing in paragraph (1) shall be construed as requiring that a group health plan (or health insurance coverage offered in connection with a group health plan) eliminate an out-of-network provider option from such plan (or coverage) pursuant to the terms of the plan (or coverage). ``(c) Additional Requirements.-- ``(1) Prior authorization.--In the case of a group health plan (or health insurance coverage offered in connection with a group health plan) that requires, as a condition of coverage or payment for prosthetic devices and components under the plan (or coverage), prior authorization, such prior authorization must be required in the same manner as prior authorization is required by the plan (or coverage) as a condition of coverage or payment for all similar benefits provided under the plan (or coverage). ``(2) Limitation on mandated benefits.--Coverage for required benefits for prosthetic devices and components under this section shall be limited to coverage of the most appropriate device or component model that adequately meets the medical requirements of the patient, as determined by the treating physician of the patient involved. ``(3) Coverage for repair or replacement.--Benefits for prosthetic devices and components required under this section shall include coverage for the repair or replacement of prosthetic devices and components, if the repair or replacement is determined appropriate by the treating physician of the patient involved. ``(4) Annual or lifetime dollar limitations.--A group health plan (or health insurance coverage offered in connection with a group health plan) shall not impose any annual or lifetime dollar limitation on benefits for prosthetic devices and components required to be covered under this section unless such limitation applies in the aggregate to all medical and surgical benefits provided under the plan (or coverage) and benefits for prosthetic devices components. ``(d) Definitions.--In this section: ``(1) Prosthetic devices and components.--The term `prosthetic devices and components' means those devices and components that may be used to replace, in whole or in part, an arm or leg, as well as the services required to do so and includes external breast prostheses incident to mastectomy resulting from breast cancer. ``(2) Financial requirements.--The term `financial requirements' includes deductibles, coinsurance, co-payments, other cost sharing, and limitations on the total amount that may be paid by a participant or beneficiary with respect to benefits under the plan or health insurance coverage and also includes the application of annual and lifetime limits. ``(3) Treatment limitations.--The term `treatment limitations' includes limits on the frequency of treatment, number of visits, days of coverage, or other similar limits on the scope or duration of treatment.''. (2) Clerical amendment.--The table of contents in section 1 of the Employee Retirement Income Security Act of 1974 is amended by inserting after the item relating to section 713 the following: ``Sec. 714. Prosthetics parity.''. (b) PHSA.--Subpart 2 of part A of title XXVII of the Public Health Service Act (42 U.S.C. 300gg-4 et seq.) is amended by adding at the end the following: ``SEC. 2707. PROSTHETICS PARITY. ``(a) In General.--In the case of a group health plan (or health insurance coverage offered in connection with a group health plan) that provides both medical and surgical benefits for prosthetic devices and components (as defined under subsection (d)(1))-- ``(1) such benefits for prosthetic devices and components under the plan (or coverage) shall be provided under terms and conditions that are no less favorable than the terms and conditions applicable to substantially all medical and surgical benefits provided under the plan (or coverage); ``(2) such benefits for prosthetic devices and components under the plan (or coverage) may not be subject to separate financial requirements (as defined in subsection (d)(2)) that are applicable only with respect to such benefits, and any financial requirements applicable to such benefits shall be no more restrictive than the financial requirements applicable to substantially all medical and surgical benefits provided under the plan (or coverage); and ``(3) any treatment limitations (as defined in subsection (d)(3)) applicable to such benefits for prosthetic devices and components under the plan (or coverage) may not be more restrictive than the treatment limitations applicable to substantially all medical and surgical benefits provided under the plan ( or coverage). ``(b) In Network and Out-of-Network Standards.-- ``(1) In general.--In the case of a group health plan (or health insurance coverage offered in connection with a group health plan) that provides both medical and surgical benefits and benefits for prosthetic devices and components, and that provides both in-network benefits for prosthetic devices and components and out-of-network benefits for prosthetic devices and components, the requirements of this section shall apply separately with respect to benefits under the plan (or coverage) on an in-network basis and benefits provided under the plan (or coverage) on an out-of-network basis. ``(2) Clarification.--Nothing in paragraph (1) shall be construed as requiring that a group health plan (or health insurance coverage offered in connection with a group health plan) eliminate an out-of-network provider option from such plan (or coverage) pursuant to the terms of the plan (or coverage). ``(c) Additional Requirements.-- ``(1) Prior authorization.--In the case of a group health plan (or health insurance coverage offered in connection with a group health plan) that requires, as a condition of coverage or payment for prosthetic devices and components under the plan (or coverage), prior authorization, such prior authorization must be required in the same manner as prior authorization is required by the plan (or coverage) as a condition of coverage or payment for all similar benefits provided under the plan (or coverage). ``(2) Limitation on mandated benefits.--Coverage for required benefits for prosthetic devices and components under this section shall be limited to coverage of the most appropriate device or component model that adequately meets the medical requirements of the patient, as determined by the treating physician of the patient involved. ``(3) Coverage for repair or replacement.--Benefits for prosthetic devices and components required under this section shall include coverage for the repair or replacement of prosthetic devices and components, if the repair or replacement is determined appropriate by the treating physician of the patient involved. ``(4) Annual or lifetime dollar limitations.--A group health plan (or health insurance coverage offered in connection with a group health plan) shall not impose any annual or lifetime dollar limitation on benefits for prosthetic devices and components required to be covered under this section unless such limitation applies in the aggregate to all medical and surgical benefits provided under the plan (or coverage) and benefits for prosthetic devices components. ``(d) Definitions.--In this section: ``(1) Prosthetic devices and components.--The term `prosthetic devices and components' means those devices and components that may be used to replace, in whole or in part, an arm or leg, as well as the services required to do so and includes external breast prostheses incident to mastectomy resulting from breast cancer. ``(2) Financial requirements.--The term `financial requirements' includes deductibles, coinsurance, co-payments, other cost sharing, and limitations on the total amount that may be paid by an enrollee with respect to benefits under the plan or health insurance coverage and also includes the application of annual and lifetime limits. ``(3) Treatment limitations.--The term `treatment limitations' includes limits on the frequency of treatment, number of visits, days of coverage, or other similar limits on the scope or duration of treatment.''. (c) Effective Date.--The amendments made by this section shall apply with respect to group health plans (and health insurance coverage offered in connection with group health plans) for plan years beginning on or after the date of the enactment of this Act. SEC. 4. FEDERAL ADMINISTRATIVE RESPONSIBILITIES. (a) Assistance to Enrollees.--The Secretary of Labor, in consultation with the Secretary of Health and Human Services, shall provide assistance to enrollees under plans or coverage to which the amendment made by section 3 apply with any questions or problems with respect to compliance with the requirements of such amendment. (b) Audits.--The Secretary of Labor, in consultation with the Secretary of Health and Human Services, shall provide for the conduct of random audits of group health plans (and health insurance coverage offered in connection with such plans) to ensure that such plans (or coverage) are in compliance with the amendments made by section (3). (c) GAO Study.-- (1) Study.--The Comptroller General of the United States shall conduct a study that evaluates the effect of the implementation of the amendments made by this Act on the cost of the health insurance coverage, on access to health insurance coverage (including the availability of in-network providers), on the quality of health care, on benefits and coverage for prosthetics devices and components, on any additional cost or savings to group health plans, on State prosthetic devices and components benefit mandate laws, on the business community and the Federal Government, and on other issues as determined appropriate by the Comptroller General. (2) Report.--Not later than 2 years after the date of the enactment of this Act, the Comptroller General of the United States shall prepare and submit to the appropriate committee of Congress a report containing the results of the study conducted under paragraph (1). (d) Regulations.--Not later than 1 year after the date of the enactment of this Act, the Secretary of Labor, in consultation with the Secretary of Health and Human Services, shall promulgate final regulations to carry out this Act and the amendments made by this Act.

Prosthetics Parity Act of 2008 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) and the Public Health Service Act to require a group health plan that provides both medical and surgical benefits and benefits for prosthetic devices and components to provide prosthetics coverage under terms and conditions that are no less favorable than those applicable to substantially all medical and surgical benefits provided under the plan. Prohibits the prosthetics benefit from being subject to separate or more restrictive financial requirements or more restrictive treatment limitations. Applies the requirements of this Act separately with respect to in-network and out-of-network benefits. Requires a group health plan to apply the same prior authorization requirements to the prosthetics benefit as apply for all similar benefits under the plan. Limits the required prosthetics benefit to the most appropriate device or component that adequately meets the medical requirements of the patient. Includes repair or replacement of prosthetic devices and components within such coverage. Prohibits a group health plan from imposing any annual or lifetime dollar limitation on benefits for prosthetic devices and components required to be covered under this Act that is not applied in the aggregate to all medical and surgical benefits provided under the plan. Requires the Secretary of Labor to: (1) assist enrollees with any questions or problems regarding compliance with the requirements of this Act; and (2) conduct random audits of group health plans to ensure compliance. Requires the Comptroller General to evaluate the effects of this Act, including on the cost of and access to heath insurance coverage.

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SECTION 1. RECOGNITION AND GRANT OF FEDERAL CHARTER. The American GI Forum of the United States, a nonprofit corporation organized under the laws of the State of New Mexico, is recognized as such and granted a Federal charter. SEC. 2. POWERS. The American GI Forum of the United States (in this Act referred to as the ``corporation'') shall have only those powers granted to it through its bylaws and articles of incorporation filed in the State of New Mexico and subject to the laws of the State of New Mexico. SEC. 3. PURPOSES. The purposes of the corporation are those provided in its bylaws and articles of incorporation and shall include the following: (1) To secure the blessing of American democracy at every level of local, State, and national life for all United States citizens. (2) To uphold and defend the Constitution and the United States flag. (3) To foster and perpetuate the principles of American democracy based on religious and political freedom for the individual and equal opportunity for all. (4) To foster and enlarge equal educational opportunities, equal economic opportunities, equal justice under the law, and equal political opportunities for all United States citizens, regardless of race, color, religion, sex, or national origin. (5) To encourage greater participation of the ethnic minority represented by the corporation in the policy-making and administrative activities of all departments, agencies, and other governmental units of local and State governments and the Federal Government. (6) To combat all practices of a prejudicial or discriminatory nature in local, State, or national life which curtail, hinder, or deny to any United States citizen an equal opportunity to develop full potential as an individual. (7) To foster and promote the broader knowledge and appreciation by all United States citizens of their cultural heritage and language. SEC. 4. SERVICE OF PROCESS. With respect to service of process, the corporation shall comply with the laws of the State of New Mexico and those States in which it carries on its activities in furtherance of its corporate purposes. SEC. 5. MEMBERSHIP. Except as provided in section 8(g), eligibility for membership in the corporation and the rights and privileges of members shall be as provided in the bylaws and articles of incorporation of the corporation. SEC. 6. BOARD OF DIRECTORS. Except as provided in section 8(g), the composition of the board of directors of the corporation and the responsibilities of the board shall be as provided in the bylaws and articles of incorporation of the corporation and in conformity with the laws of the State of New Mexico. SEC. 7. OFFICERS. Except as provided in section 8(g), the positions of officers of the corporation and the election of members to such positions shall be as provided in the bylaws and articles of incorporation of the corporation and in conformity with the laws of the State of New Mexico. SEC. 8. RESTRICTIONS. (a) Income and Compensation.--No part of the income or assets of the corporation may inure to the benefit of any member, officer, or director of the corporation or be distributed to any such individual during the life of this charter. Nothing in this subsection may be construed to prevent the payment of reasonable compensation to the officers and employees of the corporation or reimbursement for actual and necessary expenses in amounts approved by the board of directors. (b) Loans.--The corporation may not make any loan to any member, officer, director, or employee of the corporation. (c) Issuance of Stock and Payment of Dividends.--The corporation may not issue any shares of stock or declare or pay any dividends. (d) Disclaimer of Congressional or Federal Approval.--The corporation may not claim the approval of Congress or the authorization of the Federal Government for any of its activities by virtue of this Act. (e) Corporate Status.--The corporation shall maintain its status as a corporation organized and incorporated under the laws of the State of New Mexico. (f) Corporate Function.--The corporation shall function as an educational, patriotic, civic, historical, and research organization under the laws of the State of New Mexico. (g) Nondiscrimination.--In establishing the conditions of membership in the corporation and in determining the requirements for serving on the board of directors or as an officer of the corporation, the corporation may not discriminate on the basis of race, color, religion, sex, disability, age, or national origin. SEC. 9. LIABILITY. The corporation shall be liable for the acts of its officers, directors, employees, and agents whenever such individuals act within the scope of their authority. SEC. 10. MAINTENANCE AND INSPECTION OF BOOKS AND RECORDS. (a) Books and Records of Account.--The corporation shall keep correct and complete books and records of account and minutes of any proceeding of the corporation involving any of its members, the board of directors, or any committee having authority under the board of directors. (b) Names and Addresses of Members.--The corporation shall keep at its principal office a record of the names and addresses of all members having the right to vote in any proceeding of the corporation. (c) Right To Inspect Books and Records.--All books and records of the corporation may be inspected by any member having the right to vote in any proceeding of the corporation, or by any agent or attorney of such member, for any proper purpose at any reasonable time. (d) Application of State Law.--This section may not be construed to contravene any applicable State law. SEC. 11. AUDIT OF FINANCIAL TRANSACTIONS. The first section of the Act entitled ``An Act to provide for audit of accounts of private corporations established under Federal law'', approved August 30, 1964 (36 U.S.C. 1101), is amended by adding at the end the following: ``(80) American GI Forum of the United States.''. SEC. 12. ANNUAL REPORT. The corporation shall annually submit to Congress a report concerning the activities of the corporation during the preceding fiscal year. The annual report shall be submitted on the same date as the report of the audit required by reason of the amendment made in section 11. The annual report shall not be printed as a public document. SEC. 13. RESERVATION OF RIGHT TO ALTER, AMEND, OR REPEAL CHARTER. The right to alter, amend, or repeal this Act is expressly reserved to Congress. SEC. 14. TAX-EXEMPT STATUS REQUIRED AS CONDITION OF CHARTER. If the corporation fails to maintain its status as a corporation exempt from taxation as provided in the Internal Revenue Code of 1986 the charter granted in this Act shall terminate. SEC. 15. TERMINATION. The charter granted in this Act shall expire if the corporation fails to comply with any of the provisions of this Act. SEC. 16. DEFINITION OF STATE. For purposes of this Act, the term ``State'' includes the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, and the territories and possessions of the United States.

Grants a Federal charter to the American GI Forum of the United States (a nonprofit organization organized under the laws of New Mexico).

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SECTION 1. SHORT TITLE. This Act may be cited as the ``People for the Planet Act of 2008''. SEC. 2. TAX CHECK-OFF FOR ENVIRONMENT PRESERVATION. (a) In General.--Subchapter A of chapter 61 of the Internal Revenue Code of 1986 (relating to information and returns) is amended by adding at the end the following new part: ``PART IX--DESIGNATION OF INCOME TAX PAYMENTS TO ENVIRONMENTAL PROTECTION TRUST FUND ``Sec. 6098. Designation to Environmental Protection Trust Fund. ``SEC. 6098. DESIGNATION TO ENVIRONMENTAL PROTECTION TRUST FUND. ``(a) In General.--Every individual (other than a nonresident alien) whose adjusted income tax liability for the taxable year is $3 or more may designate that $3 shall be paid over to the Environmental Protection Trust Fund in accordance with the provisions of section 9511. In the case of a joint return of husband and wife having an adjusted income tax liability of $6 or more, each spouse may designate that $3 shall be paid to the fund. ``(b) Adjusted Income Tax Liability.--For purposes of subsection (a), the term `adjusted income tax liability' means, for any individual for any taxable year, the excess (if any) of-- ``(1) the income tax liability (as defined in section 6096(b)) of the individual for the taxable year, over ``(2) any amount designated by the individual (and, in the case of a joint return, any amount designated by the individual's spouse) under section 6096(a) for such taxable year. ``(c) Manner and Time of Designation.--A designation under subsection (a) may be made with respect to any taxable year-- ``(1) at the time of filing the return of the tax imposed by chapter 1 for such taxable year, or ``(2) at any other time (after the time of filing the return of the tax imposed by chapter 1 for such taxable year) specified in regulations prescribed by the Secretary. Such designation shall be made in such manner as the Secretary prescribes by regulations except that, if such designation is made at the time of filing the return of the tax imposed by chapter 1 for such taxable year, such designation shall be made either on the first page of the return or on the page bearing the taxpayer's signature.'' (b) Environmental Protection Trust Fund.--Subchapter A of chapter 98 of such Code (relating to establishment of trust funds) is amended by adding at the end the following new section: ``SEC. 9511. ENVIRONMENTAL PROTECTION TRUST FUND. ``(a) Creation of Trust Fund.--There is established in the Treasury of the United States a trust fund to be known as the `Environmental Protection Trust Fund', consisting of such amounts as may be appropriated or credited to such fund as provided in this section or section 9602(b). ``(b) Transfers to Trust Fund.--There are hereby appropriated to the Environmental Protection Trust Fund amounts equivalent to the amounts designated under section 6098. ``(c) Expenditures.--Amounts in the Environmental Protection Trust Fund shall be available, as provided in appropriation Acts, only for purposes of ecosystem restoration, reforestation, reclaiming timber roads in national forests, watershed protection, preservation of Great Lakes and other bodies of water and rivers, funding for biodiversity partnerships, and for such other purposes as the Environmental Protection Trust Fund Board recommends.''. (c) Clerical Amendments.-- (1) The table of parts for subchapter A of chapter 61 of such Code is amended by adding at the end the following new item: ``Part IX. Designation of Income Tax Payments to Environmental Protection Trust Fund.'' (2) The table of sections for subchapter A of chapter 98 of such Code is amended by adding at the end the following new item: ``Sec. 9511. Environmental Protection Trust Fund.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. (e) Environmental Protection Trust Fund Board.-- (1) Establishment.--There is established the Environmental Protection Trust Fund Board (in this subsection referred to as the ``Board''). (2) Functions.--The Board shall-- (A) recommend Federal agency activities and non- Federal projects for funding with amounts appropriated from the Environmental Protection Trust Fund established by section 9511 of the Internal Revenue Code of 1986 (as amended by this section); and (B) Monitor use of amounts appropriated from the Environmental Protection Trust Fund. (3) Membership.--The membership of the Board shall consist of the following individuals (or their designees): (A) The Secretary of the Interior. (B) The Administrator of the Environmental Protection Agency. (C) The Director of the Council on Environmental Quality. (D) The Speaker of the House of Representatives. (E) The majority leader of the House of Representatives. (F) The minority leader of the House of Representatives. (G) The President Pro Tempore of the Senate. (H) The majority leader of the Senate. (I) The minority leader of the Senate. SEC. 3. SPECIAL RULE FOR CONTRIBUTIONS OF QUALIFIED CONSERVATION CONTRIBUTIONS MADE PERMANENT. (a) In General.-- (1) Individuals.--Subparagraph (E) of section 170(b)(1) of the Internal Revenue Code of 1986 (relating to contributions of qualified conservation contributions) is amended by striking clause (vi). (2) Corporations.--Subparagraph (B) of section 170(b)(2) of such Code (relating to qualified conservation contributions) is amended by striking clause (iii). (b) Effective Date.--The amendments made by this section shall apply to contributions made in taxable years beginning after December 31, 2007. SEC. 4. 100 PERCENT DEDUCTION FOR REFORESTATION EXPENDITURES TO REPLACE AMORTIZATION. (a) In General.--Part VI of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to itemized deductions for individuals and corporations) is amended by adding at the end the following new section: ``SEC. 200. REFORESTATION EXPENDITURES. ``(a) Allowance of Deduction.--In the case of any qualified timber property with respect to which the taxpayer has made (in accordance with regulations prescribed by the Secretary) an election under this subsection, there shall be allowed as a deduction for the taxable year an amount equal to the reforestation expenditures paid or incurred by the taxpayer during such year with respect to such property. ``(b) Qualified Timber Property.--The term `qualified timber property' means a woodlot or other site located in the United States which will contain trees in significant commercial quantities and which is held by the taxpayer for the planting, cultivating, caring for, and cutting of trees for sale or use in the commercial production of timber products. ``(c) Reforestation Expenditures.-- ``(1) In general.--For purposes of this section, the term `reforestation expenditures' means direct costs incurred in connection with forestation or reforestation by planting or artificial or natural seeding, including costs-- ``(A) for the preparation of the site, ``(B) of seeds or seedlings, and ``(C) for labor and tools, including depreciation of equipment such as tractors, trucks, tree planters, and similar machines used in planting or seeding. ``(2) Cost-sharing programs.--Reforestation expenditures shall not include any expenditures for which the taxpayer has been reimbursed under any governmental reforestation cost- sharing program unless the amounts reimbursed have been included in the gross income of the taxpayer. ``(d) Life Tenant and Remainderman.--In the case of property held by one person for life with remainder to another person, the deduction under this section shall be computed as if the life tenant were the absolute owner of the property and shall be allowed to the life tenant.''. (b) Termination of Amortization of Reforestation Expenditures.-- Section 194 of such Code (relating to amortization of reforestation expenditures) is amended by adding at the end the following new subsection: ``(e) Termination.--This section shall not apply to any amount paid or incurred after the date of the enactment of this subsection.''. (c) Clerical Amendment.--The table of sections for part VI of subchapter B of chapter 1 of such Code is amended by inserting at the end the following new item: ``Sec. 200. Reforestation expenditures.''. (d) Effective Date.--The amendments made by this section shall apply to amounts paid or incurred after the date of the enactment of this Act. SEC. 5. SENSE OF CONGRESS REGARDING BIODIVERSITY PARTNERSHIPS. It is the sense of Congress that-- (1) the Government of the United States should promote biodiversity partnerships in the United States and abroad to better protect our Earth; (2) such partnerships are already established, and there needs to be more involvement in such partnerships; (3) businesses and conservation organizations have formed compatible partnerships to achieve win-win biodiversity conservation solutions in the real world; (4) experienced nongovernmental organization teach others how to form partnerships in developing countries where biodiversity hotspots require swift action and local people need meaningful employment; (5) one of the most enlightening conversation partnerships is saving sea turtles and sea turtle habitat around the world; (6) these are models that should be implemented for other endangered populations; and (7) green enterprise is becoming the norm throughout the world, with scores of new private-public environmental partnerships being established daily, and the Government of the United States needs to encourage more companies and individuals to be involved in such efforts.

People for the Planet Act of 2008 - Amends the Internal Revenue Code to establish in the Treasury the Environmental Protection Trust Fund to promote ecosystem restoration, reforestation, reclamation of timber roads in national forests, watershed protection, preservation of Great Lakes and other bodies of water, and funding of biodiversity partnerships. Allows individual taxpayers (other than nonresident aliens) to designate on their income tax returns a payment of $3 of their income tax liability to such Trust Fund. Makes permanent the tax deduction for individual and corporate contributions of conservation easements. Allows a tax deduction for reforestation expenditures. Expresses the sense of Congress that the government should encourage biodiversity partnerships.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Grant's Tomb National Memorial Act of 1994''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--The Congress finds that-- (1) Ulysses S. Grant has been heralded as a national hero by his contemporaries and by generations thereafter; (2) Ulysses S. Grant led the Union army to victory, bringing to an end the Civil War in 1865, assuring the preservation of the United States of America, and resulting in the emancipation of American slaves; (3) Ulysses S. Grant served as the 18th President of the United States from 1869 through 1877; (4) Ulysses S. Grant demonstrated his commitment to maintaining the rights of freed slaves by executing his authority as Commander in Chief to command Federal troops to protect the rights and freedoms of former slaves; and (5) Ulysses S. Grant demonstrated his commitment to rebuilding the Nation and restoring unity among the American people. (b) Purposes.--The purposes of this Act are-- (1) to pay tribute to Ulysses S. Grant; (2) to restore, complete, and preserve in perpetuity the Grant's Tomb National Memorial and surrounding areas which are of National historical significance in a manner consistent with the existing architectural, historical, and educational value of the memorial's original design and purpose; and (3) to educate present and future generations about the life of Ulysses S. Grant and his contributions to the United States. SEC. 3. REDESIGNATION OF MEMORIAL AND ADMINISTRATION OF GRANT'S TOMB NATIONAL MEMORIAL. (a) Redesignation.--General Grant National Memorial, located at Riverside Drive and West One Hundred and Twenty-Second Street in New York, New York, is hereby redesignated as Grant's Tomb National Memorial (hereafter in this Act referred to as the ``memorial''). (b) Area Included.--The memorial shall consist of the tomb of Ulysses S. Grant and the surrounding plaza area, as generally depicted on the map entitled ``Grant's Tomb National Memorial'' and dated April 27, 1994. The map shall be on file and available for public inspection in the offices of the National Park Service, Department of the Interior. (c) Administration.--The Secretary of the Interior (hereafter in this Act referred to as the ``Secretary'') shall administer, promote, preserve, restore, repair, and maintain the memorial in accordance with this Act and with the provisions of law generally applicable to units of the National Park System, including the Act entitled ``An Act to establish a National Park Service, and for other purposes'', approved August 25, 1916 (39 Stat. 535; 16 U.S.C. 1, 2, 3, and 4). (d) Visitors Center.--(1) The Secretary shall design and construct a visitors center (including public restrooms) at the memorial to aid in the interpretation and maintain the historical significance of the memorial. (2) The visitors center shall-- (A) be established in consultation with the study commission established under section 5; and (B) be designed in a manner which is consistent with the existing architectural and historical intent of the site and which does not detract from the historical interpretation and the scenic views of the memorial and the existing park area. SEC. 4. LAND ACQUISITION; LEASE OR COOPERATIVE MANAGEMENT AGREEMENT. (a) Acquisition.--The Secretary shall acquire from the city of New York non-Federal lands located within the boundaries of the memorial as depicted on the map referred to in section 3(b) by donation, purchase with donated or appropriated funds, or exchange. (b) Lease or Cooperative Management Agreement.--The Secretary may lease non-Federal lands located within the boundary of the memorial or enter into a cooperative agreement for the management of such lands to carry out the purposes of this Act. SEC. 5. STUDY COMMISSION. (a) Establishment.--(1) The Secretary shall establish a study commission of seven persons within 60 days after the date of enactment of this Act which shall be composed of the president and at least three members of the executive committee of the Grant Monument Association, representatives of the community surrounding the memorial, and citizens with a unique knowledge or expertise relating to the memorial. No officer or employee of the Federal, State, or local government is eligible for membership on the study commission. (2) Members of the study commission shall serve without pay. (3) The members of the study commission shall designate a chair of the study commission. (4) Upon request of the study commission, the Secretary shall furnish on a reimbursable basis such administrative support services (including staff, supplies, and facilities) as necessary for the study commission to carry out its responsibilities under this Act. (b) Duties.--The study commission shall review security and maintenance at the memorial, as well as plan for interpretive programs and for the complete restoration of the memorial, and within 180 days after the date of their first meeting, submit a written report regarding their study to the Secretary. The report shall include proposed measures to improve security, maintenance, and interpretive programs, including such improvements as may be required to be carried out by April 27, 1997, which shall be based on the original plans of the architect of the tomb, John H. Duncan, and the plans of architect John Russell Pope, approved in 1928 by the Grant Monument Association. The report shall also include an estimate of the capital costs and general operating costs of implementing these proposed measures. Following the submission of the report to the Secretary, the study commission shall monitor the progress of the repairs being made to the Tomb, and shall, until the study commission's termination as provided herein, submit reports to the Secretary and the Congress on the progress of such repairs as the commission deems necessary. (c) Final Plan.--Not later than 90 days after the date on which the report is submitted to the Secretary under subsection (b), the Secretary shall review and evaluate the report and submit to the Congress a final plan for the projects at the memorial to be fully completed by April 27, 1997. Unless the Secretary reports to the Congress that specific aspects of the study commission's report are unreasonable; inconsistent with the existing architectural, historical, and educational intent of the site; detract from, distort, or otherwise compromise the historical interpretation or scenic views of the memorial; or conflict with the purpose of this Act as described in section 2(b), such final plan shall be entirely consistent with the study commission's report. The final plan shall contain designs for the site which are consistent with the existing architectural and historical intent of the site and do not detract from or distort the historical interpretation or scenic views of the memorial and the existing park area. (d) Meetings.--All meetings of the study commission shall be open to the public. Interested persons may attend such meetings, appear before the study commissions, or file statements related to the purposes of this Act with the study commission. (e) Termination; FACA.--(1) The study commission shall terminate no later than three years after the date that it is established. (2) The provisions of the Federal Advisory Committee Act (5 U.S.C. Appendix; 86 Stat. 776), do not apply to the study commission. SEC. 6. HONOR GUARD. The Secretary of the Interior in coordination with the Secretary of Defense, acting through the Secretary of the Army, shall provide no less than three military guards who shall protect the memorial and the site on a twenty-four hour basis every day in perpetuity, beginning no later than the start of implementation of the final plan referred to in section 5(c). SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated such sums as may be necessary to carry out this Act.

Grant's Tomb National Memorial Act of 1994 - Redesignates General Grant National Memorial, located at Riverside Drive and West 122d Street, New York, New York, as Grant's Tomb National Memorial. Requires the Secretary of the Interior to: (1) design and construct a visitors center at the Memorial to aid in its interpretation and to maintain its historical significance; and (2) acquire from the city of New York non-Federal lands located within the boundaries of the Memorial. Authorizes the Secretary to lease such lands or enter into a cooperative agreement for the management of them. Requires the Secretary to establish a study commission to review security and maintenance at the Memorial as well as plan for interpretive programs and for the complete restoration of it and to submit a written report regarding such study to the Secretary. Directs the Secretary to: (1) submit a final plan for such projects consistent with such report to the Congress; and (2) in coordination with the Secretary of Defense, acting through the Secretary of the Army, to provide at least three military guards to protect the Memorial and the Site on a 24-hour basis every day in perpetuity. Authorizes appropriations.

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SECTION 1. REDUCTION OF MAXIMUM CAPITAL GAINS RATES FOR INDIVIDUALS. (a) In General.--Section 1(h) of the Internal Revenue Code of 1986 (relating to maximum capital gains rate) is amended to read as follows: ``(h) Maximum Capital Gains Rate.-- ``(1) In general.--If a taxpayer has a net capital gain for any taxable year, the tax imposed by this section for such taxable year shall not exceed the sum of-- ``(A) a tax computed on taxable income reduced by the net capital gain, at the rates and in the same manner as if this subsection had not been enacted, ``(B) 7.5 percent of so much of the taxpayer's net capital gain (or, if less, taxable income) as does not exceed the excess (if any) of-- ``(i) the amount of taxable income which would (without regard to this paragraph) be taxed at a rate of 15 percent or less, over ``(ii) the amount on which tax is determined under subparagraph (A), plus ``(C) 15 percent of the taxpayer's net capital gain (or, if less, taxable income) in excess of the amount of capital gain on which tax is determined under subparagraph (B). ``(2) Net capital gain taken into account as investment income.--For purposes of this subsection, the net capital gain for any taxable year shall be reduced (but not below zero) by the amount which the taxpayer elects to take into account as investment income for the taxable year under section 163(d)(4)(B)(iii).''. (b) Minimum Tax.--Subparagraph (A) of section 55(b)(1) of the Internal Revenue Code of 1986 (relating to amount of tentative tax) is amended by redesignating clauses (ii) and (iii) as clauses (iii) and (iv), respectively, and by inserting after clause (i) the following new clause: ``(ii) Maximum rate of tax on net capital gain.--The amount determined under the first sentence of clause (i) shall not exceed the sum of-- ``(I) the amount determined under such first sentence computed at the rates and in the same manner as if this clause had not been enacted on the taxable excess reduced by the net capital gain, plus ``(II) a tax of 15 percent of the lesser of the net capital gain or the taxable excess.'' (2) Conforming amendment.--Section 55(b) of such Code is amended by striking paragraph (3). (c) Conforming Amendments.-- (1) Paragraph (1) of section 1445(e) of the Internal Revenue Code of 1986 is amended by striking ``20 percent'' and inserting ``15 percent''. (2)(A) The second sentence of section 7518(g)(6)(A) is amended by striking ``20 percent'' and inserting ``15 percent''. (B) The second sentence of section 607(h)(6)(A) of the Merchant Marine Act, 1936 is amended by striking ``20 percent'' and inserting ``15 percent''. (d) Effective Dates.-- (1) In general.--The amendments made by this section shall apply to taxable years ending after December 31, 2001. (2) Withholding.--The amendment made by subsection (c)(1) shall apply to amounts paid after the date of the enactment of this Act. SEC. 2. DECREASE IN HOLDING PERIOD REQUIRED FOR LONG-TERM CAPITAL GAIN TREATMENT. (a) In General.-- (1) Capital gain.--Paragraphs (1) and (3) of section 1222 of the Internal Revenue Code of 1986 (relating to other terms relating to capital gains and losses) are each amended by striking ``1 year'' and inserting ``1 month''. (2) Capital losses.--Paragraphs (2) and (4) of section 1222 of such Code are each amended by striking ``1 year'' and inserting ``1 month''. (b) Conforming Amendments.--The following provisions of the Internal Revenue Code of 1986 are each amended by striking ``1 year'' each place it appears and inserting ``1 month'': (1) Section 166(d)(1)(B). (2) Section 422(a)(1). (3) Section 423(a)(1). (4) Section 584(c). (5) Subsections (b) and (c) of section 631. (6) Section 642(c)(3). (7) Paragraphs (1) and (2) of section 702(a). (8) Section 818(b)(1). (9) Section 852(b)(3)(B). (10) Section 857(b)(3)(B). (11) Paragraphs (11) and (12) of section 1223. (12) Section 1231. (13) Subsections (b), (d), and (e)(4)(A) of section 1233. (14) Section 1234(b)(1). (15) Section 1235(a). (16) Section 1246(a)(4). (17) Section 1247(i). (18) Subsections (b) and (g)(2)(C) of section 1248. (c) Technical Amendment.--The first sentence of section 631(a) of the Internal Revenue Code of 1986 is amended by striking ``for a period of more than one year'' and inserting ``on the first day of such year and for a period of more than 1 month before such cutting''. (d) Effective Date.--The amendments made by this section shall apply to dispositions after December 31, 2001.

Amends the Internal Revenue Code of 1986 to: (1) revise a specified formula in order to reduce the maximum capital gains rates for individuals; and (2) decrease from one year to one month the holding period required for long-term capital gain treatment.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``State Long-Term Care Partnership Act of 2005''. SEC. 2. ALLOWANCE OF ADDITIONAL STATE LONG-TERM CARE PARTNERSHIPS. (a) In General.--Section 1917(b) of the Social Security Act (42 U.S.C. 1396(b)) is amended-- (1) in paragraph (1)(C)(i), by striking ``shall seek adjustment'' and inserting ``may seek adjustment''; (2) in paragraph (1)(C)(ii), by inserting ``Qualified State Long-Term Care Insurance Partnership or under a'' after ``Clause (i) shall not apply in the case of an individual who received medical assistance under a''; and (3) in paragraph (4)(B), by striking ``(and shall include, in the case of an individual to whom paragraph (1)(C)(i) applies)''. (b) Definition of a Qualified State Long-Term Care Insurance Partnership.--Section 1917(e) of the Social Security Act (42 U.S.C. 1396p(e)) is amended by inserting at the end the following: ``(6) The term `Qualified State Long-Term Care Insurance Partnership' means a State plan amendment that provides for the disregard of any assets or resources in an amount equal to the insurance benefits payments that are made under a long-term care insurance policy (including a certificate issued under a group insurance contract), but only if-- ``(A) the policy covers an insured who, at the time coverage under the policy first becomes effective, is a resident of such State or of a State that maintains a Qualified Long-Term Care Insurance Partnership; ``(B) the policy is a qualified long-term care insurance contract within the meaning of section 7702B(b) of the Internal Revenue Code of 1986; ``(C) the policy provides some level of inflation protection; ``(D) the policy satisfies any requirements of State or other applicable law that apply to a long-term care insurance policy; and ``(E) the issuer of the policy reports-- ``(i) to the Secretary, such information or data as the Secretary may require; and ``(ii) to the State, the information or data reported to the Secretary (if any), the information or data required under the minimum reporting requirements developed under section 2(c)(1) of the State Long-Term Care Partnership Act of 2005, and such additional information or data as the State may require. For purposes of applying this paragraph, if a long-term care insurance policy is exchanged for another such policy, the date coverage became effective under the first policy shall determine when coverage first becomes effective.''. (c) Regulatory Authority.--Not later than 6 months after the date of enactment of this Act, the Secretary of Health and Human Services (in this subsection and subsection (d) referred to as the ``Secretary''), in consultation with the National Association of Insurance Commissioners, issuers of long-term care insurance policies, States with experience with long-term care insurance partnership plans, and other States, shall develop the following requirements and standards: (1) Minimum, consistent reporting requirements.-- (A) In general.--Minimum reporting requirements for issuers of long-term care insurance policies under Qualified State Long-Term Care Insurance Partnerships that shall specify the data and information that each such issuer shall report to the State with which it has such a partnership. The requirements developed in accordance with this paragraph shall specify the type and format of the data and information to be reported and the frequency with which such reports are to be made. (B) State required data.--Nothing in subparagraph (A) shall be construed as prohibiting a State from requiring an issuer of a long-term care insurance policy sold in the State (regardless of whether the policy is issued under a Qualified State Long-Term Care Insurance Partnership) to require the issuer to report State information or data to the State that is in addition to the information or data required under the minimum reporting requirements developed under that subparagraph. (2) Reciprocity standards.--Standards for ensuring that long-term care insurance policies issued under a Qualified State Long-Term Care Insurance Partnership are portable to other States with such a partnership. (d) Consumer Education.--The Secretary shall establish procedures for educating consumers regarding Qualified State Long-Term Care Insurance Partnerships and long-term care insurance policies issued in connection with such partnerships. (e) Annual Reports to Congress.--The Secretary shall annually report to Congress on the Qualified State Long-Term Care Insurance Partnerships established in accordance with subsections (b)(1)(C)(ii) and (e)(6) of section 1917 of the Social Security Act (42 U.S.C. 1396p). (f) Effective Date.--The amendments made by subsections (a) and (b) take effect on October 1, 2005.

State Long-Term Care Partnership Act of 2005 - Amends title XIX (Medicaid) of the Social Security Act to provide for establishment of long-term care insurance partnerships between states and insurers (Qualified State Long-Term Care Insurance Partnerships (QSLTCIPs)). Defines a QSLTCIP as a state plan amendment that provides for the disregard of any assets or resources in an amount equal to the insurance benefits payments made under a long-term care insurance policy (including a certificate issued under a group insurance contract), but only if the policy meets certain requirements, including coverage of an insured who, at the time coverage first becomes effective, is a resident of such state or of a state that maintains a QSLTCIP. Directs the Secretary to establish procedures for educating consumers regarding QSLTCIPs and long-term care insurance policies issued in connection with them.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Stop the Sequester Job Loss Now Act''. SEC. 2. TABLE OF CONTENTS. Sec. 1. Short title. Sec. 2. Table of contents. TITLE I--BUDGET PROCESS AMENDMENTS TO REPLACE FISCAL YEAR 2013 SEQUESTRATION Sec. 101. Repeal and replace the 2013 sequester. Sec. 102. Protecting veterans programs from sequester. TITLE II--AGRICULTURAL SAVINGS Sec. 201. One-year extension of agricultural commodity programs, except direct payment programs. TITLE III--OIL AND GAS SUBSIDIES Sec. 301. Limitation on section 199 deduction attributable to oil, natural gas, or primary products thereof. Sec. 302. Prohibition on using last-in, first-out accounting for major integrated oil companies. Sec. 303. Modifications of foreign tax credit rules applicable to major integrated oil companies which are dual capacity taxpayers. TITLE IV--THE BUFFETT RULE Sec. 401. Fair share tax on high-income taxpayers. TITLE V--SENSE OF THE HOUSE Sec. 501. Sense of the House on the need for a fair, balanced and bipartisan approach to long-term deficit reduction. TITLE I--BUDGET PROCESS AMENDMENTS TO REPLACE FISCAL YEAR 2013 SEQUESTRATION SEC. 101. REPEAL THE 2013 SEQUESTER AND DELAY THE 2014 SEQUESTER. (a) Calculation of Total Deficit Reduction and Allocation to Functions.--(1) Subparagraph (E) of section 251A(3) is amended to read as follows: ``(E) For fiscal year 2014, reducing the amount calculated under subparagraphs (A) through (D) by $27,500,000,000.''. (2) Paragraph (4) of section 251A of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901a) is amended by striking ``On March 1, 2013, for fiscal year 2013, and in its sequestration preview report for fiscal years 2014 through 2021'' and inserting ``On January 2, 2014, for fiscal year 2014, and in its sequestration preview report for fiscal years 2015 through 2021''. (b) Defense and Nondefense Function Reductions.--Paragraphs (5) and (6) of section 251A of the Balanced Budget and Emergency Deficit Control Act of 1985 are amended by striking ``2013'' and inserting ``2014'' each place it appears. (c) Implementing Discretionary Reductions.--(1) Section 251A(7)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by striking ``2013.--On January 2, 2013, for fiscal year 2013'' and inserting ``2014.--On January 2, 2014, for fiscal year 2014''. (2) Section 251A(7)(B) of such Act is amended by striking ``2014'' and inserting ``2015'' each place it appears. (d) Savings.--The savings set forth by the enactment of title II shall achieve the savings that would otherwise have occurred as a result of the sequestration under section 251A of the Balanced Budget and Emergency Deficit Control Act of 1985. SEC. 102. PROTECTING VETERANS PROGRAMS FROM SEQUESTER. Section 256(e)(2)(E) of the Balanced Budget and Emergency Deficit Control Act of 1985 is repealed. TITLE II--AGRICULTURAL SAVINGS SEC. 201. ONE-YEAR EXTENSION OF AGRICULTURAL COMMODITY PROGRAMS, EXCEPT DIRECT PAYMENT PROGRAMS. (a) Extension.--Except as provided in subsection (b) and notwithstanding any other provision of law, the authorities provided by each provision of title I of the Food, Conservation, and Energy Act of 2008 (Public Law 110-246; 122 Stat. 1651) and each amendment made by that title (and for mandatory programs at such funding levels), as in effect on September 30, 2013, shall continue, and the Secretary of Agriculture shall carry out the authorities, until September 30, 2014. (b) Termination of Direct Payment Programs.-- (1) Covered commodities.--The extension provided by subsection (a) shall not apply with respect to the direct payment program under section 1103 of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8713). (2) Peanuts.--The extension provided by subsection (a) shall not apply with respect to the direct payment program under section 1303 of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 7953). (c) Effective Date.--This section shall take effect on the earlier of-- (1) the date of the enactment of this Act; and (2) September 30, 2013. TITLE III--OIL AND GAS SUBSIDIES SEC. 301. LIMITATION ON SECTION 199 DEDUCTION ATTRIBUTABLE TO OIL, NATURAL GAS, OR PRIMARY PRODUCTS THEREOF. (a) Denial of Deduction.--Paragraph (4) of section 199(c) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: ``(E) Special rule for certain oil and gas income.--In the case of any taxpayer who is a major integrated oil company (as defined in section 167(h)(5)(B)) for the taxable year, the term `domestic production gross receipts' shall not include gross receipts from the production, transportation, or distribution of oil, natural gas, or any primary product (within the meaning of subsection (d)(9)) thereof.''. (b) Effective Date.--The amendment made by this section shall apply to taxable years ending after December 31, 2013. SEC. 302. PROHIBITION ON USING LAST-IN, FIRST-OUT ACCOUNTING FOR MAJOR INTEGRATED OIL COMPANIES. (a) In General.--Section 472 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(h) Major Integrated Oil Companies.--Notwithstanding any other provision of this section, a major integrated oil company (as defined in section 167(h)(5)(B)) may not use the method provided in subsection (b) in inventorying of any goods.''. (b) Effective Date and Special Rule.-- (1) In general.--The amendment made by subsection (a) shall apply to taxable years ending after December 31, 2013. (2) Change in method of accounting.--In the case of any taxpayer required by the amendment made by this section to change its method of accounting for its first taxable year ending after December 31, 2013-- (A) such change shall be treated as initiated by the taxpayer, (B) such change shall be treated as made with the consent of the Secretary of the Treasury, and (C) the net amount of the adjustments required to be taken into account by the taxpayer under section 481 of the Internal Revenue Code of 1986 shall be taken into account ratably over a period (not greater than 8 taxable years) beginning with such first taxable year. SEC. 303. MODIFICATIONS OF FOREIGN TAX CREDIT RULES APPLICABLE TO MAJOR INTEGRATED OIL COMPANIES WHICH ARE DUAL CAPACITY TAXPAYERS. (a) In General.--Section 901 of the Internal Revenue Code of 1986 is amended by redesignating subsection (n) as subsection (o) and by inserting after subsection (m) the following new subsection: ``(n) Special Rules Relating to Major Integrated Oil Companies Which Are Dual Capacity Taxpayers.-- ``(1) General rule.--Notwithstanding any other provision of this chapter, any amount paid or accrued by a dual capacity taxpayer which is a major integrated oil company (as defined in section 167(h)(5)(B)) to a foreign country or possession of the United States for any period shall not be considered a tax-- ``(A) if, for such period, the foreign country or possession does not impose a generally applicable income tax, or ``(B) to the extent such amount exceeds the amount (determined in accordance with regulations) which-- ``(i) is paid by such dual capacity taxpayer pursuant to the generally applicable income tax imposed by the country or possession, or ``(ii) would be paid if the generally applicable income tax imposed by the country or possession were applicable to such dual capacity taxpayer. Nothing in this paragraph shall be construed to imply the proper treatment of any such amount not in excess of the amount determined under subparagraph (B). ``(2) Dual capacity taxpayer.--For purposes of this subsection, the term `dual capacity taxpayer' means, with respect to any foreign country or possession of the United States, a person who-- ``(A) is subject to a levy of such country or possession, and ``(B) receives (or will receive) directly or indirectly a specific economic benefit (as determined in accordance with regulations) from such country or possession. ``(3) Generally applicable income tax.--For purposes of this subsection-- ``(A) In general.--The term `generally applicable income tax' means an income tax (or a series of income taxes) which is generally imposed under the laws of a foreign country or possession on income derived from the conduct of a trade or business within such country or possession. ``(B) Exceptions.--Such term shall not include a tax unless it has substantial application, by its terms and in practice, to-- ``(i) persons who are not dual capacity taxpayers, and ``(ii) persons who are citizens or residents of the foreign country or possession.''. (b) Effective Date.-- (1) In general.--The amendments made by this section shall apply to taxes paid or accrued in taxable years beginning after the date of the enactment of this Act. (2) Contrary treaty obligations upheld.--The amendments made by this section shall not apply to the extent contrary to any treaty obligation of the United States. TITLE IV--THE BUFFETT RULE SEC. 401. FAIR SHARE TAX ON HIGH-INCOME TAXPAYERS. (a) In General.--Subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new part: ``PART VII--FAIR SHARE TAX ON HIGH-INCOME TAXPAYERS ``SEC. 59B. FAIR SHARE TAX. ``(a) General Rule.-- ``(1) Phase-in of tax.--In the case of any high-income taxpayer, there is hereby imposed for a taxable year (in addition to any other tax imposed by this subtitle) a tax equal to the product of-- ``(A) the amount determined under paragraph (2), and ``(B) a fraction (not to exceed 1)-- ``(i) the numerator of which is the excess of-- ``(I) the taxpayer's adjusted gross income, over ``(II) the dollar amount in effect under subsection (c)(1), and ``(ii) the denominator of which is the dollar amount in effect under subsection (c)(1). ``(2) Amount of tax.--The amount of tax determined under this paragraph is an amount equal to the excess (if any) of-- ``(A) the tentative fair share tax for the taxable year, over ``(B) the excess of-- ``(i) the sum of-- ``(I) the regular tax liability (as defined in section 26(b)) for the taxable year, ``(II) the tax imposed by section 55 for the taxable year, plus ``(III) the payroll tax for the taxable year, over ``(ii) the credits allowable under part IV of subchapter A (other than sections 27(a), 31, and 34). ``(b) Tentative Fair Share Tax.--For purposes of this section-- ``(1) In general.--The tentative fair share tax for the taxable year is 30 percent of the excess of-- ``(A) the adjusted gross income of the taxpayer, over ``(B) the modified charitable contribution deduction for the taxable year. ``(2) Modified charitable contribution deduction.--For purposes of paragraph (1)-- ``(A) In general.--The modified charitable contribution deduction for any taxable year is an amount equal to the amount which bears the same ratio to the deduction allowable under section 170 (section 642(c) in the case of a trust or estate) for such taxable year as-- ``(i) the amount of itemized deductions allowable under the regular tax (as defined in section 55) for such taxable year, determined after the application of section 68, bears to ``(ii) such amount, determined before the application of section 68. ``(B) Taxpayer must itemize.--In the case of any individual who does not elect to itemize deductions for the taxable year, the modified charitable contribution deduction shall be zero. ``(c) High-Income Taxpayer.--For purposes of this section-- ``(1) In general.--The term `high-income taxpayer' means, with respect to any taxable year, any taxpayer (other than a corporation) with an adjusted gross income for such taxable year in excess of $1,000,000 (50 percent of such amount in the case of a married individual who files a separate return). ``(2) Inflation adjustment.-- ``(A) In general.--In the case of a taxable year beginning after 2014, the $1,000,000 amount under paragraph (1) shall be increased by an amount equal to-- ``(i) such dollar amount, multiplied by ``(ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `calendar year 2013' for `calendar year 1992' in subparagraph (B) thereof. ``(B) Rounding.--If any amount as adjusted under subparagraph (A) is not a multiple of $10,000, such amount shall be rounded to the next lowest multiple of $10,000. ``(d) Payroll Tax.--For purposes of this section, the payroll tax for any taxable year is an amount equal to the excess of-- ``(1) the taxes imposed on the taxpayer under sections 1401, 1411, 3101, 3201, and 3211(a) (to the extent such taxes are attributable to the rate of tax in effect under section 3101) with respect to such taxable year or wages or compensation received during the taxable year, over ``(2) the deduction allowable under section 164(f) for such taxable year. ``(e) Special Rule for Estates and Trusts.--For purposes of this section, in the case of an estate or trust, adjusted gross income shall be computed in the manner described in section 67(e). ``(f) Not Treated as Tax Imposed by This Chapter for Certain Purposes.--The tax imposed under this section shall not be treated as tax imposed by this chapter for purposes of determining the amount of any credit under this chapter (other than the credit allowed under section 27(a)) or for purposes of section 55.''. (b) Conforming Amendment.--Section 26(b)(2) of such Code is amended by redesignating subparagraphs (C) through (X) as subparagraphs (D) through (Y), respectively, and by inserting after subparagraph (B) the following new subparagraph: ``(C) section 59B (relating to fair share tax),''. (c) Clerical Amendment.--The table of parts for subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: ``Part VII--Fair Share Tax on High-Income Taxpayers''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2013. TITLE V--SENSE OF THE HOUSE SEC. 501. SENSE OF THE HOUSE ON THE NEED FOR A FAIR, BALANCED AND BIPARTISAN APPROACH TO LONG-TERM DEFICIT REDUCTION. (a) The House finds that-- (1) every bipartisan commission has recommended--and the majority of Americans agree--that we should take a balanced, bipartisan approach to reducing the deficit that addresses both revenue and spending; and (2) sequestration is a meat-ax approach to deficit reduction that imposes deep and mindless cuts, regardless of their impact on vital services and investments. (b) It is the sense of the House that the Congress should replace the entire 10-year sequester established by the Budget Control Act of 2011 with a balanced approach that would increase revenues without increasing the tax burden on middle-income Americans, and decrease long-term spending while maintaining the Medicare guarantee, protecting Social Security and a strong social safety net, and making strategic investments in education, science, research, and critical infrastructure necessary to compete in the global economy.

Stop the Sequester Job Loss Now Act - Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to repeal the FY2013 sequester and reduce the FY2014 sequester. Eliminates the 2% maximum permissible reduction in budget authority for veterans' medical care. Extends through FY2014 agricultural commodity programs generally under the Food, Conservation, and Energy Act of 2008, but not the direct payment programs for wheat, corn, grain sorghum, barley, oats, upland cotton, long and medium grain rice, soybeans, other oilseeds, and peanuts. Amends the Internal Revenue Code, with respect to deductions from income, to set a special rule that a major integrated oil company's domestic production gross receipts shall not include any gross receipts from the production, refining, processing, transportation, or distribution of oil, natural gas, or any of their primary products. Prohibits a major integrated oil company from using the last-in, first-out (LIFO) accounting method in inventorying goods. Prescribes a special rule to limit the foreign tax credit and tax deferrals for amounts paid or accrued by a major integrated oil company that is a dual capacity taxpayer (a person subject to a levy of a foreign country or U.S. possession and receives, or will receive, directly or indirectly a specific economic benefit from such county or possession). Requires an individual taxpayer whose adjusted gross income exceeds $1 million to pay a minimum (fair share) tax rate of 30% of the excess of the taxpayer's adjusted gross income over the taxpayer's modified charitable contribution deduction for the taxable year. Declares that it is the sense of the House that Congress should replace the entire 10-year sequester established by the Budget Control Act of 2011 with a balanced approach that would: (1) increase revenues without increasing the tax burden on middle-income Americans; and (2) decrease long-term spending while maintaining the Medicare guarantee, protecting Social Security and a strong social safety net, and making strategic investments in education, science, research, and critical infrastructure necessary to compete in the global economy.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``America's Border Security Act of 2007''. SEC. 2. TECHNOLOGICAL ASSETS. (a) Increased Availability of Equipment.--The Secretary of Homeland Security and the Secretary of Defense shall develop and implement a plan to use authorities provided to the Secretary of Defense under chapter 18 of title 10, United States Code, to increase the availability and use of Department of Defense equipment, including unmanned aerial vehicles, tethered aerostat radars, and other surveillance equipment, to assist the Secretary of Homeland Security in carrying out surveillance activities conducted at or near the international land borders of the United States to prevent illegal immigration. (b) Report.--Not later than 6 months after the date of enactment of this Act, the Secretary of Homeland Security and the Secretary of Defense shall submit to Congress a report that contains-- (1) a description of the current use of Department of Defense equipment to assist the Secretary of Homeland Security in carrying out surveillance of the international land borders of the United States and assessment of the risks to citizens of the United States and foreign policy interests associated with the use of such equipment; (2) the plan developed under subsection (b) to increase the use of Department of Defense equipment to assist such surveillance activities; and (3) a description of the types of equipment and other support to be provided by the Secretary of Defense under such plan during the 1-year period beginning on the date of the submission of the report. (c) Unmanned Aerial Vehicle Pilot Program.--During the 1-year period beginning on the date on which the report is submitted under subsection (b), the Secretary of Homeland Security shall conduct a pilot program to test unmanned aerial vehicles for border surveillance along the international border between Canada and the United States. (d) Construction.--Nothing in this section may be construed as altering or amending the prohibition on the use of any part of the Army or the Air Force as a posse comitatus under section 1385 of title 18, United States Code. (e) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary of Homeland Security such sums as may be necessary for each of the fiscal years 2008 through 2012 to carry out subsection (a). SEC. 3. INFRASTRUCTURE. (a) Construction of Border Control Facilities.--Subject to the availability of appropriations, the Secretary of Homeland Security shall construct all-weather roads and acquire additional vehicle barriers and facilities necessary to achieve operational control of the international borders of the United States. (b) Reports.--The Secretary of Homeland Security shall submit quarterly reports to the Congress on the progress made in carrying out subsection (a). (c) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary of Homeland Security such sums as may be necessary for each of the fiscal years 2008 through 2012 to carry out subsection (a). SEC. 4. PORTS OF ENTRY. The Secretary of Homeland Security is authorized to-- (1) construct additional ports of entry along the international land borders of the United States, at locations to be determined by the Secretary of Homeland Security; and (2) make necessary improvements to the ports of entry in existence on the date of enactment of this Act. SEC. 5. SECURE COMMUNICATION. The Secretary of Homeland Security shall, as expeditiously as practicable, develop and implement a plan to improve the use of satellite communications and other technologies to ensure clear and secure 2-way communication capabilities-- (1) among all Border Patrol agents conducting operations between ports of entry; (2) between Border Patrol agents and their respective Border Patrol stations; (3) between Border Patrol agents and residents in remote areas along the international land borders of the United States; and (4) between all appropriate border security agencies of the Department and State, local, and tribal law enforcement agencies. SEC. 6. UNMANNED AERIAL VEHICLES. (a) Unmanned Aerial Vehicles and Associated Infrastructure.--The Secretary of Homeland Security shall acquire and maintain not fewer than 5 unmanned aerial vehicles and related equipment for use to patrol the international borders of the United States, including equipment such as-- (1) additional sensors; (2) critical spares; (3) satellite command and control; and (4) other necessary equipment for operational support. (b) Authorization of Appropriations.-- (1) In general.--There are authorized to be appropriated to the Secretary of Homeland Security for each of the fiscal years 2008 and 2009 such sums as may be necessary to carry out subsection (a). (2) Availability of funds.--Amounts appropriated pursuant to the authorization of appropriations in paragraph (1) are authorized to remain available until expended. SEC. 7. SURVEILLANCE TECHNOLOGIES PROGRAMS. (a) Aerial Surveillance Program.-- (1) In general.--In conjunction with the border surveillance plan developed under section 5201 of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108-458; 8 U.S.C. 1701 note), the Secretary of Homeland Security, not later than 90 days after the date of enactment of this Act, shall develop and implement a program to fully integrate and utilize aerial surveillance technologies, including unmanned aerial vehicles, to enhance the security of the international border between the United States and Canada and the international border between the United States and Mexico. The goal of the program shall be to ensure continuous monitoring of each mile of each such border. (2) Assessment and consultation requirements.--In developing the program under this subsection, the Secretary of Homeland Security shall-- (A) consider current and proposed aerial surveillance technologies; (B) assess the feasibility and advisability of utilizing such technologies to address border threats, including an assessment of the technologies considered best suited to address respective threats; (C) consult with the Secretary of Defense regarding any technologies or equipment, which the Secretary of Homeland Security may deploy along an international border of the United States; and (D) consult with the Administrator of the Federal Aviation Administration regarding safety, airspace coordination and regulation, and any other issues necessary for implementation of the program. (3) Additional requirements.-- (A) In general.--The program developed under this subsection shall include the use of a variety of aerial surveillance technologies in a variety of topographies and areas, including populated and unpopulated areas located on or near an international border of the United States, in order to evaluate, for a range of circumstances-- (i) the significance of previous experiences with such technologies in border security or critical infrastructure protection; (ii) the cost and effectiveness of various technologies for border security, including varying levels of technical complexity; and (iii) liability, safety, and privacy concerns relating to the utilization of such technologies for border security. (4) Continued use of aerial surveillance technologies.--The Secretary of Homeland Security may continue the operation of aerial surveillance technologies while assessing the effectiveness of the utilization of such technologies. (5) Report to congress.--Not later than 180 days after implementing the program under this subsection, the Secretary of Homeland Security shall submit to Congress a report regarding such program. The Secretary of Homeland Security shall include in the report a description of such program together with any recommendations that the Secretary finds appropriate for enhancing the program. (6) Authorization of appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this subsection. (b) Integrated and Automated Surveillance Program.-- (1) Requirement for program.--Subject to the availability of appropriations, the Secretary of Homeland Security shall establish a program to procure additional unmanned aerial vehicles, cameras, poles, sensors, satellites, radar coverage, and other technologies necessary to achieve operational control of the international borders of the United States and to establish a security perimeter known as a ``virtual fence'' along such international borders to provide a barrier to illegal immigration. Such program shall be known as the Integrated and Automated Surveillance Program. (2) Program components.--The Secretary shall ensure, to the maximum extent feasible, that-- (A) the technologies utilized in the Integrated and Automated Surveillance Program are integrated and function cohesively in an automated fashion, including the integration of motion sensor alerts and cameras in a manner where a sensor alert automatically activates a corresponding camera to pan and tilt in the direction of the triggered sensor; (B) cameras utilized in the Program do not have to be manually operated; (C) such camera views and positions are not fixed; (D) surveillance video taken by such cameras is able to be viewed at multiple designated communications centers; (E) a standard process is used to collect, catalog, and report intrusion and response data collected under the Program; (F) future remote surveillance technology investments and upgrades for the Program can be integrated with existing systems; (G) performance measures are developed and applied that can evaluate whether the Program is providing desired results and increasing response effectiveness in monitoring and detecting illegal intrusions along the international borders of the United States; (H) plans are developed under the Program to streamline site selection, site validation, and environmental assessment processes to minimize delays of installing surveillance technology infrastructure; (I) standards are developed under the Program to expand the shared use of existing private and governmental structures to install remote surveillance technology infrastructure where possible; and (J) standards are developed under the Program to identify and deploy the use of nonpermanent or mobile surveillance platforms that will increase the Secretary's mobility and ability to identify illegal border intrusions. (3) Report to congress.--Not later than 1 year after the initial implementation of the Integrated and Automated Surveillance Program, the Secretary of Homeland Security shall submit to Congress a report regarding the Program. The Secretary shall include in the report a description of the Program together with any recommendation that the Secretary finds appropriate for enhancing the program. (4) Evaluation of contractors.-- (A) Requirement for standards.--The Secretary of Homeland Security shall develop appropriate standards to evaluate the performance of any contractor providing goods or services to carry out the Integrated and Automated Surveillance Program. (B) Review by the inspector general.-- (i) In general.--The Inspector General of the Department shall review each new contract related to the Program that has a value of more than $5,000,000 in a timely manner, to determine whether such contract fully complies with applicable cost requirements, performance objectives, program milestones, and schedules. (ii) Reports.--The Inspector General shall report the findings of each review carried out under clause (i) to the Secretary of Homeland Security in a timely manner. Not later than 30 days after the date the Secretary receives a report of findings from the Inspector General, the Secretary shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives a report of such findings and a description of any the steps that the Secretary has taken or plans to take in response to such findings. (5) Authorization of appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this subsection. SEC. 8. HIRING AND TRAINING OF BORDER AND TRANSPORTATION SECURITY PERSONNEL. (a) Inspectors and Agents.-- (1) Increase in inspectors and agents.--During fiscal year 2008, the Secretary of Homeland Security shall-- (A) increase the number of full-time agents and associated support staff in the Bureau of Immigration and Customs Enforcement of the Department of Homeland Security by 400; and (B) increase the number of full-time inspectors and associated support staff in the Bureau of Customs and Border Protection by 600. (2) Waiver of fte limitation.--The Secretary is authorized to waive any limitation on the number of full-time equivalent personnel assigned to the Department of Homeland Security to fulfill the requirements of paragraph (1). (b) Training.--The Secretary shall provide appropriate training for agents, inspectors, and associated support staff of the Department of Homeland Security on an ongoing basis to utilize new technologies and to ensure that the proficiency levels of such personnel are acceptable to protect the borders of the United States. SEC. 9. NATIONAL BORDER SECURITY PLAN. (a) Requirement for Plan.--Not later than January 31 of each year, the Secretary of Homeland Security shall prepare a National Border Security Plan and submit such plan to the Congress. (b) Consultation.--In preparing the plan required in subsection (a), the Secretary shall consult with the Under Secretary for Information Analysis and Infrastructure Protection and the Federal, State, and local law enforcement agencies and private entities that are involved in international trade across the northern border or the southern border. (c) Vulnerability Assessment.-- (1) In general.--The plan required in subsection (a) shall include a vulnerability assessment of each port of entry located on the northern border or the southern border. (2) Port security coordinators.--The Secretary may establish 1 or more port security coordinators at each port of entry located on the northern border or the southern border-- (A) to assist in conducting a vulnerability assessment at such port; and (B) to provide other assistance with the preparation of the plan required in subsection (a).

America's Border Security Act of 2007 - Sets forth border security and enforcement provisions, including provisions respecting: (1) use of Department of Defense (DOD) surveillance equipment, including unmanned aerial vehicles (UAVs); (2) road and barrier construction; (3) ports of entry construction; (4) communications enhancements; (5) aerial surveillance programs; (6) personnel increases; and (7) a national border security plan.

15,765

SECTION 1. SHORT TITLE. This Act may be cited as the ``Recycling Information Clearinghouse Act of 1993''. SEC. 2. FINDINGS AND OBJECTIVES. (a) Findings.--Section 1002(c) of the Solid Waste Disposal Act (42 U.S.C. 6901(c)) is amended by striking out ``and'' in paragraph (2), by striking out the period in paragraph (3) and inserting ``; and'', and by adding at the end the following new paragraph: ``(4) Recycling should be promoted through a national clearinghouse to provide information about the economic feasibility of recycling various materials, State and local initiatives that have succeeded in increasing the recycling rate for municipal waste, and Federal, State, and local procurement opportunities for recyclable materials.''. (b) Objectives and Policy.--Section 1003(a) of the Solid Waste Disposal Act (42 U.S.C. 6902(a)) is amended by striking out the period in paragraph (11) and inserting ``; and'', by striking out ``and'' in paragraph (1), and by adding at the end the following new paragraph: ``(12) establishing an information clearinghouse to promote the recycling of municipal solid waste.''. SEC. 3. DEFINITIONS. Section 1004 of the Solid Waste Disposal Act (42 U.S.C. 6903) is amended by adding at the end the following: ``(40) The term `municipal solid waste' means residential, institutional, and commercial solid waste generated within a community. The term does not include any garbage, refuse, sludge, or other residue that is a byproduct of an industrial process or any solid waste which is regulated under subtitle C. ``(41) The term `recycled material' means a material which has been previously used which can be reused with or without reprocessing in place of a virgin material. ``(42) The term `recycled product' means a product that is derived substantially from recycled materials. ``(43) The term `recycling' means remanufacturing or reprocessing used or discarded materials into a useful product.''. SEC. 4. INFORMATION CLEARINGHOUSE. (a) Establishment.--Subtitle D of the Solid Waste Disposal Act is amended by adding at the end the following new section: ``SEC. 4011. INFORMATION CLEARINGHOUSE. ``(a) Establishment.--The Administrator shall establish a clearinghouse for information about the recycling of municipal solid waste, to be administered by the Office of Solid Waste in accordance with the provisions of this section. ``(b) Information Collection and Analysis.--The clearinghouse shall collect and provide the following types of information: ``(1) A data base containing information on the annual volume and rate of recycling of materials from the municipal solid waste stream. Such data base should include information that may be available from trade associations, nonprofit organizations, Federal agencies, and State governments. At a minimum, the data base should estimate the aggregate annual tonnage and recycling rate for glass, metal, paper, plastic, and corrugated containers. To the extent feasible, the data base should include an analysis of the impact of geographic and demographic factors on the recycling rate. ``(2) An annual estimate of the balance of trade in recycled materials and products. ``(3) Economic data comparing the costs and benefits of recycling various materials from the municipal solid waste stream. The analysis should take into account the avoided disposal costs resulting from recycling. ``(4) A catalog of State and local laws that encourage or require the recycling of materials from the municipal solid waste stream. The catalog should include information about any recycling targets or objectives established by such legislation and, where feasible, evaluate whether those objectives are being met. ``(5) A list of all purchases of recycled materials or products by the Federal Government, organized by agency and the type of recycled materials or products purchased. ``(6) A register announcing all solicitations by Federal agencies for the purchase of recycled materials or products. Such information shall be organized to provide timely and relevant information to persons seeking to sell recycled materials or products to the Federal Government. To the extent feasible, the register should include information about procurement opportunities available from State or local governments. ``(7) Information about state-of-the-art recycling methods, programs, and technologies, including the results of any recycling research or demonstration programs funded by the Federal Government. ``(8) A register of all potential purchasers (both government and private) of recycled materials. ``(c) Information Coordination.--The Administrator may, at his or her discretion, make available through the information clearinghouse any other information that would promote national, State, and local recycling efforts including, but not limited to, information that may be obtained under subtitle D and subtitle E. ``(d) Information Dissemination.--The information compiled and analyzed under this section shall be made available to the public. A toll-free, telephone hotline shall be established and made available to members of the public seeking information from the clearinghouse. To the extent feasible, the information compiled should be computerized to facilitate analysis and provide for prompt retrieval of information. ``(e) Independent Organization.--In carrying out this section the Administrator shall cooperate with any independent organization which is comprised of persons engaged in recycling and persons representing environmental organizations and which provides matching funds to cover the costs of any cooperative program undertaken by the organization and the Environmental Protection Agency. ``(f) Authorization.--There is authorized to be appropriated to the Administrator $500,000 for each fiscal year occurring after enactment of the Recycling Information Clearinghouse Act of 1993 for functions carried out by the information clearinghouse.''. (b) Conforming Amendment.--Section 4003(c) of such subtitle D is amended by adding at the end the following: ``(3) A State shall not be eligible for assistance under section 4008(a)(3) after December 31, 1994, unless the State maintains and publicizes a State register of potential purchasers (both governmental and private) of recycled materials known to the State solid waste planning authorities. Such register shall be periodically updated and submitted to the information clearinghouse established under section 4011.''. (c) Table of Contents.--The table of contents for such subtitle D is amended by adding at the end the following new item: ``Sec. 4011. Information clearinghouse.''.

Recycling Information Clearinghouse Act of 1993 - Amends the Solid Waste Disposal Act to require the Environmental Protection Agency to establish a clearinghouse for information about the recycling of municipal solid waste to include: (1) a data base on the volume and rate of recycling of materials from the municipal solid waste stream; (2) an annual estimate of the balance of trade in recycled materials and products; (3) economic data comparing the costs and benefits of recycling various materials from the municipal solid waste stream; (4) a catalog of State and local laws that encourage or require the recycling of materials from the municipal solid waste stream; (5) a list of all purchases of recycled materials or products by the Federal Government; (6) a register announcing all solicitations by Federal agencies for the purchase of recycled materials or products; (7) information about state-of-the-art recycling methods, programs, and technologies; and (8) a register of all potential purchasers of recycled materials. Requires that a toll-free telephone hotline be made available to those seeking information from the clearinghouse. Makes a State ineligible for solid waste disposal assistance after December 31, 1994, unless the State maintains and publicizes a register of potential purchasers of recycled materials known to the State solid waste planning authorities. Authorizes appropriations.

15,766

SECTION 1. SHORT TITLE. This Act may be cited as the ``Electric Consumer Right to Know Act'' or the ``e-KNOW Act''. SEC. 2. ELECTRIC CONSUMER RIGHT TO ACCESS ELECTRIC ENERGY INFORMATION. (a) Electric Consumer Right of Access.--Title II of the Public Utility Regulatory Policies Act of 1978 is amended by adding after section 214 the following new section: ``SEC. 215. ELECTRIC CONSUMER RIGHT TO ACCESS ELECTRIC ENERGY INFORMATION. ``(a) Electric Consumer Right to Electric Energy Information.-- ``(1) In general.--Each electric consumer in the United States shall have the right to access (and to authorize 1 or more third parties to access) the retail electric energy information of such electric consumer in electronic machine- readable form, in conformity with nationally recognized open standards, free of charge, and in a manner that is timely and convenient and that provides adequate protections for the security of such information and the privacy of such electric consumer. ``(2) Definitions.--For purposes of this section: ``(A) Retail electric energy information.--The term `retail electric energy information' means the following: ``(i) Usage information.--An electric consumer's electric energy consumption over a defined time period, including information on consumption during not less than the 24 months prior to the date of access of such information by such electric consumer. ``(ii) Pricing information.--Time-based retail electric energy prices applied to the electric consumer. ``(B) Smart meter.--The term `smart meter' means a meter installed by the electric utility that delivers electric energy to an electric consumer at the home or facility of such electric consumer that measures electric energy usage and is capable of communicating electric energy usage information by means of an electronic machine-readable signal in real time or near real time. ``(3) Timeliness and granularity.--The right to access retail electric energy information under paragraph (1) includes, at a minimum, the right to access retail electric energy information-- ``(A)(i) in real time or near real time, for electric consumers served by a smart meter; and ``(ii) as expeditiously after the time of collection as reasonably feasible for electric consumers not served by a smart meter; and ``(B) except as otherwise provided in paragraph (4), data at intervals-- ``(i) not greater than 15 minutes for electric consumers served by a smart meter; and ``(ii) not less frequent than the intervals at which such data is collected by the electric utility providing retail service, for electric consumers not served by a smart meter. ``(4) Retention.--The data interval requirements in paragraph (3)(B) shall not apply to usage data after a period of 24 months from the date such data is recorded. ``(b) Guidelines for Electric Consumer Access.--Not later than 180 days after the date of the enactment of this section, the Commission shall, after consultation with State regulatory authorities, the Secretary of Energy, and other appropriate Federal agencies, and after notice and opportunity for comment, issue guidelines identifying minimum national standards for implementation of the electric consumer right to access retail electric energy information under subsection (a)(1). In formulating such guidelines, the Commission shall, to the extent practicable, preserve the integrity of and be guided by actions already taken by State regulatory authorities to ensure electric consumer access to retail electric energy information, including actions taken after consideration of the standard under section 111(d)(17). Such guidelines shall provide guidance on issues including the timeliness and granularity of retail electric energy information, appropriate nationally recognized open standards for data, and protection of data security and electric consumer privacy. The Commission shall periodically review and, as necessary revise, such guidelines to reflect changes in technology and the market for electric energy and services. ``(c) Enforcement.-- ``(1) Effective date.--This subsection shall be effective on the date that is 1 year after the date the guidelines under subsection (b) are issued. ``(2) Enforcement by state attorneys general.--If the attorney general of a State, or another official or agency of a State with competent authority under State law, has reason to believe that any electric utility that delivers electric energy at retail in the relevant State is not complying with the minimum standards identified by the guidelines issued under subsection (b), the attorney general, official, or agency of the State, as parens patriae, may bring a civil action against such electric utility, on behalf of the electric consumers receiving retail service from such electric utility, in a district court of the United States of appropriate jurisdiction, to compel compliance with such standards. ``(3) Electric consumer enforcement.--Provided no civil action has been brought under paragraph (2), any electric consumer may bring a civil action against the electric utility providing retail electric service to such electric consumer, in a district court of the United States of appropriate jurisdiction, to compel compliance with the minimum standards identified by the guidelines issued under subsection (b). ``(4) Costs and fees.--In any civil action under paragraph (2) or (3), if the party bringing the action is successful in enforcing the standards identified by the guidelines issued under subsection (b), the court may award to such party the costs of the action together with reasonable attorney's fees, as determined by the court. ``(5) Safe harbor.--No civil action may be brought against an electric utility under paragraph (2) or paragraph (3) if the Commission has, within the most recent 2 years, determined that such electric utility, or the State regulatory authority that regulates such electric utility, has adopted and implemented policies, requirements, and measures, as necessary, that comply with the standards identified by the guidelines issued under subsection (b). The Commission shall establish procedures to review the policies, requirements, and measures of State regulatory authorities and electric utilities to assess, and issue determinations with regard to, compliance with such standards.''. (b) Conforming Amendment.--The table of contents for the Public Utility Regulatory Policies Act of 1978 is amended by adding after the item relating to section 214 the following new item: ``Sec. 215. Electric consumer right to access electric energy information.''.

Electric Consumer Right to Know Act or the e-KNOW Act - Amends the Public Utility Regulatory Policies Act of 1978 to grant an electric consumer the right to access the consumer's retail electric energy information in electronic machine-readable form, in conformity with nationally recognized open standards, free of charge, and in a timely and convenient manner that provides adequate protections for information security and the consumer's privacy. Directs the Federal Energy Regulatory Commission (FERC) to issue guidelines identifying minimum national standards to implement such right of access, including: (1) guidance on the timeliness and granularity of retail electric energy information; (2) appropriate nationally recognized open standards for data; and (3) protection of data security and electric consumer privacy. Empowers the attorney general, official, or agency of the state, as parens patriae, to bring a civil action against an electric utility in U.S. district court to compel compliance with such standards. Authorizes the court to award the costs of the action and reasonable attorney's fees to the party bringing a successful civil action to enforce the standards identified by the guidelines issued under this Act.

15,767

SECTION 1. SHORT TITLE. This Act may be cited as the ``Science and Mathematics Early Start Grant Program Act of 1995''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--The Congress finds that-- (1) preschoolers from low-income families have very limited opportunities to be exposed to science and mathematics activities; (2) preschoolers from low-income families need basic, age- appropriate science and mathematics experiences in order to develop educationally at a normal rate; (3) most preschool teachers have little experience with simple science and mathematics activities; (4) attainment of the National Education Goal that calls for United States students to be first in the world in mathematics and science achievement will require a comprehensive, age-appropriate science and mathematics program for preschoolers from low-income families; (5) long-term efforts to train preschool teachers to use science and mathematics activities have been limited in number; and (6) the long-term efforts to train preschool teachers to use science and mathematics activities that have been implemented have shown significant positive results. (b) Purpose.--The purpose of this Act is to provide Head Start teachers with training programs directed toward the use of age- appropriate science and mathematics activities in order to increase their students' interest in and familiarity with science and mathematics. All students should have a basic exposure to science and mathematics activities in order to move the Nation toward the National Goal that United States students will be first in the world in mathematics and science achievement. SEC. 3. MODEL SCIENCE AND MATHEMATICS EARLY START PROGRAMS FOR THE INTRODUCTION OF SCIENCE AND MATHEMATICS IN EARLY CHILDHOOD EDUCATION. (a) Grants Authorized.--The Secretary of Health and Human Services (hereafter referred to in this Act as the ``Secretary'') may award grants, to be known as Science and Mathematics Early Start Grants, to organizations to enable such organizations to support model programs that provide instruction to Head Start personnel regarding the introduction of science and mathematics activities to children enrolled in Head Start programs. (b) Priority.--In awarding grants under this section, the Secretary shall give priority to applicants that demonstrate the ability to-- (1) provide teacher training programs that involve participants in hands-on activities similar to activities that are intended for students; (2) attract broad teacher participation; (3) use experienced teachers as instructors; (4) provide the materials required by the activities described in paragraph (1), but not commonly found in Head Start classrooms, except that not more than 25 percent of the funds awarded for each fiscal year to any organization for a model program shall be used to carry out this paragraph; (5) provide for periodic followup activities conducted, at minimum, during a 6-month period; and (6) provide teachers with college or university experience and credits. (c) Dissemination.--Each recipient of a grant under this section shall report the results of the model program to the Eisenhower National Clearinghouse for Mathematics and Science Education in an appropriate format for dissemination. (d) Authorization of Appropriations.--There are authorized to be appropriated $4,000,000 for fiscal year 1996, and such sums as may be necessary for each of the fiscal years 1997 through 2000, to carry out this section. (e) Evaluation and Report.--The Secretary shall evaluate, and report to the Congress every 2 years (beginning 2 years after the date of enactment of this Act) regarding, the activities assisted under this section. SEC. 4. PROFESSIONAL DEVELOPMENT FUNDING. (a) Program Authorized.--The Secretary may award grants to each of the ten regional Head Start agencies for the purpose of improving teaching and learning through sustained and intensive high-quality professional development activities in science and mathematics at the region and local agency levels. (b) Allocation of Funds.-- (1) Regional allocation.--From the amounts appropriated for a fiscal year under subsection (f), the Secretary shall allot to each of the ten regional Head Start agencies an amount that bears the same ratio to the amount appropriated as the number of children enrolled in the Head Start programs administered by the regional agency bears to the number of children enrolled in all Head Start programs, as determined by the Secretary on the basis of the most recent satisfactory data. In making determinations under this paragraph, the Secretary shall establish a per child ratio amount. (2) Reallocation.--With respect to the allotment of any regional agency that fails to apply for an allotment for any fiscal year, the Secretary shall reallot such amount to the remaining regional agencies in proportion to the original allotment to such agencies. (c) Within-Region Allocations.--Of the amounts received by a regional agency under this section for any fiscal year-- (1) not less than 90 percent of such amounts shall be made available for local permissible activities (hereafter referred to in this Act as ``flow-through funds''); and (2) not to exceed 10 percent of such amounts may be retained by the regional agency, of which-- (A) not to exceed 3 percent of such amounts may be used for the administrative costs of the regional agency; and (B) the remaining amounts shall be used to fund or expand exemplary and innovative science and mathematics professional development programs. (d) Local Plan and Application for Improving Mathematics and Science Teaching and Learning.-- (1) Local application.-- (A) In general.--A local Head Start agency that desires to receive a grant under this section shall prepare and submit to the appropriate regional Head Start agency an application (singly or as a consortium) at such time as the regional agency shall require. (B) Indicators.--As part of an application submitted under subparagraph (a), a local Head Start agency shall establish specific goals and objectives for improving mathematics and science teaching and learning through professional development. (2) Needs assessment.-- (A) In general.--As part of an application submitted under paragraph (1), a local Head Start agency shall include an assessment of local needs for professional development as identified by the local Head Start agency and staff. (B) Requirements.--A needs assessment to be included in an application under subparagraph (A) shall be carried out with the involvement of teachers, and shall take into account the activities that need to be conducted in order to give teachers and, where appropriate, administrators, the means, including the knowledge and skills, to provide Head Start children with the opportunity to develop a strong foundation in mathematics and science. (3) Application contents.--An application submitted under this section shall include the plans of the local Head Start agency for professional development that-- (A) focus on teaching and learning in mathematics and science; (B) have been developed with the extensive participation of Head Start teachers, administrators, staff, and pupil services personnel; (C) include a time line for the professional development activities indicating duration and schedule; and (D) will be periodically reviewed and revised by the local Head Start agency, as necessary, to reflect changes in the strategies and programs of the local Head Start agency under this section. (e) Local Allocation of Funds and Permissible Activities.-- (1) Amount of allocation.--The maximum amount of a grant for which a local Head Start agency may apply under this section shall equal the product of-- (A) the number of children served by the local agency; and (B) the per child ratio amount determined under subsection (b)(1). (2) Reallocation.--If a local Head Start agency does not apply for a grant prior to the grant allocation deadline that is established by the regional Head Start agency involved, the regional agency shall reallocate the amount that any such local agency would have received to the remaining local agencies in proportion to their original grant allocations. (3) Local allocation of funds.--A local Head Start agency that receives a grant under this section for any fiscal year-- (A) shall use not less than 70 percent of the amount received under such grant for the professional development of teachers, and, where appropriate, administrators, and, where appropriate, pupil services personnel, parents, and other staff of individual schools to pay for direct program costs to include-- (i) stipends; (ii) tuition, registrations, and fees; (iii) related travel, food, and lodging; (iv) child care; and (v) training supplies, books, and materials; and (B) may use not to exceed 30 percent of the amount received under such grant for mathematics and science classroom supplies, equipment, and materials. (4) Authorized activities.-- (A) In general.--A local Head Start agency that receives a grant under this section shall use amounts received under such grant for activities that give Head Start teachers and administrators the knowledge and skills to provide children with the opportunity to develop a strong foundation in mathematics and science. (B) Professional development activities.-- Professional development activities funded under this section shall-- (i) take into account recent research on the teaching and learning of mathematics and science; (ii) provide professional development that incorporates effective strategies, techniques, methods, and practices for meeting the educational needs of diverse groups of students, including females, minorities, children with disabilities, limited English proficient children, and economically disadvantaged children; (iii) include preparation for future mathematics and science content and pedagogical components; and (iv) be of sufficient intensity and duration to have a positive and lasting impact on the Head Start teacher's performance in the classroom. (C) Activities.--Amounts received under a grant under this section may be used for professional development activities such as-- (i) professional development for teams of teachers, and, where appropriate, administrators, pupil services personnel, or other staff, to support the teaching of mathematics and science using developmentally appropriate activities; (ii) to enable Head Start teachers and appropriate staff to participate in professional development in mathematics and science programs that are offered through professional associations, universities, community-based organizations, and other providers, such as educational partnership organizations, science centers, and museums, including financial support and time off; (iii) activities that provide follow up for teachers who have participated in professional development activities that are designed to ensure that the knowledge and skills learned by the teacher are implemented in the classroom; (iv) support for partnerships between Head Start agencies, consortia of agencies, and institutions of higher education, including schools of education, which shall encourage teachers to participate in intensive, ongoing mathematics and science programs, both academic and pedagogical, at institutions of higher education; (v) the establishment and maintenance of local professional networks that provide a forum for interaction among teachers and that allow exchange of information on advances in mathematics and science content and teaching pedagogy; (vi) professional development to enable teachers, and, where appropriate, pupil services personnel and other school staff, to ensure that females, minorities, limited English proficient children, children with disabilities, and the economically disadvantaged have full opportunity to develop a strong foundation in mathematics and science; (vii) preparing teachers, and, where appropriate, pupil services personnel to work with parents and families on fostering student achievement in mathematics and science; (viii) professional development activities and other support for new teachers as such teachers move into the Head Start classroom to provide practical support and to increase mathematics and science content and teaching pedagogy for such teachers; (ix) professional development for teachers, parents, early childhood educators, administrators, and other staff to support activities and services related to preschool transition programs to raise student performance in mathematics and science; and (x) developing professional development strategies and programs to more effectively involve parents in helping their children achieve in mathematics and science. (f) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section, $6,000,000 for fiscal year 1996, and such sums as may be necessary for each of the fiscal years 1997 through 2000. (g) Reporting and Accountability.-- (1) Regions.--Not later than September 30, 1996, and each September 30 thereafter, a regional Head Start agency that receives funds under this section shall prepare and submit to the Secretary a report concerning-- (A) the status of the activities and grants completed and currently in operation during the year for which the report is submitted; (B) an evaluation of the implementation of this section; and (C) an evaluation of the effectiveness of local Head Start agency activities assisted under this section. (2) Local head start agencies.--Not later than 3 months after the conclusion of the grant period, the local Head Start agency that receives the grant under this section shall prepare and submit to the appropriate regional Head Start agency a report concerning the progress of such local agency toward meeting the goals and objectives identified in the local application and plan of such local agency, as well as concerning the effectiveness of the activities of the agency under this section. (3) Federal evaluation.--Not later than 2 years after the date of enactment of this Act, the Secretary shall prepare and submit to the President and the appropriate committees of Congress a report concerning the effectiveness of the programs and activities conducted under this section.

Science and Mathematics Early Start Grant Program Act of 1995 - Authorizes the Secretary of Health and Human Services to award Science and Mathematics Early Start Grants to organizations to support model programs that provide instruction to Head Start personnel regarding the introduction of science and mathematics activities to children enrolled in Head Start programs. Sets forth award priorities. Requires grant recipients to report program results to the Eisenhower National Clearinghouse for Mathematics and Science Education for dissemination. Authorizes appropriations. (Sec. 4) Authorizes the Secretary to award grants to each of the ten regional Head Start agencies to improve teaching and learning through professional development activities in science and mathematics at the regional and local agency levels. Sets forth provisions for: (1) regional and within-region allocations of funds; (2) local plans and applications for improving mathematics and science teaching and learning; (3) local allocation of funds; and (4) permissible activities. Authorizes appropriations.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Teacher Loan Repayment Act of 2015''. SEC. 2. LOAN REPAYMENT FOR TEACHERS. (a) Sunsets.--The Higher Education Act of 1965 (20 U.S.C. 1001 et seq.) is amended-- (1) in section 420O-- (A) by striking ``Beginning'' and inserting ``(a) In General.--Beginning''; and (B) by adding at the end the following: ``(b) Sunset.--Beginning on the date of enactment of the Teacher Loan Repayment Act of 2015, the Secretary shall not award funds under this subpart for new TEACH Grants.''; (2) in section 428J, by adding at the end the following: ``(i) Sunset.--Beginning on the date of enactment of the Teacher Loan Repayment Act of 2015, the Secretary shall not enter into a new agreement to assume the obligation to repay a qualified loan amount under this section.''; (3) in section 428K-- (A) by redesignating subsection (h) as subsection (i); and (B) by inserting after subsection (g) the following: ``(h) Sunset.--Beginning on the date of enactment of the Teacher Loan Repayment Act of 2015, the Secretary shall not enter into a new agreement to forgive a qualified loan amount under this section.''; and (4) in section 460, by adding at the end the following: ``(i) Sunset.--Beginning on the date of enactment of the Teacher Loan Repayment Act of 2015, the Secretary shall not enter into a new agreement to cancel the obligation to repay a qualified loan amount under this section.''. (b) Loan Repayment for Teachers.--Title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.) is amended by adding at the end the following: ``PART J--LOAN REPAYMENT FOR TEACHERS ``SEC. 499A. LOAN REPAYMENT FOR TEACHERS. ``(a) Purpose.--The purpose of this section is to encourage highly qualified individuals to enter and continue in the teaching profession, and to ensure qualified effective teachers are encouraged to work in high-need schools. ``(b) Definitions.--In this section: ``(1) Child with a disability.--The term `child with a disability' has the meaning given the term in section 602 of the Individuals with Disabilities Education Act. ``(2) Student loan.--The term `student loan' means a loan-- ``(A) made, insured, or guaranteed under part B, except as provided in subparagraph (C); ``(B) made under part D or E, except as provided in subparagraph (C); or ``(C) made under section 428C or 455(g), to the extent that such loan was used to repay a Federal Direct Stafford Loan, a Federal Direct Unsubsidized Stafford Loan, or a loan made under section 428 or 428H. ``(c) Program Authorized.--The Secretary shall carry out a program under which the Department of Education shall assume the obligation to repay a student loan, by direct payments on behalf of a borrower to the holder of such loan, in accordance with subsection (e), for any borrower who-- ``(1) is not in default on a loan for which the borrower seeks forgiveness; and ``(2) is employed as a full-time teacher for service in an academic year (including such a teacher employed by an educational service agency)-- ``(A) in a public elementary school or secondary school, which, for the purpose of this paragraph and for that year-- ``(i) has been determined by the Secretary (after consultation with the State educational agency of the State in which the school is located) to be a school in which the number of children meeting a measure of poverty under section 1113(a)(5) of the Elementary and Secondary Education Act of 1965, is not less than 40 percent of the total number of children enrolled in such school; and ``(ii) is in a school district served by a local educational agency that is eligible in such year for assistance pursuant to part A of title I of the Elementary and Secondary Education Act of 1965; or ``(B) in a public elementary school or secondary school or location operated by an educational service agency, which, for the purpose of this paragraph and for that year, has been determined by the Secretary (after consultation with the State educational agency of the State in which the educational service agency operates) to be a school or location in which the number of children taught who meet a measure of poverty under section 1113(a)(5) of the Elementary and Secondary Education Act of 1965, is not less than 40 percent of the total number of children taught at such school or location. ``(d) Special Rules.-- ``(1) List.--If the list of schools in which a teacher may perform service pursuant to subsection (c)(2) is not available before May 1 of any year, the Secretary may use the list for the year preceding the year for which the determination is made to make such service determination. ``(2) Continuing eligibility.--Any teacher who performs service in a school during which time their service meets the requirements of subsection (c)(2) in any year, and, in a subsequent year, fails to meet the requirements of such subsection, may continue to teach in such school and shall be eligible for loan cancellation pursuant to this section in subsequent years. ``(3) Choice of loan repayment program.--An individual who, on the date of enactment of the Teacher Loan Repayment Act of 2015, is participating in a loan repayment program under section 428J, 428K, or 460, may choose to continue to participate in such program or may enter into participation in the program under this section if eligible to participate in the program under this section. ``(e) Terms of Loan Repayment.-- ``(1) Borrower agreement.--The Secretary and an individual who desires to receive student loan repayment under this section shall enter into an agreement that includes a provision that to remain eligible to receive student loan repayment under this section, the individual shall remain employed in the school or location for which the individual gained eligibility for student loan repayment under this section. ``(2) Student loan payment amount.-- ``(A) In general.--In the agreement described in paragraph (1), the Secretary shall agree to make a student loan payment for such individual of $250 a month for the first and second year of teaching, $300 a month for the third year of teaching, $350 a month for the fourth year of teaching, and $400 a month for the fifth and sixth year of teaching. ``(B) Maximum total amount.--The maximum total amount of student loan payments made by the Secretary for an individual under this section shall be $23,400. ``(C) Remaining balance.--An individual shall enter repayment on any remaining principal and interest due on a student loan for which the Secretary has made payments under this section after the maximum total amount has been reached under subparagraph (B). ``(3) Beginning of payments.--Nothing in this section shall authorize the Secretary to pay any amount to reimburse a borrower for any student loan payments made by such borrower prior to the date on which the Secretary entered into an agreement with the borrower under this subsection.''.

Teacher Loan Repayment Act of 2015 This bill amends title IV (Student Assistance) of the Higher Education Act of 1965 to modify the financial aid programs for teachers. Specifically, it terminates the authority of the Department of Education (ED) to: (1) award new grants under the Teacher Education Assistance for College and Higher Education (TEACH) Grant program and (2) enter new loan forgiveness agreements under the under the Teacher Loan Forgiveness program. The bill authorizes and directs ED to administer a new loan repayment for teachers program. To qualify, a borrower must be a full-time teacher in a low-income school or location and meet other requirements. ED, on behalf of a qualified borrower, makes $250-$400 direct monthly payments on Federal Family Education Loan or Direct Loan program Subsidized, Unsubsidized, and, in certain circumstances, Consolidation Loans. To remain eligible for loan repayment, a borrower must continue to be employed in the school or location of initial eligibility. The total maximum loan repayment amount is $23,400 over six years. A borrower must repay the remaining principal and interest. An individual who currently participates in the Teacher Loan Forgiveness program may continue participating in such program or enter the new loan repayment for teachers program.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``District of Columbia Court, Offender Supervision, Parole, and Public Defender Employees Equity Act of 2008''. SEC. 2. RETIREMENT CREDIT FOR SERVICE OF CERTAIN EMPLOYEES TRANSFERRED FROM DISTRICT OF COLUMBIA SERVICE TO FEDERAL SERVICE. (a) In General.--Any individual serving as an employee or Member (as those terms are defined by section 8401 of title 5, United States Code) on or after the date of enactment of this Act who performed qualifying District of Columbia service shall be entitled to have such service included in calculating the individual's creditable service under section 8411 of title 5, United States Code, but only for purposes of the following provisions of such title: (1) Section 8410 (relating to eligibility for annuity). (2) Section 8412 (relating to immediate retirement). (3) Section 8413 (relating to deferred retirement). (4) Section 8414 (relating to early retirement). (5) Subchapter IV of chapter 84 (relating to survivor annuities). (6) Subchapter V of chapter 84 (relating to disability benefits). (b) Service Not Included in Computing Amount of Any Annuity.-- Qualifying District of Columbia service shall not be taken into account for purposes of computing the amount of any benefit payable out of the Civil Service Retirement and Disability Fund. SEC. 3. QUALIFYING DISTRICT OF COLUMBIA SERVICE DEFINED. In this Act, ``qualifying District of Columbia service'' means any of the following: (1) Service performed by an individual as a nonjudicial employee of the District of Columbia courts-- (A) which was performed prior to the effective date of the amendments made by section 11246(b) of the Balanced Budget Act of 1997; and (B) for which the individual did not ever receive credit under the provisions of subchapter III of chapter 83 or chapter 84 of title 5, United States Code (other than by virtue of section 8331(1)(iv) of such title). (2) Service performed by an individual as an employee of an entity of the District of Columbia government whose functions were transferred to the Pretrial Services, Parole, Adult Supervision, and Offender Supervision Trustee under section 11232 of the Balanced Budget Act of 1997-- (A) which was performed prior to the effective date of the individual's coverage as an employee of the Federal Government under section 11232(f) of such Act; and (B) for which the individual did not ever receive credit under the provisions of subchapter III of chapter 83 or chapter 84 of title 5, United States Code (other than by virtue of section 8331(1)(iv) of such title). (3) Service performed by an individual as an employee of the District of Columbia Public Defender Service-- (A) which was performed prior to the effective date of the amendments made by section 7(e) of the District of Columbia Courts and Justice Technical Corrections Act of 1998; and (B) for which the individual did not ever receive credit under the provisions of subchapter III of chapter 83 or chapter 84 of title 5, United States Code (other than by virtue of section 8331(1)(iv) of such title). (4) In the case of an individual who was appointed to a position in the Federal Government under the priority consideration program established by the Bureau of Prisons under section 11203 of the Balanced Budget Act of 1997, service performed by the individual as an employee of the District of Columbia Department of Corrections-- (A) which was performed prior to the effective date of the individual's coverage as an employee of the Federal Government; and (B) for which the individual did not ever receive credit under the provisions of subchapter III of chapter 83 or chapter 84 of title 5, United States Code (other than by virtue of section 8331(1)(iv) of such title). SEC. 4. CERTIFICATION OF SERVICE. The Office of Personnel Management shall accept the certification of the appropriate personnel official of the government of the District of Columbia concerning whether an individual performed qualifying District of Columbia service and the length of the period of such service the individual performed.

District of Columbia Court, Offender Supervision, Parole, and Public Defender Employees Equity Act of 2008 - Entitles any individual serving as a federal or congressional employee or a Member of Congress who performed qualifying District of Columbia (D.C.) service to have such service included in calculating such individual's creditable service under the Federal Employees' Retirement System (FERS), but only for purposes of specified sections of FERS. Defines "qualifying D.C. service" to mean certain service performed by an individual as: (1) a D.C. court nonjudicial employee; (2) an employee of an entity of the D.C. government whose functions were transferred to the Pretrial Services, Parole, Adult Supervision, and Offender Supervision Trustee under the Balanced Budget Act of 1997; (3) an employee of the D.C. Public Defender Service; and (4) an employee of the D.C. Department of Corrections that was appointed to a position in the federal government under the priority consideration program established by the Bureau of Prisons. Requires the Office of Personnel Management (OPM) to accept the certification of the appropriate personnel official of the D.C. government concerning qualifying service.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Victims of Agent Orange Relief Act of 2013''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress makes the following findings: (1) From 1961 to 1971, approximately 19,000,000 gallons of 15 different herbicides were sprayed over the southern region of Vietnam. The agents included 13,000,000 gallons of Agent Orange, 4,500,000 gallons of Agent White, 1,000,000 gallons of Agent Blue, 420,000 gallons of Agent Purple, and relatively smaller quantities of the other herbicides. Many of the herbicides, including Agents Orange, Purple, Green, Pink, Dinoxol, and Trinoxol contained the toxic contaminant dioxin (TCDD). One, Agent Blue, contained high levels of arsenic. The aforementioned 15 herbicides, including the contaminant dioxin, are usually collectively referred to as Agent Orange. (2) Studies show that between 2,100,000 and 4,800,000 Vietnamese and tens of thousands of Americans were exposed to Agent Orange during the spraying. Many other Vietnamese were or continue to be exposed to Agent Orange through contact with the environment and food that was contaminated or as offspring of those exposed who now suffer from illnesses and disabilities. (3) Today, there are still dozens of environmental hot spots that continue to contaminate the food, soil, sediment, livestock, and wildlife with Agent Orange. (4) Agent Orange exposure continues to negatively affect the lives of men and women in Vietnam and in the United States. The lives of many victims, including Vietnamese, United States veterans and their offspring, and Vietnamese-Americans, are cut short and others live with disease, disabilities, and pain, often untreated or unrecognized. (5) The Department of Veterans Affairs recognizes certain illnesses and diseases, including AL amyloidosis, chronic B- cell leukemia, chloracne, diabetes mellitus type 2, Hodgkin's disease, ischemic heart disease, multiple myeloma, non- Hodgkin's lymphoma, Parkinson's disease, acute and sub-acute peripheral neuropathy, porphyria cutanea tarda, prostate cancer, respiratory cancers, and soft-tissue sarcomas as associated with the spraying and use of Agent Orange by the United States Armed Forces during the Vietnam era. (6) No similar consideration has been given to affected Vietnamese or Vietnamese-Americans. (7) The Department of Veterans Affairs provides compensation for many severe birth defects among the children of American women veterans who served in Vietnam. The list of birth defects covered includes but is not limited to: achondroplasia, cleft lip, cleft palate, congenital heart disease, congenital talipes equinovarus (clubfoot), esophageal and intestinal atresia, Hallerman-Streiff syndrome, hip dysplasia, Hirschsprung's disease (congenital megacolon), hydrocephalus due to aqueductal stenosis, hypospadias, imperforate anus, neural tube defects, Poland syndrome, pyloric stenosis, syndactyly (fused digits), tracheoesophageal fistula, undescended testes, and Williams syndrome. Affected children of these women veterans receive medical care and other benefits. (8) The only birth defect recognized for the children of male American veterans is spina bifida (but not occulta), resulting in most affected children receiving no benefits. (9) No assistance has been given to the children of male or female Vietnamese or Vietnamese-Americans connected with their exposure, or their parent's or grandparent's exposure. (10) The Institute of Medicine for the past several years has noted that ``it is considerably more plausible than previously believed that exposure to the herbicides sprayed in Vietnam might have caused paternally mediated transgenerational effects . . . attributable to the TCCD contaminant in Agent Orange.'' In recent years, scientific studies have identified likely epigenetic links between exposure to toxins and birth defects and developmental disorders in subsequent generations. Some of the children and grandchildren of exposed persons (Americans, Vietnamese, and Vietnamese-Americans) who were in southern Vietnam during the Vietnam era likely suffer from disorders, birth defects, and illnesses related to Agent Orange. (11) Dating back to 2007, the United States has engaged in environmental remediation of contamination at the Da Nang and Bien Hoa airports, and provided funds for public health and disabilities activities for individuals residing in some affected areas. (b) Purpose.--It is the purpose of this Act to address and remediate the ongoing problems and concerns that arose or will arise from the use of the Agent Orange during the Vietnam era. SEC. 3. ASSISTANCE FOR INDIVIDUALS AFFECTED BY HEALTH ISSUES RELATED TO EXPOSURE TO AGENT ORANGE. (a) For Covered Individuals.--The Secretary of State shall provide assistance to address the health care needs of covered individuals. Such assistance shall include the provision of medical and chronic care services, nursing services, vocational employment training, and medical equipment. (b) For Caregivers.--The Secretary of State shall provide assistance to institutions in Vietnam that provide health care for covered individuals. Such assistance shall include-- (1) medicines and medical equipment; (2) custodial care, home care, respite care, and daycare programs; (3) training programs for caregivers; (4) medical, physical rehabilitation, and counseling services and equipment for illnesses and deformities associated with exposure to Agent Orange; and (5) reconstructive surgical programs. (c) For Housing and Poverty Reduction.--The Secretary of State shall provide assistance to repair and rebuild substandard homes in Vietnam for covered individuals and the families of covered individuals. The Secretary of State shall provide micro grants and loans to facilitate subsistence payments and poverty reduction for covered individuals and families of covered individuals. (d) For Environmental Remediation.-- (1) In general.--The Secretary of State shall provide assistance to remediate those geographic areas of Vietnam that the Secretary determines contain high levels of Agent Orange. (2) Priority.--In providing assistance under this subsection, the Secretary of State shall give priority to heavily sprayed areas, particularly areas that served as military bases where Agent Orange was handled, and areas where heavy spraying and air crashes resulted in harmful deposits of Agent Orange. (e) Administrative Authorities.--The Secretary of State shall-- (1) provide assistance under this section (other than assistance under subsection (d)) through appropriate Vietnamese community and nongovernmental organizations and, where necessary, public agencies; (2) provide assistance under this section to affected persons in all areas of Vietnam, including rural, mountainous, and urban areas; (3) encourage strategic alliances between private and public sector partners as a business model for achieving the goals of this section; and (4) seek out and actively encourage other bilateral donors as well as United States and foreign business enterprises in Vietnam to support the goals of this section through development assistance and corporate philanthropy programs. (f) Covered Individual Defined.--In this section, the term ``covered individual'' means in an individual who-- (1) is a resident of Vietnam; and (2)(A) is affected by health issues related to exposure to Agent Orange which took place during the period beginning on January 1, 1961, and ending on May 7, 1975, or who lives or has lived in or near those geographic areas in Vietnam that continue to contain high levels of Agent Orange as described in subsection (d); or (B) is affected by health issues described in subparagraph (A) as the child or descendant of an individual described in subparagraph (A). SEC. 4. PUBLIC RESEARCH. The Secretary of State and the Secretary of Veterans Affairs shall identify and provide assistance to support research relating to health issues of individuals affected by Agent Orange. Such research should include recommended focus provided by the United States Institute of Medicine as identified in their biennial Veterans and Agent Orange Update, and supported by the active involvement of schools of public health and medicine located in the United States, Vietnam, and other interested countries. SEC. 5. DEPARTMENT OF HEALTH AND HUMAN SERVICES HEALTH ASSESSMENT AND ASSISTANCE FOR VIETNAMESE-AMERICANS. (a) Health Assessment.--The Secretary of Health and Human Services shall make grants to appropriate public health organizations and Vietnamese-American organizations for the purpose of conducting a broad health assessment of Vietnamese-Americans who may have been exposed to Agent Orange and their children or descendants to determine the effects to their health of such exposure. (b) Assistance.--The Secretary of Health and Human Services shall establish centers in locations in the United States where large populations of Vietnamese-Americans reside for the purpose of providing assessment, counseling, and treatment for conditions related to exposure to Agent Orange. The Secretary may carry out this subsection through appropriate community and nongovernmental organizations or other suitable organizations, as determined by the Secretary. SEC. 6. PROVISION OF BENEFITS FOR CHILDREN OF MALE VETERANS WHO SERVED IN VIETNAM WHO ARE AFFECTED BY CERTAIN BIRTH DEFECTS. (a) In General.--Subchapter II of chapter 18 of title 38, United States Code, is amended-- (1) by striking ``woman Vietnam veteran'' each place it appears and inserting ``Vietnam veteran''; (2) by striking ``women Vietnam veterans'' each place it appears and inserting ``Vietnam veterans''; and (3) in the heading of such subchapter, by striking ``WOMEN''. (b) Access to Records for Research Purposes.--Section 1813(b) of such title is amended-- (1) by striking ``The Secretary'' and inserting ``(1) The Secretary''; and (2) by adding at the end the following new paragraph: ``(2) The Secretary shall require any health care provider with whom the Secretary enters into a contract under this subsection to provide access to the medical records of individuals who receive health care under this section to the Department of Veterans Affairs for the purpose of conducting research or providing support for research into the intergenerational effects of Agent Orange exposure.''. (c) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by striking the item relating to subchapter II and inserting the following new item: ``Subchapter II--Children of Vietnam Veterans Born With Certain Birth Defects''. (d) Effective Date.--The amendments made by this section shall take effect on the date that is 30 days after the date of the enactment of this Act. SEC. 7. DEADLINE FOR IMPLEMENTATION. Not later than 180 days after the date of the enactment of this Act, the Secretary of State, the Secretary of Health and Human Services, and the Secretary of Veterans Affairs shall each complete a plan for the implementation of the provisions of this Act, and the amendments made by this Act, applicable to such Secretary and shall issue a request for proposals, if applicable. The Secretary of State, the Secretary of Health and Human Services, and the Secretary of Veterans Affairs shall each implement the provisions of this Act applicable to such Secretary by not later than 18 months after the date of the enactment of this Act. SEC. 8. QUARTERLY REPORTS. Not later than 30 days after the last day of each fiscal quarter beginning on or after 18 months after the date of the enactment of this Act, the Secretary of State, the Secretary of Health and Human Services, and the Secretary of Veterans Affairs shall each submit to Congress a report on the implementation of the provisions of this Act applicable to such Secretary during the immediately preceding fiscal quarter. SEC. 9. DEFINITION. For purposes of this Act, the term ``Agent Orange'' includes any chemical compound which became part, either by design or through impurities, of an herbicide agent used in support of the United States and allied military operations in the Republic of Vietnam.

Victims of Agent Orange Relief Act of 2013 - Defines a "covered individual" as a Vietnam resident who is affected by health issues related to Agent Orange exposure which took place between January 1, 1961, and May 7, 1975, or who lives or had lived in or near geographic areas in Vietnam that continue to contain high levels of Agent Orange, or who is affected by such health issues as the child or descendant of such resident. Directs the Secretary of State to provide assistance: (1) to address the health care needs of covered individuals, (2) to institutions in Vietnam that provide health care to such individuals, (3) to repair and rebuild substandard homes in Vietnam for covered individuals and their families, and (4) to remediate geographic areas of Vietnam that contain high levels of Agent Orange. Directs the Secretary and the Secretary of Veterans Affairs (VA) to provide assistance to support research relating to health issues of individuals affected by Agent Orange. Requires the Secretary of Health and Human Services (HHS) to: (1) make grants to appropriate public health organizations and Vietnamese-American organizations to conduct a broad health assessment of Vietnamese-Americans who may have been exposed to Agent Orange and their children or descendants; and (2) establish centers in U.S. locations where large populations of Vietnamese-Americans reside to provide assessment, counseling, and treatment for conditions related to Agent Orange exposure. Amends veterans benefits provisions to provide benefits to the children of male (currently only female) Vietnam veterans who are affected by certain birth defects. Requires the VA Secretary to require any health care provider with whom the Secretary enters into a contract for the provision of health care to such children to provide the VA access to the medical records of such children for research into the intergenerational effects of Agent Orange exposure.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Immigration Relief and Protection Act of 2006''. SEC. 2. FINDINGS. Congress finds the following: (1) The number of fraudulent immigration consultants preying upon immigrants seeking assistance has risen dramatically in recent years. (2) Fraudulent immigration consultants extract money from aliens, including fees or compensation for services not provided, and give false promises, misleading statements, and baseless guarantees. (3) Many unscrupulous consultants claim that they are immigration attorneys. (4) Fraudulent consultants claim that they have close connections to United States Citizenship and Immigration Services. (5) Victims of immigration fraud are usually afraid to report fraud to Government officials because they are unsure of their rights and are too fearful of deportation. SEC. 3. DEFINITIONS. In this Act: (1) Attorney.--The term ``attorney'' means any individual 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 individual or organization 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 that 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, individual 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 individual which arises under any immigration or naturalization law, Executive order, Presidential proclamation, or action of United States Citizenship and Immigration Services, other component of the Department of Homeland Security, 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 to intentionally or with reckless disregard for the truth to-- (1) make any false or misleading statement, guarantee, or promise 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) demand or retain any fees or compensation for services not performed, or costs that are not actually incurred; (4) represent that a fee may be charged, or charge a fee for the distribution, provision, or submission of any official document or form issued or promulgated by a State or Federal governmental entity, or for a referral of the client to another individual or entity that is qualified to provide services or assistance which the immigration consultant will not provide; (5) refuse to return any document or fail to provide copies supplied by, prepared on behalf of, or paid for by, any client or prospective client, even in the event of a fee dispute; (6) select forms to be filed with any government agency in connection with an immigration matter; (7) disclose any information to, or file any forms or documents with, immigration or other authorities without the knowledge or consent of the client; (8) 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; or (9) 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, 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 immigration consultant cannot provide legal advice or select forms for use by clients or prospective clients, and that the immigration consultant cannot obtain special favors from and has no special influence with, United States Citizenship and Immigration Services. (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, no smaller than 12 inches by 20 inches and in boldface print no smaller than 1 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, United States Citizenship and Immigration Services. (c) Written Contract.--It shall be unlawful for an immigration consultant knowingly to act in an immigration matter unless the immigration consultant 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 immigration consultant 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 immigration consultant is not licensed and authorized to practice law in the State in which the immigration consultant's 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, United States Code, imprisoned not more than one year, or both. SEC. 6. CIVIL ENFORCEMENT. (a) Aggrieved Parties.--Any individual 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 has reasonable cause to believe that any individual or group of individuals 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 individual or group of individuals 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 individuals 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 an aggrieved individual or individuals, the court may also assess a civil penalty not exceeding $50,000 for a first violation and $100,000 for subsequent violations when sought by the Attorney General 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 the States in which they are employed 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 (8 U.S.C. 1324c), section 1546 of title 18, United States Code, and any other applicable Federal, State, or local law. (b) Authorization of Appropriations.-- (1) In general.--There is authorized to be appropriated to the Secretary of Homeland Security $10,000,000 for fiscal year 2007 and each subsequent fiscal year 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 SECRETARY OF HOMELAND SECURITY. (a) Outreach Program.--The Secretary of Homeland Security 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 Department of Homeland Security or other Federal, State, or local agency; and (3) the hotline to be established under subsection (b). (b) Hotline.--The Secretary of Homeland Security 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 (8 U.S.C. 1324c), section 1546 of title 18, United States Code, or any other applicable Federal, State, or local law. Callers may provide information anonymously. In situations determined appropriate by the Secretary of Homeland Security, 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 Secretary of Homeland Security $7,000,000 for fiscal year 2007 and each subsequent fiscal year 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 Secretary of Homeland Security nor any other official or employee of the Department of Homeland Security or of any bureau or agency thereof may use the information provided by any individual (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 alien from the United States or imposing other sanctions against the alien. (b) Exception.--Subsection (a) shall not apply if the Secretary of Homeland Security or other official or employee of the Department of Homeland Security or of any bureau or agency thereof determines that the information referred to in such subsection 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 shall supersede State and local laws, regulations, and municipal ordinances only to the extent that such State and local laws, regulations, and municipal ordinances impede the application of any provision of this Act. States and localities may impose requirements supplementing the requirements imposed by this Act.

Immigration Relief and Protection Act of 2006 - Makes specified immigration-related acts (including advertisements) of immigration consultants unlawful. Establishes criminal and civil penalties for such violations. Directs the Attorney General to establish specified district task forces to enforce such provisions. Directs the Secretary of Homeland Security to establish related outreach programs, including a toll-free hotline. Provides for confidentiality of related information and criminal penalties for violations of such confidentiality.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Civil Aviation Research and Development Authorization Act of 1999''. SEC. 2. AUTHORIZATION OF APPROPRIATIONS. Section 48102(a) of title 49, United States Code, is amended-- (1) by striking ``and'' at the end of paragraph (4)(J); (2) by striking the period at the end of paragraph (5) and inserting in lieu thereof a semicolon; and (3) by adding at the end the following: ``(6) for fiscal year 2000, $208,416,100 including-- ``(A) $17,269,000 for system development and infrastructure projects and activities; ``(B) $33,042,500 for capacity and air traffic management technology projects and activities; ``(C) $11,265,400 for communications, navigation, and surveillance projects and activities; ``(D) $15,765,000 for weather projects and activities; ``(E) $6,358,200 for airport technology projects and activities; ``(F) $39,639,000 for aircraft safety technology projects and activities; ``(G) $53,218,000 for system security technology projects and activities; ``(H) $26,207,000 for human factors and aviation medicine projects and activities; ``(I) $3,481,000 for environment and energy projects and activities; and ``(J) $2,171,000 for innovative/cooperative research projects and activities, of which $750,000 shall be for carrying out subsection (h) of this section; and ``(7) for fiscal year 2001, $222,950,000.''. SEC. 3. BUDGET DESIGNATION FOR RESEARCH AND DEVELOPMENT ACTIVITIES. Section 48102 of title 49, United States Code, is amended by inserting after subsection (f) the following new subsection: ``(g) Designation of Activities.--(1) The amounts appropriated under subsection (a) are for the support of all research and development activities carried out by the Federal Aviation Administration that fall within the categories of basic research, applied research, and development, including the design and development of prototypes, in accordance with the classifications of the Office of Management and Budget Circular A-11 (Budget Formulation/Submission Process). ``(2) The Department of Transportation's annual budget request for the Federal Aviation Administration shall identify all of the activities carried out by the Administration within the categories of basic research, applied research, and development, as classified by the Office of Management and Budget Circular A-11. Each activity in the categories of basic research, applied research, and development shall be identified regardless of the budget category in which it appears in the budget request.''. SEC. 4. NATIONAL AVIATION RESEARCH PLAN. Section 44501(c) of title 49, United States Code, is amended-- (1) in paragraph (2)(B)-- (A) by striking ``and'' at the end of clause (iii); (B) by striking the period at the end of clause (iv) and inserting in lieu thereof ``; and''; and (C) by adding at the end the following new clause: ``(v) highlight the research and development technology transfer activities that promote technology sharing among government, industry, and academia through the Stevenson-Wydler Technology Innovation Act of 1980.''; and (2) in paragraph (3), by inserting ``The report shall be prepared in accordance with requirements of section 1116 of title 31, United States Code.'' after ``effect for the prior fiscal year.''. SEC. 5. INTEGRATED SAFETY RESEARCH PLAN. (a) Requirement.--Not later than March 1, 2000, the Administrator of the National Aeronautics and Space Administration and the Administrator of the Federal Aviation Administration shall jointly prepare and transmit to the Congress an integrated civil aviation safety research and development plan. (b) Contents.--The plan required by subsection (a) shall include-- (1) an identification of the respective research and development requirements, roles, and responsibilities of the National Aeronautics and Space Administration and the Federal Aviation Administration; (2) formal mechanisms for the timely sharing of information between the National Aeronautics and Space Administration and the Federal Aviation Administration, including a requirement that the FAA-NASA Coordinating Committee established in 1980 meet at least twice a year; and (3) procedures for increased communication and coordination between the Federal Aviation Administration research advisory committee established under section 44508 of title 49, United States Code, and the NASA Aeronautics and Space Transportation Technology Advisory Committee, including a proposal for greater cross-membership between those two advisory committees. SEC. 6. INTERNET AVAILABILITY OF INFORMATION. The Administrator of the Federal Aviation Administration shall make available through the Internet home page of the Federal Aviation Administration the abstracts relating to all research grants and awards made with funds authorized by the amendments made by this Act. Nothing in this section shall be construed to require or permit the release of any information prohibited by law or regulation from being released to the public. SEC. 7. RESEARCH ON NONSTRUCTURAL AIRCRAFT SYSTEMS. Section 44504(b)(1) of title 49, United States Code, is amended by inserting ``, including nonstructural aircraft systems,'' after ``life of aircraft''. SEC. 8. ELIGIBILITY FOR AWARDS. (a) In general.--The Administrator of the Federal Aviation Administration shall exclude from consideration for grant agreements made by that Administration with funds appropriated pursuant to the amendments made by this Act any person who received funds, other than those described in subsection (b), appropriated for a fiscal year after fiscal year 1999, under a grant agreement from any Federal funding source for a project that was not subjected to a competitive, merit- based award process, except as specifically authorized by this Act. Any exclusion from consideration pursuant to this subsection shall be effective for a period of 5 years after the person receives such Federal funds. (b) Exception.--Subsection (a) shall not apply to the receipt of Federal funds by a person due to the membership of that person in a class specified by law for which assistance is awarded to members of the class according to a formula provided by law. (c) Definition.--For purposes of this section, the term ``grant agreement'' means a legal instrument whose principal purpose is to transfer a thing of value to the recipient to carry out a public purpose of support or stimulation authorized by a law of the United States, and does not include the acquisition (by purchase, lease, or barter) of property or services for the direct benefit or use of the United States Government. Such term does not include a cooperative agreement (as such term is used in section 6305 of title 31, United States Code) or a cooperative research and development agreement (as such term is defined in section 12(d)(1) of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a(d)(1))). SEC. 9. COMPLIANCE WITH BUY AMERICAN ACT. No funds authorized pursuant to this Act may be expended by an entity unless the entity agrees that in expending the assistance the entity will comply with sections 2 through 4 of the Act of March 3, 1933 (41 U.S.C. 10a-10c, popularly known as the ``Buy American Act''). SEC. 10. SENSE OF THE CONGRESS; REQUIREMENT REGARDING NOTICE. (a) Purchase of American-Made Equipment and Products.--In the case of any equipment or products that may be authorized to be purchased with financial assistance provided under this Act, it is the sense of the Congress that entities receiving such assistance should, in expending the assistance, purchase only American-made equipment and products. (b) Notice to Recipients of Assistance.--In providing financial assistance under this Act, the Administrator of the Federal Aviation Administration shall provide to each recipient of the assistance a notice describing the statement made in subsection (a) by the Congress. SEC. 11. PROHIBITION OF CONTRACTS. If it has been finally determined by a court or Federal agency that any person intentionally affixed a label bearing a ``Made in America'' inscription, or any inscription with the same meaning, to any product sold in or shipped to the United States that is not made in the United States, such person shall be ineligible to receive any contract or subcontract made with funds provided pursuant to this Act, pursuant to the debarment, suspension, and ineligibility procedures described in section 9.400 through 9.409 of title 48, Code of Federal Regulations. SEC. 12. LASER VISUAL GUIDANCE RESEARCH. The Federal Aviation Administration is encouraged to conduct research on the laser visual guidance landing system. Passed the House of Representatives September 15, 1999. Attest: JEFF TRANDAHL, Clerk.

Civil Aviation Research and Development Authorization Act of 1999 - Amends Federal transportation law to authorize FY 2000 and 2001 appropriations for certain Federal Aviation Administration (FAA) research and development (R&D) programs. Requires the Department of Transportation's (DOT) annual budget request for the FAA to identify all of the activities carried out by it within the categories of basic research, applied research, and development, as classified by the Office of Management and Budget (OMB) Circular A-11. (Sec. 4) Requires the FAA's national aviation research plan to include, among other things, a highlight of the R&D technology transfer activities that promote technology sharing among government, industry, and academia through the Stevenson-Wydler Technology Innovation Act of 1980. (Sec. 5) Directs the Administrators of the National Aeronautics and Space Administration and the FAA to submit jointly to Congress an integrated civil aviation safety R&D plan. (Sec. 6) Directs the Administrator of the FAA to make available through the FAA Internet home page abstracts relating to all research grants and awards made with funds authorized by this Act, except any material whose release is prohibited by law or regulation. (Sec. 7) Requires the Administrator of the FAA to conduct research to develop technologies and analyze information to predict the effects of aircraft design, maintenance, testing, wear, and fatigue on nonstructural aircraft systems. (Sec. 8) Directs the Administrator of the FAA to exclude from consideration for a FAA grant any person (except certain members of a recipient class) who received grant funds from a Federal funding source for a project that was not subjected to a competitive, merit-based award process. (Sec. 9) Prohibits an entity from spending funds appropriated under this Act unless it agrees to comply with the Buy American Act. Declares that it is the sense of Congress that entities receiving financial assistance under this Act should spend the assistance to purchase only American-made equipment or products. Requires the Administrator of the FAA to provide each recipient of such assistance notice of such Buy American requirements. (Sec. 11) Prohibits the use of funds for contracts with persons falsely labeling products as made in America. (Sec. 12) Encourages the FAA to conduct research on the laser visual guidance landing system.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Lewis and Clark National Historic Trail Interpretive Center Act of 2014''. SEC. 2. PURPOSES. The purposes of this Act are-- (1) to provide for a pilot program of public-private partnership regarding the operation of the Lewis and Clark National Historic Trail Interpretive Center; (2) to promote the use and development of the Interpretive Center by the Lewis & Clark Foundation, in support of the purposes of Public Law 100-552 (102 Stat. 2766); (3) to allow and promote use of the Interpretive Center, with the goal of achieving financial self-sustainability; and (4) to authorize the Secretary of Agriculture to participate and cooperate in the operation of the Interpretive Center as necessary or desirable to promote-- (A) the conservation and management of United States public land; (B) the use, understanding, and enjoyment of-- (i) the Interpretive Center; and (ii) natural resources and natural history; and (C) interpretation of the historical events associated with-- (i) the Lewis and Clark Expedition; (ii) Native Americans; and (iii) the American West. SEC. 3. DEFINITIONS. In this Act: (1) Foundation.--The term ``Foundation'' means the Lewis & Clark Foundation, a nonprofit corporation existing under the laws of the State (or any successor in interest to that foundation). (2) Grant deed.--The term ``Grant Deed'' means the instrument that-- (A) conveys to the United States from the Montana Department of Fish, Wildlife and Parks a parcel of land comprising 27.29 acres, as depicted on the Map and located in Cascade County, Montana; (B) comprises 8 pages recorded in the land records of Cascade County as document numbered R0040589; and (C) is dated June 6, 2002. (3) Interpretive center.-- (A) In general.--The term ``Interpretive Center'' means the Lewis and Clark National Historic Trail Interpretive Center, located in Great Falls, Montana. (B) Inclusions.--The term ``Interpretive Center'' includes all land, buildings, and fixtures associated with the center described in subparagraph (A). (4) Map.--The term ``Map'' means the map entitled ``Lewis and Clark Interpretive Center, Tract No. 1 of the Certificate of Survey #3942'', filed on April 18, 2002, in the offices of the Clerk and Recorder, Cascade County, Montana. (5) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. (6) State.--The term ``State'' means the State of Montana. SEC. 4. AMENDMENTS. Public Law 100-552 (16 U.S.C. 1244 note; 102 Stat. 2766) is amended-- (1) in section 2-- (A) in subsection (b), in the first sentence, by striking ``donated'' and inserting ``conveyed''; and (B) by striking subsection (c); and (2) in section 3(a), by striking the second sentence. SEC. 5. RATIFICATION OF PRIOR CONVEYANCE. Notwithstanding section 2 of Public Law 100-552 (16 U.S.C. 1244 note; 102 Stat. 2766), the Grant Deed is ratified in accordance with the terms of the Grant Deed. SEC. 6. CONVEYANCE BY LEASE. (a) Pilot Project.-- (1) In general.--Not later than 180 days after the date of enactment of this Act, without further administrative procedures, reviews, or analyses and subject to valid existing rights of record, the Secretary shall carry out a pilot project under which the Secretary shall offer to lease to the Foundation, for no consideration, the land and improvements comprising the Federal interest in the Interpretive Center, including the real property depicted on the Map and conveyed by the Grant Deed. (2) Timing.--At any time, the Secretary and the Foundation may agree to the lease of all or any portion of the property described in paragraph (1)-- (A) at 1 time; or (B) in phases over time. (3) Personal property conveyance.--The Secretary may convey, by deed of gift or lease to the Foundation, for no consideration, such furniture, equipment, and other personal property as the Secretary and the Foundation agree to be appropriate, including any property that has been used in connection with the operation and maintenance of the Interpretive Center on or before the date of enactment of this Act. (b) Terms and Conditions.-- (1) Term.--The lease under subsection (a) shall be-- (A) for a primary term of not more than 40 years; and (B) renewable for additional terms of not more than 40 years each, in accordance with such terms and conditions as the Secretary and the Foundation agree to be appropriate. (2) Condition.--The Secretary-- (A) shall lease any real or personal property pursuant to this section in the existing condition of the property; and (B) has no obligation to repair or replace any such property or improvement. (3) Requirements.-- (A) In general.--The terms of any lease, lease modification, or lease renewal under this section shall be consistent with the requirements of this Act. (B) Other terms and conditions.--The lease may contain such other terms and conditions including provisions relating to-- (i) the partial occupancy and use at reduced or no charges by the Forest Service, other Federal departments or agencies, and any other entities referred to in Public Law 100- 552 (16 U.S.C. 1244 note; 102 Stat. 2766); (ii) capital improvements made by the Foundation, the title to which shall vest in the United States on termination of the lease, unless otherwise agreed to by the Secretary and the Foundation; and (iii) the upkeep and maintenance of any appropriate facilities by the Foundation. (4) Modifications.--The lease may be modified from time to time by mutual written agreement of the Secretary and the Foundation. (5) Termination.--The lease under subsection (a) shall be terminable by the Secretary in any case in which the Secretary determines that the Interpretive Center is-- (A) destroyed by fire or act of God such that the Interpretive Center cannot continue operating, and the Foundation has elected not to construct or reconstruct any necessary improvements; (B) attempted to be sold, mortgaged, or used as security for indebtedness; (C) abandoned or ceases to be used for the purposes of the lease for a consecutive period of 1 year, unless otherwise agreed to by the Foundation and the Secretary; or (D) used in a manner that is inconsistent with the terms of the lease. (c) Administrative Actions.--The Regional Forester, Northern Region, of the Forest Service may act on behalf of the Secretary in carrying out this Act. (d) Reservation of Rights in United States.-- (1) In general.--At all times, the United States shall reserve the right to locate, develop, and use the Interpretive Center for other uses by the Federal Government that are compatible with the purposes and operation of Interpretive Center. (2) Consultation required.--The Foundation shall be consulted prior to any development or use under paragraph (1). (e) Insurance.-- (1) In general.--The Foundation shall maintain general liability insurance for the duration of the lease under this section, in such amount as is agreed to by the Secretary and the Foundation. (2) Requirement.--The United States shall be named as an additional insured under the policy. SEC. 7. USE BY FOUNDATION. The lease under this Act-- (1) shall permit the Foundation to assume stewardship responsibilities for the Interpretive Center, including through-- (A) the sale of souvenirs and merchandise; (B) the provision of food and visitor services; (C) the rental of facilities for short-term events; and (D) the assessment of admission and use fees in an amount determined by the Foundation; and (2) may permit the Foundation, with prior written approval of the Secretary-- (A) to construct or renovate any applicable improvements; and (B) to sublet any space or facility for any use that is compatible with the purposes of the Interpretive Center. SEC. 8. MONETARY PROVISIONS. (a) Admission and Use Fees.--The Foundation shall have sole discretion to establish and charge admission and use fees for the Interpretive Center. (b) Receipts.--The Foundation may retain and use all amounts generated from the operation of the Interpretive Center, including through-- (1) the sale of merchandise; and (2) the assessment of admission and use fees. (c) Accounts.-- (1) In general.--The Foundation shall maintain documents and accounts that are-- (A) prepared by an accountant certified or licensed by a State regulatory authority; and (B) prepared in accordance with generally accepted accounting principles. (2) Inspection.--All documents and accounts of the Foundation shall be open to inspection by-- (A) the Secretary; and (B) other appropriate Federal officials. (d) State and Local Taxes.-- (1) In general.--The Interpretive Center shall be considered to be Federal property for purposes of taxation by the State government and units of local government. (2) Effect of act.--Nothing in this Act exempts the Foundation or the Interpretive Center from the collection and payment of any sales or excise tax. (e) Federal Assistance.-- (1) In general.--Subject to the availability of appropriated funds, the Secretary may provide to the Foundation (including through a cooperative agreement under section 9) such sums as the Secretary determines to be appropriate for-- (A) startup costs; and (B) subsequent maintenance and operational expenses. (2) Other federal assistance.--The Foundation may apply for and receive any Federal grant or other form of Federal assistance for which the Foundation is otherwise eligible, notwithstanding the status of the Foundation as a lessee of, or cooperator with, the United States. SEC. 9. COOPERATIVE AGREEMENTS. (a) In General.--The Secretary and the Foundation at any time may enter into any cooperative agreement to provide Federal financial or other assistance at the Interpretive Center relating to-- (1) the use of Forest Service employees for interpretive or educational services; (2) the use of equipment; (3) the training of staff and volunteers; (4) the provision of interpretive services, including displays, educational programs, and similar information; (5) maintenance and operational expenses; and (6) any other activity that the Foundation and the Secretary determine to be in support of the purposes of Public Law 100-552 (16 U.S.C. 1244 note; 102 Stat. 2766) and this Act. (b) Effect of Act.--Nothing in this Act precludes the use of other cooperative authorities of the Secretary, including the National Trails System Act (16 U.S.C. 1241 et seq.). SEC. 10. RELATIONSHIP TO OTHER LAWS. (a) Public Law 100-552.-- (1) In general.--Except as provided in section 4, Public Law 100-552 (16 U.S.C. 1244 note; 102 Stat. 2766) shall remain in force and effect. (2) Conflicts.--If a conflict arises between Public Law 100-552 (16 U.S.C. 1244 note; 102 Stat. 2766) and any provision of this Act, the provision of this Act shall prevail. (b) Fees and Charges.--The Foundation and the operation of the Interpretive Center shall not be subject to the requirements of Federal Lands Recreation Enhancement Act (16 U.S.C. 6801 et seq.) or any other law relating to the charging of admission or use fees on Federal land or facilities. (c) Federal Laws and Regulations.-- (1) In general.--Notwithstanding the lease under this Act, the Interpretive Center shall continue to be subject to the laws and regulations relating to the National Forest System, unless any such law or regulation is inconsistent with Public Law 100-552 (16 U.S.C. 1244 note; 102 Stat. 2766) or this Act. (2) Regulations.--No provision contained in subpart B of part 251 of title 36, Code of Federal Regulations (as in effect on the date of enactment of this Act), shall apply to the lease authorized by this Act, unless such a provision is incorporated in the lease by agreement of the Secretary and the Foundation. SEC. 11. REPORTS TO CONGRESS. (a) In General.--The Secretary and the Foundation each may submit to Congress, from time to time, reports regarding the status of the pilot project authorized by this Act, including-- (1) an assessment of the lease under the pilot project; and (2) such recommendations as the Secretary or the Foundation determine to be necessary or appropriate for the continued management of the Interpretive Center. (b) Applicability.--The Secretary may advise Congress with respect to the potential applicability of the pilot project under this Act to other interpretive centers within the National Forest System. SEC. 12. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Secretary such sums as are necessary to carry out-- (1) this Act; and (2) Public Law 100-552 (16 U.S.C. 1244 note; 102 Stat. 2766).

Lewis and Clark National Historic Trail Interpretive Center Act of 2014 - Ratifies the conveyance of 27.29 acres of land from the Montana Department of Fish, Wildlife and Parks to the United States. Directs the Department of Agriculture (USDA) to carry out a pilot project under which USDA offers a lease to the Lewis & Clark Foundation of the land and improvements comprising the federal interest in the Lewis and Clark National Historic Trail Interpretive Center located in Great Falls, Montana. Requires the United States to reserve the right to locate, develop, and use the Interpretive Center for other uses by the federal government that are compatible with the purposes and operation of the Center.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Trans-Atlantic Religious Protection Act (TARPA) of 2001''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Article 18 of the Universal Declaration of Human Rights states that ``[e]veryone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance''. (2) Article 18 of the International Covenant on Civil and Political Rights states that ``[n]o one shall be subject to coercion which would impair his freedom to have or adopt a religion or belief of his choice''. (3) The member countries of the Organization for Security and Cooperation in Europe (OSCE) have undertaken a series of specific commitments designed to ensure the freedom of the individual to profess and practice religion or belief, including a commitment by those countries to ensure the full and effective exercise of the freedom of thought, conscience, religion, or belief, in their laws and regulations. (4) Principle VII of the Helsinki Final Act commits the OSCE member countries to ``recognize and respect the freedom of the individual to profess and practice, alone or in community with others, religion or belief acting in accordance with the dictates of his own conscience''. (5) The 1989 Vienna Concluding Document commits the OSCE member countries to ``take effective measures to prevent and eliminate discrimination against individuals or communities on the grounds of religion or belief in the recognition, exercise and enjoyment of human rights and fundamental freedoms in all fields of civil, political, economic, social and cultural life''. (6) In the 1991 Moscow Document, the OSCE member countries ``categorically and irrevocably declare that the commitments undertaken in the field of the human dimension . . . are matters of direct and legitimate concern to all participating States and do not belong exclusively to the internal affairs of the State concerned''. (7) Freedom of thought, conscience, religion, or belief is inextricably linked to the exercise of other rights, including the right to freedom of peaceful assembly and association, the right to freedom of association with others, and the right to freedom of expression, and the recognition that all persons are equal before the law and are entitled without any discrimination to the equal protection of the law, including in employment. (8) The United States Department of State's annual reports on religious freedom and human rights have documented numerous instances of government discrimination in Western Europe based on religion or belief, including discriminatory acts against American members of several different religious denominations and beliefs. (9) Both the Office of the United States Trade Representative and the Department of State have objected to the use of discriminatory procurement practices by German Federal, state and local governmental agencies and private entities which have the potential to discriminate against United States firms in procurement decisions by permitting agencies and firms to reject bids and terminate contracts with firms that do not attest that the firm and its employees are not affiliated with certain religious beliefs. (10) In France, Federal and local governmental agencies, as well as private businesses responding to French Government actions, have terminated contracts with a United States-owned software firm solely because of the religious beliefs of the firm's founder. (11) A law enacted by the French Parliament on May 30, 2001, contains repressive measures which would have a chilling effect on the freedom religion and belief, including the dissolution of targeted religious associations, the imprisonment of members of such groups, and infringement upon freedom of speech, including speech intended to persuade another person to a particular point of view, whether philosophical or religious. (12) His Holiness Pope John Paul II has spoken out against the new French law as potentially devastating. While formally accepting the credentials of the new French Ambassador to the Holy See, the Pope reminded the ambassador that ``religious liberty in the full sense of the term, is the first human right . . . [t]his means a liberty which is not reduced to the private sphere only . . . [t]o discriminate [against] religious beliefs, or to discredit one or another form of religious practices is a form of exclusion contrary to the respect of fundamental human values and will eventually destabilize society, where a pluralism of thought and action should exist, as well as a benevolent and brotherly attitude . . . [t]his will necessarily create a climate of tension, intolerance, opposition and suspect, not conducive to social peace''. (13) United States Department of State officials testifying on the new French law before the Senate Foreign Relations Committee on May 1, 2001, and the House Committee on International Relations on July 11, 2001, underscored that ``[t]he United States is concerned that such policies are becoming institutionalized in some parts of Europe and are having the effect of appearing to justify restrictive laws elsewhere such as Russia, Central Asia, and even China''. (14) A 1996 French National Assembly report listed 173 organizations as suspect, including independent evangelical Christian churches, Scientologists, Jehovah's Witnesses, and Unificationists and this report has been used by both private and official entities to harass, intimidate, deny employment, and deny commercial loans to listed groups, and members of other religious groups, such as Southern Baptists, Seventh Day Adventists, the Catholic Charismatic Renewal movement, Opus Dei, and the Society of Jesus, have also been subject to recent discrimination and harassment at the hands of the French Government. (15) The Parliament of Austria passed a law in 1997 which codified a tiered system of government recognition and preferential treatment and which requires religious groups seeking recognition to undergo government surveillance for at least 10, or up to 20, years to prove legitimacy to government officials. (16) The Austrian law on religion is cited as justification for more repressive laws being proposed in nascent democracies further east, such as Hungary and Romania, and has been cited by Russian officials as justification for an oppressive 1997 Russian religion law. (17) The Government of Austria has instituted a ``sect'' office which disseminates official propaganda on religious groups not recognized by the government and leading to a chilling effect on religious liberty. (18) The Parliament of Belgium issued a report in 1997 on ``sects'' with a widely circulated informal appendix listing 189 groups as suspect, including many Protestant and Catholic groups, Quakers, Hasidic Jews, Buddhists, and members of the Young Women's Christian Association (YWCA), based on rumor and speculation found in police files, and implicitly warning the public to avoid such ``dangerous'' groups. (19) The Parliament of Belgium has established a government Center for Information and Advice on Harmful Sectarian Organizations which disseminates official views on groups considered ``sects'' as defined by the list in the appendix to the 1997 Belgian Parliament report. (20) On April 29, 1998, the Italian Ministry of Internal Affairs sent a report to the lower house of the Italian Parliament entitled ``Cults and New Magical Movements in Italy''. This report mentions that the Ministry of Internal Affairs monitors 137 groups--76 of which are categorized as ``new religions'' and 61 as ``new magical movements''. This report, according to Dr. Massimo Introvigne of CESNUR in Italy, notes that ``the real danger is that, because of the media event created around the report, respectable and law-abiding citizens who happen to be members of movements mentioned, but explicitly exonerated from any charge in the report may be discriminated against or maligned''. (21) Some evangelical and charismatic Christian churches have been targeted in parliamentary investigations in France, Belgium, and Germany. (22) Jehovah's Witnesses have been subjected in France to various forms of harassment, have been informed by German state tax authorities that the long-standing exemption from property taxation for their houses of worship may be canceled in the near future, continue to suffer from employment discrimination in Austria, France, and Germany, and have been discriminated against in foster parent proceedings in Germany and in some child custody matters in Belgium. (23) Muslims have been subjected to harassment, including police brutality and attacks by extremist groups, particularly in Germany and France, and Muslim women are subject to frequent discrimination and other forms of abuse and harassment because they wear a head covering. (24) Adherents to the Church of Jesus Christ of Latter-day Saints have been subject to continued acts of harassment, including confiscation of religious materials, and are prevented from freely sharing their beliefs in several Organization for Security and Cooperation in Europe (OSCE) member countries. (25) Members of the Church of Scientology have been subject to pervasive civil, political, and economic discrimination, harassment, surveillance, and orchestrated boycotts in Germany, France, Belgium, and Austria. (26) The Law of Sects in Spain, passed in 1989, authorizes the police to investigate ``sects'' with a ``destructive'' character. As a result, a special unit was created within the police to investigate these allegedly dangerous sects. (27) The Government of the Canary Islands, one of Spain's 17 regions, has refused to grant permission to the Salvation Army to open a center for needy children on the grounds that the Salvation Army is categorized as a ``destructive sect''. (28) Actions by Western European governments have contributed to intolerance by public and private actors who have discriminated in hiring practices or terminated employment based on an individual's religious affiliation. (29) The September 11, 2001, terrorist attacks against the United States have intensified fears of infringement and violations of religious freedom, with experts cautioning against the use of the antiterrorism effort as an excuse for arbitrary abuses and proliferation of anti-sect laws and lists such as those used by European countries to monitor or restrict particular religious groups. SEC. 3. DIPLOMATIC EFFORTS. (a) General Efforts.--The President and the Secretary of State-- (1) shall raise violations of freedom of thought, conscience, religion, or belief at every appropriate level with representatives of European countries that have failed to implement their international commitments and obligations in this regard; (2) shall make full use of existing meetings and structures of international organizations and multilateral fora to raise violations by Organization for Security and Cooperation in Europe (OSCE) member countries of freely undertaken international commitments both to protect and to provide for the full and effective exercise of the freedom of thought, conscience, religion, or belief under their respective jurisdictions; and (3) to the maximum extent practicable, shall appoint experts on religious liberty to United States delegations to appropriate meetings of international organizations. (b) United States-EU Inter-Parliamentary Meetings.--United States representatives to the United States-European Union Inter-Parliamentary meetings, should raise at such meetings the issue of laws, regulations, and other practices in the members countries which infringe upon freedom of thought, conscience, religion or belief and take concrete steps to address these violations. SEC. 4. ACTIONS BY DEPARTMENT OF STATE. (a) Diversity and Tolerance Exchanges.--The Secretary of State, through the Bureau of Educational and Cultural Exchange, shall promote educational and cultural workshops and forums among academics, religious leaders, and human rights organizations in the United States and their European counterparts in an effort to promote a better understanding of religious and philosophical diversity and a tolerant society. (b) Human Rights Monitors.--The Secretary of State, through the Bureau of Democracy, Human Rights, and Labor and the Bureau of Diplomatic and Consular Affairs, shall train United States human rights monitors stationed at European posts to identify, investigate, and monitor persecution and discrimination on the basis of religion or belief. (c) Denial of Visas.--The Secretary of State may not issue a visa to, and the Attorney General shall exclude from the United States, any alien who the Secretary of State determines is a high-ranking official of the government of a country, or a commercial or other entity of a government, which is in violation of international obligations to guarantee and ensure the full and effective exercise of freedom of thought, conscience, religion, or belief. (d) Travel Advisories.--The Secretary of State shall issue travel advisories on countries which discriminate on the basis of religion or belief advising Americans of the potential dangers faced by individuals who are members of targeted groups. SEC. 5. ACTIONS BY UNITED STATES TRADE REPRESENTATIVE. The President shall, in accordance with section 301(a)(1) of the Trade Act of 1974 (19 U.S.C. 2411(a)(1)), direct the United States Trade Representative-- (1) to take all appropriate action authorized under section 301(c) of such Act against each European country the government of which engages in or tolerates violations of religious freedom (as determined under section 401 of the International Religious Freedom Act of 1998), including the imposition of duties or other import restrictions on goods of such country that are similar to the goods of a United States individual or United States business (or its subsidiary) that is subject to such violations of religious freedom; and (2) to initiate appropriate action at the World Trade Organization against each European country described in paragraph (1). SEC. 6. ACTIONS BY DEPARTMENT OF COMMERCE. The President shall direct the Secretary of Commerce-- (1) to incorporate into the programs and assistance of the International Trade Administration guidelines and warnings regarding the discriminatory practices of European countries against United States products or businesses (and their subsidiaries) on the basis of religion or belief; and (2) to make it a priority to advocate on behalf of United States businesses being discriminated against by European countries on the basis of religion or belief to ensure full market access and achieve full compliance by such countries with international trade agreements and accords entered into with the United States. SEC. 7. PRESIDENTIAL WAIVER. (a) Waiver.--Subject to subsection (b), the President may waive any provision of this Act with respect to a country if the President determines and so reports to Congress that-- (1) the government of the country has ceased the violations giving rise to the action under this Act; (2) the exercise of the waiver would further the purposes of this Act; or (3) it is important to the national interests of the United States to do so. (b) Congressional Notification.--Prior to exercising his authority to waive any provision of this Act pursuant to subsection (a), the President shall notify Congress of the waiver together with a detailed justification thereof.

Trans-Atlantic Religious Protection Act (TARPA) of 2001 - Directs the President and the Secretary of State to raise violations of freedom of thought, conscience, religion, or belief at every level (including at international meetings) with representatives of European countries that have failed to implement their international commitments and obligations with respect to such freedoms.Directs the Secretary of State to: (1) promote educational and cultural workshops and forums among academies, religious leaders, and human rights organizations in the United States and in Europe in an effort to promote a better understanding of religious and philosophical diversity and a tolerant society; (2) train U.S. human rights monitors stationed at European posts to identify, investigate, and monitor persecution and discrimination on the basis of religion or belief; and (3) issue travel advisories on countries which discriminate on the basis of religion or belief advising Americans of potential dangers faced by individuals who are members of targeted groups. Authorizes the Secretary of State not to issue a visa to, and requires the Attorney General to exclude from the United States, any alien who is a high-ranking official of a government which is in violation of international obligations to guarantee such freedoms.Directs the U.S. Trade Representative to impose certain trade sanctions against European countries that engage in or tolerate violations of religious freedom.Directs the Secretary of Commerce to incorporate into International Trade Administration programs guidelines and warnings regarding discriminatory practices of European countries against U.S. products or businesses on the basis of religion.

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TITLE I--GENERAL PROVISIONS SEC. 101. SHORT TITLE. This Act may be cited as the ``Family Unity Demonstration Project Act of 1993''. SEC. 102. FINDINGS AND PURPOSES. (a) Findings.--Congress finds the following: (1) An increasing number of children are becoming separated from their primary caretaker parents due to the incarceration of such parents in prisons and jails. (2) This separation of children from their primary caretaker parents can cause irreparable harm to the children's psychological well-being and hinder their growth and development. (3) A significant number of children are born shortly before or during the incarceration of their mothers and are then quickly separated from their mothers, preventing the parent-child bonding that is crucial to developing in children a sense of security and trust. (4) Maintaining close relationships with their children provides a powerful incentive for prisoners to participate in and successfully benefit from rehabilitative programs. (5) Maintaining strong family ties during imprisonment has been shown to decrease recidivism, thereby reducing prison costs. (b) Purposes.--The purposes of this Act are-- (1) to create demonstration projects designed to alleviate the harm to children and primary caretaker parents caused by separation due to the incarceration of such parents, (2) to promote development of policies to assign prisoners whenever possible to correctional facilities for which they qualify closest to their family homes, (3) to reduce prison populations, (4) to reduce recidivism rates of prisoners by encouraging strong and supportive family relationships, and (5) to reduce the cost of providing correctional services and maintaining traditional correctional facilities by decreasing recidivism and maintaining community correctional facilities at lower cost. SEC. 103. DEFINITIONS. For purposes of this Act: (1) Attorney general.--The term ``Attorney General'' means the Attorney General of the United States. (2) Child.--The term ``child'' means an individual who is less than 6 years of age. (3) Community correctional facility.--The term ``community correctional facility'' means a residential facility that-- (A) is used only for eligible prisoners and their children, (B) is neither physically part of, nor in the vicinity of, a jail or prison, (C) is located in a nonrural area, (D) has a maximum capacity of 25 prisoners in addition to their children, and (E) provides to residents-- (i) a safe, wholesome, stable, caring, and stimulating environment for children, under the supervision of child development professionals, (ii) pediatric and adult medical care consistent with medical standards, (iii) culturally sensitive programs to improve the stability of the parent-child relationship, including educating parents regarding-- (I) child development, and (II) household management, (iv) alcoholism and drug addiction treatment for prisoners and age-appropriate substance abuse education for their children, (v) programs and support services to help residents-- (I) to improve and maintain mental and physical health, including access to counseling and other community services, (II) to obtain adequate housing upon release from State incarceration, (III) to obtain suitable education, employment, or training for employment, and (IV) to obtain suitable child care. (4) Eligible prisoner.--The term ``eligible prisoner'' means a primary caretaker parent who-- (A) is sentenced to a term of imprisonment of not more than 10 years, (B) is incarcerated currently to serve such sentence, (C) is not eligible currently for probation or parole until the expiration of a period exceeding 180 days, and (D) has never been convicted of-- (i) homicide, (ii) inflicting, or threatening to inflict, serious bodily injury on another individual, for which the term of imprisonment exceeds 1 year, (iii) kidnapping, (iv) child neglect or mental, physical, or sexual abuse of a child, (v) forcible rape, or (vi) sodomy or oral copulation, by force. (5) Institute.--The term ``Institute'' means the National Institute of Corrections. (6) Primary caretaker parent.--The term ``primary caretaker parent'' means-- (A) a parent who-- (i) has exclusive legal custody of a child, and (ii) before incarceration, assumed responsibility for the housing (including temporary placement in the home of a responsible adult), health, and safety of such parent's child, or (B) a woman who gives birth to a child during, or in the 1-year period preceding, the term for which such woman is currently incarcerated. (7) State.--The term ``State'' means any of the several States or the District of Columbia. SEC. 104. AUTHORIZATION OF APPROPRIATIONS. (a) Authorization.--There is authorized to be appropriated $8,000,000 for each of the fiscal years 1993, 1994, 1995, 1996, and 1997 to carry out this Act. (b) Availability of Appropriations.--Of the amount appropriated under subsection (a) for any fiscal year-- (1) 80 percent shall be available to carry out title II, and (2) 20 percent shall be available to carry out title III. TITLE II--GRANTS TO STATES SEC. 201. AUTHORITY TO MAKE GRANTS. (a) General Authority.--The Director of the Institute is authorized to make grants, on a competitive basis, to States to carry out in accordance with this title family unity demonstration projects that enable eligible prisoners to live in community correctional facilities with their children. (b) Preference.--For the purpose of making grants under subsection (a), the Institute shall give preference to any eligible State that includes in the application required by section 202 assurances that if such State receives such a grant-- (1) both the State corrections agency and the State health and human services agency will participate substantially in, and cooperate closely in all aspects of, the development and operation of the family unity demonstration project for which such a grant is requested, (2) public and nonprofit private community-based organizations will be integrally involved in carrying out such project, both in an advisory capacity and as contractors, (3) boards made up of community residents, local businesses, corrections officials, former prisoners, child development professionals, educators, and maternal and child health professionals will be established to advise the State regarding the operation of such project, (4) the State will show a commitment to using community placement as an alternative to traditional incarceration, to decrease the prison population and not as an alternative to placement in halfway houses, (5) the State will target economically disadvantaged, incarcerated prisoners and their children for participation in such project, (6) the State has in effect a policy that provides for the placement of all prisoners, whenever possible, in correctional facilities for which they qualify that are located closest to their respective family homes, (7) the State will implement such project not later than 180 days after receiving a grant under subsection (a) and will expend all of such grant during a 1-year period, and (8) for the purpose of selecting eligible prisoners to participate in such project, the State will-- (A) give written notice to a prisoner, not later than 30 days after the State first receives a grant under subsection (a) or 30 days after such prisoner is sentenced to a term of imprisonment of not more than 10 years (whichever is later), of the proposed or current operation of such project, as the case may be, (B) accept at any time such project is in operation an application by such prisoner to participate in such project if, at the time of application, the remainder of the sentence of such prisoner exceeds 180 days, (C) review applications by prisoners in the sequence in which the State receives such applications, (D) not less than 10 days before reviewing a particular application to participate in such project, the State will give to the prisoner who submitted such application and to each caretaker, custodian, or guardian of the child of such prisoner written notice that-- (i) the State will review such application, (ii) for the purpose of such review, there is a rebuttable presumption that it is in the best interest of such child to resume living with such prisoner if such application is approved, and (iii) the State will accept from the recipients of such notice comments with respect to such application, and (E) not more than 40 days after giving such notice-- (i) approve or disapprove such application, and (ii) give such prisoner and such caretaker, custodian, or guardian written notice of, and a statement of the reasons for, the approval or disapproval of such application. (c) Selection of Grantees.--The Institute shall make grants under subsection (a) on a competitive basis, based on such criteria as the Institute shall issue by rule and taking into account the preference required by subsection (b). (d) Number of Grants.--In any fiscal year for which funds are available to carry out this title, the Institute shall make grants to 5 eligible States geographically dispersed throughout all regions of the United States. SEC. 202. ELIGIBILITY TO RECEIVE GRANTS. To be eligible to receive a grant under section 201(a), a State shall submit to the Institute an application at such time, in such form, and containing such information, as the Institute reasonably may require by rule. SEC. 203. REPORT. Each State that receives a grant under this title shall submit a report to the Institute regarding the family unity demonstration project for which such grant is expended. Such report shall be submitted not later than 90 days after the 1-year period in which such grant is required to be expended. Such report shall-- (1) specify the number of prisoners who submitted, in such 1-year period, applications to participate in such project and the number of prisoners who were placed in such project, (2) specify, with respect to prisoners placed in such project, the number of prisoners who returned from such project to prison or jail, (3) a description of the nature and scope of educational and training activities provided to prisoners participating in such project, and (4) specify the number, and describe the scope of, contracts made with public and nonprofit private community- based organizations to carry out such project. TITLE III--FAMILY UNITY DEMONSTRATION PROJECT FOR FEDERAL PRISONERS SEC. 301. AUTHORITY OF THE ATTORNEY GENERAL. With funds available to carry out this title for the benefit of federal prisoners and acting through the Bureau of Prisons, the Attorney General shall carry out a family unity demonstration project that enables eligible prisoners to live in community correctional facilities with their children. SEC. 302. REQUIREMENTS. For the purpose of carrying out a family unity demonstration project under section 301, the Attorney General shall-- (1) comply with the requirements specified in paragraphs (2), (3), (4), (5), (7), and (8) of section 201(b) to the extent a recipient of a grant under section 201(a) is required to comply with such requirements, (2) consult with the Secretary of Health and Human Services regarding the development and operation of such project, and (3) submit to the National Institute of Corrections a report of the kind described, and at the time specified, in section 203 regarding the operation of such project.

TABLE OF CONTENTS: Title I: General Provisions Title II: Grants to States Title III: Family Unity Demonstration Project for Federal Prisoners Title I: General Provisions - Family Unity Demonstration Project Act of 1993 - Authorizes appropriations for State (80 percent) and Federal (20 percent) family unity demonstration projects that enable eligible prisoners to live in community correctional facilities with their children for purposes of alleviating harm to children and primary caretaker parents caused by separation due to incarceration, promoting policies to assign prisoners to correctional facilities for which they qualify closest to their family homes, reducing prison populations and recidivism rates, and reducing the cost of providing correctional services. Title II: Grants to States - Authorizes the Director of the National Institute of Corrections (NIC) to make grants to States to carry out such projects, giving preference to States providing assurances that: (1) the State corrections and health and human services agencies will participate and cooperate closely in the development and operation of the project; (2) public and nonprofit private community-based organizations will be integrally involved; (3) the State will target economically disadvantaged, incarcerated prisoners and their children for participation; (4) the State has a policy that provides for the placement of prisoners in correctional facilities for which they qualify that are located closest to their family homes; and (5) the State will follow specified guidelines in selecting prisoners to participate. Directs the NIC to make grants on a competitive basis to five eligible States geographically dispersed throughout the United States. Sets forth conditions for grant eligibility and State reporting requirements. Title III: Family Unity Demonstration Project for Federal Prisoners - Directs the Attorney General to: (1) carry out a family unity demonstration project that enables eligible prisoners to live in community correctional facilities with their children; (2) comply with preference and reporting requirements established under this Act; and (3) consult with the Secretary of Health and Human Services regarding development and operation of such project.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Money Follows the Person Act of 2003''. SEC. 2. FINDINGS. Congress makes the following findings: (1) In his budget for fiscal year 2004, President George W. Bush proposes a ``Money Follows the Person'' rebalancing initiative under the medicaid program to help States rebalance their long-term services support systems more evenly between institutional and community-based services. (2) The President, by proposing this initiative, and Congress, recognize that States have not fully developed the systems needed to create a more equitable balance between institutional and community-based services spending under the medicaid program. (3) While a few States have been successful at achieving this balance, nationally, approximately 70 percent of the medicaid funding spent for long-term services is devoted to nursing facilities and intermediate care facilities for the mentally retarded. Only 30 percent of such funding is spent for community-based services. (4) As a result, there are often long waiting lists for community-based services and supports. (5) In the Americans with Disabilities Act of 1990, Congress found that individuals with disabilities continue to encounter various forms of discrimination, including segregation, and that discrimination persists in such critical areas as institutionalization. (6) In 1999, the Supreme Court held in Olmstead v. LC (527 U.S. 581 (1999)) that needless institutionalization is discrimination under the Americans with Disabilities Act of 1990, noting that institutional placement of people who can be served in the community ``perpetuates unwarranted assumptions that persons so isolated are unworthy of participating in community life.'' (Id. at 600). The Court further found that ``confinement in an institution severely diminishes the everyday life activities of individuals, including family relations, social contacts, work options, economic independence, educational advancement, and cultural enrichment.'' (Id. at 601). (7) Additional resources would be helpful for assisting States in rebalancing their long-term services support system and complying with the Olmstead decision. SEC. 3. AUTHORITY TO CONDUCT MEDICAID DEMONSTRATION PROJECTS. (a) Definitions.--In this section: (1) Community-based services and supports.--The term ``community-based services and supports'' means, with respect to a State, any items or services that are an allowable expenditure for medical assistance under the State medicaid program, or under a waiver of such program and that the State determines would allow an individual to live in the community. (2) Individual's representative; representative.--The terms ``individual's representative'' and ``representative'' mean a parent, family member, guardian, advocate, or authorized representative of an individual. (3) Medicaid long-term care facility.--The term ``medicaid long-term care facility'' means a hospital, nursing facility, or intermediate care facility for the mentally retarded, as such terms are defined for purposes of the medicaid program. (4) Medicaid program.--The term ``medicaid program'' means the State medical assistance program established under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.). (5) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. (6) State.--The term ``State'' has the meaning given such term for purposes of the medicaid program. (b) State Application.--A State may apply to the Secretary for approval to conduct a demonstration project under which the State shall provide community-based services and supports to individuals-- (1) who are eligible for medical assistance under the medicaid program; (2) who are residing in a medicaid long-term care facility and who have resided in such facility for at least 90 days; and (3) with respect to whom there has been a determination that but for the provision of community-based services and supports, the individuals would continue to require the level of care provided in a medicaid long-term care facility. (c) Requirements.--A State is not eligible to conduct a demonstration project under this section unless the State certifies the following: (1) With respect to any individual provided community-based services and supports under the demonstration project, the State shall continue to provide community-based services and supports to the individual under the medicaid program (and at the State's Federal medical assistance percentage (as defined in section 1905(b) of the Social Security Act) reimbursement rate), for as long as the individual remains eligible for medical assistance under the State medicaid program and continues to require such services and supports, beginning with the month that begins after the 12-month period in which the individual is provided such services and supports under the demonstration project. (2) The State shall allow an individual participating in the demonstration project (or, as appropriate, the individual's representative) to choose the setting in which the individual desires to receives the community-based services and supports provided under the project. (3) The State shall identify and educate individuals residing in a medicaid long-term care facility who are eligible to participate in the demonstration project (and, as appropriate the individual's representative) about the opportunity for the individual to receive community-based services and supports under the demonstration project. (4) The State shall ensure that each individual identified in accordance with paragraph (3) (and, as appropriate, the individual's representative), has the opportunity, information, and tools to make an informed choice regarding whether to transition to the community through participation in the demonstration project or to remain in the medicaid long-term care facility. (5) The State shall maintain an adequate quality improvement system so that individuals participating in the demonstration project receive adequate services and supports. (6) The State shall conduct a process for public participation in the design and development of the demonstration project and such process shall include the participation of individuals with disabilities, elderly individuals, or individuals with chronic conditions who are part of the target populations to be served by the demonstration project, and the representatives of such individuals. (7) The Federal funds paid to a State pursuant to this section shall only supplement, and shall not supplant, the level of State funds expended for providing community-based services and supports for individuals under the State medicaid program as of the date the State application to conduct a demonstration project under this section is approved. (d) Approval of Demonstration Projects.-- (1) In general.--Subject to paragraph (2), the Secretary shall conduct a competitive application process with respect to applications submitted under subsection (b) (taking into consideration the preferences provided under paragraph (2)) that meet the requirements of subsection (c). In determining whether to approve such an application, the Secretary may waive the requirement of-- (A) section 1902(a)(1) of the Social Security Act (42 U.S.C. 1396a(a)(1)) to allow for sub-State demonstrations; (B) section 1902(a)(10)(B) of such Act (42 U.S.C. 1396a(a)(10)(B)) with respect to comparability; and (C) section 1902(a)(10)(C)(i)(III) of such Act (42 U.S.C. 1396a(a)(10)(C)(i)(III)) with respect to income and resource limitations. (2) Preference for certain applications.--In approving applications to conduct demonstration projects under this section, the Secretary shall give preference to approving applications that indicate that the State shall do the following: (A) Design and implement enduring improvements in community-based long-term services support systems within the State to enable individuals with disabilities to live and participate in community life, particularly with respect to those practices that will ensure the successful transition of such individuals from medicaid long-term care facilities into the community. (B) Design and implement a long-term services support system in the State that prevents individuals from entering medicaid long-term care facilities in order to gain access to community-based services and supports. (C) Engage in systemic reform activities within the State to rebalance expenditures for long-term services under the State medicaid program through administrative actions that reduce reliance on institutional forms of service and build up more community capacity. (D) Address the needs of populations that have been underserved with respect to the availability of community services or involve individuals or entities that have not previously participated in the efforts of the State to increase access to community-based services. (E) Actively engage in collaboration between public housing agencies, the State medicaid agency, independent living centers, and other agencies and entities in order to coordinate strategies for obtaining community integrated housing and supportive services for an individual who participates in the demonstration project, both with respect to the period during which such individual participates in the project and after the individual's participation in the project concludes, in order to enable the individual to continue to reside in the community. (F) Develop and implement policies and procedures that allow the State medicaid agency to administratively transfer or integrate funds from the State budget accounts that are obligated for expenditures for medicaid long-term care facilities to other accounts for obligation for the provision of community-based services and supports (including accounts related to the provision of such services under a waiver approved under section 1915 of the Social Security Act (42 U.S.C. 1396n)) when an individual transitions from residing in such a facility to residing in the community. (e) Payments to States.-- (1) In general.--The Secretary shall pay to each State with a demonstration project approved under this section an amount for each quarter occurring during the period described in paragraph (2) equal to 100 percent of the State's expenditures in the quarter for providing community-based services and supports to individuals participating in the demonstration project. (2) Period described.--The period described in this paragraph is the 12-month period that begins on the date on which an individual first receives community-based services and supports under the demonstration project in a setting that is not a medicaid long-term care facility and is selected by the individual. (f) Reports.-- (1) In general.--Each State conducting a demonstration project under this section shall submit a report to the Secretary that, in addition to such other requirements as the Secretary may require, includes information regarding-- (A) the types of community-based services and supports provided under the demonstration project; (B) the number of individuals served under the project; (C) the expenditures for, and savings resulting from, conducting the project; and (D) to the extent applicable, the changes in State's long-term services system developed in accordance with the provisions of subsection (d)(2). (2) Uniform data format.--In requiring information under this subsection, the Secretary shall develop a uniform data format to be used by States in the collection and submission of data in the State report required under paragraph (1). (g) Evaluations.--The Secretary shall use an amount, not to exceed one-half of 1 percent of the amount appropriated under subsection (h) for each fiscal year, to provide, directly or through contract-- (1) for the evaluation of the demonstration projects conducted under this section; (2) technical assistance to States concerning the development or implementation of such projects; and (3) for the collection of the data described in subsection (f)(1). (h) Funding.-- (1) In general.--There is appropriated to carry out this section $350,000,000 for each of fiscal years 2004 through 2008. (2) Availability.--Funds appropriated under paragraph (1) for a fiscal year shall remain available until expended, but not later than September 30, 2008.

Money Follows the Person Act of 2003 - Authorizes a State to apply to the Secretary of Health and Human Services for approval to conduct a demonstration project under which the State shall provide community-based services and supports to Medicaid-eligible individuals residing in a Medicaid long-term care facility for at least 90 days with respect to whom it is determined that, but for community-based services and supports, the individual would continue to require the level of care provided in a Medicaid long-term care facility.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Prosecution Drug Treatment Alternative to Prison Act of 2001''. SEC. 2. DRUG TREATMENT ALTERNATIVE TO PRISON PROGRAMS ADMINISTERED BY STATE OR LOCAL PROSECUTORS. (a) Prosecution Drug Treatment Alternative to Prison Programs.-- Title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended by adding at the end the following new part: ``PART CC--PROSECUTION DRUG TREATMENT ALTERNATIVE TO PRISON PROGRAMS ``SEC. 2901. PROGRAM AUTHORIZED. ``(a) In General.--The Attorney General may make grants to State or local prosecutors for the purpose of developing, implementing, or expanding drug treatment alternative to prison programs that comply with the requirements of this part. ``(b) Use of Funds.--A State or local prosecutor who receives a grant under this part shall use amounts provided under the grant to develop, implement, or expand the drug treatment alternative to prison program for which the grant was made, which may include payment of the following expenses: ``(1) Salaries, personnel costs, equipment costs, and other costs directly related to the operation of the program, including the enforcement unit. ``(2) Payments to licensed substance abuse treatment providers for providing treatment to offenders participating in the program for which the grant was made, including aftercare supervision, vocational training, education, and job placement. ``(3) Payments to public and nonprofit private entities for providing treatment to offenders participating in the program for which the grant was made, including alternative to prison programs authorized by State or municipal agencies to perform such services. ``(c) Federal Share.--The Federal share of a grant under this part shall not exceed 75 percent of the cost of the program. ``(d) Supplement and Not Supplant.--Grant amounts received under this part shall be used to supplement, and not supplant, non-Federal funds that would otherwise be available for activities funded under this part. ``SEC. 2902. PROGRAM REQUIREMENTS. ``A drug treatment alternative to prison program with respect to which a grant is made under this part shall comply with the following requirements: ``(1) A State or local prosecutor shall administer the program. ``(2) An eligible offender may participate in the program only with the consent of the State or local prosecutor. ``(3) Each eligible offender who participates in the program shall, as an alternative to incarceration, be sentenced to or placed with a residential substance abuse treatment provider that is licensed under State or local law. ``(4) Each eligible offender who participates in the program shall serve a sentence of imprisonment with respect to the underlying crime if that offender does not successfully complete treatment with the residential substance abuse provider. ``(5) Each residential substance abuse provider treating an offender under the program shall-- ``(A) make periodic reports of the progress of treatment of that offender to the State or local prosecutor carrying out the program and to the appropriate court in which the defendant was convicted; and ``(B) notify that prosecutor and that court if that offender absconds from the facility of the treatment provider or otherwise violates the terms and conditions of the program. ``(6) The program shall have an enforcement unit comprised of law enforcement officers under the supervision of the State or local prosecutor carrying out the program, the duties of which shall include verifying an offender's addresses and other contacts, and, if necessary, locating, apprehending, and arresting an offender who has absconded from the facility of a residential substance abuse treatment provider or otherwise violated the terms and conditions of the program, and returning such offender to court for sentence on the underlying crime. ``SEC. 2903. APPLICATIONS. ``(a) In General.--To request a grant under this part, a State or local prosecutor shall submit an application to the Attorney General in such form and containing such information as the Attorney General may reasonably require. ``(b) Certifications.--Each such application shall contain the certification of the State or local prosecutor that the program for which the grant is requested shall meet each of the requirements of this part. ``SEC. 2904. GEOGRAPHIC DISTRIBUTION. ``The Attorney General shall ensure that, to the extent practicable, the distribution of grant awards is equitable and includes State or local prosecutors-- (1) in each State; and (2) in rural, suburban, and urban jurisdictions. ``SEC. 2905. REPORTS AND EVALUATIONS. ``For each fiscal year, each recipient of a grant under this part during that fiscal year shall submit to the Attorney General a report regarding the effectiveness of activities carried out using that grant. Each report shall include an evaluation in such form and containing such information as the Attorney General may reasonably require. The Attorney General shall specify the dates on which such reports shall be submitted. ``SEC. 2906. DEFINITIONS. ``In this part: ``(1) The term `State or local prosecutor' means any district attorney, State attorney general, county attorney, or corporation counsel who has authority to prosecute criminal offenses under State or local law. ``(2) The term `eligible offender' means an individual who-- ``(A) has been convicted of, or pled guilty to, or admitted guilt with respect to a crime for which a sentence of imprisonment is required and has not completed such sentence; ``(B) has never been convicted of, or pled guilty to, or admitted guilt with respect to, and is not presently charged with, a felony crime of violence or a major drug offense or a crime that is considered a violent felony under State or local law; and ``(C) has been found by a professional substance abuse screener to be in need of substance abuse treatment because that offender has a history of substance abuse that is a significant contributing factor to that offender's criminal conduct. ``(3) The term `felony crime of violence' has the meaning given such term in section 924(c)(3) of title 18, United States Code. ``(4) The term `major drug offense' has the meaning given such term in section 36(a) of title 18, United States Code.''. (b) Authorization of Appropriations.--Section 1001(a) of title I of the Omnibus Crime Control and Safe Street Act of 1968 (42 U.S.C. 3793(a)) is amended by adding at the end the following new paragraph: ``(24) There are authorized to be appropriated to carry out part AA-- ``(A) $75,000,000 for fiscal year 2002; ``(B) $85,000,000 for fiscal year 2003; ``(C) $95,000,000 for fiscal year 2004; ``(D) $105,000,000 for fiscal year 2005; and ``(E) $125,000,000 for fiscal year 2006.''.

Prosecution Drug Treatment Alternative to Prison Act of 2001 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to authorize the Attorney General to make grants to State or local prosecutors for the purpose of developing, implementing, or expanding drug treatment alternative to prison programs under which eligible offenders, as an alternative to incarceration, shall be sentenced to or placed with a licensed residential substance abuse treatment provider.Requires: (1) each eligible offender who participates in such a program but does not successfully complete treatment to serve a sentence of imprisonment for the underlying crime; and (2) each program to have an enforcement unit comprised of law enforcement officers under the supervision of a State or local prosecutor.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Cybersecurity Standards for Aircraft to Improve Resilience Act of 2016'' or the ``Cyber AIR Act''. SEC. 2. DEFINITIONS. In this Act: (1) Covered air carrier.--The term ``covered air carrier'' means an air carrier or a foreign air carrier (as those terms are defined in section 40102 of title 49, United States Code). (2) Covered manufacturer.--The term ``covered manufacturer'' means an entity that-- (A) manufactures or otherwise produces aircraft and holds a production certificate under section 44704(c) of title 49, United States Code; or (B) manufactures or otherwise produces electronic control, communications, maintenance, or ground support systems for aircraft. (3) Cyberattack.--The term ``cyberattack'' means the unauthorized access to aircraft electronic control or communications systems or maintenance or ground support systems for aircraft, either wirelessly or through a wired connection. (4) Critical software systems.--The term ``critical software systems'' means software systems that can affect control over the operation of an aircraft. (5) Entry point.--The term ``entry point'' means the means by which signals to control a system on board an aircraft or a maintenance or ground support system for aircraft may be sent or received. SEC. 3. DISCLOSURE OF CYBERATTACKS BY THE AVIATION INDUSTRY. (a) In General.--Not later than 270 days after the date of the enactment of this Act, the Secretary of Transportation shall prescribe regulations requiring covered air carriers and covered manufacturers to disclose to the Federal Aviation Administration any attempted or successful cyberattack on any system on board an aircraft, whether or not the system is critical to the safe and secure operation of the aircraft, or any maintenance or ground support system for aircraft, operated by the air carrier or produced by the manufacturer, as the case may be. (b) Use of Disclosures by the Federal Aviation Administration.--The Administrator of the Federal Aviation Administration shall use the information obtained through disclosures made under subsection (a) to improve the regulations required by section 4 and to notify air carriers, aircraft manufacturers, and other Federal agencies of cybersecurity vulnerabilities in systems on board an aircraft or maintenance or ground support systems for aircraft. SEC. 4. INCORPORATION OF CYBERSECURITY INTO REQUIREMENTS FOR AIR CARRIER OPERATING CERTIFICATES AND PRODUCTION CERTIFICATES. (a) Regulations.--Not later than 270 days after the date of the enactment of this Act, the Secretary of Transportation, in consultation with the Secretary of Defense, the Secretary of Homeland Security, the Attorney General, the Federal Communications Commission, and the Director of National Intelligence, shall prescribe regulations to incorporate requirements relating to cybersecurity into the requirements for obtaining an air carrier operating certificate or a production certificate under chapter 447 of title 49, United States Code. (b) Requirements.--In prescribing the regulations required by subsection (a), the Secretary shall-- (1) require all entry points to the electronic systems of each aircraft operating in United States airspace and maintenance or ground support systems for such aircraft to be equipped with reasonable measures to protect against cyberattacks, including the use of isolation measures to separate critical software systems from noncritical software systems; (2) require the periodic evaluation of the measures described in paragraph (1) for security vulnerabilities using best security practices, including the appropriate application of techniques such as penetration testing, in consultation with the Secretary of Defense, the Secretary of Homeland Security, the Attorney General, the Federal Communications Commission, and the Director of National Intelligence; and (3) require the measures described in paragraph (1) to be periodically updated based on the results of the evaluations conducted under paragraph (2). SEC. 5. ANNUAL REPORT ON CYBERATTACKS ON AIRCRAFT SYSTEMS AND MAINTENANCE AND GROUND SUPPORT SYSTEMS. (a) In General.--Not later than one year after the date of the enactment of this Act, and annually thereafter, the Administrator of the Federal Aviation Administration shall submit to the appropriate committees of Congress a report on attempted and successful cyberattacks on any system on board an aircraft, whether or not the system is critical to the safe and secure operation of the aircraft, and on maintenance or ground support systems for aircraft, that includes-- (1) the number of such cyberattacks during the year preceding the submission of the report; (2) with respect to each such cyberattack-- (A) an identification of the system that was targeted; (B) a description of the effect on the safety of the aircraft as a result of the cyberattack; and (C) a description of the measures taken to counter or mitigate the cyberattack; (3) recommendations for preventing a future cyberattack; (4) an analysis of potential vulnerabilities to cyberattacks in systems on board an aircraft and in maintenance or ground support systems for aircraft; and (5) recommendations for improving the regulatory oversight of aircraft cybersecurity. (b) Form of Report.--The report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex. SEC. 6. MANAGING CYBERSECURITY RISKS OF CONSUMER COMMUNICATIONS EQUIPMENT. (a) In General.--The Commercial Aviation Communications Safety and Security Leadership Group established by the memorandum of understanding between the Department of Transportation and the Federal Communications Commission entitled ``Framework for DOT-FCC Coordination of Commercial Aviation Communications Safety and Security Issues'' and dated January 29, 2016 (in this section known as the ``Leadership Group''), shall be responsible for evaluating the cybersecurity vulnerabilities of broadband wireless communications equipment designed for consumer use on board aircraft operated by covered air carriers that is installed before, on, or after, or is proposed to be installed on or after, the date of the enactment of this Act. (b) Responsibilities.--To address cybersecurity risks arising from malicious use of communications technologies on board aircraft operated by covered air carriers, the Leadership Group shall-- (1) ensure the development of effective methods for preventing foreseeable cyberattacks that exploit broadband wireless communications equipment designed for consumer use on board such aircraft; and (2) require the implementation by covered air carriers, covered manufacturers, and communications service providers of all technical and operational security measures that are deemed necessary and sufficient by the Leadership Group to prevent cyberattacks described in paragraph (1). (c) Report Required.-- (1) In general.--Not later than one year after the date of the enactment of this Act, and annually thereafter, the Leadership Group shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on-- (A) the technical and operational security measures developed to prevent foreseeable cyberattacks that exploit broadband wireless communications equipment designed for consumer use on board aircraft operated by covered air carriers; and (B) the steps taken by covered air carriers, covered manufacturers, and communications service providers to implement the measures described in subparagraph (A). (2) Form of report.--The report required by paragraph (1) shall be submitted in unclassified form, but may include a classified annex.

Cybersecurity Standards for Aircraft to Improve Resilience Act of 2016 or the Cyber AIR Act This bill directs the Department of Transportation (DOT) to require domestic or foreign air carriers and manufacturers of aircraft or electronic control, communications, maintenance, or ground support systems for aircraft to disclose to the Federal Aviation Administration (FAA) any attempted or successful cyberattack against any system on board an aircraft or against any maintenance or ground support system for aircraft. The FAA shall use the information obtained through such disclosures to: (1) improve the regulations (to be prescribed by DOT) to incorporate requirements relating to cybersecurity into the requirements for obtaining an air carrier operating certificate or a production certificate; and (2) notify air carriers, aircraft manufacturers, and other federal agencies of cybersecurity vulnerabilities in systems on board an aircraft or maintenance or ground support systems for aircraft. In prescribing such regulations, DOT must require: (1) all entry points to the electronic systems of each aircraft operating in U.S. airspace and maintenance or ground support systems for such aircraft to be equipped with reasonable measures to protect against cyberattacks; and (2) the periodic evaluation of, and updates to, such measures for security vulnerabilities using best security practices. The FAA must report to Congress annually on attempted and successful cyberattacks against any system on board an aircraft and against maintenance or ground support systems for aircraft. The Commercial Aviation Communications Safety and Security Leadership Group shall: (1) be responsible for evaluating the cybersecurity vulnerabilities of certain broadband wireless communications equipment designed for consumer use on board aircraft; and (2) require the implementation by air carriers, manufacturers, and communications service providers of technical and operational security measures it deems necessary to prevent cyberattacks that exploit such equipment.

15,779

SECTION 1. SHORT TITLE. This Act may be cited as the ``Rigs to Reefs Habitat Protection Act''. SEC. 2. DEFINITIONS. In this Act: (1) Decommissioning.--The term ``decommissioning'' includes the flushing, plugging, and cementing of a platform. (2) Fund.--The term ``Fund'' means the Reef Maintenance Fund established by section 3(h)(1). (3) Notice.--The term ``Notice'' means the notice to lessees numbered 2010-G05, entitled ``Notice to Lessees and Operators of Federal Oil and Gas Leases and Pipeline Right-of- Way Holders in the Outer Continental Shelf, Gulf of Mexico OCS Region'', and issued September 15, 2010. (4) Platform.--The term ``platform'' means an offshore oil and gas platform in the Gulf of Mexico that, as determined by the Secretary-- (A) is no longer useful for operations, as defined in the Notice; and (B) has become critical for marine fisheries habitat. (5) Program.--The term ``Program'' means the artificial reef program authorized under the National Fishing Enhancement Act of 1984 (33 U.S.C. 2101 et seq.). (6) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 3. USE OF CERTAIN OFFSHORE OIL AND GAS PLATFORMS FOR ARTIFICIAL REEFS. (a) Assessment.--As soon as practicable after the date of enactment of this Act, the Secretary shall conduct an assessment of each of the platforms-- (1) to determine whether there are coral populations or other protected species in the vicinity of the platform; and (2) to identify any species in the vicinity of the platform that have recreational or commercial value. (b) Prohibition of Removal.-- (1) In general.--Notwithstanding the Notice, no platforms shall be removed in accordance with the Notice until the date on which the Secretary has completed assessments of each of the platforms under subsection (a). (2) Suspension of decommissioning.--If, during an assessment conducted under subsection (a), the Secretary determines that there is a substantial reef ecosystem in the vicinity of the platform, the decommissioning of the platform under the Notice shall be placed on hold until such time as the Secretary determines that decommissioning the platform would not harm the reef ecosystem. (c) Exemption From Certain Requirements.--The requirement in the Notice that a lessee remove a platform as soon as possible, but not later than 5 years after the effective date of the Notice or within 5 years of the platform, meeting the definition of no longer useful for operations, whichever is later, shall not apply to a lessee that-- (1) commits to entering the platform in the Program; and (2) demonstrates the commitment described in paragraph (1) by initiating discussions with applicable States regarding potential sites for the artificial reef. (d) Reefing in Place.--A lessee may, as appropriate, provide for reefing in place under the Program. (e) State Programs.-- (1) In general.--A State that has a State rig-to-reef program may enter into an agreement with any appropriate entities to assume liability in Federal water for a structure covered by the State program. (2) Maintenance.--Notwithstanding an agreement entered into under paragraph (1), the operator of the covered structure shall remain responsible for maintaining the covered structure. (f) Removal of Top Decks.--Under the Program, top decks of a rig may be removed, down to water surface level, if appropriate identifying markers are used to protect navigation. (g) Maintenance and Financial Requirements.--As a condition of inclusion in the Program, the owner of a rig enrolled in the Program shall be required to-- (1) maintain an anode system for the rig; and (2) pay into the Fund an amount equal to 50 percent of the estimated costs associated with the removal of the platform that the owner would have been responsible for if the owner had not participated in the Program, as determined by the Secretary. (h) Reef Maintenance Fund.-- (1) Establishment.--There is established in the Treasury of the United States a fund to be known as the ``Reef Maintenance Fund'', to be administered by the Secretary, to be available without fiscal year limitation and not subject to appropriation, for the maintenance of artificial reefs established under the Program. (2) Transfers to fund.--The Fund shall consist of such amounts deposited in the Fund under subsection (g)(2). (3) Prohibition.--Amounts in the Fund may not be made available for any purpose other than a purpose described in paragraph (1). (4) Annual reports.-- (A) In general.--Not later than 60 days after the end of each fiscal year beginning with fiscal year 2012, the Secretary shall submit to the Committee on Appropriations of the House of Representatives, the Committee on Appropriations of the Senate, the Committee on Energy and Natural Resources of the Senate, and the Committee on Natural Resources of the House of Representatives a report on the operation of the Fund during the fiscal year. (B) Contents.--Each report shall include, for the fiscal year covered by the report, the following: (i) A statement of the amounts deposited into the Fund. (ii) A description of the expenditures made from the Fund for the fiscal year, including the purpose of the expenditures. (iii) Recommendations for additional authorities to fulfill the purpose of the Fund. (iv) A statement of the balance remaining in the Fund at the end of the fiscal year.

Rigs to Reefs Habitat Protection Act - Directs the Secretary of the Interior to assess each offshore oil and gas platform in the Gulf of Mexico that is no longer useful for operations, and has become critical for a marine fisheries habitat, to: (1) determine whether there are coral populations or other protected species in the platform's vicinity, and (2) identify any species in the vicinity that have recreational or commercial value. Prohibits the removal of any such platforms until the Secretary has completed each assessment. Requires suspension of the decommissioning of a platform if a substantial reef ecosystem is in the vicinity until the Secretary determines that decommissioning would not harm the ecosystem. Exempts from certain platform removal deadlines any lessees who: (1) commit to entering a particular platform in the artificial reef program under the National Fishing Enhancement Act of 1984, and (2) initiate discussions with applicable states regarding potential artificial reef sites. Allows a lessee to provide for reefing in place under the artificial reef program. Permits states with a state rig-to-reef program to enter agreements with any appropriate entities to assume liability in federal water for a structure covered by the state program. Establishes a Reef Maintenance Fund. Requires the owner of a rig enrolled in the artificial reef program to: (1) maintain a rig anode system, and (2) pay into the Fund 50% of the estimated platform removal costs for which the owner would have been responsible if it had not participated in the program.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Jobs and Tax Relief Act of 2010''. SEC. 2. EXTEND TEMPORARY BONUS DEPRECIATION FOR CERTAIN PROPERTY. (a) Extension of Special Allowance.-- (1) In general.--Paragraph (2) of section 168(k) of the Internal Revenue Code of 1986 is amended-- (A) by striking ``January 1, 2011'' and inserting ``January 1, 2012'', and (B) by striking ``January 1, 2010'' each place it appears and inserting ``January 1, 2011''. (2) Conforming amendments.-- (A) The heading for subsection (k) of section 168 of such Code is amended by striking ``January 1, 2010'' and inserting ``January 1, 2011''. (B) The heading for clause (ii) of section 168(k)(2)(B) of such Code is amended by striking ``pre- january 1, 2010'' and inserting ``pre-january 1, 2011''. (C) Subparagraph (B) of section 168(l)(5) of such Code is amended by striking ``January 1, 2010'' and inserting ``January 1, 2011''. (D) Subparagraph (C) of section 168(n)(2) of such Code is amended by striking ``January 1, 2010'' and inserting ``January 1, 2011''. (E) Subparagraph (B) of section 1400N(d)(3) of such Code is amended by striking ``January 1, 2010'' and inserting ``January 1, 2011''. (b) Extension of Election To Accelerate the AMT and Research Credits in Lieu of Bonus Depreciation.--Section 168(k)(4) of such Code (relating to election to accelerate the AMT and research credits in lieu of bonus depreciation) is amended-- (1) by striking ``2009'' and inserting ``2010'' in subparagraph (D)(iii) (as redesignated by subsection (a)(3)), and (2) by adding at the end the following new subparagraph: ``(I) Special rules for extension property.-- ``(i) Taxpayers previously electing acceleration.--In the case of a taxpayer who made the election under subparagraph (A) for its first taxable year ending after March 31, 2008-- ``(I) the taxpayer may elect not to have this paragraph apply to extension property, but ``(II) if the taxpayer does not make the election under subclause (I), in applying this paragraph to the taxpayer a separate bonus depreciation amount, maximum amount, and maximum increase amount shall be computed and applied to eligible qualified property which is extension property and to eligible qualified property which is not extension property. ``(ii) Taxpayers not previously electing acceleration.--In the case of a taxpayer who did not make the election under subparagraph (A) for its first taxable year ending after March 31, 2008-- ``(I) the taxpayer may elect to have this paragraph apply to its first taxable year ending after December 31, 2009, and each subsequent taxable year, and ``(II) if the taxpayer makes the election under subclause (I), this paragraph shall only apply to eligible qualified property which is extension property. ``(iii) Extension property.--For purposes of this subparagraph, the term `extension property' means property which is eligible qualified property solely by reason of the extension of the application of the special allowance under paragraph (1) pursuant to the amendments made by section 3(a) of the Small Business Jobs and Tax Relief Act of 2010 (and the application of such extension to this paragraph pursuant to the amendment made by section 3(b)(1) of such Act). ``(b) Limitation.--The amount taken into account under subsection (a) shall not exceed $1,500 for each vehicle on which an idling reduction device is affixed.''. (c) Effective Dates.--The amendments made by this section shall apply to property placed in service after December 31, 2009, in taxable years ending after such date. SEC. 3. INCREASE IN AMOUNT ALLOWED AS DEDUCTION FOR START-UP EXPENDITURES. (a) In General.--Subsection (b) of section 195 of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``(3) Special rule for taxable years beginning in 2009, 2010, or 2011.--In the case of a taxable year beginning in 2010, 2011, or 2012, paragraph (1)(A)(ii) shall be applied-- ``(A) by substituting `$20,000' for `$5,000', and ``(B) by substituting `$75,000' for `$50,000'.''. (b) Effective Date.--The amendments made by this section shall apply to amounts paid or incurred in taxable years beginning after the date of the enactment of this Act. SEC. 4. REMOVAL OF CELLULAR TELEPHONES (OR SIMILAR TELECOMMUNICATIONS EQUIPMENT) FROM LISTED PROPERTY. (a) In General.--Subparagraph (A) of section 280F(d)(4) of the Internal Revenue Code (defining listed property) is amended by inserting ``and'' at the end of clause (iv), by striking clause (v), and by redesignating clause (vi) as clause (v). (b) Effective Date.--The amendment made by subsection (a) shall apply to taxable years beginning after January 1, 2009. SEC. 5. NONRECOURSE SMALL BUSINESS INVESTMENT COMPANY LOANS FROM THE SMALL BUSINESS ADMINISTRATION TREATED AS AMOUNTS AT RISK. (a) In General.--Subparagraph (B) of section 465(b)(6) of the Internal Revenue Code of 1986 is amended to read as follows: ``(B) Qualified nonrecourse financing.--For purposes of this paragraph-- ``(i) In general.--The term `qualified nonrecourse financing' means any financing-- ``(I) which is qualified real property financing or qualified SBIC financing, ``(II) except to the extent provided in regulations, with respect to which no person is personally liable for repayment, and ``(III) which is not convertible debt. ``(ii) Qualified real property financing.-- The term `qualified real property financing' means any financing which-- ``(I) is borrowed by the taxpayer with respect to the activity of holding real property, ``(II) is secured by real property used in such activity, and ``(III) is borrowed by the taxpayer from a qualified person or represents a loan from any Federal, State, or local government or instrumentality thereof, or is guaranteed by any Federal, State, or local government. ``(iii) Qualified sbic financing.--The term `qualified SBIC financing' means any financing which-- ``(I) is borrowed by a small business investment company (within the meaning of section 301 of the Small Business Investment Act of 1958), ``(II) is secured by property used or held, directly or indirectly, by such small business investment company, and ``(III) is borrowed from, or guaranteed by, the Small Business Administration under the authority of section 303(b) of such Act.''. (b) Conforming Amendments.--Subparagraph (A) of section 465(b)(6) of such Code is amended-- (1) by striking ``in the case of an activity of holding real property,'', and (2) by striking ``which is secured by real property used in such activity''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. SEC. 6. TEMPORARY EXCLUSION OF 100 PERCENT OF GAIN ON CERTAIN SMALL BUSINESS STOCK. (a) In General.--Subsection (a) of section 1202 of the Internal Revenue Code of 1986 (relating partial exclusion for gain from certain small business stock) is amended by adding at the end the following new paragraph: ``(4) 100 exclusion for stock acquired during 2010.--In the case of qualified small business stock acquired during 2010-- ``(A) paragraph (1) shall be applied by substituting `100 percent' for `50 percent', ``(B) paragraph (2) shall not apply, and ``(C) paragraph (7) of section 57(a) shall not apply.''. (b) Conforming Amendment.--Paragraph (3) of section 1202 (a) of such Code is amended-- (1) by striking ``and 2010'' in the heading, and (2) by striking ``January 1, 2011'' and inserting ``January 1, 2010''. (c) Effective Date.--The amendments made by this section shall apply to stock acquired after December 31, 2009.

Small Business Jobs and Tax Relief Act of 2010 - Amends the Internal Revenue Code to: (1) extend through 2011 bonus depreciation for certain depreciable business property; (2) extend through 2010 the election to accelerate the alternative minimum tax (AMT) and research tax credits in lieu of bonus depreciation; (3) increase in 2010, 2011, and 2012, the tax deduction for business start-up expenditures; (4) remove restrictions on the tax deduction for employee use of cellular telephones; (5) revise the definition of "qualified nonrecourse financing" to include qualified nonrecourse real property or Small Business Investment Company financing as amounts at risk for purposes of determining the deductibility of losses from certain investment activities, including farming, leasing, and energy exploration; and (6) allow a 100% exclusion from gross income in 2010 of gain from the sale of qualified small business stock.

15,781

SECTION 1. PROCEDURES GOVERNING RETIREE HEALTH BENEFITS. (a) In General.--Part 5 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1131 et seq.) is amended by adding at the end the following new section: ``SEC. 516. PROCEDURES GOVERNING THE TERMINATION OR SUBSTANTIAL REDUCTION OF RETIREE HEALTH BENEFITS. ``(a) Termination or Substantial Reduction of Retiree Health Benefits.--A plan or plan sponsor may terminate or substantially reduce retiree health benefits under an employee welfare benefit plan, or plan or plan sponsor payments in connection with such benefits only in accordance with the provisions of this section. ``(b) Proposal Requirement.-- ``(1) Prior to terminating or substantially reducing retiree health benefits or plan or plan sponsor payments in connection with such benefits, a plan sponsor shall-- ``(A) petition a court of competent jurisdiction for the appointment of an authorized representative for the retirees whose benefits may be terminated or substantially reduced; ``(B) make a proposal to the authorized representative of the retirees covered by the plan, based on the most complete and reliable information available at the time of such proposal, which assures that all of the affected parties are treated fairly and equitably; and ``(C) provide, subject to subsection (c)(2), the representative of the retirees with such relevant information as is necessary to evaluate the proposal. ``(2) During the period beginning on the date of the making of a proposal provided for in paragraph (1) and ending on the date of the hearing provided for in subsection (c)(1), the plan sponsor shall meet, at reasonable times, with the authorized representative to confer in good faith in attempting to reach mutually satisfactory modifications of such plan. ``(3) For purposes of this section the term `authorized representative' means the authorized representative designated pursuant to subparagraph (A) for persons receiving any retiree benefits covered by a collective bargaining agreement or subparagraph (B) in the case of persons receiving retiree benefits not covered by such agreement. ``(A) A labor organization shall be the authorized representative of those persons receiving any retiree benefits covered by any collective bargaining agreement to which that labor organization is signatory, unless (i) such labor organization elects not to serve as the authorized representative of such person, or (ii) the court, upon a motion by any participant or beneficiary, after notice and hearing, determines that different representation of such persons is appropriate. In cases where the labor organization elects not to serve as the authorized representative of those persons receiving any retiree benefits covered by any collective bargaining agreement to which that labor organization is signatory, or in cases where the court finds different representation of such persons appropriate, the court, upon a motion by any participant or beneficiary, and after notice and a hearing, shall appoint an authorized representative of retired employees if the plan or plan sponsor seeks to terminate or substantially reduce the retiree benefits or if the court otherwise determines that such appointment is appropriate, from among such persons. ``(B) The court, upon a motion by any participant or beneficiary, and after notice and a hearing, shall appoint an authorized representative of retired employees if the plan or plan sponsor seeks to terminate or substantially reduce the retiree benefits or if the court otherwise determines that it is appropriate, to appoint an authorized representative of those persons receiving any retiree benefits not covered by a collective bargaining agreement. ``(4) The court may order a plan sponsor to pay reasonable expenses to the authorized representative. ``(c) Hearings.-- ``(1) If an action is brought by any participant or beneficiary to enjoin or otherwise modify such termination or substantial reduction, the court without requirement of any additional showing shall order the plan and plan sponsor to maintain the retiree health benefits and payments at the level in effect immediately before the termination or substantial reduction while the action is pending in any court. No security or other undertaking shall be required of any participant or beneficiary as a condition for issuance of such relief. In addition, the court shall schedule a hearing to be held not later than fourteen days after the date of the filing of such action. All interested parties may appear and be heard at such hearing. Adequate notice shall be provided to such parties at least ten days before the date of such hearings. The court may extend the time for the commencement of such hearing for a period not exceeding seven days where the circumstances of the case, and the interests of justice require such extension, or for additional periods of time to which the plan sponsor and representative agree. ``(2) The court may enter such protective orders, consistent with the need of the authorized representative of the retiree to evaluate the proposal of the plan sponsor to substantially reduce or terminate retiree health benefits or plan or plan sponsor payments in connection with such benefits. ``(3) If retiree health benefits under an employee welfare benefit plan or plan or plan sponsor payments in connection with such benefits are to be or have been terminated or substantially reduced, and an action is brought by any participant or beneficiary to enjoin or otherwise modify such termination or substantial reduction, the court shall take into account extrinsic evidence to determine the intent of the plan. ``(4) If the terms of an employee welfare benefit plan, summary plan description, or other materials distributed to employees at any time before a participant's retirement or disability, are silent or are ambiguous, either on their face or after consideration of extrinsic evidence, as to whether retiree health benefits and payments may be terminated or substantially reduced for a participant and his or her beneficiaries after the participant's retirement or disability, then the benefits and payments shall not be terminated or substantially reduced for the participant and his or her beneficiaries unless the plan or plan sponsor establishes by a preponderance of the evidence that the summary plan description or other materials about retiree benefits-- ``(A) were distributed to the participant at least 90 days in advance of retirement or disability; ``(B) did not promise retiree health benefits for the lifetime of the participant and his or her spouse; and ``(C) clearly and specifically disclosed that the plan allowed such termination or substantial reduction as to the participant after the time of his or her retirement or disability. The disclosure described in subparagraph (C) must have been made prominently and in language which can be understood by the average plan participant. ``(5) The court shall approve a substantial reduction or termination of retiree health benefits or plan or plan sponsor payments in connection with such benefits only if the court finds that-- ``(A) the collective bargaining agreement explicitly provides for a substantial reduction or termination of such benefits; or ``(B)(i) the plan sponsor has, prior to the hearing, made a proposal that fulfills the requirements of subsection (b)(1); ``(ii) the authorized representative of the employees has refused to accept such proposal without good cause; and ``(iii) the balance of the equities clearly favors substantially reducing or terminating retiree health benefits or plan or plan sponsor payments in connection with such benefits. ``(d) Retiree Health Benefits.--For the purposes of this section, the term `retiree health benefits' means health benefits (including coverage) which are provided to-- ``(1) retired or disabled employees who, immediately before the termination or substantial reduction, have a reasonable expectation to receive such benefits upon retirement or becoming disabled; and ``(2) their spouses or dependents.''. (b) Conforming Amendment.--The table of contents in section 1 of such Act is amended by inserting after the item relating to section 515 the following new item: ``Sec. 516. Procedures governing termination and substantial reduction of retiree health benefits.'' (c) Effective Date.--The amendments made by this section shall apply to actions relating to terminations or substantial reductions of retiree health benefits which are pending or brought, on or after August 1, 1996.

Amends the Employee Retirement Income Security Act of 1974 (ERISA) to establish procedures governing an employee benefit plan or plan sponsor's termination or substantial reduction of retiree health benefits. Requires, before a court approves a contested termination or substantial reduction, a finding that the balance of equities clearly favors such approval. Allows courts to use extrinsic evidence in determining a plan's intent.

15,782

SECTION 1. SHORT TITLE. This Act may be cited as the ``Transparent Markets Act of 2009''. SEC. 2. OVER-THE-COUNTER DERIVATIVES TRANSACTION TAX. (a) In General.--Chapter 36 of the Internal Revenue Code of 1986 is amended by inserting after subchapter B the following new subchapter: ``Subchapter C--Tax on Over-the-Counter Derivatives ``Sec. 4475. Tax on over-the-counter derivatives. ``SEC. 4475. TAX ON OVER-THE-COUNTER DERIVATIVES. ``(a) Imposition of Tax.--There is hereby imposed a tax on each covered derivative transaction. ``(b) Rate of Tax.--The rate of such tax shall be equal to 0.25 percent of the fair market value of the underlying property with respect to, or the notional principal amount of, the derivative financial instrument involved in such transaction. ``(c) By Whom Paid.--All parties to a covered derivative transaction shall be jointly and severally liable for the tax imposed on such transaction by this section. ``(d) Covered Derivatives Transaction.--For purposes of this section, the term `covered derivative transaction' means becoming a party to a derivative financial instrument which is not traded on (or subject to the rules of) a qualified board or exchange (as defined in section 1256(g)(7), determined without regard to subparagraph (C) thereof). ``(e) Derivative Financial Instrument.--For purposes of this section-- ``(1) In general.--The term `derivative financial instrument' means any option, forward contract, short position, notional principal contract, credit default swap, or similar financial instrument in any-- ``(A) share of stock in a corporation, ``(B) partnership or beneficial ownership interest in a widely held or publicly traded partnership or trust, ``(C) note, bond, debenture, or other evidence of indebtedness, ``(D) commodity which is actively traded (within the meaning of section 1092(d)(1)), ``(E) any foreign currency, or ``(F) any specified index. ``(2) Specified index.--The term `specified index' means any one or more or any combination of-- ``(A) a fixed rate, price, or amount, or ``(B) a variable rate, price, or amount which is based on any current, objectively determinable information which is not within the control of any of the parties to the contract or instrument and is not unique to any of the parties' circumstances. ``(f) Method of Collection.-- ``(1) In general.--The tax imposed by subsection (a) shall be collected on the basis of an annual return. ``(2) Content of return.--Such return shall include the following information: ``(A) A description of the derivative financial instrument involved in such transaction. ``(B) The parties to the covered derivatives transaction (and each such party's tax residence). ``(C) The fair market value of the underlying property with respect to, or the notional principal amount of, the derivative financial instrument involved in such transaction. ``(D) A description of any underlying asset or specified index with respect to such transaction, including a description of how each party to such transaction characterizes any such asset for tax purposes. ``(E) A description of any provision for physical settlement of such transaction. ``(g) Regulations.--The Secretary shall prescribe such regulations as may be necessary or appropriate to carry out the purposes of this section, including the following: ``(1) Prescribing the time for filing the annual return of tax imposed under subsection (a) and the time for payment of such tax. ``(2) Excluding or including certain transactions from such tax as may be consistent with the purposes of this section. ``(3) Guidance for determining such tax if the fair market value or notional principal amount is unclear on the face of the instrument.''. (b) Clerical Amendment.--The table of subchapters for chapter 36 of such Code is amended by inserting after the item relating to subchapter B the following new item: ``subchapter c. tax on over-the-counter derivatives''. (c) Report.-- (1) In general.--Not later than 180 days after the first deadline established by the Secretary of the Treasury for filing a return of the tax imposed under section 4475 of the Internal Revenue Code of 1986, and each deadline for filing such return thereafter, the Secretary shall submit a report to Congress. (2) Content.--Such report shall include-- (A) a description and a statistical analysis of the information included on the returns of such tax for the previous filing period, and (B) a detailed analysis of the scope and nature of over-the-counter derivatives markets and the feasibility and advisability of regulating such markets. (d) Effective Date.--The amendments made by this section shall apply to transactions entered into on or after the date of the enactment of this Act.

Transparent Markets Act of 2009 - Amends the Internal Revenue Code to impose an excise tax on over-the-counter derivative transactions. Sets the rate of such tax at 0.25% of the fair market value of the underlying property with respect to, or the notional principal amount of, the derivative financial instrument involved in such transactions. Defines "derivative financial instrument" as any option, forward contract, short position, notional principal contract, credit default swap, or similar financial instrument in any share of corporate stock, interest in a widely held or publicly traded partnership or trust, debt instrument, commodity which is actively traded, foreign currency, or specified index.

15,783

SECTION 1. SHORT TITLE. This Act may be cited as the ``Open Our Democracy Act of 2015''. SEC. 2. ELECTION OF MEMBERS OF CONGRESS THROUGH OPEN PRIMARIES. (a) Rules for Election of Members.--A candidate for election for the office of Senator or Member of the House of Representatives shall be elected to such office pursuant to the following elections held by the State in which the candidate seeks election: (1) An open primary election for such office held in accordance with subsection (b). (2) A general election for such office held in accordance with subsection (c). (b) Open Primaries.--Each State shall hold an open primary election for each office of Senator or Member of the House of Representatives in the State under which-- (1) each candidate for such office, regardless of the candidate's political party preference or lack thereof, shall appear on a single ballot; and (2) each voter in the State who is eligible to vote in elections for Federal office in the State (in the case of an election for the office of Senator) or in the Congressional district involved (in the case of an election for the office of Member of the House of Representatives) may cast a ballot in the election, regardless of the voter's political party preference or lack thereof. (c) General Election.--Each State shall hold a general election for each office of Senator or Member of the House of Representatives in the State under which the 2 candidates receiving the greatest number of votes in the open primary election for such office (as described in subsection (b)), without regard to the political party preference or lack thereof of such candidates, shall be the only candidates appearing on the ballot. SEC. 3. ABILITY OF CANDIDATES TO DISCLOSE POLITICAL PARTY PREFERENCES. (a) Option of Candidates To Declare Political Party Preference.--At the time a candidate for the office of Senator or Member of the House of Representatives files to run for such office, the candidate shall have the option of declaring a political party preference, and the preference chosen (if any) shall accompany the candidate's name on the ballot for the election for such office. (b) Designation for Candidates Not Declaring Preference.--If a candidate does not declare a political party preference under subsection (a), the designation ``No Party Preference'' shall accompany the candidate's name on the ballot for the election for such office. (c) No Party Endorsement Implied.--The selection of a party preference by a candidate under subsection (a) shall not constitute or imply endorsement of the candidate by the party designated, and no candidate in a general election shall be deemed the official candidate of any party by virtue of his or her selection in the primary. SEC. 4. PROTECTION OF RIGHTS OF POLITICAL PARTIES. Nothing in this Act shall restrict the right of individuals to join or organize into political parties or in any way restrict the right of private association of political parties. Nothing in this Act shall restrict a party's right to contribute to, endorse, or otherwise support a candidate for the office of Senator or Member of the House of Representatives. Nothing in this Act may be construed to prevent a political party from establishing such procedures as it sees fit to endorse or support candidates or otherwise participate in all elections, or from informally designating candidates for election to such an office at a party convention or by whatever lawful mechanism the party may choose, other than pursuant to a primary election held by a State. Nothing in this Act may be construed to prevent a political party from adopting such rules as it sees fit for the selection of party officials (including central committee members, presidential electors, and party officers), including rules restricting participation in elections for party officials to those who disclose a preference for that party at the time of registering to vote. SEC. 5. TREATMENT OF ELECTION DAY IN SAME MANNER AS LEGAL PUBLIC HOLIDAY FOR PURPOSES OF FEDERAL EMPLOYMENT. (a) In General.--For purposes of any law relating to Federal employment, the Tuesday next after the first Monday in November in 2016 and each even-numbered year thereafter shall be treated in the same manner as a legal public holiday described in section 6103 of title 5, United States Code. (b) Sense of Congress Regarding Treatment of Day by Private Employers.--It is the sense of Congress that private employers in the United States should give their employees a day off on the Tuesday next after the first Monday in November in 2016 and each even-numbered year thereafter to enable the employees to cast votes in the elections held on that day. (c) No Effect on Early or Absentee Voting.--Nothing in this section shall be construed to affect the authority of States to permit individuals to cast ballots in elections for Federal office prior to the date of the election (including the casting of ballots by mail) or to cast absentee ballots in the election. SEC. 6. STUDY OF STATE CONGRESSIONAL REDISTRICTING PROCESSES; RECOMMENDATIONS FOR ESTABLISHMENT OF INDEPENDENT REDISTRICTING COMMISSIONS BY STATES. (a) Study.--The Comptroller General shall conduct a study of the procedures used by States to conduct Congressional redistricting, and shall include in the study the following: (1) An analysis of the impact that different procedures for redistricting have had on the ability of minority voters to participate in the political process and to elect representatives of their choice. (2) An analysis of the impact that different procedures for redistricting have had on the ability of local communities, represented within the political boundaries of counties, cities, towns, and wards, to participate in the political process and to elect representatives of their choice. (3) An analysis of the benefits of requiring each State to conduct Congressional redistricting through the use of an independent redistricting commission and the best practices for the administration of independent redistricting commissions. (b) Report to Congress.-- (1) Report.--Not later than 1 year after the date of the enactment of this Act, the Comptroller General shall submit a report to Congress on the study conducted under subsection (a), and shall include in the report recommendations for proposed legislation or other measures to require States to conduct Congressional redistricting through independent commissions, on the basis of national standards enacted by Congress. (2) Legislation to carry out recommendations.--For recommendations for proposed legislation in the report submitted under paragraph (1), the Comptroller General shall include the text of such proposed legislation in the report. (c) Congressional Consideration of Legislation Included in Report.-- (1) Legislation described.--A bill described in this paragraph is a bill meeting the following requirements: (A) The bill is introduced not later than 90 days after the date on which the Comptroller General submits the report to Congress under subsection (b). (B) The text of the bill consists of the text of the proposed legislation included in the report submitted by the Comptroller General under subsection (b). (C) The title of the bill is as follows: ``A bill to implement the recommendations of the Comptroller General to require States to conduct Congressional redistricting through independent commissions, as submitted to Congress under section 6(b) of the Open Our Democracy Act of 2015.''. (2) Referral.--A bill described in paragraph (1) that is introduced in the House of Representatives shall be referred to the Committee on the Judiciary of the House of Representatives. A bill described in paragraph (1) introduced in the Senate shall be referred to the Committee on the Judiciary of the Senate. (3) Discharge.--If the committee to which a bill described in paragraph (1) is referred has not reported such bill (or an identical bill) by the end of the 60-day period beginning on the date on which the bill is introduced, such committee shall be, at the end of such period, discharged from further consideration of such bill, and such bill shall be placed on the appropriate calendar of the House involved. (4) Consideration.--(A) On or after the third day after the date on which the committee to which such a bill is referred has reported or has been discharged (under paragraph (3)) from further consideration of such a bill, it is in order (even though a previous motion to the same effect has been disagreed to) for any Member of the respective House to move to proceed to the consideration of the bill. A Member may make the motion only on the day after the calendar day on which the Member announces to the House concerned the Member's intention to make the motion, except that, in the case of the House of Representatives, the motion may be made without such prior announcement if the motion is made by direction of the committee to which the bill was referred. All points of order against the bill (and against consideration of the bill) are waived. The motion is highly privileged in the House of Representatives and is privileged in the Senate and is not debatable. The motion is not subject to amendment, or to a motion to postpone, or to a motion to proceed to the consideration of other business. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the bill is agreed to, the respective House shall immediately proceed to consideration of the joint bill without intervening motion, order, or other business, and the bill shall remain the unfinished business of the respective House until disposed of. (B) Debate on the bill, and on all debatable motions and appeals in connection therewith, shall be limited to not more than 10 hours, which shall be divided equally between those favoring and those opposing the bill. An amendment to the bill is not in order, except that a single amendment which is entirely clerical in nature may be offered by a Member favoring the bill. A motion further to limit debate is in order and not debatable. A motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the bill is not in order. A motion to reconsider the vote by which the bill is agreed to or disagreed to is not in order. (C) Immediately following the conclusion of the debate on a bill described in paragraph (1) and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the appropriate House, the vote on final passage of the bill shall occur. (D) Appeals from the decisions of the Chair relating to the application of the rules of the Senate or the House of Representatives, as the case may be, to the procedure relating to a bill described in paragraph (1) shall be decided without debate. (5) Consideration by other house.--(A) If, before the passage by one House of a bill of that House described in paragraph (1), that House receives from the other House a bill described in paragraph (1), then the following procedures shall apply: (i) The bill of the other House shall not be referred to a committee and may not be considered in the House receiving it except in the case of final passage as provided in clause (ii)(II). (ii) With respect to a bill described in paragraph (1) of the House receiving the bill-- (I) the procedure in that House shall be the same as if no bill had been received from the other House; but (II) the vote on final passage shall be on the bill of the other House. (B) Upon disposition of the bill received from the other House, it shall no longer be in order to consider the bill that originated in the receiving House. (6) Exercise of rulemaking authority.--This subsection is enacted by Congress-- (A) as an exercise of the rulemaking power of the Senate and House of Representatives, respectively, and as such it is deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of a bill described in paragraph (1), and it supersedes other rules only to the extent that it is inconsistent with such rules; and (B) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House. SEC. 7. MEMBER OF THE HOUSE DEFINED. In this Act, the term ``Member of the House of Representatives'' included a Delegate or Resident Commissioner to the Congress. SEC. 8. EFFECTIVE DATE. Except as provided in sections 5(a) and 6, this Act shall apply with respect to elections occurring during 2016 or any succeeding year.

Open Our Democracy Act of 2015 Requires all candidates for election to the Senate and the House of Representatives to run in an open primary, regardless of political party preference or lack thereof. Limits the ensuing general election to the two candidates receiving the greatest number of votes in the open primary. Gives candidates the option, at the time of filing to run for office, to declare a political party preference, which does not constitute or imply endorsement of the candidate by the party designated. Treats the general election day in the same manner as a legal public holiday for purposes of federal employment. Expresses the sense of Congress that private employers should give their employees a day off on the general election day in November 2016 and each even-numbered year thereafter to enable them to cast votes in elections held on that day. Directs the Government Accountability Office to study the procedures used by states to conduct congressional redistricting.

15,784

SECTION 1. SHORT TITLE. This Act may be cited as the ``Dangerous Products Warning Act''. SEC. 2. DANGEROUS PRODUCTS. (a) In General.--Part 1 of title 18, United States Code, is amended by inserting after chapter 27 the following: ``CHAPTER 28--DANGEROUS PRODUCTS ``Sec. ``571. Violations. ``572. Relationship to existing law. ``573. Construction. ``574. Definitions for chapter. ``Sec. 571. Violations ``(a) Failure To Inform and Warn.--Whoever-- ``(1) is a business entity or a product supervisor with respect to a product or business practice; ``(2) knows of a serious danger associated with such product (or a component of that product) or business practice; and ``(3) knowingly fails within 15 days after such discovery is made (or if there is imminent risk of serious bodily injury or death, immediately) to do any of the following: ``(A) To inform an appropriate Federal agency in writing, unless such product supervisor has actual knowledge that such an agency has been so informed. ``(B) To warn affected employees in writing, unless such product supervisor has actual knowledge that such employees have been so warned. ``(C) To inform persons other than affected employees at risk if they can reasonably be identified. shall be fined under this title or imprisoned not more than 5 years, or both. ``(b) Retaliation.--Whoever knowingly discriminates against any person in the terms or conditions of employment or in retention in employment or in hiring because of such person's having informed a Federal agency or warned employees of a serious danger associated with a product or business practice shall be fined under this title or imprisoned not more than one year, or both. ``(c) Nonpayment by Business Entities.--If a fine is imposed on an individual under this section, such fine shall not be paid, directly or indirectly, out of the assets of any business entity on behalf of that individual. ``Sec. 572. Relationship to existing law ``(a) Rights To Intervene.--Nothing in this chapter shall be construed to limit the right of any individual or group of individuals to initiate, intervene in, or otherwise participate in any proceeding before a regulatory agency or court, nor to relieve any regulatory agency, court, or other public body of any obligation, or affect its discretion to permit intervention or participation by an individual or group or class of consumers, employees or citizens in any proceeding or activity. ``(b) State Law.--Nothing in this chapter preempts any State law or otherwise affects any State authority to adopt or enforce any State law. ``Sec. 573. Construction ``This chapter shall be construed in such a manner as best to represent and protect the interests of the public. ``Sec. 574. Definitions for chapter ``In this chapter-- ``(1) the term `product supervisor'-- ``(A) means-- ``(i) an officer or director of a corporation or an association; ``(ii) a partner of a partnership; or ``(iii) any employee or other agent of a corporation, association, or partnership having duties such that the conduct of such employee or agent may fairly be assumed to represent the policy of the corporation, association, or partnership; and ``(B) includes persons having management responsibility for-- ``(i) submissions to a Federal agency regarding the development or approval of any product; ``(ii) production, quality assurance, or quality control of any product; or ``(iii) research and development of any product; ``(2) the term `product' means a product or service of a business entity that enters or will enter interstate commerce; ``(3) the term `business entity' means any corporation, company, association, firm, partnership, or other business entity or a sole proprietor; ``(4) the term `business practice' means a method or practice of manufacturing, assembling, designing, researching, importing or distributing a product that enters or will enter interstate commerce, conducting, providing or preparing to provide a service that enters or will enter interstate commerce, or otherwise carrying out business operations related to products or services that enter or will enter interstate commerce; ``(5) the term `serious danger', used with respect to a product or business practice, means a danger, not readily apparent to the average person, that the normal or reasonably foreseeable use of, or the exposure of a human being to, that product or business practice may cause death or serious bodily injury to a human being; ``(6) the term `serious bodily injury' means an impairment of physical condition, including as result of trauma, repetitive motion or disease, that-- ``(A) creates a substantial risk of death; or ``(B) causes-- ``(i) serious permanent disfigurement; ``(ii) unconsciousness; ``(iii) extreme pain; or ``(iv) permanent or protracted loss or impairment of the function of any bodily member, organ, bodily system, or mental faculty; ``(7) the term `appropriate Federal agency' means any agency with jurisdiction over the product or business practice; and ``(8) the term `warn affected employees', used with respect to a serious danger, means take reasonable steps to give sufficient description of the serious danger to all individuals working for or in the business entity who are likely to be subject to the serious danger in the course of that work to make those individuals aware of that danger.''. (b) Clerical Amendment.--The table of chapters for title 18, United States Code, is amended by inserting, after the item relating to chapter 27 the following: ``28. Dangerous products.................................... 571''. SEC. 3. EFFECTIVE DATE. The amendments made by this Act take effect 180 days after the date of enactment of this Act.

Dangerous Products Warning Act - Amends the federal criminal code to impose a fine and/or prison term of up to 5 years on any business entity or product supervisor with respect to a product or business practice who knows of a serious danger associated with such product or business practice and knowingly fails within 15 days after discovering such danger to inform an appropriate federal agency in writing, warn affected employees in writing, and inform other affected individuals. Imposes a fine and/or prison term of up to 1 year on any individual who intentionally discriminates against an employee who informs a federal agency or warns employees of a serious danger associated with a product or business practice.

15,785

SECTION 1. SHORT TITLE. This Act may be cited as the ``Aviation Noise Limit Act of 1993''. SEC. 2. FINDINGS. Congress finds the following: (1) The accurate assessment and control of aviation noise impact is necessary to protect the public health and welfare while increasing and improving aviation capacity. (2) Airspace management without noise impact assessment and moderation can have a significant impact on an area distant from an airport. (3) The Federal system for determining noise impact at airports, which currently serves as the basis of noise compatibility programs receiving Federal assistance, does not adequately protect the public health and welfare. (4) The Federal system for determining noise impact at airports does not take into account the characteristics of an area, including the area's proximity to an airport and the area's non-aircraft background noise. (5) The Federal system for determining noise impact at airports is less restrictive than the criteria used by many State and local governments, usurping a zoning role normally allocated to the States. (6) The Federal system for determining noise impact at airports is inconsistent with the maintenance of accepted interior levels of quiet for existing residences and has been demonstrated unsuccessful in identifying problems and predicting community reaction. (7) The Federal system for determining noise impact at airports does not protect against significant disturbances in human activities such as sleep and conversation and promotes Federal interference with the constitutionally protected right to quiet enjoyment of private property. (8) Research showing that low levels of noise affects human health and welfare requires changes in Federal programs managing noise levels. (9) Population density, background noise levels, and distance from an airport are factors which affect an individual's expectations with respect to aviation noise and an individual's acceptance of aviation noise. (10) Changes to the noise environment of a developed and populated area should be treated differently from changes to the noise environment of a nonpopulated or industrial area. SEC. 3. AVIATION NOISE LIMITS. (a) Reduction of Aviation Noise in Areas in the Vicinity of Airports.-- (1) Development of plan.--The Secretary shall develop a staged plan to reduce by at least 75 percent on or before January 1, 2001, the number of individuals residing in residential areas in the vicinity of an airport who are exposed to a yearly day-night average sound level of 60 decibels or above. (2) Considerations.--In developing the plan pursuant to paragraph (1), the Secretary shall consider various methods for aviation noise reduction, including soundproofing, relocation incentives, use of quieter aircraft, operations restrictions, and revision of air routes. (3) Federal departments and agencies.--As part of the plan to be developed pursuant to paragraph (1), the Secretary shall make recommendations on actions and policy changes on the part of Federal departments and agencies (including but not limited to the Department of Transportation) which could assist in meeting the objective described in paragraph (1). (4) Modification of regulations.--The Secretary shall modify regulations issued pursuant to section 102 of the Aviation and Safety Noise Abatement Act of 1979 to assist in meeting the objective described in paragraph (1). (b) Management and Reduction of Aviation Noise in Other Areas.-- (1) Airspace traffic changes.--Beginning on the date of the enactment of this Act, the Administrator may make an airspace traffic change only if the Administrator determines that the change will not result in an increase in aviation noise in violation of paragraph (2). (2) Requirements.--A violation of any of the following requirements, which apply only to residential areas that are not in the vicinity of an airport, shall be considered to be a violation of this paragraph: (A) Hourly average sound level.--The hourly average sound level, with combined aviation and nonaviation sources, over any 1-hour period may not exceed 6 decibels above the background sound level for such 1- hour period. (B) Single event maximum sound level.--Under normal circumstances, the single event maximum sound level-- (i) may not exceed 70 decibels; (ii) during nighttime hours, may not exceed 55 decibels; and (iii) may not be more than 20 decibels above the background sound level for the 1-hour period in which the event occurs. The requirement of this subparagraph shall be considered to have been met if there are no more than 3 violations of the limits contained in this subparagraph in a 24-hour period. (C) Day-night average sound level.--If the day- night average sound level, with combined aviation and nonaviation sources, exceeds 45 decibels, then aviation activity may not contribute more than 3 decibels to such sound level. (3) Past airspace traffic changes.--The Administrator shall review airspace traffic changes made by the Administrator which continue to be subject to significant complaint or controversy and shall take such actions as may be necessary to ensure that such air traffic changes do not result in increases in aviation noise which violate aviation noise limits contained in paragraph (2). (d) Determination of Vicinity of Airport.-- (1) Alternative boundaries.--In the event that operations procedures of an airport result in a ground noise distribution substantially different from the geographic area defined in section 4(10), an airport operator may, on or before the 180th day following the date of the enactment of this Act, transmit to the Secretary for approval alternative boundaries of the vicinity of the airport which conform to the ground noise distribution of the airport; except that the geographic area enclosed by such alternative boundaries may not include an area with a day-night average sound level of less than 60 decibels for the 1-year period ending on the date of the enactment of this Act. (2) Acquisition of property.--In the event that an airspace traffic change or other action makes it unfeasible or impracticable to meet the sound level limits contained in subsection (b) within a residential area, then such area may be added to the area considered to be in the vicinity of the airport upon acquisition of the property or by acquisition of easements to the property by the airport operator or the Secretary of Transportation. (e) Report.--Not later than 1 year after the date of the enactment of this Act, the Secretary shall transmit to Congress a report containing the plan to be developed pursuant to subsection (a)(1), and a description of actions taken with respect to airspace changes pursuant to subsection (b)(3), together with recommendations for appropriate administrative and legislative actions. SEC. 4. RESPONSIBILITY OF SECRETARY OF TRANSPORTATION. In complying with this Act, the Secretary of Transportation shall assume responsibility for all non-military aviation activity, within and outside controlled airspace, and shall regulate such activity to ensure compliance with the requirements of this Act in normal circumstances. SEC. 5. DEFINITIONS. For the purposes of this Act, the following definitions apply: (1) Administrator.--The term ``Administrator'' means the Administrator of the Federal Aviation Administration. (2) Airspace traffic change.--The term ``airspace traffic change'' means a change in aircraft flight paths, operating procedures, nature of aircraft traffic, and quantity of aircraft traffic which is applicable in normal circumstances. (3) Average sound level.--The term ``average sound level'' means the level, in decibels, of the mean-square, A-weighted sound pressure during a specified period, with reference to the square of the standard reference sound pressure of 20 micropascals. (4) Background sound level.--The term ``background sound level'' means the hourly average sound level, in decibels, measured at a site representative of a relatively quiet residential location within an area (with aircraft noise contributions excluded). (5) Day-night average sound level.--The term ``day-night average sound level'' means the 24-hour average sound level, in decibels, for the period from midnight to midnight, obtained after the addition of 10 decibels to sound levels during nighttime hours. (6) Nighttime hours.--The term ``nighttime hours'' means the periods between midnight and 7 a.m. and between 10 p.m. and midnight local time. (7) Normal circumstances.--The term ``normal circumstances'' means all circumstances other than unusually adverse weather and emergency circumstances. (8) Secretary.--The term ``Secretary'' means the Secretary of Transportation. (9) Single event maximum sound level.--The term ``single event maximum sound level'' means the level, in decibels, of the maximum A-weighted sound pressure during an aircraft overflight obtained using a standard sound level meter under a slow response setting. (10) Vicinity of an airport.--The term ``vicinity of an airport'' means the geographic area surrounding an airport established before the date of the enactment of this Act described nominally as follows: (A) The area extending in all directions a distance of 1.5 miles from each runway established before such date of the enactment. (B) The rectangular area defined by drawing a straight center line a distance of 4 miles from the end of each runway established before such date of the enactment in the direction of heaviest traffic and extending 1.5 miles perpendicular from the center line on each side of such runway.

Aviation Noise Limit Act of 1993 - Directs the Secretary of Transportation (Secretary) to develop a staged plan to reduce by at least 75 percent on or before January 1, 2001, the number of individuals residing in residential areas in the vicinity of an airport who are exposed to a yearly day-night average sound level of 60 decibels or above. Requires the Secretary in developing such plan to consider various methods for aviation noise reduction, including soundproofing, relocation incentives, use of quieter aircraft, operations restrictions, and revision of air routes. Authorizes the Administrator of the Federal Aviation Administration to make airspace traffic changes in residential areas if they will not result in an increase in aviation noise.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Oil and Gas Industry Antitrust Act of 2006''. SEC. 2. PROHIBITION ON UNILATERAL WITHHOLDING. The Clayton Act (15 U.S.C. 12 et seq.) is amended-- (1) by redesignating section 28 as section 29; and (2) by inserting after section 27 the following: ``SEC. 28. OIL AND NATURAL GAS. ``(a) In General.--Except as provided in subsection (b), it shall be unlawful for any person to refuse to sell, or to export or divert, existing supplies of petroleum, gasoline, or other fuel derived from petroleum, or natural gas with the primary intention of increasing prices or creating a shortage in a geographic market. ``(b) Considerations.--In determining whether a person who has refused to sell, or exported or diverted, existing supplies of petroleum, gasoline, or other fuel derived from petroleum or natural gas has done so with the intent of increasing prices or creating a shortage in a geographic market under subsection (a), the court shall consider whether-- ``(1) the cost of acquiring, producing, refining, processing, marketing, selling, or otherwise making such products available has increased; and ``(2) the price obtained from exporting or diverting existing supplies is greater than the price obtained where the existing supplies are located or are intended to be shipped.''. SEC. 3. REVIEW OF CLAYTON ACT. (a) In General.--The Attorney General and the Chairman of the Federal Trade Commission shall conduct a study, including a review of the report submitted under section 4, regarding whether section 7 of the Clayton Act should be amended to modify how that section applies to persons engaged in the business of exploring for, producing, refining, or otherwise processing, storing, marketing, selling, or otherwise making available petroleum, gasoline or other fuel derived from petroleum, or natural gas. (b) Report.--Not later than 270 days after the date of enactment of this Act, the Attorney General and the Chairman of the Federal Trade Commission shall submit a report to Congress regarding the findings of the study conducted under subsection (a), including recommendations and proposed legislation, if any. SEC. 4. STUDY BY THE GOVERNMENT ACCOUNTABILITY OFFICE. (a) Definition.--In this section, the term ``covered consent decree'' means a consent decree-- (1) to which either the Federal Trade Commission or the Department of Justice is a party; (2) that was entered by the district court not earlier than 10 years before the date of enactment of this Act; (3) that required divestitures; and (4) that involved a person engaged in the business of exploring for, producing, refining, or otherwise processing, storing, marketing, selling, or otherwise making available petroleum, gasoline or other fuel derived from petroleum, or natural gas. (b) Requirement for a Study.--Not later than 180 days after the date of enactment of this Act, the Comptroller General of the United States shall conduct a study evaluating the effectiveness of divestitures required under covered consent decrees. (c) Requirement for a Report.--Not later than 180 days after the date of enactment of this Act, the Comptroller General shall submit a report to Congress, the Federal Trade Commission, and the Department of Justice regarding the findings of the study conducted under subsection (b). (d) Federal Agency Consideration.--Upon receipt of the report required by subsection (c), the Attorney General or the Chairman of the Federal Trade Commission, as appropriate, shall consider whether any additional action is required to restore competition or prevent a substantial lessening of competition occurring as a result of any transaction that was the subject of the study conducted under subsection (b). SEC. 5. JOINT FEDERAL AND STATE TASK FORCE. The Attorney General and the Chairman of the Federal Trade Commission shall establish a joint Federal-State task force, which shall include the attorney general of any State that chooses to participate, to investigate information sharing (including through the use of exchange agreements and commercial information services) among persons in the business of exploring for, producing, refining, or otherwise processing, storing, marketing, selling, or otherwise making available petroleum, gasoline or other fuel derived from petroleum, or natural gas (including any person about which the Energy Information Administration collects financial and operating data as part of its Financial Reporting System). SEC. 6. NO OIL PRODUCING AND EXPORTING CARTELS. (a) Short Title.--This section may be cited as the ``No Oil Producing and Exporting Cartels Act of 2006'' or ``NOPEC''. (b) Sherman Act.--The Sherman Act (15 U.S.C. 1 et seq.) is amended-- (1) by redesignating section 8 as section 9; and (2) by inserting after section 7 the following: ``SEC. 8. OIL PRODUCING CARTELS. ``(a) In General.--It shall be illegal and a violation of this Act for any foreign state, or any instrumentality or agent of any foreign state, in the circumstances described in subsection (b), to act collectively or in combination with any other foreign state, any instrumentality or agent of any other foreign state, or any other person, whether by cartel or any other association or form of cooperation or joint action-- ``(1) to limit the production or distribution of oil, natural gas, or any other petroleum product; ``(2) to set or maintain the price of oil, natural gas, or any petroleum product; or ``(3) to otherwise take any action in restraint of trade for oil, natural gas, or any petroleum product. ``(b) Circumstances.--The circumstances described in this subsection are an instance when an action, combination, or collective action described in subsection (a) has a direct, substantial, and reasonably foreseeable effect on the market, supply, price, or distribution of oil, natural gas, or other petroleum product in the United States. ``(c) Sovereign Immunity.--A foreign state engaged in conduct in violation of subsection (a) shall not be immune under the doctrine of sovereign immunity from the jurisdiction or judgments of the courts of the United States in any action brought to enforce this section. ``(d) Inapplicability of Act of State Doctrine.--No court of the United States shall decline, based on the act of state doctrine, to make a determination on the merits in an action brought under this section. ``(e) Enforcement.--The Attorney General of the United States may bring an action to enforce this section in any district court of the United States as provided under the antitrust laws, as defined in section 1(a) of the Clayton Act (15 U.S.C. 12(a)).''. (c) Sovereign Immunity.--Section 1605(a) of title 28, United States Code, is amended-- (1) in paragraph (6), by striking ``or'' at the end; (2) in paragraph (7), by striking the period at the end and inserting ``; or''; and (3) by adding at the end the following: ``(8) in which the action is brought under section 8 of the Sherman Act.''.

Oil and Gas Industry Antitrust Act of 2006 - Amends the Clayton Act to make it unlawful for any person to refuse to sell, or to export or divert, existing supplies of petroleum, gasoline, or other fuel derived from petroleum, or natural gas, with the primary intention of increasing prices or creating a shortage in a geographic market. Directs the Attorney General (AG) and the Chairman of the Federal Trade Commission (FTC) to study whether section 7 of the Clayton Act (prohibiting certain mergers or acquisitions) should be amended to modify how that section applies to persons engaged in the business of exploring for, producing, refining, or otherwise processing, storing, marketing, selling, or otherwise making available petroleum, gasoline or other fuel derived from petroleum, or natural gas. Requires the Comptroller General to study the effectiveness of divestitures required under certain prior oil and gas industry consent decrees. Directs the AG and FTC Chairman to establish a joint federal-state task force to investigate information sharing among persons in the oil and gas industry. No Oil Producing and Exporting Cartels Act of 2006 or NOPEC - Amends the Sherman Act to make it illegal for any foreign state or instrumentality thereof to act collectively with any other foreign state or instrumentality to: (1) limit oil production or distribution; (2) set or maintain the price of oil; or (3) take any other action in restraint of trade for oil, natural gas, or any petroleum product.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Delaware River Protection Act of 2005''. SEC. 2. REQUIREMENT TO NOTIFY COAST GUARD OF RELEASE OF OBJECTS INTO THE NAVIGABLE WATERS OF THE UNITED STATES. The Ports and Waterways Safety Act (33 U.S.C. 1221 et seq.) is amended by adding at the end the following: ``SEC. 15. REQUIREMENT TO NOTIFY COAST GUARD OF RELEASE OF OBJECTS INTO THE NAVIGABLE WATERS OF THE UNITED STATES. ``(a) Requirement.--As soon as a person has knowledge of any release from a vessel or facility into the navigable waters of the United States of any object that creates an obstruction prohibited under section 10 of the Act of March 3, 1899, popularly known as the Rivers and Harbors Appropriations Act of 1899 (chapter 425; 33 U.S.C. 403), such person shall notify the Secretary and the Secretary of the Army of such release. ``(b) Restriction on Use of Notification.--Any notification provided by an individual in accordance with subsection (a) shall not be used against such individual in any criminal case, except a prosecution for perjury or for giving a false statement.''. SEC. 3. LIMITS ON LIABILITY. (a) Adjustment of Liability Limits.-- (1) Tank vessels.--Section 1004(a)(1) of the Oil Pollution Act of 1990 (33 U.S.C. 2704(a)(1)) is amended-- (A) by redesignating subparagraph (B) as subparagraph (C); (B) by striking subparagraph (A) and inserting the following: ``(A) with respect to a single-hull vessel, including a single-hull vessel fitted with double sides only or a double bottom only-- ``(i) $1,550 per gross ton for an incident that occurs in 2005; ``(ii) $1,900 per gross ton for an incident that occurs in 2006; or ``(iii) $2,250 per gross ton for an incident that occurs in 2007 or in any year thereafter; or ``(B) with respect to a double-hull vessel (other than any vessel referred to in subparagraph (A))-- ``(i) $1,350 per gross ton for an incident that occurs in 2005; ``(ii) $1,500 per gross ton for an incident that occurs in 2006; and ``(iii) $1,700 per gross ton for any incident that occurs in 2007 or in any year thereafter; or''; and (C) in subparagraph (C), as redesignated by subparagraph (A) of this paragraph-- (i) in clause (i) by striking ``$10,000,000'' and inserting ``$14,000,000''; and (ii) in clause (ii) by striking ``$2,000,000'' and inserting ``$2,500,000''. (2) Limitation on application.--In the case of an incident occurring before the date of the enactment of this Act, section 1004(a)(1) of the Oil Pollution Act of 1990 (33 U.S.C. 2704(a)(1)) shall apply as in effect immediately before the effective date of this subsection. (b) Adjustment to Reflect Consumer Price Index.--Section 1004(d)(4) of the Oil Pollution Act of 1990 (33 U.S.C. 2704(d)(4)) is amended to read as follows: ``(4) Adjustment to reflect consumer price index.--The President shall, by regulations issued no later than 3 years after the date of the enactment of the Delaware River Protection Act of 2005 and no less than every 3 years thereafter, adjust the limits on liability specified in subsection (a) to reflect significant increases in the Consumer Price Index.''. SEC. 4. REQUIREMENT TO UPDATE PHILADELPHIA AREA CONTINGENCY PLAN. The Philadelphia Area Committee established under section 311(j)(4) of the Federal Water Pollution Control Act (33 U.S.C. 1321(j)(4)) shall, by not later than 12 months after the date of the enactment of this Act and not less than annually thereafter, review and revise the Philadelphia Area Contingency Plan to include available data and biological information on environmentally sensitive areas of the Delaware River and Delaware Bay that has been collected by Federal and State surveys. SEC. 5. SUBMERGED OIL REMOVAL. (a) Amendments.--Title VII of the Oil Pollution Act of 1990 is amended-- (1) in section 7001(c)(4)(B) (33 U.S.C. 2761(c)(4)(B)) by striking ``RIVERA,'' and inserting ``RIVERA and the T/V ATHOS I;''; and (2) by adding at the end the following: ``SEC. 7002. SUBMERGED OIL PROGRAM. ``(a) Program.-- ``(1) Establishment.--The Undersecretary of Commerce for Oceans and Atmosphere, in conjunction with the Commandant of the Coast Guard, shall establish a program to detect, monitor, and evaluate the environmental effects of submerged oil. Such program shall include the following elements: ``(A) The development of methods to remove, disperse or otherwise diminish the persistence of submerged oil. ``(B) The development of improved models and capacities for predicting the environmental fate, transport, and effects of submerged oil. ``(C) The development of techniques to detect and monitor submerged oil. ``(2) Report.--The Secretary of Commerce shall, no later than 3 years after the date of the enactment of the Delaware River Protection Act of 2005, submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation and the Committee on Environment and Public Works of the Senate a report on the activities carried out under this subsection and activities proposed to be carried out under this subsection. ``(3) Funding.--There is authorized to be appropriated to the Secretary of Commerce $1,000,000 for each of fiscal years 2006 through 2010 to carry out this subsection. ``(b) Demonstration Project.-- ``(1) Removal of submerged oil.--The Commandant of the Coast Guard, in conjunction with the Undersecretary of Commerce for Oceans and Atmosphere, shall conduct a demonstration project for the purpose of developing and demonstrating technologies and management practices to remove submerged oil from the Delaware River and other navigable waters. ``(2) Funding.--There is authorized to be appropriated to the Commandant of the Coast Guard $2,000,000 for each of fiscal years 2006 through 2010 to carry out this subsection.''. (b) Clerical Amendment.--The table of sections in section 2 of such Act is amended by inserting after the item relating to section 7001 the following: ``Sec. 7002. Submerged oil program.''. SEC. 6. DELAWARE RIVER AND BAY OIL SPILL ADVISORY COMMITTEE. (a) Establishment.--There is established the Delaware River and Bay Oil Spill Advisory Committee (in this section referred to as the ``Committee''). (b) Functions.-- (1) In general.--The Committee shall, by not later than 1 year after the date the Commandant of the Coast Guard (in this section referred to as the ``Commandant'') completes appointment of the members of the Committee, make recommendations to the Commandant, the Committee on Transportation and Infrastructure of the House of Representatives, and the Committee on Commerce, Science, and Transportation of the Senate on methods to improve the prevention of and response to future oil spills in the Delaware River and Delaware Bay. (2) Meetings.--The Committee-- (A) shall hold its first meeting not later than 60 days after the completion of the appointment of the members of the Committee; and (B) shall meet thereafter at the call of the Chairman. (c) Membership.--The Committee shall consist of 15 members who have particular expertise, knowledge, and experience regarding the transportation, equipment, and techniques that are used to ship cargo and to navigate vessels in the Delaware River and Delaware Bay, as follows: (1) Three members who are employed by port authorities that oversee operations on the Delaware River or have been selected to represent these entities, of whom-- (A) one member must be an employee or representative of the Port of Wilmington; (B) one member must be an employee or representative of the South Jersey Port Corporation; and (C) one member must be an employee or representative of the Philadelphia Regional Port Authority. (2) Two members who represent organizations that operate tugs or barges that utilize the port facilities on the Delaware River and Delaware Bay. (3) Two members who represent shipping companies that transport cargo by vessel from ports on the Delaware River and Delaware Bay. (4) Two members who represent operators of oil refineries on the Delaware River and Delaware Bay. (5) Two members who represent environmental and conservation interests. (6) Two members who represent State-licensed pilots who work on the Delaware River and Delaware Bay. (7) One member who represents labor organizations that load and unload cargo at ports on the Delaware River and Delaware Bay. (8) One member who represents the general public. (d) Appointment of Members.--The Commandant shall appoint the members of the Committee, after soliciting nominations by notice published in the Federal Register. (e) Chairman and Vice Chairman.--The Committee shall elect, by majority vote at its first meeting, one of the members of the Committee as the Chairman and one of the members as the Vice Chairman. The Vice Chairman shall act as Chairman in the absence of or incapacity of the Chairman, or in the event of vacancy in the Office of the Chairman. (f) Pay and Expenses.-- (1) Prohibition on pay.--Members of the Committee who are not officers or employees of the United States shall serve without pay. Members of the Committee who are officers or employees of the United States shall receive no additional pay on account of their service on the Committee. (2) Expenses.--While away from their homes or regular places of business, members of the Committee may be allowed travel expenses, including per diem, in lieu of subsistence, as authorized by section 5703 of title 5, United States Code. (g) Termination.--The Committee shall terminate one year after the completion of the appointment of the members of the Committee. SEC. 7. MARITIME FIRE AND SAFETY ACTIVITIES. The Maritime Transportation Security Act of 2002 (Public Law 107- 295) is amended-- (1) in section 407-- (A) in the heading by striking ``lower columbia river''; and (B) by striking ``$987,400'' and inserting ``$1,500,000''; and (2) in the table of contents in section 1(b) by striking the item relating to section 407 and inserting the following: ``Sec. 407. Maritime fire and safety activities.''. Passed the House of Representatives June 27, 2005. Attest: JEFF TRANDAHL, Clerk.

Delaware River Protection Act of 2005 - (Sec. 2) Amends the Ports and Waterways Safety Act to require any person who knows of a release from a vessel or facility of any object that creates an obstruction in the navigable waters of the United States to notify the Secretary of the department in which the Coast Guard is operating and the Secretary of the Army. (Sec. 3) Amends the Oil Pollution Act of 1990 to gradually increase liability limits associated with oil spills for single-hull and double-hull tank vessels and other type tank vessels. (Sec. 4) Requires the Philadelphia Area Committee to review and revise annually the Philadelphia Area Contingency Plan (a plan to remove a worst case discharge, and to mitigate or prevent a substantial threat of such a discharge, from a vessel, offshore facility, or onshore facility operating in or near an area) to include available data and biological information on environmentally sensitive areas of the Delaware River and Delaware Bay that has been collected by federal and state surveys. (Sec. 5) Establishes the submerged oil program to detect, monitor, and evaluate the environmental effects of submerged oil. Directs the Commandant of the Coast Guard to conduct a demonstration project to develop and demonstrate technologies and management practices to remove submerged oil from the Delaware River and other navigable waters. Authorizes appropriations for FY2006-FY2010. (Sec. 6) Establishes the Delaware River and Bay Oil Spill Advisory Committee to make recommendations to the Commandant and Congress on methods to improve the prevention of and response to future oil spills in the Delaware River and Delaware Bay.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Microlending Expansion Act of 2009''. SEC. 2. MICROLOAN CREDIT BUILDING INITIATIVE. Section 7(m) of the Small Business Act (15 U.S.C. 636(m)) is amended by adding at the end the following: ``(14) Credit reporting information.--The Administrator shall establish a process, for use by an intermediary making a loan to a borrower under this subsection, under which the intermediary shall provide to the major credit reporting agencies the information about the borrower, both positive and negative, that is relevant to credit reporting, such as the payment activity of the borrower on the loan. Such process shall allow an intermediary the option of providing information to the major credit reporting agencies through the Administration or independently.''. SEC. 3. FLEXIBLE CREDIT TERMS. Section 7(m) of the Small Business Act (15 U.S.C. 636(m)), as amended by this Act, is further amended-- (1) in paragraph (1)(B)(i) by striking ``short-term,''; (2) in paragraph (6)(A) by striking ``short-term,''; and (3) in paragraph (11)(B) by striking ``short-term,''. SEC. 4. INCREASED PROGRAM PARTICIPATION. Section 7(m)(2) of the Small Business Act (15 U.S.C. 636(m)(2)) is amended-- (1) in subparagraph (A) by striking ``paragraph (10)'' and inserting ``paragraph (11)''; and (2) by amending subparagraph (B) to read as follows: ``(B) has-- ``(i) at least-- ``(I) 1 year of experience making microloans to startup, newly established, or growing small business concerns; or ``(II) 1 full-time employee who has not less than 3 years of experience making microloans to startup, newly established, or growing small business concerns; and ``(ii) at least-- ``(I) 1 year of experience providing, as an integral part of its microloan program, intensive marketing, management, and technical assistance to its borrowers; or ``(II) 1 full-time employee who has not less than 1 year of experience providing intensive marketing, management, and technical assistance to borrowers.''. SEC. 5. INCREASED LIMIT ON INTERMEDIARY BORROWING. Section 7(m)(3)(C) of the Small Business Act (15 U.S.C. 636(m)(3)(C)) is amended-- (1) by striking ``$750,000'' and inserting ``$1,000,000''; (2) by striking ``$3,500,000'' and inserting ``$7,000,000''; and (3) by adding at the end the following: ``The Administrator may treat the amount of $7,000,000 in this subparagraph as if such amount is $10,000,000 if the Administrator determines, with respect to an intermediary, that such treatment is appropriate.''. SEC. 6. EXPANDED BORROWER EDUCATION ASSISTANCE. Section 7(m)(4)(E) of the Small Business Act (15 U.S.C. 636(m)(4)(E)) is amended-- (1) in clause (i) by striking ``25 percent'' and inserting ``35 percent''; and (2) in clause (ii) by striking ``25 percent'' and inserting ``35 percent''. SEC. 7. YOUNG ENTREPRENEURS PROGRAM. Section 7(m)(4) of the Small Business Act (15 U.S.C. 636(m)(4)) is amended by adding at the end the following: ``(G) Young entrepreneurs program.-- ``(i) In general.--An intermediary that receives a grant under paragraph (1)(B)(ii) may establish a program for the geographic area served by such intermediary that provides to young entrepreneurs technical assistance regarding the following: ``(I) Establishing or operating a small business concern in the geographic area served by the intermediary. ``(II) Acquiring or securing financing to carry out the activities described in subclause (I). ``(ii) Young entrepreneur defined.--For purposes of this subparagraph, a young entrepreneur is an individual who-- ``(I) is 25 years of age or younger; and ``(II) has resided in the geographic area served by the intermediary for not less than 2 years. ``(iii) Good faith effort requirement.--If a young entrepreneur who receives technical assistance under this subparagraph from an intermediary establishes or operates a small business concern, the young entrepreneur shall make a good faith effort to establish or operate such concern in the geographic area served by the intermediary. ``(iv) Deferred repayment.--If a small business concern established or operated by a young entrepreneur receives a loan under this subsection, such concern may defer repayment on such loan for a period of not more than 6 months beginning on the date that such concern receives the final disbursement of such loan.''. SEC. 8. INTEREST RATES AND LOAN SIZE. Section 7(m) of the Small Business Act (15 U.S.C. 636(m)), as amended by this Act, is further amended-- (1) in paragraph (3)(F)(iii) by striking ``$7,500'' and inserting ``$10,000''; (2) in paragraph (6)(C)(i) by striking ``$7,500'' and inserting ``$10,000''; and (3) in paragraph (6)(C)(ii) by striking ``$7,500'' and inserting ``$10,000''. SEC. 9. REPORTING REQUIREMENT. Section 7(m) of the Small Business Act (15 U.S.C. 636(m)), as amended by this Act, is further amended by adding at the end the following: ``(15) Reporting requirement.--Not later than 90 days after the end of each fiscal year, the Administrator shall submit to the Committee on Small Business of the House of Representatives and the Committee on Small Business and Entrepreneurship of the Senate a report that includes, with respect to such fiscal year of the microloan program, the following: ``(A) The names and locations of each intermediary that received funds to make microloans or provide marketing, management, and technical assistance. ``(B) The amounts of each loan and each grant provided to each such intermediary in such fiscal year and in prior fiscal years. ``(C) A description of the contributions from non- Federal sources of each such intermediary. ``(D) The number and amounts of microloans made by each such intermediary to all borrowers and to each of the following: ``(i) Women entrepreneurs and business owners. ``(ii) Low-income entrepreneurs and business owners. ``(iii) Veteran entrepreneurs and business owners. ``(iv) Disabled entrepreneurs and business owners. ``(v) Minority entrepreneurs and business owners. ``(E) A description of the marketing, management, and technical assistance provided by each such intermediary to all borrowers and to each of the following: ``(i) Women entrepreneurs and business owners. ``(ii) Low-income entrepreneurs and business owners. ``(iii) Veteran entrepreneurs and business owners. ``(iv) Disabled entrepreneurs and business owners. ``(v) Minority entrepreneurs and business owners. ``(F) The number of jobs created and retained as a result of microloans and marketing, management, and technical assistance provided by each such intermediary. ``(G) The repayment history of each such intermediary. ``(H) The number of businesses that achieved success after receipt of a microloan.''. SEC. 10. SURPLUS INTEREST RATE SUBSIDY FOR BUSINESSES. Section 7(m) of the Small Business Act (15 U.S.C. 636(m)), as amended by this Act, is further amended by adding at the end the following: ``(16) Interest assistance.--The Administrator is authorized to make grants to intermediaries for the purposes of reducing interest rates charged to borrowers that receive financing under this subsection.''. SEC. 11. AUTHORIZATION OF APPROPRIATIONS. Section 20 of the Small Business Act (15 U.S.C. 631 note) is amended by inserting after subsection (e) the following: ``(f) Fiscal Years 2010 and 2011 With Respect to Section 7(m).-- ``(1) Program levels.--For the programs authorized by this Act, the Administration is authorized to make during each of fiscal years 2010 and 2011-- ``(A) $80,000,000 in technical assistance grants, as provided in section 7(m); ``(B) $110,000,000 in direct loans, as provided in section 7(m); and ``(C) $10,000,000 in interest assistance grants, as provided in section 7(m)(16). ``(2) Authorization of appropriations.--There is authorized to be appropriated such sums as may be necessary to carry out paragraph (1).''. SEC. 12. REGULATIONS. Except as otherwise provided in this Act or in amendments made by this Act, after an opportunity for notice and comment, but not later than 180 days after the date of the enactment of this Act, the Administrator shall issue regulations to carry out this Act and the amendments made by this Act. Passed the House of Representatives November 7, 2009. Attest: LORRAINE C. MILLER, Clerk.

Small Business Microlending Expansion Act of 2009 - (Sec. 2) Amends the Small Business Act with respect to the Small Business Administration (SBA) Microloan program (small-scale loans to start-up, newly established, or growing small businesses for working capital or the acquisition of materials, supplies, or equipment) to direct the SBA Administrator to establish a process under which an intermediary making a Microloan loan provides relevant borrower information to the major credit reporting agencies. (Sec. 3) Removes the requirement that such loans be short-term only. (Sec. 4) Increases eligibility for Microloan program participation to include intermediaries with at least one full-time employee with not less than: (1) three years of experience making microloans to startup, newly established, or growing small businesses; or (2) one year of experience providing intensive marketing, management, and technical assistance to borrowers. (Sec. 5) Increases from: (1) $750,000 to $1 million the loan limit to an intermediary in the first year of participation; and (2) $3.5 million to $7 million the loan limit for the remaining years of participation. (Sec. 6) Increases from 25% to 35% of grant funds received the maximum amount that may be used by an intermediary to provide information and technical assistance to small business borrowers. (Sec. 7) Allows intermediaries that receive grants to establish a program that provides technical assistance to young entrepreneurs in establishing or operating a small business, or in securing financing, in the area served by the intermediary. (Sec. 8) Increases from $7,500 to $10,000 the maximum loan amount to a small business borrower that will qualify for a reduced interest rate from the intermediary. (Sec. 9) Directs the Administrator to submit annually to the congressional small business committees specified information with respect to the Microloan program, including participating intermediaries and borrowers, and the marketing, management, and technical assistance provided. (Sec. 10) Authorizes the Administrator to make grants to intermediaries for reducing interest rates charged to Microloan borrowers (interest assistance grants). (Sec. 11) Authorizes the Administrator to make Microloan technical assistance grants, direct loans, and interest assistance grants for FY2010-FY2011, and authorizes appropriations for such loans and grants.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Home Improvement Loan Modernization Act of 2014''. SEC. 2. MODIFICATION TO PREMIUM CHARGES ON FINANCING CERTAIN ALTERATIONS, REPAIRS, AND IMPROVEMENTS TO, OR CONVERSIONS OF, EXISTING STRUCTURES. Subsection (f) of section 2 of the National Housing Act (12 U.S.C. 1703(f)) is amended-- (1) in paragraph (2), by striking ``paragraph (1)'' and inserting ``paragraphs (1) and (3)''; and (2) by inserting at the end the following new paragraph: ``(3) Financing alterations, repairs, improvements, or conversions.--Notwithstanding paragraphs (1) and (2), in the case of a loan, advance of credit, or purchase in connection with insurance granted under subparagraph (A)(i) or subparagraph (B) of paragraph (1), the premium charge for such insurance shall be paid by the financial institution providing the loan or advance of credit, as follows: ``(A) At the time of the making of the loan, advance of credit, or purchase, a single premium payment in an amount not to exceed 2.75 percent of the amount of the original insured principal obligation. ``(B) In addition to the premium under subparagraph (A), annual premium payments during the term of the loan, advance, or obligation purchased in an amount not exceeding 1.5 percent of the remaining insured principal balance (excluding the portion of the remaining balance attributable to the premium collected under subparagraph (A) and without taking into account delinquent payments or prepayments). ``(C) Premium charges under this paragraph shall be established in amounts that are sufficient, but do not exceed the minimum amounts necessary (as determined based upon risk to the Federal Government under existing underwriting requirements) to maintain a negative credit subsidy for the program under this section for insurance of loans, advances of credit, or purchases in connection with-- ``(i) financing alterations, repairs, and improvements for single-family structures; and ``(ii) financing alterations, repairs, improvements, or conversions of an existing structure used or to be used as an apartment house or a dwelling for two or more families. ``(D) The Secretary may increase the limitations on premium payments to percentages above those set forth in subparagraphs (A) and (B), but only if necessary, and not in excess of the minimum increase necessary, to maintain a negative credit subsidy as described in subparagraph (C).''. SEC. 3. MODIFICATION TO LOAN LIMITATION FOR FINANCING CERTAIN ALTERATIONS, REPAIRS, AND IMPROVEMENTS TO, OR CONVERSIONS OF, EXISTING STRUCTURES. Subsection (b) of section 2 of the National Housing Act (12 U.S.C. 1703(b)) is amended-- (1) in paragraph (1)-- (A) in subparagraph (A)(i), by striking ``$25,000'' and inserting ``$42,000''; (B) in subparagraph (B)-- (i) by striking ``$60,000'' and inserting ``$101,888''; and (ii) by striking ``$12,000'' and inserting ``$20,378''; and (C) in the matter after and below subparagraph (G), by adding at the end the following: ``The Secretary shall, by notice, annually increase the dollar amount limitation in subparagraph (A)(i) and subparagraph (B) (as such limitations may have been previously adjusted under this sentence) in accordance with the index established pursuant to paragraph (12).''; and (2) by adding at the end the following new paragraph: ``(12) Annual indexing of loans for financing alterations, repairs, and improvements to, or conversions of, existing structures.--Not later than 1 year after the date of enactment of the Home Improvement Loan Modernization Act of 2014, the Secretary shall develop a method of indexing to annually increase the dollar amount limitations established in subparagraph (A)(i) and subparagraph (B) of paragraph (1). Such index shall be based on the Consumer Price Index for all urban consumers (CPI-U) computed by the Bureau of Labor Statistics.''. SEC. 4. MODIFICATION TO LOAN LIMITATION FOR ENERGY EFFICIENCY HOME IMPROVEMENTS. Subsection (b) of section 2 of the National Housing Act (12 U.S.C. 1703(b)), as amended by section 2 of this Act, is further amended by adding at the end the following new paragraph: ``(13) The dollar amount limitations otherwise applicable under subparagraph (A)(i) and subparagraph (B) of paragraph (1) (as adjusted by paragraph (12)) may be increased up to 150 percent of such limitation if at least half of the amount will be used for energy conserving improvements or the installation of solar energy systems (as defined in the last paragraph of section 2(a) of this Act).''.

Home Improvement Loan Modernization Act of 2014 - Amends the National Housing Act to specify the premium charge paid by a financial institution to insure any loan, advance of credit, or purchase of obligations representing loans and advances of credit it makes to finance certain home improvements for both existing single-family and multifamily structures. Sets the initial premium at 2.75% of the original insured principal obligation, with annual premium payments not to exceed 1.5% of the remaining balance. Limits any premium charges to the minimum amounts necessary to maintain a negative credit subsidy for the insurance program. Increases the maximum obligation that may be insured for improvements to: (1) an existing single-family dwelling from $25,000 to $42,000; and (2) an existing multi-family structure from $60,000 to $101,888, with an average amount of $20,378 (currently $12,000) per family unit. Directs the Secretary of Housing and Urban Development (HUD) to develop a method of indexing to increase these dollar amount limitations annually, based on the Consumer Price Index for all urban consumers (CPI-U) computed by the Bureau of Labor Statistics (BLS). Allows an increase in these dollar amount limitations also by up to 150% if at least half of the amount will be used for energy conserving improvements or the installation of solar energy systems.

15,790

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Commercial Competitiveness and Labor Rights in China Act of 2000''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings and purpose. Sec. 3. Establishment of rule of law programs. Sec. 4. Administrative authorities. Sec. 5. Prohibition relating to human rights abuses. Sec. 6. Authorization of appropriations. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.-- (1) The United States and the People's Republic of China signed a bilateral agreement on November 15, 1999, on accession of China to the World Trade Organization (hereinafter referred to as the ``China-WTO Agreement''), under which China made a detailed set of concessions eliminating or limiting tariff and non-tariff barriers to trade in order to become a member of the World Trade Organization (WTO). (2) Under the China-WTO Agreement, the Government of the People's Republic of China will be required to amend many of its laws, transform its institutions, and change its policies to bring them into conformity with international trade rules. (3) Officials of the Government of the People's Republic of China, both at the national and provincial levels, must interpret and implement the terms and conditions of the China- WTO Agreement and the WTO regime into concrete policies, rules, and regulations--a process which can materially benefit or harm United States companies and their workers. (4) The China-WTO Agreement, despite the desperate need in the People's Republic of China for independent labor unions and other resources which inform workers of their rights and fight against exploitative working conditions, does not require China to make changes in the labor rights area. (5) The United States currently provides a small amount of assistance to promote the rule of law in the People's Republic of China, but does not have authorization to help officials of the Chinese Government to write the laws, rules, and regulations necessary to implement its obligations under the China-WTO Agreement, or to promote better enforcement of labor laws and regulations and respect for core labor rights as developed by the International Labor Organization. (6) Major United States trade competitors, including the European Union, Japan, France, Germany, Canada, and Australia, have already launched extensive, multi-year rule of law programs in the People's Republic of China designed to promote rationality and openness in the administration of commercial law as well as to assist the People's Republic of China in revising its trade and investment laws to make them consistent with the requirements of the WTO, through training programs, workshops, seminars, and exchanges. (7) It is critical that the United States aggressively protect its hard-won concessions from the People's Republic of China relating to WTO membership by ensuring that China-- (A) writes laws, rules, and regulations that are fair, open, and transparent, and that do not discriminate against United States commercial interests; and (B) revises and expands existing labor legislation to bring labor laws into compliance with internationally-recognized core labor standards, as defined by the International Labor Organization, and as noted in the International Covenants on Civil and Political Rights, and Economic, Social and Cultural Rights. (8) Over the last eight years, the Commercial Law Development Division of the United States Department of Commerce has dispatched United States lawyers to developing countries to help such countries improve their laws and institutions in order to promote economic reform and compliance with international trade regimes. (9) Extending commercial and labor rule of law programs in the People's Republic of China will further United States national interests even if the Government of China continues to impede the development of the rule of law in others aspects of Chinese society. (b) Purpose.--The purpose of this Act is to establish commercial and labor rule of law programs in the People's Republic of China to enhance rationality and accountability in the administration of justice in the commercial area, strengthen labor rights protection, and lay the intellectual and institutional groundwork for further reforms. SEC. 3. ESTABLISHMENT OF RULE OF LAW PROGRAMS. (a) Commercial Rule of Law Program.-- (1) In general.--The Secretary of Commerce, in consultation with the Secretary of State and the Administrator of the United States Agency for International Development, is authorized to establish a program to conduct rule of law training and technical assistance related to commercial activities in the People's Republic of China. (2) Role of the secretary of state.--The Secretary of State shall provide foreign policy guidance to the Secretary of Commerce to ensure that the program established under paragraph (1) is effectively integrated into the foreign policy of the United States. (b) Labor Rule of Law Program.-- (1) In general.--The Secretary of State, in consultation with the Secretary of Labor, is authorized to establish a program to conduct rule of law training and technical assistance related to labor activities in the People's Republic of China. (2) Limitation.--The Secretary of State shall not provide assistance under the program authorized by paragraph (1) to the All-China Federation of Trade Unions. (c) Conduct of Programs.--The programs authorized by this section may be used to conduct activities such as seminars and workshops, drafting of commercial and labor codes, legal training, publications, financing the operating costs for nongovernmental organizations working in this area, and funding the travel of individuals to the United States and to the People's Republic of China to provide and receive training. SEC. 4. ADMINISTRATIVE AUTHORITIES. In carrying out the programs authorized by section 3, the Secretary of Commerce and the Secretary of State may utilize any of the authorities contained in the Foreign Assistance Act of 1961 and the Foreign Service Act of 1980. SEC. 5. PROHIBITION RELATING TO HUMAN RIGHTS ABUSES. Amounts made available to carry out this Act may not be provided to a component of a ministry or other administrative unit of the national, provincial, or other local governments of the People's Republic of China, to a nongovernmental organization, or to an official of such governments or organizations, if the President has credible evidence that such component, administrative unit, organization or official has been materially responsible for the commission of human rights violations. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. (a) Commercial Law Program.--There are authorized to be appropriated to the Secretary of Commerce to carry out the program described in section 3(a) such sums as may be necessary for fiscal year 2001 and each subsequent fiscal year. (b) Labor Law Program.--There are authorized to be appropriated to the Secretary of State to carry out the program described in section 3(b) such sums as may be necessary for fiscal year 2001 and each subsequent fiscal year. (c) Construction With Other Laws.--Except as provided in this Act, funds appropriated pursuant to the authorization of appropriations in this section may be obligated or expended notwithstanding any other provision of law.

Requires the Secretary of State to provide foreign policy guidance to the Secretary of Commerce to ensure that such program is effectively integrated into U.S. foreign policy. Authorizes the Secretary of State to establish a program to conduct rule of law training and technical assistance related to labor activities in China (but not to the All-China Federation of Trade Unions). States that such programs may be used to conduct activities such as: (1) seminars and workshops; (2) drafting of commercial and labor codes; (3) legal training; (4) publications; (5) financing the operating costs for nongovernmental organizations working in this area; and (6) funding the travel of individuals to the United States and to China to provide and receive training. Authorizes the Secretaries of Commerce and of State, in carrying out such programs, to use any of the authorities contained in the Foreign Assistance Act of 1961 and the Foreign Service Act of 1980. Prohibits the provision of any funds under this Act to a component of a ministry or other administrative unit of the national, provincial, or other local governments of China, to a nongovernmental organization, or to an official of such governments or organizations, if the President has credible evidence that such component, administrative unit, organization or official has been materially responsible for the commission of human rights violations. Authorizes appropriations.

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SECTION 1. SUSPENSION OF ASSISTANCE. (a) Multilateral Economic Assistance.-- (1) In general.--The Secretary of the Treasury shall instruct the United States executive directors to the international financial institutions to oppose, and vote against, any extension by those institutions of any financial assistance (including any technical assistance or grant) of any kind to the Government of Indonesia. (2) Sense of congress.--It is the sense of Congress that the international financial institutions should withhold the balance of any undisbursed approved loans or other assistance to the Government of Indonesia. (3) International financial institutions defined.--In this section, the term ``international financial institution'' includes the International Monetary Fund, the International Bank for Reconstruction and Development, the International Development Association, the International Finance Corporation, the Multilateral Investment Guaranty Agency, and the Asian Development Bank. (b) Restriction on Bilateral Economic Assistance.--None of the funds appropriated or otherwise made available to carry out chapter 1 of part I (relating to development assistance) or chapter 4 of part II (relating to economic support fund assistance) of the Foreign Assistance Act of 1961 may be available for Indonesia, except subject to the procedures applicable to reprogramming notifications under section 634A of that Act. (c) Prohibition on Military-to-Military Cooperation and Support.-- (1) Assistance.--None of the funds appropriated or otherwise made available under the following provisions of law (including unobligated balances of prior year appropriations) may be available for Indonesia: (A) The Foreign Military Financing Program under section 23 of the Arms Export Control Act. (B) Chapter 2 of part II of the Foreign Assistance Act of 1961 (relating to military assistance). (C) Chapter 5 of part II of the Foreign Assistance Act of 1961 (relating to international military education and training assistance). (2) Licensing.--None of the funds appropriated or otherwise made available under the following provisions of law (including unobligated balances of prior year appropriations) may be available for licensing exports of defense articles or defense services to Indonesia under section 38 of the Arms Export Control Act. (d) Multilateral Efforts.--The President should coordinate with other countries, particularly member states of the Asia-Pacific Economic Cooperation (APEC) Forum, to develop a comprehensive, multilateral strategy to further the purposes of this Act, including urging other countries to take measures similar to those described in this Act. SEC. 2 . EXCEPTION. Section 1 shall not apply to the provision of food or medical assistance to Indonesia or East Timor for humanitarian purposes. SEC. 3. CONDITIONS FOR THE TERMINATION OF MEASURES. (a) In General.--The measures described in section 1 shall apply with respect to the Government of Indonesia until the President determines and certifies to the appropriate congressional committees that-- (1) a safe and secure environment exists in East Timor, that Timorese who were forced to flee the militia-led violence are able to safely return to East Timor, and that there is freedom of movement within East Timor; (2) the United Nations Assistance Mission in East Timor (UNAMET) can resume its mandate pursuant to the June 11, 1999, authorization by the United Nations Security Council without threat or intimidation of its personnel; (3) steps have been taken to implement the results of the August 30, 1999, vote on East Timor's political status, which expressed the will of a majority of the Timorese people; and (4) the Armed Forces of the Republic of Indonesia is conducting itself in a manner consistent with its responsibilities to its citizens and its international commitments. (b) Appropriate Congressional Committees Defined.--In this section, the term ``appropriate congressional committees'' means the Committee on Foreign Relations and the Committee on Appropriations of the Senate and the Committee on Banking and Financial Services and the Committee on Appropriations of the House of Representatives. SEC. 4. SENSE OF CONGRESS. It is the sense of Congress that the United States should strongly support the authorization of an international peacekeeping force for East Timor and support such a force in an appropriate manner.

Directs the Secretary of the Treasury to instruct the U.S. executive directors to the international financial institutions to oppose, and vote against, any extension of financial assistance of any kind to the Government of Indonesia (except humanitarian assistance to it or East Timor). Expresses the sense of Congress that such institutions should withhold the balance of any undisbursed approved loans or other assistance to the Government of Indonesia. Prohibits the availability of appropriated funds to Indonesia for: (1) economic and development assistance, except subject to the procedures applicable to reprogramming notifications; and (2) military assistance. Prohibits the licensing of exports of defense articles and defense services to Indonesia. Urges the President to coordinate with other countries (particularly member states of the Asia-pacific Economic Cooperation (APEC) Forum) to develop a comprehensive, multilateral strategy to further the purposes of this Act, including urging other countries to take measures similar to those contained in it. Imposes such prohibitions on the Government of Indonesia until the President determines and certifies to the appropriate congressional committees that: (1) a safe environment exists for the return of Timorese who were forced to flee the militia-led violence; (2) the UN Assistance Mission in East Timor (UNAMET) can resume its mandate pursuant to the June 11, 1999, authorization by the UN Security Council, without threat or intimidation; (3) steps have been taken to implement the results of the August 30, 1999, vote on East Timor's political status; and (4) the Armed Forces of the Republic of Indonesia is conducting itself in a manner consistent with its responsibilities to its citizens and its international commitments. Expresses the sense of Congress that the United States should strongly support the authorization of an international peacekeeping force for East Timor.

15,792

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Home Health Nurse and Patient Act of 2001''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. Sec. 3. Definitions. Sec. 4. OASIS Task Force (OTF). Sec. 5. Elimination of mandatory requirement to collect Outcomes Assessment and Information Set (OASIS) data from certain individuals. Sec. 6. Improving the claims review process for dually-eligible medicare and medicaid beneficiaries receiving home health services. Sec. 7. Claims Review and Audit Task Force (CRATF). Sec. 8. Implementation of Task Force recommendations. SEC. 2. FINDINGS. The Senate makes the following findings: (1) The Outcomes Assessment and Information Set (in this section referred to as ``OASIS'') includes information regarding the health and functional status of patients of home health agencies, the use of health services by such patients, the living conditions of such patients, and the social support provided to such patients, that is necessary to assess the quality of care being provided to medicare and medicaid patients by home health agencies. (2) According to the Comptroller General of the United States, the average additional time that is necessary for a home health agency to comply with the OASIS requirement for a start-of-care assessment is 61 minutes more than the amount of time to comply with such requirement estimated by the Centers for Medicare & Medicaid Services. (3) Existing Federal regulations and associated paperwork requirements are excessively straining home health agencies and their clinical staff, and are often reported by nurses to be the primary contributors to their decreased job satisfaction. (4) Many nurses and home health aides are leaving the home health care profession and patients are staying in the hospital longer than necessary. (5) A 2000 national survey of home health agencies by the Hospital and Healthcare Compensation Service reported a 21 percent turnover rate for registered nurses, a 24 percent turnover rate for licensed practical nurses, and a 28 percent turnover rate for home health aides. (6) In its May 17, 2001 report titled ``Nursing Workforce-- Recruitment and Retention of Nurses and Nurse Aides Is a Growing Concern'', the General Accounting Office reported that the jobs for nurse aides working in home health care are projected to increase by 58 percent, from 746,000 in 1998 to 1,200,000 in 2008. SEC. 3. DEFINITIONS. In this Act: (1) Comprehensive assessment of patients.--The term ``comprehensive assessment of patients'' means the rule published by the Centers for Medicare & Medicaid Services that requires, as a condition of participation in the medicare program, a home health agency to provide a patient-specific comprehensive assessment that accurately reflects the patient's current status and that incorporates the Outcome and Assessment Information Set (OASIS). (2) CRATF.--The term ``CRATF'' means the Claims Review and Audit Task Force established under section 7. (3) Home health agency.--The term ``home health agency'' has the meaning given that term under section 1861(o) of the Social Security Act (42 U.S.C. 1395x(o)). (4) Outcome and assessment information set; oasis.--The terms ``Outcome and Assessment Information Set'' and ``OASIS'' mean the standard provided under the rule relating to data items that must be used in conducting a comprehensive assessment of patients. (5) Medicaid beneficiary.--The term ``medicaid beneficiary'' means an individual who is eligible for medical assistance under a State plan under the medicaid program under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.). (6) Medicare beneficiary.--The term ``medicare beneficiary'' means an individual who is entitled to benefits under part A of title XVIII of the Social Security Act (42 U.S.C. 1395c et seq.) or enrolled under part B of such title (42 U.S.C. 1395j et seq.), including an individual who is enrolled in a Medicare+Choice plan under part C of such title (42 U.S.C. 1395w-21 et seq.). (7) OTF.--The term ``OTF'' means the OASIS Task Force established under section 4. (8) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services, acting through the Administrator of the Centers for Medicare & Medicaid Services. SEC. 4. OASIS TASK FORCE (OTF). (a) Establishment of the OASIS Task Force.--The Secretary shall establish the OASIS Task Force (in this section referred to as the ``OTF'') in accordance with the provisions of section 1114(f) of the Social Security Act (42 U.S.C. 1314(f)). (b) Membership.--The OTF shall be composed of 11 members appointed by the Secretary as follows: (1) 3 members shall be officers, employees, or designees of the Centers for Medicare & Medicaid Services. (2) 4 members shall be national home health industry representatives. (3) 4 members shall be patient advocates. (c) Date.--The Secretary shall appoint the members of the OTF not later than the date that is 60 days after the date of enactment of this Act. (d) Study and Report.-- (1) Study.--The OTF shall conduct a study on the comprehensive assessment of patients to determine whether-- (A) the number of assessments required during an episode of care or the number of questions asked during each assessment should be decreased to eliminate redundant and uninformative clinical information; (B) a uniform data collection standard is needed to ensure that patients who are not medicare beneficiaries or medicaid beneficiaries receive the same quality of care as patients who are medicare beneficiaries or medicaid beneficiaries; and (C) OASIS data should be collected from medicaid beneficiaries who are not medicare beneficiaries. (2) Report.--Not later than the date that is 6 months after the date of enactment of this Act, the OTF shall submit to the Secretary and Congress a report on the study conducted under paragraph (1), together with such recommendations for legislative or administrative action as the OTF determines appropriate. SEC. 5. ELIMINATION OF MANDATORY REQUIREMENT TO COLLECT OUTCOMES ASSESSMENT AND INFORMATION SET (OASIS) DATA FROM CERTAIN INDIVIDUALS. Not later than the date that is 6 months after the date of enactment of this Act, the Secretary shall promulgate a regulation revising the data collection requirements under the Outcome and Assessment Information Set (OASIS) standard that is used as part of the comprehensive assessment of patients-- (1) to make the use of such data collection requirements optional with respect to patients of home health agencies who are not medicare beneficiaries or medicaid beneficiaries; and (2) to eliminate such data collection requirements with respect to any patient of a home health agency to whom only personal care services are furnished. SEC. 6. IMPROVING THE CLAIMS REVIEW PROCESS FOR DUALLY-ELIGIBLE MEDICARE AND MEDICAID BENEFICIARIES RECEIVING HOME HEALTH SERVICES. (a) In General.--The Secretary shall review each regulation relating to the demand billing process as such process applies to individuals who are both medicare beneficiaries and medicaid beneficiaries to determine whether such processes may be conducted in a manner that-- (1) is efficient; (2) allows for-- (A) the determination of coverage of home health services under the medicare program with respect to a patient not later than the date that is 3 weeks after the date on which the patient is admitted to the home health agency; and (B) the expedient submission of a claim prior to the end of an episode of care that avoids the submission of a request for anticipated payment before a final payment determination is made; and (3) does not adversely affect medicare beneficiaries, medicaid beneficiaries, or home health agencies in the determination of whether payment may be made under the medicare program for an item or service furnished by a home health agency. (b) Implementation.--Not later than the date that is 6 months after the date of enactment of this Act, the Secretary shall promulgate a final rule in accordance with section 1871 of the Social Security Act (42 U.S.C. 1395hh) revising the processes described in subsection (a) based on the review conducted under such subsection. SEC. 7. CLAIMS REVIEW AND AUDIT TASK FORCE (CRATF). (a) Establishment of the Claims Review and Audit Task Force.--The Secretary shall establish the Claims Review and Audit Task Force (in this section referred to as the ``CRATF'') in accordance with the provisions of section 1114(f) of the Social Security Act (42 U.S.C. 1314(f)). (b) Membership.--The CRATF shall be composed of 11 members appointed by the Secretary as follows: (1) 5 members shall be officers or employees of the Centers for Medicare & Medicaid Services. (2) 6 members shall be national home health industry representatives. (c) Date.--The Secretary shall appoint the members of the CRATF not later than the date that is 60 days after the date of enactment of this Act. (d) Study and Report.-- (1) Study.-- (A) In general.--The CRATF shall conduct a study on the processes and policies used to review medical claims submitted by home health agencies, technical denials of payment of such claims, and the statistical sampling methodology used to conduct post-payment audits and reviews of such claims. (B) Specific proposals considered.--In conducting the study under subparagraph (A), the CRATF shall consider the following proposals: (i) Establishing reasonable time limits on regional home health intermediaries for review of claims. (ii) Creating opportunities to use alternative dispute resolution to resolve disputes involving a claim for payment of a home health agency. (iii) Taking into account the results of all past claim reviews and appeal determinations to decide whether the provider should be subject to the proposed audit. (iv) Setting standards for responsible and ethical home health agencies so that agencies that meet those standards would be subject to a minimal number of sampling audits, focused medical reviews, and extensive prepayment claim reviews. (v) The elimination of technical denials of payment of claims submitted by home health agencies. (vi) Allowing the resubmission of any technically noncompliant claim submitted by a home health agency that has been corrected so that such claim is a clean claim. (vii) Allowing physician assistants and nurse practitioners to certify and make changes to home health care plans to ensure that home health agencies will be reimbursed in a timely manner and that care to the medicare beneficiary or medicaid beneficiary would not be interrupted. (viii) Developing a sampling regulation through the rulemaking process described in section 1871(b)(1) of the Social Security Act (42 U.S.C. 1871(b)(1)). (ix) Only using the methodology of projecting overpayment to a provider of home health services from a sample of claims where the Secretary has documented a widespread pattern of submitting erroneous claims for payment by that provider for which payment is made under the medicare program. (2) Report.--Not later than the date that is 6 months after the date of enactment of this Act, the CRATF shall submit to the Secretary and Congress a report on the study conducted under paragraph (1), together with such recommendations for legislative or administrative action as the CRATF determines appropriate. SEC. 8. IMPLEMENTATION OF TASK FORCE RECOMMENDATIONS. (a) Implementation of OTF Recommendations.--Not later than the date that is 6 months after the date on which the Secretary receives the report submitted under section 4(d)(2), the Secretary shall promulgate a regulation in accordance with section 1871 of the Social Security Act (42 U.S.C. 1395hh) revising the regulations relating to the comprehensive assessment of patients in order to implement the recommendations of the OTF contained in such report. (b) Implementation of CRATF Recommendations.--Not later than the date that is 6 months after the date on which the Secretary receives the report submitted under section 7(d)(2), the Secretary shall promulgate a regulation in accordance with section 1871 of the Social Security Act (42 U.S.C. 1395hh) revising the regulations relating to the processes and policies for review of medical claims submitted by home health agencies, technical denials of payment of such claims, and the statistical sampling methodology used to conduct post-payment audits and reviews of such claims in order to implement the recommendations of the CRATF contained in such report.

Home Health Nurse and Patient Act of 2001 - Directs the Secretary of Health and Human Services to establish the Outcome and Assessment Information Set (OASIS) Task Force to study and report to the Secretary and Congress on the comprehensive assessment of patients to determine whether: (1) the number of assessments required during an episode of care or the number of questions asked during each assessment should be decreased to eliminate redundant and uninformative clinical information; (2) a uniform data collection standard is needed to ensure that patients who are not Medicare (title XVIII of the Social Security Act (SSA)) or Medicaid (SSA title XIX) beneficiaries receive the same quality of care as Medicare or Medicaid beneficiaries; and (3) OASIS data should be collected from Medicaid beneficiaries who are not Medicare beneficiaries.Directs the Secretary to promulgate a regulation revising the data collection requirements under the OASIS standard used as part of the comprehensive assessment of patients to: (1) make use of such requirements optional for patients of home health agencies who are not Medicare or Medicaid beneficiaries; and (2) eliminate such requirements for any home health agency patient to whom only personal care services are furnished.Requires the Secretary to review each regulation relating to the demand billing process for individuals who are both Medicare and Medicaid beneficiaries to determine whether it may be conducted in a manner that is efficient, allows for determination of Medicare coverage of home health services and expedient claims submission, and does not adversely affect Medicare or Medicaid beneficiaries or home health agencies in determination of whether Medicare payment may be made for an item or service.Directs the Secretary to establish the Claims Review and Audit Task Force to study and report to the Secretary and Congress on the processes and policies used to review medical claims submitted by home health agencies and on other specified matters.Provides for the implementation of Task Force recommendations.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Foreign Agents Registration Modernization and Enforcement Act''. SEC. 2. CIVIL INVESTIGATIVE DEMAND AUTHORITY. The Foreign Agents Registration Act of 1938 (22 U.S.C. 611 et seq.) is amended-- (1) by redesignating sections 8, 9, 10, 11, 12, 13, and 14 as sections 9, 10, 11, 12, 13, 14, and 15, respectively; and (2) by inserting after section 7 (22 U.S.C. 617) the following: ``civil investigative demand authority ``Sec. 8. (a) Whenever the Attorney General has reason to believe that any person or enterprise may be in possession, custody, or control of any documentary material relevant to an investigation under this Act, the Attorney General, before initiating a civil or criminal proceeding with respect to the production of such material, may serve a written demand upon such person to produce such material for examination. ``(b) Each such demand under this section shall-- ``(1) state the nature of the conduct constituting the alleged violation which is under investigation and the provision of law applicable to such violation; ``(2) describe the class or classes of documentary material required to be produced under such demand with such definiteness and certainty as to permit such material to be fairly identified; ``(3) state that the demand is immediately returnable or prescribe a return date which will provide a reasonable period within which the material may be assembled and made available for inspection and copying or reproduction; and ``(4) identify the custodian to whom such material shall be made available. ``(c) A demand under this section may not-- ``(1) contain any requirement that would be considered unreasonable if contained in a subpoena duces tecum issued by a court of the United States in aid of grand jury investigation of such alleged violation; or ``(2) require the production of any documentary evidence that would be privileged from disclosure if demanded by a subpoena duces tecum issued by a court of the United States in aid of a grand jury investigation of such alleged violation.''. SEC. 3. INFORMATIONAL MATERIALS. (a) Definitions.--Section 1 of the Foreign Agents Registration Act of 1938, as amended (22 U.S.C. 611) is amended-- (1) in subsection (1), by striking ``Expect'' and inserting ``Except''; and (2) by inserting after subsection (i) the following: ``(j) The term `informational materials' means any oral, visual, graphic, written, or pictorial information or matter of any kind, including matter published by means of advertising, books, periodicals, newspapers, lectures, broadcasts, motion pictures, or any means or instrumentality of interstate or foreign commerce or otherwise.''. (b) Informational Materials.--Section 4 of the Foreign Agents Registration Act of 1938, as amended (22 U.S.C. 614) is amended-- (1) in section (a)-- (A) by inserting ``, including electronic mail and social media,'' after ``United States mails''; and (B) by striking ``, not later than forty-eight hours after the beginning of the transmittal thereof, file with the Attorney General two copies thereof'' and inserting ``file such materials with the Attorney General in conjunction with, and at the same intervals as, disclosures required under section 2(b).''; and (2) in subsection (b)-- (A) by striking ``It shall'' and inserting ``(1) Except as provided in paragraph (2), it shall''; and (B) by inserting at the end the following: ``(2) Foreign agents described in paragraph (1) may omit disclosure required under that paragraph in individual messages, posts, or transmissions on social media on behalf of a foreign principal if the social media account or profile from which the information is sent includes a conspicuous statement that-- ``(A) the account is operated by, and distributes information on behalf of, the foreign agent; and ``(B) additional information about the account is on file with the Department of Justice in Washington, District of Columbia. ``(3) Informational materials disseminated by an agent of a foreign principal as part of an activity that is exempt from registration, or an activity which by itself would not require registration, need not be filed under this subsection.''. SEC. 4. FEES. (a) Repeal.--The Department of Justice and Related Agencies Appropriations Act, 1993 (title I of Public Law 102-395) is amended, under the heading ``salaries and expenses, general legal activities'', by striking ``In addition, notwithstanding 31 U.S.C. 3302, for fiscal year 1993 and thereafter, the Attorney General shall establish and collect fees to recover necessary expenses of the Registration Unit (to include salaries, supplies, equipment and training) pursuant to the Foreign Agents Registration Act, and shall credit such fees to this appropriation, to remain available until expended.''. (b) Registration Fee.--The Foreign Agents Registration Act of 1938, as amended (22 U.S.C. 611 et seq.), as amended by this Act, is further amended by adding at the end the following: ``fees ``Sec. 16. The Attorney General shall establish and collect a registration fee, as part of the initial filing requirement and at no other time, to help defray the expenses of the Registration Unit, and shall credit such fees to this appropriation, to remain available until expended.''. SEC. 5. REPORTS TO CONGRESS. Section 12 of the Foreign Agents Registration Act of 1938, as amended, as redesignated by section 3, is amended to read as follows: ``reports to congress ``Sec. 12. The Assistant Attorney General for National Security, through the FARA Registration Unit of the Counterintelligence and Export Control Section, shall submit a semiannual report to Congress regarding the administration of this Act, including, for the reporting period, the identification of-- ``(1) registrations filed pursuant to this Act; ``(2) the nature, sources, and content of political propaganda disseminated and distributed by agents of foreign principal; ``(3) the number of investigations initiated based upon a perceived violation of section 7; and ``(4) the number of such investigations that were referred to the Attorney General for prosecution.''.

Foreign Agents Registration Modernization and Enforcement Act This bill amends the Foreign Agents Registration Act of 1938 (FARA) to provide that whenever the Department of Justice (DOJ) has reason to believe that a person or enterprise may be in possession or control of documentary material relevant to an investigation under FARA, the DOJ, before initiating a civil or criminal proceeding with respect to the production of such material, may serve a written demand upon the entity to produce the material for examination. The bill includes social media communications under information that foreign agents must file with DOJ. Under certain circumstances, social media communications are exempted from the requirement for foreign agents to include a disclosure statement in informational materials. Informational materials disseminated by a foreign agent as part of an activity that would not require registration, need not be filed. The FARA Registration Unit shall submit a semiannual report to Congress regarding the administration of FARA, including the number of investigations initiated based upon a perceived violation and the number of such investigations that were referred to DOJ for prosecution.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Computers for Veterans and Students Act of 2018'' or the ``COVS Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Access to computers and computer technology are indispensable for success in the 21st century. Millions of Americans do not regularly use a computer and research shows that substantial disparities remain in both internet use and the quality of access with the digital divide concentrated among older, less educated, less affluent populations, especially veterans, low-income students, and senior citizens. (2) In 1996, the President issued Executive Order 12999 instructing the General Services Administration (GSA) to allow schools and nonprofits the ability to receive Federal surplus computers for educational purposes. (3) GSA created the Computers for Learning Program, which distributes approximately 30,000 computers and computer-related equipment annually to public schools and nonprofits for reuse. (4) As a Federal program, Computers for Learning has lagged in fulfilling its mission just as the need for computer access for basic services and education has skyrocketed. (5) Computers for Learning has failed on three fronts through waste (computers going to schools and nonprofits that are not equipped to refurbish them), abuse (multiple cases of theft or fraud in recent years), and inefficiency (schools and nonprofits that lack the capacity to refurbish on a regional or national scale). (6) Computers for Learning would benefit from increased coordination by working directly with certified nonprofit computer refurbishers, the majority of which are allied together under the Alliance for Technology Reuse and Refurbishing (AFTRR). (7) AFTRR members collectively refurbish and put over 90,000 computers back into the community annually from public and privately donated equipment, closing the digital divide and diverting millions of pounds of potential e-waste from landfills. (8) Each AFTRR member has ``bridging the digital divide'' at the core of their respective missions. Collectively, they have decades of experience, capacity, and knowledge in not only refurbishing computers, but also, distributing them to people in need, with many providing low-cost internet access and digital literacy training. AFTRR members have led the Nation in bridging the digital divide for years, and in some cases, decades. SEC. 3. TRANSFER OF CERTAIN SURPLUS COMPUTERS AND TECHNOLOGY EQUIPMENT TO NONPROFIT COMPUTER REFURBISHERS. (a) In General.--The head of a Federal agency, through the Administrator of General Services, shall offer to transfer any surplus computer or technology equipment that is not being used internally by the Federal agency, or has not been requested for use by another Federal agency, to a nonprofit computer refurbisher for repair and distribution to an educational institution, a veteran, an individual with a disability, a low-income individual, a student, or a senior in need (as determined by the nonprofit computer refurbisher). (b) Collaboration With Alliance for Technology Refurbishing and Reuse.--In carrying out subsection (a), the Administrator of General Services shall work directly with the Alliance for Technology Refurbishing and Reuse to establish a process through which surplus computers and technology equipment will be transferred to nonprofit computer refurbishers. Such process shall be established not later than 60 days after the date of the enactment of this Act. (c) Return of Certain Computers and Equipment.--In the case in which the Administrator of General Services is not able to transfer a surplus computer or technology equipment to a nonprofit computer refurbisher within 30 days after offering to transfer such computer or equipment, the head of the Federal agency on whose behalf the Administrator of General Services acted shall dispose of such computer or equipment in accordance with the procedures of such agency regarding the disposal of Federal electronic assets. (d) Duties of Nonprofit Computer Refurbishers.-- (1) Training programs.--Each nonprofit computer refurbisher to whom the Administrator of General Services transfers a surplus computer or technology equipment under subsection (a) shall offer training programs for educational institutions, veterans, individuals with disabilities, low-income individuals, students, and seniors in need on the use of computers and technology equipment. (2) Legal compliance.--Each nonprofit computer refurbisher to whom the Administrator of General Services transfers a surplus computer or technology equipment under subsection (a) shall comply with any Federal, State, or local law relating to the disposition of e-waste. (3) Annual reports to aftrr.--Each nonprofit computer refurbisher to whom the Administrator of General Services transfers a surplus computer or technology equipment under subsection (a) shall submit an annual report to the Alliance for Technology Refurbishing and Reuse on any surplus computer or technology equipment repaired or distributed by such refurbisher. (e) Prohibition Against Tracking and Time Limits.--Due to the unique condition of each surplus computer or technology equipment, the Administrator of General Services may not require a nonprofit computer refurbisher to repair and distribute any surplus computer or technology equipment within a specific timeframe. (f) Definitions.--In this section: (1) Educational institution.--The term ``educational institution'' means-- (A) any public or private child care center, preschool, elementary school, secondary school, or accredited institution of vocational, professional, or higher education; and (B) in the case of an accredited institution of vocational, professional, or higher education composed of more than one school, college, or department that is administratively a separate unit, each such school, college, or department. (2) Nonprofit computer refurbisher.--The term ``nonprofit computer refurbisher'' means a nonprofit organization-- (A) whose primary mission and activity is to bridge the digital divide; (B) that is exempt from taxation under section 501 of the Internal Revenue Code of 1986; and (C) that is a member of the Alliance for Technology Refurbishing and Reuse. (3) Senior.--The term ``senior'' means any individual who is 65 years of age or older. (4) Student.--The term ``student'' means any individual enrolled in an educational institution, excluding a public or private child care center. (5) Technology equipment.--The term ``technology equipment'' means physical assets related to computers and information technology, including peripheral components, tablets, communication devices (such as routers, servers, and cell phones), printers, scanners, uninterruptible power sources, and cables and connections. (6) Veteran.--The term ``veteran'' has the meaning given that term in section 101 of title 38, United States Code.

Computers for Veterans and Students Act of 2018 or the COVS Act This bill directs federal agencies to offer, through the General Services Administration (GSA), to transfer surplus computers and technology equipment to nonprofit computer refurbishers for repair and distribution to educational institutions, veterans, disabled individuals, low-income individuals, students, and seniors in need. Each nonprofit computer refurbisher to whom the GSA transfers a surplus computer or technology equipment must offer training programs for such an institution or individual on how to use the computer or equipment. The bill prohibits the GSA from requiring that a nonprofit computer refurbisher repair and distribute any surplus computer or technology equipment within a specific period of time.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``FSOC Designation Review Act''. SEC. 2. REEVALUATION AND REAFFIRMATION. Section 113(d) of the Financial Stability Act of 2010 (12 U.S.C. 5323(d)) is amended to read as follows: ``(d) Reevaluation and Reaffirmation.-- ``(1) In general.--The Council shall reevaluate each determination made under subsections (a) and (b) with respect to a nonbank financial company supervised by the Board of Governors on-- ``(A) an annual basis; and ``(B) upon the request of such company based upon the company's representation that there has been a material change in the company's operations or activities or a material change in regulatory or market conditions. ``(2) Reevaluation.--As part of the reevaluation required by paragraph (1), the Council shall-- ``(A) provide the nonbank financial company with a confidential written analysis of the specific elements of the company's exposures or activities that would be relevant to the Council's reevaluation of the determination for such company; ``(B) provide the nonbank financial company with an opportunity to submit written materials to the Council regarding the reevaluation, including, as the company's option, a plan to obtain rescission of the determination or other materials relevant to the assessment described under paragraph (3)(A); ``(C) if the nonbank financial company submits a plan under subparagraph (B), consider whether the plan, if implemented, would result in the nonbank financial company no longer meeting the criteria for a final determination under subsection (a) or (b); ``(D) make a preliminary written decision regarding rescinding such determination; ``(E) if the preliminary decision is not to rescind the determination, provide the nonbank financial company with-- ``(i) a copy of the preliminary decision, which shall include a confidential written analysis explaining with specificity whether and to what extent any plan submitted by the company under subparagraph (B) addresses the potential threat posed by the nonbank financial company to the financial stability of the United States; ``(ii) an opportunity to meet with representatives of the Council to discuss the preliminary decision and analysis provided under clause (i); and ``(iii) an opportunity to revise and re- submit such plan or any other written materials, after discussions with representatives of the Council; and ``(F) upon the request of the nonbank financial company, grant such company an oral hearing before the Council. ``(3) Vulnerability to financial distress.-- ``(A) In general.--The written analysis required under paragraph (2)(A) shall include an assessment describing with particularity the vulnerability of the nonbank financial company to financial distress, including consideration of the company's leverage, liquidity risk and maturity mismatch, and existing regulatory scrutiny of the company. ``(B) Effective of failure to include assessment.-- If the Council provides a written analysis under paragraph (2)(A) that does not contain the assessment required under subparagraph (A), any determination made under subsection (a) or (b) with respect to such company shall be rescinded immediately. ``(C) Definitions.--For purposes of this paragraph the terms `vulnerability to financial distress', `leverage', `liquidity risk and maturity mismatch', and `existing regulatory scrutiny of the nonbank financial company' shall have the same meaning as those terms are given, respectively, under appendix A to part 1310 of title 12, Code of Federal Regulations. ``(4) Reaffirmation.-- ``(A) In general.--Following a reevaluation under paragraph (1), the Council shall vote whether to reaffirm the determination that the nonbank financial company shall be supervised by the Board of Governors and shall be subject to prudential standards, pursuant to subsection (a) or (b), as applicable. ``(B) Vote requirement.--Any reaffirmation under subparagraph (A) shall require a vote of no fewer than \2/3\ of the voting members then serving, including an affirmative vote by the Chairperson, finding that the company still meets the standards for designation under subsection (a) or (b), as applicable. Any such finding shall include a detailed explanation of the basis for the Council's determination, including a confidential written analysis explaining with specificity whether and to what extent any plan submitted by the nonbank financial company pursuant to paragraph (2)(B) addresses the potential threat posed by the company to the financial stability of the United States. ``(C) Effect of failure to reaffirm.--If the Council votes under subparagraph (A) with respect to a nonbank financial company and does not reaffirm the designation, the determination made with respect to such company shall be rescinded immediately. ``(5) Views of primary financial regulatory agency.--In conducting a reevaluation under paragraph (1), the Council shall consult with the primary financial regulatory agency for the nonbank financial company, if any, and the primary financial regulatory agencies of the company's principal subsidiaries, if any, and the views of such agencies shall be given special consideration.''. SEC. 3. JUDICIAL REVIEW. Section 113(h) of the Financial Stability Act of 2010 (12 U.S.C. 5323(h)) is amended by striking ``subsection (d)(2)'' and inserting ``subsection (d)(4)''.

FSOC Designation Review Act This bill amends the Financial Stability Act of 2010 to revise requirements for reevaluation and reaffirmation of determinations by the Financial Stability Oversight Council (FSOC) that the Board of Governors of the Federal Reserve System supervise and regulate U.S. or foreign nonbank financial companies. The FSOC shall reevaluate such a determination not only annually (as under current law) but also upon the request of a nonbank financial company based on its representation that there has been a material change in its operations or activities or a material change in regulatory or market conditions. FSOC must give the company as part of a reevaluation: a confidential written analysis of the specific elements of the company's exposures or activities that would be relevant to the FSOC's reevaluation; and opportunity to submit written materials in response, including a plan to obtain rescission of the determination or other materials relevant to the assessment. The FSOC's written analysis must assess with particularity the company's vulnerability to financial distress, including consideration of its leverage, liquidity risk, and maturity mismatch, and existing regulatory scrutiny of the company. Following a reevaluation the FSOC shall vote whether to reaffirm the determination; but if two-thirds of the voting members do not vote in favor of reaffirmation, the determination in question shall be rescinded immediately, subject at company option to judicial review. (Currently a determination is automatically reaffirmed upon reevaluation unless by a two-thirds vote the FSOC rescinds it.)

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Nursing Relief Act of 2006''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--The Congress finds the following: (1) There are more vacant nursing positions in the United States than there are qualified registered nurses and nursing school candidates to fill those positions. (2) According to the Department of Labor, the current national nursing shortage exceeds 126,000. (3) States in the West and Southwest have a disproportionate number of nursing vacancies because of rapid population growth, which exacerbates a widening gap in the number of facilities and staff compared to patients that need care. (4) Foreign countries such as the Philippines, India, and China have an oversupply of nurses. (5) Major hospital systems in the United States spend hundreds of millions of dollars every year recruiting foreign nurses under our current immigration system. (6) Current law, with certain limited exceptions, requires health care providers to sponsor desired nurses for permanent resident status while the nurses remain outside of the United States, which can take as much as 3 years. (7) This cost is passed on to consumers and adds to the rising cost of health care. (8) Health care providers cannot efficiently and effectively recruit qualified foreign nurses through the existing immigration process. (9) Our health care system requires an immediate modification of Federal laws relating to recruitment of qualified foreign nurses in order to operate at an efficient and effective level. (b) Purpose.--The purpose of this Act is to create a new nonimmigrant visa category for registered nurses and establish admission requirements for such nonimmigrants. SEC. 3. REQUIREMENTS FOR ADMISSION OF NONIMMIGRANT NURSES. (a) Establishment of a New Nonimmigrant Category.--Section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)) is amended-- (1) by striking ``or'' at the end of subparagraph (U), (2) by striking the period at the end of subparagraph (V) and inserting ``; or''; and (3) by adding at the end the following: ``(W) an alien who is coming temporarily to the United States to perform services as a professional nurse, as described in section 212(v)(1)(A), who meets the qualifications described in section 212(v)(1)(B), and with respect to whom the Secretary of Labor determines and certifies to the Secretary of Homeland Security and the Secretary of State that the intending employer has filed with the Secretary of Labor an attestation under section 212(v)(2), and the alien spouse and children of any such principal alien, if accompanying or following to join the principal alien.''. (b) Requiring Petition of Importing Employer.--Section 214(c) of the Immigration and Nationality Act (8 U.S.C. 1184(c)) is amended by adding at the end the following:. ``(15)(A) The question of importing any alien as a nonimmigrant under section 101(a)(15)(W) in any specific case or specific cases shall be determined by the consular officer, after consultation with appropriate agencies of the Government, upon petition of the importing employer. Such petition shall be made and approved before the visa is granted. The petition shall be in such form and contain such information as the Secretary of Homeland Security shall prescribe by regulation. The approval of such a petition shall not, of itself, be construed as establishing that the alien is a nonimmigrant. ``(B) The following petitions shall be determined by the Secretary of Homeland Security, after consultation with appropriate agencies of the Government: ``(i) A petition for an alien lawfully present in the United States to be initially granted nonimmigrant status described in section 101(a)(15)(W). ``(ii) A petition for an alien having such status to obtain an extension of stay. ``(iii) A petition to obtain authorization for an alien having such status to change employers.''. (c) Shifting Burden of Proof for Nonimmigrant Status.--Section 214(b) of the Immigration and Nationality Act (8 U.S.C. 1184(b)) is amended by striking ``(L) or (V)'' and inserting ``(L), (V), or (W)''. (d) Allowing Petition for Permanent Residence While in Nonimmigrant Status.--Section 214(h) of the Immigration and Nationality Act (8 U.S.C. 1184(h)) is amended by striking ``(L), or (V)'' and inserting ``(L), (V), or (W)''. (e) Other Admission Requirements.--Section 212 of the Immigration and Nationality Act (8 U.S.C. 1182) is amended-- (1) by redesignating the second subsection (t) (added by section 1(b)(2)(B) of Public Law 108-449 (118 Stat. 3470)) as subsection (u); and (2) by adding at the end the following: ``(v)(1)(A) For purposes of section 101(a)(15)(W) and this subsection-- ``(i) the term `professional nurse' means a person who applies the art and science of professional nursing in a manner that reflects comprehension of principles derived from the physical, biological, and behavioral sciences; and ``(ii) the term `professional nursing' includes-- ``(I) making clinical judgments involving the observation, care, and counsel of persons requiring nursing care; ``(II) administering of medicines and treatments prescribed by the physician or dentist; and ``(III) participation in the activities for the promotion of health and prevention of illness in others. ``(B) The qualifications referred to in section 101(a)(15)(W) are that the alien is qualified, under the laws (including such temporary or interim licensing provisions or nurse licensure compact provisions which authorize the nurse to be employed) governing the place of intended employment, to engage in the practice of professional nursing as a registered nurse immediately upon admission to the United States and is authorized under such laws to be employed, except that if the alien has completed all licensing requirements except for submission of a social security account number, the alien may provide a letter from the State Board of Nursing of the State of intended employment which confirms that the alien is eligible for license issuance upon presentation of such number. ``(2)(A) The attestation referred to in section 101(a)(15)(W) is an attestation by the employer to the following: ``(i) The employer is offering and will offer during the period of authorized employment to aliens admitted or provided status under section 101(a)(15)(W) wages that are at least-- ``(I) the actual wage level paid by the employer to all other individuals with similar experience and qualifications for the specific employment in question; or ``(II) the prevailing wage level for the occupational classification in the area of employment; whichever is greater, based on the best information available as of the time of the attestation. ``(ii) The employment of the alien will not adversely affect the wages and working conditions of registered nurses similarly employed at the worksite. ``(iii) The alien will be paid the wage rate for registered nurses similarly employed at the worksite. ``(iv) There is not a strike or lockout in the course of a labor dispute in the registered nurse classification at the worksite. ``(v) The employer has provided notice of the filing of the attestation to the bargaining representative of the registered nurses at the worksite or, if there is no such bargaining representative, notice of the filing has been provided to the registered nurses employed at the worksite through physical posting in a conspicuous location at the worksites. ``(vi) The number of workers sought, the work locations, and the wage rate and conditions under which they will be employed. ``(B) The employer shall make a copy of the attestation available for public examination, within 10 working days after the date on which the attestation is filed, at the employer's principal place of business or worksite (along with such accompanying documents as are necessary). ``(C) The Secretary of Labor shall review the attestation only for completeness and obvious inaccuracies. Unless such Secretary finds that the attestation is incomplete or obviously inaccurate, the Secretary shall provide the certification described in section 101(a)(15)(W) within 7 days of the date of the filing of the attestation. ``(D) An attestation under subparagraph (A)-- ``(i) shall expire on the date that is the later of-- ``(I) the end of the 3-year period beginning on the date on which it is filed; or ``(II) the end of the period of admission under section 101(a)(15)(W) of the last alien with respect to whose admission it applied (in accordance with clause (ii)); and ``(ii) shall apply to petitions described in section 214(c)(15) filed during the 3-year period beginning on the date on which it is filed if the employer states in each such petition that it continues to comply with the conditions in the attestation. ``(E) An employer may meet the requirements of this paragraph with respect to more than one professional nurse in a single attestation. ``(F) An employer may meet the requirements of this paragraph with respect to more than one work location in a single attestation. ``(3)(A) The Secretary of Labor shall compile, and make available for public examination in a timely manner, a list identifying employers that have filed attestations under paragraph (2)(A). Such list shall include, with respect to each attestation, the wage rate, number of aliens sought, and period of intended employment. ``(B) The Secretary of Labor shall establish a process for the receipt, investigation, and disposition of complaints respecting an employer's failure to meet a condition specified in an attestation submitted under paragraph (2)(A) or a misrepresentation of a material fact in an attestation. Complaints may be filed by any aggrieved person or organization (including bargaining representatives). The Secretary shall conduct an investigation under this subparagraph if there is reasonable cause to believe that an employer willfully failed to meet a condition or willfully misrepresented a material fact. No investigation or hearing shall be conducted on a complaint concerning such a failure or misrepresentation unless the complaint was filed not later than 12 months after the date of the failure or misrepresentation, respectively. ``(C) Under such process, the Secretary of Labor shall provide, within 30 days after the date such a complaint is filed, for a determination as to whether or not a basis exists to make a finding described in subparagraph (B). If the Secretary determines that such a basis exists, the Secretary shall provide for notice of such determination to the interested parties and an opportunity for a hearing on the complaint within 60 days of the date of the determination. If such a hearing is requested, the Secretary of Labor shall make a finding concerning the matter by not later than 60 days after the date of the hearing. In case of similar complaints respecting the same applicant, the Secretary of Labor may consolidate the hearings under this clause on such complaints. ``(D) If the Secretary of Labor finds, after notice and opportunity for a hearing, that an employer has willfully failed to meet a condition specified in an attestation or that there was a willful misrepresentation of material fact in the attestation, the Secretary shall notify the Secretary of State and the Secretary of Homeland Security of such finding and may, in addition, impose such other administrative remedies (including civil monetary penalties in an amount not to exceed $1,000 per nurse per violation, with the total penalty not to exceed $10,000 per violation) as the Secretary determines to be appropriate. Upon receipt of such notice, the Secretary of Homeland Security shall not approve petitions described in section 214(c)(15) by the employer during a period of at least 1 year for nurses to be employed by the employer. ``(4)(A) A nonimmigrant alien described in subparagraph (B) who was previously issued a visa or otherwise provided nonimmigrant status under section 101(a)(15)(W) is authorized to accept new employment upon the filing by the prospective employer of a petition described in section 214(c)(15)(B)(iii) on behalf of such nonimmigrant. Employment authorization shall continue for such alien until such petition is adjudicated. If such petition is denied, such authorization shall cease. ``(B) A nonimmigrant alien described in this subparagraph is a nonimmigrant alien-- ``(i) who has been lawfully admitted into the United States; ``(ii) on whose behalf an employer has filed a nonfrivolous petition for new employment before the date of expiration of the period of stay authorized by the Secretary of Homeland Security; and ``(iii) who, subsequent to such lawful admission, has not been employed without authorization in the United States before the filing of such petition. ``(5)(A) The initial period of authorized admission for a nonimmigrant under section 101(a)(15)(W) may not exceed 3 years, and may be extended, except that the total period of authorized admission as such a nonimmigrant may not exceed 6 years. ``(B)(i) Subparagraph (A) shall not apply to any nonimmigrant on whose behalf a petition under section 204(b) to accord the alien immigrant status under section 203(b), or an application for adjustment of status under section 245 to accord the alien status under section 203(b), has been filed, if 365 days or more have elapsed since the filing of such petition or application. ``(ii) The Secretary of Homeland Security shall extend the stay of an alien who qualifies for an exemption under clause (i) in 1-year increments until such time as a final decision is made on the alien's lawful permanent residence. ``(iii) Notwithstanding subparagraph (A) and clause (ii), any alien who is the beneficiary of an approved petition filed under section 204(b) for a status under paragraph (1), (2), or (3) of section 203(b), and who is eligible to be granted that status but for application of the per-country limitations on immigrants under such paragraph, may apply for, and the Secretary of Homeland Security may grant, one or more extensions of nonimmigrant status under section 101(a)(15)(W) until such time as an immigrant visa is immediately available to the alien and a decision on the alien's application for adjustment of status is made. ``(6) In the case of an alien spouse, who is accompanying or following to join a principal alien admitted under section 101(a)(15)(W), the Secretary of Homeland Security shall authorize the alien spouse to engage in employment in the United States and shall provide the spouse with an `employment authorized' endorsement or other appropriate work permit. ``(7)(A)(i) The total number of aliens who may be issued visas or otherwise provided nonimmigrant status under section 101(a)(15)(W) during any fiscal year is 50,000. ``(ii) If the numerical limitation in clause (i)-- ``(I) is reached during a fiscal year, the numerical limitation applicable to the subsequent fiscal year shall be 120 percent of the preceding numerical limitation; or ``(II) is not reached during a fiscal year, the numerical limitation shall remain the same during the subsequent fiscal year. ``(B) Notwithstanding subparagraph (A), aliens may be issued visas or otherwise provided nonimmigrant status under such section without regard to numerical limitation if they are only working in the geographic area or areas which are designated by the Secretary of Health and Human Services as having a shortage of health care professionals. ``(C) The numerical limitations in subparagraph (A) shall only apply to principal aliens and not to the spouse or children of such aliens.''. SEC. 4. REGULATIONS; EFFECTIVE DATE. (a) Regulations.--Not later than 90 days after the date of the enactment of this Act, the following shall promulgate regulations to carry out the amendments made by section 3: (1) The Secretary of Labor, in consultation with the Secretary of Health and Human Services and the Secretary of Homeland Security. (2) The Secretary of Homeland Security, in consultation with the Secretary of State. (b) Effective Date.--Notwithstanding subsection (a), the amendments made by section 3 shall take effect 90 days after the date of the enactment of this Act, regardless of whether the regulations promulgated under subsection (a) are in effect on such date. SEC. 5. SPECIFICATION OF CONSTITUTIONAL AUTHORITY FOR ENACTMENT OF LAW. This Act is enacted pursuant to the power granted to Congress under article I, section 8, clause 4, to establish a uniform rule naturalization, and under article I, section 8, clause 18, of the United States Constitution.

Nursing Relief Act of 2006 - Amends the Immigration and Nationality Act to establish a nonimmigrant visa category (W-visa) for an alien coming to the United States to work as a professional nurse. Sets forth employer petition provisions.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Early Hearing Detection and Intervention Act of 2007''. SEC. 2. EARLY DETECTION, DIAGNOSIS, AND TREATMENT OF HEARING LOSS. Section 399M of the Public Health Service Act (42 U.S.C. 280g-1) is amended-- (1) in the section heading, by striking ``infants'' and inserting ``newborns and infants''; (2) in subsection (a)-- (A) in the matter preceding paragraph (1), by striking ``newborn and infant hearing screening, evaluation and intervention programs and systems'' and inserting ``newborn and infant hearing screening, evaluation, diagnosis, and intervention programs and systems, and to assist in the recruitment, retention, education, and training of qualified personnel and health care providers,''; and (B) by amending paragraph (1) to read as follows: ``(1) To develop and monitor the efficacy of statewide programs and systems for hearing screening of newborns and infants; prompt evaluation and diagnosis of children referred from screening programs; and appropriate educational, audiological, and medical interventions for children identified with hearing loss. Early intervention includes referral to and delivery of information and services by schools and agencies, including community, consumer, and parent-based agencies and organizations and other programs mandated by part C of the Individuals with Disabilities Education Act, which offer programs specifically designed to meet the unique language and communication needs of deaf and hard of hearing newborns and infants. Programs and systems under this paragraph shall establish and foster family-to-family support mechanisms that are critical in the first months after a child is identified with hearing loss.''; and (C) by adding at the end the following: ``(3) To develop efficient models to ensure that newborns and infants who are identified with a hearing loss through screening are not lost to follow-up by a qualified health care provider. These models shall be evaluated for their effectiveness, and State agencies shall be encouraged to adopt models that effectively reduce loss to follow-up. ``(4) To ensure an adequate supply of qualified personnel to meet the screening, evaluation, and early intervention needs of children.''; (3) in subsection (b)-- (A) in paragraph (1)(A), by striking ``hearing loss screening, evaluation, and intervention programs'' and inserting ``hearing loss screening, evaluation, diagnosis, and intervention programs''; (B) in paragraph (2)-- (i) by striking ``for purposes of this section, continue'' and insert the following: ``for purposes of this section-- ``(A) continue''; (ii) by striking the period at the end and inserting ``; and''; and (iii) by adding at the end the following: ``(B) establish a postdoctoral fellowship program to foster research and development in the area of early hearing detection and intervention.''; (4) in paragraphs (2) and (3) of subsection (c), by striking the term ``newborn and infant hearing screening, evaluation and intervention programs'' each place such term appears and inserting ``newborn and infant hearing screening, evaluation, diagnosis, and intervention programs''; and (5) in subsection (e)-- (A) in paragraph (3), by striking ``ensuring that families of the child'' and all that follows and inserting ``ensuring that families of the child are provided comprehensive, consumer-oriented information about the full range of family support, training, information services, and language and communication options and are given the opportunity to consider and obtain the full range of early intervention services, educational and program placements, and other options for their child from highly qualified providers.''; and (B) in paragraph (6), by striking ``, after rescreening,''; and (6) in subsection (f)-- (A) in paragraph (1), by striking ``fiscal year 2002'' and inserting ``fiscal years 2008 through 2013''; (B) in paragraph (2), by striking ``fiscal year 2002'' and inserting ``fiscal years 2008 through 2013''; and (C) in paragraph (3), by striking ``fiscal year 2002'' and inserting ``fiscal years 2008 through 2013''.

Early Hearing Detection and Intervention Act of 2007 - Amends the Public Health Service Act to expand the newborns and infants hearing loss program to include diagnostic services among the services provided. Requires the Secretary of Health and Human Services, acting through the Administrator of the Health Resources and Services Administration (HRSA), to assist in the recruitment, retention, education, and training of qualified personnel and health care providers. Includes within the purposes of such program: (1) developing efficient models to ensure that newborns and infants who are identified with a hearing loss through screening are not lost to follow-up by a qualified health care provider; and (2) ensuring an adequate supply of qualified personnel to meet the screening, evaluation, and early intervention needs of children. Requires the Director of the National Institutes of Health (NIH), acting through the Director of the National Institute on Deafness and Other Communication Disorders, to establish a postdoctoral fellowship program to foster research and development in the area of early hearing detection and intervention. Amends the definition of "early intervention" to require that families be given the opportunity to obtain the full range of early intervention services, educational and program placements, and other options for their child from highly qualified providers.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Academic Partnerships Lead Us to Success Act'' or the ``A PLUS Act''. SEC. 2. PURPOSES. The purposes of this Act are as follows: (1) To give States and local communities added flexibility to determine how to improve academic achievement and implement education reforms. (2) To reduce the administrative costs and compliance burden of Federal education programs in order to focus Federal resources on improving academic achievement. (3) To ensure that States and communities are accountable to the public for advancing the academic achievement of all students, especially disadvantaged children. SEC. 3. DEFINITIONS. In this Act: (1) In general.--Except as otherwise provided, the terms used in this Act have the meanings given the terms in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801 et seq.). (2) Accountability.--The term ``accountability'' means that public schools are answerable to parents and other taxpayers for the use of public funds and shall report student progress to parents and taxpayers regularly. (3) Declaration of intent.--The term ``declaration of intent'' means a decision by a State, as determined by State Authorizing Officials or by referendum, to assume full management responsibility for the expenditure of Federal funds for certain eligible programs for the purpose of advancing, on a more comprehensive and effective basis, the educational policy of such State. (4) State.--The term ``State'' has the meaning given such term in section 1122(e) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6332(e)). (5) State authorizing officials.--The term ``State Authorizing Officials'' means the State officials who shall authorize the submission of a declaration of intent, and any amendments thereto, on behalf of the State. Such officials shall include not less than 2 of the following: (A) The governor of the State. (B) The highest elected education official of the State, if any. (C) The legislature of the State. (6) State designated officer.--The term ``State Designated Officer'' means the person designated by the State Authorizing Officials to submit to the Secretary, on behalf of the State, a declaration of intent, and any amendments thereto, and to function as the point-of-contact for the State for the Secretary and others relating to any responsibilities arising under this Act. SEC. 4. DECLARATION OF INTENT. (a) In General.--Each State is authorized to submit to the Secretary a declaration of intent permitting the State to receive Federal funds on a consolidated basis to manage the expenditure of such funds to advance the educational policy of the State. (b) Programs Eligible for Consolidation and Permissible Use of Funds.-- (1) Scope.--A State may choose to include within the scope of the State's declaration of intent any program for which Congress makes funds available to the State if the program is for a purpose described in the Elementary and Education Secondary Act of 1965 (20 U.S.C. 6301). A State may not include any program funded pursuant to the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.). (2) Uses of funds.--Funds made available to a State pursuant to a declaration of intent under this Act shall be used for any educational purpose permitted by State law of the State submitting a declaration of intent. (3) Removal of fiscal and accounting barriers.--Each State educational agency that operates under a declaration of intent under this Act shall modify or eliminate State fiscal and accounting barriers that prevent local educational agencies and schools from easily consolidating funds from other Federal, State, and local sources in order to improve educational opportunities and reduce unnecessary fiscal and accounting requirements. (c) Contents of Declaration.--Each declaration of intent shall contain-- (1) a list of eligible programs that are subject to the declaration of intent; (2) an assurance that the submission of the declaration of intent has been authorized by the State Authorizing Officials, specifying the identity of the State Designated Officer; (3) the duration of the declaration of intent; (4) an assurance that the State will use fiscal control and fund accounting procedures; (5) an assurance that the State will meet the requirements of applicable Federal civil rights laws in carrying out the declaration of intent and in consolidating and using the funds under the declaration of intent; (6) an assurance that in implementing the declaration of intent the State will seek to advance educational opportunities for the disadvantaged; (7) a description of the plan for maintaining direct accountability to parents and other citizens of the State; and (8) an assurance that in implementing the declaration of intent, the State will seek to use Federal funds to supplement, rather than supplant, State education funding. (d) Duration.--The duration of the declaration of intent shall not exceed 5 years. (e) Review and Recognition by the Secretary.-- (1) In general.--The Secretary shall review the declaration of intent received from the State Designated Officer not more than 60 days after the date of receipt of such declaration, and shall recognize such declaration of intent unless the declaration of intent fails to meet the requirements under subsection (c). (2) Recognition by operation of law.--If the Secretary fails to take action within the time specified in paragraph (1), the declaration of intent, as submitted, shall be deemed to be approved. (f) Amendment to Declaration of Intent.-- (1) In general.--The State Authorizing Officials may direct the State Designated Officer to submit amendments to a declaration of intent that is in effect. Such amendments shall be submitted to the Secretary and considered by the Secretary in accordance with subsection (e). (2) Amendments authorized.--A declaration of intent that is in effect may be amended to-- (A) expand the scope of such declaration of intent to encompass additional eligible programs; (B) reduce the scope of such declaration of intent by excluding coverage of a Federal program included in the original declaration of intent; (C) modify the duration of such declaration of intent; or (D) achieve such other modifications as the State Authorizing Officials deem appropriate. (3) Effective date.--The amendment shall specify an effective date. Such effective date shall provide adequate time to assure full compliance with Federal program requirements relating to an eligible program that has been removed from the coverage of the declaration of intent by the proposed amendment. (4) Treatment of program funds withdrawn from declaration of intent.--Beginning on the effective date of an amendment executed under paragraph (2)(B), each program requirement of each program removed from the declaration of intent shall apply to the State's use of funds made available under the program. SEC. 5. TRANSPARENCY FOR RESULTS OF PUBLIC EDUCATION. (a) In General.--Each State operating under a declaration of intent under this Act shall inform parents and the general public regarding the student achievement assessment system, demonstrating student progress relative to the State's determination of student proficiency for the purpose of public accountability to parents and taxpayers. (b) Accountability System.--The State shall determine and establish an accountability system to ensure accountability under this Act. (c) Report on Student Progress.--Not later than 1 year after the effective date of the declaration of intent, and annually thereafter, a State shall disseminate widely to parents and the general public a report that describes student progress. The report shall include-- (1) student performance data disaggregated in the same manner as data are disaggregated under section 1111(b)(2)(B)(xi) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(2)(B)(xi)); and (2) a description of how the State has used Federal funds to improve academic achievement, reduce achievement disparities between various student groups, and improve educational opportunities for the disadvantaged. SEC. 6. ADMINISTRATIVE EXPENSES. (a) In General.--Except as provided in subsection (b), the amount that a State with a declaration of intent may expend for administrative expenses shall be limited to 1 percent of the aggregate amount of Federal funds made available to the State through the eligible programs included within the scope of such declaration of intent. (b) States Not Consolidating Funds Under Part A of Title I.--If the declaration of intent does not include within its scope part A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.), the amount spent by the State on administrative expenses shall be limited to 3 percent of the aggregate amount of Federal funds made available to the State pursuant to such declaration of intent. SEC. 7. EQUITABLE PARTICIPATION OF PRIVATE SCHOOLS. Each State consolidating and using funds pursuant to a declaration of intent under this Act shall provide for the participation of private school children and teachers in the activities assisted under the declaration of intent in the same manner as participation is provided to private school children and teachers under section 8501 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7881).

Academic Partnerships Lead Us to Success Act or the A PLUS Act  This bill allows each state to receive federal elementary and secondary education funds on a consolidated basis and manage the funds to advance the educational policy of the state. A declaration of intent must be formulated by a combination of specified state officials or by referendum and must list the programs for which consolidated funding is requested. States may use such funds for any educational purpose permitted by state law, but must make certain assurances that they will use fiscal control and fund accounting procedures, abide by federal civil rights laws, advance educational opportunities for the disadvantaged, and use federal funds to supplement rather than supplant state funding. Each declaration state shall: (1) inform the public about its student achievement assessment system, (2) report annually on student progress toward the state's proficiency standards by specified student groups, and (3) provide for the equitable participation of private school children and teachers in the same manner as provided for under current law.

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