Datasets:

CJWeiss

/

LexSumm

like 0

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

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

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

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

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

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``New Collar Jobs Act of 2017''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. Sec. 3. Employee cybersecurity education. Sec. 4. Student loan repayment for certain cybersecurity employees. Sec. 5. CyberCorps scholarship-for-service program. Sec. 6. Increased funding for Advanced Technology Education program. Sec. 7. Cybersecurity training incentive for Government contracts. SEC. 2. FINDINGS. Congress find the following: (1) Domestic factory output has increased by 21 percent since June 2009, but manufacturing employment has only increased 5 percent during that time, and has been flat since late 2014. (2) As manufacturers leverage new technologies from robotics to distributed control systems to create modern factories and industrial plants, different employment requirements have emerged including the need for cybersecurity talent. (3) Leading cybersecurity experts have reported spike of 250 percent in industrial automation and control system cyber- incidents occurring during the period between 2011 and 2015 and as a result are seeking personnel with knowledge of their industry coupled with knowledge of security technology to prevent their organization from becoming victims of cyber- attacks. SEC. 3. EMPLOYEE CYBERSECURITY EDUCATION. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 45S. EMPLOYEE CYBERSECURITY EDUCATION. ``(a) In General.--For purposes of section 38, the employee cybersecurity education credit determined under this section for the taxable year is an amount equal to 50 percent of the aggregate qualified employee cybersecurity education expenses paid or incurred by the employer during such taxable year. ``(b) Limitation.--The amount allowed as a credit under subsection (a) for the taxable year with respect to an employee shall not exceed $5,000. ``(c) Qualified Employee Cybersecurity Education Expenses.--For purposes of this section, the term `qualified employee cybersecurity education expenses' means amounts paid or incurred for each employee who earns a certificate or degree at the undergraduate or graduate level or industry-recognized certification relating to those specialty areas and work roles that are listed in NCWF Work Roles in the document entitled, `NICE Cybersecurity Workforce Framework (NCWF)', published by the National Initiative for Cybersecurity Education (NICE) of the National Institute of Standards and Technology. ``(d) Certain Rules To Apply.--Rules similar to the rules of subsections (i)(1) and (k) of section 51 shall apply for purposes of this section.''. (b) Credit Made Part of General Business Credit.--Subsection (b) of section 38 of such Code is amended by striking ``plus'' at the end of paragraph (35), by striking the period at the end of paragraph (36) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(37) the employee cybersecurity education credit determined under section 45S(a).''. (c) Denial of Double Benefit.--Subsection (a) of section 280C of such Code is amended by inserting ``45S(a),'' after ``45P(a),''. (d) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 45S. Employee cybersecurity education.''. (e) Effective Date.--The amendments made by this section shall apply to individuals commencing apprenticeship programs after the date of the enactment of this Act. SEC. 4. STUDENT LOAN REPAYMENT FOR CERTAIN CYBERSECURITY EMPLOYEES. Section 455 of the Higher Education Act of 1965 (20 U.S.C. 1087e) is amended by adding at the end the following: ``(r) Loan Repayment for Cybersecurity Workers in Economically Distressed Area.-- ``(1) In general.--The Secretary shall cancel the amount described in paragraph (2) of the balance of interest and principal due, in accordance with such paragraph, on any eligible Federal Direct Loan not in default for a borrower who-- ``(A) makes 36 consecutive monthly payments on the eligible Federal Direct Loan after the date of the enactment of this section pursuant to any one or a combination of the following-- ``(i) payments under an income-based repayment plan under section 493C; ``(ii) payments under a standard repayment plan under subsection (d)(1)(A), based on a 10- year repayment period; ``(iii) monthly payments under a repayment plan under subsection (d)(1) or (g) of not less than the monthly amount calculated under subsection (d)(1)(A), based on a 10-year repayment period; or ``(iv) payments under an income contingent repayment plan under subsection (d)(1)(D); and ``(B) during the period in which the borrower makes each of the 36 consecutive monthly payments described in subparagraph (A), has been employed in a cybersecurity job-- ``(i) located in an area that, for at least 12 of such consecutive monthly payments is an economically distressed area; and ``(ii) that requires that the borrower work in the economically distressed area no less than 60 percent of total work hours. ``(2) Cancellation amount.--After the conclusion of the employment period described in paragraph (1), the Secretary shall cancel the lesser of the following: ``(A) The obligation to repay the balance of principal and interest due as of the time of such cancellation, on the eligible Federal Direct Loans made to the borrower under this part. ``(B) $25,000. ``(3) Ineligibility of double benefits.--No borrower may, for the same service, receive a reduction of loan obligations under both this subsection and-- ``(A) subsection (m); or ``(B) section 428J, 428K, 428L, or 460. ``(4) Definitions.--In this section: ``(A) Cybersecurity job.--The term `cybersecurity job' means-- ``(i) a skill role as defined in the NCWF Work Roles by the National Initiative for Cybersecurity Education (NICE) Cybersecurity Workforce Framework (NCWF) of the National Institute of Standards and Technology, Special Publication 800-181, or any successor document; or ``(ii) teaching a cybersecurity course for a skill role described in clause (i). ``(B) Economically distressed area.--The term `economically distressed area' means an area that meets one or more criteria under section 301(a) of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3161(a)).''. SEC. 5. CYBERCORPS SCHOLARSHIP-FOR-SERVICE PROGRAM. (a) Funding Increase.--It is the sense of the Congress that the number of scholarships awarded by the National Science Foundation for scholarships awarded under the Federal cyber scholarship-for-service program established by section 302 of the Cybersecurity Enhancement Act of 2014 for fiscal year 2018 and each succeeding fiscal year should be not less than double the number of such scholarships awarded for fiscal year 2017. (b) Cybersecurity Course Instruction.--Section 302 of the Cybersecurity Enhancement Act of 2014 (15 U.S.C. 7442) is amended-- (1) in subsection (a), by striking ``and security managers'' and inserting ``security managers, and cybersecurity course instructors,''; and (2) in subsection (d), by adding at the end the following: ``Such work may include teaching a cybersecurity course for a skill role as defined in the NCWF Work Roles by the National Initiative for Cybersecurity Education (NICE) Cybersecurity Workforce Framework (NCWF) of the National Institute of Standards and Technology, Special Publication 800-181, or any successor document.''. (c) Elimination of Priority for Federal Government Employment Placements.--Section 302(b) of such Act (15 U.S.C. 7442(b)) is amended-- (1) in paragraph (1), by adding ``and'' at the end; (2) in paragraph (2), by striking ``; and'' and inserting a period; and (3) by striking paragraph (3). SEC. 6. INCREASED FUNDING FOR ADVANCED TECHNOLOGY EDUCATION PROGRAM. It is the sense of the Congress that the amount expended for the Information Technology and Cybersecurity Division of the Advanced Technological Education program of the National Science Foundation established by section 3(a) of the Scientific and Advanced-Technology Act of 1992 (Public Law 102-476) for fiscal year 2018 should be an amount equal to not less than 110 percent of the amount expended for such division for fiscal year 2017. SEC. 7. CYBERSECURITY TRAINING INCENTIVE FOR GOVERNMENT CONTRACTS. (a) In General.--Subpart 15.3 of the Federal Acquisition Regulation shall be revised to require, in the evaluation of a competitive proposal received in response to a solicitation for a contract valued in excess of $5,000,000, that the head of an executive agency award a five percent score increase to each competitive proposal submitted by a qualified offeror. (b) Definitions.--In this section: (1) Executive agency.--The term ``executive agency'' has the meaning given that term in section 102 of title 40, United States Code. (2) Qualified offeror.--The term ``qualified offeror'' means a business that has claimed the employee cybersecurity education credit under section 45S of the Internal Revenue Code of 1986, as added by section 3, at least once within the three- year period preceding the date on which the business submits a competitive proposal for a contract valued in excess of $5,000,000.

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

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

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

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

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

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

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

SECTION 1. SHORT TITLE. This Act may be cited as the ``Unsubscribe Act of 2017''. SEC. 2. INCREASED CONSUMER PROTECTION WITH RESPECT TO NEGATIVE OPTION AGREEMENTS ENTERED INTO ON THE INTERNET. (a) Cancellation of Negative Option Agreements.--No person may enter into a negative option agreement on the Internet with any consumer, unless the negative option agreement provides the consumer with a mechanism to cancel the agreement in the same manner, and by the same means, into which the agreement was entered. (b) Requirements for Free-to-Pay Conversion Contracts.-- (1) In general.--It shall be unlawful for any person to charge or attempt to charge any consumer's credit card, debit card, bank account, or other financial account for any good or service sold in a free-to-pay conversion contract entered into on the Internet, unless-- (A) before obtaining the consumer's billing information, the person has obtained the consumer's express informed consent to enter into the contract and has provided the consumer with a notification of the terms of the contract, including the fact that-- (i) for an introductory period, the consumer will receive the good or service at no charge or for a nominal charge; and (ii) after the introductory period, the consumer will be charged or charged an increased amount for the good or service; and (B) before the initial charge or initial increase after the introductory period, the person requires the consumer to perform an additional affirmative action, such as clicking on a confirmation button or checking a box, which indicates the consumer's consent to be charged the amount disclosed. (2) Mandatory notifications.--After the introductory period in a free-to-pay conversion contract entered into on the Internet between any person and any consumer, and on a quarterly basis while the contract remains in effect, the person shall provide the consumer with a copy of the notification of the terms of the contract. (c) Mandatory Notifications With Respect to Other Negative Option Agreements.-- (1) Automatic renewal contracts.--With respect to an automatic renewal contract entered into on the Internet between any person and any consumer-- (A) not later than 30 days before the end of the initial fixed period in the contract, the person shall provide the consumer with a notification of the terms of the contract; and (B) after the initial fixed period in the contract, and on a quarterly basis while the contract remains in effect, the person shall provide the consumer with a copy of the notification of the terms of the contract. (2) Continuity plan contracts.--With respect to a continuity plan contract entered into on the Internet between any person and any consumer, the person shall provide the consumer with a copy of the notification of the terms of the contract on a quarterly basis while the contract remains in effect. (d) Regulations.--The Federal Trade Commission may prescribe regulations under section 553 of title 5, United States Code, to carry out this Act. SEC. 3. ENFORCEMENT. (a) By Federal Trade Commission.-- (1) In general.--A violation of this Act or any regulation prescribed under this Act shall be treated as a violation of a rule issued under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)) regarding unfair or deceptive acts or practices. The Federal Trade Commission shall enforce this Act in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this Act. (2) Penalties.--Any person who violates this Act or any regulation prescribed under this Act shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act as though all applicable terms and provisions of the Federal Trade Commission Act were incorporated in and made part of this Act. (b) By State Attorneys General.-- (1) In general.--Except as provided in paragraph (5), the attorney general of a State or other authorized State officer alleging a violation of this Act or any regulation prescribed under this Act that affects or may affect the State or the residents of the State may bring an action on behalf of the residents of the State in any United States district court for the district in which the defendant is found, resides, or transacts business, or wherever venue is proper under section 1391 of title 28, United States Code, to obtain appropriate injunctive relief. (2) Notice to commission required.--A State shall provide prior written notice to the Federal Trade Commission of any civil action brought under paragraph (1) with a copy of the complaint for the civil action, except that if providing such prior notice is not feasible for the State, the State shall provide notice immediately upon instituting the civil action. (3) Intervention by the commission.--The Federal Trade Commission may intervene in a civil action brought under paragraph (1) and upon intervening-- (A) may be heard on all matters arising in the civil action; and (B) may file petitions for appeal of a decision in the civil action. (4) Construction.--Nothing in this subsection shall be construed-- (A) to prevent the attorney general of a State or other authorized State officer from exercising the powers conferred on the attorney general or other authorized State officer by the laws of the State; or (B) to prohibit the attorney general of a State or other authorized State officer from proceeding in State or Federal court on the basis of an alleged violation of any civil or criminal statute of that State. (5) Limitation.--An action may not be brought under this subsection if, at the time the action is brought, the same alleged violation is the subject of a pending action by the Federal Trade Commission or the United States. SEC. 4. DEFINITIONS. In this Act: (1) Automatic renewal contract.--The term ``automatic renewal contract'' means a contract between any person and any consumer for a good or service that is automatically renewed after an initial fixed period, unless the consumer instructs otherwise. (2) Continuity plan contract.--The term ``continuity plan contract'' means a contract between any person and any consumer under which the consumer agrees to incur charges in exchange for periodic shipments of goods or the provision of services, unless the consumer instructs otherwise. (3) Free-to-pay conversion contract.--The term ``free-to- pay conversion contract'' means a contract between any person and any consumer under which-- (A) for an introductory period, the consumer receives a good or service at no charge or for a nominal charge; and (B) after the introductory period, the consumer is charged or charged an increased amount for the good or service. (4) Negative option agreement.--The term ``negative option agreement'' means-- (A) an automatic renewal contract; (B) a continuity plan contract; (C) a free-to-pay conversion contract; (D) a pre-notification negative option plan contract; or (E) any combination of the contracts described in subparagraphs (A) through (D). (5) Notification.--The term ``notification'', when used with respect to the terms of a contract, means a written notification that clearly, conspicuously, and concisely states all material terms of the contract, including information regarding the cancellation process. (6) Pre-notification negative option plan contract.--The term ``pre-notification negative option plan contract'' means a contract between any person and any consumer under which the consumer receives periodic notices offering goods and, unless the consumer specifically rejects the offer, the consumer automatically receives the goods and incurs a charge for such goods. SEC. 5. EFFECTIVE DATE. This Act shall apply with respect to contracts entered into after the date that is 1 year after the date of the enactment of this Act.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

SECTION 1. SHORT TITLE. This Act may be cited as the ``Domestic Violence Gun Homicide Prevention Act of 2014''. SEC. 2. GRANT PROGRAM REGARDING FIREARMS. (a) Grant Program.-- (1) Authority to make grants.--The Director of the Office of Community Oriented Policing Services of the Department of Justice may make grants to eligible States to assist the State in carrying out the policies, procedures, protocols, laws, or regulations described in subsection (b). (2) Eligible state.--A State shall be eligible to receive grants under this subsection on and after the date on which the Attorney General determines that the State has in effect policies, procedures, protocols, laws, or regulations described in subsection (b). (3) Use of funds.--Funds awarded under this section may be used by a State to assist law enforcement agencies or the courts of the State in carrying out the policies, procedures, protocols, laws, or regulations described in subsection (b). (4) Application.--An eligible State desiring a grant under this section shall submit to the Director of the Office of Community Oriented Policing Services an application at such time, in such manner, and containing or accompanied by such information, as the Director may reasonably require. (b) State Policies and Procedures.--The policies, procedures, protocols, laws, or regulations described in this subsection are policies, procedures, protocols, laws, or regulations relating to the possession or transfer of firearms or ammunition (as those terms are defined in section 921 of title 18, United States Code) that-- (1) impose restrictions and penalties substantially similar to or more comprehensive than those described in paragraphs (8) and (9) of subsection (d) and paragraphs (8) and (9) of subsection (g) of section 922 of title 18, United States Code; (2) requires the seizure or surrender of all firearms and ammunition from an individual-- (A) convicted of any crime for which the restrictions or penalties described in paragraph (1) apply; or (B) against whom any court has issued a protection order, as defined in section 2266(5) of title 18, United States Code; (3) require the State and local courts to consider at the initial appearance before a magistrate of any individual arrested for any crime for which the restrictions or penalties described in paragraph (1) apply, if the individual possesses a firearm or ammunition that has been or is likely to be used to threaten, harass, menace, or harm the victim or the victim's child, or may otherwise pose a danger to the victim or the victim's child and issue a protection order, as defined in section 2266(5) of title 18, United States Code, in which the State or local court shall prohibit the possession of any firearm or ammunition and require the surrender or seizure of any firearm or ammunition then possessed; (4) give State and local law enforcement the authority, consistent with the Constitution of the United States, to seize a firearm or ammunition when responding to domestic violence situations, if there is probable cause to believe-- (A) such firearm or ammunition is contraband or illegally in the possession of the suspected offender; and (B) such firearm or ammunition has been or is likely to be used to threaten, harass, menace, or harm the victim or the victim's child, or may otherwise pose a danger to the victim or the victim's child; and (5) provide for the safe return of any firearm or ammunition seized or surrendered as described in paragraph (2), (3), or (4)-- (A) at such time as-- (i) the restrictions and penalties of paragraph (1) no longer apply to such individual; (ii) the protection order described in paragraph (2) or (3) is no longer in force against such individual; or (iii) the firearm or ammunition described in paragraph (4) is determined not to be contraband or illegally in the suspected offender's possession; and (B) in a manner that does not endanger the safety of persons who were the victim of any crime described in paragraph (1) or suspected crime described in paragraph (4) or who were the persons protected by the protection order described in paragraph (2) or (3). (c) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this section.

Domestic Violence Gun Homicide Prevention Act of 2014 - Authorizes the Director of the Office of Community Oriented Policing Services of the Department of Justice (DOJ) to make grants to assist eligible states in carrying out policies, procedures, protocols, laws, or regulations relating to the possession or transfer of firearms or ammunition that: impose restrictions and penalties substantially similar to or more comprehensive than those applicable to possession by or transfer to persons subject to a court order for stalking-related offenses against an intimate partner or child or persons convicted of a misdemeanor crime of domestic violence; require the seizure or surrender of all firearms and ammunition from an individual convicted of any crime for which any such restrictions or penalties apply or against whom a court has issued a protection order; require state and local courts to consider, at the initial appearance before a magistrate of any individual arrested for any crime for which such restrictions or penalties apply, if the individual possesses a firearm or ammunition that has been or is likely to be used to threaten, harass, or harm the victim or the victim's child or otherwise pose a danger to them and to issue a protection order prohibitting the possession of any firearm or ammunition and require the surrender or seizure of any firearm or ammunition possessed; give state and local law enforcement the authority to seize a firearm or ammunition when responding to specified domestic violence situations, if there is probable cause to believe such firearm or ammunition is contraband or illegally in the possession of the suspected offender and is likely to be used to threaten, harass, menace, or harm, or to otherwise pose a danger to, the victim or the victim's child; and provide for the safe return of any seized or surrendered firearm or ammunition when such restrictions and penalties no longer apply.

SECTION 1. INCREASE IN MAXIMUM RATES OF BASIC PAY ALLOWABLE. (a) For Members of the Senior Executive Service.--Section 5382(b) of title 5, United States Code, is amended by striking ``level IV'' and inserting ``level II''. (b) For Positions Covered by Section 5376.--Section 5376(b)(1)(B) of title 5, United States Code, is amended by striking ``level IV'' and inserting ``level II''. (c) For Contract Appeals Board Members.--Section 5372a(b)(1) of title 5, United States Code, is amended by striking ``level IV'' and inserting ``level II''. (d) For Positions Covered by Section 5373.--Section 5373 of title 5, United States Code, is amended by striking ``level IV'' and inserting ``level II''. (e) For Positions Covered by Section 5306.--Section 5306 of title 5, United States Code, is amended by striking ``level V'' and inserting ``level II''. SEC. 2. MODIFIED LIMITATIONS ON CERTAIN CASH PAYMENTS. (a) Limitation on Locality-Based Comparability Payments for Senior- Level Positions.--Section 5304(g)(2) of title 5, United States Code, is amended by striking ``level III of the Executive Schedule'' and inserting ``the annual rate of salary under section 104 of title 3''. (b) Limitation on Differentials and Other Cash Payments for Senior- Level Positions.-- (1) In general.--Section 5307 of title 5, United States Code, is amended by redesignating subsections (b) and (c) as subsections (c) and (d), respectively, and by inserting after subsection (a) the following: ``(b)(1) In the case of an employee under paragraph (2)-- ``(A) subsection (a) shall be applied-- ``(i) by substituting `the annual rate of salary under section 104 of title 3' for `the annual rate of basic pay payable for level I of the Executive Schedule' in paragraph (1); and ``(ii) by substituting `(other than section 5755)' for `(other than section 5753, 5754, or 5755)' in paragraph (2)(B); and ``(B) subsection (c) shall not be applicable. ``(2) This subsection applies with respect to any employee who-- ``(A) is a member of the Senior Executive Service; ``(B) is a member of the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service; ``(C) holds a position that is subject to section 5372a (relating to contract appeals board members); ``(D) holds a position that is subject to section 5376 (relating to certain senior-level positions); or ``(E) holds the position of an examiner-in-chief or designated examiner-in-chief in the Patent and Trademark Office, Department of Commerce.''. (2) Conforming Amendments.--(A) Section 5307(d) of title 5, United States Code, as amended by paragraph (1), is further amended by striking ``subsection (b)'' each place it appears and inserting ``subsection (c)''. (B) Sections 3152 and 5383(b) of title 5, United States Code, are amended by striking ``5307'' and inserting ``5307(b)''. SEC. 3. EXAMINERS-IN-CHIEF AND DESIGNATED EXAMINERS-IN-CHIEF IN THE PATENT AND TRADEMARK OFFICE. (a) Basic Pay.-- (1) Examiners-in-chief.--Section 3(c) of title 35, United States Code, is amended by striking ``the maximum scheduled rate provided for positions in grade 17 of the General Schedule of the Classification Act of 1949, as amended'' and inserting ``the rate of basic pay payable for level II of the Executive Schedule''. (2) Designated examiners-in-chief.--Section 7(c) of title 35, United States Code, is amended by striking ``the maximum rate of basic pay payable for grade GS-16 of the General Schedule under section 5332 of title 5'' and inserting ``the rate of basic pay payable for level II of the Executive Schedule''. (b) Locality-Based Comparability Payments.--Paragraph (1) of section 5304(h) of title 5, United States Code, is amended by striking ``and'' at the end of subparagraph (E), by redesignating subparagraph (F) as subparagraph (G), and by inserting after subparagraph (E) the following: ``(F) a position specified in section 5102(c)(23) (relating to examiners-in-chief and designated examiners-in-chief in the Patent and Trademark Office, Department of Commerce); and''. (c) Conforming Amendments.--(1)(A) Section 5304(g)(2)(A) of title 5, United States Code, is amended by striking ``(A)-(E)'' and inserting ``(A)-(F)''. (B) Section 5304(h)(2)(B)(i) of section 5304 of title 5, United States Code, is amended by striking ``(A) through (E)'' and inserting ``(A) through (F)''. (2)(A) Section 5304(g)(2)(B) of title 5, United States Code, is amended by striking ``(h)(1)(F)'' and inserting ``(h)(1)(G)''. (B) Section 5304(h)(2)(B)(ii) of title 5, United States Code, is amended by striking ``paragraph (1)(F)'' and inserting ``paragraph (1)(G)''.

Prohibits the pay of such senior-level positions, after locality-based comparability payments, from exceeding the annual salary of the Vice President. Prohibits cash payments to the following Federal employees in a calendar year to the extent that, when added to basic pay, such amount would exceed the annual basic pay under level I of the Executive Schedule: (1) a member of the SES; (2) a member of the Federal Bureau of Investigation and Drug Enforcement Administration SES; (3) contract appeals board members; (4) certain senior-level positions; and (5) examiner-in-chief or designated examiner-in-chief in the Patent and Trademark Office, Department of Commerce. Provides, with respect to such examiners and designated examiners: (1) an increase in the maximum pay rate to Level II of the Executive Schedule; and (2) authorized locality-based comparability payments.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Deport Convicted Foreign Criminals Act''. SEC. 2. DISCONTINUING GRANTING CERTAIN VISAS TO NATIONALS OF COUNTRY DENYING OR DELAYING ACCEPTING ALIENS. (a) Amendment.--Section 243 of the Immigration and Nationality Act (8 U.S.C. 1253) is amended by striking subsection (d). (b) Discontinuing Granting Certain Visas to Nationals of Country Denying or Delaying Accepting Alien.--Section 241(b) of the Immigration and Nationality Act (8 U.S.C. 1231(b)) is amended by adding at the end the following: ``(4) Discontinuing granting certain visas and denying admission to nationals of country denying or delaying accepting aliens.-- ``(A) Discontinuing granting visas.--Except as provided under subparagraph (C), if a country is listed in the most recent quarterly report submitted by the Secretary of Homeland Security to the Congress under subparagraph (E), the Secretary of State may not issue a nonimmigrant visa pursuant to section 101(a)(15)(A) to a citizen, subject, national, or resident of such country until-- ``(i) the Secretary of Homeland Security notifies the Secretary of State that the country should no longer be so listed; or ``(ii) each alien listed in the report with respect to such country has otherwise been removed from the United States. ``(B) Denying admission to nationals and foreign government officials.--Except as provided under subparagraph (C), if a country is listed in the most recent quarterly report submitted by the Secretary of Homeland Security to the Congress under subparagraph (E), the Secretary of Homeland Security, in consultation with the Secretary of State, shall deny admission to any citizen, subject, national, or resident of that country who has received a nonimmigrant visa pursuant to section 101(a)(15)(A). ``(C) Exception.--Subparagraphs (A) and (B) do not apply if the Secretary of State determines that the life or freedom of the visa applicant or individual seeking admission would be threatened in the country listed under subparagraph (E). ``(D) Effect of unauthorized issuance.--Any visa issued in violation of this paragraph shall be null and void. ``(E) Quarterly reports.--Not later than 90 days after the date of the enactment of the Deport Convicted Foriegn Criminals Act, and every 3 months thereafter, the Secretary of Homeland Security shall submit a report to the Congress that-- ``(i) lists all the countries that deny or unreasonably delay the acceptance of at least 10 percent of the total number of aliens who-- ``(I) are physically present in the United States; ``(II) are a citizen, subject, national, or resident of such country; and ``(III) have received a final order of removal; and ``(ii) includes the total number of aliens described under clause (i), organized by-- ``(I) name; ``(II) country; ``(III) detention status; and ``(IV) criminal status. ``(F) Compliance with repatriation.--If the Secretary of Homeland Security determines that a country listed in the quarterly report under subparagraph (E) has accepted each alien listed with respect to that country under subparagraph (E)(ii), the country shall be removed from the list in the next quarterly report submitted under subparagraph (E) and shall not be subject to the sanctions described in this paragraph, unless subparagraph (E) applies to such country with respect to another alien. ``(G) Denies or unreasonably delays.-- ``(i) In general.--Except as provided under clause (ii), in this paragraph, a country `denies or unreasonably delays' the acceptance of an alien who is a citizen, subject, national, or resident of the country if the country does not accept the alien within the removal period. ``(ii) Alien that may not be removed.--For purposes of clause (i), a country does not deny or unreasonably delay the acceptance of an alien who is a citizen, subject, national, or resident of the country if such alien may not be removed pursuant to this section.''. SEC. 3. NOTICE TO STATE AND LOCAL LAW ENFORCEMENT. (a) Notice.-- (1) In general.--As soon as practicable, the Secretary of Homeland Security shall notify the chief law enforcement officer of the State and of the local jurisdiction in which any alien described in paragraph (2) has been detained by the United States is released. (2) Alien described.--An alien is described in this paragraph if the alien-- (A) is listed in the most recent quarterly report submitted by the Secretary of Homeland Security to the Congress under section 241(b)(4)(E) of the Immigration and Nationality Act (8 U.S.C. 1231(b)(4)(E)); or (B) has received a final order of removal under chapter 4 of title II of the Immigration and Nationality Act (8 U.S.C. 1221 et seq.) and has not been removed from the United States. (b) Information Contained in Notice.--The notice under subsection (a) shall include the following information, if available, about each alien: (1) Name. (2) Location where the alien is released. (3) Date of release. (4) Country of nationality. (5) Detention status. (6) Criminal history, including probation and parole information.

Deport Convicted Foreign Criminals Act - Amends the the Immigration and Nationality Act to: (1) prohibit issuance of visas to citizens, subjects, nationals, or residents of a country listed in the most recent quarterly delayed repatriation report until the Secretary of Homeland Security (DHS) notifies the Secretary of State that the country is no longer listed, or each alien listed in the report with respect to such country has been removed from the United States; and (2) deny entrance to visa holders who are citizens, subjects, nationals, residents, or government officials of such a country. Directs the Secretary of Homeland Security to notify the chief law enforcement officer of the state and of the local jurisdiction in which an alien who has been detained by the United States is released. Defines "alien" as an individual who: (1) is listed in the most recent quarterly report, or (2) has received a final order of removal and has not been removed from the United States.

SECTION 1. SHORT TITLE AND TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``International Nuclear Fuel for Peace and Nonproliferation Act of 2007''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title and table of contents. TITLE I--INTERNATIONAL REGIME FOR THE ASSURED SUPPLY OF NUCLEAR FUEL FOR PEACEFUL MEANS Sec. 101. Findings. Sec. 102. Sense of Congress. Sec. 103. Statements of policy. Sec. 104. Report. TITLE II--INTERNATIONAL NUCLEAR FUEL BANK Sec. 201. Voluntary contributions to the International Atomic Energy Agency. Sec. 202. Authorization of appropriations. TITLE I--INTERNATIONAL REGIME FOR THE ASSURED SUPPLY OF NUCLEAR FUEL FOR PEACEFUL MEANS SEC. 101. FINDINGS. Congress makes the following findings: (1) Since the United States Baruch Plan of 1946, the United States has believed that an increase in the number of countries that possess nuclear weapons and the means to create such weapons makes the world less secure and stable by increasing the chances that nuclear weapons would be used. A world in which nuclear weapons are used again is less secure for all concerned, and could well trigger a global arms race, as more countries will be tempted to arm themselves with nuclear weapons to prevent attacks by countries that possess nuclear weapons. (2) It is therefore in the general security interest of all countries, and in the vital national security interest of the United States, that the number of countries that possess a nuclear weapons capability necessarily be kept to a minimum and ultimately reduced. (3) Uranium enrichment and spent-fuel reprocessing facilities produce nuclear material that can either be used for peaceful purposes in electricity-generating reactors, or can be used to produce uranium and plutonium for nuclear weapons. As such, these facilities are inherently a proliferation risk, allowing their possessor to be just months away from the production of a nuclear explosive device. (4) It is also therefore in the general security interest of all countries that the number of countries that operate uranium enrichment and spent-fuel reprocessing facilities also be kept to a minimum, consistent with the global demand for nuclear power reactor fuel. (5) The financing and construction of additional uranium enrichment and spent-fuel reprocessing facilities in additional states around the world is indefensible on economic grounds alone, given current and future supplies of uranium and existing providers of uranium enrichment and spent-fuel reprocessing services to the world market. (6) The desire to construct uranium enrichment and spent- fuel reprocessing facilities by additional countries, therefore, is often based upon considerations other than economic calculations. The possession of such facilities is often elevated to a matter of national pride--a demonstration to the world that the country that possesses this technology has arrived at a level of technological development comparable to that of the United States and other countries with advanced civil nuclear power programs. (7) Furthermore, the acquisition of uranium enrichment and spent-fuel reprocessing facilities can be perceived as a demonstration of the developing world's independence from technological domination by the more developed states. Article IV of the Treaty on the Nonproliferation of Nuclear Weapons (21 UST 483; commonly referred to as the ``Nuclear Non- Proliferation Treaty'' or the ``NPT'') recognizes that State Parties have an ``inalienable right . . . to develop research, production and use of nuclear energy for peaceful purposes without discrimination.''. However, this is a qualified right conditioned by a State Party acting in conformity with the NPT's obligation for such countries not to acquire, possess, or develop nuclear weapons or nuclear explosive devices. (8) It has been long recognized that the proliferation of national uranium enrichment and spent-fuel reprocessing facilities would increase the likelihood of the emergence of new nuclear weapon states. Concerned governments, nongovernmental organizations, and individual experts have for decades recognized the need to address this problem through multilateral assurances of the uninterrupted supply of nuclear fuel, the sharing of peaceful application of nuclear energy, an international fuel bank to provide fuel if the fuel supply to a country is disrupted, and even multilateral participation in international uranium enrichment and spent-fuel reprocessing facilities, as a means of reducing incentives of countries to develop and construct such facilities themselves. (9) Until recently, such efforts have produced little more than reports. However, the revelations of a nuclear black- market in uranium enrichment technology and equipment, combined with the attempt by North Korea and Iran to possess such technology and equipment to provide the basis for nuclear weapons programs, have rekindled this debate with a new urgency. (10) Iran has used the specter of a potentially unreliable international supply of nuclear reactor fuel as a pretext for developing its own uranium enrichment and spent-fuel reprocessing capability, which would enable Iran to also produce weapons-grade uranium and plutonium for nuclear weapons. (11) Several initiatives have been proposed over the last year to address these concerns. The United States has proposed the Global Nuclear Energy Partnership (GNEP), which envisions a consortium of countries with advanced nuclear capabilities providing nuclear fuel services--fresh fuel and recovery of used fuel--to other countries that agree to employ nuclear energy only for power generation purposes, without possessing national uranium enrichment and spent-fuel reprocessing facilities. (12) The United States also joined France, the Russian Federation, Germany, the United Kingdom, and the Netherlands on May 31, 2006, in proposing a ``Concept for a Multilateral Mechanism for Reliable Access to Nuclear Fuel'' that would facilitate or create new arrangements between suppliers and recipients to provide fuel to countries with good nonproliferation credentials in case of market failure. (13) Any assurance of the supply of nuclear fuel should meet the condition outlined by President George W. Bush on February 11, 2004, that ``The world's leading nuclear exporters should ensure that states have reliable access at reasonable cost to fuel for civilian reactors, so long as those states renounce enrichment and reprocessing.''. (14) The Russian Federation has proposed that one of its uranium enrichment facilities be placed under international management and oversight, as part of a ``Global Nuclear Power Infrastructure'' proposal to create international nuclear fuel cycle centers. (15) In conclusion, the creation of a multi-tiered system to assure the supply of nuclear reactor fuel at current market prices, under appropriate safeguards and conditions, could reassure countries that are dependent upon or will construct nuclear power reactors that they will have an assured supply of nuclear fuel at current market prices, so long as such countries forgo national uranium enrichment and spent-fuel reprocessing facilities and are committed to the nonproliferation of nuclear weapons. SEC. 102. SENSE OF CONGRESS. It is the sense of Congress that-- (1) the ``Concept for a Multilateral Mechanism for Reliable Access to Nuclear Fuel'', proposed by the United States, France, the Russian Federation, Germany, the United Kingdom, and the Netherlands on May 31, 2006, is welcomed and should be expanded upon at the earliest possible opportunity; (2) the proposal by the Government of the Russian Federation to bring one of its uranium enrichment facilities under international management and oversight is also a welcome development and should be encouraged by the United States; (3) the offer by the Nuclear Threat Institute (NTI) of $50,000,000 in funds to support the creation of an international nuclear fuel bank by the International Atomic Energy Agency (IAEA) is also welcomed, and the United States and other member states of the IAEA should pledge collectively at least an additional $100,000,000 in matching funds to fulfill the NTI proposal; and (4) the governments, organizations, and experts currently engaged in developing the initiatives described in paragraphs (1) through (3) and other initiatives should seek to identify additional incentives to be included in an international regime for the assured supply of nuclear fuel for peaceful means at current market prices, including participation in non-weapons- relevant technology development and fuel leasing to further persuade countries that participation in such a multilateral arrangement far outweighs the temptation and expense of developing national uranium enrichment and plutonium reprocessing facilities. SEC. 103. STATEMENTS OF POLICY. (a) General Statement of Policy.--It is the policy of the United States to support the establishment of an international regime for the assured supply of nuclear fuel for peaceful means under multilateral authority, such as the International Atomic Energy Agency. (b) Additional Statement of Policy.--It is further the policy of the United States to-- (1) oppose the development of a capability to produce nuclear weapons by any non-nuclear weapon state, within or outside of the NPT; (2) encourage states party to the NPT to interpret the right to ``develop research, production and use of nuclear energy for peaceful purposes,'' as described in Article IV of the NPT, as being a qualified right that is conditioned by the overall purpose of the NPT to prevent the spread of nuclear weapons and nuclear weapons capability, including by refraining from all nuclear cooperation with any state party that has not demonstrated that it is in full compliance with its NPT obligations, as determined by the International Atomic Energy Agency; and (3) strengthen the Nuclear Suppliers Group guidelines concerning consultation by members regarding violations of supplier and recipient understandings by instituting the practice of a timely and coordinated response by Nuclear Suppliers Group members to all such violations, including termination of nuclear transfers to an involved recipient, that discourage individual Nuclear Suppliers Group members from continuing cooperation with such recipient until such time as a consensus regarding a coordinated response has been achieved. SEC. 104. REPORT. Not later than 180 days after the date of the enactment of this Act, the President shall transmit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a report on the activities of the United States to support the establishment of an international regime for the assured supply of nuclear fuel for peaceful means at current market prices under multilateral authority, such as the International Atomic Energy Agency. The report shall include an assessment of the feasibility of establishing an international fuel services center within the United States. TITLE II--INTERNATIONAL NUCLEAR FUEL BANK SEC. 201. VOLUNTARY CONTRIBUTIONS TO THE INTERNATIONAL ATOMIC ENERGY AGENCY. (a) Voluntary Contributions Authorized.--The President is authorized to make voluntary contributions on a grant basis to the International Atomic Energy Agency (hereinafter in this section referred to as the ``IAEA'') for the purpose of supporting the establishment of an international nuclear fuel bank to maintain a reserve of low-enriched uranium for reactor fuel to provide to eligible countries in the case of a disruption in the supply of reactor fuel by normal market mechanisms. (b) Requirements.--Voluntary contributions under subsection (a) may be provided only if the President certifies to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate that-- (1) the IAEA has received pledges in a total amount of not less than $100,000,000 and is in receipt of not less than $75,000,000 of such pledges for the purpose of supporting the establishment of the international nuclear fuel bank referred to in subsection (a); (2) the international nuclear fuel bank referred to in subsection (a) will be established within the territory of a non-nuclear weapon state, and will be under the oversight of the IAEA, only if-- (A) the non-nuclear weapon state, among other things-- (i) has a full scope safeguards agreement with the IAEA and an additional protocol for safeguards in force; (ii) has never been determined by the IAEA Board of Governors to be in noncompliance with its IAEA full scope safeguards agreement and its additional protocol for safeguards; and (iii) has effective enforceable export controls regarding nuclear and dual-use nuclear technology and other sensitive materials comparable to those maintained by the United States; and (B) the Secretary of State has never determined, for purposes of section 6(j) of the Export Administration Act of 1979, section 620A of the Foreign Assistance Act of 1961, section 40 of the Arms Export Control Act, or any other provision of law, that the government of the non-nuclear weapon state has repeatedly provided support for acts of international terrorism; (3) the international nuclear fuel bank referred to in subsection (a) will provide nuclear reactor fuel to a country only if, at the time of the request for nuclear reactor fuel-- (A) the country is in full compliance with its IAEA safeguards agreement and has an additional protocol for safeguards in force; (B) in the case of a country that at any time prior to the request for nuclear reactor fuel has been determined to be in noncompliance with its IAEA safeguards agreement, the IAEA Board of Governors determines that the country has taken all necessary actions to satisfy any concerns of the IAEA Director General regarding the activities that led to the prior determination of noncompliance; (C) the country agrees to use the nuclear reactor fuel in accordance with its IAEA safeguards agreement; (D) the country has effective and enforceable export controls regarding nuclear and dual-use nuclear technology and other sensitive materials comparable to those maintained by the United States; (E) the country does not possess uranium enrichment or spent-fuel reprocessing facilities of any scale; and (F) the government of the country is not a state sponsor of terrorism for purposes of section 6(j) of the Export Administration Act of 1979, section 620A of the Foreign Assistance Act of 1961, section 40 of the Arms Export Control Act, or any other provision of law; (4) the international nuclear fuel bank referred to in subsection (a) will not contain uranium enrichment or spent- fuel reprocessing facilities; and (5) the nuclear reactor fuel referred to in paragraph (3) will be provided to a country referred to in such paragraph only at current market prices. (c) Waiver.--The President may waive the requirement of subparagraph (F) of subsection (b)(3) if the President-- (1) determines that it is important to the national security interests of the United States to do so; and (2) transmits to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a report that contains the basis of the determination under paragraph (1). (d) Rule of Construction.--Nothing in this section shall be construed to authorize voluntary contributions under subsection (a) to support subsidization of the price of nuclear reactor fuel whose supply would be assured by the United States, the IAEA, or any other state or international entity covered by this section. SEC. 202. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--To carry out section 201, there is authorized to be appropriated to the President $50,000,000 for fiscal year 2008. (b) Availability of Appropriations.--Amounts appropriated pursuant to the authorization of appropriations under subsection (a) are authorized to remain available until September 30, 2010. Passed the House of Representatives June 18, 2007. Attest: LORRAINE C. MILLER, Clerk.

International Nuclear Fuel for Peace and Nonproliferation Act of 2007 - Title I: International Regime for the Assured Supply of Nuclear Fuel for Peaceful Means - (Sec. 103) States that it is U.S. policy to: (1) support the establishment of an international regime for the assured supply of nuclear fuel for peaceful means under multilateral authority, such as the International Atomic Energy Agency (IAEA); (2) oppose the development of a capability to produce nuclear weapons by any non-nuclear weapon state; (3) encourage Nuclear Non-Proliferation Treaty (NPT) states to interpret the right to "develop research, production and use of nuclear energy for peaceful purposes" as a qualified right conditioned by the overall purpose of the NPT to prevent the spread of nuclear weapons and nuclear weapons capability; and (4) strengthen the Nuclear Suppliers Group guidelines concerning consultation by members regarding violations of supplier and recipient understandings by instituting the practice of a timely and coordinated response to such violations, including termination of nuclear transfers to an involved recipient. (Sec. 104) Directs the President to report to the House Committee on Foreign Affairs and the Senate Committee on Foreign Relations on U.S. activities to support the establishment of an international regime for the assured supply of nuclear fuel for peaceful means at current market prices under multilateral authority, including an assessment of the feasibility of establishing an international fuel services center within the United States. Title II: International Fuel Bank - (Sec. 201) Authorizes the President to make voluntary grant basis contributions to the IAEA for an international nuclear fuel bank to maintain a low-enriched uranium reserve of reactor fuel for eligible countries. Requires the President, prior to making such contributions, to certify to the House Committee on Foreign Affairs and the Senate Committee on Foreign Relations that: (1) the IAEA has received specified monetary pledges for the international nuclear fuel bank; (2) the bank will be established in a nonnuclear weapon state under IAEA oversight; (3) the bank will provide nuclear reactor fuel only to a country that is in full compliance with IAEA and other safeguards, agrees to use the nuclear reactor fuel in accordance with IAEA safeguards, does not operate uranium enrichment or spent-fuel reprocessing facilities, and is not a state sponsor of terrorism (which may be waived by the President for national security reasons); (4) the bank will not contain uranium enrichment or spent-fuel reprocessing facilities; and (5) the nuclear reactor fuel will be provided at current market prices. Authorizes FY2008 appropriations, which shall remain available until September 30, 2010.

SECTION 1. INCREASE IN AMOUNT OF EDUCATIONAL ASSISTANCE FOR MEMBERS OF THE SELECTED RESERVE. (a) Increase in Amount.--Section 16131(b)(1) of title 10, United States Code, is amended-- (1) in subparagraph (A), by striking ``$251'' and inserting ``$600''; (2) in subparagraph (B), by striking ``$188'' and inserting ``$450''; and (3) in subparagraph (C), by striking ``$125'' and inserting ``$300''. (b) Effective Date.--The amendments made by subsection (a) shall take effect on the date of the enactment of this Act, and shall apply with respect to payments of educational assistance allowances under chapter 1606 of title 10, United States Code, made for months beginning on or after that date. SEC. 2. REDUCTION IF RETIREMENT AGE FOR YEARS OF SERVICE IN THE ARMED FORCES BY CERTAIN MEMBERS OF THE NATIONAL GUARD AND RESERVE WHO SERVE ON ACTIVE DUTY AFTER SEPTEMBER 11, 2001. (a) In General.--Section 12731 of title 10, United States Code, is amended-- (1) in subsection (a), by striking paragraph (1) and inserting the following: ``(1) has attained the eligibility age applicable under subsection (f) to that person;''; and (2) by adding at the end the following new subsection: ``(f)(1) Subject to paragraph (2) the eligibility age for purposes of subsection (a)(1) is 60 years of age. ``(2)(A) In the case of a person who as a reserve of the armed forces serves on active duty in Iraq or Afghanistan after September 11, 2001, the eligibility age for purposes of subsection (a)(1) shall be reduced below 60 years of age by six months for each aggregate of 90 days on which such person so serves after such date, subject to subparagraph (B). A day of service may be included in only one aggregate of 90 days for purposes of this subparagraph. ``(B) The eligibility age for purposes of subsection (a)(1) may not be reduced below 50 years of age for any person under subparagraph (A).''. (b) Administration of Related Provisions of Law or Policy.--With respect to any provision of law, or of any policy, regulation, or directive of the executive branch, that refers to a member or former member of the uniformed services as being eligible for, or entitled to, retired pay under chapter 1223 of title 10, United States Code, but for the fact that the member or former member is under 60 years of age, such provision shall be carried out with respect to that member or former member by substituting for the reference to being 60 years of age a reference to having attained the eligibility age applicable under subsection (f) of section 12731 of title 10, United States Code (as added by subsection (a)), to such member or former member for qualification for such retired pay under subsection (a) of that section. (c) Effective Date and Applicability.--The amendment made by subsection (a) shall take effect as of September 11, 2001, and shall apply with respect to applications for retired pay that are submitted under section 12731(a) of title 10, United States Code, on or after the date of the enactment of this Act. SEC. 3. LOCATION OF TREATMENT OF CERTAIN RESERVES REQUIRING TREATMENT FOR WOUNDS OR INJURIES INCURRED ON ACTIVE DUTY. (a) Location of Treatment.-- (1) In general.--If a member of a reserve component of the Armed Forces requires treatment for more than 30 days for a wound or injury incurred on active duty in the Armed Forces, the Secretary of the military department concerned shall transfer such member to a military medical treatment facility, medical facility of the Department of Veterans Affairs, or private medical facility appropriate for the treatment of such wound or injury that is located not more than 30 miles from a location elected by such member for such purpose from among the locations as follows: (A) The hometown of such member. (B) The permanent duty station of such member. (2) Transfers to va facilities.--(A) Any transfer under paragraph (1) to a medical facility of the Department of Veterans Affairs shall be made on a space-available basis at such medical facility. (B) Transfers under paragraph (1) to medical facilities of the Department of Veterans Affairs shall be made in accordance with the terms of a memorandum of agreement entered into by the Secretary of Defense and the Secretary of Veterans Affairs for purposes of this section. (3) Transfers to private facilities.--Any transfer under paragraph (1) to a private medical facility shall be made with the consent of such medical facility. (4) Cost of treatment.--All costs of treatment of a member transferred under paragraph (1) to a medical facility of the Department of Veterans Affairs or private medical facility for the wound or injury for which so transferred shall be borne by the Secretary of the military department concerned. (b) Enhancement of Travel and Transportation for Family Members for Travel Incident to Illness or Injury of Members.--Section 411h of title 37, United States Code, is amended-- (1) in subsection (a), by striking paragraph (3); (2) by striking subsection (c) and inserting the following new subsection (c): ``(c) The amount payable under subsection (a) for travel and transportation of a family member of a member of the uniformed services is the amount as follows: ``(1) During the 180-day period beginning with the commencement of treatment of such member as described in subsection (a), $100 per day for not more than 5 days in each consecutive 30-day period during such 180-day period. ``(2) During the 180-day period beginning at the end of the 180-day period covered by subparagraph (A), $100 per day for not more than 5 days in each consecutive 60-day period during the 180-day period covered by this subparagraph. ``(3) After the 180-day period covered by subparagraph (B), $100 per day for not more than 5 days in each consecutive 90- day period thereafter.''; and (3) in subsection (d), by striking paragraph (3). SEC. 4. TRAVEL AND TRANSPORTATION ALLOWANCE FOR MEMBERS OF THE NATIONAL GUARD TRAVELING LONG DISTANCES FOR DRILL OR ANNUAL TRAINING. (a) Allowances.--Chapter 7 of title 37, United States Code, is amended by inserting after section 408 the following new section: ``Sec. 408a. Travel and transportation allowances: members of the National Guard traveling long-distances for drill or annual training ``(a) Eligibility for Reimbursement.--Under regulations prescribed jointly by the Secretary of the Army and the Secretary of the Air Force, a member of a reserve component of the armed forces who travels more than 50 miles for drill or instruction, or annual training duty, under section 502 of title 32 shall be reimbursed by the applicable Secretary for the costs of such travel. ``(b) Limitation.--The total reimbursement of a member for travel under subsection (a) may not exceed the cost of Government-procured commercial round-trip travel between the locations involved.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 7 of such title is amended by inserting after the item relating to section 408 the following new item: ``408a. Travel and transportation allowances: members of the National Guard traveling long-distances for drill or annual training.''.

Increases authorized monthly educational assistance amounts for members of the Selected Reserve. Reduces the military retirement eligibility age in the case of a person who serves in the reserves on active duty in Iraq or Afghanistan after September 11, 2001, below 60 years of age by six months for each 90 days that the person so serves. Prohibits such eligibility age from being reduced below 50. Requires that, if a member of the reserves requires treatment for more than 30 days for a wound or injury incurred on active duty, the Secretary of the military department concerned shall transfer such member to a treatment facility that is not more than 30 miles from either the hometown or permanent duty station of the member, as elected by such member. Requires a member of the reserves who travels more than 50 miles for drill, instruction, or annual training duty to be reimbursed for the costs of such travel.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Nuclear Family Priority Act''. SEC. 2. IMMEDIATE RELATIVE DEFINITION. Section 201(b)(2)(A)(i) of the Immigration and Nationality Act (8 U.S.C. 1151(b)(2)(A)(i)) is amended-- (1) by striking ``children, spouses, and parents'' and inserting ``children and spouses''; and (2) by striking ``States, except that'' and all that follows through ``of age.'' and inserting ``States.''. SEC. 3. CHANGE IN FAMILY-SPONSORED IMMIGRANT CATEGORIES. Section 203(a) of the Immigration and Nationality Act (8 U.S.C. 1153(a)) is amended to read as follows: ``(a) Preference Allocation for Spouses and Children of Permanent Resident Aliens.--Qualified immigrants who are the spouses or children of an alien lawfully admitted for permanent residence shall be allotted visas in a number not to exceed the worldwide level specified in section 201(c).''. SEC. 4. CHANGE IN WORLDWIDE LEVEL OF FAMILY-SPONSORED IMMIGRANTS. Section 201(c) of the Immigration and Nationality Act (8 U.S.C. 1151(c)) is amended-- (1) by amending paragraph (1) to read as follows: ``(1) The worldwide level of family-sponsored immigrants under this subsection for a fiscal year is equal to-- ``(A) 88,000; minus ``(B) the number computed under paragraph (2).''; (2) by striking paragraphs (2), (3), and (5); and (3) by redesignating paragraph (4) as paragraph (2). SEC. 5. CONFORMING AMENDMENTS. (a) Numerical Limitation to Any Single Foreign State.--Section 202 of the Immigration and Nationality Act (8 U.S.C. 1152) is amended-- (1) in subsection (a)(4)-- (A) by amending subparagraphs (A) and (B) to read as follows: ``(A) 75 percent of family-sponsored immigrants not subject to per country limitation.--Of the visa numbers made available under section 203(a) in any fiscal year, 75 percent shall be issued without regard to the numerical limitation under paragraph (2). ``(B) Treatment of remaining 25 percent for countries subject to subsection (e).-- ``(i) In general.--Of the visa numbers made available under section 203(a) in any fiscal year, the remaining 25 percent shall be available, in the case of a foreign state or dependent area that is subject to subsection (e) only to the extent that the total number of visas issued in accordance with subsection (A) to natives of the foreign state or dependent area is less than the subsection (e) ceiling (as defined in clause (ii)). ``(ii) Subsection (e) ceiling defined.--In clause (i), the term `subsection (e) ceiling' means, for a foreign state or dependent area, 77 percent of the maximum number of visas that may be made available under section 203(a) to immigrants who are natives of the state or area consistent with subsection (e).''; and (B) by striking subparagraphs (C) and (D); and (2) in subsection (e)-- (A) in paragraph (1), by adding ``and'' at the end; (B) by striking paragraph (2) and redesignating paragraph (3) as paragraph (2); and (C) in the final sentence, by striking ``respectively,'' and all that follows through the period at the end and inserting ``respectively.''. (b) Rules for Determining Whether Certain Aliens Are Children.-- Section 203(h) of the Immigration and Nationality Act (8 U.S.C. 1153(h)) is amended by striking ``(a)(2)(A)'' each place such term appears and inserting ``(a)''. (c) Procedure for Granting Immigrant Status.--Section 204 of the Immigration and Nationality Act (8 U.S.C. 1154) is amended-- (1) in subsection (a)(1)-- (A) in subparagraph (A)(i), by striking ``to classification by reason of a relationship described in paragraph (1), (3), or (4) of section 203(a) or''; (B) in subparagraph (B), by striking ``203(a)(2)(A)'' and ``203(a)(2)'' each place such terms appear and inserting ``203(a)''; and (C) in subparagraph (D)(i)(I), by striking ``a petitioner for preference status under paragraph (1), (2), or (3)'' and all that follows through the period at the end and inserting ``an individual under 21 years of age for purposes of adjudicating such petition and for purposes of admission as an immediate relative under section 201(b)(2)(A)(i) or a family-sponsored immigrant under section 203(a), as appropriate, notwithstanding the actual age of the individual.''; (2) in subsection (f)(1), by striking ``201(b), 203(a)(1), or 203(a)(3), as appropriate.'' and inserting ``201(b).''; and (3) by striking subsection (k). (d) Waivers of Inadmissibility.--Section 212(d)(11) of the Immigration and Nationality Act (8 U.S.C. 1182(d)(11)) is amended by striking ``(other than paragraph (4) thereof)''. (e) Conditional Permanent Resident Status for Certain Alien Spouses and Sons and Daughters.--Section 216(h)(1)(C) of the Immigration and Nationality Act (8 U.S.C. 1186a(h)(1)(C)) is amended by striking ``203(a)(2)'' and inserting ``203(a)''. (f) Classes of Deportable Aliens.--Section 237(a)(1)(E)(ii) of the Immigration and Nationality Act (8 U.S.C. 1227(a)(1)(E)(ii)) is amended by striking ``203(a)(2)'' and inserting ``203(a)''. SEC. 6. NONIMMIGRANT STATUS FOR ALIEN PARENT OF ADULT UNITED STATES CITIZENS. (a) In General.--Section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)) is amended-- (1) in subparagraph (U), by striking ``or'' at the end; (2) in subparagraph (V), by striking the period at the end and inserting ``or''; and (3) by adding at the end the following: ``(W) Subject to section 214(s), an alien who is a parent of a citizen of the United States, if the citizen is at least 21 years of age.''. (b) Conditions on Admission.--Section 214 of the Immigration and Nationality Act (8 U.S.C. 1184) is amended by adding at the end the following: ``(s)(1) The initial period of authorized admission for a nonimmigrant described in section 101(a)(15)(W) shall be 5 years. Such period may be extended by the Secretary of Homeland Security so long as the United States citizen son or daughter of the nonimmigrant is residing in the United States. ``(2) A nonimmigrant described in section 101(a)(15)(W) is not authorized to be employed in the United States and is not eligible, notwithstanding any other provision of law, for any Federal, State, or local public benefit. In the case of such a nonimmigrant, the United States citizen son or daughter shall be responsible for the support of the nonimmigrant, regardless of the resources of the nonimmigrant. ``(3) An alien is ineligible to receive a visa and ineligible to be admitted into the United States as a nonimmigrant described in section 101(a)(15)(W) unless the alien provides satisfactory proof that the United States citizen son or daughter has arranged for the provision to the alien, at no cost to the alien, of health insurance coverage applicable during the period of the alien's presence in the United States.''. SEC. 7. EFFECTIVE DATE; APPLICABILITY. The amendments made by this Act shall take effect on the first day of the second fiscal year that begins after the date of the enactment of this Act, except that the following shall be considered invalid: (1) Any petition under section 204 of the Immigration and Nationality Act (8 U.S.C. 1154) seeking classification of an alien under a family-sponsored immigrant category eliminated by the amendments made by this Act that is filed after the date of the introduction of this Act. (2) Any application for an immigrant visa based on a petition described in paragraph (1).

Nuclear Family Priority Act Amends the Immigration and Nationality Act to eliminate parents from the definition of "immediate relatives" with respect to those aliens not subject to worldwide immigration levels or numerical limitations. Replaces existing family-sponsored immigrant categories with a single preference allocation for spouses and children of permanent resident aliens. Reduces the number of, and revises the calculation for, fiscal year family-sponsored immigrant entrants. Establishes a nonimmigrant visa category for an alien who is a parent of a U.S. citizen at least 21 years old.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Security and Federal Lands Protection Act''. SEC. 2. PROHIBITION ON IMPEDING CERTAIN ACTIVITIES OF U.S. CUSTOMS AND BORDER PROTECTION RELATED TO BORDER SECURITY. (a) Prohibition on Secretaries of the Interior and Agriculture.-- The Secretary of the Interior or the Secretary of Agriculture shall not impede, prohibit, or restrict activities of U.S. Customs and Border Protection on land under the jurisdiction of the Secretary of the Interior or the Secretary of Agriculture to achieve operational control (as defined in section 2(b) of the Secure Fence Act of 2006 (8 U.S.C. 1701 note; Public Law 109-367)) over the international land borders of the United States. (b) Authorized Activities of U.S. Customs and Border Protection.-- (1) Authorization.--U.S. Customs and Border Protection shall have immediate access to land under the jurisdiction of the Secretary of the Interior or the Secretary of Agriculture for purposes of conducting the following activities on such land that assist in securing the international land borders of the United States: (A) Construction and maintenance of roads. (B) Construction and maintenance of fences. (C) Use vehicles to patrol. (D) Installation, maintenance, and operation of surveillance equipment and sensors. (E) Use of aircraft. (F) Deployment of temporary tactical infrastructure, including forward operating bases. (c) Clarification Relating to Waiver Authority.-- (1) In general.--Notwithstanding any other provision of law (including any termination date relating to the waiver referred to in this subsection), the waiver by the Secretary of Homeland Security on April 1, 2008, under section 102(c)(1) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1103 note; Public Law 104-208) of the laws described in paragraph (2) with respect to certain sections of the international border between the United States and Mexico and between the United States and Canada shall be considered to apply to all land under the jurisdiction of the Secretary of the Interior or the Secretary of Agriculture within 100 miles of the international land borders of the United States for the activities of U.S. Customs and Border Protection described in subsection (b). (2) Description of laws waived.--The laws referred to in paragraph (1) are the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), the National Historic Preservation Act (16 U.S.C. 470 et seq.), the Migratory Bird Treaty Act (16 U.S.C. 703 et seq.), the Clean Air Act (42 U.S.C. 7401 et seq.), the Archaeological Resources Protection Act of 1979 (16 U.S.C. 470aa et seq.), the Safe Drinking Water Act (42 U.S.C. 300f et seq.), the Noise Control Act of 1972 (42 U.S.C. 4901 et seq.), the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.), the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.), Public Law 86-523 (16 U.S.C. 469 et seq.), the Act of June 8, 1906 (commonly known as the ``Antiquities Act of 1906'') (16 U.S.C. 431 et seq.), the Act of August 21, 1935 (16 U.S.C. 461 et seq.), the Wild and Scenic Rivers Act (16 U.S.C. 1271 et seq.), the Farmland Protection Policy Act (7 U.S.C. 4201 et seq.), the Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.), the Wilderness Act (16 U.S.C. 1131 et seq.), the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.), the National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd et seq.), the Fish and Wildlife Act of 1956 (16 U.S.C. 742a et seq.), the Fish and Wildlife Coordination Act (16 U.S.C. 661 et seq.), subchapter II of chapter 5, and chapter 7, of title 5, United States Code (commonly known as the ``Administrative Procedure Act''), the Otay Mountain Wilderness Act of 1999 (Public Law 106-145, 113 Stat. 1711), sections 102(29) and 103 of California Desert Protection Act of 1994 (16 U.S.C. 410aaa et seq.), the National Park Service Organic Act (16 U.S.C. 1 et seq.), Public Law 91- 383 (16 U.S.C. 1a-1 et seq.), sections 401(7), 403, and 404 of the National Parks and Recreation Act of 1978 (Public Law 95- 625, 92 Stat. 3467), the Arizona Desert Wilderness Act of 1990 (16 U.S.C. 1132 note; Public Law 101-628), section 10 of the Act of March 3, 1899 (33 U.S.C. 403), the Act of June 8, 1940 (16 U.S.C. 668 et seq.), (25 U.S.C. 3001 et seq.), Public Law 95-341 (42 U.S.C. 1996), Public Law 103-141 (42 U.S.C. 2000bb et seq.), the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1600 et seq.), the Multiple-Use Sustained-Yield Act of 1960 (16 U.S.C. 528 et seq.), the Mineral Leasing Act (30 U.S.C. 181, et seq.), the Materials Act of 1947 (30 U.S.C. 601 et seq.), and the General Mining Act of 1872 (30 U.S.C. 22 note). (d) Protection of Legal Uses.--This section shall not be construed to provide-- (1) authority to restrict legal uses, such as grazing, hunting, or mining, on land under the jurisdiction of the Secretary of the Interior or the Secretary of Agriculture; or (2) any additional authority to restrict legal access to such land. SEC. 3. SUNSET. This Act shall have no force or effect after the end of the 5-year period beginning on the date of enactment of this Act.

National Security and Federal Lands Protection Act - Prohibits the Secretary of the Interior or the Secretary of Agriculture (USDA) from prohibiting or restricting activities on land under their respective jurisdictions by U.S. Customs and Border Protection to achieve operational control over the international land borders of the United States. Grants U.S. Customs and Border Protection access to such lands to conduct the following activities: (1) construction and maintenance of roads and fences; (2) use of patrol vehicles and aircraft; (3) installation, maintenance, and operation of surveillance equipment and sensors; and (4) deployment of temporary tactical infrastructure, including forward operating bases. States that a waiver by the Secretary of Homeland Security (DHS) of specified laws regarding sections of the international border between the United States and Mexico and between the United States and Canada shall apply to all land under the jurisdiction of the Secretary of the Interior or the Secretary of Agriculture within 100 miles of the international land borders of the United States with respect to U.S. Customs and Border Protection activities under this Act. States that this Act shall not be construed to restrict legal use (grazing, hunting, or mining) on, or legal access to, land under the jurisdiction of the Secretary of the Interior or the Secretary of Agriculture. Terminates this Act five years after enactment.

SECTION 1. EXTENSION AND MODIFICATION OF RESEARCH CREDIT. (a) Extension.--Subsection (h) of section 41 of the Internal Revenue Code of 1986 (relating to credit for research activities) is amended-- (1) by striking ``June 30, 1995'' each place it appears and inserting ``December 31, 1997'', and (2) by striking ``July 1, 1995'' each place it appears and inserting ``January 1, 1998''. (b) Base Amount for Start-up Companies.--Clause (i) of section 41(c)(3)(B) of such Code (relating to start-up companies) is amended to read as follows: ``(i) Taxpayers to which subparagraph applies.--The fixed-base percentage shall be determined under this subparagraph if-- ``(I) the first taxable year in which a taxpayer had both gross receipts and qualified research expenses begins after December 31, 1983, or ``(II) there are fewer than 3 taxable years beginning after December 31, 1983, and before January 1, 1989, in which the taxpayer had both gross receipts and qualified research expenses.''. (c) Election of Alternative Incremental Credit.--Subsection (c) of section 41 of such Code is amended by redesignating paragraphs (4) and (5) as paragraphs (5) and (6), respectively, and by inserting after paragraph (3) the following new paragraph: ``(4) Election of alternative incremental credit.-- ``(A) In general.--At the election of the taxpayer, the credit determined under subsection (a)(1) shall be equal to the sum of-- ``(i) 1.65 percent of so much of the qualified research expenses for the taxable year as exceeds 1 percent of the average described in subsection (c)(1)(B) but does not exceed 1.5 percent of such average, ``(ii) 2.2 percent of so much of such expenses as exceeds 1.5 percent of such average but does not exceed 2 percent of such average, and ``(iii) 2.75 percent of so much of such expenses as exceeds 2 percent of such average. ``(B) Election.--An election under this paragraph may be made only for the first taxable year of the taxpayer beginning after June 30, 1995. Such an election shall apply to the taxable year for which made and all succeeding taxable years unless revoked with the consent of the Secretary.'' (d) Increased Credit for Contract Research Expenses With Respect to Certain Research Consortia.--Paragraph (3) of section 41(b) of such Code is amended by adding at the end the following new subparagraph: ``(C) Amounts paid to certain research consortia.-- ``(i) In general.--Subparagraph (A) shall be applied by substituting `80 percent' for `65 percent' with respect to amounts paid or incurred by the taxpayer to a qualified research consortium for qualified research. ``(ii) Qualified research consortium.--The term `qualified research consortium' means any organization described in subsection (e)(6)(B) if-- ``(I) at least 15 unrelated taxpayers paid (during the calendar year in which the taxable year of the taxpayer begins) amounts to such organization for qualified research, ``(II) no 3 persons paid during such calendar year more than 50 percent of the total amounts paid during such calendar year for qualified research, and ``(III) no person contributed more than 20 percent of such total amounts. For purposes of subclause (I), all persons treated as a single employer under subsection (a) or (b) of section 52 shall be treated as related taxpayers.'' (e) Conforming Amendment.--Subparagraph (D) of section 28(b)(1) of such Code is amended by striking ``June 30, 1995'' and inserting ``December 31, 1997''. (f) Effective Date.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall apply to taxable years ending after June 30, 1995. (2) Subsections (c) and (d).--The amendments made by subsections (c) and (d) shall apply to taxable years beginning after June 30, 1995.

Amends the Internal Revenue Code to extend through December 31, 1997, the credit for increasing research activities. Modifies the fixed-base percentage for start-up companies. Allows an individual to elect an alternative incremental credit. Makes the election of such credit applicable to the taxable year in which the election is made and for all succeeding taxable years, unless it is revoked with the consent of the Secretary of the Treasury. Increases from 65 percent to 80 percent the amount for contract research expenses with respect to amounts paid or incurred by the taxpayer to qualified research consortia for qualified research.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Market Transparency Reporting of United States Transactions Act of 2007''. SEC. 2. OVER-THE-COUNTER TRANSACTIONS IN NATURAL GAS. (a) Definitions.--Section 1a of the Commodity Exchange Act (7 U.S.C. 1a) is amended by adding at the end the following: ``(34) Included natural gas transaction.--The term `included natural gas transaction' means a contract, agreement, or transaction in natural gas that is entered into-- ``(A) in reliance on the provisions of subsection (g) or (h) of section 2; or ``(B) by use of a domestic technology or software providing direct access to a foreign board of trade.''. (b) Reporting of Excluded Transactions in Natural Gas.--Section 2(g) of such Act (7 U.S.C. 2(g)) is amended-- (1) by striking ``or'' after ``5d,''; (2) by inserting ``, or paragraphs (4) and (5) of this subsection (with respect to any contract, agreement, or transaction in natural gas))'' after ``12(e)(2)''; and (3) by adding at the end the following: ``(4) It shall be a violation of this subsection for any person to enter into any contract, agreement, or transaction in natural gas relying on the exemption provided in this subsection if the person, directly or indirectly, has, obtains, owns, controls, or maintains a position in a contract, agreement, or transaction in natural gas equal to or in excess of such amount as the Commission from time to time shall fix, unless the person files or causes to be filed with the properly designated officer of the Commission such reports as the Commission may require by rule, regulation, or order with respect to any position in any contract, agreement, or transaction in natural gas described in this section. ``(5) Any person entering into any contract, agreement, or transaction relying on the exemption provided in this subsection shall maintain books and records relating to each such transaction, showing complete details of the transactions, positions, inventories, and commitments, including the names and addresses of all persons having any interest therein, for a period of 5 years, in such form as the Commission shall require by rule, regulation, or order. The books and records shall be open for inspection by any representative of the Commission or of the Department of Justice.''. (c) Reporting of Exempt Transactions in Natural Gas.--Section 2(h) of such Act (7 U.S.C. 2(h)) is amended-- (1) in paragraph (2)-- (A) by inserting ``and the persons that enter into such a contract, agreement, or transaction'' after ``subsection''; (B) by striking ``and'' at the end of subparagraph (B); (C) by striking the period at the end of subparagraph (C) and inserting ``; and''; and (D) by adding at the end the following: ``(D) paragraphs (7) and (8) of this section.''; (2) in paragraph (4)-- (A) by inserting ``and the persons that enter into such a contract, agreement, or transaction'' after ``subsection''; (B) by striking ``and'' at the end of subparagraph (C); (C) by redesignating subparagraph (D) as subparagraph (E) and inserting after subparagraph (C) the following: ``(D) paragraphs (7) and (8) of this section; and''; and (3) by adding at the end the following: ``(7) It shall be a violation of this subsection for any person to enter into any contract, agreement, or transaction in natural gas relying on the exemption provided in this subsection if the person, directly or indirectly, has, obtains, owns, controls, or maintains a position in a contract, agreement, or transaction in natural gas equal to or in excess of such amount as the Commission from time to time shall fix, unless the person files or causes to be filed, or with respect to a contract, agreement, or transaction entered into on an electronic trading facility, the electronic trading facility files or causes to be filed on such person's behalf, with the properly designated officer of the Commission, such reports as the Commission may require by rule, regulation, or order with respect to any position in such contracts, agreements, or transactions in natural gas described in this section. ``(8) Any person entering into any contract, agreement, or transaction in natural gas relying on the exemption provided in this subsection shall maintain books and records relating to each such transaction and showing complete details of such transactions, positions, inventories, and commitments, including the names and addresses of all persons having any interest therein, for a period of 5 years, in such form as the Commission shall require by rule, regulation, or order. The records shall be open for inspection by any representative of the Commission or of the Department of Justice.''. SEC. 3. AUTHORITY TO REQUIRE FILING OF REPORTS. The Commodity Exchange Act (7 U.S.C. 1-25) is amended by inserting after section 4p the following: ``SEC. 4Q. FILING OF REPORTS OF TRANSACTIONS IN NATURAL GAS. ``(a) In General.--The Commission shall establish a reporting system with respect to large positions in included natural gas transactions, as defined in section 1a(34), that a person may, directly or indirectly, have, obtain, own, control, or maintain. ``(b) Required Information.--Such required reports with respect to included natural gas transactions, as defined in section 1(a)(34), shall be in sufficient detail and with sufficient frequency to enable the Commission to assess the overall trading activities, potential market power, and concentration of positions directly or indirectly held, obtained, owned, controlled, or maintained by the largest traders and to assess these factors in relation to the amount of potential deliverable supplies in natural gas directly or indirectly held, obtained, owned, controlled or maintained by the traders and shall enable the Commission to aggregate the positions with respect to the person's separately owned or controlled accounts. ``(c) Confidentiality of Information.--The reports with respect to included natural gas transactions described in subsection (b) shall be subject to section 8. ``(d) Market Transparency.--The Commission shall publish on a regular basis a report or reports with respect to the information reported to it with respect to included natural gas transactions. The report or reports shall include on a summary basis information with respect to aggregate reportable positions held by commercial persons and noncommercial persons and may not reveal the specific identity or size of positions of individual persons. ``(e) Required Rules.--The Commission shall issue rules, regulations, or an order to implement this section within 270 days after the date of the enactment of this section.''. SEC. 4. CRIMINAL AND CIVIL PENALTIES. (a) Civil Money Penalties.--Section 6(c) of the Commodity Exchange Act (7 U.S.C. 9, 15) is amended in clause (3) of the 10th sentence, by striking ``$100,000'' and inserting ``$500,000''. (b) Increase in Penalties.--Section 6c(d)(1) of such Act (7 U.S.C. 13a-1(d)(1)) is amended by striking ``$100,000'' and inserting ``$500,000''. (c) Criminal Penalties.--Section 9(a) of such Act (7 U.S.C. 13) is amended in the matter preceding paragraph (1) by inserting after ``(or'' the following: ``for any violation other than manipulation or attempted manipulation of the price of any commodity in interstate commerce, or for future delivery on or subject to the rules of any registered entity, or the cornering or attempt to corner any such commodity or knowingly to deliver or cause to be delivered for transmission through the mails or interstate commerce by telegraph, telephone, wireless, or other means of communication false, misleading, or knowingly inaccurate reports concerning crop or market information or conditions that affect or tend to affect the price of any commodity in interstate commerce''.

Market Transparency Reporting of United States Transactions Act of 2007 - Amends the Commodity Exchange Act to define "included natural gas transaction" as a contract, agreement, or transaction in natural gas that is entered into: (1) in reliance on the provisions regarding either excluded swap transactions or the legal certainty for certain transaction in exempt commodities; or (2) by use of a domestic technology or software providing direct access to a foreign board of trade. (Thus places natural gas transactions within the jurisdiction of the Commodity Futures Trading Commission (CFTC).) Prescribes recordkeeping and disclosure requirements governing natural gas in swap transactions, positions, inventories and commitments otherwise excluded from CFTC jurisdiction ("over-the-counter transactions"). Requires the CFTC to: (1) establish a reporting system regarding large positions in included natural gas transactions; (2) publish on a regular basis the information reported to it regarding such transactions; and (3) promulgate rules or regulations to implement this Act. Requires the CFTC reporting system to include aggregate reportable positions held by commercial and noncommercial persons. Increases civil money penalties for violations of this Act. Revises criminal penalties.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Small Business Regulatory Assistance Act of 2000''. SEC. 2. PURPOSE. The purpose of this Act is to establish a pilot program to-- (1) provide confidential assistance to small business concerns; (2) provide small business concerns with the information necessary to improve their rate of compliance with Federal regulations; (3) create a partnership among Federal agencies to increase outreach efforts to small business concerns with respect to regulatory compliance; (4) provide a mechanism for unbiased feedback to Federal agencies on the regulatory environment for small business concerns; and (5) utilize the service delivery network of Small Business Development Centers to improve access of small business concerns to programs to assist them with regulatory compliance. SEC. 3. DEFINITIONS. In this Act, the definitions set forth in section 34(a) of the Small Business Act (as added by section 4 of this Act) shall apply. SEC. 4. SMALL BUSINESS REGULATORY ASSISTANCE PILOT PROGRAM. The Small Business Act (15 U.S.C. 637 et seq.) is amended-- (1) by redesignating section 34 as section 35; and (2) by inserting after section 33 the following new section: ``SEC. 34. SMALL BUSINESS REGULATORY ASSISTANCE PILOT PROGRAM. ``(a) Definitions.--In this section, the following definitions apply: ``(1) Administrator.--The term `Administrator' means the Administrator of the Small Business Administration. ``(2) Association.--The term `Association' means the association, established pursuant to section 21(a)(3)(A), representing a majority of Small Business Development Centers. ``(3) Participating small business development center.--The term `participating Small Business Development Center' means a Small Business Development Center participating in the pilot program. ``(4) Pilot program.--The term `pilot program' means the pilot program established under this section. ``(5) Regulatory compliance assistance.--The term `regulatory compliance assistance' means assistance provided by a Small Business Development Center to a small business concern to enable the concern to comply with Federal regulatory requirements. ``(6) Small business development center.--The term `Small Business Development Center' means a Small Business Development Center described in section 21. ``(7) State.--The term `State' means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, and Guam. ``(b) Authority.--In accordance with this section, the Administrator shall establish a pilot program to provide regulatory compliance assistance to small business concerns through participating Small Business Development Centers, the Association, and Federal compliance partnership programs. ``(c) Small Business Development Centers.-- ``(1) In general.--In carrying out the pilot program, the Administrator shall enter into arrangements with participating Small Business Development Centers under which such centers will provide-- ``(A) access to information and resources, including current Federal and State nonpunitive compliance and technical assistance programs similar to those established under section 507 of the Clean Air Act Amendments of 1990; ``(B) training and educational activities; ``(C) confidential, free-of-charge, one-on-one, in- depth counseling to the owners and operators of small business concerns regarding compliance with Federal regulations, provided that such counseling is not considered to be the practice of law in a State in which a Small Business Development Center is located or in which such counseling is conducted; ``(D) technical assistance; and ``(E) referrals to experts and other providers of compliance assistance. ``(2) Reports.-- ``(A) In general.--Each participating Small Business Development Center shall transmit to the Administrator a quarterly report that includes-- ``(i) a summary of the regulatory compliance assistance provided by the center under the pilot program; and ``(ii) any data and information obtained by the center from a Federal agency regarding regulatory compliance that the agency intends to be disseminated to small business concerns. ``(B) Electronic form.--Each report referred to in subparagraph (A) shall be transmitted in electronic form. ``(C) Interim reports.--During any time period falling between the transmittal of quarterly reports, a participating Small Business Development Center may transmit to the Administrator any interim report containing data or information considered by the center to be necessary or useful. ``(D) Limitation on disclosure requirements.--The Administrator may not require a Small Business Development Center to disclose the name or address of any small business concern that received or is receiving assistance under the pilot program, except that the Administrator shall require such a disclosure if ordered to do so by a court in any civil or criminal enforcement action commenced by a Federal or State agency. ``(d) Data repository and clearinghouse.-- ``(1) In general.--In carrying out the pilot program, the Administrator, acting through the office of the Associate Administrator for Small Business Development Centers, shall-- ``(A) act as the repository of and clearinghouse for data and information submitted by Small Business Development Centers; and ``(B) transmit to the President and to the Committees on Small Business of the Senate and House of Representatives an annual report that includes-- ``(i) a description of the types of assistance provided by participating Small Business Development Centers under the pilot program; ``(ii) data regarding the number of small business concerns that contacted participating Small Business Development Centers regarding assistance under the pilot program; ``(iii) data regarding the number of small business concerns assisted by participating Small Business Development Centers under the pilot program; ``(iv) data and information regarding outreach activities conducted by participating Small Business Development Centers under the pilot program, including any activities conducted in partnership with Federal agencies; ``(v) data and information regarding each case known to the Administrator in which one or more Small Business Development Centers offered conflicting advice or information regarding compliance with a Federal regulation to one or more small business concerns; and ``(vi) any recommendations for improvements in the regulation of small business concerns. ``(e) Eligibility.-- ``(1) In general.--A Small Business Development Center shall be eligible to receive assistance under the pilot program only if the center is certified under section 21(k)(2). ``(2) Waiver.--With respect to a Small Business Development Center seeking assistance under the pilot program, the Administrator may waive the certification requirement set forth in paragraph (1) if the Administrator determines that the center is making a good faith effort to obtain such certification. ``(3) Effective date.--This subsection shall take effect on October 1, 2000. ``(f) Selection of Participating Centers.-- ``(1) In general.--In consultation with the Association and giving substantial weight to the Association's recommendations, the Administrator shall select two Small Business Development Centers from each of the following groups of States to participate in the pilot program, except that the Administrator may not select two Small Business Development Centers from the same State: ``(A) Group 1: Maine, Massachusetts, New Hampshire, Connecticut, Vermont, and Rhode Island. ``(B) Group 2: New York, New Jersey, Puerto Rico, and the Virgin Islands. ``(C) Group 3: Pennsylvania, Maryland, West Virginia, Virginia, the District of Columbia, and Delaware. ``(D) Group 4: Georgia, Alabama, North Carolina, South Carolina, Mississippi, Florida, Kentucky, and Tennessee. ``(E) Group 5: Illinois, Ohio, Michigan, Indiana, Wisconsin, and Minnesota. ``(F) Group 6: Texas, New Mexico, Arkansas, Oklahoma, and Louisiana. ``(G) Group 7: Missouri, Iowa, Nebraska, and Kansas. ``(H) Group 8: Colorado, Wyoming, North Dakota, South Dakota, Montana, and Utah. ``(I) Group 9: California, Guam, Hawaii, Nevada, and Arizona. ``(J) Group 10: Washington, Alaska, Idaho, and Oregon. ``(2) Deadline for selection.--The Administrator shall make selections under this subsection not later than 60 days after promulgation of regulations under section 4. ``(g) Matching Not Required.--Subparagraphs (A) and (B) of section 21(a)(4) shall not apply to assistance made available under the pilot program. ``(h) Evaluation and Report.--Not later than 3 years after the establishment of the pilot program, the Comptroller General of the United States shall conduct an evaluation of the pilot program and shall transmit to the Administrator and to the Committees on Small Business of the Senate and House of Representatives a report containing the results of the evaluation along with any recommendations as to whether the pilot program, without or without modification, should be extended to include the participation of all Small Business Development Centers. ``(i) Limitation on Use of Funds.--The Administrator may carry out the pilot program only with amounts appropriated in advance specifically to carry out this section.''. SEC. 5. PROMULGATION OF REGULATIONS. After providing notice and an opportunity for comment and after consulting with the Association (but not later than 180 days after the date of the enactment of this Act), the Administrator shall promulgate final regulations to carry out this Act, including regulations that establish-- (1) priorities for the types of assistance to be provided under the pilot program; (2) standards relating to educational, technical, and support services to be provided by participating Small Business Development Centers; (3) standards relating to any national service delivery and support function to be provided by the Association under the pilot program; and (4) standards relating to any work plan that the Administrator may require a participating Small Business Development Center to develop. Passed the House of Representatives September 26, 2000. Attest: JEFF TRANDAHL, Clerk.

Directs the Administrator to contract with the Association to: (1) act as the repository of and clearinghouse for data and information submitted by Centers; and (2) transmit annual assistance reports to the President, the Small Business and Agriculture Regulatory Enforcement Ombudsman, and the congressional small business committees. Requires the Administrator, giving substantial weight to the Association's recommendations, to select two Centers from each of ten groups of States for participation in the pilot program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Emergency Response Employees Disease Protection Act of 2000''. SEC. 2. FINDINGS. The Congress finds as follows: (1) Hepatitis C is a blood-borne pathogen that is a major cause of chronic liver disease. According to the American Liver Foundation, approximately 1.8 percent of the general population is infected with the disease. (2) There is no known cure for hepatitis C. (3) Emergency response employees and volunteers of units of local government (such as firefighters, paramedics, and emergency medical technicians) are at high risk of contracting the disease due to the unique nature of their jobs. (4) The only emergency response organization that has a comprehensive program to test all of its members for hepatitis C is Local 22 of the International Association of Fire Fighters, representing the firefighters of the City of Philadelphia. (5) According to these tests, 130 of 2,100 firefighters tested positive for the disease, which is approximately 6 percent of those tested. (6) The City of Philadelphia recently made a decision to commit $3,000,000 each year to provide treatment for 200 employees infected with the disease. Philadelphia is the only major city to devote such resources to the epidemic of hepatitis C among emergency response employees. (7) The Federal government should provide for a study to determine the prevalence of hepatitis C among firefighters, paramedics, and emergency medical technicians who are employees or volunteers of units of local government, and should provide for demonstration projects to provide training, testing, and treatment regarding cases of the disease among such employees and volunteers. SEC. 3. STUDY AND DEMONSTRATION PROJECTS REGARDING CASES OF HEPATITIS C AMONG CERTAIN EMERGENCY RESPONSE EMPLOYEES. (a) Study Regarding Prevalence Among Certain Emergency Response Employees.-- (1) In general.--The Secretary of Health and Human Services (referred to in this section as the ``Secretary''), in consultation with the Secretary of Labor, shall conduct a study to determine-- (A) an estimate of the prevalence of hepatitis C among designated emergency response employees in the United States; and (B) the likely means through which such employees become infected with such disease in the course of performing their duties as such employees. (2) Designated emergency response employees.--For purposes of this section, the term ``designated emergency response employees'' means firefighters, paramedics, and emergency medical technicians who are employees or volunteers of units of local government. (3) Date certain for completion; report to congress.--The Secretary shall commence the study under paragraph (1) not later than 90 days after the date of the enactment of this Act. Not later that one year after such date, the Secretary shall complete the study and submit to the Congress a report describing the findings of the study. (b) Demonstrations Projects Regarding Training and Treatment.-- (1) In general.--The Secretary, in consultation with the Secretary of Labor, shall make grants to qualifying local governments for the purpose of carrying out demonstration projects that (directly or through arrangements with nonprofit private entities) carry out each of the following activities: (A) Training designated emergency response employees in minimizing the risk of infection with hepatitis C in performing their duties as such employees. (B) Testing such employees for infection with the disease. (C) Treating the employees for the disease. (2) Qualifying local governments.--For purposes of this section, the term ``qualifying local government'' means a unit of local government whose population of designated emergency response employees has a prevalence of hepatitis C that is not less than 200 percent of the national average for the prevalence of such disease in such populations. (3) Confidentiality.--A grant may be made under paragraph (1) only if the qualifying local government involved agrees to ensure that information regarding the testing or treatment of designated emergency response employees pursuant to the grant is maintained confidentially in a manner not inconsistent with applicable law. (4) Evaluations.--The Secretary shall provide for an evaluation of each demonstration project under paragraph (1) in order to determine the extent to which the project has been effective in carrying out the activities described in such paragraph. (5) Report to congress.--Not later than 180 days after the date on which all grants under paragraph (1) have been expended, the Secretary shall submit to the Congress a report providing-- (A) a summary of evaluations under paragraph (4); and (B) the recommendations of the Secretary for administrative or legislative initiatives regarding the activities described in paragraph (1). (c) Authorization of Appropriations.--For the purpose of carrying out this section, there is authorized to be appropriated $10,000,000 for fiscal year 2001.

Directs the Secretary to make grants to qualifying local governments for purposes of carrying out demonstration projects that: (1) train such employees in minimizing the risk of infection of hepatitis C in performing their duties; and (2) test such employees for infection with, and treat them for, the disease. Defines "qualifying local government" as a local government whose population of designated emergency response employees has a prevalence of hepatitis C that is not less than 200 percent of the national average for the prevalence of such disease in such populations. Conditions such grants on the local government maintaining confidentiality of information regarding testing or treatment. Requires the Secretary to report to Congress on evaluations of such projects and provide recommendations for administrative or legislative initiatives regarding project activities. Authorizes appropriations.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Children's Day Care Health and Safety Improvement Act''. SEC. 2. FINDINGS. Congress finds that-- (1) of the 21,000,000 children under age 6 in the United States, almost 13,000,000 spend some part of their day in child care; (2) a review of State child care regulations in 47 States found that more than half of the States had inadequate standards or no standards for \2/3\ of the safety topics reviewed; (3) a research study conducted by the Consumer Product Safety Commission in 1998 found that \2/3\ of the 200 licensed child care settings investigated in the study exhibited at least 1 of 8 safety hazards investigated, including insufficient child safety gates, cribs with soft bedding, and unsafe playground surfacing; (4) compliance with recently published voluntary national safety standards developed by public health and pediatric experts was found to vary considerably by State, and the States ranged from a 20 percent to a 99 percent compliance rate; (5) in 1997, approximately 31,000 children ages 4 and younger were treated in hospital emergency rooms for injuries in child care or school settings; (6) the Consumer Product Safety Commission reports that at least 56 children have died in child care settings since 1990; (7) the American Academy of Pediatrics identifies safe facilities, equipment, and transportation as elements of quality child care; and (8) a research study of 133 child care centers revealed that 85 percent of the child care center directors believe that health consultation is important or very important for child care centers. SEC. 3. DEFINITIONS. In this Act: (1) Child with a disability; infant or toddler with a disability.--The terms ``child with a disability'' and ``infant or toddler with a disability'' have the meanings given the terms in section 602 of the Individuals with Disabilities Education Act (20 U.S.C. 1401). (2) Eligible child care provider.--The term ``eligible child care provider'' means a provider of child care services for compensation, including a provider of care for a school-age child during non-school hours, that-- (A) is licensed, regulated, registered, or otherwise legally operating, under State and local law; and (B) satisfies the State and local requirements, applicable to the child care services the provider provides. (3) Family child care provider.--The term ``family child care provider'' means 1 individual who provides child care services for fewer than 24 hours per day, as the sole caregiver, and in a private residence. (4) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. (5) State.--The term ``State'' means any of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. SEC. 4. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act $200,000,000 for fiscal year 2001 and such sums as may be necessary for each subsequent fiscal year. SEC. 5. PROGRAMS. The Secretary shall make allotments to eligible States under section 6. The Secretary shall make the allotments to enable the States to establish programs to improve the health and safety of children receiving child care outside the home, by preventing illnesses and injuries associated with that care and promoting the health and well- being of children receiving that care. SEC. 6. AMOUNTS RESERVED; ALLOTMENTS. (a) Amounts Reserved.--The Secretary shall reserve not more than \1/2\ of 1 percent of the amount appropriated under section 4 for each fiscal year to make allotments to Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands to be allotted in accordance with their respective needs. (b) State Allotments.-- (1) General rule.--From the amounts appropriated under section 4 for each fiscal year and remaining after reservations are made under subsection (a), the Secretary shall allot to each State an amount equal to the sum of-- (A) an amount that bears the same ratio to 50 percent of such remainder as the product of the young child factor of the State and the allotment percentage of the State bears to the sum of the corresponding products for all States; and (B) an amount that bears the same ratio to 50 percent of such remainder as the product of the school lunch factor of the State and the allotment percentage of the State bears to the sum of the corresponding products for all States. (2) Young child factor.--In this subsection, the term ``young child factor'' means the ratio of the number of children under 5 years of age in a State to the number of such children in all States, as provided by the most recent annual estimates of population in the States by the Census Bureau of the Department of Commerce. (3) School lunch factor.--In this subsection, the term ``school lunch factor'' means the ratio of the number of children who are receiving free or reduced price lunches under the school lunch program established under the National School Lunch Act (42 U.S.C. 1751 et seq.) in the State to the number of such children in all States, as determined annually by the Department of Agriculture. (4) Allotment percentage.-- (A) In general.--For purposes of this subsection, the allotment percentage for a State shall be determined by dividing the per capita income of all individuals in the United States, by the per capita income of all individuals in the State. (B) Limitations.--If an allotment percentage determined under subparagraph (A) for a State-- (i) is more than 1.2 percent, the allotment percentage of the State shall be considered to be 1.2 percent; and (ii) is less than 0.8 percent, the allotment percentage of the State shall be considered to be 0.8 percent. (C) Per capita income.--For purposes of subparagraph (A), per capita income shall be-- (i) determined at 2-year intervals; (ii) applied for the 2-year period beginning on October 1 of the first fiscal year beginning after the date such determination is made; and (iii) equal to the average of the annual per capita incomes for the most recent period of 3 consecutive years for which satisfactory data are available from the Department of Commerce on the date such determination is made. (c) Data and Information.--The Secretary shall obtain from each appropriate Federal agency, the most recent data and information necessary to determine the allotments provided for in subsection (b). (d) Definition.--In this section, the term ``State'' includes only the several States of the United States, the District of Columbia, and the Commonwealth of Puerto Rico. SEC. 7. STATE APPLICATIONS. To be eligible to receive an allotment under section 6, a State shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. The application shall contain information assessing the needs of the State with regard to child care health and safety, the goals to be achieved through the program carried out by the State under this Act, and the measures to be used to assess the progress made by the State toward achieving the goals. SEC. 8. USE OF FUNDS. (a) In General.--A State that receives an allotment under section 6 shall use the funds made available through the allotment to carry out 2 or more activities consisting of-- (1) providing training and education to eligible child care providers on preventing injuries and illnesses in children, and promoting health-related practices; (2) strengthening licensing, regulation, or registration standards for eligible child care providers; (3) assisting eligible child care providers in meeting licensing, regulation, or registration standards, including rehabilitating the facilities of the providers, in order to bring the facilities into compliance with the standards; (4) enforcing licensing, regulation, or registration standards for eligible child care providers, including holding increased unannounced inspections of the facilities of those providers; (5) providing health consultants to provide advice to eligible child care providers; (6) assisting eligible child care providers in enhancing the ability of the providers to serve children with disabilities and infants and toddlers with disabilities; (7) conducting criminal background checks for eligible child care providers and other individuals who have contact with children in the facilities of the providers; (8) providing information to parents on what factors to consider in choosing a safe and healthy child care setting; or (9) assisting in improving the safety of transportation practices for children enrolled in child care programs with eligible child care providers. (b) Supplement, Not Supplant.--Funds appropriated pursuant to the authority of this Act shall be used to supplement and not supplant other Federal, State, and local public funds expended to provide services for eligible individuals. SEC. 9. REPORTS. Each State that receives an allotment under section 6 shall annually prepare and submit to the Secretary a report that describes-- (1) the activities carried out with funds made available through the allotment; and (2) the progress made by the State toward achieving the goals described in the application submitted by the State under section 7.

Requires the Secretary of Health and Human Services to make allotments to States and territories to enable them to establish programs to improve the health and safety of children receiving child care outside the home by preventing illnesses and injuries associated with such care and promoting the health and well-being of such children. Sets forth an allotment formula. Requires States to submit applications to the Secretary in order to be eligible for an allotment. Describes activities to be carried out by States through the use of such allotments.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Saffron Revolution Support Act of 2007''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Beginning on August 19, 2007, hundreds of thousands of citizens of Burma, including thousands of Buddhist monks and students, participated in peaceful demonstrations against rapidly deteriorating living conditions and the violent and repressive policies of the State Peace and Development Council (SPDC), the ruling military junta in Burma, to-- (A) demand the release of all political prisoners, including Nobel Peace Prize laureate Aung San Suu Kyi; and (B) urge the SPDC to engage in meaningful dialogue to pursue national reconciliation. (2) The SPDC, in a display of brutal barbarism, violently confronted unarmed demonstrators, killing, injuring, and imprisoning citizens, including several thousand Buddhist monks, and continued to forcefully restrict peaceful forms of public expression. (3) The Department of State's 2006 Reports on Human Rights Practices found that the SPDC-- (A) routinely restricts freedoms of speech, press, assembly, association, religion, and movement; (B) traffics in persons; (C) discriminates against women and ethnic minorities; (D) forcibly recruits child soldiers and child labor; and (E) commits other serious violations of human rights, including extrajudicial killings, custodial deaths, disappearances, rape, torture, abuse of prisoners and detainees, and the imprisonment of citizens arbitrarily for political motives. (4) Aung San Suu Kyi has been arbitrarily imprisoned or held under house arrest for more than 12 years. (5) The President announced on September 25, 2007, that the United States would tighten economic sanctions against Burma, and block property and interests in property of certain senior leaders of the SPDC, individuals who provide financial backing for the SPDC, and individuals responsible for violations of human rights and for impeding the transition to democracy in Burma. (6) The President also announced on September 25, 2007, that the United States would impose an expanded visa ban on individuals-- (A) responsible for violations of human rights; and (B) who aid, abet, or benefit from the SPDC's efforts to impede the efforts of the people of Burma to transition to democracy and ensure respect for human dignity. (7) The Total Oil Corporation of France and the Chevron Corporation of the United States own a significant stake in Burma's Yadana natural gas field and pipeline and generate millions of dollars in revenue that help the repressive junta government maintain its grasp on power. (8) Burma is home to approximately 60 percent of the world's native teak reserves. More than one quarter of the world's internationally traded teak originates from Burma, and hardwood sales, mainly of teak, represent more than 11 percent of Burma's official foreign exchange earnings. (9) Burma officially exports tens of millions of dollars worth of rubies, sapphires, pearls, jade, and other precious stones each year and the SPDC owns a majority stake in all mining operations within the borders of Burma. (10) On October 11, 2007, the United Nations Security Council, with the consent of China, issued a statement condemning the violence in Burma, urging the release of all political prisoners, and calling on the SPDC to enter into a United Nations-mediated dialogue with its political opposition. (11) The leaders of the SPDC will have a greater incentive to cooperate with diplomatic efforts by the United Nations, the Association of Southeast Asian Nations, and China if they come under targeted economic pressure that denies them access to personal wealth and sources of revenue. SEC. 3. DEFINITIONS. In this Act: (1) Account; correspondent account; payable-through account.--The terms ``account'', ``correspondent account'', and ``payable-through account'' have the meanings given the terms in section 5318A(e)(1) of title 31, United States Code. (2) Appropriate congressional committees.--The term ``appropriate congressional committees'' means the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives. (3) Person.--The term ``person'' means-- (A) an individual, corporation, company, business association, partnership, society, trust, any other nongovernmental entity, organization, or group; and (B) any successor, subunit, or subsidiary of any person described in subparagraph (A). (4) SPDC.--The term ``SPDC'' means the State Peace and Development Council. (5) United states person.--The term ``United States person'' means-- (A) an individual who is a citizen of the United States or who owes permanent allegiance to the United States; and (B) a person that is organized under the laws of the United States, any State or territory thereof, or the District of Columbia, if individuals described in subparagraph (A) own, directly or indirectly, more than 50 percent of the outstanding capital stock or other beneficial interest in such entity. SEC. 4. STATEMENT OF POLICY. It is the policy of the United States to-- (1) condemn the continued repression carried out by the SPDC; (2) support the legitimate democratic aspirations of the people of Burma; (3) provide all appropriate support and assistance to aid a transition to democracy in Burma; and (4) hold accountable individuals responsible for the repression of peaceful political activity in Burma. SEC. 5. SANCTIONS. (a) List of Officials of the SPDC.-- (1) In general.--Not later than 30 days after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees a list of-- (A) officials of the SPDC who play or have played a direct and substantial role in the repression of peaceful political activity in Burma or in the commission of other human rights abuses, including any current or former officials of the security services and judicial institutions of the SPDC; and (B) any other Burmese persons who provide substantial economic and political support for the SPDC. (2) Updates.--The President shall regularly update and submit the list required by paragraph (1). (b) Sanctions.-- (1) Visa ban.--A person included on the list required under subsection (a) shall be ineligible for a visa to enter the United States. (2) Financial sanctions.-- (A) Blocked property.--No property or interest in property belonging to a person described in subparagraph (C) may be transferred, paid, exported, withdrawn, or otherwise dealt with, if-- (i) the property is located in the United States or within the possession or control of a United States person, including the overseas branch of a United States person; or (ii) after the date of the enactment of this Act, the property comes within the possession or control of a United States person. (B) Financial transactions.--No United States person may engage in a financial transaction with a person described in subparagraph (C). (C) Person described.--A person described in this subparagraph is one of the following: (i) The SPDC. (ii) A person included on the list required under subsection (a). (iii) An immediate family member of a person included on the list required under subsection (a), if the President determines that the person included on the list-- (I) for purposes of subparagraph (A), effectively controls the property; or (II) for purposes of subparagraph (B), would benefit from a financial transaction. (c) Authority for Additional Banking Sanctions.-- (1) In general.--The Secretary of the Treasury may, in consultation with the Secretary of State, the Attorney General of the United States, and the Chairman of the Board of Governors of the Federal Reserve System, prohibit or impose conditions on the opening or maintaining in the United States of a correspondent account or payable-through account by any financial institution (as that term is defined in section 5312 of title 31, United States Code) or financial agency that is organized under the laws of a State, territory, or possession of the United States, for or on behalf of a foreign banking institution, if the Secretary determines that the account might be used-- (A) by a foreign banking institution that holds property or an interest in property belonging to a person on the list required under subsection (a); or (B) to conduct a transaction on behalf of a person on the list required under subsection (a). (2) Authority to define terms.--The Secretary of the Treasury may, by regulation, further define the terms used in paragraph (1) for purposes of this section, as the Secretary deems appropriate. (d) Termination of Sanctions.--The sanctions imposed under subsection (b) or (c) shall apply until the President determines and certifies to the appropriate congressional committees that the SPDC has-- (1) unconditionally released all political prisoners, including Aung San Suu Kyi and other members of the National League for Democracy; (2) entered into a substantive dialogue with democratic forces led by the National League for Democracy and the ethnic minorities of Burma on transitioning to democratic government under the rule of law; and (3) allowed humanitarian access to populations affected by armed conflict in all regions of Burma. (e) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this section. SEC. 6. PROHIBITION ON IMPORTATION OF BURMESE GEMS, HARDWOODS, AND OTHER ITEMS. Section 3(a)(1) of the Burmese Freedom and Democracy Act of 2003 (50 U.S.C. 1701 note) is amended by striking ``a product of Burma.'' and inserting ``produced, mined, manufactured, grown, or assembled in Burma, including-- ``(A) any gemstone or rough unfinished geological material mined or extracted from Burma, whether imported as a loose item or as a component of a finished piece of jewelry; and ``(B) any teak or other hardwood timber, regardless of the country in which such hardwood timber is milled, sawn, or otherwise processed, whether imported in unprocessed form or as a part or component of finished furniture or another wood item.''. SEC. 7. PROHIBITION ON INVESTMENT BY UNITED STATES PERSONS IN BURMA. (a) In General.--Notwithstanding any other provision of law, no United States person may invest in Burma. (b) Applicability.--The prohibition on investment under subsection (a) includes a prohibition on-- (1) investments in Burma based on investment agreements reached prior to May 20, 1997; (2) approval or other facilitation by a United States person of an investment by a foreign person if the investment would violate the prohibition in subsection (a) if made by a United States person; and (3) payments to the SPDC by a United States person related to divesting assets in Burma to comply with subsection (a). (c) Penalties.--The Secretary of the Treasury may impose a penalty under section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) on a United States person that violates the prohibition under subsection (a). SEC. 8. GRANTS TO ESTABLISH DATABASE OF HUMAN RIGHTS ABUSES. The Secretary of State may award grants to nongovernmental organizations, universities, and other organizations to establish a searchable Internet database that contains evidence of human rights abuses carried out by the SPDC or persons associated with the SPDC. SEC. 9. SUPPORT FOR DEMOCRACY IN BURMA. (a) In General.--The President is authorized to use all available resources to assist Burmese democracy activists who are dedicated to nonviolent opposition to the SPDC in their efforts to promote freedom, democracy, and human rights in Burma. (b) Authorization of Appropriations.--There are authorized to be appropriated $20,000,000 to the Secretary of State for each of the fiscal years 2008 and 2009 for the following purposes: (1) Aid to democracy activists in Burma. (2) Aid to individuals and groups conducting democracy programming outside of Burma targeted at a transition to democracy inside Burma. (3) The expansion of radio and television broadcasting into Burma. (4) Support for individuals and groups compiling evidence of-- (A) the SPDC's efforts to repress peaceful political activity; and (B) the commission of other human rights abuses by the SPDC. SEC. 10. SENSE OF CONGRESS ON USE OF INTELLIGENCE ASSETS. It is the sense of Congress that the Director of National Intelligence should utilize appropriate intelligence resources to identify persons responsible for-- (1) the crackdown sponsored by the SPDC against peaceful protestors that began August 19, 2007; and (2) ongoing gross abuses of human rights against civilians in Burma. SEC. 11. REPORT ON MILITARY AID TO BURMA. (a) In General.--Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall submit to the appropriate congressional committees a report containing a list of countries that provide military aid to Burma and describing the military aid provided by each such country. (b) Military Aid Defined.--For the purposes of this section, the term ``military aid'' includes-- (1) the provision of weapons, military vehicles, and military aircraft; (2) the provision of military training; and (3) conducting joint military exercises. (c) Form.--The report required by subsection (a) shall be submitted in unclassified form but may include a classified annex.

Saffron Revolution Support Act of 2007 - States that it is U.S. policy to: (1) support the democratic aspirations of Burma's people; (2) condemn the repression carried out by the State Peace and Development Council (SPDC); and (3) hold accountable individuals responsible for the repression of peaceful political activity in Burma. Directs the President to submit to the appropriate congressional committees a list of: (1) SPDC officials who play or have played a substantial role in political repression in Burma or in the commission of human rights abuses; and (2) other Burmese SPDC supporters. Subjects persons so identified to U.S. entry prohibition and financial sanctions (blocked property, financial transaction prohibitions, and banking sanctions). Terminates such prohibitions upon a presidential certification to the committees that the SPDC has: (1) released all political prisoners, including Aung San Suu Kyi and other members of the National League for Democracy; (2) entered into a dialogue with democratic forces led by the National League for Democracy and the ethnic minorities of Burma on transitioning to democratic government; and (3) allowed humanitarian access to populations affected by armed conflict in all regions of Burma. Amends the the Burmese Freedom and Democracy Act of 2003 to prohibit the importation into the United States of Burmese gems, teak, or other hardwood timber. Prohibits any U.S. person (as defined by this Act) from investing in Burma. Authorizes: (1) the Secretary of State to award grants to nongovernmental organizations, universities, and other organizations to establish an Internet database of SPDC human rights abuses; and (2) the President to assist nonviolent democracy activists in their efforts to promote freedom, democracy, and human rights in Burma. Directs the Secretary to report to the appropriate committees respecting countries that provide military aid to Burma.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Parkinson's Research Act of 1997''. SEC. 2. FINDING AND PURPOSE. (a) Finding.--Congress finds that to take full advantage of the tremendous potential for finding a cure or effective treatment for Parkinson's disease, the Federal investment in Parkinson's must be expanded, as well as the coordination strengthened among the National Institutes of Health research institutes. (b) Purpose.--It is the purpose of this Act to provide for the expansion and coordination of research regarding Parkinson's, and to improve care and assistance for afflicted individuals and their family caregivers. SEC. 3. PARKINSON'S 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: ``parkinson's disease ``Sec. 409B. (a) In General.--The Director of NIH shall establish a program for the conduct and support of research and training with respect to Parkinson's disease (subject to the extent of amounts appropriated under subsection (e)). ``(b) Inter-Institute Coordination.-- ``(1) In general.--The Director of NIH shall provide for the coordination of the program established under subsection (a) among all of the national research institutes conducting Parkinson's research. ``(2) Conference.--Coordination under paragraph (1) shall include the convening of a research planning conference not less frequently than once every 2 years. Each such conference shall prepare and submit to the Committee on Appropriations and the Committee on Labor and Human Resources of the Senate and the Committee on Appropriations and the Committee on Commerce of the House of Representatives a report concerning the conference. ``(c) Morris K. Udall Research Centers.-- ``(1) In general.--The Director of NIH shall award Core Center Grants to encourage the development of innovative multidisciplinary research and provide training concerning Parkinson's. The Director shall award not more than 10 Core Center Grants and designate each center funded under such grants as a Morris K. Udall Center for Research on Parkinson's Disease. ``(2) Requirements.-- ``(A) In general.--With respect to Parkinson's, each center assisted under this subsection shall-- ``(i) use the facilities of a single institution or a consortium of cooperating institutions, and meet such qualifications as may be prescribed by the Director of the NIH; and ``(ii) conduct basic and clinical research. ``(B) Discretionary requirements.--With respect to Parkinson's, each center assisted under this subsection may-- ``(i) conduct training programs for scientists and health professionals; ``(ii) conduct programs to provide information and continuing education to health professionals; ``(iii) conduct programs for the dissemination of information to the public; ``(iv) separately or in collaboration with other centers, establish a nationwide data system derived from patient populations with Parkinson's, and where possible, comparing relevant data involving general populations; ``(v) separately or in collaboration with other centers, establish a Parkinson's Disease Information Clearinghouse to facilitate and enhance knowledge and understanding of Parkinson's disease; and ``(vi) separately or in collaboration with other centers, establish a national education program that fosters a national focus on Parkinson's and the care of those with Parkinson's. ``(3) Stipends regarding training programs.--A center may use funds provided under paragraph (1) to provide stipends for scientists and health professionals enrolled in training programs under paragraph (2)(B). ``(4) Duration of support.--Support of a center under this subsection may be for a period not exceeding five years. Such period may be extended by the Director of NIH for one or more additional periods of not more than five years if the operations of such center have been reviewed by an appropriate technical and scientific peer review group established by the Director and if such group has recommended to the Director that such period should be extended. ``(d) Morris K. Udall Awards for Excellence in Parkinson's Disease Research.--The Director of NIH shall establish a grant program to support investigators with a proven record of excellence and innovation in Parkinson's research and who demonstrate potential for significant future breakthroughs in the understanding of the pathogensis, diagnosis, and treatment of Parkinson's. Grants under this subsection shall be available for a period of not to exceed 5 years. ``(e) Authorization of Appropriations.--For the purpose of carrying out this section, there are authorized to be appropriated $100,000,000 for fiscal year 1998, and such sums as may be necessary for each of the fiscal years 1999 and 2000. ``(f) Limitation on Use of Certain Funds of Public Health Service.--Notwithstanding any other provision of law, none of the amounts made available under this Act may be expended for any research that uses human fetal tissue, cells, or organs obtained from a living or dead human embryo or fetus during or after an induced abortion, or for any therapeutic application for Parkinson's that uses such human fetal tissue, cells, or organs. This subsection does not apply to human fetal tissue, cells, or organs obtained from a spontaneous abortion or an ectopic pregnancy.''.

Parkinson's Research Act of 1997 - Amends the Public Health Service Act to mandate a program in the National Institutes of Health to conduct and support research and training on Parkinson's disease. Requires: (1) the convening of a research planning conference at least every two years; (2) the awarding of Core Center Grants to encourage innovative multidisciplinary research and training on Parkinson's (designating each recipient as a Morris K. Udall Center for Research on Parkinson's Disease); and (3) a grant program to support investigators with a proven record who demonstrate potential for breakthroughs in understanding the pathogenesis, diagnosis, and treatment of Parkinson's. Authorizes appropriations. Prohibits using any amounts under this Act for any research or therapeutic application that uses human fetal tissue, cells, or organs obtained from a living or dead human embryo or fetus during or after an induced abortion.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Presidential Budget Savings Extension Act of 1995''. TITLE I--PROVISIONS RELATING TO PART A OF THE MEDICARE PROGRAM SEC. 101. MAINTAINING SAVINGS RESULTING FROM TEMPORARY FREEZE ON PAYMENT INCREASES FOR SKILLED NURSING FACILITY SERVICES. (a) Basing Updates to Per Diem Cost Limits on Limits for Fiscal Year 1993.-- (1) In general.--The last sentence of section 1888(a) of the Social Security Act (42 U.S.C. 1395yy(a)) is amended by adding at the end the following: ``(except that such updates may not take into account any changes in the routine service costs of skilled nursing facilities occurring during cost reporting periods which began during fiscal year 1994 or fiscal year 1995).''. (2) No exceptions permitted based on amendment.--The Secretary of Health and Human Services shall not consider the amendment made by paragraph (1) in making any adjustments pursuant to section 1888(c) of the Social Security Act. (b) Payments Determined on Prospective Basis.--Any change made by the Secretary of Health and Human Services in the amount of any prospective payment paid to a skilled nursing facility under section 1888(d) of the Social Security Act for cost reporting periods beginning on or after October 1, 1995, may not take into account any changes in the costs of services occurring during cost reporting periods which began during fiscal year 1994 or fiscal year 1995. TITLE II--PROVISIONS RELATING TO PART B OF THE MEDICARE PROGRAM SEC. 201. SETTING THE PART B PREMIUM AT 25 PERCENT OF PROGRAM EXPENDITURES PERMANENTLY. (a) In General.--Section 1839(a)(3) of the Social Security Act (42 U.S.C. 1395r(a)(3)) is amended by striking ``The monthly premium'' and all that follows through ``November 1.'' and inserting the following: ``The monthly premium shall be equal to 50 percent of the monthly actuarial rate for enrollees age 65 and over, as determined according to paragraph (1), for that succeeding calendar year.''. (b) Conforming Amendments.--Section 1839 of such Act (42 U.S.C. 1395r) is amended-- (1) in subsection (a)(2), by striking ``(b) and (e)'' and inserting ``(b), (c), (e), and (f)''; (2) in the last sentence of subsection (a)(3), by striking ``and the derivation of the dollar amounts specified in this paragraph''; and (3) in subsection (e)-- (A) by striking ``(1)(A) Notwithstanding'' and all that follows through ``(B)'', (B) by striking paragraph (2), and (C) by redesignating clauses (i) through (v) as paragraphs (1) through (5). TITLE III--PROVISIONS RELATING TO PARTS A AND B OF THE MEDICARE PROGRAM SEC. 301. PERMANENT EXTENSION OF CERTAIN SECONDARY PAYER PROVISIONS. (a) Data Match.-- (1) Section 1862(b)(5)(C) of the Social Security Act (42 U.S.C. 1395y(b)(5)(C)) is amended by striking clause (iii). (2) Section 6103(l)(12) of the Internal Revenue Code of 1986 is amended by striking subparagraph (F). (b) Application to Disabled Individuals in Large Group Health Plans.-- (1) In general.--Section 1862(b)(1)(B) of the Social Security Act (42 U.S.C. 1395y(b)(1)(B)) is amended-- (A) in clause (i), by striking ``clause (iv)'' and inserting ``clause (iii)'', (B) by striking clause (iii), and (C) by redesignating clause (iv) as clause (iii). (2) Conforming amendments.--Paragraphs (1) through (3) of section 1837(i) of such Act (42 U.S.C. 1395p(i)) and the second sentence of section 1839(b) of such Act (42 U.S.C. 1395r(b)) are each amended by striking ``1862(b)(1)(B)(iv)'' each place it appears and inserting ``1862(b)(1)(B)(iii)''. (c) Period of Application to Individuals with End Stage Renal Disease.--Section 1862(b)(1)(C) of the Social Security Act (42 U.S.C. 1395y(b)(1)(C)) is amended-- (1) in the first sentence, by striking ``12-month'' each place it appears and inserting ``18-month'', and (2) by striking the second sentence. SEC. 302. MAINTAINING SAVINGS RESULTING FROM TEMPORARY FREEZE ON PAYMENT INCREASES FOR HOME HEALTH SERVICES. (a) Basing Updates to Per Visit Cost Limits on Limits for Fiscal Year 1993.--Section 1861(v)(1)(L)(iii) of the Social Security Act (42 U.S.C. 1395x(v)(1)(L)(iii)) is amended by adding at the end the following sentence: ``In establishing limits under this subparagraph, the Secretary may not take into account any changes in the costs of the provision of services furnished by home health agencies with respect to cost reporting periods which began on or after July 1, 1994, and before July 1, 1996.''. (b) No Exceptions Permitted Based on Amendment.--The Secretary of Health and Human Services shall not consider the amendment made by subsection (a) in making any exemptions and exceptions pursuant to section 1861(v)(1)(L)(ii) of the Social Security Act.

TABLE OF CONTENTS: Title I: Provisions Relating to Part A of the Medicare Program Title II: Provisions Relating to Part B of the Medicare Program Title III: Provisions Relating to Parts A and B of the Medicare Program Medicare Presidential Budget Savings Extension Act of 1995 - Title I: Provisions Relating to Part A of the Medicare Program - Amends part A (Hospital Insurance) of title XVIII (Medicare) of the Social Security Act to prohibit updates on per diem cost limits on extended care services of skilled nursing facilities from taking into account any changes in routine service costs of such facilities occurring during cost reporting periods beginning during FY 1994 or 1995. Bars any change made by the Secretary of Health and Human Services in the amount of prospective payments to such facilities for cost reporting periods beginning on or after October 1, 1995, from taking into account changes in the costs of services occurring during cost reporting periods beginning in FY 1994 or 1995. Title II: Provisions Relating to Part B of the Medicare Program - Amends part B (Supplementary Medical Insurance) of title XVIII (Medicare) of the Social Security Act to permanently set the monthly premium under the Supplementary Medical Insurance program at 50 percent of the monthly actuarial rate for enrollees age 65 and over. Title III: Provisions Relating to Parts A and B of the Medicare Program - Makes permanent specified Medicare secondary payer provisions currently scheduled to expire in FY 1998, including those with respect to disabled individuals in large group health plans and individuals with end-stage renal disease. Prohibits the Secretary, in establishing cost limits on home health services, from taking into account any changes in the costs of home health agency services with respect to cost reporting periods which began between July 1, 1994, and July 1, 1996.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Department of Veterans Affairs Billing Accountability Act of 2015''. SEC. 2. AUTHORITY OF SECRETARY OF VETERANS AFFAIRS TO WAIVE REQUIREMENT OF CERTAIN VETERANS TO MAKE COPAYMENTS FOR CARE AND SERVICES IN THE CASE OF DEPARTMENT OF VETERANS AFFAIRS ERROR. (a) Hospital Care, Nursing Home Care, and Medical Services.-- Section 1710(f)(3) of title 38, United States Code, is amended by adding at the end the following new subparagraph: ``(G) The Secretary may waive the requirement of a veteran to make a payment under this subsection or subsection (g) if-- ``(i) an error committed by the Department or an employee of the Department was the cause of delaying notification sent to the veteran of the requirement to make the payment; and ``(ii) the veteran received such notification later than 120 days after the date on which the veteran received the care or services for which the payment was required.''. (b) Medications.--Section 1722A of such title is amended-- (1) by redesignating subsection (c) as subsection (d); and (2) by inserting after subsection (b) the following new subsection (c): ``(c) The Secretary may waive the requirement of a veteran to make a payment under this section if-- ``(1) an error committed by the Department or an employee of the Department was the cause of delaying notification sent to the veteran of the requirement to make the payment; and ``(2) the veteran received such notification later than 120 days after the date on which the veteran received the medication for which the payment was required.''. (c) Billing Procedures.-- (1) In general.--Subchapter I of chapter 17 of such title is amended by adding at the end the following new section: ``Sec. 1709C. Procedures for copayments ``(a) Care at Department Facility.--(1) In requiring a veteran to make a payment for care or services provided at a medical facility of the Department pursuant to this chapter, including sections 1710 and 1722A of this title, the Secretary shall provide to such veteran a notification of such required payment by not later than 120 days after the date on which the veteran receives the care or services for which payment is required. ``(2) If the Secretary does not provide to a veteran a notification of the required payment by the date required under paragraph (1), the Secretary may not collect such payment, including through a third-party entity, unless the Secretary provides the veteran the following: ``(A) Information regarding how to apply for a waiver described in section 1710(f)(3)(G) or section 1722A(c) of this title, as appropriate. ``(B) Information regarding how to establish a payment plan with the Secretary. ``(C) An opportunity to make such a waiver or establish such a payment plan. ``(b) Care at Non-Department Facility.--(1) In requiring a veteran to make a payment for care or services provided at a non-Department facility pursuant to this chapter or any other provision of law, the Secretary shall provide to such veteran a notification of such required payment by not later than 18 months after the date on which the veteran receives the care or services for which payment is required. ``(2) If the Secretary does not provide to a veteran a notification of the required payment by the date required under paragraph (1), the Secretary may not collect such payment, including through a third-party entity, unless the Secretary provides the veteran the following: ``(A) Information regarding how to apply for a waiver described in paragraph (3). ``(B) Information regarding how to establish a payment plan with the Secretary. ``(C) An opportunity to make such a waiver or establish such a payment plan. ``(3) The Secretary may waive the requirement of a veteran to make a payment for care or services provided at a non-Department facility pursuant to this chapter or any other provision of law if-- ``(A) an error committed by the Department, an employee of the Department, or a non-Department facility was the cause of delaying notification sent to the veteran of the requirement to make the payment; and ``(B) the veteran received such notification later than 18 months after the date on which the veteran receives the care or services for which payment is required.''. (2) Clerical amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1709B the following new item: ``1709C. Procedures for copayments.''. (d) Improvement of Procedures.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall-- (1) review the copayment billing internal controls and notification procedures of the Department of Veterans Affairs; and (2) improve such controls and procedures, including pursuant to the amendments made by this section.

Department of Veterans Affairs Billing Accountability Act of 2015 This bill authorizes the Department of Veterans Affairs (VA) to waive the requirement that a veteran make copayments for medications, hospital care, nursing home care, and medical services if: an error committed by the VA or a VA employee was the cause of delaying copayment notification to the veteran, and the veteran received such notification later than 120 days (18 months in the case of a non-VA facility) after the date on which the veteran received the care or services. In requiring a veteran to make a copayment for care or services provided at a VA or a non-VA medical facility the VA shall notify the veteran not later than 120 days (18 months in the case of a non-VA facility) after the date on which the veteran received the care or services. If the VA does not provide notification by such date it may not collect the payment, including through a third-party entity, unless the veteran is provided with: information about applying for a waiver and establishing a payment plan with the VA, and opportunity to make a waiver or establish a payment plan. The VA shall review and improve its copayment billing internal controls and notification procedures.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Nonprofit Political Speech Protection Act''. SEC. 2. TAX-EXEMPT ORGANIZATIONS PERMITTED TO ENGAGE IN POLITICAL CAMPAIGNS, ETC. (a) In General.--Paragraph (3) of section 501(c) of the Internal Revenue Code of 1986 is amended by striking ``which does not participate in, or intervene in'' and all that follows and inserting ``no substantial part of the activities of which is participating in, or intervening in (including the publishing or distributing of statements), any political campaign on behalf of (or in opposition to) any candidate for public office (except as otherwise provided in subsection (h)).''. (b) Expansion of Election Under Section 501(h).-- (1) In general.--So much of subsection (h) of section 501 of such Code as precedes paragraph (2) is amended to read as follows: ``(h) Expenditures by Public Charities To Influence Legislation or for Political Campaigns.-- ``(1) General rules.-- ``(A) Expenditures to influence legislation.--In the case of an organization to which this subsection applies, exemption from taxation under subsection (a) shall be denied because a substantial part of the activities of such organization consists of carrying on propaganda, or otherwise attempting, to influence legislation, but only if such organization normally-- ``(i) makes lobbying expenditures in excess of the lobbying ceiling amount for such organization for each taxable year, or ``(ii) makes grass roots expenditures in excess of the grass roots ceiling amount for such organization for each taxable year. ``(B) Expenditures for political campaigns.--In the case of an organization to which this subsection applies, exemption from taxation under subsection (a) shall be denied because a substantial part of the activities of such organization consists of participating in, or intervening in (including the publishing or distributing of statements), any political campaign on behalf of (or in opposition to) any candidate for public office, but only if such organization normally makes political expenditures (as defined in section 4911(e)) in excess of the political campaign ceiling amount for such organization for each taxable year.'' (2) Political campaign ceiling amount.--Paragraph (2) of section 501(h) of such Code is amended by adding at the end the following new subparagraphs: ``(E) Political campaign ceiling amount.--The political campaign ceiling amount for any organization is 150 percent of the political campaign nontaxable amount, determined under section 4911(e).'' (3) Conforming amendment.--Paragraph (7) of section 501(h) of such Code is amended by striking ``the interpretation'' and all that follows and inserting ``the interpretation under subsection (c)(3) of the material following `private shareholder or individual'.'' (c) Comparable Test for Charitable Contribution Deduction.-- Subparagraph (D) of section 170(c)(2) of such Code is amended by striking ``and which does not participate in, or intervene in'' and inserting ``or by reason of participating in, or intervening in''. (d) Revision of Excise Taxes.-- (1) So much of chapter 41 of such Code as precedes subsection (c) of section 4911 is amended to read as follows: ``CHAPTER 41--PUBLIC CHARITIES ``Sec. 4911. Tax on excess lobbying and political expenditures. ``Sec. 4912. Tax on disqualifying lobbying and political expenditures of certain organizations. ``SEC. 4911. TAX ON EXCESS LOBBYING AND POLITICAL EXPENDITURES. ``(a) Tax Imposed.-- ``(1) In general.--There is hereby imposed on the excess lobbying and political expenditures of any organization to which this section applies a tax equal to 25 percent of the amount of the excess lobbying and political expenditures for the taxable year. ``(2) Organizations to which this section applies.--This section applies to any organization with respect to which an election under section 501(h) (relating to lobbying and political expenditures by public charities) is in effect for the taxable year. ``(b) Excess Lobbying and Political Expenditures.--For purposes of this section, the term `excess lobbying and political expenditures' means, for a taxable year, the sum of-- ``(1) the greater of-- ``(A) the amount by which the lobbying expenditures made by the organization during the taxable year exceed the lobbying nontaxable amount for such organization for such taxable year, or ``(B) the amount by which the grass roots expenditures made by the organization during the taxable year exceed the grass roots nontaxable amount for such organization for such taxable year, plus ``(2) the amount by which the political expenditures made by the organization during the taxable year exceed the political campaign nontaxable amount for such organization for such taxable year.'' (2) Section 4911 of such Code is amended by redesignating subsections (e) and (f) as subsections (f) and (g) and by inserting after subsection (d) the following new subsection: ``(e) Definitions Relating to Political Expenditures.--For purposes of this section-- ``(1) Political expenditures.-- ``(A) In general.--The term `political expenditure' means any amount paid or incurred by a section 501(c)(3) organization in any participation in, or intervention in (including the publication or distribution of statements), any political campaign on behalf of (or in opposition to) any candidate for public office. ``(B) Certain other expenditures included.--In the case of an organization which is formed primarily for purposes of promoting the candidacy (or prospective candidacy) of an individual for public office (or which is effectively controlled by a candidate or prospective candidate and which is availed of primarily for such purposes), the term `political expenditure' includes any of the following amounts paid or incurred by the organization: ``(i) Amounts paid or incurred to such individual for speeches or other services. ``(ii) Travel expenses of such individual. ``(iii) Expenses of conducting polls, surveys, or other studies, or preparing papers or other materials, for use by such individual. ``(iv) Expenses of advertising, publicity, and fundraising for such individual. ``(v) Any other expense which has the primary effect of promoting public recognition, or otherwise primarily accruing to the benefit, of such individual. ``(2) Political campaign nontaxable amount.-- ``(A) In general.--The lobbying nontaxable amount for any organization for any taxable year is the lesser of (i) $1,000,000 or (ii) the amount determined under the following table: ``If the exempt purpose The lobbying nontaxable amount is-- expenditures are-- Not over $500,000.............. 20 percent of the exempt purpose expenditures. Over $500,000 but not over $1,000,000. $100,000 plus 15 percent of the excess of the exempt purpose expenditures over $500,000. Over $1,000,000 but not over $1,500,000. $175,000 plus 10 percent of the excess of the exempt purpose expenditures over $1,000,000. Over $1,500,000................ $225,000 plus 5 percent of the excess of the exempt purpose expenditures over $1,500,000. ``(B) Exempt purpose expenditures.-- ``(i) In general.--The term `exempt purpose expenditures' means, with respect to any organization for any taxable year, the total of the amounts paid or incurred by such organization to accomplish purposes described in section 170(c)(2)(B) (relating to religious, charitable, educational, etc., purposes). ``(ii) Certain amounts included.--The term `exempt purpose expenditures' includes-- ``(I) administrative expenses paid or incurred for purposes described in section 170(c)(2)(B), and ``(II) political expenditures paid or incurred (whether or not for purposes described in section 170(c)(2)(B)). ``(iii) Certain amounts excluded.--The term `exempt purpose expenditures' does not include amounts paid or incurred to or for-- ``(I) a separate fundraising unit of such organization, or ``(II) one or more other organizations, if such amounts are paid or incurred primarily for fundraising.'' (3) Subsection (g) of section 4911 of such Code, as redesignated by paragraph (2), is amended by striking ``excess lobbying expenditures'' each place it appears and inserting ``excess lobbying and political expenditures''. (4)(A) Section 4912 of such Code is amended-- (i) in the heading by striking ``lobbying expenditures'' and inserting ``lobbying and political expenditures'', and (ii) in the text by striking ``lobbying expenditures'' and inserting ``lobbying and political expenditures''. (B) Paragraph (2) of section 4912(d) of such Code is amended to read as follows: ``(2) Organization manager.--The term `organization manager' means-- ``(A) any officer, director, or trustee of the organization (or individual having powers or responsibilities similar to those of officers, directors, or trustees of the organization), and ``(B) with respect to any expenditure, any employee of the organization having authority or responsibility with respect to such expenditure.'' (e) Other Conforming Amendments.-- (1) Subchapter C of chapter 42 of such Code is hereby repealed. (2) Section 4962 of such Code is amended by striking subsection (c). (3) Sections 4963 and 7422(g) of such Code are each amended by striking ``4955,'' each place it appears. (4) Paragraph (10) of section 6033(b) of such Code is amended by adding ``and'' at the end of subparagraph (A), by striking ``and'' at the end of subparagraph (B), and by striking subparagraph (C). (5) Section 6213(e) of such Code is amended by striking ``4955 (relating to taxes on political expenditures),''. (6) The table of subchapters for chapter 42 of such Code is amended by striking the item relating to subchapter C. (7) Section 6852 (relating to termination assessments in case of flagrant political expenditures of section 501(c)(3) organizations) is hereby repealed. (8) Clause (v) of section 6091(b)(1)(B) of such Code is amended by striking ``or 6852(a)''. (9) Sections 6211(b)(1) and 6212(c)(1) of such Code are each amended by striking ``or 6852''. (10) Sections 6213(a), 6234(e)(3), 6863, and 7429(g) of such Code are each amended by striking ``, 6852,'' each place it appears. (11) Section 7429(a)(1)(A) of such Code is amended by striking ``6852(a),''. (12) Paragraph (3) of section 7611(i) of such Code is amended by striking ``, section 6852 (relating to termination assessments in case of flagrant political expenditures of section 501(c)(3) organizations),''. (13) The table of sections for part I of subchapter A of chapter 70 of such Code is amended by striking the item relating to section 6852. (14) Subchapter A of chapter 76 of such Code is amended by striking section 7409 and by redesignating section 7410 as section 7409. (15) The table of sections for such subchapter A is amended by striking the last 2 items and inserting the following new item: ``Sec. 7409. Cross references.''. (f) Effective Date.--The amendments made by this section shall apply to expenditures made after the date of the enactment of this Act.

Nonprofit Political Speech Protection Act - Amends the Internal Revenue Code to allow tax-exempt organizations to participate in political campaigns under specified circumstances.Imposes a tax on certain excess lobbying and political expenditures of specified tax-exempt organizations.

SECTION 1. SHORT TITLE. This Act may be cited as the ``NATO-Western Balkans Support Act of 2009''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The commitment of the North Atlantic Treaty Organization (NATO) to mutual defense and the territorial integrity of its members has advanced the democratic transformation of Central and Eastern Europe and significantly enhanced the security of Europe. Nowhere in Europe has the search for sustainable peace been more challenging than in the Western Balkans. NATO has the ability to encourage the countries of the Western Balkans to embrace collective security, consolidate their democratic gains, and extend their commitment to integration in Euro-Atlantic institutions. (2) NATO membership offers the ultimate protection against perceived external threats and has demonstrated its role in lowering regional tensions. Croatia's successful accession to NATO has encouraged other states of the Western Balkans to consider the possibility of their own membership more seriously. Bosnia and Herzegovina and Montenegro are already seriously engaged in the process of meeting NATO membership criteria as active members of the Partnership for Peace and Intensified Dialogue with NATO. (3) In Western Balkan states like Bosnia and Herzegovina and Montenegro, the process of NATO accession can provide focus for ongoing efforts to improve the functionality and efficiency of the armed forces and the state more broadly. In Bosnia and Herzegovina, many reforms necessary to improve the functionality of the state, such as resolution of the defense- related property issue, are also necessary for NATO membership. (4) The success of Serbia is central to the success of the Western Balkans. The United States Government welcomes the decision of the democratically elected Government of Serbia to join the Partnership for Peace Program in 2006 and encourages as strong a relationship as is possible between NATO and the Government and people of Serbia. As Vice President Joseph Biden said in Belgrade on May 20, 2009, ``The United States strongly supports Serbian membership in the European Union and expanding security cooperation between Serbia, the United States, and our allies. We will use our influence, our energy, and our resources to promote Serbia's Euro-Atlantic aspirations.''. (5) In the NATO Participation Act of 1994 (title II of Public Law 103-447; 22 U.S.C. 1928 note), Congress declared that ``full and active participants in the Partnership for Peace in a position to further the principles of the North Atlantic Treaty and to contribute to the security of the North Atlantic area should be invited to become full NATO members in accordance with Article 10 of such Treaty at an early date''. (6) Under the NATO Enlargement Facilitation Act of 1996 (as enacted into law by section 101(c) of title I of division A of Public Law 104-208; 22 U.S.C. 1928 note), Congress called for the prompt admission of Poland, Hungary, the Czech Republic, and Slovenia to NATO, and declared that ``in order to promote economic stability and security in Slovakia, Estonia, Latvia, Lithuania, Romania, Bulgaria, Albania, Moldova, and Ukraine . . . the process of enlarging NATO to include emerging democracies in Central and Eastern Europe should not be limited to consideration of admitting Poland, Hungary, the Czech Republic, and Slovenia as full members of the NATO Alliance''. (7) In the European Security Act of 1998 (title XXVII of division G of Public Law 105-277; 22 U.S.C. 1928 note), Congress declared that ``Poland, Hungary, and the Czech Republic should not be the last emerging democracies in Central and Eastern Europe invited to join NATO''. (8) In the Gerald B. H. Solomon Freedom Consolidation Act of 2002 (Public Law 107-187; 22 U.S.C. 1928 note), Congress endorsed ``. . . the vision of further enlargement of the NATO Alliance articulated by President George W. Bush on June 15, 2001, and by former President William J. Clinton on October 22, 1996.''. (9) At the Madrid Summit of the North Atlantic Treaty Organization in July 1997, Poland, Hungary, and the Czech Republic were invited to join NATO, and the North Atlantic Treaty Organization heads of state and government issued a declaration stating, ``The alliance expects to extend further invitations in coming years to nations willing and able to assume the responsibilities and obligations of membership . . . No European democratic country whose admission would fulfill the objectives of the [North Atlantic] Treaty will be excluded from consideration''. (10) At the Washington, DC, Summit of the North Atlantic Treaty Organization in April 1999, the North Atlantic Treaty Organization heads of state and government issued a communique declaring, ``We pledge that NATO will continue to welcome new members in a position to further the principles of the [North Atlantic] Treaty and contribute to peace and security in the Euro-Atlantic area . . . The three new members will not be the last . . . No European democratic country whose admission would fulfill the objectives of the Treaty will be excluded from consideration, regardless of its geographic location''. (11) On June 15, 2001, in a speech in Warsaw, Poland, President George W. Bush stated, ``All of Europe's new democracies, from the Baltic to the Black Sea and all that lie between, should have the same chance for security and freedom-- and the same chance to join the institutions of Europe--as Europe's old democracies have . . . I believe in NATO membership for all of Europe's democracies that seek it and are ready to share the responsibilities that NATO brings . . .''. (12) On October 22, 1996, in a speech in Detroit, Michigan, former President William J. Clinton stated, ``NATO's doors will not close behind its first new members . . . NATO should remain open to all of Europe's emerging democracies who are ready to shoulder the responsibilities of membership . . . No nation will be automatically excluded . . . No country outside NATO will have a veto . . . A gray zone of insecurity must not reemerge in Europe.''. (13) At the Prague Summit of the North Atlantic Treaty Organization in November 2002, Bulgaria, Estonia, Latvia, Lithuania, Romania, Slovakia, and Slovenia were invited to join NATO in the second round of enlargement of the North Atlantic Treaty Organization since the end of the Cold War, and the North Atlantic Treaty Organization heads of state and government issued a declaration stating, ``NATO's door will remain open to European democracies willing and able to assume the responsibilities and obligations of membership, in accordance with Article 10 of the Washington Treaty.''. (14) At the Istanbul Summit of the North Atlantic Treaty Organization in June 2004, the North Atlantic Treaty Organization heads of state and government issued a communique reaffirming that NATO's door remains open to new members, declaring, ``We celebrate the success of NATO's Open Door Policy, and reaffirm today that our seven new members will not be the last. The door to membership remains open.''. (15) At the Riga Summit of the NATO Alliance November 2006, NATO heads of state and government affirmed in their declaration that ``Bosnia and Herzegovina, Montenegro and Serbia can offer valuable contributions to regional stability and security'' and that NATO should ``encourage further positive developments in the region on its path towards Euro- Atlantic integration''. It was at Riga that Bosnia and Herzegovina, Montenegro, and Serbia were offered membership in the Partnership for Peace and Euro-Atlantic Partnership Council. (16) At the Bucharest Summit of the NATO Alliance in April 2008, the NATO heads of state and government issued a declaration stating that in the Balkans, ``Euro-Atlantic integration, based on democratic values and regional cooperation, remains necessary for lasting peace and stability.'' The Declaration also noted that ``we have decided to invite Bosnia and Herzegovina and Montenegro to begin an Intensified Dialogue on the full range of political, military, financial, and security issues relating to their aspirations to membership''. (17) At the Strasbourg/Kehl NATO Summit, the heads of state and government participating in the meeting of the North Atlantic Council on April 4, 2009, reiterated that ``[i]n accordance with Article 10 of the Washington Treaty, NATO's door will remain open to all European democracies which share the values of our Alliance, which are willing and able to assume the responsibilities and obligations of membership, and whose inclusion can contribute to common security and stability''. (18) The Summit Declaration also acknowledged the progress of the Government of Bosnia and Herzegovina on ``cooperation with NATO, including through implementation of its current IPAP, and the country's expressed intention to apply for MAP at an appropriate time.'' The declaration also urged ``Bosnia and Herzegovina's political leaders to take further genuine steps to strengthen state-level institutions and reinvigorate the reform process to advance the country's Euro-Atlantic aspirations.''. (19) With respect to Montenegro, the NATO heads of state and government declared at the 2009 Strasbourg/Kehl NATO Summit, ``We welcome Montenegro's successful and active implementation of its current Individual Partnership Action Plan (IPAP) with NATO. We are encouraged by the reforms it has made in a number of areas that are essential to its Euro- Atlantic integration and also by its contributions to cooperation and security in the region. We are looking forward to Montenegro's further determined efforts in this regard. The Council in permanent session is keeping Montenegro's progress under active review and will respond early to its request to participate in the Membership Action Plan (MAP), on its own merits.''. (20) Bosnia and Herzegovina and Montenegro deserve recognition for their cooperation with the International Criminal Tribunal for the former Yugoslavia (ICTY). Although Serbia has not yet completely fulfilled its ICTY obligations, the continued support of the Government of Serbia for the process until its conclusion is the best way to ensure the peace and to prepare the way to full participation of Serbia in European institutions. SEC. 3. DECLARATIONS OF POLICY. Congress-- (1) supports the commitment to further enlargement of the North Atlantic Treaty Organization to include Bosnia and Herzegovina and Montenegro, as European democracies, that are able and willing to meet the responsibilities of membership, as expressed by NATO in its Madrid Summit Declaration of 1997, its Washington, DC, Summit Communique of 1999, its Prague Summit Declaration of 2002, its Istanbul Summit Communique of 2004, its Riga Summit Declaration of 2006, its Bucharest Summit Declaration of 2008, and its Strasbourg/Kehl Declaration of 2009; (2) encourages United States allies in the North Atlantic Treaty Organization to utilize the opportunity of the ongoing Strategic Concept review to reinvigorate and transform NATO's approach to its commitment to the peace, stability, and democratic success of the Western Balkans; (3) endorses cooperation with representatives of the Government of Bosnia and Herzegovina to determine a realistic timetable and plan, constructed in conjunction with other NATO allies, for Bosnia and Herzegovina to meet the criteria for NATO membership, with the goal of improving the functionality of the Government of Bosnia and Herzegovina through the achievement of the commonly accepted political, military, economic, and social standards; (4) declares that United States support for Bosnia and Herzegovina's membership should be contingent upon thorough achievement of these exacting requirements, and that NATO membership criteria must not be compromised; (5) calls for the timely admission of Bosnia and Herzegovina and Montenegro contingent upon their continued implementation of democratic, defense, and economic reform, and their willingness and ability to meet the responsibilities of membership in the North Atlantic Treaty Organization and a clear expression of national intent to do so; and (6) reaffirms the need for engagement with the democratically elected government of Serbia and amelioration of past bilateral tensions with greater interaction between the people of the United States and Serbia, including support by the United States Government for the process of including Serbia in trans-Atlantic institutions as the Government of Serbia fulfills the necessary criteria. SEC. 4. SENSE OF CONGRESS. It is the sense of Congress that-- (1) the existing position of political advisor within the NATO Mission in Sarajevo should be filled by an ambassadorial- level United States diplomat as ``senior civilian representative'' to the NATO Mission in Sarajevo; (2) this senior civilian representative should have primary responsibility for defense and security sector reform and NATO/ Partnership for Peace integration; (3) the position requires coordination with international organizations and national authorities in Bosnia and Herzegovina; (4) it is important that this effort have civilian leadership and the senior civilian representative should work in conjunction with the senior military representative and lead the political-military staff; (5) the substantial credibility in Bosnia and Herzegovina enjoyed by the United States should be harnessed to facilitate the fulfillment by the Government of Bosnia and Herzogovina of NATO membership criteria; and (6) the Secretary of State should provide a regular briefing, not less than annually, to the Committee on Foreign Relations of the Senate on the progress of the efforts required under this Act. SEC. 5. DESIGNATION OF BOSNIA AND HERZEGOVINA AND MONTENEGRO AS ELIGIBLE TO RECEIVE ASSISTANCE UNDER THE NATO PARTICIPATION ACT OF 1994. (a) Designation.-- (1) Bosnia and herzegovina.--Bosnia and Herzegovina is designated as eligible to receive assistance under the program established under section 203(a) of the NATO Participation Act of 1994 (title II of Public Law 103-447; 22 U.S.C. 1928 note), and shall be deemed to have been so designated pursuant to section 203(d)(1) of such Act. (2) Montenegro.--Montenegro is designated as eligible to receive assistance under the program established under section 203(a) of the NATO Participation Act of 1994, and shall be deemed to have been so designated pursuant to section 203(d)(1) of such Act. (b) Rule of Construction.--The designation of Bosnia and Herzegovina and Montenegro pursuant to subsection (a) as eligible to receive assistance under the program established under section 203(a) of the NATO Participation Act of 1994-- (1) is in addition to the designation of Poland, Hungary, the Czech Republic, and Slovenia pursuant to section 606 of the NATO Enlargement Facilitation Act of 1996 (as enacted into law by section 101(c) of title I of division A of Public Law 104- 208; 22 U.S.C. 1928 note), the designation of Romania, Estonia, Latvia, Lithuania, and Bulgaria pursuant to section 2703(b) of the European Security Act of 1998 (title XXVII of division G of Public Law 105-277; 22 U.S.C. 1928 note), the designation of Slovakia pursuant to section 4(a) of the Gerald B. H. Solomon Freedom Consolidation Act of 2002 (Public Law 107-187; 22 U.S.C. 1928 note), and the designation of the Republic of Albania, the Republic of Croatia, Georgia, the Republic of Macedonia (FYROM), and Ukraine pursuant to section 4(a) of the NATO Freedom Consolidation Act of 2007 (Public Law 110-17; 22 U.S.C. 1928 note) as eligible to receive assistance under the program established under section 203(a) of the NATO Participation Act of 1994; and (2) shall not preclude the designation by the president of other countries pursuant to section 203(d)(2) of the NATO Participation Act of 1994 as eligible to receive assistance under the program established under section 203(a) of such Act. SEC. 6. AUTHORIZATION OF SECURITY ASSISTANCE FOR COUNTRIES DESIGNATED UNDER THE NATO PARTICIPATION ACT OF 1994. Of the amounts made available for fiscal year 2010 under section 23 of the Arms Export Control Act (22 U.S.C. 2763), such sums as may be necessary are authorized to be appropriated for assistance to Bosnia and Herzegovina and Montenegro.

NATO-Western Balkans Support Act of 2009 - States that Congress supports the commitment to further enlargement of the North Atlantic Treaty Organization (NATO) to include Bosnia and Herzegovina and Montenegro. Expresses the sense of Congress that the existing position of political advisor within the NATO Mission in Sarajevo should be filled by an ambassadorial-level U.S. diplomat as senior civilian representative to the NATO Mission in Sarajevo. Deems Bosnia and Herzegovina and Montenegro as eligible to receive assistance under the NATO Participation Act of 1994. States that such designation: (1) is in addition to the designation of Poland, Hungary, the Czech Republic, and Slovenia pursuant to the NATO Enlargement Facilitation Act of 1996, the designation of Romania, Estonia, Latvia, Lithuania, and Bulgaria pursuant to the European Security Act of 1998, and the designation of Slovakia pursuant to the Gerald B. H. Solomon Freedom Consolidation Act of 2002, and the designation of the Republic of Albania, the Republic of Croatia, Georgia, the Republic of Macedonia (FYROM), and Ukraine pursuant to the NATO Freedom Consolidation Act of 2007 as eligible to receive assistance under the NATO Participation Act of 1994; and (2) shall not preclude the designation by the President of other countries as eligible to receive assistance under the NATO Participation Act of 1994. Authorizes FY2010 appropriations under the Arms Export Control Act for assistance to Bosnia and Herzegovina and Montenegro.

SECTION 1. SHORT TITLE. The Act may be cited as the ``Promoting Lending to America's Small Businesses Act of 2009''. SEC. 2. LIMITS ON MEMBER BUSINESS LOANS. Section 107A(a) of the Federal Credit Union Act (12 U.S.C. 1757a(a)) is amended by striking ``than the lesser of--'' and all that follows and inserting ``than 25 percent of the total assets of the credit union.''. SEC. 3. DEFINITION OF MEMBER BUSINESS LOAN. Section 107A(c)(1)(B)(iii) of the Federal Credit Union Act (12 U.S.C. 1757a(c)(1)(B)(iii)) is amended by striking ``$50,000'' and inserting ``an amount, not to exceed $250,000, that the Board shall prescribe by regulation''. SEC. 4. RESTRICTION ON MEMBER BUSINESS LOANS. Section 216(g)(2) of the Federal Credit Union Act (12 U.S.C. 1790d(g)(2)) is amended by striking ``until such time as the credit union becomes adequately capitalized'' and inserting ``unless otherwise approved by the Board''. SEC. 5. MEMBER BUSINESS LOAN EXCLUSION FOR LOANS TO NONPROFIT RELIGIOUS ORGANIZATIONS. Section 107A(a) of the Federal Credit Union Act (12 U.S.C. 1757a(a)) is further amended by inserting ``, excluding loans made to nonprofit religious organizations,'' after ``total amount of such loans''. SEC. 6. ENCOURAGING SMALL BUSINESS DEVELOPMENT IN UNDERSERVED URBAN AND RURAL COMMUNITIES. (a) Member Business Loan Exclusion for Loans in Underserved Areas.--Section 107A(c)(1)(B) of the Federal Credit Union Act (12 U.S.C. 1757a(c)(1)(B)) is amended-- (1) by striking ``or'' after the semicolon at the end of clause (iv); (2) by redesignating clause (v) as clause (vi); and (3) by inserting after clause (iv) the following new clause: ``(v) that is made to a member, the proceeds of which are to be used for commercial, corporate, business, farm, or agricultural purposes in an underserved area if such extension of credit-- ``(I) is made to a person or organization whose principal residence or place of business is located within an underserved area (as defined in section 101(10)) served by the credit union, and is not a business, or a local outlet of a business, operating on a nationwide basis (for purposes of this subclause, a locally owned franchise that consists only of local operations shall not be treated as a business operating on a nationwide basis); or ``(II) is secured by real property located within, or is intended to operate as part of a business located within, such underserved area; or''. (b) Underserved Area Defined.--Section 101 of the Federal Credit Union Act (12 U.S.C. 1752) is amended-- (1) by striking ``and'' at the end of paragraph (8); (2) by striking the period at the end of paragraph (9) and inserting ``; and''; and (3) by adding at the end the following new paragraph: ``(10) The term `underserved area'-- ``(A) means a geographic area consisting of a single census tract or a group of census tracts, each of which-- ``(i) meets the criteria for-- ``(I) a low income community, as defined in section 45D(e) of the Internal Revenue Code of 1986; or ``(II) an investment area, as defined and designated under section 103(16) of the Community Development Banking and Financial Institutions Act of 1994; and ``(ii) is not a tract in which 50 percent or more of the resident families have annual incomes in excess of $75,000 (as adjusted periodically by the Board, at the discretion of the Board, to reflect changes in the average Consumer Price Index for all-urban consumers published by the Department of Labor); and ``(B) notwithstanding subparagraph (A), includes, with respect to any Federal credit union, any geographic area within which such credit union-- ``(i) has received approval to provide service before the date of the enactment of the Promoting Lending to America's Small Businesses Act of 2009 from the National Credit Union Administration; and ``(ii) has established a service facility before such date of enactment.''.

Promoting Lending to America's Small Businesses Act of 2009 - Amends the Federal Credit Union Act to increase the total permissible amount of member business loans by an insured credit union (excluding those made to nonprofit religious organizations) to a limit of 25% of the credit union's total assets. Increases from $50,000 to $250,000 the maximum total extensions of credit a borrower or associated member of an insured credit union may have before any extension of credit shall be considered a member business loan. Revises the prohibition against an increase in the total amount of member business loans by an undercapitalized insured credit union until it becomes adequately capitalized. Repeals the condition of becoming adequately capitalized, and requires only that the National Credit Union Administration Board approve the increase. Excludes from the definition of "member business loan" any extension of credit, meeting other specified criteria, that is made to a member for commercial, corporate, business, farm, or agricultural purposes in an underserved area.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Co-Prescribing Saves Lives Act of 2016''. SEC. 2. FINDINGS. Congress finds as follows: (1) Together, the misuse of heroin and opioids account for approximately 25,000 deaths in the United States per year. (2) Drug overdose was the leading cause of injury death in the United States in 2013, and among people 25 to 64 years old, drug overdose caused more deaths than motor vehicle fatalities in 2013. (3) According to the Centers for Disease Control and Prevention, in the United States, fatal opioid-related drug overdose rates have more than quadrupled since 1990 and have never been higher. Each day in the United States, 46 people die from an overdose of prescription painkillers. Nearly 2,000,000 Americans aged 12 or older either abused or were dependent on opioids in 2013. (4) Naloxone is a safe and effective antidote to all opioid-related overdoses, including heroin and fentanyl, and is a critical tool in preventing fatal opioid overdoses in both health care and at-home settings. (5) The opioid overdose antidote naloxone has reversed more than 26,000 overdose cases between 1996 and 2014, according to the Centers for Disease Control and Prevention. SEC. 3. HEALTH CARE PROVIDER TRAINING IN FEDERAL HEALTH CARE AND MEDICAL FACILITIES. (a) Guidelines.-- (1) HHS guidelines.--The Secretary of Health and Human Services shall establish health care provider training guidelines for all Federal health care facilities, including Federally qualified health centers (as defined in paragraph (4) of section 1861(aa) of the Social Security Act (42 U.S.C. 1395x(aa))) and facilities of the Indian Health Service, and shall provide training to all providers described in subsection (b), in accordance with subsection (c). (2) Department of veterans affairs guidelines.--The Secretary of Veterans Affairs shall establish health care provider training guidelines for all medical facilities of the Department of Veterans Affairs, and shall provide training to all providers described in subsection (b), in accordance with subsection (c). (3) Department of defense guidelines.--The Secretary of Defense shall establish health care provider training guidelines for all medical facilities of the Department of Defense, and shall provide training to all providers described in subsection (b), in accordance with subsection (c). (b) Affected Health Care Providers.--The guidelines developed under paragraphs (1) through (3) of subsection (a) shall ensure that training on the appropriate and effective prescribing of opioid medications is provided to all health care providers who are-- (1) Federal employees and who prescribe controlled substances as part of their official responsibilities and duties as Federal employees; (2) contractors in a health care or medical facility of an agency described in paragraph (1), (2), or (3) of subsection (a) who-- (A) spend 50 percent or more of their clinical time under contract with the Federal Government; and (B) prescribe controlled substances under the terms and conditions of their contract or agreement with the Federal Government; or (3) clinical residents and other clinical trainees who spend 50 percent or more of their clinical time practicing in a health care or medical facility of an agency described in paragraph (1), (2), or (3) of subsection (a). (c) Training Requirements.-- (1) Training topics.--The training developed under paragraphs (1) through (3) of subsection (a) shall address, at a minimum, best practices for appropriate and effective prescribing of pain medications, principles of pain management, the misuse potential of controlled substances, identification of potential substance use disorders and referral to further evaluation and treatment, and proper methods for disposing of controlled substances. (2) Training approaches.--The training approaches developed in accordance with this section may include both traditional continuing education models and models that pair intensive coaching for the highest volume prescribers with case-based courses for other prescribers. (3) Consistency with consensus guidelines.--To the extent practicable, training adopted under subsection (a) shall be consistent with consensus guidelines on pain medication prescribing developed by the Centers for Disease Control and Prevention. (4) Training frequency.--Each agency described in paragraphs (1) through (3) of subsection (a) shall provide training of the health care providers in accordance with this section not later than 18 months after the date of enactment of this Act, and every 3 years thereafter. (d) Definitions.--For purposes of this section, the term ``controlled substance'' has the meaning given such term in section 102 of the Controlled Substances Act (21 U.S.C. 802). SEC. 4. NALOXONE CO-PRESCRIBING IN FEDERAL HEALTH CARE AND MEDICAL FACILITIES. (a) Naloxone Co-Prescribing Guidelines.--Not later than 180 days after the date of enactment of this Act: (1) The Secretary of Health and Human Services shall establish naloxone co-prescribing guidelines applicable to all Federally qualified health centers (as defined in paragraph (4) of section 1861(aa) of the Social Security Act (42 U.S.C. 1395x(aa))) and the health care facilities of the Indian Health Service. (2) The Secretary of Defense shall establish co-prescribing guidelines applicable to all Department of Defense medical facilities. (3) The Secretary of Veterans Affairs shall establish co- prescribing guidelines applicable to all Department of Veterans Affairs medical facilities. (b) Requirement.--The guidelines established under subsection (a) shall address naloxone co-prescribing for both pain patients receiving chronic opioid therapy and patients being treated for opioid use disorders. (c) Definitions.--In this section: (1) Co-prescribing.--The term ``co-prescribing'' means, with respect to an opioid overdose reversal drug, the practice of prescribing such drug in conjunction with an opioid prescription for patients at an elevated risk of overdose, or in conjunction with an opioid agonist approved under section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355) for the treatment of opioid use disorders, or in other circumstances in which a provider identifies a patient at an elevated risk for an intentional or unintentional drug overdose from heroin or prescription opioid therapies. (2) Elevated risk of overdose.--The term ``elevated risk of overdose'' has the meaning given such term by the Secretary of Health and Human Services, which-- (A) may be based on the criteria provided in the Opioid Overdose Toolkit published by the Substance Abuse and Mental Health Services Administration; and (B) may include patients on a first course opioid treatment, patients using extended-release and long- acting opioid analgesic, and patients with a respiratory disease or other co-morbidities. SEC. 5. GRANT PROGRAM TO STATE DEPARTMENTS OF HEALTH TO EXPAND NALOXONE CO-PRESCRIBING. (a) Establishment.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Health and Human Services (referred to in this section as the ``Secretary'') shall establish a competitive 4-year co-prescribing opioid overdose reversal drugs grant program to provide State departments of health with resources to develop and apply co-prescribing guidelines, and to provide for increased access to naloxone. (b) Application.--To be eligible to receive a grant under this section, a State shall submit to the Secretary, in such form and manner as the Secretary may require, an application that-- (1) identifies community partners for a co-prescribing program; (2) identifies which providers will be trained in such program and the criteria that will be used to identify eligible patients to participate in such program; and (3) describes how the program will seek to identify State, local, or private funding to continue the program after expiration of the grant. (c) Prioritization.--In awarding grants under this section, the Secretary shall give priority to eligible State departments of health that propose to base State guidelines on guidelines on co-prescribing already in existence at the time of application, such as guidelines of the Department of Veterans Affairs or national medical societies, such as the American Society of Addiction Medicine or American Medical Association. (d) Use of Funds.--A State department of health receiving a grant under this section may use the grant for any of the following activities: (1) To establish a program for co-prescribing opioid overdose reversal drugs, such as naloxone. (2) To expand innovative models of naloxone distribution, as defined by the Secretary. (3) To train and provide resources for health care providers and pharmacists on the co-prescribing of opioid overdose reversal drugs. (4) To establish mechanisms and processes for tracking patients participating in the program described in paragraph (1) and the health outcomes of such patients, and ensuring that health information is de-identified so as to protect patient privacy. (5) To purchase opioid overdose reversal drugs for distribution under the program described in paragraph (1). (6) To offset the copayments and other cost-sharing associated with opioid overdose reversal drugs to ensure that cost is not a limiting factor for eligible individuals, as determined by the Secretary and the applicable State department of health, giving priority to individuals not otherwise insured for such services. (7) To conduct community outreach, in conjunction with community-based organizations, designed to raise awareness of co-prescribing practices, and the availability of opioid overdose reversal drugs. (8) To establish protocols to connect patients who have experienced a drug overdose with appropriate treatment, including appropriate counseling and behavioral therapies. Such protocols shall be consistent with nationally recognized patient placement criteria, such as the criteria of the American Society of Addiction Medicine. (e) Evaluations by Recipients.--As a condition of receipt of a grant under this section, a State department of health shall, for each year for which grant funds are received, submit to the Secretary information on appropriate outcome measures specified by the Secretary to assess the outcomes of the program funded by the grant. (f) Definition.--In this section, the term ``co-prescribing'' has the meaning given such term in section 4. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to carry out this Act $2,500,000 for each of fiscal years 2017 through 2021.

Co-Prescribing Saves Lives Act of 2016 This bill requires the Department of Health and Human Services (HHS), the Department of Veterans Affairs (VA), and the Department of Defense (DOD) to: (1) establish training guidelines for federal health care facilities and federally qualified health centers; and (2) train certain health care providers at federal health care facilities on best practices for prescribing pain medications, principles of pain management, the misuse potential of controlled substances, identification of potential substance use disorders and referral to further evaluation and treatment, and disposal of controlled substances. HHS, the VA, and DOD must establish, for certain health care facilities, guidelines for the prescription of naloxone to individuals at an elevated risk of overdose. (Naloxone is a prescription drug used to rapidly reverse an overdose of opioids, which are drugs with effects similar to opium, such as heroin and certain pain medications.) HHS must award grants to state departments of health for the development and application of guidelines for the prescription of opioid overdose reversal drugs and to increase access to naloxone. Grants may be used to: establish a program for purchasing, prescribing, and distributing opioid overdose reversal drugs; expand innovative models of naloxone distribution; train and provide resources to health care providers and pharmacists on prescribing opioid overdose reversal drugs; offset individuals' cost-sharing for opioid overdose reversal drugs; conduct community outreach to raise awareness of the availability of opioid overdose reversal drugs; and establish protocols to connect patients who have experienced a drug overdose with treatment.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Reforestation Act of 2004''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) the forest land derived from the public domain should be maintained in appropriate forest cover with species of trees, degree of stocking, rate of growth, and conditions of stand designed to secure the maximum benefits of multiple use sustained yield management; (2) recent intense or stand replacing wildfires and other natural disasters, including drought and insect infestations, have destroyed forest ecosystems and eliminated sources of tree seed for desired species, which has delayed or precluded the reestablishment of appropriate forest cover on millions of acres of forest land derived from the public domain; (3) reforestation treatments on forest land derived from the public domain after a wildfire or nonfire natural disturbance event restore appropriate forest cover, which provides multiple renewable resource benefits, including-- (A) protecting soil and water resources; (B) providing habitat for wildlife and fish populations; (C) contributing to aesthetics; (D) enhancing the recreational experience; (E) providing a source of wood fiber for domestic use; and (F) ensuring the health and resiliency of affected ecosystems for present and future generations; (4) post-fire and natural disaster reforestation needs should be accomplished quickly and in accordance with applicable forest land management plans to achieve desired forest conditions at the least cost to other renewable resources values, such as-- (A) the loss of wildlife habitat; (B) soil erosion; and (C) water quality degradation; (5) greater resources are needed to meet reforestation needs on forest land derived from the public domain because of-- (A) damage from wildfire, disease, and insect infestation; and (B) declining revenues; and (6) reforestation needs represent over 5 years of reforestation work at current levels of reforestation, with a backlog of needs accumulating each year. (b) Purposes.--The purposes of this Act are to-- (1) provide increased funding for the reforestation of appropriate forest cover on forest land derived from the public domain; and (2) promote timely reforestation treatment. SEC. 3. TRANSFERS TO TRUST FUND. Section 303(b)(2) of Public Law 96-451 (16 U.S.C. 1606a(b)(2)) is amended by striking ``$30,000,000'' and inserting ``$90,000,000''. SEC. 4. OBLIGATIONS FROM TRUST FUND. Section 303(d) of Public Law 96-451 (16 U.S.C. 1606a(d)) is amended-- (1) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and indenting appropriately; (2) by striking the ``The Secretary of Agriculture'' and inserting the following: ``(2) Reforestation and timber stand improvements.--The Secretary of Agriculture''; (3) by inserting before paragraph (2) (as designated by paragraph (2)) the following: ``(1) Definitions.--In this paragraph: ``(A) Appropriate forest cover.--The term `appropriate forest cover' means the species of trees, the degree of stocking, the rate of growth, and the conditions of a stand designed to secure the maximum benefits of multiple use sustained yield management. ``(B) Moderate fire intensity area.--The term `moderate fire intensity area' means a burned area, with respect to which the Secretary of Agriculture has determined that-- ``(i) factors indicate a high intensity burn has occurred on less than 40 percent of the burned area; and ``(ii) the burned area may-- ``(I) be a potential flood source; ``(II) contain water-repellent soils; or ``(III) yield abnormally high overland runoff. ``(C) High fire intensity area.--The term `high fire intensity area' means a burned area, with respect to which the Secretary of Agriculture has determined that-- ``(i) the factors indicate a high-intensity burn has occurred on 40 percent or more of the burned area; and ``(ii) the burned area is a potential flood source. ``(D) Nonfire natural disturbance event.--The term `nonfire natural disturbance event' means an event that the Secretary of Agriculture has determined-- ``(i) is a result of insect or disease infestation, storm damage, or other natural occurrences; and ``(ii) requires reforestation treatment to restore appropriate forest cover.''. (4) in paragraph (2) (as designated by paragraph (2))-- (A) in subparagraph (A) (as redesignated by paragraph (1))-- (i) by inserting ``, subject to subparagraph (B),'' after ``reforestation''; and (ii) by striking ``and'' at the end; (B) by redesignating subparagraph (B) (as redesignated by paragraph (1)) as subparagraph (C); and (C) by inserting after subparagraph (A) (as redesignated by paragraph (1)) the following: ``(B) reforestation treatment to restore appropriate forest cover on forest land derived from the public domain that is capable of growing trees and that is a moderate fire intensity area or high fire intensity area or that has been severely affected by a nonfire natural disturbance event, if-- ``(i) the need for the reforestation treatment is identified in the report submitted to Congress under section 3(e)(1) of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1601(e)(1)); and ``(ii) the reforestation treatment occurs within 5 years of-- ``(I) if there is no harvest activity following the wildfire or the nonfire natural disturbance event, a wildfire or a nonfire natural disturbance event; ``(II) if a regeneration harvest is the final cut in a stand in a disturbed area, the regeneration harvest; or ``(III) if a salvage harvest is the final cut in a stand in a disturbed area, the salvage harvest; and''; and (5) by adding at the end the following: ``(3) Colleges and universities.--In addition to amounts authorized under paragraph (2), the Secretary of Agriculture may obligate up to 10 percent of the sums the Secretary expends annually from the Trust Fund to supplement expenditures of the Forest Service to enter into cooperative agreements with colleges and universities (including forestry schools, land grant colleges and universities, 1890 Institutions, and Tuskegee University) to conduct research to promote or enhance reforestation.''. SEC. 5. TECHNICAL AMENDMENT. Section 3 of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1601) is amended-- (1) by redesignating subsection (e) as subsection (f); and (2) by redesignating the second subsection (d) as subsection (e).

National Reforestation Act of 2004 - Increases, from $30 to $90 million, the amount that can be transferred to the Reforestation Trust Fund by the Secretary of the Treasury in any fiscal year. Authorizes the Secretary of Agriculture to obligate sums in the Trust Fund for reforestation treatment to restore appropriate forest cover on forest land derived from the public domain that is capable of growing trees and that is a moderate fire intensity area or high fire intensity area or that has been severely affected by a nonfire natural disturbance event if the need for the treatment is identified in a specified report on herbicides and pesticides and the treatment occurs within five years of: (1) if there is no harvest activity following the wildfire or the nonfire natural disturbance event, a wildfire or a nonfire natural disturbance event; (2) if a regeneration harvest is the final cut in a stand in a disturbed area, the regeneration harvest; or (3) if a salvage harvest is the final cut in a stand in a disturbed area, the salvage harvest. Allows the Secretary of Agriculture, in addition to amounts authorized from the Trust Fund, to obligate up to ten percent of the sums the Secretary expends annually from the Trust Fund to supplement expenditures of the Forest Service to enter into cooperative agreements with colleges and universities to conduct research to promote or enhance reforestation.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Campaign Finance Reform Commission Act of 1996''. SEC. 2. ESTABLISHMENT OF COMMISSION. (a) Establishment.--There is established a Commission to be known as the ``Federal Election Law Reform Commission'' (referred to in this Act as the ``Commission''). (b) Membership.-- (1) Appointments.--The Commission shall be comprised of 8 qualified members, who shall be appointed not later than 30 days after the date of enactment of this Act as follows: (A) Appointments by majority leader and speaker.-- The Majority Leader of the Senate and the Speaker of the House of Representatives shall jointly appoint to the Commission-- (i) 1 member who is a retired Federal judge as of the date on which the appointment is made; (ii) 1 member who is a former Member of Congress as of the date on which the appointment is made; and (iii) 1 member who is from the academic community. (B) Appointments by minority leaders.--The Minority Leader of the Senate and the Minority Leader of the House of Representatives shall jointly appoint to the Commission-- (i) 1 member who is a retired Federal judge as of the date on which the appointment is made; and (ii) 1 member who is a former Member of Congress as of the date on which the appointment is made. (C) Appointment by president.--The President shall appoint to the Commission 1 member who is from the academic community. (D) Appointments by commission members.--The members appointed under subparagraphs (A), (B), and (C) shall jointly appoint 2 members to the Commission, neither of whom shall have held any elected or appointed public or political party office, including any position with an election campaign for Federal office, during the 10 years preceding the date on which the appointment is made. (2) Qualifications.-- (A) In general.--A person shall not be qualified for an appointment under this subsection if that person, during the 10-year period preceding the date on which the appointment is made-- (i) held a position under schedule C of subpart C of part 213 of title 5 of the Code of Federal Regulations; (ii) was an employee of the legislative branch of the Federal Government, not including any service as a Member of Congress; or (iii) was required to register under the Lobbying Disclosure Act of 1995 (2 U.S.C. 1601 et seq.) or derived a significant income from influencing, or attempting to influence, members or employees of the executive or legislative branches of the Federal Government. (B) Party affiliations.--Not more than 3 members of the Commission shall be members of, or associated with, the same political party (as that term is defined in section 301(16) of the Federal Election Campaign Act of 1971 (2 U.S.C. 431(16)). (3) Chairperson and vice chairperson.--The members of the Commission shall designate a chairperson and a vice chairperson from among the membership of the Commission. The chairperson shall be from a political party other than the political party of the vice chairperson. (4) Financial disclosure.--Not later than 60 days after appointment to the Commission, each member of the Commission shall file with the Secretary of the Senate, the Office of the Clerk of the House of Representatives, and the Federal Election Commission a report containing the information contained in section 102 of title 5, United States Code. (5) Period of appointment; vacancies.--Members of the Commission shall be appointed for the life of the Commission. Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner as the original appointment. (6) Termination of commission.--The Commission shall terminate 1 year after the date of enactment of this Act. (c) Powers.-- (1) Hearings.--The Commission may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission considers advisable to carry out the purposes of this Act. (2) Information from federal agencies.--The Commission may secure directly from any Federal department or agency such information as the Commission considers necessary to carry out this Act. Upon request of the Chairperson of the Commission, the head of such department or agency shall furnish such information to the Commission. (3) Postal services.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government. (d) Pay and Travel Expenses.-- (1) Members.--Each member of the Commission, other than the Chairperson, shall be paid at a rate equal to the daily equivalent of the annual rate of basic pay payable for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which the member is engaged in the actual performance of duties vested in the Commission. (2) Chairperson.--The Chairperson shall be paid for each day referred to in paragraph (1) at a rate equal to the daily equivalent of the annual rate of basic pay payable for level III of the Executive Schedule under section 5315 of title 5, United States Code. (e) Staff.-- (1) Executive director.--The Chairperson of the Commission may, without regard to the civil service laws and regulations, appoint and terminate an executive director of the Commission, who shall be paid at the rate of basic payable for level IV of the Executive Schedule under section 5315 of title 5, United States Code. (2) Other personnel.--(A) Subject to subparagraph (B), the executive director may, without regard to the civil service laws and regulations, appoint and fix the pay of such other additional personnel as may be necessary to enable the Commission to perform its duties. (B) The pay of any individual appointed under this paragraph shall be not more than the maximum annual rate of basic pay payable for grade GS-15 of the General Schedule under section 5332 of title 5, United States Code. (3) Detail of federal employees.--Any Federal Government employee may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. (f) Procurement of Temporary and Intermittent Services.--The Chairperson of the Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals which do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title. SEC. 3. DUTIES OF COMMISSION. (a) In General.--The Commission shall-- (1) identify the appropriate goals and values for Federal campaign finance laws; (2) evaluate the extent to which the Federal Election Campaign Act of 1971 (2 U.S.C. 431 et seq.) has promoted or hindered the attainment of the goals identified under paragraph (1); and (3) make recommendations to the Congress for the achievement of those goals, taking into consideration the impact of the Federal Election Campaign Act of 1971. (b) Considerations.--In making recommendations under subsection (a)(3), the Commission shall consider with respect to Federal election campaigns-- (1) whether campaign spending levels should be limited, and, if so, to what extent; (2) the role of interest groups and whether that role should be limited or regulated; (3) the role of other funding sources, including political parties, candidates, individuals from inside and outside the State in which the contribution is made; (4) public financing and benefits; and (5) problems in existing campaign finance law, such as soft money, bundling, and independent expenditures. (c) Report and Recommendations.--Not later than 1 year after the date of enactment of this Act, the Commission shall submit to the Congress-- (1) a report on the activities of the Commission; and (2) a draft of legislation (including technical and conforming provisions) recommended by the Commission to amend the Federal Election Campaign Act of 1971 (2 U.S.C. 431 et seq.) and any other law relating to elections for Federal office. SEC. 4. FAST-TRACK PROCEDURES. (a) Rules of House of Representatives and Senate.--This section is enacted by the Congress-- (1) as an exercise of the rulemaking power of the House of Representatives and the Senate, respectively, and as such it shall be considered as part of the rules of each House, respectively, or of that House to which it specifically applies, and such rules shall supersede other rules only to the extent that they are inconsistent therewith; and (2) with full recognition of the constitutional right of either House to change the rules (so far as relating to such House) at any time, in the same manner and to the same extent as in the case of any other rule of that House. (b) Definitions.--As used in this section, the term ``Federal election bill'' means only a bill of either House of the Congress which is introduced as provided in subsection (c) to carry out the recommendations of the Commission as set forth in the draft legislation referred to in section 5. (c) Introduction and Referral.--Not later than 3 days after the Commission submits its draft legislation under section 5, a Federal election bill shall be introduced (by request) in the House of Representatives by the Majority Leader of the House and shall be introduced (by request) in the Senate by the Majority Leader of the Senate. Such bills shall be referred to the appropriate committees. (d) Amendments Prohibited.--No amendment to a Federal election bill shall be in order in either the House of Representatives or the Senate; and 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 to entertain a request to suspend the application of this subsection by unanimous consent. (e) Period for Committee and Floor Consideration.--(1) If the committee of either House to which a Federal election bill has been referred has not reported it at the close of the 30th day after its introduction, such committee shall be automatically discharged from further consideration of the bill and it shall be placed on the appropriate calendar. If prior to the passage by one House of a Federal election bill of that House, that House receives the same Federal election bill from the other House, then-- (A) the procedure in that House shall be the same as if no Federal election bill had been received from the other House; but (B) the vote on final passage shall be on the Federal election bill of the other House. (2) For purposes of paragraph (1), in computing a number of days in either House, there shall be excluded the days on which that House is not in session because of an adjournment of more than 3 days to a day certain or an adjournment of the Congress sine die. (f) Floor Consideration in the House.--(1) A motion in the House of Representatives to proceed to the consideration of a Federal election bill shall be highly privileged except that a motion to proceed to consider may only be made on the second legislative day after the calendar day on which the Member making the motion announces to the House his intention to do so. The motion to proceed to consider is 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. (2) Consideration of a Federal election bill in the House of Representatives shall be in the House with debate limited to not more than 10 hours, which shall be divided equally between those favoring and those opposing the bill. The previous question on the Federal election bill shall be considered as ordered to final passage without intervening motion. It shall not be in order to move to reconsider the vote by which a Federal election bill is agreed to or disagreed to. (3) All appeals from the decisions of the Chairperson relating to the application of the Rules of the House of Representatives to the procedure relating to a Federal election bill shall be decided without debate. (g) Floor Consideration in the Senate.--(1) A motion in the Senate to proceed to the consideration of a Federal election bill 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. (2) Debate in the Senate on a Federal election bill, 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. (3) Debate in the Senate on any debatable motion or appeal in connection with a Federal election bill shall be limited to not more than 1 hour, to be equally divided between, and controlled by, the mover and the manager of the bill, except that in the event the manager of the bill is in favor of any such motion or appeal, the time in opposition thereto, shall be controlled by the Minority Leader or a designee of the Minority Leader. Such leaders, or either of them, may, from time under their control on the passage of a Federal election bill, allot additional time to any Senator during the consideration of any debatable motion or appeal. (4) A motion in the Senate to further limit debate is not debatable. A motion to recommit a Federal election bill is not in order. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Commission such sums as are necessary to carry out the duties of the Commission under this Act.

Campaign Finance Reform Commission Act of 1996 - Establishes the Federal Election Law Reform Commission to: (1) identify the appropriate goals and values for Federal campaign finance laws; (2) evaluate the extent to which the Federal Election Campaign Act of 1971 (FECA) has promoted or hindered the attainment of the goals identified; and (3) make recommendations to the Congress for the achievement of those goals, taking into consideration the impact of FECA. Requires the Commission to submit to the Congress: (1) a report on Commission activities; and (2) a draft of legislation (including technical and conforming provisions) recommended by the Commission to amend FECA and any other law relating to elections for Federal office. Sets forth procedures for congressional consideration of legislation under fast-track rules. Authorizes appropriations.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Safety and Accountability in Construction Act''. SEC. 2. HIGHWAY SAFETY. (a) Submission of Project Management Plans.--Section 106(a)(1) of title 23, United States Code, is amended by striking ``such'' and inserting ``the project management plan and such other''. (b) Independent Safety Reviews.-- (1) In general.--Chapter 4 of title 23, United States Code, is amended by adding at the end the following: ``Sec. 413. Independent safety reviews ``(a) In General.--Subject to subsection (b), the Secretary of Transportation (or the Secretary's designee) is authorized to contract with a qualified independent engineer to objectively analyze the planning, design, construction methods, and materials used to construct any highway project financed with Federal funds if the Secretary (or the Secretary's designee) determines that-- ``(1) the project may endanger public safety; ``(2) the planning, design, or construction of the project differs from the State's existing Project Management Plan; ``(3) the project is experiencing significant cost overruns; or ``(4) there is a reasonable basis for requiring a safety review of the project by an independent engineer. ``(b) Selection of Independent Engineer.-- ``(1) In general.--If the Secretary makes a determination under subsection (a), the Secretary shall select and hire an engineer to conduct the analysis described in subsection (a). ``(2) Qualifications.--The engineer selected under this subsection-- ``(A) shall be a registered professional engineer with a background in the appropriate engineering discipline; ``(B) shall have significant knowledge and experience in highway projects; and ``(C) may not have any prior association with the project to be reviewed or any affiliation with any project participant. ``(3) Notification requirement.--If an engineer is selected under this section, the Secretary shall notify-- ``(A) the members of Congress of the districts in which the project being reviewed is located; and ``(B) the Committee on Commerce, Science, and Transportation of the Senate; ``(C) the Committee on Environment and Public Works of the Senate; and ``(D) the Committee on Transportation and Infrastructure of the House of Representatives. ``(c) Access.-- ``(1) In general.--The transportation department of each State in which a highway project is being reviewed by an independent engineer selected under subsection (b), and any contractors involved in the project, shall provide the engineer with reasonable access to the plans, records, and construction sites of the project. ``(2) Contract provisions.--Beginning on the date of the enactment of this section, each contract relating to a highway project receiving Federal financial assistance shall explicitly-- ``(A) authorize the Secretary of Transportation to conduct a safety review in accordance with this section; and ``(B) require the parties to comply with paragraph (1). ``(d) Reports.-- ``(1) Analysis findings.--At the conclusion of the analysis described in subsection (a), the independent engineer shall submit a report containing the findings of such analysis to-- ``(A) the Secretary of Transportation; ``(B) the Inspector General of the Department of Transportation; ``(C) the Administrator of the Federal Highway Administration; and ``(D) the transportation department of the State in which the project is located. ``(2) Internal review.--The Inspector General of the Department of Transportation shall ensure compliance with the requirements under this section and shall submit a report describing such compliance to-- ``(A) the Secretary of Transportation; ``(B) the Administrator of the Federal Highway Administration; and ``(C) the appropriate congressional committees. ``(e) Authorization of Appropriations.--There are authorized to be appropriated $15,000,000 for each fiscal year to carry out this section.''. (2) Clerical amendment.--The table of sections in chapter 4 of title 23, United States Code, is amended by adding at the end the following: ``413. Independent safety reviews.''. SEC. 3. TUNNEL INSPECTIONS. (a) In General.--Section 151 of title 23, United States Code, is amended-- (1) in the section heading, by inserting ``and tunnel'' after ``bridge''; (2) in subsections (a) and (c), by inserting ``and Tunnel'' after ``Bridge'' each place it appears in the subsection headings; (3) by inserting ``and tunnel'' after ``bridge'' each place it appears; (4) by inserting ``and tunnels'' after ``bridges'' each place it appears; and (5) in subsection (d), by striking ``section 104(a), section 502, and section 144 of this title.'' and inserting ``sections 104(a), 144, and 502 for the bridge inspection program and sections 104(a) and 502 for the tunnel inspection program.''. (b) Surface Transportation Program.--Section 133(b)(1) of title 23, United States Code, is amended by inserting ``, tunnels (including safety inspections),'' after ``highways)''.

Safety and Accountability in Construction Act - Requires state transportation departments to submit project management plans for federal-aid highway projects to the Secretary of Transportation for approval. Authorizes the Secretary to contract with a qualified independent engineer to provide independent safety reviews of federally-financed highway projects if certain determinations are made. Requires the Secretary to establish a national tunnel inspection program (including national standards for the inspection of such tunnels). Authorizes states to obligate apportioned surface transportation program funds for: (1) the construction and repair of tunnels; and (2) tunnel safety inspections.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Energy Consumers Relief Act of 2015''. SEC. 2. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) Direct costs.--The term ``direct costs'' has the meaning given the term in chapter 8 of the report of the Environmental Protection Agency entitled ``Guidelines for Preparing Economic Analyses'' and dated December 17, 2010. (3) Energy-related rule that is estimated to cost more than $1,000,000,000.--The term ``energy-related rule that is estimated to cost more than $1,000,000,000'' means a rule of the Environmental Protection Agency that-- (A) regulates any aspect of the production, supply, distribution, or use of energy or provides for such regulation by States or other governmental entities; and (B) is estimated by the Administrator or the Director of the Office of Management and Budget to impose direct costs and indirect costs, in the aggregate, of more than $1,000,000,000. (4) Indirect costs.--The term ``indirect costs'' has the meaning given the term in chapter 8 of the report of the Environmental Protection Agency entitled ``Guidelines for Preparing Economic Analyses'' and dated December 17, 2010. (5) Rule.--The term ``rule'' has the meaning given to the term in section 551 of title 5, United States Code. (6) Secretary.--The term ``Secretary'' means the Secretary of Energy. SEC. 3. PROHIBITION AGAINST FINALIZING CERTAIN ENERGY-RELATED RULES THAT WILL CAUSE SIGNIFICANT ADVERSE EFFECTS TO THE ECONOMY. Notwithstanding any other provision of law, the Administrator may not promulgate as final an energy-related rule that is estimated to cost more than $1,000,000,000 if the Secretary determines under section 4(b)(3) that the rule will cause significant adverse effects to the economy. SEC. 4. REPORTS AND DETERMINATIONS PRIOR TO PROMULGATING AS FINAL CERTAIN ENERGY-RELATED RULES. (a) In General.--Before promulgating as final any energy-related rule that is estimated to cost more than $1,000,000,000, the Administrator shall carry out the requirements of subsection (b). (b) Requirements.-- (1) Report to congress.--The Administrator shall submit to Congress and the Secretary a report containing-- (A) a copy of the rule; (B) a concise general statement relating to the rule; (C) an estimate of the total costs of the rule, including the direct costs and indirect costs of the rule; (D)(i) an estimate of the total benefits of the rule and when such benefits are expected to be realized; (ii) a description of the modeling, the calculations, the assumptions, and the limitations due to uncertainty, speculation, or lack of information associated with the estimates under this subparagraph; and (iii) a certification that all data and documents relied upon by the Environmental Protection Agency in developing the estimates-- (I) have been preserved; and (II) are available for review by the public on the Web site of the Environmental Protection Agency, except to the extent to which publication of the data and documents would constitute disclosure of confidential information in violation of applicable Federal law; (E) an estimate of the increases in energy prices, including potential increases in gasoline or electricity prices for consumers, that may result from implementation or enforcement of the rule; and (F) a detailed description of the employment effects, including potential job losses and shifts in employment, that may result from implementation or enforcement of the rule. (2) Initial determination on increases and impacts.--The Secretary, in consultation with the Federal Energy Regulatory Commission and the Administrator of the Energy Information Administration, shall prepare an independent analysis to determine whether the rule will cause any-- (A) increase in energy prices for consumers, including low-income households, small businesses, and manufacturers; (B) impact on fuel diversity of the electricity generation portfolio of the United States or on national, regional, or local electric reliability; (C) adverse effect on energy supply, distribution, or use due to the economic or technical infeasibility of implementing the rule; or (D) other adverse effect on energy supply, distribution, or use, including a shortfall in supply and increased use of foreign supplies. (3) Subsequent determination on adverse effects to the economy.--If the Secretary determines under paragraph (2) that the rule will cause an increase, impact, or effect described in that paragraph, the Secretary, in consultation with the Administrator, the Secretary of Commerce, the Secretary of Labor, and the Administrator of the Small Business Administration, shall-- (A) determine whether the rule will cause significant adverse effects to the economy, taking into consideration-- (i) the costs and benefits of the rule and limitations in calculating the costs and benefits due to uncertainty, speculation, or lack of information; and (ii) the positive and negative impacts of the rule on economic indicators, including those related to gross domestic product, unemployment, wages, consumer prices, and business and manufacturing activity; and (B) publish the results of the determination made under subparagraph (A) in the Federal Register. SEC. 5. PROHIBITION ON USE OF SOCIAL COST OF CARBON IN ANALYSIS. (a) Definition of Social Cost of Carbon.--In this section, the term ``social cost of carbon'' means-- (1) the social cost of carbon as described in the technical support document entitled ``Technical Support Document: Technical Update of the Social Cost of Carbon for Regulatory Impact Analysis Under Executive Order 12866'', published by the Interagency Working Group on Social Cost of Carbon, United States Government, in May 2013 (or any successor or substantially related document); or (2) any other estimate of the monetized damages associated with an incremental increase in carbon dioxide emissions in a given year. (b) Prohibition on Use of Social Cost of Carbon in Analysis.-- Notwithstanding any other provision of law or any Executive order, the Administrator may not use the social cost of carbon to incorporate social benefits of reducing carbon dioxide emissions, or for any other reason, in any cost-benefit analysis relating to an energy-related rule that is estimated to cost more than $1,000,000,000 unless a Federal law is enacted authorizing the use.

Energy Consumers Relief Act of 2015 This bill requires the Environmental Protection Agency (EPA) to submit a report to Congress and the Department of Energy (DOE) before promulgating a final rule that regulates any aspect of the production, supply, distribution, or use of energy and that is estimated by the EPA or the Office of Management and Budget to impose aggregate costs of more than $1 billion. The report must contain: (1) an estimate of the total costs and benefits of the rule, (2) an estimate of the increases in energy prices that may result from implementation or enforcement of the rule, and (3) a detailed description of the employment effects that may result from implementation or enforcement of the rule. DOE must: (1) prepare an independent analysis to determine whether the rule will cause any increase in energy prices for consumers, any impact on fuel diversity of the nation's electricity generation portfolio or on electric reliability, or any adverse effect on energy supply, distribution, or use; and (2) determine whether the rule will cause significant adverse effects to the economy and publish the determination. The EPA may not promulgate the final rule if DOE determines that the rule will cause significant adverse effects to the economy. The EPA may not use the social cost of carbon in any cost-benefit analysis relating to an energy-related rule estimated to cost more than $1 billion unless a federal law is enacted authorizing such use. The social cost of carbon is an estimate of the monetized damages associated with an incremental increase in carbon dioxide emissions in a given year.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Sage-Grouse Accountability and Private Conservation Act of 2014''. SEC. 2. FINDINGS. Congress finds that-- (1) pursuant to the court-approved work schedule described in the Joint Motion for Approval of Settlement Agreement and Order of Dismissal of Guardians Claims entitled ``In Re Endangered Species Act Section 4 Deadline Litigation'' (D.D.C. 2011), not later than September 30, 2015, the Secretary is scheduled to issue a decision on whether to proceed with listing the greater sage-grouse as a threatened or endangered species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); (2) the Federal Government, through programs of the Department of the Interior and the Department of Agriculture, has invested substantial funds on greater and Gunnison sage- grouse conservation efforts to avoid the greater and Gunnison sage-grouse being listed as threatened or endangered species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); (3) State wildlife management agencies have prepared, and as of the date of enactment of this Act are in the process of implementing, greater and Gunnison sage-grouse conservation plans to complement the conservation efforts of the Federal Government; (4) private investment in conservation efforts, independently and in conjunction with Federal cost-share conservation easement programs, has been significant; (5) through a combination of Federal, State, and private efforts, significant conservation progress is being made, and further progress will be made following full implementation of State management plans and new Federal conservation programs; and (6) farmers, ranchers, developers, and small businesses need certainty, and further clarity on the likelihood of a listing decision will provide that certainty. SEC. 3. DEFINITION OF SECRETARY. In this Act, the term ``Secretary'' means the Secretary of the Interior. SEC. 4. GREATER SAGE-GROUSE REPORTING REQUIREMENT. (a) In General.--Not later than December 15, 2014, the Secretary shall submit to the appropriate committees of Congress a report on the status of greater sage-grouse conservation efforts. (b) Contents.--In the report required under subsection (a), the Secretary shall include-- (1) a description of public and private programs and expenditures, including State and Federal Government agencies, relating to greater sage-grouse conservation; (2) a description of State management plans, including plans that have been announced but not yet implemented; (3) a description of Bureau of Land Management plans, or plans by any other land management agencies, relating to greater sage-grouse conservation; (4) in accordance with subsection (c), a description of the metrics that, at the discretion of the Secretary, will be used to make a determination of whether the greater sage-grouse should be listed as threatened or endangered under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); (5) any outcome under the programs, expenditures, or plans referred to in paragraphs (1) through (3) that can be measured by the metrics described in subsection (c); and (6) any recommendations to Congress for legislative actions that could provide certainty to farmers, ranchers, developers, and small businesses and could assist in the conservation of the greater sage-grouse. (c) Reported Metrics.--The metrics referred to in subsection (b)(4) may include-- (1) the quantity of acres enrolled in sagebrush and habitat protection in conservation programs established under title XII of the Food Security Act of 1985 (16 U.S.C. 3801 et seq.) or other conservation programs of the Department of Agriculture, including conservation easements, land purchases or swaps, vegetation management or habitat enhancement programs, and fuels management programs; (2) data on nonfire related habitat restoration efforts, including native, nonnative, and mixed seeding efforts; (3) data on mine reclamation and subsequent restoration efforts intended to restore greater sage-grouse habitat; (4) data on conifer removal; (5) data on presuppression fire efforts, including-- (A) the number of acres associated with fuels management programs; and (B) the number of miles associated with fire breaks; (6) data on habitat restoration, including postfire restoration efforts involving native, nonnative, and mixed seeding; (7) data on structure removal, power line burial, power line retrofitting or modification, fence modification, fence marking, and fence removal; (8) for livestock and rangeland management, data on allotment closure and road closure; (9) for travel management, data on road and trail closure and trail rerouting; (10) data on greater sage-grouse translocation efforts, including the number of greater sage-grouse translocated, the age of each translocated greater sage-grouse, and the sex of each translocated greater sage-grouse; and (11) any other data or metric the Secretary may examine in making the decision on whether to list the greater sage-grouse as a threatened or endangered species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.). SEC. 5. AGRICULTURAL LAND EASEMENTS. (a) In General.--Section 1265B(b)(2)(C)(i) of the Food Security Act of 1985 (16 U.S.C. 3865b(b)(2)(C)(i)) is amended-- (1) by striking ``Grasslands'' and inserting ``In general''; and (2) by inserting ``and land with greater or Gunnison sage- grouse habitat of special environmental significance'' after ``significance''. (b) Considerations.--Section 1265B(b)(3)(B) of the Food Security Act of 1985 (16 U.S.C. 3865b(b)(3)(B)) is amended-- (1) in clause (i), by striking ``and'' after the semicolon at the end; (2) in clause (ii), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(iii) maximizing the protection of greater or Gunnison sage-grouse habitat.''.

Sage-Grouse Accountability and Private Conservation Act of 2014 - Directs the Department of the Interior to report on the status of the greater sage-grouse conservation efforts by December 15, 2014. Requires the report to include a description of: (1) public (federal and state) and private programs and expenditures, (2) existing state management plans as well as plans that have been announced but not yet implemented, and (3) plans by land management agencies. Authorizes the Department of Agriculture (USDA) to provide funding under its agricultural land easements program for a conservation easement in an amount that is up to 75% of the value of land with greater or Gunnison sage-grouse habitat of special environmental significance. Adds maximizing the protection of that habitat as a consideration when ranking applications to the program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Pension Assistance and Counseling Act of 1999''. SEC. 2. PENSION COUNSELING PROGRAMS. Title VII of the Older Americans Act of 1965 (42 U.S.C. 3058 et seq.) is amended-- (1) by redesignating subtitle C as subtitle D; (2) by redesignating sections 761 through 764 as sections 791 through 794, respectively; and (3) by inserting after subtitle B the following: ``Subtitle C--Pension Counseling ``SEC. 761. PENSION COUNSELING PROGRAM. ``(a) Definitions.--In this section: ``(1) Pension and other retirement benefits.--The term `pension and other retirement benefits' means private, civil service, and other public pensions and retirement benefits, including benefits provided under-- ``(A) the Social Security program carried out under title II of the Social Security Act (42 U.S.C. 401 et seq.); ``(B) the railroad retirement program carried out under the Railroad Retirement Act of 1974 (45 U.S.C. 231 et seq.); ``(C) the government retirement benefits programs carried out under-- ``(i) the Civil Service Retirement System set forth in subchapter III of chapter 83 of title 5, United States Code; ``(ii) the Federal Employees Retirement System set forth in chapter 84 of title 5, United States Code; ``(iii) title 10, United States Code; or ``(iv) any other government retirement system, including any Government pension plan as such term is defined under section 9502 of title 31, United States Code; or ``(D) the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1001 et seq.). ``(2) Pension counseling program.--The term `pension counseling program' means a program described in subsection (c). ``(b) Establishment.--The Assistant Secretary shall establish and carry out pension counseling projects. In carrying out the projects, the Assistant Secretary shall award grants under subsection (c) and (d). ``(c) Pension Counseling Programs.-- ``(1) Use of funds.--In carrying out the projects specified in subsection (b), the Assistant Secretary shall award grants to eligible entities to establish programs that create or continue a sufficient number of pension assistance and counseling projects to provide outreach, information, counseling, referral, and other assistance regarding pension and other retirement benefits, and rights related to such benefits, to individuals throughout the United States. ``(2) Award of grants.-- ``(A) Type of entity.--The Assistant Secretary shall award under this subsection-- ``(i) grants to State agencies or area agencies on aging; and ``(ii) grants to nonprofit organizations with a proven record of providing-- ``(I) services related to retirement of older individuals; or ``(II) specific pension counseling. ``(B) Panel.--In awarding grants under this subsection, the Assistant Secretary shall use a citizen advisory panel that shall include representatives of business, labor, national senior advocates, and national pension rights advocates. ``(C) Criteria.--In awarding grants under this subsection, the Assistant Secretary, after consultation with the panel, shall use as criteria-- ``(i) evidence of commitment of an agency or organization to carry out a proposed pension counseling program; ``(ii) the ability of the agency or organization to perform effective outreach to affected populations, particularly populations identified as in need of special outreach; ``(iii) reliable information that the population to be served by the agency or organization has a demonstrable need for the services proposed to be provided under the program; and ``(iv) evidence of ability of the agency or organization to provide services under the program on a statewide or regional basis. ``(3) Application.-- ``(A) In general.--To be eligible to receive a grant under this subsection, an entity shall submit an application to the Assistant Secretary at such time, in such manner, and containing such information as the Assistant Secretary may require, including, at a minimum-- ``(i) a plan for the establishment of a pension counseling program to serve a specific geographic area; and ``(ii) an assurance that staff members (including volunteer staff members) have no conflict of interest in providing the services described in the plan. ``(B) Plan.--The plan described in subparagraph (A) shall provide for a program that-- ``(i) establishes or continues a State or area pension counseling service; ``(ii) provides counseling (including direct counseling and assistance to individuals needing information) and information that may assist individuals in establishing rights to, obtaining, and filing claims or complaints related to, pension and other retirement benefits; ``(iii) provides information on sources of pension and other retirement benefits, including the benefits under programs described in subsection (a)(1); ``(iv) makes referrals to legal services and other advocacy programs; ``(v) establishes a system of referral to Federal, State, and local departments or agencies related to pension and other retirement benefits; ``(vi) provides a sufficient number of staff positions (including volunteer positions) to ensure information, counseling, referral, and assistance regarding pension and other retirement benefits; ``(vii) provides training programs for staff members, including volunteer staff members of the programs described in subsection (a)(1); ``(viii) makes recommendations to the Administration, the Department of Labor, and other Federal, State, and local agencies concerning issues for older individuals related to pension and other retirement benefits; and ``(ix) establishes or continues to provide projects to provide outreach, information, counseling, referral, and other assistance regarding pension and other retirement benefits, with particular emphasis on outreach to women, minorities, and low-income retirees. ``(d) Training and Technical Assistance Program.-- ``(1) Use of funds.--In carrying out the projects described in subsection (b), the Assistant Secretary shall award a grant to an eligible entity to establish a training and technical assistance program to provide-- ``(A) information and technical assistance to the staffs of entities operating pension counseling programs; and ``(B) assistance to the entities, including assistance in designing program evaluation tools. ``(2) Eligible entity.--Entities eligible to receive grants under this subsection include nonprofit private organizations with records of providing national information, referral, and advocacy in matters related to pension and other retirement benefits. ``(3) Application.--To be eligible to receive a grant under this subsection, an entity shall submit an application to the Assistant Secretary at such time, in such manner, and containing such information as the Assistant Secretary may require. ``(e) Pension Assistance Hotline and Interagency Coordination.--The Assistant Secretary shall enter into interagency agreements for the establishment and operation of, and dissemination of information about, a telephone hotline for individuals seeking outreach, information, counseling, referral, and assistance regarding pension and other retirement benefits, and rights related to such benefits. The Assistant Secretary shall also enter into agreements with the Secretary of Labor and with the heads of other Federal agencies that regulate the provision of pension and other retirement benefits, as the Assistant Secretary determines to be appropriate, in order to carry out this subsection and to develop a nationwide public-private pension assistance system. ``(f) Report to Congress.-- ``(1) Preparation.--The Assistant Secretary shall prepare a report that-- ``(A) summarizes the distribution of funds authorized for grants under this section and the expenditure of such funds; ``(B) summarizes the scope and content of training and assistance provided under a program carried out under this section and the degree to which the training and assistance can be replicated; ``(C) outlines the problems that individuals participating in programs funded under this section encountered concerning rights related to pension and other retirement benefits; and ``(D) makes recommendations regarding the manner in which services provided in programs funded under this section can be incorporated into the ongoing programs of State agencies, area agencies on aging, multipurpose senior centers, and other similar entities. ``(2) Submission.--Not later than 30 months after the date of enactment of this section, the Assistant Secretary shall submit the report described in paragraph (1) to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate. ``(g) Administrative Expenses.--Of the funds appropriated under subsection (h) to carry out this section for a fiscal year, not more than $100,000 may be used by the Administration for administrative expenses in carrying out this section. ``(h) 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 2000 through 2003.''. SEC. 3. TECHNICAL AND CONFORMING AMENDMENTS. (a) Repealer.--Section 429J of the Older Americans Act of 1965 (42 U.S.C. 3035r) is repealed. (b) Conforming Amendment.--Subsection (b) of section 794 of the Older Americans Act of 1965 (as redesignated in section 2(2)) is amended by striking ``entities described in section 751(c)'' and inserting ``persons and entities described in section 793(b)''.

Specifies that such grants shall be awarded to: (1) State agencies or area agencies on aging; (2) nonprofit organizations with a proven record of providing services related to retirement of older individuals or specific pension counseling; and (3) an eligible entity to establish a training and technical assistance program to provide information and technical assistance to the staffs of entities operating pension counseling programs and assistance to such entities, including assistance in designing program evaluation tools. Makes nonprofit private organizations with records of providing national information, referral, and advocacy in matters related to pension and other retirement benefits eligible to receive training and technical assistance grants. Requires the Assistant Secretary to enter into: (1) interagency agreements for the establishment and operation of, and dissemination of information about, a telephone hotline for individuals seeking outreach, information, counseling, referral, and assistance regarding pension and other retirement benefits, and rights related to such benefits; and (2) agreements with the Secretary of Labor and with the heads of other Federal agencies that regulate the provision of pension and other retirement benefits, as appropriate, in order to carry out this Act and to develop a nationwide public-private pension assistance system. Authorizes appropriations. Repeals provisions of the Act that establish pension rights demonstration projects.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Scientifically Identifying the Need for Critical Habitat Act''. SEC. 2. DISCRETIONARY AUTHORITY TO DESIGNATE CRITICAL HABITAT. Section 4(a)(3) of the Endangered Species Act of 1973 (16 U.S.C. 1533(a)(3)(A)) is amended to read as follows: ``(A) may designate any habitat of a species that is determined under paragraph (1) to be an endangered species or threatened species as critical habitat of such species; and ''. SEC. 3. SOUND SCIENCE. (a) Best Scientific and Commercial Data Available.-- (1) In general.--Section 3 of the Endangered Species Act of 1973 (16 U.S.C. 1532) is amended-- (A) by amending the section heading to read as follows: ``SEC. 3. DEFINITIONS AND GENERAL PROVISIONS. ''; (B) by striking ``For the purposes of this Act--'' and inserting the following: ``(a) Definitions.--In this Act:''; and (C) by adding at the end the following: ``(b) Use of Certain Data.--In any case in which the Secretary is required by this Act to use the best scientific and commercial data available, the Secretary, in evaluating comparable data, shall give greater weight to scientific or commercial data that is empirical or has been field-tested or peer-reviewed.''. (2) Conforming amendment.--The table of contents in the first section of the Endangered Species Act of 1973 (16 U.S.C. prec. 1531) is amended by striking the item relating to section 3 and inserting the following: ``Sec. 3. Definitions and general provisions.''. (b) Use of Sound Science in Listing.--Section 4(b) of the Endangered Species Act of 1973 (16 U.S.C. 1533(b)) is amended by adding at the end the following: ``(9) Establishment of criteria for scientific studies to support listing.--Not later than 1 year after the date of enactment of this paragraph, the Secretary shall promulgate regulations that establish criteria that must be met for scientific and commercial data to be used as the basis of a determination under this section that a species is an endangered species or a threatened species. ``(10) Field data.-- ``(A) Requirement.--The Secretary may not determine that a species is an endangered species or a threatened species unless the determination is supported by data obtained by observation of the species in the field. ``(B) Data from landowners.--The Secretary shall-- ``(i) accept and acknowledge receipt of data regarding the status of a species that is collected by an owner of land through observation of the species on the land; and ``(ii) include the data in the rulemaking record compiled for any determination that the species is an endangered species or a threatened species.''. (c) Use of Sound Science in Recovery Planning.--Section 4(f) of the Endangered Species Act of 1973 (16 U.S.C. 1533(f)) is amended by adding at the end the following: ``(6)(A) The Secretary shall identify and publish in the Federal Register with the notice of a proposed regulation pursuant to paragraph (5)(A)(i) a description of additional scientific and commercial data that would assist in the preparation of a recovery plan and-- ``(i) invite any person to submit the data to the Secretary; and ``(ii) describe the steps that the Secretary plans to take for acquiring additional data. ``(B) Data identified and obtained under subparagraph (A)(i) shall be considered by the recovery team and the Secretary in the preparation of the recovery plan in accordance with section 5.''. SEC. 4. PEER REVIEW. Section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533) is amended by adding at the end the following: ``(j) Independent Scientific Review Requirements.-- ``(1) Definitions.--In this subsection: ``(A) Action.--The term `action' means-- ``(i) the determination that a species is an endangered species or a threatened species under subsection (a); ``(ii) the determination under subsection (a) that an endangered species or a threatened species be removed from any list published under subsection (c)(1); ``(iii) the development of a recovery plan for a threatened species or endangered species under subsection (f); and ``(iv) the determination that a proposed action is likely to jeopardize the continued existence of a listed species and the proposal of any reasonable and prudent alternatives by the Secretary under section 7(b)(3). ``(B) Qualified individual.--The term `qualified individual' means an individual with expertise in the biological sciences-- ``(i) who through publication of peer- reviewed scientific literature or other means, has demonstrated scientific expertise on the species or a similar species or other scientific expertise relevant to the decision of the Secretary under subsection (a) or (f); ``(ii) who does not have, or represent any person with, a conflict of interest with respect to the determination that is the subject of the review; ``(iii) who is not a participant in any petition or proposed or final determination before the Secretary; and ``(iv) who has no direct financial interest, and is not employed by any person with a direct financial interest, in opposing the action under consideration. ``(2) List of independent scientific reviewers.--The Secretary shall solicit recommendations from the National Academy of Sciences and develop and maintain a list of qualified reviewers to participate in independent scientific review actions. ``(3) Appointment of independent scientific reviewers.--(A) Before any action shall become final, the Secretary shall appoint randomly, from among the list prepared in accordance with this section, 3 qualified individuals who shall review and report to the Secretary on the scientific information and analyses on which the proposed action is based. ``(B) The selection and activities of the referees selected pursuant to this section shall not be subject to the Federal Advisory Committee Act (5 U.S.C. App.). ``(C) Reviewers shall be compensated for conducting the independent review. ``(4) Opinion of peer reviewers.--Independent reviewers shall provide the Secretary, within 3 months, their opinion regarding all relevant scientific information and assumptions relating to the taxonomy, population models, and supportive biological and ecological information for the species in question. ``(5) Final determination.--If the referees have made a recommendation on a proposed action, the Secretary shall evaluate and consider the information that results from the independent scientific review and include in the final determination-- ``(A) a summary of the results of the independent scientific review; and ``(B) in a case in which the recommendation of a majority of the referees who conducted the independent scientific review is not followed, an explanation as to why the recommendation was not followed. ``(6) Public notice.--The report of the peer reviewers shall be included in the official record of the proposed action and shall be available for public review prior to the close of the comment period on the proposed action.''. SEC. 5. IMPROVED RECOVERY PLANNING. (a) Use of Information Provided by States.--Section 7(b)(1) of the Endangered Species Act of 1973 (16 U.S.C. 1536(b)(1)) is amended by adding at the end the following: ``(C) Use of state information.--In conducting a consultation under subsection (a)(2), the Secretary shall actively solicit and consider information from the State agency in each affected State.''. (b) Opportunity to Participate in Consultations.--Section 7(b)(1) of the Endangered Species Act of 1973 (16 U.S.C. 1536(b)(1)) (as amended by subsection (a)) is further amended by adding at the end the following: ``(D) Opportunity to participate in consultations.-- ``(i) In general.--In conducting a consultation under subsection (a)(2), the Secretary shall provide any person who has sought authorization or funding from a Federal agency for an action that is the subject of the consultation, the opportunity to-- ``(I) before the development of a draft biological opinion, submit and discuss with the Secretary and the Federal agency information relevant to the effect of the proposed action on the species and the availability of reasonable and prudent alternatives (if a jeopardy opinion is to be issued) that the Federal agency and the person can take to avoid violation of subsection (a)(2); ``(II) receive information, on request, subject to the exemptions specified in section 552(b) of title 5, United States Code, on the status of the species, threats to the species, and conservation measures, used by the Secretary to develop the draft biological opinion and the final biological opinion, including the associated incidental taking statements; and ``(III) receive a copy of the draft biological opinion from the Federal agency and, before issuance of the final biological opinion, submit comments on the draft biological opinion and discuss with the Secretary and the Federal agency the basis for any finding in the draft biological opinion. ``(ii) Explanation.--If reasonable and prudent alternatives are proposed by a person under clause (i) and the Secretary does not include the alternatives in the final biological opinion, the Secretary shall explain to the person why those alternatives were not included in the opinion. ``(iii) Public access to information.-- Comments and other information submitted to, or received from, any person (pursuant to clause (i)) who seeks authorization or funding for an action shall be maintained in a file for that action by the Secretary and shall be made available to the public (subject to the exemptions specified in section 552(b) of title 5, United States Code).''.

Scientifically Identifying the Need for Critical Habitat Act - Amends the Endangered Species Act of 1973 to change from mandatory to discretionary the authority of the Secretary of the Interior to designate critical habitat of an endangered or threatened species. Directs the Secretary, when required by the Act to use the best scientific and commercial data available, in evaluating comparable data to give greater weight to such data that is empirical or has been field-tested or peer-reviewed. Specifies requirements for the use of sound science in the listing of endangered or threatened species such as: (1) the establishment of criteria for scientific studies to support the listing; (2) use of data obtained by observation of the species in the field; and (3) use of data from landowners who have observed such species on their land. Requires the use of sound science in the preparation of a recovery plan for an endangered or threatened species. Sets forth requirements for: (1) peer review before certain action can become final with respect to endangered or threatened species; and (2) use of information provided by States affected by such species or their habitat for recovery plans.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Lower East Side Tenement National Historic Site Act of 1994''. SEC. 2. DEFINITIONS. As used in this Act: (1) The term ``historic site'' means the Lower East Side Tenement National Historic Site established by section 4. (2) The term ``Museum'' means the Lower East Side Tenement Museum, an education corporation chartered under the laws of the State of New York. (3) The term ``Secretary'' means the Secretary of the Interior. SEC. 3. FINDINGS AND PURPOSES. (a) Findings.--The Congress finds that-- (1) the Lower East Side Tenement at 97 Orchard Street, New York, New York, is an outstanding survivor of the vast number of humble buildings in New York City that housed immigrants to the United States during the greatest wave of immigration in American history; (2) the Lower East Side Tenement is well suited to represent a profound social movement involving great numbers of unexceptional but courageous people; (3) between 1880 and 1921, almost three-quarters of the immigrants to the United States entered the country through New York Harbor, most passed through immigration stations at Ellis Island and, earlier, Castle Clinton, both of which have been designated as national monuments, and millions of these immigrants made their way to the Lower East Side of New York City; (4) no other single identifiable neighborhood in the United States absorbed a comparable number of immigrants; (5) the Museum is dedicated to interpreting immigrant life on the Lower East Side and its importance to United States history, and is located within a neighborhood long associated with the immigrant experience in America; (6) the tenement building at 97 Orchard Street has been designated as a National Historic Landmark, has been found to be historically significant, and possesses a historic fabric of exceptional integrity dating from the period of peak immigration to the United States; and (7) the National Park Service has found the Lower East Side Tenement to be nationally significant and to be best protected and interpreted through designation as an affiliated area of the National Park System while remaining under private ownership and management. (b) Purposes.--The purposes of this Act are-- (1) to assure the preservation, maintenance, and interpretation of the Lower East Side Tenement and to interpret, in the tenement and the surrounding neighborhood, the themes of early tenement life, the housing reform movement, and tenement architecture in the United States; (2) to assure the continuation at this site of the Lower East Side Tenement, the preservation of which is necessary for the continued interpretation of the nationally significant immigrant phenomenon associated with the Lower East Side of New York City and the role of the phenomenon in the history of immigration to the United States; and (3) to enhance the interpretation of the Castle Clinton National Monument and Ellis Island National Monument through cooperation with the Lower East Side Tenement National Historic Site. SEC. 4. DESIGNATION OF HISTORIC SITE. In order to further the purposes of this Act and the Act of August 21, 1935 (49 Stat. 666; 16 U.S.C. 461 et seq.), the Lower East Side Tenement at 97 Orchard Street, New York, New York, is hereby designated as a national historic site. SEC. 5. COOPERATIVE AGREEMENT. (a) In General.--In furtherance of the purposes of this Act and the Act of August 21, 1935 (49 Stat. 666; 16 U.S.C. 461 et seq.), the Secretary may enter into a cooperative agreement with the Museum to effectuate the purposes of this Act. (b) Technical and Financial Assistance.--Any agreement entered into under subsection (a) may include provisions by which the Secretary will provide technical assistance to mark, restore, interpret, operate, and maintain the historic site. Such an agreement may also include provisions by which the Secretary will provide financial assistance to mark, interpret, and restore the historic site (including financial assistance for the making of preservation-related capital improvements and repairs, but not including financial assistance for other routine operations). (c) Additional Provisions.--Any agreement entered into under subsection (a) shall contain provisions that-- (1) the Secretary, acting through the National Park Service, shall have the right of access at all reasonable times to all public portions of the property covered by such agreement for the purpose of conducting visitors through such property and interpreting the property to the public; and (2) no changes or alterations may be made in property covered by the agreement except by mutual agreement between the Secretary and the other parties to the agreement entered into under subsection (a). SEC. 6. REPORT. The Museum shall, as a condition of the receipt of any assistance under this Act, provide to the Secretary and to the Congress an annual report documenting the activities and expenditures for which any such assistance was used during the fiscal year preceding the report. SEC. 7. APPROPRIATIONS. There is hereby authorized to be appropriated $6,400,000 to carry out the purposes of this Act, such sums to remain available until expended. Amend the title so as to read: ``A bill to establish the Lower East Side Tenement National Historic Site.''.

Lower East Side Tenement National Historic Site Act of 1994 - Designates the Lower East Side Tenement at 97 Orchard Street, New York, New York, as a National Historic Site. Authorizes the Secretary of the Interior to enter into a cooperative agreement with the Lower East Side Tenement Museum to assure preservation, interpretation and continuation of the Site. Requires the Museum, as a condition of the receipt of any assistance under this Act, to report annually to the Secretary of the Interior and to the Congress on the activities and expenditures for which any such assistance was used during the fiscal year preceding the report. Authorizes appropriations.

SECTION 1. TEMPORARY REDUCTION IN FUEL TAXES ON GASOLINE, DIESEL FUEL, KEROSENE, AND AVIATION FUEL. (a) In General.--Section 4081 of the Internal Revenue Code of 1986 (relating to imposition of tax on gasoline, diesel fuel, and kerosene) is amended by adding at the end the following new subsection: ``(f) Temporary Reduction in Taxes on Gasoline, Diesel Fuel, and Kerosene.-- ``(1) In general.--During the applicable period, each rate of tax referred to in paragraph (2) shall be reduced by the applicable cents per gallon. ``(2) Rates of tax.--The rates of tax referred to in this paragraph are the rates of tax otherwise applicable under-- ``(A) clause (i), (ii), (iii) of subsection (a)(2)(A) (relating to gasoline, diesel fuel, and kerosene), and ``(B) paragraph (1) of section 4041(a) (relating to diesel fuel) with respect to fuel sold for use or used in a diesel-powered highway vehicle. ``(3) Applicable cents per gallon.--For purposes of this subsection and section 4091(e)(1), the applicable cents per gallon for each rate of tax referred to in paragraph (2) and section 4091(b)(1) shall be an amount determined by the Secretary, after consultation with the Director of the Office of Management and Budget, such that each such rate of tax is reduced in a pro rata manner and that the resulting aggregate reduction in revenues to the Treasury shall not exceed the Federal on-line budget surplus during the applicable period. ``(4) Maintenance of trust fund deposits.--In determining the amounts to be appropriated to the Highway Trust Fund under section 9503 and the Airport and Airway Trust Fund under section 9502, an amount equal to the reduction in revenues to the Treasury by reason of this subsection shall be treated as taxes received in the Treasury under this section. ``(5) Applicable period.--For purposes of this subsection, the term `applicable period' means the period beginning after April 15, 2000, and ending before January 1, 2001.'' (b) Aviation Fuel.--Section 4091 of the Internal Revenue Code of 1986 (relating to imposition of tax on aviation fuel) is amended by adding at the end the following new subsection: ``(e) Temporary Reduction in Tax on Aviation Fuel.-- ``(1) In general.--During the applicable period, the rate of tax otherwise applicable under subsection (b)(1) shall be reduced by the applicable cents per gallon determined under section 4081(f)(3). ``(2) Maintenance of trust fund deposits.--In determining the amounts to be appropriated to the Airport and Airway Trust Fund under section 9502, an amount equal to the reduction in revenues to the Treasury by reason of this subsection shall be treated as taxes received in the Treasury under this section. ``(3) Applicable period.--For purposes of this subsection, the term `applicable period' means the period beginning after April 15, 2000, and ending before January 1, 2001.'' (c) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act. SEC. 2. FLOOR STOCK REFUNDS. (a) In General.--If-- (1) before the tax reduction date, tax has been imposed under section 4081 or 4091 of the Internal Revenue Code of 1986 on any liquid, and (2) on such date such liquid is held by a dealer and has not been used and is intended for sale, there shall be credited or refunded (without interest) to the person who paid such tax (hereafter in this section referred to as the ``taxpayer'') an amount equal to the excess of the tax paid by the taxpayer over the amount of such tax which would be imposed on such liquid had the taxable event occurred on the tax reduction date. (b) Time for Filing Claims.--No credit or refund shall be allowed or made under this section unless-- (1) claim therefor is filed with the Secretary of the Treasury before the date which is 6 months after the tax reduction date, and (2) in any case where liquid is held by a dealer (other than the taxpayer) on the tax reduction date-- (A) the dealer submits a request for refund or credit to the taxpayer before the date which is 3 months after the tax reduction date, and (B) the taxpayer has repaid or agreed to repay the amount so claimed to such dealer or has obtained the written consent of such dealer to the allowance of the credit or the making of the refund. (c) Exception for Fuel Held in Retail Stocks.--No credit or refund shall be allowed under this section with respect to any liquid in retail stocks held at the place where intended to be sold at retail. (d) Definitions.--For purposes of this section-- (1) the terms ``dealer'' and ``held by a dealer'' have the respective meanings given to such terms by section 6412 of such Code; except that the term ``dealer'' includes a producer, and (2) the term ``tax reduction date'' means April 16, 2000. (e) Certain Rules To Apply.--Rules similar to the rules of subsections (b) and (c) of section 6412 of such Code shall apply for purposes of this section. SEC. 3. FLOOR STOCKS TAX. (a) Imposition of Tax.--In the case of any liquid on which tax would have been imposed under section 4081 or 4091 of the Internal Revenue Code of 1986 during the applicable period but for the amendments made by this Act, and which is held on the floor stocks tax date by any person, there is hereby imposed a floor stocks tax in an amount equal to the tax which would be imposed on such liquid had the taxable event occurred on the floor stocks tax date. (b) Liability for Tax and Method of Payment.-- (1) Liability for tax.--A person holding a liquid on the floor stocks tax date to which the tax imposed by subsection (a) applies shall be liable for such tax. (2) Method of payment.--The tax imposed by subsection (a) shall be paid in such manner as the Secretary shall prescribe. (3) Time for payment.--The tax imposed by subsection (a) shall be paid on or before the date which is 6 months after the floor stocks tax date. (c) Definitions.--For purposes of this section-- (1) Held by a person.--A liquid shall be considered as ``held by a person'' if title thereto has passed to such person (whether or not delivery to the person has been made). (2) Gasoline, diesel fuel, and aviation fuel.--The terms ``gasoline'', ``diesel fuel'', and ``aviation fuel'' have the respective meanings given such terms by sections 4083 and 4093 of such Code. (3) Floor stocks tax date.--The term ``floor stocks tax date'' means January 1, 2001. (4) Applicable period.--The term ``applicable period'' means the period beginning after April 15, 2000, and ending before January 1, 2001. (5) Secretary.--The term ``Secretary'' means the Secretary of the Treasury or the Secretary's delegate. (d) Exception for Exempt Uses.--The tax imposed by subsection (a) shall not apply to gasoline, diesel fuel, kerosene, or aviation fuel held by any person exclusively for any use to the extent a credit or refund of the tax imposed by section 4081 or 4091 of such Code is allowable for such use. (e) Exception for Fuel Held in Vehicle Tank.--No tax shall be imposed by subsection (a) on gasoline, diesel fuel, kerosene, or aviation fuel held in the tank of a motor vehicle, motorboat, or aircraft. (f) Exception for Certain Amounts of Fuel.-- (1) In general.--No tax shall be imposed by subsection (a)-- (A) on gasoline (other than aviation gasoline) held on the floor stocks tax date by any person if the aggregate amount of gasoline held by such person on such date does not exceed 4,000 gallons, and (B) on aviation gasoline, diesel fuel, kerosene, or aviation fuel held on such date by any person if the aggregate amount of aviation gasoline, diesel fuel, kerosene, or aviation fuel held by such person on such date does not exceed 2,000 gallons. The preceding sentence shall apply only if such person submits to the Secretary (at the time and in the manner required by the Secretary) such information as the Secretary shall require for purposes of this paragraph. (2) Exempt fuel.--For purposes of paragraph (1), there shall not be taken into account fuel held by any person which is exempt from the tax imposed by subsection (a) by reason of subsection (d) or (e). (3) Controlled groups.--For purposes of this subsection-- (A) Corporations.-- (i) In general.--All persons treated as a controlled group shall be treated as 1 person. (ii) Controlled group.--The term ``controlled group'' has the meaning given to such term by subsection (a) of section 1563 of such Code; except that for such purposes the phrase ``more than 50 percent'' shall be substituted for the phrase ``at least 80 percent'' each place it appears in such subsection. (B) Nonincorporated persons under common control.-- Under regulations prescribed by the Secretary, principles similar to the principles of subparagraph (A) shall apply to a group of persons under common control where 1 or more of such persons is not a corporation. (g) Other Law Applicable.--All provisions of law, including penalties, applicable with respect to the taxes imposed by section 4081 or 4091 of such Code shall, insofar as applicable and not inconsistent with the provisions of this subsection, apply with respect to the floor stock taxes imposed by subsection (a) to the same extent as if such taxes were imposed by such section 4081 or 4091. SEC. 4. BENEFITS OF TAX REDUCTION SHOULD BE PASSED ON TO CONSUMERS. (a) Passthrough to Consumers.-- (1) Sense of congress.--It is the sense of Congress that-- (A) consumers immediately receive the benefit of the reduction in taxes under this Act, and (B) transportation motor fuels producers and other dealers take such actions as necessary to reduce transportation motor fuels prices to reflect such reduction, including immediate credits to customer accounts representing tax refunds allowed as credits against excise tax deposit payments under the floor stocks refund provisions of this Act. (2) Study.-- (A) In general.--The Comptroller General of the United States shall conduct a study of the reduction of taxes under this Act to determine whether there has been a passthrough of such reduction. (B) Report.--Not later than September 30, 2000, the Comptroller General of the United States shall report to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives the results of the study conducted under subparagraph (A).

Expresses the sense of the Congress that consumers should immediately receive the benefit of the tax reduction through fuel price reductions. Requires a study to determine if there has been a passthrough of such reduction.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Historically Black Colleges and Universities Innovation Fund Act of 2014''. SEC. 2. HISTORICALLY BLACK COLLEGES AND UNIVERSITIES INNOVATION FUND. Title VII of the Higher Education Act of 1965 (20 U.S.C. 1133 et seq.) is amended by adding at the end the following: ``PART F--HISTORICALLY BLACK COLLEGES AND UNIVERSITIES INNOVATION FUND ``SEC. 786. PURPOSE. ``It is the purpose of this part to assist historically Black colleges and universities in planning, developing, implementing, validating, and replicating innovations that provide solutions to persistent challenges in enabling economically and educationally disadvantaged students to enroll in, persist through, and graduate from historically Black colleges and universities, including initiatives designed to-- ``(1) improve student achievement at historically Black colleges and universities; ``(2) increase successful recruitment at historically Black colleges and universities of-- ``(A) students from low-income families of all races; ``(B) adults; and ``(C) military-affiliated students; ``(3) increase the rate at which students enrolled in historically Black colleges and universities make adequate or accelerated progress towards graduation and successfully graduate from such colleges and universities; ``(4) increase the number of students pursuing and completing degrees in science, technology, engineering, and mathematics at historically Black colleges and universities and pursuing graduate work in such fields; ``(5) enhance the quality of teacher preparation programs offered by historically Black colleges and universities; ``(6) redesign course offerings and institutional student aid programs to help students obtain meaningful employment; and ``(7) expand the effective use of technology at historically Black colleges and universities. ``SEC. 787. DEFINITIONS. ``In this part: ``(1) Eligible entity.--The term `eligible entity' means-- ``(A) a part B institution as defined in section 322(2); ``(B) a part B institution, as so defined, applying in consortium with one or more other institutions of higher education; ``(C) a part B institution, as so defined, applying in consortium with one or more private nonprofit organizations; ``(D) a part B institution, as so defined, applying in consortium with one or more local educational agencies; or ``(E) a part B institution, as so defined, applying in a consortium that includes entities described in more than one of paragraphs (2), (3), or (4). ``(2) Historically black college or university.--The term `historically Black college or university' has the meaning given the term `part B institution' as defined in section 322(2). ``SEC. 788. GRANTS AUTHORIZED. ``(a) In General.--With funds made available for this part under section 792, the Secretary shall make competitive planning and implementation grants, as described in subsections (b) and (c), to eligible entities to enable such entities to plan for the implementation of, in the case of a planning grant, and implement, in the case of an implementation grant, innovations authorized under this part and to support the implementation, validation, scaling up, and replication of such innovations. ``(b) Planning Grants.-- ``(1) In general.--The Secretary shall use not more than $10,500,000 of the funds made available under section 792 to award planning grants to eligible entities to plan, design, and develop innovations that address the purpose of this part as described in section 786. ``(2) Duration.--A planning grant authorized under this subsection shall be for the duration of 1 year. ``(3) Grant amounts.--Each planning grant authorized under this subsection shall be of an amount that is not more than $100,000. ``(c) Implementation Grants.-- ``(1) In general.--With funds made available for this part under section 792, the Secretary shall award implementation grants to eligible entities to further develop, pilot, field- test, implement, document, validate, and, as applicable, scale up and replicate innovations that address the purpose of this part as described in section 786. ``(2) Duration.--An implementation grant authorized under this subsection shall be for a duration of 5 years, conditional after 3 years upon the eligible entity achieving satisfactory progress towards carrying out the educational innovations, activities, and projects described in section 789(d), as determined by the Secretary. ``(3) Grant amount.--Each planning grant authorized under this subsection shall be of an amount that is not more than $10,000,000. ``(d) Consortium Entities.-- ``(1) Fiscal agent.-- ``(A) In general.--In the case of an eligible entity described in subparagraph (B), (C), (D), or (E) of section 787(1), each part B institution, institution of higher education, private nonprofit organization, or educational agency that applied in consortium for a grant under this part shall agree on 1 such member of such eligible entity to serve as the fiscal agent of such entity. ``(B) Responsibilities.--The fiscal agent of an eligible entity, as described in subparagraph (A), shall act on behalf of such entity in performing the financial duties of such entity. ``(C) Written agreement.--The agreement described in subparagraph (A) shall be in writing and signed by each part B institution, institution of higher education, private nonprofit organization, or educational agency that applied in consortium with the selected fiscal agent for a grant under this part. ``(2) Subgrants.--In the case of an entity described in subparagraph (B), (C), (D), or (E) of section 787(1) that receives a grant under this part, the fiscal agent for such entity (as described in paragraph (1)) may make subgrants to another part B institution, institution of higher education, private nonprofit organization, or educational agency that applied in consortium for such grant with such fiscal agent. ``(e) Federal Share.-- ``(1) Planning grants.--The Federal share of the total cost of carrying out a project funded by a planning grant authorized under subsection (b) shall be 100 percent of such total cost. ``(2) Implementation grants.-- ``(A) In general.--The Federal share of the total cost of carrying out a project funded by an implementation grant authorized under subsection (c) shall be not more than 85 percent of such total cost. ``(B) Remaining cost.--An eligible entity that receives a grant under subsection (c) shall provide, from non-Federal sources, an amount equal to not less than 15 percent of the total cost of carrying out the project funded by the grant. Such amount may be provided by in cash or in kind contributions. ``SEC. 789. APPLICATIONS. ``(a) In General.--An eligible entity desiring a grant under this part shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require. ``(b) Consortium Entities.--An application under this section for a planning grant or an implementation grant by an eligible entity that is a part B institution applying for a grant under this part in consortium with another institution of higher education, private nonprofit organization, or educational agency, as described in subparagraph (B), (C), (D), or (E) of section 787(1), shall include the written agreement described in section 788(d)(1)(C). ``(c) Planning Grants.--The Secretary shall ensure that the application requirements under this section for a planning grant authorized under section 788(b) include, in addition to the requirement under subsection (b), only the minimal requirements that are necessary to review the proposed process of an eligible entity for the planning and development of one or more educational innovations that address the purpose of this part as described in section 786. ``(d) Implementation Grants.--An application under this section for an implementation grant authorized under section 788(c) shall include, in addition to the requirement under subsection (b), descriptions of-- ``(1) each educational innovation that the eligible entity will implement using the funds made available by such grant, including, as applicable, a description of the evidence supporting the effectiveness of each such innovation; ``(2) how each educational innovation proposed to be implemented under such grant will address the purpose of this part, as described in section 786, and how each such innovation will further the institutional or organizational missions of, as applicable, the part B institution and each institution of higher education, private nonprofit organization, and educational agency applying in consortium with such part B institution for such grant; ``(3) the specific activities that the eligible entity will carry out with funds made available by such grant, including, for a consortium application submitted by an eligible entity described in subparagraph (B), (C), (D), or (E) of section 787(1), a description of the activities that the part B institution and each institution of higher education, private nonprofit organization, and educational agency of the consortium will carry out and a description of the capacity of each such institution, organization, and educational agency to carry out such activities; ``(4) the performance measures that the eligible entity will use to track its progress in implementing each proposed educational innovation, including a description of how the entity will implement such performance measures and use information on performance to make adjustments and improvements to its implementation activities, as needed, over the course of the grant period; ``(5) how the eligible entity will provide the amount required under section 788(e)(2)(B); ``(6) how the eligible entity will provide for an independent evaluation of the implementation and impact of the projects funded by such grant that includes-- ``(A) an interim report (evaluating the progress made in the first 3 years of the grant); and ``(B) a final report (completed at the end of the grant period); and ``(7) the plan of the eligible entity for continuing each proposed educational innovation after the grant period has ended. ``SEC. 790. PRIORITY. ``In awarding grants under this part, the Secretary shall give priority to applications that address issues of major national need, including-- ``(1) educational innovations designed to increase the number of African-American males who attain a postsecondary degree; ``(2) innovative partnerships between part B institutions and local educational agencies that are designed to increase the enrollment and successful completion of historically underrepresented populations in higher education; ``(3) educational innovations that bring together the resources of part B institutions and partner institutions in support of economic development, entrepreneurship, and the commercialization of funded research and the development of an innovation ecosystem on postsecondary school campuses; ``(4) educational innovations that support developing programs and initiatives to support undergraduate and graduate programs in science, technology, engineering, and mathematics; and ``(5) educational innovations described in paragraphs (3) and (6) of section 791(b). ``SEC. 791. USE OF FUNDS. ``(a) Planning Grants.--An eligible entity receiving a planning grant authorized under section 788(b) shall use funds made available by such grant to conduct a comprehensive institutional planning process that includes-- ``(1) an assessment of the needs of the part B institution and, in the case of an eligible entity applying in a consortium described in subparagraph (B), (C), (D), or (E) of section 787(1), the needs of such other institution of higher education, private nonprofit organization, or educational agency; ``(2) research on educational innovations, consistent with the purpose of this part, as described in section 786, to meet the needs described in paragraph (1); ``(3) the selection of one or more such educational innovations to be implemented; ``(4) an assessment of the capacity of the part B institution and, in the case of an eligible entity applying in a consortium as described in subparagraph (B), (C), (D), or (E) of section 787(1), the capacity of such other institution of higher education, private nonprofit organization, or educational agency to implement each such educational innovation; and ``(5) activities to further develop such capacity. ``(b) Implementation Grants.--An eligible entity receiving an implementation grant under section 788(c) shall use the funds made available by such grant to further develop, pilot, field-test, implement, document, validate, and, as applicable, scale up and replicate educational innovations that address the purpose of this part, as described in section 786, such as educational innovations designed to-- ``(1) improve student achievement, such as through activities designed to increase the number or percentage of students who successfully complete developmental or remedial coursework (which may be accomplished through the evidence- based redesign of such coursework) and pursue and succeed in postsecondary studies; ``(2) improve and expand institutional recruitment, postsecondary school awareness, and postsecondary school preparation efforts targeting students, including high- achieving students, from low-income families, such as through activities undertaken in partnership with local educational agencies and nonprofit organizations (including the introduction of dual enrollment programs and the implementation of activities designed to enable more students to enter postsecondary education without the need for remediation); ``(3) increase the number or percentage of students, particularly students who are members of historically underrepresented populations, who enroll in science, technology, engineering, and mathematics courses, graduate with degrees in such fields, and pursue advanced studies in such fields; ``(4) increase (such as through the provision of comprehensive academic and nonacademic student support services) the number or percentage of students who make satisfactory or accelerated progress toward graduation from postsecondary school and the number or percentage of students who graduate from postsecondary school on time; ``(5) implement evidence-based improvements to courses, particularly high-enrollment courses, to improve student outcomes and reduce education costs for students, including costs of remedial courses; ``(6) enhance the quality of teacher preparation programs at part B institutions, to enable teachers at such institutions to be highly effective in the classroom and to enable such programs to meet the demands for accountability in teacher education; ``(7) expand the effective use of technology in higher education, such as through inter-institutional collaboration on implementing competency-based technology-enabled delivery models (including hybrid models) or through the use of open educational resources and digital content; and ``(8) provide a continuum of solutions by incorporating activities that address multiple objectives described in paragraphs (1) through (7). ``SEC. 792. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated such sums as may be necessary for fiscal years 2015 through 2020 to carry out the activities under this part.''.

Historically Black Colleges and Universities Innovation Fund Act of 2014 - Amends the Higher Education Act of 1965 to direct the Secretary of Education to award competitive one-year planning grants and five-year implementation grants to historically black colleges or universities to plan, develop, and implement educational innovations. Allows an historically black college or university to apply for such grants by itself or in a consortium with one or more other institutions of higher education, private nonprofit organizations, or local educational agencies (LEAs). Requires implementation grant recipients to use the grant to further develop, pilot, field-test, implement, document, validate, and, as applicable, scale up and replicate educational innovations, including those designed to: improve student achievement, such as through activities designed to increase the number or percentage of students who successfully complete developmental or remedial coursework and successfully pursue postsecondary studies; improve and expand institutional recruitment, postsecondary school awareness, and postsecondary school preparation efforts targeting students from low-income families, such as through activities undertaken in partnership with LEAs and nonprofit organizations; increase the number or percentage of students who enroll in science, technology, engineering, and mathematics (STEM) courses, graduate with STEM degrees, and pursue advanced STEM studies; increase the number or percentage of students who graduate from postsecondary school on time; implement evidence-based improvements to courses to improve student outcomes and reduce students' costs; enhance the quality of teacher preparation programs at historically black colleges or universities; and expand the effective use of technology in higher education. Makes the five-year duration of each implementation grant conditional after the third year of such grant on the Secretary determining that the grantee is achieving satisfactory progress in carrying out its educational innovations. Limits the federal share to not more than 85% of the total cost of carrying out a project funded by an implementation grant.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Medicare Telehealth Improvement Act of 2008''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Increase in number of types of originating sites. Sec. 3. Expansion of practitioners eligible to furnish telehealth services. Sec. 4. Improvement of process for updating the list of telehealth services. SEC. 2. INCREASE IN NUMBER OF TYPES OF ORIGINATING SITES. (a) Increase.--Section 1834(m)(4)(C)(ii) of the Social Security Act (42 U.S.C. 1395m(m)(4)(C)(ii)) is amended by adding at the end the following new subclauses: ``(VI) A skilled nursing facility (as defined in section 1819(a)). ``(VII) A renal dialysis facility. ``(VIII) A community mental health center (as defined in section 1861(ff)(3)(B)), a qualified community program described in 1913(b)(1) of the Public Health Service Act, and a county mental health clinic. ``(IX) Any other site that has a telecommunications system.''. (b) No Facility Fee for Certain Originating Sites.--Section 1834(m)(2) of the Social Security Act (42 U.S.C. 1395m(m)(2)) is amended-- (1) in subparagraph (B), in the matter preceding clause (i), by striking ``With respect'' and inserting ``Subject to subparagraph (D), with respect''; and (2) by adding at the end the following new subparagraph: ``(D) No facility fee for certain originating sites.-- ``(i) In general.--No facility fee shall be paid to an originating site described in paragraph (4)(C)(ii)(IX). ``(ii) No change in payment to distant site.--Clause (i) shall not be construed to affect the payment to a distant site under subparagraph (A).''. (c) Effective Date.--The amendments made by this section shall apply to services furnished on or after the date that is 90 days after the date of enactment of this Act. SEC. 3. EXPANSION OF PRACTITIONERS ELIGIBLE TO FURNISH TELEHEALTH SERVICES. (a) In General.--Section 1834(m) of the Social Security Act (42 U.S.C. 1395m(m)) is amended-- (1) in paragraph (1), by striking ``(as defined in section 1861(r)) or a practitioner (described in section 1842(b)(18)(C))'' and inserting ``or a practitioner''; and (2) in paragraph (4), by striking subparagraph (E) and inserting the following new subparagraph: ``(E) Practitioner.--The term `practitioner' means-- ``(i) a practitioner described in section 1842(b)(18)(C); ``(ii) a physical therapist (as described in section 1861(p)); ``(iii) an occupational therapist (as so described); ``(iv) a qualified speech-language pathologist (as defined in section 1861(ll)(3)(A)); ``(v) a qualified audiologist (as defined in section 1861(ll)(3)(B)); ``(vi) a certified provider (as described in section 1861(qq)(2)(A)); and ``(vii) any other individual or entity determined appropriate by the Secretary.''. (b) Effective Date.--The amendments made by subsection (a) shall apply to services furnished on or after the date that is 90 days after the date of enactment of this Act. SEC. 4. IMPROVEMENT OF PROCESS FOR UPDATING THE LIST OF TELEHEALTH SERVICES. (a) In General.--Section 1834(m)(4)(F)(ii) of the Social Security Act (42 U.S.C. 1395m(m)(4)(F)(ii)) is amended by adding at the end the following sentences: ``Such process shall require the Secretary to take into account the recommendations of the Telehealth Advisory Committee (as established under section 4(b) of the Medicare Telehealth Improvement Act of 2008) when adding or deleting services (and HCPCS codes). If the Secretary does not implement a recommendation of the Telehealth Advisory Committee, the Secretary shall publish in the Federal Register a statement regarding the reason such recommendation was not implemented.''. (b) Telehealth Advisory Committee.-- (1) Establishment.--On and after the date that is 6 months after the date of enactment of this Act, the Secretary of Health and Human Services (in this subsection referred to as the ``Secretary'') shall have in place a Telehealth Advisory Committee (in this subsection referred to as the ``Advisory Committee'') to make recommendations to the Secretary on the appropriate addition or deletion of services (and HCPCS codes) to those specified in paragraph (4)(F)(i) of section 1834(m) of the Social Security Act (42 U.S.C. 1395m(m)) for authorized payment under paragraph (1) of such section. (2) Membership; terms.-- (A) Membership.-- (i) In general.--The Advisory Committee shall be composed of 7 members, to be appointed by the Secretary, of whom-- (I) five shall be practicing physicians; and (II) two shall be practicing non- physician health care providers. (ii) Requirements for appointing members.-- In appointing members of the Advisory Committee, the Secretary shall-- (I) ensure that each member has prior experience with the practice of telemedicine or telehealth; (II) give preference to individuals who are currently providing telemedicine or telehealth services; (III) ensure that the membership of the Advisory Committee represents a balance of specialties and geographic regions; and (IV) take into account the recommendations of stakeholders. (B) Terms.--The members of the Advisory Committee shall serve for such term as the Secretary may specify. (3) Meetings.--The Advisory Committee shall meet twice per year and at such other times as the Advisory Committee may provide. (4) Permanent committee.--Section 14 of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Advisory Committee. (5) Waiver of administrative limitation.--The Secretary shall establish the Advisory Committee notwithstanding any limitation that may apply to the number of advisory committees that may be established (within the Department of Health and Human Services or otherwise).

Medicare Telehealth Improvement Act of 2008 - Amends title XVIII (Medicare) of the Social Security Act with respect to telehealth services to provide for: (1) an increase in the number of types of originating sites; (2) no facility fee for certain such sites; (3) expansion of practitioners eligible to furnish telehealth services; and (4) changes in the process for updating the list of telehealth services. Directs the Secretary of Health and Human Services to set up a Telehealth Advisory Committee to make recommendations on the appropriate addition or deletion of telehealth services and Healthcare Common Procedure Coding System (HCPCS) codes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Commodity Checkoff Program Improvement Act of 2016''. SEC. 2. FINDINGS. Congress finds that-- (1) the generic programs to promote and provide research and information for an agricultural commodity (commonly known as ``checkoff programs'') are intended to increase demand for all of that agricultural commodity and benefit all assessed producers of that agricultural commodity; (2) although the laws establishing checkoff programs broadly prohibit the use of funds in any manner for the purpose of influencing legislation or government action, checkoff programs have repeatedly been shown to use funds to influence policy directly or by partnering with organizations that lobby; (3) the unlawful use of checkoff programs funds benefits some agricultural producers while harming many others; (4) to more effectively prevent Boards from using funds for unlawful purposes, strict separation of engagement between the Boards and policy entities is necessary; (5) conflicts of interest in the checkoff programs allow special interests to use checkoff program funds for the benefit of some assessed agricultural producers at the expense of many others; (6) prohibiting conflicts of interest in checkoff programs is necessary to ensure the proper and lawful operation of the checkoff programs; (7) checkoff programs are designed to promote agricultural commodities, not to damage other types of agricultural commodities through anticompetitive conduct or otherwise; (8) prohibiting anticompetitive and similar conduct is necessary to ensure proper and lawful operation of checkoff programs; (9) lack of transparency in checkoff programs enables abuses to occur and conceals abuses from being discovered; and (10) requiring transparency in the expenditure of checkoff program funds is necessary to prevent and uncover abuses in checkoff programs. SEC. 3. DEFINITIONS. In this Act: (1) Board.--The term ``Board'' means a board, committee, or similar entity established to carry out a checkoff program or an order issued by the Secretary under a checkoff program. (2) Checkoff program.--The term ``checkoff program'' means a program to promote and provide research and information for a particular agricultural commodity without reference to specific producers or brands, including a program carried out under any of the following: (A) The Cotton Research and Promotion Act (7 U.S.C. 2101 et seq.). (B) The Potato Research and Promotion Act (7 U.S.C. 2611 et seq.). (C) The Egg Research and Consumer Information Act (7 U.S.C. 2701 et seq.). (D) The Beef Research and Information Act (7 U.S.C. 2901 et seq.). (E) The Wheat and Wheat Foods Research and Nutrition Education Act (7 U.S.C. 3401 et seq.). (F) The Floral Research and Consumer Information Act (7 U.S.C. 4301 et seq.). (G) Subtitle B of the Dairy Production Stabilization Act of 1983 (7 U.S.C. 4501 et seq.). (H) The Honey Research, Promotion, and Consumer Information Act (7 U.S.C. 4601 et seq.). (I) The Pork Promotion, Research, and Consumer Information Act of 1985 (7 U.S.C. 4801 et seq.). (J) The Watermelon Research and Promotion Act (7 U.S.C. 4901 et seq.). (K) The Pecan Promotion and Research Act of 1990 (7 U.S.C. 6001 et seq.). (L) The Mushroom Promotion, Research, and Consumer Information Act of 1990 (7 U.S.C. 6101 et seq.). (M) The Lime Research, Promotion, and Consumer Information Act of 1990 (7 U.S.C. 6201 et seq.). (N) The Soybean Promotion, Research, and Consumer Information Act (7 U.S.C. 6301 et seq.). (O) The Fluid Milk Promotion Act of 1990 (7 U.S.C. 6401 et seq.). (P) The Fresh Cut Flowers and Fresh Cut Greens Promotion and Information Act of 1993 (7 U.S.C. 6801 et seq.). (Q) The Sheep Promotion, Research, and Information Act of 1994 (7 U.S.C. 7101 et seq.). (R) Section 501 of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7401). (S) The Commodity Promotion, Research, and Information Act of 1996 (7 U.S.C. 7411 et seq.). (T) The Canola and Rapeseed Research, Promotion, and Consumer Information Act (7 U.S.C. 7441 et seq.). (U) The National Kiwifruit Research, Promotion, and Consumer Information Act (7 U.S.C. 7461 et seq.). (V) The Popcorn Promotion, Research, and Consumer Information Act (7 U.S.C. 7481 et seq.). (W) The Hass Avocado Promotion, Research, and Information Act of 2000 (7 U.S.C. 7801 et seq.). (3) Conflict of interest.--The term ``conflict of interest'' means a direct or indirect financial interest in a person or entity that performs a service for, or enters into a contract or agreement with, a Board for anything of economic value. (4) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. SEC. 4. PROHIBITIONS; PUBLICATION OF BUDGETS AND DISBURSEMENTS. (a) Prohibitions.-- (1) In general.--A Board shall not enter into any contract or agreement to carry out checkoff program activities with a party that engages in activities for the purpose of influencing any government policy or action that relates to agriculture. (2) Conflict of interest.--A Board shall not engage in, and shall prohibit the employees and agents of the Board, acting in their official capacity, from engaging in, any act that may involve a conflict of interest. (3) Other prohibitions.--A Board shall not engage in, and shall prohibit the employees and agents of the Board, acting in their official capacity, from engaging in-- (A) any anticompetitive activity; (B) any unfair or deceptive act or practice; or (C) any act that may be disparaging to another agricultural commodity or product. (b) Publication of Budgets and Disbursements.-- (1) In general.--The Board shall publish and make available for public inspection all budgets and disbursements of funds entrusted to the Board that are approved by the Secretary, immediately on approval by the Secretary. (2) Required disclosures.--In carrying out paragraph (1), the Board shall disclose-- (A) the amount of the disbursement; (B) the purpose of the disbursement, including the activities to be funded by the disbursement; (C) the identity of the recipient of the disbursement; and (D) the identity of any other parties that may receive the disbursed funds, including any contracts or subcontractors of the recipient of the disbursement. (c) Audits.-- (1) Periodic audits by inspector general of usda.-- (A) In general.--Not later than 2 years after the date of enactment of this Act, and not less frequently than every 5 years thereafter, the Inspector General of the Department of Agriculture shall conduct an audit to determine the compliance of each checkoff program with this section during the period of time covered by the audit. (B) Submission of reports.--On completion of each audit under subparagraph (A), the Inspector General of the Department of Agriculture shall-- (i) prepare a report describing the audit; and (ii) submit the report described in clause (i) to-- (I) the appropriate committees of Congress, including the Subcommittee on Antitrust, Competition Policy and Consumer Rights of the Committee on the Judiciary of the Senate; and (II) the Comptroller General of the United States. (2) Audit by comptroller general.-- (A) In general.--Not earlier than 3 years, and not later than 5 years, after the date of enactment of this Act, the Comptroller General of the United States shall-- (i) conduct an audit to assess-- (I) the status of actions taken for each checkoff program to ensure compliance with this section; and (II) the extent to which actions described in subclause (I) have improved the integrity of a checkoff program; and (ii) prepare a report describing the audit conducted under clause (i), including any recommendations for-- (I) strengthening the effect of actions described in clause (i)(I); and (II) improving Federal legislation relating to checkoff programs. (B) Consideration of inspector general reports.-- The Comptroller General of the United States shall consider reports described in paragraph (1)(B) in preparing any recommendations in the report under subparagraph (A)(ii). SEC. 5. 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 provision to any other person or circumstance, shall not be affected.

Commodity Checkoff Program Improvement Act of 2016 This bill establishes restrictions and requirements for checkoff programs, which are programs overseen by the Department of Agriculture (USDA) to promote and provide research and information for a particular agricultural commodity without reference to specific producers or brands. The bill prohibits boards established to carry out a checkoff program or a USDA order issued under a checkoff program from entering into a contract or agreement to carry out program activities with a party that engages in activities to influence any government policy or action that relates to agriculture. The bill also prohibits a board or its employees or agents acting in their official capacity from engaging in: (1) any act that involves a conflict of interest; and (2) any anticompetitive activity, unfair or deceptive act or practice, or any act that may be disparaging to another agricultural commodity or product. The board must meet specified requirements regarding the publication of budgets and disbursements of funds. The USDA Inspector General and the Government Accountability Office must conduct specified audits regarding checkoff programs.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Intercountry Adoption Services Provider Registration Act''. SEC. 2. REGISTRATION REQUIREMENT. No person shall make available an intercountry adoption service unless that person has filed with the Secretary a registration statement, supplements, and other information as required by this Act. SEC. 3. REGISTRATION STATEMENT CONTENTS. A registration statement required under section 2 shall disclose-- (1) the provider's name; (2) all of the provider's business addresses in the United States and elsewhere; (3) all of the provider's business telephone numbers in the United States and elsewhere; (4) if the provider is an individual, the individual's nationality and United States immigration status; (5) if the provider is a partnership, each partner's name, nationality, and United States immigration status, and a copy of the partnership agreement; (6) if the provider is an association, a corporation, or any other combination of individuals other than a partnership-- (A) the name, nationality, and United States immigration status of each officer and each director; (B) a copy of the organization's charter or articles of incorporation; (C) a copy of the organization's bylaws; and (D) a statement describing the ownership and control of the organization; (7) a statement describing the nature of the provider's business; (8) a complete list of the provider's employees and a statement describing the nature of the work of each; (9) a detailed statement describing each intercountry adoption service that the provider makes available or intends to make available; (10) a schedule of all fees, including foreign and domestic program fees and fees for foster care, which the provider charges for its intercountry adoption services; (11) a list of the sources of the children whom the provider makes or intends to make available for adoption, if any, and the names, addresses, and telephone numbers of such sources; (12) a list of any coordinators or contractors not listed under paragraph (8) or (11) who are employed or otherwise provided any remuneration by the provider to assist with the intercountry adoption services made available by the provider, and the names, addresses, and telephone numbers of those coordinators or contractors; and (13) any further information which the Secretary considers necessary to make the statements made in the registration statement, or the supporting documents disclosed under this section, accurate and not misleading. SEC. 4. REGISTRATION STATEMENT UPDATES. (a) Annual Supplements.--Within 1 year after filing a registration statement, and annually thereafter, each provider shall file with the Secretary a supplement to the registration statement. Such supplement shall disclose information the Secretary requires to make the disclosures under section 3 accurate, complete, and current. (b) Additional Supplements.--The Secretary may require that supplements be filed at more frequent intervals than required by subsection (a), if such filings would serve the public interest, including the interests of persons seeking intercountry adoption services. (c) Notification of Certain Changes.--With respect to the information required to be disclosed by paragraphs (1), (2), (7), and (11) of section 3, the provider shall notify the Secretary of any changes in such information within 45 days after the changes occur. SEC. 5. FILING FEE. The Secretary shall establish a schedule of fees to charge providers for filing a registration statement. Such schedule shall be designed to cover the cost of the administration of this Act. SEC. 6. ENFORCEMENT. (a) Penalties.--Any person convicted of a violation of section 2 shall be fined under title 18, United States Code, or imprisoned not more than 2 years, or both. (b) Notice of Deficient Registration Statement.--If the Secretary finds that a registration statement does not comply the requirements of this Act and that such noncompliance is not willful, the Secretary shall notify the provider in writing, specifying the deficiencies. A provider charged with a violation of section 2 based on a deficiency cited in such notice shall not be prosecuted unless the provider has not remedied the deficiency within 20 days after such notice is received. SEC. 7. PUBLIC AVAILABILITY OF INFORMATION. (a) Public Inspection.--Not later than 30 days after receipt by the Secretary, except as provided in subsection (b), copies of all registration statements, supplements, and other documents filed with the Secretary under this Act shall be available for public inspection and photocopying at a reasonable cost at various locations around the country, as determined by the Secretary. (b) Information on Sources.-- (1) Exemption from disclosure.-- (A) In general.--Except as provided in subparagraph (B), information provided to the Secretary pursuant to section 3(11) shall not be disclosed by the Secretary under subsection (a). (B) Disclosure.--The Secretary may disclose under subsection (a) information described in subparagraph (A) only if the Secretary finds that a person seeking or using intercountry adoption services has a substantial need for such a disclosure for the purposes of litigation. The Secretary shall limit the breadth of such a disclosure to that information which is reasonably necessary to satisfy such need. (2) Additional exemption from disclosure.--Section 552 of title 5, United States Code, shall not apply to information provided to the Secretary pursuant to section 3(11). SEC. 8. DEFINITIONS. For the purposes of this Act-- (1) the term ``intercountry adoption service'' means a service provided in the United States, related to the adoption of a person from outside the United States, that-- (A) arranges adoptions; (B) identifies prospective adoptees; (C) secures the consent necessary for the termination of parental rights or for adoptions; (D) performs background studies on prospective adoptees, home studies on prospective adoptive parents, or reports of such studies; (E) determines the best interests of adoptees or the appropriateness of adoptive placements; (F) counsels adoptees, birth parents, or adoptive parents with respect to adoptions; (G) monitors adoptees and their placement until adoptions are finalized; (H) in the case of adoptions that cannot be finalized, assumes custody of an adoptee or provides child care or other social services to the adoptee pending an alternative placement; or (I) is such other service related to intercountry adoption as the Secretary of State may by regulation provide; (2) the term ``provider'' means a person who makes available or intends to make available an intercountry adoption service; (3) the term ``registration statement'' means a registration statement filed pursuant to this Act; and (4) the term ``Secretary'' means the Secretary of State. SEC. 9. EFFECTIVE DATE. This Act shall become effective 1 year after the date of its enactment.

Intercountry Adoption Services Provider Registration Act - Sets forth specified registration filing requirements of any person offering intercountry adoption services, including annual supplementary updates and filing fees, criminal penalties for noncompliance, and public availability of all related documents.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Transported Air Pollution Mitigation Act of 2001''. SEC. 2. SIP REQUIREMENTS FOR AREAS UPWIND OF OZONE NONATTAINMENT AREAS. (a) SIP Revisions for All Areas.--Section 110(a) of the Clean Air Act is amended by inserting the following new paragraph after paragraph (3): ``(4) For each area (hereinafter in this paragraph referred to as an `upwind area') in a State which, as determined by the State, causes or significantly contributes to a violation of the national ambient air quality standard for ozone in another area (hereinafter in this paragraph referred to as a `downwind area') in the State, the State shall submit, within 1 year of such determination, a revision of the applicable implementation plan that includes a requirement that either-- ``(A) the upwind area reduce emissions of ozone or its precursors by an amount determined by the State to be necessary to mitigate impacts commensurate with the level of contribution caused by the upwind area to air pollution concentrations in the downwind area; or ``(B) the upwind area make payments to the State or to an air quality district designated by the State to compensate the downwind area in such amounts as such State finds necessary to pay for the costs of emission reduction measures required to be undertaken in the downwind area to fully mitigate the impacts of pollutants transported from the upwind area.''. (b) Requirements for Moderate Ozone Nonattainment Areas.--Paragraph (4) of section 182(b) of the Clean Air Act is amended by adding the following at the end thereof: ``(B) For each moderate area which the State determines to cause or significantly contribute to a violation of the national ambient air quality standards for ozone in a downwind area (as identified by the State under section 110(a)(4)), the State shall submit, within 1 year after such determination, a revision to the applicable implementation plan that includes all provisions necessary to provide for an enhanced vehicle inspection and maintenance program as described in paragraph (3) of subsection (c) of this section and the regulations of the Administrator adopted pursuant to such paragraph (3).''. SEC. 3. SIP REQUIREMENTS FOR STATES UPWIND OF OZONE NONATTAINMENT AREAS. (a) SIP Revisions for All Areas.--Section 126 of the Clean Air Act is amended by inserting the following new subsection after subsection (c): ``(d) States Upwind of Ozone Nonattainment Areas.--For each State (hereinafter in this subsection referred to as an `upwind State') which, as determined by the Administrator, causes or significantly contributes to a violation of the national ambient air quality standard for ozone in an area in one or more other States (hereinafter in this paragraph referred to as a `downwind area'), the State shall submit, within 1 year of such determination, a revision of the applicable implementation plan provisions adopted under section 110(a)(2)(D)(ii) that contains either or both the following: ``(1) Provisions under which the upwind State will require reductions in emissions of ozone or its precursors by an amount determined by the Administrator to be necessary to mitigate impacts commensurate with the level of contribution caused by sources in the upwind State to ozone concentrations in the downwind area. ``(2) Provisions under which the upwind State will make payments to the State or States in which all or part of the downwind area is located or to an air quality district designated by the Administrator to compensate such State or States in such amounts as the Administrator finds necessary to pay for the costs of emission reduction measures required to be undertaken in the downwind area to fully mitigate the impacts of pollutants transported from the upwind State.''. (b) Requirements for Moderate Ozone Nonattainment Areas.--Paragraph (4) of section 182(b) of the Clean Air Act is amended by adding the following at the end thereof: ``(C) For each moderate area which the Administrator determines to cause or significantly contribute to a violation of the national ambient air quality standards for ozone in a downwind area (as identified by the Administrator under section 126(d)), the State shall submit, within 1 year after such determination, a revision to the applicable implementation plan that includes all provisions necessary to provide for an enhanced vehicle inspection and maintenance program as described in paragraph (3) of subsection (c) of this section and the regulations of the Administrator adopted pursuant to such paragraph (3).''. SEC. 4. MAINTENANCE PLANS. (a) Requirements for Maintenance Plans.--(1) Subsection (a) of section 175A of the Clean Air Act is amended by adding the following at the end thereof: ``Such plan shall also be amended within 1 year after the later of-- ``(1) the date of enactment of the Transported Air Pollution Mitigation Act of 2001, or ``(2) the date on which the request under section 107(d) is submitted to include measures to provide for an enhanced vehicle inspection and maintenance program as described in paragraph (3) and (4) of section 182(c) and the regulations of the Administrator adopted pursuant to such paragraphs if the State determines that the area requesting redesignation is causing or significantly contributing to a violation of the national ambient air quality standards for ozone in a downwind area (as identified by the State under section 110(a)(4)) or if the Administrator determines that the area requesting redesignation is causing or significantly contributing to a violation of the national ambient air quality standards for ozone in a downwind State (as identified by the Administrator under section 126(d)).''. (b) Transport Mitigation.--Section 175A of the Clean Air Act is amended by adding the following at the end thereof: ``(e) Transport Mitigation.--Each plan adopted under this section shall be amended within 1 year after the enactment of this subsection to require that any upwind area (as identified by the State under section 110(a)(4)) and any upwind State (as identified by the Administrator under section 126(d)) that is designated as an attainment area that causes or significantly contributes to a violation of the national ambient air quality standard for ozone in any downwind area (as identified under section 110(a)(4) or section 126(d)) shall be required by the applicable implementation plans under section 110 and this part to implement all measures with respect to the air pollutant concerned which were contained in the State implementation plan for such upwind area before its redesignation as an attainment area. Such measures shall include all existing control measures, as well as any control measures not yet implemented that are necessary to fully mitigate the transport of ozone and its precursors to such downwind areas. There shall be no relaxation or rescission of any control measure or rule in the upwind area or unwind State as long as sources in such upwind area or State cause or contribute to a violation of the national ambient air quality standard for ozone in any such downwind area.''.

Transported Air Pollution Mitigation Act of 2001 - Amends the Clean Air Act to require States to submit for each area (an "upwind area") that causes or significantly contributes to a violation of the national ambient air quality standard for ozone in another ("downwind") area an implementation plan revision that requires the upwind area to either: (1) reduce ozone or precursor emissions by an amount necessary to mitigate impacts in the downwind area commensurate with the contribution of the upwind area; or (2) compensate the State or an air quality district in amounts necessary to pay costs of emission reduction measures to fully mitigate in the downwind area the impacts of transported pollutants.Requires States, for each Moderate ozone nonattainment area determined to be such an upwind area, to submit a plan revision containing provisions for an enhanced vehicle inspection and maintenance program required for Serious Areas.Imposes requirements analogous to those above upon upwind States (those that cause or significantly contribute to a violation of the national standard for ozone in an area in one or more other States).Requires maintenance plans for upwind areas and States (in cases of requests for redesignation of nonattainment areas) to be amended to include: (1) the enhanced vehicle inspection and maintenance measures described in this Act; and (2) implementation of all measures concerning the pollutant concerned which were contained in the implementation plan as well as those not yet implemented that are necessary to fully mitigate transport of ozone and its precursors to downwind areas. Prohibits relaxation or rescission of control measures or rules in such upwind areas or States.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Protective Service Reform Act of 2000''. SEC. 2. DESIGNATION OF POLICE OFFICERS. The Act of June 1, 1948 (40 U.S.C. 318-318d), is amended-- (1) in section 1 by striking the section heading and inserting the following: ``SECTION 1. POLICE OFFICERS.''; (2) in sections 1 and 3 by striking ``special policemen'' each place it appears and inserting ``police officers''; (3) in section 1(a) by striking ``uniformed guards'' and inserting ``certain employees''; and (4) in section 1(b) by striking ``Special policemen'' and inserting the following: ``(1) In general.--Police officers''. SEC. 3. POWERS. Section 1(b) of the Act of June 1, 1948 (40 U.S.C. 318(b)), is further amended-- (1) by adding at the end the following: ``(2) Additional powers.--Subject to paragraph (3), a police officer appointed under this section is authorized while on duty-- ``(A) to carry firearms in any State, the District of Columbia, the Commonwealth of Puerto Rico, or any territory or possession of the United States; ``(B) to petition Federal courts for arrest and search warrants and to execute such warrants; ``(C) to arrest an individual without a warrant if the individual commits a crime in the officer's presence or if the officer has probable cause to believe that the individual has committed a crime or is committing a crime; and ``(D) to conduct investigations, on and off the property in question, of offenses that have been or may be committed against property under the charge and control of the Administrator or against persons on such property. ``(3) Approval of regulations by attorney general.--The additional powers granted to police officers under paragraph (2) shall become effective only after the Commissioner of the Federal Protective Service issues regulations implementing paragraph (2) and the Attorney General of the United States approves such regulations. ``(4) Authority outside federal property.--The Administrator may enter into agreements with State and local governments to obtain authority for police officers appointed under this section to exercise, concurrently with State and local law enforcement authorities, the powers granted to such officers under this section in areas adjacent to property owned or occupied by the United States and under the charge and control of the Administrator.''; and (2) by moving the left margin of paragraph (1), as designated by section 2(4) of this Act, so as to appropriately align with paragraphs (2), (3), and (4), as added by paragraph (1) of this subsection. SEC. 4. PENALTIES. Section 4(a) of the Act of June 1, 1948 (40 U.S.C. 318c(a)), is amended to read as follows: ``(a) In General.--Except as provided in subsection (b), whoever violates any rule or regulation promulgated pursuant to section 2 shall be fined or imprisoned, or both, in an amount not to exceed the maximum amount provided for a Class C misdemeanor under sections 3571 and 3581 of title 18, United States Code.''. SEC. 5. SPECIAL AGENTS. Section 5 of the Act of June 1, 1948 (40 U.S.C. 318d), is amended-- (1) by striking ``nonuniformed special policemen'' each place it appears and inserting ``special agents''; (2) by striking ``special policeman'' and inserting ``special agent''; and (3) by adding at the end the following: ``Any such special agent while on duty shall have the same authority outside Federal property as police officers have under section 1(b)(4).''. SEC. 6. ESTABLISHMENT OF FEDERAL PROTECTIVE SERVICE. (a) In General.--The Act of June 1, 1948 (40 U.S.C. 318-318d), is amended by adding at the end the following: ``SEC. 6. ESTABLISHMENT OF FEDERAL PROTECTIVE SERVICE. ``(a) In General.--The Administrator of General Services shall establish the Federal Protective Service as a separate operating service of the General Services Administration. ``(b) Appointment of Commissioner.-- ``(1) In general.--The Federal Protective Service shall be headed by a Commissioner who shall be appointed by and report directly to the Administrator. ``(2) Qualifications.--The Commissioner shall be appointed from among individuals who have at least 5 years of professional law enforcement experience in a command or supervisory position. ``(c) Duties of the Commissioner.--The Commissioner shall-- ``(1) assist the Administrator in carrying out the duties of the Administrator under this Act; ``(2) except as otherwise provided by law, serve as the law enforcement officer and security official of the United States with respect to the protection of Federal officers and employees in buildings and areas that are owned or occupied by the United States and under the charge and control of the Administrator (other than buildings and areas that are secured by the United States Secret Service); ``(3) render necessary assistance, as determined by the Administrator, to other Federal, State, and local law enforcement agencies upon request; and ``(4) coordinate the activities of the Commissioner with the activities of the Commissioner of the Public Buildings Service. Nothing in this subsection may be construed to supersede or otherwise affect the duties and responsibilities of the United States Secret Service under sections 1752 and 3056 of title 18, United States Code. ``(d) Appointment of Regional Directors and Assistant Commissioners.-- ``(1) In general.--The Commissioner may appoint regional directors and assistant commissioners of the Federal Protective Service. ``(2) Qualifications.--The Commissioner shall select individuals for appointments under paragraph (1) from among individuals who have at least 5 years of direct law enforcement experience, including at least 2 years in a supervisory position.''. (b) Pay Level of Commissioner.--Section 5316 of title 5, United States Code, is amended by inserting after the paragraph relating to the Commissioner of the Public Buildings Service the following: ``Commissioner, Federal Protective Service, General Services Administration.''. SEC. 7. PAY AND BENEFITS. (a) In General.--The Act of June 1, 1948 (40 U.S.C. 318-318d), is further amended by adding at the end the following: ``SEC. 7. PAY AND BENEFITS. ``Notwithstanding any other provision of law or any other rule or regulation, the pay and benefits for any employee of the Federal Protective Service who maintains active law enforcement status under section 1 shall be determined in accordance with a pay and benefits package established and maintained by the Administrator of General Services that is equivalent to the pay scale and benefits package applicable to members of the United States Capitol Police. Such pay scale and benefits package shall be established by regulation, shall apply with respect to the pay period beginning January 1, 2001, and ending December 31, 2001 (and such other pay periods as may be authorized by law), and shall not result in a decrease in the pay or benefits of any individual for such pay period.''. (b) Conforming Amendment.--Section 1(a) of such Act (40 U.S.C. 318(a)), is amended by striking ``without additional compensation''. SEC. 8. NUMBER OF POLICE OFFICERS. (a) In General.--The Act of June 1, 1948 (40 U.S.C. 318-318d), is further amended by adding at the end the following: ``SEC. 8. NUMBER OF POLICE OFFICERS. ``After the 1-year period beginning on the date of the enactment of this section, there shall be at least 730 full-time equivalent police officers in the Federal Protective Service. This number shall not be reduced unless specifically authorized by law.''. SEC. 9. EMPLOYMENT STANDARDS AND TRAINING. The Act of June 1, 1948 (40 U.S.C. 318-318d), is further amended by adding at the end the following: ``SEC. 9. EMPLOYMENT STANDARDS AND TRAINING. ``The Commissioner of the Federal Protective Service shall prescribe minimum standards of suitability for employment to be applied in the contracting of security personnel for buildings and areas that are owned or occupied by the United States and under the control and charge of the Administrator of General Services.''. SEC. 10. AUTHORIZATION OF APPROPRIATIONS. The Act of June 1, 1948 (40 U.S.C. 318-318d), is further amended by adding at the end the following: ``SEC. 10. AUTHORIZATION OF APPROPRIATIONS. ``There is authorized to be appropriated from the Federal Buildings Fund established by section 210(f) of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 490(f)) such sums as may be necessary to carry out this Act.''. Passed the House of Representatives June 27, 2000. Attest: JEFF TRANDAHL, Clerk.

(Sec. 3) Empowers such police officers, while on duty, to: (1) carry firearms; (2) petition Federal courts for and execute arrest and search warrants; (3) make arrests without a warrant; and (4) conduct investigations, on and off the property, of offenses on such property. Authorizes the GSA Administrator to enter into agreements with State and local governments to obtain authority for police officers appointed under the Act to exercise, concurrently with State and local law enforcement authorities, such powers in areas adjacent to U.S. property under the charge and control of the Administrator. (Sec. 4) Increases the maximum penalty for violations of any rules or regulations with respect to Federal property. (Sec. 5) Empowers special agents with the same authority outside Federal property as police officers have. (Sec. 6) Directs the Administrator to establish the FPS as a separate operating service of GSA. Provides for the FPS to be headed by a Commissioner who: (1) shall be appointed by and report directly to the Administrator; and (2) has at least five years of professional law enforcement experience in a command or supervisory position. Requires the Commissioner to: (1) assist the Administrator; (2) serve as the U.S. law enforcement officer and security official with respect to the protection of Federal officers and employees in such property (other than buildings and areas that are secured by the United States Secret Service), except as otherwise prohibited by law; (3) render assistance to other Federal, State, and local law enforcement agencies upon request; and (4) coordinate his or her activities with those of the Commissioner of the Public Buildings Service. (Sec. 7) Requires the pay and benefits for any FPS employee who maintains active law enforcement status to be determined in accordance with a pay and benefits package established by the Administrator that is equivalent to the pay scale and benefits package applicable to United States Capitol Police. (Sec. 8) Requires there to be at least 730 full-time police officers in the FPS one year after the enactment of this Act. Prohibits any reduction in such number of officers unless specifically authorized by law. Directs the Comptroller General to study and report on the feasibility of merging all building security forces of the executive branch within and under the FPS's supervision. (Sec. 9) Directs the Commissioner to prescribe minimum standards of suitability for employment to be applied in the contracting of security personnel for Federal property. (Sec. 10) Authorizes appropriations from the Federal Buildings Fund.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Francis W. Agnes Prisoner of War Benefits Act of 2003''. SEC. 2. IMPROVED VETERANS' BENEFITS FOR FORMER PRISONERS OF WAR. (a) Repeal of Requirement for Minimum Period of Internment for Presumption of Service Connection for Certain Diseases.--Section 1112(b) of title 38, United States Code, is amended by striking ``and who was detained or interned for not less than thirty days'' in the matter preceding paragraph (1). (b) Repeal of Requirement for Minimum Period of Internment for Presumption of Service Connection for Dental Care.--Section 1712(a)(1)(F) of such title is amended by striking ``and who was detained or interned for a period of not less than 90 days''. (c) Additional Diseases Presumed To Be Service Connected.--Section 1112 of such title is further amended-- (1) in subsection (b)-- (A) by striking ``the disease'' and inserting ``a disease specified under subsection (d) or the disease''; (B) by striking ``or'' at the end of paragraph (14); and (C) by inserting after paragraph (15) the following new paragraphs: ``(16) heart disease, ``(17) stroke, ``(18) liver disease, ``(19) diabetes (type 2), or ``(20) osteoporosis,''; and (2) by adding at the end the following new subsection: ``(d)(1) Subsection (b) applies with respect to any disease (in addition to those specified in that subsection) that the Secretary determines in regulations prescribed under this subsection warrants a presumption of service-connection by reason of having positive association with the experience of being a prisoner of war. ``(2)(A) Whenever the Secretary determines, on the basis of sound medical and scientific evidence, that a positive association exists between (i) the experience of being a prisoner of war, and (ii) the occurrence of a disease in humans, the Secretary shall prescribe regulations providing that a presumption of service connection is warranted for that disease for the purposes of subsection (b). ``(B) In making determinations for the purpose of this paragraph, the Secretary shall take into account (i) recommendations received by the Secretary from the Advisory Committee on Former Prisoners of War established under section 541 of this title, and (ii) all other sound medical and scientific information and analyses available to the Secretary. In evaluating any study for the purpose of making such determinations, the Secretary shall take into consideration whether the results are statistically significant, are capable of replication, and withstand peer review. ``(C) An association between the occurrence of a disease in humans and the experience of being a prisoner of war shall be considered to be positive for the purposes of this subsection if the credible evidence for the association is equal to or outweighs the credible evidence against the association. ``(3)(A) Not later than 60 days after the date on which the Secretary receives a recommendation from the Advisory Committee on Former Prisoners of War that a presumption of service connection be established under this subsection for any disease, the Secretary shall determine whether a presumption of service connection under this subsection is warranted for that disease. If the Secretary determines that such a presumption is warranted, the Secretary, not later than 60 days after making the determination, shall issue proposed regulations setting forth the Secretary's determination. ``(B) If the Secretary determines that a presumption of service connection is not warranted, the Secretary, not later than 60 days after making the determination, shall publish in the Federal Register a notice of that determination. The notice shall include an explanation of the scientific basis for that determination. If the disease already is included in regulations providing for a presumption of service connection, the Secretary, not later than 60 days after publication of the notice of a determination that the presumption is not warranted, shall issue proposed regulations removing the presumption for the disease. ``(C) Not later than 90 days after the date on which the Secretary issues any proposed regulations under this subsection, the Secretary shall issue final regulations. Such regulations shall be effective on the date of issuance. ``(4) Whenever a disease is removed from regulations prescribed under this section-- ``(A) a veteran who was awarded compensation for such disease on the basis of the presumption provided in subsection (b) before the effective date of the removal shall continue to be entitled to receive compensation on that basis; and ``(B) a survivor of a veteran who was awarded dependency and indemnity compensation for the death of a veteran resulting from such disease on the basis of such presumption shall continue to be entitled to receive dependency and indemnity compensation on such basis. ``(5) The Secretary shall carry out this subsection in consultation with, and after taking into consideration the views of, the Advisory Committee on Former Prisoners of War established under section 541 of this title.''.

Francis W. Agnes Prisoner of War Benefits Act of 2003 - Amends Federal veterans' benefits provisions with respect to former prisoners of war to repeal the currently required: (1) 30-day minimum period of internment prior to the presumption of service connection for certain listed diseases, for purposes of the payment of veterans' disability compensation; and (2) 90-day minimum period of internment prior to eligibility for dental care furnished through the Department of Veterans Affairs. Adds the following to the listed diseases under (1), above: heart disease, stroke, liver disease, diabetes (type 2), and osteoporosis. Requires: (1) such presumption also with respect to any disease that the Secretary of Veterans Affairs determines warrants such presumption by reason of having a positive association with the experience of being a prisoner of war; and (2) the Secretary to make such a determination within 60 days after a recommendation from the Advisory Committee on Former Prisoners of War that such presumption be established for a non-listed disease.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Prepaid Card Disclosure Act of 2014''. SEC. 2. SPENDING ACCOUNTS. (a) Spending Accounts.--The Electronic Fund Transfer Act (15 U.S.C. 1693 et seq.) is amended-- (1) by redesignating section 923 (15 U.S.C. 1693 note), relating to the effective date of the Electronic Fund Transfer Act, as so designated by section 1073 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Public Law 111-203; 124 Stat. 2060), as section 925; (2) by redesignating section 922 (15 U.S.C. 1693r), relating to exemptions for State regulation, as so designated by section 1073 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Public Law 111-203; 124 Stat. 2060), as section 923; and (3) by inserting after section 923, as so redesignated, the following: ``SEC. 924. SPENDING ACCOUNTS; DISCLOSURE OF FEE INFORMATION. ``(a) Definition.--For purposes of this section, the term `spending account'-- ``(1) means a transaction account, other than as defined in section 903(2)-- ``(A) that is established by a consumer or on behalf of a consumer at an insured depository institution (as defined in section 3(c) of the Federal Deposit Insurance Act (12 U.S.C. 1813(c))); ``(B) that contains the funds of a consumer; ``(C) to which payments are to be made by a consumer, or at the direction of a consumer; ``(D) to which recurring electronic fund transfers may be made, at the direction of a consumer; or ``(E) from which payments may be made at the direction of a consumer through the use of a card, code, or device; ``(2) includes a transaction account described in paragraph (1)-- ``(A) that is operated or managed by a financial institution, or any other person; and ``(B) the funds of which are-- ``(i) pooled with the funds of a person other than the person who established the account; or ``(ii) held in a name other than that of the person who established the account; and ``(3) does not include-- ``(A) a nonreloadable general-use prepaid card, as defined in section 915(a)(2)(A), in an amount that does not exceed $250; ``(B) a general-use prepaid card, as defined in section 915(a)(2)(A), that is solely associated with-- ``(i) a health plan to which section 105 of the Internal Revenue Code of 1986 applies; ``(ii) a qualified transportation fringe, as defined in section 132(f) of the Internal Revenue Code of 1986; ``(iii) a health savings account, as defined in section 223(d) of the Internal Revenue Code of 1986; or ``(iv) any other healthcare benefit account, including a healthcare account relating to Medicare or Medicaid benefits; ``(C) a gift certificate, as defined in section 915(a)(2)(B); ``(D) a store gift card, as defined in section 915(a)(2)(C); ``(E) an electronic promise, plastic card, or payment code or device described in clause (i), (v), or (vi) of section 915(a)(2)(D); ``(F) a nonreloadable card labeled as a gift card and marketed solely as a gift card; ``(G) a nonreloadable loyalty, rebate, or promotional card; or ``(H) a debit card or general-use prepaid card that has been provided to a person pursuant to a Federal, State or local government administered payment program, in which the person may only use the debit card or general-use prepaid card to transfer or debit funds, monetary value, or other assets that have been provided pursuant to such program. ``(b) Disclosure of Fee Information.-- ``(1) Disclosure required.--Each financial institution or entity that is operated, managed, or controlled by a financial institution, or any other person that offers a spending account shall provide to a consumer-- ``(A) together with any application, offer, or solicitation for a spending account, a table of any fees that may be charged in connection with the spending account that-- ``(i) can be easily understood by the consumer; ``(ii) is clearly and conspicuously displayed to the consumer before purchase; and ``(iii) includes, at a minimum, the amount and a description of each fee that may be charged in connection with the spending account by the financial institution or entity that is operated, managed, or controlled by a financial institution, or any other person; and ``(B) on the card or other means of access, a toll- free telephone number and website at which the consumer may access a clear and conspicuous disclosure of the fees that may be charged in connection with the spending account. ``(2) QR code.--The Bureau may, in accordance with any rules established under paragraph (3) and in addition to the disclosure requirements under paragraph (1), require the placement of a QR code, barcode, or other similar technology on any packaging, card, or other object associated with a spending account, provided that such QR code, barcode, or other technology is capable of providing an electronic link to the disclosures required under paragraph (1) to a consumer. ``(3) Rules.--Not later than 9 months after the date of enactment of the Prepaid Card Disclosure Act of 2014, the Bureau shall establish, by rule, the headings, content, and format of the fee table and estimate required under paragraph (1).''. (b) Technical and Conforming Amendments.--Section 903 of the Electronic Fund Transfer Act (15 U.S.C. 1693a) is amended-- (1) by redesignating paragraph (4) (relating to the Board of Governors of the Federal Reserve System), as so designated by section 1084(2)(A) of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Public Law 111-203; 124 Stat. 2081), as paragraph (3); and (2) in paragraph (3), as so redesignated, by striking ``term `Bureau' means the Bureau of Governors'' and inserting ``term `Board' means the Board of Governors''. (c) Preservation of Authority.--Nothing in this Act shall be construed to limit, amend, or otherwise alter the authority of the Bureau of Consumer Financial Protection to issue and adopt rules, take any action, or exercise any other power under the Electronic Fund Transfer Act, including with respect to general-use prepaid cards or any other electronic fund transfer product not subject to the provisions of this Act. (d) Rule of Construction Relating to EBT Cards.--Nothing in this Act shall be construed to affect the regulation of electronic benefit transfers by the Bureau of Consumer Financial Protection.

Prepaid Card Disclosure Act of 2014 - Amends the Electronic Fund Transfer Act to extend its coverage to spending accounts (transaction accounts) established by a consumer (or on a consumer's behalf) at an insured depository institution or credit union: (1) to which recurring electronic fund transfers may be made, at the consumer's direction; or (2) from which payments may be made, at the consumer's direction, through the use of a card, code, or device (commonly referred to as prepaid cards). Treats as a spending account any similar transaction account operated or managed by a financial institution, or any other person, whose funds: (1) are pooled with the funds of a person other than the one who established the account, or (2) are held in a name other than that of the person who established the account. Excludes from the meaning of spending account: (1) any nonreloadable general-use prepaid card in an amount under $250; (2) any general-use prepaid card solely associated with a certain kind of health plan, a qualified transportation fringe, a health savings account or any other health care benefit account; (3) a gift certificate; (4) a store gift card; (5) an electronic promise, plastic card, or payment code, or device; (6) a nonreloadable card labeled as a gift card and marketed solely as such; (7) a nonreloadable loyalty, rebate, or promotional card; or (8) a debit card or general-use prepaid card that has been provided to a person pursuant to a federal, state or local government-administered payment program, in which the person may only use the card to transfer or debit funds, monetary value, or other assets that have been provided pursuant to that program. Authorizes the Consumer Financial Protection Bureau (CFPB) to require the placement of a QR code, barcode, or other similar technology on any packaging, card, or other object associated with a spending account, provided that the technology is capable of providing an electronic link to certain required disclosures to the consumer.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Rail Security Act of 2001''. SEC. 2. EMERGENCY AMTRAK ASSISTANCE. (a) In General.--There are authorized to be appropriated to the Secretary of Transportation for the use of Amtrak-- (1) $515,000,000 for systemwide security upgrades, including the reimbursement of extraordinary security-related costs determined by the Secretary to have been incurred by Amtrak since September 11, 2001, and including the hiring and training additional police officers, canine-assisted security units, and surveillance equipment; (2) $998,000,000 to be used to complete New York tunnel life safety projects and rehabilitate tunnels in Washington, D.C., and Baltimore, Maryland; and (3) $254,000,000 to be used for increasing the accessibility of Penn Station, New York City, for safety and emergency response situations, renovations to the Thames and Niantic Bridges in Connecticut, and improved safety of operations through an advanced civil speed enforcement system radio system in high-speed territory. (b) Availability of Appropriated Funds.--Amounts appropriated pursuant to subsection (a) shall remain available until expended. (c) Plan Required.--The Secretary may not make amounts available to Amtrak for obligation or expenditure under subsection (a)-- (1) for implementing systemwide security upgrades until Amtrak has submitted to the Secretary, and the Secretary has approved, a plan for such upgrades; (2) for completing the tunnel life safety and rehabilitation projects until Amtrak has submitted to the Secretary, and the Secretary has approved, an engineering and financial plan for such projects; (3) for completing the projects described in subsection (a)(3) until Amtrak has submitted to the Secretary and the Secretary has approved, a plan for such projects; and (4) Amtrak has submitted to the Secretary such additional information as the Secretary may require in order to ensure full accountability for the obligation or expenditure of amounts made available to Amtrak for the purpose for which the funds are provided. (d) 50-Percent To Be Spent Outside the Northeast Corridor.--The Secretary shall ensure that up to 50 percent of the amounts appropriated pursuant to subsection (a)(1) is obligated or expended for projects outside the Northeast Corridor. (e) Assessments by DOT Inspector General.-- (1) Initial assessment.--Within 60 days after the date of enactment of this Act, the Inspector General of the Department of Transportation shall transmit to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure a report-- (A) identifying any overlap between capital projects for which funds are provided under such funding documents, procedures, or arrangements and capital projects included in Amtrak's 20-year capital plan; and (B) indicating any adjustments that need to be made in that plan to exclude projects for which funds are appropriated pursuant to subsection (a). (2) Overlap review.--The Inspector General shall, as part of the Department's annual assessment of Amtrak's financial status and capital funding requirements review the obligation and expenditure of funds under each such funding document, procedure, or arrangement to ensure that the expenditure and obligation of those funds are consistent with the purposes for which they are provided under this Act. (f) Coordination With Existing Law.--Amounts made available to Amtrak under this section shall not be considered to be Federal assistance for purposes of part C of subtitle V of title 49, United States Code. SEC. 3. RAIL SECURITY. (a) Secretary of Transportation.--Section 20103(a) of title 49, United States Code, is amended by striking ``safety'' and inserting ``safety, including the security of railroad operations,''. (b) Rail Police Officers.--Section 28101 of title 49, United States Code, is amended by striking ``the rail carrier'' each place it appears and inserting ``any rail carrier''. (c) Review of Rail Regulations.--Within 180 days after the date of enactment of this Act, the Secretary of Transportation, in consultation with the Federal Railroad Administration's Rail Safety Advisory Committee, shall review existing rail regulations of the Department of Transportation for the purpose of identifying areas in which those regulations need to be revised to improve rail safety and security. SEC. 4. RAIL TRANSPORTATION SECURITY RISK ASSESSMENT. (a) In General.-- (1) In general.--The Secretary of Transportation shall assess the security risks associated with rail transportation and develop prioritized recommendations for-- (A) improving the security of rail tunnels, rail bridges, rail switching areas, and other areas identified by the Secretary as posing significant rail- related risks to public safety and the movement of interstate commerce, taking into account the impact that any proposed security measure might have on the provision of rail service; and (B) dealing with the immediate and long-term economic impact of measures that may be required to address those risks. (2) Existing private and public sector efforts.--The assessment shall include a review of any actions already taken to address identified security issues by both public and private entities. (b) Consultation; Use of Existing Resources.--In carrying out the assessment required by subsection (a), the Secretary shall-- (1) consult with rail management, rail labor, and public safety officials (including officials responsible for responding to emergencies); and (2) utilize, to the maximum extent feasible, the resources and assistance of-- (A) the Federal Railroad Administration's Rail Safety Advisory Committee; and (B) the Transportation Research Board of the National Academy of Sciences. (c) Report.-- (1) Contents.--Within 180 days after the date of enactment of this Act, the Secretary shall transmit to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure a report, without compromising national security, containing-- (A) the assessment and prioritized recommendations required by subsection (a); and (B) any proposals the Secretary deems appropriate for providing Federal financial, technological, or research and development assistance to railroads to assist the railroads in reducing the likelihood, severity, and consequences of deliberate acts of crime or terrorism toward rail employees, rail passengers, rail shipments, or rail property. (2) Format.--The Secretary may submit the report in both classified and redacted formats if the Secretary determines that such action is appropriate or necessary.

Rail Security Act of 2001 - Authorizes emergency appropriations to Amtrak for: (1) systemwide security upgrades, including reimbursement of extraordinary security-related costs incurred by it since September 11, 2001, such as the hiring and training of additional police officers, canine-assisted security units, and surveillance equipment; (2) completion of New York tunnel life safety projects and rehabilitation of tunnels in Washington, D.C., and Baltimore, Maryland; and (3) increased accessibility of Penn Station, New York City, for safety and emergency response situations, renovations to the Thames and Niantic Bridges in Connecticut, and improved safety operations through an advanced civil speed enforcement system radio system in high-speed territory. Prohibits the Secretary of Transportation from making such amounts available to Amtrak until a plan has been submitted to the Secretary for approval. Directs the Secretary to ensure that up to 50 percent of the amounts appropriated under this Act are obligated for projects outside the Northeast Corridor.Directs the Inspector General of the Department of Transportation (DOT) to report to specified congressional committees on: (1) any overlap between capital projects which are provided under funding documents, procedures, or arrangements and capital projects included in Amtrak's 20-year capital plan; and (2) any adjustments that need to be made in such plan to exclude projects for which funds are appropriated under this Act. Requires the Inspector General, as part of DOT's annual assessment of Amtrak's financial status and capital funding requirements, to review the obligation and expenditure of funds under each funding document, procedure, or arrangement to ensure that the expenditure and obligation of those funds are consistent with the purposes for which they are provided under this Act.Directs the Secretary, as necessary, to prescribe regulations and issue orders for every area of railroad safety, including the security of railroad operations. Directs the Secretary to review existing DOT rail regulations to identify areas in which they need to be revised to improve rail safety and security.Directs the Secretary to assess, and report to specified congressional committees on, the security risks associated with rail transportation and develop prioritized recommendations for: (1) improving the security of rail tunnels, rail bridges, rail switching areas, and other areas identified as posing significant rail-related risks to public safety and the movement of interstate commerce; and (2) dealing with the immediate and long-term economic impact of measures that may be required to address such risks.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Premarket Predictability Act of 2011''. SEC. 2. TRACKING AND REVIEW OF APPLICATIONS FOR INVESTIGATIONAL DEVICE EXEMPTIONS. Section 520(g) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360j(g)) is amended by adding at the end the following: ``(8)(A) Upon the submission of an application for an exemption for a device under this subsection, the submission of a request to classify a device under section 513, or the submission of a report for a device under section 510(k), whichever occurs first, the Secretary shall assign a tracking number to the device. ``(B) The Secretary shall use such tracking number to record the following interactions between the Secretary and applicant with respect to the device: ``(i) Submission or approval of an application for an exemption under this subsection. ``(ii) Submission or clearance of a report under section 510(k). ``(iii) Any meeting or meeting request, including in anticipation of the submission of such an application or report. ``(iv) Submission or approval of an application under section 515(c). ``(v) Any formal or informal request by the Secretary for additional information. ``(vi) Any deficiency letter. ``(vii) Any response by the applicant to a request described in clause (v) or a deficiency letter. ``(viii) Any written submission by the applicant to the Food and Drug Administration. ``(ix) Any other matter, as determined appropriate by the Secretary. ``(9) Upon the submission of an application for an exemption under this subsection for a device, the Secretary shall assign, to review the application, a reviewer with prior review experience with that type of device or technology or other relevant expertise.''. SEC. 3. OTHER RULES RELATING TO INVESTIGATIONAL DEVICE EXEMPTIONS. Section 520(g) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360j(g)) is amended-- (1) in paragraph (2)(A), by adding at the end the following: ``Procedures and conditions pursuant to the preceding sentence shall require the Secretary, in determining whether to grant such an exemption, to evaluate whether the investigational study can be conducted ethically and with reasonable risk.''; (2) in paragraph (2)(B)(ii), by striking ``evaluate the safety and effectiveness of the device'' and inserting ``evaluate whether the investigational study is being conducted ethically and with reasonable risk''; (3) in paragraph (4)(B), by adding at the end the following: ``The Secretary may not disapprove an application because the investigation does not or may not meet any requirement, including a data requirement, relating to the approval or clearance of a device because the Secretary believes that a different clinical testing design or plan could produce data more relevant to an approval or clearance decision.''; (4) in paragraph (7)(A), by striking ``(7)(A) In the case'' and all that follows through the end paragraph (7)(A) and inserting the following: ``(7)(A)(i) In the case of a person intending to investigate the safety or effectiveness of a class II or a class III device, the Secretary shall ensure that the person has an opportunity, prior to submitting an application to the Secretary, to submit to the Secretary, for review, an investigational plan (including a clinical protocol). If the applicant submits a written request for a meeting with the Secretary regarding such review, the Secretary shall, not later than 30 days after receiving the request, meet with the applicant for the purpose of reaching agreement regarding the investigational plan (including a clinical protocol). The written request shall include a detailed description of the device, a detailed description of the proposed conditions of use of the device, information (if available) regarding the expected performance of the device, and a proposed plan (including a clinical protocol) for determining-- ``(I) whether there is a reasonable assurance of safety and effectiveness; or ``(II) whether the device is substantially equivalent to or is at least as safe and effective as a legally marketed device that is not subject to approval requirements under section 515. ``(ii) In the case where the Secretary fails to meet the applicant not later than 30 days after receiving a request as described under clause (i), the proposed plan submitted in such request shall be deemed to be the agreement reached between the Secretary and the applicant under subparagraph (B) and such agreement shall not be subject to change except as provided in subparagraph (B).''; and (5) in paragraph (7)(B)(ii), by inserting ``that has emerged since the date of the agreement and that is'' after ``substantial scientific issue''. SEC. 4. CLARIFICATION OF LEAST BURDENSOME STANDARD. (a) Premarket Approval.--Section 513(a)(3)(D) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360c(a)(3)(D)) is amended-- (1) by redesignating clause (iii) as clause (iv); and (2) by inserting after clause (ii) the following: ``(iii) In carrying out clause (ii), the Secretary-- ``(I) shall not request information unrelated or irrelevant to a demonstration of reasonable assurance of device effectiveness; ``(II) shall consider alternative approaches to evaluating device effectiveness in order to reduce the time, effort, and cost of reaching proper resolution of the issue; ``(III) shall use all reasonable mechanisms to lessen review times and render regulatory decisions; ``(IV) shall consider whether pre-clinical data, such as well-designed bench and animal testing, can meet the statutory threshold for approval; and ``(V) if clinical data are needed, shall consider alternatives to randomized, controlled clinical trials and the use of surrogate endpoints.''. (b) Substantial Equivalence Determination.--Section 513(i)(1)(D) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360c(i)(1)(D)) is amended-- (1) by striking ``(D) Whenever'' and inserting ``(D)(i) Whenever''; and (2) by adding at the end the following: ``(ii) In carrying out clause (i), the Secretary-- ``(I) shall focus on whether there is a reasonable assurance that the device is safe and effective for its intended use; ``(II) shall not request or accept information unrelated or irrelevant to the substantial equivalence evaluation; ``(III) shall review the labeling of the device to assess the intended use of the device, and shall not evaluate issues that do not present a major impact on the intended use as set forth in the labeling; ``(IV) shall consider alternative approaches to evaluating substantial equivalence in order to reduce the time, effort, and cost of reaching proper resolution of the issue; and ``(V) shall use all reasonable mechanisms to lessen review times and render regulatory decisions.''. SEC. 5. AGENCY DOCUMENTATION AND REVIEW OF SIGNIFICANT DECISIONS. Chapter V of the Federal Food, Drug, and Cosmetic Act is amended by inserting after section 517 (21 U.S.C. 360g) the following: ``SEC. 517A. AGENCY DOCUMENTATION AND REVIEW OF SIGNIFICANT DECISIONS REGARDING DEVICES. ``(a) Documentation of Rationale for Significant Decisions.-- ``(1) In general.--The Secretary shall completely document the scientific and regulatory rationale for any significant decision of the Center for Devices and Radiological Health regarding submission or review of a report under section 510(k), an application under section 515, or an application for an exemption under section 520(g), including documentation of significant controversies or differences of opinion and their resolution. ``(2) Provision of documentation.--Upon request, the Secretary shall furnish such complete documentation to the person who is seeking to submit, or who has submitted, such report or application. ``(b) Appeal Rights and Procedures.-- ``(1) Appeal to center director.--Any person may, within 30 days after a significant decision described in subsection (a)(1), appeal such decision to the Director of the Center for Devices and Radiological Health (in this subsection referred to as the `Center Director'). ``(2) Petition; procedures.--The Center Director-- ``(A) may require that an appeal under paragraph (1) be in writing and set forth the decision being appealed and the grounds for the appeal; and ``(B) subject to paragraph (6), may provide for such procedures as may be necessary with respect to such an appeal. ``(3) Resolution by center director.-- ``(A) Meeting.--The Center Director shall provide, upon the request of any person bringing an appeal under paragraph (1), for at least one meeting, to be held within 45 days after the filing of the appeal, to discuss the significant decision involved, the appeal of such decision, and possible resolutions of the appeal. ``(B) Final decision.--The Center Director shall issue a final written decision resolving any appeal under paragraph (1), including the grounds for such decision, not later than 90 days after the filing of the appeal. ``(4) Appeal to commissioner.-- ``(A) In general.--Any person who files an appeal under paragraph (1)-- ``(i) within 30 days after receiving any decision of the Center Director resolving the appeal, may appeal such decision to the Commissioner; or ``(ii) if the Center Director has not made a decision resolving the appeal under paragraph (1) within 90 days after the filing of such appeal, may file directly with the Commissioner an appeal of the significant decision subject to such appeal under paragraph (1). ``(B) Final decision.--The Commissioner shall issue a final written decision resolving any appeal under subparagraph (A), including the grounds for such decision, not later than 30 days after the filing of such appeal under subparagraph (A). ``(5) Report.--The Commissioner shall issue a public report on at least an annual basis that sets forth-- ``(A) the number of appeals under paragraph (1) and the disposition of those appeals; ``(B) for each appeal under paragraph (1), the number of days taken to reach a final decision under paragraph (3)(B); ``(C) the number of appeals to the Commissioner under paragraph (4)(A), including the number of such appeals under paragraph (4)(A)(ii), and the disposition of those appeals; and ``(D) the number of appeals for which the Commissioner does not issue a final decision within 30 days as required by paragraph (4)(B). ``(6) Authority of secretary to establish appeal procedures and timelines.-- ``(A) Establishment.--Subject to subparagraph (B), the Secretary may, by regulation or guidance, establish appeal procedures or timelines applicable to appeals under paragraph (1) or (4). ``(B) Limitation.--No procedure or timeline established under subparagraph (A) may alter any requirement or extend or delay any timeline specified in any of paragraphs (1) through (5).''. SEC. 6. TRANSPARENCY IN CLEARANCE PROCESS. (a) Publication of Detailed Decision Summaries.--Section 520(h) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360j(h)) is amended by adding at the end the following: ``(5) Subject to subsection (c) and section 301(j), the Secretary shall regularly publish detailed decision summaries for each clearance of a device under section 510(k).''. (b) Application.--The requirement of section 520(h)(5) of the Federal Food, Drug, and Cosmetic Act, as added by subsection (a), applies only with respect to clearance of a device occurring after the date of the enactment of this Act.

Premarket Predictability Act of 2011 - Amends the Federal Food, Drug, and Cosmetic Act to require the Secretary of Health and Human Services (HHS) to assign a tracking number to a medical device upon submission of: (1) an application for an exemption of a device for investigational use, (2) a request to classify a device, or (3) a premarket report or notification related to a device. Requires the Secretary to use the tracking number to record interactions between the Secretary and applicant with respect to the device. Directs the Secretary to: (1) assign a reviewer with prior review experience with the type of of device or technology involved or other relevant expertise to review an application for an exemption of a device for investigational use, and (2) evaluate whether the investigational study can be conducted ethically with reasonable risk in determining whether to grant an exemption for investigational use. Prohibits the Secretary from disapproving an application because the investigation does not or may not meet any requirement relating to the approval or clearance of a device because the Secretary believes that a different clinical testing design or plan could produce data more relevant to an approval or clearance decision. Revises the procedures relating to submission of an application to investigate a class II or a class III device, which may include a plan for determining whether the device is substantially equivalent to or is at least as safe and effective as a legally marketed device that is not subject to premarket approval requirements. Sets forth requirements for the Secretary to meet in determining the least burdensome appropriate means of evaluating medical device effectiveness that would have a reasonable likelihood of resulting in approval. Requires the Secretary to document the scientific and regulatory rationale for any significant decision of the Center for Devices and Radiological Health regarding device review, approval, or exemption. Sets forth appeal procedures. Requires the Secretary to regularly publish detailed decision summaries for each clearance of a device not requiring premarket approval.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Access to Affordable Health Care Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress makes the following findings: (1) More than 43,000,000 Americans currently lack health insurance. (2) The great majority of the uninsured are members of families with at least 1 full-time worker. (3) Nearly half of the uninsured workers are in firms with fewer than 25 employees. (4) Small employers generally face higher costs for health insurance than do larger firms, which makes small firms less likely to offer coverage. (5) According to the Congressional Budget Office, only 42 percent of small-firm establishments with fewer than 50 employees offer health insurance to their employees. (6) The smaller the firm size, the less likely it is to offer coverage. According to the Employee Benefit Research Institute (EBRI), in 1998, among private sector workers in firms with fewer than 10 employees, 27.4 percent received health insurance from their employers in their own name, compared with 66.5 percent of workers in firms with 1,000 or more employees. (b) Purpose.--The purpose of this Act is to provide new tax incentives to make health insurance more affordable for small businesses, thus encouraging those businesses that do not currently offer health insurance to do so and discouraging businesses that currently do offer heatlh insurance from dropping coverage because of rising costs. SEC. 3. CREDIT FOR EMPLOYEE HEALTH INSURANCE EXPENSES. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business-related credits) is amended by adding at the end the following: ``SEC. 45E. EMPLOYEE HEALTH INSURANCE EXPENSES. ``(a) General Rule.--For purposes of section 38, in the case of an employer, the employee health insurance expenses credit determined under this section is an amount equal to the applicable percentage of the amount paid by the taxpayer during the taxable year for qualified employee health insurance expenses. ``(b) Applicable Percentage.--For purposes of subsection (a), the applicable percentage is equal to-- ``(1) 50 percent in the case of an employer with less than 10 employees, and ``(2) 30 percent in the case of an employer with more than 9 but less than 26 employees. ``(c) Per Employee Dollar Limitation.--The amount of qualified employee health insurance expenses taken into account under subsection (a) with respect to any qualified employee for any taxable year shall not exceed-- ``(1) $2,000 in the case of self-only coverage, and ``(2) $4,000 in the case of family coverage (as so defined). ``(d) Special Rules and Definitions.--For purposes of this section-- ``(1) Determination of employment.-- ``(A) In general.--An employer shall be considered an employer described in paragraph (1) or (2) of subsection (b) if such employer employed an average of the number of employees described in such paragraph on business days during either of the 2 preceding calendar years. For purposes of the preceding sentence, a preceding calendar year may be taken into account only if the employer was in existence throughout such year. ``(B) Employers not in existence in preceding year.--In the case of an employer which was not in existence throughout the 1st preceding calendar year, the determination under subparagraph (A) shall be based on the average number of employees that it is reasonably expected such employer will employ on business days in the current calendar year. ``(2) Qualified employee health insurance expenses.-- ``(A) In general.--The term `qualified employee health insurance expenses' means any amount paid by an employer for health insurance coverage to the extent such amount is attributable to coverage provided to any employee while such employee is a qualified employee. ``(B) Exception for amounts paid under salary reduction arrangements.--No amount paid or incurred for health insurance coverage pursuant to a salary reduction arrangement shall be taken into account under subparagraph (A). ``(C) Health insurance coverage.--The term `health insurance coverage' has the meaning given such term by section 9832(b)(1). ``(3) Qualified employee.-- ``(A) In general.--The term `qualified employee' means, with respect to any period, an employee of an employer if the total amount of wages paid or incurred by such employer to such employee at an annual rate during the taxable year is not less than $5,000. ``(B) Treatment of certain employees.--For purposes of subparagraph (A), the term `employee'-- ``(i) shall not include an employee within the meaning of section 401(c)(1), but ``(ii) shall include a leased employee within the meaning of section 414(n). ``(C) Wages.--The term `wages' has the meaning given such term by section 3121(a) (determined without regard to any dollar limitation contained in such section). ``(e) Certain Rules Made Applicable.--For purposes of this section, rules similar to the rules of section 52 shall apply. ``(f) Denial of Double Benefit.--No deduction or credit under any other provision of this chapter shall be allowed with respect to qualified employee health insurance expenses taken into account under subsection (a).''. (b) Credit To Be Part of General Business Credit.--Section 38(b) of the Internal Revenue Code of 1986 (relating to current year business credit) is amended by striking ``plus'' at the end of paragraph (12), by striking the period at the end of paragraph (13) and inserting ``, plus'', and by adding at the end the following: ``(14) the employee health insurance expenses credit determined under section 45E.''. (c) No Carrybacks.--Subsection (d) of section 39 of the Internal Revenue Code of 1986 (relating to carryback and carryforward of unused credits) is amended by adding at the end the following: ``(10) No carryback of section 45e credit before effective date.--No portion of the unused business credit for any taxable year which is attributable to the employee health insurance expenses credit determined under section 45E may be carried back to a taxable year ending before January 1, 2002.''. (d) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``Sec. 45E. Employee health insurance expenses.''. (e) Effective Date.--The amendments made by this section shall apply to amounts paid or incurred in taxable years beginning after December 31, 2001. SEC. 4. DEDUCTION FOR HEALTH AND LONG-TERM CARE INSURANCE COSTS OF INDIVIDUALS NOT PARTICIPATING IN EMPLOYER-SUBSIDIZED HEALTH PLANS. (a) In General.--Part VII of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by redesignating section 222 as section 223 and by inserting after section 221 the following new section: ``SEC. 222. HEALTH AND LONG-TERM CARE INSURANCE COSTS. ``(a) In General.--In the case of an individual, there shall be allowed as a deduction an amount equal to the applicable percentage of the amount paid during the taxable year for insurance which constitutes medical care for the taxpayer and the taxpayer's spouse and dependents. ``(b) Applicable Percentage.--For purposes of subsection (a), the applicable percentage shall be determined in accordance with the following table: ``For taxable years beginning The applicable in calendar year-- percentage is-- 2002, 2003, 2004....................................... 25 2005 and 2006.......................................... 50 2007 and thereafter.................................... 100. ``(c) Limitation Based on Other Coverage.-- ``(1) Coverage under certain subsidized employer plans.-- ``(A) In general.--Subsection (a) shall not apply to any taxpayer for any calendar month for which the taxpayer participates in any health plan maintained by any employer of the taxpayer or of the spouse of the taxpayer if 50 percent or more of the cost of coverage under such plan (determined under section 4980B and without regard to payments made with respect to any coverage described in subsection (e)) is paid or incurred by the employer. ``(B) Employer contributions to cafeteria plans, flexible spending arrangements, and medical savings accounts.--Employer contributions to a cafeteria plan, a flexible spending or similar arrangement, or a medical savings account which are excluded from gross income under section 106 shall be treated for purposes of subparagraph (A) as paid by the employer. ``(C) Aggregation of plans of employer.--A health plan which is not otherwise described in subparagraph (A) shall be treated as described in such subparagraph if such plan would be so described if all health plans of persons treated as a single employer under subsections (b), (c), (m), or (o) of section 414 were treated as one health plan. ``(D) Separate application to health insurance and long-term care insurance.--Subparagraphs (A) and (C) shall be applied separately with respect to-- ``(i) plans which include primarily coverage for qualified long-term care services or are qualified long-term care insurance contracts, and ``(ii) plans which do not include such coverage and are not such contracts. ``(2) Coverage under certain federal programs.-- ``(A) In general.--Subsection (a) shall not apply to any amount paid for any coverage for an individual for any calendar month if, as of the first day of such month, the individual is covered under any medical care program described in-- ``(i) title XVIII, XIX, or XXI of the Social Security Act, ``(ii) chapter 55 of title 10, United States Code, ``(iii) chapter 17 of title 38, United States Code, ``(iv) chapter 89 of title 5, United States Code, or ``(v) the Indian Health Care Improvement Act. ``(B) Exceptions.-- ``(i) Qualified long-term care.-- Subparagraph (A) shall not apply to amounts paid for coverage under a qualified long-term care insurance contract. ``(ii) Continuation coverage of fehbp.-- Subparagraph (A)(iv) shall not apply to coverage which is comparable to continuation coverage under section 4980B. ``(d) Long-Term Care Deduction Limited to Qualified Long-Term Care Insurance Contracts.--In the case of a qualified long-term care insurance contract, only eligible long-term care premiums (as defined in section 213(d)(10)) may be taken into account under subsection (a). ``(e) Deduction Not Available for Payment of Ancillary Coverage Premiums.--Any amount paid as a premium for insurance which provides for-- ``(1) coverage for accidents, disability, dental care, vision care, or a specified illness, or ``(2) making payments of a fixed amount per day (or other period) by reason of being hospitalized. shall not be taken into account under subsection (a). ``(f) Special Rules.-- ``(1) Coordination with deduction for health insurance costs of self-employed individuals.--The amount taken into account by the taxpayer in computing the deduction under section 162(l) shall not be taken into account under this section. ``(2) Coordination with medical expense deduction.--The amount taken into account by the taxpayer in computing the deduction under this section shall not be taken into account under section 213. ``(g) Regulations.--The Secretary shall prescribe such regulations as may be appropriate to carry out this section, including regulations requiring employers to report to their employees and the Secretary such information as the Secretary determines to be appropriate.''. (b) Deduction Allowed Whether or Not Taxpayer Itemizes Other Deductions.--Subsection (a) of section 62 of the Internal Revenue Code of 1986 is amended by inserting after paragraph (17) the following new item: ``(18) Health and long-term care insurance costs.--The deduction allowed by section 222.''. (c) Clerical Amendment.--The table of sections for part VII of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by striking the last item and inserting the following new items: ``Sec. 222. Health and long-term care insurance costs. ``Sec. 223. Cross reference.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2001. SEC. 5. DEDUCTION FOR 100 PERCENT OF HEALTH INSURANCE COSTS OF SELF- EMPLOYED INDIVIDUALS. (a) In General.--Paragraph (1) of section 162(l) of the Internal Revenue Code of 1986 is amended to read as follows: ``(1) Allowance of deduction.--In the case of an individual who is an employee within the meaning of section 401(c)(1), there shall be allowed as a deduction under this section an amount equal to 100 percent of the amount paid during the taxable year for insurance which constitutes medical care for the taxpayer and the taxpayer's spouse and dependents.''. (b) Clarification of Limitations on Other Coverage.--The first sentence of section 162(l)(2)(B) of the Internal Revenue Code of 1986 is amended to read as follows: ``Paragraph (1) shall not apply to any taxpayer for any calendar month for which the taxpayer participates in any subsidized health plan maintained by any employer (other than an employer described in section 401(c)(4)) of the taxpayer or the spouse of the taxpayer.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2001.

Access to Affordable Health Care Act - Amends the Internal Revenue Code to provide: (1) in the case of an employer, for an employee health insurance expenses credit; and (2) in the case of an individual (including the self-employed), for the deduction of 100 percent of the cost of medical care insurance.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Improving the Community Services Block Grant Act of 2005''. SEC. 2. COMMUNITY SERVICES BLOCK GRANT ACT AMENDMENTS. (a) Purposes and Goals.--Section 672 of the Community Services Block Grant Act (42 U.S.C. 9901 note) is amended to read as follows: ``SEC. 672. PURPOSES AND GOALS. ``The purpose of this subtitle is to reduce poverty-- ``(1) by strengthening and coordinating local efforts to expand opportunities for individuals and families to become economically self-sufficient and to improve and revitalize low- income communities in urban and rural areas, by providing resources to States for support of local eligible entities, including community action agencies and other community-based organizations-- ``(A) to plan, coordinate, and mobilize a broad range of Federal, State, local, and private assistance or investment in such a manner as to use these resources effectively to reduce poverty and in initiatives that are responsive to specific local needs and conditions; ``(B) to coordinate a range of services that meet the needs of low-income families and individuals, that support strong and healthy families, and that assist them in developing the skills needed to become self sustaining while ensuring that these services are provided effectively and efficiently; and ``(C) to design and implement comprehensive approaches to assist eligible individuals in gaining employment and achieving economic self-sufficiency; ``(2) by improving and revitalizing the low-income communities in urban and rural areas by providing resources to States for support of local eligible entities and their partners-- ``(A) to broaden the resource base of initiatives and projects directed to the elimination of poverty and the redevelopment of the low-income community, including partnerships with nongovernmental and governmental institutions to develop the community assets and services that reduce poverty, such as-- ``(i) other private, religious, charitable, and community-based organizations; ``(ii) individual citizens, and business, labor, and professional groups, that are able to influence the quantity and quality of opportunities and services for the poor; and ``(iii) local government leadership; and ``(B) to coordinate community-wide resources and services that will have a significant, measurable impact on the causes of poverty in the community and that will help families and individuals to achieve economic self-sufficiency and to test innovative, community-based approaches to attacking the causes and effects of poverty and of community breakdown, including-- ``(i) innovative initiatives to prevent and reverse loss of investment, jobs, public services, and infrastructure in low- and moderate-income communities; and ``(ii) innovative partnerships to leverage the assets and services that reduce poverty, as provided in subparagraph (A); and ``(3) by ensuring maximum participation of residents of low-income communities and of members of the groups served by grants made under this subtitle in guiding the eligible entities and in their programs funded under this subtitle, to ameliorate the particular problems and needs of low-income residents and to develop the permanent social and economic assets of the low-income community in order to reduce the incidence of poverty.''. (b) Definitions.--Section 673(1)(A) of the Community Services Block Grant Act (42 U.S.C. 9902(1)(A)) is amended-- (1) in clause (i) by striking ``and'' at the end; (2) in clause (ii) by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(iii) that successfully develops and meets the locally determined goals described in section 678E(b)(1), as determined by the State, and meets State goals, standards, and performance requirements as provided for in section 678B(a).''. (c) Authorization of Appropriations.--Section 674 of the Community Services Block Grant Act (42 U.S.C. 9903) is amended-- (1) in subsection (a)-- (A) by striking ``1999 through 2003'' and inserting ``2006 through 2012''; and (B) by striking ``681'' and inserting ``675C(b)(3), 681,''; (2) in subsection (b)(2)-- (A) by striking ``678F'' and inserting ``678E to assist States, eligible entities, and their partners in projects supported by this subtitle''; and (B) in subparagraph (B) by striking ``monitoring (to correct programmatic deficiencies of eligible entities)'' and inserting ``monitoring (including technical assistance and training to correct programmatic deficiencies of eligible entities)''. (d) Uses of Funds.--Section 675C of the Community Services Block Grant Act (42 U.S.C. 9907) is amended-- (1) in subsection (a)(3)(A) by striking ``Beginning on October 1, 2000, a'' and inserting ``A''; and (2) in subsection (b)(1)(F) by striking ``neighborhood- based'' and inserting ``community-based''. (e) Application and Plan.--Section 676 of the Community Services Block Grant Act (42 U.S.C. 9908) is amended-- (1) in subsection (b)-- (A) by striking ``Beginning with fiscal year 2000, to'' and inserting ``To''; (B) in paragraph (1)-- (i) in subparagraph (B)-- (I) by striking ``youth development programs that support'' and inserting ``youth development programs, which may include mentoring programs, that support''; and (II) by striking ``and'' at the end; (ii) in subparagraph (C) by adding ``and'' at the end; and (iii) by adding at the end the following: ``(D) initiatives to improve economic conditions and mobilize new resources in rural areas to eliminate obstacles to the self-sufficiency of families and individuals in rural communities;''; (C) in paragraph (2) by striking ``community and neighborhood-based'' and inserting ``community-based''; (D) in paragraph (3)-- (i) in the matter preceding subparagraph (A) by striking ``information provided by eligible entities in the State, containing'' and inserting ``an assurance that the State will provide information, including''; and (ii) in subparagraph (D) by striking ``community and neighborhood-based'' and inserting ``community-based''; (E) in paragraph (9) by striking ``and community organizations'' and inserting ``and community-based organizations''; (F) in paragraph (10) by striking ``community organization'' and inserting ``community-based organization''; (G) in paragraph (12) by striking ``and'' at the end; (H) by redesignating paragraph (13) as paragraph (15); and (I) by inserting after paragraph (12) the following: ``(13) an assurance that the State will take swift action to improve performance or, when appropriate, to terminate the funding under this subtitle of low-performing eligible entities that do not meet the applicable locally determined goals described in section 678E(b)(1) or do not meet the State goals, standards, and requirements as provided for in section 678B(a); ``(14) an assurance that the State will provide a justification to the Secretary if it continues to fund persistently low-performing eligible entities; and''; (2) in subsection (c)(2) by striking ``plan, or'' and all that follows through the period at the end, and inserting ``plan, to meet a State requirement, as described in section 678C(a), or to meet the locally determined goals as described in section 678E(b)(1).''; and (3) by striking subsection (f). (f) Training, Technical Assistance, and Other Activities.--Section 678A(a)(1)(A) of the Community Services Block Grant Act (42 U.S.C. 9913(a)(1)(A)) is amended-- (1) by inserting ``dissemination regarding best practices,'' after ``technical assistance,''; and (2) by inserting ``(including to assist in the development of reporting systems and electronic data systems)'' after ``collection activities''. (g) Monitoring of Eligible Entities.--Section 678B of the Community Services Block Grant Act (42 U.S.C. 9914) is amended-- (1) in subsection (a)-- (A) in the matter preceding paragraph (1) by inserting ``and the locally determined performance goals described in section 678E(b)(1)'' after ``a State''; and (B) in paragraph (3)-- (i) by inserting ``appropriate'' before ``goals''; and (ii) by striking ``established by the State''; and (2) in the last sentence of subsection (c) by striking ``Chairperson of the Committee on Education'' and all that follows through ``Human Resources of the Senate'' and inserting ``appropriate congressional committees''. (h) Corrective Action; Termination and Reduction of Funding.-- Section 678C(a) of the Community Services Block Grant Act (42 U.S.C. 9915(a)) is amended in the matter preceding paragraph (1) by striking ``established by the State''. (i) Accountability and Reporting Requirements.--Section 678E of the Community Services Block Grant Act (42 U.S.C. 9917) is amended-- (1) in subsection (a)-- (A) in paragraph (1)(A) by striking ``By October 1, 2001, each'' and inserting ``Each''; and (B) in paragraph (2)-- (i) in the 1st sentence by inserting ``including any activities under section 678C'' before the period at the end; (ii) by striking the 2d sentence; (iii) in the 3d sentence by striking ``also''; and (iv) in the 3d sentence by inserting ``information on the timeliness of the distribution of block grant funds to eligible entities as provided in section 675C(a),'' after ``including''; (2) in subsection (b)-- (A) in paragraph (2) in the matter preceding subparagraph (A) by striking ``beginning after September 30, 1999''; (B) in paragraph (3) by striking ``Committee on Education'' and all that follows through ``Human Resources of the Senate'' and inserting ``appropriate congressional committees''; (C) by adding at the end the following: ``(5) Coordination of reporting requirements.--To the maximum extent possible, the Secretary shall coordinate reporting requirements for all programs of the Department of Health and Human Services managed by eligible entities so as to consolidate and reduce the number of reports required about individuals, families, and uses of grant funds.''; and (D) by redesignating such subsection as subsection (c); and (3) by inserting after subsection (a) the following: ``(b) Local Accountability and Reporting Requirements.-- ``(1) Locally determined goals.--In order to be designated as an eligible entity and to receive a grant under this subtitle, an eligible entity shall establish locally determined goals for reducing poverty in the community, including goals for-- ``(A) leveraging and mobilizing community resources; ``(B) fostering coordination of Federal, State, local, private, and other assistance; and ``(C) promoting community involvement. ``(2) Demonstration that goals were met.--In order for an eligible entity to receive a second or subsequent grant made under this subtitle after the effective date of this paragraph, such entity shall demonstrate to the State that it has met the goals described in paragraph (1).''. (j) Treatment of Beneficiaries.--Section 679 of the Community Services Block Grant Act (42 U.S.C. 9920) is amended by adding at the end the following: ``(f) Treatment of Beneficiaries.--In providing assistance under a program described in subsection (a), a religious organization shall not discriminate against a beneficiary, or a potential beneficiary, of such assistance on the basis of religion or of a religious belief.''. (k) Discretionary Authority of Secretary.--Section 680 of the Community Services Block Grant Act (42 U.S.C. 9921) is amended-- (1) in subsection (a)-- (A) in paragraph (2)-- (i) in subparagraph (A) by inserting ``(including financial assistance for construction or substantial rehabilitation of buildings and facilities, and for loans or investments in private business enterprises owned by community development corporations)'' after ``assistance''; (ii) by redesignating subparagraphs (B), (C), (D), and (E) as subparagraphs (D), (E), (F), and (G), respectively; and (iii) by inserting after subparagraph (A) the following: ``(B) Federal interest.--The Secretary shall establish procedures that permit funds provided under a grant made under this paragraph, or intangible assets acquired with such funds, to become the sole property of the grantee before the expiration of the 12-year period beginning after the fiscal year for which such grant is made if such grantee agrees to use such funds or such property for purposes and uses consistent with the purposes and uses for which such grant is made. ``(C) Replacement activities.--The Secretary shall establish procedures to allow a grant made under this paragraph to be used by a grantee to carry out activities substantially similar to the activities for which such grant is made if, due to no fault of such grantee, such grantee cannot carry out the activities for which such grant is made. Such procedures shall require that the substantially similar activities serve the same impact area and have the same goals, objectives, and outcomes as the activities for which such grant is made.''; (B) in paragraph (3)(B) by inserting ``water and wastewater'' after ``community''; and (C) in paragraph (4) by striking ``neighborhood- based'' and inserting ``community-based''; and (2) in subsection (c) by striking ``Chairperson of the Committee on Education'' and all that follows through ``Human Resources of the Senate'' and inserting ``appropriate congressional committees''. (l) Community Food and Nutrition Programs.--Section 681 of the Community Services Block Grant Act (42 U.S.C. 9922) is amended-- (1) in subsection (c) in the matter preceding paragraph (1) by striking ``Committee on Education'' and all that follows through ``Human Resources of the Senate'' and inserting ``appropriate congressional committees''; and (2) in subsection (d) by striking ``1999 through 2003'' and inserting ``2006 through 2012''. (m) National or Regional Programs Designed to Provide Instructional Activities for Low-Income Youth.--Section 682 of the Community Services Block Grant Act (42 U.S.C. 9923) is amended-- (1) in subsection (b)(5)-- (A) by inserting ``(which may be accomplished through mentoring)'' after ``youth''; and (B) by inserting ``to improve academic achievement'' after ``study practices''; and (2) in subsection (g) by striking ``1999 through 2003'' and inserting ``2006 through 2012''. SEC. 3. EFFECTIVE DATE. This Act and the amendments made by this Act shall take effect on the 1st day of the 1st fiscal year beginning after the date of the enactment of this Act.

Improving the Community Services Block Grant Act of 2005 - Amends the Community Services Block Grant Act (CSBGA) to reauthorize appropriations and to revise the program. Requires eligible entities to develop and meet locally determined goals as well as State goals, standards, and performance requirements. Includes initiatives to improve economic conditions and mobilize new resources in rural areas to eliminate obstacles to the self-sufficiency of families and individuals in rural communities among the activities for which State plans must assure use of CSBGA grant funds. Requires State plans to include assurances that the State will: (1) take swift action to improve performance, or when appropriate, terminate the funding of low-performing eligible entities that do not meet locally determined goals or State goals, standards and performance requirements; and (2) provide a justification to the Secretary if they continue to fund persistently low-performing eligible entities. Requires States to: (1) measure performance of local entities with regard to locally determined goals; and (2) provide information on the timeliness of the distribution of block grant funds to eligible entities, and on their availability as timely advance payments for activities approved in local plans. Requires eligible entities to: (1) develop locally determined goals; and (2) demonstrate to the State that they have met such local goals to continue their eligibility for funding. Sets forth local grantee accountability and reporting requirements. Includes water and wastewater facility needs among those to be addressed by rural community development assistance.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Telephone Slamming Prevention Act of 1998''. SEC. 2. IMPROVEMENTS OF PROTECTIONS AGAINST UNAUTHORIZED CHANGES OF PROVIDERS OF TELEPHONE SERVICE. (a) Clarification of Verification Procedures.--Subsection (a) of section 258 of the Communications Act of 1934 (47 U.S.C. 258) is amended to read as follows: ``(a) Prohibition.-- ``(1) In general.--No telecommunications carrier shall submit or execute a change in a subscriber's selection of a provider of telephone exchange service or telephone toll service except in accordance with this section and such verification procedures as the Commission shall prescribe. ``(2) Verification.--The procedures prescribed by the Commission to verify a subscriber's selection of a telephone exchange service or telephone toll service provider shall-- ``(A) preclude the use of negative option letters of agency as a verification method; and ``(B) require the retention of the verification of a subscriber's selection in such manner and form and for such time as the Commission considers appropriate.''. (b) Liability for Charges.--Subsection (b) of such section is amended-- (1) by striking ``(b) Liability for Charges.--Any telecommunications carrier'' and inserting the following: ``(b) Liability for Charges.-- ``(1) In general.--Any telecommunications carrier''; (2) by designating the second sentence as paragraph (3) and inserting at the beginning of such paragraph, as so designated, the following: ``(3) Construction of remedies.--''; and (3) by inserting after paragraph (1), as designated by paragraph (1) of this subsection, the following: ``(2) Subscriber payment option.-- ``(A) In general.--A subscriber whose telephone exchange service or telephone toll service is changed in violation of the procedures prescribed under subsection (a) may elect to pay the carrier previously selected by the subscriber for any such service received after the change in full satisfaction of amounts due from the subscriber to the carrier providing such service after the change. ``(B) Payment rate.--Payment for service under subparagraph (A) shall be at the rate for such service charged by the carrier previously selected by the subscriber concerned.''. (c) Additional Penalties.--Such section is further amended by adding at the end the following: ``(c) Civil Penalties.-- ``(1) In general.--Unless the Commission determines that there are mitigating circumstances, any telecommunications carrier who submits or executes a change in a provider of telephone exchange service or telephone toll service in violation of the procedures prescribed under subsection (a) shall be fined a minimum of $50,000 for the first offense and shall be fined a minimum of $100,000 for any subsequent offense. ``(2) Penalties for activities of agents and resellers.-- The Commission may assess penalties for violations of the procedures prescribed under subsection (a) in the case of a carrier that submits or executes unauthorized changes on behalf of its agents or resellers if the carrier meets such conditions as the Commission shall prescribe in regulations. ``(d) Criminal Penalties.--Any person who submits or executes a change in a provider of telephone exchange service or telephone toll service in willful violation of the procedures prescribed under subsection (a)-- ``(1) shall be fined in accordance with title 18, United States Code, imprisoned not more than 1 year, or both; but ``(2) if previously convicted under this subsection at the time of a subsequent offense, shall be fined in accordance with title 18, United States Code, imprisoned not more than 5 years, or both, for such subsequent offense. ``(e) Disqualification From Certain Activities.-- ``(1) Disqualification of persons.--Subject to paragraph (3), any person convicted under subsection (d), in addition to any fines or imprisonment under that subsection, may not carry out any activities covered by section 214. ``(2) Disqualification of companies.--Subject to paragraph (3), any company substantially controlled by a person convicted under subsection (d) may not carry out any activities covered by section 214. ``(3) Reinstatement.-- ``(A) In general.--The Commission may terminate the application of paragraph (1) or (2) of this subsection to a person or company, as the case may be, if the Commission determines that the termination would be in the public interest. ``(B) Effective date.--The termination of the applicability of paragraph (1) or (2) to a person or company, as the case may be, under subparagraph (A) may not take effect earlier than 5 years after the date on which the applicable paragraph applied to the person or company. ``(f) Actions by States.--Whenever the attorney general of a State, or an official or agency designated by a State, has reason to believe that any person has engaged or is engaging in a pattern or practice of unauthorized changes in providers of telephone exchange service or telephone toll service of residents in such State in violation of the procedures prescribed under subsection (a), the State may bring a civil action on behalf of its residents to enjoin such practices, to recover damages equal to the actual monetary loss suffered by such residents, or both. If the court finds the defendant executed such changes in willful and knowing violation of such procedures, the court may, in its discretion, increase the amount of the award to an amount equal to not more than 3 times the amount awardable under the preceding sentence. ``(g) No Preemption of State Law.--Nothing in this section shall preempt the availability of relief under State law for unauthorized changes of providers of intrastate telephone exchange service or telephone toll service. ``(h) Reports on Complaints.-- ``(1) Reports required.--Each telecommunications carrier shall submit to the Commission, as frequently as the Commission shall require, a report on the number of complaints of unauthorized changes in providers of telephone exchange service or telephone toll service that are submitted to the carrier by its subscribers. Each report shall specify each provider of service complained of and the number of complaints relating to such provider. ``(2) Utilization.--The Commission shall use the information submitted in reports under this subsection to identify telecommunications carriers that engage in patterns and practices of unauthorized changes in providers of telephone exchange service or telephone toll service.''. (d) Treatment of Regulations.--The Federal Communications Commission may treat the regulations prescribed under section 258 of the Communications Act of 1934 before the date of enactment of this Act as regulations prescribed under such section 258, as amended by this section, but only to the extent that the regulations prescribed before such date of enactment are not inconsistent with the requirements of such section, as so amended. (e) Report on Slamming Violations.-- (1) In general.--Not later than October 31, 1998, the Federal Communications Commission shall submit to Congress a report on its enforcement actions against carriers for violations of the procedures prescribed under section 258(a) of the Communications Act of 1934, as in effect on the day before the date of enactment of this Act. (2) Elements.--The report shall-- (A) set forth the number of complaints against each telecommunications carrier that was subject to more than 100 complaints in 1997 for violation of the procedures referred to in paragraph (1); and (B) describe the penalties assessed against each such carrier for violations of such procedures. SEC. 3. REVIEW OF ADEQUACY OF LICENSING REQUIREMENTS AND PROCEDURES. Not later than 6 months after the date of enactment of this Act, the Federal Communications Commission shall submit to Congress a report that-- (1) assesses the adequacy and effectiveness of the licensing requirements and procedures of the Commission under section 214 of the Communications Act of 1934 (47 U.S.C. 214) in determining whether or not a carrier is suitable for licensing under that section; and (2) identifies additional actions that the Commission could take under that section in order to ensure that new licenses are not issued under that section to persons or carriers that have previously lost their licenses for violations of section 258 of that Act (47 U.S.C. 258) or have otherwise engaged in egregious violations of such section 258.

Telephone Slamming Prevention Act of 1998 - Amends the Communications Act of 1934 (the Act) to require procedures prescribed by the Federal Communications Commission (FCC) to verify a subscriber's selection of a provider of telephone exchange or toll service to: (1) preclude the use of negative option letters of agency; and (2) require the retention of a subscriber's selection verification. Allows a subscriber whose provider is changed in violation of such Act to pay the former provider for all services provided by the unauthorized provider. Authorizes civil penalties: (1) of a minimum of $50,000 for the first offense and $100,000 for any additional offense by carriers who submit or execute an unauthorized change of provider service; and (2) in the case of a carrier that submits or executes unauthorized changes on behalf of its agents or resellers. Prescribes criminal penalties of a fine and up to one year in prison for a first offense and up to five years in prison for a subsequent offense for such a willful violation by any person. Prohibits any person or company convicted of such violations from participating in the provision of universal telecommunications service and related activities authorized under the Act. Authorizes reinstatement of such participation, but no earlier than five years after such prohibition, if found by the FCC to be in the public interest. Authorizes a State to bring an action on behalf of its residents when it has reason to believe that a carrier has or is engaging in a pattern or practice of making such unauthorized changes in service providers. Requires each carrier to report to the FCC on the number of complaints of unauthorized provider changes submitted to such carrier by its subscribers. Directs the FCC to utilize such information to identify carriers that engage in patterns and practices of unauthorized provider changes. Directs the FCC to report to the Congress on: (1) its enforcement against carriers for violations of this Act; (2) the adequacy and effectiveness of carrier licensing requirements and procedures in determining whether a carrier is suitable for such license; and (3) additional actions the FCC could take to ensure that new licenses are not issued to persons or carriers that have previously lost such license due to violations covered by this Act or that have engaged in egregious violations covered by this Act.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Strong Character for Strong Schools Act''. SEC. 2. PARTNERSHIPS IN CHARACTER EDUCATION PROGRAM. Section 10103 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8003) is amended to read as follows: ``SEC. 10103. PARTNERSHIPS IN CHARACTER EDUCATION PROGRAM. ``(a) Program Authorized.-- ``(1) In general.--The Secretary is authorized to award grants to eligible entities for the design and implementation of character education programs that incorporate the elements of character described in subsection (d), as well as other character elements identified by the eligible entities. ``(2) Eligible entity.--The term `eligible entity' means-- ``(A) a State educational agency in partnership with 1 or more local educational agencies; ``(B) a State educational agency in partnership with-- ``(i) one or more local educational agencies; and ``(ii) one or more nonprofit organizations or entities, including institutions of higher education; ``(C) a local educational agency or consortium of local educational agencies; or ``(D) a local educational agency in partnership with another nonprofit organization or entity, including institutions of higher education. ``(3) Duration.--Each grant under this section shall be awarded for a period not to exceed 3 years, of which the eligible entity shall not use more than 1 year for planning and program design. ``(4) Amount of grants for state educational agencies.-- Subject to the availability of appropriations, the amount of grant made by the Secretary to a State educational agency in a partnership described in subparagraph (A) or (B) of paragraph (2), that submits an application under subsection (b) and that meets such requirements as the Secretary may establish under this section, shall not be less than $500,000. ``(b) Applications.-- ``(1) Requirement.--Each eligible entity desiring a grant under this section shall submit an application to the Secretary at such time and in such manner as the Secretary may require. ``(2) Contents of application.--Each application submitted under this section shall include-- ``(A) a description of any partnerships or collaborative efforts among the organizations and entities of the eligible entity; ``(B) a description of the goals and objectives of the program proposed by the eligible entity; ``(C) a description of activities that will be pursued and how those activities will contribute to meeting the goals and objectives described in subparagraph (B), including-- ``(i) how parents, students (including students with physical and mental disabilities), and other members of the community, including members of private and nonprofit organizations, will be involved in the design and implementation of the program and how the eligible entity will work with the larger community to increase the reach and promise of the program; ``(ii) curriculum and instructional practices that will be used or developed; ``(iii) methods of teacher training and parent education that will be used or developed; and ``(iv) how the program will be linked to other efforts in the schools to improve student performance; ``(D) in the case of an eligible entity that is a State educational agency-- ``(i) a description of how the State educational agency will provide technical and professional assistance to its local educational agency partners in the development and implementation of character education programs; and ``(ii) a description of how the State educational agency will assist other interested local educational agencies that are not members of the original partnership in designing and establishing character education programs; ``(E) a description of how the eligible entity will evaluate the success of its program-- ``(i) based on the goals and objectives described in subparagraph (B); and ``(ii) in cooperation with the national evaluation conducted pursuant to subsection (c)(2)(B)(iii); ``(F) an assurance that the eligible entity annually will provide to the Secretary such information as may be required to determine the effectiveness of the program; and ``(G) any other information that the Secretary may require. ``(c) Evaluation and Program Development.-- ``(1) Evaluation and reporting.-- ``(A) State and local reporting and evaluation.-- Each eligible entity receiving a grant under this section shall submit to the Secretary a comprehensive evaluation of the program assisted under this section, including the impact on students (including students with physical and mental disabilities), teachers, administrators, parents, and others-- ``(i) by the second year of the program; and ``(ii) not later than 1 year after completion of the grant period. ``(B) Contracts for evaluation.--Each eligible entity receiving a grant under this section may contract with outside sources, including institutions of higher education, and private and nonprofit organizations, for purposes of evaluating its program and measuring the success of the program toward fostering in students the elements of character described in subsection (d). ``(2) National research, dissemination, and evaluation.-- ``(A) In general.--The Secretary is authorized to make grants to, or enter into contracts or cooperative agreements with, State or local educational agencies, institutions of higher education, tribal organizations, or other public or private agencies or organizations to carry out research, development, dissemination, technical assistance, and evaluation activities that support or inform State and local character education programs. The Secretary shall reserve not more than 5 percent of the funds made available under this section to carry out this paragraph. ``(B) Uses.--Funds made available under subparagraph (A) may be used-- ``(i) to conduct research and development activities that focus on matters such as-- ``(I) the effectiveness of instructional models for all students, including students with physical and mental disabilities; ``(II) materials and curricula that can be used by programs in character education; ``(III) models of professional development in character education; and ``(IV) the development of measures of effectiveness for character education programs which may include the factors described in paragraph (3); ``(ii) to provide technical assistance to State and local programs, particularly on matters of program evaluation; ``(iii) to conduct a national evaluation of State and local programs receiving funding under this section; and ``(iv) to compile and disseminate, through various approaches (such as a national clearinghouse)-- ``(I) information on model character education programs; ``(II) character education materials and curricula; ``(III) research findings in the area of character education and character development; and ``(IV) any other information that will be useful to character education program participants, educators, parents, administrators, and others nationwide. ``(C) Priority.--In carrying out national activities under this paragraph related to development, dissemination, and technical assistance, the Secretary shall seek to enter into partnerships with national, nonprofit character education organizations with expertise and successful experience in implementing local character education programs that have had an effective impact on schools, students (including students with disabilities), and teachers. ``(3) Factors.--Factors which may be considered in evaluating the success of programs funded under this section may include-- ``(A) discipline issues; ``(B) student performance; ``(C) participation in extracurricular activities; ``(D) parental and community involvement; ``(E) faculty and administration involvement; ``(F) student and staff morale; and ``(G) overall improvements in school climate for all students, including students with physical and mental disabilities. ``(d) Elements of Character.-- ``(1) In general.--Each eligible entity desiring funding under this section shall develop character education programs that incorporate the following elements of character: ``(A) Caring. ``(B) Civic virtue and citizenship. ``(C) Justice and fairness. ``(D) Respect. ``(E) Responsibility. ``(F) Trustworthiness. ``(G) Any other elements deemed appropriate by the members of the eligible entity. ``(2) Additional elements of character.--An eligible entity participating under this section may, after consultation with schools and communities served by the eligible entity, define additional elements of character that the eligible entity determines to be important to the schools and communities served by the eligible entity. ``(e) Use of Funds by State Educational Agency Recipients.--Of the total funds received in any fiscal year under this section by an eligible entity that is a State educational agency-- ``(1) not more than 10 percent of such funds may be used for administrative purposes; and ``(2) the remainder of such funds may be used for-- ``(A) collaborative initiatives with and between local educational agencies and schools; ``(B) the preparation or purchase of materials, and teacher training; ``(C) grants to local educational agencies, schools, or institutions of higher education; and ``(D) technical assistance and evaluation. ``(f) Selection of Grantees.-- ``(1) Criteria.--The Secretary shall select, through peer review, eligible entities to receive grants under this section on the basis of the quality of the applications submitted under subsection (b), taking into consideration such factors as-- ``(A) the quality of the activities proposed to be conducted; ``(B) the extent to which the program fosters in students the elements of character described in subsection (d) and the potential for improved student performance; ``(C) the extent and ongoing nature of parental, student, and community involvement; ``(D) the quality of the plan for measuring and assessing success; and ``(E) the likelihood that the goals of the program will be realistically achieved. ``(2) Diversity of projects.--The Secretary shall approve applications under this section in a manner that ensures, to the extent practicable, that programs assisted under this section-- ``(A) serve different areas of the Nation, including urban, suburban, and rural areas; and ``(B) serve schools that serve minorities, Native Americans, students of limited-English proficiency, disadvantaged students, and students with disabilities. ``(g) Participation by Private School Children and Teachers.-- Grantees under this section shall provide, to the extent feasible and appropriate, for the participation of students and teachers in private elementary and secondary schools in programs and activities under this section. ``(h) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section, $50,000,000 for fiscal year 2002 and such sums as may be necessary for each of the 4 succeeding fiscal years.''.

Strong Character for Strong Schools Act - Amends the Elementary and Secondary Education Act of 1965 to authorize the Secretary of Education to make grants to eligible entities in partnerships to design and implement State and local character education programs incorporating the elements of caring, civic virtue and citizenship, justice and fairness, respect, responsibility, and trustworthiness, as well as any other elements deemed appropriate by the members of the eligible entity, and any additional elements defined after consultation with the schools and communities served.

SECTION 1. SHORT TITLE. This Act may be cited as the ``End Housing Subsidies for the Rich Act of 2016''. SEC. 2. LIMITATION ON PUBLIC HOUSING TENANCY FOR OVER-INCOME FAMILIES. Section 16(a) of the United States Housing Act of 1937 (42 U.S.C. 1437n(a)) is amended by adding at the end the following: ``(5) Limitations on tenancy for over-income families.-- ``(A) Limitations.--Except as provided in subparagraph (B), in the case of any family residing in a dwelling unit of public housing whose income for the most recent 2 consecutive years, as determined pursuant to income reviews conducted under section 3(a)(1), has exceeded the applicable income limitation under subparagraph (D), the public housing agency shall terminate the tenancy of the family in public housing not later than 6 months after the income determination. ``(B) Exception.--A family described in subparagraph (A) may continue to occupy the dwelling unit of public housing on a month-to-month basis if-- ``(i) the public housing agency charges the family as monthly rent for the dwelling unit an amount equal the applicable fair market rental established under section 8(c) for a dwelling unit in the same market area of the same size; and ``(ii) there are no eligible families applying for housing assistance from the public housing agency for that month and the agency provides not less than 30-day public notice of the availability of such assistance. ``(C) Notice.--In the case of any family residing in a dwelling unit of public housing whose income for a year has exceeded the applicable income limitation under subparagraph (D), upon the conclusion of that year the public housing agency shall provide written notice to the family of the requirements under subparagraph (A). ``(D) Income limitation.--The income limitation under this subparagraph shall be 120 percent of the median income for the area, as determined by the Secretary with adjustments for smaller and larger families. ``(E) Reports on over-income families and waiting lists.--The Secretary shall require that each public housing agency shall-- ``(i) submit a report annually, in a format required by the Secretary, that specifies-- ``(I) the number of families residing, as of the end of the year for which the report is submitted, in public housing administered by the agency who had incomes exceeding the applicable income limitation under subparagraph (D); and ``(II) the number of families, as of the end of the year for which the report is submitted year, on the waiting lists for admission to public housing dwelling units of the agency; and ``(ii) make the information reported pursuant to clause (i) publicly available.''. SEC. 3. LIMITATION ON ELIGIBILITY FOR ASSISTANCE BASED ON ASSETS. Section 16 of the United States Housing Act of 1937 (42 U.S.C. 1437n) is amended by inserting after subsection (d) the following: ``(e) Eligibility for Assistance Based on Assets.-- ``(1) Limitation on assets.--Subject to paragraph (3) and notwithstanding any other provision of this Act, a dwelling unit assisted under this Act may not be rented and assistance under this Act may not be provided, either initially or at each recertification of family income, to any family-- ``(A) whose net family assets exceed $100,000, as such amount is adjusted annually by applying an inflationary factor as the Secretary considers appropriate; or ``(B) who has a present ownership interest in, a legal right to reside in, and the effective legal authority to sell, real property that is suitable for occupancy by the family as a residence, except that the prohibition under this subparagraph shall not apply to-- ``(i) any property for which the family is receiving assistance under subsection (y) or (o)(12) of section 8; ``(ii) any person that is a victim of domestic violence; or ``(iii) any family that is offering such property for sale. ``(2) Net family assets.-- ``(A) In general.--For purposes of this subsection, the term `net family assets'-- ``(i) means, for all members of the household, the net cash value of all assets after deducting reasonable costs that would be incurred in disposing of real property, savings, stocks, bonds, and other forms of capital investment; and ``(ii) does not include interests in Indian trust land, equity in property for which the family is receiving assistance under subsection (y) or (o)(12) of section 8, equity accounts in homeownership programs of the Department of Housing and Urban Development, or Family Self Sufficiency accounts. ``(B) Exclusions.--Such term does not include-- ``(i) the value of personal property, except for items of personal property of significant value, as the Secretary may establish or the public housing agency may determine; ``(ii) the value of any retirement account; ``(iii) real property for which the family does not have the effective legal authority necessary to sell such property; ``(iv) any amounts recovered in any civil action or settlement based on a claim of malpractice, negligence, or other breach of duty owed to a member of the family and arising out of law, that resulted in a member of the family being disabled; ``(v) the value of any Coverdell education savings account under section 530 of the Internal Revenue Code of 1986 or any qualified tuition program under section 529 of such Code; and ``(vi) such other exclusions as the Secretary may establish. ``(C) Trust funds.--In cases in which a trust fund has been established and the trust is not revocable by, or under the control of, any member of the family or household, the value of the trust fund shall not be considered an asset of a family if the fund continues to be held in trust. Any income distributed from the trust fund shall be considered income for purposes of section 3(b) and any calculations of annual family income, except in the case of medical expenses for a minor. ``(3) Self-certification.-- ``(A) Net family assets.--A public housing agency or owner may determine the net assets of a family, for purposes of this section, based on a certification by the family that the net assets of such family do not exceed $50,000, as such amount is adjusted annually by applying an inflationary factor as the Secretary considers appropriate. ``(B) No current real property ownership.--A public housing agency or owner may determine compliance with paragraph (1)(B) based on a certification by the family that such family does not have any current ownership interest in any real property at the time the agency or owner reviews the family's income. ``(C) Standardized forms.--The Secretary may develop standardized forms for the certifications referred to in subparagraphs (A) and (B). ``(4) Compliance for public housing dwelling units.--When recertifying family income with respect to families residing in public housing dwelling units, a public housing agency may, in the discretion of the agency and only pursuant to a policy that is set forth in the public housing agency plan under section 5A for the agency, choose not to enforce the limitation under paragraph (1). ``(5) Enforcement.--When recertifying the income of a family residing in a dwelling unit assisted under this Act, a public housing agency or owner may choose not to enforce the limitation under paragraph (1) or may establish exceptions to such limitation based on eligibility criteria, but only pursuant to a policy that is set forth in the public housing agency plan under section 5A for the agency or under a policy adopted by the owner. Eligibility criteria for establishing exceptions may provide for separate treatment based on family type and may be based on different factors, such as age, disability, income, the ability of the family to find suitable alternative housing, and whether supportive services are being provided. ``(6) Authority to delay evictions.--In the case of a family residing in a dwelling unit assisted under this Act who does not comply with the limitation under paragraph (1), the public housing agency or project owner may delay eviction or termination of the family based on such noncompliance for a period of not more than 6 months. ``(7) Verifying income.-- ``(A) Beginning in fiscal year 2018, the Secretary shall require public housing agencies to require each applicant for, or recipient of, benefits under this Act to provide authorization by the applicant or recipient (or by any other person whose income or resources are material to the determination of the eligibility of the applicant or recipient for such benefits) for the public housing agency to obtain (subject to the cost reimbursement requirements of section 1115(a) of the Right to Financial Privacy Act (12 U.S.C. 3415(a))) from any financial institution (within the meaning of section 1101(1) of such Act (12 U.S.C. 3401(1))) any financial record (within the meaning of section 1101(2) of such Act (12 U.S.C. 3401(2))) held by the institution with respect to the applicant or recipient (or any such other person) whenever the public housing agency determines the record is needed in connection with a determination with respect to such eligibility or the amount of such benefits. ``(B) Notwithstanding section 1104(a)(1) of the Right to Financial Privacy Act (12 U.S.C. 3404(a)(1)), an authorization provided by an applicant or recipient (or any other person whose income or resources are material to the determination of the eligibility of the applicant or recipient) pursuant to subparagraph (A) of this paragraph shall remain effective until the earliest of-- ``(i) the rendering of a final adverse decision on the applicant's application for eligibility for benefits under this Act; ``(ii) the cessation of the recipient's eligibility for benefits under this Act; or ``(iii) the express revocation by the applicant or recipient (or such other person referred to in subparagraph (A)) of the authorization, in a written notification to the Secretary. ``(C)(i) An authorization obtained by the public housing agency pursuant to this paragraph shall be considered to meet the requirements of the Right to Financial Privacy Act for purposes of section 1103(a) of such Act (12 U.S.C. 3403(a)), and need not be furnished to the financial institution, notwithstanding section 1104(a) of such Act (12 U.S.C. 3404(a)). ``(ii) The certification requirements of section 1103(b) of the Right to Financial Privacy Act (12 U.S.C. 3404(b)) shall not apply to requests by the public housing agency pursuant to an authorization provided under this clause. ``(iii) A request by the public housing agency pursuant to an authorization provided under this clause is deemed to meet the requirements of section 1104(a)(3) of the Right to Financial Privacy Act (12 U.S.C. 3404(a)(3)) and the flush language of section 1102 of such Act (12 U.S.C. 3402). ``(iv) The public housing agency shall inform any person who provides authorization pursuant to this paragraph of the duration and scope of the authorization. ``(D) If an applicant for, or recipient of, benefits under this Act (or any such other person referred to in subparagraph (A)) refuses to provide, or revokes, any authorization made by the applicant or recipient for the public housing agency to obtain from any financial institution any financial record, the public housing agency may, on that basis, determine that the applicant or recipient is ineligible for benefits under this title.''.

End Housing Subsidies for the Rich Act of 2016 This bill amends the United States Housing Act of 1937 to revise eligibility requirements for assisted housing. If a public housing agency (PHA) determines that a tenant's income is greater than 120% of the area median income for two consecutive years, the PHA must terminate the family's tenancy within six months. Such a family may, however, continue to occupy the dwelling unit month-to-month if: the PHA charges the family the fair market rent, and there are no eligible families applying for housing assistance from the PHA for that month and the agency provides at least a 30-day public notice of the availability of such assistance. A PHA may not rent a dwelling unit to or assist families with net family assets exceeding $100,000 annually (adjusted for inflation) or an ownership interest in property that is suitable for occupancy. This restriction does not apply to victims of domestic violence, individuals using housing assistance for homeownership opportunities, or a family that is offering a property for sale. PHAs must require applicants to authorize financial institutions to disclose records necessary to determine eligibility for benefits.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Temple Mount Preservation Act of 2001''. SEC. 2. FINDINGS. The Congress makes the following findings: (1) The Temple Mount, located in the heart of Jerusalem, Israel, has great religious significance to the world's three major monotheistic religions, and increasing violence, religious intolerance, and archeological neglect threaten to destroy this sacred site. (2) According to the Jewish faith, the Temple Mount (Har ha-Bayit in Hebrew) is the location where Abraham was asked to sacrifice his only son, Isaac, in the ultimate test of his commitment to God. The Temple Mount was also the site of the first and second Holy Temples, and it is a basic tenet of Judaism that it will be the site of the third Holy Temple. (3) According to Christianity, Jesus was dedicated on the Temple Mount in the Second Temple in accordance with the Law of Moses. He referred to the Biblical Temple as his Father's House, and was tempted by the Devil at the pinnacle of the Temple Mount. (4) According to Islam, the Prophet Mohammad ascended into Heaven riding al-Burak from the edge of the Temple Mount (Haram al-Shaif in Arabic). Al-Aqsa Mosque is located on the site of the Prophet's ascent and is the third holiest site in Islam. The Dome of the Rock was built over the Holiest Rock, considered in Muslim traditions as the Center or Core of the Universe. (5) In June 1967, Jerusalem once again became a united city under Israel's sovereignty. Since that time, Israel has been legally responsible for the Temple Mount and has been respectful of the religious practices of Jews, Christians, and Muslims with regard to this site. (6) The Israeli Government elected to delegate the daily oversight of the Temple Mount to the Temple Mount Waqf (Religious Council), in tacit cooperation with the Hashemite Kingdom of Jordan, because of the King's capacity as the Custodian of Haram al-Sharif. In 1994, Jordan's role as custodian of Muslim religious interests was codified in the Israeli-Jordanian Peace Treaty. (7) In the aftermath of the 1993 Oslo Accords, Yassir Arafat's Palestinian Authority asserted preeminence on the Temple Mount through the subversion of the Waqf and by coercing the Jordan-affiliated officials and clergymen off the Temple Mount. Arafat personally nominated the virulently anti-Semitic and anti-American Mufti Ikrima Sabri as the Imam of al-Aqsa Mosque. In May 1998, Sabri declared that the Jews have no right to the Temple Mount. (8) In 1996, the Israeli Islamic Movement sponsored the expansion of the underground al-Marawani Mosque on the Temple Mount. The excavation conducted for this expansion extended beyond the original compound, and an ancient underground structure dating from the period of the Second Temple (circa 515 B.C. (B.C.E.) to 70 A.D. (C.E.)), known as the Western Hulda Gate passageway, was converted into a mosque. (9) In early 1998, the Waqf, controlled by the Palestinian Authority, began further excavation. A major underground mosque hall was inaugurated in August 1999 and an emergency exit was opened to a mosque located on the Temple Mount. The exit is 18,000 square feet in size and up to 36 feet deep, and thousands of tons of ancient fills from the site were dumped into the Kidron Valley. Archeologists have subsequently determined that artifacts dumped into the Kidron Valley from the Temple Mount dated from the period of the First Temple (circa 1006 B.C. (B.C.E.) to 586 B.C. (B.C.E.)). (10) In mid 2000, Arafat deployed onto the Temple Mount armed and unarmed security personnel of Jibril Rajoub's Preventive Security Forces in violation of numerous past agreements with Israel. Rajoub's forces evicted the Waqf's personnel and consolidated Arafat's control and ability to wage the Intifadah (``uprising'') against Israel. (11) In February and March of 2001, an ancient arched structure built against the Eastern Wall of the Temple Mount enclosure was razed by bulldozers in order to further enlarge the emergency gate of the new mosque at the Stables of Solomon. (12) In early May, Arafat ordered that the underground halls under the Temple Mount be unified into a single fortified space that would be both the largest mosque ever built on Haram al-Sharif and a springboard for the forthcoming Palestinian struggle for control of the Temple Mount. Given the haste and unsupervised nature of the ongoing excavation and construction work, there is great fear that the foundations of the two Holy Mosques will be severely damaged to the point of collapse. (13) The actions of Yassir Arafat and the Palestinian Authority threaten to eliminate all historical evidence of Jewish activity on the Temple Mount and serve to discredit Israeli claims of sovereignty over the Temple Mount. (14) The massive excavation and unsupervised destruction of artifacts discovered within the Temple Mount are undeniable affronts to the concepts of religious freedom and tolerance that must be respected in order to achieve and maintain peace in the Middle East. The destruction of the Temple Mount, which threatens to incite more violence, is destroying sacred artifacts and jeopardizing the ability of Americans to understand and promote their Judeo-Christian heritage. SEC. 3. PROHIBITION ON FUNDS FOR PALESTINIAN AUTHORITY AND ITS INSTRUMENTALITIES. (a) Prohibition.--Notwithstanding any other provision of law, no funds appropriated or otherwise made available in any Act of Congress may be used for any form of assistance to the Palestinian Authority or any instrumentality of the Palestinian Authority, either directly or through any nongovernmental organization or other entity, unless the President has certified to the Congress that no excavation of the Temple Mount in Israel is being conducted, other than that authorized by the Israeli Antiquities Authority. (b) Annual Recertification Required.--Any certification by the President under subsection (a) shall expire on the last day of the fiscal year in which it is made. (c) National Security Waiver.--The President may waive the prohibition contained in subsection (a) for a fiscal year if the President certifies in writing to the Congress that such waiver is in the national security interests of the United States.

Temple Mount Preservation Act of 2001 - Bars the use of appropriated funds for assistance to the Palestinian Authority (or its instrumentalities) unless the President certifies to Congress that no excavation of the Temple Mount in Israel is being conducted, other than that authorized by the Israeli Antiquities Authority. Provides a waiver of such prohibition if it is certified to Congress that it is in the national security interests of the United States.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Health Care Waiver Fairness Act of 2011''. SEC. 2. PPACA WAIVER PROCESS. (a) In General.--Title I of the Patient Protection and Affordable Care Act (Public Law 111-148) is amended by adding at the end the following new subtitle: ``Subtitle G--Waiver Process ``SEC. 1601. ESTABLISHMENT OF WAIVER PROCESS. ``(a) In General.--The applicable authorities (as defined in subsection (c)) shall collectively establish a process (in this section referred to as the `waiver process') under which the administrator of a health plan, an employer, an individual, or other entity may seek to waive the application of a requirement under this title with respect to such plan, employer, individual, or entity. Among the requirements under this title, such process shall apply to the following: ``(1) Section 5000A of the Internal Revenue Code of 1986 (relating to requirement to maintain minimum essential coverage), as inserted by section 1501(b). ``(2) Section 6055 of the Internal Revenue Code of 1986 (relating to reporting of health insurance coverage), as inserted by section 1502(a). ``(3) Section 18A of the Fair Labor Standards Act of 1938 (42 U.S.C. 218a, relating to automatic enrollment for employees of large employers), as inserted by section 1511. ``(4) Section 18B of the Fair Labor Standards Act of 1938 (42 U.S.C. 218b, relating to notice to employees), as inserted by section 1512. ``(5) Section 4980H of the Internal Revenue Code of 1986 (relating to shared responsibility for employers regarding health coverage), as inserted by section 1513(a). ``(6) Section 6056 of the Internal Revenue Code of 1986 (relating to certain employers required to report on health insurance coverage), as inserted by section 1514(a). ``(7) Section 10108 (relating to free choice vouchers). ``(8) Regulations regarding the treatment of group health plans or health insurance coverage as a grandfathered health plan (as defined in section 1251(e)). ``(9) Section 2718(b) of the Public Health Service Act (relating to medical loss ratios), as inserted by section 1001. ``(b) Waiver Process.-- ``(1) In general.--The applicable authorities shall establish the waiver process consistent with the following: ``(A) Notice and guidance.--Public notice and guidance shall be provided regarding the process for submission of waiver requests. ``(B) Standard.--A waiver request with respect to the application of a requirement to a plan, employer, individual, or entity shall be accompanied by a statement that-- ``(i) identifies the specific requirement (or requirements) to be waived; and ``(ii) describes how the imposition of each specific requirement for which a waiver is requested on the plan, employer, individual, or entity would result in a significant decrease in access to coverage or a significant increase in premiums or other costs for such plan, employer, individual, or entity. ``(C) Deemed approval.--A waiver request filed that is accompanied by such a statement shall be deemed to be approved. ``(D) Publication of data.--The applicable authorities shall regularly publish data regarding the waiver requests received for the different requirements. ``(2) Treatment of approved waivers.--In the case of approval under the waiver process of a waiver request with respect to a requirement of this title and an entity, notwithstanding any other provision of law, such requirement shall not apply to such entity on and after the date of approval of the request. ``(3) Relation to other exemptions and exceptions.--Nothing in this section shall be construed as superceding other provisions of this title insofar as they provide for exceptions, exemptions, or other special treatment with respect to requirements under this title. ``(c) Applicable Authority.--In this section, the term `applicable authority' means-- ``(1) except as otherwise provided in this subsection, the Secretary of Health and Human Services; ``(2) the Secretary of Labor with respect to the provisions of this title, including amendments made by this title, that are administered by such Secretary; and ``(3) the Secretary of the Treasury with respect to the provisions of this title, including amendments made by this title, that are administered by such Secretary, including sections of the Internal Revenue Code of 1986 specified in subsection (a). ``(d) References to Requirements Under This Title.--In this section, a reference to a requirement under this title include such a requirement under an amendment made by this title, including as amended by title X of this Act or by the provisions of the Health Care and Education Reconciliation Act of 2010 (Public Law 111-152). ``(e) Public Awareness Campaign.--Of the amounts available in the Prevention and Public Health Fund established under section 4002, notwithstanding any other provision of law, $50,000,000 shall be available to and expended by the Secretary of Health and Human Services to conduct, in coordination with other applicable authorities, a public awareness campaign of the waiver process. Amounts made available under this subsection shall remain available until expended.''. (b) Clerical Amendment.--The table of contents of such Act is amended by adding at the end of the items relating to title I the following: ``Subtitle G--Waiver Process ``Sec. 1601. Establishment of waiver process.''.

Health Care Waiver Fairness Act of 2011 - Amends the Patient Protection and Affordable Care Act (PPACA) to require the Secretary of Health and Human Services (HHS), the Secretary of Labor, and the Secretary of Treasury to establish waiver processes under which the administrator of a health plan, an employer, an individual, or other entity may seek to waive the application of a health insurance coverage requirement under PPACA. Sets forth PPACA requirements that may be waived, including those related to minimum essential coverage and employers offering health care coverage to employees. Establishes requirements for the waiver process, including requiring submission of a statement describing how the imposition of the PPACA requirement would result in a significant decrease in access to coverage or a significant increase in premiums or other costs for such plan, employer, individual, or entity. Deems to be approved any waiver including such a statement. Requires the Secretary of HHS to conduct a public awareness campaign of the waiver process with funds made available for the Prevention and Public Health Fund.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Choice in Healthcare Act''. SEC. 2. MEDICARE AND MEDICAID CHOICE. (a) In General.--Notwithstanding any other provision of law, the Secretary of Health and Human Services (referred to in this Act as the ``Secretary'') shall establish a demonstration program (referred to in this Act as the ``demonstration program'') under which Medicare and Medicaid eligible beneficiaries (as defined in section 4) are provided-- (1) the option of purchasing qualifying health benefits coverage; and (2) access to a debit style card (referred to in this Act as a ``Medi-Choice card'') for the purpose of purchasing health benefits coverage in accordance with the demonstration program and for paying certain other out-of-pocket health care expenditures. (b) Qualifying Health Benefits Coverage.--In this Act, the term ``qualifying health benefits coverage'' means health benefits coverage that meets the following requirements: (1) Benefits coverage.--In the case of-- (A) a dual eligible beneficiary, the coverage provides benefits that are at least as comprehensive as the benefits provided, as of the date of the enactment of this Act, under parts A, B, and D of title XVIII of the Social Security Act and under the State Medicaid plan under title XIX of such Act in California; (B) a Medicare eligible beneficiary who is not a dual eligible beneficiary, the coverage provides benefits that are at least as comprehensive as the benefits provided, as of the date of the enactment of this Act, under parts A, B, and D of title XVIII of the Social Security Act; and (C) a Medicaid eligible beneficiary who is not a dual eligible beneficiary, the coverage provides benefits that are at least as comprehensive as the benefits provided, as of the date of the enactment of this Act, under the State Medicaid plan under title XIX of the Social Security Act in California. (2) Guarantee issue; no preexisting condition exclusions.-- The coverage is offered and available under the demonstration program on a guaranteed issue basis without regard to health status and does not apply any preexisting condition exclusion (as defined in section 2701(b)(1)(A) of the Public Health Service Act). (3) Community rating.--Premiums for the coverage are uniform and do not vary by age, health status, geographic area, or other characteristics of the enrolled individual. SEC. 3. MEDI-CHOICE CARD. (a) Provision.--The Secretary shall enter into a contract with a major credit card provider or financial institution for the purpose of issuing Medi-Choice cards under the demonstration program. (b) Use.-- (1) Toward purchasing qualifying benefits coverage.--Medi- Choice cards shall be used to purchase qualifying health benefits coverage for eligible beneficiaries enrolled in the demonstration program. (2) Toward out of pocket costs.--Amounts remaining on such a card after the application of paragraph (1) may be used-- (A) to pay copayments or deductibles and other cost sharing on behalf of enrolled eligible beneficiaries; and (B) for other qualified medical expenses (as defined in section 223(d)(2) of the Internal Revenue Code of 1986) of such beneficiaries. (3) Unused amount.--Amounts on a Medi-Choice card not otherwise used under this paragraph shall remain available under the card until expended by or on behalf of an enrolled eligible beneficiary during the period of participation in the demonstration program. SEC. 4. ELIGIBLE BENEFICIARIES. (a) In General.--In this Act, the term ``eligible beneficiary'' means an individual-- (1) who is a legal permanent resident of the United States residing within the area covered by the demonstration program; and (2)(A) who is eligible for medical assistance for full benefits under the State plan under title XIX of the Social Security Act for California as of the date of the enactment of this Act; or (B) who is entitled to benefits under part A of title XVIII of the Social Security Act. (b) Exclusion.--The term ``eligible beneficiary'' does not include any individual for a month if the individual, as of the first day of the month is-- (1) enrolled by reason of disability in the program under title XIX of the Social Security Act; (2) entitled to benefits under chapter 55 of title 10, United States Code, including under the TRICARE program (as defined in section 1072(7) of such title); (3) imprisoned under Federal, State, or local authority; or (4) an alien who is not a lawful permanent resident of the United States. (c) References.--In this Act: (1) Medicare eligible beneficiary.--The term ``Medicare eligible beneficiary'' means an eligible beneficiary described in subsection (a)(2)(B). (2) Medicaid eligible beneficiary.--The term ``Medicaid eligible beneficiary'' means an eligible beneficiary described in subsection (a)(2)(A). (3) Dual eligible beneficiary.--The term ``dual eligible beneficiary'' means an eligible beneficiary who is both a Medicare eligible beneficiary and a Medicaid eligible beneficiary. SEC. 5. FUNDING OF MEDI-CHOICE CARDS. (a) Amounts.--Under the demonstration program, subject to the succeeding subsections, the Secretary shall make funds available through the Medi-Choice card as follows: (1) Dual eligible beneficiaries.--For a dual eligible beneficiary the annual amount of the deposit-- (A) for 2012 is equal to the sum of-- (i) the United States average nominal dollar value of medical assistance under title XIX of the Social Security Act; and (ii) the United States average nominal dollar value of the benefits under parts A, B, and D of title XVIII of such Act; (B) for any subsequent year is equal to the annual amount specified in this paragraph for the preceding year increased by the annual inflation adjustment described in subsection (d) for such subsequent year. (2) Other medicaid eligible beneficiaries.--For a Medicaid eligible beneficiary who is not a dual eligible beneficiary, the annual amount of the deposit-- (A) for 2012 is equal to the United States average nominal dollar value of medical assistance under title XIX of the Social Security Act; and (B) for any subsequent year is equal to the annual amount specified in this paragraph for the preceding year increased by the annual inflation adjustment described in subsection (d) for such subsequent year. (3) Other medicare eligible beneficiaries.--For a Medicare eligible beneficiary who is not a dual eligible beneficiary, the annual amount of the deposit shall-- (A) for 2012 be equal to the United States average nominal dollar value of the benefits under parts A, B, and D of title XVIII of the Social Security Act; and (B) for any subsequent year is equal to the annual amount specified in this paragraph for the preceding year increased by the annual inflation adjustment described in subsection (d) for such subsequent year. (4) Rounding.--Any amount computed under paragraph (1)(B), (2)(B), or (3)(B) that is not a multiple of $12 shall be rounded to the nearest multiple of $12. (b) Risk Adjustment.--The payment amounts under subsection (a) for an individual shall be adjusted, using a methodology specified by the Secretary, in a manner that takes into account the relative risk factors (such as those described in section 1853(a)(1)(C)(i) of the Social Security Act) associated with such individual. Such adjustment shall be made in such a manner as not to change the total amount of payments made under this section as a result of such adjustment. (c) Medi-Choice Reductions for Higher-Income Individuals.--In the case of an individual whose modified adjusted gross income (as defined in paragraph (4) of section 1839(i)(4) of the Social Security Act), exceeds the threshold amount specified in paragraph (2) of such section, as adjusted under paragraph (5) of such section, the annual amount under subsection (a)(2) shall be reduced by one percent for each percent of such excess, but not to exceed a reduction of 50 percentage points. (d) Annual Inflation Adjustment.--The annual inflation adjustment under paragraphs (1)(B) and (2)(B) for a year is equal to the average of-- (1) the annual rate of increase in the consumer price index for urban consumers (all items; United States city average) for the year, as projected by the Secretary in consultation with the Bureau of Labor Statistics before the beginning of the year; and (2) the annual rate of increase in the medical care component of the consumer price index for all urban consumers (United States city average) for the year, as projected by the Secretary in consultation with the Bureau of Labor Statistics before the beginning of the year. (e) Monthly Deposits.--Deposits of amounts to Medi-Choice cards under this section shall be credited on a monthly basis and prorated for partial months of program enrollment. SEC. 6. SCOPE OF DEMONSTRATION PROGRAM. (a) Area.--The demonstration program shall be conducted in the counties of Kern, Tulare, Kings, Fresno, Merced, Madera, Stanislaus, and San Joaquin in California. (b) Period of Demonstration Project.-- (1) Duration.--The demonstration program shall be conducted for a period of 10 years. (2) Initial enrollment.--Eligible beneficiaries shall be permitted to enroll in the demonstration program beginning on June 1, 2013. (c) Numerical Limitation.--No more than 100,000 eligible beneficiaries may be enrolled in the demonstration program at any time. SEC. 7. PAYMENT OF COSTS. (a) In General.--The Secretary shall be responsible for the cost of operating the demonstration program, including all amounts deposited onto Medi-Choice cards. The cost of operation of the program insofar as they are attributable (as determined by the Secretary) to-- (1) Medicare eligible beneficiaries and benefits under part A, part B, or part D of title XVIII of the Social Security Act shall be payable from the respective trust fund or account under the respective part, and the amounts in such trust funds or account shall be available to make such payments; or (2) Medicaid eligible beneficiaries and benefits under title XIX of such Act shall be payable from amounts appropriated to carry out such title and the amounts so appropriated shall be available to make such payments. (b) No Duplicate Payments.--Except as provided in section 8(d)(2), no amounts shall be payable under title XVIII or XIX of the Social Security Act for benefits or medical assistance for an eligible beneficiary participating in the demonstration program. SEC. 8. MISCELLANEOUS. (a) Assistance in Enrollment.--The Secretary shall maintain a toll free phone number to assist eligible beneficiaries with enrollment under the demonstration program and shall make information available to eligible beneficiaries in the demonstration area describing the options available, which shall include a comparison of plan costs and benefits. (b) Not Treated as Income.--Amounts paid into a Medi-Choice card shall not be treated as income for purposes of the Internal Revenue Code of 1986 or for purposes of determining eligibility for any Federal program. (c) Premium Obligations.--An individual participating in the demonstration-- (1) is not responsible for payment of any premium otherwise applicable under part B or D of title XVIII or under title XIX of the Social Security Act; but (2) shall use benefits applied to the Medi-Choice card for the purpose of purchasing qualifying health benefits coverage. (d) Relation to Medicaid Benefits.-- (1) In general.--In the case of an individual who participates in the demonstration program, the individual is not entitled to any payment under a State plan under title XIX of the Social Security Act with respect to any benefits relating to items and services for which coverage is provided under this title. (2) Continuation of medical assistance for noncovered items and services.--Nothing in this Act shall affect the continued provision of medical assistance under title XIX of such Act for items and services, such as dental, vision, or long-term care facility services, for which benefits are not provided under this Act regardless of medical necessity.

Choice in Healthcare Act - Directs the Secretary of Health and Human Services (HHS) to establish a demonstration program under which Medicare and Medicaid eligible beneficiaries are given: (1) the option of purchasing qualifying health benefits coverage, and (2) access to a debit style card (Medi-Choice card) for purchasing such coverage under the program and for paying certain other out-of-pocket health care expenditures. Directs the Secretary to contract with a major credit card provider or financial institution for issuing Medi-Choice cards under the program. Limits the demonstration program to specified counties in California and to a period of ten years.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Henry J. Hyde Scholarships for Haiti Act of 2006''. SEC. 2. STATEMENT OF PURPOSE. The purpose of this Act is to establish an undergraduate scholarship program which is designed to bring talented students of limited financial means from Haiti to the United States for study at United States institutions of higher education to-- (1) improve the diversity and quality of educational opportunities for such students; (2) assist the development efforts of Haiti by providing training and educational assistance to persons who can help address the social and economic needs of Haiti; (3) build a well-educated middle-class in Haiti which is capable and willing to provide leadership in the public and private sectors to help sustain the political and economic progress that is sorely needed to confront the daunting challenges of that country; and (4) promote positive and productive relationships between the United States and Haiti. SEC. 3. FINDINGS. Congress finds the following: (1) It is in the national interest of the United States to provide a stable source of financial support to give talented students in Haiti the opportunity to study in the United States in order to improve the range and quality of educational alternatives for these students, further the development of Haiti, and build enduring relationships between the people of the United States and the people of Haiti. (2) Providing scholarship to foreign students to study in the United States has proven to be an effective means of creating strong bonds between the United States and the future leadership of developing countries and assisting those countries to substantially further their development objectives. (3) Talented students from families of limited financial means in Haiti traditionally have few, if any, opportunities to continue their education in their own country and are less likely to pursue higher education in the United States. (4) In 2003, 76 percent of the population in Haiti earned less than the equivalent of $2.00 per day, and 56 percent of the population in the country in the same year earned less than the equivalent of $1.00 per day. (5) In 2003, the literacy rate of individuals in Haiti who are older than 15 years of age was less than 52 percent. The net primary school enrollment rate was 68 percent, as compared to the average of approximately 78 percent for other low income countries, such as Afghanistan and Guinea-Bissau. (6) Women in Haiti are more likely to be adversely affected by the dire economic and social conditions in Haiti. SEC. 4. AUTHORIZATION OF ASSISTANCE. (a) In General.--The President, acting through the Administrator of the United States Agency for International Development, shall provide scholarships (including partial assistance) for undergraduate study at United States institutions of higher education (as such term is defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)) by citizens and nationals of Haiti who have completed their secondary education with distinction and who would not otherwise have the opportunity to study in the United States due to financial constraints. (b) Form of Scholarship; Forgiveness of Loan Repayment.--To encourage Haitian students to use their training and education for the benefit of Haiti, each scholarship that is extended under this Act shall be in the form of a loan. All repayment of the loan (including principal and accrued interest) shall be forgiven upon the scholarship recipient's prompt return to Haiti for a period which is at least one year longer than the period spent studying in the United States under the scholarship. (c) Guidelines.--The scholarship program under this Act shall be carried out in accordance with the pertinent guidelines of section 604 of the Foreign Relations Authorization Act, Fiscal Years 1986 and 1987 (22 U.S.C. 4704; Public Law 99-93; relating to guidelines for United States scholarship program for developing countries). SEC. 5. SENSE OF CONGRESS REGARDING THE PEACE CORPS. It is the sense of Congress that the President, acting through the Director of the Peace Corps, should, as soon as practicable, make available again to the Government of Haiti qualified Peace Corps volunteers who would serve under hardship conditions to-- (1) assist the people of Haiti to improve literacy rates and meet other basic needs so that they can become economically self-sufficient; and (2) promote mutual understanding between the people of the United States and the people of Haiti. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated $2,500,000 for each of fiscal years 2007, 2008, and 2009, for the President, acting through the Administrator for the United States Agency for International Development, to carry out this Act. (b) Additional Authorities.--Amounts appropriated pursuant to the authorization of appropriations under subsection (a) are-- (1) authorized to remain available until expended; and (2) shall be in addition to funds otherwise available for such purposes. (c) Literacy and Other Basic Education Programs.--Of the amounts authorized to be appropriated to carry out chapter 1 of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.; relating to development assistance) for each of fiscal years 2007, 2008, and 2009, and which are not allocated for assistance for countries in Latin America and the Caribbean, not less than $3,000,000 for each such fiscal year is authorized to be made available for assistance for literacy and other basic education programs in Haiti. SEC. 7. GENERAL AUTHORITIES. (a) Public and Private Sector Contributions.--The public and private sectors, particularly the Haitian-American community, in the United States and in Haiti shall be encouraged to contribute to the costs of the scholarship program financed under this Act. To this end, the President, acting through the Administrator for the United Sates Agency for International Development, is strongly encouraged to design a matching program in which contributions made by the public and private sectors of either country are matched by amounts authorized under this Act. Not more than twenty-five percent of the amounts authorized to be appropriated under this Act may be dedicated to such a matching program. (b) Utilization of Returning Scholarship Recipients.--The President, acting through the Administrator for the United States Agency for International Development, shall seek to engage the private sector of Haiti and international private enterprises that are conducting business in Haiti to maximize the opportunities for productive contributions to the development of Haiti by returning scholarship recipients. (c) Delivery of Assistance Through the Cooperative Association of States for Scholarships.--The President, acting through the Administrator for the United States Agency for International Development, is strongly encouraged to carry out the purposes of this Act through existing scholarship programs, such as the Cooperative Association of States for Scholarships program.

Henry J. Hyde Scholarships for Haiti Act of 2006 - Directs the President, acting through the Administrator of the United States Agency for International Development, to provide undergraduate scholarships, in the form of student loans followed by loan forgiveness, to needy Haitian students who, upon completion of their studies in the United States, promptly return to Haiti for a period at least one year longer than the duration of such scholarships. Authorizes appropriations for FY2007-FY2009. Reserves a specified minimum amount of certain authorized development assistance appropriations under the Foreign Assistance Act of 1961 for literacy and basic education programs in Haiti. Expresses the sense of Congress that the President, acting through the Director of the Peace Corps, should make available again to the Government of Haiti qualified Peace Corps volunteers who would serve under hardship conditions to: (1) assist the people of Haiti to improve literacy rates and meet other basic needs so that they can become economically self-sufficient; and (2) promote mutual understanding between the peoples of the United States and of Haiti. Urges the President to: (1) design a program to match scholarship contributions from private and public sectors in either country; (2) seek to engage domestic and international businesses in Haiti to maximize the opportunities of returning scholarship recipients for the development of Haiti; and (3) provide the scholarships through existing scholarship programs, such as the Cooperative Association of States for Scholarships program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Methamphetamine Remediation Research Act of 2005''. SEC. 2. FINDINGS. Congress finds that-- (1) methamphetamine use and production is growing rapidly throughout the United States; (2) some materials and chemical residues remaining from the production of methamphetamine pose novel environmental problems in locations in which methamphetamine laboratories have been closed; (3) there has been little standardization of measures for determining when the site of a former methamphetamine laboratory has been successfully remediated; (4)(A) initial cleanup actions are generally limited to removal of hazardous substances and contaminated materials that pose an immediate threat to public health or the environment; and (B) it is not uncommon for significant levels of contamination to be found throughout residential structures in which methamphetamine has been manufactured, partially because of a lack of knowledge of how to achieve an effective cleanup; (5)(A) data on methamphetamine laboratory-related contaminants of concern are very limited; (B) uniform cleanup standards do not exist; and (C) procedures for sampling and analysis of contaminants need to be researched and developed; and (6) many States are struggling with establishing assessment and remediation guidelines and programs to address the rapidly expanding number of methamphetamine laboratories being closed each year. SEC. 3. VOLUNTARY GUIDELINES. (a) Establishment of Voluntary Guidelines.--Not later than 1 year after the date of enactment of this Act, the Assistant Administrator for Research and Development of the Environmental Protection Agency (referred to in this Act as the ``Assistant Administrator''), in consultation with the National Institute of Standards and Technology, shall establish voluntary guidelines, based on the best available scientific knowledge, for the remediation of former methamphetamine laboratories, including guidelines regarding preliminary site assessment and the remediation of residual contaminants. (b) Considerations.--In developing the voluntary guidelines under subsection (a), the Assistant Administrator shall consider, at a minimum-- (1) relevant standards, guidelines, and requirements found in Federal, State, and local laws (including regulations); (2) the varying types and locations of former methamphetamine laboratories; and (3) the expected cost of carrying out any proposed guidelines. (c) States.-- (1) In general.--The voluntary guidelines should be designed to assist State and local governments in the development and the implementation of legislation and other policies to apply state-of-the-art knowledge and research results to the remediation of former methamphetamine laboratories. (2) Adoption.--The Assistant Administrator shall work with State and local governments and other relevant non-Federal agencies and organizations, including through the conference described in section 5, to promote and encourage the appropriate adoption of the voluntary guidelines. (d) Updating the Guidelines.--The Assistant Administrator shall periodically update the voluntary guidelines as the Assistant Administrator, in consultation with States and other interested parties, determines to be appropriate to incorporate research findings and other new knowledge. SEC. 4. RESEARCH PROGRAM. (a) In General.--The Assistant Administrator shall establish a program of research to support the development and revision of the voluntary guidelines described in section 3. (b) Research.--The research shall-- (1) identify methamphetamine laboratory-related chemicals of concern; (2) assess the types and levels of exposure to chemicals of concern identified under paragraph (1), including routine and accidental exposures, that may present a significant risk of adverse biological effects; (3) identify the research efforts necessary to better address biological effects and to minimize adverse human exposures; (4) evaluate the performance of various methamphetamine laboratory cleanup and remediation techniques; and (5) support other research priorities identified by the Assistant Administrator in consultation with States and other interested parties. SEC. 5. TECHNOLOGY TRANSFER CONFERENCE. (a) Conference.-- (1) In general.--Not later than 180 days after the date of enactment of this Act and at least every third year thereafter, the Assistant Administrator shall convene a conference of appropriate State agencies, individuals, and organizations involved in research and other activities directly relating to the environmental or biological impacts of former methamphetamine laboratories. (2) Forum.--The conference should be a forum for-- (A) the Assistant Administrator to provide information on the guidelines developed under section 3 and on the latest findings from the research program described in section 4; and (B) non-Federal participants to provide information on the problems and needs of States and localities and their experience with guidelines developed under section 3. (b) Report.-- (1) In general.--Not later than 90 days after the date of each conference, the Assistant Administrator shall submit to Congress a report that summarizes the proceedings of the conference, including a summary of any recommendations or concerns raised by the non-Federal participants and how the Assistant Administrator intends to respond to the recommendations or concerns. (2) Public availability.--The Assistant Secretary shall make each report widely available to the general public. SEC. 6. RESIDUAL EFFECTS STUDY. (a) Study.--Not later than 180 days after the date of enactment of this Act, the Assistant Administrator shall offer to enter into an arrangement with the National Academy of Sciences under which the National Academy of Sciences shall conduct a study of the status and quality of research on the residual effects of methamphetamine laboratories. (b) Content.--The study shall identify research gaps and recommend an agenda for the research program described in section 4, with particular attention to the need for research on the impacts of methamphetamine laboratories on-- (1) the residents of buildings in which such laboratories are, or were, located, with particular emphasis given to biological impacts on children; and (2) first responders. (c) Report.--Not later than 90 days after the date of completion of the study, the Assistant Administrator shall submit to Congress a report describing the manner in which the Assistant Administrator will use the results of the study to carry out the activities described in sections 3 and 4. SEC. 7. METHAMPHETAMINE DETECTION RESEARCH AND DEVELOPMENT PROGRAM. The Director of National Institute of Standards and Technology, in consultation with the Assistant Administrator, shall support a research program to develop-- (1) new methamphetamine detection technologies, with emphasis on field test kits and site detection; and (2) appropriate standard reference materials and validation procedures for methamphetamine detection testing. SEC. 8. SAVINGS CLAUSE. Nothing in this Act modifies or otherwise affects the regulatory authority of the Environmental Protection Agency. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. (a) Environmental Protection Agency.--There is authorized to be appropriated to the Assistant Administrator to carry out this Act $3,000,000 for each of fiscal years 2006 through 2009. (b) National Institute of Standards and Technology.--There is authorized to be appropriated to the Director of the National Institute of Standards and Technology to carry out this Act $1,500,000 for each of fiscal years 2006 through 2009.

Methamphetamine Remediation Research Act of 2005 - Directs the Assistant Administrator for Research and Development of the Environmental Protection Agency (EPA) to establish: (1) voluntary guidelines, based on the best available scientific knowledge, for the remediation of former methamphetamine laboratories, including guidelines regarding preliminary site assessment and the remediation of residual contaminants; and (2) a program of research to support the development and revision of such guidelines. Directs the Assistant Administrator: (1) every three years, to convene a conference of appropriate state agencies, individuals, and organizations involved in research and other activities directly related to the environmental or biological impacts of former methamphetamine laboratories to be a forum for exchanging information relating to such guidelines; and (2) to enter into an arrangement with the National Academy of Sciences (NAS) for a study of the status and quality of research on the residual effects of methamphetamine laboratories. Requires the Director of the National Institute of Standards and Technology (NIST) to support a research program to develop: (1) new methamphetamine detection technologies, with an emphasis on field test kits and site detection; and (2) appropriate standard reference materials and validation procedures for methamphetamine detection testing.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Theater Missile Defense Improvement Act of 1998''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Development of medium-range ballistic missiles by potential adversaries, such as Iran, has proceeded much more rapidly than previously anticipated by the United States Government. (2) Existence of such missiles in potentially hostile nations constitutes a serious threat to United States forces, allies, and friends in the Middle East and Persian Gulf region and cannot be adequately countered by currently deployed ballistic missile defense systems. (3) It is a matter of high national interest to quickly reduce the vulnerability of United States forces, allies, and friends to these threats. (4) Meaningful and cost effective steps to reduce these vulnerabilities are available and should be pursued expeditiously. SEC. 3. ACCELERATION OF DEPARTMENT OF DEFENSE PROGRAMS TO COUNTER ENHANCED BALLISTIC MISSILE THREAT. Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 1998 for Defense-wide research, development, test, and evaluation in the amount of $147,000,000, to be available as follows: (1) Joint composite tracking network.--$35,000,000 to be available for the Joint Composite Tracking Network program. (2) Patriot remote launch capability.--$15,000,000 to be available to accelerate development of the remote launch capability for the Patriot Advanced Capability (PAC-3) missile defense system. (3) PAC-3 and navy area defense tests.--$40,000,000 to be available to test the capabilities of the Patriot Advanced Capability (PAC-3) missile defense system, and to test the capabilities of the Navy Area Defense System, against missiles with the range of the Iranian ballistic missiles under development. (4) Early warning enhancement.--$6,000,000 to be available for improved integration of the various elements of the SHIELD system. (5) PAC-3 production rate enhancements.--$41,000,000 to be available for production rate enhancements for the Patriot Advanced Capability (PAC-3) missile defense system. (6) Israeli arrow missile defense system.--$10,000,000 to be available to improve interoperability of the Israeli Arrow tactical ballistic missile defense system with United States theater missile defense systems. SEC. 4. IDENTIFICATION OF OTHER POSSIBLE ACTIONS. (a) Identification.--The Secretary of Defense shall identify actions in addition to those authorized by section 3 that could be taken by the Department of Defense to counter the threats posed to the United States and its national security interests by the development or acquisition of medium-range ballistic missiles by Iran and other nations. (b) Specific Actions To Be Taken.--The Secretary specifically shall explore-- (1) additional cooperative measures between the Department of Defense and the Ministry of Defense of Israel to further enhance Israel's ability to defend itself against the threat posed by ballistic missiles deployed by Iran and other nations; and (2) actions within the existing Navy Theater Wide Missile Defense System program that could provide additional capabilities useful to addressing the threat posed by medium- range ballistic missiles within one to two years. (c) Intergovernmental Coordination.--The Secretary shall undertake appropriate intergovernmental and interagency coordination that would be necessary to the conduct of any of the actions identified pursuant to subsection (a). SEC. 5. REPORT TO CONGRESS. Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report providing-- (1) a description of the Secretary's plans for use of funds appropriated pursuant to the authorizations of appropriations in this Act; and (2) a description of possible additional actions identified by the Secretary pursuant to section 4(a) and the steps taken or planned (as of the time of the report) to carry out section 4(c). SEC. 6. OFFSETTING REDUCTIONS IN AUTHORIZATIONS. The total amount authorized in section 201 of the National Defense Authorization Act for Fiscal Year 1998 (Public Law 105-85) to be appropriated for fiscal year 1998 for research, development, test, and evaluation for the Department of Defense is hereby reduced by $147,000,000, of which-- (1) $126,000,000 is to be derived from savings from the use of advisory and assistance services by the Department of Defense in accordance with section 8041 of the Department of Defense Appropriations Act, 1998 (Public Law 105-56; 111 Stat. 1230); and (2) $21,000,000 is to be derived from savings from the use by the Department of Defense of defense federally funded research and development centers in accordance with section 8035 of the Department of Defense Appropriations Act, 1998 (Public Law 105-56; 111 Stat. 1227). Passed the House of Representatives March 30, 1998. Attest: ROBIN H. CARLE, Clerk.

Theater Missile Defense Improvement Act of 1998 - Authorizes appropriations for the Department of Defense (DOD) for FY 1998 for defense-wide research, development, test, and evaluation (RDT&E), as specified, for: (1) the Joint Composite Tracking Network program; (2) testing, development of the remote launch capability, and production rate enhancements of the Patriot Advanced Capability (PAC-3) missile defense system; (3) Navy Area Defense System testing; (4) SHIELD system element integration; and (5) Israeli Arrow tactical ballistic missile defense system integration with U.S. theater missile defense systems. Directs the Secretary of Defense to identify other actions that could be taken to counter threats posed by the development or acquisition by Iran or other nations of medium-range ballistic missiles. Requires the Secretary to report to the Congress on the use of such funds and additional actions taken under this Act. Provides an offsetting reduction in amounts provided under the National Defense Authorization Act for Fiscal Year 1998 for DOD RDT&E, to be achieved through savings from the DOD use of: (1) advisory and assistance services; and (2) defense federally funded research and development centers.

SECTION 1. AUTHORIZATION OF STUDY. (a) Definitions.--For the purposes of this section: (1) Golden Spike Rail Study.--The term ``Golden Spike Rail Study'' means the Golden Spike Rail Feasibility Study, Reconnaissance Survey, Ogden, Utah to Golden Spike National Historic Site'', National Park Service, 1993. (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (3) Study Area.--The term ``Study Area'' means the Golden Spike/Crossroads of the West National Heritage Area Study Area, the boundaries of which are described in subsection (d). (b) In General.--The Secretary shall conduct a study of the Study Area which includes analysis and documentation necessary to determine whether the Study Area-- (1) has an assemblage of natural, historic, and cultural resources that together represent distinctive aspects of American heritage worthy of recognition, conservation, interpretation, and continuing use, and are best managed through partnerships among public and private entities; (2) reflects traditions, customs, beliefs, and folk-life that are a valuable part of the national story; (3) provides outstanding opportunities to conserve natural, historic, cultural, or scenic features; (4) provides outstanding recreational and educational opportunities; (5) contains resources important to the identified theme or themes of the Study Area that retain a degree of integrity capable of supporting interpretation; (6) includes residents, business interests, nonprofit organizations, and local and State governments who have demonstrated support for the concept of a National Heritage Area; and (7) has a potential management entity to work in partnership with residents, business interests, nonprofit organizations, and local and State governments to develop a National Heritage Area consistent with continued local and State economic activity. (c) Consultation.--In conducting the study, the Secretary shall-- (1) consult with the State Historic Preservation Officer, State Historical Society, and other appropriate organizations; and (2) use previously completed materials, including the Golden Spike Rail Study. (d) Boundaries of Study Area.--The Study Area shall be comprised of sites relating to completion of the first transcontinental railroad in the State of Utah, concentrating on those areas identified on the map included in the Golden Spike Rail Study. (e) Report.--Not later than 3 fiscal years after funds are first made available to carry out this section, the Secretary shall submit to the Committee on Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report on the findings and conclusions of the study and recommendations based upon those findings and conclusions. (f) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary such sums as may be necessary to carry out the provisions of this section. SEC. 2. CROSSROADS OF THE WEST HISTORIC DISTRICT. (a) Purposes.--The purposes of this section are-- (1) to preserve and interpret, for the educational and inspirational benefit of the public, the contribution to our national heritage of certain historic and cultural lands and edifices of the Crossroads of the West Historic District; and (2) to enhance cultural and compatible economic redevelopment within the District. (b) Definitions.--For the purposes of this section: (1) District.--The term ``District'' means the Crossroads of the West Historic District established by subsection (c). (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (3) Historic infrastructure.--The term ``historic infrastructure'' means the District's historic buildings and any other structure that the Secretary determines to be eligible for listing on the National Register of Historic Places. (c) Crossroads of the West Historic District.-- (1) Establishment.--There is established the Crossroads of the West Historic District in the city of Ogden, Utah. (2) Boundaries.--The boundaries of the District shall be the boundaries depicted on the map entitled ``Crossroads of the West Historic District'', numbered OGGO-20,000, and dated March 22, 2000. The map shall be on file and available for public inspection in the appropriate offices of the Department of the Interior. (d) Development Plan.--The Secretary may make grants and enter into cooperative agreements with the State of Utah, local governments, and nonprofit entities under which the Secretary agrees to pay not more than 50 percent of the costs of-- (1) preparation of a plan for the development of historic, architectural, natural, cultural, and interpretive resources within the District; (2) implementation of projects approved by the Secretary under the development plan described in paragraph (1); and (3) an analysis assessing measures that could be taken to encourage economic development and revitalization within the District in a manner consistent with the District's historic character. (e) Restoration, Preservation, and Interpretation of Properties.-- (1) Cooperative agreements.--The Secretary may enter into cooperative agreements with the State of Utah, local governments, and nonprofit entities owning property within the District under which the Secretary may-- (A) pay not more than 50 percent of the cost of restoring, repairing, rehabilitating, and improving historic infrastructure within the District; (B) provide technical assistance with respect to the preservation and interpretation of properties within the District; and (C) mark and provide interpretation of properties within the District. (2) Non-federal contributions.--When determining the cost of restoring, repairing, rehabilitating, and improving historic infrastructure within the District for the purposes of paragraph (1)(A), the Secretary may consider any donation of property, services, or goods from a non-Federal source as a contribution of funds from a non-Federal source. (3) Provisions.--A cooperative agreement under paragraph (1) shall provide that-- (A) the Secretary shall have the right of access at reasonable times to public portions of the property for interpretive and other purposes; (B) no change or alteration may be made in the property except with the agreement of the property owner, the Secretary, and any Federal agency that may have regulatory jurisdiction over the property; and (C) any construction grant made under this section shall be subject to an agreement that provides-- (I) that conversion, use, or disposal of the project so assisted for purposes contrary to the purposes of this section shall result in a right of the United States to compensation from the beneficiary of the grant; and (II) for a schedule for such compensation based on the level of Federal investment and the anticipated useful life of the project. (4) Applications.-- (A) In general.--A property owner that desires to enter into a cooperative agreement under paragraph (1) shall submit to the Secretary an application describing how the project proposed to be funded will further the purposes of the management plan developed for the District. (B) Consideration.--In making such funds available under this subsection, the Secretary shall give consideration to projects that provide a greater leverage of Federal funds. (f) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary to carry out this section not more than $1,000,000 for any fiscal year and not more than $5,000,000 total. Passed the House of Representatives May 2, 2000. Attest: JEFF TRANDAHL, Clerk.

Establishes in the city of Ogden, Utah, the Crossroads of the West Historic District. Authorizes the Secretary to make grants and enter into cooperative agreements with the State of Utah, local governments, and nonprofit entities under which the Secretary agrees to pay not more than 50 percent of the costs of: (1) a plan for the development of historic, architectural, natural, cultural, and interpretive resources within the District; (2) implementation of projects approved under the development plan; and (3) an analysis of measures that could be taken to encourage economic development and revitalization within the District in a manner consistent with the District's historic character. Authorizes the Secretary to enter into cooperative agreements to pay up to 50 percent of the costs of the restoration, preservation, and interpretation of properties within the District, together with appropriate technical assistance. Authorizes appropriations.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Public Pension Parity Act of 1994''. SEC. 2. EXCLUSION FOR CERTAIN PENSIONS AND ANNUITIES UNDER PUBLIC RETIREMENT SYSTEMS. (a) In General.--Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to items specifically excluded from income) is amended by redesignating section 136 as section 137 and by inserting after section 135 the following new section: ``SEC. 136. CERTAIN PENSIONS AND ANNUITIES UNDER PUBLIC RETIREMENT SYSTEMS. ``(a) General Rule.--Gross income does not include any amount (otherwise includable in gross income) received by an individual as a qualified governmental pension. ``(b) Limitations.-- ``(1) Dollar limitation.--The aggregate amount excluded under subsection (a) for the taxable year shall not exceed-- ``(A) the maximum excludable social security benefits of the taxpayer for such year, reduced by ``(B) the social security benefits (within the meaning of section 86(d)) received by the taxpayer during such year which were excluded from gross income. ``(2) Service requirement.--Subsection (a) shall not apply to any qualified governmental pension received by the taxpayer during the taxable year unless the taxpayer (or the spouse or former spouse of the taxpayer) performed the service giving rise to such pension. ``(c) Definitions.--For purposes of this section-- ``(1) Qualified governmental pension.--The term `qualified governmental pension' means any pension or annuity received under a public retirement system to the extent such pension or annuity is not attributable to service-- ``(A) which constitutes employment for purposes of chapter 21 (relating to the Federal Insurance Contributions Act), or ``(B) which is covered by an agreement made pursuant to section 218 of the Social Security Act. ``(2) Maximum excludable social security benefits.--The term `maximum excludable social security benefits' means an amount equal to so much of the applicable maximum benefit amount for the taxpayer for the taxable year which would be excluded from gross income if such benefit amount were treated as social security benefits (within the meaning of section 86(d)) received during the taxable year. ``(3) Applicable maximum benefit amount.--The term `applicable maximum benefit amount' means-- ``(A) in the case of an unmarried individual, the maximum individual social security benefit,' ``(B) in the case of a joint return, 150 percent of the maximum individual social security benefit, or ``(C) in the case of a married individual filing a separate return, 75 percent of the maximum individual social security benefit. For purposes of the preceding sentence, marital status shall be determined under section 7703. ``(4) Maximum individual social security benefit.-- ``(A) In general.--The term `maximum individual social security benefit' means, with respect to any taxable year, the maximum total amount (as certified by the Secretary of Health and Human Services to the Secretary) which could be paid for all months in the calendar year ending in the taxable year as old-age insurance benefits under section 202(a) of the Social Security Act (without regard to any reduction, deduction, or offset under section 202(k) or section 203 of such Act) to any individual who attained age 65, and filed application for such benefits, on the first day of such calendar year. ``(B) Part years.--In the case of an individual who receives a qualified governmental pension with respect to a period of less than a full taxable year, the maximum individual social security benefit for such individual for such year shall be reduced as provided in regulations prescribed by the Secretary to properly correspond to such period. ``(5) Public retirement system.--The term `public retirement system' means any pension, annuity, retirement, or similar fund or system established by the United States, a State, a possession of the United States, any political subdivision of any of the foregoing, or the District of Columbia.'' (b) Technical Amendment.--Subparagraph (A) of section 86(b)(2) of such Code (defining modified adjusted gross income) is amended by inserting ``136'' before ``911''. (c) Clerical Amendment.--The table of sections for part III of subchapter B of chapter 1 of such Code (relating to items specifically excluded from income) is amended by redesignating the item relating to section 136 as section 137 and by inserting after the item relating to section 135 the following new item: ``Sec. 136. Certain pensions and annuities under public retirement systems.'' (d) Effective Date.--The amendments made by this Act shall apply to taxable years beginning after the date of the enactment of this Act.

Public Pension Parity Act of 1994 - Amends the Internal Revenue Code to provide an exclusion from gross income for that portion of a governmental pension which does not exceed the maximum benefits payable under title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act which could have been excluded from income for the taxable year.

SECTION 1. SHORT TITLE; FINDINGS. (a) Short Title.--This Act may be cited as the ``Medicare Medical Nutrition Therapy Act of 1999''. (b) Findings.--Congress finds as follows: (1) Medical nutrition therapy is a medically necessary and cost-effective way of treating and controlling many diseases and medical conditions affecting the elderly, including HIV, AIDS, cancer, kidney disease, diabetes, heart disease, pressure ulcers, severe burns, and surgical wounds. (2) Medical nutrition therapy saves health care costs by speeding recovery and reducing the incidence of complications, resulting in fewer hospitalizations, shorter hospital stays, and reduced drug, surgery, and treatment needs. (3) A study conducted by The Lewin Group shows that, after the third year of coverage, savings would be greater than costs for coverage of medical nutrition therapy for all medicare beneficiaries, with savings projected to grow steadily in following years. (4) The Agency for Health Care Policy and Research has indicated in its practice guidelines that nutrition is key to both the prevention and the treatment of pressure ulcers (also called bed sores) which annually cost the health care system an estimated $1,300,000,000 for treatment. (5) Almost 17,000,000 patients each year are treated for illnesses or injuries that stem from or place them at risk of malnutrition. (6) Because medical nutrition therapy is not covered under part B of the medicare program and because more and more health care is delivered on an outpatient basis, many patients are denied access to the effective, low-tech treatment they need, resulting in an increased incidence of complications and a need for higher cost treatments. SEC. 2. MEDICARE COVERAGE OF MEDICAL NUTRITION THERAPY SERVICES. (a) Coverage.--Section 1861(s)(2) of the Social Security Act (42 U.S.C. 1395x(s)(2)) is amended-- (1) by striking ``and'' at the end of subparagraph (S); (2) by striking the period at the end of subparagraph (T) and inserting ``; and''; and (3) by adding at the end the following new subparagraph: ``(U) medical nutrition therapy services (as defined in subsection (uu)(1));''. (b) Services Described.--Section 1861 of such Act (42 U.S.C. 1395x) is amended by adding at the end the following new subsection: ``Medical Nutrition Therapy Services; Registered Dietitian or Nutrition Professional ``(uu)(1) The term `medical nutrition therapy services' means nutritional diagnostic, therapy, and counseling services for the purpose of disease management which are furnished by a registered dietitian or nutrition professional (as defined in paragraph (2)) pursuant to a referral by a physician (as defined in subsection (r)(1)). ``(2) Subject to paragraph (3), the term `registered dietitian or nutrition professional' means an individual who-- ``(A) holds a baccalaureate or higher degree granted by a regionally accredited college or university in the United States (or an equivalent foreign degree) with completion of the academic requirements of a program in nutrition or dietetics, as accredited by an appropriate national accreditation organization recognized by the Secretary for this purpose; ``(B) has completed at least 900 hours of supervised dietetics practice under the supervision of a registered dietitian or nutrition professional; and ``(C)(i) is licensed or certified as a dietitian or nutrition professional by the State in which the services are performed, or ``(ii) in the case of an individual in a State that does not provide for such licensure or certification, meets such other criteria as the Secretary establishes. ``(3) Subparagraphs (A) and (B) of paragraph (2) shall not apply in the case of an individual who, as of the date of enactment of this subsection, is licensed or certified as a dietitian or nutrition professional by the State in which medical nutrition therapy services are performed.''. (c) Payment.--Section 1833(a)(1) of such Act (42 U.S.C. 1395l(a)(1)) is amended-- (1) by striking ``and'' before ``(S)'', and (2) by inserting before the semicolon at the end the following: ``, and (T) with respect to medical nutrition therapy services (as defined in section 1861(uu)), the amount paid shall be 80 percent of the lesser of the actual charge for the services or the amount determined under the fee schedule established under section 1848(b) for the same services if furnished by a physician''. (d) Effective Date.--The amendments made by this section apply to services furnished on or after January 1, 2000.

Medicare Medical Nutrition Therapy Act of 1999 - Amends title XVIII (Medicare) of the Social Security Act to provide for Medicare coverage of medical nutrition therapy services of registered dietitians and nutrition professionals.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Ethics in Foreign Lobbying Act of 1995''. SEC. 2. PROHIBITION OF CONTRIBUTIONS AND EXPENDITURES BY MULTICANDIDATE POLITICAL COMMITTEES OR SEPARATE SEGREGATED FUNDS SPONSORED BY FOREIGN-CONTROLLED CORPORATIONS AND ASSOCIATIONS. Title III of the Federal Election Campaign Act of 1971 (2 U.S.C. 441 et seq.) is amended by adding at the end the following new section: ``prohibition of contributions and expenditures by multicandidate political committees sponsored by foreign-controlled corporations and associations ``Sec. 324. (a) Notwithstanding any other provision of law-- ``(1) no multicandidate political committee or separate segregated fund of a foreign-controlled corporation may make any contribution or expenditure with respect to an election for Federal office; and ``(2) no multicandidate political committee or separate segregated fund of a trade organization, membership organization, cooperative, or corporation without capital stock may make any contribution or expenditure with respect to an election for Federal office if 50 percent or more of the operating fund of the trade organization, membership organization, cooperative, or corporation without capital stock is supplied by foreign-controlled corporations or foreign nationals. ``(b) The Commission shall-- ``(1) require each multicandidate political committee or separate segregated fund of a corporation to include in the statement of organization of the multicandidate political committee or separate segregated fund a statement (to be updated annually and at any time when the percentage goes above or below 50 percent) of the percentage of ownership interest in the corporation that is controlled by persons other than citizens or nationals of the United States; ``(2) require each trade association, membership organization, cooperative, or corporation without capital stock to include in its statement of organization of the multicandidate political committee or separate segregated fund (and update annually) the percentage of its operating fund that is derived from foreign-owned corporations and foreign nationals; and ``(3) take such action as may be necessary to enforce subsection (a). ``(c) The Commission shall maintain a list of the identity of the multicandidate political committees or separate segregated funds that file reports under subsection (b), including a statement of the amounts and percentage reported by such multicandidate political committees or separate segregated funds. ``(d) As used in this section-- ``(1) the term `foreign-owned corporation' means a corporation at least 50 percent of the ownership interest of which is controlled by persons other than citizens or nationals of the United States; ``(2) the term `multicandidate political committee' has the meaning given that term in section 315(a)(4); ``(3) the term `separate segregated fund' means a separate segregated fund referred to in section 316(b)(2)(C); and ``(4) the term `foreign national' has the meaning given that term in section 319.''. SEC. 3. PROHIBITION OF CERTAIN ELECTION-RELATED ACTIVITIES OF FOREIGN NATIONALS. Section 319 of the Federal Election Campaign Act of 1971 (2 U.S.C. 441e) is amended by adding at the end the following new subsection: ``(c) A foreign national shall not direct, dictate, control, or directly or indirectly participate in the decisionmaking process of any person, such as a corporation, labor organization, or political committee, with regard to such person's Federal or non-Federal election-related activities, such as decisions concerning the making of contributions or expenditures in connection with elections for any local, State, or Federal office or decisions concerning the administration of a political committee.''. SEC. 4. ESTABLISHMENT OF A CLEARINGHOUSE OF POLITICAL ACTIVITIES INFORMATION WITHIN THE FEDERAL ELECTION COMMISSION. (a) There shall be established within the Federal Election Commission a clearinghouse of existing public information regarding the political activities of foreign principals and foreign agents (as defined by the Foreign Agents Registration Act of 1938, as amended). The information comprising this clearinghouse shall include and be solely limited to the following: (1) Existing publicly disclosed registrations and quarterly reports required by the Federal Regulation of Lobbying Act (2 U.S.C. 261-270). (2) Existing publicly disclosed registrations and quarterly reports required by the Foreign Agents Registration Act, as amended (22 U.S.C. 611-621). (3) The catalogue of public hearings, hearings witnesses and witness affiliations as printed in the Congressional Record. (4) Existing public information disclosed pursuant to House and Senate rules regarding honoraria, the receipt of gifts, travel, earned and unearned income, post-congressional employment, and conflict of interest regulations. (5) Existing public information disclosed pursuant to the requirements of the Federal Election Campaign Act of 1971 (2 U.S.C. 431 et seq.). (b) Notwithstanding any other provision of law, the disclosure by the clearinghouse of any information other than that set forth in subsection (a) shall be prohibited except by Act of Congress. (c) A Director shall administer and manage the responsibilities and all activities of the clearinghouse. (d) The Director shall be appointed by the Federal Election Commission. (e) The Director shall serve a single term not to exceed 5 years. (f) There shall be authorized such sums as necessary to conduct activities of the clearinghouse. SEC. 5. DUTIES AND RESPONSIBILITIES OF THE DIRECTOR OF THE CLEARINGHOUSE. (a) In General.--It shall be the duty of the Director-- (1) to develop a filing, coding, and cross-indexing system to carry out the purposes of this Act (which shall include an index of all persons identified in the reports, registrations, and other existing public disclosures filed under this Act); (2) notwithstanding any other provision of law, to make copies of registrations, reports and public disclosures filed with him under this Act available for public inspection and copying, commencing as soon as practicable, and to permit copying of any such registration or report by hand or by copying machine or, at the request of any person, to furnish a copy of any such registration or report upon payment of the cost of making and furnishing such copy; but no information contained in such registration or report shall be sold or utilized by any person for the purpose of soliciting contributions or for any profit-making purpose; (3) to compile and summarize, for each calendar quarter, the information contained in such registrations, reports, and other existing public disclosures required by this Act in a manner which facilitates the disclosure of political activities, including, but not limited to, information on-- (A) political activities pertaining to issues before the Congress and issues before the executive branch; and (B) the political activities of individuals, organizations, foreign principals, and foreign agents who share an economic, business, or other common interest; (4) to make the information compiled and summarized under paragraph (3) available to the public within 30 days after the close of each quarterly period, and to publish such information in the Federal Register at the earliest practicable opportunity; (5) not later than 150 days after the date of the enactment of this Act and at any time thereafter, to prescribe, in consultation with the Comptroller General of the United States, rules, regulations, and forms, in conformity with the provisions of chapter 5 of title 5, United States Code, as are necessary to carry out the provisions of this Act in the most effective and efficient manner; (6) at the request of any Member of the Senate or the House of Representatives, to prepare and submit to such Member a special study or report relating to the political activities of any person, such report to consist solely of the information in the registrations, reports, and other publicly disclosed information required in this Act; (7) to require the accurate, timely, and complete transfer of information required under section 1 of this Act to the clearinghouse; and (8) to refer to the Comptroller General for investigation any instances where registrations, reports, and political information required in section 1 of this Act are not forwarded to the clearinghouse in an accurate, timely, and complete fashion. (b) Definitions.--As used in this section-- (1) the term ``issue before the Congress'' means the total of all matters, both substantive and procedural, relating to (A) any pending or proposed bill, resolution, report, nomination, treaty, hearing, investigation, or other similar matter in either the Senate or the House of Representatives or any committee or office of the Congress, or (B) any action or proposed action by a Member, officer, or employee of the Congress to affect, or attempt to affect, any action or proposed action by any officer or employee of the executive branch; and (2) the term ``issue before the executive branch'' means the total of all matters, both substantive and procedural, relating to any action or possible action by any executive agency, or by any officer or employee of the executive branch, concerning (A) any pending or proposed rule, rule of practice, adjudication, regulation, determination, hearing, investigation, contract, grant, license, negotiation, or the appointment of officers and employees, other than appointments in the competitive service, or (B) any issue before the Congress. SEC. 6. AMENDMENTS TO THE FOREIGN AGENTS REGISTRATION ACT OF 1938, AS AMENDED. (a) Section 2(b) of the Foreign Agents Registration Act of 1938, as amended, is amended in the first sentence by striking out ``, within thirty days'' and all that follows through ``preceding six months' period'' and inserting in lieu thereof ``on January 31, April 30, July 31, and October 31 of each year, file with the Attorney General a supplement thereto on a form prescribed by the Attorney General, which shall set forth regarding the three-month periods ending the previous December 31, March 31, June 30, and September 30, respectively, or if a lesser period, the period since the initial filing,''. (b) Section 3(g) of the Foreign Agents Registration Act of 1938, as amended, is amended by inserting after ``whether formal or informal.'' the following: ``Notwithstanding any other provision of law, persons covered by this subsection shall be exempt only upon filing with the Attorney General an affirmative request for exemption.''. (c) Section 8 of the Foreign Agents Registration Act of 1938, as amended, is amended by adding at the end thereof the following: ``(i)(1) Any person who is determined, after notice and opportunity for an administrative hearing-- ``(A) to have failed to file a registration statement under section 2(a) or a supplement thereto under section 2(b), ``(B) to have omitted a material fact required to be stated therein, or ``(C) to have made a false statement with respect to such a material fact, shall be required to pay a civil penalty in an amount not less than $2,000 or more than $5,000 for each violation committed. In determining the amount of the penalty, the Attorney General shall give due consideration to the nature and duration of the violation. ``(2)(A) In conducting investigations and hearings under paragraph (1), administrative law judges may, if necessary, compel by subpoena the attendance of witnesses and the production of evidence at any designated place or hearing. ``(B) In the case of contumacy or refusal to obey a subpoena lawfully issued under this paragraph and, upon application by the Attorney General, an appropriate district court of the United States may issue an order requiring compliance with such subpoena and any failure to obey such order may be punished by such court as contempt thereof.''.

Ethics in Foreign Lobbying Act of 1995 - Amends the Federal Election Campaign Act of 1971 to prohibit contributions and expenditures in Federal elections by multicandidate political committees or separate segregated funds sponsored by foreign-controlled (at least 50 percent owned by a non-U.S. citizen or foreign national) corporations and associations. Sets forth ownership and operating fund reporting requirements. Prohibits a foreign national from participating in the decision-making process of any person's (such as a corporation, labor organization, or political committee) election-related activities. Establishes within the Federal Election Commission a clearinghouse of existing public information regarding foreign principals' and agents' political activities. Amends the Foreign Agents Registration Act of 1938, as amended, to: (1) revise foreign agents' supplemental reporting requirements; and (2) provide civil penalties for specified reporting violations.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Northern Ireland Fair Employment Practices Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) Overall unemployment in Northern Ireland exceeds 14 percent. (2) Unemployment in some neighborhoods of Northern Ireland comprised of religious minorities has exceeded 70 percent. (3) The British Government Fair Employment Commission (F.E.C.), formerly the Fair Employment Agency (F.E.A.), has consistently reported that a member of the minority community is two and one-half times more likely to be unemployed than a member of the majority community. (4) The Industrial Development Organization for Northern Ireland lists twenty-five firms in Northern Ireland which are controlled by United States persons. (5) The Investor Responsibility Research Center (IRRC), Washington, District of Columbia, lists forty-nine publicly held and nine privately held United States companies doing business in Northern Ireland. (6) The religious minority population of Northern Ireland is frequently subject to discriminatory hiring practices by United States businesses which have resulted in a disproportionate number of minority individuals holding menial and low-paying jobs. (7) The MacBride Principles are a nine point set of guidelines for fair employment in Northern Ireland which establishes a corporate code of conduct to promote equal access to regional employment but does not require disinvestment, quotas, or reverse discrimination. SEC. 3. RESTRICTION ON IMPORTS. An article from Northern Ireland may not be entered, or withdrawn from warehouse for consumption, in the customs territory of the United States unless there is presented at the time of entry to the customs officer concerned documentation indicating that the enterprise which manufactured or assembled such article was in compliance at the time of manufacture with the principles described in section 5. SEC. 4. COMPLIANCE WITH FAIR EMPLOYMENT PRINCIPLES. (a) Compliance.--Any United States person who-- (1) has a branch or office in Northern Ireland, or (2) controls a corporation, partnership, or other enterprise in Northern Ireland, in which more than twenty people are employed shall take the necessasry steps to insure that, in operating such branch, office, corporation, partnership, or enterprise, those principles relating to employment practices set forth in section 5 are implemented and this Act is complied with. (b) Report.--Each United States person referred to in subsection (a) shall submit to the Secretary-- (1) a detailed and fully documented annual report, signed under oath, on showing compliance with the provisions of this Act; and (2) such other information as the Secretary determines is necessary. SEC. 5. MACBRIDE PRINCIPLES. The principles referred to in section 4, which are based on the MacBride Principles, are as follows: (1) Eliminating religious discrimination in managerial, supervisory, administrative, clerical, and technical jobs and significantly increasing the representation in such jobs of individuals from underrepresented religious groups. (2) Providing adequate security for the protection of minority employees at the workplace. (3) Banning provocative sectarian and political emblems from the workplace. (4) Advertising publicly all job openings and undertaking special recruitment efforts to attract applicants from underrepresented religious groups. (5) Establishing layoff, recall, and termination procedures which do not favor particular religious groupings. (6) Providing equal employment for all employees, including implementing equal and nondiscriminatory terms and conditions of employment for all employees, and abolishing job reservations, apprenticeship restrictions, and differential employment criteria, which discriminate on the basis of religion or ethnic origin. (7) Developing training programs that will prepare substantial numbers of minority employees for managerial, supervisory, administrative, clerical, and technical jobs, including-- (A) expanding existing programs and forming new programs to train, upgrade, and improve the skills of all categories of minority employees; (B) creating on-the-job training programs and facilities to assist minority employees to advance to higher paying jobs requiring greater skills; and (C) establishing and expanding programs to enable minority employees to further their education and skills at recognized education facilities. (8) Establishing procedures to assess, identify, and actively recruit minority individuals with potential for further advancement, and identifying those minority individuals who have high management potential and enrolling them in accelerated management programs. (9) Appointing a senior management staff member to oversee the United States person's compliance with the principles described in this section. SEC. 6. WAIVER OF PROVISIONS. (a) Waiver of Provisions.--In any case in which the President determines that compliance by a United States person with the provisions of this Act would harm the national security of the United States, the President may waive those provisions with respect to that United States person. The President shall publish in the Federal register each waiver granted under this section and shall submit to the Congress a justification for granting each such waiver. Any such waiver shall become effective at the end of ninety days after the date on which the justification is submitted to the Congress unless the Congress, within that ninety-day period, adopts a joint resolution disapproving the waiver. In the computation of such ninety-day period, there shall be excluded the days on which either House of Congress is not in session because of an adjournment of more than three days to a day certain or because of an adjournment of the Congress sine die. (b) Consideration of Resolutions.-- (1) Any resolution described in subsection (a) shall be considered in the Senate in accordance with the provisions of section 601(b) of the International Security Assistance and Arms Export Control Act of 1976. (2) For the purpose of expediting the consideration and adoption of a resolution under subsection (a) in the House of Representatives, a motion to proceed to the consideration of such resolution after it has been reported by the appropriate committee shall be treated as highly privileged in the House of Representatives. SEC. 7. DEFINITIONS AND PRESUMPTIONS. (a) Definitions.--For the purpose of this Act-- (1) the term ``United States person'' means any United States resident or national and any domestic concern (including any permanent domestic establishment of any foreign concern); (2) the term ``Secretary'' means the Secretary of Commerce; and (3) the term ``Northern Ireland'' includes the counties of Antrim, Armagh, Londonderry, Down, Tyrone, and Fermanagh. (b) Presumption.--A United States person shall be presumed to control a corporation, partnership, or other enterprise in Northern Ireland if-- (1) the United States person beneficially owns or controls (whether directly or indirectly) more than 50 percent of the outstanding voting securities of the corporation, partnership, or enterprise; (2) the United States person beneficially owns or controls (whether directly or indirectly) 25 percent or more of the voting securities of the corporation, partnership, or enterprise, if no other person owns or controls (whether directly or indirectly) an equal or larger percentage; (3) the corporation, partnership, or enterprise is operated by the United States person pursuant to the provisions of an exclusive management contract; (4) a majority of the members of the board of directors of the corporation, partnership, or enterprise are also members of the comparable governing body of the United States person; (5) the United States person has authority to appoint the majority of the members of the board of directors of the corporation, partnership, or enterprise; or (6) the United States person has authority to appoint the chief operating officer of the corporation, partnership, or enterprise. SEC. 8. EFFECTIVE DATE. This Act shall take effect six months after the date of enactment of this Act.

Northern Ireland Fair Employment Practices Act - Prohibits an article from being imported into the United States from Northern Ireland unless documentation is presented at the time of entry indicating that the enterprise which manufactured or assembled such article complied at the time of manufacture with certain fair employment principles (such as freedom from religious discrimination). Bases such principles on the MacBride Principles, a nine point set of guidelines for fair employment in Northern Ireland. Requires any U.S. person who has a branch or office in Northern Ireland or who controls an enterprise in Northern Ireland in which more than 20 people are employed to insure implementation of such employment principles and compliance with this Act. Authorizes the President to waive the requirements of this Act in the interest of national security.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Airport Noise Curfew Act of 2004''. SEC. 2. ESTABLISHMENT. There is established a commission to be known as the ``Airport Noise Curfew Commission'' (in this Act referred to as the ``Commission''). SEC. 3. DUTIES OF COMMISSION. The Commission shall study and make recommendations to Congress regarding the establishment of curfews on nonmilitary aircraft operations over populated areas of the United States during normal sleeping hours. SEC. 4. MEMBERSHIP. (a) Number and Appointment.--The Commission shall be composed of 9 members as follows: (1) 4 members appointed by the Speaker of the House of Representatives. (2) 3 members appointed by the President pro tempore of the Senate. (3) The Administrator of the Environmental Protection Agency (or the Administrator's designee). (4) The Administrator of the Federal Aviation Administration (or the Administrator's designee). (b) Qualifications.--One of the members appointed under each of subsections (a)(1) and (a)(2) shall be a representative of the aviation industry. The other members appointed under such subsections shall be private citizens not involved in the aviation industry. (c) Chairperson.--The Chairperson of the Commission shall be elected by the members from among the members appointed under subsections (a)(1) and (a)(2) who are private citizens not involved in the aviation industry. (d) Vacancies.--A vacancy in the Commission shall be filled in the manner in which the original appointment was made. (e) Basic Pay.-- (1) Rates of pay.--To the extent or in the amounts provided in advance in appropriation Acts and except as provided in paragraph (2), members of the Commission shall each be entitled to receive the daily equivalent of the annual rate of basic pay in effect for grade GS-18 of the General Schedule for each day (including travel time) during which they are engaged in the actual performance of duties vested in the Commission. (2) Prohibition of compensation of federal employees.-- Members of the Commission who are full-time officers or employees of the United States may not receive additional pay, allowances, or benefits by reason of their service on the Commission. (f) Travel Expenses.--Each member shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code. SEC. 5. STAFF OF COMMISSION. (a) Staff.--Subject to rules prescribed by the Commission, the Chairperson may appoint and fix the pay of such personnel as the Chairperson considers appropriate. (b) Applicability of Certain Civil Service Laws.--The staff of the Commission may be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates. (c) Experts and Consultants.--Subject to rules prescribed by the Commission, the Chairperson may procure temporary and intermittent services to the same extent as is authorized by section 3109(b) of title 5, United States Code, but at rates for individuals not to exceed the daily equivalent of the annual rate of basic pay in effect for grade GS-18 of the General Schedule. (d) Staff of Federal Agencies.--Upon request of the Commission, the head of any Federal department or agency may detail, on a reimbursable basis, any of the personnel of that department or agency to the Commission to assist it in carrying out its duties under this Act. SEC. 6. POWERS OF COMMISSION. (a) Hearings and Sessions.--The Commission may, for the purpose of carrying out its duties and functions under this Act, hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence, as the Commission considers appropriate. (b) Powers of Members and Agents.--Any member or agent of the Commission may, if authorized by the Commission, take any action which the Commission is authorized to take by this Act. (c) Obtaining Official Data.--The Commission may secure directly from any Federal department or agency information necessary to enable it to carry out its duties and functions. Upon request of the Chairperson of the Commission, the head of such department or agency shall furnish such information to the Commission. (d) Mails.--The Commission may use the United States mails in the same manner and under the same conditions as other Federal departments and agencies. (e) Administrative Support Services.--Upon the request of the Commission, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, the administrative support services necessary for the Commission to carry out its responsibilities under this Act. (f) Subpoena Power.--The Commission may issue subpoenas requiring the attendance and testimony of witnesses and the production of any evidence relating to any matter which the Commission is empowered to investigate by this Act. The attendance of witnesses and the production of evidence may be required from any place within the United States at any designated place of hearing within the United States. SEC. 7. REPORT. Not later than 6 months after the date of enactment of this Act, the Commission shall transmit to Congress a report on its findings and recommendations. SEC. 8. TERMINATION. The Commission shall terminate on the date of transmission of its report under section 7.

Airport Noise Curfew Act of 2004 - Establishes the Airport Noise Curfew Commission to study and make recommendations to Congress regarding the establishment of curfews on nonmilitary aircraft operations over populated areas of the United States during normal sleeping hours.

SECTION 1. FINDINGS. The Congress makes the following findings: (1) There are approximately 100,000,000 unexploded antipersonnel landmines strewn in more than 60 countries around the world, and tens of millions of antipersonnel landmines are stored in stockpiles. The Department of State reports that ``landmines may be the most toxic and widespread pollution facing mankind''. (2) Like chemical and biological weapons, landmines kill and maim indiscriminately. (3) After the United States adopted a unilateral moratorium on the export of antipersonnel landmines, the United Nations General Assembly unanimously called for an international moratorium on such exports, and the Governments of France, Germany, Greece, Belgium, the Netherlands, Poland, Slovakia, and South Africa have each announced an export moratorium. The Government of Cambodia has stated that it will no longer use or purchase antipersonnel landmines. (4) Despite such actions, far more antipersonnel landmines are being strewn than are being cleared. Each month, at least 1,200 persons, mostly innocent civilians, are killed or injured by landmines. In some countries, more than one third of all casualties of landmines are women and children. (5) With hundreds of types of antipersonnel landmines being produced in at least 50 countries, only international cooperation on limits on the production, possession, transfer, and use of anti-personnel landmines will stop the slaughter of innocent lives. (6) A United Nations conference to review the 1980 Conventional Weapons Convention, including Protocol II to the Convention (commonly referred to as the ``Landmine Protocol''), is planned for 1995. Meetings of governmental experts to prepare for the conference have begun. This is a critical time for United States leadership to help solve the landmine crisis. SEC. 2. POLICY. It is the sense of Congress that the President should-- (1) actively seek an international agreement prohibiting the production, possession, transfer, and use of antipersonnel landmines; and (2) as interim measures to be pursued during the seeking of such prohibitions, actively seek international agreements, modifications of the 1980 Conventional Weapons Convention, or other agreements or arrangements to limit further the production, possession, transfer, and use of antipersonnel landmines. SEC. 3. MORATORIUM ON THE PRODUCTION AND PROCUREMENT OF ANTIPERSONNEL LANDMINES. (a) Sense of Congress.--It is the sense of Congress that a moratorium by the United States on the purchase and production of antipersonnel landmines would encourage other nations to adopt similar measures. (b) Moratorium.--Effective 90 days after the date of the enactment of this Act, the United States Government shall not purchase or produce antipersonnel landmines. (c) Period of Moratorium.--The prohibition set forth in subsection (b) shall continue until the end of the one-year period beginning on the date of the enactment of this Act. (d) Actions by Other Nations.--(1) The Congress urges the President, during the period referred to in subsection (c), to encourage each nation which is a major producer of antipersonnel landmines to adopt a moratorium similar to the moratorium described in subsection (b). (2) If the President determines during the period referred to in subsection (c) that nations that are major producers of antipersonnel landmines have adopted moratoria similar to the moratorium described in subsection (b), the President may extend the moratorium for such additional time as the President considers appropriate. (3) For the purposes of this subsection, the term ``major producers of antipersonnel landmines'' include the following: (A) Belgium. (B) Bulgaria. (C) The Peoples Republic of China. (D) Egypt. (E) France. (F) Germany. (G) Hungary. (H) Italy. (I) Pakistan. (J) Russia. (K) South Africa. (L) The United Kingdom. SEC. 4. AUTHORIZATION OF FUNDS FOR DEMINING ACTIVITIES FOR FISCAL YEAR 1995. There is hereby authorized to be appropriated to the Department of Defense for fiscal year 1995 the sum of $25,000,000 for-- (1) humanitarian activities relating to the clearing and disarming of landmines and the protection of civilians from landmines (including activities relating to the furnishing of education, training, technical assistance, demining equipment and technology and activities relating to research and development on demining equipment and technology); and (2) contributions to United Nations funds and to nongovernmental organizations to support such activities. SEC. 5. ANALYSIS AND ASSESSMENT OF COSTS AND EFFECTS OF ANTIPERSONNEL LANDMINES. (a) Analysis.--(1) Not later than six months after the date of the enactment of this Act, the Administrator of the Agency for International Development and the Secretary of State shall submit to Congress a joint report containing a quantitative and qualitative analysis of the social, economic, and environmental costs and effects of the use of antipersonnel landmines. (2) The analysis shall cover not less than three countries (as jointly determined by the Administrator and the Secretary) in which the presence of landmines presents significant social, economic, and environmental problems. (3) In preparing the report, the Administrator and the Secretary shall rely on any appropriate governmental and nongovernmental materials and sources of information that are available to them. (b) Assessment.--(1) The Secretary of Defense shall submit to Congress a report setting forth the total number of members of the United States Armed Forces killed or wounded by antipersonnel landmines during each of the following periods: (A) World War II. (B) The Korean conflict. (C) The Vietnam era. (D) The Persian Gulf War. (2) The Secretary of Defense shall submit the report under this subsection at the same time that the report required under subsection (a) is submitted. SEC. 6. DEFINITIONS. For purposes of this Act: (1) The term ``antipersonnel landmine'' means any of the following: (A) Any munition placed under, on, or near the ground or other surface area, delivered by artillery, rocket, mortar, or similar means, or dropped from an aircraft and which is designed, constructed, adapted, or designed to be adapted to be detonated or exploded by the presence, proximity, or contact of a person. (B) Any device or material which is designed, constructed, adapted, or designed to be adapted to kill or injure and which functions unexpectedly when a person disturbs or approaches an apparently harmless object or performs an apparently safe act. (2) The term ``1980 Conventional Weapons Convention'' means the 1980 Conventional Weapons Convention on Production or Restrictions on the Use of Certain Conventional Weapons Which May Be Deemed To Be Excessively Injurious or To Have Indiscriminate Effects, done at New York on April 10, 1981.

Expresses the sense of the Congress that: (1) the President should seek an international agreement prohibiting the production, possession, transfer, and use of antipersonnel landmines; and (2) a moratorium by the United States on the purchase and production of antipersonnel landmines would encourage other nations to adopt similar measures. Prohibits the U.S. Government from purchasing or producing such landmines effective 90 days after this Act's enactment date. Continues such moratorium for one year from this Act's enactment date. Urges the President to encourage other nations which are major producers of such landmines to adopt similar moratoria. Authorizes the President to extend the moratorium if other nations have adopted similar moratoria. Authorizes appropriations to the Department of Defense for: (1) humanitarian activities relating to the clearing and disarming of landmines and the protection of civilians from landmines; and (2) contributions to United Nations funds and nongovernmental organizations to support such activities. Directs the Administrator of the Agency for International Development and the Secretary of State to submit to the Congress a quantitative and qualitative analysis of the social, economic, and environmental costs and effects of antipersonnel landmines. Requires the Secretary of Defense to report to the Congress on the total number of members of the armed forces killed or wounded by antipersonnel landmines during World War II, the Korean conflict, the Vietnam era, and the Persian Gulf War.