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SECTION 1. SHORT TITLE. This Act may be cited as the ``Internet Tax Moratorium and Equity Act''. SEC. 2. FINDINGS. The Congress makes the following findings: (1) The moratorium of the Internet Tax Freedom Act on new taxes on Internet access and on multiple and discriminatory taxes on electronic commerce should be extended. (2) States should be encouraged to simplify their sales and use tax systems. (3) As a matter of economic policy and basic fairness, similar sales transactions should be treated equally, without regard to the manner in which sales are transacted, whether in person, through the mails, over the telephone, on the Internet, or by other means. (4) Congress may facilitate such equal taxation consistent with the United States Supreme Court's decision in Quill Corp. v. North Dakota. (5) States that adequately simplify their tax systems should be authorized to correct the present inequities in taxation through requiring sellers to collect taxes on sales of goods or services delivered in-state, without regard to the location of the seller. (6) The States have experience, expertise, and a vital interest in the collection of sales and use taxes, and thus should take the lead in developing and implementing sales and use tax collection systems that are fair, efficient, and non- discriminatory in their application and that will simplify the process for both sellers and buyers. (7) Online consumer privacy is of paramount importance to the growth of electronic commerce and must be protected. SEC. 3. EXTENSION OF INTERNET TAX FREEDOM ACT MORATORIUM THROUGH 2005. Section 1101(a) of the Internet Tax Freedom Act (47 U.S.C. 151 note) is amended by striking ``3 years after the date of the enactment of this Act--'' and inserting ``on December 31, 2005:''. SEC. 4. STREAMLINED SALES AND USE TAX SYSTEM. (a) Development of Streamlined System.--It is the sense of the Congress that States and localities should work together, with the advice of the National Conference of Commissioners on Uniform State Laws, to develop a streamlined sales and use tax system that addresses the following in the context of remote sales: (1) A centralized, one-stop, multi-state registration system for sellers. (2) Uniform definitions for goods or services, whose sale may, by State action, be included in the tax base. (3) Uniform rules for attributing transactions to particular taxing jurisdictions. (4) Uniform procedures for-- (A) the designation and identification of purchasers exempt from sales and use taxes; and (B) immunization from liability for sellers that rely on such State procedures. (5) Uniform procedures for the certification of software that sellers rely on to determine sales and use tax rates and taxability. (6) Uniform bad debt rules. (7) A uniform format for tax returns and remittance forms. (8) Consistent electronic filing and remittance methods. (9) State administration of all State and local sales and use taxes. (10) Uniform audit procedures, including a provision giving a seller the option to be subject to no more than a single audit per year using those procedures; provided that if the seller does not comply with the procedures to elect a single audit, any States can conduct an audit using those procedures. (11) Reasonable compensation for tax collection by sellers. (12) Exemption from use tax collection requirements for remote sellers falling below a de minimis threshold of $5,000,000 in gross annual sales. (13) Appropriate protections for consumer privacy. (14) Such other features that the States deem warranted to promote simplicity, uniformity, neutrality, efficiency, and fairness. (b) No Undue Burden.--The Congress finds that, if adopted, the system described in subsection (a) will not place an undue burden on interstate commerce or burden the growth of electronic commerce and related technologies in any material way. SEC. 5. INTERSTATE SALES AND USE TAX COMPACT. (a) Authorization and Consent.--In general, the States are authorized to enter into an Interstate Sales and Use Tax Compact. Subject to subsection (c), the Congress consents to their entry into that Compact. The Compact shall describe a uniform, streamlined sales and use tax system consistent with section 4(a), and shall provide that States joining the Compact must adopt that system. (b) Expiration.--The authorization and consent in subsection (a) shall expire if the Compact has not been formed before January 1, 2006. (c) Congressional Consent Withdrawn if Compact Disapproved.-- (1) Adopting states to transmit.--Upon the 20th State becoming a signatory to the Compact, the adopting States shall transmit a copy of the Compact to Congress. (2) Congressional action.--The consent of the Congress to the Compact is withdrawn if the Congress, by law, disapproves the Compact within 120 days (computed in accordance with section 154 of the Trade Act of 1974 (19 U.S.C. 2194)) after the adopting States transmit it to the Congress. SEC. 6. AUTHORIZATION TO SIMPLIFY STATE USE-TAX RATES THROUGH AVERAGING. (a) In General.--A State that levies a use tax shall impose a single, uniform State-wide use-tax rate on all remote sales on which it assesses a use tax for any calendar year for which the State meets the requirements of subsection (b). (b) Averaging Requirement.--A State meets the requirements of this subsection for any calendar year in which the single, uniform State- wide use-tax rate is in effect if such rate is no greater than the weighted average of the sales tax rates actually imposed by a State and its local jurisdictions during the second calendar year prior to such calendar year. (c) Computation of Rate No Greater Than Weighted Average.--For purposes of subsection (b), a State-wide use tax rate is no greater than the weighted average of the sales tax rates imposed in a prior calendar year only if, had such rate been assessed during such prior calendar year on all sales on which a sales tax was actually assessed by such State and its local jurisdictions, such rate would not have yielded a greater total assessment of taxes than the total taxes actually assessed on such sales during such year. (d) Annual Option To Collect Actual Tax.--Notwithstanding subsection (a), a remote seller has the annual option of collecting applicable State and local use taxes throughout a State. SEC. 7. AUTHORIZATION TO REQUIRE COLLECTION OF USE TAXES. (a) Grant of Authority.-- (1) States that adopt the system may require collection.-- Any State that has adopted the system described in the Compact is authorized, notwithstanding any other provision of law, to require all sellers not qualifying for the de minimis exception to collect and remit sales and use taxes on remote sales to purchasers located in such State after the expiration of the 120 day period described by section 5(c)(2) unless the Compact is disapproved under section 5(c). (2) States that do not adopt the system may not require collection.--Paragraph (1) does not extend to any State that does not adopt the system described in the Compact. (b) No Effect on Nexus, Etc.--No obligation imposed by virtue of authority granted by subsection (a)(1) or denied by subsection (a)(2) shall be considered in determining whether a seller has a nexus with any State for any other tax purpose. Except as provided in subsection (a), nothing in this Act permits or prohibits a State-- (1) to license or regulate any person; (2) to require any person to qualify to transact intrastate business; or (3) to subject any person to State taxes not related to the sale of goods or services. SEC. 8. LIMITATION. In general, nothing in this Act shall be construed as subjecting sellers to franchise taxes, income taxes, or licensing requirements of a State or political subdivision thereof, nor shall anything in this Act be construed as affecting the application of such taxes or requirements or enlarging or reducing the authority of any State or political subdivision to impose such taxes or requirements. SEC. 9. DEFINITIONS. In this Act: (1) State.--The term ``State'' means any State of the United States of America and includes the District of Columbia. (2) Goods or services.--The term ``goods or services'' includes tangible and intangible personal property and services. (3) Remote sale.--The term ``remote sale'' means a sale in interstate commerce of goods or services attributed, under the rules established pursuant to section 4(a)(3) of this Act, to a particular taxing jurisdiction that could not, except for the authority granted by this Act, require that the seller of such goods or services collect and remit sales or use taxes on such sale. (4) Locus of remote sale.--The term ``particular taxing jurisdiction'', when used with respect to the location of a remote sale means a remote sale of goods or services attributed, under the rules established pursuant to section 4(a)(3) of this Act, to a particular taxing jurisdiction.

Expresses the sense of the Congress that States and localities should work together, with the advice of the National Conference of Commissioners on Uniform State Laws, to develop a uniform streamlined sales and use tax system that addresses remote sales. Authorizes States to enter into an Interstate Sales and Use Tax Compact which shall describe a uniform, streamlined sales and use tax system consistent with such system.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Bovine Growth Hormone Moratorium Act of 1993''. SEC. 2. SALE OF MILK PRODUCED WITH BOVINE GROWTH HORMONE. Section 204 of the Agricultural Act of 1949 (7 U.S.C. 1446e) is amended-- (1) by redesignating subsection (k) as subsection (l); and (2) by inserting after subsection (j) the following new subsection: ``(k) Sale of Milk Produced With Bovine Growth Hormone.-- ``(1) Definitions.--As used in this subsection: ``(A) Bovine growth hormone.--The term `bovine growth hormone' means-- ``(i) a substance known as bovine somatotropin, bST, BST, bGH, or BGH; and ``(ii) a growth hormone, intended for use in bovine, that has been produced through recombinant DNA techniques. ``(B) Cow.--The term `cow' means a bovine animal. ``(2) Prohibition on sale.--During the period beginning 30 days after the date of enactment of the Bovine Growth Hormone Moratorium Act of 1993 and ending on the date of submission to Congress of the report required under paragraph (5), it shall be unlawful for a person to market for commercial use milk produced by a cow after the cow was injected with bovine growth hormone if the person knew, or should have known, that the cow was injected with the hormone and that the milk could be marketed for commercial use. ``(3) Records.-- ``(A) In general.--During the period referred to in paragraph (2), a person who sells bovine growth hormone or injects the hormone into a cow shall prepare and maintain records that comply with the regulations issued by the Secretary under subparagraph (B). ``(B) Regulations.-- ``(i) Persons covered.--Not later than 30 days after the date of enactment of the Bovine Growth Hormone Moratorium Act of 1993, the Secretary shall issue regulations that require-- ``(I) persons who sell bovine growth hormone; and ``(II) persons who inject bovine growth hormone into cows, to create and maintain records that contain the applicable information specified in clause (ii). ``(ii) Information.--Regulations issued under this subparagraph shall require records to contain a description of-- ``(I) the quantity and source of the bovine growth hormone obtained (by manufacture, purchase, or any other means); ``(II) the date on which the hormone was obtained; and ``(III) the identity of each person to whom the hormone was sold or otherwise distributed, the cows into which any portion of the hormone was injected, and each person who has an operator or ownership interest in the cows. ``(4) Penalties.-- ``(A) In general.--Except as provided in subparagraph (B), a person who violates paragraph (2) or (3) shall be liable for a civil penalty of $1,000. ``(B) Multiple violations.--A person who commits more than one violation of paragraph (2), or more than one violation of paragraph (3), shall be liable for a civil penalty of $10,000 for each such violation after the first such violation. ``(C) Separate violations.--For purposes of this paragraph-- ``(i) each day on which a person sells milk in violation of paragraph (2) shall be treated as a separate violation of paragraph (2) by the person; and ``(ii) each day on which a person sells or injects bovine growth hormone in violation of paragraph (3) shall be treated as a separate violation of paragraph (3) by the person. ``(5) Study and report.--Not later than 1 year after the date of enactment of the Bovine Growth Hormone Moratorium Act of 1993, the Secretary shall-- ``(A) conduct a study of the economic impact of the use of bovine growth hormone on the dairy industry and the Federal milk price support program established under this section; and ``(B) submit to the appropriate committees of Congress a report summarizing in detail the results of the study.''.

Bovine Growth Hormone Moratorium Act of 1993 - Amends the Agricultural Act of 1949 to temporarily prohibit the sale of milk produced by cows injected with bovine growth hormone if the producer knew or should have known that the cow was injected with the hormone and that the milk could be commercially marketed. Requires the Secretary of Agriculture to study the economic impact of the use of bovine growth hormone on the dairy industry and the Federal milk price program.

SECTION 1. INTERSTATE AND INTERNATIONAL TRANSPORTATION AND DISPOSAL OF MUNICIPAL SOLID WASTE. (a) In General.--Subtitle D of the Solid Waste Disposal Act (42 U.S.C. 6941 et seq.) is amended by adding after section 4010 the following new section: ``SEC. 4011. INTERNATIONAL TRANSPORTATION AND DISPOSAL OF MUNICIPAL SOLID WASTE. ``(a) Authority.--A State may enact a law or laws imposing limitations (including a prohibition) on the receipt and disposal of foreign municipal solid waste. ``(b) Effect on Interstate and Foreign Commerce.--No State action taken as authorized by this section shall be considered to impose an undue burden on interstate and foreign commerce or to otherwise impair, restrain, or discriminate against interstate and foreign commerce. ``(c) Definitions.--For purposes of this section: ``(1) Foreign municipal solid waste.--The term `foreign municipal solid waste' means municipal solid waste generated outside of the United States. ``(2) Municipal solid waste.-- ``(A) Waste included.--Except as provided in subparagraph (B), the term `municipal solid waste' means-- ``(i) all waste materials discarded for disposal by households, including single and multifamily residences, and hotels and motels; and ``(ii) all waste materials discarded for disposal that were generated by commercial, institutional, municipal, and industrial sources, to the extent such materials-- ``(I) are essentially the same as materials described in clause (i); and ``(II) were collected and disposed of with other municipal solid waste described in clause (i) or subclause (I) of this clause as part of normal municipal solid waste collection services, except that this subclause does not apply to hazardous materials other than hazardous materials that, pursuant to regulations issued under section 3001(d), are not subject to regulation under subtitle C. Examples of municipal solid waste include food and yard waste, paper, clothing, appliances, consumer product packaging, disposable diapers, office supplies, cosmetics, glass and metal food containers, and household hazardous waste. Such term shall include debris resulting from construction, remodeling, repair, or demolition of structures. ``(B) Waste not included.--The term `municipal solid waste' does not include any of the following: ``(i) Any solid waste identified or listed as a hazardous waste under section 3001, except for household hazardous waste. ``(ii) Any solid waste, including contaminated soil and debris, resulting from-- ``(I) 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); ``(II) a response action taken under a State law with authorities comparable to the authorities of such section 104 or 106; or ``(III) a corrective action taken under this Act. ``(iii) Recyclable materials that have been separated, at the source of the waste, from waste otherwise destined for disposal or that have been managed separately from waste destined for disposal. ``(iv) Scrap rubber to be used as a fuel source. ``(v) Materials and products returned from a dispenser or distributor to the manufacturer or an agent of the manufacturer for credit, evaluation, and possible reuse. ``(vi) Any solid waste that is-- ``(I) generated by an industrial facility; and ``(II) transported for the purpose of treatment, storage, or disposal to a facility or unit thereof that is owned or operated by the generator of the waste, located on property owned by the generator or a company with which the generator is affiliated, or the capacity of which is contractually dedicated exclusively to a specific generator, so long as the disposal area complies with local and State land use and zoning regulations applicable to the disposal site. ``(vii) Any medical waste that is segregated from or not mixed with solid waste. ``(viii) Sewage sludge and residuals from any sewage treatment plant. ``(ix) Combustion ash generated by resource recovery facilities or municipal incinerators, or waste from manufacturing or processing (including pollution control) operations not essentially the same as waste normally generated by households.''. (b) Table of Contents Amendment.--The table of contents of the Solid Waste Disposal Act (42 U.S.C. prec. 6901) is amended by adding after the item relating to section 4010 the following new item: ``Sec. 4011. International transportation and disposal of municipal solid waste.''.

Amends the Solid Waste Disposal Act to authorize States to enact laws imposing limitations on the receipt and disposal of foreign municipal solid waste. Declares that no State action taken pursuant to such authorization shall be considered to impose an undue burden on, or to otherwise impair, restrain, or discriminate against, interstate and foreign commerce. Lists those materials included and excluded from the definition of municipal solid waste.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Restore Open Government Act of 2004''. SEC. 2. TABLE OF CONTENTS. The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Table of Contents. TITLE I--FREEDOM OF INFORMATION Sec. 101. Revocation of the Ashcroft Memo and the Card Memo. Sec. 102. Findings and policy relating to disclosure of information under the Freedom of Information Act. Sec. 103. Protection of voluntarily furnished confidential information. TITLE II--PRESIDENTIAL RECORDS Sec. 201. Revocation of Executive Order of November 1, 2001. TITLE III--ADVISORY COMMITTEES Sec. 301. Presidential inter-agency advisory committees. TITLE IV--CLASSIFICATION OF INFORMATION Sec. 401. Reducing excessive classification of information. TITLE V--OTHER PROVISIONS Sec. 501. Citizen actions. TITLE I--FREEDOM OF INFORMATION SEC. 101. REVOCATION OF THE ASHCROFT MEMO AND THE CARD MEMO. The ``Memorandum for Heads of all Federal Departments and Agencies'' on ``The Freedom of Information Act'' issued by Attorney General John Ashcroft on October 12, 2001, and the ``Memorandum for the Heads of Executive Department and Agencies'' on ``Action to Safeguard Information Regarding Weapons of Mass Destruction and Other Sensitive Documents Related to Homeland Security'' issued by Andrew H. Card, Jr., Assistant to the President and Chief of Staff on March 19, 2002, shall have no force or effect. SEC. 102. FINDINGS AND POLICY RELATING TO DISCLOSURE OF INFORMATION UNDER THE FREEDOM OF INFORMATION ACT. (a) Findings.--Congress finds the following: (1) Public access to information held by the Federal Government is vitally important to the functioning of a democratic society. (2) The Freedom of Information Act was enacted to ensure such public access to information. (3) The Freedom of Information Act specifies limited exemptions to the general requirement for disclosure, where disclosure could potentially threaten other important public policy goals. (4) In establishing the categories of exempt information under the Freedom of Information Act, Congress allowed agencies to withhold information in those categories, but did not in any way mandate or encourage such withholding. (b) Policy.--The policy of the Federal Government is to release information to the public in response to a request under the Freedom of Information Act-- (1) if such release is required by law; or (2) if such release is allowed by law and the agency concerned does not reasonably foresee that disclosure would be harmful to an interest protected by an applicable exemption. (c) Guidance.--All guidance provided to Federal Government employees responsible for carrying out the Freedom of Information Act shall be consistent with the policy set forth in subsection (b). SEC. 103. PROTECTION OF VOLUNTARILY FURNISHED CONFIDENTIAL INFORMATION. (a) In General.--Title II of the Homeland Security Act of 2002 (Public Law 107-296) is amended by striking subtitle B and inserting the following: ``Subtitle B--Protection of Voluntarily Furnished Confidential Information ``SEC. 211. PROTECTION OF VOLUNTARILY FURNISHED CONFIDENTIAL INFORMATION. ``(a) Definitions.--In this section: ``(1) Critical infrastructure.--The term `critical infrastructure' has the meaning given that term in section 1016(e) of the USA PATRIOT ACT of 2001 (42 U.S.C. 5195c(e)). ``(2) Furnished voluntarily.-- ``(A) Definition.--The term `furnished voluntarily' means a submission of a record that-- ``(i) is made to the Department in the absence of authority of the Department requiring that record to be submitted; and ``(ii) is not submitted or used to satisfy any legal requirement or obligation or to obtain any grant, permit, benefit (such as agency forbearance, loans, or reduction or modifications of agency penalties or rulings), or other approval from the Government. ``(B) Benefit.--In this paragraph, the term `benefit' does not include any warning, alert, or other risk analysis by the Department. ``(b) In General.--Notwithstanding any other provision of law, a record pertaining to the vulnerability of and threats to critical infrastructure (such as attacks, response, and recovery efforts) that is furnished voluntarily to the Department shall not be made available under section 552 of title 5, United States Code, if-- ``(1) the provider would not customarily make the record available to the public; and ``(2) the record is designated and certified by the provider, in a manner specified by the Department, as confidential and not customarily made available to the public. ``(c) Records Shared With Other Agencies.-- ``(1) In general.-- ``(A) Response to request.--An agency in receipt of a record that was furnished voluntarily to the Department and subsequently shared with the agency shall, upon receipt of a request under section 552 of title 5, United States Code, for the record-- ``(i) not make the record available; and ``(ii) refer the request to the Department for processing and response in accordance with this section. ``(B) Segregable portion of record.--Any reasonably segregable portion of a record shall be provided to the person requesting the record after deletion of any portion which is exempt under this section. ``(2) Disclosure of independently furnished records.-- Notwithstanding paragraph (1), nothing in this section shall prohibit an agency from making available under section 552 of title 5, United States Code, any record that the agency receives independently of the Department, regardless of whether or not the Department has a similar or identical record. ``(d) Withdrawal of Confidential Designation.--The provider of a record that is furnished voluntarily to the Department under subsection (b) may at any time withdraw, in a manner specified by the Department, the confidential designation. ``(e) Procedures.--The Secretary shall prescribe procedures for-- ``(1) the acknowledgement of receipt of records furnished voluntarily; ``(2) the designation, certification, and marking of records furnished voluntarily as confidential and not customarily made available to the public; ``(3) the care and storage of records furnished voluntarily; ``(4) the protection and maintenance of the confidentiality of records furnished voluntarily; and ``(5) the withdrawal of the confidential designation of records under subsection (d). ``(f) Effect on State and Local Law.--Nothing in this section shall be construed as preempting or otherwise modifying State or local law concerning the disclosure of any information that a State or local government receives independently of the Department. ``(g) Report.-- ``(1) Requirement.--Not later than 18 months after the date of the enactment of the Restore Open Government Act of 2004, the Comptroller General of the United States shall submit to the committees of Congress specified in paragraph (2) a report on the implementation and use of this section, including-- ``(A) the number of persons in the private sector, and the number of State and local agencies, that furnished voluntarily records to the Department under this section; ``(B) the number of requests for access to records granted or denied under this section; and ``(C) such recommendations as the Comptroller General considers appropriate regarding improvements in the collection and analysis of sensitive information held by persons in the private sector, or by State and local agencies, relating to vulnerabilities of and threats to critical infrastructure, including the response to such vulnerabilities and threats. ``(2) Committees of congress.--The committees of Congress specified in this paragraph are-- ``(A) the Committees on the Judiciary and Governmental Affairs of the Senate; and ``(B) the Committees on the Judiciary and Government Reform and Oversight of the House of Representatives. ``(3) Form.--The report shall be submitted in unclassified form, but may include a classified annex.''. (b) Technical and Conforming Amendment.--The table of contents for the Homeland Security Act of 2002 (Public Law 107-296) is amended by striking the items relating to subtitle B of title II and sections 211 through 215 and inserting the following: ``Subtitle B--Protection of Voluntarily Furnished Confidential Information ``Sec. 211. Protection of voluntarily furnished confidential information.''. TITLE II--PRESIDENTIAL RECORDS SEC. 201. REVOCATION OF EXECUTIVE ORDER OF NOVEMBER 1, 2001. Executive Order number 13233, dated November 1, 2001 (66 Fed. Reg. 56025), shall have no force or effect, and Executive Order number 12667, dated January 18, 1989 (54 Fed. Reg. 3403), shall apply by its terms. TITLE III--ADVISORY COMMITTEES SEC. 301. PRESIDENTIAL INTER-AGENCY ADVISORY COMMITTEES. (a) Definition.--The term ``Presidential inter-agency advisory committee'' is any committee or task force that-- (1) is composed wholly of full-time, or permanent part- time, officers or employees of the Federal Government; (2) includes officers or employees of at least two separate Federal agencies; (3) is established or utilized to provide advice, ideas, or recommendations to the President or Vice President on a specified topic or topics; and (4) has at least one officer or employee assigned full-time as a staff member of the committee to support the functions of the committee. (b) Requirements.-- (1) The President shall ensure that the names of the members of the committee are published in the Federal Register. (2) The committee must make public each substantive contact between the advisory committee, or individual members of the advisory committee acting on the committee's behalf, and any person who is not a full-time or permanent part-time officer or employee of the Federal Government, including-- (A) the date of the contact; (B) the form of the contact (in person, by telephone, by e-mail, or in writing); (C) the names and affiliations of the parties involved; and (D) the substance of the communication and the communication itself, if in electronic or written form. (3) For purposes of this subsection, a contact shall be considered substantive if the information conveyed influenced or was reflected in any way in the committee's advice, recommendations, or report to the President or Vice President. TITLE IV--CLASSIFICATION OF INFORMATION SEC. 401. REDUCING EXCESSIVE CLASSIFICATION OF INFORMATION. As soon as possible, but in no event later than 180 days after the date of the enactment of this Act, the President shall require Federal departments and agencies to promote a culture of information sharing by reducing disincentives to information sharing, including overclassification of information and unnecessary requirements for originator approval. TITLE V--OTHER PROVISIONS SEC. 501. CITIZEN ACTIONS. Section 552(a)(4)(E) of title 5, United States Code, is amended-- (1) by inserting ``, or in any case seeking information from a Federal agency or official under any other Federal law,'' after ``case under this section''; and (2) by adding at the end the following: ``For purposes of this section, a complainant has `substantially prevailed' if the complainant has obtained some of its requested relief through a judicial or administrative order or an enforceable written agreement, or if the complainant's pursuit of a nonfrivolous claim or defense has been a catalyst for a voluntary or unilateral change in position by the opposing party that provides any significant part of the relief sought.''.

Restore Open Government Act of 2004 - Revokes: (1) the " Memorandum for Heads of all Federal Departments and Agencies" on "The Freedom of Information Act" issued by Attorney General John Ashcroft on October 12, 2001; and (2) the "Memorandum for the Heads of Executive Department and Agencies" on "Action to Safeguard Information Regarding Weapons of Mass Destruction and Other Sensitive Documents Related to Homeland Security" issued by Andrew H. Card, Jr., Assistant to the President and Chief of Staff on March 19, 2002. Declares that the policy of the Federal Government is to release information to the public in response to a request under the Freedom of Information Act (FOIA) if such release is: (1) required by law; or (2) allowed by law and the agency concerned does not reasonably foresee that disclosure would be harmful to an interest protected by an applicable exemption. Instructs that all guidance provided to Federal agencies shall be consistent with such policy. Prohibits a record pertaining to the vulnerability of and threats to critical infrastructure that is furnished voluntarily to the Department of Homeland Security (DHS) from being made available under the FOIA if: (1) the provider would not customarily make the record available to the public; and (2) the record is designated and certified by the provider as confidential and not customarily made available to the public. (Allows the provider of such a record at any time to to withdraw the confidential designation.) Requires a Federal agency in receipt of a record that was furnished voluntarily to DHS and subsequently shared with that agency, upon receipt of a FOIA request, to: (1) not make the record available; and (2) refer the request to DHS for processing and response in accordance with this Act. Revokes Executive Order 13233 (relating to further implementation of the Presidential Records Act), dated November 1, 2001 and makes effective Executive Order 12667 (relating to Presidential records), dated January 18, 1989. Directs the President to ensure that the names of Presidential interagency advisory committee members are published in the Federal Register. Mandates that such a committee must make public each substantive contact between the advisory committee, or individual committee members acting on the committee's behalf, and any person who is not a full-time or permanent part-time officer or employee of the Government. Directs the President to require Federal departments and agencies to promote a culture of information sharing by reducing disincentives to information sharing, including overclassification of information and unnecessary requirements for originator approval. Amends the FOIA to permit a U.S. district court to assess against the United States reasonable attorney fees and other litigation costs reasonably incurred in any case seeking information from a Federal agency or official under any other Federal law in which the complainant has substantially prevailed.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Clean Boating Act of 2008''. SEC. 2. DISCHARGES INCIDENTAL TO THE NORMAL OPERATION OF RECREATIONAL VESSELS. Section 402 of the Federal Water Pollution Control Act (33 U.S.C. 1342) is amended by adding at the end the following: ``(r) Discharges Incidental to the Normal Operation of Recreational Vessels.--No permit shall be required under this Act by the Administrator (or a State, in the case of a permit program approved under subsection (b)) for the discharge of any graywater, bilge water, cooling water, weather deck runoff, oil water separator effluent, or effluent from properly functioning marine engines, or any other discharge that is incidental to the normal operation of a vessel, if the discharge is from a recreational vessel.''. SEC. 3. DEFINITION. Section 502 of the Federal Water Pollution Control Act (33 U.S.C. 1362) is amended by adding at the end the following: ``(25) Recreational vessel.-- ``(A) In general.--The term `recreational vessel' means any vessel that is-- ``(i) manufactured or used primarily for pleasure; or ``(ii) leased, rented, or chartered to a person for the pleasure of that person. ``(B) Exclusion.--The term `recreational vessel' does not include a vessel that is subject to Coast Guard inspection and that-- ``(i) is engaged in commercial use; or ``(ii) carries paying passengers.''. SEC. 4. MANAGEMENT PRACTICES FOR RECREATIONAL VESSELS. Section 312 of the Federal Water Pollution Control Act (33 U.S.C. 1322) is amended by adding at the end the following: ``(o) Management Practices for Recreational Vessels.-- ``(1) Applicability.--This subsection applies to any discharge, other than a discharge of sewage, from a recreational vessel that is-- ``(A) incidental to the normal operation of the vessel; and ``(B) exempt from permitting requirements under section 402(r). ``(2) Determination of discharges subject to management practices.-- ``(A) Determination.-- ``(i) In general.--The Administrator, in consultation with the Secretary of the department in which the Coast Guard is operating, the Secretary of Commerce, and interested States, shall determine the discharges incidental to the normal operation of a recreational vessel for which it is reasonable and practicable to develop management practices to mitigate adverse impacts on the waters of the United States. ``(ii) Promulgation.--The Administrator shall promulgate the determinations under clause (i) in accordance with section 553 of title 5, United States Code. ``(iii) Management practices.--The Administrator shall develop management practices for recreational vessels in any case in which the Administrator determines that the use of those practices is reasonable and practicable. ``(B) Considerations.--In making a determination under subparagraph (A), the Administrator shall consider-- ``(i) the nature of the discharge; ``(ii) the environmental effects of the discharge; ``(iii) the practicability of using a management practice; ``(iv) the effect that the use of a management practice would have on the operation, operational capability, or safety of the vessel; ``(v) applicable Federal and State law; ``(vi) applicable international standards; and ``(vii) the economic costs of the use of the management practice. ``(C) Timing.--The Administrator shall-- ``(i) make the initial determinations under subparagraph (A) not later than 1 year after the date of enactment of this subsection; and ``(ii) every 5 years thereafter-- ``(I) review the determinations; and ``(II) if necessary, revise the determinations based on any new information available to the Administrator. ``(3) Performance standards for management practices.-- ``(A) In general.--For each discharge for which a management practice is developed under paragraph (2), the Administrator, in consultation with the Secretary of the department in which the Coast Guard is operating, the Secretary of Commerce, other interested Federal agencies, and interested States, shall promulgate, in accordance with section 553 of title 5, United States Code, Federal standards of performance for each management practice required with respect to the discharge. ``(B) Considerations.--In promulgating standards under this paragraph, the Administrator shall take into account the considerations described in paragraph (2)(B). ``(C) Classes, types, and sizes of vessels.--The standards promulgated under this paragraph may-- ``(i) distinguish among classes, types, and sizes of vessels; ``(ii) distinguish between new and existing vessels; and ``(iii) provide for a waiver of the applicability of the standards as necessary or appropriate to a particular class, type, age, or size of vessel. ``(D) Timing.--The Administrator shall-- ``(i) promulgate standards of performance for a management practice under subparagraph (A) not later than 1 year after the date of a determination under paragraph (2) that the management practice is reasonable and practicable; and ``(ii) every 5 years thereafter-- ``(I) review the standards; and ``(II) if necessary, revise the standards, in accordance with subparagraph (B) and based on any new information available to the Administrator. ``(4) Regulations for the use of management practices.-- ``(A) In general.--The Secretary of the department in which the Coast Guard is operating shall promulgate such regulations governing the design, construction, installation, and use of management practices for recreational vessels as are necessary to meet the standards of performance promulgated under paragraph (3). ``(B) Regulations.-- ``(i) In general.--The Secretary shall promulgate the regulations under this paragraph as soon as practicable after the Administrator promulgates standards with respect to the practice under paragraph (3), but not later than 1 year after the date on which the Administrator promulgates the standards. ``(ii) Effective date.--The regulations promulgated by the Secretary under this paragraph shall be effective upon promulgation unless another effective date is specified in the regulations. ``(iii) Consideration of time.--In determining the effective date of a regulation promulgated under this paragraph, the Secretary shall consider the period of time necessary to communicate the existence of the regulation to persons affected by the regulation. ``(5) Effect of other laws.--This subsection shall not affect the application of section 311 to discharges incidental to the normal operation of a recreational vessel. ``(6) Prohibition relating to recreational vessels.--After the effective date of the regulations promulgated by the Secretary of the department in which the Coast Guard is operating under paragraph (4), the owner or operator of a recreational vessel shall neither operate in nor discharge any discharge incidental to the normal operation of the vessel into, the waters of the United States or the waters of the contiguous zone, if the owner or operator of the vessel is not using any applicable management practice meeting standards established under this subsection.''.

Clean Boating Act of 2008 - Amends the Federal Water Pollution Control Act (commonly known as the Clean Water Act) to provide that no permit shall be required by the Administrator of the Environmental Protection Agency (EPA) under the national pollutant discharge elimination system for the discharge from a recreational vessel of graywater, bilge water, cooling water, weather deck runoff, oil water separator effluent, or effluent from properly functioning marine engines or for any other discharge that is incidental to the normal operation of such vessel. Defines a "recreational vessel" as any vessel that is leased, rented, or chartered to a person for that person's pleasure or that is manufactured or used primarily for pleasure, excluding vessels that are subject to Coast Guard inspection and that are engaged in commercial use or that carry paying passengers. Requires the Administrator to: (1) determine the discharges that are incidental to the normal operation (excluding sewage) of a recreational vessel for which it is reasonable and practicable to develop management practices to mitigate adverse impacts on U.S. waters within a year of this Act's enactment and to review such determinations every five years; and (2) develop management practices for recreational vessels to mitigate the adverse impacts of such discharges on U.S. waters. Directs the Administrator, in determining what discharges are incidental to normal operations, to consider: (1) the nature of the discharge; (2) its environmental effects; (3) the practicability of using a management practice; (4) the effect that such practice would have on the operation, operational capability, or safety of the vessel; (5) applicable federal and state law and international standards; and (6) the economic costs of the use of the management practice. Requires the Administrator to: (1) promulgate federal standards of performance (which may distinguish among vessel types) for each discharge for which such a management practice is developed; and (2) review them every five years. Requires the Secretary of the department in which the Coast Guard is operating to promulgate regulations governing the design, construction, installation, and use of management practices for recreational vessels as necessary to meet such standards. Prohibits a recreational vessel from operating in or discharging in U.S. waters if such owner or operator is not using applicable management practices in compliance with such regulations.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Renewable Fuels for Energy Security Act of 2001''. SEC. 2. RENEWABLE CONTENT OF MOTOR VEHICLE FUEL. (a) Definitions.--In this section: (1) Biodiesel.--The term ``biodiesel'' means mono alkyl esters of long chain fatty acids derived from renewable liquid sources such as vegetable oils or animal fats, for use in compression-ignition (diesel) engines. (2) Biogas.--The term ``biogas'' means gas produced from a biogas source. (3) Biogas source.--The term ``biogas source'' means-- (A) a landfill; (B) a sewage waste treatment plant; (C) a feedlot; and (D) any other accumulation of decaying organic material. (4) Biomass.-- (A) In general.--The term ``biomass'' means lignocellulosic or hemicellulosic matter that is available on a renewable basis. (B) Inclusions.--The term ``biomass'' includes-- (i) dedicated energy crops and trees; (ii) wood and wood residues; (iii) plants; (iv) grasses; (v) agricultural commodities and residues; (vi) fibers; and (vii) animal waste, municipal solid waste, and other waste. (5) Biomass ethanol.--The term ``biomass ethanol'' means ethanol derived from biomass. (6) Renewable fuel.--The term ``renewable fuel'' means fuel that-- (A) is-- (i) biodiesel; (ii) ethanol or any other liquid fuel produced from biomass; or (iii) biogas; and (B) is used to reduce the quantity of fossil fuel present in a fuel mixture used to operate a motor vehicle. (7) Secretary.--The term ``Secretary'' means the Secretary of Energy. (b) Renewable Fuel Program.-- (1) Program requirements.--The motor vehicle fuel sold or introduced into commerce in the United States in calendar year 2002 or any calendar year thereafter by a refiner, blender, or importer shall, on a 6-month average basis, be comprised of a quantity of renewable fuel, measured in gasoline-equivalent gallons (as determined by the Secretary), that is not less than the applicable percentage by volume for the 6-month period. (2) Applicable percentage.-- (A) In general.--For the purposes of paragraph (1), the applicable percentage for a 6-month period of a calendar year shall be determined in accordance with the following table, unless modified under subparagraph (B): Calendar year: Applicable percentage of renewable fuel: 2002.......................................... .8 2003.......................................... .9 2004.......................................... 1.1 2005.......................................... 1.3 2006.......................................... 1.5 2007.......................................... 1.7 2008.......................................... 2.0 2009.......................................... 2.3 2010.......................................... 2.6 2011.......................................... 3.0 2012.......................................... 3.42 2013.......................................... 3.84 2014.......................................... 4.24 2015.......................................... 4.63 2016 and thereafter........................... 5.00. (B) Adjustments to applicable percentage.--On petition by a State, the Secretary, in consultation with the Secretary of Agriculture, may lower the applicable percentage specified in subparagraph (A) for a period of 1 calendar year with respect to motor vehicle fuel sold or introduced into commerce in the State, based on a determination by the Secretary, after public notice and opportunity for comment, that during the calendar year there is likely to be an inadequate domestic supply or distribution capacity in the State to meet the applicable percentage specified in subparagraph (A) for the calendar year. (C) Petitions for adjustment.-- (i) Submission.--A State shall submit a petition under subparagraph (B) not later than September 1 of the year preceding the calendar year for which the adjustment is sought. (ii) Action on petitions.--The Secretary, in consultation with the Secretary of Agriculture, shall approve or deny a State petition before the beginning of the calendar year. (c) Credit Program.-- (1) In general.--Not later than 270 days after the date of enactment of this Act, the Secretary shall promulgate regulations providing for the generation of an appropriate amount of credits by a person that refines, blends, or imports motor vehicle fuel that contains, on a 6-month average basis, a quantity of renewable fuel that is greater than the quantity required for that 6-month period under subsection (b). (2) Use of credits.--A person that generates credits under paragraph (1) may use the credits, hold the credits for later use, or transfer all or a portion of the credits to another person, for the purpose of complying with subsection (b). (3) Expiration of credits.--A credit generated under this subsection shall expire 2 years after the date on which the credit was generated. (4) Inability to purchase sufficient credits.--The regulations under paragraph (1) shall include provisions allowing a refiner, blender, or importer that is unable to purchase sufficient credits to meet the requirements of subsection (b) to enter into an enforceable agreement to generate or purchase sufficient credits to make up for any deficiency within a period of time specified in the agreement. (5) Testing; reports.--The regulations under paragraph (1) may include provisions requiring a refiner, blender, or importer-- (A) to conduct tests to ascertain the composition of fuels for the purpose of compliance with subsection (b); and (B) to submit to the Secretary periodic reports on the composition of the fuels refined, blended, or imported. (d) Civil Penalties and Enforcement.-- (1) Civil penalties.-- (A) In general.--The Secretary may impose against a person that fails to comply with subsection (b) or with a regulation under subsection (c) a civil penalty in the amount of-- (i) not more than $25,000 for each day of the failure to comply; plus (ii) the amount of economic benefit realized by the person as a result of the failure to comply. (B) Averaging period.--Any failure to comply with respect to a regulation under subsection (c) that establishes a regulatory requirement based on an averaging period shall constitute a separate day of failure of compliance for each day of the averaging period. (2) Enforcement.--The Secretary may bring a civil action in United States district court for-- (A) an order enjoining a failure to comply with subsection (b) or with a regulation under subsection (c); and (B) other appropriate relief.

Renewable Fuels for Energy Security Act of 2001 - Mandates that motor vehicle fuel introduced into commerce in calendar year 2002 and beyond be composed of specified percentages of renewable fuel.Prescribes procedural guidelines for: (1) adjustments to such percentages if the Secretary of Energy determines that an inadequate domestic supply or distribution capacity exists; and (2) a renewable fuel credit program.Empowers the Secretary to impose civil penalties and bring a civil action in Federal district court for non-compliance with this Act.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Keeping Public Lands Open Act''. SEC. 2. FINDINGS. Congress finds that-- (1) units of the National Park System, units of the National Forest System, units of the National Wildlife Refuge System, and other public land-- (A) are an integral part of the conservation heritage of the United States; (B) provide many recreational opportunities; and (C) support jobs and economic activity in communities across the United States, including in many rural areas; and (2) it is critical that the public have uninterrupted access to the national treasures referred to in paragraph (1). SEC. 3. AUTOMATIC CONTINUING APPROPRIATIONS FOR CERTAIN COVERED ACCOUNTS. (a) Definition of Covered Account.--In this section, the term ``covered account'' means each of the following appropriation accounts: (1) Within the Department of the Interior for the Fish and Wildlife Service, within the resource management appropriation, amounts made available for-- (A) the activities of the National Wildlife Refuge System; and (B) habitat conservation. (2) Within the Department of the Interior for the Fish and Wildlife Service, the appropriation for the Migratory Bird Conservation Account. (3) Within the Department of Agriculture for the Forest Service, within the National Forest System appropriation, amounts made available for-- (A) the activities of recreation, heritage, and wilderness; and (B) law enforcement operations. (4) Within the Department of the Interior for the Bureau of Land Management, within the management of land and resources appropriation, amounts made available for-- (A) the activities of recreation management, resource protection, and maintenance; and (B) the National Landscape Conservation System. (5) Within the Department of the Interior for the National Park Service, the appropriation for the operation of the National Park System. (6) Within the Department of the Interior for the Fish and Wildlife Service, the appropriation for the North American Wetlands Conservation Fund. (7) Within the Department of the Interior for the United States Fish and Wildlife Service, within the resource management appropriation, under the activity of general operations, the amounts made available for the National Fish and Wildlife Foundation. (8) Within the Department of the Interior for the United States Fish and Wildlife Service, the appropriation for land acquisition. (9) Within the Department of Agriculture for the Forest Service, the appropriation for land acquisition. (10) Within the Department of the Interior for the Bureau of Land Management, the appropriation for land acquisition. (11) Within the Department of the Interior for the National Park Service, the appropriation for land acquisition and State assistance. (b) Authorization for Continuing Appropriations.--If an appropriations measure for a covered account for a fiscal year is not enacted before the beginning of the applicable fiscal year and a joint resolution making continuing appropriations for the covered account is not in effect, such sums as may be necessary shall be made available without further appropriation to continue any program, project, or activity for which funds were provided from the covered account in the preceding fiscal year. (c) Amount of Appropriations and Funds.--Appropriations and funds made available under this section for a program, project, or activity funded by a covered account shall be in an amount equal to a pro rata amount of the annual funding provided for the program, project, or activity in the preceding appropriations Act or, in the absence of a regular appropriations Act, a joint resolution making continuing appropriations for the preceding fiscal year. (d) Availability of Amounts.--Appropriations and funds made available, and authority granted, under this section for a program, project, or activity funded by a covered account shall be available for the period beginning with the first day of a lapse in appropriations and ending on the date of enactment of the applicable appropriations Act or a joint resolution making continuing appropriations until the end of the fiscal year, whether or not the Act or resolution provides for the program, project, or activity. (e) Requirements.--Amounts made available, or authority granted, for a program, project, or activity funded by a covered account for any fiscal year under this Act shall be subject to-- (1) the terms and conditions imposed with respect to the program, project, or activity for the preceding fiscal year; and (2) the authority granted for the program, project, or activity funded by the covered account under applicable law. (f) Applicable Accounts.--Expenditures made for a program, project, or activity funded by a covered account for any fiscal year under this Act shall be charged to the applicable covered account on the date of enactment of an appropriations Act or a joint resolution making continuing appropriations until the end of a fiscal year that provides funds for the program, project, or activity for the applicable period. (g) Exclusions.--This section shall not apply to a program, project, or activity funded by a covered account during a fiscal year if any other provision of law (other than a change in authorization of appropriations)-- (1) makes an appropriation, makes funds available, or grants authority for the program, project, or activity to continue for the applicable period; or (2) specifically provides that no appropriation shall be made, no funds shall be made available, or no authority shall be granted for the program, project, or activity to continue for the applicable period.

Keeping Public Lands Open Act - Provides that if an appropriations measure for a covered account for a fiscal year is not enacted before the beginning of that fiscal year and a joint resolution making continuing appropriations for such account is not in effect, such sums as necessary shall be made available without further appropriation to continue any activity for which funds were provided from such account in the preceding fiscal year. Defines "covered account" to mean specified appropriation accounts of: (1) the Department of the Interior for the U.S. Fish and Wildlife Service, including amounts for activities of the National Wildlife Refuge System, habitat conservation, the Migratory Bird Conservation Account, the North American Wetlands Conservation Fund, the National Fish and Wildlife Foundation, and land acquisition; (2) the Department of the Interior for the Bureau of Land Management (BLM), including amounts for the National Landscape Conservation System, land acquisition, and the activities of recreation management, resource protection, and maintenance; (3) the Department of the Interior for the National Park Service, including amounts for land acquisition and state assistance; and (3) the Department of Agriculture (USDA) for the Forest Service, including amounts for land acquisition, law enforcement operations, and the activities of recreation, heritage, and wilderness.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Unsolved Civil Rights Crime Act''. SEC. 2. SENSE OF CONGRESS. It is the sense of Congress that all authorities with jurisdiction, including the Federal Bureau of Investigation and other entities within the Department of Justice, should-- (1) expeditiously investigate unsolved civil rights murders, due to the amount of time that has passed since the murders and the age of potential witnesses; and (2) provide all the resources necessary to ensure timely and thorough investigations in the cases involved. SEC. 3. DEFINITIONS. In this Act: (1) Chief.--The term ``Chief'' means the Chief of the Section. (2) Chief investigator.--The term ``Chief Investigator'' means the Chief Investigator of the Office. (3) Criminal civil rights statutes.--The term ``criminal civil rights statutes'' means-- (A) section 241 of title 18, United States Code (relating to conspiracy against rights); (B) section 242 of title 18, United States Code (relating to deprivation of rights under color of law); (C) section 245 of title 18, United States Code (relating to federally protected activities); (D) sections 1581 and 1584 of title 18, United States Code (relating to involuntary servitude and peonage); (E) section 901 of the Fair Housing Act (42 U.S.C. 3631); and (F) any other Federal law that-- (i) was in effect on or before December 31, 1969; and (ii) the Criminal Section of the Civil Rights Division of the Department of Justice enforced, prior to the date of enactment of this Act. (4) Office.--The term ``Office'' means the Unsolved Civil Rights Crime Investigative Office established under section 5. (5) Section.--The term ``Section'' (except when used as part of the term ``Criminal Section'') means the Unsolved Crimes Section established under section 4. SEC. 4. ESTABLISHMENT OF SECTION IN CIVIL RIGHTS DIVISION. (a) In General.--There is established in the Civil Rights Division of the Department of Justice an Unsolved Crimes Section. The Section shall be headed by a Chief of the Section. (b) Responsibility.-- (1) In general.--Notwithstanding any other provision of Federal law, and except as provided in section 5, the Chief shall be responsible for investigating and prosecuting violations of criminal civil rights statutes, in cases in which a complaint alleges that such a violation-- (A) occurred not later than December 31, 1969; and (B) resulted in a death. (2) Coordination.-- (A) Investigative activities.--In investigating a complaint under paragraph (1), the Chief shall coordinate investigative activities with State and local law enforcement officials. (B) Venue.--After investigating a complaint under paragraph (1), or receiving a report of an investigation conducted under section 5, if the Chief determines that an alleged practice that is a violation of a criminal civil rights statute occurred in a State, or political subdivision of a State, that has a State or local law prohibiting the practice alleged and establishing or authorizing a State or local law enforcement official to grant or seek relief from such practice or to institute criminal proceedings with respect to the practice on receiving notice of the practice, the Chief shall consult with the official regarding the appropriate venue for the case involved. (3) Referral.--After investigating a complaint under paragraph (1), or receiving a report of an investigation conducted under section 5, the Chief shall refer the complaint to the Criminal Section of the Civil Rights Division, if the Chief determines that the subject of the complaint has violated a criminal civil rights statute in the case involved but the violation does not meet the requirements of subparagraph (A) or (B) of paragraph (1). (c) Study and Report.-- (1) Study.--The Chief shall annually conduct a study of the cases under the jurisdiction of the Chief or under the jurisdiction of the Chief Investigator and, in conducting the study, shall determine the cases-- (A) for which the Chief has sufficient evidence to prosecute violations of criminal civil rights statutes; and (B) for which the Chief has insufficient evidence to prosecute those violations. (2) Report.--Not later than September 30 of 2006 and of each subsequent year, the Chief shall prepare and submit to Congress a report containing the results of the study conducted under paragraph (1), including a description of the cases described in paragraph (1)(B). (d) Authorization of Appropriations.-- (1) Authorization.--There is authorized to be appropriated to carry out this section $5,000,000 for fiscal year 2007 and each subsequent fiscal year. (2) Additional appropriations.--Any funds appropriated under this subsection shall consist of additional appropriations for the activities described in this section, rather than funds made available through reductions in the appropriations authorized for other enforcement activities of the Department of Justice. SEC. 5. ESTABLISHMENT OF OFFICE IN FEDERAL BUREAU OF INVESTIGATION. (a) In General.--There is established in the Civil Rights Unit of the Federal Bureau of Investigation of the Department of Justice an Unsolved Civil Rights Crime Investigative Office. The Office shall be headed by a Chief Investigator. (b) Responsibility.-- (1) In general.--In accordance with an agreement established between the Chief Investigator and the Chief, the Chief Investigator shall be responsible for investigating violations of criminal civil rights statutes, in cases described in section 4(b). (2) Coordination.-- (A) Investigative activities.--In investigating a complaint under paragraph (1), the Chief Investigator shall coordinate the investigative activities with State and local law enforcement officials. (B) Referral.--After investigating a complaint under paragraph (1), the Chief Investigator shall-- (i) determine whether the subject of the complaint has violated a criminal rights statute in the case involved; and (ii) refer the complaint to the Chief, together with a report containing the determination and the results of the investigation. (c) Authorization of Appropriations.-- (1) Authorization.--There is authorized to be appropriated to carry out this section $5,000,000 for fiscal year 2007 and each subsequent fiscal year. (2) Additional appropriations.--Any funds appropriated under this subsection shall consist of additional appropriations for the activities described in this section, rather than funds made available through reductions in the appropriations authorized for other enforcement activities of the Department of Justice. SEC. 6. COMMUNITY RELATIONS SERVICE OF THE DEPARTMENT OF JUSTICE. In addition to any amounts authorized to be appropriated under title XI of the Civil Rights Act of 1964 (42 U.S.C. 2000h et seq.), there are authorized to be appropriated to the Community Relations Service of the Department of Justice $1,500,000 for fiscal year 2007 and each subsequent fiscal year, to enable the Service (in carrying out the functions described in title X of such Act (42 U.S.C. 2000g et seq.)) to provide technical assistance by bringing together law enforcement agencies and communities in the investigation of violations of criminal civil rights statutes, in cases described in section 4(b).

Unsolved Civil Rights Crime Act - Establishes an Unsolved Crimes Section in the Civil Rights Division of the Department of Justice (DOJ) and an Unsolved Civil Rights Crime Investigative Office in the Civil Rights Unit of the Federal Bureau of Investigation (FBI). Requires the Chief of the Section (Chief) and the Chief Investigator of the Office to be responsible for investigating violations of criminal civil rights statutes in which the complaint alleges that such a violation occurred not later than December 31, 1969, and resulted in a death. Requires the Chief Investigator to refer complaints determined to have violated a criminal rights statute to the Chief, who shall be responsible for prosecuting such violations. Requires the Chief to: (1) consult with state or local officials regarding the appropriate venue for a case where there has been a violation of a criminal civil rights statute that is also a violation of a state or local law; and (2) refer cases to the Criminal Section of the Civil Rights Division if the Chief determines that the subject of the complaint has violated a criminal civil rights statute but the violation does not meet the requirements for the Unsolved Crimes Section. Requires the Chief, annually, to determine and report on the cases under his or her jurisdiction for which there is sufficient evidence to prosecute violations of criminal civil rights statutes. Authorizes additional appropriations to the Community Relations Service of DOJ to provide technical assistance by bringing together law enforcement agencies and communities in the investigation of criminal civil rights statutes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Benjamin Franklin Commemorative Coin Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) Benjamin Franklin made historic contributions to the development of our Nation in a number of fields: government, business, science, communications, and the arts. (2) Benjamin Franklin was the only Founding Father to sign all of our Nation's organizational documents. (3) Benjamin Franklin spent his career as a successful printer, which included printing the official currency for the colonies of Pennsylvania, Delaware, New Jersey and Maryland. (4) Franklin's ``Essay on Paper Currency'' of 1741 proposed methods to fix the rate of exchange between the colonies and Great Britain. (5) Benjamin Franklin, during the American Revolution, designed the first American coin, the ``Continental'' penny. (6) Franklin made ``A Penny Saved is A Penny Earned'' a household phrase to describe the American virtues of hard work and economical living. (7) Franklin played a major role in the design of the Great Seal of the United States, which appears on the One Dollar Bill and other major American symbols. (8) Before 1979, Benjamin Franklin was the only non-president of the United States whose image graced circulating coin and paper currency. (9) The official United States half dollar from 1948-1963 showed Franklin's portrait, as designed by John Sinnock. (10) Franklin's ``Way to Wealth'' has come to symbolize America's commitment to free enterprise. (11) The Franklin Institute Science Museum in Philadelphia houses the first steam printing machine for coinage, used by the United States Mint, which was placed in service in 1836, the 130th anniversary year of Franklin's birth. (12) In 1976, Franklin Hall in The Franklin Institute Science Museum in Philadelphia was named the Official National Monument to the great patriot, scientist and inventor. (13) The Franklin Institute and four other major Franklin- related Philadelphia cultural institutions joined hands in 2000 to organize international programs to commemorate the forthcoming 300th anniversary of Franklin's birth in 2006. (14) The Congress passed the Benjamin Franklin Tercentenary Act in 2002, creating a panel of distinguished Americans, with its Secretariat in Philadelphia, to work with the private sector in recommending appropriate Tercentenary programs. SEC. 3. COIN SPECIFICATIONS. (a) Denominations.--The Secretary of the Treasury (hereinafter in this Act referred to as the ``Secretary'') shall mint and issue the following coins: (1) $1 silver coins with younger franklin image on obverse.-- Not more than 250,000 $1 coins bearing the designs specified in section 4(a)(2), each of which shall-- (A) weigh 26.73 grams; (B) have a diameter of 1.500 inches; and (C) contain 90 percent silver and 10 percent copper. (2) $1 silver coins with older franklin image on obverse.--Not more than 250,000 $1 coins bearing the designs specified in section 4(a)(3), each of which shall-- (A) weigh 26.73 grams; (B) have a diameter of 1.500 inches; and (C) contain 90 percent silver and 10 percent copper. (b) Legal Tender.--The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic Items.--For purposes of section 5136 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. (d) Use of the United States Mint at Philadelphia, Pennsylvania.-- It is the sense of the Congress that the coins minted under this Act should be struck at the United States Mint at Philadelphia, Pennsylvania, to the greatest extent possible. SEC. 4. DESIGN OF COINS. (a) Design Requirements.-- (1) In general.--The design of the coins minted under this Act shall be emblematic of the life and legacy of Benjamin Franklin. (2) $1 coins with younger franklin image.-- (A) Obverse.--The obverse of the coins minted under section 3(a)(1) shall bear the image of Benjamin Franklin as a young man. (B) Reverse.--The reverse of the coins minted under section 3(a)(1) shall bear an image related to Benjamin Franklin's role as a patriot and a statesman. (3) $1 coins with older franklin image.-- (A) Obverse.--The obverse of the coins minted under section 3(a)(2) shall bear the image of Benjamin Franklin as an older man. (B) Reverse.--The reverse of the coins minted under section 3(a)(2) shall bear an image related to Benjamin Franklin's role in developing the early coins and currency of the new country. (4) Designation and inscriptions.--On each coin minted under this Act there shall be-- (A) a designation of the value of the coin; (B) an inscription of the year ``2006''; and (C) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. (b) Selection.--The design for the coins minted under this Act shall be-- (1) selected by the Secretary after consultation with the Commission of Fine Arts; and (2) reviewed by the Citizens Coinage Advisory Committee established under section 5135 of title 31, United States Code. SEC. 5. ISSUANCE OF COINS. (a) Quality of Coins.--Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Commencement of Issuance.--The Secretary may issue coins minted under this Act beginning January 1, 2006, except that the Secretary may initiate sales of such coins, without issuance, before such date. (c) Termination of Minting Authority.--No coins shall be minted under this Act after December 31, 2006. SEC. 6. SALE OF COINS. (a) Sale Price.--Notwithstanding any other provision of law, the coins issued under this Act shall be sold by the Secretary at a price equal to the face value, plus the cost of designing and issuing such coins (including labor, materials, dies, use of machinery, overhead expenses, and marketing). (b) Bulk Sales.--The Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (c) Prepaid Orders at a Discount.-- (1) In general.--The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. (2) Discount.--Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. (d) Sales of Single Coins and Sets of Coins.--Coins of each design specified under section 4 may be sold separately or as a set containing a coin of each such design. SEC. 7. SURCHARGES. (a) Surcharge Required.--All sales shall include a surcharge of $10 per coin. (b) Distribution.--Subject to section 5134(f) of title 31, United States Code, all surcharges which are received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary to the Franklin Institute for purposes of the Benjamin Franklin Tercentenary Commission. (c) Audits.--The Franklin Institute shall be subject to the audit requirements of section 5134(f)(2) of title 31, United States Code, with regard to the amounts received by the Institute pursuant to subsection (b). (d) Limitation.--Notwithstanding subsection (a), no surcharge may be included with respect to the issuance under this Act of any coin during a calendar year if, as of the time of such issuance, the issuance of such coin would result in the number of commemorative coin programs issued during such year to exceed the annual 2 commemorative coin program issuance limitation under section 5112(m)(1) of title 31, United States Code (as in effect on the date of the enactment of this Act). The Secretary of the Treasury may issue guidance to carry out this subsection. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Benjamin Franklin Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue one dollar coins emblematic of the life and legacy of Benjamin Franklin.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicaid Expansion Incentive Act of 2017''. SEC. 2. REDISTRIBUTION OF FEDERAL MEDICAID FUNDS TO STATES ELECTING TO MEET ACA MEDICAID EXPANSION REQUIREMENTS FROM STATES NOT SO ELECTING. (a) In General.--Section 1903 of the Social Security Act (42 U.S.C. 1396b) is amended by adding at the end the following new subsection: ``(aa) Bonus for States Electing To Meet ACA Medicaid Expansion Requirements From Funds Made Available by Other States Not Electing To Meet Those Requirements.-- ``(1) In general.--In the case of a participating State for a fiscal year as determined under paragraph (2), in accordance with regulations of the Secretary, the State shall be entitled to an increase in payments under its State plan under this title in an amount determined under paragraph (3) of the Secretary's estimate of the net reduction in Federal expenditures for nonparticipating States (including the amount of the additional Federal financial participation under this title that otherwise would have been paid to such States if they were participating States) during the fiscal year as a result of such States not applying the ACA Medicaid expansion requirements. ``(2) Notice regarding participation.-- ``(A) In general.--Before the beginning of each fiscal year (beginning with fiscal year 2018) each of the 50 States and the District of Columbia is requested to inform the Secretary, in a form and manner specified by the Secretary and accompanied by such assurances regarding State plan amendments as the Secretary may specify, if the State will be applying its State plan under this title for such fiscal year in accordance with the requirements specified in the amendments made by paragraphs (1) and (2) of section 2001(a) of the Patient Protection and Affordable Care Act (in this subsection referred to as the `ACA Medicaid expansion requirements'), which include requirements described in-- ``(i) section 1902(a)(10)(A)(I)(VIII); and ``(ii) section 1902(k). The Secretary shall not accept information submitted under this subparagraph for a fiscal year after the beginning of the fiscal year involved. ``(B) Determination of participating and nonparticipating states.--Taking into account the information submitted under subparagraph (A) for a fiscal year, the Secretary shall determine for the fiscal year which of the 50 States and the District of Columbia will be applying the ACA Medicaid expansion requirements for the fiscal year and which will not. For purposes of this subsection-- ``(i) each State or District determined to be applying such requirements for a fiscal year is referred to as a `participating State' for such fiscal year; and ``(ii) each State or District determined not to be applying such requirements for a fiscal year is referred to as a `nonparticipating State' for such fiscal year. ``(3) Amount of increase.--The Secretary shall compute the increase in payments under this subsection for a participating State for a fiscal year, to the extent of available funds, in accordance with a formula specified by the Secretary. Within the amount of available funds, such formula may take into account elements such as-- ``(A) increasing to 100 percent the FMAP for newly eligible mandatory individuals; ``(B) increasing the matching percentage for administrative costs attributable to application of ACA Medicaid expansion requirements; and ``(C) an increase in DSH allotments. ``(4) Publication of information on estimated impact of nonparticipation.--The Secretary shall publish for each nonparticipating State for each fiscal year-- ``(A) the amount of the additional Federal funds under this title for the fiscal year that the Secretary estimates the State has forgone as a result of its not being a participating State for such fiscal year; and ``(B) the number of additional beneficiaries that would have been covered under the State plan under this title in the fiscal year if the State had been a participating State for the fiscal year.''.

Medicaid Expansion Incentive Act of 2017 This bill amends title XIX (Medicaid) of the Social Security Act to provide additional federal Medicaid funding to states participating in Medicaid expansion under the Patient Protection and Affordable Care Act. The amount of additional funding shall be based upon the net reduction in federal funding for nonparticipating states. The Centers for Medicare & Medicaid Services must publish annually, with respect to each nonparticipating state: (1) the amount of federal funding forgone by the state as a result of its nonparticipation, and (2) the number of individuals who would have gained coverage had the state participated.

SECTION 1. SHORT TITLE. This Act may be cited as the ``North American-Made Energy Security Act''. SEC. 2. FINDINGS. Congress finds and declares the following: (1) The United States currently imports more than half of the oil it consumes, often from countries hostile to United States interests or with political and economic instability that compromises supply security. (2) While a significant portion of imports are derived from allies such as Canada and Mexico, the United States remains vulnerable to substantial supply disruptions created by geopolitical tumult in major producing nations. (3) Strong increases in oil consumption in the developing world outpace growth in conventional oil supplies, bringing tight market conditions and higher oil prices in periods of global economic expansion or when supplies are threatened. (4) The development and delivery of oil and gas from Canada to the United States is in the national interest of the United States in order to secure oil supplies to fill needs that are projected to otherwise be filled by increases in other foreign supplies, notably from the Middle East. (5) Continued development of North American energy resources, including Canadian oil, increases domestic refiners' access to stable and reliable sources of crude and improves certainty of fuel supply for the Department of Defense, the largest consumer of petroleum in the United States. (6) Canada and the United States have the world's largest two-way trading relationship. Therefore, for every United States dollar spent on products from Canada, including oil, 90 cents is returned to the United States economy. When the same metrics are applied to trading relationships with some other major sources of United States crude oil imports, returns are much lower. (7) The principal choice for Canadian oil exporters is between moving increasing crude oil volumes to the United States or Asia, led by China. Increased Canadian oil exports to China will result in increased United States crude oil imports from other foreign sources, especially the Middle East. (8) Increased Canadian crude oil imports into the United States correspondingly reduce the scale of ``wealth transfers'' to other more distant foreign sources resulting from the greater cost of importing crude oil from those sources. (9) Not only are United States companies major investors in Canadian oil sands, but many United States businesses throughout the country benefit from supplying goods and services required for ongoing Canadian oil sands operations and expansion. (10) There has been more than 2 years of consideration and a coordinated review by more than a dozen Federal agencies of the technical aspects and of the environmental, social, and economic impacts of the proposed pipeline project known as the Keystone XL from Hardisty, Alberta, to Steele City, Nebraska, and then on to the United States Gulf Coast through Cushing, Oklahoma. (11) Keystone XL represents a high capacity pipeline supply option that could meet early as well as long-term market demand for crude oil to United States refineries, and could also potentially bring over 100,000 barrels per day of United States Bakken crudes to market. (12) Completion of the Keystone XL pipeline would increase total Keystone pipeline capacity by 700,000 barrels per day to 1,290,000 barrels per day. (13) The Keystone XL pipeline would provide short-term and long-term employment opportunities and related labor income benefits, as well as government revenues associated with sales and payroll taxes. (14) The earliest possible construction of the Keystone XL pipeline will make the extensive proven and potential reserves of Canadian oil available for United States use and increase United States jobs and will therefore serve the national interest. (15) Analysis using the Environmental Protection Agency models shows that the Keystone XL pipeline will result in no significant change in total United States or global greenhouse gas emissions. (16) The Keystone XL pipeline would be state-of-the-art and have a degree of safety higher than any other typically constructed domestic oil pipeline system. (17) Because of the extensive governmental studies already made with respect to the Keystone XL project and the national interest in early delivery of Canadian oil to United States markets, a decision with respect to a Presidential Permit for the Keystone XL pipeline should be promptly issued without further administrative delay or impediment. SEC. 3. EXPEDITED APPROVAL PROCESS. (a) In General.--The President, acting through the Secretary of Energy, shall coordinate with each Federal agency responsible for coordinating or considering an aspect of the President's National Interest Determination and Presidential Permit decision regarding construction and operation of the Keystone XL pipeline, to ensure that all necessary actions with respect to such decision are taken on an expedited schedule. (b) Agency Cooperation With Secretary of Energy.--Each Federal agency described in subsection (a) shall comply with any deadline established by the Secretary of Energy pursuant to subsection (a). (c) Final Order.--Not later than 30 days after the issuance of the final environmental impact statement, the President shall issue a final order granting or denying the Presidential Permit for the Keystone XL pipeline, but in no event shall such decision be made later than November 1, 2011. (d) Environmental Review.--No action by the Secretary of Energy pursuant to this section shall affect any duty or responsibility to comply with any requirement to conduct environmental review. (e) Sense of Congress.--It is the sense of Congress that the United States must decrease its dependence on oil from countries which are hostile to the interests of the United States. Canada has long been a strong trading partner, and increased access to their energy resources will create jobs in the United States. Passed the House of Representatives July 26, 2011. Attest: KAREN L. HAAS, Clerk.

North American-Made Energy Security Act - Directs the President, acting through the Secretary of Energy (DOE), to coordinate with each federal agency responsible for coordinating or considering an aspect of the President's National Interest Determination and Presidential Permit decision regarding construction and operation of the Keystone XL pipeline (from Hardisty, Alberta, to Steele City, Nebraska, and then on to the U.S. Gulf Coast through Cushing, Oklahoma) to ensure that all necessary actions are taken on an expedited schedule. Requires each such agency to comply with any deadline the Secretary establishes. Directs the President, within 30 days after the final environmental impact statement, but not later than November 1, 2011, to issue a final order granting or denying the Presidential Permit for the Keystone XL pipeline. States that no action by the Secretary pursuant to this Act shall affect any duty or responsibility to comply with any requirement to conduct environmental review. Declares the sense of Congress that: (1) the United States must decrease its dependence on oil from countries hostile to its interests, and (2) increased access to Canadian energy resources will create jobs in the United States.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Cyber Security Information Act''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds the following: (1)(A) Many information technology computer systems, software programs, and similar facilities are vulnerable to attacks or misuse through the Internet, public or private telecommunications systems, or similar means. (B) The problem described in subparagraph (A) and resulting failures could incapacitate systems that are essential to the functioning of markets, commerce, consumer products, utilities, government, and safety and defense systems, in the United States and throughout the world. (C) Protecting, reprogramming, or replacing affected systems before the problem incapacitates essential systems is a matter of national and global interest. (2) The prompt, candid, and thorough, but secure and protected, disclosure and exchange of information related to the cybersecurity of entities, systems, and infrastructure-- (A) would greatly enhance the ability of public and private entities to improve their own cyber security; and (B) is therefore a matter of national importance and a vital factor in minimizing any potential cyber security related disruption to the Nation's economic well-being and security. (3) Concern about the potential for legal liability associated with the disclosure and exchange of cyber security information could unnecessarily impede the secure disclosure and protected exchange of such information. (4) The capability to securely disclose and engage in the protected exchange of information relating to cyber security, solutions, test practices and test results, without undue concern about inappropriate disclosure of that information, is critical to the ability of public and private entities to address cyber security needs in a timely manner. (5) The national interest will be served by uniform legal standards in connection with the secure disclosure and protected exchange of cyber security information that will promote appropriate disclosures and exchanges of such information in a timely fashion. (6) The ``National Plan for Information Systems Protection, Version 1.0, An Invitation to a Dialogue'', released by the President on January 7, 2000, calls for the Government to assist in seeking changes to applicable laws on ``Freedom of Information, liability, and antitrust where appropriate'' in order to foster industry-wide centers for information sharing and analysis. (b) Purposes.--Based upon the powers contained in article I, section 8, clause 3 of the Constitution of the United States, the purposes of this Act are-- (1) to promote the secure disclosure and protected exchange of information related to cyber security; (2) to assist private industry and government in effectively and rapidly responding to cyber security problems; (3) to lessen burdens on interstate commerce by establishing certain uniform legal principles in connection with the secure disclosure and protected exchange of information related to cyber security; and (4) to protect the legitimate users of cyber networks and systems, and to protect the privacy and confidence of shared information. SEC. 3. DEFINITIONS. In this Act: (1) Antitrust laws.--The term ``antitrust laws''-- (A) has the meaning given to it in subsection (a) of the first section of the Clayton Act (15 U.S.C. 12(a)), except that such term includes section 5 of the Federal Trade Commission Act (15 U.S.C. 45) to the extent such section 5 applies to unfair methods of competition; and (B) includes any State law similar to the laws referred to in subparagraph (A). (2) Critical infrastructure.--The term ``critical infrastructure'' means facilities or services so vital to the nation or its economy that their disruption, incapacity, or destruction would have a debilitating impact on the defense, security, long-term economic prosperity, or health or safety of the United States. (3) Cyber security.--The term ``cyber security'' means the vulnerability of any computing system, software program, or critical infrastructure to, or their ability to resist, intentional interference, compromise, or incapacitation through the misuse of, or by unauthorized means of, the Internet, public or private telecommunications systems, or other similar conduct that violates Federal, State, or international law, that harms interstate commerce of the United States, or that threatens public health or safety. (4) Cyber security internet website.--The term ``cyber security Internet website'' means an Internet website or other similar electronically accessible service, clearly designated on the website or service by the person or entity creating or controlling the content of the website or service as an area where cyber security statements are posted or otherwise made accessible to appropriate entities. (5) Cyber security statement.-- (A) In general.--The term ``cyber security statement'' means any communication or other conveyance of information by a party to another, in any form or medium including by means of a cyber security Internet website-- (i) concerning an assessment, projection, or estimate concerning the cyber security of that entity, its computer systems, its software programs, or similar facilities of its own; (ii) concerning plans, objectives, or timetables for implementing or verifying the cyber security thereof; (iii) concerning test plans, test dates, test results, or operational problems or solutions related to the cyber security thereof; or (iv) reviewing, commenting on, or otherwise directly or indirectly relating to the cyber security thereof. (B) Not included.--For the purposes of any action brought under the securities laws, as that term is defined in section 3(a)(47) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)(47)), the term ``cyber security statement'' does not include statements contained in any documents or materials filed with the Securities and Exchange Commission, or with Federal banking regulators, pursuant to section 12(i) of the Securities Exchange Act of 1934 (15 U.S.C. 781(i)), or disclosures or writing that when made accompanied the solicitation of an offer or sale of securities. SEC. 4. SPECIAL DATA GATHERING. (a) In General.--Any Federal entity, agency, or authority may expressly designate a request for the voluntary provision of information relating to cyber security, including cyber security statements, as a cyber security data gathering request made pursuant to this section. (b) Specifics.--A cyber security data gathering request made under this section-- (1) shall specify a Federal entity, agency, or authority, or, with its consent, another public or private entity, agency, or authority, to gather responses to the request; (2) shall be a request from a private entity, agency, or authority to a Federal entity, agency, or authority; or (3) shall be deemed to have been made and to have specified such a private entity, agency, or authority when the Federal entity, agency, or authority has voluntarily been given cyber security information gathered by that private entity, agency, or authority, including by means of a cyber security Internet website. (c) Protections.--Except with the express consent or permission of the provider of information described in paragraph (1), any cyber security statements or other such information provided by a party in response to a special cyber security data gathering request made under this section-- (1) shall be exempt from disclosure under section 552(a) of title 5, United States Code (commonly known as the ``Freedom of Information Act''), by all Federal entities, agencies, and authorities; (2) shall not be disclosed to or by any third party; and (3) may not be used by any Federal or State entity, agency, or authority or by any third party, directly or indirectly, in any civil action arising under any Federal or State law. (d) Exceptions.-- (1) Information obtained elsewhere.--Nothing in this section shall preclude a Federal entity, agency, or authority, or any third party, from separately obtaining the information submitted in response to a request under this section through the use of independent legal authorities, and using such separately obtained information in any action. (2) Public disclosure.--A restriction on use or disclosure of information under this section shall not apply to any information disclosed generally or broadly to the public with the express consent of the party. SEC. 5. ANTITRUST EXEMPTION. (a) Exemption.--Except as provided in subsection (b), the antitrust laws shall not apply to conduct engaged in, including making and implementing an agreement, solely for the purpose of and limited to-- (1) facilitating the correction or avoidance of a cyber security related problem; or (2) communicating or disclosing information to help correct or avoid the effects of a cyber security related problem. (b) Exception to Exemption.--Subsection (a) shall not apply with respect to conduct that involves or results in an agreement to boycott any person, to allocate a market, or to fix prices or output. SEC. 6. CYBER SECURITY WORKING GROUPS. (a) In General.-- (1) Working groups.--The President may establish and terminate working groups composed of Federal employees who will engage outside organizations in discussions to address cyber security, to share information related to cyber security, and otherwise to serve the purposes of this Act. (2) List of groups.--The President shall maintain and make available to the public a printed and electronic list of such working groups and a point of contact for each, together with an address, telephone number, and electronic mail address for such point of contact. (3) Balance.--The President shall seek to achieve a balance of participation and representation among the working groups. (4) Meetings.--Each meeting of a working group created under this section shall be announced in advance in accordance with procedures established by the President. (b) Federal Advisory Committee Act.--The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the working groups established under this section. (c) Private Right of Action.--This section creates no private right of action to sue for enforcement of any provision of this section.

Specifies that such a request shall: (1) specify an entity to gather responses to the request; (2) be from a private entity to a Federal entity; or (3) be deemed to have been made and to have specified such a private entity when the Federal entity has voluntarily been given cyber security information gathered by that private entity, including by means of a cyber security Internet website. Provides that a cyber security statement or other such information provided by a party in response to a request: (1) shall be exempt from disclosure under the Freedom of Information Act; (2) shall not be disclosed to or by any third party; and (3) may not be used by any Federal or State entity or by any third party in any civil action arising under Federal or State law. Makes exceptions regarding separately obtained information submitted in response to a request through the use of independent legal authorities and regarding information disclosed generally or broadly to the public with the express consent of the party. (Sec. 5) Makes the antitrust laws inapplicable to conduct engaged in solely for facilitating or communicating about the correction or avoidance of a cyber security related problem. Makes an exception with respect to conduct that involves or results in an agreement to boycott any person, to allocate a market, or to fix prices or output. (Sec. 6) Authorizes the President to establish working groups of Federal employees who will engage outside organizations in discussions to address cyber security and to share information related to cyber security.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Nuclear Waste Fund Relief and Rebate Act''. SEC. 2. CERTIFICATION OF COMMITMENT TO YUCCA MOUNTAIN. (a) In General.--Subtitle E of title I of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10172 et seq.) is amended by adding at the end the following: ``SEC. 162. CERTIFICATION OF COMMITMENT TO YUCCA MOUNTAIN SITE. ``(a) Definition of Defense Waste.--In this section, the term `defense waste' means-- ``(1) transuranic waste; ``(2) high-level radioactive waste; ``(3) spent nuclear fuel; ``(4) special nuclear materials; ``(5) greater-than-class C, low-level radioactive waste; and ``(6) any other waste arising from the production, storage, or maintenance of nuclear weapons (including components of nuclear weapons). ``(b) Certification of Commitment.--Not later than 30 days after the date of enactment of this section, the President shall publish in the Federal Register a notice that the President certifies that the Yucca Mountain site is the selected site for the development of a repository for the disposal of high-level radioactive waste and spent nuclear fuel, in accordance with section 160. ``(c) Failure To Publish Certification; Revocation of Certification.--If the President fails to publish the certification of the President in accordance with subsection (b), or if the President revokes the certification of the President after the date described in that subsection, not later than 1 year after the date described in subsection (b), or the date of revocation, as appropriate, and in accordance with subsection (d)-- ``(1) each entity that is required under section 302 to make a payment to the Secretary shall not be required to make any additional payment; and ``(2) each entity that has made a payment under section 302 shall receive from the Secretary of the Treasury, from amounts available in the Nuclear Waste Fund, an amount equal to the aggregate amount of the payments made by the entity (including interest on the aggregate amount of the payments) to the Secretary for deposit in the Nuclear Waste Fund. ``(d) Use of Returned Payments.-- ``(1) In general.--Subject to paragraph (2), of the aggregate amount of payments returned to an entity described in subsection (c)(2)-- ``(A) 75 percent shall be used by the entity to provide rebates to ratepayers of the entity; and ``(B) 25 percent shall be used by the entity to carry out upgrades to nuclear power facilities of the entity to enhance the storage and security of materials used to generate nuclear power. ``(2) Defense waste.--In the case of a payment required to be paid to an entity for the storage of defense waste, the Secretary shall use the amount required to be paid to the entity to meet the penalty payment obligation of the Secretary under subsection (e)(2) to the State in which the entity is located. ``(e) Disposition of Defense Waste.-- ``(1) In general.--Not later than January 1, 2017, the Secretary shall initiate the transportation of defense waste from each State in which defense waste is located to the Yucca Mountain site. ``(2) Penalty.-- ``(A) In general.--Subject to subparagraph (B), if the Secretary fails to initiate the transportation of defense waste in accordance with paragraph (1), the Secretary shall pay to each State in which defense waste is located $1,000,000 for each day that the defense waste is located in the State until the date on which the Secretary initiates the transportation of the defense waste under paragraph (1). ``(B) Maximum amount.--Subject to subsection (c)(2), for each calendar year, the Secretary shall not pay to any State described in subparagraph (A) an amount greater than $100,000,000. ``(C) Required use of payments.--A State that receives amounts through a payment from the Secretary under this paragraph shall use the amounts-- ``(i) to help offset the loss in community investments that results from the continued storage of defense waste in the State; and ``(ii) to help mitigate the public health risks that result from the continued storage of defense waste in the State. ``(f) Determination by Commission To Grant or Amend Licenses.--In determining whether to grant or amend any license to operate any civilian nuclear power reactor, or high-level radioactive waste or spent fuel storage or treatment facility, under the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.), the responsibilities of the President and the Secretary described in this subtitle shall be considered to be sufficient and independent grounds for the Commission to determine the existence of reasonable assurances that spent nuclear fuel and high- level radioactive waste would be disposed of safely and in a timely manner by the entity that is the subject of the determination. ``(g) Effects.-- ``(1) Termination of payment requirement; acceptance of returned payments.--With respect to an entity that receives a benefit under paragraph (1) or (2) of subsection (c)-- ``(A) the entity shall not be considered by the Commission to be in violation under section 302(b); and ``(B) the Commission shall not refuse to take any action with respect to a current or prospective license of the entity on the grounds that the entity has cancelled or rescinded a contract to which the entity is a party as the result of-- ``(i) the failure by the entity to make a payment to the Secretary under section 302; or ``(ii) the acceptance by the entity of amounts described in subsection (c)(2). ``(2) Disposition of waste.--Nothing in this section affects the responsibility of the Federal Government under any Act (including regulations) with respect to the ultimate disposition of high-level radioactive waste and spent nuclear fuel.''. (b) Conforming Amendment.--The table of contents of the Nuclear Waste Policy Act of 1982 (42 U.S.C. prec. 10101) is amended by adding at the end of the items relating to subtitle E of title I the following: ``Sec. 162. Certification of commitment to Yucca Mountain site.''.

Nuclear Waste Fund Relief and Rebate Act - Amends the Nuclear Waste Policy Act of 1982 to direct the President to publish in the Federal Register a notice certifying that the Yucca Mountain site (Nevada) is the selected site for the development of a repository for the disposal of high-level radioactive radioactive waste and spent nuclear fuel. Declares that, if the President fails to publish the certification or revokes it, each entity: (1) that is required to make a payment to the Nuclear Waste Fund shall not be required to make any additional payment; and (2) that has made a payment shall receive a refund, 75% of which shall be used for rebates to the entity's ratepayers, and 25% shall be used to carry out upgrades to the entity's nuclear power facilities to enhance the storage and security of materials used to generate nuclear power. Requires the Secretary of Energy to initiate by January 1, 2017, the transportation to the Yucca Mountain site of defense waste from each state in which it is located. Imposes penalties on the Secretary for failure to initiate such transportation.

SECTION 1. FINDINGS. The Congress finds the following: (1) In 1960, the Supreme Court ruled in Boynton v. Virginia that segregated bus and rail stations were unconstitutional. (2) The rigid system of racial segregation that prevailed in the United States during the 1960s did not permit a Black person to sit next to a White person on any bus traveling through interstate commerce and in most locations in the South. Bus stations had ``Whites Only'' waiting areas and Blacks were not permitted to wait in those areas despite the Supreme Court making it the law of the land. (3) The Freedom Riders, with the intent to end segregation in public transportation throughout the South, paved the way for full racial integration of the United States transit system. They overcame prejudice, discrimination, and violence. They sparked a movement that changed our Nation. (4) The Congress of Racial Equality (C.O.R.E.) selected thirteen volunteers for nonviolent response training to join in the Freedom Rides from Washington, DC, to New Orleans, LA. The Freedom Riders used their strategies of nonviolence throughout the South to challenge the region's Jim Crow laws directly and enforce the Supreme Court decision in Boynton. (5) On the morning of May 4, 1961, the Freedom Riders, comprised of seven Blacks and six Whites, boarded two buses, with Blacks and Whites seated together. Those thirteen Freedom Riders were: Genevieve Hughes Houghton, Charles Person, Hank Thomas, John Lewis, Edward Blankenheim, James Farmer, Walter Bergman, Frances Bergman, Joseph Perkins, Jimmy McDonald, Mae Francis Moultrie, Benjamin Elton Cox, and Albert Bigelow. Most segregated States considered even this level of integration a crime. At various stops along the way, the Freedom Riders would enter areas designated ``Whites'' and ``Colored'' and would eat together at segregated lunch counters to defy local laws. (6) Initially, the Freedom Riders had encountered only minor clashes until a stop in South Carolina. In Rock Hill, an angry mob severely beat John Lewis, now a Congressman from the 5th District of Georgia, when he entered the bus station. Henry ``Hank'' Thomas was jailed when he entered the bus station in Winnsboro. Authorities delivered him to a waiting mob long after the station had closed that evening. A local Black minister rescued Thomas, enabling him to rejoin the group in Columbia. However, Lewis was so badly beaten he could not continue the Freedom Rides. (7) Dr. Martin Luther King, Jr., and other civil rights leaders met with the group in Atlanta to dissuade their continuance through the Deep South due to death threats. Despite these warnings, more Freedom Riders joined in Atlanta. Dedicated to their mission to end segregation in the South and trained in nonviolent movements, the Freedom Riders continued on their journey. (8) On Mother's Day, May 14, 1961, the Freedom Riders were on two different buses. An angry mob in Anniston, Alabama, firebombed the first bus. When the Freedom Riders rushed out, still choking from the thick smoke of the burning bus, the waiting angry mob beat them with lead pipes and baseball bats as the bus exploded. Ambulances refused to transport the Black Freedom Riders to the hospital. The mob beat the Freedom Riders on the second bus and forced them to sit in the back. As they journeyed to Birmingham, another mob savagely beat the Freedom Riders. (9) The Nashville (TN) Student Group, a local group of students who had been successful in desegregating the lunch counters and movie theaters in Nashville (TN), vowed not to let these acts of violence curtail the goal of the Freedom Rides. They sent their members to continue the Freedom Rides and called out to other student groups to do the same. (10) As the violence grew, the Attorney General of the United States called in the National Guard and the U.S. Marshals to protect the Freedom Riders as they journeyed through Alabama. This protection was short-lived. The Federal authorities turned the Freedom Riders over to the local authorities in Mississippi who then arrested the Freedom Riders for disturbing the peace. (11) The government of Mississippi imprisoned many of the Freedom Riders in Parchman Prison known for its horrific conditions, such as subjecting the Freedom Riders to strip searches, work on chain gangs, and light shining in their cells 24 hours a day. Despite these conditions, the Freedom Riders refused bail because they were determined to spread the message of their nonviolent movement. (12) Five months after the first Freedom Rides left on their historic ride, the Interstate Commerce Commission in conjunction with the U.S. Attorney General Robert Kennedy issued a Federal order banning segregation at all interstate public facilities based upon ``race, color or creed''. The law became effective on November 1, 1961. (13) In 2011, the President of the United States paid tribute to the Freedom Riders with a Presidential Proclamation honoring the 50th Anniversary of the first Freedom Ride by brave Americans whose selfless act of courage helped pave the way for others to continue on the road to Civil Rights in America. SEC. 2. CONGRESSIONAL GOLD MEDAL. (a) Presentation Authorization.--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, of a gold medal of appropriate design to the Freedom Riders, collectively, in recognition of their unique contribution to Civil Rights, which inspired a revolutionary movement to equality in interstate travel. (b) Design and Striking.--For the purposes of the award 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. (c) Smithsonian Institution.-- (1) In general.--Following the award of the gold medal under subsection (a), the gold medal shall be given to the Smithsonian Institution, where it will be available for display as appropriate and available for research. (2) Sense of the congress.--It is the sense of the Congress that the Smithsonian Institution should make the gold medal awarded pursuant to this Act available for display elsewhere, particularly at appropriate locations associated with the Freedom Riders. SEC. 3. DUPLICATE MEDALS. The Secretary may strike and sell duplicates in bronze of the gold medal struck pursuant to section 2 under such regulations as the Secretary may prescribe, at a price sufficient to cover the cost thereof, including labor, materials, dies, use of machinery, and overhead expenses, and the cost of the gold medal. SEC. 4. NATIONAL MEDALS. Medals struck pursuant to this Act are national medals for the purposes of chapter 51 of title 31, United States Code.

Directs the Speaker of the House of Representatives and the President pro tempore of the Senate to arrange for the presentation, on behalf of Congress, of a gold medal to the Freedom Riders in recognition of their contribution to civil rights, which inspired a movement to equality in interstate travel. Requires such medal to be given to the Smithsonian Institution, where it will be available for display and research. Expresses the sense of Congress that the medal should be made available for display elsewhere, particularly at locations associated with the Freedom Riders.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Dry-Redwater Regional Water Authority System Act of 2008''. SEC. 2. FINDINGS; PURPOSE. (a) Findings.--Congress finds that-- (1) there are insufficient available supplies of safe water to meet the minimum health and safety standards of the citizens of-- (A) Dawson, Garfield, McCone, Prairie, and Richland Counties of the State; and (B) McKenzie County, North Dakota; (2) McCone and Garfield Counties of the State were-- (A) directly and physically impacted when the Fort Peck Dam was constructed; and (B) to receive certain impact benefits as a result of the Pick-Sloan program; and (3) the water that is contained in the Fort Peck Dam reservoir is managed for purposes relating to-- (A) flood control; (B) the production of hydroelectric power; (C) irrigation; (D) the maintenance of a public water supply; (E) the conservation of fish and wildlife; (F) recreation; and (G) the improvement of water quality. (b) Purpose.--The purpose of this Act is to ensure a safe and adequate municipal, rural, and industrial water supply for the citizens of-- (1) Dawson, Garfield, McCone, Prairie, and Richland Counties of the State; and (2) McKenzie County, North Dakota. SEC. 3. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Western Area Power Administration. (2) Authority.--The term ``Authority'' means-- (A) the Dry-Redwater Regional Water Authority, which is a publicly owned nonprofit water authority formed in accordance with Mont. Code Ann. Sec. 75-6- 302 (2007); and (B) any nonprofit successor entity. (3) Firm power rate.--The term ``firm power rate'' means the rate charged by the Administrator for the Pick-Sloan Missouri Basin Program--Eastern Division. (4) Pick-sloan program.--The term ``Pick-Sloan program'' means the Pick-Sloan Missouri River Basin Program (authorized by section 9 of the Act of December 22, 1944 (commonly known as the ``Flood Control Act of 1944'') (58 Stat. 891, chapter 665)). (5) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (6) State.--The term ``State'' means the State of Montana. (7) Water system.--The term ``Water System'' means the Dry- Redwater Regional Water Authority System authorized under section 4 for-- (A) Dawson, Garfield, McCone, Prairie, and Richland Counties of the State; and (B) McKenzie County, North Dakota. SEC. 4. DRY-REDWATER REGIONAL WATER AUTHORITY SYSTEM. (a) Cooperative Agreement.-- (1) In general.--The Secretary shall enter into a cooperative agreement with the Authority to provide Federal assistance for the planning, design, and construction of the Water System. (2) Requirements.--A cooperative agreement entered into under paragraph (1) shall specify, in a manner that is acceptable to the Secretary and the Authority-- (A) the responsibilities of each party to the cooperative agreement relating to the Water System, including-- (i) the final engineering report; (ii) an environmental and cultural resource study; (iii) engineering and design; (iv) construction; (v) water conservation measures; and (vi) administration of contracts relating to the performance of the activities described in clauses (i) through (v); (B) any procedure or requirement relating to-- (i) the carrying out of each activity described in subparagraph (A); and (ii) the approval and acceptance of the design and construction of the Water System; and (C) the rights, responsibilities, and liabilities of each party to the cooperative agreement. (b) Use of Federal Funds.-- (1) Federal share.-- (A) In general.--The Federal share of the costs relating to the planning, design, and construction of the Water System shall not exceed 75 percent of the total cost of the Water System. (B) Limitation.--Amounts made available under subparagraph (A) shall not be returnable or reimbursable under the reclamation laws. (2) Compliance with cooperative agreement.--Federal funds made available to carry out this section shall be obligated and expended in accordance with a cooperative agreement entered into by the Secretary under subsection (a)(1). (c) Components.--Components of the Water System facilities for which Federal funds may be obligated and expended under this section shall include-- (1) facilities relating to-- (A) water intake; (B) water pumping; (C) water treatment; and (D) water storage; (2) transmission pipelines and pumping stations; (3) appurtenant buildings, maintenance equipment, and access roads; (4) any interconnection facility that connects a pipeline of the Water System to a pipeline of a public water system; (5) distribution, pumping, and storage facilities that-- (A) serve the needs of citizens who use public water systems; (B) are in existence on the date of enactment of this Act; and (C) may be purchased, improved, and repaired in accordance with a cooperative agreement entered into by the Secretary under subsection (a)(1); (6) electrical power transmission and distribution facilities required for the operation and maintenance of the Water System; (7) any other facility or service required for the development of a rural water distribution system, as determined by the Secretary; and (8) any property or property right required for the construction or operation of a facility described in this subsection. (d) Service Area.--The service area of the Water System shall be-- (1) the area of Garfield and McCone Counties in the State; (2) the area west of the Yellowstone River in Dawson and Richland Counties in the State; (3) the area including, and north of, Township 15N in Prairie County in the State; and (4) the portion of McKenzie County, North Dakota, that includes all land that is located west of the Yellowstone River in the State of North Dakota. (e) Limitation on Availability of Construction Funds.--The Secretary shall not obligate funds for construction of the Water System until the date-- (1) on which the Water System complies with each requirement under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); (2) that is 90 days after the date of receipt by Congress of the final engineering report described in subsection (a)(2)(A)(i) that is approved by the Secretary; and (3) on which the Secretary publishes a written finding that the water conservation plan developed pursuant to section 6 contains water conservation measures for the operation of the Water System that are-- (A) prudent; (B) reasonable; and (C) economically and financially feasible. (f) Limitation on Use of Federal Funds.-- (1) In general.--Any cost relating to the operation, maintenance, or replacement of the Water System-- (A) shall not be a Federal responsibility; and (B) shall be paid by the Water System. (2) Federal funds.--The Secretary shall not obligate or expend Federal funds for the operation, maintenance, or replacement of the Water System. (g) Title to the Water System.--Title to the Water System shall be held by the Authority. SEC. 5. USE OF POWER FROM PICK-SLOAN PROGRAM. (a) Findings.--Congress finds that McCone and Garfield Counties in the State were designated-- (1) as impact counties during the period in which the Fort Peck Dam was constructed; and (2) to receive impact mitigation benefits in accordance with the Pick-Sloan program. (b) Availability of Power.-- (1) In general.--Subject to paragraph (2), the Administrator shall make available to the Water System a quantity of power required to meet the pumping and incidental operation requirements of the Water System-- (A) from the water intake facilities; and (B) through-- (i) the water treatment facilities; and (ii) all first water distribution pumping facilities. (2) Eligibility.--The Water System shall be eligible to receive power under paragraph (1) if the Water System-- (A) operates on a not-for-profit basis; and (B) is constructed pursuant to a cooperative agreement entered into by the Secretary under section 4(a)(1). (3) Rate.--The Administrator shall establish the cost of the power described in paragraph (1) at the firm power rate. (4) Recovery of expenses.--The Administrator shall recover the costs associated with the quantity of power used by the Authority under paragraph (1). (5) Responsibility for expenses.--The Authority shall be responsible for the payment of the costs described in paragraph (4). SEC. 6. WATER CONSERVATION PLAN. (a) In General.--The Authority shall develop a water conservation plan containing-- (1) a description of water conservation objectives; (2) a description of appropriate water conservation measures; and (3) a time schedule for carrying out the measures described in paragraph (2) and this Act to meet the water conservation objectives described in paragraph (1). (b) Design Requirement.--The water conservation plan developed under subsection (a) shall be designed to ensure that users of water provided by the Water System will use the best practical technology and management techniques to conserve water. (c) Public Participation.--Section 210(c) of the Reclamation Reform Act of 1982 (43 U.S.C. 390jj(c)) shall apply to each activity carried out under this Act. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. (a) Water System.--There is authorized to be appropriated to carry out the planning, design, and construction of the Water System $115,116,000 for the period of fiscal years 2009 through 2019. (b) Cost Indexing.--The amount authorized to be appropriated under subsection (a) may be increased or decreased in accordance with ordinary fluctuations in development costs incurred after January 1, 2008, as indicated by any available engineering cost indices applicable to construction activities that are similar to the construction of the Water System.

Dry-Redwater Regional Water Authority System Act of 2008 - Directs the Secretary of the Interior to enter into a cooperative agreement to provide federal assistance for the planning, design, and construction of the Dry-Redwater Regional Water Authority System for specified counties in Montana and North Dakota. Lists agreement requirements. Limits the federal share of planning, design, and construction of the System to 75% of the total cost. Delineates the components of System facilities for which federal funds may be expended and the System's service area. Limits the obligation of funds for construction. Provides that any cost relating to the System's operation, maintenance, or replacement shall not be a federal responsibility and shall be paid by the System. Directs the Administrator of the Western Area Power Administration to make available to the System a quantity of power required to meet the System's pumping and incidental operation requirements from the water intake facilities and through the water treatment facilities and all first water distribution pumping facilities. Makes the System eligible to receive power only if it operates on a nonprofit basis and is constructed pursuant to the agreement. Directs the Authority to develop a water conservation plan containing a description of water conservation objectives and measures and a schedule for carrying out such measures. Requires the plan to be designed to ensure that users of water provided by the System will use the best practical technology and management techniques to conserve water.

SECTION 1. CARRYOVER OF UNUSED BENEFITS FROM HEALTH FLEXIBLE SPENDING ARRANGEMENTS. (a) In General.--Section 125 of the Internal Revenue Code of 1986 (relating to cafeteria plans) is amended by redesignating subsections (h) and (i) as subsections (i) and (j), respectively, and by inserting after subsection (g) the following new subsection: ``(h) Allowance of Carryovers of Unused Funds to Subsequent Taxable Years.-- ``(1) In general.--For purposes of this title-- ``(A) a plan or other arrangement shall not fail to be treated as a cafeteria plan or health flexible spending arrangement, and ``(B) no amount shall be required to be included in gross income by reason of this section or any other provision of this chapter, solely because under such plan or other arrangement any amounts elected for reimbursement of eligible medical care expenses under a health flexible spending arrangement which are unused during a plan year may be carried forward to one or more succeeding plan years. ``(2) Amounts included in gross income.--Any carryover amount described in subsection (h)(1) shall be included in gross income for purposes of Federal withholding and employment tax purposes, including FICA taxes. Any amount carried over under this subparagraph shall be treated as wages for the taxable year in which the amounts were determined to be carry over amounts as described in subsection (h)(1). ``(3) Treatment of and limitation on rollover amounts.-- Amounts carried over under subparagraph (h)(1) shall be limited as follows: ``(A) Amounts carried forward pursuant to subsection (h)(1) shall be limited to $2,000 per plan year (as indexed for future years by the cost of living adjustment determined under section 1(f)(3)). Any unused amounts during any plan year in excess of this amount shall be forfeited and shall be treated in accordance with the applicable regulations issued under section 125. ``(B) Amounts carried forward pursuant to subsection (h)(1) shall be used only for reimbursement of Qualified Medical Care Expenses defined in subsection (h)(5) below. ``(C) The employer may invest such carryover amounts in guaranteed principle and interest investments which provide 100 percent liquidity within the account. ``(4) Forfeitures for terminating participants permitted.-- Nothing in this subsection shall preclude the application of the requirement set forth in the regulations promulgated under section 125 that participants who terminate participation prior to the end of the plan year must forfeit any health flexible spending arrangement account balance provided such amounts do not consist of carry over amounts described in subsection (h)(1). ``(5) Qualified medical expenses.-- ``(A) In general.--The term `qualified medical expenses' means, with respect to subsection (h)(3) above, amounts paid for medical care (as defined in section 213(d)) for such individual, the spouse of such individual, and any dependent (as defined in section 152) of such individual, but only to the extent such amounts are not compensated for by insurance or otherwise. ``(B) Health insurance expenses.-- ``(i) In general.--Subparagraph (A) shall not apply to any payment for coverage under a group health plan of an employer of the health flexible spending arrangement participant or the spouse of the participant. ``(ii) Exceptions.--Clause (A) shall not apply to any expense for coverage under-- ``(I) a group health plan during any period of continuation coverage required under any Federal law, ``(II) a qualified long-term care insurance contract (as defined in section 7702B(b)), ``(III) a Medicare supplemental policy under section 1882 of the Social Security Act, or ``(IV) an individual health insurance policy. ``(6) Carryover amounts to be expended after health flexible spending arrangement contribution.--All Qualified Medical Care Expenses defined in subsection (h)(5)(A) that are submitted for reimbursement must be reimbursed first from amounts in the participant's health care flexible spending arrangement that do not constitute carryover amounts described in subsection (h)(1), to the extent such amounts may be reimbursed from the portion of the health flexible spending arrangement that does not consist of carryover amounts pursuant to rules set forth in the regulations promulgated under section 125 relative to health flexible spending arrangements. ``(7) Treatment of carryover amounts following termination of employment or other loss of eligibility.--Upon a termination of employment or other loss of eligibility under the health care flexible spending arrangement, the Employer must provide for one or more of the following methods of distribution of a Participant's accumulated carryover amount plus interest earned and allocated to such Participant pursuant to subsection (h)(3)(C): ``(A) The Participant's accumulated carryover amount, including any interest earned and allocated to such health care spending arrangement balance pursuant to (h)(3)(C), may be retained by the Employer to be used to reimburse Qualifying Medical Care Expenses of the former participant and the former employee's spouse or dependents incurred after the date of termination; ``(B) The carryover amount calculated as of the day of the termination of employment or other loss of eligibility may be transferred to the subsequent employer to be used by the former participant in a manner consistent with the rule of this subsection (h), provided the subsequent employer provides a similar arrangement and agrees in writing; or ``(C) The employer may distribute the carryover amount, including any interest earned and allocated to such account pursuant to subsection (h)(3)(C), to any appropriate vehicle as defined by the Department of Treasury in regulations or to the participant in cash. If carryover amounts are received in cash, the interest earned and allocated to such participant pursuant to subsection (h)(3)(C) shall be treated as ordinary income for purposes of Federal tax purposes. The employer must offer at least one of the options set forth above; however, nothing in this subsection requires the employer to offer more than one option. If the employer offers more than one of the options listed above, the employee must choose the applicable option within 60 days of the date of termination of employment or loss of eligibility. Should no election be made, the funds will revert to the employer consistent with Federal regulations. If the termination of employment or loss of eligibility is a result of the participant's death, the surviving spouse, or dependents, if no surviving spouse, will receive the participant's carry over funds in a manner consistent with (h)(7)(C).''. (b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2001.

Amends the Internal Revenue Code to allow the limited (up to $2,000 annually) carryover of unused benefits from health flexible spending arrangements to subsequent taxable years to be used for the reimbursement of future medical expenses.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Oregon Coastal Land Act''. SEC. 2. DEFINITIONS. In this Act: (1) Confederated tribes.--The term ``Confederated Tribes'' means the Confederated Tribes of Coos, Lower Umpqua, and Siuslaw Indians. (2) Oregon coastal land.--The term ``Oregon Coastal land'' means the approximately 14,408 acres of land, as generally depicted on the map entitled ``Oregon Coastal Land Conveyance'' and dated March 27, 2013. (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 3. CONVEYANCE. (a) In General.--Subject to valid existing rights, including rights-of-way, all right, title, and interest of the United States in and to the Oregon Coastal land, including any improvements located on the land, appurtenances to the land, and minerals on or in the land, including oil and gas, shall be-- (1) held in trust by the United States for the benefit of the Confederated Tribes; and (2) part of the reservation of the Confederated Tribes. (b) Survey.--Not later than 1 year after the date of enactment of this Act, the Secretary shall complete a survey of the boundary lines to establish the boundaries of the land taken into trust under subsection (a). SEC. 4. MAP AND LEGAL DESCRIPTION. (a) In General.--As soon as practicable after the date of enactment of this Act, the Secretary shall file a map and legal description of the Oregon Coastal land with-- (1) the Committee on Energy and Natural Resources of the Senate; and (2) the Committee on Natural Resources of the House of Representatives. (b) Force and Effect.--The map and legal description filed under subsection (a) shall have the same force and effect as if included in this Act, except that the Secretary may correct any clerical or typographical errors in the map or legal description. (c) Public Availability.--The map and legal description filed under subsection (a) shall be on file and available for public inspection in the Office of the Secretary. SEC. 5. ADMINISTRATION. (a) In General.--Unless expressly provided in this Act, nothing in this Act affects any right or claim of the Confederated Tribes existing on the date of enactment of this Act to any land or interest in land. (b) Prohibitions.-- (1) Exports of unprocessed logs.--Federal law (including regulations) relating to the export of unprocessed logs harvested from Federal land shall apply to any unprocessed logs that are harvested from the Oregon Coastal land taken into trust under section 3. (2) Non-permissible use of land.--Any real property taken into trust under section 3 shall not be eligible, or used, for any gaming activity carried out under Public Law 100-497 (25 U.S.C. 2701 et seq.). (c) Laws Applicable to Commercial Forestry Activity.--Any commercial forestry activity that is carried out on the Oregon Coastal land taken into trust under section 3 shall be managed in accordance with all applicable Federal laws. (d) Agreements.--The Confederated Tribes shall consult with the Secretary and other parties as necessary to develop agreements to provide for access to the Oregon Coastal land taken into trust under section 3 that provide for-- (1) honoring existing reciprocal right-of-way agreements; (2) administrative access by the Bureau of Land Management; and (3) management of the Oregon Coastal land that are acquired or developed under chapter 2003 of title 54, United States Code, consistent with section 200305(f)(3) of title 54, United States Code. (e) Land Use Planning Requirements.--Except as provided in subsection (c), once the Oregon Coastal land is taken into trust under section 3, the land shall not be subject to the land use planning requirements of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.) or the Act of August 28, 1937 (43 U.S.C. 1181a et seq.). SEC. 6. LAND RECLASSIFICATION. (a) Identification of Oregon and California Railroad Grant Land.-- Not later than 180 days after the date of enactment of this Act, the Secretary of Agriculture and the Secretary shall identify any Oregon and California Railroad grant land that is held in trust by the United States for the benefit of the Confederated Tribes under section 3. (b) Identification of Public Domain Land.--Not later than 18 months after the date of enactment of this Act, the Secretary shall identify public domain land in the State of Oregon that-- (1) is approximately equal in acreage and condition as the Oregon and California Railroad grant land identified under subsection (a); and (2) is located in the vicinity of the Oregon and California Railroad grant land. (c) Maps.--Not later than 2 years after the date of enactment of this Act, the Secretary shall submit to Congress and publish in the Federal Register 1 or more maps depicting the land identified in subsections (a) and (b). (d) Reclassification.-- (1) In general.--After providing an opportunity for public comment, the Secretary shall reclassify the land identified in subsection (b) as Oregon and California Railroad grant land. (2) Applicability.--The Act of August 28, 1937 (43 U.S.C. 1181a et seq.), shall apply to land reclassified as Oregon and California Railroad grant land under paragraph (1).

Oregon Coastal Land Act Requires all interest of the United States in approximately 14,408 acres of land (Oregon Coastal land) to be held in trust for, and to be part of the reservation of, the Confederated Tribes of Coos, Lower Umpqua, and Siuslaw Indians (Tribes). Applies federal law relating to the export of unprocessed logs harvested from federal land to any unprocessed logs harvested from such land. Prohibits gaming on such land. Requires commercial forestry activity on such land to be managed in accordance with applicable federal laws. Exempts such land from the land use planning requirements of the Federal Land Policy and Management Act of 1976. Directs the Tribes to consult with the Department of the Interior and other parties to develop agreements to provide for access to such land that provide for: (1) honoring existing reciprocal right-of-way agreements, (2) administrative access by the Bureau of Land Management, and (3) management of any such land acquired or developed under the Land and Water Conservation Fund. Directs the Department of Agriculture and Interior to identify any land conveyed under this Act that is Oregon and California Railroad grant land. Directs Interior to: (1) identify public domain land in Oregon that is approximately equal in acreage and condition to such Oregon and California Railroad grant land, and (2) reclassify the public domain land as Oregon and California Railroad grant land.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Boating Occupancy and Teaching Safety Act'' or the ``BOATS Act''. SEC. 2. DEFINITIONS. In this Act: (1) Flying bridge.--The term ``flying bridge'' means an open deck above the main navigating bridge of a recreational vessel. (2) Passenger.--The term ``passenger'' includes any individual aboard a vessel. (3) Recreational vessel.-- (A) In general.--The term ``recreational vessel'' means any vessel of greater than 20 feet and less than 45 feet overall in length, that is-- (i) manufactured or used primarily for pleasure; or (ii) leased, rented, or chartered to a person for the pleasure of that person. (B) Exclusion.--The term ``recreational vessel'' does not include a vessel that-- (i) is subject to Coast Guard inspection; (ii) is constructed before January 1, 2016; and (iii)(I) is engaged in commercial use; or (II) carries paying passengers. SEC. 3. CAPACITY LIMITS FOR RECREATIONAL VESSELS. (a) In General.--Not later than 180 days after the date of the enactment of this Act, the Commandant of the Coast Guard shall-- (1) establish standards for determining the maximum passenger capacity in whole number of passengers and in pounds for recreational vessels; (2) require each manufacturer of a passenger vessel to post such maximum passenger capacity on the passenger vessel as described in subsection (b); and (3) require each operator of a passenger vessel to ensure that-- (A) such maximum passenger capacity is posted as described in subsection (b) and legible to passengers; and (B) notice of the need to balance the weight carried by the vessel to avoid capsizing is posted as described in subsection (b) and legible to passengers. (b) Elements and Locations of Displays.--The maximum passenger capacity, maximum carrying capacity in pounds, and notice of the need to balance the carried weight for a passenger vessel shall each be permanently displayed in a legible matter-- (1) in a location that is clearly visible to a passenger boarding the passenger vessel; and (2) on each flying bridge of the vessel, in a location that is clearly visible to a passenger on the flying bridge. (c) Penalties.--Not later than 180 days after the date of the enactment of this Act, the Commandant of the Coast Guard shall publish regulations that establish appropriate penalties for a manufacturer of a recreational vessel that does not comply with the requirements of this section. (d) Application.--The requirements of this section shall apply to any recreational vessel manufactured after the date that is 180 days after the date of the enactment of this Act. SEC. 4. STATE RECREATIONAL BOATING SAFETY PROGRAMS. (a) Program Acceptance.--Section 13103 of title 46, United States Code, is amended-- (1) in subsection (c)-- (A) in paragraph (4) by striking ``and'' at the end; (B) in paragraph (5) by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(6) contracting practices in accordance with subsection (e).''; and (2) by adding at the end the following: ``(e) Contracting.-- ``(1) In general.--A State carrying out a State recreational boating safety program may enter into a contract with a local government or private entity to have the government or entity provide boating safety education services under the program. ``(2) Expenditure requirement.--Each fiscal year, a State carrying out a State recreational boating safety program shall expend on contracts described in paragraph (1) not less than 5 percent of the Federal amounts received by that State in that fiscal year under this chapter. ``(3) Considerations.--In entering into contracts under paragraph (1), a State shall consider-- ``(A) the need for geographic diversity among the local governments and private entities providing education services under the contracts; ``(B) the need to have education services that address the various vessels utilized in the State; ``(C) the need to have education services that address the various waterways in the State; and ``(D) all the costs related to providing education services under the contracts that may affect the local governments and private entities providing the services. ``(4) Eligibility.-- ``(A) In general.--To be eligible to enter into a contract under paragraph (1), a local government or private entity shall-- ``(i) submit to the appropriate State lead authority or agency designated under subsection (a)(4) a detailed proposal for the provision of boating safety education services; and ``(ii) certify that the government or entity will not profit financially from providing the services. ``(B) Exceptions.-- ``(i) Existing providers.--Subparagraph (A)(i) does not apply to a local government or private entity that provided boating safety education services before the date of enactment of this subsection under standards established by the relevant State. ``(ii) 501(c)(3) organizations.-- Subparagraph (A)(ii) does not apply to an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of such Code if the organization certifies to the relevant State that all relevant profits will be used to advance boating safety. ``(5) Education services criteria.--The Secretary, in consultation with States and relevant stakeholders, shall establish criteria for the boating safety education services provided by local governments and private entities under this subsection. Using the criteria, a State shall establish outlines specifying the requirements for education services in that State and education services in that State shall be provided in accordance with the outlines. ``(6) Additional contracting.--A local government that enters into a contract under paragraph (1) to provide boating safety education services may contract with a private entity to receive assistance with the provision of those services. ``(7) Advertising.--A local government or private entity that enters into a contract under paragraph (1) to provide boating safety education services may utilize funds provided under that contract to advertise such services. ``(8) Report.--Each fiscal year, a State that entered into contracts under this subsection shall submit to the Secretary a report specifying the governments and entities contracted with in that fiscal year.''. (b) Sport Fish Restoration and Boating Trust Fund.--Section 9504(b)(2)(A) of the Internal Revenue Code of 1986 is amended by striking ``the MAP-21'' and inserting ``Boating Occupancy and Teaching Safety Act''.

Boating Occupancy and Teaching Safety Act or the BOATS Act - Directs the Commandant of the Coast Guard to: (1) establish maximum passenger capacity and maximum weight capacity standards for recreational vessels, and (2) require manufacturers and operators of passenger vessels to permanently display in a legible manner that is clearly visible, including on each flying bridge of the vessel, to vessel passengers such maximum capacity requirements and a notice of the need to balance vessel weight to avoid capsizing. Defines "flying bridge" to mean an open deck above the main navigating bridge of a recreational vessel. Amends federal shipping law to revise state recreational boating safety program requirements. Allows a state to contract with a local government or private entity to provide boating safety education services under a state recreational boating safety program. Amends the Internal Revenue Code to make amounts in the Sport Fish Restoration and Boating Trust Fund available for expenditures to carry out the purposes of the Dingell-Johnson Sport Fish Restoration Act (as in effect upon enactment of this Act).

SECTION 1. SHORT TITLE. This Act may be cited as the ``Higher Education Relief Opportunities for Students Act of 2001''. SEC. 2. WAIVER AUTHORITY FOR RESPONSE TO NATIONAL EMERGENCY. (a) Waivers and Modifications.-- (1) In general.--Notwithstanding any other provision of law, unless enacted with specific reference to this section, the Secretary of Education (referred to in this Act as the `Secretary') may waive or modify any statutory or regulatory provision applicable to the student financial aid programs under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.) as the Secretary deems necessary in connection with the national emergency to provide the waivers or modifications authorized by paragraph (2). (2) Actions authorized.--The Secretary is authorized to waive or modify any provision described in paragraph (1) as may be necessary to ensure that-- (A) borrowers of Federal student loans who are affected individuals are not placed in a worse position financially in relation to those loans because of their status as affected individuals; (B) administrative requirements placed on affected individuals who are borrowers of Federal student loans are minimized, to the extent possible without impairing the integrity of the student loan programs, to ease the burden on such borrowers and avoid inadvertent, technical violations or defaults; (C) the calculation of ``annual adjusted family income'' and ``available income'', as used in the determination of need for student financial assistance under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.) for any such affected individual (and the determination of such need for his or her spouse and dependents, if applicable), may be modified to mean the sums received in the first calendar year of the award year for which such determination is made, in order to reflect more accurately the financial condition of such affected individual and his or her family; and (D) institutions of higher education, eligible lenders, guaranty agencies, and other entities participating in the student assistance programs under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.) that are located in, or whose operations are directly affected by, areas that are declared disaster areas by any Federal, State, or local official in connection with the national emergency may be granted temporary relief from requirements that are rendered infeasible or unreasonable by the national emergency, including due diligence requirements and reporting deadlines. (b) Notice of Waivers or Modifications.-- (1) In general.--Notwithstanding section 437 of the General Education Provisions Act (20 U.S.C. 1232) and section 553 of title 5, United States Code, the Secretary shall, by notice in the Federal Register, publish the waivers or modifications of statutory and regulatory provisions the Secretary deems necessary to achieve the purposes of this section. (2) Terms and conditions.--The notice under paragraph (1) shall include the terms and conditions to be applied in lieu of such statutory and regulatory provisions. (3) Case-by-case basis.--The Secretary is not required to exercise the waiver or modification authority under this section on a case-by-case basis. (c) Impact Report.--The Secretary shall, not later than 15 months after first exercising any authority to issue a waiver or modification under subsection (a), report 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 on the impact of any waivers or modifications issued pursuant to subsection (a) on affected individuals and the programs under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.), and the basis for such determination, and include in such report the Secretary's recommendations for changes to the statutory or regulatory provisions that were the subject of such waiver or modification. (d) No Delay in Waivers and Modifications.--Sections 482(c) and 492 of the Higher Education Act of 1965 (20 U.S.C. 1089(c), 1098a) shall not apply to the waivers and modifications authorized or required by this Act. SEC. 3. TUITION REFUNDS OR CREDITS FOR MEMBERS OF ARMED FORCES. (a) Sense of Congress.--It is the sense of Congress that-- (1) all institutions offering postsecondary education should provide a full refund to students who are members of the Armed Forces serving on active duty during the national emergency, for that portion of a period of instruction such student was unable to complete, or for which such individual did not receive academic credit, because he or she was called up for such service; and (2) if affected individuals withdraw from a course of study as a result of such service, such institutions should make every effort to minimize deferral of enrollment or reapplication requirements and should provide the greatest flexibility possible with administrative deadlines related to those applications. (b) Definition of Full Refund.--For purposes of this section, a full refund includes a refund of required tuition and fees, or a credit in a comparable amount against future tuition and fees. SEC. 4. USE OF PROFESSIONAL JUDGMENT. At the time of publishing any waivers or modifications pursuant to section 2(b), the Secretary shall publish examples of measures which institutions may take in the appropriate exercise of discretion under section 479A of the Higher Education Act of 1965 (20 U.S.C. 1087tt) to adjust financial need and aid eligibility determinations for affected individuals. SEC. 5. DEFINITIONS. In this Act: (1) Active duty.--The term `active duty' has the meaning given such term in section 101(d)(1) of title 10, United States Code, except that such term does not include active duty for training or attendance at a service school. (2) Affected individual.--The term `affected individual' means an individual who-- (A) is serving on active duty during the national emergency; (B) resides or is employed in an area that is declared a disaster area by any Federal, State, or local official in connection with the national emergency; or (C) suffered direct economic hardship as a direct result of the national emergency, as determined under a waiver or modification issued under this Act. (3) Federal student loan.--The term `Federal student loan' means a loan made, insured, or guaranteed under part B, D, or E of title IV of the Higher Education Act of 1965 (20 U.S.C. 1071 et seq., 20 U.S.C. 1087a et seq., and 20 U.S.C. 1087aa et seq.). (4) National emergency.--The term `national emergency' means the national emergency by reason of certain terrorist attacks declared by the President on September 14, 2001, or subsequent national emergencies declared by the President by reason of terrorist attacks. (5) Serving on active duty during the national emergency.-- The term `serving on active duty during the national emergency' shall include an individual who is-- (A) a Reserve of an Armed Force ordered to active duty under section 12301(a), 12301(g), 12302, 12304, or 12306 of title 10, United States Code, or any retired member of an Armed Force ordered to active duty under section 688 of such title, for service in connection with such emergency or subsequent actions or conditions, regardless of the location at which such active duty service is performed; and (B) any other member of an Armed Force on active duty in connection with such emergency or subsequent actions or conditions who has been assigned to a duty station at a location other than the location at which such member is normally assigned. SEC. 6. TERMINATION OF AUTHORITY. The provisions of this Act shall cease to be effective on September 30, 2003. Passed the House of Representatives October 23, 2001. Attest: JEFF TRANDAHL, Clerk.

Higher Education Relief Opportunities for Students Act of 2001 - Authorizes the Secretary of Education to waive or modify certain requirements of student financial aid programs under title IV of the Higher Education Act of 1965 as the Secretary deems necessary in connection with the national emergency declared by the President with respect to the terrorist attacks of September 11, 2001, or any subsequent national emergency declared by reason of terrorist attacks (the emergency).Authorizes such waivers or modifications in order to provide relief from certain financial and administrative burdens to affected individuals who: (1) are serving on active duty during the emergency; (2) reside or are employed in a disaster area declared by any Federal, State, or local official in connection with the emergency; or (3) suffered direct economic hardship as a direct result of the emergency, as determined under a waiver or modification issued under this Act. Authorizes waiver or modification of certain reporting requirements for institutions of higher education, lenders, guarantee agencies, and other entities participating in such programs, if such entities are located in such declared disaster areas connected to the emergency.Expresses the sense of Congress that: (1) all institutions offering postsecondary education should provide a full refund to students who are members of the Armed Forces serving on active duty during the national emergency, for that portion of a period of instruction such student was unable to complete, or for which such individual did not receive academic credit, because he or she was called up for such service; and (2) if affected individuals withdraw from a course of study as a result of such service, such institutions should make every effort to minimize deferral of enrollment or reapplication requirements and should provide the greatest flexibility possible with administrative deadlines related to those applications.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Needlestick Safety and Prevention Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) Numerous workers who are occupationally exposed to bloodborne pathogens have contracted fatal and other serious viruses and diseases, including the human immunodeficiency virus (HIV), hepatitis B, and hepatitis C from exposure to blood and other potentially infectious materials in their workplace. (2) In 1991 the Occupational Safety and Health Administration issued a standard regulating occupational exposure to bloodborne pathogens, including the human immunodeficiency virus, (HIV), the hepatitis B virus (HBV), and the hepatitis C virus (HCV). (3) Compliance with the bloodborne pathogens standard has significantly reduced the risk that workers will contract a bloodborne disease in the course of their work. (4) Nevertheless, occupational exposure to bloodborne pathogens from accidental sharps injuries in health care settings continues to be a serious problem. In March 2000, the Centers for Disease Control and Prevention estimated that more than 380,000 percutaneous injuries from contaminated sharps occur annually among health care workers in United States hospital settings. Estimates for all health care settings are that 600,000 to 800,000 needlestick and other percutaneous injuries occur among health care workers annually. Such injuries can involve needles or other sharps contaminated with bloodborne pathogens, such as HIV, HBV, or HCV. (5) Since publication of the bloodborne pathogens standard in 1991 there has been a substantial increase in the number and assortment of effective engineering controls available to employers. There is now a large body of research and data concerning the effectiveness of newer engineering controls, including safer medical devices. (6) 396 interested parties responded to a Request for Information (in this section referred to as the ``RFI'') conducted by the Occupational Safety and Health Administration in 1998 on engineering and work practice controls used to eliminate or minimize the risk of occupational exposure to bloodborne pathogens due to percutaneous injuries from contaminated sharps. Comments were provided by health care facilities, groups representing healthcare workers, researchers, educational institutions, professional and industry associations, and manufacturers of medical devices. (7) Numerous studies have demonstrated that the use of safer medical devices, such as needleless systems and sharps with engineered sharps injury protections, when they are part of an overall bloodborne pathogens risk-reduction program, can be extremely effective in reducing accidental sharps injuries. (8) In March 2000, the Centers for Disease Control and Prevention estimated that, depending on the type of device used and the procedure involved, 62 to 88 percent of sharps injuries can potentially be prevented by the use of safer medical devices. (9) The OSHA 200 Log, as it is currently maintained, does not sufficiently reflect injuries that may involve exposure to bloodborne pathogens in healthcare facilities. More than 98 percent of healthcare facilities responding to the RFI have adopted surveillance systems in addition to the OSHA 200 Log. Information gathered through these surveillance systems is commonly used for hazard identification and evaluation of program and device effectiveness. (10) Training and education in the use of safer medical devices and safer work practices are significant elements in the prevention of percutaneous exposure incidents. Staff involvement in the device selection and evaluation process is also an important element to achieving a reduction in sharps injuries, particularly as new safer devices are introduced into the work setting. (11) Modification of the bloodborne pathogens standard is appropriate to set forth in greater detail its requirement that employers identify, evaluate, and make use of effective safer medical devices. SEC. 3. BLOODBORNE PATHOGENS STANDARD. The bloodborne pathogens standard published at 29 CFR 1910.1030 shall be revised as follows: (1) The definition of ``Engineering Controls'' (at 29 CFR 1910.1030(b)) shall include as additional examples of controls the following: ``safer medical devices, such as sharps with engineered sharps injury protections and needleless systems''. (2) The term ``Sharps with Engineered Sharps Injury Protections'' shall be added to the definitions (at 29 CFR 1910.1030(b)) and defined as ``a nonneedle sharp or a needle device used for withdrawing body fluids, accessing a vein or artery, or administering medications or other fluids, with a built-in safety feature or mechanism that effectively reduces the risk of an exposure incident''. (3) The term ``Needleless Systems'' shall be added to the definitions (at 29 CFR 1910.1030(b)) and defined as ``a device that does not use needles for: (A) the collection of bodily fluids or withdrawal of body fluids after initial venous or arterial access is established; (B) the administration of medication or fluids; or (C) any other procedure involving the potential for occupational exposure to bloodborne pathogens due to percutaneous injuries from contaminated sharps''. (4) In addition to the existing requirements concerning exposure control plans (29 CFR 1910.1030(c)(1)(iv)), the review and update of such plans shall be required to also-- (A) ``reflect changes in technology that eliminate or reduce exposure to bloodborne pathogens''; and (B) ``document annually consideration and implementation of appropriate commercially available and effective safer medical devices designed to eliminate or minimize occupational exposure''. (5) The following additional recordkeeping requirement shall be added to the bloodborne pathogens standard at 29 CFR 1910.1030(h): ``The employer shall establish and maintain a sharps injury log for the recording of percutaneous injuries from contaminated sharps. The information in the sharps injury log shall be recorded and maintained in such manner as to protect the confidentiality of the injured employee. The sharps injury log shall contain, at a minimum-- ``(A) the type and brand of device involved in the incident, ``(B) the department or work area where the exposure incident occurred, and ``(C) an explanation of how the incident occurred.''. The requirement for such sharps injury log shall not apply to any employer who is not required to maintain a log of occupational injuries and illnesses under 29 CFR 1904 and the sharps injury log shall be maintained for the period required by 29 CFR 1904.6. (6) The following new section shall be added to the bloodborne pathogens standard: ``An employer, who is required to establish an Exposure Control Plan shall solicit input from non-managerial employees responsible for direct patient care who are potentially exposed to injuries from contaminated sharps in the identification, evaluation, and selection of effective engineering and work practice controls and shall document the solicitation in the Exposure Control Plan.''. SEC. 4. EFFECT OF MODIFICATIONS. The modifications under section 3 shall be in force until superseded in whole or in part by regulations promulgated by the Secretary of Labor under section 6(b) of the Occupational Safety and Health Act of 1970 (29 U.S.C. 655(b)) and shall be enforced in the same manner and to the same extent as any rule or regulation promulgated under section 6(b). SEC. 5. PROCEDURE AND EFFECTIVE DATE. (a) Procedure.--The modifications of the bloodborne pathogens standard prescribed by section 3 shall take effect without regard to the procedural requirements applicable to regulations promulgated under section 6(b) of the Occupational Safety and Health Act of 1970 (29 U.S.C. 655(b)) or the procedural requirements of chapter 5 of title 5, United States Code. (b) Effective Date.--The modifications to the bloodborne pathogens standard required by section 3 shall-- (1) within 6 months of the date of the enactment of this Act, be made and published in the Federal Register by the Secretary of Labor acting through the Occupational Safety and Health Administration; and (2) at the end of 90 days after such publication, take effect. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Requires such modifications of the standard to: (1) be in force until superseded by regulations promulgated by the Secretary of Labor under OSHA; and (2) take effect without regard to specified procedural requirements.

SECTION 1. TRANSFER OF AUTHORITY TO REVIEW CERTAIN MERGERS, ACQUISITIONS, AND TAKEOVERS. (a) Repeal of Defense Production Act Provision.--Section 721 of the Defense Production Act of 1950 (50 U.S.C. App. 2170) is repealed. (b) Transfer to Homeland Security.--Title II of the Homeland Security Act of 2002 (6U.S.C. 121 et seq.) is amended by adding at the end the following: Subtitle E--Review of Mergers, Acquisitions, and Takeovers by Foreign Entities ``SEC. 241. AUTHORITY TO REVIEW CERTAIN MERGERS, ACQUISITIONS, AND TAKEOVERS. ``(a) Review and Investigation.-- ``(1) In general.--The President or the President's designee may undertake an investigation to determine the effects on national security or homeland security of mergers, acquisitions, and takeovers proposed or pending on or after the date of enactment of this section by or with foreign persons which could result in foreign control of persons engaged in interstate commerce in the United States. ``(2) Review.--For purposes of determining whether to undertake an investigation under this subsection, the President or the President's designee shall conduct a review of the proposed or pending merger, acquisition, or takeover, which review shall be completed not later than 30 days after the date of receipt by the President or the President's designee of written notification of the proposed or pending merger, acquisition, or takeover. ``(3) Timing.--If it is determined that an investigation should be undertaken under this subsection, such investigation-- ``(A) shall commence at such time as the determination is made under paragraph (2), and not later than 30 days after the date of receipt by the President or the President's designee of written notification of the proposed or pending merger, acquisition, or takeover, as prescribed by regulations promulgated pursuant to this section; and ``(B) shall be completed not later than 45 days after the date of its commencement. ``(4) Intelligence assessment reports.--With respect to any investigation undertaken under this subsection, the Director of National Intelligence shall create a report that consolidates the intelligence findings, assessments, and concerns of each of the relevant members of the intelligence community. Such report shall be considered as part of the investigation, provided to all members of the Committee, and included as part of any recommendation to the President. ``(b) Mandatory Investigations.-- ``(1) In general.--The President or the President's designee shall undertake an investigation, as described in subsection (a)(1), in any instance in which an entity controlled by or acting on behalf of a foreign government seeks to engage in any merger, acquisition, or takeover which would result in control of a person engaged in interstate commerce in the United States. ``(2) Timing.--An investigation undertaken under this subsection-- ``(A) shall commence not later than 30 days after the date of receipt by the President or the President's designee of written notification of the proposed or pending merger, acquisition, or takeover, as prescribed by regulations promulgated pursuant to this section; and ``(B) shall be completed not later than 45 days after the date of its commencement. ``(c) Committee for Secure Commerce.-- ``(1) Establishment.--There is established the Committee for Secure Commerce, which shall serve as the President's designee for purposes of this section. ``(2) Chairperson.--The Secretary, or the designee thereof, shall serve as the chairperson of the Committee. ``(3) Vice chairs.--The Secretary of Defense, or the designee thereof, and the Secretary of the Treasury, or the designee thereof, shall serve as vice chairs of the Committee. ``(4) Membership.--The standing members of the Committee shall-- ``(A) be made up of the heads of those executive departments, agencies, and offices as the President determines appropriate; and ``(B) include the Director of National Intelligence. ``(5) Assistance from other federal sources.--The chairperson of the Committee may seek information and assistance from any other department, agency, or office of the Federal Government, and such department, agency, or office shall provide such information or assistance, as the chairperson determines necessary or appropriate to carry out the duties of the Committee under this section. ``(6) Review process; documentation.-- ``(A) Committee review process.--The chairperson of the Committee shall establish written processes and procedures to be used by the Committee in conducting reviews and investigations under this section in any case in which the Committee is acting as the President's designee, including a description of the role and responsibilities of each of the member departments, agencies, and offices in the investigation of foreign investment in the United States. ``(B) Departmental review process.--The head of each department, agency, or office that serves as a member of the Committee shall establish written internal processes and procedures to be used by the department, agency, or office in conducting reviews and investigations under this section, and shall provide such written procedures to the Committee. ``(7) Independent agency reviews required.--In any case in which the Committee is acting as the President's designee under this section, each member of the Committee shall conduct, within the department, agency, or office of that member, an independent review of each proposed merger, acquisition, or takeover described in subsection (a) or (b), and shall timely provide to the Committee written findings relating to each such review. ``(8) Determinations not to conduct an investigation.--A determination by the Committee not to conduct an investigation under subsection (a) shall be made only after a review required by subsection (a)(2), and shall be unanimous. ``(d) Action by the President.-- ``(1) In general.--Subject to subsection (e), the President may take such action for such time as the President considers appropriate to suspend or prohibit any acquisition, merger, or takeover of a person engaged in interstate commerce in the United States proposed or pending on or after the date of enactment of this section, by or with a foreign person so that such control will not threaten to impair the national security or homeland security. ``(2) Announcement by the president.--The President shall announce the decision to take action pursuant to this subsection not later than 15 days after the investigation described in subsection (a) is completed. The President may direct the Attorney General to seek appropriate relief, including divestment relief, in the district courts of the United States in order to implement and enforce this section. ``(e) Findings of the President.--The President may exercise the authority conferred by subsection (d) only if the President finds that-- ``(1) there is credible evidence that leads the President to believe that the foreign interest exercising control might take action that threatens to impair the national security or homeland security; and ``(2) provisions of law, other than this section and the International Emergency Economic Powers Act, do not, in the judgment of the President, provide adequate and appropriate authority for the President to protect the national security or homeland security in the matter before the President. ``(f) Actions and Findings Nonreviewable.--The actions of the President under subsection (d) and the findings of the President under subsection (e) shall not be subject to judicial review. ``(g) Factors to Be Considered.--For purposes of this section, the President or the President's designee shall, taking into account the requirements of national security and homeland security, consider among other factors-- ``(1) critical infrastructure, the control of which is important to homeland security; ``(2) domestic production needed for projected national defense and homeland security requirements; ``(3) the capability and capacity of domestic industries to meet national defense requirements, including the availability of human resources, products, technology, materials, and other supplies and services; ``(4) the control of domestic industries and commercial activity by foreign citizens as it affects the capability and capacity of the United States to meet the requirements of national security or homeland security; ``(5) the potential effects of the proposed or pending transaction on sales of military goods, equipment, or technology to any country-- ``(A) identified by the Secretary of State-- ``(i) under section 6(j) of the Export Administration Act of 1979, as a country that supports terrorism; ``(ii) under section 6(l) of the Export Administration Act of 1979, as a country of concern regarding missile proliferation; or ``(iii) under section 6(m) of the Export Administration Act of 1979, as a country of concern regarding the proliferation of chemical and biological weapons; or ``(B) listed under section 309(c) of the Nuclear Non-Proliferation Act of 1978, on the `Nuclear Non- Proliferation-Special Country List' (15 C.F.R. Part 778, Supplement No. 4) or any successor list; and ``(6) the potential effects of the proposed or pending transaction on United States international technological leadership in areas affecting United States national security or homeland security. ``(h) Confidentiality of Information.--Any information or documentary material filed with the President or the President's designee pursuant to this section shall be exempt from disclosure under section 552 of title 5, United States Code, and no such information or documentary material may be made public, except as may be relevant to any administrative or judicial action or proceeding. Nothing in this subsection shall be construed to prevent disclosure to either House of Congress or to any duly authorized committee or subcommittee of Congress. ``(i) Reports to Congress.-- ``(1) Reports on investigation.--The President, or the President's designee, shall immediately upon completion of an investigation under subsection (a) or (b) transmit to the members of Congress specified in paragraph (3) a written report of the results of the investigation, before any determination by the President on whether or not to take action under subsection (d), including a detailed explanation of the findings made under subsection (e), details of any legally binding assurances provided by the foreign entity that were negotiated as a condition for approval, and the factors considered under subsection (g). Such report shall be prepared in a manner that is consistent with the requirements of subsection (h). ``(2) Quarterly submissions.--The President, or the President's designee, shall transmit to the members of the Congress specified in paragraph (3) on a quarterly basis, a detailed summary and analysis of each merger, acquisition, or takeover that is being reviewed, was reviewed during the preceding 90-day period, or is likely to be reviewed in the coming quarter by the President or the Committee under subsection (a) or (b). Each such summary and analysis shall be submitted in unclassified form, with classified annexes, as the Secretary determines are required to protect company proprietary information and other sensitive information. Each such summary and analysis shall include an appendix detailing dissenting views. ``(3) Members of congress.--The reports required by this subsection shall be transmitted to-- ``(A) the Majority Leader and the Minority Leader of the Senate; ``(B) the chairs and ranking members of the Committee on Homeland Security and Government Affairs, the Committee on Armed Services, and the Committee on Banking, Housing, and Urban Affairs of the Senate; ``(C) the Speaker and the Minority Leader of the House of Representatives; and ``(D) the chairs and ranking members of the Committee on Homeland Security, the Committee on Armed Services, and the Committee on Financial Services of the House of Representatives. ``(j) Regulations.--The Secretary shall issue regulations to carry out this section. Such regulations shall, to the extent possible, minimize paperwork burdens and shall to the extent possible coordinate reporting requirements under this section with reporting requirements under any other provision of Federal law. ``(k) Effect on Other Law.--Nothing in this section shall be construed to alter or affect any existing power, process, regulation, investigation, enforcement measure, or review provided by any other provision of law. ``(l) Technology Risk Assessments.--In any case in which an assessment of the risk of diversion of a critical technology is performed by a person designated by the President for such purpose, a copy of such assessment shall be provided to each member of the Committee for purposes of reviewing or investigating a merger, acquisition, or takeover under this section. ``(m) Quadrennial Report.-- ``(1) In general.--In order to assist the Congress in its oversight responsibilities with respect to this section, the President and such agencies as the President shall designate shall complete and furnish to the Congress, not later than 1 year after the date of enactment of this section and every 4 years thereafter, a report which-- ``(A) evaluates whether there is credible evidence of a coordinated strategy by 1 or more countries or companies to acquire critical infrastructure within the United States or United States companies involved in research, development, or production of critical technologies for which the United States is a leading producer; and ``(B) evaluates whether there are industrial espionage activities directed or directly assisted by foreign governments against private United States companies aimed at obtaining commercial secrets related to critical technologies or critical infrastructure. ``(2) Release of unclassified study.--The report required by this subsection may be classified. An unclassified version of the report shall be made available to the public. ``(n) Exemption.--Notwithstanding any other provision of law, the provisions of section 872 do not apply to the Committee or with respect to any provision of this subtitle. ``(o) Definitions.--As used in this section-- ``(1) the term `critical technologies' means technologies identified under title VI of the National Science and Technology Policy, Organization, and Priorities Act of 1976, or other critical technology, critical components, or critical technology items essential to national defense identified pursuant to this section; ``(2) the term `Committee' means the Committee for Secure Commerce, established under subsection (c); ``(3) the term `foreign person' means any foreign organization or any individual resident in a foreign country or any organization or individual owned or controlled by such an organization or individual; and ``(4) the term `intelligence community' has the same meaning as in section 3 of the National Security Act of 1947 (50 U.S.C. 401a).''.

Amends the Defense Production Act of 1950 to repeal provisions concerning presidential authority to review certain proposed mergers, acquisitions, or takeovers (transactions) of U.S. entities by foreign entities. Amends the Homeland Security Act of 2002 to authorize the President (or his designee) to undertake an investigation to determine the effects on national or homeland security of transactions which could result in foreign control of persons engaged in interstate commerce in the United States. Requires the President to first conduct a review of the proposed transaction to determine whether an investigation is warranted. Requires, with respect to any investigation conducted, the Director of National Intelligence to create a report consolidating the intelligence findings, assessments, and concerns of each of the relevant members of the intelligence community. Requires the President to conduct a mandatory investigation in any instance in which an entity controlled by or acting on behalf of a foreign government seeks to engage in any transaction which would result in control of a person engaged in interstate commerce in the United States. Establishes the Committee for Secure Commerce to act as the President's designee in the conduct of such investigations. Authorizes the President to suspend or prohibit a transaction if he finds that: (1) there is credible evidence to believe that the foreign interest exercising control might take action that threatens the national or homeland security; and (2) provisions of law other than the Homeland Security Act of 2002 and the International Emergency Economic Powers Act do not provide adequate and appropriate authority to protect the national or homeland security. States that the President's actions and findings shall not be subject to judicial review. Requires reports from the President to Congress: (1) each time an investigation is completed; and (2) quarterly on each transaction being reviewed.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Farm Animal Identification and Records Act''. SEC. 2. NATIONWIDE LIVESTOCK IDENTIFICATION SYSTEM. The Animal Health Protection Act is amended by inserting after section 10409 (7 U.S.C. 8308) the following new section: ``SEC. 10409A. NATIONWIDE LIVESTOCK IDENTIFICATION SYSTEM. ``(a) System Required.--Not later than 90 days after the date of the enactment of the National Farm Animal Identification and Records Act, the Secretary shall establish an electronic nationwide livestock identification system to require the identification of livestock to enhance the speed and accuracy of the response of the Department of Agriculture to outbreaks of disease in livestock. Because livestock diseases are not constrained by State boundaries, the livestock identification system shall apply to all livestock born in the United States or imported and cover the movement of livestock in both interstate commerce and intrastate commerce. ``(b) Capabilities.--The livestock identification system shall be capable of tracing, within 48 hours, livestock from birth to slaughter. ``(c) Participation by States.--The Secretary shall use the authority provided by section 10411(a) to cooperate with States to secure information for inclusion in the livestock identification system. Subject to subsection (f), the Secretary shall provide States with access to the livestock identification system. ``(d) Use of Existing Technology.--The Secretary may use technology developed by private entities before the date of the enactment of the National Farm Animal Identification and Records Act to operate the livestock identification system. ``(e) Financial Assistance.--To the extent funds are made available pursuant to subsection (g) to carry out this subsection, the Secretary shall provide financial assistance to producers to assist the producers in complying with the requirements of the livestock identification system. In providing such assistance, the Secretary shall ensure that producers with smaller livestock operations are not placed at a financial disadvantage in complying with such requirements. ``(f) Release of Animal Identification Numbering Information.-- ``(1) Freedom of information act.--Information obtained through the livestock identification system is exempt from disclosure under section 552 of title 5, United States Code. ``(2) Character of livestock identification system information.--Except as provided in paragraphs (3) and (4), information obtained through the livestock identification system-- ``(A) may not be released; ``(B) shall not be considered information in the public domain; and ``(C) shall be considered commercial information that is privileged and confidential. ``(3) Limited release of information authorized.-- Notwithstanding paragraph (2), the Secretary may release information obtained through the livestock identification system regarding particular livestock if-- ``(A) the information involves livestock threatened by disease or pest; ``(B) the release of the information is related to actions the Secretary may take under this subtitle; and ``(C) the person obtaining the information needs the information for reasons consistent with the public health and public safety purposes of the livestock identification system, as determined by the Secretary. ``(4) Limited release of information required.-- Notwithstanding paragraph (2), the Secretary shall release information obtained through the livestock identification system regarding particular livestock-- ``(A) to the person who owns or controls the livestock, if the person requests such information; ``(B) to the Attorney General for the purpose of law enforcement; ``(C) to the Secretary of Homeland Security for the purpose of national security; ``(D) to a court of competent jurisdiction; and ``(E) to the government of a foreign country, if release of the information is necessary to trace livestock threatened by disease or pest, as determined by the Secretary. ``(5) Conflict of law.--If the information disclosure limitations or requirements of this subsection conflict with information disclosure limitations or requirements of a State law-- ``(A) this subsection shall take precedence over the State law, if the conflict involves interstate or international commerce; and ``(B) the State law shall take precedence over this subsection, if the conflict involves intrastate commerce in that State. ``(g) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary $175,000,000 to carry out this section.''. SEC. 3. REVIEW OF DEPARTMENT OF AGRICULTURE RESPONSES TO OUTBREAKS OF DISEASE IN LIVESTOCK. Section 10411 of the Animal Health Protection Act (7 U.S.C. 8310) is amended by adding at the end the following new subsection: ``(f) Review of Responses to Outbreaks of Disease.--The Secretary may appoint an international panel of scientific experts to provide an objective review of a response by the Department of Agriculture to an outbreak of disease in livestock and to identify areas for improvements in such responses.''.

National Farm Animal Identification and Records Act - Amends the Animal Health Protection Act to direct the Secretary of Agriculture to establish an electronic nationwide livestock identification system to enhance the Department of Agriculture's response to outbreaks of livestock disease. Requires that such system: (1) be capable of tracing, within 48 hours, livestock from birth to slaughter; (2) provide for access by States and inclusion of State information; and (3) apply to all livestock born or imported into the United Sates, and to interstate and intrastate commerce. Exempts, with specified exceptions, system information from disclosure under the Freedom of Information Act or other release into the public domain. Authorizes the Secretary to: (1) provide producer participation assistance; and (2) appoint an international panel of scientific experts to review the Department's response to an outbreak of livestock disease.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Vietnam Veterans Children's Disability Act''. SEC. 2. AUTHORITY TO PROVIDE BENEFITS FOR CHILDREN OF VIETNAM VETERANS WITH CERTAIN DISEASES ASSOCIATED WITH PARENTAL EXPOSURE TO HERBICIDE AGENTS. (a) Amendments to New Chapter 18.--The amendments made by this section are made to chapter 18 of title 38, United States Code, as amended by section 401 of the Veterans Benefits and Health Care Improvement Act of 2000 (Public Law 106-419; 114 Stat. 1857), and take effect on-- (1) December 1, 2001 (the effective date of those amendments); or (2) if later, the date of the enactment of this Act. (b) Benefits for Certain Children.--(1) Chapter 18 of title 38, United States Code, is amended by adding at the end the following new subchapter: ``SUBCHAPTER IV--CHILDREN OF VIETNAM VETERANS WITH DISEASES ASSOCIATED WITH PARENTAL EXPOSURE TO HERBICIDE AGENTS ``Sec. 1831. Definitions In this subchapter: ``(1) The term `eligible child' means an individual, regardless of age or marital status, who-- ``(A) is the natural child of-- ``(i) a Vietnam veteran; or ``(ii) a veteran other than a Vietnam veteran who, as determined under regulations prescribed by the Secretary, was exposed before the child was conceived to herbicides during active military, naval, or air service; and ``(B) has one or more covered diseases. ``(2) The term `covered disease' means a disease identified by the Secretary under section 1832 of this title. ``Sec. 1832. Covered diseases ``(a) Identification.--The Secretary shall by regulation identify diseases occurring in children that have a positive association with parental exposure to an herbicide agent before the date on which the child was conceived. ``(b) Diseases To Be Included.--The Secretary shall include acute myelogenous leukemia in the diseases identified under subsection (a). ``Sec. 1833. Health care ``(a) Needed Care.--The Secretary shall provide an eligible child such health care as the Secretary determines is needed by the child for that child's covered diseases or any disability that is associated with those diseases. ``(b) Authority for Care To Be Provided Directly or by Contract.-- The Secretary may provide health care under this section directly or by contract or other arrangement with a health care provider. ``(c) Definitions.--For purposes of this section, the definitions in section 1803(c) of this title shall apply with respect to the provision of health care under this section, except that for such purposes-- ``(1) the reference to `specialized spina bifida clinic' in paragraph (2) of that section shall be treated as a reference to a specialized clinic treating the disease concerned under this section; and ``(2) the reference to `vocational training under section 1804 of this title' in paragraph (8) of that section shall be treated as a reference to vocational training under section 1834 of this title. ``Sec. 1834. Vocational training ``(a) Authority.--The Secretary may provide a program of vocational training to an eligible child if the Secretary determines that the achievement of a vocational goal by the child is reasonably feasible. ``(b) Applicable Provisions.--Subsections (b) through (e) of section 1804 of this title shall apply with respect to any program of vocational training provided under subsection (a). ``Sec. 1835. Monetary allowance ``(a) Monetary Allowance.--The Secretary shall pay a monthly allowance to an eligible child for any disability resulting from a covered disease. ``(b) Schedule for Rating Disabilities.--(1) The amount of the monthly allowance paid under this section shall be based on the degree of disability suffered by the child concerned, as determined in accordance with a schedule for rating disabilities resulting from covered diseases that is prescribed by the Secretary. ``(2) In prescribing a schedule for rating disabilities for the purposes of this section, the Secretary shall establish the levels of disability upon which the amount of the allowance provided by this section shall be based. The levels of disability established may take into account functional limitations, including limitations on cognition, communication, motor abilities, activities of daily living, and employability. ``(c) Amount of Monthly Allowance.--(1) The Secretary shall prescribe the amount of the monthly allowance paid under this section for each level of disability established in the schedule of rating disabilities prescribed under subsection (b), except that an allowance under this section-- ``(A) may not be less than the amount in effect under section 1815(c)(1) of this title; and ``(B) may not be greater than the amount in effect under section 1815(c)(4) of this title. ``(2)(A) Benefits under this subchapter may be discontinued six months after the child has recovered fully from the disability. ``(B) For purposes of this paragraph, the term `fully recovered from the disability' means that no signs or symptoms of disability are present and no treatment for the disability is warranted. ``(3) Benefits under this subchapter may be paid for any secondary disability which results from any disability associated with exposure to a herbicide or any disability resulting from treatment for such disability. ``(d) Indexing to Social Security Benefit Increases.--Amounts paid under subsection (c) shall be subject to adjustment from time to time under section 5312 of this title.''. (2) The table of sections at the beginning of such chapter is amended by adding at the end the following: ``subchapter iv--children of vietnam veterans with diseases associated with parental exposure to herbicide agents ``1831. Definitions. ``1832. Covered diseases. ``1833. Health care. ``1834. Vocational training. ``1835. Monetary allowance.''. (c) Definition of Vietnam Veteran.--Section 1821(3)(A) of such title is amended by striking ``subchapter I'' and inserting ``subchapters I and IV''.

Vietnam Veterans Children's Disability Act - Directs the Secretary of Veterans Affairs to: (1) identify diseases occurring in children of Vietnam veterans or other veterans that have a positive association with parental exposure to an herbicide agent before the date of conception; (2) include myelogenous leukemia among such diseases; (3) provide needed health care for such children's covered diseases or any associated disabilities; and (4) pay a monthly allowance to such children for any disability resulting from a covered disease, to be based on the degree of disability.Authorizes the Secretary to provide vocational training to such children if the achievement of a vocational goal is reasonably feasible.

SECTION 1. DEPARTMENT OF VETERANS AFFAIRS PILOT PROGRAM ON SERVICE DOG TRAINING. (a) Pilot Program Required.--Not later than 120 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall commence a pilot program to assess the feasibility and advisability of using service dog training activities as components of integrated post- deployment mental health and post-traumatic stress disorder rehabilitation programs at Department of Veterans Affairs medical centers-- (1) to positively affect veterans with post-deployment mental health conditions or post-traumatic stress disorder symptoms; and (2) to produce specially trained service dogs for veterans. (b) Duration.--The Secretary shall carry out the pilot program during the three-year period beginning on the date of the commencement of the pilot program. (c) Location.-- (1) In general.--The pilot program shall be carried out at one Department of Veterans Affairs medical center selected by the Secretary for such purpose other than in the Department of Veterans Affairs Palo Alto health care system in Palo Alto, California. In selecting medical centers for the pilot program, the Secretary shall-- (A) ensure that the medical center selected-- (i) has an established mental health rehabilitation program that includes a clinical focus on rehabilitation treatment of post- deployment mental health disorder and post- traumatic stress disorder; and (ii) has a demonstrated capability and capacity to incorporate service dog training activities into the rehabilitation program; and (B) shall review and consider using recommendations published by experienced service dog trainers regulations in the art and science of basic third-party dog training and owner-training dogs with regard to space, equipment, and methodologies. (2) Participation of rural veterans.--In selecting a medical center for the pilot program required under subsection (a), the Secretary shall give special consideration to Department of Veterans Affairs medical centers that are located in States that the Secretary considers rural or highly rural. (d) Design of Pilot Program.--In carrying out the pilot program, the Secretary shall-- (1) administer the program through the Department of Veterans Affairs Patient Care Services Office as a collaborative effort between the Rehabilitation Office and the Office of Mental Health Services; (2) ensure that the national pilot program lead of the Patient Care Services Office has sufficient administrative experience to oversee the pilot program site; (3) ensure that dogs selected are healthy and age- and temperament-appropriate for use in the pilot program; (4) consider dogs residing in animal shelters or foster homes for participation in the program if such dogs meet the service dog candidate selection under this subsection; (5) ensure that each dog selected for the pilot program-- (A) is taught all basic commands and behaviors; (B) undergoes public access training; and (C) receives training specifically tailored to address the mental health conditions or disabilities of the veteran with whom the dog is paired; (6) provide professional support for all training under the pilot program; and (7) provide or refer participants to business courses for managing a service dog training business. (e) Veteran Participation.--Veterans diagnosed with post-traumatic stress disorder or another post-deployment mental health condition may volunteer to participate in the pilot program. (f) Hiring Preference.--In hiring service dog training instructors for the pilot program, the Secretary shall give a preference to veterans who have a post-traumatic stress disorder or other mental health condition. (g) Collection of Data.-- (1) In general.--The Secretary shall collect data on the pilot program to determine the effectiveness of the pilot program in positively affecting veterans with post-traumatic stress disorder or other post-deployment mental health condition symptoms and the feasibility and advisability of expanding the pilot program to additional Department of Veterans Affairs medical centers. (2) Manner of collection.--Data described in paragraph (1) shall be collected and analyzed using a scientific peer- reviewed system, valid and reliable results-based research methodologies, and instruments. (h) Reports.-- (1) Annual reports.-- (A) In general.--Not later than one year after the date of the commencement of the pilot program and annually thereafter for the duration of the pilot program, the Secretary shall submit to Congress a report on the pilot program. (B) Elements.--Each such report required by subparagraph (A) shall include the following: (i) The number of veterans participating in the pilot program. (ii) A description of the services carried out by the Secretary under the pilot program. (iii) The effects that participating in the pilot program has on veterans with post- traumatic stress disorder and post-deployment adjustment symptoms. (2) Final report.--At the conclusion of the pilot program, the Secretary shall submit to Congress a final report that includes recommendations with respect to the feasibility and advisability of extending or expanding the pilot program.

Directs the Secretary of Veterans Affairs to commence a three-year pilot program to assess the feasibility and advisability of using service dog training activities as components of integrated post-deployment mental health and post-traumatic stress disorder (PTSD) rehabilitation programs at Department of Veterans Affairs (VA) medical centers to positively affect veterans with such symptoms and to produce specially trained service dogs for veterans. Requires the pilot program to be carried out at one VA medical center selected by the Secretary other than the VA health care system in Palo Alto, California. Makes veteran participation voluntary. Requires the Secretary to: (1) collect program data to determine its effectiveness, as well as the advisability of expanding the program to additional VA medical centers; and (2) report annually to Congress for the duration of the pilot program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Low Income Housing Tax Credit Recovery Act of 2010''. SEC. 2. FIVE-YEAR CARRYBACK OF LOW-INCOME HOUSING CREDIT. (a) In General.--Subsection (a) of section 39 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(4) 5-year carryback of low-income housing credit.-- ``(A) In general.--In the case of an applicable low-income housing credit (within the meaning of section 38(c)(6)(C))-- ``(i) this section shall be applied separately from the business credit (other than the low-income housing credit), and ``(ii) paragraph (1) shall be applied by substituting `each of the 5 taxable years' for `the taxable year' in subparagraph (A) thereof.''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2007, and to carrybacks of credits from such taxable years. SEC. 3. CARRYBACK OF NEW INVESTMENTS. (a) In General.--Section 42(f) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(6) Special rule for certain investments in 2010 and 2011.-- ``(A) In general.--In the case of a taxpayer who enters into an agreement described in section 38(c)(6)(D)(i)(I) (without regard to the applicable date), which satisfies the requirement of section 38(c)(6)(D)(i)(II), after December 31, 2009, and before January 1, 2012, then solely for purposes of determining the taxable year in which the low-income housing credit under this section may be taken into account for purposes of section 38, and the amount of the credit so taken into account-- ``(i) the preceding paragraphs of this subsection shall not apply, ``(ii) the credit period with respect to the housing credit dollar amount to be allocated under such agreement shall be the 1 taxable year in which the taxpayer enters into such agreement, ``(iii) subsections (b) and (c)(1) shall not apply, and ``(iv) the amount of the credit under this section which is taken into account in the taxable year described in clause (ii) shall be the housing credit dollar amount to be allocated under such agreement. ``(B) Requirements of section unaffected.--Except as provided in subparagraph (A), the provisions of this section shall apply to any building to which an agreement described in subparagraph (A) applies as if such subparagraph had not been enacted. ``(C) Recapture of excess credit.--If, at the end of the credit period with respect to any building (without regard to subparagraph (A)), the amount of the credit taken into account under subparagraph (A)(iv) with respect to such building exceeds the total amount of the credit which would have been allowed under this section with respect to such building during such credit period but for the application of subparagraph (A), then the amount of such excess shall be recaptured as if it were included in the credit recapture amount under subsection (j).''. (b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2009. SEC. 4. ALLOWING LOW-INCOME HOUSING CREDITS TO OFFSET 100 PERCENT OF FEDERAL INCOME TAX LIABILITY. (a) In General.--Subsection (c) of section 38 is amended by adding at the end the following new paragraph: ``(6) Allowing low-income housing credit to offset 100 percent of federal income tax liability.-- ``(A) In general.--In the case of applicable low- income housing credits-- ``(i) this section shall be applied separately with respect to such credits, ``(ii) in applying paragraph (1) to such credits-- ``(I) the tentative minimum tax shall be treated as being zero, and ``(II) the limitation under paragraph (1) (as modified by subclause (I)) shall be the net income tax (as defined in paragraph (1)) reduced by the credit allowed under subsection (a) for the taxable year (other than the applicable low-income housing credits), and ``(iii) the excess credit for such taxable year shall, solely for purposes of determining the amount of such excess credit which may be carried back to a preceding taxable year, be increased by the amount of business credit carryforwards which are carried to such taxable year, to which this subparagraph applies, and which are not allowed for such taxable year by reason of the limitation under paragraph (1) (as modified by clause (ii)). ``(B) Increase in limitation for taxable years to which excess applicable low-income housing credits are carried back.-- ``(i) In general.--Solely for purposes of determining the portion of any excess credit described in subparagraph (A)(iii) for which credit will be allowed under subsection (a)(3) for any preceding taxable year, except as provided in clause (ii), the limitation under paragraph (1) for such preceding taxable year shall be determined under rules similar to the rules described in subparagraph (A). ``(ii) Ordering rule.--If the excess credit described in subparagraph (A)(iii) includes business credit carryforwards from preceding taxable years, such excess credit shall be treated as allowed for any preceding taxable year on a first-in first-out basis. ``(C) Applicable low-income housing credits.--For purposes of this subpart, the term `applicable low- income housing credits' means the credit determined under section 42-- ``(i) to the extent attributable to buildings placed in service after the date of the enactment of this subparagraph, and ``(ii) in the case of any other buildings, for taxable years beginning in 2008, 2009, and 2010 (and to business credit carryforwards with respect to such buildings carried to such taxable years) to the extent provided in subparagraph (D). ``(D) Previously placed in service buildings.-- ``(i) In general.--Subparagraph (C)(ii) shall apply to such credits for such a taxable year only-- ``(I) if the taxpayer has entered into a binding commitment to invest equity not later than the applicable date, with respect to an investment in a future project (which is binding on the taxpayer and all successors in interest) which specifies the dollar amount of such investment, and ``(II) to the extent such credits do not exceed the dollar amount of such proposed investment. ``(ii) Applicable date.--For purposes of this subparagraph, the applicable date is-- ``(I) in the case of taxable years beginning in 2008 and 2009, September 15, 2010, or ``(II) in the case of a taxable year beginning in 2010, the due date (including extensions of time) for filing the taxpayer's return for such taxable year.''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2007, and to carrybacks of credits from such taxable years.

Low Income Housing Tax Credit Recovery Act of 2010 - Amends the Internal Revenue Code, with respect to the low-income housing tax credit, to allow: (1) a five-year carryback period for unused tax credit amounts; (2) an extended carryback period for new investments in housing in 2010 and 2011; and (3) a full offset of such credit against regular income tax liability.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Verifying Electronically the Receipt of In-Home Care For Individuals Act'' or the ``VERIFI Act''. SEC. 2. REQUIREMENT THAT MEDICARE HOME HEALTH AGENCIES HAVE IN PLACE AN ELECTRONIC VISIT VERIFICATION SYSTEM. (a) Condition of Participation.--Section 1891(a) of the Social Security Act (42 U.S.C. 1395bbb(a)) is amended by adding at the end the following new paragraph: ``(7)(A) In the case of home health services furnished on or after January 1, 2018, the agency has in place an electronic visit verification system that meets standards established by the Secretary. ``(B) In this paragraph, the term `electronic visit verification system' means a system under which visits conducted as part of home health services furnished by a home health agency are electronically verified by the agency with respect to-- ``(i) the type of service performed; ``(ii) the individual receiving the service; ``(iii) the date of the service; ``(iv) the location of the service is furnished; ``(v) the individual furnishing the service; and ``(vi) the time the service begins and ends. ``(C) By not later than July 1, 2017, the Secretary shall establish standards for electronic visit verification systems. In establishing such standards, the Secretary shall consult with home health agencies to ensure that such standards-- ``(i) are minimally burdensome; ``(ii) take into account existing best practices and electronic visit verification systems in use; and ``(iii) require that the systems are conducted in accordance with the requirements of HIPAA privacy and security law (as defined in section 3009 of the Public Health Service Act).''. (b) Rules of Construction.-- (1) No employer-employee relationship established.--Nothing in the amendment made by this section may be construed as establishing an employer-employee relationship between the home health agency and the individuals who, under a contract with such an agency, furnish such services for purposes of part 552 of title 29, Code of Federal Regulations (or any successor regulations). (2) No particular or uniform electronic visit verification system required.--Nothing in the amendment made by this section shall be construed to require the use of a particular or uniform electronic visit verification system (as defined in paragraph (7)(B) of section 1891(a) of the Social Security Act (42 U.S.C. 1395bbb(a)), as added by subsection (a)) by all agencies that furnish home health services under title XVIII of such Act. (3) No limits on provision of care.--Nothing in the amendment made by this section may be construed to limit, with respect to home health services furnished under title XVIII of the Social Security Act, provider selection, constrain beneficiaries' selection of a caregiver, or impede the manner in which care is furnished. SEC. 3. ELECTRONIC VISIT VERIFICATION SYSTEM REQUIRED FOR PERSONAL CARE SERVICES AND HOME HEALTH CARE SERVICES UNDER MEDICAID. (a) In General.--Section 1903 of the Social Security Act (42 U.S.C. 1396b) is amended by inserting after subsection (k) the following new subsection: ``(l)(1) Subject to paragraph (3), with respect to any amount expended for medical assistance for personal care services or home health care services provided under a State plan under this title (or under a waiver of the plan) furnished in a calendar quarter beginning on or after January 1, 2019, unless a State requires the use of an electronic visit verification system for both personal care services and home health care services furnished in such quarter under the plan or such waiver, the Federal medical assistance percentage shall be reduced-- ``(A) for calendar quarters in 2019 and 2020, by .25 percentage points; ``(B) for calendar quarters in 2021, by .5 percentage points; ``(C) for calendar quarters in 2022, by .75 percentage points; and ``(D) for calendar quarters in 2023 and each year thereafter, by 1 percentage point. ``(2) Subject to paragraph (3), in implementing the requirement for the use of an electronic visit verification system under paragraph (1), a State shall consult with agencies and entities that provide personal care services, home health care services, or both under the State plan (or under a waiver of the plan) to ensure that such system-- ``(A) is minimally burdensome; ``(B) takes into account existing best practices and electronic visit verification systems in use in the State; and ``(C) is conducted in accordance with the requirements of HIPAA privacy and security law (as defined in section 3009 of the Public Health Service Act). ``(3) Paragraphs (1) and (2) shall not apply in the case of a State that, as of the date of the enactment of this subsection, requires the use of any system for the electronic verification of visits conducted as part of both personal care services or home health care services. ``(4) In this subsection: ``(A) The term `electronic visit verification system' means, with respect to personal care services or home health care services, a system under which visits conducted as part of such services are electronically verified with respect to-- ``(i) the type of service performed; ``(ii) the individual receiving the service; ``(iii) the date of the service; ``(iv) the location of service delivery; ``(v) the individual providing the service; and ``(vi) the time the service begins and ends. ``(B) The term `home health care services' means services described in section 1905(a)(7) provided under a State plan under this title (or under a waiver of the plan). ``(C) The term `personal care services' means personal care services provided under a State plan under this title (or under a waiver of the plan), including services provided under section 1905(a)(24), 1915(c), 1915(i), 1915(j), or 1915(k) or under a waiver under section 1115.''. (b) Rules of Construction.-- (1) No employer-employee relationship established.--Nothing in the amendment made by this section may be construed as establishing an employer-employee relationship between the agency or entity that provides for personal care services or home health care services and the individuals who, under a contract with such an agency or entity, furnish such services for purposes of part 552 of title 29, Code of Federal Regulations (or any successor regulations). (2) No particular or uniform electronic visit verification system required.--Nothing in the amendment made by this section shall be construed to require the use of a particular or uniform electronic visit verification system (as defined in subsection (l)(4) of section 1903 of the Social Security Act (42 U.S.C. 1396b), as inserted by subsection (a)) by all agencies or entities that provide personal care services or home health care services under a State plan under title XIX of the Social Security Act (or under a waiver of the plan). (3) No limits on provision of care.--Nothing in the amendment made by this section may be construed to limit, with respect to personal care services or home health care services provided under a State plan under title XIX of the Social Security Act (or under a waiver of the plan), provider selection, constrain beneficiaries' selection of a caregiver, or impede the manner in which care is delivered.

Verifying Electronically the Receipt of In-Home Care For Individuals Act or the VERIFI Act This bill amends titles XVIII (Medicare) and XIX (Medicaid) of the Social Security Act to require the use of electronic visit verification systems for certain services under the Medicare and Medicaid programs. An "electronic visit verification system" is a system under which care-related visits are electronically verified with regard to: (1) the type and date of service, (2) the individual receiving the service, (3) the individual providing the service, (4) the location of service delivery, and (5) the time the service begins and ends. With respect to the Medicare program, a home health agency must have such a system in place for home health services as a condition of participation. In the case of a state Medicaid program that does not require the use of such a system for both personal care services and home health services, the federal medical assistance percentage for medical assistance expended on such services shall be reduced beginning in 2019. These reductions increase incrementally from 0.25% to 1.00% through 2023. With respect to the Medicare program, the Centers for Medicare & Medicaid Services shall establish standards for the systems and must consult with agencies to ensure that such standards: (1) are minimally burdensome, (2) account for existing best practices and electronic visit verifications systems already in use, and (3) require that the systems are conducted in accordance with specified legal requirements related to privacy and security. In regard to a state Medicaid program, a state shall do the same.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Evidence-Based Policymaking Commission Act of 2014''. SEC. 2. ESTABLISHMENT. There is established in the executive branch a commission to be known as the ``Commission on Evidence-Based Policymaking'' (in this Act referred to as the ``Commission''). SEC. 3. MEMBERS OF THE COMMISSION. (a) Number and Appointment.--The Commission shall be comprised of 15 members as follows: (1) Three shall be appointed by the President, of whom-- (A) 1 shall be an academic researcher, data expert, or have experience in program administration; (B) 1 shall have expertise in database management, confidentiality, and privacy matters; and (C) 1 shall be the Director of the Office of Management and Budget (or the Director's designee). (2) Three shall be appointed by the Speaker of the House of Representatives, of whom-- (A) 2 shall be academic researchers, data experts, or have experience in program administration; and (B) 1 shall have expertise in database management, confidentiality, and privacy matters. (3) Three shall be appointed by the Minority Leader of the House of Representatives, of whom-- (A) 2 shall be academic researchers, data experts, or have experience in program administration; and (B) 1 shall have expertise in database management, confidentiality, and privacy matters. (4) Three shall be appointed by the Majority Leader of the Senate, of whom-- (A) 2 shall be academic researchers, data experts, or have experience in program administration; and (B) 1 shall have expertise in database management, confidentiality, and privacy matters. (5) Three shall be appointed by the Minority Leader of the Senate, of whom-- (A) 2 shall be academic researchers, data experts, or have experience in program administration; and (B) 1 shall have expertise in database management, confidentiality, and privacy matters. (b) Expertise.--In making appointments under this section, consideration should be given to individuals with expertise in economics, statistics, program evaluation, data security, confidentiality, or database management. (c) Chairperson and Co-Chairperson.--The President shall select the chairperson of the Commission and the Speaker of the House of Representatives shall select the co-chairperson. (d) Timing of Appointments.--Appointments to the Commission shall be made not later than 45 days after the date of enactment of this Act. (e) Terms; Vacancies.--Each member shall be appointed for the duration of the Commission. Any vacancy in the Commission shall not affect its powers, and shall be filled in the manner in which the original appointment was made. (f) Compensation.--Members of the Commission shall serve without pay. (g) Travel Expenses.--Each member of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission. SEC. 4. DUTIES OF THE COMMISSION. (a) Study of Data.--The Commission shall conduct a comprehensive study of the data inventory, data infrastructure, and statistical protocols related to Federal policymaking and the statistical and programmatic agencies responsible for maintaining that data to-- (1) determine the optimal arrangement for which administrative data on Federal programs and tax expenditures and related data series may be integrated and made available to facilitate program evaluation, policy-relevant research, and cost-benefit analyses by qualified researchers and institutions; (2) make recommendations on how data infrastructure and protocols should be modified to best fulfill the objectives identified in paragraph (1); and (3) make recommendations on how best to incorporate outcomes measurement, institutionalize randomized controlled trials, and rigorous impact analysis into program design. (b) Clearinghouse.--In undertaking the study required by subsection (a), the Commission shall consider if and how to create a clearinghouse for program and survey data, which shall include evaluation of-- (1) what administrative datasets that are relevant for program evaluation and Federal policy-making should be included in a potential clearinghouse; (2) which survey datasets the administrative datasets identified in paragraph (1) may be linked to, in addition to linkages across administrative data series; (3) what are the legal and administrative barriers to including or linking these data series; (4) what data-sharing infrastructure should be used to facilitate data merging and access for research purposes; (5) how a clearinghouse could be self-funded; (6) which types of qualified researchers, officials, and institutions should have access to data; (7) what limitations should be placed on the use of data provided; (8) how to protect information and ensure individual privacy and confidentiality; (9) how the data and results of research can be used to inform program administrators and policymakers to improve program design; and (10) what incentives may facilitate interagency sharing of information to improve programmatic effectiveness and enhance data accuracy and comprehensiveness. (c) Report.--Upon the affirmative vote of at least three-quarters of the members of the Commission, the Commission shall submit to the President and Congress a detailed statement of its findings and conclusions as a result of the study required by subsection (a), together with its recommendations for such legislation or administrative actions as the Commission considers appropriate in light of the results of the study. (d) Deadline.--The report under subsection (c) shall be submitted not later than the date that is 15 months after the date a majority of the members of the Commission are appointed pursuant to section 3. (e) Definition.--In this section, the term ``administrative data'' means information, in whatever form, generated or collected by an agency in carrying out a Federal program, including any customer service measure, efficiency measure, milestone, outcome measure, or performance indicator, as those terms are defined in section 1115(h) of title 31, United States Code. SEC. 5. OPERATION AND POWERS OF THE COMMISSION. (a) Administrative Assistance.--The heads of the following agencies shall advise and consult with the Commission on matters within their respective areas of responsibility: (1) The Office of Management and Budget. (2) The Bureau of the Census. (3) The Internal Revenue Service. (4) The Bureau of Economic Analysis. (5) The Bureau of Labor Statistics. (6) The Department of Health and Human Services. (7) The Department of Agriculture. (8) The Department of Housing and Urban Development. (9) The Social Security Administration. (10) The Department of Education. (11) The Department of Justice. (12) Any other agency, as determined by the Commission. (b) Meetings.--The Commission shall meet not later than 30 days after the date upon which a majority of its members have been appointed and at such times thereafter as the chairperson or co-chairperson shall determine. (c) Rules of Procedure.--The chairperson and co-chairperson shall, with the approval of a majority of the members of the Commission, establish written rules of procedure for the Commission, which shall include a quorum requirement to conduct the business of the Commission. (d) Hearings.--The Commission may, for the purpose of carrying out this Act, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate. (e) Contracts.--Subject to the availability of appropriations, the Commission may contract with and compensate government and private agencies or persons for any purpose necessary to enable it to carry out this Act. (f) Mails.--The Commission may use the United States mails in the same manner and under the same conditions as other agencies of the Federal Government. (g) Gifts.--The Commission may accept, use, and dispose of gifts or donations of services or property. (h) Census Bureau and NAPA.--Subject to the availability of appropriations, the Director of the Census shall contract with the National Academy of Public Administration to administer the Commission. (i) Funding.-- (1) In general.--Subject to the availability of appropriations, at the request of the Director of the Census, the principal statistical agencies shall provide funds, in a total amount not to exceed $2,000,000, to the Director for purposes of funding the operations of the Commission. (2) Definition.--In this subsection, the term ``principal statistical agency'' has the meaning given that term in the report, published by the Office of Management and Budget, entitled ``Statistical Programs of the United States Government, Fiscal Year 2014''. SEC. 6. PERSONNEL. (a) Director.--The Commission shall have a Director who shall be appointed by the chairperson with the concurrence of the co- chairperson. The Director shall be paid at a rate of pay established by the chairperson and co-chairperson, not to exceed the annual rate of basic pay payable for level V of the Executive Schedule (section 5316 of title 5, United States Code). (b) Staff.--The Director may appoint and fix the pay of additional staff as the Director considers appropriate. (c) Experts and Consultants.--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 to exceed the daily equivalent of the annual rate of basic pay for a comparable position paid under the General Schedule. SEC. 7. TERMINATION. The Commission shall terminate not later than 18 months after the date of enactment of this Act.

Evidence-Based Policymaking Commission Act of 2014 - Establishes in the executive branch a Commission on Evidence-Based Policymaking. Directs the Commission to conduct a comprehensive study of the data inventory, data infrastructure, and statistical protocols related to federal policymaking and the statistical and programmatic agencies responsible for maintaining that data to: determine the optimal arrangement for which administrative data on federal programs and tax expenditures and related data series may be integrated and made available to facilitate program evaluation, policy-relevant research, and cost-benefit analyses by qualified researchers and institutions; make recommendations on how data infrastructure and protocols should be modified to best fulfill those objectives; and make recommendations on how best to incorporate outcomes measurement, institutionalize randomized controlled trials, and rigorous impact analysis into program design. Requires the Commission to consider if and how to create a clearinghouse for program and survey data. Terminates the Commission not later than 18 months after enactment of this Act.

SECTION 1. SHORT TITLE. This Act may be cited as the ``International Anti-Corruption and Good Governance Act of 2000''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--The Congress finds the following: (1) Widespread corruption endangers the stability and security of societies, undermines democracy, and jeopardizes the social, political, and economic development of a society. (2) Corruption facilitates criminal activities, such as money laundering, hinders economic development, inflates the costs of doing business, and undermines the legitimacy of the government and public trust. (3) In January 1997 the United Nations General Assembly adopted a resolution urging member states to carefully consider the problems posed by the international aspects of corrupt practices and to study appropriate legislative and regulatory measures to ensure the transparency and integrity of financial systems. (4) The United States was the first country to criminalize international bribery through the enactment of the Foreign Corrupt Practices Act of 1977 and United States leadership was instrumental in the passage of the Organization for Economic Cooperation and Development (OECD) Convention on Combatting Bribery of Foreign Public Officials in International Business Transactions. (5) The Vice President, at the Global Forum on Fighting Corruption in 1999, declared corruption to be a direct threat to the rule of law and the Secretary of State declared corruption to be a matter of profound political and social consequence for our efforts to strengthen democratic governments. (6) The Secretary of State, at the Inter-American Development Bank's annual meeting in March 2000, declared that despite certain economic achievements, democracy is being threatened as citizens grow weary of the corruption and favoritism of their official institutions and that efforts must be made to improve governance if respect for democratic institutions is to be regained. (7) In May 1996 the Organization of American States (OAS) adopted the Inter-American Convention Against Corruption requiring countries to provide various forms of international cooperation and assistance to facilitate the prevention, investigation, and prosecution of acts of corruption. (8) Independent media, committed to fighting corruption and trained in investigative journalism techniques, can both educate the public on the costs of corruption and act as a deterrent against corrupt officials. (9) Competent and independent judiciary, founded on a merit-based selection process and trained to enforce contracts and protect property rights, is critical for creating a predictable and consistent environment for transparency in legal procedures. (10) Independent and accountable legislatures, responsive political parties, and transparent electoral processes, in conjunction with professional, accountable, and transparent financial management and procurement policies and procedures, are essential to the promotion of good governance and to the combat of corruption. (11) Transparent business frameworks, including modern commercial codes and intellectual property rights, are vital to enhancing economic growth and decreasing corruption at all levels of society. (12) The United States should attempt to improve accountability in foreign countries, including by-- (A) promoting transparency and accountability through support for independent media, promoting financial disclosure by public officials, political parties, and candidates for public office, open budgeting processes, adequate and effective internal control systems, suitable financial management systems, and financial and compliance reporting; (B) supporting the establishment of audit offices, inspectors general offices, third party monitoring of government procurement processes, and anti-corruption agencies; (C) promoting responsive, transparent, and accountable legislatures that ensure legislative oversight and whistle-blower protection; (D) promoting judicial reforms that criminalize corruption and promoting law enforcement that prosecutes corruption; (E) fostering business practices that promote transparent, ethical, and competitive behavior in the private sector through the development of an effective legal framework for commerce, including anti-bribery laws, commercial codes that incorporate international standards for business practices, and protection of intellectual property rights; and (F) promoting free and fair national, state, and local elections. (b) Purpose.--The purpose of this Act is to ensure that United States assistance programs promote good governance by assisting other countries to combat corruption throughout society and to improve transparency and accountability at all levels of government and throughout the private sector. SEC. 3. DEVELOPMENT ASSISTANCE POLICIES. (a) General Policy.--Section 101(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2151(a)) is amended in the fifth sentence-- (1) by striking ``four'' and inserting ``five''; (2) in paragraph (3), by striking ``and'' at the end; (3) in paragraph (4), by striking the period at the end and inserting ``; and''; and (4) by adding at the end the following: ``(5) the promotion of good governance through combating corruption and improving transparency and accountability.'' . (b) Development Assistance Policy.--Paragraph (4) of the third sentence of section 102(b) of the Foreign Assistance Act of 1961 (22 U.S.C. 2151-1(b)) is amended-- (1) in subparagraph (E), by striking ``and'' at the end; (2) in subparagraph (F), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(G) progress in combating corruption and improving transparency and accountability in the public and private sector.''. SEC. 4. DEPARTMENT OF THE TREASURY TECHNICAL ASSISTANCE PROGRAM FOR DEVELOPING COUNTRIES. Section 129(b) of the Foreign Assistance Act of 1961 (22 U.S.C. 2151aa(b)) is amended by adding at the end the following: ``(3) Emphasis on anti-corruption.--Such technical assistance shall include elements designed to combat anti- competitive, unethical and corrupt activities, including protection against actions that may distort or inhibit transparency in market mechanisms and, to the extent applicable, privatization procedures.''. SEC. 5. AUTHORIZATION OF GOOD GOVERNANCE PROGRAMS. (a) In General.--Chapter 1 of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) is amended by adding at the end the following: ``SEC. 131. PROGRAMS TO ENCOURAGE GOOD GOVERNANCE. ``(a) Establishment of Programs.-- ``(1) In general.--The President is authorized to establish programs that combat corruption, improve transparency and accountability, and promote other forms of good governance in countries described in paragraph (2). ``(2) Countries described.--A country described in this paragraph is a country that is eligible to receive assistance under this part (including chapter 4 of part II of this Act) or the Support for East European Democracy (SEED) Act of 1989. ``(3) Priority.--In carrying out paragraph (1), the President shall give priority to establishing programs in countries that received a significant amount of United States foreign assistance for the prior fiscal year, or in which the United States has a significant economic interest, and that continue to have the most persistent problems with public and private corruption. In determining which countries have the most persistent problems with public and private corruption under the preceding sentence, the President shall take into account criteria such as the Transparency International Annual Corruption Perceptions Index, standards and codes set forth by the International Bank for Reconstruction and Development and the International Monetary Fund, and other relevant criteria. ``(4) Requirement.--Assistance provided for countries under programs established pursuant to paragraph (1) may be made available notwithstanding any other provision of law that restricts assistance to foreign countries (other than section 620A of this Act or any other comparable provision of law). ``(b) Specific Projects and Activities.--The programs established pursuant to subsection (a) shall include, to the extent appropriate, projects and activities that-- ``(1) support responsible independent media to promote oversight of public and private institutions; ``(2) implement financial disclosure among public officials, political parties, and candidates for public office, open budgeting processes, and transparent financial management systems; ``(3) support the establishment of audit offices, inspectors general offices, third party monitoring of government procurement processes, and anti-corruption agencies; ``(4) promote responsive, transparent, and accountable legislatures that ensure legislative oversight and whistle- blower protection; ``(5) promote legal and judicial reforms that criminalize corruption and law enforcement reforms and development that encourage prosecutions of criminal corruption; ``(6) assist in the development of a legal framework for commercial transactions that fosters business practices that promote transparent, ethical, and competitive behavior in the economic sector, such as commercial codes that incorporate international standards and protection of intellectual property rights; ``(7) promote free and fair national, state, and local elections; ``(8) foster public participation in the legislative process and public access to government information; and ``(9) engage civil society in the fight against corruption. ``(c) Conduct of Projects and Activities.--Projects and activities under the programs established pursuant to subsection (a) may include, among other things, training and technical assistance (including drafting of anti-corruption, privatization, and competitive statutory and administrative codes), drafting of anti-corruption, privatization, and competitive statutory and administrative codes, support for independent media and publications, financing of the program and operating costs of nongovernmental organizations that carry out such projects or activities, and assistance for travel of individuals to the United States and other countries for such projects and activities. ``(d) Annual Report.-- ``(1) In general.--The President shall prepare and transmit to the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate an annual report on-- ``(A) projects and activities carried out under programs established under subsection (a) for the prior year in priority countries identified pursuant to subsection (a)(3); and ``(B) projects and activities carried out under programs to combat corruption, improve transparency and accountability, and promote other forms of good governance established under other provisions of law for the prior year in such countries. ``(2) Required contents.--The report required by paragraph (1) shall contain the following information with respect to each country described in paragraph (1): ``(A) A description of all United States Government-funded programs and initiatives to combat corruption and improve transparency and accountability in the country. ``(B) A description of United States diplomatic efforts to combat corruption and improve transparency and accountability in the country. ``(C) An analysis of major actions taken by the government of the country to combat corruption and improve transparency and accountability in the country. ``(e) Funding.--Amounts made available to carry out the other provisions of this part (including chapter 4 of part II of this Act) and the Support for East European Democracy (SEED) Act of 1989 shall be made available to carry out this section.''. (b) Deadline for Initial Report.--The initial annual report required by section 131(d)(1) of the Foreign Assistance Act of 1961, as added by subsection (a), shall be transmitted not later than 180 days after the date of the enactment of this Act. Passed the House of Representatives July 25, 2000. Attest: Jeff Trandahl Clerk.

Amends the Foreign Assistance Act of 1961 to require technical assistance provided by a certain program to foreign governments and foreign central banks of developing or transitional countries also to include elements designed to combat anti-competitive, unethical, and corrupt activities, including protection against actions that may distort or inhibit transparency in market mechanisms and, to the extent applicable, privatization procedures. Authorizes the President to establish programs that combat corruption, improve transparency and accountability, and promote other forms of good governance in developing countries or countries eligible to receive assistance under the Support for East European Democracy (SEED) Act of 1989. Requires the President to give priority to establishing programs in countries that received a significant amount of U.S. foreign assistance for the prior fiscal year, or in which the United States has a significant economic interest, and that continue to have the most persistent problems with public and private corruption. Requires the President to report to specified congressional committees with respect to such programs. Authorizes appropriations.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Durbin-Kennedy Empire State Building Counter-Terrorism Act of 1997.'' SEC. 2. FIREARMS. Section 922 of title 18, United States Code, is amended-- (1) in subsection (d), by striking paragraph (5) and inserting the following: ``(5) who, being an alien-- ``(A) is illegally or unlawfully in the United States; or ``(B) except as provided in subsection (y)(2), has been admitted to the United States under a nonimmigrant visa (as that term is defined in section 101(a)(26) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(26));''; (2) in subsection (g), by striking paragraph (5) and inserting the following: ``(5) who, being an alien-- ``(A) is illegally or unlawfully in the United States; or ``(B) except as provided in subsection (y)(2), has been admitted to the United States under a nonimmigrant visa (as that term is defined in section 101(a)(26) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(26));''; (3) in subsection (s)(3)(B), by striking clause (v) and inserting the following: ``(v) is not an alien who-- ``(I) is illegally or unlawfully in the United States; or ``(II) subject to subsection (y)(2), has been admitted to the United States under a nonimmigrant visa (as that term is defined in section 101(a)(26) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(26));''; and (4) by inserting after subsection (x) the following: ``(y) Provisions Relating to Aliens Admitted Under Nonimmigrant Visas.-- ``(1) Definitions.--In this subsection-- ``(A) the term `alien' has the same meaning as in section 101(a)(3) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(3)); and ``(B) the term `nonimmigrant visa' has the same meaning as in section 101(a)(26) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(26)); and ``(2) Exceptions.-- ``(A) In general.--Subsections (d)(5)(B), (g)(5)(B), and (s)(3)(B)(v)(II) do not apply to any alien who has been lawfully admitted to the United States under a nonimmigrant visa, if that alien is-- ``(i) admitted to the United States for lawful hunting or sporting purposes; ``(ii) an official representative of a foreign government who is-- ``(I) accredited to the United States Government or the government's mission to an international organization having its headquarters in the United States; or ``(II) en route to or from another country to which that alien is accredited; ``(iii) an official of a foreign government or a distinguished foreign visitor who has been so designated by the Department of State; or ``(iv) a foreign law enforcement officer of a friendly foreign government entering the United States on official law enforcement business. ``(3) Waiver.-- ``(A) Conditions for waiver.--Any individual who has been admitted to the United States under a nonimmigrant visa may receive a waiver from the requirements of subsection (g)(5), if-- ``(i) the individual submits to the Attorney General a petition that meets the requirements of subparagraph (C); and ``(ii) the Attorney General approves the petition. ``(B) Petition.--Each petition under subparagraph (B) shall-- ``(i) demonstrate that the petitioner has resided in the United States for a continuous period of not less than 180 days before the date on which the petition is submitted under this paragraph; and ``(ii) include a written statement from the embassy or consulate of the petitioner, authorizing the petitioner to acquire a firearm or ammunition and certifying that the alien would not, absent the application of subsection (g)(5)(B), otherwise be prohibited from such acquisition under subsection (g). ``(C) Approval of petition.--The Attorney General shall approve a petition submitted in accordance with this paragraph, if the Attorney General determines that waiving the requirements of subsection (g)(5)(B) with respect to the petitioner-- ``(i) would be in the interests of justice; and ``(ii) would not jeopardize the public safety.''.

Durbin-Kennedy Empire State Building Counter-Terrorism Act of 1997 - Amends the Brady Handgun Violence Prevention Act to prohibit the disposition of a firearm or ammunition to, and the possession of a firearm or ammunition by, an alien who has been admitted to the United States under a nonimmigrant visa. Requires the statement required from a firearms transferee to contain a statement that the transferee is not an alien who has been admitted to the United States under a nonimmigrant visa. Sets forth provisions regarding: (1) exceptions for aliens admitted to the United States for lawful hunting or sporting purposes and for certain official government representatives, officials, distinguished foreign visitors, and foreign law enforcement officers; and (2) waivers.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Pediatric Diabetes Research and Prevention Act''. SEC. 2. PROGRAMS REGARDING DIABETES IN CHILDREN AND YOUTH. (a) National Registry on Juvenile Diabetes.--The Secretary of Health and Human Services (in this section referred to as the ``Secretary''), acting through the Director of the Centers for Disease Control and Prevention, shall develop a system to collect data on juvenile diabetes, including with respect to incidence and prevalence, and shall establish a national database for such data. (b) Long-Term Epidemiology Studies on Juvenile Diabetes.-- (1) In general.--The Secretary, acting through the Director of the National Institutes of Health, shall conduct or support long-term epidemiology studies in which individuals with type 1, or juvenile, diabetes are followed for 10 years or more. Such studies shall, in order to provide a valuable resource for the purposes specified in paragraph (2), provide for complete characterization of disease manifestations, appropriate medical history, elucidation of environmental factors, delineation of complications, results of usual medical treatment and a variety of other potential valuable (such as samples of blood). (2) Purposes.--The purposes referred to in paragraph (1) with respect to type 1 diabetes are the following: (A) Delineation of potential environmental triggers thought precipitating or causing type 1 diabetes. (B) Delineation of those clinical characteristics or lab measures associated with complications of the disease. (C) Potential study population to enter into clinical trials for prevention and treatment, as well as genetic studies. (c) Type 2 Diabetes in Youth.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall implement a national public health effort to address type 2 diabetes in youth, including-- (1) enhancing surveillance systems and expanding research to better assess the prevalence of type 2 diabetes in youth and determine the extent to which type 2 diabetes is incorrectly diagnosed as type 1 diabetes among children; and (2) assisting States in establishing coordinated school health programs and physical activity and nutrition demonstration programs to control weight and increase physical activity among youth. (d) Clinical Trial Infrastructure/Innovative Treatments for Juvenile Diabetes.--The Secretary, acting through the Director of the National Institutes of Health, shall support regional clinical centers for the cure of juvenile diabetes and shall through such centers provide for-- (1) well-characterized population of children appropriate for study; (2) well-trained clinical scientists able to conduct such trials; (3) appropriate clinical settings able to house such studies; and (4) appropriate statistical capability, data, safety and other monitoring capacity. (e) Development of Vaccine.--The Secretary, acting through the appropriate agencies of the Public Health Service, shall provide for a national effort to develop a vaccine for type 1 diabetes. Such effort shall provide for a combination of increased efforts in research and development of candidate vaccines, coupled with appropriate ability to conduct large clinical trials in children. (f) Loan Repayment Program.--Part G of title IV of the Public Health Service Act (42 U.S.C. 288 et seq.) is amended by inserting after section 487E the following section: ``loan repayment program for research on diabetes in children ``Sec. 487F. (a) In General.--The Secretary, in consultation with the Director of the National Institute of Diabetes and Digestive and Kidney Diseases, shall establish a program of entering into contracts with qualified health professionals (including graduate students) under which such health professionals agree to conduct research regarding diabetes in children in consideration of the Federal Government agreeing to repay, for each year of such service, not more than $35,000 of the principal and interest of the educational loans of such health professionals. ``(b) Adjustments Regarding Cost of Living.--With respect to the limitation established in subsection (a) on the annual amount of repayment that may be made, the Secretary may make such periodic adjustments to the limitation to reflect increases in the cost of living as the Secretary deems necessary. ``(c) Applicability of Certain Provisions.--With respect to the National Health Service Corps Loan Repayment Program established in subpart III of part D of title III, the provisions of such subpart shall, except as inconsistent with subsection (a) of this section, apply to the program established in such subsection (a) in the same manner and to the same extent as such provisions apply to the National Health Service Corps Loan Repayment Program established in such subpart. ``(d) Definition.--For purposes of this section, the term `diabetes in children' includes Type 1 diabetes in children and Type 2 diabetes in children. ``(e) Authorization of Appropriations.--For the purpose of carrying out this section, there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2001 through 2005. Amounts available for carrying out this section shall remain available until the expiration of the second fiscal year beginning after the fiscal year for which the amounts were made available.''. (g) Authorization of Appropriations.--For the purpose of carrying out this section, there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2001 through 2004.

Directs the Secretary, acting through the Director of the National Institutes of Health, to conduct or support long-term epidemiology studies in which individuals with type 1, or juvenile, diabetes are followed for 10 years or more. Authorizes appropriations.

SECTION 1. ESTABLISHMENT OF COMMISSION. There is established in the legislative branch the United States Commission on Planetary Defense (in this Act referred to as the ``Commission''). SEC. 2. PURPOSES. The purposes of the Commission are to-- (1) determine capabilities of United States Government entities, nongovernment organizations, foreign governments and entities, and international bodies to detect, characterize, and neutralize potentially dangerous Near Earth Objects (in this Act referred to as ``NEOs''); (2) identify and evaluate roles and responsibilities of United States Government entities to detect, characterize, and neutralize potentially dangerous NEOs; (3) determine United States effectiveness in leading international efforts to detect, characterize, and neutralize potentially dangerous NEOs; (4) build upon United States Government and foreign analyses, studies, and assessments, without duplicating efforts, to determine current and required NEO characterization and mitigation capabilities; (5) identify and report on technology development required to provide effective planetary defense from dangerous NEOs; and (6) investigate and report to the President and Congress on its findings, conclusions, and recommendations for corrective measures that can be taken to provide planetary defense. SEC. 3. COMPOSITION OF COMMISSION. (a) Members.--The Commission shall be composed of 7 members, of whom-- (1) 1 member shall be appointed by the Chairman of the Committee on Science and Technology of the House of Representatives, who shall serve as chairman of the Commission; (2) 1 member shall be appointed by the Chairman of the Committee on Commerce, Science, and Transportation of the Senate, who shall serve as vice chairman of the Commission; (3) 1 member shall be appointed by the Chairman of the Committee on Science and Technology of the House of Representatives; (4) 2 members shall be appointed by the Ranking Minority Member of the Committee on Science and Technology of the House of Representatives; (5) 1 member shall be appointed by the Chairman of the Committee on Commerce, Science, and Transportation of the Senate; and (6) 1 member shall be appointed by the Ranking Minority Member of the Committee on Commerce, Science, and Transportation of the Senate. (b) Qualifications; Initial Meeting.-- (1) Nongovernmental appointees.--An individual appointed to the Commission may be an officer or employee of the Federal Government or any State or local government. (2) Other qualifications.--Individuals appointed to the Commission shall be prominent United States citizens, with national recognition and significant depth of experience in astronomy, geology, physics, nuclear weapons systems, space systems, advanced technology, foreign affairs, or other relevant disciplines. (3) Deadline for appointment.--All members of the Commission shall be appointed on or before [_____, 2010]. (4) Initial meeting.--The Commission shall meet and begin the operations of the Commission as soon as practicable. (c) Quorum; Vacancies.--After its initial meeting, the Commission shall meet upon the call of the chairman or a majority of its members. Four members of the Commission shall constitute a quorum. Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner in which the original appointment was made. SEC. 4. FUNCTIONS OF COMMISSION. (a) In General.--The functions of the Commission are as follows: (1) Identify, review, and evaluate the structure, coordination, management policies, and procedures of the Federal Government, and, as appropriate, international bodies, and nongovernmental entities, relative to detecting, characterizing, mitigating, and over all response efforts to dangerous NEOs. (2) Assess United States and foreign technology readiness levels required to provide effective planetary defense and make recommendations to develop required technologies, including NEO detection and characterization systems, spacecraft, propulsion systems, nuclear devices, high order explosive systems, modeling and simulation capabilities, and laser systems. (3) Submit to the President and Congress such reports as are required by this Act containing such findings, conclusions, and recommendations as the Commission shall determine, including proposing organization, coordination, planning, management arrangements, procedures, rules, and regulations. SEC. 5. POWERS OF COMMISSION. (a) In General.-- (1) Hearings and evidence.--The Commission or, on the authority of the Commission, any subcommittee or member thereof, may, for the purpose of carrying out this Act-- (A) hold such hearings and sit and act at such times and places, take such testimony, receive such evidence, and administer such oaths. (b) Contracting.--The Commission may, to such extent and in such amounts as are provided in appropriation Acts, enter into contracts to enable the Commission to discharge its duties under this Act. (c) Information From Federal Agencies.-- (1) In general.--The Commission is authorized to secure directly from any executive department, bureau, agency, board, commission, office, independent establishment, or instrumentality of the Government, information, suggestions, estimates, and statistics for the purposes of this Act. Each department, bureau, agency, board, commission, office, independent establishment, or instrumentality shall, to the extent authorized by law, furnish such information, suggestions, estimates, and statistics directly to the Commission, upon request made by the chairman, the chairman of any subcommittee created by a majority of the Commission, or any member designated by a majority of the Commission. (2) Receipt, handling, storage, and dissemination.-- Information shall only be received, handled, stored, and disseminated by members of the Commission and its staff consistent with all applicable statutes, regulations, and Executive orders. (d) Assistance From Federal Agencies.-- (1) General services administration.--The Administrator of General Services shall provide to the Commission on a reimbursable basis administrative support and other services for the performance of the Commission's functions. (2) Other departments and agencies.--In addition to the assistance prescribed in paragraph (1), departments and agencies of the United States may provide to the Commission such services, funds, facilities, staff, and other support services as they may determine advisable and as may be authorized by law. (e) Gifts.--The Commission may accept, use, and dispose of gifts or donations of services or property. (f) Postal Services.--The Commission may use the United States mails in the same manner and under the same conditions as departments and agencies of the United States. SEC. 6. NONAPPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT. (a) In General.--The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Commission. (b) Public Meetings and Release of Public Versions of Reports.--The Commission shall-- (1) hold public hearings and meetings to the extent appropriate; and (2) release public versions of the reports required under section 10(a) and (b). (c) Public Hearings.--Any public hearings of the Commission shall be conducted in a manner consistent with the protection of information provided to or developed for or by the Commission as required by any applicable statute, regulation, or Executive order. SEC. 7. STAFF OF COMMISSION. (a) In General.-- (1) Appointment and compensation.--The chairman, in consultation with vice chairman, in accordance with rules agreed upon by the Commission, may appoint and fix the compensation of a staff director and such other personnel as may be necessary to enable the Commission to carry out its functions, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, except that no rate of pay fixed under this paragraph may exceed the equivalent of that payable for a position at level V of the Executive Schedule under section 5316 of title 5, United States Code. (2) Personnel as federal employees.-- (A) In general.--The executive director and any personnel of the Commission who are employees shall be employees under section 2105 of title 5, United States Code, for purposes of chapters 63, 81, 83, 84, 85, 87, 89, and 90 of that title. (B) Members of commission.--Subparagraph (A) shall not be construed to apply to members of the Commission. (b) Detailees.--Any Federal Government employee may be detailed to the Commission without reimbursement from the Commission, and such detailee shall retain the rights, status, and privileges of his or her regular employment without interruption. (c) Consultant Services.--The Commission is authorized to procure the services of experts and consultants in accordance with section 3109 of title 5, United States Code, but at rates not to exceed the daily rate paid a person occupying a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code. SEC. 8. COMPENSATION AND TRAVEL EXPENSES. (a) Compensation.--Each member of the Commission may be compensated at not to exceed the daily equivalent of the annual rate of basic pay in effect for a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day during which that member is engaged in the actual performance of the duties of the Commission. (b) Travel Expenses.--While away from their homes or regular places of business in the performance of services for the Commission, members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in the Government service are allowed expenses under section 5703(b) of title 5, United States Code. SEC. 9. SECURITY CLEARANCES FOR COMMISSION MEMBERS AND STAFF. The appropriate Federal agencies or departments shall cooperate with the Commission in expeditiously providing to the Commission members and staff appropriate security clearances to the extent possible pursuant to existing procedures and requirements, except that no person shall be provided with access to classified information under this Act without the appropriate security clearances. SEC. 10. REPORTS OF COMMISSION; TERMINATION. (a) Interim Reports.--The Commission may submit to the President and Congress interim reports containing such findings, conclusions, and recommendations for corrective measures as have been agreed to by a majority of Commission members. (b) Final Report.--Not later than 18 months after the date of enactment of this Act, the Commission shall submit to the President and Congress a final report containing such findings, conclusions, and recommendations for corrective measures as have been agreed to by a majority of Commission members. (c) Termination.-- (1) In general.--The Commission, and all the authorities of this Act, shall terminate 120 days after the date on which the final report is submitted under subsection (b). (2) Administrative activities before termination.--The Commission may use the 120-day period referred to in paragraph (1) for the purpose of concluding its activities, including providing testimony to committees of Congress concerning its reports and disseminating the final report. SEC. 11. FUNDING. [(a) Transfer From the ____.--Of the amounts authorized to be appropriated by this Act and made available in Public Law _____ not to exceed $2,000,000 shall be available for transfer to the Commission for purposes of the activities of the Commission under this Act.] (b) Duration of Availability.--Amounts made available to the Commission under subsection (a) shall remain available until the termination of the Commission.

Establishes in the legislative branch the United States Commission on Planetary Defense to: (1) review the structure, coordination, management policies, and procedures of the federal government, and as appropriate, international bodies, and nongovernmental entities, relative to the detection, characterization, mitigation, and over all response efforts to dangerous Near-Earth Objects (NEOs); (2) assess U.S. and foreign technology readiness levels required to provide effective planetary defense and make recommendations to develop required technologies, including NEO detection and characterization systems, spacecraft, nuclear devices, and laser systems; and (3) submit interim reports and a final report to the President and Congress containing such findings, conclusions, and recommendations as the Commission shall determine for corrective measures. Sets forth provisions regarding the membership, powers, and staff of the Commission.

SECTION 1. SHORT TITLE. This Act may be cited as the ``United States Virgin Islands College Access Act of 2015''. SEC. 2. PURPOSE. It is the purpose of this Act to establish a program that enables college-bound residents of the United States Virgin Islands to have greater choices among institutions of higher education. SEC. 3. PUBLIC SCHOOL GRANTS. (a) Grants.-- (1) In general.--From amounts appropriated under subsection (i), the Governor shall award grants to eligible institutions that enroll eligible students to pay the difference between the tuition and fees charged for in-State students and the tuition and fees charged for out-of-State students on behalf of each eligible student enrolled in the eligible institution. (2) Maximum student amounts.--The amount paid on behalf of an eligible student under this section shall be-- (A) not more than $10,000 for any one award year (as defined in section 481 of the Higher Education Act of 1965 (20 U.S.C. 1088)); and (B) not more than $50,000 in the aggregate. (3) Proration.--The Governor shall prorate payments under this section for students who attend an eligible institution on less than a full-time basis. (b) Reduction for Insufficient Appropriations.-- (1) In general.--If the funds appropriated pursuant to subsection (i) for any fiscal year are insufficient to award a grant in the amount determined under subsection (a) on behalf of each eligible student enrolled in an eligible institution, then the Governor, in consultation with the Secretary of Education, shall-- (A) first, ratably reduce the amount of the tuition and fee payment made on behalf of each eligible student who has not received funds under this section for a preceding year; and (B) after making reductions under subparagraph (A), ratably reduce the amount of the tuition and fee payments made on behalf of all other eligible students. (2) Adjustments.--The Governor, in consultation with the Secretary of Education, may adjust the amount of tuition and fee payments made under paragraph (1) based on-- (A) the financial need of the eligible students to avoid undue hardship to the eligible students; or (B) undue administrative burdens on the Governor. (3) Further adjustments.--Notwithstanding paragraphs (1) and (2), the Governor may prioritize the making or amount of tuition and fee payments under this subsection based on the income and need of eligible students. (c) Definitions.--In this section: (1) Eligible institution.--The term ``eligible institution'' means an institution that-- (A) is a public four-year institution of higher education located in one of the several States, the District of Columbia, Puerto Rico, or Guam; (B) is eligible to participate in the student financial assistance programs under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.); and (C) enters into an agreement with the Governor containing such terms and conditions as the Governor and institution may jointly specify, including a requirement that the institution use the funds made available under this section to supplement and not supplant assistance that otherwise would be provided to eligible students from the United States Virgin Islands. (2) Eligible student.--The term ``eligible student'' means an individual who-- (A) was domiciled in the United States Virgin Islands for not less than the 12 consecutive months preceding the commencement of the freshman year at an institution of higher education; (B) graduated from a secondary school in the United States Virgin Islands, or received the recognized equivalent of a secondary school diploma while domiciled in the United States Virgin Islands, on or after January 1, 2013; (C) begins the individual's undergraduate course of study within the three calendar years (excluding any period of service on active duty in the Armed Forces, or service under the Peace Corps Act (22 U.S.C. 2501 et seq.) or subtitle D of title I of the National and Community Service Act of 1990 (42 U.S.C. 12571 et seq.)) of graduation from a secondary school, or obtaining the recognized equivalent of a secondary school diploma; (D) is enrolled or accepted for enrollment, on at least a half-time basis, in a baccalaureate degree or other program (including a program of study abroad approved for credit by the institution at which such student is enrolled) leading to a recognized educational credential at an eligible institution; (E) if enrolled in an eligible institution, is maintaining satisfactory progress in the course of study the student is pursuing in accordance with section 484(c) of the Higher Education Act of 1965 (20 U.S.C. 1091(c)); (F) while enrolled in an eligible institution, maintains the United States Virgin Islands as the individual's principal place of residence for purposes of the laws of the United States Virgin Islands; and (G) has not completed the individual's first undergraduate baccalaureate course of study. (3) Institution of higher education.--The term ``institution of higher education'' has the meaning given the term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001). (4) Governor.--The term ``Governor'' means the Governor of the United States Virgin Islands. (5) Secondary school.--The term ``secondary school'' has the meaning given that term under section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801). (6) Secretary.--The term ``Secretary'' means the Secretary of Education. (d) Construction.--Nothing in this Act shall be construed to require an institution of higher education to alter the institution's admissions policies or standards in any manner to enable an eligible student to enroll in the institution. (e) Applications.--Each student desiring a tuition payment under this section shall submit an application to the eligible institution at such time, in such manner, and accompanied by such information as the eligible institution may require. (f) Administration of Program.-- (1) In general.--The Governor shall carry out the program under this section in consultation with the Secretary. The Governor may enter into a grant, contract, or cooperative agreement with another public or private entity to administer the program under this section if the Governor determines that doing so is a more efficient way of carrying out the program. (2) Policies and procedures.--The Governor, in consultation with institutions of higher education eligible for participation in the program authorized under this section, shall develop policies and procedures for the administration of the program. (3) Memorandum of agreement.--The Governor and the Secretary shall enter into a Memorandum of Agreement that describes-- (A) the manner in which the Governor shall consult with the Secretary with respect to administering the program under this section; and (B) any technical or other assistance to be provided to the Governor by the Secretary for purposes of administering the program under this section (which may include access to the information in the common financial reporting form developed under section 483 of the Higher Education Act of 1965 (20 U.S.C. 1090)). (g) Governor's Report.--The Governor shall report to Congress annually regarding-- (1) the number of eligible students attending each eligible institution and the amount of the grant awards paid to those institutions on behalf of the eligible students; (2) the extent, if any, to which a ratable reduction was made in the amount of tuition and fee payments made on behalf of eligible students; and (3) the progress in obtaining recognized academic credentials of the cohort of eligible students for each year. (h) GAO Report.--Beginning on the date of the enactment of this Act, the Comptroller General of the United States shall monitor the effect of the program assisted under this section on educational opportunities for eligible students. The Comptroller General shall analyze whether eligible students had difficulty gaining admission to eligible institutions because of any preference afforded in-State residents by eligible institutions, and shall expeditiously report any findings regarding such difficulty to Congress and the Governor. In addition, the Comptroller General shall-- (1) analyze the extent to which there are an insufficient number of eligible institutions to which United States Virgin Islands students can gain admission, including admission aided by assistance provided under this Act, due to-- (A) caps on the number of out-of-State students the institution will enroll; (B) significant barriers imposed by academic entrance requirements (such as grade point average and standardized scholastic admissions tests); and (C) absence of admission programs benefitting minority students; and (2) report the findings of the analysis described in paragraph (1) to Congress and the Governor. (i) Authorization of Appropriations.--The United States Virgin Islands is authorized to appropriate to carry out this section, out of non-Federal funds of the United States Virgin Islands, $10,000,000 for each of the fiscal years 2015 through 2020, and such sums as may be necessary for each of the succeeding fiscal years. Such funds shall remain available until expended. (j) Effective Date.--This section shall take effect with respect to payments for periods of instruction that begin on or after January 1, 2015. SEC. 4. GENERAL REQUIREMENTS. (a) Personnel.--The Secretary of Education shall arrange for the assignment of an individual, pursuant to subchapter VI of chapter 33 of title 5, United States Code, to serve as an adviser to the Governor with respect to the programs assisted under this Act. (b) Administrative Expenses.--The Governor may use not more than 5 percent of the funds made available for a program under section 3 for a fiscal year to pay the administrative expenses of a program under section 3 for the fiscal year. (c) Inspector General Review.--Each of the programs assisted under this Act shall be subject to audit and other review by the Inspector General of the Department of Education in the same manner as programs are audited and reviewed under the Inspector General Act of 1978 (5 U.S.C. App.). (d) Gifts.--The Governor may accept, use, and dispose of donations of services or property for purposes of carrying out this Act. (e) Maximum Student Amount Adjustments.--The Governor shall establish rules to adjust the maximum student amounts described in section 3(a)(2)(B) for eligible students described in section 3(c)(2) who transfer between the eligible institutions described in section 3(c)(1)(A).

United States Virgin Islands College Access Act of 2015 This bill directs the U.S. Virgin Islands to use federal funds authorized by this Act to award grants to public four-year institutions of higher education (IHEs) located in the states, the District of Columbia, Puerto Rico, or Guam to cover the difference between the in-state and out-of-state tuition and fees for students who have: (1) been domiciled in the Virgin Islands for at least the 12 months preceding their enrollment in the IHE; and (2) received on or after January 1, 2013, a secondary school diploma or its equivalent while domiciled there. The Government Accountability Office must monitor the program's effectiveness in expanding educational opportunities for such students.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Drug Competition Act of 2001''. SEC. 2. FINDINGS. Congress finds that-- (1) prescription drug costs are increasing at an alarming rate and are a major worry of senior citizens and American families; (2) there is a potential for drug companies owning patents on brand-name drugs to enter in private financial deals with generic drug companies in a manner that could tend to restrain trade and greatly reduce competition and increase prescription drug costs for American citizens; and (3) enhancing competition between generic drug manufacturers and brand name manufacturers can significantly reduce prescription drug costs to American families. SEC. 3. PURPOSE. The purposes of this Act are-- (1) to provide timely notice to the Department of Justice and the Federal Trade Commission regarding agreements between companies owning patents on brand name drugs and companies who could manufacture generic or bioequivalent versions of such brand name drugs; and (2) by providing timely notice, to-- (A) enhance the effectiveness and efficiency of the enforcement of the antitrust laws of the United States; and (B) deter pharmaceutical companies from engaging in anticompetitive actions or actions that tend to unfairly restrain trade. SEC. 4. DEFINITIONS. In this Act: (1) Agreement.--The term ``agreement'' means an agreement under section 1 of the Sherman Act (15 U.S.C. 1) or section 5 of the Federal Trade Commission Act (15 U.S.C. 45). (2) Antitrust laws.-- The term ``antitrust laws'' has the same meaning as in section 1 of the Clayton Act (15 U.S.C. 12), except that such term includes section 5 of the Federal Trade Commission Act (15 U.S.C. 45) to the extent that such section applies to unfair methods of competition. (3) ANDA.--The term ``ANDA'' means an Abbreviated New Drug Application, as defined under section 505(j) of the Federal Food, Drug and Cosmetic Act (21 U.S.C 355(j)). (4) Brand name drug company.--The term ``brand name drug company'' means a person engaged in the manufacture or marketing of a drug approved under section 505(b) of the Federal Food, Drug and Cosmetic Act (21 U.S.C. 355(b)). (5) Commission.--The term ``Commission'' means the Federal Trade Commission. (6) FDA.--The term ``FDA'' means the United States Food and Drug Administration. (7) Generic drug.--The term ``generic drug'' is a product that the Food and Drug Administration has approved under section 505(j) of the Federal Food, Drug and Cosmetic Act (221 U.S.C. 355(j)). (8) Generic drug applicant.--The term ``generic drug applicant'' means a person who has filed or received approval for an ANDA under section 505(j) of the Federal Food, Drug and Cosmetic Act (21 U.S.C. 355(j)). (9) NDA.--The term ``NDA'' means a New Drug Application, as defined under section 505(b) of the Federal Food, Drug and Cosmetic Act (21 U.S.C. 355(b)) SEC. 5. NOTIFICATION OF AGREEMENTS AFFECTING THE SALE OR MARKETING OF GENERIC DRUGS. A brand name drug manufacturer and a generic drug manufacturer that enter into an agreement-- (1) regarding the sale or manufacture of a generic drug equivalent of a brand name drug that is manufactured by that brand name manufacturer. and (2) which agreement could have the effect of limiting the research, development, manufacture, marketing or selling of a generic drug product that could be approved for sale by the FDA pursuant to an ANDA, shall both file with the Commission and the Attorney General a notice that such an agreement has been entered into, the text of the agreement, an explanation of the purpose and scope of the agreement, and an explanation of whether the agreement could delay, restrain, limit, or in any way interfere with the production, manufacture, or sale of the generic version of the drug in question. SEC. 6. FILING DEADLINES. Any notice, agreement, or other material required to be filed under section 5 shall be filed with the Attorney General and the Commission not later than 10 business days after the date the agreement is executed. SEC. 7. ENFORCEMENT. (a) Civil Fine.--Any person, or any officer, director, or partner thereof, who fails to comply with any provision of this Act shall be liable for a civil penalty of not more than $20,000 for each day during which such person is in violation of this Act. Such penalty may be recovered in a civil action brought by the United States or brought by the Commission in accordance with the procedures established in section 16(a)(1) of the Federal Trade Commission Act (15 U.S.C. 56(a)). (b) Compliance and Equitable Relief.--If any person, or any officer, director, partner, agent, or employee thereof, fails to comply with the notification requirement under section 5 of this Act, the United States district court, for the district in which such person officer, director, partner, agent, or employee thereof resides or does business, may order compliance and grant such other equitable relief as the court in its discretion determines necessary or appropriate, upon application of the Commission or the Assistant Attorney General. SEC. 8. RULEMAKING. The Commission, with the concurrence of the Assistant Attorney General and by rule in accordance with section 553 of title 5, United States Code, consistent with the purposes of this Act-- (1) may require that the notice of an agreement described in section 5 of this Act be in such form and contain such documentary material and information relevant to the agreement as is necessary and appropriate to enable the Commission and the Assistant Attorney General to determine whether such agreement may violate the antitrust laws; (2) may define the terms used in this Act; (3) may exempt classes of persons or agreements from the requirements of this Act; and (4) may prescribe such other rules as may be necessary and appropriate to carry out the purposes of this Act. SEC. 9. EFFECTIVE DATES. This Act shall take effect 90 days after the date of enactment of this Act.

Drug Competition Act of 2001 - Requires brand name drug manufacturers and generic drug manufacturers to notify the Federal Trade Commission and the Attorney General of agreements regarding the sale or manufacture of generic drugs which could have the effect of limiting the research, development, manufacture, marketing, or selling of a generic drug product.

SECTION 1. PRIVATE ACTIONS FOR RELIEF FROM UNFAIR FOREIGN COMPETITION. (a) Clayton Act.--Section 1(a) of the Clayton Act (15 U.S.C. 12) is amended by inserting ``section 801 of the Act of September 8, 1916, entitled `An Act to raise revenue, and for other purposes' (39 Stat. 798; 15 U.S.C. 72);'' after ``nineteen hundred and thirteen;''. (b) Action for Dumping Violations.--Section 801 of the Act of September 8, 1916 (39 Stat. 798; 15 U.S.C. 72) is amended to read as follows: ``Sec. 801. (a) Prohibition.--No person shall import or sell within the United States an article manufactured or produced in a foreign country if-- ``(1) the article is imported or sold within the United States at a United States price that is less than the foreign market value or constructed value of the article; and ``(2) the importation or sale-- ``(A) causes or threatens material injury to industry or labor in the United States; or ``(B) prevents, in whole or in part, the establishment or modernization of any industry in the United States. ``(b) Civil Action.--An interested party whose business or property is injured by reason of an importation or sale in violation of this section may bring a civil action in the United States District Court for the District of Columbia or in the Court of International Trade against-- ``(1) a manufacturer or exporter of the article; or ``(2) an importer of the article into the United States that is related to the manufacturer or exporter of the article. ``(c) Relief.--In an action brought under subsection (b), upon a finding of liability on the part of the defendant, the plaintiff shall-- ``(1)(A) be granted such equitable relief as may be appropriate, which may include an injunction against further importation into, or sale or distribution within, the United States by the defendant of the article in question; or ``(B) if injunctive relief cannot be timely provided or is otherwise inadequate, recover damages for the injuries sustained; and ``(2) recover the costs of the action, including reasonable attorney's fees. ``(d) Standard of Proof.--(1) The standard of proof in an action brought under subsection (b) is a preponderance of the evidence. ``(2) Upon-- ``(A) a prima facie showing of the elements set forth in subsection (a); or ``(B) affirmative final determinations adverse to the defendant that are made by the administering authority and the United States International Trade Commission under section 735 of the Tariff Act of 1930 (19 U.S.C. 1673d) relating to imports of the article in question for the country in which the manufacturer of the article is located, the burden of proof in an action brought under subsection (b) shall be upon the defendant. ``(e) Other Parties.--(1) Whenever, in an action brought under subsection (b), it appears to the court that justice requires that other parties be brought before the court, the court may cause them to be summoned, without regard to where they reside, and the subpoenas to that end may be served and enforced in any judicial district of the United States. ``(2) A foreign manufacturer, producer, or exporter which sells products, or for which products are sold by another party in the United States, shall be treated as having appointed the District Director of the United States Customs Service of the Department of the Treasury for the port through which the product is commonly imported as the true and lawful agent of the manufacturer, producer, or exporter, upon whom may be served all lawful process in any action brought under subsection (b) against the manufacturer, producer, or exporter. ``(f) Limitation.--(1) An action under subsection (b) shall be commenced not later than 4 years after the date on which the cause of action accrued. ``(2) The running of the 4-year period provided in paragraph (1) shall be suspended while there is pending an administrative proceeding under subtitle B of title VII of the Tariff Act of 1930 (19 U.S.C. 1673 et seq.) relating to the product that is the subject of the action or an appeal of a final determination in such a proceeding, and for 1 year thereafter. ``(g) Noncompliance With Court Order.--If a defendant in an action brought under subsection (b) fails to comply with any discovery order or other order or decree of the court, the court may-- ``(1) enjoin the further importation into, or the sale or distribution within, the United States by the defendant of articles that are the same as, or similar to, the articles that are alleged in the action to have been sold or imported under the conditions described in subsection (a) until such time as the defendant complies with the order or decree; or ``(2) take any other action authorized by law or by the Federal Rules of Civil Procedure, including entering judgment for the plaintiff. ``(h) Confidentiality and Privileged Status.--(1) Except as provided in paragraph (2), the confidential or privileged status accorded by law to any documents, evidence, comments, or information shall be preserved in any action brought under subsection (b). ``(2) In an action brought under subsection (b) the court may-- ``(A) examine, in camera, any confidential or privileged material; ``(B) accept depositions, documents, affidavits, or other evidence under seal; and ``(C) disclose such material under such terms and conditions as the court may order. ``(i) Expedition of Action.--An action brought under subsection (b) shall be advanced on the docket and expedited in every way possible. ``(j) Definitions.--For purposes of this section, the terms `United States price', `foreign market value', `constructed value', `subsidy', and `material injury', have the respective meanings given those terms under title VII of the Tariff Act of 1930 (19 U.S.C. 1671 et seq.). ``(k) Subsidy.--If-- ``(1) a subsidy is provided to the manufacturer, producer, or exporter of an article; and ``(2) the subsidy is not included in the foreign market value or constructed value of the article (but for this paragraph), the foreign market value of the article or the constructed value of the article shall be increased by the amount of the subsidy. ``(l) Intervention by the United States.--The court shall permit the United States to intervene in any action brought under subsection (b) as a matter of right. The United States shall have all the rights of a party to such action. ``(m) Nullification of Order.--An order by a court under this section is subject to nullification by the President under authority of section 203 of the International Emergency Economic Powers Act (50 U.S.C. 1702).''. (c) Action for Subsidies Violations.--Title VIII of the Act of September 8, 1916 (39 Stat. 798; 15 U.S.C. 71 et seq.) is amended by adding at the end the following new section: ``Sec. 807. (a) Prohibition.--No person shall import or sell within the United States an article manufactured or produced in a foreign country if-- ``(1) the foreign country, any person who is a citizen or national of the foreign country, or a corporation, association, or other organization organized in the foreign country, is providing (directly or indirectly), a subsidy with respect to the manufacture, production, or exportation of the article; and ``(2) the importation or sale-- ``(A) causes or threatens material injury to industry or labor in the United States; or ``(B) prevents, in whole or in part, the establishment or modernization of any industry in the United States. ``(b) Civil Action.--An interested party whose business or property is injured by reason of an importation or sale in violation of this section may bring a civil action in the United States District Court for the District of Columbia or in the Court of International Trade against-- ``(1) a manufacturer or exporter of the article; or ``(2) an importer of the article into the United States that is related to the manufacturer or exporter of the article. ``(c) Relief.--In an action brought under subsection (b), upon a finding of liability on the part of the defendant, the plaintiff shall-- ``(1)(A) be granted such equitable relief as may be appropriate, which may include an injunction against further importation into, or sale or distribution within, the United States by the defendant of the article in question; or ``(B) if injunctive relief cannot be timely provided or is otherwise inadequate, recover damages for the injuries sustained; and ``(C) recover the costs of the action, including reasonable attorney's fees. ``(d) Standard of Proof.--(1) The standard of proof in an action filed under subsection (b) is a preponderance of the evidence. ``(2) Upon-- ``(A) a prima facie showing of the elements set forth in subsection (a); or ``(B) affirmative final determinations adverse to the defendant that are made by the administering authority and the United States International Trade Commission under section 705 of the Tariff Act of 1930 (19 U.S.C. 1671d) relating to imports of the article in question for the country in which the manufacturer of the article is located, the burden of proof in an action brought under subsection (b) shall be upon the defendant. ``(e) Other Parties.--(1) Whenever, in an action brought under subsection (b), it appears to the court that justice requires that other parties be brought before the court, the court may cause them to be summoned, without regard to where they reside, and the subpoenas to that end may be served and enforced in any judicial district of the United States. ``(2) A foreign manufacturer, producer, or exporter which sells products, or for which products are sold by another party in the United States, shall be treated as having appointed the District Director of the United States Customs Service of the Department of the Treasury for the port through which the product is commonly imported as the true and lawful agent of the manufacturer, producer, or exporter, upon whom may be served all lawful process in any action brought under subsection (b) against the manufacturer, producer, or exporter. ``(f) Limitation.--(1) An action under subsection (b) shall be commenced not later than 4 years after the date on which the cause of action accrued. ``(2) The running of the 4-year period provided in paragraph (1) shall be suspended while there is pending an administrative proceeding under subtitle A of title VII of the Tariff Act of 1930 (19 U.S.C. 1671 et seq.) relating to the product that is the subject of the action or an appeal of a final determination in such a proceeding, and for 1 year thereafter. ``(g) Noncompliance With Court Order.--If a defendant in an action brought under subsection (b) fails to comply with any discovery order or other order or decree of the court, the court may-- ``(1) enjoin the further importation into, or the sale or distribution within, the United States by the defendant of articles that are the same as, or similar to, the articles that are alleged in the action to have been sold or imported under the conditions described in subsection (a) until such time as the defendant complies with the order or decree; or ``(2) take any other action authorized by law or by the Federal Rules of Civil Procedure, including entering judgment for the plaintiff. ``(h) Confidentiality and Privileged Status.--(1) Except as provided in paragraph (2), the confidential or privileged status accorded by law to any documents, evidence, comments, or information shall be preserved in any action brought under subsection (b). ``(2) In an action brought under subsection (b) the court may-- ``(A) examine, in camera, any confidential or privileged material; ``(B) accept depositions, documents, affidavits, or other evidence under seal; and ``(C) disclose such material under such terms and conditions as the court may order. ``(i) Expedition of Action.--An action brought under subsection (b) shall be advanced on the docket and expedited in every way possible. ``(j) Definitions.--For purposes of this section, the terms `subsidy' and `material injury' have the respective meanings given those terms under title VII of the Tariff Act of 1930 (19 U.S.C. 1671 et seq.). ``(k) Intervention by the United States.--The court shall permit the United States to intervene in any action brought under subsection (b) as a matter of right. The United States shall have all the rights of a party to such action. ``(l) Nullification of Order.--An order by a court under this section is subject to nullification by the President under authority of section 203 of the International Emergency Economic Powers Act (50 U.S.C. 1702).''. (d) Action for Customs Fraud.-- (1) Amendment of title 28, united states code.--Chapter 95 of title 28, United States Code, is amended by adding at the end the following new section: ``Sec. 1586. Private enforcement action for customs fraud ``(a) Civil Action.--An interested party whose business or property is injured by a fraudulent, grossly negligent, or negligent violation of section 592(a) of the Tariff Act of 1930 (19 U.S.C. 1592(a)) may bring a civil action in the United States District Court for the District of Columbia or in the Court of International Trade without respect to the amount in controversy. ``(b) Relief.--Upon proof by an interested party that the business or property of such interested party has been injured by a fraudulent, grossly negligent, or negligent violation of section 592(a) of the Tariff Act of 1930, the interested party shall-- ``(1)(A) be granted such equitable relief as may be appropriate, which may include an injunction against further importation into the United States of the merchandise in question; or ``(B) if injunctive relief cannot be timely provided or is otherwise inadequate, recover damages for the injuries sustained; and ``(2) recover the costs of suit, including reasonable attorney's fees. ``(c) Definitions.--For purposes of this section: ``(1) The term `interested party' means-- ``(A) a manufacturer, producer, or wholesaler in the United States of like or competing merchandise; or ``(B) a trade or business association a majority of whose members manufacture, produce, or wholesale like merchandise or competing merchandise in the United States. ``(2) The term `like merchandise' means merchandise that is like, or in the absence of like, most similar in characteristics and uses with, merchandise being imported into the United States in violation of section 502(a) of the Tariff Act of 1930 (19 U.S.C. 1592(a)). ``(3) The term `competing merchandise' means merchandise that competes with or is a substitute for merchandise being imported into the United States in violation of section 592(a) of the Tariff Act of 1930 (19 U.S.C. 1592(a)). ``(d) Intervention by the United States.--The court shall permit the United States to intervene in an action brought under this section, as a matter of right. The United States shall have all the rights of a party. ``(e) Nullification of Order.--An order by a court under this section is subject to nullification by the President under authority of section 203 of the International Emergency Economic Powers Act (50 U.S.C. 1702).''. (2) Technical amendment.--The chapter analysis for chapter 95 of title 28, United States Code, is amended by adding at the end the following new item: ``1586. Private enforcement action for customs fraud.''. SEC. 2. ACCORDANCE WITH GATT. It is the sense of the Congress that this Act is consistent with, and in accord with, the General Agreement on Tariffs and Trade (GATT).

Amends the Clayton Act to include a specified antidumping provision among U.S. antitrust laws. Amends such antidumping provision of the Unfair Competition Act of 1916 to allow any person who is injured in his or her property or business by the sale or importation of an article made in a foreign country to bring a civil action against the manufacturer, exporter, or related importer of such article if: (1) the article is imported or sold in the United States at less than its foreign market or constructed value; or (2) the foreign country or person or organization of such country is providing (directly or indirectly) a subsidy with respect to the manufacture, production, or exportation of such article; and (3) the sale or importation causes or threatens material injury to U.S. industry or labor or prevents the establishment or modernization of U.S. industry. Restricts the court jurisdiction of such an action to the District Court of the District of Columbia or the Court of International Trade. Entitles a prevailing party to appropriate equitable relief, or if such relief is inadequate, to compensatory damages and legal expenses. Sets a four-year statute of limitations for actions under this Act. Permits the United States to intervene in an action under this Act as a matter of right. Subjects any court order under this Act to nullification by the President. Allows any person who is injured in his or her business or property by the fraudulent, grossly negligent, or negligent entry or introduction of merchandise into U.S. commerce to bring a civil action in the District Court of the District of Columbia or the Court of International Trade, without respect to the amount in controversy. Entitles a prevailing party to appropriate equitable relief or, if such relief is inadequate, compensatory damages and legal expenses. Permits the United States to intervene in such an action as a matter of right. Subjects any court order to nullification by the President. Expresses the sense of the Congress that this Act is consistent with the General Agreement on Tariffs and Trade.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Children Come First Act of 2007''. SEC. 2. LIMITATION ON PAYMENTS FOR STATES COVERING CHILDREN IN FAMILIES WITH INCOME BETWEEN 200 AND 300 PERCENT OF THE POVERTY LINE; OPTION OF PREMIUM ASSISTANCE FOR CHILDREN OF HIGHER INCOME FAMILIES. (a) In General.--Section 2105(c) of the Social Security Act (42 U.S.C. 1397ee(c)) is amended by adding at the end the following new paragraph: ``(8) Limitation on payments for states covering children of higher income families.-- ``(A) In general.--No payment shall be made under this section for child health assistance provided for a child of a higher income family (as defined in subparagraph (B)) under the State child health plan unless-- ``(i) the family demonstrates that health insurance coverage for the child is-- ``(I) unattainable, in accordance with subparagraph (C); or ``(II) unaffordable, in accordance with subparagraph (D); and ``(ii) the plan permits the family to be provided child health assistance through the form of premium assistance described in subparagraph (E) rather than through Medicaid or otherwise. ``(B) Higher income family.--For purposes of this paragraph, the term `higher income family' means a family the income of which exceeds 200 percent, but does not exceed 300 percent, of the poverty line. ``(C) Unattainability.--For purposes of this paragraph, health insurance coverage shall be treated as unattainable with respect to the child of a higher income family if the family can demonstrate an inability to obtain health insurance coverage for the child (as determined in accordance with standards established by the Secretary). ``(D) Unaffordability.-- ``(i) In general.--For purposes of this paragraph, health insurance coverage shall be treated as unaffordable with respect to the child of a higher income family if the premium for such coverage exceeds the percentage (as determined by the Secretary under clause (ii)) of the adjusted gross income of the family. In applying the previous sentence to family coverage, there shall only be taken into account the portion of such premium that is actuarially attributable to children (as computed for purposes of subparagraph (E)(iii)). ``(ii) Percentage determined.--The Secretary shall determine a percentage under this clause based on factors such as family size, the average premium for health insurance coverage in the private sector for children, and such other factors as the Secretary deems appropriate. ``(E) Premium assistance option.-- ``(i) In general.--The premium assistance option under this subparagraph shall be in the form of payment of premium for a policy that provides health insurance benefits to the child of a higher income family involved. Except as otherwise specifically provided, the State child health plan shall establish standards for such benefits and premium contributions. ``(ii) Treatment.--Payment of premium assistance under this subparagraph shall be treated as child health assistance for purposes of obtaining Federal financial participation under section 2105. ``(iii) Application to family coverage.--In the case of premium assistance under this subparagraph applied to coverage of one or more children under family coverage that covers a parent of such a child or other individuals who are not children, the amount of the premium payment under the option under this subparagraph shall be adjusted to take into account only the portion of the health insurance benefits that are actuarially attributable to such children. ``(F) Exception for currently covered individuals.--Subparagraph (A) shall not apply until October 1, 2011, to children who are enrolled under this part as targeted low-income children as of October 1, 2008.''. (b) Effective Date.--The amendment made by subsection (a) shall apply to State child health plans for payment for items and services furnished on or after October 1, 2008.

Children Come First Act of 2007 - Amends title XXI (State Children's Health Insurance Program) (SCHIP) of the Social Security Act to prohibit SCHIP payments for children in families with income between 200% and 300% of the poverty line (higher income families) unless: (1) health insurance coverage for the family is demonstrably unattainable or unaffordable; and (2) the state SCHIP plan permits the family to receive child health assistance through specified optional premium assistance rather than through Medicaid or otherwise.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Wet Weather Water Quality Act of 2000''. SEC. 2. COMBINED SEWER OVERFLOWS. Section 402 of the Federal Water Pollution Control Act (33 U.S.C. 1342) is amended by adding at the end the following: ``(q) Combined Sewer Overflows.-- ``(1) Requirement for permits, orders, and decrees.--Each permit, order, or decree issued pursuant to this Act after the date of enactment of this subsection for a discharge from a municipal combined storm and sanitary sewer shall conform to the Combined Sewer Overflow Control Policy signed by the Administrator on April 11, 1994 (in this subsection referred to as the `CSO control policy'), and shall provide for the development and implementation of long-term control plans to meet applicable water quality standards as expeditiously as possible. ``(2) Water quality and designated use review guidance.-- Not later than December 31, 2000, and after providing notice and opportunity for public comment, the Administrator shall issue guidance to facilitate the conduct of water quality and designated use reviews for municipal combined sewer overflow receiving waters. ``(3) Report.--Not later than September 1, 2001, the Administrator shall transmit to Congress a report on the progress made by the Environmental Protection Agency, States, and municipalities in implementing and enforcing the CSO control policy.''. SEC. 3. WET WEATHER PILOT PROGRAM. Title I of the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) is amended by adding at the end the following: ``SEC. 121. WET WEATHER WATERSHED PILOT PROJECTS. ``(a) In General.--The Administrator, in coordination with the States, may provide technical assistance and grants for treatment works to carry out pilot projects relating to the following areas of wet weather discharge control: ``(1) Watershed management of wet weather discharges.--The management of municipal combined sewer overflows, sanitary sewer overflows, and stormwater discharges, on an integrated watershed or subwatershed basis for the purpose of demonstrating the effectiveness of a unified wet weather approach. ``(2) Stormwater best management practices.--The control of pollutants from municipal separate storm sewer systems for the purpose of demonstrating and determining controls that are cost-effective and that use innovative technologies in reducing such pollutants from stormwater discharges. ``(b) Administration.--The Administrator, in coordination with the States, shall provide municipalities participating in a pilot project under this section the ability to engage in innovative practices, including the ability to unify separate wet weather control efforts under a single permit. ``(c) Funding.-- ``(1) In general.--There is authorized to be appropriated to carry out this section $10,000,000 for fiscal year 2002, $15,000,000 for fiscal year 2003, and $20,000,000 for fiscal year 2004. Such funds shall remain available until expended. ``(2) Stormwater.--The Administrator shall make available not less than 20 percent of amounts appropriated for a fiscal year pursuant to this subsection to carry out the purposes of subsection (a)(2). ``(3) Administrative expenses.--The Administrator may retain not to exceed 4 percent of any amounts appropriated for a fiscal year pursuant to this subsection for the reasonable and necessary costs of administering this section. ``(d) Report to Congress.--Not later than 5 years after the date of enactment of this section, the Administrator shall transmit to Congress a report on the results of the pilot projects conducted under this section and their possible application nationwide.''. SEC. 4. SEWER OVERFLOW CONTROL GRANTS. Title II of the Federal Water Pollution Control Act (33 U.S.C. 1342 et seq.) is amended by adding at the end the following: ``SEC. 220. SEWER OVERFLOW CONTROL GRANTS. ``(a) In General.--In any fiscal year in which the Administrator has available for obligation at least $1,200,000,000 for the purposes of section 601-- ``(1) the Administrator may make grants to States for the purpose of providing grants to a municipality or municipal entity for planning, design, and construction of treatment works to intercept, transport, control, or treat municipal combined sewer overflows and sanitary sewer overflows; and ``(2) subject to subsection (g), the Administrator may make a direct grant to a municipality or municipal entity for the purposes described in paragraph (1). ``(b) Prioritization.--In selecting from among municipalities applying for grants under subsection (a), a State or the Administrator shall give priority to an applicant that-- ``(1) is a municipality that is a financially distressed community under subsection (c); ``(2) has implemented or is complying with an implementation schedule for the 9 minimum controls specified in the CSO control policy referred to in section 402(q)(1) and has begun implementing a long-term municipal combined sewer overflow control plan or a separate sanitary sewer overflow control plan; or ``(3) is requesting a grant for a project that is on a State's intended use plan pursuant to section 606(c). ``(c) Financially Distressed Community.-- ``(1) Definition.--In subsection (b), the term `financially distressed community' means a community that meets affordability criteria established by the State in which the community is located, if such criteria are developed after public review and comment. ``(2) Consideration of impact on water and sewer rates.--In determining if a community is a distressed community for the purposes of subsection (b), the State shall consider, among other factors, the extent to which the rate of growth of a community's tax base has been historically slow such that implementing a plan described in subsection (b)(2) would result in a significant increase in any water or sewer rate charged by the community's publicly owned wastewater treatment facility. ``(3) Information to assist states.--The Administrator may publish information to assist States in establishing affordability criteria under paragraph (1). ``(d) Cost Sharing.--The Federal share of the cost of activities carried out using amounts from a grant made under subsection (a) shall be not less than 55 percent of the cost. The non-Federal share of the cost may include, in any amount, public and private funds and in-kind services, and may include, notwithstanding section 603(h), financial assistance, including loans, from a State water pollution control revolving fund. ``(e) Administrative Reporting Requirements.--If a project receives grant assistance under subsection (a) and loan assistance from a State water pollution control revolving fund and the loan assistance is for 15 percent or more of the cost of the project, the project may be administered in accordance with State water pollution control revolving fund administrative reporting requirements for the purposes of streamlining such requirements. ``(f) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $750,000,000 for each of fiscal years 2002 and 2003. Such sums shall remain available until expended. ``(g) Allocation of Funds.-- ``(1) Fiscal year 2002.--Subject to subsection (h), the Administrator shall use the amounts appropriated to carry out this section for fiscal year 2002 for making grants to municipalities and municipal entities under subsection (a)(2), in accordance with the criteria set forth in subsection (b). ``(2) Fiscal year 2003.--Subject to subsection (h), the Administrator shall use the amounts appropriated to carry out this section for fiscal year 2003 as follows: ``(A) Not to exceed $250,000,000 for making grants to municipalities and municipal entities under subsection (a)(2), in accordance with the criteria set forth in subsection (b). ``(B) All remaining amounts for making grants to States under subsection (a)(1), in accordance with a formula to be established by the Administrator, after providing notice and an opportunity for public comment, that allocates to each State a proportional share of such amounts based on the total needs of the State for municipal combined sewer overflow controls and sanitary sewer overflow controls identified in the most recent survey conducted pursuant to section 516(b)(1). ``(h) Administrative Expenses.--Of the amounts appropriated to carry out this section for each fiscal year-- ``(1) the Administrator may retain an amount not to exceed 1 percent for the reasonable and necessary costs of administering this section; and ``(2) the Administrator, or a State, may retain an amount not to exceed 4 percent of any grant made to a municipality or municipal entity under subsection (a), for the reasonable and necessary costs of administering the grant. ``(i) Reports.--Not later than December 31, 2003, and periodically thereafter, the Administrator shall transmit to Congress a report containing recommended funding levels for grants under this section. The recommended funding levels shall be sufficient to ensure the continued expeditious implementation of municipal combined sewer overflow and sanitary sewer overflow controls nationwide.''. SEC. 5. INFORMATION ON CSOS AND SSOS. (a) Report to Congress.--Not later than 3 years after the date of enactment of this Act, the Administrator of the Environmental Protection Agency shall transmit to Congress a report summarizing-- (1) the extent of the human health and environmental impacts caused by municipal combined sewer overflows and sanitary sewer overflows, including the location of discharges causing such impacts, the volume of pollutants discharged, and the constituents discharged; (2) the resources spent by municipalities to address these impacts; and (3) an evaluation of the technologies used by municipalities to address these impacts. (b) Technology Clearinghouse.--After transmitting a report under subsection (a), the Administrator shall maintain a clearinghouse of cost-effective and efficient technologies for addressing human health and environmental impacts due to municipal combined sewer overflows and sanitary sewer overflows.

Authorizes the Administrator to provide technical assistance and grants for treatment works to carry out pilot projects relating to specified areas of wet weather discharge control. Authorizes appropriations. Permits the Administrator, in any fiscal year in which at least $1.2 billion is available for grants to States for water pollution control revolving funds, to make grants to States or municipalities for planning, design, and construction of treatment works to intercept, transport, control, or treat municipal CSO and sanitary sewer overflows. Gives priority for grants to certain applicants, including municipalities that are financially distressed communities. Requires the Federal share of the cost of activities funded by such grants to be at least 55 percent. Authorizes and allocates appropriations. Requires the Administrator to report periodically to Congress on the recommended funding levels for such grants. Directs the Administrator to report to Congress on: (1) the extent of health and environmental impacts caused by municipal CSO and sanitary sewer overflows; and (2) the resources spent, and technologies used, by municipalities to address such impacts. Requires the Administrator to maintain a clearinghouse of technologies for addressing such impacts.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Health Care Options Act of 2017''. SEC. 2. PREMIUM ASSISTANCE CREDIT ALLOWED FOR INSURANCE OUTSIDE AN EXCHANGE. (a) In General.--Section 36B of the Internal Revenue Code of 1986 is amended by redesignating subsection (g) as subsection (h) and by inserting after subsection (f) the following new subsection: ``(g) Special Rules Relating to Certain Off-Exchange Plans.-- ``(1) In general.--In the case of a taxpayer described in paragraph (2) who is covered, or whose spouse or dependent is covered, by a plan described in paragraph (3) for a coverage month beginning after December 31, 2017, and before January 1, 2020, this section shall be applied with the following modifications: ``(A) Such plan shall be treated as a qualified health plan. ``(B) Subparagraph (A) of subsection (b)(2) shall be applied without regard to so much of such subparagraph as follows `of the taxpayer' and precedes `, or'. ``(C) Clause (i) of subsection (b)(3)(B) shall be applied by substituting `through an Exchange' for `through the same Exchange through which the qualified health plans taken into account under paragraph (2)(A) were offered'. ``(D) Clause (i) of subsection (c)(2)(A) shall be applied without regard to so much of such clause as follows `(b)(2)(A)' and precedes `, and'. ``(E) Subsection (d)(3)(B) shall be applied without regard to `through an Exchange'. ``(2) Taxpayer described.--For purposes of this subsection, a taxpayer is described in this paragraph if the taxpayer resides in a rating area or county in which the Secretary of Health and Human Services certifies that no qualified health plans are offered through an Exchange established under Section 1311 of the Patient Protection and Affordable Care Act. ``(3) Plans described.--For purposes of this subsection, a plan is described in this paragraph if-- ``(A) enrollment in the plan was not done through an Exchange, and ``(B) the plan is authorized by the State in which the taxpayer resides to be offered in the individual market in the State other than through an Exchange, or is a not-for-profit membership organization organized under State law and authorized under State law to accept member contributions to fund health care benefits for members and their families.''. (b) Off-Exchange Plans Excluded From Advance Payments.--Section 1412 of the Patient Protection and Affordable Care Act (42 U.S.C. 18082) is amended by adding at the end the following new subsection: ``(f) Nonapplication to Off-Exchange Plans.--This section and section 1411 shall not apply, and no advance determination or advance payment shall be made, in the case of an individual enrolling in a plan described in section 36B(g)(3) of the Internal Revenue Code of 1986.''. (c) Reporting.--Subsection (b) of section 6055 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(3) Information relating to off-exchange coverage.--If minimum essential coverage provided to an individual under subsection (a) consists of coverage described in section 36B(g)(3), a return described in this subsection for taxable years beginning before January 1, 2020, shall include-- ``(A) a statement that such plan is coverage not enrolled in through an Exchange, ``(B) the premiums paid with respect to such coverage, ``(C) the months during which such coverage is provided to the individual, ``(D) the adjusted monthly premium for the applicable second lowest cost silver plan (as defined in section 36B(b)(3), determined without regard to whether such plan is offered through an Exchange if the Secretary of Health and Human Services has made the determination under section 36B(g)(2) with respect to the rating area) for each such month with respect to such individual, and ``(E) such other information as the Secretary may prescribe.''. (d) Waiver of Individual Mandate in Areas With No Exchange Plans.-- (1) In general.--Paragraph (1) of section 5000A(d) of the Internal Revenue Code of 1986 is amended by striking ``or (4)'' and inserting ``(4), or (5)''. (2) Individuals residing in exempted areas.--Subsection (d) of section 5000A of such Code is amended by adding at the end the following new paragraph: ``(5) Individuals residing in exempted areas.--For purposes of months beginning after December 31, 2017, and before January 1, 2020, such term shall not include an individual who resides in a rating area or county in which the Secretary of Health and Human Services certifies for purposes of section 36B(g)(2) that no qualified health plans are offered through an Exchange established under Section 1311 of the Patient Protection and Affordable Care Act.''. (e) Effective Date.--The amendments made by this section shall apply to taxable and plan years beginning after December 31, 2017.

Health Care Options Act of 2017 This bill amends the Internal Revenue Code to temporarily permit certain individuals to use the premium assistance tax credit to purchase health insurance outside of an exchange established under the Patient Protection and Affordable Care (PPACA). The bill applies to individuals who reside in a rating area or county that the Department of Health and Human Services has certified has no qualified health plans offered through an exchange established under PPACA. Individuals residing in the areas or counties may use the premium assistance tax credit through 2019 to enroll in a plan outside of an exchange if the plan is: (1) authorized by the state in which the taxpayer resides to be offered in the individual market, or (2) is a not-for-profit membership organization that is organized and authorized under state law to accept member contributions to fund health care benefits for members and their families. The bill prohibits advance payments of the credit from being made with respect to the off-exchange plans and specifies reporting requirements for the plans. Through 2019, the bill also exempts the individuals residing in the counties or areas from the requirement to maintain minimum essential health coverage (commonly referred to as the individual mandate).

SECTION 1. SHORT TITLE. This Act may be cited as the ``Commuter Bill of Rights Act of 2010''. SEC. 2. DEFINITIONS. For purposes of this Act the following definitions apply: (1) Eligible recipient.--The term ``eligible recipient'' means a provider of public transportation. (2) Public transportation.--The term ``public transportation'' means transportation by a conveyance that provides regular and continuing general or special transportation to the public, but does not include schoolbus, charter, sightseeing, or intercity bus transportation or intercity passenger rail transportation provided by the entity described in chapter 243 (or a successor to such entity). (3) Secretary.--The term ``Secretary'' means the Secretary of Transportation. SEC. 3. COMMUTER TRANSIT RIGHTS COMMISSION. (a) Establishment.--There is established an independent commission to be known as the ``Commuter Transit Rights Commission'' (hereinafter in this Act referred to as the ``Commission''). (b) Duties of the Commission.--The duties of the Commission shall be-- (1) to evaluate current Federal rules and regulations on commuter safety in emergency situations that govern transit providers; (2) to evaluate contingency plans that transit providers use across the United States and identify best practices; and (3) to make recommendations to the Secretary of Transportation (referred to in this Act as the ``Secretary'') pursuant to subsection (h). (c) Membership.-- (1) Number and appointment.--Not later than 60 days after the date of enactment of this Act, the Commission, which shall be composed of 12 members, shall be appointed by the Secretary as follows: (A) 2 members shall be commuters of public transportation. (B) 2 members shall be experts in rail safety. (C) 2 members shall be experts in water transportation. (D) 2 members shall be employees of State transportation agencies. (E) 2 members shall be experts in passenger safety. (F) 2 members shall be experts in emergency medicine. (2) Restriction.--No employee of the Department of Transportation may serve as a member of the Commission. (3) Chairperson.--The Chairperson of the Commission shall be elected by the members at the initial meeting. (d) Terms.-- (1) In general.--Each member shall be appointed for the life of the commission. (2) Vacancies.--A vacancy on the Commission shall be filled in the same manner as the original appointment. (3) Pay and travel expenses.-- (A) Pay.--Except as provided in subparagraph (C), each member of the Commission shall be paid at a rate equal to the daily equivalent of the minimum annual rate of basic pay for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day, including travel time, during which he or she is engaged in the actual performance of duties vested in the Commission. (B) Travel expenses.--Members shall receive travel expenses, including per diem in lieu of subsistence, in accordance with subchapter I of chapter 57 of title 5, United States Code. (C) Prohibition of compensation of federal employees.--Members of the Commission who are full-time officers or employees of the United States or Members of Congress may not receive additional pay, allowances, or benefits by reason of their service on the Commission. (e) Meetings.-- (1) Initial meeting.--Not later than 30 days after the date on which all members of the Commission are appointed, the Commission shall hold its first meeting. (2) Subsequent meetings.--The commission shall meet monthly at the call of the Chairperson. (3) Quorum.--A majority of the Commission shall constitute a quorum but a lesser number may hold hearings. (f) Staff.--The Chairperson may appoint and fix the pay of additional personnel as the Chairperson considers appropriate. (g) Powers of the Commission.-- (1) Hearings and sessions.--The Commission may, for the purpose of carrying out this Act, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate. (2) 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 section. (h) Recommendations.-- (1) Commuter bill of rights.--Not later than 160 days after its initial meeting, the Commission shall make recommendations to the Secretary that shall be known as the ``Commuter Bill of Rights''. The Commuter Bill of Rights shall include the following: (A) A list of situations in which a provider of public transportation shall implement its contingency plan. (B) Recommendations for the minimum standards that a contingency plan of a provider of public transportation must meet, including the following: (i) Provision of food, water, restrooms, ventilation, and medical services. (ii) Distribution of critical information to commuters on a disabled or delayed train or other transit vehicle, including a time frame for when commuters will be permitted to exit such disabled or delayed transit vehicle and how such commuters will be redirected to their final destinations in a timely manner. (C) Recommendations for Federal regulations on commuter safety in an emergency situation. (2) Procedure.--A majority of the Commission shall approve each recommendation before it is included in the Commuter Bill of Rights and submitted to the Secretary. (3) Supplemental report.--The Commission shall submit a supplemental report to the Secretary along with the Commuter Bill of Rights that contains all of the recommendations that the Commission considered, including those recommendations that did not receive a majority vote for inclusion in the Commuter Bill of Rights. (i) Termination.--The Commission shall terminate on the date that the Commission submits the Commuter Bill of Rights and supplemental report to the Secretary under subsection (h). SEC. 4. GRANT PROGRAM. (a) Authorization of Grant Program.--The Secretary may provide grants on a competitive basis to providers of public transportation to develop and implement contingency plans that fulfill the Commuter Bill of Rights. (b) Application.-- (1) In general.--To be eligible to receive a grant under this section, an eligible recipient shall submit an application not later than 90 days after the Secretary has issued a notice of availability at such time and in such manner as the Secretary may reasonably require. (2) Contingency plan implementation.--An eligible recipient shall include in its application a cost estimate of implementing the contingency plan to fulfill the Consumer Bill of Rights. (3) Certification.--When submitting an application, a provider of public transportation shall certify to the Secretary that the provider will implement its contingency plan not later than 90 days after receiving a grant under this section. (d) Amount of Grants.--An eligible recipient may only receive one grant under this section. The amount of such grant shall be the greater of $50,000 or 50 percent of the total amount of costs estimated in implementing the Commuter Bill of Rights as determined by the Secretary. SEC. 5. DUTIES OF THE SECRETARY. (a) In General.--The Secretary shall review the Commuter Bill of Rights submitted by the Commission under section 3 and issue regulations to require providers of public transportation to comply with the standards recommended by the Commuter Bill of Rights. (b) Federal Policies.--The Secretary shall use the Bill of Rights as recommended by the Commission to develop federal policies that will require compliance with the Bill of Rights by commuter transit providers. Such policies shall include-- (1) a requirement for providers of public transportation to submit for approval by the Secretary a proposed contingency plan meeting minimum standards according to the Bill of Rights; (2) a requirement that contingency plans be reviewed and updated as necessary and re-submitted to the Secretary every 5 years; and (3) a requirement that providers of public transportation comply with the final rule issued pursuant to subsection (a) not later than 180 days after the rule is issued under subsection (a). (c) Penalties and Sanctions.--The Secretary may assess appropriate penalties or sanctions for non-compliance as determined by the Secretary against providers of public transportation who fail to submit, obtain approval of, or adhere to its contingency plan. (d) Bill of Rights to Congress.--When the Secretary receives the Consumer Bill of Rights from the Committee, the Secretary shall forward a copy of such bill of rights to Congress. (e) Consumer Hotline.--The Secretary shall establish a consumer hotline telephone number for public transportation complaints in which the Secretary responds to consumer complaints not later than 30 days after submission of a complaint. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Secretary, such sums as may be necessary to carry out this Act, to remain available until expended.

Commuter Bill of Rights Act of 2010 - Establishes the Commuter Transit Rights Commission. Requires the Commission to make recommendations to the Secretary of Transportation in the form of a Commuter Bill of Rights which includes: (1) a list of situations in which a provider of public transportation will implement its contingency plan during an emergency; (2) recommendations for minimum standards that a plan must meet, including the provision of food, water, restrooms, ventilation, and medical services, as well as the distribution of certain critical information to commuters on a disabled or delayed train or other transit vehicle; and (3) recommendations for federal regulations on commuter safety during emergencies. Authorizes the Secretary to provide competitive grants to providers of public transportation to develop and implement contingency plans that fulfill the Bill of Rights. Requires the Secretary to review the Bill of Rights and issue regulations to require providers of public transportation to comply with the Bill's recommended standards. Requires the Secretary to use the Bill of Rights to develop related federal policies. Authorizes the Secretary to assess penalties or sanctions against providers of public transportation who fail to submit, obtain approval of, or adhere to its contingency plan. Requires the Secretary to establish a consumer hotline telephone number for public transportation complaints.

SECTION 1. INCREASE IN DEPENDENT CARE CREDIT; CREDIT ALLOWED FOR RESPITE CARE EXPENSES. (a) In General.--So much of section 21 of the Internal Revenue Code of 1986 (relating to expenses for household and dependent care services necessary for gainful employment) as precedes subsection (e) is amended to read as follows: ``SEC. 21. DEPENDENT CARE SERVICES. ``(a) Allowance of Credit.-- ``(1) In general.--In the case of an individual who maintains a household which includes as a member 1 or more qualifying individuals, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the applicable percentage of the sum of-- ``(A) the employment-related expenses paid by such individual during the taxable year, plus ``(B) the respite care expenses paid by such individual during the taxable year. ``(2) Applicable percentage defined.-- ``(A) In general.--For purposes of paragraph (1), the term `applicable percentage' means 50 percent reduced (but not below 20 percent) by 1 percentage point for each full $1,000 by which the taxpayer's adjusted gross income for the taxable year exceeds $15,000. ``(B) Cost-of-living adjustment.--In the case of any taxable year beginning in a calendar year after 1997, the $15,000 amount contained in subparagraph (A) shall be increased by an amount equal to-- ``(i) such dollar amount, multiplied by ``(ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins by substituting `calendar year 1996' for `calendar year 1992' in subparagraph (B) thereof. If any increase determined under the preceding sentence is not a multiple of $10, such increase shall be rounded to the nearest multiple of $10. ``(b) Employment-Related Expenses.--For purposes of this section-- ``(1) Determination of eligible expenses.-- ``(A) In general.--The term `employment-related expenses' means amounts paid for the following expenses, but only if such expenses are incurred to enable the taxpayer to be gainfully employed for any period for which there are 1 or more qualifying individuals with respect to the taxpayer: ``(i) expenses for household services, and ``(ii) expenses for the care of a qualifying individual. Such term shall not include any amount paid for services outside the taxpayer's household at a camp where the qualifying individual stays overnight and shall not include any respite care expense taken into account under subsection (a). ``(B) Exception.--Employment-related expenses described in subparagraph (A) which are incurred for services outside the taxpayer's household shall be taken into account only if incurred for the care of-- ``(i) a qualifying individual described in subsection (d)(1), or ``(ii) a qualifying individual (not described in subsection (d)(1)) who regularly spends at least 8 hours each day in the taxpayer's household. ``(C) Dependent care centers.--Employment-related expenses described in subparagraph (A) which are incurred for services provided outside the taxpayer's household by a dependent care center (as defined in subparagraph (D)) shall be taken into account only if-- ``(i) such center complies with all applicable laws and regulations of a State or unit of local government, and ``(ii) the requirements of subparagraph (B) are met. ``(D) Dependent care center defined.--For purposes of this paragraph, the term `dependent care center' means any facility which-- ``(i) provides care for more than 6 individuals (other than individuals who reside at the facility), and ``(ii) receives a fee, payment, or grant for providing services for any of the individuals (regardless of whether such facility is operated for profit). ``(2) Dollar limit on amount creditable.-- ``(A) In general.--The amount of the employment- related expenses incurred during any taxable year which may be taken into account under subsection (a) shall not exceed-- ``(i) $2,400 if there is 1 qualifying individual with respect to the taxpayer for such taxable year, or ``(ii) $4,800 if there are 2 or more qualifying individuals with respect to the taxpayer for such taxable year. The amount determined under clause (i) or (ii) (whichever is applicable) shall be reduced by the aggregate amount excludable from gross income under section 129 for the taxable year. ``(B) Reduction in limit for amount of respite care expenses.--The limitation of subparagraph (A) shall be reduced by the amount of the respite care expenses taken into account by the taxpayer under subsection (a) for the taxable year. ``(3) Earned income limitation.-- ``(A) In general.--Except as otherwise provided in this paragraph, the amount of the employment-related expenses incurred during any taxable year which may be taken into account under subsection (a) shall not exceed-- ``(i) in the case of an individual who is not married at the close of such year, such individual's earned income for such year, or ``(ii) in the case of an individual who is married at the close of such year, the lesser of such individual's earned income or the earned income of his spouse for such year. ``(B) Special rule for spouse who is a student or incapable of caring for himself.--In the case of a spouse who is a student or a qualified individual described in subsection (d)(3), for purposes of subparagraph (A), such spouse shall be deemed for each month during which such spouse is a full-time student at an educational institution, or is such a qualifying individual, to be gainfully employed and to have earned income of not less than-- ``(i) $200 if paragraph (2)(A)(i) applies for the taxable year, or ``(ii) $400 if paragraph (2)(A)(ii) applies for the taxable year. In the case of any husband and wife, this subparagraph shall apply with respect to only one spouse for any one month. ``(c) Respite Care Expenses.--For purposes of this section-- ``(1) In general.--The term `respite care expenses' means expenses paid (whether or not to enable the taxpayer to be gainfully employed) for-- ``(A) the care of a qualifying individual-- ``(i) who has attained the age of 13, or ``(ii) who is under the age of 13 but has a physical or mental impairment which results in the individual being incapable of caring for himself, during any period when such individual regularly spends at least 8 hours each day in the taxpayer's household, or ``(B) care (for not more than 14 days during the calendar year) of a qualifying individual described in subparagraph (A) during any period during which the individual does not regularly spend at least 8 hours each day in the taxpayer's household. ``(2) Dollar limit.--The amount of the respite care expenses incurred during any taxable year which may be taken into account under subsection (a) shall not exceed-- ``(A) $1,200 if such expenses are incurred with respect to only 1 qualifying individual for the taxable year, or ``(B) $2,400 if such expenses are incurred for 2 or more qualifying individuals for such taxable year. ``(d) Qualifying Individual.--For purposes of this section, the term `qualifying individual' means-- ``(1) a dependent of the taxpayer who is under the age of 13 and with respect to whom the taxpayer is entitled to a deduction under section 151(c), ``(2) a dependent of the taxpayer who is physically or mentally incapable of caring for himself, or ``(3) the spouse of the taxpayer, if he is physically or mentally incapable of caring for himself.'' (b) Technical and Conforming Amendments.-- (1) Paragraph (5) of section 21(e) of such Code is amended by striking ``subparagraph (A) or (B) of subsection (b)(1)'' and inserting ``paragraph (1) or (2) of subsection (d)''. (2) Paragraph (2) of section 129(b) of such Code is amended by striking ``section 21(d)(2)'' and inserting ``section 21(b)(3)(B)''. (3) Paragraph (1) of section 129(e) of such Code is amended by striking ``under section 21(b)(2) (relating to expenses for household and dependent care services necessary for gainful employment)'' and inserting ``or respite care services under section 21 (relating to dependent care services)''. (4) Subparagraph (H) of section 6213(g)(2) of such Code is amended by striking ``section 21 (related to expenses for household and dependent care services necessary for gainful employment)'' and inserting ``section 21 (relating to dependent care services)''. (5) The item relating to section 21 in the table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code is amended to read as follows: ``Sec. 21. Dependent care services.'' (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1996.

Amends the Internal Revenue Code to increase the income tax credit for employment-related dependent care expenses. Adds respite care expenses to the credit's scope.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Domestic Fuels Act of 2012''. SEC. 2. DEFINITIONS. In this Act: (1) Covered entity.--The term ``covered entity'' means-- (A) any entity engaged in the design, manufacture, sale, or distribution of any qualified product, blend stock, or component of any qualified product; or (B) any entity engaged in the design, manufacture, sale, or distribution of any motor vehicle, motor vehicle engine, nonroad vehicle, nonroad engine, or nonroad equipment. (2) Motor vehicle.--The term ``motor vehicle'' has the meaning given the term in section 216 of the Clean Air Act (42 U.S.C. 7550). (3) Motor vehicle engine.--The term ``motor vehicle engine'' means an engine in a motor vehicle. (4) Nonroad engine.--The term ``nonroad engine'' has the meaning given the term in section 216 of the Clean Air Act (42 U.S.C. 7550). (5) Nonroad equipment.--The term ``nonroad equipment'' means any recreational, construction, industrial, agricultural, logging, residential, commercial lawn and garden, or other equipment that incorporates a nonroad engine. (6) Nonroad vehicle.--The term ``nonroad vehicle'' has the meaning given the term in section 216 of the Clean Air Act (42 U.S.C. 7550). (7) Person.--The term ``person'' has the meaning given the term in section 1 of title 1, United States Code, except that the term includes any governmental entity. (8) Qualified civil liability action.--The term ``qualified civil liability action'' means any civil action or proceeding brought by any person against a covered entity for damages, punitive damages, injunctive or declaratory relief, abatement, restitution, fines, penalties, or other relief, resulting from the introduction of any qualified product into any motor vehicle, motor vehicle engine, nonroad vehicle, nonroad engine, or nonroad equipment. (9) Qualified product.--The term ``qualified product'' means-- (A) any transportation fuel or transportation fuel additive that is registered, or for which an updated registration is accepted, for introduction into interstate commerce by the Administrator of the Environmental Protection Agency under section 211(b) of the Clean Air Act (42 U.S.C. 7545(b)) or any other Federal law enacted on or after October 13, 2010; or (B) a transportation fuel or transportation fuel additive that-- (i) contains any renewable fuel (as defined in section 211(o)(1) of the Clean Air Act (42 U.S.C. 7545(o)(1))); and (ii) is designated for introduction into interstate commerce by the Administrator of the Environmental Protection Agency or the Secretary of Energy under the Clean Air Act (42 U.S.C. 7401 et seq.), the Energy Policy Act of 1992 (42 U.S.C. 13201 et seq.), or any other Federal law enacted on or after October 13, 2010. (10) State.--The term ``State'' means-- (A) each of the several States of the United States; (B) the District of Columbia; (C) the Commonwealth of Puerto Rico; and (D) any other territory or possession of the United States. SEC. 3. FUEL COMPATIBILITY. (a) Compatibility.--Subtitle I of the Solid Waste Disposal Act (42 U.S.C. 9001 et seq.) is amended-- (1) by redesignating section 9014 as section 9015; and (2) by inserting after section 9013 the following: ``SEC. 9014. COMPATIBILITY. ``(a) Definitions.--In this section: ``(1) Associated dispensing equipment.--The term `associated dispensing equipment' means equipment that is-- ``(A) for the storage and dispensing of any fuel or fuel additive described in subsection (b)(3) at a stationary facility that dispenses the fuel or fuel additive into any fuel tank of any motor vehicle, motor vehicle engine, nonroad vehicle, nonroad engine, or nonroad equipment; and ``(B) subject to regulation under sections 1910.106 and 1926.152 of title 29, Code of Federal Regulations (as in effect on the date of enactment of the Domestic Fuels Act of 2012). ``(2) Compatible.--The term `compatible' has the meaning given the term in section 280.12 of title 40, Code of Federal Regulations (as in effect on the date of enactment of the Domestic Fuels Act of 2012). ``(3) Provider of financial assurance.--The term `provider of financial assurance' has the meaning given the term in section 280.92 of title 40, Code of Federal Regulations (as in effect on the date of enactment of the Domestic Fuels Act of 2012). ``(4) Underground storage tank.--The term `underground storage tank' has the meaning given the term in section 280.12 of title 40, Code of Federal Regulations (as in effect on the date of enactment of the Domestic Fuels Act of 2012). ``(5) Underground storage tank system.--The term `underground storage tank system' means an underground storage tank, connected underground piping, underground ancillary equipment, and containment system, if any. ``(b) Compatibility With Fuels.-- ``(1) Liability.--No person shall be liable under any provision of this Act or any other Federal, State, or local law, including common law, because any underground storage tank, underground storage tank system, or associated dispensing equipment that stores or dispenses any fuel or fuel additive described in paragraph (3)(A) is not compatible with the fuel or fuel additive if the tank, system, or equipment has been determined to be compatible with the fuel or fuel additive under the guidelines or regulations described in paragraph (3). ``(2) Financial assurance.--A provider of financial assurance shall not deny payment for any claim on the basis that any underground storage tank, underground storage tank system, or associated dispensing equipment that stores or dispenses any fuel or fuel additive described in paragraph (3)(A) is not compatible with the fuel or fuel additive if the tank, system, or equipment has been determined to be compatible with the fuel or fuel additive under the guidelines or regulations described in paragraph (3). ``(3) Guidelines and regulations.-- ``(A) In general.--Paragraph (1) applies to any underground storage tank and underground storage tank system that meets any guidance or regulation, which may be revised under subparagraph (B), issued by the Administrator existing on the date of enactment of the Domestic Fuels Act of 2012 addressing compatibility of such tanks or systems with any fuel or fuel additive that is authorized and registered, or for which an updated registration is accepted, by the Administrator or under any Federal law, for use in a motor vehicle, motor vehicle engine, nonroad vehicle, nonroad engine, or nonroad equipment. ``(B) Regulations.-- ``(i) In general.--Not later than 1 year after the date of enactment of the Domestic Fuels Act of 2012, the Administrator shall promulgate, or if applicable revise, regulations setting standards for determining whether any underground storage tank, underground storage tank system, and associated dispensing equipment is compatible with any fuel or fuel additive that is authorized and registered, or for which an updated registration is accepted, by the Administrator or under any Federal law for use in a motor vehicle, motor vehicle engine, nonroad vehicle, nonroad engine, or nonroad equipment. ``(ii) Minimum standards.--Regulations promulgated under subparagraph (B) shall include minimum standards and processes for certification by the Administrator, owner, operator, manufacturer, or any other entity identified by the Administrator to ensure compatibility. ``(4) Underground storage tanks, underground storage tank systems, and associated dispensing equipment previously listed as compatible.--Any underground storage tank, underground storage tank system, or associated dispensing equipment that, as of the date of enactment of the Domestic Fuels Act of 2012, has been listed by a nationally recognized testing laboratory as compatible with a fuel or fuel additive described in paragraph (3) shall be compatible under the regulations issued under this subsection. ``(5) Administration.--Nothing in this section affects-- ``(A) the introduction into commerce, offering for sale, or sale of any fuel or fuel additive; or ``(B) any applicable requirement, including any requirement under section 211(o) of the Clean Air Act (42 U.S.C. 7545(o)).''. (b) Conforming Amendments.--The Solid Waste Disposal Act is amended-- (1) in section 9003(h)(12)(A) (42 U.S.C. 6991b(h)(12)(A)), by striking ``section 9014(2)(B)'' and inserting ``section 9015(2)(B)''; (2) in section 9004(f)(1)(A) (42 U.S.C. 6991c(f)(1)(A)), by striking ``section 9014(2)(A)'' and inserting ``section 9015(2)(A)''; and (3) in section 9011 (42 U.S.C. 6991j), by striking ``section 9014(2)(D)'' and inserting ``section 9015(2)(D)''. (c) Table of Contents.--The table of contents contained in section 1001 of the Solid Waste Disposal Act (42 U.S.C. 6901) is amended by striking the item relating to section 9014 and inserting the following: ``Sec. 9014. Compatibility. ``Sec. 9015. Authorization of Appropriations.''. SEC. 4. MISFUELING. (a) In General.--Section 211(g) of the Clean Air Act (42 U.S.C. 7545(g)) is amended by adding at the end the following: ``(3) Regulations.-- ``(A) Definitions.--In this paragraph: ``(i) Associated dispensing equipment.--The term `associated dispensing equipment' has the meaning given the term in section 9014(a) of the Solid Waste Disposal Act. ``(ii) Transportation fuel.--The term `transportation fuel' means any fuel that contains fuel or fuel additive that is authorized after January 1, 2010, by the Administrator or under any Federal law, for use in any motor vehicle, motor vehicle engine, nonroad vehicle, nonroad engine, or nonroad equipment. ``(B) Liability.-- ``(i) In general.--Except as provided in clause (ii), no person shall be liable under any provision of this Act or any Federal, State, or local law, including common law, if-- ``(I) a self-service purchaser introduces any transportation fuel into any motor vehicle, motor vehicle engine, nonroad vehicle, or nonroad equipment for which the fuel has not been approved under subsection (f); or ``(II) the introduction of any transportation fuel voids the warranty of the manufacturer of the motor vehicle, motor vehicle engine, nonroad engine, nonroad vehicle, or nonroad equipment. ``(ii) Exceptions.--Clause (i) shall not apply to-- ``(I) a person who sells any transportation fuel and does not comply with the misfueling regulations adopted by the Administrator under section 80.1501 of title 40, Code of Federal Regulations (or successor regulation); or ``(II) a person who intentionally misfuels.''. (b) Penalties.--Section 211(d) of the Clean Air Act (42 U.S.C. 7545(d)) is amended-- (1) in paragraph (1), in the first sentence, by inserting ``(g),'' after ``or the regulations prescribed under subsection (c),''; and (2) in paragraph (2), in the first sentence, by inserting ``(g),'' after ``of the regulations prescribed under subsections (c),''. SEC. 5. QUALIFIED CIVIL LIABILITY ACTIONS IN FEDERAL COURT AND STATE COURT. (a) In General.--No qualified civil liability action shall be filed or maintained in any court of the United States or any State court. (b) Dismissal of Pending Actions.--Any qualified civil liability action pending in any court of the United States or any State court on or after the date of enactment of this Act shall be dismissed with prejudice. SEC. 6. SAFE HARBOR. Notwithstanding any other provision of Federal, State, or local law, including common law, no qualified product, blend stock, or component of a qualified product shall be considered to be a defective product, if the qualified product does not violate a control or prohibition with respect to any characteristic or component of the qualified product imposed by the Administrator of the Environmental Protection Agency under section 211 of the Clean Air Act (42 U.S.C. 7545).

Domestic Fuels Act of 2012 - Amends the Solid Waste Disposal Act to provide that no person shall be liable under any federal, state, or local law, and no provider of financial assurance may deny payment for a claim, because an underground storage tank, underground storage tank system, or associated dispensing equipment at a stationary facility is not compatible with any fuel or fuel additive for use in a motor vehicle, nonroad vehicle, or engine if such tank or equipment has been determined to be compatible pursuant to the guidelines and regulations issued under this Act. Directs the Administrator of the Environmental Protection Agency (EPA) to issue regulations setting standards for determining whether underground storage tanks and systems and associated dispensing equipment are compatible with any fuel or fuel additive that is authorized and registered by the Administrator or by statute for use in a motor vehicle or engine or nonroad vehicle, engine, or equipment. Deems tanks, systems, and equipment that have been listed by a nationally recognized testing laboratory as compatible with such a fuel or fuel additive as of the date of enactment of this Act to be compatible under such regulations. Amends the Clean Air Act to prohibit a person selling such fuel who complies with such regulations from being liable under any federal, state, or local law if: (1) a self-service purchaser introduces any such fuel into a vehicle, engine, or equipment for which the fuel has not been approved under such Act; or (2) the introduction of any such fuel voids the warranty of the manufacturer of such vehicles, engines, or equipment. Excludes from such protection: (1) a person who sells a transportation fuel and does not comply with the misfueling regulations adopted by the Administrator, and (2) a person who intentionally misfuels. Prohibits filing or maintaining in any U.S. or state court any civil action or proceeding against an entity engaged in the design, manufacture, sale, or distribution of any qualified product, component thereof, or blend stock or of any motor vehicle, engine, or nonroad equipment for damages, abatement, restitution, fines, penalties, or other relief resulting from the introduction of any such product into a motor vehicle, engine, or nonroad equipment. Requires pending actions to be dismissed with prejudice. Defines a "qualified product" as any transportation fuel or fuel additive that is registered under federal law or any transportation fuel or fuel additive that contains renewable fuel and that is designated for introduction into interstate commerce under federal law. Prohibits a qualified product, any component of such product, or any blend stock from being considered a defective product if it does not violate a control or prohibition with respect to any of its characteristics or components imposed by the Administrator under the Clean Air Act.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Emergency Relief Act of 2001''. SEC. 2. LOANS FOR DISASTER OF SEPTEMBER 11, 2001. (a) In General.--The Administrator of the Small Business Administration may make loans under section 7(b) of the Small Business Act (15 U.S.C. 636(b)) to small business concerns and other entities made eligible under subsection (b) that were injured as a result of the terrorist attacks against the United States that occurred on September 11, 2001. (b) Special Rules.--Notwithstanding the requirements of section 7(b) of the Small Business Act (15 U.S.C. 636(b)), the following special rules apply to loans described in subsection (a): (1) Purpose of loans.--The Administrator may make such loans for-- (A) repair, rehabilitation, refinancing, or replacement of damaged or destroyed real or personal property; and (B) any economic injury. (2) Interest rate.--The Administrator may charge interest on any such loan. Such charge may not exceed a rate of 4 percent per year. (3) Amount of loans.--For the purpose of such loans, if the Administrator considers it necessary or appropriate, the Administrator may waive the $1,500,000 limitation on the total amount that can be outstanding and committed to a concern under section 7(b) of the Small Business Act (15 U.S.C. 636(b)). (4) Credit elsewhere.--The Administrator may make such loans without regard to the ability of a small business concern to obtain credit elsewhere. (5) Waiver of size standards.--For the purpose such loans, if the Administrator determines it to be necessary or appropriate, the Administrator may waive any size standard established under section 3(a)(2) of the Small Business Act (15 U.S.C. 632(a)(2)) with respect to a business concern that does not exceed 150 percent (or, in the case of a financial institution, 200 percent) of each size standard applicable to such concern. (6) Charitable organizations.--The Administrator may make such a loan to any charitable organization as the Administrator determines necessary or appropriate. (c) Termination.--The Administrator may not make a loan pursuant to the special rules of this section after the end of the 1-year period beginning on the date of the enactment of this Act. SEC. 3. LOAN FORGIVENESS. (a) In General.--Upon application by a small business concern which is the recipient of a loan made under the Small Business Act (15 U.S.C. 631 et seq.) and which has suffered a substantial economic injury as a result of the terrorist attacks against the United States that occurred on September 11, 2001, the Administrator may undertake all or part of the small business concern's obligation to make the required payments under such loan, or may forgive all or part of such obligation if the loan was a direct loan made by the Administrator, if, and to the extent that, the Administrator considers such undertaking or forgiveness to be necessary or appropriate. (b) Termination.--The Administrator may not forgive or undertake any loan under subsection (a) after the end of the 1-year period beginning on the date of the enactment of this Act. SEC. 4. PROHIBITION ON SALE OF DISASTER LOANS. Section 4 of the Small Business Act (15 U.S.C. 633) is amended by adding at the end the following: ``(g) Prohibition on Sale of Disaster Loans.--The Administrator may not sell any portion of the Administration's interest in, or the rights of the Administration with respect to, any loan made directly or through immediate participation under section 7(b), including by direct sale, through the sale of loan participations, or by including such loans in a pool of assets for the purpose of selling asset-backed securities.''. SEC. 5. DEFINITIONS. For purposes of this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Small Business Administration. (2) Charitable organization.--The term ``charitable organization'' means an organization described in section 501(c)(3) of the Internal Revenue Code of 1986. (3) Credit elsewhere.--The term ``credit elsewhere'' has the meaning given such term in section 3(h) of the Small Business Act (15 U.S.C. 632(h)). (4) Small business concern.--The term ``small business concern'' has the meaning given such term in section 3(a) of the Small Business Act (15 U.S.C. 632(a)). (5) Substantial economic injury.--The term ``substantial economic injury'' has the meaning given such term in section 7(b)(3)(A)(iii) of the Small Business Act (15 U.S.C. 636(b)(3)(A)(iii)).

Small Business Emergency Relief Act of 2001 Authorizes the Administrator of the Small Business Administration to make disaster loans to small business concerns and other eligible entities that were injured as a result of the September 11, 2001, terrorists attacks. Makes such loans available for repair, rehabilitation, refinancing, or replacement of damaged or destroyed real or personal property and any economic injury. Includes charitable organizations among those eligible for such loans.Authorizes the Administrator to forgive or undertake obligations under loans already made under the Small Business Act to recipients which have suffered substantial economic injury as a result of the September 11, 2001, terrorist attacks.Amends the Small Business Act to prohibit the sale of disaster loans.

SECTION 1. PURPOSES. Section 4301(a)(2) of title 38, United States Code, is amended by striking ``under honorable conditions''. SEC. 2. DEFINITIONS. Section 4303 of title 38, United States Code, is amended-- (1) in paragraph (2), by striking ``work performed'' and inserting ``work not performed''; and (2) in paragraph (16), by inserting ``national'' before ``emergency''. SEC. 3. DISCRIMINATION AGAINST PERSONS WHO SERVE IN THE UNIFORMED SERVICES AND ACTS OF REPRISAL PROHIBITED. Section 4311 of title 38, United States Code, is amended by striking subsections (b) and (c) and inserting the following: ``(b) An employer may not discriminate in employment against or take any adverse employment action against any person because such person (1) has taken an action to enforce a protection afforded any person under this chapter, (2) has testified or otherwise made a statement in or in connection with any proceeding under this chapter, (3) has assisted or otherwise participated in an investigation under this chapter, or (4) has exercised a right provided for in this chapter. The prohibition in this subsection shall apply with respect to a person regardless of whether that person has performed service in the uniformed services. ``(c) An employer shall be considered to have engaged in actions prohibited-- ``(1) under subsection (a), if the person's membership, application for membership, service, application for service, or obligation for service in the uniformed services is a motivating factor in the employer's action, unless the employer can prove that the action would have been taken in the absence of such membership, application for membership, service, application for service, or obligation for service; or ``(2) under subsection (b), if the person's (A) action to enforce a protection afforded any person under this chapter, (B) testimony or making of a statement in or in connection with any proceeding under this chapter, (C) assistance or other participation in an investigation under this chapter, or (D) exercise of a right provided for in this chapter, is a motivating factor in the employer's action, unless the employer can prove that the action would have been taken in the absence of such person's enforcement action, testimony, statement, assistance, participation, or exercise of a right. ``(d) The prohibitions in subsections (a) and (b) shall apply to any position of employment, including a position that is described in section 4312(d)(1)(C).''. SEC. 4. REEMPLOYMENT RIGHTS OF PERSONS WHO SERVE IN THE UNIFORMED SERVICES. (a) Inclusion of Preparation and Travel Time Prior to Service.-- Section 4312(a) of title 38, United States Code, is amended by striking ``who is absent from a position of employment'' and inserting ``whose absence from a position of employment is necessitated''. (b) Limitation on Service Exemption to War or National Emergency.-- Section 4312(c)(4)(B) of such title is amended to read as follows: ``(B) ordered to or retained on active duty (other than for training) under any provision of law because of a war or because of a national emergency declared by the President or the Congress as determined by the Secretary concerned;''. (c) Brief, Nonrecurrent Periods of Service.--Section 4312(d)(2)(C) of such title is amended by striking ``is brief or for a nonrecurrent period and without a reasonable expectation'' and inserting ``is for a brief, nonrecurrent period and there is no reasonable expectation''. (d) Conforming Amendments to Redes- ignations in Title 10.--Section 4312(c) of such title is amended-- (1) in paragraph (3), by striking ``section 270'' and inserting ``section 10147''; and (2) in paragraph (4)-- (A) by striking ``section 672(a), 672(g), 673, 673b, 673c, or 688'' in subparagraph (A) and inserting ``section 688, 12301(a), 12301(g), 12302, 12304, or 12305''; (B) by striking ``section 673b'' in subparagraph (C) and inserting ``section 12304''; and (C) by striking ``section 3500 or 8500'' in subparagraph (E) and inserting ``section 12406''. SEC. 5. REEMPLOYMENT POSITIONS. Section 4313(a)(4) of title 38, United States Code, is amended-- (1) by striking ``uniform services'' in clause (A)(ii) and inserting ``uniformed services''; and (2) by striking ``of lesser status and pay which'' and inserting ``which is the nearest approximation to a position referred to first in clause (A)(i) and then in clause (A)(ii) which''. SEC. 6. HEALTH PLANS. Section 4317(a) of title 38, United States Code, is amended-- (1) by striking ``(a)(1)(A) Subject to paragraphs (2) and (3), in'' and inserting ``(a)(1) In''; (2) by redesignating clauses (i) and (ii) of paragraph (1) (as amended by paragraph (1) of this section) as subparagraphs (A) and (B), respectively; (3) by redesignating subparagraph (B) as paragraph (2); and (4) by redesignating subparagraph (C) as paragraph (3), and in that paragraph by redesignating clauses (i) and (ii) as subparagraphs (A) and (B), and by redesignating subclauses (I) and (II) as clauses (i) and (ii), respectively. SEC. 7. EMPLOYEE PENSION BENEFIT PLANS. The last sentence of section 4318(b)(2) of title 38, United States Code, is amended by striking ``services,'' and inserting ``services, such payment period''. SEC. 8. ENFORCEMENT OF EMPLOYMENT OR REEMPLOYMENT RIGHTS. (a) Technical Amendment.--The second sentence of section 4322(d) of title 38, United States Code, is amended by inserting ``attempt to'' before ``resolve''. (b) Notification.--Section 4322(e) of such title is amended-- (1) in the matter preceding paragraph (1), by striking ``with respect to a complaint under subsection (d) are unsuccessful,'' and inserting ``with respect to any complaint filed under subsection (a) do not resolve the complaint,''; and (2) in paragraph (2), by inserting ``or the Office of Personnel Management'' after ``Federal executive agency''. SEC. 9. ENFORCEMENT OF RIGHTS WITH RESPECT TO A STATE OR PRIVATE EMPLOYER. Section 4323(a) of title 38, United States Code, is amended-- (1) in paragraph (1), by striking ``of an unsuccessful effort to resolve a complaint''; and (2) in paragraph (2)(A), by striking ``regarding the complaint under section 4322(c)'' and inserting ``under section 4322(a)''. SEC. 10. ENFORCEMENT OF RIGHTS WITH RESPECT TO FEDERAL EXECUTIVE AGENCIES. (a) Referral.--Section 4324(a)(1) of title 38, United States Code, is amended by striking ``of an unsuccessful effort to resolve a complaint relating to a Federal executive agency''. (b) Alternative Submission of Complaint.--Section 4324(b) of such title is amended-- (1) in the matter preceding paragraph (1), by inserting ``or the Office of Personnel Management'' after ``Federal executive agency''; and (2) in paragraph (1), by striking ``regarding a complaint under section 4322(c)'' and inserting ``under section 4322(a)''. (c) Relief.--Section 4324(c)(2) of such title is amended-- (1) by inserting ``or the Office of Personnel Management'' after ``Federal executive agency''; and (2) by striking ``employee'' and inserting ``Office''. SEC. 11. ENFORCEMENT OF RIGHTS WITH RESPECT TO CERTAIN FEDERAL AGENCIES. Section 4325(d)(1) of title 38, United States Code, is amended-- (1) by striking ``, alternative employment in the Federal Government under this chapter,''; and (2) by striking ``employee'' the last place it appears and inserting ``employees''. SEC. 12. CONDUCT OF INVESTIGATION; SUBPOENAS. Section 4326(a) of title 38, United States Code, is amended by inserting ``have reasonable access to and the right to interview persons with information relevant to the investigation and shall'' after ``at all reasonable times,''. SEC. 13. TRANSITION RULES AND EFFECTIVE DATES. (a) Reemployment.--Section 8(a) of the Uniformed Services Employment and Reemployment Rights Act of 1994 (38 U.S.C. 4301 note) is amended-- (1) in paragraph (3), by adding at the end thereof the following: ``Any service begun up to 60 days after the date of enactment of this Act, which is served up to 60 days after the date of enactment of this Act pursuant to orders issued under section 502(f) of chapter 5 of title 32, United States Code, shall be considered under chapter 43 of title 38, United States Code, as in effect on the day before such date of enactment. Any service pursuant to orders issued under section 502(f) of chapter 5 of title 32, United States Code, served after 60 days after the date of enactment of this Act, regardless of when begun, shall be considered under the amendments made by this Act.''; and (2) in paragraph (4), by striking ``such period'' and inserting ``such 60-day period''. (b) Insurance.--Section 8(c)(2) of such Act is amended by striking ``person on active duty'' and inserting ``person serving a period of service in the uniformed services''. SEC. 14. EFFECTIVE DATES. (a) In General.--Except as provided in subsection (b), the amendments made by this Act shall take effect as of October 13, 1994. (b) Reorganized Title 10 References.--The amendments made by section 4(d) shall take effect as of December 1, 1994.

Removes the requirement that individuals performing temporary military service be discharged from such service under honorable conditions in order to be eligible for certain reemployment rights in the positions interrupted by such service. States that an employer shall be considered to have engaged in prohibited discrimination against an employee if the person's action in enforcing a protection, testimony or statement, assistance or other participation in an investigation, or other exercise of a right is a motivating factor in the employer's action, unless the employer can prove that the employer's action would have been taken in the absence of such person's action. Allows individuals to bring complaints concerning reemployment rights and prohibited actions against the Office of Personnel Management (currently, against Federal executive agencies). Repeals a provision that such reemployment rights shall not be construed to prohibit a person from seeking alternative employment in the Federal Government. Empowers the Secretary of Labor's authorized representative with reasonable access to, and the right to interview, persons with information relevant to the investigation. Amends the Uniformed Services Employment and Reemployment Rights Act of 1994 to remove the requirement that a person must have served on active duty in order to be eligible for the continuation of employer-provided insurance.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Social Security Exemption Relief Act of 2009''. SEC. 2. ELECTION OF COVERAGE FOR CERTAIN NONCOVERED EMPLOYEES. (a) In General.--Section 210 of the Social Security Act (42 U.S.C. 410)) is amended by adding at the end the following new subsection: ``Inclusion of Service Under Elections Made by Certain Noncovered Employees ``(s) Notwithstanding any other provision of this section, the term `employment' shall include any service with respect to which an election under section 3121(k)(2) of the Internal Revenue Code of 1986 applies.''. (b) Election.--Section 3121 of the Internal Revenue Code of 1986 (definitions applicable to tax under Federal Insurance Contributions Act) is amended by inserting after subsection (j) the following new subsection: ``(k) Optional Inclusion of Coverage of Service of Certain Noncovered Employees.-- ``(1) Inclusion of service as employment.--Notwithstanding any other provision of this section, the term `employment' shall for purposes of this chapter include any service with respect to which an election under paragraph (2) applies. ``(2) Election of inclusion.-- ``(A) In general.--Any individual whose service for any employer is excluded from `employment' under subsection (b) may, at his option, elect-- ``(i) to have any such service performed by him, during pay periods commencing after 30 days after the date of such election, included as `employment', ``(ii) to be subject to the taxes imposed by section 3101 for such taxable year with respect to such service, and ``(iii) to have the employer subject to the tax under section 3111 for such taxable year with respect to such service. ``(B) Applicability of election.--An election made by an individual under this paragraph-- ``(i) shall apply with respect to all service performed by such individual for the employer described in subparagraph (A) during pay periods described in subparagraph (A)(i) to the extent that such service would not constitute `employment' for purposes of this chapter but for this subsection, and ``(ii) shall be irrevocable. ``(C) Requirement of minimum annual remuneration.-- An election made by an individual under this paragraph shall take effect only if such individual has received remuneration in the amount of at least $400 for service of the type to which the election applies which was performed by such individual for the employer described in subparagraph (A) during the taxable year in which the election is made. ``(D) Manner of election.-- ``(i) In general.--An election by an individual under this paragraph may be made only in such form and manner as shall be prescribed by the Secretary, in consultation with the Commissioner of Social Security, including timely written notice of the election provided by the employee to the employer. ``(ii) Declaration of minimum annual remuneration.--An election shall not be treated as made in accordance with clause (i) unless the election includes a written declaration by the employee, in such form as shall be prescribed by the Secretary, that the requirements of subparagraph (C) have been met in connection with the election. ``(3) Regulations.--The Secretary, in consultation with the Commissioner of Social Security, shall prescribe such regulations as may be necessary or appropriate to carry out this subsection. Such regulations shall-- ``(A) establish procedures to deal with any administrative or other problems which may result from elections made under this subsection; ``(B) provide for the interchange of information between the Secretary and the Commissioner; and ``(C) include such other provisions, conditions, and requirements as may be necessary or appropriate for the administration of this subsection and the related provisions of title II of the Social Security Act.''. SEC. 3. EFFECTIVE DATE. The amendments made by this Act shall apply only with respect to service performed in taxable years beginning after 90 days after the date of the enactment of this Act.

Social Security Exemption Relief Act of 2009 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act and the Internal Revenue Code to allow an employee, whose employment is not otherwise covered for Social Security benefit purposes (as in the case of an independent contractor), to elect irrevocably to have that employment treated as so covered and the employer be subject to Social Security taxes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Middle East Peace Compliance Act of 2001''. SEC. 2. FINDINGS. Congress makes the following findings: (1) On September 9, 1993, Palestinian Liberation Organization (PLO) Chairman Yasser Arafat made the following commitments in an exchange of letters with Prime Minister of Israel Yitzhak Rabin: (A) ``The PLO recognizes the right of the State of Israel to exist in peace and security.''. (B) ``The PLO accepts United Nations Security Council Resolutions 242 and 338'' pertaining to the cessation of hostilities and the establishment of a just and lasting peace in the Middle East. (C) ``The PLO commits itself to the Middle East peace process, and to a peaceful resolution of the conflict between the two sides and declares that all outstanding issues relating to permanent status will be resolved through negotiations.''. (D) ``The PLO considers that the signing of the Declaration of Principles constitutes a historic event, inaugurating a new epoch of peaceful coexistence, free from violence and all other acts which endanger peace and stability. Accordingly, the PLO renounces the use of terrorism and other acts of violence and will assume responsibility over all PLO elements and personnel in order to assure their compliance, prevent violence and discipline violators.''. (E) ``In view of the promise of a new era and the signing of the Declaration of Principles and based on Palestinian acceptance of Security Council Resolutions 242 and 338, the PLO affirms that those articles of the Palestinian Covenant which deny Israel's right to exist, and the provisions of the Covenant which are inconsistent with the commitments of this letter are now inoperative and no longer valid.''. (2) The Palestinian Authority, the governing body of autonomous Palestinian territories, was created as a result of the agreements between the PLO and the State of Israel that are a direct outgrowth of the September 9, 1993, commitments. (3) The United States Congress has provided authorities to the President to suspend certain statutory restrictions relating to the PLO, subject to Presidential certification that the PLO has continued to abide by commitments made. SEC. 3. REPORTS. (a) In General.--The President shall, at the times specified in subsection (b), transmit to Congress a report-- (1) detailing and assessing the steps that the PLO or the Palestinian Authority, as appropriate, has taken to substantially comply with its 1993 commitments, as specified in section 2(1) of this Act; (2) a description of the steps taken by the PLO or the Palestinian Authority, as appropriate, to investigate and prosecute those responsible for violence against American and Israeli citizens; (3) making a determination as to whether the PLO or the Palestinian Authority, as appropriate, has substantially complied with such commitments during the period since the submission of the preceding report, or, in the case of the initial report, during the preceding 6-month period; and (4) detailing progress made in determining the designation of the PLO, or one or more of its constituent groups (including Fatah and Tanzim) or groups operating as arms of the Palestinian Authority (including Force 17) as a foreign terrorist organization, in accordance with section 219(a) of the Immigration and Nationality Act. (b) Transmission.--The initial report required under subsection (a) shall be transmitted not later than 30 days after the date of enactment of this Act. Each subsequent report shall be submitted on the date on which the President is next required to submit a report under the PLO Commitments Compliance Act of 1989 (title VIII of Public Law 101-246) and may be combined with such report. SEC. 4. IMPOSITION OF SANCTIONS. (a) In General.--If, in any report transmitted pursuant to section 3, the President determines that the PLO or Palestinian Authority, as appropriate, has not substantially complied with the commitments specified in section 2(1), the following sanctions shall apply: (1) Suspension of assistance.--The President shall suspend all United States assistance to the West Bank and Gaza except for humanitarian assistance. (2) Additional sanction or sanctions.--The President shall impose one or more of the following sanctions: (A) Denial of visas to plo and palestinian authority figures.--The President shall prohibit the Secretary of State from issuance of any visa for any member of the PLO or any official of the Palestinian Authority. (B) Downgrade in status of plo office in the united states.--Notwithstanding any other provision of law, the President shall withdraw or terminate any waiver by the President of the requirements of section 1003 of the Foreign Relations Authorization Act of 1988 and 1989 (22 U.S.C. 5202) (prohibiting the establishment or maintenance of a Palestinian information office in the United States), and such section shall apply so as to prohibit the operation of a PLO or Palestinian Authority office in the United States from carrying out any function other than those functions carried out by the Palestinian information office in existence prior to the Oslo Accord. (b) Duration of Sanctions.--The period of time referred to in subsection (a) is the period of time commencing on the date that the report pursuant to section 3 was transmitted and ending on the later of-- (1) the date that is 6 months after such date; (2) the date that the next report under section 3 is required to be transmitted; or (3) the date, if any, on which the President determines and informs Congress that the conditions that were the basis for imposing the sanctions are no longer valid. (c) Waiver Authority.--The President may waive any or all of the sanctions imposed under this Act if the President determines that such a waiver is in the national security interest of the United States, and reports such a determination to the appropriate committees of Congress. SEC. 5. EFFECTIVE DATE; TERMINATION DATE. (a) Effective Date.--This Act shall take effect on the date of enactment of this Act. (b) Termination Date.--This Act shall cease to be effective 5 years after the date of enactment of this Act.

Middle East Peace Compliance Act of 2001 - Imposes specified sanctions with respect to the Palestine Liberation Organization (PLO) or the Palestinian Authority if the President determines that such entities have not substantially complied with certain commitments made with Israel. Authorizes the President to waive such sanctions in the U.S. national security interest.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Teach For America Act of 2007''. SEC. 2. PURPOSES. The purposes of this Act are-- (1) to increase the number of highly accomplished recent graduates of 4-year institutions of higher education teaching in underserved urban and rural communities in the United States; (2) to increase the number of school districts and communities served by a nationally recruited corps of outstanding new teachers; and (3) to build a broader pipeline of talented and experienced future leaders in public education and education reform. SEC. 3. DEFINITIONS. In this Act: (1) In general.--The terms ``highly qualified'', ``local educational agency'', and ``Secretary'' have the meanings given the terms in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (2) Grantee.--The term ``grantee'' means Teach For America, Inc. (3) High-need.--The term ``high-need'', when used with respect to a local educational agency, means a local educational agency that serves a substantial percentage of students who are eligible for free or reduced price meals under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.). (4) Institution of higher education.--The term ``institution of higher education'' has the meaning given the term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)). SEC. 4. GRANT PROGRAM AUTHORIZED. The Secretary is authorized to award a grant to Teach For America, Inc., the national corps of outstanding recent graduates of 4-year institutions of higher education who commit to teach for 2 years in underserved communities in the United States, to enable the grantee to implement and expand its program of recruiting, selecting, training, and supporting new teachers. SEC. 5. GRANT REQUIREMENTS. In carrying out the grant program under this Act, the Secretary shall enter into an agreement with the grantee under which the grantee agrees to use the grant funds-- (1) to provide highly qualified teachers to high-need local educational agencies in urban and rural communities; (2) to pay the cost of recruiting, selecting, training, and supporting new teachers; and (3) to serve a substantial percentage of students who are eligible for free or reduced price meals under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.). SEC. 6. AUTHORIZED ACTIVITIES. Grant funds provided under this Act shall be used by the grantee to carry out each of the following activities: (1) Recruiting and selecting teachers through a highly selective national process. (2) Providing preservice training to selected teachers through a rigorous summer institute that includes hands-on teaching experience and significant exposure to education coursework and theory. (3) Placing selected teachers in schools and positions in high-need local educational agencies. (4) Providing ongoing professional development activities for the selected teachers in the classroom, including regular classroom observations and feedback, and ongoing training and support. SEC. 7. EVALUATION. (a) Annual Report.--The grantee shall provide to the Secretary an annual report that includes-- (1) data on the number and characteristics of the teachers provided to high-need local educational agencies through the grant under this part; (2) an externally conducted analysis of the satisfaction of local educational agencies and principals with the teachers so provided; and (3) comprehensive data on the background of the selected teachers, the training such teachers received, the placement sites of the teachers, the professional development of the teachers, and the retention of the teachers. (b) Study.--From amounts appropriated under section 8, the Secretary shall provide for a study comparing the academic achievement of students taught by the teachers selected, trained, and placed by the grantee under this Act with the academic achievement of students taught by other teachers in the same schools and positions. The Secretary shall provide for such a study not less than once every 3 years, and each such study shall include multiple local educational agencies. Each such study shall meet the peer-review standards of the education research community. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act-- (1) $15,000,000 for fiscal year 2008; (2) $18,000,000 for fiscal year 2009; (3) $20,000,000 for fiscal year 2010; and (4) such sums as may be necessary for each of the fiscal years 2011 and 2012.

Teach for America Act of 2007- Authorizes the Secretary of Education to award a grant to Teach For America, Inc. to implement and expand its program of recruiting, selecting, training, and supporting new teachers. Requires that grant funds be used to provide teachers to local educational agencies that serve a substantial percentage of students eligible for free or reduced price meals under the Richard B. Russell National School Lunch Act. Directs the Secretary of Education to provide for a study, at least once every three years, comparing the academic achievement of students taught by teachers assisted by this Act with the academic achievement of students taught by other teachers in the same schools and positions.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Arctic Research, Monitoring, and Observing Act of 2012''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress makes the following findings: (1) The United States is an Arctic Nation with-- (A) an approximately 700-mile border with the Arctic Ocean; (B) more than 100,000,000 acres of land above the Arctic Circle; and (C) an even broader area defined as Arctic by temperature, which includes the Bering Sea and Aleutian Islands. (2) The Arctic region of the United States is home to an indigenous population that has subsisted for millennia on the abundance in marine mammals, fish, and wildlife, many of which are unique to the region. (3) Temperatures in the United States Arctic region have warmed by 3 to 4 degrees Celsius over the past half-century, a rate of increase that is twice the global average. (4) The Arctic ice pack is rapidly diminishing and thinning, and the National Oceanic and Atmospheric Administration estimates the Arctic Ocean may be ice free during summer months in as few as 30 years. (5) Such changes to the Arctic region are having a significant impact on the indigenous people of the Arctic, their communities and ecosystems, as well as the marine mammals, fish, and wildlife upon which they depend. (6) Such changes are opening new portions of the United States Arctic continental shelf to possible development for offshore oil and gas, commercial fishing, marine shipping, and tourism. (7) Existing Federal research and science advisory programs focused on the environmental and socioeconomic impacts of a changing Arctic lack a cohesive, coordinated, and integrated approach and are not adequately coordinated with State, local, academic, and private-sector Arctic research programs. (8) The lack of research integration and synthesis of findings of Arctic research has impeded the progress of the United States and international community in understanding climate change impacts and feedback mechanisms in the Arctic Ocean. (9) An improved scientific understanding of the changing Arctic is critical to the development of appropriate and effective regional, national, and global climate change adaptation strategies. (b) Purpose.--The purpose of this Act is to establish a permanent program to conduct research, monitoring, and observation activities in the Arctic-- (1) to promote and sustain a productive and resilient marine, coastal, and estuarine ecosystem in the Arctic and the human uses of its natural resources through greater understanding of how the ecosystem works and monitoring and observation of its vital signs; and (2) to track and evaluate the effectiveness of natural resource management in the Arctic in order to facilitate improved performance and adaptive management. SEC. 3. ARCTIC RESEARCH COMMISSION. (a) Duties of the Arctic Research Commission.--Section 104(a) of the Arctic Research and Policy Act of 1984 (15 U.S.C. 4103(a)) is amended-- (1) in paragraph (2), by striking ``assist in establishing'' and inserting ``establish''; (2) by redesignating paragraphs (3) through (10) as paragraphs (4) through (11), respectively; and (3) by inserting after paragraph (2) the following: ``(3) provide-- ``(A) grants to Federal, State, local, or tribal governments and academic and private organizations to conduct research on or related to the Arctic, including to the marine environment of the Arctic Ocean, its adjacent seas or associated lesser bodies of water; and ``(B) such grants on the basis of merit in accordance with such national Arctic research program plan;''. (b) Administration of the Commission.--Section 106 of the Arctic Research and Policy Act of 1984 (15 U.S.C. 4105) is amended-- (1) in paragraph (4), by striking ``and'' at the end; (2) in paragraph (5), by striking the period at the end and inserting a semicolon and ``and''; and (3) by adding at the end the following: ``(6) enter into agreements with appropriate agencies or organizations to administer grants made pursuant to this title for Arctic research including reimbursement from funds of the Commission to administer such grants.''. (c) Compensation of Commission Members.--Section 103(d)(1) of the Arctic Research and Policy Act of 1984 (15 U.S.C. 4102(d)(1)) is amended by striking ``for compensation'' in the second sentence and inserting ``by the Federal Government or any State or local government''. (d) Conflicts of Interest.-- (1) Arctic research commission.--Section 103 of the Arctic Research and Policy Act of 1984 (15 U.S.C. 4102) is amended by adding at the end the following: ``(e) The Commission shall adopt conflict of interest and recusal provisions that apply to any decision by the Commission and to all members of the Commission as if each member of the Commission is an `affected individual' within the meaning of section 302(j) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1852(j)), except that in addition to the disclosure requirements of paragraph (2) of such section 302(j), each Commission member shall disclose any financial interest or relationship in an organization or with an individual that is applying for funding from the Commission held by the Commission member, including an interest as an officer, director, trustee, partner, employee, contractor, agent, or other representative.''. (2) North pacific research board.--Subsection (e) of section 401 of the Department of the Interior and Related Agencies Appropriations Act, 1998 (43 U.S.C. 1474d) is amended-- (A) in paragraph (4)(B), by striking ``15 percent'' and inserting ``20 percent''; and (B) by striking paragraph (5) and inserting the following: ``(5) The Board shall adopt conflict of interest and recusal provisions that apply to any decision by the Board and to all members of the Board as if each member of the Board is an `affected individual' within the meaning of section 302(j) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1852(j)), except that in addition to the disclosure requirements of paragraph (2) of such section 302(j), each Board member shall disclose any financial interest or relationship in an organization or with an individual that is applying for funding from the Board, including an interest as an officer, director, trustee, partner, employee, contractor, agent, or other representative.''. SEC. 4. ENVIRONMENTAL IMPROVEMENT AND RESTORATION FUND. (a) Transfer and Availability of Amounts Earned.--Subsection (c) of section 401 of the Department of the Interior and Related Agencies Appropriations Act, 1998 (43 U.S.C. 1474d) is amended-- (1) in paragraph (1), by striking ``To the extent provided in the subsequent appropriations Acts, 80 percent of such amounts shall be made available'' and inserting ``40 percent of such amounts shall be made available without further appropriations''; (2) in paragraph (2), by striking ``20 percent'' and inserting ``25 percent''; and (3) by adding at the end the following: ``(3) 25 percent of such amounts shall be made without further appropriation to the United States Arctic Research Commission for the purposes of carrying out research and monitoring in the Arctic as provided in subsection (f). ``(4) 10 percent of such amounts shall be made available without further appropriations to the Secretary of Commerce to fund the Alaska Ocean Observing Program as provided in subsection (g).''. (b) Use of Funds.--Section 401 of the Department of the Interior and Related Agencies Appropriations Act, 1998 (43 U.S.C. 1474d) is amended by adding at the end the following: ``(f) United States Arctic Research Commission.--Funds available under subsection (c)(3) shall be used by the Arctic Research Commission established by section 103 of the Arctic Research and Policy Act of 1984 to provide grants to Federal and State governments and academic and private organizations to conduct research and monitoring, including the identification of Important Ecological Areas, on or related to the Arctic, including the marine environment of the Arctic Ocean, its adjacent seas or associated lesser bodies of water. Not more than 20 percent of such funds may be used to provide support for the Arctic Research Commission and administer grants under this subsection.''. ``(g) Alaska Ocean Observing System.--Funds available under subsection (c)(4) shall be used to support the Alaska Ocean Observing System in a manner consistent with the Integrated Coastal and Ocean Observation System Act of 2009 (33 U.S.C. 3601 et seq.), for the purpose of establishing long-term ocean observing systems and monitoring programs in waters of the United States in the North Pacific, Bering Sea, and Arctic Ocean. Not more than 20 percent of the funds made available pursuant to subsection (c)(4) may be used to provide administrative support under this subsection. ``(h) Duplication of Effort; Report.--Programs and grants funded pursuant to paragraphs (2), (3), and (4) of subsection (c) shall seek to avoid duplicating other research activities. The North Pacific Research Board, the Arctic Research Commission, and the Alaska Ocean Observing System shall-- ``(1) meet not less than once annually to promote coordination among research programs and projects; and ``(2) submit to Congress and the President an annual report on the status of research conducted pursuant to this title. ``(i) Arctic Defined.--In this section, the term `Arctic' has the meaning given that term in section 112 of the Arctic Research and Policy Act of 1984 (15 U.S.C. 4111).''.

Arctic Research, Monitoring, and Observing Act of 2012 - Amends the Arctic Research and Policy Act of 1984 to direct the Arctic Research Commission to provide merit-based grants to federal, state, local, or tribal governments and academic and private organizations to conduct research on or related to the Arctic in accordance with the national Arctic research program plan. Authorizes the Commission to enter into agreements with appropriate agencies or organizations to administer grants made pursuant to this Act for Arctic research, including reimbursement from funds of the Commission to administer such grants. Revises the requirements for compensation of Commission members not presently employed by the federal government or any state or local government. Instructs the Commission to adopt conflict of interest and recusal provisions that apply to decisions of the Commission and to all Commission members as if each member is an affected individual within the meaning of the Magnuson-Stevens Fishery Conservation and Management Act. Includes disclosure of any financial interest in or relationship to a party that is applying for funding from the Commission held by the Commission member. Amends the Department of the Interior and Related Agencies Appropriations Act, 1998, with respect to the North Pacific Research Board, to: (1) increase the maximum percentage of funds provided to the Secretary of Commerce for grants to conduct marine research in the north Pacific Ocean, Bering Sea, and Arctic Ocean that may be used for support for the Board and to administer such grants; and (2) direct the Board to adopt conflict of interest provisions similar to those required of the Commission by this Act. Revises the administration of the Environmental Improvement and Restoration Fund to: (1) reduce by half the amount of interest earned and covered into the Fund and make available such amount without further appropriation to the National Park Service, the U.S. Fish and Wildlife Service, the Bureau of Land Management (BLM), and the Forest Service for high priority deferred maintenance and modernization of facilities to enhance visitors' experience; (2) increase to 25% the amount made available to carry out marine research activities in the North Pacific; and (3) require 25% of such amounts to be made available to the Commission to carry out Arctic research and monitoring and 10% to fund the Alaska Ocean Observing System as provided in this Act. Requires the North Pacific Research Board, the Commission, and the Alaska Ocean Observing System to meet at least once annually to promote coordination among research programs and projects and report annually on the status of the research conducted pursuant to this Act.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Smarter Approach to Nuclear Expenditures Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The Berlin Wall fell in 1989, the U.S.S.R. no longer exists, and the Cold War is over. The nature of threats to the national security and military interests of the United States has changed. However, the United States continues to maintain an enormous arsenal of nuclear weapons and delivery systems that were devised with the Cold War in mind. (2) The current nuclear arsenal of the United States includes approximately 5,000 total nuclear warheads, of which approximately 2,000 are deployed with three delivery components: long-range strategic bomber aircraft, land-based intercontinental ballistic missiles, and submarine-launched ballistic missiles. The bomber fleet of the United States comprises 93 B-52 and 20 B-2 aircraft. The United States maintains 450 intercontinental ballistic missiles. The United States also maintains 14 Ohio-class submarines, up to 12 of which are deployed at sea. Each of these submarines is armed with up to 96 independently targetable nuclear warheads. (3) This Cold War-based approach to nuclear security comes at significant cost. Over the next 10 years, the United States will spend hundreds of billions of dollars maintaining its nuclear force. A substantial decrease in the nuclear arsenal of the United States is prudent for both the budget and national security. (4) The national security interests of the United States can be well served by reducing the total number of deployed nuclear warheads and their delivery systems, as suggested by the Department of Defense's January 2012 strategic guidance titled ``Sustaining U.S. Global Leadership: Priorities for 21st Century Defense''. Furthermore, a number of arms control, nuclear, and national security experts have urged the United States to reduce the number of deployed nuclear warheads to no more than 1,000. (5) Economic security and national security are linked and both will be well served by smart defense spending. Admiral Mike Mullen, Chairman of the Joint Chiefs of Staff, stated on June 24, 2010, that ``Our national debt is our biggest national security threat'' and on August 2, 2011, stated that ``I haven't changed my view that the continually increasing debt is the biggest threat we have to our national security.''. (6) The Government Accountability Office has found that there is significant waste in the construction of the nuclear facilities of the National Nuclear Security Administration of the Department of Energy. SEC. 3. REDUCTION IN NUCLEAR FORCES. (a) Prohibition on Use of B-2 and B-52 Aircraft for Nuclear Missions.--Notwithstanding any other provision of law, none of the funds authorized to be appropriated or otherwise made available for fiscal year 2013 or any fiscal year thereafter for the Department of Defense may be obligated or expended to arm a B-2 or B-52 aircraft with a nuclear weapon. (b) Prohibition on New Long-Range Penetrating Bomber Aircraft.-- Notwithstanding any other provision of law, none of the funds authorized to be appropriated or otherwise made available for any of fiscal years 2013 through 2023 for the Department of Defense may be obligated or expended for the research, development, test, and evaluation or procurement of a long-range penetrating bomber aircraft. (c) Prohibition on F-35 Nuclear Mission.--Notwithstanding any other provision of law, none of the funds authorized to be appropriated or otherwise made available for fiscal year 2013 or any fiscal year thereafter for the Department of Defense or the Department of Energy may be used to make the F-35 Joint Strike Fighter aircraft capable of carrying nuclear weapons. (d) Termination of B61 LEP.--Notwithstanding any other provision of law, none of the funds authorized to be appropriated or otherwise made available for fiscal year 2013 or any fiscal year thereafter for the Department of Defense or the Department of Energy may be obligated or expended for the B61 life extension program. (e) Termination of W78 LEP.--Notwithstanding any other provision of law, none of the funds authorized to be appropriated or otherwise made available for fiscal year 2013 or any fiscal year thereafter for the Department of Defense or the Department of Energy may be obligated or expended for the W78 life extension program. (f) Reduction of Nuclear-Armed Submarines.--Notwithstanding any other provision of law, beginning in fiscal year 2013, the forces of the Navy shall include not more than eight operational ballistic- missile submarines available for deployment. (g) Limitation on SSBN-X Submarines.--Notwithstanding any other provision of law-- (1) none of the funds authorized to be appropriated or otherwise made available for any of fiscal years 2013 through 2023 for the Department of Defense may be obligated or expended for the procurement of an SSBN-X submarine; and (2) none of the funds authorized to be appropriated or otherwise made available for fiscal year 2024 or any fiscal year thereafter for the Department of Defense may be obligated or expended for the procurement of more than eight such submarines. (h) Reduction of ICBMs.--Notwithstanding any other provision of law, none of the funds authorized to be appropriated or otherwise made available for fiscal year 2013 or any fiscal year thereafter for the Department of Defense may be obligated or expended to maintain more than 200 intercontinental ballistic missiles. (i) Reduction of SLBMs.--Notwithstanding any other provision of law, none of the funds authorized to be appropriated or otherwise made available for fiscal year 2013 or any fiscal year thereafter for the Department of Defense may be obligated or expended to maintain more than 250 submarine-launched ballistic missiles. (j) Prohibition on New ICBM.--Notwithstanding any other provision of law, none of the funds authorized to be appropriated or otherwise made available for fiscal year 2013 or any fiscal year thereafter for the Department of Defense may be obligated or expended for the research, development, test, and evaluation or procurement of a new intercontinental ballistic missile. (k) Termination of MOX Fuel Plant Project.--Notwithstanding any other provision of law, none of the funds authorized to be appropriated or otherwise made available for fiscal year 2013 or any fiscal year thereafter for the Department of Defense or the Department of Energy may be obligated or expended for the Mixed Oxide (MOX) Fuel Fabrication Facility project. (l) Termination of CMRR Project.--Notwithstanding any other provision of law, none of the funds authorized to be appropriated or otherwise made available for fiscal year 2013 or any fiscal year thereafter for the Department of Defense or the Department of Energy may be obligated or expended for the Chemistry and Metallurgy Research Replacement nuclear facility. (m) Termination of UPF.--Notwithstanding any other provision of law, none of the funds authorized to be appropriated or otherwise made available for fiscal year 2013 or any fiscal year thereafter for the Department of Defense or the Department of Energy may be obligated or expended for the Uranium Processing Facility located at the Y-12 National Security Complex. (n) Termination of MEADS.--Notwithstanding any other provision of law, none of the funds authorized to be appropriated or otherwise made available for fiscal year 2013 or any fiscal year thereafter for the Department of Defense may be obligated or expended for the medium extended air defense system. SEC. 4. REPORTS REQUIRED. (a) Initial Report.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense and the Secretary of Energy shall jointly submit to the appropriate committees of Congress a report outlining the plan of each Secretary to carry out section 3. (b) Annual Report.--Not later than March 1, 2013, and each year thereafter, the Secretary of Defense and the Secretary of Energy shall jointly submit to the appropriate committees of Congress a report outlining the plan of each Secretary to carry out section 3, including any updates to previously submitted reports. (c) Annual Nuclear Weapons Accounting.--Not later than September 30, 2013, and each year thereafter, the President shall transmit to the appropriate committees of Congress a report containing a comprehensive accounting by the Director of the Office of Management and Budget of the amounts obligated and expended by the Federal Government for each nuclear weapon and related nuclear program during-- (1) the fiscal year covered by the report; and (2) the life cycle of such weapon or program. (d) Appropriate Committees of Congress Defined.--In this section, the term ``appropriate committees of Congress'' means-- (1) the Committee on Armed Services, the Committee on Foreign Relations, the Committee on Appropriations, and the Committee on Energy and Natural Resources of the Senate; and (2) the Committee on Armed Services, the Committee on Foreign Affairs, the Committee on Appropriations, the Committee on Energy and Commerce, and the Committee on Natural Resources of the House of Representatives.

Smarter Approach to Nuclear Expenditures Act - Prohibits using funds appropriated to the Department of Defense (DOD) for FY2013 or thereafter: (1) to arm a B-2 or B-52 aircraft with a nuclear weapon; (2) for the research, development, test, and evaluation (RDT&E) or procurement of a long-range penetrating bomber aircraft; (3) to make the F-35 Joint Strike Fighter aircraft capable of carrying nuclear weapons; or (4) for the B61 or W78 life extension program. Requires that, beginning in FY2013, the Navy shall include no more than eight operational ballistic-missile submarines available for deployment. Prohibits the use of DOD funds: (1) for FY2013-FY2023 to procure an SSBN-X submarine, and (2) for FY2024 and thereafter to procure more than eight such submarines. Prohibits using DOD funds for FY2013 or thereafter: (1) to maintain more than 200 intercontinental ballistic missiles (ICBMs), (2) to maintain more than 250 submarine-launched ballistic missiles, (3) for the RDT&E or procurement of a new ICBM, or (4) for the medium extended air defense system. Prohibits using DOD or Department of Energy (DOE) funds for FY2013 or thereafter for: (1) the mixed oxide fuel fabrication facility project, (2) the chemistry and metallurgy research replacement nuclear facility, and (3) the uranium processing facility at the Y-12 National Security Complex. Requires an initial and subsequent annual reports from the Secretaries of Defense and Energy to Congress outlining their respective plans to carry out the requirements of this Act. Directs the President to submit annually to Congress a comprehensive accounting by the Director of the Office of Management and Budget (OMB) of the amounts obligated or expended by the federal government for each nuclear weapon and related nuclear program during the fiscal year covered by the report and the life cycle of such weapon or program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Rape Kits and DNA Evidence Backlog Elimination Act of 2003''. SEC. 2. REAUTHORIZATION OF DNA ANALYSIS BACKLOG ELIMINATION ACT OF 2000. Section 2(j) of the DNA Analysis Backlog Elimination Act of 2000 (42 U.S.C. 14135(j)) is amended-- (1) in paragraph (1)-- (A) in subparagraph (B), by striking ``and''; (B) in subparagraph (C), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(D) $25,000,000 for fiscal year 2004; ``(E) $25,000,000 for fiscal year 2005; ``(F) $25,000,000 for fiscal year 2006; and ``(G) $25,000,000 for fiscal year 2007.''; and (2) in paragraph (2)-- (A) in subparagraph (C), by striking ``and''; and (B) by striking subparagraph (D), and inserting the following: ``(D) $75,000,000 for fiscal year 2004; ``(E) $75,000,000 for fiscal year 2005; ``(F) $25,000,000 for fiscal year 2006; and ``(G) $25,000,000 for fiscal year 2007.''. SEC. 3. EXPANSION OF COMBINED DNA INDEX SYSTEM. (a) Inclusion of all DNA Samples From States.--Section 210304 of the DNA Identification Act of 1994 (42 U.S.C. 14132) is amended-- (1) in subsection (a)(1), by striking ``of persons convicted of crimes;'' and inserting the following: ``of-- ``(A) persons convicted of crimes; and ``(B) other persons, as authorized under the laws of the jurisdiction that generates the records;''; and (2) by striking subsection (d). (b) Felons Convicted of Federal Crimes.--Section 3(d) of the DNA Analysis Backlog Elimination Act of 2000 (42 U.S.C. 14135a(d)) is amended to read as follows: ``(d) Qualifying Federal Offenses.--The offenses that shall be treated for purposes of this section as qualifying Federal offenses are the following offenses, as determined by the Attorney General: ``(1) Any felony. ``(2) Any offense under chapter 109A of title 18, United States Code. ``(3) Any crime of violence (as that term is defined in section 16 of title 18, United States Code). ``(4) Any attempt or conspiracy to commit any of the offenses under paragraphs (1) through (3).''. (c) Uniform Code of Military Justice.--Section 1565 of title 10, United States Code, is amended-- (1) by amending subsection (d) to read as follows: ``(d) Qualifying Military Offenses.--The offenses that shall be treated for purposes of this section as qualifying military offenses are the following offenses, as determined by the Secretary of Defense, in consultation with the Attorney General: ``(1) Any offense under the Uniform Code of Military Justice for which the authorized penalties include confinement for more than 1 year. ``(2) Any other offense under the Uniform Code of Military Justice that is comparable to a qualifying Federal offense (as determined under section 3(d) of the DNA Analysis Backlog Elimination Act of 2000).''; (2) by striking subsection (e); and (3) by redesignating subsection (f) as subsection (e). (d) Technical Amendments.--Section 811(a)(2) of the Antiterrorism and Effective Death Penalty Act of 1996 (28 U.S.C. 531 note) is amended-- (1) in subparagraph (A), by striking ``[42 U.S.C.A. 14132a(d)]'' and inserting ``(42 U.S.C. 14135a(d))''; and (2) in subparagraph (B), by striking ``[42 U.S.C.A. Sec. 14132b(d)]'' and inserting ``(42 U.S.C. 14135b(d))''. SEC. 4. FORENSIC LABORATORY GRANTS. (a) Grants Authorized.--The Attorney General is authorized to award grants to not more than 15 State or local forensic laboratories to implement innovative plans to encourage law enforcement, judicial, and corrections personnel to increase the submission of rape evidence kits and other biological evidence from crime scenes. (b) Application.--Not later than December 31, 2004, each laboratory desiring a grant under this section shall submit an application containing a proposed plan to encourage law enforcement officials in localities with a DNA backlog to increase the submission of rape evidence kits and other biological evidence from crime scenes. (c) Authorization of Appropriations.--There are authorized to be appropriated $30,000,000 for each of the fiscal years 2004 through 2006 to carry out the provisions of this section. SEC. 5. ELIGIBILITY OF LOCAL GOVERNMENTS OR INDIAN TRIBES TO APPLY FOR AND RECEIVE DNA BACKLOG ELIMINATION GRANTS. Section 2 of the DNA Analysis Backlog Elimination Act of 2000 (42 U.S.C. 14135) is amended-- (1) in subsection (a)-- (A) in the matter preceding paragraph (1)-- (i) by inserting ``, units of local government, or Indian tribes'' after ``eligible States''; and (ii) by inserting ``, unit of local government, or Indian tribe'' after ``State''; and (B) in paragraph (3), by striking ``or by units of local government'' and inserting ``, units of local government, or Indian tribes``; (2) in subsection (b)-- (A) in the matter preceding paragraph (1), by inserting ``, unit of local government, or Indian tribe'' after ``State'' each place that term appears; (B) in paragraph (1), by inserting ``, unit of local government, or Indian tribe`` after ``State''; (C) in paragraph (3), by inserting ``, unit of local government, or Indian tribe'' after ``State'' the first time that term appears; (D) in paragraph (4), by inserting ``, unit of local government, or Indian tribe'' after ``State''; and (E) in paragraph (5), by inserting ``, unit of local government, or Indian tribe'' after ``State''; (3) in subsection (c), by inserting ``, unit of local government, or Indian tribe'' after ``State''; (4) in subsection (d)-- (A) in paragraph (1)-- (i) in subparagraph (A), by striking ``or a unit of local government'' and inserting ``, a unit of local government, or an Indian tribe''; and (ii) in subparagraph (B), by striking ``or a unit of local government'' and inserting ``, a unit of local government, or an Indian tribe''; and (B) in paragraph (2)(A), by inserting ``, units of local government, and Indian tribes,'' after ``States''; (5) in subsection (e)-- (A) in paragraph (1), by inserting ``or local government'' after ``State'' each place that term appears; and (B) in paragraph (2), by inserting ``, unit of local government, or Indian tribe'' after ``State''; (6) in subsection (f), in the matter preceding paragraph (1), by inserting ``, unit of local government, or Indian tribe'' after ``State''; (7) in subsection (g)-- (A) in paragraph (1), by inserting ``, unit of local government, or Indian tribe'' after ``State''; and (B) in paragraph (2), by inserting ``, units of local government, or Indian tribes'' after ``States''; and (8) in subsection (h), by inserting ``, unit of local government, or Indian tribe'' after ``State'' each place that term appears. SEC. 6. SAFE PROGRAM. (a) Establishment of Grant Program.--The Attorney General shall establish a program to award and disburse annual grants to SAFE programs. (b) Compliance With National Protocol.--To receive a grant under this section, a proposed or existing SAFE program shall be in compliance with the standards and recommended national protocol developed by the Attorney General pursuant to section 1405 of the Victims of Trafficking and Violence Protection Act of 2000 (42 U.S.C. 3796gg note). (c) Application.-- (1) In general.--Each proposed or existing SAFE program that desires a grant under this section shall submit an application to the Attorney General at such time, and in such manner, as the Attorney General shall reasonably require. (2) Contents.--Each application submitted pursuant to paragraph (1) shall include information regarding-- (A) the size of the population or estimated population to be served by the proposed or existing SAFE program; and (B) if the SAFE program exists at the time the applicant submits its application, the effectiveness of that SAFE program. (d) Priority Given to Programs in Underserved Areas.--In awarding grants under this section, the Attorney General shall give priority to proposed or existing SAFE programs that are serving, or will serve, populations currently underserved by existing SAFE programs. (e) Nonexclusivity.--Nothing in this Act shall be construed to limit or restrict the ability of proposed or existing SAFE programs to apply for and obtain Federal funding from any other agency or department, or under any other Federal grant program. (f) Audits.--The Attorney General shall audit recipients of grants awarded and disbursed under this section to ensure-- (1) compliance with the standards and recommended national protocol developed by the Attorney General pursuant to section 1405 of the Victims of Trafficking and Violence Protection Act of 2000 (42 U.S.C. 3796gg note); (2) compliance with other applicable Federal laws; and (3) overall program effectiveness. (g) Authorization of Appropriations.--There are authorized to be appropriated to the Department of Justice $10,000,000 for each of fiscal years 2004 through 2008 for grants under this section. SEC. 7. DNA EVIDENCE TRAINING GRANTS. (a) Grants Authorized.--The Attorney General is authorized to award grants to prosecutor's offices, associations, or organizations to train local prosecutors in the use of DNA evidence in a criminal investigation or a trial. (b) Application.--Each eligible entity 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. (c) Authorization of Appropriations.--There are authorized to be appropriated $5,000,000 for each of the fiscal years 2004 through 2006 to carry out the provisions of this section. SEC. 8. NO STATUTE OF LIMITATIONS FOR CHILD ABDUCTION AND SEX CRIMES. (a) Statute of Limitations.-- (1) In general.--Chapter 213 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 3297. Child abduction and sex offenses ``Notwithstanding any other provision of law, an indictment may be found or an information instituted at any time without limitation for any offense under section 1201 involving a minor victim, and for any felony under chapter 109A, 110, or 117, or section 1591.''. (2) Amendment to chapter analysis.--The table of sections at the beginning of such chapter is amended by adding at the end the following new item: ``3297. Child abduction and sex offenses.''. (b) Application.--The amendments made by this section shall apply to the prosecution of any offense committed before, on, or after the date of the enactment of this section. SEC. 9. TOLLING OF LIMITATION PERIOD FOR PROSECUTION IN CASES INVOLVING DNA IDENTIFICATION. (a) In General.--Chapter 213 of title 18, United States Code, as amended by section 8, is further amended by adding at the end the following: ``Sec. 3298. Cases involving DNA evidence ``In a case in which DNA testing implicates a person in the commission of a felony, no statute of limitations that would otherwise preclude prosecution of the offense shall preclude such prosecution until a period of time following the DNA testing that implicates the person has elapsed that is equal to the otherwise applicable limitation period.''. (b) Clerical Amendment.--The table of sections for chapter 213 of title 18, United States Code, is amended by adding at the end the following: ``3298. Cases involving DNA evidence.''. (c) Effective Date.--The amendments made by this section shall apply to the prosecution of any offense committed before, on, or after the date of the enactment of this section. SEC. 10. LEGAL ASSISTANCE FOR VICTIMS OF VIOLENCE. Section 1201 of the Violence Against Women Act of 2000 (42 U.S.C. 3796gg-6) is amended-- (1) in subsection (a), by inserting ``dating violence,'' after ``domestic violence,''; (2) in subsection (b)-- (A) by inserting before paragraph (1) the following: ``(1) Dating violence.--The term `dating violence' means violence committed by a person-- ``(A) who is or has been in a social relationship of a romantic or intimate nature with the victim; and ``(B) where the existence of such a relationship shall be determined based on a consideration of-- ``(i) the length of the relationship; ``(ii) the type of relationship; and ``(iii) the frequency of interaction between the persons involved in the relationship.''; (B) by redesignating paragraphs (1), (2), and (3) as paragraphs (2), (3), and (4) respectively; and (C) in paragraph (3), as redesignated by subparagraph (B) of this paragraph, by inserting ``dating violence,'' after ``domestic violence,''; (3) in subsection (c)-- (A) in paragraph (1), by inserting-- (i) ``, dating violence,'' after ``between domestic violence''; and (ii) ``dating violence,'' after ``victims of domestic violence,''; (B) in paragraph (2), by inserting ``dating violence,'' after ``domestic violence,''; and (C) in paragraph (3), by inserting ``dating violence,'' after ``domestic violence,''; (4) in subsection (d)-- (A) in paragraph (1), by inserting ``, dating violence,'' after ``domestic violence''; (B) in paragraph (2), by inserting ``, dating violence,'' after ``domestic violence''; (C) in paragraph (3), by inserting ``, dating violence,'' after ``domestic violence''; and (D) in paragraph (4), by inserting ``dating violence,'' after ``domestic violence,''; (5) in subsection (e), by inserting ``dating violence,'' after ``domestic violence,''; and (6) in subsection (f)(2)(A), by inserting ``dating violence,'' after ``domestic violence,''. SEC. 11. SENSE OF CONGRESS. It is the sense of Congress that the Paul Coverdell National Forensic Science Improvement Act (Public Law 106-561) should be funded in order to improve the quality, timeliness, and credibility of forensic science services for criminal justice purposes.

Rape Kits and DNA Evidence Backlog Elimination Act of 2003 - Reauthorizes appropriations under the DNA Analysis Backlog Elimination Act of 2000 (the Act).Expands the scope of DNA samples to be included in the Combined DNA Index System.Authorizes the Attorney General to award grants to up to 15 State or local forensic laboratories to implement innovative plans to encourage law enforcement, judicial, and corrections personnel to increase the submission of rape evidence kits and other biological evidence from crime scenes.Amends the Act to make local governments and Indian tribes eligible to apply for and receive DNA backlog elimination grants.Requires the Attorney General to establish a program to award and disburse annual grants to SAFE (Sexual Assault Forensic Examination) programs, with priority to programs that are serving, or will serve, populations currently under-served by existing SAFE programs.Authorizes the Attorney General to award grants to prosecutor's offices, associations, or organizations to train local prosecutors in the use of DNA evidence in a criminal investigation or a trial.Eliminates the statute of limitations for child abduction and sex offenses. Provides that the limitation period in cases in which DNA testing implicates a person in the commission of a felony shall not preclude prosecution until an equal period has elapsed following such testing.Amends the Violence Against Women Act of 2000 to cover dating violence.Expresses the sense of Congress that the Paul Coverdell National Forensic Science Improvement Act should be funded in order to improve the quality, timeliness, and credibility of forensic science services for criminal justice purposes.

SECTION 1. REQUIRED USE OF OPTION 1A AS PRICE STRUCTURE FOR CLASS I MILK UNDER CONSOLIDATED FEDERAL MILK MARKETING ORDERS. (a) Use of Option 1A.--In implementing the final decision for the consolidation and reform of Federal milk marketing orders, as required by section 143 of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7253), the Secretary of Agriculture shall price fluid or Class I milk under the orders using the Class I price differentials identified as Option 1A ``Location-Specific Differentials Analysis'' in the proposed rule published in the Federal Register on January 30, 1998 (63 Fed. Reg. 4802, 4809), except that the Secretary shall include the corrections and modifications to such Class I differentials made by the Secretary through April 2, 1999. (b) Effect on Implementation Schedule.--The requirement to use Option 1A in subsection (a) does not modify or delay the time period for actual implementation of the final decision as part of Federal milk marketing orders specified in section 738 of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1999 (as contained in section 101(a) of division A of Public Law 105-277; 112 Stat. 2681-30). (c) Implementation of Requirement.-- (1) Expedited implementation.--The Secretary of Agriculture shall comply with subsection (a) as soon as practicable after the date of the enactment of this Act. The requirement to use the Option 1A described in such subsection shall not be subject to-- (A) the notice and hearing requirements of section 8c(3) of the Agricultural Adjustment Act (7 U.S.C. 608c(3)), reenacted with amendments by the Agricultural Marketing Agreement Act of 1937, or the notice and comment provisions of section 553 of title 5, United States Code; (B) a referendum conducted by the Secretary of Agriculture pursuant to subsections (17) or (19) of such section 8c; (C) the Statement of Policy of the Secretary of Agriculture effective July 24, 1971 (36 Fed. Reg. 13804), relating to notices of proposed rulemaking and public participation in rulemaking; and (D) chapter 35 of title 44, United States Code (commonly known as the ``Paperwork Reduction Act''). (2) Effect on minimum milk prices.--If the Secretary of Agriculture announces minimum prices for milk under Federal milk marketing orders pursuant to section 1000.50 of title 7, Code of Federal Regulations, before the date on which the Secretary first complies with subsection (a), the minimum prices so announced before that date shall be the only applicable minimum prices under Federal milk marketing orders for the months for which the prices have been announced. SEC. 2. NECESSITY OF USING FORMAL RULEMAKING TO DEVELOP PRICING METHODS FOR CLASS III AND CLASS IV MILK; MODIFIED MANUFACTURING ALLOWANCE FOR CHEESE. (a) Congressional Finding.--The Class III and Class IV pricing formulas included in the final decision for the consolidation and reform of Federal milk marketing orders, as published in the Federal Register on April 2, 1999 (64 Fed. Reg. 16025), do not adequately reflect public comment on the original proposed rule published in the Federal Register on January 30, 1998 (63 Fed. Reg. 4802), and are sufficiently different from the proposed rule and any comments submitted with regard to the proposed rule that further emergency rulemaking is merited. (b) Formal Rulemaking.-- (1) Required.--The Secretary of Agriculture shall conduct rulemaking, on the record after an opportunity for an agency hearing, to reconsider the Class III and Class IV pricing formulas included in the final decision referred to in subsection (a). (2) Implementation.--A final decision on the formula shall be implemented not later than 10 months after the date of the enactment of this Act. (3) Effect of court order.--The actions authorized by this subsection are intended to ensure the timely publication and implementation of new pricing formulas for Class III and Class IV milk. In the event that the Secretary is enjoined or otherwise restrained by a court order from implementing the final decision under paragraph (2), the length of time for which that injunction or other restraining order is effective shall be added to the time limitations specified in paragraph (2) thereby extending those time limitations by a period of time equal to the period of time for which the injunction or other restraining order is effective. (c) Failure To Timely Complete Rulemaking.--If the Secretary of Agriculture fails to implement new Class III and Class IV pricing formulas within the time period required under subsection (b)(2) (plus any additional period provided under subsection (b)(3)), the Secretary may not assess or collect assessments from milk producers or handlers under section 8c of the Agricultural Adjustment Act (7 U.S.C. 608c), reenacted with amendments by the Agricultural Marketing Agreement Act of 1937, for marketing order administration and services provided under such section after the end of that period until the pricing formulas are implemented. The Secretary may not reduce the level of services provided under that section on account of the prohibition against assessments, but shall rather cover the cost of marketing order administration and services through funds available for the Agricultural Marketing Service of the Department. (d) Effect on Implementation Schedule.--Subject to subsection (e), the requirement for additional rulemaking in subsection (b) does not modify or delay the time period for actual implementation of the final decision referred to in subsection (a) as part of Federal milk marketing orders, as such time period is specified in section 738 of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1999 (as contained in section 101(a) of division A of Public Law 105-277; 112 Stat. 2681-30). (e) Modified Manufacturing Allowance for Cheese.-- (1) Modification of allowance.--Pending the implementation of new pricing formulas for Class III and Class IV milk as required by subsection (b), the Secretary of Agriculture shall modify the formula used for determining Class III prices, as contained in the final decision referred to in subsection (a), to replace the manufacturing allowance of 17.02 cents per pound of cheese each place it appears in that formula with an amount equal to 14.7 cents per pound of cheese. (2) Expedited implementation.--The Secretary of Agriculture shall implement the modified formula as soon as practicable after the date of the enactment of this Act. Implementation and use of the modified formula shall not be subject to-- (A) the notice and hearing requirements of section 8c(3) of the Agricultural Adjustment Act (7 U.S.C. 608c(3)), reenacted with amendments by the Agricultural Marketing Agreement Act of 1937, or the notice and comment provisions of section 553 of title 5, United States Code; (B) a referendum conducted by the Secretary of Agriculture pursuant to subsections (17) or (19) of such section 8c; (C) the Statement of Policy of the Secretary of Agriculture effective July 24, 1971 (36 Fed. Reg. 13804), relating to notices of proposed rulemaking and public participation in rulemaking; and (D) chapter 35 of title 44, United States Code (commonly known as the ``Paperwork Reduction Act''). (3) Effect on minimum milk prices.--If the Secretary of Agriculture announces minimum prices for milk under Federal milk marketing orders pursuant to section 1000.50 of title 7, Code of Federal Regulations, before the date on which the Secretary first implements the modified formula, the minimum prices so announced before that date shall be the only applicable minimum prices under Federal milk marketing orders for the months for which the prices have been announced. SEC. 3. ONE-YEAR EXTENSION OF CURRENT MILK PRICE SUPPORT PROGRAM. (a) Extension of Program.--Subsection (h) of section 141 of the Agricultural Market Transition Act (7 U.S.C. 7251) is amended by striking ``1999'' both places it appears and inserting ``2000''. (b) Continuation of Current Price Support Rate.--Subsection (b)(4) of such section is amended by striking ``year 1999'' and inserting ``years 1999 and 2000''. (c) Elimination of Recourse Loan Program for Processors.--Section 142 of the Agricultural Market Transition Act (7 U.S.C. 7252) is repealed. SEC. 4. DAIRY FORWARD PRICING PROGRAM. The Agricultural Adjustment Act (7 U.S.C. 601 et seq.), reenacted with amendments by the Agricultural Marketing Agreement Act of 1937, is amended by adding at the end the following new section: ``SEC. 23. DAIRY FORWARD PRICING PILOT PROGRAM. ``(a) Pilot Program Required.--Not later than 90 days after the date of the enactment of this section, the Secretary of Agriculture shall establish a temporary pilot program under which milk producers and cooperatives are authorized to voluntarily enter into forward price contracts with milk handlers. ``(b) Minimum Milk Price Requirements.--Payments made by milk handlers to milk producers and cooperatives, and prices received by milk producers and cooperatives, under the forward contracts shall be deemed to satisfy-- ``(1) all regulated minimum milk price requirements of paragraphs (B) and (F) of subsection (5) of section 8c; and ``(2) the requirement of paragraph (C) of such subsection regarding total payments by each handler. ``(c) Milk Covered by Pilot Program.--The pilot program shall apply only with respect to the marketing of federally regulated milk that-- ``(1) is not classified as Class I milk or otherwise intended for fluid use; and ``(2) is in the current of interstate or foreign commerce or directly burdens, obstructs, or affects interstate or foreign commerce in federally regulated milk. ``(d) Duration.--The authority of the Secretary of Agriculture to carry out the pilot program shall terminate on December 31, 2004. No forward price contract entered into under the program may extend beyond that date. ``(e) Study and Report on Effect of Pilot Program.-- ``(1) Study.--The Secretary of Agriculture shall conduct a study on forward contracting between milk producers and cooperatives and milk handlers to determine the impact on milk prices paid to producers in the United States. To obtain information for the study, the Secretary may use the authorities available to the Secretary under section 8d, subject to the confidentiality requirements of subsection (2) of such section. ``(2) Report.--Not later than April 30, 2002, the Secretary shall submit to the Committee on Agriculture, Nutrition and Forestry of the Senate and the Committee on Agriculture of the House of Representatives a report containing the results of the study.''. Passed the House of Representatives September 22, 1999. Attest: JEFF TRANDAHL, Clerk.

Directs the Secretary of Agriculture to implement the Class I fluid milk price structure known as Option 1A "Location-Specific Differentials Analysis" as part of the final rule to consolidate Federal milk marketing orders. States that such option requirement shall not modify the existing (final rule) implementation schedule. States that the Option 1A requirement shall not be subject to specified requirements regarding: (1) notice and hearing; (2) referendum; (3) rulemaking notice and public participation; and (4) paperwork reduction. States that if the Secretary announces minimum milk prices under a marketing order prior to implementation of the rule under this Act, such prices shall be the applicable minimum prices for the months so covered. (Sec. 2) Expresses the congressional finding that certain Class III and IV milk pricing formulas require further emergency rulemaking because they do not adequately reflect public comment and are sufficiently different from the proposed rule. States that the Secretary shall: (1) conduct formal rulemaking, implement a final decision not later than ten months after enactment of this Act, and collect no marketing order assessments (without reducing service levels) during any period of noncompliance with such time frame; and (2) reduce the cheese manufacturing allowance to 14.7 cents per pound pending such price implementation. (Sec. 3) Amends the Agricultural Market Transition Act to: (1) extend the milk price support program (at 1999 rates) through December 31, 2000; and (2) eliminate the processor loan recourse program. (Sec. 4) Amends the Agricultural Adjustment Act, reenacted with amendments by the Agricultural Marketing Agreement Act of 1937, to direct the Secretary to implement a dairy forward pricing pilot program through December 31, 2004. Applies such program to federally regulated milk that: (1) is not Class I milk or otherwise intended for fluid use; and (2) is in or directly affects interstate or foreign milk commerce. Directs the Secretary to study the impact of forward contracting on milk prices paid to U.S. producers.

SECTION 1. EXEMPTION FROM PAYMENT OF INDIVIDUAL CONTRIBUTIONS UNDER MONTGOMERY GI BILL OF INDIVIDUALS WHO SERVE AS ACTIVE DUTY MEMBERS OF THE ARMED FORCES UNDER EXECUTIVE ORDER 13235. (a) Active Duty Program.--Notwithstanding section 3011(b) of title 38, United States Code, no reduction in basic pay otherwise required by such section shall be made in the case of a covered member of the Armed Forces. (b) Selected Reserve Program.--Notwithstanding section 3012(c) of such title, no reduction in basic pay otherwise required by such section shall be made in the case of a covered member of the Armed Forces. (c) Termination of On-Going Reductions in Basic Pay.--In the case of a covered member of the Armed Forces who first became a member of the Armed Forces or first entered on active duty as a member of the Armed Forces before the date of the enactment of this Act and whose basic pay would, but for subsection (a) or (b) of this section, be subject to reduction under section 3011(b) or 3012(c) of such title for any month beginning on or after that date, the reduction of basic pay of such covered member of the Armed Forces under such section 3011(b) or 3012(c), as applicable, shall cease commencing with the first month beginning on or after that date. (d) Refund of Contributions.--(1) In the case of any covered member of the Armed Forces whose basic pay was reduced under section 3011(b) or 3012(c) of such title for any month beginning before the date of the enactment of this Act, the Secretary concerned shall pay to such covered member of the Armed Forces an amount equal to the aggregate amount of reductions of basic pay of such member of the Armed Forces under such section 3011(b) or 3012(c), as applicable, as of that date. (2) Any amount paid to a covered member of the Armed Forces under paragraph (1) shall not be included in gross income under the Internal Revenue Code of 1986. (3) Amounts for payments under paragraph (1) shall be derived from amounts appropriated or otherwise made available to the Secretary concerned for military personnel in chapter 1 of title I of the Emergency Supplemental Appropriations Act for Defense and for the Reconstruction of Iraq and Afghanistan, 2004 (Public Law 108-106; 117 Stat. 1209). (4) In this subsection, the term ``Secretary concerned'' means-- (A) the Secretary of the Army, with respect to matters concerning the Army; (B) the Secretary of the Navy, with respect to matters concerning the Navy or the Marine Corps; (C) the Secretary of the Air Force, with respect to matters concerning the Air Force; and (D) the Secretary of Homeland Security, with respect to matters concerning the Coast Guard. (e) Covered Member of the Armed Forces Defined.--In this section, the term ``covered member of the Armed Forces'' means any individual who serves on active duty as a member of the Armed Forces during the period-- (1) beginning on November 16, 2001, the date of Executive Order 13235, relating to National Emergency Construction Authority; and (2) ending on the termination date of the Executive order referred to in paragraph (1). SEC. 2. OPPORTUNITY FOR INDIVIDUALS WHO SERVE AS ACTIVE DUTY MEMBERS OF THE ARMED FORCES UNDER EXECUTIVE ORDER 13235 TO WITHDRAW ELECTION NOT TO ENROLL IN MONTGOMERY GI BILL. Section 3018 of title 38, United States Code, is amended-- (1) by redesignating subsections (c) and (d) as subsection (d) and (e), respectively; (2) by inserting after subsection (b) the following new subsection (c): ``(c)(1) Notwithstanding any other provision of this chapter, during the one-year period beginning on the date of the enactment of this subsection, an individual who-- ``(A) serves on active duty as a member of the Armed Forces during the period beginning on November 16, 2001, and ending on the termination date of Executive Order 13235, relating to National Emergency Construction Authority; and ``(B) has served continuously on active duty without a break in service following the date the individual first becomes a member or first enters on active duty as a member of the Armed Forces, shall have the opportunity, on such form as the Secretary of Defense shall prescribe, to withdraw an election under section 3011(c)(1) or 3012(d)(1) of this title not to receive education assistance under this chapter. ``(2) An individual described paragraph (1) who made an election under section 3011(c)(1) or 3012(d)(1) of this title and who-- ``(A) while serving on active duty during the one-year period beginning on the date of the enactment of this subsection makes a withdrawal of such election; ``(B) continues to serve the period of service which such individual was obligated to serve; ``(C) serves the obligated period of service described in subparagraph (B) or before completing such obligated period of service is described by subsection (b)(3)(B); and ``(D) meets the requirements set forth in paragraphs (4) and (5) of subsection (b), is entitled to basic educational assistance under this chapter.''; and (3) in subsection (e), as so redesignated, by inserting ``or (c)(2)(A)'' after ``(b)(1)''.

Exempts from the mandatory payroll deductions ($100 for the first 12 months of active duty pay) under the veterans' basic educational assistance program, members of the Armed Forces and Selected Reserve on active duty between November 16, 2001, and the termination date of Executive Order 13235, who elect to receive basic educational assistance. Provides for reimbursement of payroll deductions taken prior to the enactment of this Act. Allows such members to withdraw an election not to receive basic educational assistance.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Health Quality and Fairness Act of 1998''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Patient protection standards under the Public Health Service Act. ``Part C--Patient Protection Standards ``Sec. 2770. Notice. ``Sec. 2771. Coverage of services. ``Sec. 2772. Access to emergency care. ``Sec. 2773. Protecting the doctor-patient relationship. ``Sec. 2774. Quality assurance. ``Sec. 2775. Designation of primary care provider. ``Sec. 2776. Grievance and appeals procedures. ``Sec. 2777. Understandability of information.''. SEC. 2. PATIENT PROTECTION STANDARDS UNDER THE PUBLIC HEALTH SERVICE ACT. (a) Patient Protection Standards.--Title XXVII of the Public Health Service Act is amended-- (1) by redesignating part C as part D, and (2) by inserting after part B the following new part: ``Part C--Patient Protection Standards ``SEC. 2770. NOTICE. ``A health insurance issuer under this part shall comply with the notice requirement under section 711(d) of the Employee Retirement Income Security Act of 1974 with respect to the requirements of this part as if such section applied to such issuer and such issuer were a group health plan. ``SEC. 2771. COVERAGE OF SERVICES. ``(a) In General.--If a health insurance issuer offering health insurance coverage provides benefits with respect to a service, and a physician recommends such service for an enrollee, the issuer shall cover any service furnished under the coverage unless a physician who has reviewed the notes of the attending physician and any medical records of the enrollee determines that such services should not be covered. ``(b) Written Denial of Coverage.--In a case in which a health insurance issuer denies coverage of a service to an enrollee, issuer shall provide, in writing, to the enrollee, the physician who recommended such service, and the primary physician of the enrollee-- ``(1) the reasons for the denial of coverage; ``(2) the criteria used to determine whether to authorize or deny coverage; and ``(3) the right of the enrollee to file a written grievance. ``SEC. 2772. ACCESS TO EMERGENCY CARE. ``(a) Coverage of Emergency Services.-- ``(1) In general.--If health insurance coverage provides any benefits with respect to emergency services (as defined in paragraph (2)(B)), the plan or issuer shall cover emergency services furnished under the plan or coverage-- ``(A) without the need for any prior authorization determination; ``(B) whether or not the physician or provider furnishing such services is a participating physician or provider with respect to such services; and ``(C) without regard to any other term or condition of such coverage (other than exclusion or coordination of benefits, or an affiliation or waiting period, permitted under section 2701 of the Public Health Service Act, section 701 of the Employee Retirement Income Security Act of 1974, or section 9801 of the Internal Revenue Code of 1986, and other than applicable cost sharing). ``(2) Definitions.--In this section: ``(A) Emergency medical condition based on prudent layperson standard.--The term `emergency medical condition' means a medical condition manifesting itself by acute symptoms of sufficient severity (including severe pain) such that a prudent layperson, who possesses an average knowledge of health and medicine, could reasonably expect the absence of immediate medical attention to result in a condition described in clause (i), (ii), or (iii) of section 1867(e)(1)(A) of the Social Security Act. ``(B) Emergency services.--The term `emergency services' means health care items and services that are necessary for the diagnosis, treatment, and stabilization of an emergency medical condition. ``SEC. 2773. PROTECTING THE DOCTOR-PATIENT RELATIONSHIP. ``(a) Prohibition on Restricting Communication.--A health insurance issuer offering health insurance coverage may not restrict or interfere with any communication between a health care professional and an enrollee with respect to information that the health care professional determines is relevant to the health care of the enrollee. ``(b) Prohibition on Financial Incentives.--A health insurance issuer offering health insurance coverage may not offer or pay any financial incentive to a provider of health care services to deny, reduce, withhold, limit, or delay services to an enrollee. ``(c) Prohibition on Retaliation.--A health insurance issuer offering health insurance coverage may not terminate a contract, demote, refuse to contract with, or refuse to compensate a health care professional because the professional-- ``(1) advocates on behalf of an enrollee; ``(2) assists an enrollee in seeking reconsideration of a decision by the issuer to deny coverage for a service; or ``(3) reports a violation of law to an appropriate authority. ``SEC. 2774. QUALITY ASSURANCE. ``(a) Requirement.--A health insurance issuer offering health insurance coverage shall establish and maintain an ongoing quality assurance program that meets the requirements of subsection (b). ``(b) Program Requirements.--The requirements of this subsection for a quality assurance program of an issuer are as follows: ``(1) Administration.--The issuer has an identifiable unit with responsibility for administration of the program. ``(2) Written plan.--The issuer has a written plan, developed in consultation with health care professionals, that is updated annually and that specifies at least the following: ``(A) Criteria and procedures for the assessment of quality. ``(B) Criteria and procedures for determining coverage of services. ``(3) Review.--The program provides for systematic review of the following: ``(A) Outcomes of health care services; ``(B) Peer review; ``(C) A system to collect and maintain information related to the health care services provided to enrollees; ``(D) Guidelines for action when problems related to quality of care are identified. ``SEC. 2775. DESIGNATION OF PRIMARY CARE PROVIDER. ``If a health insurance issuer offering health insurance coverage requires or provides for an enrollee to designate a participating primary care provider-- ``(1) the issuer shall permit a female enrollee to designate an obstetrician-gynecologist who has agreed to be designated as such, as the enrollee's primary care provider; and ``(2) the issuer shall permit the enrollee to designate a physician who specializes in pediatrics as the primary care provider for a child of such enrollee. ``SEC. 2776. GRIEVANCE AND APPEALS PROCEDURES. ``(a) Establishment of Grievance System.--A health insurance issuer, in connection with the provision of health insurance coverage, shall establish and maintain a system to provide for the presentation and resolution of oral and written grievances brought by enrollees. The system shall include grievances regarding-- ``(1) payment or reimbursement for covered services; ``(2) availability, delivery, and quality of services; and ``(3) terms and conditions of the plan or coverage. ``(b) General Elements.--The system shall include-- ``(1) the general components described in subsection (c); and ``(2) a process for appeals of adverse denials of benefits-- ``(A) through an internal appeal process; ``(B) through an external appeal process; and ``(C) through a process for expediting review of the internal appeals process. ``(c) Components of the System.--Such system shall include the following components with respect individuals who are enrollees: ``(1) The availability of a services representative to assist such individuals, as requested, with the grievance procedures. ``(2) A system to record and document, over a period of at least 3 years, all grievances made and their status. ``(3) A process providing for timely processing and resolution of grievances. ``(d) Internal Appeals Process.-- ``(1) In general.--Each health insurance issuer shall establish and maintain an internal appeals process under which any enrollee, or provider acting on behalf of such an individual with the individual's consent, who is dissatisfied with the results of the issuer has the opportunity to appeal the results before a review panel. ``(2) Deadline.-- ``(A) In general.--The issuer shall conclude each appeal as soon as possible after the time of the receipt of the appeal in accordance with medical exigencies of the case involved, but in no event later than-- ``(i) 72 hours after the time of receipt of the appeal in the case of appeals from decisions regarding urgent care, and ``(ii) 30 business days after such time in the case of all other appeals. ``(3) Notice.--If an issuer denies an appeal, the issuer shall provide the enrollee and provider involved with written notification of the denial and the reasons therefor, together with a written notification of rights to any further appeal. ``(e) External Appeals Process.--A health insurance issuer offering group health insurance coverage, shall provide for an external appeals process which may be used upon completion of the internal review process under subsection (d). The process shall be conducted consistent with standards established by the Secretary. ``(f) Expedited Review Process.--A health insurance issuer shall establish written procedures for the expedited consideration of appeals in situations in which the timeframe of a standard appeal under the respective subsection has reasonable potential to jeopardize seriously the life or health of the participant, beneficiary, or enrollee involved or has reasonable potential to jeopardize such an individual's ability to regain maximum function. ``SEC. 2777. UNDERSTANDABILITY OF INFORMATION. ``Information provided to or made available to enrollees under this part, whether written or oral, shall be easily understandable by an average layperson, with respect to the terms used.''. (b) Effective Date.--The amendments made by subsection (a) shall apply to causes of action arising on or after the date of the enactment of this Act.

Health Quality and Fairness Act of 1998 - Amends title XXVII (Assuring Portability, Availability, and Renewability of Health Insurance Coverage) of the Public Health Service Act to establish a new part (Patient Protection Standards) which sets forth health plan standards concerning: (1) notice; (2) coverage; (3) access to emergency care; (4) the doctor-patient relationship; (5) quality assurance; (6) designation of a primary care provider; (7) grievance and appeals procedures; and (8) understandability of information.

SECTION 1. AUTHORITY TO GRANT STATE STATUS TO INDIAN TRIBES FOR ENFORCEMENT OF SOLID WASTE DISPOSAL ACT. (a) Definitions.--Section 1004 of the Solid Waste Disposal Act (42 U.S.C. 6903) is amended-- (1) in paragraph (13)(A), by striking ``or authorized tribal organization or Alaska Native village or organization,''; (2) in paragraph (15), by inserting after ``State,'' the following: ``Indian tribe,''; and (3) by adding at the end the following new paragraphs: ``(42) The term `Indian country' means-- ``(A) all land within the limits of any Indian reservation under the jurisdiction of the Federal Government (including any right-of-way running through the reservation), notwithstanding the issuance of any patent; ``(B) all dependent Indian communities within the borders of the United States, including dependent Indian communities-- ``(i) within the original territory or territory that is subsequently acquired; and ``(ii) within or without the limits of a State; and ``(C) all Indian allotments with respect to which the Indian titles have not been extinguished, including rights-of- way running through the allotments. ``(43) The term `Indian tribe' means any Indian tribe, band, group, or community, including any Alaska Native village, organization, or regional corporation (as defined in, or established pursuant to, the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.)) that-- ``(A) is recognized by the Secretary of the Interior; and ``(B) exercises governmental authority within Indian country.''. (b) Treatment of Indian Tribes as States.--Subtitle A of such Act (42 U.S.C. 6901 et seq.) is amended by adding at the end the following new section: ``SEC. 1009. INDIAN TRIBES. ``(a) In General.--Subject to subsection (b), the Administrator may-- ``(1) treat an Indian tribe as a State for the purposes of this Act; ``(2) delegate to an Indian tribe primary enforcement responsibility for programs and projects established under this Act; and ``(3) provide Indian tribes grant and contract assistance to carry out functions of a State pursuant to this Act. ``(b) Environmental Protection Agency Regulations.-- ``(1) In general.-- ``(A) Treatment.--Not later than 18 months after the date of the enactment of this section, the Administrator shall issue final regulations that specify the manner in which Indian tribes shall be treated as States for the purposes of this Act. ``(B) Authorization.--Under the regulations issued by the Administrator, the treatment of an Indian tribe as a State shall be authorized only if-- ``(i) the Indian tribe has a governing body carrying out substantial governmental duties and powers; ``(ii) the functions that the Indian tribe will exercise pertain to land and resources that are-- ``(I) held by the Indian tribe, the United States in trust for the Indian tribe, or a member of the Indian tribe (if the property interest is subject to a trust restriction on alienation); or ``(II) are otherwise within Indian country; and ``(iii) in the judgment of the Administrator, the Indian tribe is reasonably expected to be capable of carrying out the functions to be exercised in a manner consistent with the requirements of this Act (including all applicable regulations). ``(2) Exceptions.-- ``(A) In general.--If, with respect to a provision of this Act, the Administrator determines that the treatment of an Indian tribe in the same manner as a State is inappropriate, administratively infeasible, or otherwise inconsistent with the purposes of this Act, the Administrator may include in the regulations issued under this section a mechanism by which the Administrator carries out the provision in lieu of the Indian tribe in an appropriate manner. ``(B) Statutory construction.--Subject to subparagraph (C), nothing in this section is intended to permit an Indian tribe to assume or maintain primary enforcement responsibility for programs established under this Act in a manner that is less protective of human health and the environment than the manner in which a State may assume or maintain the responsibility. ``(C) Criminal enforcement.--An Indian tribe shall not be required to exercise jurisdiction over the enforcement of criminal penalties. ``(c) Cooperative Agreements.--In order to ensure the consistent implementation of the requirements of this Act, an Indian tribe and each State in which the lands of the Indian tribe are located may, subject to review and approval by the Administrator, enter into a cooperative agreement, to cooperatively plan and carry out the requirements of this Act. ``(d) Report.--Not later than 2 years after the date of enactment of this section, the Administrator, in cooperation with the Secretary of the Interior, the Director of the Indian Health Service, and Indian tribes, shall submit to Congress a report that includes-- ``(1) recommendations for addressing hazardous and solid wastes and underground storage tanks within Indian country; ``(2) methods to maximize the participation in, and administration of, programs established under this Act by Indian tribes; ``(3) an estimate of the amount of Federal assistance that will be required to carry out this section; and ``(4) a discussion of proposals by the Administrator concerning the provision of assistance to Indian tribes for the administration of programs and projects pursuant to this Act. ``(e) Tribal Hazardous Waste Site Inventory.-- ``(1) Inventory.--Not later than 2 years after the date of enactment of this section, the Administrator shall undertake a continuing program to establish an inventory of sites within Indian country at which hazardous waste has been stored or disposed of. ``(2) Contents of inventory.--The inventory shall include-- ``(A) the information required to be collected by States pursuant to section 3012; and ``(B) sites located at Federal facilities within Indian country.''. (c) Technical Amendment.--The table of contents for subtitle A of such Act (contained in section 1001 of such Act (42 U.S.C. prec. 6901)) is amended by adding at the end the following new item: ``Sec. 1009. Indian tribes.''. SEC. 2. LEAKING UNDERGROUND STORAGE TANK TRUST FUND. Section 9508(c)(1) of the Internal Revenue Code of 1986 is amended-- (1) by striking ``Except as provided'' and inserting the following: ``(A) Purposes.--Except as provided''; and (2) by adding at the end the following new subparagraph: ``(B) Set aside for indian tribes.--Notwithstanding any other provision of law, for each of fiscal years 1995 through 1999, the Secretary shall reserve an amount equal to not less than 3 percent of the amounts made available to States pursuant to subparagraph (A). Such amount shall be used only by Indian tribes (as defined in section 1004(43) of the Solid Waste Disposal Act) to carry out the purposes referred to in subparagraph (A).''.

Amends the Solid Waste Disposal Act to authorize the Administrator of the Environmental Protection Agency to: (1) treat Indian tribes as States under such Act; (2) delegate primary enforcement authority for programs under such Act to Indian tribes; and (3) provide grant and contract assistance to tribes to carry out such Act. Sets forth conditions under which Indian tribes may be treated as States. Directs the Administrator to report to the Congress on: (1) recommendations for addressing hazardous and solid wastes and underground storage tanks (USTs) within Indian country; (2) methods to maximize Indian participation in, and administration of, programs under such Act; and (3) an estimate of the amount of assistance required and a discussion of proposals by the Administrator concerning the provision of assistance to Indian tribes for the administration of such programs. Requires the Administrator to establish an inventory of sites within Indian country at which hazardous waste has been stored or disposed. Amends the Internal Revenue Code to reserve at least three percent of the amounts made available to States from the Leaking Underground Storage Tank Trust Fund for Indian tribes to carry out response actions for petroleum USTs.

SECTION 1. FINDINGS. The Congress finds that-- (1) the Presidio, located amidst the incomparable scenic splendor of the Golden Gate, is one of America's great natural and historic sites; (2) the Presidio is the oldest continuously operating military post in the Nation dating from 1776, and was designated as National Historic Landmark in 1962; (3) preservation of the cultural and historic integrity of the Presidio for public use recognizes its significant role in the history of the United States; (4) the Presidio, in its entirety, is a part of the Golden Gate National Recreation Area, in accordance with Public Law 92-589; (5) as part of the Golden Gate National Recreation Area, the Presidio's outstanding natural, historic, scenic, cultural, and recreational resources must be managed in a manner which is consistent with sound principles of land use planning and management, and which protects the Presidio from development and uses which would destroy the scenic beauty and historic and natural character of the area; and (6) the Presidio will be managed through an innovative public/private partnership that minimizes cost to the United States Treasury and makes efficient use of private sector resources that could be utilized in the public interest. SEC. 2. INTERIM LEASING AUTHORITY. The Secretary of the Interior (hereinafter in this Act referred to as the ``Secretary'') is authorized to negotiate and enter into leases, at fair market rental and without regard to section 321 of chapter 314 of the Act of June 30, 1932 (40 U.S.C. 303b), for all or part of the Presidio of San Francisco that is under the administrative jurisdiction of the Secretary until such time as the property concerned is transferred to the administrative jurisdiction of the Presidio Trust. Notwithstanding sections 1341 and 3302 of title 31 of the United States Code, the proceeds from any such lease shall be retained by the Secretary and used for the preservation, restoration, operation and maintenance, improvement, repair and related expenses incurred with respect to Presidio properties. For purposes of any such lease, the Secretary may adjust the rental by taking into account any amounts to be expended by the lessee for preservation, maintenance, restoration, improvement, repair and related expenses with respect to properties within the Presidio. SEC. 3. THE PRESIDIO TRUST. (a) Establishment.--There is established a body corporate within the Department of the Interior to be known as the Presidio Trust (hereinafter in this Act referred to as the ``Trust''). (b) Transfer.--(1) The Secretary shall transfer to the administrative jurisdiction of the Trust those areas commonly known as the Letterman/LAIR complex, Fort Scott, Main Post, Cavalry Stables, Presidio Hill, Wherry Housing, East Housing, the structures at Crissy Field, roads, utilities or other infrastructure servicing the properties and such other properties that the Secretary deems appropriate, as depicted on the map referred to in this subsection. The Trust and the Secretary shall agree on the use and occupancy of buildings and facilities necessary to house and support activities of the National Park Service at the Presidio. (2) Within 60 days after enactment of this section, the Secretary shall prepare a map identifying properties to be conveyed to the Trust. (3) The transfer for administrative jurisdiction shall occur within 60 days after appointments are made to the board of Directors. (4) The Secretary shall transfer, with the transfer of administrative jurisdiction over any property, all leases, concessions, licenses, permits, programmatic agreements and other agreements affecting such property and any revenues and unobligated funds associated with such leases, concessions, licenses, permits, and agreements. (c) Board of Directors.-- (1) In general.--The powers and management of the Trust shall be vested in a Board of Directors consisting of the following 5 members: (A) The Secretary of the Interior or the Secretary's designee. (B) 4 individuals, who are not employees of the Federal Government, appointed by the President, who shall possess extensive knowledge and experience in one or more of the fields of city planning, finance, and real estate. At least 3 of these individuals shall reside in the region in which the Presidio is located. (2) Terms.--The President shall make the appointments referred to in subparagraph (B) of paragraph (1) within 90 days and in such a manner as to ensure staggered 4-year terms. Any vacancy under subparagraph (B) of paragraph (1) shall be filled in the same manner in which the original appointment was made, and any member appointed to fill a vacancy shall serve for the remainder of the term for which his or her predecessor was appointed. No appointed director may serve more than 8 years in consecutive terms. No member of the Board of Directors may have a financial interest in any tenant of the Presidio. (3) Organization and compensation.--The Board shall organize itself in such a manner as it deems most appropriate to effectively carry out the authorized activities of the Trust. Board members shall serve without pay, but may be reimbursed for the actual and necessary travel and subsistence expenses incurred by them in the performance of the duties of the Trust. (4) Liability of directors.--Members of the Board of Directors shall not be considered Federal employees by virtue of their membership on the Board, except for purposes of the Federal Tort Claims Act. (5) Public liaison.--The Board shall establish procedures whereby liaison with the public, through the Golden Gate National Recreation Area Advisory Commission, and the National Park Service, shall be maintained. (d) Duties and Authorities.--In accordance with the purposes set forth in this Act and in section 1 of the Act entitled ``An Act to establish the Golden Gate National Recreation Area in the State of California, and for other purposes'', approved October 27, 1972 (Public Law 92-589; 86 Stat. 1299; 16 U.S.C. 460bb), the Trust shall manage the leasing, maintenance, rehabilitation, repair and improvement of property within the Presidio which is under its administrative jurisdiction. The Trust may participate in the development of programs and activities at the properties that have been transferred to the Trust. In exercising its powers and duties, the Trust shall act in accordance with both the approved General Management Plan, as amended, for the Presidio (hereinafter in this Act referred to as the ``Plan'') and shall have the following authorities: (1) The Trust is authorized to manage, lease, maintain, rehabilitate and improve, either directly or by agreement, those properties within the Presidio which are transferred to the Trust by the Secretary. (2)(A) The Trust is authorized to negotiate and enter into such agreements, leases, contracts and other arrangements with any person, firm, association, organization, corporation or governmental entity, including without limitation entities of Federal, State and local governments (except any agreement to convey fee title to any property located at the Presidio) as are necessary and appropriate to finance and carry out its authorized activities. Agreements under this paragraph may be entered into without regard to section 321 of the Act of June 30, 1992 (40 U.S.C. 303b). (B) Except as provided in subparagraphs (C), (D), and (E), Federal laws and regulations governing procurement by Federal agencies shall apply to the Trust. (C) The Secretary may authorize the Trust, in exercising authority under section 303(g) of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 253(g)) relating to simplified purchase procedures, to use as the dollar limit of each purchase or contract under this subsection an amount which does not exceed $500,000. (D) The Secretary may authorize the Trust, in carrying out the requirement of section 18 of the Office of Federal Procurement Policy Act (41 U.S.C. 416) to furnish the Secretary of Commerce for publication notices of proposed procurement actions, to use as the applicable dollar threshold for each expected procurement an amount which does not exceed $1,000,000. (E) The Trust shall establish procedures for lease agreements and other agreements for use and occupancy of Presidio facilities, including a requirement that in entering into such agreements the Trust shall obtain such competition as is practicable in the circumstances. (3) The Trust is authorized to appoint and fix the compensation and duties of an executive director and such other officers and employees as it deems necessary without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and may pay them without regard to the provisions of chapter 51, and subchapter III of chapter 53, title 5, United States Code (relating to classification and General Schedule pay rates). (4) To augment or encourage the use of non-Federal funds to finance capital improvements on Presidio properties transferred to its jurisdiction, the Trust, in addition to its other authorities, shall have the following authorities: (A) The authority to guarantee any lender against loss of principle or interest on any construction loan, provided that (i) the terms of the guarantee are approved by the Secretary of the Treasury, (ii) adequate guarantee authority is provided in appropriations Acts, and (iii) such guarantees are structured so as to minimize potential cost to the Federal Government. (B) The authority, subject to available appropriations, to make loans to the occupants of property managed by the Trust for the preservation, restoration, maintenance, or repair of such property. (C) The authority to issue obligations to the Secretary of the Treasury, but only if the Secretary of the Treasury agrees to purchase such obligations after determining that the projects to be funded from the proceeds thereof are credit worthy and that a repayment schedule is established. The Secretary of the Treasury is authorized to use as a public debt transaction the proceeds from the sale of any securities issued under chapter 31 of title 31, United States Code, and the purposes for which securities may be issued under such chapter are extended to include any purchase of such notes or obligations acquired by the Secretary of the Treasury under this subsection. The aggregate amount of obligations issued under this subparagraph which are outstanding at any one time may not exceed $150,000,000. Obligations issued under this subparagraph shall be in such forms and denominations, bearing such maturities, and subject to such terms and conditions, as may be prescribed by the Secretary of the Treasury, and shall bear interest at a rate determined by the Secretary of the Treasury, taking into consideration current market yields on outstanding marketable obligations of the United States of comparable maturities. No funds appropriated to the Trust may be used for repayment of principle or interest on, or redemption of, obligations issued under this paragraph. All obligations purchased under authority of this subparagraph must be authorized in advance in appropriations Acts. (D) The Trust shall be deemed to be a public agency for the purpose of entering into joint exercise of powers agreements pursuant to California government code section 6500 and following. (5) The Trust may solicit and accept donations of funds, property, supplies, or services from individuals, foundations, corporations and other private or public entities for the purpose of carrying out its duties. The Trust shall maintain philanthropic liaison with the Golden Gate National Park Association, the fund raising association for the Golden Gate National Recreation Area. (6) All proceeds received by the Trust shall be retained by the Trust without further appropriation and used to offset the costs of administration, preservation, restoration, operation, maintenance, repair and related expenses incurred by the Trust with respect to such properties under its jurisdiction. Upon the request of the Trust, the Secretary of the Treasury shall invest excess moneys of the Trust in public debt securities with maturities suitable to the needs of the Trust. (7) The Trust may sue and be sued in its own name to the same extent as the Federal Government. Litigation arising out of the activities of the Trust shall be conducted by the Attorney General, as needed; the Trust may retain private attorneys to provide advice and counsel. (8) The Trust shall have all necessary and proper powers for the exercise of the authorities invested in it. (9) For the purpose of compliance with applicable laws and regulations concerning properties transferred to the Trust by the Secretary, the Trust shall negotiate directly with regulatory authorities. (e) Insurance.--The Trust shall procure insurance against any loss in connection with the properties managed by it or its authorized activities as is reasonable and customary. (f) Building Code Compliance.--The Trust shall ensure that all properties under its jurisdiction are brought into compliance with all applicable Federal building codes and regulations within 10 years after the enactment of this Act. (g) Taxes.--The Trust shall be exempt from all taxes and special assessments of every kind in the State of California, and its political subdivisions, including the city and county of San Francisco to the same extent as the Secretary. (h) Financial Information and Report.--(1) Financial statements of the Trust shall be audited annually in accordance with section 9105 of title 31 of the United States Code. (2) At the end of each calendar year, the Trust shall submit to the Secretary and the Congress a comprehensive and detailed report of its operations, activities, and accomplishments for the prior fiscal year. The report also shall include a section that describes in general terms the Trust's goals for the current fiscal year. (i) Savings Clause.--Nothing in this section shall preclude the Secretary from exercising any of the Secretary's lawful powers within the Presidio. (j) Leasing.--In managing and leasing the properties transferred to it, the Trust should consider the extent to which prospective tenants maximize the contribution to the implementation of the General Management Plan and to the generation of revenues to offset costs of the Presidio. The Trust shall give priority to the following categories of tenants: tenants that enhance the financial viability of the Presidio thereby contributing to the preservation of the scenic beauty and natural character of the area; tenants that facilitate the cost- effective preservation of historic buildings through their reuse of such buildings, or tenants that promote through their activities the general programmatic content of the plan. (k) Reversion.--In the event of failure or default, all interests and assets of the Trust shall revert to the United States to be administered by the Secretary. (l) Authorization of Appropriations.--There is authorized to be appropriated such sums as may be necessary to carry out the activities of the Trust. (m) Separability of Provisions.--If any provisions of this Act or the application thereof to any body, agency, situation, or circumstance is held invalid, the remainder of the Act and the application of such provision to other bodies, agencies, situations, or circumstances shall not be affected thereby.

Establishes within the Department of the Interior the Presidio Trust. Directs the Secretary of the Interior to transfer to the administrative jurisdiction of the Trust specified areas of the Presidio military complex. Establishes a board of directors to manage the Trust. Requires the Trust to manage the leasing, maintenance, rehabilitation, repair, and improvement of Presidio property under its jurisdiction. Provides related Trust authorities. Requires Trust financial statements to be audited annually. Requires the Trust to report annually to the Secretary and the Congress on its operations, activities, and accomplishments during the prior fiscal year. Authorizes appropriations to carry out Trust activities.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Oregon Public Land Transfer and Protection Act of 1998''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--ROGUE RIVER NATIONAL FOREST TRANSFERS Sec. 101. Land transfers involving Rogue River National Forest and other public land in Oregon. TITLE II--PROTECTION OF OREGON AND CALIFORNIA RAILROAD GRANT LAND Sec. 201. Definitions. Sec. 202. No net loss of O & C land, CBWR land, or public domain land. Sec. 203. Relationship to Umpqua land exchange authority. TITLE III--CONVEYANCE TO DESCHUTES COUNTY, OREGON Sec. 301. Conveyance to Deschutes County, Oregon. TITLE I--ROGUE RIVER NATIONAL FOREST TRANSFERS SEC. 101. LAND TRANSFERS INVOLVING ROGUE RIVER NATIONAL FOREST AND OTHER PUBLIC LAND IN OREGON. (a) Transfer From Public Domain to National Forest.-- (1) Land transfer.--The public domain land depicted on the map entitled ``BLM/Rogue River NF Administrative Jurisdiction Transfer, North Half'' and dated April 28, 1998, and the map entitled ``BLM/Rogue River NF Administrative Jurisdiction Transfer, South Half'' and dated April 28, 1998, consisting of approximately 2,058 acres within the external boundaries of Rogue River National Forest in the State of Oregon, is added to and made a part of Rogue River National Forest. (2) Administrative jurisdiction.--Administrative jurisdiction over the land described in paragraph (1) is transferred from the Secretary of the Interior to the Secretary of Agriculture. (3) Management.--Subject to valid existing rights, the Secretary of Agriculture shall manage the land described in paragraph (1) as part of Rogue River National Forest in accordance with the Act of March 1, 1911 (commonly known as the ``Weeks Law'') (36 Stat. 961, chapter 186), and other laws (including regulations) applicable to the National Forest System. (b) Transfer From National Forest to Public Domain.-- (1) Land transfer.--The Federal land depicted on the maps described in subsection (a)(1), consisting of approximately 1,632 acres within the external boundaries of Rogue River National Forest, is transferred to unreserved public domain status, and the status of the land as part of Rogue River National Forest and the National Forest System is revoked. (2) Administrative jurisdiction.--Administrative jurisdiction over the land described in paragraph (1) is transferred from the Secretary of Agriculture to the Secretary of the Interior. (3) Management.--Subject to valid existing rights, the Secretary of the Interior shall administer such land under the laws (including regulations) applicable to unreserved public domain land. (c) Restoration of Status of Certain National Forest Land as Revested Railroad Grant Land.-- (1) Restoration of earlier status.--The Federal land depicted on the maps described in subsection (a)(1), consisting of approximately 4,298 acres within the external boundaries of Rogue River National Forest, is restored to the status of revested Oregon and California Railroad grant land, and the status of the land as part of Rogue River National Forest and the National Forest System is revoked. (2) Administrative jurisdiction.--Administrative jurisdiction over the land described in paragraph (1) is transferred from the Secretary of Agriculture to the Secretary of the Interior. (3) Management.--Subject to valid existing rights, the Secretary of the Interior shall administer the land described in paragraph (1) under the Act of August 28, 1937 (43 U.S.C. 1181a et seq.), and other laws (including regulations) applicable to revested Oregon and California Railroad grant land under the administrative jurisdiction of the Secretary of the Interior. (d) Addition of Certain Revested Railroad Grant Land to National Forest.-- (1) Land transfer.--The revested Oregon and California Railroad grant land depicted on the maps described in subsection (a)(1), consisting of approximately 960 acres within the external boundaries of Rogue River National Forest, is added to and made a part of Rogue River National Forest. (2) Administrative jurisdiction.--Administrative jurisdiction over the land described in paragraph (1) is transferred from the Secretary of the Interior to the Secretary of Agriculture. (3) Management.--Subject to valid existing rights, the Secretary of Agriculture shall manage the land described in paragraph (1) as part of Rogue River National Forest in accordance with the Act of March 1, 1911 (36 Stat. 961, chapter 186), and other laws (including regulations) applicable to the National Forest System. (4) Distribution of receipts.--Notwithstanding the sixth paragraph under the heading ``forest service'' in the Act of May 23, 1908 and section 13 of the Act of March 1, 1911 (16 U.S.C. 500), revenues derived from the land described in paragraph (1) shall be distributed in accordance with the Act of August 28, 1937 (43 U.S.C. 1181a et seq.). (e) Boundary Adjustment.--The boundaries of Rogue River National Forest are adjusted to encompass the land transferred to the administrative jurisdiction of the Secretary of Agriculture under this section and to exclude private property interests adjacent to the exterior boundaries of Rogue River National Forest, as depicted on the map entitled ``BLM/Rogue River NF Boundary Adjustment, North Half'' and dated April 28, 1998, and the map entitled ``BLM/Rogue River NF Boundary Adjustment, South Half'' and dated April 28, 1998. (f) Maps.--Not later than 60 days after the date of enactment of this Act, the maps described in this section shall be available for public inspection in the office of the Chief of the Forest Service. (g) Miscellaneous Requirements.--As soon as practicable after the date of enactment of this Act, the Secretary of the Interior and the Secretary of Agriculture shall-- (1) revise the public land records relating to the land transferred under this section to reflect the administrative, boundary, and other changes made by this section; and (2) publish in the Federal Register appropriate notice to the public of the changes in administrative jurisdiction made by this section with regard to the land. TITLE II--PROTECTION OF OREGON AND CALIFORNIA RAILROAD GRANT LAND SEC. 201. DEFINITIONS. In this title: (1) O & C land.--The term ``O & C land'' means the land (commonly known as ``Oregon and California Railroad grant land'') that-- (A) revested in the United States under the Act of June 9, 1916 (39 Stat. 218, chapter 137); and (B) is managed by the Secretary of the Interior through the Bureau of Land Management under the Act of August 28, 1937 (43 U.S.C. 1181a et seq.). (2) CBWR land.--The term ``CBWR land'' means the land (commonly known as ``Coos Bay Wagon Road grant land'') that-- (A) was reconveyed to the United States under the Act of February 26, 1919 (40 Stat. 1179, chapter 47); and (B) is managed by the Secretary of the Interior through the Bureau of Land Management under the Act of August 28, 1937 (43 U.S.C. 1181a et seq.). (3) Public domain land.-- (A) In general.--The term ``public domain land'' has the meaning given the term ``public lands'' in section 103 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702). (B) Exclusions.--The term ``public domain land'' does not include O & C land or CBWR land. (4) Geographic area.--The term ``geographic area'' means the area in the State of Oregon within the boundaries of the Medford District, Roseburg District, Eugene District, Salem District, Coos Bay District, and Klamath Resource Area of the Lakeview District of the Bureau of Land Management, as the districts and the resource area were constituted on January 1, 1998. (5) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 202. NO NET LOSS OF O & C LAND, CBWR LAND, OR PUBLIC DOMAIN LAND. In carrying out sales, purchases, and exchanges of land in the geographic area, the Secretary shall ensure that on expiration of the 10-year period beginning on the date of enactment of this Act and on expiration of each 10-year period thereafter, the number of acres of O & C land and CBWR land in the geographic area, and the number of acres of O & C land, CBWR land, and public domain land in the geographic area that are available for timber harvesting, are not less than the number of acres of such land on the date of enactment of this Act. SEC. 203. RELATIONSHIP TO UMPQUA LAND EXCHANGE AUTHORITY. Notwithstanding any other provision of this title, this title shall not apply to an exchange of land authorized under section 1028 of the Omnibus Parks and Public Lands Management Act of 1996 (Public Law 104- 333; 110 Stat. 4231), or any implementing legislation or administrative rule, if the land exchange is consistent with the memorandum of understanding between the Umpqua Land Exchange Project and the Association of Oregon and California Land Grant Counties dated February 19, 1998. TITLE III--CONVEYANCE TO DESCHUTES COUNTY, OREGON SEC. 301. CONVEYANCE TO DESCHUTES COUNTY, OREGON. (a) Purposes.--The purposes of this section are to authorize the Secretary of the Interior to sell at fair market value to Deschutes County, Oregon, certain land to be used to protect the public's interest in clean water in the aquifer that provides drinking water for residents and to promote the public interest in the efficient delivery of social services and public amenities in southern Deschutes County, Oregon, by-- (1) providing land for private residential development to compensate for development prohibitions on private land currently zoned for residential development the development of which would cause increased pollution of ground and surface water; (2) providing for the streamlined and low-cost acquisition of land by nonprofit and governmental social service entities that offer needed community services to residents of the area; (3) allowing the County to provide land for community amenities and services such as open space, parks, roads, and other public spaces and uses to area residents at little or no cost to the public; and (4) otherwise assist in the implementation of the Deschutes County Regional Problem Solving Project. (b) Sale of Land.-- (1) In general.--The Secretary of the Interior, acting through the Director of the Bureau of Land Management (referred to in this section as the ``Secretary'') may make available for sale at fair market value to Deschutes County, Oregon, the land in Deschutes County, Oregon (referred to in this section as the ``County''), comprising approximately 544 acres and lying in Township 22, S., Range 10 E. Willamette Meridian, described as follows: (A) Sec. 1: (i) Government Lot 3, the portion west of Highway 97; (ii) Government Lot 4; (iii) SENW, the portion west of Highway 97; SWNW, the portion west of Highway 97, NWSW, the portion west of Highway 97; SWSW, the portion west of Highway 97; (B) Sec. 2: (i) Government Lot 1; (ii) SENE, SESW, the portion east of Huntington Road; NESE; NWSE; SWSE; SESE, the portion west of Highway 97; (C) Sec. 11: (i) Government Lot 10; (ii) NENE, the portion west of Highway 97; NWNE; SWNE, the portion west of Highway 97; NENW, the portion east of Huntington Road; SWNW, the portion east of Huntington Road; SENW. (2) Suitability for sale.--The Secretary shall convey the land under paragraph (1) only if the Secretary determines that the land is suitable for sale through the land use planning process. (c) Special Account.--The amount paid by the County for the conveyance of land under subsection (b)-- (1) shall be deposited in a special account in the Treasury of the United States; and (2) may be used by the Secretary for the purchase of environmentally sensitive land east of Range Nine East in the State of Oregon that is consistent with the goals and objectives of the land use planning process of the Bureau of Land Management. Passed the Senate October 9 (legislative day, October 2), 1998. Attest: GARY SISCO, Secretary.

TABLE OF CONTENTS: Title I: Rogue River National Forest Transfers Tile II: Protection of Oregon and California Railroad Grant Land Title III: Conveyance to Deschutes County, Oregon Oregon Public Land Transfer and Protection Act of 1998 - Title I: Rogue River National Forest Transfers - Provides for the transfer of: (1) specified lands in the Rogue River National Forest System, Oregon, from public domain status to the National Forest; and (2) other lands from the National Forest to public domain status. Restores the status of certain revested Oregon and California railroad grant land (O&C land) and revokes the reservation of such lands as part of the National Forest. Adds certain other revested railroad grant lands to such National Forest. Title II: Protection of Oregon and California Railroad Grant Land - Directs the Secretary of the Interior, in carrying out sales, purchases, and exchanges of Bureau of Land Management land located within six Oregon districts (the geographic area), to ensure that, upon the expiration of a ten-year period beginning on the date of enactment of this Act and each ten-year period thereafter, the total number of acres of O&C land, Coos Bay Wagon Road grant land, and public domain land in the geographic area that are available for timber harvesting is not less than such number on the date of enactment of this Act. Title III: Conveyance to Deschutes County, Oregon - Directs the Secretary to sell at fair market value to Deschutes County, Oregon, specified land in Deschutes County. Provides for the conveyance of such land only if the Secretary determines it suitable for sale through the land use planning process. States that the amount paid by the County for the conveyance of the land: (1) shall be deposited in a special account in the Treasury; and (2) may be used by the Secretary for the purchase of certain environmentally sensitive land in Oregon that is consistent with the goals and objectives of the land use planning process of the Bureau.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Chronic Wasting Disease Research, Monitoring, and Education Enhancement Act of 2003''. SEC. 2. CHRONIC WASTING DISEASE RESEARCH AND MONITORING AND PUBLIC EDUCATION AND OUTREACH. (a) In General.--The Fish and Wildlife Coordination Act (16 U.S.C. 661 et seq.) is amended by adding at the end the following: ``SEC. 10. CHRONIC WASTING DISEASE. ``(a) In General.--The Secretary of the Interior, acting through the Director of the United States Geological Survey, shall carry out in accordance with this section a program to support, conduct, and coordinate programs to strengthen scientific research and monitoring and public education activities to elevate knowledge of Chronic Wasting Disease in free-ranging populations of deer and elk. ``(b) Purposes.--The purposes of the program shall be the following: ``(1) To initiate and encourage completion of the relevant goals and action plans specified in the National Plan. ``(2) To enhance the scientific understanding of Chronic Wasting Disease. ``(3) To provide technical assistance in support of State efforts to conduct scientific research, implement wildlife management strategies, and conduct and promote comprehensive public education programs in affected States. ``(c) Research and Monitoring.-- ``(1) In general.--The Secretary may support, promote, and coordinate research on, and long-term monitoring and surveillance of, Chronic Wasting Disease as it affects deer and elk in States identified as having the disease present within their borders, to promote improved understanding of the disease and support State management of deer and elk. ``(2) Authorized activities.--Activities under this subsection may include scientific research, monitoring, surveillance, and disease management activities identified in the National Plan, including the following: ``(A) Research to investigate the biology, pathogenesis, host ecology, epidemiology, transmission, and environmental persistence of Chronic Wasting Disease. ``(B) Development and utilization of an Internet- based biological data management system and integrated information sharing network. ``(C) Development, testing, and validation of rapid diagnostic methods. ``(D) Development of new testing and screening techniques for Chronic Wasting Disease, including live animal early detection field tests. ``(E) Surveillance programs to track the prevalence, incidence, and distribution of Chronic Wasting Disease in wild populations of deer and elk. ``(F) Research and development of therapeutics and vaccines. ``(G) Development and implementation of field sampling methods and comprehensive assessments of deer and elk populations. ``(3) Other activities to implement national plan and support state activities.--The Secretary may implement other research and monitoring activities as necessary to implement the National Plan and to support State activities to manage and conserve deer and elk. ``(e) National Public Education Strategy.-- ``(1) In general.--The Secretary shall develop and promote a national public education strategy-- ``(A) to increase awareness among the hunting community and the general public of the distribution of Chronic Wasting Disease; ``(B) to enhance comprehension of the biology, ecology, and epidemiology of the Chronic Wasting Disease; and ``(C) to support and communicate State management activities to control Chronic Wasting Disease in deer and elk populations. ``(2) Goals.--The goals of the strategy are the following: ``(A) Increasing public awareness of Federal, State, and tribal Chronic Wasting Disease activities. ``(B) Distilling and disseminating to the general public scientific and technical information concerning Chronic Wasting Disease in an easily comprehended manner. ``(C) Providing updates and reviews of advances in Chronic Wasting Disease control methods for deer and elk. ``(D) Development of print, video, and other interpretive and media materials to implement the strategy and to communicate accomplishments in addressing the problem of Chronic Wasting Disease. ``(3) Targeting.--The strategy should target stakeholder groups in States affected by Chronic Wasting disease, including consumptive and non-consumptive users of deer and elk. ``(f) Consultation and Coordination.--In conducting, supporting, and coordinating activities authorized under this section, the Secretary shall consult coordinate, where appropriate, with other Federal, interstate, or regional agencies, State agencies, tribes, local communities, non-governmental organizations, and colleges and universities. ``(g) Report Requirements.--Not later than 1 year after the date of the enactment of this section, and annually thereafter, the Secretary shall report to the Committee on Resources of the House of Representatives and the Committee on Environment and Public Works in the Senate on the activities implemented under this section. ``(h) Availability of Results.--The Secretary shall make available to the public the results of research and monitoring conducted, supported, or permitted by the Secretary under this section. ``(i) Definitions.--For the purposes of this section: ``(1) Chronic wasting disease.--The term `Chronic Wasting Disease' means the transmissible animal disease that afflicts deer and elk and belongs to the group of diseases known as transmissible spongiform encephalopathies. ``(2) Deer and elk.--The term `deer and elk' means-- ``(A) free-ranging populations of deer and elk residing in proximity of the endemic area for Chronic Wasting Disease as identified in the National Plan; and ``(B) deer and elk residing in States outside of that endemic area, where the disease has been introduced and established in deer and elk populations. ``(3) National plan.--The term `National Plan' means the plan published jointly by the Department of the Interior and the Department of Agriculture entitled `Plan for Assisting States, Federal Agencies, and Tribes in Managing Chronic Wasting Disease in Wild and Captive Cervids', dated June 26, 2002. ``(4) Secretary.--The term `Secretary' means the Secretary of the Interior, acting through the Director of the United States Geological Survey. ``(5) State.--The term `State' means the several States of the United States, Puerto Rico, American Samoa, the Virgin Islands, Guam, and the territories and possessions of the United States. ``(h) Report.--The Secretary of the Interior shall submit a report describing activities undertaken to implement this section to the Committee on Resources of the House of Representatives and the Committee on Environment and Public Works of the Senate by not later than 1 year after the date of the enactment of this section and biennially thereafter. ``(i) Authorization of Appropriations.--To implement this section there are authorized to be appropriated to the Secretary the following: ``(1) Research and monitoring.--For the implementation of scientific research and monitoring activities under subsection (d), $15,000,000 for each of fiscal years 2004 through 2009. ``(2) Public education.--For the implementation of public education activities under subsection (e), $5,000,000 for each of fiscal years 2004 through 2009. ``(3) Administration.--For the administration of this section by the Secretary $1,00,000 for each of fiscal years 2004 through 2009.''.

Chronic Wasting Disease Research, Monitoring, and Education Enhancement Act of 2003 - Amends the Fish and Wildlife Coordination Act to require the Secretary of the Interior, acting through the Director of the U.S. Geological Survey, to carry out a program to support, conduct, and coordinate programs to strengthen scientific research and monitoring and public education activities to elevate knowledge of Chronic Wasting Disease in free-ranging populations of deer and elk.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Driver's License Modernization Act of 2002''. SEC. 2. FINDINGS. Congress finds the following: (1) The terrorist attacks of September 11, 2001, illuminated many flaws in the Nation's domestic security, especially in its identification system. (2) Drivers' licenses and identification cards issued by States have become the favored form of identity verification in the United States and are used by government agencies and private entities alike. (3) Inconsistent requirements between the States for initial identity verification and insufficient verification of identity documents have made the identification systems of States a prime target for fraud and identity theft. (4) Different designs on drivers' licenses and identification cards issued by States have created a market, including sales on the Internet, for fake cards that look real to those who are unfamiliar with the official designs. (5) Improving the security of State identification systems will require taking advantage of new technology. (6) Identification card technologies that can accommodate other government and private applications will provide the best return on the investment in the new cards. (7) It is necessary to improve the security of drivers' licenses and identification cards issued by States so that multiple licensing of individuals will be eliminated, the purchase of alcohol and tobacco products by underage individuals will be reduced, and identity theft will be severely reduced. SEC. 3. STATE DRIVER'S LICENSE AND IDENTIFICATION CARD PROGRAMS. (a) In General.--Subchapter I of chapter I of title 23, United States Code, is amended by adding at the end the following: ``Sec. 165. State driver's license and identification card programs ``(a) Definitions.--In this section, the following definitions apply: ``(1) Driver's license.--The term `driver's license' means a license issued by the motor vehicle agency of a State to an individual that authorizes the individual to operate a motor vehicle on highways. ``(2) Identification card.--The term `identification card' means an identification card issued by the motor vehicle agency of a State to an individual. ``(b) State Driver's License and Identification Card Programs.--Not later than 5 years after the date of enactment of this section, each State shall have in effect a driver's license and identification card program under which the State meets the following requirements: ``(1) Computer chips in drivers' licenses and id cards.-- ``(A) In general.--A State shall embed a computer chip in each new or renewed driver's license or identification card issued by the State. ``(B) Requirements for computer chips.--A computer chip embedded in a driver's license or identification card under this paragraph shall-- ``(i) contain, in electronic form, all text data written on the license or card; ``(ii) contain encoded biometric data matching the holder of the license or card; ``(iii) contain encryption and security software or hardware (or both) that prevents access to data stored on the chip without the express consent of the individual to whom the data applies, other than access by a Federal, State, or local agency (including a court or law enforcement agency) in carrying out its functions, or by a private entity acting on behalf of a Federal, State, or local agency in carrying out its functions; ``(iv) accept data or software written to the license or card by non-governmental devices if the data transfer is authorized by the holder of the license or card; and ``(v) conform to any other standards issued by Secretary. ``(2) Biometric data.-- ``(A) In general.--A State shall obtain biometric data for the identification of each individual to whom the State issues a new or renewed driver's license or identification card and shall maintain such data. ``(B) Requirement for biometric data.--Biometric data obtained by a State under this paragraph shall be of a type that can be matched to the license or card holder only with the express cooperation of the license or card holder. ``(3) Participation in linking of databases.-- ``(A) In general.--A State shall participate in a program to link State motor vehicle databases in order to provide electronic access by a State to information contained in the motor vehicle databases of all other States. ``(B) Requirements for information.--A State motor vehicle database shall contain, at a minimum, the following information: ``(i) All data fields printed on drivers' licenses and identification cards issued by the State, other than the encoded biometric data stored on such licenses and cards under paragraph (1). ``(ii) Biometric data obtained under paragraph (2) from each individual to whom the State issues a new or renewed driver's license or identification card. ``(iii) Motor vehicle drivers' histories, including motor vehicle violations, suspensions, and points on licenses. ``(4) Tamper-resistant security features.--A State shall include on each new or renewed driver's license or identification card issued by the State, multiple tamper- resistant security features or optical image layers, such as biometric scans, barcodes, 3D, flip, or motion imaging, to assist in visual verification that the license or card is valid. ``(5) Documentation.--A State shall adopt and implement procedures for accurately documenting the identity and residence of an individual before issuing a driver's license or identification card to the individual. ``(c) Guidelines.-- ``(1) In general.--Not later than 6 months after the date of enactment of this section, the Secretary shall issue guidelines to assist States in complying with the requirements of subsection (b). ``(2) Contents.--The guidelines issued under this subsection shall contain, at a minimum, the following: ``(A) Standards for the computer chip technology required for compliance with subsection (b)(1), including-- ``(i) standards to ensure interoperability and the ability to store multiple applications created by government agencies and private entities and transmitted to the license or card with the express consent of the license or card holder; and ``(ii) standards for the encoded biometric data that must be contained on each computer chip and requirements to ensure that such biometric data will be used only for matching the license or card to the presenter and will not be stored in a central database. ``(B) Standards for biometric data to be obtained from applicants for new or renewed State drivers' licenses and identification cards under subsection (b)(2) and standards for maintaining such data. ``(C) Standards for linking State motor vehicle databases under subsection (b)(3) and standards for the information to be contained in the databases. ``(D) Standards for security features or optical image layers to be placed on State drivers' licenses and identification cards under subsection (b)(4). ``(E) Standards for documentation of the identity and residence of an individual under subsection (b)(5), including a list of acceptable documents for establishing the identity and residence of an individual and procedures for verifying the authenticity of the documents. ``(F) Standards for a numbering system for State drivers' licenses and identification cards that prevents duplication between States and does not make use of the license or card holder's Social Security number. ``(3) Consultation.--Guidelines issued by the Secretary under this subsection shall be developed in consultation with the American Association of Motor Vehicle Administrators, the General Services Administration, and the National Institute of Standards and Technology. ``(4) Administrative procedures.--The Secretary may issue guidelines under this subsection without regard to subchapter II of chapter 5 of title 5. ``(d) Grants.-- ``(1) In general.--The Secretary may make grants to each State to assist the State in developing and implementing a driver's license and identification card program that meet the requirements of subsection (b). ``(2) Grants for linking of state motor vehicle databases.--The Secretary may make separate grants under this subsection to each State to assist the State in developing and implementing computer technologies and databases required to link State motor vehicle databases under subsection (b)(3). ``(3) Applications.--A State seeking a grant under this subsection shall submit to the Secretary an application that is in such form and contains such information as the Secretary may require. The Secretary shall evaluate such applications in the order received and award grants upon approval of an application. ``(4) Federal share.--The Federal share of the cost of activities funded using amounts from a grant received by a State under this subsection shall be 100 percent or a lesser percentage determined by the Secretary. ``(5) Technical assistance from gsa.--For purposes of section 201(a) of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 481(a)), a State carrying out activities using amounts from a grant under this section shall be treated as an executive agency and part of the Department of Transportation when carrying out such activities. For purposes of carrying out such activities, the Secretary shall, at the request of a State, enter into an agreement for the acquisition, on behalf of the State, of any goods, services, or supplies available to the Secretary from the General Services Administration, including acquisitions from prime venders. All such acquisitions shall be undertaken through the most efficient and speedy means practicable, including through electronic ordering arrangements. ``(6) Reports.--The Secretary shall require a State that receives a grant under this subsection to submit to the Secretary, not later than 1 year after the date of implementation of the activities funded using the amounts of the grant, a report on the results of the activities. ``(7) Repayment.-- ``(A) In general.--Except as provided in subparagraph (B), if the Secretary determines that a State receiving a grant under this subsection has not met the requirements of subsection (b) on or before the last day of the 5-year period beginning on the date of enactment of this section, the Secretary may require the State to repay, in whole or in part, the total amount received by the State in grants under this subsection. ``(B) Grants for linking of state motor vehicle databases.--In the case of a grant received under paragraph (2), if the Secretary determines that a State receiving the grant has not met the requirements of subsection (b)(3) on or before the last day of the 5- year period beginning on the date of enactment of this section, the Secretary may require the State to repay, in whole or in part, the total amount received by the State in grants under paragraph (2). ``(8) Authorization of appropriations.--There is authorized to be appropriated-- ``(A) $100,000,000 for making grants under paragraph (1); and ``(B) $200,000,000 for making grants under paragraph (2). Such sums shall remain available until expended. ``(e) Transition From National Driver Register.--After the last day of the 5-year period beginning on the date of enactment of this section, no amounts may be appropriated to carry out chapter 303 of title 49. The Secretary shall provide for the orderly transition from the National Driver Register maintained under such chapter 303 to the program established under subsection (b)(3).''. (b) Conforming Amendment.--The analysis for such chapter is amended by adding at the end of the items relating to subchapter I the following: ``165. State driver's license and identification card programs.''. SEC. 4. FORGERY OR FALSE USE OF DRIVER'S LICENSE OR IDENTIFICATION CARD. (a) In General.--Title 18, United States Code, is amended by inserting after chapter 123 the following: ``CHAPTER 125--STATE DRIVERS' LICENSES AND IDENTIFICATION CARDS ``Sec. ``2731. Definitions. ``2732. Forgery, fraudulent acquisition, or false use of driver's license or identification card. ``Sec. 2731. Definitions ``In this chapter, the terms `driver's license' and `identification card' have the meanings given such terms in section 165 of title 23. ``Sec. 2732. Forgery, fraudulent acquisition, or false use of driver's license or identification card ``Whoever-- ``(1) falsely makes, forges, counterfeits, mutilates, or alters any driver's license or identification card or instrument purporting to be a driver's license or identification card, with intent that the license or card may be used, ``(2) except by lawful authority, makes a template or similar device from which there may be printed a counterfeit driver's license or identification card, ``(3) obtains or assists in obtaining a driver's license or identification card through willful misrepresentation of identity, presentation of falsified identity documents such as birth certificates or passports, or other fraudulent representation, ``(4) tampers with, alters, or destroys a computer chip embedded in a driver's license or identification card or data contained on the computer chip, or ``(5) except by lawful authority, accesses data contained on a computer chip embedded in a driver's license or identification card, shall be fined under this title, imprisoned not more than 20 years, or both.''. (b) Clerical Amendment.--The table of chapters at the beginning of part I of title 18, United States Code, is amended by adding at the end the following: ``127. State drivers' licenses and identification cards..... 2731''. SEC. 5. INNOVATIVE USES PILOT PROGRAM. (a) In General.--The National Science Foundation may make grants to States for the implementation of programs that utilize computer chips embedded in drivers' licenses and identification cards (as such terms are defined in section 165 of title 23, United States Code) for innovative uses that enhance government services. (b) Innovative Uses.--The innovative uses referred to in subsection (a) may include the issuance of food stamps, voter registration, and other digital government applications that streamline and simplify State services to residents, including uses authorized under the Electronic Signatures in Global and National Commerce Act (15 U.S.C. 7001 et seq.). (c) Federal Share.--The Federal share of the cost of activities funded using amounts from a grant received under this section shall not exceed 50 percent. (d) Authorization of Appropriations.--There is authorized to be appropriated for making grants under this section $15,000,000. Such sums shall remain available until expended.

Driver's License Modernization Act of 2002 - Amends Federal highway provisions to require each State, within five years, to have in effect a driver's license and identification card program under which a State shall: (1) include in each new or renewed license or card a computer chip containing card or license text data in electronic form, biometric data on the license or card holder, and security features or optical image layers to assist in visual verification that the license or card is valid; (2) obtain and maintain such biometric data; (3) participate in a program to link State motor vehicle databases electronically; and (4) implement procedures for accurately documenting the identity and residence of an individual before issuing a license or card.Authorizes grants to each State: (1) by the Secretary of Transportation to assist in developing and implementing such program and computer technologies and databases required to link State motor vehicle databases; and (2) the National Science Foundation for implementing programs that utilize such embedded computer chips for innovative uses that enhance government services.Sets forth requirements regarding transition from the National Driver Register.Prohibits forgery or false use of, tampering with, or unlawfully accessing data in a driver's license or identification card.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Pakistan Proliferation Accountability Act of 2005''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Dr. Abdul Qadeer Khan, former director of the A.Q. Khan Research Laboratory in Pakistan and Special Adviser to the Prime Minister on the Strategic Programme with the status of a federal minister, established and operated an illegal international network which sold nuclear weapons and related technologies to a variety of countries. (2) The illegal international nuclear proliferation network established by Dr. Khan provided North Korea with complete uranium enrichment centrifuges and designs and a list of components necessary to manufacture additional uranium enrichment centrifuges. (3) Documents provided by the Government of Libya to the Government of the United States and the International Atomic Energy Agency (IAEA) indicate that the illegal international nuclear proliferation network established by Dr. Khan provided Libya with designs for a nuclear weapon, as well as for uranium enrichment centrifuges. (4) In March 2005, the Government of Pakistan acknowledged that the illegal international nuclear proliferation network established by Dr. Khan provided uranium enrichment centrifuges to Iran. (5) The Government of the United States still does not know the entire extent of the activities of the illegal international nuclear proliferation network established by Dr. Khan and the Government of Pakistan has not provided any opportunity for the United States Government to interview Dr. Khan directly. SEC. 3. SENSE OF CONGRESS. It is the sense of Congress that-- (1) the Government of the United States has an interest in knowing the full extent of the illegal international nuclear proliferation network established and operated by the Pakistani nuclear scientist, Dr. Abdul Qadeer Khan, which sold nuclear weapons and related technologies to a variety of countries; and (2) in order to ensure that the illegal international nuclear proliferation network established by Dr. Khan has been dismantled, Dr. Khan should give a full accounting of the activities and participants of the network to the United States Government. SEC. 4. PROHIBITION ON UNITED STATES MILITARY ASSISTANCE TO PAKISTAN. (a) Prohibition.--No United States military assistance may be provided to Pakistan and no military equipment or technology may be sold, transferred, or licensed for sale to Pakistan pursuant to the authorities contained in the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) or any other Act unless the President first certifies to the appropriate congressional committees that-- (1) the Government of Pakistan has provided the Government of the United States with unrestricted opportunities to interview the Pakistani nuclear scientist, Dr. Abdul Qadeer Khan, regarding the illegal international nuclear proliferation network established and operated by Dr. Khan; (2) the Government of Pakistan has complied with requests for assistance from the International Atomic Energy Agency (IAEA) regarding the illegal international nuclear proliferation network, including by providing requested documents, materials, equipment, and access to individuals; and (3) the Government of the United States-- (A) has determined the full scope of the activities and participants of the illegal international nuclear proliferation network; (B) has determined the nature and extent of the illegal international nuclear proliferation network's connection to al Qaeda and Osama bin Laden; and (C) in conjunction with the International Atomic Energy Agency, has confirmed that the illegal international nuclear proliferation network has been completely dismantled. (b) Inapplicability of Certain Provisions.--The prohibition contained in subsection (a) does not apply to any assistance or transfer for the purposes of any of the provisions of law specified in subparagraphs (A) through (D) of section 620E(e)(2) of the Foreign Assistance Act of 1961 (22 U.S.C. 2375(e)(2)). (c) Definition.--In this section, the term ``appropriate congressional committees'' means-- (1) the Committee on International Relations and the Committee on Appropriations of the House of Representatives; and (2) the Committee on Foreign Relations and the Committee on Appropriations of the Senate.

Pakistan Proliferation Accountability Act of 2005 - Expresses the sense of Congress that: (1) the U.S. Government has an interest in knowing the full extent of the illegal international nuclear proliferation network established and operated by the Pakistani nuclear scientist, Dr. Abdul Qadeer Khan; and (2) Dr. Khan should give the U.S. Government a full accounting of such network. Prohibits U.S. military assistance to Pakistan until the President certifies to the appropriate congressional committees that: (1) the Government of Pakistan has provided the United States with unrestricted opportunities to interview Dr. Khan, and has complied with International Atomic Energy Agency (IAEA) requests regarding such network; and (2) the U.S. Government has determined such network's full scope of activities and participants, determined the nature of its connection to al Qaeda and Osama bin Laden, and, in conjunction with the IAEA, has confirmed its dismantling.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Katrina Assistance Tax Relief Incentives for Necessities Act of 2005'' or the ``KATRINA Act of 2005''. SEC. 2. HURRICANE KATRINA DISASTER VICTIMS MADE MEMBERS OF TARGETED GROUPS UNDER WORK OPPORTUNITY TAX CREDIT. (a) In General.--Paragraph (1) of section 51(d) of the Internal Revenue Code of 1986 (defining generally members of targeted group) is amended by striking ``or'' at the end of subparagraph (G), by striking the period at the end of subparagraph (H) and inserting ``, or'', and by inserting after subparagraph (H) the following new subparagraph: ``(I) a Hurricane Katrina disaster victim.''. (b) Qualified Disaster Victim.--Subsection (d) of section 51 of such Code (relating to members of targeted groups) is amended by redesignating paragraphs (10), (11), and (12) as paragraphs (11), (12), and (13), respectively, and by inserting after paragraph (9) the following new paragraph: ``(10) Hurricane katrina disaster victim.--The term `Hurricane Katrina disaster victim' means an individual who is certified by the designated local agency as being a eligible to receive assistance from the Federal Government under the Robert T. Stafford Disaster Relief and Emergency Assistance Act by reason of Hurricane Katrina.''. (c) Termination.--Subparagraph (B) of section 51(c)(4) of such Code is amended by inserting ``(2006 in the case of a Hurricane Katrina disaster victim)'' before the period. (d) Effective Date.--The amendments made by this section shall apply to individuals who begin work for the employer after August 28, 2005. SEC. 3. HURRICANE KATRINA DISPLACED RESIDENT CREDIT. (a) In General.--Subpart A of of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to nonrefundable personal credits) is amended by inserting after section 25D the following new section: ``SEC. 25E. HURRICANE KATRINA DISPLACED RESIDENT CREDIT. ``(a) Allowance of Credit.-- ``(1) In general.--There shall be allowed as a credit against the tax imposed by this chapter for the taxable year with respect to all qualified displaced persons residing without charge with the taxpayer in the principal residence of the taxpayer an amount equal to the applicable percentage of $1,000. ``(2) Applicable percentage.--For purposes of paragraph (1), the applicable percentage is the ratio (expressed as a percentage) which-- ``(A) the number of days the qualified displace persons reside without charge with the taxpayer in the principal residence of the taxpayer during the taxable year, bears to ``(B) 360. ``(b) Limitations.-- ``(1) Limitation based on adjusted gross income.--The amount of the credit allowable under subsection (a) shall be reduced (but not below zero) by $50 for each $1,000 (or fraction thereof) by which the taxpayer's modified adjusted gross income exceeds the threshold amount. For purposes of the preceding sentence, the term `modified adjusted gross income' means adjusted gross income increased by any amount excluded from gross income under section 911, 931, or 933. ``(2) Threshold amount.--For purposes of paragraph (1), the term `threshold amount' means-- ``(A) $110,000 in the case of a joint return, ``(B) $75,000 in the case of an individual who is not married, and ``(C) $55,000 in the case of a married individual filing a separate return. For purposes of this paragraph, marital status shall be determined under section 7703. ``(3) Limitation based on amount of tax.-- ``(A) the sum of the regular tax liability (as defined in section 26(b)) plus the tax imposed by section 55, over ``(B) the sum of the credits allowable under this subpart (other than this section and sections 23 and 25B) and section 27 for the taxable year. ``(c) Qualified Displaced Person.--For purposes of this section, the term `qualified displaced person' means, with respect to any taxpayer for any taxable year, any individual-- ``(1) who is displaced by reason of Hurricane Katrina, and ``(2) who, after such displacement, resides with the taxpayer without charge for not less than 90 days. Such term shall not include the spouse or any dependent of the taxpayer. ``(d) Identification Requirement.--No credit shall be allowed under this section to a taxpayer with respect to any qualified displaced person unless the taxpayer includes the name and taxpayer identification number of such qualified displaced person on the return of tax for the taxable year. ``(e) Taxable Year Must Be Full Taxable Year.--Except in the case of a taxable year closed by reason of the death of the taxpayer, no credit shall be allowable under this section in the case of a taxable year covering a period of less than 12 months. ``(f) Termination.--This section shall not apply to taxable years beginning after December 31, 2006.''. (b) Clerical Amendment.--The table of sections for subpart A of of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 25E. Hurricane Katrina displaced resident credit.''. SEC. 4. HOME PURCHASE BY VICTIMS OF HURRICANE KATRINA. (a) In General.--Subpart A of of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to nonrefundable personal credits) is amended by inserting after section 25E the following new section: ``SEC. 25F. HOME PURCHASE BY INDIVIDUALS DISPLACED BY HURRICANE KATRINA. ``(a) Allowance of Credit.--In the case of an eligible homebuyer who purchases a principal residence in the Hurricane Katrina disaster area, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to so much of the purchase price of the residence as does not exceed $5,000. ``(b) Limitation Based on Modified Adjusted Gross Income.-- ``(1) In general.--The amount allowable as a credit under subsection (a) (determined without regard to this subsection and subsection (d)) for the taxable year shall be reduced (but not below zero) by the amount which bears the same ratio to the credit so allowable as-- ``(A) the excess (if any) of-- ``(i) the taxpayer's modified adjusted gross income for such taxable year, over ``(ii) $70,000 ($110,000 in the case of a joint return), bears to ``(B) $20,000. ``(2) Modified adjusted gross income.--For purposes of paragraph (1), the term `modified adjusted gross income' means the adjusted gross income of the taxpayer for the taxable year increased by any amount excluded from gross income under section 911, 931, or 933. ``(c) Eligible Homebuyer.--For purposes of this section-- ``(1) In general.--The term `eligible homebuyer' means any individual if-- ``(A) on August 29, 2005, the principal place of abode of such individual (and if married, such individual's spouse) was located in the Hurricane Katrina disaster area, and such principal place of abode was rendered uninhabitable by Hurricane Katrina, and ``(B) the principal residence for which the credit is allowed under subsection (a) is located in the same State as such principal place of abode. ``(2) One-time only.--If an individual is allowed a credit under this section with respect to any principal residence, such individual may not be allowed a credit under this section with respect to any other principal residence. ``(3) Principal residence.--The term `principal residence' has the same meaning as when used in section 121. ``(d) Carryover of Credit.--If the credit allowable under subsection (a) exceeds the limitation imposed by section 26(a) for such taxable year reduced by the sum of the credits allowable under this subpart (other than this section and sections 23, 24, 25B, and 1400C) such excess shall be carried to the succeeding taxable year and added to the credit allowable under subsection (a) for such taxable year. ``(e) Other Definitions and Special Rules.--For purposes of this section-- ``(1) Hurricane katrina disaster area.--The term `Hurricane Katrina disaster area' means an area determined by the President to warrant assistance from the Federal Government under the Robert T. Stafford Disaster Relief and Emergency Assistance Act by reason of Hurricane Katrina. ``(2) Allocation of dollar limitation.-- ``(A) Married individuals filing separately.--In the case of a married individual filing a separate return, subsection (a) shall be applied by substituting `$2,500' for `$5,000'. ``(B) Other taxpayers.--If 2 or more individuals who are not married purchase a principal residence, the amount of the credit allowed under subsection (a) shall be allocated among such individuals in such manner as the Secretary may prescribe, except that the total amount of the credits allowed to all such individuals shall not exceed $5,000. ``(3) Purchase.-- ``(A) In general.--The term `purchase' means any acquisition, but only if-- ``(i) the property is not acquired from a person whose relationship to the person acquiring it would result in the disallowance of losses under section 267 or 707(b) (but, in applying section 267(b) and (c) for purposes of this section, paragraph (4) of section 267(c) shall be treated as providing that the family of an individual shall include only his spouse, ancestors, and lineal descendants), and ``(ii) the basis of the property in the hands of the person acquiring it is not determined-- ``(I) in whole or in part by reference to the adjusted basis of such property in the hands of the person from whom acquired, or ``(II) under section 1014(a) (relating to property acquired from a decedent). ``(B) Construction.--A residence which is constructed by the taxpayer shall be treated as purchased by the taxpayer on the date the taxpayer first occupies such residence. ``(4) Purchase price.--The term `purchase price' means the adjusted basis of the principal residence on the date such residence is purchased. ``(f) Reporting.--If the Secretary requires information reporting under section 6045 by a person described in subsection (e)(2) thereof to verify the eligibility of taxpayers for the credit allowable by this section, the exception provided by section 6045(e)(5) shall not apply. ``(g) Basis Adjustment.--For purposes of this subtitle, if a credit is allowed under this section with respect to the purchase of any residence, the basis of such residence shall be reduced by the amount of the credit so allowed. ``(h) Application of Section.--This section shall apply to property purchased after August 28, 2005, and before January 1, 2007.''. (b) Conforming Amendment.--Section 1016(a) of such Code is amended by striking ``and'' at the end of paragraph (36), by striking the period at the end of paragraph (37) and inserting ``, and'', and by adding at the end the following new paragraph: ``(38) to the extent provided in section 25F(g).''. (c) Clerical Amendment.--The table of sections for subpart A of of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 25E the following new item: ``Sec. 25F. Home purchase by individuals displaced by Hurricane Katrina.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years ending after the date of the enactment of this Act. SEC. 5. RELIEF THROUGH LOW-INCOME HOUSING CREDIT RELATING TO HURRICANE KATRINA. (a) Increase in Housing Credit Dollar Amount.--For purposes of determining the State housing credit ceiling of the States of Alabama, Louisiana, and Mississippi for 2006 and 2007, section 42(h)(3)(C)(ii)(I) of the Internal Revenue Code of 1986 shall be applied by substituting ``$3.70'' for ``$1.75''. (b) Authority to Waive Percentage Limitation to Treat Hurricane Katrina Disaster Areas as Difficult Development Areas.--In the case of taxable years beginning in 2005, 2006, and 2007, any area in the State of Alabama, Florida, Louisiana, or Mississippi located within the area determined by the President to warrant assistance from the Federal Government under the Robert T. Stafford Disaster Relief and Emergency Assistance Act by reason of Hurricane Katrina shall be treated as a difficult development area for purposes of section 42(d)(5)(C) of the Internal Revenue Code of 1986, notwithstanding the percentage limitation in clause (iii)(II) of such section. (c) Waiver of Full Subscription Requirement.--In the case of the States of Alabama, Florida, Louisiana, and Mississippi for 2005, 2006, and 2007, section 42(h)(3)(D) of such Code shall be applied without regard to clause (iv)(I) of such section.

Katrina Assistance Tax Relief Incentives for Necessities Act of 2005 or the KATRINA Act of 2005 - Amends the Internal Revenue Code to: (1) designate Hurricane Katrina disaster victims as members of a targeted group for purposes of the work opportunity tax credit; (2) allow a tax credit, up to $1,000 annually, for individuals who house Hurricane Katrina disaster victims free of charge; (3) allow a tax credit, up to $5,000, for Hurricane Katrina disaster victims who purchase a principal residence in the Hurricane Katrina disaster area; and (4) increase the per capita housing credit ceiling for the low-income housing tax credit for Alabama, Louisiana, and Mississippi for 2006 and 2007 (from $1.75 to $3.70 multiplied by the state's population) and to waive certain requirements for such credit.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Preserving Access to Healthcare (PATH) 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. Temporary non-application of Medicare phased-out indirect medical education adjustment factor. Sec. 3. Delay in implementation of Medicaid outpatient hospital services regulation. Sec. 4. Delay in phase out of the Medicare hospice budget neutrality adjustment factor. Sec. 5. Treatment of certain Medicaid family demonstration project. Sec. 6. Delay in implementation of certain provisions relating to Medicare rural health clinics and federally qualified health centers. Sec. 7. Mandatory State use of National Correct Coding Initiative. Sec. 8. Medicaid Improvement Fund technical correction. Sec. 9. Funding for the Medicare Improvement Fund. SEC. 2. TEMPORARY NON-APPLICATION OF MEDICARE PHASED-OUT INDIRECT MEDICAL EDUCATION ADJUSTMENT FACTOR. (a) In General.--Notwithstanding any other provision of law, during the period beginning on October 1, 2008, and ending on March 31, 2009, section 412.322 of title 42, Code of Federal Regulations, shall be applied without regard to paragraph (c) of such section. (b) No Effect on Subsequent Periods.--Nothing in subsection (a) shall be construed as having any effect on the application of section 412.322 of title 42, Code of Federal Regulations, after March 31, 2009. SEC. 3. DELAY IN IMPLEMENTATION OF MEDICAID OUTPATIENT HOSPITAL SERVICES REGULATION. Notwithstanding any other provision of law, during the 6-month period that begins on the date of enactment of this Act, the Secretary of Health and Human Services shall not finalize or otherwise implement provisions contained in the proposed rule published on September 28, 2007, on pages 55158 through 55166 of volume 72, Federal Register (relating to parts 440 and 447 of title 42, Code of Federal Regulations). SEC. 4. DELAY IN PHASE OUT OF THE MEDICARE HOSPICE BUDGET NEUTRALITY ADJUSTMENT FACTOR. Notwithstanding any other provision of law, including the provisions contained in the final rule published on August 8, 2008, on pages 46464 through 46522 of volume 73, Federal Register (relating to part 418 of title 42, Code of Federal Regulations), the Secretary of Health and Human Services shall not phase out or eliminate the budget neutrality adjustment factor in the Medicare hospice wage index prior to April 1, 2009. SEC. 5. TREATMENT OF CERTAIN MEDICAID FAMILY DEMONSTRATION PROJECT. The Secretary of Health and Human Services, acting through the Administer of the Centers for Medicare & Medicaid Services and upon the request of the State of California, shall extend approval, and full Federal financial participation, of the State's Medicaid family planning demonstration project, which was approved under a waiver pursuant to section 1115 of the Social Security Act, until June 30, 2009, under the eligibility requirements and processes that were in place for such project as of the date before the first extension period for such project. SEC. 6. DELAY IN IMPLEMENTATION OF CERTAIN PROVISIONS RELATING TO MEDICARE RURAL HEALTH CLINICS AND FEDERALLY QUALIFIED HEALTH CENTERS. Notwithstanding any other provision of law, the Secretary of Health and Human Services shall not, prior to April 1, 2009, take any action (through promulgation of regulation, issuance of regulatory guidance, or other administrative action) to-- (1) finalize or otherwise implement provisions contained in the proposed rule published on June 27, 2008, on pages 36696 through 36719 of volume 73, Federal Register, that relate to-- (A) decertifying rural health clinics under the Medicare program under title XVIII of the Social Security Act that are determined to no longer be in nonurbanized areas; and (B) changes in the payment methodology for rural health clinics and federally qualified health centers under the Medicare program as described in sections 405.2410 and 405.2466(b)(1)(iii) of title 42, Code of Federal Regulations; or (2) promulgate or implement any rule or provisions similar to the provisions described in paragraph (1). SEC. 7. MANDATORY STATE USE OF NATIONAL CORRECT CODING INITIATIVE. (a) In General.--Section 1903(r) of the Social Security Act (42 U.S.C. 1396b(r)) is amended-- (1) in paragraph (1)(B)-- (A) in clause (ii), by striking ``and'' at the end; (B) in clause (iii), by adding ``and'' after the semicolon; and (C) by adding at the end the following new clause: ``(iv) effective for claims filed on or after October 1, 2009, incorporate compatible methodologies of the National Correct Coding Initiative administered by the Secretary (or any successor initiative to promote correct coding and to control improper coding leading to inappropriate payment) and such other methodologies of that Initiative (or such other national correct coding methodologies) as the Secretary identifies in accordance with paragraph (3);''; and (2) by adding at the end the following new paragraph: ``(3) Not later than September 1, 2009, the Secretary shall do the following: ``(A) Identify those methodologies of the National Correct Coding Initiative administered by the Secretary (or any successor initiative to promote correct coding and to control improper coding leading to inappropriate payment) which are compatible to claims filed under this title. ``(B) Identify those methodologies of such Initiative (or such other national correct coding methodologies) that should be incorporated into claims filed under this title with respect to items or services for which States provide medical assistance under this title and no national correct coding methodologies have been established under such Initiative with respect to title XVIII. ``(C) Notify States of-- ``(i) the methodologies identified under subparagraphs (A) and (B) (and of any other national correct coding methodologies identified under subparagraph (B)); and ``(ii) how States are to incorporate such methodologies into claims filed under this title. ``(D) Submit a report to Congress that includes the notice to States under subparagraph (C) and an analysis supporting the identification of the methodologies made under subparagraphs (A) and (B).''. (b) Extension for State Law Amendment.--In the case of a State plan under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) which the Secretary of Health and Human Services determines requires State legislation in order for the plan to meet the additional requirements imposed by the amendment made by subsection (a)(1)(C), the State plan shall not be regarded as failing to comply with the requirements of such title solely on the basis of its failure to meet these additional requirements before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of enactment of this Act. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of the session is considered to be a separate regular session of the State legislature. SEC. 8. MEDICAID IMPROVEMENT FUND TECHNICAL CORRECTION. (a) In General.--Section 1941(b)(1)(B) of the Social Security Act, as added by section 7002(b) of the Supplemental Appropriations Act, 2008, is amended by inserting ``each of'' after ``for''. (b) Effective Date.--The amendment made by subsection (a) shall take effect as if included in the enactment of the Supplemental Appropriations Act, 2008 (Public Law 110-252). SEC. 9. FUNDING FOR THE MEDICARE IMPROVEMENT FUND. Section 1898(b)(1) of the Social Security Act, as added by section 7002(a) of the Supplemental Appropriations Act, 2008 (Public Law 110- 252) and as amended by section 188(a)(2) of the Medicare Improvements for Patients and Providers Act of 2008 (Public Law 110-275) and by section 6 of the QI Program Supplemental Funding Act of 2008, is amended by striking ``$2,290,000,000'' and inserting ``$2,590,000,000''.

Preserving Access to Healthcare (PATH) Act of 2008 - Declares that between October 1, 2008, and March 31, 2009, specified regulations regarding the formula for determining the federal rate for inpatient hospital capital-related costs under the Medicare prospective payment system (PPS) shall apply without the mandatory phase out of the indirect medical education adjustment factor. Directs the Secretary of Health and Human Services to delay for six months following enactment of this Act any implementation of the Medicaid outpatient hospital services regulation proposed on September 28, 2007. Prohibits the Secretary from phasing out or eliminating the Medicare hospice wage index budget neutrality adjustment factor before April 1, 2009. Directs the Secretary, acting through the Administrator of the Centers for Medicare and Medicaid Services and upon the request of the state of California, to extend approval, and full federal financial participation, of the state's Medicaid family planning demonstration project until June 30, 2009, under the eligibility requirements and processes that were in place before the project's first extension period. Directs the Secretary to delay until April 1, 2009, implementation of a proposed rule published on June 27, 2008 (or any similar rule), relating to: (1) decertification of rural health clinics under the Medicare program that are no longer in nonurbanized areas; and (2) changes in the Medicare payment methodology for rural health clinics and federally qualified health centers. Amends title XIX (Medicaid) of the Social Security Act, with regard to mechanized claims processing and information retrieval systems, to require states to incorporate compatible methodologies of the National Correct Coding Initiative for claims filed after October 1, 2009. Directs the Secretary to identify such methodologies. Amends title XVIII (Medicare) of the Social Security Act to increase funding for the Medicare Improvement Fund.

SECTION 1. SHORT TITLE. This Act may be cited as ``Women, Children, and Infant Tsunami Victim Relief Act of 2005''. SEC. 2. FINDINGS. Congress finds the following: (1) More than 150,000 people were killed as a result of the December 26, 2004, tsunami in Southeast Asia and more than 5,000,000 have been directly affected. (2) Approximately 150,000 women in the three most affected countries in the region are pregnant, and many are facing complications related to their pregnancies, including trauma- induced miscarriage and the need for urgent medical and nutritional support. (3) The Indonesian Midwife's Association estimates that 30 percent of its 5,500 members died in the tsunami. Under normal conditions, approximately 15 percent of pregnancies in Indonesia require urgent assistance from midwives or doctors to ensure the health and survival of the babies and mothers. (4) In disaster situations, health care systems crumble when they are most needed, especially by pregnant women. Emergency relief tends to focus on providing food and shelter, clearing roads, and maintaining security, to the exclusion of helping women in labor find a safe, clean place to deliver their babies, or on meeting the special nutrition and care needs of such women. (5) Maternity hospitals, women's health clinics, and other infrastructure for providing health services to women, including infrastructure related to providing maternal health assistance, ensuring safe delivery of babies, providing contraceptives and emergency obstetric care, and preventing sexually transmitted diseases, have been destroyed by the tsunami. In Sri Lanka, four of eight maternity clinics on the east coast were destroyed and the other four were greatly damaged. The Galle Teaching Hospital in Galle, Sri Lanka, relocated its 379 patients to another facility on higher ground. Although the hospital lost only one infant in the transition, the new facility has only 70 beds compared with the 415 beds the hospital had. (6) Even before the tsunami, one woman died every minute somewhere in the world from complications related to pregnancy. Too often during disaster situations safe blood supplies, equipment for anesthesia, transfusions and caesarean sections, and trained personnel to save those women's lives are unavailable. In disaster situations, the death toll rises steadily until such supplies and personnel can be located and brought in to the affected area. (7) Violence against women, including rape, gang rape, molestation and physical abuse during rescue operations and in temporary shelters has been reported. (8) The Women and Media Collective Group in Sri Lanka has issued a written appeal for public attention to ``serious issues concerning the safety and well-being of women which have not been addressed so far in relief efforts''. (9) The United Nations Population Fund (UNFPA) has extensive experience and existing programs dedicated to delivering maternal and child health care, ensuring safe delivery of babies, ensuring adequate reproductive health, providing contraceptive supplies and services, and providing other critically needed types of assistance in Indonesia, the Maldives, and Sri Lanka. (10) The UNFPA has extensive experience and the requisite capacity to address the needs and alleviate the suffering of victims of natural and man-made disasters. (11) In 2001, the Bush Administration provided $600,000 in additional humanitarian relief support to the UNFPA to address the immediate need for emergency reproductive health needs of Afghan women refugees who were fleeing Afghanistan. This support was used to improve maternal and child health services, including providing hygiene kits, safe delivery kits, and cribs for newborns. (12) The UNFPA has a long and proven track record in responding quickly and effectively in providing the necessary supplies and technical support to address reproductive health needs in humanitarian crises including in Sudan, Eritrea, Kosovo, and Sierra Leone. (13) The UNFPA has made an urgent appeal to donor countries to raise $28,000,000 to provide relief to women in Indonesia, the Maldives, and Sri Lanka. SEC. 3. ASSISTANCE TO TSUNAMI VICTIMS. (a) Authorization of Assistance.--Pursuant to the authorization of appropriations under subsection (b), the Secretary of State shall make available funding to the United Nations Population Fund (UNFPA) to provide assistance to tsunami victims in Indonesia, the Maldives, and Sri Lanka. Funding provided to the UNFPA shall be used to-- (1) provide and distribute equipment, including safe delivery kits and hygiene kits, medicines, and supplies, including soap and sanitary napkins, to ensure safe childbirth and emergency obstetric care and to prevent the transmission of HIV/AIDS; (2) reestablish maternal health services in areas where medical infrastructure and such services have been destroyed by the tsunami; (3) prevent and treat cases of violence against women and youth; (4) offer psychological support and counseling to women and youth; and (5) promote the access of unaccompanied women and other vulnerable people to vital services, including access to water, sanitation facilities, food, and health care. (b) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary of State $3,000,000 to provide the assistance described in subsection (a).

Women, Children, and Infant Tsunami Victim Relief Act of 2005 - Directs the Secretary of State to make funding available to the United Nations Population Fund (UNFPA) for tsunami victims in Indonesia, the Maldives, and Sri Lanka. States that such assistance shall be used to: (1) ensure safe childbirth and emergency obstetric care and to prevent HIV/AIDS transmission; (2) reestablish maternal health services; (3) prevent and treat cases of violence against women and youth; (4) offer psychological support and counseling to women and youth; and (5) promote access of unaccompanied women and other vulnerable people to vital services.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Enhancing Suspicious Activity Reporting Initiative Act''. SEC. 2. ENHANCING DEPARTMENT OF HOMELAND SECURITY SUSPICIOUS ACTIVITY REPORTING OPERATIONS. (a) Strategy Required.--Not later than 1 year after the date of the enactment of this Act, the Secretary of Homeland Security, in consultation with other appropriate Federal officials, shall develop a strategy to improve the operations and activities of the Department of Homeland Security related to training, outreach, and information sharing for suspicious activity reporting to prevent acts of terrorism. (b) Contents of Strategy.--The strategy required under subsection (a) shall include the following: (1) A description and examples of the types of information that would meet the definition of critical information for the purpose of suspicious activity reporting as well as information, including information associated with racial, religious or national origin, that would not meet the definition of critical information. (2) Training for appropriate personnel of State and major urban area fusion centers, emergency response providers, and, as appropriate, the private sector on-- (A) methods for identifying, analyzing, and disseminating critical information, including the indicators of terrorism; (B) methods to protect privacy and civil liberties, including preventing racial, religious, or national origin discrimination; and (C) response protocols for submitting suspicious activity reports. (3) Methods to improve outreach to appropriate State and major urban area fusion centers, emergency response providers, and the private sector related to suspicious activity reporting to prevent acts of terrorism. (4) A plan to ensure that critical information is shared in a timely manner with State and major urban area fusion centers, emergency response providers, and the private sector, as appropriate, including nationwide trend analysis and other information related to terrorist threats. (5) Methods to measure the effectiveness of the activities conducted under the strategy with respect to improving the operations and activities of the Department related to training, outreach, and information sharing to prevent acts of terrorism that have been validated through peer-reviewed empirical studies to the extent practicable. (c) Working Group Recommendations.--In developing the strategy required under subsection (a) the Secretary shall take into consideration the recommendations of the working group established under section 3. (d) Congressional Notification.--Not less than 30 days before the release of the strategy required pursuant to subsection (a), the Secretary shall provide to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a notification of the release of the strategy and a copy of the strategy. Such notification shall include the recommendations provided by the working group established under section 3 and how such recommendations were incorporated into the strategy. SEC. 3. SUSPICIOUS ACTIVITY REPORTING WORKING GROUP. (a) Establishment.-- (1) In general.--The Secretary of Homeland Security shall establish a working group on suspicious activity reporting. (2) Department liaisons.--The Secretary shall appoint as liaisons to the working group-- (A) the Chief Privacy Officer of the Department of Homeland Security; (B) the Officer for Civil Rights and Civil Liberties of the Department; and (C) such other officials of the Department as the Secretary determines appropriate. (b) Responsibilities.--The working group established under subsection (a) shall carry out the following responsibilities: (1) Provide advice to the Secretary regarding improvements to the operations and activities related to suspicious activity reporting to prevent acts of terrorism. (2) At the request of the Secretary, for purposes of section 2(c), develop recommendations to improve suspicious activity reporting to prevent acts of terrorism with respect to-- (A) outreach to relevant stakeholders; (B) information sharing; (C) protecting personally identifiable information; (D) protecting the privacy, civil rights, and civil liberties of individuals who report suspicious activity and individuals who are the subjects of such reports; (E) preventing racial, religious, or national origin discrimination; (F) training for emergency response providers and the private sector; and (G) other matters, as determined by the Secretary. (c) Working Group Membership.--Not later than 180 days after the date of the enactment of this Act, the Secretary shall seek the voluntary participation of not more than 20 individuals representing at least 12 diverse regions of the United States to serve as members of the working group. Members of the working group shall serve without pay. The Secretary shall seek to ensure that the working group includes members who are representatives from each of the following: (1) State and major urban area fusion centers. (2) State, local, tribal, and territorial law enforcement agencies. (3) Firefighters. (4) Emergency medical services. (5) Private sector security professionals. (6) Nongovernmental privacy and civil liberty organizations. (7) Any other group the Secretary determines appropriate. (d) Congressional Briefing.--Upon request, the Secretary shall provide to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a briefing on the operations and activities of the Department of Homeland Security related to training, outreach, and information sharing for suspicious activity reporting to prevent acts of terrorism, including copies of materials developed under this section. (e) Termination.--The working group under this section shall terminate on the date that is 2 years after the date of the enactment of this Act, except that the Secretary may extend such working group if the Secretary determines necessary. (f) Nonapplicability of FACA.--The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the working group established under this section. Passed the House of Representatives June 25, 2018. Attest: KAREN L. HAAS, Clerk.

Enhancing Suspicious Activity Reporting Initiative Act (Sec. 2) This bill directs the Department of Homeland Security (DHS) to: (1) develop a strategy, by one year after this bill's enactment, to improve its operations and activities related to training, outreach, and information sharing for suspicious activity reporting to prevent acts of terrorism; (2) establish a working group to advise it on suspicious activity reporting; and (3) provide a briefing to the congressional homeland security committees on its operations and activities related to suspicious activity reporting.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Make Provisional Ballots Count Act 2008'' SEC. 2. SAME-DAY VOTER RE-REGISTRATION FOR INDIVIDUALS PERMITTED TO CAST PROVISIONAL BALLOTS. (a) In General.--Section 302(a) of the Help America Vote Act of 2002 (42 U.S.C. 15482(a)) is amended-- (1) in the matter preceding paragraph (1) by striking ``such individual shall be permitted to cast a provisional ballot as follows'' and inserting the following: ``such individual shall be permitted to re-register to vote in the election and all other elections for Federal office for which ballots are cast at the polling place, in accordance with section 303(d), or (at the option of the individual) shall be permitted to cast a provisional ballot as follows:''; and (2) in paragraph (1), by striking the period at the end and inserting the following: ``, or (at the option of the individual) may re-register to vote in all elections for Federal office at which ballots are cast at the polling place.''. (b) Voter Re-Registration Procedures Described.--Section 303 of such Act (42 U.S.C. 15483) is amended-- (1) by redesignating subsection (d) as subsection (e); and (2) by inserting after subsection (c) the following new subsection: ``(d) Permitting Certain Individuals To Re-Register To Vote at Polling Place on Date of Election.-- ``(1) In general.--At each polling place in a State at which ballots are cast in an election for Federal office, an individual who is permitted to cast a provisional ballot under section 302 may, at the option of the individual, re-register to vote on the date of the election, and may cast a regular ballot instead of a provisional ballot at the polling place in the election, if the individual meets each of the following requirements: ``(A) The individual completes an application for voter registration in accordance with the requirements of this Act and other applicable law. ``(B) The individual provides the appropriate election official at the polling place with evidence of the individual's current address by-- ``(i) presenting the official with a current and valid photo identification which includes the individual's current address; ``(ii) presenting the official with a current and valid photo identification which does not include the individual's current address, together with a utility bill for the individual which includes the individual's current address and which is due not later than 30 days after the date of the election; or ``(iii) providing the official with such other evidence as the State or jurisdiction involved considers sufficient. ``(C) The individual executes a written affirmation before an election official at the polling place stating under penalty of perjury that the individual is eligible to register to vote in the jurisdiction in which the individual desires to vote and has not already voted in the election. ``(2) Notice from election official.--At the time an individual executes the written affirmation required under paragraph (1)(C), the appropriate election official at the polling place shall notify the individual that it is a crime to make false representations in registering to vote in elections for Federal office. ``(3) Transmittal of completed applications to state election official.--The appropriate official at the polling place shall transmit all applications to re-register to vote which are submitted at the polling place under this subsection to the appropriate State election official at the time the official at the polling place transmits the ballots cast at the polling place to the official. ``(4) Requirements under national voter registration act of 1993.--In carrying out this subsection, a polling place in a State shall meet the requirements applicable to a voter registration agency designated by the State under section 7(a)(2) of the National Voter Registration Act of 1993 (42 U.S.C. 1973gg-5(a)(2)), except that clauses (i), (ii), and (iii) of section 7(a)(6)(B) of such Act (42 U.S.C. 1973gg- 5(a)(6)(B)) shall not apply with respect to any of the voter registration forms distributed by the polling place pursuant to this subsection.''. (c) Inclusion in Voting Information Requirements.--Section 302(b)(2) of such Act (42 U.S.C. 14582(b)(2)) is amended-- (1) in subparagraph (E), by inserting ``and the right to re-register to vote at the polling place on the date of an election and vote in that election'' after ``provisional ballot''; (2) by redesignating subparagraphs (E) and (F) as subparagraphs (F) and (G); and (3) by inserting after subparagraph (D) the following new subparagraph: ``(E) instructions for individuals re-registering to vote at the polling place under section 303(d);''. (d) Effective Date.--Section 303(e) of such Act (42 U.S.C. 15483(e)), as redesignated by subsection (b), is amended by adding at the end the following new paragraph: ``(3) Requirement for voter re-registration on date of election.--Each State and jurisdiction shall be required to comply with the requirements of subsection (d) with respect to the regularly scheduled general election for Federal office held in November 2008 and each succeeding election for Federal office.''. SEC. 3. UNIFORM STANDARD FOR TREATMENT OF PROVISIONAL BALLOTS CAST AT INCORRECT POLLING PLACES. (a) In General.--Section 302(a)(4) of the Help America Vote Act of 2002 (42 U.S.C. 15482(a)(4)) is amended to read as follows: ``(4) The provisional ballot of an individual who is a registered voter in a jurisdiction in a State and who is eligible to vote in an election for Federal office in the State shall be counted as a vote in such an election if the appropriate State or local election official to whom the ballot or voter information is transmitted under paragraph (3)-- ``(A) in the case of an election for electors for President or for the office of a Senator, determines that the individual is registered to vote in the State in which the provisional ballot is cast; and ``(B) in the case of an election for the office of a Member of the House of Representatives (including a Delegate or Resident Commissioner to the Congress), determines that the individual is registered to vote in the Congressional district in which the provisional ballot is cast.''. (b) Responsibility of Election Official To Notify Individual of Determination of Eligibility of Ballot.-- (1) In general.--Section 302(a)(5) of such Act (42 U.S.C. 15482(a)(5)) is amended to read as follows: ``(5)(A) Not later than 24 hours after determining whether or not the vote of an individual who casts a provisional ballot in an election will be counted in that election under this Act, the appropriate State or local election official shall notify the individual of the determination and (if the determination is made that the vote will not be counted) the reasons for the determination and the individual's right to challenge the determination under the procedures established under subparagraph (B). ``(B) Each State shall establish procedures, including a free access system (such as a toll-free telephone number or an Internet website), under which an individual who casts a provisional ballot in an election and who is notified by the appropriate State or local election official that the provisional ballot cast by the individual will not be counted as a vote in the election may challenge the determination prior to the final tabulation of ballots in the election. ``(C) In carrying out subparagraph (B), each State shall ensure that, in each jurisdiction of the State, an appropriate State or local election official operates open office hours for at least 8 hours on the day after the date of the election, during which a voter who cast a provisional ballot in the election may contact the official and challenge the determination under the procedures established under subparagraph (B).''. (2) Conforming amendment.--Section 302(a) of such Act (42 U.S.C. 15482(a)) is amended in the matter following paragraph (5) by striking ``The appropriate State or local official'' and all that follows through ``paragraph (5)(B).''. (c) Effective Date.--Section 302(d) of such Act (42 U.S.C. 15482(d)) is amended to read as follows: ``(d) Effective Date.-- ``(1) In general.--Except as provided in paragraph (2), each State and jurisdiction shall be required to comply with the requirements of this section on and after January 1, 2004. ``(2) Delayed effective date for certain provision.--To the extent that any provision of this section was amended by the Make Provisional Ballots Count Act of 2008, such provision shall apply with respect to the regularly scheduled general election for Federal office held in November 2008 and each succeeding election for Federal office.''.

Make Provisional Ballots Count Act of 2008 - Amends the Help America Vote Act of 2002 to: (1) permit same-day voter re-registration at polling places on the date of election for individuals permitted to cast provisional ballots; and (2) require counting of provisional ballots cast by individuals determined to be registered to vote in the state or the congressional district, as appropriate.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Collaborative Academic Research Efforts for Tourette Syndrome Act of 2011''. SEC. 2. PROGRAMS OF THE NATIONAL INSTITUTES OF HEALTH RELATING TO TOURETTE SYNDROME. Part B of title IV of the Public Health Service Act is amended by inserting after section 409J (42 U.S.C. 284q) the following: ``SEC. 409K. EXPANSION, INTENSIFICATION, AND COORDINATION OF ACTIVITIES WITH RESPECT TO TOURETTE SYNDROME. ``(a) In General.--The Secretary, acting through the Director of NIH, shall expand, intensify, and coordinate the programs and activities of the National Institutes of Health with respect to Tourette syndrome. ``(b) Data Collection.-- ``(1) System.--In carrying out subsection (a), the Secretary shall develop a system to collect data on Tourette syndrome, including epidemiologic information with respect to the incidence and prevalence of Tourette syndrome in the United States. ``(2) Broad and narrow definitions.--The data collection system under paragraph (1) shall provide for the collection of primary data on Tourette syndrome, including related data on the various conditions known to be comorbid with Tourette syndrome. ``(3) Collection by population and geographical region.-- The data collection system under paragraph (1) shall provide for the collection of data on the availability of medical and social services for individuals with Tourette syndrome and their families and the disaggregation of such data by population and geographical region. ``(c) Centers of Excellence.-- ``(1) In general.--In carrying out subsection (a), the Secretary shall make awards of grants and contracts to public or nonprofit private entities to pay all or part of the cost of planning, establishing, improving, and providing basic operating support for centers of excellence regarding research on Tourette syndrome. ``(2) Research.--Each center under paragraph (1) shall conduct basic and clinical research into Tourette syndrome. Such research should include investigations into the cause, diagnosis, early detection, prevention, control, and treatment of Tourette syndrome. The centers, as a group, shall conduct research including the fields of developmental neurobiology, genetics, and psychopharmacology. ``(3) Services for patients.-- ``(A) In general.--A center under paragraph (1) may expend amounts provided under such paragraph to carry out a program to make individuals aware of opportunities to participate as subjects in research conducted by the centers. ``(B) Referral and costs.--A program under subparagraph (A) may, in accordance with such criteria as the Secretary may establish, provide to the subjects described in such subparagraph, referrals for health and other services, and such patient care costs as are required for research. ``(C) Availability and access.--The extent to which a center can demonstrate availability and access to clinical services shall be considered by the Secretary in decisions about awarding grants to applicants which meet the scientific criteria for funding under this section. ``(4) Organization of centers.-- ``(A) In general.--A center under paragraph (1) may-- ``(i) use the facilities of a single institution; or ``(ii) be formed from a consortium of cooperating institutions and patient advocacy groups in order to maximize the scope of the center's services and geographic coverage. ``(B) Eligibility requirements.--To be eligible to make facilities so available (as described in subparagraph (A)(i)) or participate in such a consortium (as described in subparagraph (B)), an institution or group shall meet such requirements as the Secretary may prescribe. ``(5) Number of centers; duration of support.-- ``(A) In general.--Subject to the availability of appropriations, the Secretary shall provide for the establishment of not fewer than 4 and not more than 6 centers under paragraph (1). ``(B) Geographical distribution.--The Secretary shall-- ``(i) ensure that each of the centers established under paragraph (1) is located in a different region of the United States than the other such centers; and ``(ii) encourage the formation of such centers from a consortium of entities (as described in paragraph (4)(A)(ii)) covering multiple States. ``(C) Duration.--Support for a center established under paragraph (1) may be provided under this section for a period of not to exceed 5 years. Such period may be extended for one or more additional periods not exceeding 5 years if the operations of such center have been reviewed by an appropriate technical and scientific peer review group established by the Secretary and if such group has recommended to the Secretary that such period should be extended. ``(d) Research on Symptomology and Treatment.--In carrying out subsection (a), the Secretary shall award grants on a competitive basis for research on-- ``(1) the full range of symptomology within the Tourette syndrome clinical spectrum; and ``(2) the efficacy of treatment options for particular patient subpopulations. ``(e) Funding.--Of the amounts made available to carry out the programs and activities of the National Institutes of Health for a fiscal year, the Secretary shall designate a portion of such amounts for carrying out the programs and activities of the National Institutes of Health with respect to Tourette syndrome.''.

Collaborative Academic Research Efforts for Tourette Syndrome Act of 2011 - Amends the Public Health Service Act to require the Director of the National Institutes of Health (NIH) to expand, intensify, and coordinate NIH programs and activities regarding Tourette syndrome. Requires the Director to develop a system to collect data on Tourette syndrome, including epidemiological information regarding its incidence and prevalence in the United States, primary data, and data on the availability of medical and social services for individuals with Tourette syndrome and their families. Requires the Director to award grants and contracts to public or nonprofit private entities to pay costs of planning, establishing, improving, and providing basic operating support for between four and six centers of excellence in different regions of the United States to conduct basic and clinical research on Tourette syndrome. Requires the Secretary to designate a portion of the amounts made available to carry out NIH programs and activities for a fiscal year to carry out programs and activities with respect to Tourette syndrome.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Inmate Tax Fraud Prevention Act of 2008''. SEC. 2. DISCLOSURE OF PRISONER RETURN INFORMATION TO FEDERAL BUREAU OF PRISONS. (a) In General.--Subsection (k) of section 6103 of the Internal Revenue Code of 1986 (relating to disclosure of certain return and return information for tax administration purposes) is amended by adding at the end the following new paragraph: ``(10) Disclosure of certain return information of prisoners to federal bureau of prisons.-- ``(A) In general.--Under such procedures as the Secretary may prescribe, the Secretary may disclose to the head of the Federal Bureau of Prisons any return information with respect to individuals incarcerated in Federal prison whom the Secretary has determined may have filed or facilitated the filing of a false return to the extent that the Secretary determines that such disclosure is necessary to permit effective Federal tax administration. ``(B) Restriction on redisclosure.--Notwithstanding subsection (n), the head of the Federal Bureau of Prisons may not disclose any information obtained under subparagraph (A) to any person other than an officer or employee of such Bureau. ``(C) Restriction on use of disclosed information.--Return information received under this paragraph shall be used only for purposes of and to the extent necessary in taking administrative action to prevent the filing of false and fraudulent returns, including administrative actions to address possible violations of administrative rules and regulations of the prison facility. ``(D) Termination.--No disclosure may be made under this paragraph after December 31, 2011.''. (b) Recordkeeping.--Paragraph (4) of section 6103(p) of such Code is amended by striking ``(k)(8)'' both places it appears and inserting ``(k)(8) or (10)''. (c) Evaluation by Treasury Inspector General for Tax Administration.--Paragraph (3) of section 7803(d) of such Code is amended by striking ``and'' at the end of subparagraph (A), by striking the period at the end of subparagraph (B) and inserting ``; and'', and by adding at the end the following new subparagraph: ``(C) not later than December 31, 2010, submit a written report to Congress on the implementation of section 6103(k)(10).''. (d) Effective Date.--The amendments made by this section shall apply to disclosures made after December 31, 2008. (e) Annual Reports.--The Secretary of the Treasury shall annually submit to Congress and make publicly available a report on the filing of false and fraudulent returns by individuals incarcerated in Federal and State prisons. Such report shall include statistics on the number of false and fraudulent returns associated with each Federal and State prison. SEC. 3. RESTORATION OF CERTAIN JUDICIAL SURVIVORS' ANNUITIES. (a) In General.--Section 376 of title 28, United States Code, is amended by adding at the end the following: ``(x) In the case of a widow or widower whose annuity under clause (i) or (ii) of subsection (h)(1) is terminated because of remarriage before attaining 55 years of age, the annuity shall be restored at the same rate commencing on the day the remarriage is dissolved by death, divorce, or annulment, if-- ``(1) the widow or widower elects to receive this annuity instead of any other survivor annuity to which such widow or widower may be entitled, under this chapter or under another retirement system for Government employees, by reason of the remarriage; and ``(2) any payment made to such widow or widower under subsection (o) or (p) on termination of the annuity is returned to the Judicial Survivors' Annuities Fund.''. (b) Conforming Amendment.--Section 376(h)(2) of title 28, United States Code, is amended by striking the period at the end and inserting ``, subject to subsection (x).''. (c) Effective Date.-- (1) In general.--This section and the amendments made by this section shall take effect on the first day of the first month beginning at least 30 days after the date of the enactment of this Act and shall apply in the case of a remarriage which is dissolved by death, divorce, or annulment on or after such first day. (2) Limited retroactive effect.-- (A) In general.--In the case of a remarriage which is dissolved by death, divorce, or annulment within the 4-year period ending on the day before the effective date of this section, the amendments made by this section shall apply only if the widow or widower satisfies the requirements of paragraphs (1) and (2) of section 376(x) of title 28, United States Code (as amended by this section) before-- (i) the end of the 1-year period beginning on the effective date of this section; or (ii) such later date as Director of the Administrative Office of the United States Courts may by regulation prescribe. (B) Restoration.--If the requirements of paragraph (1) are satisfied, the survivor annuity shall be restored, commencing on the date the remarriage was dissolved by death, annulment, or divorce, at the rate which was in effect when the annuity was terminated. (C) Lump-sum payment.--Any amounts becoming payable to the widow or widower under this subsection for the period beginning on the date on which the annuity was terminated and ending on the date on which periodic annuity payments resume shall be payable in a lump-sum payment. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Inmate Tax Fraud Prevention Act of 2008 - Amends the Internal Revenue Code to authorize the Secretary of the Treasury to disclose to the head of the Federal Bureau of Prisons tax return information of prisoners whom the Secretary has determined may have filed or facilitated the filing of a false tax return. Prohibits the head of the Federal Bureau of Prisons from disclosing any prisoner tax return information to any person other than an officer or employee of such Bureau. Restricts the use of such tax return information to preventing the filing of false and fraudulent tax returns. Terminates such disclosure authority after December 31, 2011. Imposes recordkeeping and reporting requirements on the Bureau with respect to disclosures of prisoner tax return information. Requires the Secretary to submit an annual report to Congress on the filing of false and fraudulent tax returns by federal and state prisoners and to make such reports available to the public. Requires the Treasury Inspector General for Tax Administration to submit a written report to Congress by December 31, 2010, on the implementation of the authority to disclose prisoner tax return information. Amends the federal judicial code with respect to certain widows and widowers whose judicial survivors' annuities are terminated on account of remarriage before age 55. Requires restoration of such benefits, at the same rate, upon the dissolution of the remarriage by death, divorce, or annulment, if specified requirements are met.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Office for Social Work Research Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Social workers help people overcome some of life's most difficult challenges: poverty, discrimination, abuse, addiction, physical illness, divorce, loss, unemployment, educational problems, disability, and mental illness. They help prevent crises and counsel individuals, families, and communities to cope more effectively with the stresses of everyday life. Professional social workers are found in every facet of community life--in schools, hospitals, mental health clinics, senior centers, elected office, private practices, prisons, the military, corporations, and in numerous public and private agencies that serve individuals and families in need. (2) Social workers focus on the improvement of individual and family functioning and the creation of effective health and mental health prevention and treatment interventions in order for individuals to become more productive members of society. (3) Social workers provide front line prevention and treatment services in the areas of school violence, aging, teen pregnancy, child abuse, domestic violence, juvenile crime, and substance abuse, particularly in rural and underserved communities. (4) Social workers are in a unique position to provide valuable research information on these complex social concerns, taking into account a wide range of social, medical, economic, and community influences from an interdisciplinary, family- centered and community-based approach. (5) Social work research as it relates to the health of individuals sheds light on the behavioral and social determinants of wellness and disease and helps to develop effective interventions for improving health outcomes. SEC. 3. NATIONAL OFFICE OF SOCIAL WORK RESEARCH. Part A of title IV of the Public Health Service Act (42 U.S.C. 281 et seq.) is amended by adding at the end the following: ``SEC. 404I. NATIONAL OFFICE OF SOCIAL WORK RESEARCH. ``(a) Establishment.--There is established within the Office of the Director of NIH an office to be known as the Office of Social Work Research (in this section referred to as the `Office'), which shall be headed by a Director (in this section referred to as the `Director') to be appointed by the Director of NIH. ``(b) Purpose of Office.--The general purpose of the Office is the conduct and support of, and dissemination of, targeted research concerning social work methods and outcomes related to problems of significant social concern. The Office shall-- ``(1) promote research and training that is designed to inform social work practices, and otherwise increase the knowledge base which promotes a healthier America; and ``(2) provide policymakers with empirically based research information to enable such policymakers to better understand complex social issues and make informed funding decisions about service effectiveness and cost efficiency. ``(c) Duties.-- ``(1) In general.--The Director of the Office shall carry out the following: ``(A) Recommend an agenda for conducting and supporting social work research through the national research institutes and centers. The agenda shall provide for a broad range of research, training and education activities, including scientific workshops and symposia to identify social work research opportunities. ``(B) With respect to social work, promote coordination and cooperation among the national research institutes and centers and entities whose research is supported by such institutes. ``(C) If determined appropriate, and in collaboration with the directors of the other relevant institutes and centers of the National Institutes of Health, enter into cooperative agreements with and make grants for centers of excellence on social work in accordance with section 404G. ``(D) Promote the sufficient allocation of the resources of the National Institutes of Health for conducting and supporting social work research. ``(E) Promote and encourage the establishment of a centralized clearinghouse for social work research that will provide understandable information about this research to the public, social service professionals, medical professionals, patients and families. ``(F) Biennially prepare a report that describes the social work research and education activities being conducted or supported through the national research institutes and centers, and that identifies particular projects or types of projects that should in the future be conducted or supported by the national research institutes and centers or other entities in the field of social work research. ``(G) Prepare the annual report of the Director of NIH to Congress concerning social work research conducted by or supported through the national research institutes and centers. ``(2) Principal advisor regarding social work research.-- With respect to social work research, the Director shall serve as the principal advisor to the Director of NIH and shall provide advice to other relevant agencies. The Director shall provide liaison with national and international patient, health and behavioral health and social service organizations concerned with social work research. ``(d) Definitions.--For purposes of this section, the term `social work research' means the study of preventive interventions, treatment of acute psychosocial problems, care and rehabilitation of individuals with severe, chronic difficulties, community development interventions, organizational administration, and the effects of social policy actions on the practice of social work (TFSWR, 1991, p.1). Social work research may cover the entire lifespan, and may be focused at clinical and services and policy issues, focusing on individual, family, group, community or organizational levels of intervention and analysis. ``(e) Authorization of Appropriations.--For the purpose of carrying out this section, there are authorized to be appropriated such sums as may have been appropriated for fiscal year 2011 for such purpose, and $4,000,000 for each of fiscal years 2012 through 2015.''. SEC. 4. SOCIAL WORK RESEARCH CENTERS OF EXCELLENCE. Title IV of the Public Health Service Act (42 U.S.C. 281 et seq.), as amended by section 3, is further amended by inserting after section 404I the following: ``SEC. 404J. SOCIAL WORK RESEARCH CENTERS OF EXCELLENCE. ``(a) Cooperative Agreements and Grants.-- ``(1) In general.--The Director of the Office of Social Work Research (in this section referred to as the `Director'), in collaboration with the directors of the other relevant institutes and centers of the National Institutes of Health, may enter into cooperative agreements with, and make grants to, public or private nonprofit entities to pay all or part of the cost of planning, establishing, or strengthening, and providing basic operating support for, centers of excellence for clinical and psychosocial research, training in, and demonstration of social work research. ``(2) Policies.--A cooperative agreement or grant under paragraph (1) shall be entered into in accordance with policies established by the Director of NIH. ``(b) Coordination With Other Institutes.--The Director shall coordinate the activities under this section with similar activities conducted by other national research institutes, centers and agencies of the National Institutes of Health, and the Department of Veterans Affairs, the Department of Defense, the Administration for Children and Families, the Department of Justice, the Department of Education, the Department of Housing and Urban Development, to the extent that such institutes, centers and agencies have responsibilities that are related to social work research. ``(c) Uses for Federal Payments Under Cooperative Agreements or Grants.--Federal payments made under a cooperative agreement or grant under subsection (a) may be used for-- ``(1) staffing, administrative, and other basic operating costs, including such patient care costs as are required for research; ``(2) interdisciplinary training for health and social service professionals on research and the use of evidence, with respect to social work research; and ``(3) social work research and demonstration programs. ``(d) Period of Support; Additional Periods.--Support of a center under subsection (a) may be for a period of not to exceed 5 years. Such period may be extended by the Director for additional periods of not to exceed 5 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. ``(e) Authorization of Appropriations.--For the purpose of carrying out this section, there are authorized to be appropriated such sums as may have been appropriated for fiscal year 2011 for such purpose, and $20,000,000 for each of fiscal years 2012 through 2015.''.

National Office for Social Work Research Act - Amends the Public Health Service Act to establish the Office of Social Work Research in the National Institutes of Health (NIH) to conduct, support, and disseminate targeted research concerning social work methods and outcomes related to problems of significant social concern. Requires the Office to: (1) promote research and training to inform social work practices, and (2) provide policymakers with research to better understand complex social issues and make informed funding decisions about service effectiveness and cost efficiency. Sets forth duties of the Director of the Office, which shall include: (1) recommending an agenda for conducting and supporting social work research through the national research institutes and centers; (2) promoting coordination and cooperation among such institutes and centers; (3) promoting the sufficient allocation of NIH resources for such research; and (4) promoting and encouraging the establishment of a centralized clearinghouse for social work research to provide understandable information about this research to the public, social service professionals, medical professionals, patients, and families. Requires the Director to serve as the principal adviser to the Director of NIH and to provide advice to other relevant agencies. Authorizes the Director of the Office to enter into cooperative agreements with, and make grants to, public or private nonprofit entities to pay all or part of the cost of planning, establishing, or strengthening, and providing basic operating support for centers of excellence for clinical and psychosocial research, training in, and demonstration of social work research.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Opportunity for Lead Exposure Accountability and Deterrence Act of 2016''. SEC. 2. NATIONAL PRIMARY DRINKING WATER REGULATIONS FOR LEAD AND COPPER. The Safe Drinking Water Act is amended by inserting after section 1417 of such Act (42 U.S.C. 300g-6) the following: ``SEC. 1417A. NATIONAL PRIMARY DRINKING WATER REGULATIONS FOR LEAD AND COPPER. ``(a) Lead and Copper Rule.-- ``(1) In general.--The national primary drinking water regulations for lead and copper (in this section referred to as the `lead and copper rule') shall include each of the requirements described in this section. ``(2) Revision.--The Administrator shall revise the lead and copper in accordance with this section-- ``(A) not later than 9 months after the date of enactment of the National Opportunity for Lead Exposure Accountability and Deterrence Act of 2016; and ``(B) thereafter, in accordance with section 1412(b). ``(b) Sampling.-- ``(1) Applicability.--This subsection applies with respect to sampling by a public water system of lead or copper in drinking water, irrespective of whether such sampling-- ``(A) is required by the lead and copper rule; or ``(B) is voluntary sampling initiated by customers of the public water system. ``(2) Reporting.--Subject to paragraph (3), a public water system shall report the results of sampling to the Administrator or the State exercising primary enforcement responsibility, as applicable, and shall include in such reporting-- ``(A) the number of residential and nonresidential facilities at which the sampling was conducted; ``(B) subject to paragraph (4), the address of such residential and nonresidential facilities; ``(C) previous samples taken at such residential and nonresidential facilities and the results of those samples; ``(D) where such information exists, the material composition of the service lines at such residential and nonresidential facilities; ``(E) the dates on which the respective sampling occurred; ``(F) the highest and median lead and copper levels detected; ``(G) the 90th percentile lead and copper levels (as such percentile is calculated under section 141.80 of title 40, Code of Federal Regulations, and any successor regulations) detected; ``(H) the number and value of all samples above the lead or copper action levels; ``(I) the disinfectants and corrosion inhibitors being used and the target doses at the water treatment plant; ``(J) any changes since the previous report under this section in the type, method, or quantity of treatments being used in the water sampled; ``(K) the history of violations, and fines received, by the system; ``(L) the number of samples invalidated and the reason for their invalidation; and ``(M) if sampling is conducted at residential facilities other than those with lead service lines, an explanation of why such sampling was conducted. ``(3) Public availability of reports.--A public water system shall make publicly available any report that is required by this section or by the lead and copper rule. ``(4) Privacy.--A public water system shall give the owner of each residential and nonresidential facility at which sampling data is collected the option to be identified only by block number and street name. ``(5) Sampling protocol; instructions.--The Administrator shall-- ``(A) develop a protocol for sampling for compliance with the lead and copper rule; ``(B) in such protocol-- ``(i) prohibit the use of techniques that minimize the detection of lead or copper in drinking water; ``(ii) require sampling under this section to occur not less than once per year; ``(iii) include criteria for site selection that prioritize testing at high-risk buildings; ``(iv) require sampling at all drinking water taps in all schools served by the public water system; and ``(v) require the sampling methodology to be scientifically based; and ``(C) develop instructions for compliance with such protocol for dissemination to public water systems and customers thereof. ``(c) Action Level Exceeded.-- ``(1) Investigations.--The Administrator (or the State exercising primary enforcement responsibility) shall require on-site investigations on where the source of lead is for all individual samples with a lead or copper concentration above the action level-- ``(A) to be completed by the public water system or local health department within 10 business days of the sample result; and ``(B) to include additional samples at additional locations to identify the potential scope of elevated lead or copper levels. ``(2) Notification.--Whenever a public water system detects a lead or copper concentration level above the action level, the system shall-- ``(A) within 2 calendar days of detecting such an exceedance that is specific to one or more facilities, notify the persons at such facilities; and ``(B) within 10 calendar days of completion of sampling for a monitoring period applicable under section 141.86 of title 40, Code of Federal Regulations (or any successor regulation) make a report on any exceedance detected pursuant to such sampling publicly available. ``(d) Public Education.--The lead and copper rule shall require testing results-- ``(1) to be in a standardized format; ``(2) to be posted on the website of the Administrator, the State exercising primary enforcement responsibility, and the public water system; and ``(3) to include-- ``(A) the provisions of consumer confidence reports under section 1414(c)(4) relating to lead and copper; ``(B) reports under subsection (b)(2) on the results of sampling; ``(C) lead service line replacement materials and financial assistance forms; and ``(D) how a consumer can request a water test. ``(e) Service Line Inventory.--A public water system shall-- ``(1) develop, maintain, and beginning not later than 3 years after the date of enactment of the National Opportunity for Lead Exposure Accountability and Deterrence Act of 2016 make publicly accessible an inventory of the material composition of the service lines at all residential and nonresidential facilities, including-- ``(A) online maps showing the locations of lead service lines; and ``(B) where information is available, a history of services performed on such lines, including partial line replacement; ``(2) give the owners of such residential and nonresidential facilities the option to be identified only by block number and street name; and ``(3) in developing such inventory, take measures to minimize any disturbance to service lines that might release contaminants. ``(f) Service Line Ownership.--A public water system shall collect, maintain, and beginning not later than 3 years after the date of enactment of the National Opportunity for Lead Exposure Accountability and Deterrence Act of 2016 make publicly accessible all legal documents establishing the ownership of service lines at residential and nonresidential facilities. ``(g) Service Line Replacement.-- ``(1) In general.--Whenever a public water system replaces a lead service line, the lead and copper rule shall-- ``(A) require the system to replace the line from the transmission line to where the line enters the facility; and ``(B) prohibit partial replacement. ``(2) Prioritization.--The lead and copper rule shall require any public water system engaged in replacing lead service lines to prioritize such replacement at high-risk buildings. ``(h) Definitions.--In this section: ``(1) The term `high-risk buildings' means-- ``(A) residential and nonresidential facilities with lead service lines-- ``(i) that have galvanized pipes; ``(ii) that have low water use; or ``(iii) whose lead service lines are among the longest served by the public water system; and ``(B) residential facilities at which one or more pregnant women or children reside. ``(2) The term `lead service line' means a service line that is not lead free (within the meaning of section 1417). ``(3) The term `publicly available' means that a report is-- ``(A) written in plain language that is culturally and linguistically appropriate; and ``(B)(i) published on a publicly accessible website of the public water system; or ``(ii) if the system does not maintain a publicly accessible website, distributed by carrier route to the persons served by the system.''. SEC. 3. TO LOWER THE ACTION LEVEL FOR LEAD IN DRINKING WATER. Section 1412(b) of the Safe Drinking Water Act (42 U.S.C. 300g- 1(b)) is amended by adding at the end the following new paragraph: ``(16) Lead in drinking water.--The Administrator shall revise the national primary drinking water regulation for lead to ensure that-- ``(A) not later than December 31, 2020, the action level for lead in drinking water is not more than 10 parts per billion; and ``(B) not later than December 31, 2026, the action level for lead in drinking water is not more than 5 parts per billion.''.

National Opportunity for Lead Exposure Accountability and Deterrence Act of 2016 This bill amends the Safe Drinking Water Act by requiring the Environmental Protection Agency (EPA) to revise the national primary drinking water regulations for lead and copper. The rule must direct: public water systems to meet certain reporting requirements; the EPA to develop a sampling protocol and develop instructions for compliance with the protocol; the EPA, or the state exercising primary enforcement responsibility, to require on-site investigations for determining the source of lead when the concentration of lead or copper contamination exceeds specified levels; public water systems to meet certain notification and reporting requirements when lead or copper concentration levels are exceeded; the systems to develop and make publicly accessible an inventory of the material composition of the service lines at residential and nonresidential facilities; the systems to collect and make publicly accessible information about the ownership of those service lines; and the systems to replace an entire lead service line (instead of partially replacing them) when they are replaced. The EPA must also revise the rule to lower the allowable level of lead that may be contained in drinking water.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Lebanon Reconstruction and Stabilization Act of 2006''. SEC. 2. FINDINGS. Congress finds the following: (1) On July 25, 2006, United States Ambassador to Lebanon Jeffrey Feltman declared a humanitarian emergency in Lebanon due to ongoing insecurity and humanitarian needs. (2) On August 11, 2006, the United Nations Security Council adopted Security Council Resolution 1701, calling for an end to hostilities between Hezbollah and Israel, and stating that ``the situation in Lebanon constitutes a threat to international peace and security''. (3) United Nations Security Council Resolution 1701, ``Stresses the importance of, and the need to achieve, a comprehensive, just and lasting peace in the Middle East.''. (4) On August 14, 2006, the United Nations brokered a ceasefire between Hezbollah and Israel. (5) United Nations Security Council Resolution 1701, ``Welcom[es] the efforts of the Lebanese Prime Minister and the commitment of the Government of Lebanon, in its seven-point plan, to extend its authority over its territory, through its own legitimate armed forces, such that there will be no weapons without the consent of the Government of Lebanon and no authority other than that of the Government of Lebanon.''. (6) United Nations Security Council Resolution 1701, ``Calls on the international community to take immediate steps to extend its financial and humanitarian assistance to the Lebanese people, including through facilitating the safe return of displaced persons and, under the authority of the Government of Lebanon, reopening airports and harbors, consistent with paragraphs 14 and 15, and calls on it also to consider further assistance in the future to contribute to the reconstruction and development of Lebanon.''. (7) It is estimated that there are approximately 8,500 unexploded ordnance in the region. (8) The Lebanese Government estimates that Lebanon suffered approximately $3.6 billion in damages to physical infrastructure. (9) Lebanon's economy has been severely impacted by the violence, especially in the tourism sector, which compromises 15 percent of its GDP. (10) It is in the national security interests of the United States, Israel and the region to have a functioning Lebanese central government that is able to protect its borders and provide municipal services to all its citizens and a strong economy able to generate jobs and foster economic growth. SEC. 3. DECLARATIONS OF POLICY. Congress makes the following declarations of policy: (1) Assisting failed states emerging from violent conflict is a complex and long-term task, as demonstrated by the experience that 50 percent of such states emerging from conditions of violent conflict slip back into violence within five years. (2) The United States Government recognizes the threat to United States national security posed by failed and failing states by adopting Directive 3000.05 for the Department of Defense that places stabilization and reconstruction operations on par with traditional war fighting and National Security Policy Directive 45 for the Department of State that makes the State Office of Coordinator for Reconstruction and Stabilization, S/CRS, the government-wide coordinating and planning entity for stabilization and reconstruction operations. (3) Therefore, it is in the best interests of the United States Government to assist the Lebanese Government with long- term reconstruction and stabilization to further peace and stability within Lebanon and the greater Middle East region. (4) United States assistance to Lebanon shall be implemented in accordance with section 102(b) of the Foreign Assistance Act of 1961 (22 U.S.C. 2151-1(b)) that makes building the capacity of local communities and institutional capabilities of the government and people a primary goal and ``should focus on establishing and upgrading the institutional capacities of developing countries in order to promote long- term development''. SEC. 4. AUTHORIZATION OF ASSISTANCE FOR THE RECONSTRUCTION AND STABILIZATION OF LEBANON. (a) Authorization of Assistance.--The President is authorized to provide assistance for the reconstruction and stabilization of Lebanon. Assistance authorized under this subsection shall be planned, coordinated, and implemented through the Department of State's Office of Coordinator for Reconstruction and Stabilization, S/CRS, and in strict compliance with all provisions of law that prevent United States assistance from being provided to foreign terrorists organizations. (b) Activities Supported.--Assistance provided under subsection (a) shall be used to carry out the following activities: (1) Rebuild the economic and social infrastructure of Lebanon, including roads, bridges, telecommunication systems, water treatment plants, schools, airports and hospitals. (2) Encourage the World Bank and International Monetary Fund to provide housing and economic assistance in the form of grants and micro-lending plans aimed at providing the Lebanese people with the means to resuscitate small businesses in Lebanon. (3) Establish peace, reconciliation and coexistence programs and conflict resolution programs within Lebanon and between Lebanon and Israel. (4) Encourage civic engagement, democratization, rule of law, and political party strengthening activities. (5) Support efforts to address post-traumatic stress disorders through funding counseling services to civilians. Special efforts should be made to provide funding to Lebanese nongovernmental organizations specializing in such efforts. (6) Improve education systems, with emphasis on improving cross-sectarian educational experiences of Lebanese youth. (7) Increase assistance under chapter 5 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2347 et seq.; relating to International Military Education and Training) for Lebanon. (8) Support demining and mine awareness campaigns in Lebanon. (c) Authorization of Appropriations.-- (1) In general.--There are authorized to be appropriated to the President to carry out this section such sums as may be necessary for each of the fiscal years 2007 through 2011. (2) Sense of congress.--It is the sense of Congress that at least $15,000,000 for each of the fiscal years 2007 through 2011 should be made available to carry out subsection (b)(4).

Lebanon Reconstruction and Stabilization Act of 2006 - Authorizes the President to provide assistance for Lebanon's reconstruction and stabilization. States that such assistance shall be implemented through the Department of State's Office of Coordinator for Reconstruction and Stabilization and in strict compliance with all provisions of law that prevent U.S. assistance from being provided to foreign terrorist organizations. Expresses the sense of Congress that at least $15 million for each of FY2007-FY2011 should be made available to encourage civic engagement, democratization, rule of law, and political party strengthening activities.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Portable Generator Safety Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) Portable generators are frequently used to provide electricity during temporary power outages. These generators use fuel-burning engines that emit carbon monoxide gas in their exhaust. (2) In the last several years, hundreds of people nationwide have been seriously injured or killed due to exposure to carbon monoxide poisoning from portable generators. From 1990 through 2003, 228 carbon monoxide poisoning deaths were reported to the Consumer Product Safety Commission. (3) Virtually all of the serious injuries and deaths due to carbon monoxide from portable generators were preventable. In many instances, consumers simply were unaware of the hazards posed by carbon monoxide. (4) Since at least 1997, a priority of the Consumer Product Safety Commission has been to reduce injuries and deaths resulting from carbon monoxide poisoning. Although the Commission has attempted to work with industry to devise voluntary standards for portable generators, and despite Commission staff statements that voluntary standards were ineffective, the Commission has not promulgated mandatory rules governing safety standards and labeling requirements. (5) The issuance of mandatory safety standards and labeling requirements to warn consumers of the dangers associated with portable generator carbon monoxide would reduce the risk of injury or death. SEC. 3. SAFETY STANDARD. Not later than 180 days after the enactment of this Act, the Consumer Product Safety Commission shall promulgate regulations, pursuant to section 7 of the Consumer Product Safety Act (15 U.S.C. 2056), requiring, at a minimum, that every portable generator sold to the public for purposes other than resale shall be equipped with an interlock safety device that detects the level of carbon monoxide in the areas surrounding such portable generator and automatically turns off power to the portable generator before the level of carbon monoxide is capable of causing serious bodily injury or death to people. SEC. 4. LABELING AND INSTRUCTION REQUIREMENTS. Not later than 180 days after the enactment of this Act, the Consumer Product Safety Commission shall promulgate regulations, pursuant to section 7 of the Consumer Product Safety Act (15 U.S.C. 2056), requiring, at a minimum, the following: (1) Warning labels.--Each portable generator sold to the public for purposes other than resale shall have a large, prominently displayed warning label on the exterior packaging, if any, of the portable generator and permanently affixed on the portable generator regarding the carbon monoxide hazard posed by incorrect use of the portable generator. The warning label shall include the word ``DANGER'' printed in a large font, and shall include the following information, at a minimum, presented in a clear manner: (A) Indoor use of a portable generator can kill quickly. (B) Portable generators should be used outdoors only and away from garages and open windows. (C) Portable generators produce carbon monoxide, a poisonous gas that people cannot see or smell. (2) Pictogram.--Each portable generator sold to the public for purposes other than resale shall have a large pictogram, affixed to the portable generator, which clearly states ``POISONOUS GAS'' and visually depicts the harmful effects of breathing carbon monoxide. (3) Instruction Manual.--The instruction manual, if any, that accompanies any portable generator sold to the public for purposes other than resale shall include detailed, clear, and conspicuous statements that include the following elements: (A) A warning that portable generators emit carbon monoxide, a poisonous gas that can kill people. (B) A warning that people cannot smell, see, or taste carbon monoxide. (C) An instruction to operate portable generators only outdoors and away from windows, garages, and air intakes. (D) An instruction to never operate portable generators inside homes, garages, sheds, or other semi- enclosed spaces, even if a person runs a fan or opens doors and windows. (E) A warning that if a person begins to feel sick, dizzy, or weak while using a portable generator, that person should shut off the portable generator, get to fresh air immediately, and consult a doctor. D23/

Portable Generator Safety Act - Instructs the Consumer Product Safety Commission to promulgate regulations requiring that every portable generator sold to the public for purposes other than resale be equipped with an interlock safety device that detects the level of carbon monoxide in the areas surrounding the generator and automatically turns off power to it before the level of carbon monoxide is capable of causing serious bodily injury or death to people. Requries such regulations also to require that every such portable generator: (1) prominently display a permanently affixed warning label regarding the carbon monoxide hazard posed by its incorrect use, including the word "DANGER" printed in a large font; and (2) have affixed to it a large pictogram which clearly states "POISONOUS GAS" and visually depicts the harmful effects of breathing carbon monoxide.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Lead Exposure Reduction Amendments Act of 2015''. SEC. 2. DEFINITIONS. Section 401 of the Toxic Substances Control Act (15 U.S.C. 2681) is amended-- (1) in paragraph (1)-- (A) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and indenting appropriately; (B) in the first sentence, by striking ``The term'' and inserting the following: ``(A) In general.--The term''; (C) by striking ``Such term includes--'' and inserting the following: ``(B) Inclusions.--The term `abatement' includes-- ''; and (D) by adding at the end the following: ``(C) Exclusions.--The term `abatement' does not include any renovation, remodeling, or other activity-- ``(i) the primary purpose of which is to repair, restore, or remodel target housing, public buildings constructed before 1978, or commercial buildings; and ``(ii) that incidentally results in a reduction or elimination of lead-based paint hazards.''; (2) by redesignating-- (A) paragraphs (4) through (12) as paragraphs (5) through (13); (B) paragraph (13) as paragraph (15); and (C) paragraphs (14) through (17) as paragraphs (18) through (21), respectively; (3) by inserting after paragraph (3) the following: ``(4) Emergency renovation.--The term `emergency renovation' means a renovation or remodeling activity that is carried out in response to an event-- ``(A) that is an act of God, as that term is defined in section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601); or ``(B) that if not attended to as soon as is practicable-- ``(i) presents a risk to the public health or safety; or ``(ii) threatens to cause significant damage to equipment or property.''; (4) by striking paragraph (10) (as redesignated by paragraph (2)) and inserting the following: ``(10) Lead-based paint.-- ``(A) In general.--The term `lead-based paint' means paint or other surface coatings that contain lead in excess of-- ``(i) 1.0 milligrams per centimeter squared; or ``(ii) 0.5 percent by weight. ``(B) Target housing.--With respect to paint or other surface coatings on target housing, the term `lead-based paint' means paint or other surface coatings that contain lead in excess of the lower of-- ``(i) the level described in subparagraph (A); or ``(ii) a level established by the Secretary of Housing and Urban Development under section 302(c) of the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4822(c)).''; (5) by inserting after paragraph (13) (as redesignated by paragraph (2)) the following: ``(14) Postabatement clearance testing.--The term `postabatement clearance testing' means testing that-- ``(A) is carried out upon the completion of any lead-based paint activity to ensure that-- ``(i) the reduction is complete; and ``(ii) no lead-based paint hazards remain in the area in which the lead-based paint activity occurs; and ``(B) includes a visual assessment and the collection and analysis of environmental samples from an area in which lead-based paint activities occur.''; and (6) by inserting after paragraph (15) (as redesignated by paragraph (2)) the following: ``(16) Renovation.--The term `renovation' has the meaning given such term in section 745.83 of title 40, Code of Federal Regulations (as in effect on the date of enactment of this paragraph). ``(17) Renovation and remodeling regulation.--The term `renovation and remodeling regulation' means a regulation promulgated under section 402(a) and revised pursuant to section 402(c)(3)(A), as the regulation is applied to renovation or remodeling activities in target housing, public buildings constructed before 1978, and commercial buildings.''. SEC. 3. LEAD-BASED PAINT ACTIVITIES TRAINING AND CERTIFICATION. Section 402(c) of the Toxic Substances Control Act (15 U.S.C. 2682(c)) is amended-- (1) by striking paragraph (2) and inserting the following: ``(2) Study of certification.-- ``(A) In general.--Not later than 1 year prior to proposing any renovation and remodeling regulation after the date of enactment of the Lead Exposure Reduction Amendments Act of 2015, the Administrator shall conduct, submit to Congress, and make available for public comment (after peer review) the results of a study of the extent to which persons engaged in various types of renovation and remodeling activities in target housing, public buildings constructed before 1978, or commercial buildings-- ``(i) are exposed to lead in the conduct of those activities; and ``(ii) disturb lead and create a lead-based paint hazard on a regular or occasional basis in the conduct of those activities. ``(B) Scope and coverage.--A study conducted under subparagraph (A) shall consider the risks described in clauses (i) and (ii) of that subparagraph with respect to each separate building type described in that subparagraph, as the regulation to be proposed would apply to each building type.''; (2) in paragraph (3)-- (A) in the first sentence by striking ``Within 4 years'' and inserting the following: ``(A) In general.--Not later than 4 years''; and (B) by adding at the end the following: ``(B) Exemption.--An emergency renovation shall be exempt from any renovation and remodeling regulation, and a person carrying out an emergency renovation shall be exempt from any regulation promulgated under section 406(b) with respect to the emergency renovation. ``(C) Prohibition on postabatement clearance requirement.--No renovation and remodeling regulation may require postabatement clearance testing.''; and (3) by adding at the end the following: ``(4) Target housing owners.-- ``(A) In general.--Not later than 60 days after the date of enactment of this paragraph, and subject to subparagraph (B), the Administrator shall promulgate regulations to permit an owner of a residential dwelling that is target housing, who resides in the residential dwelling, to authorize a contractor to forgo compliance with the requirements of a renovation and remodeling regulation with respect to the residential dwelling. ``(B) Written certification.--The regulations promulgated under subparagraph (A) shall require that an owner of a residential dwelling that is target housing, who resides in the residential dwelling, may only authorize a contractor to forgo compliance with the requirements of a renovation and remodeling regulation if the owner submits to the contractor a written certification stating that-- ``(i) the renovation or remodeling project is to be carried out at the residential dwelling in which the owner resides; ``(ii) no pregnant woman or child under the age of 6 resides in the residential dwelling as of the date on which the renovation or remodeling project commences, or will reside in the residential dwelling for the duration of the project; and ``(iii) the owner acknowledges that, in carrying out the project, the contractor will be exempt from the requirements of a renovation and remodeling regulation. ``(C) Restriction.--A contractor may not forgo compliance with the requirements of a renovation and remodeling regulation pursuant to a written certification submitted under subparagraph (B) if the contractor has actual knowledge of a pregnant woman or child under the age of 6 residing in the residential dwelling as of the date on which the renovation or remodeling commences (and for the duration of the project). ``(D) Limitation of contractor liability.--The Administrator may not hold a contractor responsible for a misrepresentation made by the owner of a residential dwelling in a written certification submitted under subparagraph (B), unless the contractor has actual knowledge of a misrepresentation. ``(5) Test kits.-- ``(A) Definitions.--In this paragraph: ``(i) Post-1960 building renovation and remodeling regulation.--The term `post-1960 building renovation and remodeling regulation' means a renovation and remodeling regulation, as the regulation applies to-- ``(I) target housing constructed after January 1, 1960; ``(II) public buildings constructed between January 1, 1960 and January 1, 1978; and ``(III) commercial buildings constructed after January 1, 1960. ``(ii) Qualifying test kit.--The term `qualifying test kit' means a chemical test that-- ``(I) can determine the presence of lead-based paint, as defined in section 401(10)(A); ``(II) has a false positive response rate of 10 percent or less; ``(III) has a false negative response rate of 5 percent or less; ``(IV) does not require the use of off-site laboratory analysis to obtain results; ``(V) is inexpensively and commercially available; and ``(VI) does not require special training to use. ``(B) Recognition of qualifying test kit.-- ``(i) Recognition.--The Administrator shall recognize for use under this title a qualifying test kit, and publish in the Federal Register notice of the recognition. ``(ii) Suspension of enforcement of certain regulations.--If, not later than 1 year after the date of enactment of this paragraph, the Administrator does not recognize a qualifying test kit under clause (i), the Administrator-- ``(I) shall publish in the Federal Register notice of the failure to recognize a qualifying test kit; and ``(II) except as provided in clause (iii), may not enforce any post-1960 building renovation and remodeling regulation, with respect to a period beginning on the date that is 1 year after the date of enactment of this paragraph and ending on the date that is 6 months after the date on which the Administrator-- ``(aa) recognizes for use under this title a qualifying test kit; and ``(bb) publishes in the Federal Register notice of the recognition and of the date on which enforcement of the post- 1960 building renovation and remodeling regulations will resume. ``(iii) Applicability of suspension.--The Administrator shall not suspend enforcement of any post-1960 building renovation and remodeling regulation for the period described in clause (ii)(II) with respect to a residential dwelling in which a pregnant woman or child under the age of 6 resides. ``(6) Applicability of certain penalties.--Any renovation and remodeling regulation requiring the submission of documentation to the Administrator shall provide-- ``(A) an exemption from an applicable penalty for failure to comply with the requirement for a person who-- ``(i) is submitting the required documentation for the first time; and ``(ii) submits documentation that contains only de minimus or typographical errors, as determined by the Administrator; and ``(B) a process by which a person described in subparagraph (A) may resubmit the required documentation. ``(7) Accreditation of recertification courses.--The hands- on training requirements required under subsection (a)(2)(D) shall not apply to any recertification course accredited by the Environmental Protection Agency that is otherwise required to be completed under this title by a person that is certified to engage in renovation and remodeling activities.''.

Lead Exposure Reduction Amendments Act of 2015 This bill amends the Toxic Substances Control Act (TSCA) to exclude from the definition of "abatement" any activity: (1) the primary purpose of which is to repair, restore, or remodel target housing, public buildings constructed before 1978, or commercial buildings; and (2) that incidentally results in a reduction or elimination of lead-based paint hazards. The Environmental Protection Agency (EPA), no later than one year prior to proposing any renovation and remodeling regulation, must study the extent to which persons engaged in such activities: (1) are exposed to lead, and (2) disturb lead and create a lead-based paint hazard. Exempted from such a regulation is an emergency renovation carried out in response to an event that is an act of God as defined by the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, that presents a risk to the public health or safety, or that threatens to cause significant damage to equipment or property if not attended to immediately. A regulation may not require post-abatement clearance testing. The EPA must promulgate regulations to permit a resident owner of a dwelling that is target housing to authorize a contractor to forego compliance with such a regulation if the owner certifies that: (1) the renovation or remodeling project is to be carried out at such dwelling, (2) no pregnant woman or child under the age of six resides or will reside in such housing, and (3) the owner acknowledges that the contractor will be exempt from the requirements of such regulation. The EPA may not hold a contractor responsible for a misrepresentation made by the owner of such dwelling unless the contractor has actual knowledge of such a misrepresentation. The EPA must: (1) recognize a qualifying test kit for use under TSCA, and (2) suspend enforcement of any regulation relating to renovation and remodeling of target housing and commercial buildings constructed after January 1, 1960, and public buildings constructed between January 1, 1960, and January 1, 1978, until a specified period after the EPA recognizes such a test kit.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Public Safety Officers Memorial Scholarship Act''. SEC. 2. SCHOLARSHIPS AUTHORIZED. (a) In General.-- (1) Scholarship awards.--The Secretary is authorized to award a scholarship to-- (A) any eligible applicant who is attending, or who has been accepted for attendance at, any eligible institution providing instruction for one or more of grades kindergarten through 12; or (B) any eligible applicant who is enrolled, or has been accepted for enrollment, in an eligible institution as a full-time or part-time postsecondary level student. (2) Application.--To receive a scholarship award under this Act, each eligible applicant shall submit an application to the Secretary in such time and manner as may be determined appropriate by the Secretary, accompanied by a certification from the head of the agency that employed the public safety officer to whom the applicant was married (in the case of a surviving spouse), or with whom the applicant was living or from whom the applicant was receiving support contributions (in the case of a dependent child), stating that such officer died as a result of the performance of the officer's official duties. (b) Maximum Award.-- (1) Elementary and secondary awards.--For any academic year, the maximum amount of a scholarship award under this section for a kindergarten or elementary or secondary school student may equal, but not exceed, the lesser of the following: (A) The average per pupil expenditure for elementary and secondary education of the local educational agency for the geographic area in which the eligible applicant resides. (B) The actual cost to the student for attendance at the school, including expenses such as tuition, fees, books, transportation costs, and other related expenses determined by the Secretary. (2) Postsecondary awards.--For any academic year, the maximum amount of a scholarship award under this section for a postsecondary student may equal, but not exceed, the lesser of the following: (A) The average cost of attendance (as defined in section 472 of the Higher Education Act of 1965), at a State university in the State in which the student resides, for a State resident carrying the same academic workload as the student, with the same number of dependents as the student, and residing in the same type of housing as the student. (B) The actual cost of attendance (as defined in section 472 of the Higher Education Act of 1965) of such student. (c) Award Period.--The duration of each award under this Act-- (1) for a kindergarten or elementary or secondary school student, shall be the period of time normally required for the completion of a high school diploma by a student in the grade that the recipient is in at the time the award commences; and (2) for a postsecondary student, shall be the lesser of-- (A) the time actually required by the student to complete a course of study and obtain a diploma; and (B) 6 years in the case of a student engaged in undergraduate studies and 3 years in the case of a student engaged in postgraduate studies. (d) Notification.--The Secretary shall notify the recipient and the eligible institution of the applicant's selection for receipt of an award under this Act, the conditions pertaining to award eligibility and continuance. (e) Fiscal Agent.--The Secretary shall, if practicable, use the eligible institution as fiscal agent for payment of an award. SEC. 3. ADDITIONAL AWARD REQUIREMENTS. A student awarded a scholarship grant under this Act, as a condition for initial receipt of such award and periodically thereafter as a condition for its continuation, shall demonstrate to the satisfaction of the Secretary that the student is-- (1) maintaining satisfactory progress in the course of study the student is pursuing-- (A) in the case of a kindergarten or elementary or secondary school student, as determined by the Secretary; and (B) in the case of a postsecondary student, consistent with section 484(c) of the Higher Education Act of 1965; (2) committed to remaining drug-free; and (3) attending class on a regular basis as to not interfere with normal course of studies except for excused absence for vacation, illness, military service and such other periods deemed good cause by the eligible institution or the Secretary. SEC. 4. AGREEMENTS WITH ELIGIBLE INSTITUTIONS. For the purposes of this Act, the Secretary is authorized to enter into agreements with eligible institutions in which any student receiving a scholarship award under this Act has enrolled or has been accepted for enrollment. Each such agreement shall-- (1) provide that an eligible institution will cooperate with the Secretary in carrying out the provisions of this Act, including the provision of information necessary for a student to satisfy the requirements in section 3; (2) provide that the institution will conduct a periodic review to determine whether students enrolled and receiving scholarship awards continue to be entitled to payments under this Act and will notify the Secretary of the results of such reviews; and (3) provide for control and accounting procedures as may be necessary to assure proper disbursements and accounting of funds paid under to the institution under section 2(e). SEC. 5. DEFINITIONS. In this Act: (1) Dependent child.--The term ``dependent child'' means a child who is either living with or receiving regular support contributions from a public safety officer at the time of the officer's death, including a stepchild or an adopted child. (2) Eligible applicant.--The term ``eligible applicant'' means a person residing in a State who is-- (A) a surviving spouse; or (B) a dependent child. (3) Eligible institution.--The term ``eligible institution'' means a public or private kindergarten or elementary or secondary school, or any institution defined in section 435(a) of the Higher Education Act of 1965, if the kindergarten, school, or institution-- (A) is located in a State; and (B) complies with the antidiscrimination provisions of section 601 of the Civil Rights Act of 1964 and does not discriminate on the basis of race. (4) Public safety officer.--The term ``public safety officer'' means a person serving a public agency of a State or of a unit of general local government, with or without compensation, as-- (A) a law enforcement officer, including a corrections or a court officer engaged in-- (i) apprehending or attempting to apprehend of any person-- (I) for the commission of a criminal act; or (II) who at the time was sought as a material witness in a criminal proceeding; or (ii) protecting or guarding a person held for the commission of a criminal act, or held as a material witness in connection with a criminal act; or (iii) lawfully preventing of, or lawfully attempting to prevent the commission of, a criminal act or an apparent criminal act in the performance of his official duty; or (B) a firefighter. (5) Secretary.--The term ``Secretary'' means the Secretary of Education. (6) State.--The term ``State'' means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession of the United States. (7) Surviving spouse.--The term ``surviving spouse'' means the legally married husband or wife of a public safety officer at the time of the officer's death. (8) Unit of general local government.--The term ``unit of general local government'' means any city, county, township, town, borough, parish, village, or any other general purpose subdivision of a State, or any Indian tribe which the Secretary of the Interior determines performs law enforcement functions.

Public Safety Officers Memorial Scholarship Act - Authorizes the Secretary of Education to award scholarships to surviving spouses and dependent children of State or local public safety officers who are killed in performance of their official duties. Provides that such scholarships may be for public or private kindergarten, or elementary or secondary school, or for an institution of higher education.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Positive Train Control Enforcement and Implementation Act of 2015''. SEC. 2. ENSURING SAFE IMPLEMENTATION OF POSITIVE TRAIN CONTROL ON POISONOUS OR TOXIC-BY-INHALATION AND PASSENGER RAIL LINES. Section 20157 of title 49, United States Code, is amended-- (1) in subsection (a)(1)-- (A) by striking ``18 months after the date of enactment of the Rail Safety Improvement Act of 2008'' and inserting ``60 days after the date of enactment of the Positive Train Control Enforcement and Implementation Act of 2015''; (B) by striking ``develop'' and inserting ``revise''; (C) by striking ``December 31, 2015'' and inserting ``December 31, 2018, or the deadline determined appropriate by the Secretary pursuant to paragraph (2)''; and (D) in subparagraph (B) by striking ``parts'' and inserting ``sections''; (2) by striking subsection (a)(2) and inserting the following: ``(2) Authority to extend deadline.-- ``(A) The Secretary may extend the deadline described in paragraph (1) of this subsection, applicable to each carrier or entity required to submit a plan under paragraph (1), for a period not to exceed 12 months if such a carrier or entity demonstrates to the satisfaction of the Secretary that such carrier or entity-- ``(i) will not be able to implement a positive train control system by the deadline described in paragraph (1) due to technical, programmatic, or operational challenges, such as availability of public funding, spectrum, technology, and interoperability standards; ``(ii) has taken actions to address such challenges and mitigate risks to successful implementation of a positive train control system; and ``(iii) has made good faith efforts to implement the plan described in paragraph (1). ``(B)(i) The Secretary may grant an additional one- time extension of the deadline described in paragraph (1), applicable to each carrier or entity required to submit a plan under paragraph (1), not to exceed 12 months, if such a carrier or entity, or a group thereof, is not able to fully implement a positive train control system on or before the date that is the last day of the extension granted under subparagraph (A), and such carrier or entity-- ``(I) demonstrates to the satisfaction of the Secretary that implementing a positive train control system was delayed due to 1 or more circumstances beyond the control of the carrier or entity, such as a delay in Federal approval of a plan, testing, or certification; or ``(II) demonstrates to the satisfaction of the Secretary-- ``(aa) that such carrier or entity will not be able to implement a positive train control system by the deadline described in paragraph (1) due to technical, programmatic, or operational challenges; ``(bb) due diligence in its efforts to fully implement a positive train control system; and ``(cc) that substantial progress has been made in deploying positive train control, to the extent feasible. ``(ii) A demonstrating carrier or entity under clause (i) must certify to the Secretary in writing that such carrier or entity will be in full compliance with the requirements of this section on or before the date that is the last date of the extension granted under clause (i). ``(3) Implementation.-- ``(A) The revised plan shall-- ``(i) describe how the railroad carrier or entity will provide for interoperability of the system with movements of trains of other railroad carriers or entities over its lines; ``(ii) to the extent practical, provide for implementation of the system in a manner that addresses areas of greater risk before areas of lesser risk; ``(iii) comply with this section and subpart I of part 236 of title 49, Code of Federal Regulations; and ``(iv) include a detailed schedule and sequence for fully implementing a positive train control system in accordance with this section and such regulations. ``(B) The railroad carrier shall implement a positive train control system in accordance with such plan.''; (3) by striking subsections (c) and (d) and inserting the following: ``(c) Progress Reports.--Not later than January 1, 2017, and annually thereafter until full implementation of positive train control systems has been completed, each railroad carrier or entity required to revise and transmit a plan under subsection (a) shall submit to the Secretary a report on the progress of such carrier or entity toward implementing positive train control systems. ``(d) Reports.-- ``(1) Congressional notification.--Not later than April 1, 2018, the Secretary shall transmit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the progress of the railroad carriers in implementing positive train control systems. ``(2) Public availability.--The Secretary shall make available to the public on the Department of Transportation's Internet Web site each progress report submitted pursuant to paragraph (1) and subsection (c).''; and (4) in subsection (h)-- (A) by striking ``The Secretary'' and inserting the following: ``(1) In general.--The Secretary''; and (B) by adding at the end the following: ``(2) Provisional operation.--In lieu of the requirements of paragraph (1), the Secretary may authorize a railroad carrier or other entity to commence operation in revenue service of a positive train control system or component to the extent necessary to enable the safe implementation of positive train control systems in phases.''.

Positive Train Control Enforcement and Implementation Act of 2015 This bill extends deadlines and modifies requirements for railroad carriers and providers of intercity or commuter rail passenger transportation to implement positive train control (PTC) systems. (A PTC system is a communications and signaling system designed to prevent train-to-train collisions, over-speed derailments, incursions into established work zone limits, and the movement of a train through a switch left in the wrong position. Railroads which carry passengers or have high-volume freight traffic with certain hazardous materials are required to implement a PTC system.) Within 60 days of enactment of this bill, each Class I railroad carrier (the largest operators by revenue) and provider of intercity or commuter rail passenger transportation must submit to the Department of Transportation (DOT) a plan for implementing PTC by December 31, 2018, instead of the December 31, 2015, deadline required under current law. DOT may extend the deadline if specified requirements are met. The revised plan must include a detailed schedule and sequence for fully implementing PTC in a manner that complies with specified regulations, and railroads must implement PTC in accordance with the plan. DOT may authorize a railroad carrier or other entity to begin the provisional operation of a PTC system without the required certification if it is necessary to enable the safe implementation of PTC in phases.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Milk Regulatory Equity Act of 2005''. SEC. 2. MILK REGULATORY EQUITY. (a) Minimum Milk Prices for Handlers; Exemption.--Section 8c(5) of the Agricultural Adjustment Act (7 U.S.C. 608c(5)), reenacted with amendments by the Agricultural Marketing Agreement Act of 1937, is amended by adding at the end the following new subparagraphs: ``(M) Minimum Milk Prices for Handlers.-- ``(i) Application of minimum price requirements.-- Notwithstanding any other provision of this section, a milk handler described in clause (ii) shall be subject to all of the minimum and uniform price requirements of a Federal milk marketing order issued pursuant to this section applicable to the county in which the plant of the handler is located, at Federal order class prices, if the handler has packaged fluid milk product route dispositions, or sales of packaged fluid milk products to other plants, in a marketing area located in a State that requires handlers to pay minimum prices for raw milk purchases. ``(ii) Covered milk handlers.--Except as provided in clause (iv), clause (i) applies to a handler of Class I milk products (including a producer-handler or producer operating as a handler) that-- ``(I) operates a plant that is located within the boundaries of a Federal order milk marketing area (as those boundaries are in effect as of the date of the enactment of this subparagraph); ``(II) has packaged fluid milk product route dispositions, or sales of packaged fluid milk products to other plants, in a milk marketing area located in a State that requires handlers to pay minimum prices for raw milk purchases; and ``(III) is not otherwise obligated by a Federal milk marketing order, or a regulated milk pricing plan operated by a State, to pay minimum class prices for the raw milk that is used for such dispositions or sales. ``(iii) Obligation to pay minimum class prices.--For purposes of clause (ii)(III), the Secretary may not consider a handler of Class I milk products to be obligated by a Federal milk marketing order to pay minimum class prices for raw milk unless the handler operates the plant as a fully regulated fluid milk distributing plant under a Federal milk marketing order. ``(iv) Certain handlers exempted.--Clause (i) does not apply to-- ``(I) a handler (otherwise described in clause (ii)) that operates a nonpool plant (as defined in section 1000.8(e) of title 7, Code of Federal Regulations, as in effect on the date of the enactment of this subparagraph); ``(II) a producer-handler (otherwise described in clause (ii)) for any month during which the producer- handler has route dispositions, and sales to other plants, of packaged fluid milk products equaling less than 3,000,000 pounds of milk; or ``(III) a handler (otherwise described in clause (ii)) for any month during which-- ``(aa) less than 25 percent of the total quantity of fluid milk products physically received at the plant of the handler (excluding concentrated milk received from another plant by agreement for other than Class I use) is disposed of as route disposition or is transferred in the form of packaged fluid milk products to other plants; or ``(bb) less than 25 percent in aggregate of the route disposition or transfers are in a marketing area or areas located in one or more States that require handlers to pay minimum prices for raw milk purchases. ``(N) Exemption for Certain Milk Handlers.--Notwithstanding any other provision of this section, no handler with distribution of Class I milk products in the marketing area described in Order No. 131 shall be exempt during any month from any minimum price requirement established by the Secretary under this subsection if the total distribution of Class I products during the preceding month of any such handler's own farm production exceeds 3,000,000 pounds.''. (b) Exclusion of Nevada From Federal Milk Marketing Orders.-- Section 8c(11) of the Agriculture Adjustment Act (7 U.S.C. 608c(11)), reenacted with amendments by the Agriculture Marketing Agreement Act of 1937, is amended-- (1) in subparagraph (C), by striking the last sentence; and (2) by adding at the end the following new subparagraph: ``(D) In the case of milk and its products, no county or other political subdivision of the State of Nevada shall be within the marketing area definition of any order issued under this section.''. (c) Records and Facility Requirements.--Notwithstanding any other provision of this section, or the amendments made by this section, a milk handler (including a producer-handler or a producer operating as a handler) that is subject to regulation under this section or an amendment made by this section shall comply with the requirements of section 1000.27 of title 7, Code of Federal Regulations, or a successor regulation, relating to handler responsibility for records or facilities. (d) Effective Date and Implementation.--The amendments made by this section take effect on the first day of the first month beginning more than 15 days after the date of the enactment of this Act. To accomplish the expedited implementation of these amendments, effective on the date of the enactment of this Act, the Secretary of Agriculture shall include in the pool distributing plant provisions of each Federal milk marketing order issued under subparagraph (B) of section 8c(5) of the Agriculture Adjustment Act (7 U.S.C. 608c(5)), reenacted with amendments by the Agriculture Marketing Agreement Act of 1937, a provision that a handler described in subparagraph (M) of such section, as added by subsection (a) of this section, will be fully regulated by the order in which the handler's distributing plant is located. These amendments shall not be subject to a referendum under section 8c(19) of such Act (7 U.S.C. 608c(19)).

Milk Regulatory Equity Act of 2005 - Amends the the Agricultural Adjustment Act, reenacted with amendments by the Agricultural Marketing Agreement Act of 1937, to subject specified Class I milk handlers (including producer-handlers) to federal milk marketing order minimum and uniform price requirements applicable to the county in which the plant of the handler is located, at federal order class prices, if the handler has packaged fluid milk product route dispositions, or sales of packaged fluid milk products to other plants, in a marketing area located in a state that requires handlers to pay minimum prices for raw milk purchases. Exempts from such provision: (1) a handler operating a nonpool plant; (2) a producer-handler for any month during which packaged fluid milk route dispositions and sales to other plants are less than three million pounds of milk; or (3) specified handlers whose fluid milk products are disposed of as route dispositions or transfers, or whose dispositions or transfers are in states requiring minimum prices for raw milk purchases. Subjects a Class I milk handler in the Arizona-Las Vegas marketing area (Order 131) to minimum milk price requirements for any month in which the handler distributes in such area at least three million pounds of Class I products from his or her own production. Excludes Nevada from federal milk marketing orders.

SECTION 1. ELECTRONIC BENEFIT TRANSFERS. (a) In General.--Section 7(h) of the Food and Nutrition Act of 2008 (7 U.S.C. 2016(h)) is amended-- (1) in paragraph (1)-- (A) by redesignating subparagraphs (A) through (D) as subparagraphs (B) through (E), respectively; (B) by inserting before subparagraph (B) (as so redesignated) the following: ``(A) Definitions.--In this subsection: ``(i) Community-supported agriculture program.--The term `community-supported agriculture program' or `CSA' means a farm business or a group of agricultural producers that form a partnership with consumers through which consumers buy a subscription for farm products in advance and the farm business or group of agricultural producers commits to supplying and delivering the products to a common distribution point or directly to the consumers. ``(ii) Farmers market.--The term `farmers market' means a regularly scheduled assembly of 2 or more agricultural producers for the direct sale of locally grown fresh fruits and vegetables and other staple foods to consumers. ``(iii) Farm stand; roadside stand.-- ``(I) In general.--The terms `farm stand' and `roadside stand' mean a retail outlet for the direct sale of locally grown fresh fruits and vegetables and other staple foods in rural or urban areas. ``(II) Inclusion.--The terms `farm stand' and `roadside stand' may include a single stall in a farmers market. ``(iv) Green cart.--The term `green cart' means a mobile retail food vendor who sells fresh fruits and vegetables on a regular basis from an unmotorized cart. ``(v) Route vendor.-- ``(I) In general.--The term `route vendor' means a mobile retail food vendor who sells unprepared food from a vehicle directly to consumers along a scheduled route or by arranged delivery. ``(II) Inclusion.--The term `route vendor' includes vendors who provide food services in disaster or other emergency situations. ``(vi) Wireless retailer.--The term `wireless retailer' includes-- ``(I) a farmers market; ``(II) a farm stand; ``(III) a green cart; ``(IV) a route vendor; ``(V) an entity operating a community-supported agriculture program; and ``(VI) an individual farmer affiliated with an entity described in subclauses (I) through (V).''; (C) in subparagraph (C) (as so redesignated) by striking ``subparagraph (A)'' and inserting ``subparagraph (B)''; (D) in clause (i) of subparagraph (E) (as so redesignated), by inserting ``, including wireless technology'' before the semicolon at the end; and (E) by adding at the end the following: ``(F) State flexibility for wireless ebt systems.-- Subject to paragraph (2), a State agency may-- ``(i) procure and implement any wireless electronic benefit transfer system that the State agency considers to be appropriate and that meets all industry security standards; and ``(ii) use appropriate wireless technology available to the State agency in implementing the wireless electronic benefit transfer system, including smart phone technology and other technologies, so long as the technologies meet all industry security standards.''; (2) in paragraph (2)-- (A) in subparagraph (G), by striking ``and'' at the end; (B) in subparagraph (H), by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following: ``(I) a requirement that, for purposes of program participation, State agencies and the Food and Nutrition Service treat wireless retailers in the same manner as retail food stores that use wired electronic benefit transfer equipment by providing the retail food stores with wireless electronic benefit transfer equipment that ensures immediate benefit account verification; ``(J) a system for wireless retail food stores to receive funds in an amount not exceeding the cost of a wireless point-of-sale terminal if alternative wireless technology is used; and ``(K) the potential for entering into a contract or memoranda of understanding with a statewide nonprofit organization, such as a statewide farmers market association, to assist the State agency by providing outreach, training, and administration in wireless electronic benefit transfer equipment deployment at multiple-vendor farmers markets, particularly in cases in which scrip (such as farmers market tokens) is used to simplify program participation by agricultural producers and vendors.''; (3) in paragraph (3)(B)-- (A) in clause (i), by striking ``and'' at the end; (B) in clause (ii), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(iii) in the case of wireless retailers, wireless electronic benefit and wireless EBT connection services are available.''; (4) in paragraph (5), by inserting before the period at the end ``, including wireless electronic benefit systems that enable all wireless retailers to provide for improved access to nutritious foods in areas lacking such access, and in disaster- recovery situations''; (5) by redesignating the second paragraph (12) (relating to interchange fees) as paragraph (13); and (6) by adding at the end the following: ``(14) Non-ebt transactions.--Wireless EBT equipment provided to an authorized retailer may be used for non-EBT transactions (such as credit and debit card transactions) only if the retailer bears all costs associated with those non-EBT transactions.''. (b) Conforming Amendments.--Section 16(a) of the Food and Nutrition Act of 2008 (7 U.S.C. 2025(a)) is amended-- (1) in paragraph (2), by inserting ``, including wireless access fees'' after ``the State''; (2) in paragraph (7), by striking ``and'' at the end; and (3) by striking ``: Provided, That the'' and inserting ``, and (9) outreach and training for farmers markets and other vendors defined in section 7(h)(1)(A) in wireless electronic benefit transfer equipment deployment and operations, particularly in cases in which scrip (such as farmers market tokens) is used to facilitate and simplify program participation by agricultural producers and vendors. The''.

Amends the Food and Nutrition Act of 2008 (formerly known as the Food Stamp Act of 1977) to require state electronic benefit transfer contracts to treat wireless program retail food stores in the same manner as wired program retail food stores for purposes of supplemental nutrition assistance (SNAP, formerly food stamp) benefits. Defines "wireless retailer" to include: (1) a farmers market, (2) a farm stand, (3) a green cart, (4) a route vendor, (5) an entity operating a community-supported agriculture program, and (6) an individual farmer affiliated with such entities.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Negotiated Rate Amendments of 1993''. SEC. 2. PROCEDURE FOR RESOLVING DISPUTES. (a) General Rule.--For purposes of section 10701 of title 49, United States Code, it shall be an unreasonable practice for a nonhousehold goods motor carrier, a nonhousehold goods freight forwarder, or a person representing such a carrier or freight forwarder (hereinafter in this section referred to as a ``representative'') to attempt to charge or to charge for a transportation service the difference between-- (1) the rate that is lawfully in effect pursuant to a tariff that is filed in accordance with chapter 107 of such title by the carrier or freight forwarder and that is applicable to such transportation service, and (2) the negotiated rate for such transportation service, if the carrier or freight forwarder is no longer transporting property between places describe in section 10521(a)(1) of such title or is transporting property between places described in such section for the purpose of avoiding the application of this subsection. (b) Jurisdiction of the Commission.--The Commission shall have exclusive jurisdiction to make a determination of whether or not the attempting to charge or the charging of a person for a transportation service a rate by a carrier, freight forwarder, or a representative is an unreasonable practice under subsection (a). In making such a determination, the Commission shall consider-- (1) whether such person was offered a transportation rate by the carrier or freight forwarder other than that legally on file with the Commission for such transportation service, (2) whether such person tendered freight to the carrier or freight forwarder in reasonable reliance upon the offered transportation rate, (3) whether the carrier or freight forwarder did not properly or timely file with the Commission a tariff providing for such transportation rate or failed to execute a valid contract for such transportation service, (4) whether the transportation rate was billed and collected by the carrier or freight forwarder, and (5) whether the carrier, freight forwarder, or representative demands additional payment of a higher rate filed in a tariff. (c) Stay of Additional Compensation.--When a person proceeds under this section to challenge the reasonableness of the practice of, or the legally applicable freight rate or charges being claimed by, a carrier, freight forwarder, or representative described in subsection (a) in addition to those already billed and collected, such person shall not have to pay any additional compensation to such carrier, freight forwarder, or representative until the Commission has made a determination as to the reasonableness of the challenged rate as applied to the freight of the person against whom the claim is made. (d) Treatment of Subsection (a).--Subsection (a) is enacted as an exception, and shall be treated as an exception, to the requirement of sections 10761(a) and 10762 of title 49, United States Code, relating to a filed tariff rate for a transportation or service subject to the jurisdiction of the Commission and other general tariff requirements. (e) Definitions.--For purposes of this section: (1) Commission, household goods, and household goods freight forwarder.--The terms ``Commission'', ``household goods'', and ``household goods freight forwarder'' have the meaning such terms have under section 10102 of title 49, United States Code. (2) Nonhousehold goods freight forwarder.--The term ``nonhousehold goods freight forwarder'' means a freight forwarder as defined in section 10102 of title 49, United States Code, except that such term does not include a household goods freight forwarder. (3) Nonhousehold goods motor carrier.--The term ``nonhousehold goods motor carrier'' means a motor carrier as defined under section 10102 of title 49, United States Code of property (other than household goods). (4) Negotiated rate.--The term ``negotiated rate'' means a rate, charge, classification, or rule agreed upon by a nonhousehold goods motor carrier or nonhousehold goods freight forwarder and a shipper through negotiations pursuant to which no tariff was lawfully and timely filed with the Commission and for which there is written evidence of such agreement. SEC. 3. STATUTE OF LIMITATIONS. (a) Motor Carrier Charges.--Section 11706(a) of title 49, United States Code, is amended by striking the period at the end and inserting the following: ``; except that a common carrier providing transportation or service subject to the jurisdiction of the Commission under chapter 105 of this title-- ``(1) must begin, within 24 months after the claim accrues, a civil action to recover charges for such transportation or service if such transportation or service is provided by the carrier on or after the date of the enactment of this exception and before the date that is one year after such date of enactment; and ``(2) must begin, within 18 months after the claim accrues, such a civil action if such transportation or service is provided by the carrier on or after the date that is one year after such date of enactment.''. (b) Motor Carrier Overcharges.--Section 11706(b) of title 49, United States Code, is amended by striking the period at the end of the first sentence and inserting the following: ``except that a person must begin, within 24 months after the claim accrues, a civil action to recover overcharges from a carrier subject to the jurisdiction of the Commission under subchapter II of chapter 105 of this title for transportation or service if such transportation or service takes place on or after the date of the enactment of this exception and before the date that is one year after such date of enactment, and a person must begin, within 18 months after the claim accrues, such a civil action for transportation or service taking place on or after the date that is one year following such date of enactment.''. (c) Conforming Amendment.--Section 11706(d) of title 49, United States Code, is amended by striking ``3-year period'' each place it appears and inserting ``limitations period''. SEC. 4. TARIFF RECONCILIATION RULES FOR MOTOR CARRIERS OF PROPERTY. (a) In General.--Chapter 117 of title 49, United States Code, is amended by adding at the end the following new section: ``Sec. 11712. Tariff reconciliation rules for motor common carriers of property ``(a) Mutual Consent.--Subject to Commission review and approval, motor carriers subject to the jurisdiction of the Commission under subchapter II of chapter 105 of this title and shippers may resolve, by mutual consent, overcharge and undercharge claims resulting from incorrect tariff provisions or billing errors arising from the inadvertent failure to properly and timely file and maintain agreed upon rates, rules, or classifications in compliance with sections 10761 and 10762 of this title. Resolution of such claims among the parties shall not subject any party to the penalties of chapter 119 of this title. ``(b) Limitation on Statutory Construction.--Nothing in this section shall relieve the motor carrier of the duty to file and adhere to its rates, rules, and classifications as required in sections 10761 and 10762, except as provided in subsection (a) of this section. ``(c) Rulemaking Proceeding.--Not later than 90 days after the date of the enactment of this section, the Commission shall institute a proceeding to establish rules pursuant to which the tariff requirements of sections 10761 and 10762 of this title shall not apply under circumstances described in subsection (a) of this section.''. (b) Conforming Amendment.--The analysis for chapter 117 of title 49, United States Code, is amended by adding at the end the following: ``11712. Tariff reconciliation rules for motor common carriers of property.''. SEC. 5. CUSTOMER ACCOUNT CODES. Section 10762 of title 49, United States Code, is amended by adding at the end the following new subsection: ``(e) Customer Account Codes.--No tariff filed with the Commission before, on, or after the date of the enactment of this subsection may be held invalid solely on the basis that a numerical or alpha account code is used in such tariff to designate customers or to describe the applicability of rates. For transportation performed on and after the 90th day following such date of enactment, the name of the customer for each account code must be set forth in the tariff.''. SEC. 6. EFFECTIVE DATE. (a) General Rule.--Except as provided in subsection (b), this Act (including the amendments made by this Act) shall take effect on the date of the enactment of this Act. (b) Exception.--Section 2 shall apply to-- (1) any proceeding before the Interstate Commerce Commission, and (2) any court action, which is pending or commenced on or after the date of the enactment of this Act.

Negotiated Rate Amendments of 1993 - Makes it an unreasonable practice for a nonhousehold goods motor carrier, a nonhousehold goods freight forwarder, or a person representing one or the other to attempt to charge or to charge for a transportation service the difference between the lawfully filed tariff rate and the negotiated rate for such transportation, if the carrier or freight forwarder is no longer transporting property or is transporting property for the purpose of avoiding application of this Act. Grants the Interstate Commerce Commission (ICC) exclusive jurisdiction to make determinations with respect to unreasonableness. Shortens the statute of limitations for the filing of claims by: (1) a motor common carrier for recovery of transportation or service charges; and (2) a person to recover overcharges by a motor carrier. Decreases the limitation period for both kinds of claims from 36 months to: (1) 24 months for claim accruals during the year following enactment on this Act; and (2) 18 months for claim accruals on or after one year following enactment. Permits motor carriers and shippers to resolve by mutual consent, subject to Commission review and approval, any overcharge and undercharge claims resulting from billing errors or incorrect tariff provisions arising from the inadvertent failure to properly and timely file and maintain agreed upon rates, rules, or classifications. Prohibits any tariff filed with the ICC from being held invalid solely on the basis that it uses a numerical or alpha account code to designate customers or describe the applicability of rates.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Keep Our Educators Working Act of 2010''. SEC. 2. RETAINING EDUCATORS. (a) Education Jobs Fund.--There is appropriated, for fiscal year 2010, for necessary expenses for an Education Jobs Fund, $23,000,000,000. Such amount shall be appropriated, out of any money in the Treasury not otherwise appropriated, for the Department of Education. The amount shall remain available for obligation by the Department through the date that is 180 days after the date of enactment of this Act. The amount shall be administered by the Secretary of Education under the terms and conditions of titles XIV and XV of division A of the American Recovery and Reinvestment Act of 2009 (Public Law 111-5), subject to the provisions of subsection (b). (b) Special Rules.-- (1) Allotments to states and outlying areas.--The funds appropriated under this Act shall be available only for allocations by the Secretary of Education under subsections (a) and (d) of section 14001 of the American Recovery and Reinvestment Act of 2009 (Public Law 111-5), except that the Secretary may reserve not more than $1,000,000 for administration and oversight of this Act, including for program administration. (2) Reservation by state.--With respect to funds appropriated under this Act, a State that receives an allocation of such funds in accordance with section 14001(d) of such Act may reserve a total of not more than 5 percent of the State's allocation for-- (A) the administrative costs of carrying out the State's responsibilities with respect to such funds, except that in no case shall the State reserve more than 1 percent of its total allocation for those costs; and (B) the costs of retaining or creating positions in the State educational agency or the State agency for higher education, and other State agency positions related to the administration or support of early childhood, elementary, secondary, or postsecondary education. (3) Awards to local educational agencies and public institutions of higher education.-- (A) Use of funds.--Subsections (a) and (b) of section 14002 of the American Recovery and Reinvestment Act of 2009 (Public Law 111-5) shall not apply to an allocation of funds appropriated under this Act. Except as provided under paragraph (2), an allocation of such funds shall be used only for awards to local educational agencies and public institutions of higher education for the support of early childhood, elementary, secondary, and postsecondary education in accordance with subparagraph (B). (B) Distribution by governor.-- (i) In general.--The Governor of a State receiving an allocation of funds appropriated under this Act shall use the appropriated funds to award grants to local educational agencies (through the State's primary elementary and secondary funding formulae) and public institutions of higher education in order to restore the reductions in State funding for elementary and secondary education and for public institutions of higher education, respectively, that remain for fiscal years 2010 and 2011, as determined in accordance with clause (iv). (ii) Insufficient amount.-- (I) In general.--In the case of a State that receives an allocation of funds appropriated under this Act for a fiscal year that is less than the amount necessary to carry out clause (i), the Governor of the State shall distribute the State's allocation for such fiscal year between local educational agencies (through the State's primary elementary and secondary funding formulae) and public institutions of higher education in proportion to the relative reductions in State support for these two categories of education for such fiscal year. (II) Exception.--The Governor may adjust the amount of funds awarded to local educational agencies (in the aggregate) and the amount of funds awarded to public institutions of higher education (in the aggregate) for a fiscal year pursuant to subclause (I) by increasing or decreasing such amounts of funds by the amount that is not more than 10 percent of the larger of the 2 amounts of funds. (iii) Distribution of excess amount.--In the case of a State that receives an allocation of funds appropriated under this Act that is more than the amount necessary to carry out clause (i), the Governor of the State shall use any funds remaining after the application of clause (i) to provide local educational agencies in the State with awards, based on the local educational agencies' relative shares of funds under part A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.) for the most recent fiscal year for which data are available. (iv) Calculation of reductions.--For purposes of calculating reductions in State funding under this subparagraph for a fiscal year-- (I) the amount of reductions in State funding for elementary and secondary education or for public institutions of higher education for a fiscal year shall be determined by comparing the level of such State funding for such fiscal year with the level of such State funding for the preceding fiscal year; and (II) the levels of such State funding shall include any funds received by the State under section 14001(d) of the American Recovery and Reinvestment Act of 2009 (Public Law 111-5) and, for fiscal year 2011, any funds received by the State under this section for fiscal year 2010. (4) Inapplicability of education reform assurances.-- Subsection (b), and paragraphs (2) through (5) of subsection (d), of section 14005 of the American Recovery and Reinvestment Act of 2009 (Public Law 111-5) shall not apply to any application for an allocation of funds appropriated under this Act from a State that has an approved application for Phase II of the State Fiscal Stabilization Fund under title XIV of division A of such Act that was submitted in accordance with the application notice published in the Federal Register on November 17, 2009 (74 Fed. Reg. 59142). (5) Requirement to use funds to retain or create education jobs.--Notwithstanding sections 14003(a) and 14004(a) of such Act, funds appropriated under this Act may be used only for-- (A) compensation and benefits and other expenses necessary to retain existing employees, and for the hiring of new employees, in order to provide early childhood, elementary, secondary, or postsecondary educational and related services; or (B) on-the-job training activities, as defined in section 101(31) of the Workforce Investment Act of 1998 (29 U.S.C. 2801(31)), for education-related careers. (6) Prohibition on use of funds for rainy day funds or debt retirement.-- (A) In general.--Subject to subparagraph (B), a State that receives an allocation of funds appropriated under this Act may not use such funds to-- (i) establish, restore, or supplement a reserve or rainy day fund of the State or to supplant State funds in a manner that has the effect of establishing, restoring, or supplementing a reserve or rainy day fund; or (ii) reduce or retire debt obligations incurred by the State or to supplant State funds in a manner that has the effect of reducing or retiring debt obligations incurred by the State. (B) Exception.--Subparagraph (A) shall not apply to fund balances that are necessary to comply with any State requirement to maintain a balanced budget. (7) Application considerations.--If, by a date set by the Secretary of Education, a Governor has not submitted an approvable application under section 14005(a) of the American Recovery and Reinvestment Act of 2009 (Public Law 111-5), the Secretary may provide for the distribution of funds appropriated under this Act that are allocated under section 14001(d) of the American Recovery and Reinvestment Act of 2009 for the State to 1 or more other entities in the State, in such amounts and under such terms and conditions as the Secretary may establish, as long as all terms and conditions that apply to the appropriation under this Act shall apply to such funds distributed to such entity or entities. (8) Local educational agency application.--The requirements of section 442 of the General Education Provisions Act (20 U.S.C. 1232e) shall not apply to a local educational agency that has previously submitted an application to the State under title XIV of division A of the American Recovery and Reinvestment Act of 2009 (Public Law 111-5) and wishes to receive funds appropriated under this Act, as the assurances provided under the previous application shall continue to apply to funds awarded under this Act. (9) Maintenance of effort.-- (A) In general.--In order for a State to receive an allocation of funds appropriated under this Act, the Governor of a State shall, in lieu of the assurances required under section 14005(d)(1) of the American Recovery and Reinvestment Act of 2009 (Public Law 111- 5), provide assurances to the Secretary of Education that, for each of fiscal years 2010 and 2011, the State will-- (i) meet the requirements of section 14005(d)(1) for such fiscal year; or (ii) provide, for elementary and secondary education and for public institutions of higher education (not including support for capital projects or for research and development or tuition and fees paid by students), percentages of the total revenues available to the State for each fiscal year that-- (I) for fiscal year 2010, are not less than such percentages, respectively, for fiscal year 2006; and (II) for fiscal year 2011, are not less than such percentages, respectively, for fiscal year 2009. (B) Inapplicable requirement.--Section 14012(c) of the American Recovery and Reinvestment Act of 2009 (Public Law 111-5) shall not apply with respect to any allocations made for fiscal year 2011 from funds appropriated under this Act. (10) Period for obligation of funds.--The Secretary of Education may extend the period of time available to States and recipients of awards under this section to obligate the funds appropriated under this Act for one additional fiscal year beyond the period provided for under section 421(b)(1) of the General Education Provisions Act (20 U.S.C. 1225(b)(1)). SEC. 3. EMERGENCY DESIGNATION. This Act is designated as an emergency requirement pursuant to section 403(a) of S. Con. Res. 13 (111th Congress), the concurrent resolution on the budget for fiscal year 2010.

Keep Our Educators Working Act of 2010 - Appropriates funds for an Education Jobs Fund. Allocates the bulk of such Fund for grants to states pursuant to a formula that considers each state's share of individuals age 5 through 24 and each state's share of the nation's total population. Authorizes states to reserve a portion of the grant funds for administrative costs and for retaining or creating state education positions. Requires states to use the bulk of the grant to award subgrants to local educational agencies (LEAs) and public institutions of higher education to restore the reductions in state funding for elementary and secondary education and for public institutions of higher education that remain for FY2010 and FY2011, after including the funds they received for such reductions under the American Recovery and Reinvestment Act of 2009. Requires states that receive a grant that is more than what is required to cover such activities to allocate the excess to their LEAs based on the LEAs' relative share of school improvement funds under title I of the Elementary and Secondary Education Act of 1965. Limits the use of subgrant funds to retaining or hiring new employees, or on-the-job training activities for education careers. Designates this Act's appropriation as an emergency requirement.

SECTION 1. SHORT TITLE. This Act may be cited as the ``House Reservists Pay Adjustment Act of 2008''. SEC. 2. REPLACEMENT OF LOST INCOME FOR HOUSE EMPLOYEES ON ACTIVE DUTY UNDER INVOLUNTARY MOBILIZATION ORDER. (a) Payment.-- (1) In general.--For each active duty month of an eligible employee of the House of Representatives who is also a member of a Reserve component of the Armed Forces, the Chief Administrative Officer of the House of Representatives shall pay to the employee the amount by which-- (A) the amount of regular compensation the employee would have received from the House of Representatives if the month had not been an active duty month, exceeds (if at all) (B) the total monthly military compensation paid to the employee for the month by the Secretary of Defense. (2) Eligibility.--An employee of the House of Representatives is eligible for purposes of paragraph (1) with respect to an active duty month if the employee was an employee of the House of Representatives during each day of the 90-day period which ends on the day on which the employee reports for active duty under an involuntary mobilization order. (b) Determination of Compensation Employee Would Have Received.-- (1) In general.--For purposes of subsection (a)(1), the amount of regular compensation an employee would have received from the House of Representatives for a month shall be equal to the amount of compensation the employee received from the House of Representatives for the base month (excluding any bonus or incentive payment made during the month), increased (in a compound manner) by any cost-of-living adjustments applicable to the compensation of employees of the Office of the Chief Administrative Officer for months occurring after the base month. (2) Base month defined.--For purposes of paragraph (1), the term ``base month'' means, with respect to an employee, the most recent month for which the employee received compensation from the House of Representatives which precedes the active duty month. (c) Special Rules Regarding Amount of Payment.-- (1) Reduction for amounts paid from other sources as replacement of lost income.--The Chief Administrative Officer shall reduce the amount of any payment made to any individual under subsection (a) with respect to an active duty month by the amount of any payment received by the individual under section 910 of title 37, United States Code, or any other source that is provided to replace income lost by the individual during the month. (2) Minimum amount required for payment.--The Chief Administrative Officer shall not make a payment otherwise required under this section if the amount of the payment (as determined under subsection (a), taking into account the reduction made under paragraph (1)) is not greater than $50. (d) Definitions.--In this section-- (1) the term ``active duty month'' means, with respect to an employee of the House of Representatives who is also a member of a Reserve component of the Armed Forces, any month during which the employee is not able to perform duties for the office of the employee's employing authority because the employee is on active duty under an involuntary mobilization order for a period of more than 30 days; (2) the terms ``Armed Forces'', ``active duty for a period of more than 30 days'', and ``Reserve component'' have the meaning given such terms in section 101 of title 37, United States Code; and (3) the term ``total monthly military compensation'' has the meaning given such term in section 910(e)(2) of title 37, United States Code. (e) Authorization of Appropriations.--There are authorized to be appropriated from the applicable accounts of the House of Representatives such sums as may be necessary for payments under this section. (f) Effective Date.--This section shall apply with respect to active duty months beginning on or after the date of the enactment of this Act. SEC. 3. ENSURING CONSISTENCY WITH CODE OF OFFICIAL CONDUCT. Clause 8 of rule XXIII of the Rules of the House of Representatives is amended by adding at the end the following new paragraph: ``(d) Nothing in this clause may be construed to prohibit the disbursement or receipt of any payment authorized under section 2 of the House Reservists Pay Adjustment Act of 2008.''. SEC. 4. CLARIFICATION OF ELIGIBILITY OF SURVIVORS FOR HOUSE GRATUITY. The last undesignated paragraph under the center heading ``House of Representatives'' and the center subheading ``Contingent Expenses of the House'' in the first section of the Legislative Branch Appropriation Act, 1955 (2 U.S.C. 125), is amended by adding at the end the following: ``Nothing in this paragraph may be construed to prohibit the Chief Administrative Officer from paying a gratuity to the widow, widower, or heirs-at-law of an employee of the House who dies during an active duty month (as defined in section 2(d) of the House Reservists Pay Adjustment Act of 2008).''. Passed the House of Representatives September 11, 2008. Attest: LORRAINE C. MILLER, Clerk.

House Reservists Pay Adjustment Act - Requires the Chief Administrative Officer (CAO) of the House of Representatives to pay an eligible House employee, who is also a member of a Reserve component of the Armed Forces, for each active duty month the amount by which the employee's regular compensation from the House would have exceeded (if at all) the total monthly military compensation paid to the employee for the active duty month by the Secretary of Defense. Limits employee eligibility for such adjusted compensation to those employed by the House each day of the 90 days ending on the day on which the employee reports for active duty under an involuntary mobilization order. Requires the CAO to reduce the amount of any payment to such employee for an active duty month by the amount of any pay and allowances received by the individual from any other source as replacement of lost income. Prohibits the CAO from making a required payment under this Act unless the payment, taking into account any reduction, is at least $50. Authorizes appropriations. Amends Rule XXIII (Code of Official Conduct) of the Rules of the House of Representatives to declare that nothing in such Rule may be construed to prohibit the disbursement or receipt of any payment authorized under this Act. Amends the Legislative Branch Appropriation Act, 1955 to declare that nothing in the Act may be construed to prohibit the CAO from paying a gratuity to the widow, widower, or heirs-at-law of a House employee who dies during an active duty month.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Superfund Reinvestment Act''. SEC. 2. USE OF HAZARDOUS SUBSTANCE SUPERFUND FOR CLEANUP. (a) Availability of Amounts.--Section 111 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9611) is amended-- (1) in subsection (a) by striking ``For the purposes specified'' and all that follows through ``for the following purposes:'' and inserting the following: ``The amount in the Hazardous Substance Superfund established under section 9507 of the Internal Revenue Code of 1986 shall be available, without further appropriation, to be used for the purposes specified in this section. The President shall use such amount for the following purposes:''; and (2) in subsection (c)-- (A) by striking ``Subject to such amounts as are provided in appropriations Acts, the'' each place it appears and inserting ``The''; and (B) in paragraph (12) by striking ``to the extent that such costs'' and all that follows through ``and 1994''. (b) Amendment to the Internal Revenue Code.--Section 9507 of the Internal Revenue Code of 1986 is amended-- (1) by striking ``appropriated to'' in subsection (a)(1) and inserting ``made available for'', (2) by striking ``appropriated'' in subsection (b) and inserting ``transferred'', (3) by striking ``, as provided in appropriations Acts,'' in subsection (c)(1), and (4) by striking ``1995'' in subsection (d)(3)(B) and inserting ``2021''. SEC. 3. BUDGETARY TREATMENT OF HAZARDOUS SUBSTANCE SUPERFUND. Notwithstanding any other provision of law, the receipts and disbursements of the Hazardous Substance Superfund established in section 9507 of the Internal Revenue Code of 1986-- (1) shall not be counted as new budget authority, outlays, receipts, or deficit or surplus for purposes of-- (A) the budget of the United States Government as submitted by the President; (B) the congressional budget (including allocations of budget authority and outlays provided therein); (C) the Balanced Budget and Emergency Deficit Control Act of 1985; or (D) the Statutory Pay-As-You-Go Act of 2010; (2) shall be exempt from any general budget limitation imposed by statute on expenditures and net lending (budget outlays) of the United States Government; and (3) shall be available only for the purposes specified in section 111 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9611). SEC. 4. EXTENSION OF SUPERFUND TAXES. (a) Excise Taxes.--Subsection (e) of section 4611 of the Internal Revenue Code of 1986 is amended to read as follows: ``(e) Application of Hazardous Substance Superfund Financing Rate.--The Hazardous Substance Superfund financing rate under this section shall apply after December 31, 1986, and before January 1, 1996, and after the date of the enactment of the Superfund Reinvestment Act and before January 1, 2019.''. (b) Corporate Environmental Income Tax.--Subsection (e) of section 59A of such Code is amended to read as follows: ``(e) Application of Tax.--The tax imposed by this section shall apply to taxable years beginning after December 31, 1986, and before January 1, 1996, and to taxable years beginning after the date of the enactment of the Superfund Reinvestment Act and before January 1, 2019.''. (c) Technical Amendments.-- (1) Subsection (b) of section 4611 of such Code is amended-- (A) by striking ``or exported from'' in paragraph (1)(A), (B) by striking ``or exportation'' in paragraph (1)(B), and (C) by striking ``and Exportation'' in the heading thereof. (2) Paragraph (3) of section 4611(d) of such Code is amended-- (A) by striking ``or exporting the crude oil, as the case may be'' and inserting ``the crude oil'', and (B) by striking ``or exports'' in the heading thereof. SEC. 5. APPLICABILITY. (a) In General.--Except as provided in subsections (b) and (c), this Act (including the amendments made by this Act) shall apply to fiscal years beginning after September 30, 2011. (b) Excise Taxes.--The amendments made by sections 4(a) and 4(c) shall take effect on the date of the enactment of this Act. (c) Income Tax.--The amendment made by section 4(b) shall apply to taxable years beginning after the date of the enactment of this Act.

Superfund Reinvestment Act - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) to authorize the use of amounts in the Hazardous Substance Superfund for environmental cleanup costs authorized by such Act. Provides that receipts and disbursements of the Hazardous Substance Superfund: (1) shall not be counted as new budget authority, outlays, receipts, or deficit or surplus, for purposes of the President's budget, the congressional budget, the Balanced Budget and Emergency Deficit Control Act of 1985, or the Statutory Pay-As-You-Go Act of 2010; (2) shall be exempt from any general budget limitations; and (3) shall be available only for the purposes specified in CERCLA. Amends the Internal Revenue Code to reinstate until December 31, 2018, the Hazardous Substance Superfund financing rate and the corporate environmental income tax and extend the borrowing authority of the Superfund through 2021.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Revolving Door Act of 1996''. SEC. 2. LIMITATION ON REPRESENTING OR ADVISING CERTAIN FOREIGN ENTITIES. (a) Amendment to Title 18.--Section 207(f) of title 18, United States Code, is amended to read as follows: ``(f) Restrictions Relating to Foreign Entities.-- ``(1) Ten-year restriction.--Any person who is an officer or employee described in paragraph (3) and who, within 10 years after the termination of the employee's service or employment as such officer or employee, knowingly acts as an agent or attorney for or otherwise represents or advises, for compensation, a government of a foreign country or a foreign political party, if the representation or advice relates directly to a matter in which the United States is a party or has a direct and substantial interest, shall be punished as provided in section 216 of this title. ``(2) Five-year restriction.--Any person who is an officer or employee described in paragraph (3) and who, within 5 years after the termination of his or her service or employment as such officer or employee, knowingly acts as an agent or attorney for or otherwise represents or advises, for compensation-- ``(A) a person outside of the United States, unless such person-- ``(i) if an individual, is a citizen of and domiciled within the United States, or ``(ii) if not an individual, is organized under or created by the laws of the United States or of any State or other place subject to the jurisdiction of the United States and has its principal place of business within the United States, or ``(B) a partnership, association, corporation, organization, or other combination of persons organized under the laws of or having its principal place of business in a foreign country, if the representation or advice relates directly to a matter in which the United States is a party or has a direct and substantial interest, shall be punished as provided in section 216 of this title. ``(3) Persons to whom restrictions apply.--The officers and employees referred to in paragraphs (1) and (2) to whom the restrictions contained in such paragraphs apply are-- ``(A) the President of the United States; and ``(B) any person subject to the restrictions contained in subsection (c), (d), or (e). ``(4) Definitions.--For purposes of this subsection-- ``(A) the term `compensation' means any payment, gift, benefit, reward, favor, or gratuity which is provided, directly or indirectly, for services rendered; ``(B) the term `government of a foreign country' has the meaning given that term in section 1(e) of the Foreign Agents Registration Act of 1938 (22 U.S.C. 611(e)); ``(C) the term `foreign political party' has the meaning given that term in section 1(f) of the Foreign Agents Registration Act of 1938 (22 U.S.C 611(f)); ``(D) the term `United States' means the several States, the District of Columbia, and any commonwealth, territory, or possession of the United States; and ``(E) the term `State' includes the District of Columbia and any commonwealth, territory, or possession of the United States.''. (b) Effective Date.-- (1) General rule.--Except as provided in paragraph (2), the amendment made by subsection (a) take effect on January 1, 1997. (2) Application.--The amendment made by subsection (a) does not apply to a person whose service as an officer or employee to which such amendment applies terminated before the effective date of such amendment. SEC. 3. CROSS-OVER LOBBYING. (a) Executive Branch.--Section 207(d) of title 18, United States Code, is amended by adding at the end the following: ``(3) Additional restriction.--Any person who is a former officer or employee of the executive branch of the United States, who is subject to subsection (c) or paragraphs (1) and (2) of this subsection, and who, within 1 year after the date of the termination of such officer or employee's service or employment with the United States, knowingly makes, with intent to influence, any communication to or appearance before any Member of Congress or officer or employee of the legislative branch of the United States on behalf of any other person (other than the United States or the District of Columbia) shall be punished as provided in section 216.''. (b) Legislative branch.--Section 207(e) of title 18, United States Code, is amended by redesignating paragraph (7) as paragraph (8) and by adding after paragraph (6) the following: ``(7) Additional restriction.--Any former Member of Congress and any former employee of the House of Representatives or Senate whose salary was greater than 120 percent of the minimum rate of basic pay payable for GS-15 of the General Schedule (at the time of the employee's termination of employment) who, within 1 year after the date of the termination of the service of the Member of Congress or the employment of such employee by the House of Representatives or Senate, knowingly makes, with intent to influence, any communication to or appearance before any officer or employee of the executive branch of the United States on behalf of any other person (other than the United States or the District of Columbia) shall be punished as provided in section 216.''. SEC. 4. FELONS. Section 207 of title 18, United States Code, is amended by adding at the end the following: ``(l) Any-- ``(1) former Member of Congress, ``(2) any former employee of the House of Representatives or Senate whose salary was greater than 120 percent of the minimum rate of basic pay payable for GS-15 of the General Schedule (at the time of the employee's termination of employment), and ``(3) any employee of the executive branch of the United States who is subject to subsection (c) or (d), who is convicted of a felony may not, for compensation, make any communication to or appearance before any employee of the House of Representatives or Senate or officer or employee of the executive branch of the United States.''. SEC. 5. EXEMPTION BASED ON REGISTRATION UNDER LOBBYING ACT. Section 3(h) of the Foreign Agents Registration Act (22 U.S.C. 613(h)) is amended by striking ``is required to register and does register'' and inserting ``has engaged in lobbying activities and has registered''.. SEC. 6. CIVIL PENALTIES. Section 8(a) of the Foreign Agents Registration Act (22 U.S.C. 618) is amended-- (1) by adding at the end the following: ``Such a person shall also be subject to a civil penalty of not more than $50,000 for each such violation which is knowingly committed.''; and (2) in paragraph (1), by moving the matter beginning with ``shall, upon conviction thereof,'' one em to the left.

Revolving Door Act of 1996 - Modifies Federal criminal code provisions restricting the activities of former officers, employees, and elected officials of the executive and legislative branches relating to foreign entities. Replaces a ban for one year after leaving office on representing, aiding, or advising a foreign entity before an officer or employee of any U.S. department or agency with intent to influence a decision of such officer in carrying out official duties with: (1) a ten-year restriction on the President, certain senior executive branch personnel, and Members of Congress and officers and employees of the legislative branch knowingly acting as an agent or attorney for, or otherwise representing or advising for compensation (representing), a foreign government or political party if the representation relates directly to a matter in which the United States is a party or has a direct and substantial interest; and (2) a five-year restriction on representing specified foreign persons or organizations if the representation relates directly to a matter in which the United States is a party or has a direct and substantial interest. Imposes penalties upon: (1) former executive branch officers who, within one year after termination of Federal service or employment, knowingly make, with intent to influence, any communication to or appearance before a Member or legislative branch officer or employee on behalf of any person other than the United States or the District of Columbia; and (2) former Members and former employees of the House of Representatives or Senate whose salaries exceeded 120 percent of the minimum rate of basic pay for GS-15 of the General Schedule who, within one year after termination of service, knowingly make such a communication to or appearance before any executive branch officer. Bars such an officer, employee, or Member who is convicted of a felony from making any communication to or appearance before any employee of the House or Senate or any executive branch officer for compensation. Amends the Foreign Agents Registration Act to: (1) exempt from registration requirements specified agents or entities engaged in lobbying activities that have registered under the Lobbying Disclosure Act of 1995; and (2) add a civil penalty of up to $50,000 for each violation (with respect to false statements and willful omissions) knowingly committed.

-S-E-C-T-I-O-N -1-. -S-H-O-R-T -T-I-T-L-E-. -T-h-i-s -A-c-t -m-a-y -b-e -c-i-t-e-d -a-s -t-h-e -`-`-U-n-i-t-e-d -S-t-a-t-e-s -B-o-t-a-n-i-c -G-a-r-d-e-n -C-o-m-m-e-m-o-r-a-t-i-v-e -C-o-i-n -A-c-t -o-f -1-9-9-5-'-'-. -S-E-C-. -2-. -C-O-I-N -S-P-E-C-I-F-I-C-A-T-I-O-N-S-. -(-a-) -O-n-e---D-o-l-l-a-r -S-i-l-v-e-r -C-o-i-n-s-.-- -(-1-) -I-s-s-u-a-n-c-e-.---T-h-e -S-e-c-r-e-t-a-r-y -o-f -t-h-e -T-r-e-a-s-u-r-y -(-h-e-r-e-a-f-t-e-r -i-n -t-h-i-s -A-c-t -r-e-f-e-r-r-e-d -t-o -a-s -t-h-e -`-`-S-e-c-r-e-t-a-r-y-'-'-) -s-h-a-l-l -i-s-s-u-e -n-o-t -m-o-r-e -t-h-a-n -5-0-0-,-0-0-0 -$-1 -c-o-i-n-s-, -w-h-i-c-h -s-h-a-l-l -w-e-i-g-h -2-6-.-7-3 -g-r-a-m-s-, -h-a-v-e -a -d-i-a-m-e-t-e-r -o-f -1-.-5-0-0 -i-n-c-h-e-s-, -a-n-d -c-o-n-t-a-i-n -9-0 -p-e-r-c-e-n-t -s-i-l-v-e-r -a-n-d -1-0 -p-e-r-c-e-n-t -c-o-p-p-e-r-. -(-2-) -D-e-s-i-g-n-.---T-h-e -d-e-s-i-g-n -o-f -t-h-e -c-o-i-n-s -i-s-s-u-e-d -u-n-d-e-r -t-h-i-s -A-c-t -s-h-a-l-l -b-e -a -r-o-s-e-, -t-h-e -n-a-t-i-o-n-a-l -f-l-o-r-a-l -e-m-b-l-e-m-, -a-n-d -a -f-r-o-n-t-a-l -v-i-e-w -o-f -t-h-e -F-r-e-n-c-h -f-a-c-a-d-e -o-f -t-h-e -U-n-i-t-e-d -S-t-a-t-e-s -B-o-t-a-n-i-c -G-a-r-d-e-n-. -O-n -e-a-c-h -c-o-i-n -t-h-e-r-e -s-h-a-l-l -b-e -a -d-e-s-i-g-n-a-t-i-o-n -o-f -t-h-e -v-a-l-u-e -o-f -t-h-e -c-o-i-n-, -a-n -i-n-s-c-r-i-p-t-i-o-n -o-f -t-h-e -y-e-a-r -`-`-1-9-9-5-'-'-, -a-n-d -i-n-s-c-r-i-p-t-i-o-n-s -o-f -t-h-e -w-o-r-d-s -`-`-L-i-b-e-r-t-y-'-'-, -`-`-I-n -G-o-d -W-e -T-r-u-s-t-'-'-, -`-`-U-n-i-t-e-d -S-t-a-t-e-s -o-f -A-m-e-r-i-c-a-'-'-, -a-n-d -`-`-E -P-l-u-r-i-b-u-s -U-n-u-m-'-'-. -(-b-) -L-e-g-a-l -T-e-n-d-e-r-.---T-h-e -c-o-i-n-s -i-s-s-u-e-d -u-n-d-e-r -t-h-i-s -A-c-t -s-h-a-l-l -b-e -l-e-g-a-l -t-e-n-d-e-r-, -a-s -p-r-o-v-i-d-e-d -i-n -s-e-c-t-i-o-n -5-1-0-3 -o-f -t-i-t-l-e -3-1-, -U-n-i-t-e-d -S-t-a-t-e-s -C-o-d-e-. -S-E-C-. -3-. -S-O-U-R-C-E-S -O-F -B-U-L-L-I-O-N-. -T-h-e -S-e-c-r-e-t-a-r-y -s-h-a-l-l -o-b-t-a-i-n -s-i-l-v-e-r -f-o-r -t-h-e -c-o-i-n-s -m-i-n-t-e-d -u-n-d-e-r -t-h-i-s -A-c-t -o-n-l-y -f-r-o-m -s-t-o-c-k-p-i-l-e-s -e-s-t-a-b-l-i-s-h-e-d -u-n-d-e-r -t-h-e -S-t-r-a-t-e-g-i-c -a-n-d -C-r-i-t-i-c-a-l -M-a-t-e-r-i-a-l-s -S-t-o-c-k -P-i-l-i-n-g -A-c-t-. -S-E-C-. -4-. -S-E-L-E-C-T-I-O-N -O-F -D-E-S-I-G-N-. -T-h-e -d-e-s-i-g-n -f-o-r -t-h-e -c-o-i-n-s -a-u-t-h-o-r-i-z-e-d -b-y -t-h-i-s -A-c-t -s-h-a-l-l -b-e -s-e-l-e-c-t-e-d -b-y -t-h-e -S-e-c-r-e-t-a-r-y -a-f-t-e-r -c-o-n-s-u-l-t-a-t-i-o-n -w-i-t-h -t-h-e -N-a-t-i-o-n-a-l -F-u-n-d -f-o-r -t-h-e -U-n-i-t-e-d -S-t-a-t-e-s -B-o-t-a-n-i-c -G-a-r-d-e-n -a-n-d -t-h-e -C-o-m-m-i-s-s-i-o-n -o-f -F-i-n-e -A-r-t-s-. -A-s -r-e-q-u-i-r-e-d -b-y -s-e-c-t-i-o-n -5-1-3-5 -o-f -t-i-t-l-e -3-1-, -U-n-i-t-e-d -S-t-a-t-e-s -C-o-d-e-, -t-h-e -d-e-s-i-g-n -s-h-a-l-l -a-l-s-o -b-e -r-e-v-i-e-w-e-d -b-y -t-h-e -C-i-t-i-z-e-n-s -C-o-m-m-e-m-o-r-a-t-i-v-e -C-o-i-n -A-d-v-i-s-o-r-y -C-o-m-m-i-t-t-e-e-. -S-E-C-. -5-. -I-S-S-U-A-N-C-E -O-F -C-O-I-N-S-. -(-a-) -Q-u-a-l-i-t-y -o-f -C-o-i-n-s-.---C-o-i-n-s -m-i-n-t-e-d -u-n-d-e-r -t-h-i-s -A-c-t -m-a-y -b-e -i-s-s-u-e-d -i-n -u-n-c-i-r-c-u-l-a-t-e-d -a-n-d -p-r-o-o-f -q-u-a-l-i-t-i-e-s-. -(-b-) -M-i-n-t -F-a-c-i-l-i-t-y-.---N-o-t -m-o-r-e -t-h-a-n -1 -f-a-c-i-l-i-t-y -o-f -t-h-e -U-n-i-t-e-d -S-t-a-t-e-s -M-i-n-t -m-a-y -b-e -u-s-e-d -t-o -s-t-r-i-k-e -a-n-y -p-a-r-t-i-c-u-l-a-r -q-u-a-l-i-t-y -o-f -t-h-e -c-o-i-n-s -m-i-n-t-e-d -u-n-d-e-r -t-h-i-s -A-c-t-. -(-c-) -P-e-r-i-o-d -o-f -I-s-s-u-a-n-c-e-.---T-h-e -S-e-c-r-e-t-a-r-y -m-a-y -i-s-s-u-e -c-o-i-n-s -m-i-n-t-e-d -u-n-d-e-r -t-h-i-s -A-c-t -d-u-r-i-n-g -t-h-e -p-e-r-i-o-d -b-e-g-i-n-n-i-n-g -o-n -J-a-n-u-a-r-y -1-, -1-9-9-5-, -a-n-d -e-n-d-i-n-g -o-n -D-e-c-e-m-b-e-r -3-1-, -1-9-9-5-. -S-E-C-. -6-. -S-A-L-E -O-F -C-O-I-N-S-. -(-a-) -S-a-l-e -P-r-i-c-e-.---T-h-e -c-o-i-n-s -a-u-t-h-o-r-i-z-e-d -u-n-d-e-r -t-h-i-s -A-c-t -s-h-a-l-l -b-e -s-o-l-d -b-y -t-h-e -S-e-c-r-e-t-a-r-y -a-t -a -p-r-i-c-e -e-q-u-a-l -t-o -t-h-e -s-u-m -o-f -t-h-e -f-a-c-e -v-a-l-u-e -o-f -t-h-e -c-o-i-n-s-, -t-h-e -s-u-r-c-h-a-r-g-e -p-r-o-v-i-d-e-d -i-n -s-u-b-s-e-c-t-i-o-n -(-d-) -w-i-t-h -r-e-s-p-e-c-t -t-o -s-u-c-h -c-o-i-n-s-, -a-n-d -t-h-e -c-o-s-t -o-f -d-e-s-i-g-n-i-n-g -a-n-d -i-s-s-u-i-n-g -t-h-e -c-o-i-n-s -(-i-n-c-l-u-d-i-n-g -l-a-b-o-r-, -m-a-t-e-r-i-a-l-s-, -d-i-e-s-, -u-s-e -o-f -m-a-c-h-i-n-e-r-y-, -o-v-e-r-h-e-a-d -e-x-p-e-n-s-e-s-, -m-a-r-k-e-t-i-n-g-, -a-n-d -s-h-i-p-p-i-n-g-)-. -(-b-) -B-u-l-k -S-a-l-e-s-.----T-h-e -S-e-c-r-e-t-a-r-y -s-h-a-l-l -m-a-k-e -b-u-l-k -s-a-l-e-s -a-v-a-i-l-a-b-l-e -a-t -a -r-e-a-s-o-n-a-b-l-e -d-i-s-c-o-u-n-t-. -(-c-) -P-r-e-p-a-i-d -O-r-d-e-r-s-.---T-h-e -S-e-c-r-e-t-a-r-y -s-h-a-l-l -a-c-c-e-p-t -p-r-e-p-a-i-d -o-r-d-e-r-s -f-o-r -t-h-e -c-o-i-n-s -a-u-t-h-o-r-i-z-e-d -u-n-d-e-r -t-h-i-s -A-c-t -p-r-i-o-r -t-o -t-h-e -i-s-s-u-a-n-c-e -o-f -s-u-c-h -c-o-i-n-s-. -S-a-l-e-s -u-n-d-e-r -t-h-i-s -s-u-b-s-e-c-t-i-o-n -s-h-a-l-l -b-e -a-t -a -r-e-a-s-o-n-a-b-l-e -d-i-s-c-o-u-n-t-. -(-d-) -S-u-r-c-h-a-r-g-e -R-e-q-u-i-r-e-d-.---A-l-l -s-a-l-e-s -s-h-a-l-l -i-n-c-l-u-d-e -a -s-u-r-c-h-a-r-g-e -o-f -$-1-0 -p-e-r -c-o-i-n-. -S-E-C-. -7-. -G-E-N-E-R-A-L -W-A-I-V-E-R -O-F -P-R-O-C-U-R-E-M-E-N-T -R-E-G-U-L-A-T-I-O-N-S-. -N-o -p-r-o-v-i-s-i-o-n -o-f -l-a-w -g-o-v-e-r-n-i-n-g -p-r-o-c-u-r-e-m-e-n-t -o-r -p-u-b-l-i-c -c-o-n-t-r-a-c-t-s -s-h-a-l-l -b-e -a-p-p-l-i-c-a-b-l-e -t-o -t-h-e -p-r-o-c-u-r-e-m-e-n-t -o-f -g-o-o-d-s -o-r -s-e-r-v-i-c-e-s -n-e-c-e-s-s-a-r-y -f-o-r -c-a-r-r-y-i-n-g -o-u-t -t-h-e -p-r-o-v-i-s-i-o-n-s -o-f -t-h-i-s -A-c-t-. -N-o-t-h-i-n-g -i-n -t-h-i-s -s-e-c-t-i-o-n -s-h-a-l-l -r-e-l-i-e-v-e -a-n-y -p-e-r-s-o-n -e-n-t-e-r-i-n-g -i-n-t-o -a -c-o-n-t-r-a-c-t -u-n-d-e-r -t-h-e -a-u-t-h-o-r-i-t-y -o-f -t-h-i-s -A-c-t -f-r-o-m -c-o-m-p-l-y-i-n-g -w-i-t-h -a-n-y -l-a-w -r-e-l-a-t-i-n-g -t-o -e-q-u-a-l -e-m-p-l-o-y-m-e-n-t -o-p-p-o-r-t-u-n-i-t-y-. -S-E-C-. -8-. -D-I-S-T-R-I-B-U-T-I-O-N -O-F -S-U-R-C-H-A-R-G-E-S-. -A-l-l -s-u-r-c-h-a-r-g-e-s -r-e-c-e-i-v-e-d -b-y -t-h-e -S-e-c-r-e-t-a-r-y -f-r-o-m -t-h-e -s-a-l-e -o-f -c-o-i-n-s -i-s-s-u-e-d -u-n-d-e-r -t-h-i-s -A-c-t -s-h-a-l-l -b-e -p-r-o-m-p-t-l-y -p-a-i-d -b-y -t-h-e -S-e-c-r-e-t-a-r-y -t-o -t-h-e -N-a-t-i-o-n-a-l -F-u-n-d -f-o-r -t-h-e -U-n-i-t-e-d -S-t-a-t-e-s -B-o-t-a-n-i-c -G-a-r-d-e-n-. -S-E-C-. -9-. -A-U-D-I-T-S-. -T-h-e -C-o-m-p-t-r-o-l-l-e-r -G-e-n-e-r-a-l -s-h-a-l-l -h-a-v-e -t-h-e -r-i-g-h-t -t-o -e-x-a-m-i-n-e -s-u-c-h -b-o-o-k-s-, -r-e-c-o-r-d-s-, -d-o-c-u-m-e-n-t-s-, -a-n-d -o-t-h-e-r -d-a-t-a -o-f -t-h-e -N-a-t-i-o-n-a-l -F-u-n-d -f-o-r -t-h-e -U-n-i-t-e-d -S-t-a-t-e-s -B-o-t-a-n-i-c -G-a-r-d-e-n -a-s -m-a-y -b-e -r-e-l-a-t-e-d -t-o -t-h-e -e-x-p-e-n-d-i-t-u-r-e-s -o-f -a-m-o-u-n-t-s -p-a-i-d -u-n-d-e-r -s-e-c-t-i-o-n -8-. SECTION 1. SHORT TITLE. This Act may be cited as the ``United States Botanic Garden Commemorative Coin Act of 1995''. SEC. 2. COIN SPECIFICATIONS. (a) One-Dollar Silver Coins.-- (1) Issuance.--The Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall mint and issue not more than 500,000 $1 coins, which shall weigh 26.73 grams, have a diameter of 1.500 inches, and contain 90 percent silver and 10 percent copper. (2) Design.--The design of the coins issued under this Act shall be a rose, the national floral emblem, and a frontal view of the French facade of the United States Botanic Garden. On each coin there shall be a designation of the value of the coin, an inscription of the year ``1995'', and inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. (b) Legal Tender.--The coins issued under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic Items.--For purposes of section 5134 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. SEC. 3. SOURCE OF BULLION. The Secretary shall obtain silver for the coins minted under this Act only from stockpiles established under the Strategic and Critical Materials Stock Piling Act. SEC. 4. SELECTION OF DESIGN. The design for the coins minted under this Act shall be-- (1) selected by the Secretary after consultation with the National Fund for the United States Botanic Garden and the Commission of Fine Arts; and (2) reviewed by the Citizens Commemorative Coin Advisory Committee. SEC. 5. ISSUANCE OF COINS. (a) Quality of Coins.--Coins minted under this Act may be issued in uncirculated and proof qualities. (b) Mint Facility.--Not more than 1 facility of the United States Mint may be used to strike any particular quality of the coins minted under this Act. (c) Period of Issuance.--The Secretary may issue coins minted under this Act during the period beginning on January 1, 1995, and ending on December 31, 1995. SEC. 6. SALE OF COINS. (a) Sale Price.--The coins authorized under this Act shall be sold by the Secretary at a price equal to the sum of the face value of the coins, the surcharge provided in subsection (d) with respect to such coins, and the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (b) Bulk Sales.--The Secretary shall make bulk sales available at a reasonable discount. (c) Prepaid Orders.--The Secretary shall accept prepaid orders for the coins authorized under this Act prior to the issuance of such coins. Sales under this subsection shall be at a reasonable discount. (d) Surcharge Required.--All sales shall include a surcharge of $10 per coin. SEC. 7. GENERAL WAIVER OF PROCUREMENT REGULATIONS. (a) In General.--Except as provided in subsection (b), no provision of law governing procurement or public contracts shall be applicable to the procurement of goods and services necessary for carrying out the provisions of this Act. (b) Equal Employment Opportunity.--Subsection (a) shall not relieve any person entering into a contract under the authority of this Act from complying with any law relating to equal employment opportunity. SEC. 8. DISTRIBUTION OF SURCHARGES. All surcharges received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary to the National Fund for the United States Botanic Garden. SEC. 9. AUDITS. The Comptroller General of the United States shall have the right to examine such books, records, documents, and other data of the National Fund for the United States Botanic Garden as may be related to the expenditures of amounts paid under section 8.

United States Botanic Garden Commemorative Coin Act of 1995 - Directs the Secretary of the Treasury to issue one-dollar silver coins for a one-year period to commemorate the 175th anniversary of the founding of the United States Botanic Garden. States that the design for such coins shall be selected by the Secretary after consultation with the National Fund for the United States Botanic Garden and the Commission of Fine Arts and after review by the Citizens Commemorative Coin Advisory Committee. Directs the Secretary to distribute all surcharges from the coin sales to the National Fund for the United States Botanic Garden.

SECTION 1. SHORT TITLE. This Act may be cited as the ``SUTA Dumping Prevention Act of 2004''. SEC. 2. TRANSFER OF UNEMPLOYMENT EXPERIENCE UPON TRANSFER OR ACQUISITION OF A BUSINESS. (a) In General.--Section 303 of the Social Security Act (42 U.S.C. 503) is amended by adding at the end the following: ``(k)(1) For purposes of subsection (a), the unemployment compensation law of a State must provide-- ``(A) that if an employer transfers its business to another employer, and both employers are (at the time of transfer) under substantially common ownership, management, or control, then the unemployment experience attributable to the transferred business shall also be transferred to (and combined with the unemployment experience attributable to) the employer to whom such business is so transferred, ``(B) that unemployment experience shall not, by virtue of the transfer of a business, be transferred to the person acquiring such business if-- ``(i) such person is not otherwise an employer at the time of such acquisition, and ``(ii) the State agency finds that such person acquired the business solely or primarily for the purpose of obtaining a lower rate of contributions, ``(C) that unemployment experience shall (or shall not) be transferred in accordance with such regulations as the Secretary of Labor may prescribe to ensure that higher rates of contributions are not avoided through the transfer or acquisition of a business, ``(D) that meaningful civil and criminal penalties are imposed with respect to-- ``(i) persons that knowingly violate or attempt to violate those provisions of the State law which implement subparagraph (A) or (B) or regulations under subparagraph (C), and ``(ii) persons that knowingly advise another person to violate those provisions of the State law which implement subparagraph (A) or (B) or regulations under subparagraph (C), and ``(E) for the establishment of procedures to identify the transfer or acquisition of a business for purposes of this subsection. ``(2) For purposes of this subsection-- ``(A) the term `unemployment experience', with respect to any person, refers to such person's experience with respect to unemployment or other factors bearing a direct relation to such person's unemployment risk; ``(B) the term `employer' means an employer as defined under the State law; ``(C) the term `business' means a trade or business (or a part thereof); ``(D) the term `contributions' has the meaning given such term by section 3306(g) of the Internal Revenue Code of 1986; ``(E) the term `knowingly' means having actual knowledge of or acting with deliberate ignorance of or reckless disregard for the prohibition involved; and ``(F) the term `person' has the meaning given such term by section 7701(a)(1) of the Internal Revenue Code of 1986.''. (b) Study and Reporting Requirements.-- (1) Study.--The Secretary of Labor shall conduct a study of the implementation of the provisions of section 303(k) of the Social Security Act (as added by subsection (a)) to assess the status and appropriateness of State actions to meet the requirements of such provisions. (2) Report.--Not later than July 15, 2007, the Secretary of Labor shall submit to the Congress a report that contains the findings of the study required by paragraph (1) and recommendations for any Congressional action that the Secretary considers necessary to improve the effectiveness of section 303(k) of the Social Security Act. (c) Effective Date.--The amendment made by subsection (a) shall, with respect to a State, apply to certifications for payments (under section 302(a) of the Social Security Act) in rate years beginning after the end of the 26-week period beginning on the first day of the first regularly scheduled session of the State legislature beginning on or after the date of the enactment of this Act. (d) Definitions.--For purposes of this section-- (1) the term ``State'' includes the District of Columbia, the Commonwealth of Puerto Rico, and the Virgin Islands; (2) the term ``rate year'' means the rate year as defined in the applicable State law; and (3) the term ``State law'' means the unemployment compensation law of the State, approved by the Secretary of Labor under section 3304 of the Internal Revenue Code of 1986. SEC. 3. USE OF NEW HIRE INFORMATION TO ASSIST IN ADMINISTRATION OF UNEMPLOYMENT COMPENSATION PROGRAMS. Section 453(j) of the Social Security Act (42 U.S.C. 653(j)) is amended by adding at the end the following: ``(8) Information comparisons and disclosure to assist in administration of unemployment compensation programs.-- ``(A) In general.--If, for purposes of administering an unemployment compensation program under Federal or State law, a State agency responsible for the administration of such program transmits to the Secretary the names and social security account numbers of individuals, the Secretary shall disclose to such State agency information on such individuals and their employers maintained in the National Directory of New Hires, subject to this paragraph. ``(B) Condition on disclosure by the secretary.-- The Secretary shall make a disclosure under subparagraph (A) only to the extent that the Secretary determines that the disclosure would not interfere with the effective operation of the program under this part. ``(C) Use and disclosure of information by state agencies.-- ``(i) In general.--A State agency may not use or disclose information provided under this paragraph except for purposes of administering a program referred to in subparagraph (A). ``(ii) Information security.--The State agency shall have in effect data security and control policies that the Secretary finds adequate to ensure the security of information obtained under this paragraph and to ensure that access to such information is restricted to authorized persons for purposes of authorized uses and disclosures. ``(iii) Penalty for misuse of information.--An officer or employee of the State agency who fails to comply with this subparagraph shall be subject to the sanctions under subsection (l)(2) to the same extent as if such officer or employee was an officer or employee of the United States. ``(D) Procedural requirements.--State agencies requesting information under this paragraph shall adhere to uniform procedures established by the Secretary governing information requests and data matching under this paragraph. ``(E) Reimbursement of costs.--The State agency shall reimburse the Secretary, in accordance with subsection (k)(3), for the costs incurred by the Secretary in furnishing the information requested under this paragraph.''.

SUTA Dumping Prevention Act of 2004 - Amends the Social Security Act (SSA) with respect to administration of unemployment taxes and benefits. Revises SSA title III (Grants to States for Unemployment Compensation Administration) to require State unemployment compensation laws, as a condition of State eligibility for such grants, to provide for transfer of unemployment experience upon transfer or acquisition of a business. Directs the Secretary of Labor to study and report to Congress on State implementation of such requirement. Revises SSA title IV part D (Child Support and Establishment of Paternity) to direct the Secretary of Health and Human Services to disclose information on individuals and their employers in the National Directory of New Hires to a State agency that, for purposes of administering a Federal or State unemployment compensation law, transmits such individuals' names and Social Security account numbers to the Secretary. Requires such disclosure only to the extent that it would not interfere with effective operation of the part D program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Food Tracking Improvement Act''. SEC. 2. TRACEABILITY OF FOOD. The Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) is amended-- (1) in section 301, by inserting at the end the following: ``(jj) The failure to comply with any requirement of section 414A (relating to the traceability of food).''; and (2) in chapter IV, by inserting after section 414 the following: ``SEC. 414A. TRACEABILITY OF FOOD. ``(a) Establishment of System.--Not later than 3 years after the date of the enactment of this section, the Secretary shall establish a traceability system described in subsection (b) for all stages of manufacturing, processing, packaging, and distribution of food. ``(b) Description of System.--The traceability system required by subsection (a) shall require each article of food shipped in interstate commerce to be identified in a manner that enables the Secretary to retrieve the history, use, and location of the article through a recordkeeping and audit system, a secure, online database, or registered identification. ``(c) Records.-- ``(1) In general.--The Secretary may require that each person required to identify an article of food pursuant to subsection (b) maintain accurate records, as prescribed by the Secretary, regarding the purchase, sale, and identification of the article. ``(2) Access.--Each person described in paragraph (1) shall, at all reasonable times, on notice by a duly authorized representative of the Secretary, allow the representative to access to each place of business of the person to examine and copy the records described in paragraph (1). ``(3) Duration.--Each person described in paragraph (1) shall maintain records as required under this subsection for such period of time as the Secretary prescribes. ``(d) False Information.--No person shall falsify or misrepresent to any other person or to the Secretary, any information as to any location at which any article of food was held. ``(e) Alteration or Destruction of Records.--No person shall, without authorization from the Secretary, alter, detach, or destroy any records or other means of identification prescribed by the Secretary for use in determining the location at which any article of food was held. ``(f) Advisory Committee.-- ``(1) In general.--In order to assist the Secretary in implementing the traceability system under subsection (a), the Secretary shall convene an advisory committee (referred to in this subsection as the `Committee'). ``(2) Membership.--The Committee shall consist of 13 members appointed by the Secretary which shall include-- ``(A) an equitable number of food safety and tracking technology experts, representatives of the food industry, and consumer advocates; and ``(B) officials from the Center for Food Safety and Applied Nutrition and the Office of Regulatory Affairs of the Food and Drug Administration and the Agriculture Marketing Service of the Department of Agriculture. ``(3) Chairperson.--The Secretary shall appoint a Chairperson of the Committee. ``(4) Meeting.--The Committee shall convene not later than 180 days after the date of enactment of this section and periodically thereafter at the call of the Chairperson. ``(5) Report of committee.-- ``(A) In general.--Not later than 1 year after the date of enactment of this section, the Committee shall submit to the Secretary and the Office of the Commissioner a report that describes the recommendations regarding the most practicable approach to providing for the traceability of food, including the most efficient means of implementing the traceback of contaminated foods. ``(B) Considerations.--In developing the report under subparagraph (A), the Committee shall consider the following approaches to providing for the traceability of food: ``(i) A national database or registry operated by the Food and Drug Administration. ``(ii) Electronic records identifying each prior sale, purchase, or trade of the food and its ingredients, and establishing that the food and its ingredients were grown, prepared, handled, manufactured, processed, distributed, shipped, warehoused, imported, and conveyed under conditions to ensure the safety of the food. The records would include an electronic statement with the date of, and the names and addresses of all parties to, each prior sale, purchase, or trade, and any other information as appropriate. ``(iii) Standardized tracking numbers on all shipments. These numbers would identify the country of origin, the unique facility registration number, date of production, and lot number (if applicable). ``(iv) Recall performance standards for each food or commodity type. ``(v) Safeguards for the combining, repacking, or otherwise mixing of items of food, particularly fresh produce. ``(vi) Other approaches that enable the reliable tracking of food and food products. ``(g) Authorization of Appropriations.--For the purpose of carrying out this section, there is authorized to be appropriated $40,000,000 for the period of fiscal years 2009 through 2011.''.

Food Tracking Improvement Act - Amends the Federal Food, Drug, and Cosmetic Act to prohibit failing to comply with any requirement of this Act. Requires the Secretary of Health and Human Services to: (1) establish a traceability system for all stages of manufacturing, processing, packaging, and distribution of food; and (2) convene an advisory committee to assist in implementing the system. Requires the system to identify each article of food shipped in interstate commerce in a manner that enables the Secretary to retrieve the history, use, and location of the article through a recordkeeping and audit system, a secure, online database, or registered identification. Authorizes the Secretary to direct each person required to identify an article of food to maintain accurate records regarding the purchase, sale, and identification of the article. Requires each such person to allow authorized representatives of the Secretary to examine and copy records. Prohibits any person from: (1) falsifying or misrepresenting information as to the location at which any article of food was held; or (2) altering, detaching, or destroying any records or other means of identification for use in determining such a location.

SECTION 1. SHORT TITLE; AMENDMENTS TO SOCIAL SECURITY ACT; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Family Opportunity Act of 2003'' or the ``Dylan Lee James Act''. (b) Amendments to Social Security 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. (c) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; amendments to Social Security Act; table of contents. Sec. 2. Opportunity for families of disabled children to purchase medicaid coverage for such children. Sec. 3. Treatment of inpatient psychiatric hospital services for individuals under age 21 in home or community-based services waivers. Sec. 4. Development and support of family-to-family health information centers. Sec. 5. Restoration of medicaid eligibility for certain SSI beneficiaries. SEC. 2. OPPORTUNITY FOR FAMILIES OF DISABLED CHILDREN TO PURCHASE MEDICAID COVERAGE FOR SUCH CHILDREN. (a) State Option To Allow Families of Disabled Children To Purchase Medicaid Coverage for Such Children.-- (1) In general.--Section 1902 (42 U.S.C. 1396a) is amended-- (A) in subsection (a)(10)(A)(ii)-- (i) by striking ``or'' at the end of subclause (XVII); (ii) by adding ``or'' at the end of subclause (XVIII); and (iii) by adding at the end the following new subclause: ``(XIX) who are disabled children described in subsection (cc)(1);''; and (B) by adding at the end the following new subsection: ``(cc)(1) Individuals described in this paragraph are individuals-- ``(A) who have not attained 18 years of age; ``(B) who would be considered disabled under section 1614(a)(3)(C) but for having earnings or deemed income or resources (as determined under title XVI for children) that exceed the requirements for receipt of supplemental security income benefits; and ``(C) whose family income does not exceed such income level as the State establishes and does not exceed-- ``(i) 250 percent of the income official poverty line (as defined by the Office of Management and Budget, and revised annually in accordance with section 673(2) of the Omnibus Budget Reconciliation Act of 1981) applicable to a family of the size involved; or ``(ii) such higher percent of such poverty line as a State may establish, except that-- ``(I) any medical assistance provided to an individual whose family income exceeds 250 percent of such poverty line may only be provided with State funds; and ``(II) no Federal financial participation shall be provided under section 1903(a) for any medical assistance provided to such an individual.''. (2) Interaction with employer-sponsored family coverage.-- Section 1902(cc) (42 U.S.C. 1396a(cc)), as added by paragraph (1)(B), is amended by adding at the end the following new paragraph: ``(2)(A) If an employer of a parent of an individual described in paragraph (1) offers family coverage under a group health plan (as defined in section 2791(a) of the Public Health Service Act), the State shall-- ``(i) require such parent to apply for, enroll in, and pay premiums for, such coverage as a condition of such parent's child being or remaining eligible for medical assistance under subsection (a)(10)(A)(ii)(XIX) if the parent is determined eligible for such coverage and the employer contributes at least 50 percent of the total cost of annual premiums for such coverage; and ``(ii) if such coverage is obtained-- ``(I) subject to paragraph (2) of section 1916(h), reduce the premium imposed by the State under that section in an amount that reasonably reflects the premium contribution made by the parent for private coverage on behalf of a child with a disability; and ``(II) treat such coverage as a third party liability under subsection (a)(25). ``(B) In the case of a parent to which subparagraph (A) applies, a State, subject to paragraph (1)(C)(ii), may provide for payment of any portion of the annual premium for such family coverage that the parent is required to pay. Any payments made by the State under this subparagraph shall be considered, for purposes of section 1903(a), to be payments for medical assistance.''. (b) State Option To Impose Income-Related Premiums.--Section 1916 (42 U.S.C. 1396o) is amended-- (1) in subsection (a), by striking ``subsection (g)'' and inserting ``subsections (g) and (h)''; and (2) by adding at the end the following new subsection: ``(h)(1) With respect to disabled children provided medical assistance under section 1902(a)(10)(A)(ii)(XIX), subject to paragraph (2), a State may (in a uniform manner for such children) require the families of such children to pay monthly premiums set on a sliding scale based on family income. ``(2) A premium requirement imposed under paragraph (1) may only apply to the extent that-- ``(A) the aggregate amount of such premium and any premium that the parent is required to pay for family coverage under section 1902(cc)(2)(A)(i) does not exceed 5 percent of the family's income; and ``(B) the requirement is imposed consistent with section 1902(cc)(2)(A)(ii)(I). ``(3) A State shall not require prepayment of a premium imposed pursuant to paragraph (1) and shall not terminate eligibility of a child under section 1902(a)(10)(A)(ii)(XIX) for medical assistance under this title on the basis of failure to pay any such premium until such failure continues for a period of not less than 60 days from the date on which the premium became past due. The State may waive payment of any such premium in any case where the State determines that requiring such payment would create an undue hardship.''. (c) Conforming Amendments.--Section 1903(f)(4) (42 U.S.C. 1396b(f)(4)) is amended in the matter preceding subparagraph (A), by inserting ``1902(a)(10)(A)(ii)(XIX),'' after ``1902(a)(10)(A)(ii)(XVIII),''. (d) Effective Date.--The amendments made by this section shall apply to medical assistance for items and services furnished on or after October 1, 2005. SEC. 3. TREATMENT OF INPATIENT PSYCHIATRIC HOSPITAL SERVICES FOR INDIVIDUALS UNDER AGE 21 IN HOME OR COMMUNITY-BASED SERVICES WAIVERS. (a) In General.--Section 1915(c) (42 U.S.C. 1396n(c)) is amended-- (1) in paragraph (1)-- (A) in the first sentence, by inserting ``, or would require inpatient psychiatric hospital services for individuals under age 21,'' after ``intermediate care facility for the mentally retarded''; and (B) in the second sentence, by inserting ``, or would require inpatient psychiatric hospital services for individuals under age 21'' before the period; (2) in paragraph (2)(B), by striking ``or services in an intermediate care facility for the mentally retarded'' each place it appears and inserting ``services in an intermediate care facility for the mentally retarded, or inpatient psychiatric hospital services for individuals under age 21''; (3) in paragraph (2)(C)-- (A) by inserting ``, or who are determined to be likely to require inpatient psychiatric hospital services for individuals under age 21,'' after ``, or intermediate care facility for the mentally retarded''; and (B) by striking ``or services in an intermediate care facility for the mentally retarded'' and inserting ``services in an intermediate care facility for the mentally retarded, or inpatient psychiatric hospital services for individuals under age 21''; and (4) in paragraph (7)(A)-- (A) by inserting ``or would require inpatient psychiatric hospital services for individuals under age 21,'' after ``intermediate care facility for the mentally retarded,''; and (B) by inserting ``or who would require inpatient psychiatric hospital services for individuals under age 21'' before the period. (b) Effective Date.--The amendments made by subsection (a) apply with respect to medical assistance provided on or after January 1, 2004. SEC. 4. DEVELOPMENT AND SUPPORT OF FAMILY-TO-FAMILY HEALTH INFORMATION CENTERS. Section 501 (42 U.S.C. 701) is amended by adding at the end the following new subsection: ``(c)(1)(A) For the purpose of enabling the Secretary (through grants, contracts, or otherwise) to provide for special projects of regional and national significance for the development and support of family-to-family health information centers described in paragraph (2)-- ``(i) there is appropriated to the Secretary, out of any money in the Treasury not otherwise appropriated-- ``(I) $3,000,000 for fiscal year 2004; ``(II) $4,000,000 for fiscal year 2005; and ``(III) $5,000,000 for fiscal year 2006; and ``(ii) there is authorized to be appropriated to the Secretary, $5,000,000 for each of fiscal years 2007 and 2008. ``(B) Funds appropriated or authorized to be appropriated under subparagraph (A) shall-- ``(i) be in addition to amounts appropriated under subsection (a) and retained under section 502(a)(1) for the purpose of carrying out activities described in subsection (a)(2); and ``(ii) remain available until expended. ``(2) The family-to-family health information centers described in this paragraph are centers that-- ``(A) assist families of children with disabilities or special health care needs to make informed choices about health care in order to promote good treatment decisions, cost- effectiveness, and improved health outcomes for such children; ``(B) provide information regarding the health care needs of, and resources available for, children with disabilities or special health care needs; ``(C) identify successful health delivery models for such children; ``(D) develop with representatives of health care providers, managed care organizations, health care purchasers, and appropriate State agencies a model for collaboration between families of such children and health professionals; ``(E) provide training and guidance regarding caring for such children; ``(F) conduct outreach activities to the families of such children, health professionals, schools, and other appropriate entities and individuals; and ``(G) are staffed by families of children with disabilities or special health care needs who have expertise in Federal and State public and private health care systems and health professionals. ``(3) The Secretary shall develop family-to-family health information centers described in paragraph (2) under this subsection in accordance with the following: ``(A) With respect to fiscal year 2004, such centers shall be developed in not less than 25 States. ``(B) With respect to fiscal year 2005, such centers shall be developed in not less than 40 States. ``(C) With respect to fiscal year 2006, such centers shall be developed in not less than 50 States and the District of Columbia. ``(4) The provisions of this title that are applicable to the funds made available to the Secretary under section 502(a)(1) apply in the same manner to funds made available to the Secretary under paragraph (1)(A). ``(5) For purposes of this subsection, the term `State' means each of the 50 States and the District of Columbia.''. SEC. 5. RESTORATION OF MEDICAID ELIGIBILITY FOR CERTAIN SSI BENEFICIARIES. (a) In General.--Section 1902(a)(10)(A)(i)(II) (42 U.S.C. 1396a(a)(10)(A)(i)(II)) is amended-- (1) by inserting ``(aa)'' after ``(II)''; (2) by striking ``) and'' and inserting ``and''; (3) by striking ``section or who are'' and inserting ``section), (bb) who are''; and (4) by inserting before the comma at the end the following: ``, or (cc) who are under 21 years of age and with respect to whom supplemental security income benefits would be paid under title XVI if subparagraphs (A) and (B) of section 1611(c)(7) were applied without regard to the phrase `the first day of the month following'''. (b) Effective Date.--The amendments made by subsection (a) shall apply to medical assistance for items and services furnished on or after the first day of the first calendar quarter that begins after the date of enactment of this Act.

Family Opportunity Act of 2003 or Dylan Lee James Act - Amends title XIX (Medicaid) of the Social Security Act (SSA) to: (1) give States the option of allowing families of disabled children to purchase Medicaid coverage for them; and (2) provide for treatment of inpatient psychiatric hospital services for individuals under age 21 under waivers allowing for payment of part or all of the cost of home or community-based services.Amends SSA title V (Maternal and Child Health Services) to make appropriations to the Secretary of Health and Human Services for special projects of regional and national significance for development and support of family-to-family health information centers.Amends SSA title XIX to provide for the restoration of Medicaid eligibility to certain Supplemental Security Income (SSA title XVI) beneficiaries under age 21.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National All Schedules Prescription Electronic Reporting Reauthorization Act of 2010''. SEC. 2. AMENDMENT TO PURPOSE. Paragraph (1) of section 2 of the National All Schedules Prescription Electronic Reporting Act of 2005 (Public Law 109-60) is amended to read as follows: ``(1) foster the establishment of State-administered controlled substance monitoring systems in order to ensure that-- ``(A) health care providers have access to the accurate, timely prescription history information that they may use as a tool for the early identification of patients at risk for addiction in order to initiate appropriate medical interventions and avert the tragic personal, family, and community consequences of untreated addiction; and ``(B) appropriate law enforcement, regulatory, and State professional licensing authorities have access to prescription history information for the purposes of investigating drug diversion and prescribing and dispensing practices of errant prescribers or pharmacists; and''. SEC. 3. AMENDMENTS TO CONTROLLED SUBSTANCE MONITORING PROGRAM. Section 399O of the Public Health Service Act (42 U.S.C. 280g-3) is amended-- (1) in subsection (a)(1)-- (A) in subparagraph (A), by striking ``or''; (B) in subparagraph (B), by striking the period at the end and inserting ``; or''; and (C) by adding at the end the following: ``(C) to maintain and operate an existing State controlled substance monitoring program.''; (2) by amending subsection (b) to read as follows: ``(b) Minimum Requirements.--The Secretary shall maintain and, as appropriate, supplement or revise (after publishing proposed additions and revisions in the Federal Register and receiving public comments thereon) minimum requirements for criteria to be used by States for purposes of clauses (ii), (v), (vi), and (vii) of subsection (c)(1)(A).''; (3) in subsection (c)-- (A) in paragraph (1)(B)-- (i) in the matter preceding clause (i), by striking ``(a)(1)(B)'' and inserting ``(a)(1)(B) or (a)(1)(C)''; (ii) in clause (i), by striking ``program to be improved'' and inserting ``program to be improved or maintained''; and (iii) in clause (iv), by striking ``public health'' and inserting ``public health or public safety''; (B) in paragraph (3)-- (i) by striking ``If a State that submits'' and inserting the following: ``(A) In general.--If a State that submits''; (ii) by inserting before the period at the end ``and include timelines for full implementation of such interoperability''; and (iii) by adding at the end the following: ``(B) Monitoring of efforts.--The Secretary shall monitor State efforts to achieve interoperability, as described in subparagraph (A).''; (C) in paragraph (5)-- (i) by striking ``implement or improve'' and inserting ``establish, improve, or maintain''; and (ii) by adding at the end the following: ``The Secretary shall redistribute any funds that are so returned among the remaining grantees under this section in accordance with the formula described in subsection (a)(2)(B).''; (4) in the matter preceding paragraph (1) in subsection (d), by striking ``In implementing or improving'' all that follows through ``with the following:'' and inserting ``In establishing, improving, or maintaining a controlled substance monitoring program under this section, a State shall comply, or with respect to a State that applies for a grant under subsection (a)(1)(B) or (C) submit to the Secretary for approval a statement of why such compliance is not feasible and a plan for bringing the State into compliance, with the following:''; (5) in subsections (e), (f)(1), and (g), by striking ``implementing or improving'' each place it appears and inserting ``establishing, improving, or maintaining''; (6) in subsection (f)-- (A) in paragraph (1)(B) by striking ``misuse of a schedule II, III, or IV substance'' and inserting ``misuse of a controlled substance included in schedule II, III, or IV of section 202(c) of the Controlled Substance Act''; and (B) add at the end the following: ``(3) Evaluation and reporting.--Subject to subsection (g), a State receiving a grant under subsection (a) shall provide the Secretary with aggregate data and other information determined by the Secretary to be necessary to enable the Secretary-- ``(A) to evaluate the success of the State's program in achieving its purposes; or ``(B) to prepare and submit the report to Congress required by subsection (k)(2). ``(4) Research by other entities.--A department, program, or administration receiving nonidentifiable information under paragraph (1)(D) may make such information available to other entities for research purposes.''; (7) by redesignating subsections (h) through (n) as subsections (i) through (o), respectively; (8) in subsections (c)(1)(A)(iv) and (d)(4), by striking ``subsection (h)'' each place it appears and inserting ``subsection (i)''; (9) by inserting after subsection (g) the following: ``(h) Education and Access to the Monitoring System.--A State receiving a grant under subsection (a) shall take steps to-- ``(1) facilitate prescriber use of the State's controlled substance monitoring system; and ``(2) educate prescribers on the benefits of the system both to them and society.''; (10) in subsection (m)(1), as redesignated, by striking ``establishment, implementation, or improvement'' and inserting ``establishment, improvement, or maintenance''; (11) in subsection (n)(8), as redesignated, by striking ``and the District of Columbia'' and inserting ``, the District of Columbia, and any commonwealth or territory of the United States''; and (12) by amending subsection (o), as redesignated, to read as follows: ``(o) Authorization of Appropriation.--To carry out this section, there are authorized to be appropriated $15,000,000 for fiscal year 2011 and $10,000,000 for each of fiscal years 2012 through 2015.''. SEC. 4. AMENDMENTS TO TITLE 38. (a) Exception With Respect to Confidential Nature of Claims.-- Section 5701 of title 38, United States Code, is amended by adding at the end the following new subsection: ``(l) Under regulations the Secretary shall prescribe, the Secretary may disclose information about a veteran or the dependant of a veteran to a State controlled substance monitoring program, including a program approved by the Secretary of Health and Human Services under section 399O of the Public Health Service Act (42 U.S.C. 280g-3), to the extent necessary to prevent misuse and diversion of prescription medicines.''. (b) Exception With Respect to Confidentiality of Certain Medical Records.--Section 7332(b)(2) of such title is amended by adding at the end the following new subparagraph: ``(G) To a State controlled substance monitoring program, including a program approved by the Secretary of Health and Human Services under section 399O of the Public Health Service Act (42 U.S.C. 280g-3), to the extent necessary to prevent misuse and diversion of prescription medicines.''. (c) Report.-- (1) In general.--Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to Congress a report on the participation of the Department of Veterans Affairs in State controlled substance monitoring programs, including programs approved by the Secretary of Health and Human Services under section 399O of the Public Health Service Act (42 U.S.C. 280g-3). (2) Elements.--The report required by paragraph (1) shall include the following: (A) A summary of the activities of the Department of Veterans Affairs relating to programs described in paragraph (1). (B) A list of the programs described in paragraph (1) in which the Department is participating. (C) A description of how the Secretary determines which programs described in paragraph (1) in which to participate. (D) The status of the regulations, if any, prescribed by the Secretary under section 5701(l) of title 38, United States Code, as added by subsection (a) of this section.

National All Schedules Prescription Electronic Reporting Reauthorization Act of 2010 - Amends the National All Schedules Prescription Electronic Reporting Act of 2005 to include as a purpose of such Act to foster the establishment of state-administered controlled substance monitoring systems in order to ensure that appropriate law enforcement, regulatory, and state professional licensing authorities have access to prescription history information for the purposes of investigating drug diversion and prescribing and dispensing practices of errant prescribers or pharmacists. Amends the Public Health Service Act to revise and update the controlled substance monitoring program, including to: (1) allow grants to be used to maintain and operate existing state controlled substance monitoring programs; (2) require the Secretary of Health and Human Services (HHS) to redistribute any funds that are returned among the remaining grantees; (3) require a state that is not in compliance with the requirements for such program to submit a plan for bringing the state into compliance; and (4) require a state to provide the Secretary with aggregate data and other information to enable the Secretary to evaluate the success of the state's program and to submit a progress report to Congress. Requires a state receiving a grant to: (1) facilitate prescriber use of the state's controlled substance monitoring system; and (2) educate prescribers on the benefits of the system both to them and society. Authorizes the Secretary of Veterans Affairs to disclose information about a veteran or the dependent of a veteran to a state controlled substance monitoring program to the extent necessary to prevent misuse and diversion of prescription medicines.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Auction Reform Act of 2002''. SEC. 2. FINDINGS. Congress finds the following: (1) Circumstances in the telecommunications market have changed dramatically since the auctioning of spectrum in the 700 megahertz band was originally mandated by Congress in 1997, raising serious questions as to whether the original deadlines, or the subsequent revision of the deadlines, are consistent with sound telecommunications policy and spectrum management principles. (2) No comprehensive plan yet exists for allocating additional spectrum for third-generation wireless and other advanced communications services. The Federal Communications Commission should have the flexibility to auction frequencies in the 700 megahertz band for such purposes. (3) The study being conducted by the National Telecommunications and Information Administration in consultation with the Department of Defense to determine whether the Department of Defense can share or relinquish additional spectrum for third generation wireless and other advanced communications services will not be completed until after the June 19th auction date for the upper 700 megahertz band, and long after the applications must be filed to participate in the auction, thereby creating further uncertainty as to whether the frequencies in the 700 megahertz band will be put to their highest and best use for the benefit of consumers. (4) The Federal Communications Commission is also in the process of determining how to resolve the interference problems that exist in the 800 megahertz band, especially for public safety. One option being considered for the 800 megahertz band would involve the 700 megahertz band. The Commission should not hold the 700 megahertz auction before the 800 megahertz interference issues are resolved or a tenable plan has been conceived. (5) The 700 megahertz band is currently occupied by television broadcasters, and will be so until the transfer to digital television is completed. This situation creates a tremendous amount of uncertainty concerning when the spectrum will be available and reduces the value placed on the spectrum by potential bidders. The encumbrance of the 700 megahertz band reduces both the amount of money that the auction would be likely to produce and the probability that the spectrum would be purchased by the entities that valued the spectrum the most and would put the spectrum to its most productive use. (6) The Commission's rules governing voluntary mechanisms for vacating the 700 megahertz band by broadcast stations-- (A) produced no certainty that the band would be available for advanced mobile communications services, public safety operations, or other wireless services any earlier than the existing statutory framework provides; and (B) should advance the transition of digital television and must not result in the unjust enrichment of any incumbent licensee. SEC. 3. ELIMINATION OF STATUTORY DEADLINES FOR SPECTRUM AUCTIONS. (a) FCC To Determine Timing of Auctions.--Section 309(j) of the Communications Act of 1934 (47 U.S.C. 309(j)) is amended by adding at the end the following new paragraph: ``(15) Commission to determine timing of auctions.-- ``(A) Commission authority.--Subject to the provisions of this subsection (including paragraph (11)), but notwithstanding any other provision of law, the Commission shall determine the timing of and deadlines for the conduct of competitive bidding under this subsection, including the timing of and deadlines for qualifying for bidding; conducting auctions; collecting, depositing, and reporting revenues; and completing licensing processes and assigning licenses. ``(B) Termination of portions of auctions 31 and 44.-- Except as provided in subparagraph (C), the Commission shall not commence or conduct auctions 31 and 44 on June 19, 2002, as specified in the public notices of March 19, 2002, and March 20, 2002 (DA 02-659 and DA 02-563). ``(C) Exception.-- ``(i) Blocks excepted.--Subparagraph (B) shall not apply to the auction of-- ``(I) the C-block of licenses on the bands of frequencies located at 710-716 megahertz, and 740-746 megahertz; or ``(II) the D-block of licenses on the bands of frequencies located at 716-722 megahertz. ``(ii) Eligible bidders.--The entities that shall be eligible to bid in the auction of the C-block and D-block licenses described in clause (i) shall be those entities that were qualified entities, and that submitted applications to participate in auction 44, by May 8, 2002, as part of the original auction 44 short form filing deadline. ``(iii) Auction deadlines for excepted blocks.-- Notwithstanding subparagraph (B), the auction of the C- block and D-block licenses described in clause (i) shall be commenced no earlier than August 19, 2002, and no later than September 19, 2002, and the proceeds of such auction shall be deposited in accordance with paragraph (8) not later than December 31, 2002. ``(iv) Report.--Within one year after the date of enactment of this paragraph, the Commission shall submit a report to Congress-- ``(I) specifying when the Commission intends to reschedule auctions 31 and 44 (other than the blocks excepted by clause (i)); and ``(II) describing the progress made by the Commission in the digital television transition and in the assignment and allocation of additional spectrum for advanced mobile communications services that warrants the scheduling of such auctions. ``(D) Return of payments.--Within one month after the date of enactment of this paragraph, the Commission shall return to the bidders for licenses in the A-block, B-block, and E-block of auction 44 the full amount of all upfront payments made by such bidders for such licenses.''. (b) Conforming Amendments.-- (1) Communications act of 1934.--Section 309(j)(14)(C)(ii) of the Communications Act of 1934 (47 U.S.C. 309(j)(14)(C)(ii)) is amended by striking the second sentence. (2) Balanced budget act of 1997.--Section 3007 of the Balanced Budget Act of 1997 (111 Stat. 269) is repealed. (3) Consolidated appropriations act.--Paragraphs (2) and (3) of section 213(a) of H.R. 3425 of the 106th Congress, as enacted into law by section 1000(a)(5) of An Act making consolidated appropriations for the fiscal year ending September 30, 2000, and for other purposes (Public Law 106-113; 113 Stat. 1501A-295), are repealed. SEC. 4. COMPLIANCE WITH AUCTION AUTHORITY. The Federal Communications Commission shall conduct rescheduled auctions 31 and 44 prior to the expiration of the auction authority under section 309(j)(11) of the Communications Act of 1934 (47 U.S.C. 309(j)(11)). SEC. 5. PRESERVATION OF BROADCASTER OBLIGATIONS. Nothing in this Act shall be construed to relieve television broadcast station licensees of the obligation to complete the digital television service conversion as required by section 309(j)(14) of the Communications Act of 1934 (47 U.S.C. 309(j)(14)). SEC. 6. INTERFERENCE PROTECTION. (a) Interference Waivers.--In granting a request by a television broadcast station licensee assigned to any of channels 52-69 to utilize any channel of channels 2-51 that is assigned for digital broadcasting in order to continue analog broadcasting during the transition to digital broadcasting, the Federal Communications Commission may not, either at the time of the grant or thereafter, waive or otherwise reduce-- (1) the spacing requirements provided for analog broadcasting licensees within channels 2-51 as required by section 73.610 of the Commission's rules (and the table contained therein) (47 CFR 73.610), or (2) the interference standards provided for digital broadcasting licensees within channels 2-51 as required by sections 73.622 and 73.623 of such rules (47 CFR 73.622, 73.623), if such waiver or reduction will result in any degradation in or loss of service, or an increased level of interference, to any television household except as the Commission's rules would otherwise expressly permit, exclusive of any waivers previously granted. (b) Exception for Public Safety Channel Clearing.--The restrictions in subsection (a) shall not apply to a station licensee that is seeking authority (either by waiver or otherwise) to vacate the frequencies that constitute television channel 63, 64, 68, or 69 in order to make such frequencies available for public safety purposes pursuant to the provisions of section 337 of the Communications Act of 1934 (47 U.S.C. 337). Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Auction Reform Act of 2002 - Amends the Communications Act of 1934 to require the Federal Communications Commission (FCC) to determine the timing of and deadlines for the conduct of competitive bidding for, and the auctioning of, electromagnetic spectrum used by analog television broadcasters.Prohibits the FCC from commencing or conducting spectrum auctions 31 and 44 on June 19, 2002. Provides exceptions for the auction of certain C- and D-block licenses within the 700 megahertz band, requiring that auction to occur between August 19 and September 19, 2002. Requires the FCC to: (1) report to Congress specifying when it intends to reschedule such auctions and describing progress made in the transition from analog to digital television and in the assignment and allocation of additional spectrum for advanced mobile communications services that warrants the scheduling of such auctions; (2) return to the bidders for specified licenses of auction 44 the full amount of all up-front payments made; and (3) conduct auctions 31 and 44 prior to the September 30, 2007, termination of such auction authority.States that nothing in this Act shall be construed to relieve television broadcast licensees of their current obligation to complete conversion from analog to digital television.Prohibits the FCC, in granting a request by a television broadcast station licensee assigned to any of channels 52-69 to utilize any of channels 2-51 assigned for digital broadcasting in order to continue analog broadcasting during the transition to digital broadcasting, from waiving or otherwise reducing the current spacing requirements provided for analog broadcasting licensees within channels 2-51, or the interference standards provided for digital broadcasting licensees within such channels, if such waiver or reduction will result in any degradation or loss of service or an increased level of interference to any television household except as the FCC's rules would otherwise expressly permit. (Excludes any waivers previously granted.) Makes such restrictions inapplicable to a licensee seeking authority to vacate the frequencies that constitute channels 63, 64, 68, or 69 in order to make such frequencies available for public safety purposes.

SECTION 1. EXCLUSION OF WATER CONSERVATION SUBSIDIES PROVIDED BY WATER UTILITIES. (a) General Rule.--Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to amounts 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. WATER CONSERVATION SUBSIDIES PROVIDED BY WATER UTILITIES. ``(a) Exclusion.--Gross income shall not include the value of any subsidy provided (directly or indirectly) by a water utility to a customer for the purchase or installation of any water conservation measure. ``(b) Denial of Double Benefit.--Notwithstanding any other provision of this subtitle, no deduction or credit shall be allowed for, or by reason of, any expenditure to the extent of the amount excluded under subsection (a) for any subsidy which was provided with respect to such expenditure. The adjusted basis of any property shall be reduced by the amount excluded under subsection (a) which was provided with respect to such property. ``(c) Water Conservation Measure.--For purposes of this section-- ``(1) In general.--The term `water conservation measure' means any installation or modification primarily designed to reduce consumption of water or to improve the management of water demand with respect to any property. The purchase and installation of specially defined water property shall be treated as a water conservation measure. ``(2) Specially defined water property.--For purposes of paragraph (1), the term `specially defined water property' means-- ``(A) a toilet using 1.6 gallons or less per flush for gravity designs and 2.5 gallons or less per flush for flush valve style pressure-assisted designs, ``(B) a urinal using 1.0 gallons or less per flush, ``(C) a laundry machine using 11.0 gallons or less per cubic foot of capacity per complete washing cycle, ``(D) a dishwasher using 2.0 gallons or less per cubic foot of capacity per complete washing cycle, ``(E) a faucet equipped with an aerator or flow control which restricts the flow to 2.5 gallons or less per minute at 65 psi, and ``(F) a shower head which restricts the flow to 2.5 gallons or less per minute at 65 psi. ``(3) Certain other property treated as specially defined water property.--For purposes of paragraph (1), the term `specially defined water property' includes-- ``(A) equipment which automatically reduces the pressure (or controls the flow) of water, ``(B) water recycling, recirculation, and reuse equipment, ``(C) cooling equipment, ``(D) equipment using treatment processes which optimize water cycling, ``(E) equipment and facilities which use treated municipal effluent (instead of drinking quality water) for non-potable applications, thereby reducing the demand for drinking quality water, ``(F) evapotranspiration stations, software, and controllers, ``(G) tank and reservoir covers and liners, ``(H) sub-metering, overflow and other monitoring control systems which improve operating efficiencies and identify water loss or equipment maintenance needs directly associated with inefficient water use, ``(I) equipment to identify and repair water leaks, and ``(J) any other property of a kind specified by the Secretary by regulations, the principal purpose of which is reducing water consumption. ``(4) Water efficiency of property must exceed local code requirements.--The term `specially defined water property' does not include any property if-- ``(A) such property is required under local building standards or codes to meet water efficiency standards, and ``(B) the water efficiency rating of such property does not exceed such standards. ``(5) Leak identification and repair services included.-- The term `water conservation measure' includes services to identify and repair water leaks. ``(6) Certain landscape measures included.--The term `water conservation measure' includes landscape measures that improve soil moisture retention by reducing water lost to evaporation. ``(d) Water Utility.--For purposes of this section, the term `water utility' means any person engaged in the furnishing or sale of water if the rates for such furnishing or sale have been established or approved by a State or political subdivision thereof, by any agency or instrumentality of the United States, or by a public utility or public service commission or other similar body of any State or political subdivision thereof or of the District of Columbia. For purposes of the preceding sentence, the term `person' includes the Federal Government, a State or local government or any political subdivision thereof, and any instrumentality of any of the foregoing.'' (b) Clerical Amendment.--The table of sections for part III of subchapter B of chapter 1 of such Code is amended by striking the item relating to section 137 and inserting: ``Sec. 137. Water conservation subsidies provided by water utilities. ``Sec. 138. Cross reference to other Acts.'' (c) Effective Date.--The amendments made by this section shall apply to amounts received after December 31, 1993. SEC. 2. WATER CONSERVATION EXPENDITURES BY WATER UTILITIES. (a) In General.--Part VI of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to itemized deductions for individuals and corporations) is amended by inserting after section 197 the following new section: ``SEC. 198. WATER CONSERVATION EXPENDITURES BY WATER UTILITIES. ``(a) General Rule.--In the case of a water utility (as defined in section 137(d)), there shall be allowed as a deduction for the taxable year an amount equal to the water conservation expenditures paid or incurred by the taxpayer during such taxable year. ``(b) Water Conservation Expenditures.--For purposes of this section, the term `water conservation expenditures' means expenditures for subsidies provided directly or indirectly to customers for the purchase, installation, or modification of any device or service primarily designed to reduce consumption of water or to improve the management of water demand. Such term shall not include any expenditure taken into account in determining the basis of any tangible property which is owned by the taxpayer and which is of a character subject to the allowance for depreciation.'' (b) Conforming Amendments.-- (1) Paragraph (1) of section 263(a) of such Code is amended by striking ``; or'' at the end of subparagraph (F) and inserting a comma, by striking the period at the end of subparagraph (G) and inserting ``, or'', and by adding at the end thereof the following new subparagraph: ``(H) expenditures for which a deduction is allowed under section 198.'' (2) The table of sections for part VI of subchapter B of chapter 1 of such Code is amended by adding at the end thereof the following new item: ``Sec. 198. Water conservation expenditures by water utilities.'' (c) Effective Date.--The amendments made by this section shall apply to expenditures paid or incurred in taxable years beginning after December 31, 1993.

Amends the Internal Revenue Code to exclude from gross income the value of any subsidy provided by a public utility to a customer for the purchase or installation of energy or water conservation measures. Allows water utilities a deduction for water conservation expenditures.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Aviation Security Act of 1996''. SEC. 2. ENHANCED SECURITY PROGRAMS. (a) In General.--Chapter 449 of title 49, United States Code, is amended by adding at the end of subchapter I the following new sections: ``Sec. 44916. Enhancement of aviation security ``(a) In General.--The Secretary of Transportation (hereafter in this section referred to as the `Secretary'), in consultation with the Administrator of the Federal Aviation Administration (hereafter in this section referred to as the `Administrator') and other appropriate officials of the Federal Aviation Administration, shall provide for the enhancement of aviation security programs under the jurisdiction of the Federal Aviation Administration in accordance with this section. ``(b) Improvements in the Examination of Cargo and Checked Baggage.--The Secretary, in consultation with the Administrator, shall-- ``(1) review applicable procedures and requirements relating to the security issues concerning screening and examination of cargo and checked baggage to be placed on flights involving intrastate, interstate, or foreign air transportation that are in effect at the time of the review; and ``(2) on the basis of that review, develop and implement procedures and requirements that are more stringent than those referred to in paragraph (1) for the screening and examination of cargo and checked baggage to be placed on flights referred to in that subparagraph, including procedures that ensure that only personnel with unescorted access privileges have unescorted access at the airport to-- ``(A) an aircraft; ``(B) cargo or checked baggage that is loaded onto an aircraft; ``(C) a cargo hold on an aircraft before passengers are loaded and after passengers debark; ``(D) an aircraft servicing area; or ``(E) a secured area of an airport. ``(c) Profiles for Risk Assessment and Risk Reduction Measures.-- ``(1) In general.--The Secretary, in consultation with the Administrator and appropriate officials of other Federal agencies, shall develop and implement, a methodology to profile the types of passengers, cargo, and air transportation that present, or are most susceptible to, a significant degree of risk with respect to aviation security. ``(2) Risk reduction measures.--In addition to developing the methodology for profiles under paragraph (1), the Secretary, in consultation with the Administrator, shall develop and implement measures to address sources that contribute to a significant degree of risk with respect to aviation security, including improved methods for matching and searching luggage or other cargo. ``(d) Explosive Detection.-- ``(1) In general.--The Secretary and the Administrator, in accordance with this section, and section 44913, shall ensure the deployment, by not later than the date specified in subsection (j), of explosive detection equipment that incorporates the best available technology for explosive detection in airports-- ``(A) selected by the Secretary on the basis of risk assessments; and ``(B) covered under the plan under paragraph (2). ``(2) Plan.--The deployment of explosive detection equipment under paragraph (1) shall be carried out in accordance with a plan prepared by the Secretary, in consultation with the Administrator and other appropriate officials of the Federal Government, to expedite the installation and deployment of that equipment. ``(3) Report.-- ``(A) In general.--Not later than 1 year after the date of enactment of this section, and annually thereafter, the Secretary shall submit to the Speaker of the House of Representatives and the President pro tempore of the Senate a report on the deployment of explosive detection devices pursuant to the plan developed under paragraph (2). ``(B) Treatment of classified information.--No officer or employee of the Federal Government (including any Member of Congress) may disclose to any person other than another official of the Federal Government in accordance with applicable Federal law, any information in the report under subparagraph (A) that is classified. ``(e) Enhanced Screening of Personnel.-- ``(1) In general.--The Secretary, in consultation with the Administrator, shall establish a program for enhancing the screening of personnel of air carriers or contractors of air carriers (or subcontractors thereof) who-- ``(A) in the course of their employment have-- ``(i) unescorted access privileges to-- ``(I) an aircraft; ``(II) cargo or checked baggage that is loaded onto an aircraft; ``(III) a cargo hold on an aircraft; or ``(IV) an aircraft servicing area; or ``(ii) security responsibilities that affect the access and passage of passengers or cargo in aircraft referred to in subparagraph (A); and ``(B) any immediate supervisor of an individual referred to in subparagraph (A). ``(2) Training.-- ``(A) In general.--The Secretary, in consultation with the Administrator, shall-- ``(i) review regulations and standards relating to the training of personnel referred to in paragraph (1) that are in effect at the time of the review; and ``(ii) on the basis of that review, prescribe such regulations and standards relating to minimum standards for training and certification as the Secretary determines to be appropriate. ``(B) Prohibition.--The fact that an individual received training in accordance with this paragraph may not be used as a defense in any action involving the negligence or intentional wrongdoing of that individual in carrying out airline security or in the conduct of intrastate, interstate, or foreign air transportation. ``(f) Performance-Based Measures.--The Secretary, in consultation with the Administrator, shall-- ``(1) develop and implement, by the date specified in subsection (j), performance-based measures for all security functions covered under this section that are carried out by personnel referred to in subsection (e)(1); and ``(2) require that air carriers and owners or operators of airports that provide intrastate, interstate, or foreign air transportation ensure that those measures are carried out. ``(g) Security Checks.-- ``(1) In general.--The Secretary, in consultation with the Administrator and other appropriate officers and employees of the Federal Government, shall, require comprehensive employment investigations to be conducted for any individual that is employed, or commences employment, in a position described in subsection (e)(1). ``(2) Criminal history check.--The employment investigations referred to in paragraph (1) shall include criminal history checks. Notwithstanding any other provision of law, a criminal history check may cover a period longer than the 10-year period immediately preceding-- ``(A) the initial date of employment of an individual by an employer; or ``(B) the date on which a criminal history check is conducted for an applicant for employment. ``(h) Administrative Actions.-- ``(1) In general.--The Secretary, in consultation with the Administrator, shall, as appropriate, specify appropriate administrative actions or violations of this section or the regulations prescribed under this section. ``(2) Orders.--The administrative actions referred to in paragraph (1) may include an order by the Secretary requiring, in accordance with applicable requirements of this subtitle and any other applicable law-- ``(A) the closure of an airport gate or area that the Secretary determines, on the basis of a risk assessment or inspection conducted under this section, should be secured in accordance with applicable requirements of this subtitle; or ``(B) the cancellation of a flight in intrastate, interstate, or foreign air transportation. ``(3) Notification.--If the Secretary carries out an administrative action under this subsection, the Secretary shall provide public notice of that action, except in any case in which the President determines that the disclosure of that information would not be in the national security or foreign policy interest of the United States. ``(i) Audits and Evaluations.-- ``(1) In general.--The Secretary shall require each air carrier and airport that provides for intrastate, interstate, or foreign air transportation to conduct periodic audits and evaluations of the security systems of that air carrier or airport. ``(2) Reports.--Not later than 1 year after the date of enactment of this section, and annually thereafter, each air carrier and airport referred to in paragraph (1) shall submit to the Secretary a report on the audits and evaluations conducted by the air carrier or airport under this subsection. ``(3) Investigations.--The Secretary, in consultation with the Administrator, shall conduct periodic and unannounced inspections of security systems of airports and air carriers to determine whether the air carriers and airports are in compliance with the performance-based measures developed under subsection (f). To the extent allowable by law, the Secretary may provide for anonymous tests of the security systems referred to in the preceding sentence. ``(j) Regulations.--Not later than 180 days after the date of enactment of this section, the Secretary, in consultation with the Administrator and appropriate officers and employees of other Federal agencies, shall prescribe and implement such regulations as are necessary to carry out this section. ``(k) Modification of Existing Programs.--If the Secretary or the Administrator determines that a modification of a program in existence on the date specified in subsection (j) could be accomplished without prescribing regulations to meet the requirements of this section, the Secretary or the Administrator may make that modification in lieu of prescribing a regulation. ``Sec. 44917. Support for families of victims of transportation disasters ``(a) In General.-- ``(1) Establishment.--The President shall establish, within an appropriate Federal agency, an office to be known as the Office of Family Advocate. ``(2) Standards of conduct.-- ``(A) In general.--The head of the Federal agency specified in paragraph (1) (hereafter in this section referred to as the ``agency head''), acting through the Office of Family Advocate, shall develop standards of conduct for informing and supporting families of victims of accidents in air commerce and other transportation accidents involving any other form of transportation that is subject to the jurisdiction of the Department of Transportation. ``(B) Consultation.--In developing the standards under this paragraph, the agency head shall consult with-- ``(i) appropriate officers and employees of other Federal agencies; ``(ii) representatives of families of victims of accidents in air commerce and other transportation accidents referred to in subparagraph (A); ``(iii) individuals who are experts in psychology and trauma counseling; and ``(iv) representatives of air carriers. ``(3) Third party involvement.-- ``(A) In general.--The agency head, acting through the Office of Family Advocate, shall provide for counseling, support, and protection for the families of victims of transportation accidents referred to in paragraph (2)(A) by-- ``(i) consulting with a nongovernmental organization that the agency head determines to have appropriate experience and expertise; and ``(ii) if appropriate, entering into an agreement with a nongovernmental organization or the head of another appropriate Federal agency (including the Director of the Federal Emergency Management Agency) to provide those services. ``(b) Passenger Information.-- ``(1) In general.--The Secretary of Transportation (hereafter in this section referred to as the `Secretary') shall require each air carrier that provides intrastate, interstate, or foreign air transportation to obtain, at the time of purchase of passage, from each passenger that purchases passage on a flight-- ``(A) the full name, address, and daytime and evening telephone numbers of the passenger; and ``(B) the full name and daytime and evening telephone numbers of a contact person designated by the passenger. ``(2) Requirement for air carriers.-- ``(A) In general.--The Secretary shall require each air carrier that provides intrastate, interstate, or foreign air transportation to provide the information obtained for a flight under paragraph (1) only-- ``(i) in the event of an accident in air commerce in which a serious injury or crime (as determined by the Secretary) or death occurs; and ``(ii) in accordance with section 552a of title 5, United States Code. ``(B) Provision of information.--In the event of an accident in air commerce described in subparagraph (A), if the flight involves-- ``(i) intrastate or interstate air transportation, the air carrier shall provide the information required to be submitted under subparagraph (A) not later than 3 hours after the accident occurs; or ``(ii) foreign air transportation, the air carrier shall provide such information not later than 4 hours after the accident occurs. ``Sec. 44918 Exemption; fees ``(a) Exemption.--The regulations issued under sections 44916 and 44917 shall be exempt from any requirement for a cost-benefit analysis under chapter 8 of title 5, United States Code, or any other provision of Federal law. ``(b) Fees.-- ``(1) In general.--Subject to paragraph (2), the Secretary shall determine, and adjust on an annual basis, a fee that shall be assessed against each individual who purchases passage on a flight in intrastate, interstate, or foreign air transportation that is based on the estimated cost of carrying out sections 44916 and 44917. ``(2) Limitation on amount.--The amount of a fee assessed under this subsection shall not exceed $2 per flight, per passenger. ``(3) Aviation security account.-- ``(A) In general.--There shall be established within the Treasury of the United States, an Aviation Security Account. The fees collected under this subsection shall be deposited into that account. ``(B) Use of funds in account.--The Secretary of the Treasury shall make the funds in the account available only to-- ``(i) the Secretary of Transportation for use by the Secretary in accordance with section 44916; and ``(ii) the agency head specified by the President under section 44917, for use by that agency head in accordance with that section.''. (b) Employment Investigations and Restrictions.--Section 44936(b)(1)(B) of title 49, United States Code, is amended by striking ``, in the 10-year period ending on the date of the investigation,''. (c) Conforming Amendment.--The analysis for subchapter I of chapter 449 of title 49, United States Code, is amended by adding at the end the following new items: ``44916. Enhancement of aviation security. ``44917. Support for families of victims of transportation disasters. ``44918. Exemption; fees.''.

Aviation Security Act of 1996 - Amends Federal aviation law to direct the Secretary of Transportation to provide for the enhancement of Federal Aviation Administration (FAA) aviation security programs, including: (1) the development of more stringent procedures for the screening of cargo and checked baggage; (2) the development of a methodology to profile the types of passengers, cargo, and air transportation that present a significant degree of risk to aviation security, including improved methods for matching and searching luggage or other cargo; (3) the deployment of explosive detection equipment in airports; (4) the establishment of a program for enhancing the screening and training of air carrier personnel (and subcontractors), including requiring employment security and criminal history checks on such personnel; and (5) the development of performance-based measures for all security functions covered by this Act. Directs the President to establish, within the appropriate Federal agency, the Office of Family Advocate, which shall develop standards of conduct for informing and supporting families of victims of aircraft accidents. Directs the Secretary to assess a fee against each airline passenger, which shall be deposited into a new Aviation Security Account, established by this Act to fund aviation security enhancement activities.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Traditional Use Protection Act of 2008''. SEC. 2. SUPPORT FOR THE TRADITIONAL USE OF LANDS. (a) Grants.--The Chief of the Forest Service shall establish a program to award grants, on a competitive basis, to States for the purpose of allowing such States-- (1) to acquire the rights to land to make such land available to the public for traditional use; and (2) to make subgrants to an entity to allow such entity to acquire the rights to land to make such land available to the public for traditional use. (b) Requirements for Use of Funds.-- (1) In general.--A State shall use the funds received under this section only-- (A) to purchase land, acquire an easement, or take other actions to acquire rights to land, as long as such purchase, acquisition, or other action results in the State holding rights to the land in perpetuity; and (B) to make a subgrant to an entity to allow such entity to purchase land, acquire an easement, or take other actions to acquire rights to land, as long as such purchase, acquisition, or other action results in the entity holding rights to the land in perpetuity. (2) Willing sellers.--A State or entity may only use funds received through a grant or subgrant under subsection (a) to acquire rights to land from a willing seller. (3) Eminent domain prohibited.--A State may not use funds received through a grant under subsection (a) to acquire land through eminent domain. (c) Access.--A State or entity shall make any land purchased, acquired, or otherwise obtained using funds received through a grant or subgrant under subsection (a) available to the public for appropriate traditional use, as determined by the State. (d) Application.-- (1) In general.--To be considered for a grant under this section, a State shall submit to the Chief an application at such time and in such manner as the Chief may require. (2) Contents.--The application shall include the following: (A) Information demonstrating the commitment of the State to stewardship and maintenance of land currently held by the State for traditional and recreational use (including park land). (B) Certification by the State that the State maintains a landowner relations program. (C) A copy of the comprehensive State plan. (D) Such information as the Chief may require. (e) Cost Sharing.--The amount of any grant under this section may not exceed 75 percent of the total cost of the land rights acquired with the grant. (f) Publication of Criteria.--Not later than 60 days after the date of enactment of this Act, the Chief shall publish criteria for making grants under subsection (a) in the Federal Register. (g) Report.--Not later than one year after the date of enactment of this Act, and annually thereafter, the Chief shall submit to Congress a report on the grant program established under subsection (a). (h) Definitions.--For purposes of this section: (1) Chief.--The term ``Chief'' means the Chief of the Forest Service. (2) Comprehensive state plan.--The term ``comprehensive State plan'' means a comprehensive plan developed by the State, regarding recreational access to and conservation of land in the State, that-- (A) is developed through a process that involves interested persons from both the public and private sectors, including landowners; and (B) includes strategies for developing partnerships between the public and private sectors to develop, improve, and preserve traditional recreational opportunities. (3) Landowner relations program.--The term ``landowner relations program'' means a program established by the State that-- (A) engages private landowners to facilitate public access to their property for traditional use; (B) addresses the concerns of landowners relating to public access to private land; and (C) serves as a clearinghouse for information about rules, regulations, certifications, and procedures for land use. (4) Program.--The term ``program'' means the grant program established under subsection (a). (5) Traditional use.-- (A) In general.--Except as provided in subparagraph (B), the term ``traditional use'' has the meaning given that term by the State receiving a grant under subsection (a). Such term may include hunting, fishing, access to water, motorized recreation, hiking, bird watching, and non-motorized recreational activities. (B) Exclusion.--The term ``traditional use'' does not include residential or commercial development. SEC. 3. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to the Chief to carry out this Act, $50,000,000 for each fiscal year from 2009 through 2013.

Traditional Use Protection Act of 2008 - Directs the Forest Service to establish a grant program to allow states to acquire land rights in perpetuity in order to preserve and maintain such land for traditional use (hunting, fishing, access to water, motorized recreation, hiking, bird watching, and non-motorized recreational activities) by the public, or to make subgrants to an entity for such purposes. Requires that land rights be acquired only from a willing seller. Prohibits acquisition through eminent domain.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Advancing Cybersecurity Diagnostics and Mitigation Act''. SEC. 2. ESTABLISHMENT OF CONTINUOUS DIAGNOSTICS AND MITIGATION PROGRAM IN DEPARTMENT OF HOMELAND SECURITY. (a) In General.--Section 230 of the Homeland Security Act of 2002 (6 U.S.C. 151) is amended by adding at the end the following new subsection: ``(g) Continuous Diagnostics and Mitigation.-- ``(1) Program.-- ``(A) In general.--The Secretary shall deploy, operate, and maintain a continuous diagnostics and mitigation program. Under such program, the Secretary shall-- ``(i) develop and provide the capability to collect, analyze, and visualize information relating to security data and cybersecurity risks; ``(ii) make program capabilities available for use, with or without reimbursement; ``(iii) employ shared services, collective purchasing, blanket purchase agreements, and any other economic or procurement models the Secretary determines appropriate to maximize the costs savings associated with implementing an information system; ``(iv) assist entities in setting information security priorities and managing cybersecurity risks; and ``(v) develop policies and procedures for reporting systemic cybersecurity risks and potential incidents based upon data collected under such program. ``(B) Regular improvement.--The Secretary shall regularly deploy new technologies and modify existing technologies to the continuous diagnostics and mitigation program required under subparagraph (A), as appropriate, to improve the program. ``(2) Activities.--In carrying out the continuous diagnostics and mitigation program under paragraph (1), the Secretary shall ensure, to the extent practicable, that-- ``(A) timely, actionable, and relevant cybersecurity risk information, assessments, and analysis are provided in real time; ``(B) share the analysis and products developed under such program; ``(C) all information, assessments, analyses, and raw data under such program is made available to the national cybersecurity and communications integration center of the Department; and ``(D) provide regular reports on cybersecurity risks.''. (b) Continuous Diagnostics and Mitigation Strategy.-- (1) In general.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security shall develop a comprehensive continuous diagnostics and mitigation strategy to carry out the continuous diagnostics and mitigation program required under subsection (g) of section 230 of such Act, as added by subsection (a). (2) Scope.--The strategy required under paragraph (1) shall include the following: (A) A description of the continuous diagnostics and mitigation program, including efforts by the Secretary of Homeland Security to assist with the deployment of program tools, capabilities, and services, from the inception of the program referred to in paragraph (1) to the date of the enactment of this Act. (B) A description of the coordination required to deploy, install, and maintain the tools, capabilities, and services that the Secretary of Homeland Security determines to be necessary to satisfy the requirements of such program. (C) A description of any obstacles facing the deployment, installation, and maintenance of tools, capabilities, and services under such program. (D) Recommendations and guidelines to help maintain and continuously upgrade tools, capabilities, and services provided under such program. (E) Recommendations for using the data collected by such program for creating a common framework for data analytics, visualization of enterprise-wide risks, and real-time reporting. (F) Recommendations for future efforts and activities, including for the rollout of new tools, capabilities and services, proposed timelines for delivery, and whether to continue the use of phased rollout plans, related to securing networks, devices, data, and information technology assets through the use of such program. (3) Form.--The strategy required under subparagraph (A) shall be submitted in an unclassified form, but may contain a classified annex. (c) Report.--Not later than 90 days after the development of the strategy required under subsection (b), the Secretary of Homeland Security shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representative a report on cybersecurity risk posture based on the data collected through the continuous diagnostics and mitigation program under subsection (g) of section 230 of the Homeland Security Act of 2002, as added by subsection (a). Passed the House of Representatives September 4, 2018. Attest: KAREN L. HAAS, Clerk.

Advancing Cybersecurity Diagnostics and Mitigation Act (Sec. 2) This bill directs the Department of Homeland Security (DHS) to: (1) deploy, operate, and maintain a continuous diagnostics and mitigation program to collect, analyze, and visualize security data and cybersecurity risk; (2) regularly deploy new technologies and modify existing technologies to improve such program; (3) develop a comprehensive strategy to carry out the program; and (4) report to the congressional homeland security committees on cybersecurity risk posture based on data collected through the program. In carrying out the program, DHS must ensure that cybersecurity risk information, assessments, and analyses are provided in real time and program information is available to the DHS national cybersecurity and communications integration center.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Home Health Care Prospective Payment Act''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Amendments to the Social Security Act. Sec. 3. Recapturing savings resulting from temporary freeze on payment increases for home health services. Sec. 4. Initial prospective payment for home health services. Sec. 5. Permanent prospective payment for home health services. Sec. 6. Payment based on location where home health service is furnished. Sec. 7. Elimination of periodic interim payments for home health agencies. Sec. 8. Establishment of home health benefit under Part A and transfer of other home health services to Part B. SEC. 2. AMENDMENTS TO THE SOCIAL SECURITY ACT. Whenever in this title an amendment is expressed in terms of an amendment to or repeal of section or other provision, the reference shall be considered to be made to that section or other provision of the Social Security Act. SEC. 3. RECAPTURING 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) (42 U.S.C. 1395x(v)(1)(L)) is amended by adding after subclause (iii) the following: ``(iv) In establishing limits under this subparagraph for cost reporting periods beginning after September 30, 1997, the Secretary shall not take into account any changes in the home health market basket, as determined by the Secretary, 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. SEC. 4. INITIAL PROSPECTIVE PAYMENT SYSTEM FOR HOME HEALTH SERVICES. (a) Reductions in Cost Limits.--Section 1861(v)(1)(L)(I) (42 U.S.C. 1395x(v)(1)(L)(I)) is amended-- (1) by inserting ``and before October 1, 1997,'' after ``July 1, 1987'' in subclause (III); (2) by striking the period at the end of the matter following subclause (III), and inserting ``, and''; and (3) by adding at the end the following new subclause: ``(IV) October 1, 1997, 105 percent of the median of the labor-related and nonlabor per visit costs for freestanding home health agencies.''. (b) Delay in Updates.--Section 1861(v)(1)(L)(iii) (42 U.S.C. 1395x(v)(1)(L)(iii)) is amended by adding ``, or on or after July 1, 1997, and before October 1, 1997'' after ``July 1, 1996''. (c) Additions to Predetermined Rates.--Section 1861(v)(1)(L) (42 U.S.C. 1395x(v)(1)(L)) is amended by inserting after clause (iii) the following: ``(iv) Rates for fiscal years 1998 through 1999.--For services furnished by home health agencies for cost reporting periods beginning on or after October 1, 1997, but before October 1, 1999, the Secretary shall provide for an interim system of rates. A rate shall be a payment equal to the lower of-- ``(I) cost determined under the preceding provisions of this subparagraph; or ``(II) an agency-specific per beneficiary annual limitation calculated from the agency's 12-month cost reporting period ending on or after January 1, 1993, and on or before December 31, 1993, based on reasonable costs (including nonroutine medical supplies), updated by the home health market basket index. The per beneficiary limitation shall be multiplied by the agency's unduplicated census count of patients (entitled to benefits under this title) for the year subject to the limitation or such other year determined by the Secretary to be required for the fair and efficient implementation of this section to determine the aggregate agency-specific per beneficiary limitation. ``(v) Special rules.--For services furnished by home health agencies for cost reporting periods beginning on or after October 1, 1997, the following rules apply: ``(I) For new providers and those providers without a 12-month cost reporting period ending in calendar year 1994, the per beneficiary limitation shall be equal to the mean of these limits (or the Secretary's best estimates thereof) applied to home health agencies as determined by the Secretary. Home health agencies that have altered their corporate structure or name shall not be considered new providers for payment purposes. ``(II) For beneficiaries who use services furnished by more than 1 home health agency, the per beneficiary limitations shall be prorated among the agencies.''. ``(vi) Incentive payments.--Home health agencies whose year end reasonable costs are below the agency's per beneficiary aggregate limit (including costs and utilization) shall receive 50 percent of the difference between the reasonable costs and the aggregate limit.''. (d) Development of Case Mix System.--The Secretary shall expand research on a prospective payment system for home health agencies that ties prospective payments to a unit of service, including an intensive effort to develop a reliable case mix adjuster that explains a significant amount of the variances in costs. (e) Submission of Data for Case Mix System.--Effective for cost reporting periods beginning on or after October 1, 1997, the Secretary may require all home health agencies to submit additional information that the Secretary considers necessary for the development of a reliable case mix system. SEC. 5. PERMANENT PROSPECTIVE PAYMENT FOR HOME HEALTH SERVICES. Title XVIII (42 U.S.C. 1395 et seq.) is amended by adding after section 1893 the following: ``SEC. 1894. PERMANENT PROSPECTIVE PAYMENT FOR HOME HEALTH SERVICES. ``(a) In General.--Notwithstanding section 1861(v), the Secretary, for cost reporting periods beginning on or after October 1, 1999, shall provide for payments for home health services in accordance with a prospective payment system established by the Secretary. ``(b) Elements of System.--Such a system shall include the following: ``(1) Prospective payment amount.--All services covered and paid on a reasonable cost basis under the medicare home health benefit as of the date of the enactment of the Balanced Budget Act of 1997, including medical supplies, shall be subject to the prospective payment amount. In defining a prospective payment amount, the Secretary shall consider an appropriate unit of service and the number of visits provided within that unit, potential changes in the mix of services provided within that unit and their cost, and a general system design that provides for continued access to quality services. The prospective payment amount shall be based on the most current audited cost report data available to the Secretary or such other year determined by the Secretary to be required for the fair and efficient implementation of this section. ``(2) Use of case mix.--The Secretary shall employ an appropriate case mix adjustment that explains a significant amount of the variation in cost. ``(3) Annual adjustments.--The prospective payment amount shall be adjusted annually by the home health market basket index. The labor portion of the prospective payment amount shall be adjusted for geographic differences in labor-related costs based on the most current hospital wage index. ``(4) Outliers.--The Secretary may designate a payment provision for outliers, recognizing the need to adjust payments because of unusual variations in the type or amount of medically necessary care. ``(5) Proration of prospective payment amounts.--If a beneficiary elects to transfer to, or receive services from, another home health agency within the period covered by the prospective payment amount, the payment shall be prorated between home health agencies. ``(c) Savings.--Prior to implementing the permanent prospective system described in subsections (a) and (b) in a budget neutral fashion, the Secretary first shall reduce, up to 15 percent, the rates and per beneficiary limits described in section 1861(v)(1)(L), as those limits are in effect on September 30, 1999, in order to assure the projected scorable savings of this Act.''. SEC. 6. PAYMENT BASED ON LOCATION WHERE HOME HEALTH SERVICE IS FURNISHED. (a) Conditions of Participation.--Section 1891 (42 U.S.C. 1395bbb) is amended by adding at the end the following: ``(g) Payment on Basis of Location of Service.--A home health agency shall submit claims for payment for home health services under this title only on the basis of the geographic location at which the service is furnished, as determined by the Secretary.''. (b) Wage Adjustment.--Section 1861(v)(1)(L)(iii) (42 U.S.C. 1395x(v)(1)(L)(iii)) is amended by striking ``agency is located'' and inserting ``service is furnished''. (c) Effective Date.--The amendments made by this section apply to cost reporting periods beginning on or after October 1, 1997. SEC. 7. ELIMINATION OF PERIODIC INTERIM PAYMENTS FOR HOME HEALTH AGENCIES. (a) In General.--Section 1815(e)(2) (42 U.S.C. 1395g(e)(2)) is amended-- (1) by inserting ``and'' at the end of subparagraph (C); (2) by striking subparagraph (D); and (3) by redesignating subparagraph (E) as (D). (b) Effective Date.--The amendments made by subsection (a) apply to payments made on or after the implementation of section 1894 (as added by section 11273 of this Act). SEC. 8. ESTABLISHMENT OF HOME HEALTH BENEFIT UNDER PART A AND TRANSFER OF OTHER HOME HEALTH SERVICES TO PART B. (a) In General.--Section 1812(a)(3) (42 U.S.C. 1395d(a)(3)) is amended by inserting ``for up to 100 visits'' before the semicolon. (b) Conforming Amendments.--Section 1812(b) (42 U.S.C. 1395d(b)) is amended-- (1) by striking ``or'' at the end of paragraph (2); (2) by striking the period at the end of paragraph (3) and inserting ``; or''; and (3) by adding after paragraph (3) the following: ``(4) home health services furnished to the individual beginning after such services have been furnished to the individual for a total of 100 visits.''. (c) Clarification of Part-Time or Intermittent Nursing Care.-- Section 1861(m) (42 U.S.C. 1395x(m)) is amended by adding at the end the following: ``For purposes of paragraphs (1) and (4), the term `part-time or intermittent services' means skilled nursing and home health aide services furnished any number of days per week as long as they are furnished (combined) less than 8 hours each day and 28 or fewer hours each week (or, subject to review on a case-by-case basis as to the need for care, less than 8 hours each day and 35 or fewer hours per week). For purposes of sections 1814(a)(2)(C) and 1835(a)(2)(A), `intermittent' means skilled nursing care that is either provided or needed on fewer than 7 days each week, or less than 8 hours of each day of skilled nursing and home health aide services combined for periods of 21 days or less (with extensions in exceptional circumstances when the need for additional care is finite and predictable).''. (d) Payments Under Part B.--Subparagraph (A) of section 1833(a)(2) (42 U.S.C. 1395l(a)(2)) is amended to read as follows: ``(A) with respect to home health services (other than a covered osteoporosis drug (as defined in section 1861(kk)), and to items and services described in section 1861(s)(10)(A), the amounts determined under section 1861(v)(1)(L) or section 1893, or, if the services are furnished by a public provider or services, or by another provider which demonstrates to the satisfaction of the Secretary that a significant portion of its patients are low-income (and requests that payment be made under this provision), free of charge, or at nominal charges to the public, the amount determined in accordance with section 1814(b)(2);''. (e) Exclusion of Additional Part B Costs From Determination of Part B Monthly Premium.--Section 1839(a) (42 U.S.C. 1395r(a)) is amended-- (1) in the second sentence of paragraph (3) (as amended by section 11301(a) of this Act), by inserting ``(except as provided in paragraph (5))'' before the period; and (2) by adding after paragraph (4) the following: ``(5) Exclusion of home health costs.--In estimating (for purposes of determining the monthly premium rate under paragraph (3)) the benefits and administrative costs which will be payable from the Federal Supplementary Medical Insurance Trust Fund for a year, the Secretary shall exclude an estimate of any benefits and administrative costs attributable to home health services for which payment would have been made under part A during the year but for paragraph (4) of section 1812(b).''. (f) Definition of Homebound.--Section 1814(a) (42 U.S.C. 1395f(a)) and section 1835(a) (42 U.S.C. 1395n(a)) are each amended by adding the following at the end: ``With respect to the previous two sentences, the individual must have a condition due to an illness or injury that restricts the individual's ability to leave the home for more than an average of 16 hours per calendar month for purposes other than to receive medical treatment that cannot be provided in the home; infrequent means an average of 5 or fewer absences per calendar month, excluding absences to receive medical treatment that cannot be furnished in the home; short duration means an absence from the home of 3 or fewer hours, on average per absence, within a calendar month excluding absences to receive medical treatment that cannot be furnished in the home; and medical treatment means services that are furnished by the physician or furnished based on and in conformance with the physician's order, by or under the supervision of a licensed health professional, and for the purpose of diagnosis or treatment of an illness or injury.''. (g) Normative Standards for Home Health Claims Denials.--Section 1862(a)(1) (42 U.S.C. 1395y(a)(1)) (as amended by section 11243(b)(2)(A) of this Act) is further amended-- (1) by striking ``and'' at the end of subparagraph (F); (2) by striking the semicolon at the end of subparagraph (G) and inserting ``, and''; and (3) by adding the following after subparagraph (G): ``(H) the frequency and duration of home health services which are in excess of normative guidelines that the Secretary shall establish by regulation;''. (h) Effective Date.-- (1) In general.--The amendments made by this section apply to services furnished on or after October 1, 1997. (2) Special rule.--If an individual is entitled to benefits under part A of title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.), but is not enrolled in the insurance program established by part B of that title, the individual also shall be entitled under part A of that title to home health services that are not posthospital home health services (as those terms are defined under that title) furnished before the 19th month that begins after the date of enactment of this Act.

Home Health Care Prospective Payment Act - Amends title XVIII (Medicare) of the Social Security Act, with respect to the reasonable cost of home health services, to prohibit the Secretary of Health and Human Services, in establishing reasonable cost limits for cost reporting periods after FY 1997, from taking into account any changes in the home health market basket for cost reporting periods between July 1, 1994, and July 1, 1996 (thus providing for the recapture of savings from the temporary freeze on payments for home health services from 1994 to 1996 in updating home health costs limits for FY 1998 and subsequent fiscal years). Reduces the reasonable cost limits for home health services after October 1, 1997, from 112 percent to 105 percent of the median of the labor-related and nonlabor per visit costs for freestanding home health agencies. Provides for: (1) establishment of an interim prospective payment system (PPS) for home health services, with rates calculated according to a specified formula, beginning in FY 1998, with a permanent PPS beginning in FY 2000; (2) reimbursement of home health service costs on the basis of the geographic location where the service is furnished; (3) elimination of periodic interim payments for home health services upon implementation of a permanent PPS; (4) limitation of Medicare part A (Hospital Insurance) coverage of home health services to the first 100 visits following a hospital stay; (5) the definition of coverage of intermittent and part-time nursing care; (6) exclusion of home health service costs from the calculation of Medicare part B (Supplementary Medical Insurance) monthly premiums; (7) further definition of "homebound"; and (8) denial of claims for home health services in excess of normative standards for the frequency and duration of care.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Teacher Mentoring Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) High-quality teaching is essential to improving the Nation's educational system. (2) High teacher turnover rates severely hamper the ability to create and maintain a high-quality teaching and learning environment. (3) Approximately one-third of the Nation's new teachers leave the teaching profession during their first 3 years of teaching, and almost one-half leave during their first 5 years of teaching. (4) Turnover is highest in low-income schools, where the turnover rate is almost one-third higher than the corresponding rate for all teachers in all schools. (5) Teachers who have left the profession report that better support for beginning teachers is among the 5 top policy reforms that would help school systems retain more teachers. (6) Teachers without mentoring programs have been shown to leave the profession at a rate almost 70 percent higher than those with mentoring programs. (7) It is in the best interest of the United States to ensure that all students have access to a high-quality education through the promotion of mentoring programs that assist in the development of highly qualified teachers, particularly in low-income areas. SEC. 3. GRANTS FOR TEACHER MENTORING PROGRAMS. (a) Grants.--Part C of title II of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6671 et seq.) is amended by adding at the end the following: ``Subpart 6--Teacher Mentoring Programs ``SEC. 2371. GRANT PROGRAM. ``(a) Establishment.--For the purpose of providing guidance and assistance to new teachers and improving teacher quality, the Secretary may award grants on a competitive basis to local educational agencies to establish or implement teacher mentoring programs. ``(b) Use of Funds.--The Secretary may not award a grant under this section to a local educational agency unless the agency agrees to use the grant to establish or implement a teacher mentoring program that-- ``(1) will establish and implement minimum qualifications for mentors; ``(2) will provide training and stipends for mentors; ``(3) will provide mentoring programs for teachers in their first year of teaching; ``(4) will provide regular and ongoing opportunities for mentors and mentees to observe each other's teaching methods in classroom settings during the school day; ``(5) will establish an evaluation and accountability plan for activities conducted under such grant that includes rigorous objectives to measure the impact of such activities; and ``(6) will report to the Secretary on an annual basis regarding the agency's progress in meeting the objectives described in paragraph (5). ``(c) Low-Performing Schools.--The Secretary may not award a grant under this section to a local educational agency unless the agency agrees that, in establishing or implementing a teacher mentoring program with the grant, the agency will prioritize funding for mentoring activities at elementary and secondary schools which the agency identifies under section 1116(b) as failing to make adequate yearly progress. ``(d) Duration.--Each grant awarded under this section shall be for a period of 3 years. ``SEC. 2372. LOW-INCOME LOCAL EDUCATIONAL AGENCIES. ``(a) Priority.--Of the grants awarded under section 2371 for any fiscal year, the Secretary shall award not less than 50 percent of such grants to low-income local educational agencies. ``(b) Definition.--For purposes of this section, the term `low- income local educational agency' means a local educational agency for which-- ``(1) not less that 30 percent of the children served by the agency are from families with incomes below the poverty line; and ``(2)(A) there is a high percentage of out-of-field teachers (as that term is defined at section 2102); ``(B) the number or percentage of unfilled teaching positions at the schools served by such agency is higher than the corresponding number or percentage for not less than 75 percent of all the local educational agencies in the State; or ``(C) there is a high teacher turnover rate. ``SEC. 2373. EQUITABLE DISTRIBUTION. ``In awarding grants under this section, the Secretary should seek to ensure an equitable geographic distribution among the regions of the United States and among local educational agencies located in urban, rural, and suburban areas. ``SEC. 2374. APPLICATION. ``To seek a grant under this section, a local educational agency shall, at such time and in such manner as the Secretary may require, submit an application to the Secretary containing the following: ``(1) A plan for establishing a mentor program described in this subpart. ``(2) A description of how the activities to be carried out under the program will improve new teacher experiences and increase teacher retention rates. ``(3) A description of the research on teacher mentoring that is the basis for the plan. ``(4) A description of the evaluation and accountability plan to be established. ``(5) Such other information as the Secretary may require. ``SEC. 2375. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated to carry out this subpart such sums as may be necessary for each of fiscal years 2004 through 2009.''. (b) Conforming Amendment.--The table of contents at section 2 of the Elementary and Secondary Education Act of 1965 is amended by inserting after the item relating to section 2368 the following: ``Subpart 6--Teacher Mentoring Programs ``Sec. 2371. Grant program. ``Sec. 2372. Low-income local educational agencies. ``Sec. 2373. Equitable distribution. ``Sec. 2374. Application. ``Sec. 2375. Authorization of appropriations.''. (c) Report.--Not less than 3 years after the date of the first award of a grant under the program established by the amendments made by this section, the Secretary of Education shall submit a report to the Congress on the results of such program, including the impact of mentoring programs assisted under this Act on teacher retention rates.

Teacher Mentoring Act - Amends the Elementary and Secondary Education Act of 1965 (ESEA) to authorize the Secretary of Education to make competitive three-year grants to local educational agencies (LEAs) to establish or implement teacher mentoring programs to guide and assist new teachers and improve teacher quality.Requires such programs to provide: (1) training and stipends for mentors; (2) mentoring programs for teachers in their first year of teaching; and (3) regular and ongoing opportunities for mentors and mentees to observe each other's teaching methods in classroom settings during the school day. Requires such programs to establish: (1) minimum qualifications for mentors; and (2) an evaluation and accountability plan for, and report on, program activities.Requires LEAs, in using such program grants, to prioritize funding for mentoring activities at elementary and secondary schools which the LEA identifies under ESEA as failing to make adequate yearly progress.Directs the Secretary to: (1) award at least 50 percent of such grants to low-income LEAs; and (2) report to Congress on program results, including impact on teacher retention rates.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Credit Monitoring Enhancement Act of 2006''. SEC. 2. CLARIFICATION RELATING TO CREDIT MONITORING. (a) In General.--Section 403 of the Credit Repair Organizations Act (15 U.S.C. 1679a) is amended-- (1) by striking ``For purposes of this title'' and inserting ``(a) In General.--For purposes of this title''; and (2) by adding at the end the following new subsection: ``(b) Clarification With Respect to Certain Credit Monitoring Services Under Certain Circumstances.-- ``(1) In general.--Subject to paragraph (2) the following shall not be treated as activities described in clause (i) of subsection (a)(3)(A): ``(A) The provision of, or provision of access to, credit reports, credit monitoring notifications, credit scores and scoring algorithms, and other credit score- related tools to a consumer (including generation of projections and forecasts potential credit scores of such consumer under various prospective trends or hypothetical or alternative scenarios). ``(B) Any analysis, evaluation, and explanation of such actual or hypothetical credit scores, or any similar projections, forecasts, analyses, evaluations or explanations. ``(C) In conjunction with offering any of the services described in subparagraph (A) or (B), the provision of materials or services to assist a consumer who is a victim of identity theft. ``(2) Conditions for application of paragraph (1).-- Paragraph (1) shall apply with respect to any person engaging in any activity described in such paragraph only if-- ``(A) the person does not represent, expressly or by implication, that such person-- ``(i) will or can modify or remove, or assist the consumer in modifying or removing, adverse information that is accurate and not obsolete in the credit report of the consumer; or ``(ii) will or can alter, or assist the consumer in altering, the identification of the consumer to prevent the display of the credit record, history, or rating of the consumer for the purpose of concealing adverse information that is accurate and not obsolete; ``(B) in any case in which the person represents, expressly or by implication, that the person will or can modify or remove, or assist the consumer in modifying or removing, any information in the credit report of the consumer, except for a representation with respect to any requirement imposed on the person under section 611 or 623(b) of the Fair Credit Reporting Act, the person discloses, clearly and conspicuously, before the consumer pays or agrees to pay any money or other valuable consideration to such person, whichever occurs first, the following statement: ```NOTICE: Neither you nor anyone else has the right to have accurate and current information removed from your credit report. If information in your report is inaccurate, you have the right to dispute it by contacting the credit bureau directly.'; ``(C) the person provides the consumer in writing with the following statement before any contract or agreement between the consumer and the person is executed: ```Your Rights Concerning Your Consumer Credit File: ```You have a right to obtain a free copy of your credit report once every 12 months from each of the nationwide consumer reporting agencies. To request your free annual credit report, you may go to www.annualcreditreport.com, or call 877-322- 8228, or complete the Annual Credit Report Request Form and mail it to: Annual Credit Report Request Service, P.O. Box 105281, Atlanta, GA 30348-5281. You can obtain additional copies of your credit report from a credit bureau, for which you may be charged a reasonable fee. There is no fee, however, if you have been turned down for credit, employment, insurance, or a rental dwelling because of information in your credit report within the preceding 60 days. The credit bureau must provide someone to help you interpret the information in your credit file. You are entitled to receive a free copy of your credit report if you are unemployed and intend to apply for employment in the next 60 days, if you are a recipient of public welfare assistance, or if you have reason to believe that there is inaccurate information in your credit report due to fraud. ```You have the right to cancel your contract with a credit monitoring service without fee or penalty at any time, and in the case in which you have prepaid for a credit monitoring service, you are entitled to a pro rata refund for the remaining term of the credit monitoring service. ```The Federal Trade Commission regulates credit bureaus and credit monitoring services. For more information contact: ```Federal Trade Commission ```Washington, D.C. 20580 ```1-877-FTC-HELP ```www.ftc.gov.'; and ``(D) in any case in which the person offers a subscription to a credit file monitoring program to a consumer, the consumer may cancel the subscription at any time upon written notice to the person without penalty or fee for such cancellation and, in any case in which the consumer is billed for the subscription on other than a monthly basis, within 60 days of receipt of the notice of cancellation by the consumer, the person shall make a pro rata refund to the consumer of a subscription fee prepaid by the consumer, calculated from the date that the person receives the notice of cancellation from the consumer until the end of the subscription period.''. (b) Clarification of Nonexempt Status.--Section 403(a) of the Credit Repair Organizations Act (15 U.S.C. 1679a) (as so redesignated by subsection (a)) is amended, in paragraph (3)(B)(i), by inserting ``and is not for its own profit or for that of its members'' before the semicolon at the end. (c) Revision of Disclosure Requirement.--Section 405(a) of the Credit Repair Organizations Act (15 U.S.C. 1679c) is amended by striking everything after the heading of the disclosure statement contained in such section and inserting the following new text of the disclosure statement: ```You have a right to dispute inaccurate information in your credit report by contacting the credit bureau directly. However, neither you nor any `credit repair' company or credit repair organization has the right to have accurate, current, and verifiable information removed from your credit report. The credit bureau must remove accurate, negative information from your report only if it is over 7 years old. Bankruptcy information can be reported for 10 years. ```You have a right to obtain a free copy of your credit report once every 12 months from each of the nationwide consumer reporting agencies. To request your free annual credit report, you may go to www.annualcreditreport.com, or call 877- 322-8228, or complete the Annual Credit Report Request Form and mail it to: Annual Credit Report Request Service, P.O. Box 105281, Atlanta, GA 30348-5281. You can obtain additional copies of your credit report from a credit bureau, for which you may be charged a reasonable fee. There is no fee, however, if you have been turned down for credit, employment, insurance, or a rental dwelling because of information in your credit report within the preceding 60 days. The credit bureau must provide someone to help you interpret the information in your credit file. You are entitled to receive a free copy of your credit report if you are unemployed and intend to apply for employment in the next 60 days, if you are a recipient of public welfare assistance, or if you have reason to believe that there is inaccurate information in your credit report due to fraud. ```You have a right to sue a credit repair organization that violates the Credit Repair Organization Act. This law prohibits deceptive practices by credit repair organizations. ```You have the right to cancel your contract with any credit repair organization for any reason within 3 business days from the date you signed it. ```Credit bureaus are required to follow reasonable procedures to ensure that the information they report is accurate. However, mistakes may occur. ```You may, on your own, notify a credit bureau in writing that you dispute the accuracy of information in your credit file. The credit bureau must then reinvestigate and modify or remove inaccurate or incomplete information. The credit bureau may not charge any fee for this service. Any pertinent information and copies of all documents you have concerning an error should be given to the credit bureau. ```If the credit bureau's reinvestigation does not resolve the dispute to your satisfaction, you may send a brief statement to the credit bureau, to be kept in your file, explaining why you think the record is inaccurate. The credit bureau must include a summary of your statement about disputed information with any report it issues about you. ```The Federal Trade Commission regulates credit bureaus and credit repair organizations. For more information contact: ```Federal Trade Commission ```Washington, D.C. 20580 ```1-877-FTC-HELP ```(877-382-4357) ```www.ftc.gov.'''.

Credit Monitoring Enhancement Act of 2006 - Amends the Credit Repair Organizations Act to cite conditions under which provision to a consumer of credit reports, credit score analysis, and assistance with identity theft shall not be treated as an activity to improve a consumer's credit status, which is subject to regulation under such Act. Revises credit repair organization disclosure requirements.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Improvement of Information Access Act of 1993''. SEC. 2. FINDINGS. The Congress finds the following: (1) A well-informed citizenry is essential for the well- being of a democratic society. (2) Access to Government information is essential for citizens who seek to make the Federal Government accountable for its actions. (3) The public should have timely, complete, equitable, and affordable access to Government information. (4) Federal agencies should use modern information technology for the benefit of citizens of the United States. (5) Government information is a national resource that should be treated as a public good. (6) Government information is a valuable economic asset that belongs to the public. (7) Taxpayers pay for the creation, collection, and organization of Government information and should not be required to pay excessive fees to receive and use that information. (8) It is unnecessarily difficult for citizens to provide Federal agencies with comments and suggestions on Federal information policies. As a result, many Federal agencies do not take into account the public interest in the information resources they manage. (9) Federal agencies have been slow in developing standards for record and file formats, software query command structures, and other important topics that will make Government information easier to obtain and use. (10) Many Federal agencies do not provide timely access to Government information products and services at reasonable costs. SEC. 3. IMPROVED PUBLIC ACCESS TO GOVERNMENT INFORMATION. (a) In General.--Title 44, United States Code, is amended by adding at the end the following new chapter: ``CHAPTER 41--INFORMATION DISSEMINATION POLICIES AND PRACTICES ``Sec. ``4101. Ensuring public access to Government information products and services. ``Sec. 4101. Ensuring public access to Government information products and services ``(a) Each executive department, military department, and independent establishment shall prepare by not later than February 1 of each year, and make freely available to the public upon request and at no charge, a report which describes the information dissemination policies and practices of the department or establishment, including-- ``(1) plans of the department or establishment to introduce new information products and services or discontinue old ones; ``(2) efforts of the department or establishment to develop or implement standards for file and record formats, software query command structures, user interfaces, and other matters that make information easier to obtain and use; ``(3) progress of the department or establishment in creating and disseminating comprehensive indexes and bibliographies of information products and services, including coordinated efforts conducted with other agencies; ``(4) the methods to be used by the public for accessing information, including the modes and outlets available to the public; ``(5) provisions for protecting access to records stored with technologies that are superseded or obsolete; ``(6) methods used to make the public aware of information resources, services, and products; and ``(7) a summary of the comments received from the public under subsection (b) in the year preceding the report, and the response of the department or establishment to those comments. ``(b)(1) Not later than February 1 of each year, each executive department, military department, and independent establishment shall publish in the Federal Register, and provide in such other manner as will notify users of information of the department or establishment, a notice of-- ``(A) the availability of the report prepared under subsection (a); and ``(B) a period of not less than 90 days for submission by the public of comments regarding the information dissemination policies and practices of the department or establishment, including comments regarding-- ``(i) the types of information the department or establishment collects and disseminates; ``(ii) the methods and outlets the department or establishment uses to store and disseminate information; ``(iii) the prices charged by the department or establishment, or such outlets, for the information; and ``(iv) the validity, reliability, timeliness, and usefulness to the public of the information. ``(2) Comments received under this subsection by a department or independent establishment shall be available for inspection to the public. Each year the department or establishment shall provide a reasonable opportunity for dialogue between responsible agency officials and interested members of the public, including through hearings and informal forums, regarding both proposed and existing policies, procedures, and mechanisms for disseminating information under this section and for otherwise implementing this section. ``(c) Before discontinuing an information product or service, an agency shall-- ``(1) publish in the Federal Register, or provide by other means adequate to inform users of information of the agency, a notice of a period of not less than 120 days for submission by the public of comments regarding that discontinuation; ``(2) include in that notice an explanation of the reasons for the discontinuation; and ``(3) consider comments received pursuant to the notice. ``(d) Each agency shall-- ``(1) disseminate information in diverse modes and through appropriate outlets that will reinforce statutory requirements for depository distribution, as well as offering other channels of distribution, with adequate documentation software, indexes, or other resources that will permit and broaden public access to Government information; ``(2) disseminate information in a manner that ensures the timeliness, usefulness, and reliability of the information for the public; ``(3) store and disseminate information products and services in standardized record formats; and ``(4) use depository libraries, national computer networks, and other distribution channels that improve and assure free or low-cost public access to Government information. ``(e)(1) Except as specifically authorized by statute, an agency may not-- ``(A) charge to depository libraries the costs of distributing information products and services; ``(B) charge more than the incremental cost of distributing an information product or service regardless of channels utilized by the agency; or ``(C) charge any royalty or other fee for any use or redissemination of Government information. ``(2) For purposes of this subsection, the incremental cost of distributing an information product or service does not include any portion of the cost of collecting, organizing, or processing information disseminated through the product or service. ``(f)(1) The Archivist of the United States and the Director of the National Institute of Standards and Technology shall jointly issue and periodically revise model performance standards under which agencies shall be encouraged to provide access to public records. ``(2) Standards issued under this subsection shall include the establishment of a period within which an agency, upon request, shall provide by mail a copy of any decision, rule, notice, docket filing, press release, or other public document of the agency.''. (b) Clerical Amendment.--The table of chapters at the beginning of title 44, United States Code, is amended by adding at the end the following: ``41. Government Information Products and Services.......... 4101''. SEC. 4. STANDARDS FOR ACCESS TO PUBLIC RECORDS. The Archivist of the United States and the Director of the National Institute of Standards and Technology shall jointly issue model performance standards for providing access to agency records under section 4101(f) of title 44, United States Code (as added by section 3), by not later than 1 year after the date of the enactment of this Act.

Improvement of Information Access Act of 1993 - Amends Federal law to require each executive and military department and independent establishment to prepare and make available to the public upon request a report which describes its information dissemination policies and practices. Requires each such entity to provide an opportunity for dialogue between responsible agency officials and interested members of the public regarding both proposed and existing policies, procedures, and mechanisms and disseminating information under this Act. Specifies the actions an agency must take before discontinuing an information product or service. Requires agencies to: (1) disseminate information in diverse modes and through appropriate outlets that will permit and broaden public access to Government information; and (2) use depository libraries, national computer networks, and other distribution channels that improve and assure free or low-cost public access to Government information. Provides that except as specifically authorized by statute, an agency may not: (1) charge to depository libraries the costs of distributing information products and services; (2) charge more than the incremental cost of distributing an information product or service regardless of channels utilized; or (3) charge any royalty or other fee for any use or redissemination of Government information. Requires the Archivist of the United States and the Director of the National Institute of Standards and Technology to jointly issue and periodically revise model performance standards under which agencies shall be encouraged to provide access to public records.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Housing for Persons With AIDS Modernization Act of 2014''. SEC. 2. FORMULA AND TERMS FOR ALLOCATIONS TO PREVENT HOMELESSNESS FOR INDIVIDUALS LIVING WITH HIV OR AIDS. (a) In General.--Subsection (c) of section 854 of the AIDS Housing Opportunity Act (42 U.S.C. 12903(c)) is amended by-- (1) redesignating paragraph (3) as paragraph (5); and (2) striking paragraphs (1) and (2) and inserting the following: ``(1) Allocation of resources.-- ``(A) Allocation formula.--The Secretary shall allocate 90 percent of the amount approved in appropriations Acts under section 863 among States and metropolitan statistical areas as follows: ``(i) 75 percent of such amounts among-- ``(I) cities that are the most populous unit of general local government in a metropolitan statistical area with a population greater than 500,000, as determined on the basis of the most recent census, and with more than 2,000 individuals living with HIV or AIDS, using the data specified in subparagraph (B); and ``(II) States with more than 2,000 individuals living with HIV or AIDS outside of metropolitan statistical areas. ``(ii) 25 percent of such amounts among States and metropolitan statistical areas based on the method described in subparagraph (C). ``(B) Source of data.--For purposes of allocating amounts under this paragraph for any fiscal year, the number of individuals living with HIV or AIDS shall be the number of such individuals as confirmed by the Director of the Centers for Disease Control and Prevention, as of December 31 of the most recent calendar year for which such data is available. ``(C) Allocation under subparagraph (A)(ii).--For purposes of allocating amounts under subparagraph (A)(ii), the Secretary shall develop a method that accounts for-- ``(i) differences in housing costs among States and metropolitan statistical areas based on the fair market rental established pursuant to section 8(c) of the United States Housing Act of 1937 (42 U.S.C. 1437f(c)) or another methodology established by the Secretary through regulation; and ``(ii) differences in poverty rates among States and metropolitan statistical areas based on area poverty indexes or another methodology established by the Secretary through regulation. ``(2) Maintaining grants.-- ``(A) Continued eligibility of fiscal year 2014 grantees.--A grantee that received an allocation in fiscal year 2014 shall continue to be eligible for allocations under paragraph (1) in subsequent fiscal years, subject to-- ``(i) the amounts available from appropriations Acts under section 863; ``(ii) approval by the Secretary of the most recent comprehensive housing affordability strategy for the grantee approved under section 105; and ``(iii) the requirements of subparagraph (C). ``(B) Adjustments.--Allocations to grantees described in subparagraph (A) shall be adjusted annually based on the administrative provisions included in fiscal year 2014 appropriations Acts. ``(C) Redetermination of continued eligibility.-- The Secretary shall redetermine the continued eligibility of a grantee that received an allocation in fiscal year 2014 at least once during the 10-year period following fiscal year 2014. ``(D) Adjustment to grants.--For each of fiscal years 2015, 2016, and 2017, the Secretary shall ensure that a grantee that received an allocation in the prior fiscal year does not receive an allocation that is 10 percent less than or 20 percent greater than the amount allocated to such grantee in the preceding fiscal year. ``(3) Alternative grantees.-- ``(A) Requirements.--The Secretary may award funds reserved for a grantee eligible under paragraph (1) to an alternative grantee if-- ``(i) the grantee submits to the Secretary a written agreement between the grantee and the alternative grantee that describes how the alternative grantee will take actions consistent with the applicable comprehensive housing affordability strategy approved under section 105 of this Act; ``(ii) the Secretary approves the written agreement described in clause (i) and agrees to award funds to the alternative grantee; and ``(iii) the written agreement does not exceed a term of 10 years. ``(B) Renewal.--An agreement approved pursuant to subparagraph (A) may be renewed by the parties with the approval of the Secretary. ``(C) Definition.--In this paragraph, the term `alternative grantee' means a public housing agency (as defined in section 3(b) of the United States Housing Act of 1937 (42 U.S.C. 1437a(b))), a unified funding agency (as defined in section 401 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11360)), a State, a unit of general local government, or an instrumentality of State or local government. ``(4) Reallocations.--If a State or metropolitan statistical area declines an allocation under paragraph (1)(A), or the Secretary determines, in accordance with criteria specified in regulation, that a State or metropolitan statistical area that is eligible for an allocation under paragraph (1)(A) is unable to properly administer such allocation, the Secretary shall reallocate any funds reserved for such State or metropolitan statistical area as follows: ``(A) For funds reserved for a State-- ``(i) to eligible metropolitan statistical areas within the State on a pro rata basis; or ``(ii) if there is no eligible metropolitan statistical areas within a State, to metropolitan cities and urban counties within the State that are eligible for grant under section 106 of the Housing and Community Development Act of 1974 (42 U.S.C. 5306), on a pro rata basis. ``(B) For funds reserved for a metropolitan statistical area, to the State in which the metropolitan statistical area is located. ``(C) If the Secretary is unable to make a reallocation under subparagraph (A) or (B), the Secretary shall make such funds available on a pro rata basis under the formula in paragraph (1)(A).''. (b) Amendment to Definitions.--Section 853 of such Act is amended-- (1) in paragraph (1), by inserting ``or `AIDS''' before ``means''; and (2) by inserting at the end the following new paragraphs: ``(15) The term `HIV' means infection with the human immunodeficiency virus. ``(16) The term `individuals living with HIV or AIDS' means, with respect to the counting of cases in a geographic area during a period of time, the sum of-- ``(A) the number of living non-AIDS cases of HIV in the area; and ``(B) the number of living cases of AIDS in the area.''.

Housing for Persons With AIDS Modernization Act of 2014 - Amends the AIDS Housing Opportunity Act to revise the formula and terms for allocations of grants to states, local governments, and nonprofit organizations for housing programs for persons with acquired immune deficiency syndrome (AIDS) (as under current law), as well as those with human immunodeficiency virus (HIV).

SECTION 1. SHORT TITLE; CONSTITUTIONAL AUTHORITY. (a) Short Title.--This Act may be cited as the ``Cost Integrity and Fairness Act of 2005''. (b) Constitutional Authority to Enact This Legislation.--The constitutional authority upon which this Act rests is the power of Congress to lay and collect taxes, set forth in article I, section 8 of the United States Constitution. SEC. 2. REFUNDABLE AND ADVANCEABLE CREDIT FOR HEALTH INSURANCE COSTS. (a) In General.--Subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to refundable credits) is amended by redesignating section 36 as section 37 and by inserting after section 35 the following new section: ``SEC. 36. HEALTH INSURANCE COSTS. ``(a) In General.--In the case of an individual, there shall be allowed as a credit against the tax imposed by this subtitle an amount equal to the amount paid during the taxable year for qualified health insurance for coverage of the taxpayer, his spouse, and dependents. ``(b) Limitations.-- ``(1) Maximum credit.-- ``(A) In general.--The amount allowed as a credit under subsection (a) to the taxpayer for the taxable year shall not exceed the sum of the monthly limitations for months during such taxable year. ``(B) Monthly limitation.--The monthly limitation for any month is the amount equal to \1/12\ of the lesser of-- ``(i) the product of $1,000 multiplied by the number of individuals taken into account under subsection (a) who are covered under qualified health insurance as of the first day of such month, or ``(ii) $3,000. ``(2) Employer subsidized coverage.--Subsection (a) shall not apply to amounts paid for coverage of any individual for any month for which such individual participates in any subsidized health plan maintained by any employer of the taxpayer or of the spouse of the taxpayer. The rule of the last sentence of section 162(l)(2)(B) shall apply for purposes of the preceding sentence. ``(c) Qualified Health Insurance.--For purposes of this section-- ``(1) In general.--The term `qualified health insurance' means insurance which constitutes medical care if-- ``(A) such insurance meets the requirements of section 223(c)(2)(A)(ii), ``(B) there is no exclusion from, or limitation on, coverage for any preexisting medical condition of any applicant who, on the date the application is made, has been continuously insured during the 1-year period ending on the date of the application under-- ``(i) qualified health insurance (determined without regard to this subparagraph), or ``(ii) a program described in-- ``(I) title XVIII or XIX 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, and ``(C) in the case of each applicant who has not been continuously so insured during the 1-year period ending on the date the application is made, the exclusion from, or limitation on, coverage for any preexisting medical condition does not extend beyond the period after such date equal to the lesser of-- ``(i) the number of months immediately prior to such date during which the individual was not so insured since the illness or condition in question was first diagnosed, or ``(ii) 1 year. ``(2) Exclusion of certain plans.--Such term does not include-- ``(A) insurance if substantially all of its coverage is coverage described in section 223(c)(1)(B), ``(B) insurance under a program described in paragraph (1)(B)(ii). ``(3) Transition rule for 2005.--In the case of applications made during 2005, the requirements of subparagraphs (C) and (D) of paragraph (1) are met only if the insurance does not exclude from coverage, or limit coverage for, any preexisting medical condition of any applicant. ``(d) Special Rules.-- ``(1) Coordination with medical deduction, etc.--Any amount paid by a taxpayer for insurance to which subsection (a) applies shall not be taken into account in computing the amount allowable to the taxpayer as a credit under section 35 or as a deduction under section 162(l) or 213(a). ``(2) Denial of credit to dependents.--No credit shall be allowed under this section to any individual with respect to whom a deduction under section 151 is allowable to another taxpayer for a taxable year beginning in the calendar year in which such individual's taxable year begins. ``(3) Married couples must file joint return.-- ``(A) In general.--If the taxpayer is married at the close of the taxable year, the credit shall be allowed under subsection (a) only if the taxpayer and his spouse file a joint return for the taxable year. ``(B) Marital status; certain married individuals living apart.--Rules similar to the rules of paragraphs (3) and (4) of section 21(e) shall apply for purposes of this paragraph. ``(4) Verification of coverage, etc.--No credit shall be allowed under this section to any individual unless such individual's coverage under qualified health insurance, and the amount paid for such coverage, are verified in such manner as the Secretary may prescribe. ``(5) Coordination with advance payments of credit.--With respect to any taxable year, the amount which would (but for this subsection) be allowed as a credit to the taxpayer under subsection (a) shall be reduced (but not below zero) by the aggregate amount paid on behalf of such taxpayer under section 7527A for months beginning in such taxable year. ``(6) Cost-of-living adjustment.--In the case of any taxable year beginning in a calendar year after 2005, each dollar amount contained in subsection (b)(1)(B) shall be increased by an amount equal to-- ``(A) such dollar amount, multiplied by ``(B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins by substituting `calendar year 2004' for `calendar year 1992' in subparagraph (B) thereof. Any increase determined under the preceding sentence shall be rounded to the nearest multiple of $10.''. (b) Advance Payment of Credit.--Chapter 77 of such Code (relating to miscellaneous provisions) is amended by inserting after section 7527 the following new section: ``SEC. 7527A. ADVANCE PAYMENT OF CREDIT FOR HEALTH INSURANCE COSTS. ``(a) General Rule.--The Secretary shall establish a program for making payments on behalf of individuals to providers of qualified health insurance (as defined in section 36(c)) for such individuals. ``(b) Limitation on Advance Payments During Any Taxable Year.--The Secretary may make payments under subsection (a) only to the extent that the total amount of such payments made on behalf of any individual during the taxable year does not exceed the amount allowable as a credit to such individual for such year under section 36 (determined without regard to subsection (d)(5) thereof).''. (c) Conforming Amendments.-- (1) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting ``or 36'' after ``section 35''. (2) The table of sections for subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by striking the item relating to section 36 and inserting the following new items: ``Sec. 36. Health insurance costs. ``Sec. 37. Overpayments of tax.''. (3) The table of sections for chapter 77 of such Code is amended by inserting after the item relating to section 7527 the following new item: ``Sec. 7527A. Advance payment of credit for health insurance costs.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2004.

Cost Integrity and Fairness Act of 2005 - Amends the Internal Revenue Code to: (1) allow a refundable tax credit for the health insurance costs of a taxpayer, the taxpayer's spouse, and dependents; and (2) direct the Secretary of the Treasury to establish a program for making advance payments of credit amounts to health insurance providers.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Save Our Safety Net Act of 2005''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Ensuring adequate physician payment for emergency department visits. Sec. 3. Ensuring adequate hospital outpatient fee schedule amounts for clinic and emergency department visits. Sec. 4. Permanent extension of adjustment to limit decline in payments for certain hospitals under hospital outpatient PPS. Sec. 5. Fairness in the Medicare disproportionate share hospital (DSH) adjustment for rural hospitals. SEC. 2. ENSURING ADEQUATE PHYSICIAN PAYMENT FOR EMERGENCY DEPARTMENT VISITS. Section 1833 of the Social Security Act (42 U.S.C. 1395l) is amended by adding at the end the following new subsection: ``(v) Save Our Safety Net Payments for Physicians' Services Provided in an Emergency Department.--In the case of physicians' services furnished to an individual covered under the insurance program established by this part in an emergency department on or after January 1, 2006, in addition to the amount of payment that would otherwise be made for such services under this part, there also shall be paid to the physician or other person (or to an employer or entity in the cases described in clause (A) of section 1842(b)(6)) from the Federal Supplementary Insurance Trust Fund an amount equal to 10 percent of the payment amount for the service under this part.''. SEC. 3. ENSURING ADEQUATE HOSPITAL OUTPATIENT FEE SCHEDULE AMOUNTS FOR CLINIC AND EMERGENCY DEPARTMENT VISITS. (a) In General.--Section 1833(t) of the Social Security Act (42 U.S.C. 1395l(t)) is amended-- (1) in paragraph (3)(C)(ii), by striking ``paragraph (8)(B)'' and inserting ``paragraphs (8)(B), (11)(B), and (13)(A)(i)''; (2) in paragraph (3)(C)(iii), by inserting ``(but not the conversion factor computed under paragraph (13)(B))'' after ``this subparagraph''; (3) in paragraph (3)(D)-- (A) in clause (i), by striking ``conversion factor computed under subparagraph (C) for the year'' and inserting ``applicable conversion factor computed under subparagraph (C), paragraph (11)(B), or paragraph (13)(B) for the year''; and (B) in clause (ii), by inserting ``, paragraph (9)(A), or paragraph (13)(C)'' after ``paragraph (2)(C)''; (4) in paragraph (9), by amending subparagraph (B) to read as follows: ``(B) Budget neutrality adjustment.-- ``(i) In general.--If the Secretary makes revisions under subparagraph (A), then the revisions for a year may not cause the estimated amount of expenditures under this part for the year to increase or decrease from the estimated amount of expenditures under this part (including expenditures attributable to the special rules specified in paragraph (13)) that would have been made if the revisions had not been made. ``(ii) Exemption from reduction.--The relative payment weights determined under paragraph (13)(C) and the conversion factor computed under paragraph (13)(B) shall not be reduced by any budget neutrality adjustment made pursuant to this subparagraph.''; and (5) by redesignating paragraphs (13) through (16) as paragraphs (14) through (17), respectively, and by inserting after paragraph (12) the following new paragraph: ``(13) Special rules for calculating medicare opd fee schedule amount for clinic and emergency visits.-- ``(A) In general.--In computing the medicare OPD fee schedule amount under paragraph (3)(D) for covered OPD services that are furnished on or after January 1, 2006, and classified within a group established or revised under paragraph (2)(B) or (9)(A), respectively, for clinic and emergency visits (as described in subparagraph (D)), the Secretary shall-- ``(i) substitute for the conversion factor calculated under paragraph (3)(C) the conversion factor calculated under subparagraph (B); and ``(ii) substitute for the relative payment weight established or revised under paragraph (2)(C) or (9)(A), respectively, the relative payment weight determined under subparagraph (C) for such group. ``(B) Calculation of conversion factor.--For purposes of subparagraph (A)(i), the conversion factor calculated under this subparagraph is-- ``(i) for services furnished during 2006, an amount equal to the product of-- ``(I) the conversion factor specified for such year in the final rule published on November 10, 2005, increased by the percentage by which such conversion factor is reduced for such year pursuant to paragraph (2)(E), and not taking into account any subsequent amendments to such final rule; and ``(II) 1.10; and ``(ii) for services furnished in a year beginning on or after January 1, 2007, the conversion factor computed under this subparagraph for the previous year increased by the OPD fee schedule increase factor specified under paragraph (3)(C)(iv) for the year involved. ``(C) Determination of relative payment weights.-- For purposes of subparagraph (A)(ii), the relative payment weight determined under this subparagraph for a covered OPD service that is classified within such a group is-- ``(i) for services furnished during 2006, the relative payment weight specified for such group for such period in the final rule published November 10, 2005, and not taking into account any subsequent amendments to such final rule; and ``(ii) for services furnished in a year beginning on or after January 1, 2007-- ``(I) for ambulatory patient classification group 0601 (relating to mid-level clinic visits), or a successor to such group, the relative payment weight specified for such group in the final rule referred to in clause (i); and ``(II) for other ambulatory patient classification groups described in subparagraph (D), the relative payment weight established or revised under paragraph (2)(C) or (9)(A), respectively, for such group for such year (but without regard to any budget neutrality adjustment under paragraph (9)(B)). ``(D) Groups for clinic and emergency visits.--For purposes of this paragraph, the groups established or revised under paragraph (2)(B) or (9)(A), respectively, for clinic and emergency visits are ambulatory patient classification groups 0600, 0601, 0602, 0610, 0611, 0612, and 0620 as defined for purposes of the final rule referred to in subparagraph (C)(i) (and any successors to such groups).''. (b) Limitation on Secretarial Authority.--Notwithstanding section 1833(t) of the Social Security Act (42 U.S.C. 1395l(t)), as amended by subsection (a), the Secretary of Health and Human Services may not make any adjustment under-- (1) paragraph (2)(F), (3)(C)(iii), (9)(B), or (9)(C) of section 1833(t) of the Social Security Act (42 U.S.C. 1395l(t)); or (2) any other provision of such section; to ensure that the amendments made by subsection (a) do not cause the estimated amount of expenditures under part B of title XVIII of such Act (42 U.S.C. 1395j et seq.) to exceed the estimated amount of expenditures that would have been made under such part but for such amendments. SEC. 4. PERMANENT EXTENSION OF ADJUSTMENT TO LIMIT DECLINE IN PAYMENTS FOR CERTAIN HOSPITALS UNDER HOSPITAL OUTPATIENT PPS. (a) In General.--Section 1833(t)(7)(D)(i) of the Social Security Act (42 U.S.C. 1395l(t)(7)(D)(i)), as amended by section 5105 of the Deficit Reduction Act of 2005 (Public Law 109-171), is amended-- (1) in the clause heading-- (A) by striking ``Temporary'' and inserting ``Permanent''; and (B) by striking ``Rural'' (2) by striking subclause (II); (3) by striking ``(I) In the case'' and inserting ``In the case''; (4) by striking ``located in a rural area, for'' and inserting ``, for''; and (5) by striking ``furnished before January 1, 2006''. (b) Effective Date.--The amendments made by subsection (a) shall apply to covered OPD services furnished on or after January 1, 2006. SEC. 5. FAIRNESS IN THE MEDICARE DISPROPORTIONATE SHARE HOSPITAL (DSH) ADJUSTMENT FOR RURAL HOSPITALS. Section 1886(d)(5)(F)(xiv)(II) of the Social Security Act (42 U.S.C. 1395ww(d)(5)(F)(xiv)(II)) is amended-- (1) by striking ``or, in the case'' and all that follows through ``subparagraph (G)(iv)''; and (2) by inserting at the end the following new sentence: ``The preceding sentence shall not apply to any hospital with respect to discharges occurring on or after October 1, 2006.''.

Save Our Safety Net Act of 2005 - Amends title XVIII (Medicare) of the Social Security Act to require payment to a physician of an additional 10% for emergency department visits. Prescribes special rules for calculating the Medicare hospital outpatient department (OPD) fee schedule amounts for clinic and emergency department visits. Extends from temporary to permanent the current adjustment to payments (hold harmless provisions) for certain small rural and sole community hospitals under the OPD prospective payment system (PPS). Eliminates the cap on the Medicare disproportionate share hospital (DSH) adjustment for payments to rural hospitals.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Student Security Act of 2017''. SEC. 2. STUDENT SECURITY LOAN FORGIVENESS PROGRAM. Section 455 of the Higher Education Act of 1965 (20 U.S.C. 1087e) is amended by adding at the end the following: ``(r) Student Security Loan Forgiveness Program.-- ``(1) Program authorized.--Beginning not later than 180 days after the date of the enactment of the Student Security Act of 2017, the Secretary of Education, jointly with the Commissioner of Social Security, shall carry out a program under which the Secretary shall issue student loan forgiveness credits to qualified borrowers of eligible Federal Direct loans in exchange for delayed eligibility for old-age insurance benefits under title II of the Social Security Act (as amended by the Student Security Act of 2017) in accordance with this subsection. ``(2) Agreement required.--To be eligible to participate in the program, a qualified borrower shall enter into a written agreement with the Secretary of Education and the Commissioner of Social Security under which the borrower-- ``(A) elects to receive a specified number of student loan forgiveness credits not greater than 73; and ``(B) acknowledges the extent of the borrower's delayed eligibility for old-age insurance benefits under title II of the Social Security Act (as amended by the Student Security Act of 2017) as a result of receiving such credits. ``(3) Termination.--No borrower may enter into an agreement under paragraph (2) unless such borrower was a qualified borrower on or before the date that is 15 years after the date of the enactment of the Student Security Act of 2017. ``(4) Combination with other forgiveness programs.--Unless otherwise provided by law, a qualified borrower may combine forgiveness under this subsection with other forgiveness programs under this Act, except in no case shall the total amount of forgiveness received by a borrower under all such programs exceed the amount of Federal student loans owed by such borrower. ``(5) Definitions.--In this section: ``(A) Default.--The term `default' has the meaning given the term in section 435(l). ``(B) Eligible federal direct loan.--The term `eligible Federal Direct loan' means any loan made under this part, including any such loan on which the borrower has defaulted. ``(C) Initial qualifying date.--The term `initial qualifying date' means the date that is 24 months after the date of the enactment of the Student Security Act of 2017. ``(D) Qualified borrower.--The term `qualified borrower'-- ``(i) with respect to a borrower who seeks to enter into an agreement under paragraph (2) on or before the initial qualifying date, means a borrower of an eligible Federal Direct loan who is not entitled to collect old-age insurance benefits under title II of the Social Security Act as of the date of the agreement under paragraph (2), including a borrower who is a defaulted borrower; and ``(ii) with respect to a borrower who seeks to enter into an agreement under paragraph (2) after the initial qualifying date, means-- ``(I) a borrower of an eligible Federal Direct loan who is not entitled to collect old-age insurance benefits under title II of the Social Security Act as of the date of the agreement under paragraph (2), including a borrower who is a defaulted borrower; and ``(II) who was eligible for a deferment under subsection (f)(2)(A) at any time during the five-year period preceding the date of the agreement under paragraph (2). ``(E) Student loan forgiveness credit.--The term `student loan forgiveness credit' means the cancellation of the obligation of a qualified borrower to repay $550 in eligible Federal Direct loans in exchange for delayed eligibility for old-age insurance benefits as specified in title II of the Social Security Act (as amended by the Student Security Act of 2017).''. SEC. 3. DELAYED ELIGIBILITY FOR OLD-AGE INSURANCE BENEFITS. (a) Retirement Age; Early Retirement Age.--Section 216(l) of the Social Security Act (42 U.S.C. 416(l)) is amended by adding at the end the following: ``(4) Notwithstanding the preceding paragraphs of this subsection, in the case of an individual who receives one or more student loan forgiveness credits under section 455(r) of the Higher Education Act of 1965-- ``(A) the retirement age with respect to such individual shall be deemed to be-- ``(i) the retirement age determined with respect to such individual under paragraph (1); plus ``(ii) a number of additional months equal to the number of student loan forgiveness credits received by the individual under such section 455(r); and ``(B) the early retirement age with respect to such individual shall be deemed to be-- ``(i) the early retirement age determined with respect to such individual under paragraph (2); plus ``(ii) a number of additional months equal to the number of student loan forgiveness credits received by the individual under such section 455(r).''. (b) Delayed Retirement Credits.--Section 202(w) of the Social Security Act (42 U.S.C. 402(w)) is amended by inserting after ``age 70'' each place it appears the following: ``(or, in the case of an individual described in paragraph (4) of section 216(l), age 70 plus the number of additional months determined under subparagraph (A)(ii) of such paragraph)''. (c) Voluntary Suspension of Benefits.--Section 202(z) of the Social Security Act (42 U.S.C. 402(z)) is amended by inserting after ``the age of 70'' the following: ``(or, in the case of an individual described in paragraph (4) of section 216(l), the age of 70 plus the number of additional months determined under subparagraph (A)(ii) of such paragraph)''. SEC. 4. INTERFUND BORROWING. Section 201(l) of the Social Security Act (42 U.S.C. 401(l)) is amended to read as follows: ``(l)(1) If at any time the Managing Trustee determines that borrowing authorized under this subsection is necessary to pay full benefit payments from the Federal Disability Insurance Trust Fund, the Managing Trustee may borrow such necessary amounts from the Federal Old-Age and Survivors Insurance Trust Fund for transfer to and deposit in the Federal Disability Insurance Trust Fund. ``(2) In any case where a loan has been made to the Federal Disability Insurance Trust Fund under paragraph (1), there shall be transferred on the last day of each month after such loan is made, from the borrowing Trust Fund to the lending Trust Fund, the total interest accrued to such day with respect to the unrepaid balance of such loan at a rate equal to the rate which the lending Trust Fund would earn on the amount involved if the loan were an investment under subsection (d) (even if such an investment would earn interest at a rate different than the rate earned by investments redeemed by the lending Trust Fund in order to make the loan). ``(3)(A) If in any month after a loan has been made to the Federal Disability Insurance Trust Fund under paragraph (1), the Managing Trustee determines that the assets of such Trust Fund are sufficient to permit repayment of all or part of any loans made to such Fund under paragraph (1), he shall make such repayments as he determines to be appropriate. ``(B) The full amount of all loans made under paragraph (1) shall be repaid at the earliest feasible date. ``(4) The Board of Trustees shall make a timely report to the Congress of any amounts transferred (including interest payments) under this subsection.''. SEC. 5. EXCLUSION FROM GROSS INCOME FOR DISCHARGE OF STUDENT LOAN INDEBTEDNESS UNDER THE STUDENT SECURITY LOAN FORGIVENESS PROGRAM. (a) In General.--Paragraph (1) of section 108(f) of the Internal Revenue Code of 1986 is amended to read as follows: ``(1) In general.--In the case of an individual, gross income does not include any amount which (but for this subsection) would be includible in gross income by reason of the discharge (in whole or in part) of any student loan if such discharge was pursuant to-- ``(A) a provision of such loan under which all or part of the indebtedness of the individual would be discharged if the individual worked for a certain period of time in certain professions for any of a broad class of employers, or ``(B) the receipt of student loan forgiveness credits under section 455(r) of the Higher Education Act of 1965.''. (b) Effective Date.--The amendments made by this section shall apply to discharges of indebtedness on or after the date of the enactment of this Act.

Student Security Act of 2017 This bill amends the Higher Education Act of 1965 to require the Department of Education and the Social Security Administration to jointly carry out a student loan forgiveness program that will forgive Federal Direct loans in exchange for delayed eligibility for old-age insurance benefits under the Social Security Act. In addition, the bill authorizes the transfer of amounts from the Federal Old-Age and Survivors Insurance Trust Fund into the Federal Disability Insurance Trust Fund if borrowing is necessary to pay full benefit payments from the Federal Disability Insurance Trust Fund. The bill amends the Internal Revenue Code to expand the exclusion from gross income of income attributable to the discharge of student loan indebtedness to include indebtedness discharged under the program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``International Weapons of Mass Destruction Informant Act''. SEC. 2. S VISA. (a) Expansion of S Visa Classification.--Section 101(a)(15)(S) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(S)) is amended-- (1) in clause (i)-- (A) by striking ``Attorney General'' each place that term appears and inserting ``Secretary of Homeland Security''; and (B) by striking ``or'' at the end; and (2) in clause (ii)-- (A) by striking ``Attorney General'' and inserting ``Secretary of Homeland Security''; and (B) by striking ``1956,'' and all that follows through ``the alien;'' and inserting the following: ``1956; or ``(iii) who the Secretary of Homeland Security and the Secretary of State, in consultation with the Director of Central Intelligence, jointly determine-- ``(I) is in possession of critical reliable information concerning the activities of governments or organizations, or their agents, representatives, or officials, with respect to weapons of mass destruction and related delivery systems, if such governments or organizations are at risk of developing, selling, or transferring such weapons or related delivery systems; and ``(II) is willing to supply or has supplied, fully and in good faith, information described in subclause (I) to appropriate persons within the United States Government; and, if the Secretary of Homeland Security (or with respect to clause (ii), the Secretary of State and the Secretary of Homeland Security jointly) considers it to be appropriate, the spouse, married and unmarried sons and daughters, and parents of an alien described in clause (i), (ii), or (iii) if accompanying, or following to join, the alien;''. (b) Numerical Limitation.--Section 214(k)(1) of the Immigration and Nationality Act (8 U.S.C. 1184(k)(1)) is amended by striking ``The number of aliens'' and all that follows through the period and inserting the following: ``The number of aliens who may be provided a visa as nonimmigrants under section 101(a)(15)(S) in any fiscal year may not exceed 3,500.''. SEC. 3. WEAPONS OF MASS DESTRUCTION INFORMANT CENTER. (a) Establishment.--There is established within the Directorate for Information Analysis and Infrastructure Protection of the Department of Homeland Security a Weapons of Mass Destruction Informant Center. (b) Coordinator.--The Assistant Secretary with responsibility for the Directorate for Information Analysis and Infrastructure Protection shall appoint a coordinator to execute the responsibilities, as described in subsection (c), of the Weapons of Mass Destruction Informant Center. (c) Responsibilities.--The Weapons of Mass Destruction Informant Center established under subsection (a) shall-- (1) receive all raw information provided from aliens who are provided a visa under section 101(a)(15)(S)(iii) of the Immigration and Nationality Act (8 U.S.C 1101(a)(15)(S)(iii)), as added by section 101 of this Act; (2) report all information that is provided by such aliens and is related to the development, sale, or transfer of weapons of mass destruction and related delivery systems, materials, and technologies to senior officials at the Department of Homeland Security, the Central Intelligence Agency, and other relevant components of the intelligence and law enforcement communities, including the Federal Bureau of Investigation; (3) ensure that all aliens who have provided critical, reliable information concerning the activities of any government or organization, or their agents, representatives, or officials, with respect to weapons of mass destruction and related delivery systems, materials, and technologies, if such governments or organizations are at risk of using or exporting such weapons or related delivery systems, are given the highest consideration for visas described in such section 101(a)(15)(S)(iii); (4) educate consular officers at the Department of State, and immigration inspectors and examiners at the Department of Homeland Security, regarding the visa classification described in such section 101(a)(15)(S)(iii); (5) facilitate, receive, and evaluate visa requests for nonimmigrants described in such section 101(a)(15)(S)(iii) in consultation with appropriate personnel both within and outside of the Department of Homeland Security; (6) if a visa described in such section 101(a)(15)(S)(iii) is approved, act in coordination with the Director of the Bureau of Citizenship and Immigration Services and other appropriate government agencies to facilitate the issuance of such visas, including additional visas as are considered to be appropriate for the spouse, married or unmarried sons and daughters, and parents of the alien whose request was granted; (7) facilitate the cooperation of aliens who receive such visas with the United States Government in ways that further the purposes of the visa; (8) ensure that aliens who receive such visas comply with the terms of the visa; and (9) ensure that such visas are not utilized as a method of gaining entry into the United States for any purpose other than those outlined in this Act.

International Weapons of Mass Destruction Informant Act - Expands the S nonimmigrant visa classification of the Immigration and Nationality Act to include aliens who possess and are willing to share with the U.S. Government critical reliable information concerning the activities of governments or organizations with respect to weapons of mass destruction (WMD) and related delivery systems, where those weapons or systems are at risk of being developed, sold, or transferred. Provides for S nonimmigrant status for specified family members of such aliens in appropriate circumstances. Increases the numerical limitation on S nonimmigrant visas to 3,500 per fiscal year. Establishes a Weapons of Mass Destruction Informant Center within the Directorate for Information Analysis and Infrastructure Protection of the Department of Homeland Security, which shall : (1) receive and report to specified Federal agencies all information provided by aliens granted S nonimmigrant status under this Act; (2) ensure that aliens who have provided WMD-related information are given the highest consideration for S nonimmigrant visas; (3) educate consular officers and immigration inspectors and examiners regarding the expanded visa classification; (4) facilitate, receive, and evaluate visa requests submitted pursuant to this Act and facilitate the issuance of visas when requests are approved; (5) facilitate the cooperation with the U.S. Government of aliens receiving WMD-related S nonimmigrant visas; (6) ensure that aliens who receive such visas comply with visa terms; and (7) ensure that such visas are not used to gain entry into the U.S. for purposes other than those outlined in this Act.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Irene and Lee Tax Relief Storm Recovery Act of 2013''. SEC. 2. ADDITIONAL LOW-INCOME HOUSING CREDIT MAY BE ALLOCATED IN STATES DAMAGED IN 2011 BY HURRICANE IRENE OR TROPICAL STORM LEE. (a) In General.--Paragraph (3) of section 42(h) of the Internal Revenue Code of 1986 (relating to limitation on aggregate credit allowable with respect to projects located in a State) is amended by adding at the end the following new subparagraph: ``(J) Increase in state housing credit for states damaged in 2011 by hurricane irene or tropical storm lee.-- ``(i) In general.--In the case of calendar years 2013, 2014, and 2015, the State housing credit ceiling of each State any portion of which includes any portion of the Irene-Lee disaster area shall be increased by the lesser of-- ``(I) the aggregate housing credit dollar amount allocated by the State housing credit agency of such State for such calendar year to buildings located in such disaster area, or ``(II) the applicable limitation, reduced by the aggregate increase under this clause for all prior calendar years. ``(ii) Applicable limitation.--For purposes of clause (i), the applicable limitation is the lesser of-- ``(I) $2.15 multiplied by the population of the area described in clause (vii)(I), or ``(II) 50 percent of the State housing credit ceiling (determined without regard to this subparagraph) for 2013. ``(iii) Allocations treated as made first from additional allocation amount for purposes of determining carryover.--For purposes of determining the unused State housing credit ceiling under subparagraph (C) for any calendar year, any increase in the State housing credit ceiling under clause (i) shall be treated as an amount described in clause (ii) of such subparagraph. ``(iv) Difficult development area.-- ``(I) In general.--In the case of property placed in service during 2013, 2014, or 2015, the Irene-Lee disaster area shall be treated as a difficult development area designated under subclause (I) of subsection (d)(5)(B)(iii), and shall not be taken into account for purposes of applying the limitation under subclause (II) of such subsection. ``(II) Application of clause.-- Clause (i) shall apply only to-- ``(aa) housing credit dollar amounts allocated during 2013, 2014, or 2015, and ``(bb) to the extent that paragraph (1) does not apply to any building by reason of paragraph (4), only with respect to bonds issued after December 31, 2012. ``(v) Special rule for applying income tests.--In the case of property placed in service after 2012 and before 2020 in a nonmetropolitan area (as defined in subsection (d)(5)(B)(iv)(IV)) within the Irene-Lee disaster area, this section shall be applied by substituting `national nonmetropolitan median gross income (determined under rules similar to the rules of section 142(d)(2)(B))' for `area median gross income' in subparagraphs (A) and (B) of subsection (g)(1). ``(vi) Time for making low-income housing credit allocations.--Paragraph (1)(B) shall not apply to an allocation of housing credit dollar amount to a building located in the Irene-Lee disaster area if such allocation is made in 2013, 2014, or 2015, and such building is placed in service before January 1, 2019. ``(vii) Irene-lee disaster area.--For purposes of this subparagraph, the term `Irene- Lee disaster area' means-- ``(I) each county included in the geographical area covered by a qualifying natural disaster declaration, and ``(II) each county contiguous to a county described in subclause (I). ``(viii) Qualifying natural disaster declaration.--For purposes of clause (vii), the term `qualifying natural disaster declaration' means-- ``(I) a natural disaster declared by the Secretary of Agriculture in 2011 due to damaging weather and other conditions relating to Hurricane Irene or Tropical Storm Lee under section 321(a) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1961(a)), or ``(II) a major disaster or emergency designated by the President in 2011 due to damaging weather and other conditions relating to Hurricane Irene or Tropical Storm Lee under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.).''. (b) Effective Date.--The amendment made by this section shall take effect on the date of the enactment of this Act.

Irene and Lee Tax Relief Storm Recovery Act of 2013 - Amends the Internal Revenue Code to allow an increase in 2013, 2014, and 2015 of the amount of the low-income housing tax credit that may be allocated in states containing counties covered by the natural disaster declaration of the Secretary of Agriculture in 2011 due to damage from Hurricane Irene or Tropical Storm Lee.

SECTION 1. FINDINGS; SENSE OF CONGRESS. (a) Findings.--Congress makes the following findings: (1) Preventing North Korea from proliferating illegal nuclear weapons and related material is a top priority for the United States and regional partners, including Japan, China, and South Korea. (2) Presidential transitions in Washington, DC, and Seoul, South Korea, create opportunities for instability that North Korea could exploit for additional provocations. (3) North Korea is already violating the letter and spirit of numerous United Nations Security Council resolutions. (4) North Korea allegedly test-fired a ballistic missile on February 11, 2017. (5) Strengthening high-level dialogue about North Korean nuclear proliferation between the United States, regional partners, and the United Nations would bring necessary attention to the issue, which has languished over successive Republican and Democratic Administrations. (6) The United States would benefit from a comprehensive strategy, jointly implemented with its regional partners, including China, to prevent North Korea from becoming armed with nuclear weapons and strengthen the shared goal of achieving a denuclearized Korean Peninsula. (7) In addition to supporting the work of the United Nations Panel of Experts on North Korea, the United States and its partners would benefit from a senior-level dialogue to coordinate sanctions enforcement, to detect North Korea proliferation activities, and to prepare contingency responses in the event of North Korean nuclear or conventional provocations. (8) The United States, along with its allies and partners, have highly capable military and nuclear experts who can refine plans to respond to a North Korea capability development that endangers the United States homeland and could recommend defensive measures to address vulnerabilities. (9) The trilateral relationship between the United States, Japan, and South Korea has served as an important node for sharing information about the North Korean threat and the trilateral relationship should be expanded to serve as a focal point for regional cooperation regarding North Korea. (10) Generally, it is in the interest of the United States to remain the security partner of choice for allies and partners in the Indo-Asia Pacific region and to strengthen norms based on the liberal international order that has undergirded peace and stability in the region since the end of World War II. (b) Sense of Congress.--It is the sense of Congress that the United States should expand the trilateral mechanism to serve as a focal point for regional cooperation regarding North Korea. SEC. 2. JOINT COMMISSION ON NORTH KOREA. (a) Authorization.--The President, acting through the Secretary of State, may seek to establish a joint commission with countries in the Indo-Asia Pacific region (hereinafter referred to as ``the Commission''). (b) Activities.--The Commission may undertake the following activities: (1) Supporting professional dialogues, including by convening or sponsoring travel to meetings with nongovernmental experts, to-- (A) coordinate the detection of North Korean violations of existing United Nations Security Council resolutions; (B) develop possible responses to such violations; and (C) enhance monitoring of nuclear weapons proliferation capabilities. (2) Coordinating sub-cabinet-level political discussions on contingency responses to North Korean violations of United Nations Security Council resolutions. (3) Facilitating technical discussions among the Departments of State, Defense, Energy, and the Treasury and the Intelligence Community and their counterparts in countries in the Indo-Asia Pacific region on technical aspects of North Korea's nuclear program and accompanying United States sanctions. (4) Coordinating the sharing of information among the intelligence services of the countries participating in the Commission, to the extent practicable, to identify immediate threats and inform the security services of such countries. (5) Creating guidelines for the coordination of multilateral direct action against shared threats. (c) Chair; Membership.-- (1) In general.--The Commission shall be chaired by the Secretary of State and shall include as members-- (A) the Secretary of the Treasury; (B) the Secretary of Energy; (C) the Secretary of Defense; and (D) the Director of National Intelligence. (2) Counterpart members.--The Secretary of State shall encourage participation of relevant counterparts in the governments of the participating countries. (d) Authorization of Appropriations.--There is authorized to be appropriated such sums as may be necessary to carry out the activities of the Commission. SEC. 3. COORDINATION OF MILITARY AND DIPLOMATIC PLANNING. (a) Statement of Policy.--It is the policy of the United States-- (1) to continue to maintain robust and multifaceted diplomatic engagement in the Indo-Asia Pacific region, to include the promotion of United States values and United States economic interests alongside a strong United States military posture; and (2) that the tools of diplomacy and development, along with defense as critical tools of national power, should be used to enhance the national security of the United States, promote United States interests reassure United States allies, deter aggression, and respond swiftly to crises. (b) Sense of Congress.--It is the sense of Congress that the Secretary of State should conduct comprehensive regional and global diplomacy, in close coordination with United States allies in the Indo Asia Pacific Region, to coordinate responses to North Korean provocations and enhance enforcement of United Nations Security Council resolutions. (c) Enhanced Ports of Call.--The Secretary of Defense is authorized, in consultation with Secretary of State, to conduct routine and enhanced ports of call with key allies in the Indo-Asia Pacific region.

This bill authorizes the Department of State to seek to establish a joint commission with countries in the Indo-Asia Pacific region to: support professional dialogues to coordinate the detection of North Korean violations of United Nations Security Council resolutions, develop responses, and enhance monitoring of nuclear weapons proliferation capabilities; coordinate sub-cabinet level political discussions on contingency responses to such violations; facilitate technical discussions among the Departments of State, Defense (DOD), Energy, and the Treasury, the Intelligence Community, and their counterparts in countries in the region on technical aspects of North Korea's nuclear program and accompanying U.S. sanctions; coordinate information sharing among the intelligence services of the participating countries to identify immediate threats; and create guidelines for coordinating multilateral direct action against shared threats. The bill declares that it is U.S. policy: (1) to continue to maintain robust and multifaceted diplomatic engagement in the region, to include promoting U.S. values and economic interests and a strong military posture; and (2) that diplomacy, development, and defense should be used to enhance U.S. national security, promote U.S. interests, reassure U.S. allies, deter aggression, and respond swiftly to crises. DOD may conduct routine and enhanced ports of call with key allies in the region.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Disaster Reform Act of 2013''. SEC. 2. CLARIFICATION OF COLLATERAL REQUIREMENTS. Section 7(d)(6) of the Small Business Act (15 U.S.C. 636(d)(6)) is amended by inserting after ``which are made under paragraph (1) of subsection (b)'' the following: ``: Provided further, That the Administrator, in obtaining the best available collateral for a loan of not more than $200,000 under paragraph (1) or (2) of subsection (b) relating to damage to or destruction of the property of, or economic injury to, a small business concern, shall not require the owner of the small business concern to use the primary residence of the owner as collateral if the Administrator determines that the owner has other assets with a value equal to or greater than the amount of the loan that could be used as collateral for the loan: Provided further, That nothing in the preceding proviso may be construed to reduce the amount of collateral required by the Administrator in connection with a loan described in the preceding proviso or to modify the standards used to evaluate the quality (rather than the type) of such collateral''. SEC. 3. ASSISTANCE TO OUT-OF-STATE SMALL BUSINESSES. Section 21(b)(3) of the Small Business Act (15 U.S.C. 648(b)(3)) is amended-- (1) by striking ``(3) At the discretion'' and inserting the following: ``(3) Assistance to out-of-state small businesses.-- ``(A) In general.--At the discretion''; and (2) by adding at the end the following: ``(B) Disaster recovery assistance.-- ``(i) In general.--At the discretion of the Administrator, the Administrator may authorize a small business development center to provide assistance, as described in subsection (c), to a small business concern located outside of the State, without regard to geographic proximity, if the small business concern is located in an area for which the President has declared a major disaster under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170), during the period of the declaration. ``(ii) Continuity of services.--A small business development center that provides counselors to an area described in clause (i) shall, to the maximum extent practicable, ensure continuity of services in any State in which the small business development center otherwise provides services. ``(iii) Access to disaster recovery facilities.--For purposes of this subparagraph, the Administrator shall, to the maximum extent practicable, permit the personnel of a small business development center to use any site or facility designated by the Administrator for use to provide disaster recovery assistance.''. SEC. 4. SENSE OF CONGRESS. It is the sense of Congress that, subject to the availability of funds, the Administrator of the Small Business Administration shall, to the extent practicable, ensure that a small business development center is appropriately reimbursed for any legitimate expenses incurred in carrying out activities under section 21(b)(3)(B) of the Small Business Act (15 U.S.C. 648(b)(3)(B)), as added by this Act. SEC. 5. INCREASED OVERSIGHT OF ECONOMIC INJURY DISASTER LOANS. (a) In General.--Section 7(b) of the Small Business Act (15 U.S.C. 636(b)) is amended by inserting immediately after paragraph (9)(D)(3)(cc) the following: ``(10) Increased oversight of economic injury disaster loans.--The Administrator shall increase oversight of entities receiving loans under paragraph (2), including-- ``(A) random site visits to ensure borrower eligibility and compliance with requirements established by the Administrator; and ``(B) random reviews of the use of the loan proceeds by an entity described in paragraph (2) to ensure compliance with requirements established by the Administrator.''. (b) Sense of Congress Relating to Using Existing Funds.--It is the sense of Congress that no additional Federal funds shall be made available to carry out the amendments made by this section. SEC. 6. REDUCTION OF PAPERWORK BURDEN. (a) Sense of Congress.--It is the sense of Congress that the Administrator of the Small Business Administration should-- (1) reduce paperwork burdens pursuant to section 3501 of title 44, United States Code, on small business concerns applying for disaster assistance under section 7(b) of the Small Business Act (15 U.S.C. 636(b)); and (2) ensure that the application for disaster assistance under section 7(b) of the Small Business Act (15 U.S.C. 636(b)) facilitates deterring and detecting potential incidents of waste, fraud, and abuse. (b) Reduction.--Section 7(b) of the Small Business Act (15 U.S.C. 636(b)) is amended by inserting immediately after paragraph (10), as added by this Act, the following: ``(11) Paperwork reduction.--The Administrator shall take steps to reduce, to the maximum extent practicable, the paperwork associated with the application for a loan under this subsection.''. SEC. 7. REPORT ON WEB PORTAL FOR DISASTER LOAN APPLICANTS. Section 38 of the Small Business Act (15 U.S.C. 657j) is amended by adding at the end the following: ``(c) Report on Web Portal for Disaster Loan Application Status.-- ``(1) In general.--Not later than 90 days after the date of enactment of this subsection, the Administrator shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report relating to the creation of a web portal to the track the status of applications for disaster assistance under section 7(b). ``(2) Contents.--The report under paragraph (1) shall include-- ``(A) information on the progress of the Administration in implementing the information system under subsection (a); ``(B) recommendations from the Administration relating to the creation of a web portal for applicants to check the status of an application for disaster assistance under section 7(b), including a review of best practices and web portal models from the private sector; ``(C) information on any related costs or staffing needed to implement such a web portal; ``(D) information on whether such a web portal can maintain high standards for data privacy and data security; ``(E) information on whether such a web portal will minimize redundancy among Administration disaster programs, improve management of the number of inquiries made by disaster applicants to employees located in the area affected by the disaster and to call centers, and reduce paperwork burdens on disaster victims; and ``(F) such additional information as is determined necessary by the Administrator.''.

Small Business Disaster Reform Act of 2013 - Amends the Small Business Act with respect to obtaining the best available collateral for a disaster loan of not more than $200,000 relating to damage to or destruction of the property of, or economic injury to, a small business concern. Prohibits the Administrator of the Small Business Administration (SBA), in obtaining such collateral, from requiring the small business owner to use the owner's primary residence as collateral if the owner has other assets with a value equal to or greater than the loan amount that could be used as collateral for the loan. Allows the Administrator to authorize a Small Business Development Center (SBDC) to provide assistance to small businesses outside the state of that SBDC, without regard to geographical proximity, if the small business is in an area for which the President has declared a major disaster. Expresses the sense of Congress that the Administrator shall ensure that a SBDC is appropriately reimbursed for any legitimate expenses in carrying out such assistance. Directs the Administrator to increase oversight of small businesses receiving economic injury disaster loans, including random site visits and random reviews of loan usage. Expresses the sense of Congress that no additional federal funds shall be made available for such increased oversight. Expresses the sense of Congress that the Administrator should: (1) reduce paperwork burdens on small businesses applying for SBA disaster assistance loans; and (2) ensure that the application for such assistance facilitates deterring and detecting potential instances of waste, fraud, and abuse. Requires the Administrator to take steps to reduce, to the maximum extent practicable, such paperwork. Requires a report from the Administrator to the congressional small business committees relating to the creation of a web portal to track the status of applications for SBA disaster assistance.