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SECTION 1. SHORT TITLE. This Act may be cited as the ``Human Research Subject Protections Act of 1997''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress makes the following findings: (1) The Constitution guarantees the right of the people to be secure in their persons, and the Declaration of Independence asserts as self-evident that all men have certain unalienable rights among these are life, liberty and the pursuit of happiness. (2) The first principle of the Nuremberg code states that with respect to human research, the voluntary consent of the human subject is absolutely essential. The Nuremberg code further asserts that such consent must be competent, informed and comprehending. (3) In 1974, the Department of Health, Education and Welfare published regulations (45 CFR 46) governing the protection of human subjects in research. These regulations applied only to research sponsored by the Department. In 1991 these regulations were adopted by 16 additional Federal agencies to apply to any research which these agencies may sponsor. (4) Between 1974 and 1983, Congress enacted 2 Public Laws that established ethical advisory bodies. Public Law 91-348 established the National Commission for the Protection of Human Subjects of Biomedical Research and Public Law 95-622 established the President's Commission for the Study of Ethical Problems in Medicine and Biomedical and Behavioral Research. Each of these advisory bodies made recommendations to the President and Congress to expand protections for human research subjects. Some of these recommendations have been incorporated into the Federal regulation (45 CFR 46). (5) In 1995, the President's Advisory Committee on Human Radiation Experiments found that there are significant deficiencies in some aspects of the current system for the protection of human subjects. In particular, the Committee found that some consent forms currently in use are flawed in morally significant aspects. (6) The President's Advisory Committee on Human Radiation Experiments recommended the adoption of a Federal policy requiring the informed consent of all human subjects of classified research and that this requirement not be subject to exemption or waiver. The Committee further recommended that in all cases, potential subjects should be informed of the identity of the sponsoring Federal agency and that the project involves classified information. (7) Some agencies of the Federal government sponsor research involving human subjects, but these agencies have not adopted the Common Rule as provided for in part 46 of title 45, Code of Federal Regulations. (8) Private individuals or institutions that do not receive any Federal funding or that are not seeking the approval of the Food and Drug Administration for a drug or device, and that sponsor research involving human subjects, do not need to abide by the requirements of part 46 of title 45, Code of Federal Regulations. (9) Many, but not all, research institutions that receive Federal sponsorship for research involving human subjects may voluntarily apply the protections of the Common Rule to all research conducted at the research institution. (10) Notwithstanding paragraphs (1) through (9), no provision of United States law explicitly requires that informed consent and independent review of research involving human subject be obtained. (11) The human research subject activities described in this section are either in interstate (or foreign) commerce or substantially affect such commerce or the free flow thereof, and the regulation of those activities as provided for in this Act is necessary to prevent and eliminate burdens upon such commerce and to effectively regulate such commerce, in order to insure that the rights and welfare of human research subjects are protected. (b) Purpose.--The purposes of this Act are-- (1) to apply common rule protections to all human subject research and provide for criminal sanctions for violations of this Act; (2) to prohibit the provision of Federal support for classified research that is not reviewed by an institutional review board and require disclosure to human research subjects of certain information regarding classified research; and (3) to address any potential regulatory conflict of interest within the Department of Health and Human Services and the National Institutes of Health, and establish an Office for Protection of Research Subjects within the Office of the Secretary of Health and Human Services. SEC. 3. DEFINITIONS. In this Act: (1) Assurance.--The term ``assurance'' means a written agreement between the Secretary and a research facility, or an institution supporting the research facility, that such research facility will comply with all Federal ethical standards regarding human subject research, including the common rule protections. Such term includes a ``single project assurance'', ``multiple project assurance'', and ``cooperative project assurance''. (2) Board.--The term ``board'' means an institutional review board established in accordance with and for the purposes expressed in this Act. (3) Classified research.--The term ``classified research'' means research involving human subjects that is specifically authorized under criteria established by an Executive Order to be kept secret in the interest of national defense of foreign policy. (4) Common rule protections.--The term ``common rule protections'' means the requirements and protections provided under part 46 of title 45, Code of Federal Regulations, as in effect on the date of enactment of this Act. (5) Human subject.--The term ``human subject'' means a living individual about whom an investigator (whether professional or student) conducting research obtains-- (A) data through intervention or interaction with the individual; or (B) individually identifiable private information. (6) Interstate commerce.--The term ``interstate commerce'' has the meaning given the term in section 201(b) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(b)). (7) Office.--The term ``Office'' means the Office for Protection of Research Subjects established under section 102(a) or the Office designated under section 102(b). (8) Research.--The term ``research'' means a systematic investigation, including research development, testing and evaluation, designed to develop or contribute to generalizable knowledge, and those activities for which a Federal department or agency has specific responsibility for regulating as research activities. (9) Research facility.--The term ``research facility'' means any public or private entity, agency (including Federal, State, and other agencies) or person that-- (A) uses human subjects in research involving interstate commerce; or (B) receives support under a grant, loan, contract, or other award from a department, agency, or instrumentality of the United States for the purpose of carrying out research using human subjects. (10) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. (11) State.--The term ``State'' means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, or any other territory or possession of the United States. TITLE I--GENERAL RESEARCH REQUIREMENTS SEC. 101. APPLICATION OF COMMON RULE REQUIREMENTS AND PROTECTIONS. (a) In General.--Except as provided in subsection (b), the requirements and protections provided under part 46 of title 45, Code of Federal Regulations, as in effect on the date of enactment of this Act, shall apply to research conducted by research facilities using human subjects. (b) Exception When in Conflict with Act.--The provisions of this Act shall supersede any provision of part 46 of title 45, Code of Federal Regulations, if such provisions are in conflict. SEC. 102. OFFICE FOR PROTECTION OF RESEARCH SUBJECTS. (a) Establishment.--Not later than 90 days after the date of enactment of this Act, the Secretary shall establish within the Office of the Secretary an office to be known as the ``Office for Protection of Human Research Subjects'' or make the designation described in subsection (b). (b) Designation.--Not later than 90 days after the date of enactment of this Act, the Secretary may reassign the Office for Protection from Research Risks to the Office of the Secretary and designate such Office to carry out the duties of the Office under this Act. (c) Funding.--The Secretary shall ensure the availability of such sums as may be necessary to enable the Office to conduct all activities under this Act, as well as to conduct appropriate oversight and implementation activities. SEC. 103. REGISTRATION OF FACILITIES. (a) In General.--To conduct research using human subjects, a research facility shall have in effect a valid registration with the Secretary in accordance with this section and with such regulations as the Secretary may promulgate. (b) Requirements.--An application for registration under subsection (a) shall include-- (1) a statement of the principles of the applicant research facility with respect to the protection of the rights and welfare of humans subjects of research conducted or supported by the research facility; (2) a designation of the official responsible for all human subject research conducted or supported by the applicant research facility; (3) a designation of, and membership roster or rosters for, each board that is responsible for reviewing human subject research conducted or supported by the applicant research facility; and (4) an assurance that the applicant research facility is complying and will continue to comply with the requirements for-- (A) board membership; (B) the functions and operations of the board; (C) the review of research by the board; (D) the approval of research by the board; (E) the suspension or termination of board approval of research; (F) the maintenance of records by the board; and (G) obtaining and documenting informed consent from human subjects, consent from children, and permission from parents or guardians as provided for in the common rule protections. (c) Period of Registration.--The registration of a research facility shall be valid for the 3-year period beginning on the date on which the Secretary approves the application for registration, except that such registration may be suspended, revoked or deemed to be incomplete or otherwise insufficient by the Secretary. (d) Affect of Assurances.--Upon the notification of the Secretary by the official designated under subsection (b)(2), a research facility shall be deemed to be in compliance with the registration provisions of this section, if that research facility has in effect a valid assurance negotiated with the Department of Health and Human Services. (e) Failure to Register.--A research facility may not conduct an activity covered by this Act if the facility is not registered with the Secretary under this section or an assurance described in subsection (d) is not in effect. SEC. 104. INSPECTION AND INVESTIGATION. (a) In General.--The Secretary may carry out such inspections or investigations as may be necessary to enable the Secretary to determine whether any research facility has violated or is violating any provision of this Act. (b) Access to Facilities and Records.--To enable the Secretary to carry out subsection (a), the Secretary shall, after providing reasonable notice, be provided with access to a research facility and the records required to be kept by the facility pursuant to section 103(b)(4) and the common rule protections. (c) Penalties.--Title 18, United States Code, is amended by inserting after chapter 89 the following: ``CHAPTER 90--PROTECTION OF HUMAN SUBJECTS BY RESEARCH FACILITIES ``Sec. 1841. Protection of human subjects ``(a) In General.--Whoever forcibly assaults, resists, opposes, impedes, intimidates, or interferes with any person while such person is engaged in the performance of his or her official duties under the Human Research Subject Protections Act of 1997, or because such person has carried out such duties, shall be fined not more than $10,000, or imprisoned not more than 3 years, or both. ``(b) Use of Weapon.--Whoever in the commission of an act that is a violation of subsection (a), uses a deadly or dangerous weapon shall be fined not more than $25,000, or imprisoned not more than 10 years, or both. ``(c) Homicide.--Whoever kills any human being while that human being is engaged in the performance of his or her official duties under the Human Research Subject Protections Act of 1997, or because such human being has carried out such duties, shall be fined or imprisoned as provided for under sections 1111 and 1114.''. SEC. 105. ENFORCEMENT. (a) Suspension of Registration.--If the Secretary has reason to believe that any research facility registered under section 103 has violated or is in violation of any provision of this Act, or of any of the rules or regulations or standards promulgated by the Secretary under this Act, the Secretary may suspend the registration of that research facility for a period of not to exceed 30 days, and after notice and opportunity for a hearing, may suspend such registration for any additional period as the Secretary may determine appropriate. Upon a determination by the Secretary that such a violation has occurred the Secretary may continue such suspension or revoke the registration. (b) Penalties.--Any employee of a research facility that knowingly violates any provision of this Act shall, on conviction thereof, shall be fined not more than $10,000, or imprisoned not more than 3 years, or both. Such violation shall be referred by the Secretary to the United States Department of Justice for prosecution. SEC. 106. REGULATIONS. The Secretary may promulgate such regulations as the Secretary determines to be necessary to carry out this Act. TITLE II--CLASSIFIED RESEARCH SEC. 201. PROHIBITION. Notwithstanding any other provision of law, no Federal funds shall be expended for the conduct of any classified research where a board has waived informed consent as defined in the common rule protections or where a determination has been made that the research is exempt from review by such a board. SEC. 202. ADDITIONAL REQUIREMENTS. In addition to the requirements applicable under the common rule protections, the human subjects involved in any classified research that receives Federal funding shall be provided with the following additional information: (1) The identity of the Federal agency providing funds in connection with the conduct of such research. (2) A statement that the research involves classified information. (3) An unclassified description of the purpose of the research.

TABLE OF CONTENTS: Title I: General Research Requirements Title II: Classified Research Human Research Subject Protections Act of 1997 - Title I: General Research Requirements - Applies the requirements of specified provisions of the Code of Federal Regulations (common rule protections) to research conducted by research facilities using human subjects. Requires that the Office of the Secretary of Health and Human Services handle human subject protection, either through establishment in the Secretary's Office of the Office for Protection of Human Research Subjects or through reassignment to the Secretary's Office of the Office for Protection from Research Risks. Requires research facilities, in order to conduct research using human subjects, to have a registration with the Secretary. Authorizes the Secretary to carry out inspections or investigations to determine whether any facility has violated or is violating this Act. Amends the Federal Criminal Code to mandate fines or imprisonment (or both) for assault, resistance, interference, etc., regarding the performance of official duties under this Act. Provides for suspension of registration for suspected violations and suspension or revocation of registration and fines or imprisonment for violations. Title II: Classified Research - Prohibits the expenditure of Federal funds for the conduct of any classified research (research involving human subjects that is authorized under certain criteria established by an Executive Order to be kept secret) where a board has waived informed consent as defined in the common rule protections or where a determination has been made that the research is exempt from board review. Requires that, in addition to the common rule protections, subjects be informed: (1) of the identity of the Federal agency providing funds; (2) that the research involves classified information; and (3) regarding an unclassified description of the purpose of the research.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Raechel and Jacqueline Houck Safe Rental Car Act of 2013''. SEC. 2. DEFINITIONS. Section 30102(a) of title 49, United States Code, is amended-- (1) by redesignating paragraphs (10) and (11) as paragraphs (12) and (13), respectively; (2) by redesignating paragraphs (1) through (9) as paragraphs (2) through (10), respectively; (3) by inserting before paragraph (2), as redesignated, the following: ``(1) `covered rental vehicle' means a motor vehicle that-- ``(A) has a gross vehicle weight rating of 10,000 pounds or less; ``(B) is rented without a driver for an initial term of less than 4 months; and ``(C) is part of a motor vehicle fleet of 5 or more motor vehicles that are used for rental purposes by a rental company.''; and (4) by inserting after paragraph (10), as redesignated, the following: ``(11) `rental company' means a person who-- ``(A) is engaged in the business of renting covered rental vehicles; and ``(B) uses for rental purposes a motor vehicle fleet of 5 or more covered rental vehicles.''. SEC. 3. REMEDIES FOR DEFECTS AND NONCOMPLIANCE. Section 30120(i) of title 49, United States Code, is amended-- (1) in the subsection heading, by adding ``, or Rental'' at the end; (2) in paragraph (1)-- (A) by striking ``(1) If notification'' and inserting the following: ``(1) In general.--If notification''; (B) by indenting subparagraphs (A) and (B) four ems from the left margin; (C) by inserting ``or the manufacturer has provided to a rental company notification about a covered rental vehicle in the company's possession at the time of notification'' after ``time of notification''; (D) by striking ``the dealer may sell or lease,'' and inserting ``the dealer or rental company may sell, lease, or rent''; and (E) in subparagraph (A), by striking ``sale or lease'' and inserting ``sale, lease, or rental agreement''; (3) by amending paragraph (2) to read as follows: ``(2) Rule of construction.--Nothing in this subsection may be construed to prohibit a dealer or rental company from offering the vehicle or equipment for sale, lease, or rent.''; and (4) by adding at the end the following: ``(3) Specific rules for rental companies.-- ``(A) In general.--Except as otherwise provided under this paragraph, a rental company shall comply with the limitations on sale, lease, or rental set forth in subparagraph (C) and paragraph (1) as soon as practicable, but not later than 24 hours after the earliest receipt of the notice to owner under subsection (b) or (c) of section 30118 (including the vehicle identification number for the covered vehicle) by the rental company, whether by electronic means or first class mail. ``(B) Special rule for large vehicle fleets.-- Notwithstanding subparagraph (A), if a rental company receives a notice to owner covering more than 5,000 motor vehicles in its fleet, the rental company shall comply with the limitations on sale, lease, or rental set forth in subparagraph (C) and paragraph (1) as soon as practicable, but not later than 48 hours after the earliest receipt of the notice to owner under subsection (b) or (c) of section 30018 (including the vehicle identification number for the covered vehicle) by the rental company, whether by electronic means or first class mail. ``(C) Special rule for when remedies not immediately available.--If a notification required under subsection (b) or (c) of section 30118 indicates that the remedy for the defect or noncompliance is not immediately available and specifies actions to temporarily alter the vehicle that eliminate the safety risk posed by the defect or noncompliance, the rental company, after causing the specified actions to be performed, may rent (but may not sell or lease) the motor vehicle. Once the remedy for the rental vehicle becomes available to the rental company, the rental company may not rent the vehicle until the vehicle has been remedied, as provided in subsection (a). ``(D) Inapplicability to junk automobiles.-- Notwithstanding paragraph (1), this subsection does not prohibit a rental company from selling a covered rental vehicle if such vehicle-- ``(i) meets the definition of a junk automobile under section 201 of the Anti-Car Theft Act of 1992 (49 U.S.C. 30501); ``(ii) is retitled as a junk automobile pursuant to applicable State law; and ``(iii) is reported to the National Motor Vehicle Information System, if required under section 204 of such Act (49 U.S.C. 30504).''. SEC. 4. MAKING SAFETY DEVICES AND ELEMENTS INOPERATIVE. Section 30122(b) of title 49, United States Code, is amended by inserting ``rental company,'' after ``dealer,'' each place such term appears. SEC. 5. INSPECTIONS, INVESTIGATIONS, AND RECORDS. Section 30166 of title 49, United States Code, is amended-- (1) in subsection (c)(2), by striking ``or dealer'' each place such term appears and inserting ``dealer, or rental company''; (2) in subsection (e), by striking ``or dealer'' each place such term appears and inserting ``dealer, or rental company''; and (3) in subsection (f), by striking ``or to owners'' and inserting ``, rental companies, or other owners''. SEC. 6. RESEARCH AUTHORITY. The Secretary of Transportation may conduct a study of-- (1) the effectiveness of the amendments made by this Act; and (2) other activities of rental companies (as defined in section 30102(a)(11) of title 49, United States Code) related to their use and disposition of motor vehicles that are the subject of a notification required under section 30118 of title 49, United States Code. SEC. 7. STUDY. (a) Additional Requirement.--Subsection (b)(2) of section 32206 of the Moving Ahead for Progress in the 21st Century Act (Public Law 112- 141; 126 Stat. 785) is amended-- (1) in subparagraph (E), by striking ``and'' at the end; (2) by redesignating subparagraph (F) as subparagraph (G); and (3) by inserting after subparagraph (E) the following: ``(F) evaluate the completion of safety recall remedies on rental trucks; and''. (b) Report.--Subsection (c) of such section is amended-- (1) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and indenting such subparagraphs, as so redesignated, an additional two ems from the left margin; (2) by striking ``Report.--Not later'' and inserting the following: ``(c) Reports.-- ``(1) Initial report.--Not later''; (3) in paragraph (1), by striking ``subsection (b)'' and inserting ``subparagraphs (A) through (E) and (G) of subsection (b)(2)''; and (4) by adding at the end the following: ``(2) Safety recall remedy report.--Not later than 1 year after the date of the enactment of the `Raechel and Jacqueline Houck Safe Rental Car Act of 2013', the Secretary shall submit a report to the congressional committees set forth in paragraph (1) that contains-- ``(A) the findings of the study conducted pursuant to subsection (b)(2)(F); and ``(B) any recommendations for legislation that the Secretary determines to be appropriate.''. SEC. 8. PUBLIC COMMENTS. The Secretary of Transportation shall solicit comments regarding the implementation of this Act from members of the public, including rental companies, consumer organizations, automobile manufacturers, and automobile dealers. SEC. 9. RULEMAKING. The Secretary of Transportation may promulgate rules, as appropriate, to implement this Act and the amendments made by this Act. SEC. 10. EFFECTIVE DATE. The amendments made by this Act shall take effect on the date that is 180 days after the date of the enactment of this Act.

. Raechel and Jacqueline Houck Safe Rental Car Act of 2013 - (Sec. 3) Authorizes a rental company that receives a notification (approved by the National Highway Traffic Safety Administration [NHTSA]) from the manufacturer of a covered rental vehicle about any equipment defect, or noncompliance with federal motor vehicle safety standards, to rent or sell the vehicle or equipment only if the defect or noncompliance is remedied. Specifies any rental vehicle: (1) rated at 10,000 pounds gross vehicle weight or less, (2) rented without a driver for an initial term of under 4 months, and (3) that is part of a motor vehicle fleet of 5 or more motor vehicles used for rental purposes by a rental company. Prescribes a special rule to require rental companies to comply with specified limitations on sale, lease, or rental of a motor vehicle as soon as practicable, but within 24 hours after the earliest receipt of the manufacturer's notification of a defect or noncompliance with vehicle safety standards, whether by electronic means or first class mail. Extends the 24-hour deadline for complying with such limitations to 48 hours if the notification covers more than 5,000 motor vehicles in the rental company's fleet. Permits a rental company to rent (but not sell or lease) a motor vehicle subject to recall if the defect or noncompliance remedy is not immediately available and the company takes any actions specified in the notice to alter the vehicle temporarily to eliminate the safety risk posed. Makes these special rules for rental companies inapplicable to junk automobiles. (Sec. 4) Prohibits a rental company from knowingly making inoperable any safety devices or elements of design installed on or in a compliant motor vehicle or vehicle equipment unless the company reasonably believes the vehicle or equipment will not be used when the devices or elements are inoperable. (Sec. 5) Authorizes the Secretary, upon request, to inspect records of a rental company with respect to a safety investigation. Authorizes the Secretary to require a rental company to keep records or make reports for purposes of compliance with federal motor vehicle safety orders or regulations. (Sec. 6) Authorizes the Secretary to study the effectiveness of the amendments made by this Act and of other activities of rental companies. (Sec. 7) Amends the Moving Ahead for Progress in the 21st Century Act (MAP-21) to require the mandatory study of the safety of rental trucks during a specified seven-year period to evaluate the completion of safety recall remedies on rental trucks. (Sec. 8) Directs the Secretary to solicit comments regarding the implementation of this Act from members of the public, including rental companies, consumer organizations, automobile manufacturers, and automobile dealers.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Empower States Act of 2012''. SEC. 2. FINDINGS. Congress finds that-- (1) the United States is dependent on adequate, affordable energy supplies from diverse sources for continued economic stability and growth, national security, and maintenance and enhancement of the quality of life of the people of the United States; (2) domestically produced natural gas and oil provide jobs and economic opportunity to the people of the United States and revenue to the States, including educational programs of the States; (3) volatile energy prices, as well as dependence on oil from Middle East sources, have a detrimental effect on the economy and security of the United States; (4) States have a long record of protecting human health and the environment while enabling increased energy development; (5) hydraulic fracturing is, and has been for decades, a common operation used in exploration and production by the oil and gas industry; (6) the regulation of oil and gas exploration and production activities, including hydraulic fracturing, has traditionally been the within the province of the States; and (7) States, that regulate oil and gas production, have comprehensive laws and regulations to ensure safe operations and drinking water. SEC. 3. STATE PRIMACY REGARDING SAFE DRINKING WATER. (a) Authority of Administrator.--Section 1414 of the Safe Drinking Water Act (42 U.S.C. 300g-3) is amended-- (1) in subsection (b), by striking ``(b) The Administrator'' and all that follows through ``The court may enter'' and inserting the following: ``(b) Enforcement Actions.-- ``(1) In general.--Subject to paragraph (2), the Administrator may bring a civil action in the appropriate United States district court to require compliance with any applicable requirement, with an order issued under subsection (g), or with any schedule or other requirement imposed pursuant to a variance or exemption granted under section 1415 or 1416, if the order, schedule, or other requirement is-- ``(A) authorized under paragraph (1) or (2) of subsection (a); or ``(B) requested by-- ``(i) the chief executive officer of the State in which is located the public water system that is not in compliance with such regulation or requirement; or ``(ii) the State agency with jurisdiction over compliance by public water systems in the State with national primary drinking water regulations or State drinking water regulations. ``(2) Requirement.--Notwithstanding paragraph (1), the Administrator may not take any enforcement action against a State that has primary enforcement responsibility for public water systems (within the meaning of section 1413(a)) or a company or individual within the State pursuant to this subsection, section 1423, or any other provision of law, unless-- ``(A) the Administrator determines that there is an imminent and substantial danger to the public health or environment; and ``(B) the State failed to take corrective action. ``(3) Action by court.--The court may enter''; (2) by redesignating subsections (h) and (i) as subsections (i) and (j), respectively; and (3) by inserting after subsection (g) the following: ``(h) Amendment or Revocation.--The Administrator may not amend or revoke any program of a State with partial or total primary enforcement responsibility under this section unless the Administrator determines, by clear and convincing evidence, that the program fails to effectively protect drinking water in the State.''. (b) Regulations.--Part E of the Safe Drinking Water Act (42 U.S.C. 300j et seq.) is amended by adding at the end the following: ``SEC. 1459. REGULATIONS. ``(a) Comments Relating to Oil and Gas Exploration and Production.--Before issuing or promulgating any guideline or regulation relating to oil and gas exploration and production on Federal, State, tribal, or fee land pursuant to this Act, the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), the Clean Air Act (42 U.S.C. 7401 et seq.), or any other provision of law or Executive order, the head of a Federal department or agency shall seek comments from and consult with the head of each affected State, State agency, and Indian tribe at a location within the jurisdiction of the State or Indian tribe, as applicable. ``(b) Statement of Energy and Economic Impact.--Each Federal department or agency shall develop a Statement of Energy and Economic Impact, which shall consist of a detailed statement and analysis supported by credible objective evidence relating to-- ``(1) any adverse effects on energy supply, distribution, or use, including a shortfall in supply, price increases, and increased use of foreign supplies; and ``(2) any impact on the domestic economy if the action is taken, including the loss of jobs and decrease of revenue to each of the general and educational funds of the State or affected Indian tribe. ``(c) Regulations.-- ``(1) In general.--A Federal department or agency shall not impose any new or modified regulation unless the head of the applicable Federal department or agency determines-- ``(A) that the rule is necessary to prevent immediate harm to human health or the environment; and ``(B) by clear and convincing evidence, that the State or Indian tribe does not have an existing reasonable alternative to the proposed regulation. ``(2) Disclosure.--Any Federal regulation promulgated on or after the date of enactment of this paragraph that requires disclosure of hydraulic fracturing chemicals shall refer to the database managed by the Ground Water Protection Council and the Interstate Oil and Gas Compact Commission (as in effect on the date of enactment of this Act). ``(d) Judicial Review.-- ``(1) In general.--With respect to any regulation described in this section-- ``(A) a State or Indian tribe adversely affected by an action carried out under the regulation shall be entitled to review by a United States district court located in the State or the District of Columbia of compliance by the applicable Federal department or agency with the requirements of this section; ``(B) an entity that is adversely affected by an action carried out under the regulation-- ``(i) may intervene in a review action carried out under subparagraph (A) by the State in which the adverse effect to the entity has occurred or would occur; and ``(ii) shall be entitled to the same judicial review as a State under subparagraph (A) if, not later than 90 days after the date of receipt of a petition from the entity, the State in which the adverse effect to the entity has occurred or would occur fails to seek judicial review pursuant to subparagraph (A). ``(2) Action by court.-- ``(A) In general.--A district court providing review under this subsection may enjoin or mandate any action by a relevant Federal department or agency until the district court determines that the department or agency has complied with the requirements of this section. ``(B) Damages.--The court shall not order money damages. ``(3) Scope and standard of review.--In reviewing a regulation under this subsection-- ``(A) the court shall not consider any evidence outside of the record that was before the agency; and ``(B) the standard of review shall be de novo.''.

Empower States Act of 2012 - Amends the Safe Drinking Water Act, with respect to enforcement of drinking water regulations, to prohibit the Administrator of the Environmental Protection Agency (EPA) from taking any enforcement action against a state with primary enforcement responsibility for public water systems or a company or individual within the state, unless: (1) the Administrator determines that there is an imminent and substantial danger to the public health or environment, and (2) the state failed to take corrective action. Prohibits the Administrator from amending or revoking any program of a state with partial or total primary enforcement responsibility unless the Administrator determines, by clear and convincing evidence, that the program fails to effectively protect drinking water in the state. Requires the head of a federal department or agency, before issuing or promulgating any guideline or regulation relating to oil and gas exploration and production on federal, state, tribal, or fee land pursuant to federal law or executive order, to seek comments from and consult with the head of each affected state, state agency, and Indian tribe at a location within their jurisdiction. Requires federal departments and agencies to develop Statements of Energy and Economic Impact that detail and analyze: (1) adverse effects of an action on energy supply, distribution, or use; and (2) impact on the domestic economy if the action is taken. Prohibits imposition of any new or modified oil and gas regulation unless the head of the applicable department or agency determines: (1) that the rule is necessary to prevent immediate harm to human health or the environment, and (2) by clear and convincing evidence that the state or tribe does not have an existing reasonable alternative to the proposed regulation. Requires any regulation promulgated after enactment of this Act that requires disclosure of hydraulic fracturing chemicals to refer to the database managed by the Ground Water Protection Council and the Interstate Oil and Gas Compact Commission. Sets forth procedures for judicial review of such regulations.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Rural Entrepreneur and Microenterprise Assistance Act''. SEC. 2. RURAL ENTREPRENEUR AND MICROENTERPRISE ASSISTANCE PROGRAM. Subtitle D of the Consolidated Farm and Rural Development Act is amended by inserting after section 364 (7 U.S.C. 2006f) the following: ``SEC. 365. RURAL ENTREPRENEUR AND MICROENTERPRISE ASSISTANCE PROGRAM. ``(a) Definitions.--In this section: ``(1) Economically disadvantaged microentrepreneur.--The term `economically disadvantaged microentrepreneur' means an owner, majority owner, or developer of a microenterprise that has the ability to compete in the private sector but has been impaired because of diminished capital and credit opportunities, as compared to other microentrepreneurs in the industry. ``(2) Indian tribe.--The term `Indian tribe' has the meaning given the term in section 4 of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 450b). ``(3) Intermediary.--The term `intermediary' means a private, nonprofit entity that provides assistance-- ``(A) to a microenterprise development organization; or ``(B) for a microenterprise development program. ``(4) Low-income individual.--The term low-income individual means an individual with an income (adjusted for family size) of not more than the greatest of-- ``(A) 80 percent of median income of an area; ``(B) 80 percent of the statewide non-metropolitan area median income; or ``(C) 80 percent of the national median income. ``(5) Microcredit.--The term `microcredit' means a business loan or loan guarantee of not more than $50,000 that is provided to a rural entrepreneur. ``(6) Microenterprise.--The term `microenterprise' means-- ``(A) a sole proprietorship; or ``(B) a business entity with not more than 10 full- time-equivalent employees. ``(7) Microenterprise development organization.-- ``(A) In general.--The term `microenterprise development organization' means a private, nonprofit entity that-- ``(i) provides training and technical assistance to rural entrepreneurs; and ``(ii) facilitates access to capital or another service described in subsection (b) for rural entrepreneurs. ``(B) Inclusions.--The term `microenterprise development organization' includes an organization described in subparagraph (A) with a demonstrated record of delivering services to economically disadvantaged microentrepreneurs, or an effective plan to develop a program to deliver microenterprise services to rural entrepreneurs effectively, as determined by the Secretary. ``(8) Microenterprise development program.--The term `microenterprise development organization' means a program administered by an organization serving a rural area. ``(9) Microentrepreneur.--The term `microentrepreneur' means the owner, operator, or developer of a microenterprise. ``(10) Program.--The term `program' means the rural entrepreneur and microenterprise program established under subsection (b)(1). ``(11) Qualified organization.--The term `qualified organization' means-- ``(A) a microenterprise development organization or microenterprise development program that has a demonstrated record of delivering microenterprise services to rural entrepreneurs, or an effective plan to develop a program to deliver microenterprise services to rural entrepreneurs effectively, as determined by the Secretary. ``(B) an intermediary that has a demonstrated record of delivery assistance to microenterprise development organizations or microenterprise development programs; ``(C) a microenterprise development organization or microenterprise development program that serves rural entrepreneurs; ``(D) an Indian tribe, the tribal government of which certifies to the Secretary that no microenterprise development organization or microenterprise development program exists under the jurisdiction of the Indian tribe; ``(E) a group of 2 or more organizations or Indian tribes described in any of subparagraphs (A) through (D) that agree to act jointly as a qualified organization under this section; or ``(F) for purposes of subsection (b), a public college or university. ``(12) Rural area.--The term `rural area' means any community that is rural in character and has a population of not more than 25,000 individuals. ``(13) Rural capacity building service.--The term `rural capacity building service' means a service provided to an organization that-- ``(A) is, or is in the process of becoming, a microenterprise development organization or microenterprise development program; and ``(B) serves rural areas for the purpose of enhancing the ability of the organization to provide training, technical assistance, and other related services to rural entrepreneurs. ``(14) Rural entrepreneur.--The term `rural entrepreneur' means a microentrepreneur, or prospective microentrepreneur-- ``(A) the principal place of business of which is in a rural area; and ``(B) that is unable to obtain sufficient training, technical assistance, or microcredit elsewhere, as determined by the Secretary. ``(15) Secretary.--The term `Secretary' means the Secretary of Agriculture, acting through the Rural Business-Cooperative Service. ``(16) Tribal government.--The term `tribal government' means the governing body of an Indian tribe. ``(b) Rural Entrepreneurship and Microenterprise Program.-- ``(1) Establishment.--The Secretary shall establish a rural entrepreneurship and microenterprise program. ``(2) Purpose.--The purpose of the program shall be to provide low-income individuals and moderate-income individuals with-- ``(A) the skills necessary to establish new small businesses in rural areas; and ``(B) continuing technical and financial assistance as individuals and business starting or operating small businesses. ``(3) Grants.-- ``(A) In general.--The Secretary may make a grant under the program to a qualified organization-- ``(i) to provide training, operational support, or a rural capacity building service to a qualified organization to assist the qualified organization in developing microenterprise training, technical assistance, market development assistance, and other related services, primarily for business with 5 or fewer full-time-equivalent employees; ``(ii) to assist in researching and developing the best practices in delivering training, technical assistance, and microcredit to rural entrepreneurs; and ``(iii) to carry out such other projects and activities as the Secretary determines to be consistent with the purposes of this section. ``(B) Subgrants.--Subject to such regulations as the Secretary may promulgate, a qualified organization that receives a grant under this paragraph may use the grant to provide assistance to other qualified organizations, such as small or emerging qualified organizations. ``(C) Diversity.--In making grants under this paragraph, the Secretary shall ensure, to the maximum extent practicable, that grant recipients include qualified organizations-- ``(i) of varying sizes; and ``(ii) that serve racially- and ethnically- diverse populations. ``(D) Cost sharing.-- ``(i) Federal share.--The Federal share of the cost of a project carried out using funds from a grant made under this paragraph shall be 75 percent. ``(ii) Form of non-federal share.--The non- Federal share of the cost of a project described in clause (i) may be provided-- ``(I) in cash (including through fees, grants (including community development block grants), and gifts); or ``(II) in kind. ``(4) Rural microloan program.-- ``(A) Establishment.--In carrying out the program, the Secretary may carry out a rural microloan program. ``(B) Purpose.--The purpose of the rural microloan program shall be to provide technical and financial assistance to sole proprietorships and small businesses located in rural areas with a particular focus on those businesses with 5 or fewer full-time equivalent employees. ``(C) Authority of secretary.--In carrying out the rural microloan program, the Secretary may-- ``(i) make direct loans to qualified organizations for the purpose of making short- term, fixed interest rate microloans to startup, newly established, and growing rural microbusiness concerns; and ``(ii) in conjunction with those loans, provide grants in accordance with subparagraph (E) to those qualified organizations for the purpose of providing intensive marketing, management, and technical assistance to small business concerns that are borrowers under this paragraph. ``(D) Loan duration; interest rates; conditions.-- ``(i) Loan duration.--A loan made by the Secretary under this paragraph shall be for a term of 20 years. ``(ii) Applicable interest rates.--A loan made by the Secretary under this paragraph to a qualified organization shall bear an annual interest rate of at least 1 percent. ``(iii) Deferral of interest and principal.--The Secretary may permit the deferral of payments, for principal and interest, on a loan made under this paragraph for a period of not more than 2 years, beginning on the date on which the loan was made. ``(E) Grant amounts.-- ``(i) In general.--Except as otherwise provided in this section, each qualified organization that receives a loan under this paragraph shall be eligible to receive a grant to provide marketing, management, and technical assistance to small business concerns that are borrowers or potential borrowers under this subsection. ``(ii) Maximum amount of grant for microenterprise development organizations.-- Each microenterprise development organization that receives a loan under this paragraph shall receive an annual grant in an amount equal to not more than 25 percent of the total outstanding balance of loans made to the microenterprise development organization under this paragraph, as of the date of provision of the grant. ``(iii) Matching requirement.-- ``(I) In general.--As a condition of any grant made to a qualified organization under this subparagraph, the Secretary shall require the qualified organization to match not less than 15 percent of the total amount of the grant. ``(II) Sources.--In addition to cash from non-Federal sources, a matching share provided by the qualified organization may include indirect costs or in-kind contributions funded under non-Federal programs. ``(c) Administrative Expenses.--Not more than 10 percent of assistance received by a qualified organization for a fiscal year under this section may be used to pay administrative expenses. ``(d) Funding.-- ``(1) In general.--Not later than 30 days after the date of enactment of this Act, and on October 1, 2008, and each October 1 thereafter through October 1, 2012, out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary to carry out this section $50,000,000, to remain available until expended. ``(2) Allocation of funds.--Of the amount made available by paragraph (1) for each fiscal year-- ``(A) not less than $30,000,000 shall be available for use in carrying out subsection (b)(3); and ``(B) not less than $20,000,000 shall be available for use in carrying out subsection (b)(4), of which not more than $7,000,000 shall be used to support direct loans. ``(C) Receipt and acceptance.--The Secretary shall be entitled to receive, shall accept, and shall use to carry out this section the funds transferred under paragraph (1), without further appropriation.''.

Rural Entrepreneur and Microenterprise Assistance Act - Amends the Consolidated Farm and Rural Development Act to direct the Secretary of Agriculture to establish a rural entrepreneur and microenterprise (sole proprietorship or business entity with not more than 10 full-time employees) program to help low- and moderate- income individuals acquire: (1) necessary skills to establish small rural businesses; and (2) technical and financial assistance. Authorizes the Secretary to carry out a related rural microloan program to provide technical and financial assistance to sole proprietorships and small rural businesses with a particular focus on businesses with five or fewer full-time employees.

SECTION 1. CONGRESSIONAL REVIEW OF AGENCY RULEMAKING. (a) Guidance Documents.--Paragraph (3) of section 804 of title 5, United States Code, is amended to read as follows: ``(3) The term `rule'-- ``(A) has the meaning given such term in section 551, except that such term does not include (except as otherwise provided in subparagraph (B))-- ``(i) any rule of particular applicability, including a rule that approves or prescribes for the future rates, wages, prices, services, or allowances therefor, corporate or financial structures, reorganizations, mergers, or acquisitions thereof, or accounting practices or disclosures bearing on any of the foregoing; ``(ii) any rule relating to agency management or personnel; or ``(iii) any rule of agency organization, procedure, or practice that does not substantially affect the rights or obligations of non-agency parties; and ``(B) includes guidance documents.''. (b) Significant Guidance Documents.--Paragraph (2) of section 804 of such title is amended to read as follows: ``(2) The term `major rule'-- ``(A) means any rule that the Administrator of the Office of Information and Regulatory Affairs of the Office of Management and Budget finds has resulted in or is likely to result in-- ``(i) an annual effect on the economy of $100,000,000 or more; ``(ii) a major increase in costs or prices for consumers, individual industries, Federal, State, or local government agencies, or geographic regions; or ``(iii) significant adverse effects on competition, employment, investment, productivity, innovation, or on the ability of United States-based enterprises to compete with foreign-based enterprises in domestic and export markets; and ``(B) includes significant guidance documents. The term does not include any rule promulgated under the Telecommunications Act of 1996 and the amendments made by that Act.''. (c) Definitions.--Section 804 of such title is amended by adding at the end the following new paragraphs: ``(4) The term `guidance document' means a statement of general applicability and future effect, other than a regulatory action, issued by a Federal agency that sets forth-- ``(A) a policy on a statutory, regulatory, or technical issue; or ``(B) an interpretation of a statutory or regulatory issue. ``(5) The term `significant guidance document'-- ``(A) means a guidance document disseminated to regulated entities or the general public that may reasonably be anticipated to-- ``(i) lead to an annual effect of $100,000,000 or more, or adversely affect in a material way the economy, a sector of the economy, productivity, competition, employment, the environment, public health or safety, or State, local, or tribal governments or communities; ``(ii) create a serious inconsistency, or otherwise interfere, with an action taken or planned by another Federal agency; ``(iii) materially alter the budgetary impact of any entitlement, grant, user fees, or loan programs, or the rights or obligations of recipients thereof; or ``(iv) raise novel legal or policy issues arising out of legal mandates; and ``(B) does not include any guidance document-- ``(i) on regulations issued in accordance with section 556 or 557 of title 5, United States Code; ``(ii) that pertains to a military or foreign affairs function of the United States, other than procurement regulations and regulations involving the import or export of non-defense articles and services; ``(iii) on regulations that are limited to the organization, management, or personnel matters of a Federal agency; or ``(iv) belonging to a category of guidance documents exempted by the Administrator of the Office of Information and Regulatory Affairs.''.

This bill requires guidance documents of federal agencies to be considered rules that are subject to the congressional review process, which Congress can use to overturn certain agency actions through a joint resolution of disapproval. "Guidance document" is defined as a statement of general applicability and future effect, other than a regulatory action, issued by a federal agency that sets forth: (1) a policy on a statutory, regulatory, or technical issue; or (2) an interpretation of a statutory or regulatory issue. Significant guidance documents are subject to review as major rules, which delays their effective date and requires the Government Accountability Office to review the agency's compliance with the regulatory process. A "significant guidance document" is a guidance document disseminated to regulated entities or the general public that may reasonably be anticipated to: (1) lead to an annual effect of at least $100 million or adversely affect in a material way the economy, a sector of the economy, productivity, competition, employment, the environment, public health or safety, or state, local, or tribal governments or communities; (2) create a serious inconsistency, or otherwise interfere, with an action taken or planned by another federal agency; (3) materially alter the budgetary impact of any entitlement, grant, user fees, or loan programs or the rights or obligations of recipients; or (4) raise novel legal or policy issues arising out of legal mandates. A guidance document is not considered to be significant if it: (1) concerns regulations issued in accordance with administrative procedures for rules required by statute to be made on record after opportunity for an agency hearing; (2) pertains to a U.S. military or foreign affairs function other than procurement regulations and regulations involving the import or export of non-defense articles and services; (3) concerns regulations that are limited to the organization, management, or personnel matters of a federal agency; or (4) belongs to a category of guidance documents exempted by the Office of Information and Regulatory Affairs.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Credit Union Share Insurance Stabilization Act''. SEC. 2. NCUA BORROWING AUTHORITY. (a) NCUA Borrowing Authority.--Section 203(d)(1) of the Federal Credit Union Act (12 U.S.C. 1783(d)(1)) is amended to read as follows: ``(1) If, in the judgment of the Board, a loan to the insurance fund, or to the stabilization fund described in section 217, is required at any time for purposes of this title, the Secretary of the Treasury shall make the loan, but loans under this paragraph shall not exceed in the aggregate $6,000,000,000 outstanding at any one time. Except as otherwise provided in this subsection, section 217, and in subsection (e) of this section, each loan under this paragraph shall be made on such terms as may be fixed by agreement between the Board and the Secretary of the Treasury.''. (b) Temporary Increases of Borrowing Authority for NCUA.--Section 203(d) of the Federal Credit Union Act (12 U.S.C. 1783(d)) is amended by adding at the end the following: ``(4) Temporary increases authorized.-- ``(A) Recommendations for increase.--During the period beginning on the date of enactment of this paragraph and ending on December 31, 2010, if, upon the written recommendation of the Board (upon a vote of not less than two-thirds of the members of the Board) and the Board of Governors of the Federal Reserve System (upon a vote of not less than two-thirds of the members of such Board), the Secretary of the Treasury (in consultation with the President) determines that additional amounts above the $6,000,000,000 amount specified in paragraph (1) are necessary, such amount shall be increased to the amount so determined to be necessary, not to exceed $30,000,000,000. ``(B) Report required.--If the borrowing authority of the Board is increased above $6,000,000,000 pursuant to subparagraph (A), the Board shall promptly submit a report to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives describing the reasons and need for the additional borrowing authority and its intended uses.''. SEC. 3. ESTABLISHMENT OF A NATIONAL CREDIT UNION SHARE INSURANCE FUND RESTORATION PLAN PERIOD. Section 202(c)(2) of the Federal Credit Union Act (12 U.S.C. 1782(c)(2)) is amended by adding at the end the following new subparagraph: ``(D) Fund restoration plans.-- ``(i) In general.--Whenever-- ``(I) the Board projects that the equity ratio of the Fund will, within 6 months of such determination, fall below the minimum amount specified in subparagraph (C); or ``(II) the equity ratio of the Fund actually falls below the minimum amount specified in subparagraph (C) without any determination under subclause (I) having been made, the Board shall establish and implement a restoration plan within 90 days that meets the requirements of clause (ii) and such other conditions as the Board determines to be appropriate. ``(ii) Requirements of restoration plan.--A restoration plan meets the requirements of this clause if the plan provides that the equity ratio of the Fund will meet or exceed the minimum amount specified in subparagraph (C) before the end of the 8-year period beginning upon the implementation of the plan (or such longer period as the Board may determine to be necessary due to extraordinary circumstances). ``(iii) Transparency.--Not more than 30 days after the Board establishes and implements a restoration plan under clause (i), the Board shall publish in the Federal Register a detailed analysis of the factors considered and the basis for the actions taken with regard to the plan.''. SEC. 4. TEMPORARY CORPORATE CREDIT UNION STABILIZATION FUND. (a) Establishment of Temporary Corporate Credit Union Stabilization Fund.--Title II of the Federal Credit Union Act (12 U.S.C. 1781 et seq.) is amended by adding at the end the following new section: ``SEC. 217. TEMPORARY CORPORATE CREDIT UNION STABILIZATION FUND. ``(a) Establishment of Stabilization Fund.--There is hereby created in the Treasury of the United States a fund to be known as the `Temporary Corporate Credit Union Stabilization Fund' (and referred to hereafter in this section as the `Stabilization Fund') to be administered by the Board as prescribed by section 209. ``(b) Expenditures From Stabilization Fund.--Money in the Stabilization Fund shall be available upon requisition by the Board, without fiscal year limitation, for making payments for the purposes described in section 203(a), subject to the following additional limitations: ``(1) All payments other than administrative payments shall be connected to the conservatorship, liquidation, or threatened conservatorship or liquidation of a corporate credit union. ``(2) Prior to authorizing each payment, the Board shall-- ``(A) certify that, absent the existence of the Stabilization Fund, the Board would have made the identical payment out of the National Credit Union Share Insurance Fund; and ``(B) report each such certification to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives. ``(c) Authority To Borrow.-- ``(1) In general.--The Stabilization Fund is authorized to borrow from the Secretary of the Treasury from time-to-time as deemed necessary by the Board. The maximum outstanding amount of all borrowings from the Treasury by the Stabilization Fund and the National Credit Union Share Insurance Fund, combined, is limited to the amount provided for in section 203(d)(1), including any authorized increases in that amount. ``(2) Repayment of advances.-- ``(A) In general.--The advances made under this section shall be repaid by the Stabilization Fund, and interest on such advances shall be paid, to the General Fund of the Treasury. ``(B) Variable rate of interest.--The Secretary of the Treasury shall make the first rate determination at the time of the first advance under this section and shall reset the rate again for all advances on each anniversary of the first advance. The interest rate shall be equal to the average market yield on outstanding marketable obligations of the United States with remaining periods to maturity equal to 12 months. ``(3) Repayment schedule.--The Stabilization Fund shall repay the advances on a first-in, first-out basis, with interest on the amount repaid, at times and dates determined by the Board at its discretion. All advances shall be repaid not later than the date of the seventh anniversary of the first advance to the Stabilization Fund, unless the Board extends this final repayment date. The Board shall obtain the concurrence of the Secretary of the Treasury on any proposed extension, including the terms and conditions of the extended repayment. ``(d) Assessment To Repay Advances.--At least 90 days prior to each repayment described in subsection (c)(3), the Board shall set the amount of the upcoming repayment and determine if the Stabilization Fund will have sufficient funds to make the repayment. If the Stabilization Fund might not have sufficient funds to make the repayment, the Board shall assess each federally insured credit union a special premium due and payable within 60 days in an aggregate amount calculated to ensure the Stabilization Fund is able to make the repayment. The premium charge for each credit union shall be stated as a percentage of its insured shares as represented on the credit union's previous call report. The percentage shall be identical for each credit union. Any credit union that fails to make timely payment of the special premium is subject to the procedures and penalties described under subsections (d), (e), and (f) of section 202. ``(e) Distributions From Insurance Fund.--At the end of any calendar year in which the Stabilization Fund has an outstanding advance from the Treasury, the Insurance Fund is prohibited from making the distribution to insured credit unions described in section 202(c)(3). In lieu of the distribution described in that section, the Insurance Fund shall make a distribution to the Stabilization Fund of the maximum amount possible that does not reduce the Insurance Fund's equity ratio below the normal operating level and does not reduce the Insurance Fund's available assets ratio below 1.0 percent. ``(f) Investment of Stabilization Fund Assets.--The Board may request the Secretary of the Treasury to invest such portion of the Stabilization Fund as is not, in the Board's judgment, required to meet the current needs of the Stabilization Fund. Such investments shall be made by the Secretary of the Treasury in public debt securities, with maturities suitable to the needs of the Stabilization Fund, as determined by the Board, and bearing 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 maturity. ``(g) Reports.--The Board shall submit an annual report to Congress on the financial condition and the results of the operation of the Stabilization Fund. The report is due to Congress within 30 days after each anniversary of the first advance made under subsection (c)(1). Because the Stabilization Fund will use advances from the Treasury to meet corporate stabilization costs with full repayment of borrowings to Treasury at the Board's discretion not due until 7 years from the initial advance, to the extent operating expenses of the Stabilization Fund exceed income, the financial condition of the Stabilization Fund may reflect a deficit. With planned and required future repayments, the Board shall resolve all deficits prior to termination of the Stabilization Fund. ``(h) Closing of the Stabilization Fund.--Within 90 days following the seventh anniversary of the initial Stabilization Fund advance, or earlier at the Board's discretion, the Board shall distribute any funds, property, or other assets remaining in the Stabilization Fund to the Insurance Fund and shall close the Stabilization Fund. If the Board extends the final repayment date as permitted under subsection (c)(3), the mandatory date for closing the Stabilization Fund shall be extended by the same number of days.''. (b) Conforming Amendment.--Section 202(c)(3)(A) of the Federal Credit Union Act (12 U.S.C. 1782(c)(3)(A)) is amended by inserting ``, subject to the requirements of section 217(e),'' after ``The Board shall''.

Credit Union Share Insurance Stabilization Act - Amends the Federal Credit Union Act (FCUA) to grant the National Credit Union Administration (NCUA) increased borrowing authority until December 31, 2010. Requires the NCUA Board to: (1) establish a National Credit Union Share Insurance Fund (NCUSIF) Restoration Plan whenever it projects that the equity ratio of the NCUSIF will fall below a designated minimum equity ratio; and (2) establish the Temporary Corporate Credit Union Stabilization Fund (TCCUSF) to make payments connected to the actual or threatened conservatorship or liquidation of a corporate credit union. Authorizes the TCCUSF to borrow from the Secretary of the Treasury, subject to specified conditions.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Civil Rights Quarter Dollar Coin Act of 2008''. TITLE I--CIVIL RIGHTS QUARTER DOLLARS SEC. 101. ISSUANCE OF REDESIGNED QUARTER DOLLARS EMBLEMATIC OF PROMINENT CIVIL RIGHTS LEADERS AND CIVIL RIGHTS EFFORTS IN AMERICA. Section 5112 of title 31, United States Code, is amended-- (1) by redesignating subsection (r) (as added by section 622 of the Financial Services and General Government Appropriations Act, 2008 (Public Law 110-161) as subsection (s); and (2) by adding at the end the following new subsection: ``(t) Redesign and Issuance of Quarter Dollars Emblematic of Prominent Civil Rights Leaders and Civil Rights Efforts in America.-- ``(1) Redesign beginning upon completion of prior program.-- ``(A) In general.--Notwithstanding the fourth sentence of subsection (d)(1) and subsection (d)(2), quarter dollars issued after the end of the program established under subsection (s) shall have designs on the reverse selected in accordance with this subsection which are emblematic of prominent civil rights leaders and important events that have advanced civil rights in America. ``(B) Flexibility with regard to placement of inscriptions.--Notwithstanding subsection (d)(1), the Secretary may select a design for quarter dollars referred to in subparagraph (A) in which-- ``(i) the inscription described in the second sentence of subsection (d)(1) appears on the reverse side of any such quarter dollars; and ``(ii) any inscription described in the third sentence of subsection (d)(1) or the designation of the value of the coin appears on the obverse side of any such quarter dollars. ``(2) Selection of civil rights leaders and events and design.--The designs selected for the reverse of the coins described under this subsection-- ``(A) Civil rights leaders and events.-- ``(i) In general.--The selection of prominent civil rights leaders and events that have advanced civil rights in America to be honored with a coin under this subsection shall be chosen by the Secretary after consultation with the Congressional Black Caucus, the Congressional Hispanic Caucus, and the Congressional Asian Pacific American Caucus. ``(ii) Coins may depict individuals and events such as-- ``(I) Martin Luther King, Jr.; ``(II) Harriet Tubman and the Underground Railroad; ``(III) The Little Rock Nine; ``(IV) Rosa Parks; ``(V) Cesar Chavez; ``(VI) Antonia Pantoja; ``(VII) Dionisio (Dennis) Chavez; ``(VIII) Patsy Mink; ``(IX) Philip Vera Cruz; and ``(X) Thurgood Marshall. ``(iii) No portrait of a living individual shall be selected for a coin under this subsection. ``(iv) 40 civil rights leaders and events shall be selected to be commemorated with coins under this subsection. ``(v) The selection process under clause (i) for-- ``(I) the first 32 coin designs shall be completed before the end of the 2-year period beginning on the date of the enactment of the Civil Rights Quarter Dollar Coin Act of 2008; and ``(II) the remaining coin designs shall be completed before the end of the 2-year period beginning on the date the first coin is issued that bears the first design selected under this subsection. ``(B) Design.--Each of the designs required under this subsection for quarter dollars shall be-- ``(i) selected by the Secretary after consultation with-- ``(I) the Congressional Black Caucus, the Congressional Hispanic Caucus, and the Congressional Asian Pacific American Caucus; ``(II) the Secretary of the Interior; and ``(III) the Commission of Fine Arts; ``(ii) reviewed by the Citizens Coinage Advisory Committee; and ``(iii) in the case of a design depicting the contribution of an individual civil rights leader, shall not depict the individual in a size such that the coin could be considered to be a `2-headed' coin. ``(3) Issuance of coins.-- ``(A) Rate of issuance.--The quarter dollar coins bearing designs of civil rights leaders and events under this subsection shall be issued at the rate of 5 new designs during each year of the period of issuance under this subsection. ``(B) Number of each of 5 coin designs in each year.--Of the quarter dollar coins issued during each year of the period of issuance, the Secretary of the Treasury shall prescribe, on the basis of such factors as the Secretary determines to be appropriate, the number of quarter dollars which shall be issued with each of the designs selected for such year. ``(C) Duration.--Subject to paragraph (2), the program established under this subsection shall continue in effect until a each of the selected civil rights leaders and events have been honored with a coin. ``(4) Treatment as numismatic items.--For purposes of sections 5134 and 5136, all coins minted under this subsection shall be considered to be numismatic items. ``(5) Issuance.-- ``(A) Quality of coins.--The Secretary may mint and issue such number of quarter dollars of each design selected under paragraph (3) in uncirculated and proof qualities as the Secretary determines to be appropriate. ``(B) Silver coins.--Notwithstanding subsection (b), the Secretary may mint and issue such number of quarter dollars of each design selected under paragraph (3) as the Secretary determines to be appropriate, with a content of 90 percent silver and 10 percent copper. ``(6) Designs after end of program.--Upon the completion of the coin program under this subsection, the design on-- ``(A) the obverse of the quarter dollar shall revert to the same design containing an image of President Washington in effect for the quarter dollar before the institution of the 50-State quarter dollar program; and ``(B) notwithstanding the fourth sentence of subsection (d)(1), the reverse of the quarter dollar shall contain an image of General Washington crossing the Delaware River prior to the Battle of Trenton.''. TITLE II--BULLION INVESTMENT PRODUCTS SEC. 201. SILVER BULLION COIN. Section 5112 of title 31, United States Code, is amended by inserting after subsection (t) (as added by title I of this Act) the following new subsection: ``(u) Silver Bullion Investment Product.-- ``(1) In general.--The Secretary shall strike and make available for sale such number of bullion coins as the Secretary determines to be appropriate that are exact duplicates of the quarter dollars issued under subsection (t), each of which shall-- ``(A) have a diameter of 3.0 inches and weigh 5.0 ounces; ``(B) contain .999 fine silver; ``(C) have incused into the edge the fineness and weight of the bullion coin; ``(D) bear an inscription of the denomination of such coin, which shall be `Quarter Dollar'; and ``(E) not be minted or issued by the United States Mint as so-called `fractional' bullion coins or in any size other than the size described in paragraph (A). ``(2) Availability for sale.--Bullion coins minted under paragraph (1)-- ``(A) shall become available for sale no sooner than the first day of the calendar year in which the circulating quarter dollar of which such bullion coin is a duplicate is issued; and ``(B) may only be available for sale during the year in which such circulating quarter dollar is issued.''.

Civil Rights Quarter Dollar Coin Act of 2008 - Requires quarter dollars to have designs on the reverse emblematic of prominent civil rights leaders and important events that have advanced civil rights in America. Instructs the Secretary of the Treasury to select such leaders and events. Requires five coin designs in each year of the period of issuance. Instructs the Secretary to strike and make available for sale silver bullion coins that are exact duplicates of such quarter dollars.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Forest Foundation Conservation Act''. SEC. 2. AMENDMENTS TO NATIONAL FOREST FOUNDATION ACT. (a) Provision of Administrative Support.--Subsection (c) of section 405 of the National Forest Foundation Act (16 U.S.C. 583j-3) is amended to read as follows: ``(c) Administrative Assistance.--(1) Subject to such limitations, terms, and conditions as the Secretary may establish, the Secretary may-- ``(A) detail personnel of the Department of Agriculture to assist the Foundation; and ``(B) provide the Foundation with Department of Agriculture facilities, equipment, supplies, and other administrative services (including Government-contracted transportation and travel services). ``(2) Assistance under paragraph (1) may be provided for partial or no reimbursement, as the Secretary considers appropriate.''. (b) Matching Funds.-- (1) Extension and expansion of authority; source of funds.--Section 410 of the National Forest Foundation Act (16 U.S.C. 583j-8) is amended to read as follows: ``SEC. 410. AVAILABILITY OF FUNDS TO MATCH FOUNDATION CONTRIBUTIONS. ``For the purposes of section 405 of this title, during the five- year period beginning on October 1, 1997, the Secretary may make available to the Foundation from benefiting Forest Service appropriations up to $5,000,000 each fiscal year to match, on a one- for-one basis, private contributions made to the Foundation.''. (2) Conforming amendments.--Section 405 of the National Forest Foundation Act (16 U.S.C. 583j-3) is amended-- (A) by striking subsection (a); (B) in subsection (b)-- (i) by striking ``In addition to the startup funds provided under subsection (a) of this section, for'' and inserting ``For''; (ii) by striking ``October 1, 1992,'' and inserting ``October 1, 1997,''; and (iii) by striking ``section 410(b)'' and inserting ``section 410''; and (C) by redesignating subsections (b) and (c) as subsections (a) and (b), respectively. (3) Effect of amendments.--The amendments made by this subsection shall not affect the availability or use of funds made available for fiscal year 1997 under sections 405(b) and 410(b) of the National Forest Foundation Act, as in effect on the day before the date of the enactment of this Act. (c) Use of Interest and Other Investment Income.--Section 404 of the National Forest Foundation Act (16 U.S.C. 583j-2) is amended by adding at the end the following new subsection: ``(f) Use of Interest and Other Investment Income.--Interest and other investment income earned (before, on, or after the date of the enactment of this subsection) by the Foundation and its subgrantees on Federal funds received from the Secretary under section 405, but not immediately disbursed, may be used by the Foundation to carry out the purposes of the Foundation under section 402(b).''. (d) Exception From Audit Reporting and Compliance Requirements.-- Section 407(a) of the National Forest Foundation Act (16 U.S.C. 583j- 5(a)) is amended by adding at the end the following new sentence: ``A subgrantee of the Foundation shall be exempt from the audit reporting and compliance requirements of Office of Management and Budget Circular A-133 (or any successor administrative regulation or policy) in the case of grants of $250,000 or less.''. (e) Licensing Use of Symbols; Violations.--Section 404 of the National Forest Foundation Act (16 U.S.C. 583j-2) is amended-- (1) in subsection (d)(3), by inserting ``license,'' after ``lease,''; and (2) by inserting after subsection (f), as added by subsection (c) of this section, the following new subsections: ``(g) Licensing Use of Symbols.--(1) To further the purposes of the Foundation under section 402(b), the Foundation shall have exclusive authority to license or authorize persons to use trademarks, tradenames, signs, symbols, emblems, insignia, logos, likenesses, or slogans to represent, promote, or advertise that an individual, company, or particular good or service is an official sponsor or supporter of the Forest Service, the National Forest System, or any unit thereof. Any license or authorization provided by the Foundation under this paragraph shall be subject to the prior written approval of the Secretary, who may not delegate this authority. ``(2) All net income derived from licenses and authorizations provided under paragraph (1) shall be expended by the Foundation in accordance with policies and priorities of the Forest Service on programs, projects, or activities that benefit the National Forest System or the Forest Service, as identified by the Secretary in consultation with the Foundation. ``(3) Nothing in this subsection shall affect the authority of the Secretary under Public Law 93-318 (16 U.S.C. 580p et seq.) relating to the name and character of `Smokey Bear', and the name and character of `Woodsy Owl'. ``(4) The authority provided to the Foundation by paragraph (1) shall expire on September 30, 2003. ``(h) Violation of Licensing Requirements.--Except as provided in subsection (g), no person may use for commercial purposes any trademark, tradename, sign, symbol, emblem, insignia, slogan, or related artistic design belonging to the Forest Service. Whoever, without the authorization of the Foundation under subsection (g), uses for purposes of trade, to induce the sale of any good or service, to promote any commercial activity, or for other commercial purpose, the name of the Foundation or any trademark, tradename, sign, symbol, emblem, insignia, logo, likeness, or slogan referred to in subsection (g), or any facsimile or simulation thereof tending to cause confusion, to cause mistake, to deceive, or to suggest falsely that an individual, company, or particular good or service is an official sponsor or official supporter of the National Forest System or the Forest Service, shall be subject to suit in a civil action by the Foundation for the remedies provided in title VI of the Act of July 5, 1946 (commonly referred to as the Trademark Act of 1946; 15 U.S.C. 1114 et seq.).''. (f) Reporting Requirements.--Section 407 of the National Forest Foundation Act (16 U.S.C. 583j-5) is amended by adding at the end the following new subsection: ``(c) Report on Licensing Activities.--Not later than 5 years after the date of the enactment of this subsection, the Secretary shall submit to the Committee on Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report assessing the cost, effectiveness, and effects of the licensing and authorization program established pursuant to section 404(g). The report shall include a recommendation regarding the desirability of extending the authority provided in such section beyond the expiration date specified in paragraph (4) of such section and assessments of the effect of such program on-- ``(1) visitation levels in the National Forest System; ``(2) the image of the National Forest System; ``(3) achievement of the needs and priorities of the Forest Service; ``(4) appropriations for the National Forest System; and ``(5) the costs of the Foundation and the Secretary to administer the program.''.

National Forest Foundation Conservation Act - Amends the National Forest Foundation Act to extend matching fund authority for the National Forest Foundation. Authorizes the Foundation to license the use of symbols, trademarks, or logos.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Justice Integrity Act of 2008''. SEC. 2. FINDINGS. Congress finds that-- (1) the pursuit of justice requires the fair application of the law; (2) racial and ethnic disparities in the criminal process have contributed to a growing perception of bias in the criminal justice system; (3) there are a variety of possible causes of disparities in criminal justice statistics among racial and ethnic groups and these causes may differ throughout the United States, including factors such as-- (A) varying levels of criminal activity among racial and ethnic groups and legitimate law enforcement response to that criminal activity; and (B) racial discrimination, ethnic and cultural insensitivity, or unconscious bias; (4) the Nation would benefit from an understanding of all factors causing a disparate impact on the criminal justice system; and (5) programs that promote fairness will increase public confidence in the criminal justice system, increase public safety, and further the pursuit of justice. SEC. 3. PILOT PROGRAM. (a) In General.--Not later than 90 days after the date of enactment of this Act, the Attorney General shall establish a pilot program in 10 United States districts in order to promote fairness, and the perception of fairness, in the Federal criminal justice system, and to determine whether legislation is required. (b) Program Requirements.-- (1) U.S. attorneys.--The Attorney General shall designate, in accordance with paragraph (3), 10 United States Attorneys who shall each implement a plan in accordance with section 4, beginning not later than 1 month after those United States Attorneys are designated by the Attorney General. (2) Purpose.--The purposes of the plans required by this section are-- (A) to gather racial and ethnic data on investigations and prosecutions in the United States districts and the causes of disparities, if any; (B) to determine the extent to which the communities' perception of bias has affected confidence in the Federal criminal justice system; (C) to analyze whether measures may be taken to reduce unwarranted disparities, if any, and increase confidence in the criminal justice system; and (D) to make recommendations, to the extent possible, to ensure that law enforcement priorities and initiatives, charging and plea bargaining decisions, sentencing recommendations, and other steps within the criminal process are not influenced by racial and ethnic stereotyping or bias, and do not produce unwarranted disparities from otherwise neutral laws or policies. (3) Criteria for selection.-- (A) In general.--The 10 pilot districts referred to in subsection (a) shall include districts of varying compositions with respect to size, case load, geography, and racial and ethnic composition. (B) Metropolitan areas.--At least 3 of the United States Attorneys designated by the Attorney General shall be in Federal districts encompassing metropolitan areas. SEC. 4. PLAN AND REPORT. (a) In General.-- (1) United states attorney.--Each United States Attorney shall, in consultation with an advisory group appointed in accordance with paragraph (2), develop and implement a plan in accordance with subsections (b) and (c). (2) Advisory group.-- (A) Appointment.--Not later than 90 days after designation by the Attorney General, the United States Attorney in each of the 10 pilot districts selected pursuant to section 3 shall appoint an advisory group, after consultation with the chief judge of the district and criminal justice professionals within the district. (B) Membership.--The advisory group of a United States Attorney shall include-- (i) 1 or more senior social scientists with expertise in research methods or statistics; and (ii) individuals and entities who play important roles in the criminal justice process and have broad-based community representation such as-- (I) Federal and State prosecutors; (II) Federal and State defenders, if applicable in the district, and private defense counsel; (III) Federal and State judges; (IV) Federal and State law enforcement officials and union representatives; (V) parole and probation officers; (VI) correctional officers; (VII) victim's rights representatives; (VIII) civil rights organizations; (IX) business and professional representatives; and (X) faith-based organizations who do criminal justice work. (C) Term limit.--Subject to subparagraph (D), a member of the advisory group shall not serve longer than 5 years. (D) Permanent members.--Notwithstanding subparagraph (C), the following shall be permanent members of the advisory group for that district: (i) The chief judge for the judicial district. (ii) The Federal defender for the judicial district. (iii) The United States Attorney for the judicial district. (E) Reporter.--The United States Attorney may designate a reporter for each advisory group, who may be compensated in accordance with guidelines established by the Executive Office of the United States Attorneys. (F) Independent contractors.--The members of an advisory group of a United States Attorney and any person designated as a reporter for such group-- (i) shall be considered independent contractors of the United States Attorney's Office when in the performance of official duties of the advisory group; and (ii) may not, solely by reason of service on or for the advisory group, be prohibited from practicing law before any court. (b) Development and Implementation of a Plan and Report.-- (1) Advisory group report.--The advisory group appointed under subsection (a)(2) shall-- (A)(i) systematically collect and analyze quantitative data on the race and ethnicity of the defendant and victim at each stage of prosecution, including case intake, bail requests, declinations, selection of charges, diversion from prosecution or incarceration, plea offers, sentencing recommendations, fast-track sentencing, and use of alternative sanctions; and (ii) at a minimum, collect aggregate data capable of individualization and tracking through the system so that any cumulative racial or ethnic disadvantage can be analyzed; (B) seek to determine the causes of racial and ethnic disparities in a district, and whether these disparities are substantially explained by sound law enforcement policies or if they are at least partially attributable to discrimination, insensitivity, or unconscious bias; (C) examine the extent to which racial and ethnic disparities are attributable to-- (i) law enforcement priorities, prosecutorial priorities, the substantive provisions of legislation enacted by Congress; or (ii) the penalty schemes enacted by Congress or implemented by the United States Sentencing Commission; (D) examine data including-- (i) the racial and ethnic demographics of the United States Attorney's district; (ii) defendants charged in all categories of offense by race and ethnicity, and, where applicable, the race and ethnicity of any identified victim; (iii) substantial assistance motions, whether at sentencing or post-conviction, by race and ethnicity; (iv) charging policies, including decisions as to who should be charged in Federal rather than State court when either forum is available, and whether these policies tend to result in racial or ethnic disparities among defendants charged in Federal court, including whether relative disparities exist between State and Federal defendants charged with similar offenses; (v) the racial and ethnic composition of the Federal prosecutors in the district; and (vi) the extent to which training in the exercise of discretion, including cultural competency, is provided prosecutors; (E) consult with an educational or independent research group, if necessary, to conduct work under this subsection; and (F) submit to the United States Attorney by the end of the second year after their initial appointment a report and proposed plan, which shall be made available to the public and which shall include-- (i) factual findings and conclusions on racial and ethnic disparities, if any, and the State of public confidence in the criminal process; (ii) recommended measures, rules, and programs for reducing unjustified disparities, if any, and increasing public confidence; and (iii) an explanation of the manner in which the recommended plan complies with this paragraph. (2) Adoption of plan.--Not later than 60 days after receiving and considering the advisory group's report and proposed plan under paragraph (1), the United States Attorney appointed under section 3 shall adopt and implement a plan. (3) Copy of report.--The United States Attorney shall transmit a copy of the plan and report adopted and implemented, in accordance with this subsection, together with the report and plan recommended by the advisory group, to the Attorney General. The United States Attorney shall include with the plan an explanation of any recommendation of the advisory group that is not included in the plan. (4) Congress.--The Attorney General shall transmit to the United States Attorney's in every Federal district and to the Committees on the Judiciary of the Senate and the House of Representatives copies of any plan and accompanying report submitted by a pilot district. (c) Periodic United States Attorney Assessment.--After adopting and implementing a plan under subsection (b), each United States Attorney in a pilot district shall annually evaluate the efficacy of the plan. In performing such assessment, the United States Attorney shall consult with the advisory group appointed in accordance with subsection (a)(2). Each assessment shall be submitted to the Executive Office for United States Attorneys for review in accordance with subsection (d). (d) Information on the Pilot Program.-- (1) Report and model plan.--Not later than 5 years after the date of the enactment of this Act, the Attorney General shall-- (A) prepare a comprehensive report on all plans received pursuant to this section; (B) based on all the plans received pursuant to this section the Attorney General shall also develop one or more model plans; and (C) transmit copies of the report and model plan or plans to the Committees on the Judiciary of the Senate and the House of Representatives. (2) Continued oversight.--The Attorney General shall, on a continuing basis-- (A) study ways to reduce unwarranted racial and ethnic disparate impact in the Federal criminal system; and (B) make recommendations to all United States Attorneys on ways to improve the system. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated $3,000,000 for use, at the discretion of the Attorney General, by the United States Attorneys' advisory groups in the development and implementation of plans under this Act.

Justice Integrity Act of 2008 - Requires the Attorney General to: (1) establish a pilot program in 10 U.S. districts to promote fairness and the perception of fairness in the federal criminal justice system and to determine whether legislation is required; and (2) designate a U.S. attorney in each of the districts to implement a plan for carrying out such pilot program. Requires each U.S. attorney designated to implement a pilot program to appoint an advisory group consisting of judges, prosecutors, defense attorneys, and other individuals and entities who play an important role in the criminal justice system. Requires each advisory group to: (1) collect and analyze data on the race and ethnicity of defendants at each stage of a criminal proceeding; (2) seek to determine causes of racial and ethnic disparities in the criminal justice process; and (3) submit to the U.S. attorney a report and proposed plan for addressing such disparities. Requires each U.S. attorney to annually evaluate the efficacy of a plan submitted by an advisory group. Requires the Attorney General to: (1) prepare a comprehensive report on all advisory group plans and submit such report and plans to Congress; and (2) exercise continuing oversight of the criminal justice system to reduce unwarranted racial and ethnic disparities and improve such system.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans Outreach Act of 2005''. SEC. 2. RESCISSION OF DEPARTMENT OF VETERANS AFFAIRS MEMORANDUM. (a) Rescission of Memorandum.--The memorandum of the Department of Veterans Affairs dated July 18, 2002, from the Deputy Under Secretary for Health for Operations and Management with the subject ``Status of VHA Enrollment and Associated Issues'' is hereby rescinded. Marketing activities of directors of health service networks (known as ``Veterans Integrated Service Networks'') of the Department of Veterans Affairs to enroll new veterans within their respective networks shall be carried out without regard to such memorandum. (b) Funding Limitation.--No funds available to the Department of Veterans Affairs may be used to carry out the memorandum referred to in subsection (a) or otherwise to implement the policy contained in that memorandum. SEC. 3. OUTREACH ACTIVITIES. (a) Annual Plan Required.--Subchapter II of chapter 77 of title 38, United States Code, is amended by adding at the end the following new sections: ``Sec. 7728. Annual plan on outreach activities ``(a) Annual Plan Required.--The Secretary shall prepare each year a plan for the outreach activities of the Department for the following year. ``(b) Elements.--Each annual plan under subsection (a) shall include the following: ``(1) Plans for efforts to identify veterans who are not enrolled or registered with the Department for benefits or services under the programs administered by the Secretary. ``(2) Plans for informing veterans and their dependents of modifications of the benefits and services under the programs administered by the Secretary, including eligibility for medical and nursing care and services. ``(c) Coordination in Development.--In developing an annual plan under subsection (a), the Secretary shall consult with the following: ``(1) Directors or other appropriate officials of organizations recognized by the Secretary under section 5902 of this title. ``(2) Directors or other appropriate officials of State and local education and training programs. ``(3) The Administration on Aging of the Department of Health and Human Services. ``(4) Representatives of nongovernmental organizations that carry out veterans outreach programs. ``(5) Representatives of State and local veterans employment organizations. ``(6) Businesses and professional organizations. ``(7) Other individuals and organizations that assist veterans in adjusting to civilian life. ``(d) Incorporation of Assessment of Previous Annual Plans.--In developing an annual plan under subsection (a), the Secretary shall take into account the lessons learned from the implementation of previous annual plans under that subsection and program evaluations from the Office of Policy, Planning, and Preparedness of the Department. ``Sec. 7729. Outreach activities: coordination of activities within Department ``(a) The Secretary shall establish and maintain procedures for ensuring the effective coordination of the outreach activities of the Department between and among the following: ``(1) The Office of the Secretary. ``(2) The Office of Public Affairs. ``(3) The Veterans Health Administration. ``(4) The Veterans Benefits Administration. ``(5) The National Cemetery Administration. ``(b) The Secretary shall-- ``(1) periodically review the procedures maintained under subsection (a) for the purpose of ensuring that such procedures meet the requirement in that subsection; and ``(2) make such modifications to such procedures as the Secretary considers appropriate in light of such review in order to better achieve that purpose.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 7727 the following new items: ``7728. Annual plan on outreach activities. ``7729. Outreach activities: coordination of activities within Department.''. (c) Initial Annual Plan.--The first annual outreach activities plan under section 7728 of title 38, United States Code, as added by subsection (a), shall be prepared for the first year beginning after the date of the enactment of this Act. SEC. 4. REQUIREMENT FOR OUTREACH EFFORTS AND DEDICATED STAFF AT EACH REGIONAL OFFICE. (a) Findings.--Congress and the Department of Veterans Affairs historically have targeted certain specific populations for outreach efforts concerning benefits under laws administered by the Secretary of Veterans Affairs. Groups currently targeted for such outreach efforts and for which program outreach coordinators have been designated at each regional office of the Department of Veterans Affairs are the following: (1) Former prisoners of war. (2) Women veterans. (3) Minority veterans. (4) Active duty personnel. (5) Homeless veterans. (6) Elderly veterans. (7) Recently separated veterans. (b) Eligible Dependent Defined.--Paragraph (2) of section 7721(b) of title 38, United States Code, is amended to read as follows: ``(2) the term `eligible dependent' means a spouse, surviving spouse (whether or not remarried), child (regardless of age or marital status), or parent of a person who served in the active military, naval, or air service.''. (c) Improved Outreach Program.--Section 7727 of title 38, United States Code, is amended to read as follows: ``Sec. 7727. Outreach for eligible dependents ``(a) In carrying out this subchapter, the Secretary shall ensure that the needs of eligible dependents are fully addressed. ``(b)(1) In order to carry out subsection (a), the Secretary shall assign such employees of the Veterans Benefits Administration as the Secretary considers appropriate to conduct outreach programs and provide outreach services for eligible dependents. In areas where the number of eligible dependents warrant doing so, the Secretary shall assign at least one employee in the Veterans Benefits Administration regional office to serve as a full-time coordinator of outreach programs and services for eligible dependents in that region. ``(2) Responsibilities of employees assigned to outreach functions under paragraph (1) shall include providing eligible dependents with-- ``(A) information about benefits under laws administered by the Secretary; and ``(B) contacting responsible regional office employees to facilitate-- ``(i) assistance in claims preparation and inquiry resolution; and ``(ii) in the case of a dependent of a deceased veteran for whom necessary records are incomplete, assistance in obtaining such records and other necessary information concerning the veteran. ``(c)(1) Information provided an eligible dependent under this section shall include information on how to apply for benefits for which the dependent may be eligible, including information about assistance available under subsection (b) and section 7722(d) of this title. ``(2) In the case of eligible dependents who are members of distinct beneficiary populations (such as survivors of deceased veterans), the Secretary shall ensure that information provided under this section includes specific information about benefits relating to that population. ``(d) For any geographic area in which there is a significant population of eligible dependents whose primary language is a language other than English, the Secretary shall make information provided under this subsection available to those dependents in the dominant language in that area (in addition to English). ``(e) Outreach services and assistance shall be provided for eligible dependents through the same means that are used for other specially targeted groups. ``(f) The Secretary shall ensure that the availability of outreach services and assistance for eligible dependents under this subchapter is made known through a variety of means, including the Internet, correspondence of the Department, announcements in veterans publications, announcements to the media, telephone directories, direct correspondence to congressional offices, military bases, public affairs offices, military retiree affairs offices, and United States embassies. ``(g) The Secretary shall support the Department's periodic evaluation under section 527 of this title concerning the Department's efforts to address the needs of eligible dependents. ``(h) The Secretary shall include in the Secretary's annual report under section 529 of this title an assessment of the programs of the Department addressing the information and assistance needs of veterans and eligible dependents. The Secretary shall include in each such report the following: ``(1) Information about expenditures, costs, and workload under the program of the Department directed towards the information and assistance needs of veterans and eligible dependents. ``(2) Information about outreach efforts directed toward veterans and eligible dependents. ``(3) Information about emerging needs within the program that relate to other provisions of law, including section 7725 of this title with respect to language needs of veterans and eligible dependents. ``(4) Information as to the timeline for implementation of improvements to meet existing and emerging needs of veterans and eligible dependents in addition to those specified in this section.''.

Veterans Outreach Act of 2005 - Rescinds a specified Department of Veterans Affairs (VA) memorandum (Status of VHA Enrollment and Associated Issues) from the Deputy Under Secretary for Health for Operations and Management. States that: (1) Veterans Integrated Service Networks' marketing activities shall be carried out without regard to such memorandum; and (2) no VA funds shall be used to carry out such memorandum. Directs the Secretary of the VA to annually prepare a plan for VA outreach activities for the following year which shall include plans to: (1) identify veterans who are not enrolled for VA benefits; and (2) inform veterans and their dependents of benefits changes, including medical and nursing care eligibility. Directs the Secretary to: (1) establish procedures to coordinate VA outreach activities; and (2) assign VA employees to conduct outreach program services for eligible dependents (spouse, surviving spouse (whether or not remarried), child (regardless of age or marital status), or parent of a person who served in the active military, naval, or air service).

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Real Property Disposal Pilot Program and Management Improvement Act of 2005''. 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--PILOT PROGRAM FOR EXPEDITED DISPOSAL OF FEDERAL REAL PROPERTY Sec. 101. Federal Real Property Disposal Pilot Program. TITLE II--IMPROVEMENTS TO ECONOMY AND EFFICIENCY OF FEDERAL REAL PROPERTY Sec. 201. Improvements to Federal real property management. TITLE III--GENERAL PROVISIONS Sec. 301. Definition of underutilized real property. TITLE I--PILOT PROGRAM FOR EXPEDITED DISPOSAL OF FEDERAL REAL PROPERTY SEC. 101. FEDERAL REAL PROPERTY DISPOSAL PILOT PROGRAM. (a) In General.--Chapter 5 of subtitle I of title 40, United States Code, is amended by adding at the end the following new subchapter: ``SUBCHAPTER VII--EXPEDITED DISPOSAL OF REAL PROPERTY ``Sec. 621. Requirement for pilot program ``(a) In General.--The Federal Real Property Council shall conduct a pilot program, to be known as the `Federal Real Property Disposal Pilot Program', under which excess property, surplus property, or underutilized real property shall be disposed of in accordance with this subchapter. ``Sec. 622. Selection of real properties ``The Federal Real Property Council shall select at least 10 real properties per year owned by executive agencies for participation in the pilot program. ``Sec. 623. Expedited disposal requirements ``(a) Requirement to Conduct Expedited Disposals.-- ``(1) In general.--Under the pilot program, the Federal Real Property Council shall direct executive agencies to conduct expedited disposals of the real properties selected pursuant to section 622 of this title. ``(2) Expedited disposal defined.--For purposes of the pilot program, an expedited disposal of a real property is a sale of real property for cash that is conducted pursuant to the requirements of section 545 of this title and that is not subject to-- ``(A) sections 550 and 553 of this title; or ``(B) section 501 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11411). ``(b) Fair Market Value.--A real property may be sold under the pilot program only if the Federal Government receives not less than 90 percent of the fair market value for the sale, determined in accordance with a method identified by the Council. ``(c) Monetary Proceeds; Prohibition on Transactions Other Than Sales for Cash.--A real property may be sold under the pilot program only if the property will generate monetary proceeds to the Federal Government. A disposal of real property under the pilot program may not include any exchange, trade, transfer, acquisition of like-kind property, or other non-cash transaction as part of the disposal. ``Sec. 624. Special rules for deposit and use of proceeds from expedited disposals ``(a) Distribution Requirements.--With respect to the disposal of a real property under the pilot program, the monetary proceeds from the disposal shall be distributed as follows: ``(1) 80 percent shall be deposited into the Treasury as miscellaneous receipts. ``(2) 10 percent shall be deposited into an account in the Treasury for use for any program or purpose previously authorized by law by any executive agency determined by the Federal Real Property Council to be affected by the disposal, to remain available until expended without further appropriation or authorization. ``(3) 5 percent shall be deposited into an account in the Treasury for use by the Federal Real Property Council to disburse to local taxing jurisdictions affected by the disposal. Funds not disbursed within 90 days after the disposal of the property shall be deposited into the Treasury as miscellaneous receipts. ``(4) 5 percent shall be deposited into an account in the Treasury for use by the Federal Real Property Council for such purposes as the Council considers appropriate, including for further study and other costs associated with the disposition of real properties. ``(b) Limitation.--Proceeds from the disposal of a real property under the pilot program shall not be subject to subchapter IV of this chapter. ``Sec. 625. Administrative provisions ``(a) Use of Agency Funds for Costs of Disposals.--Subject to subsection (b), an executive agency may use any amounts otherwise available to the agency for paying the costs to the agency of disposing of real property under the pilot program, including the costs of any of the following: ``(1) Site remediation, restoration, or other environmental services. ``(2) Relocation of affected tenants and other occupants. ``(3) Advertising and marketing. ``(4) Community outreach. ``(5) Surveying. ``(6) Appraisal. ``(7) Brokerage. ``(8) Historic preservation services. ``(9) Title insurance. ``(10) Due diligence. ``(11) Document notarization and recording services. ``(12) Prepayment of up to one year's assessed property taxes. ``(13) Any other costs, whether direct or indirect, associated with the sale of the property. ``(b) Limitation on Amount Used for Costs of Disposals.--With respect to the disposal of a real property by an executive agency, the agency may not use amounts, as authorized under subsection (a), for costs associated with the disposal of the property in any amount exceeding 25 percent of the fair market value of the property. ``Sec. 626. Termination of pilot program ``The Federal Real Property Disposal Pilot Program shall terminate 5 years after the date of the enactment of this subchapter.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 5 of subtitle I of title 40, United States Code, is amended by inserting after the item relating to section 611 the following: ``subchapter vii--expedited disposal of real property ``Sec. 621. Requirement for pilot program. ``Sec. 622. Selection of real properties. ``Sec. 623. Expedited disposal requirements. ``Sec. 624. Special rules for deposit and use of proceeds from expedited disposals. ``Sec. 625. Administrative provisions. ``Sec. 626. Termination of pilot program.''. TITLE II--IMPROVEMENTS TO ECONOMY AND EFFICIENCY OF FEDERAL REAL PROPERTY SEC. 201. IMPROVEMENTS TO FEDERAL REAL PROPERTY MANAGEMENT. (a) In General.--Chapter 5 of subtitle I of title 40, United States Code, is amended by adding at the end the following new subchapter: ``SUBCHAPTER VIII--PROPERTY MANAGEMENT GENERALLY ``Sec. 631. Senior Real Property Officers ``(a) Establishment of Agency Senior Real Property Officer.--The head of each agency listed in paragraphs (1) and (2) of section 901(b) of title 31 shall designate among their senior management officials a Senior Real Property Officer. Such officer shall have the education, training, and experience required to administer the necessary functions of the position for the agency concerned. ``(b) Agency Asset Management Plan Responsibilities.--The Senior Real Property Officer of an agency shall develop and implement an agency asset management planning process that meets the form, content, and other requirements established by the Federal Real Property Council established under section 632 of this title. The initial agency asset management plan shall be submitted to the Office of Management and Budget on a date determined by the Director of the Office of Management and Budget. In developing the plan, the Senior Real Property Officer shall-- ``(1) identify and categorize all real property owned, leased, or otherwise managed by the agency, including, where applicable, those properties outside the United States in which the lease agreements and arrangements reflect the host country currency or involve alternative lease plans or rental agreements; ``(2) identify and pursue goals, with appropriate deadlines, consistent with and supportive of the agency's asset management plan and measure progress against such goals; and ``(3) identify any other information and pursue any other actions necessary to the appropriate development and implementation of the agency asset management plan. ``(c) Monitoring of Assets.--The Senior Real Property Officer of an agency shall be responsible, on an ongoing basis, for monitoring the real property assets of the agency so that agency assets are managed in a manner that is-- ``(1) consistent with, and supportive of, the goals and objectives set forth in the agency's overall strategic plan under section 306 of title 5; ``(2) consistent with the real property asset management principles developed by the Federal Real Property Council established under section 632 of this title; and ``(3) reflected in the agency asset management plan. ``(d) Provision of Information.--The Senior Real Property Officer of an agency shall, on an annual basis, provide to the Director of the Office of Management and Budget and the Administrator of General Services the following: ``(1) Information that lists and describes real property assets under the jurisdiction, custody, or control of that agency, except for classified information. ``(2) Any other relevant information the Director of the Office of Management and Budget or the Administrator of General Services may request for inclusion in the inventory database established under section 634 of this title. ``Sec. 632. Federal Real Property Council ``(a) Establishment of Council.--There shall be a Federal Real Property Council, within the Office of Management and Budget for administrative purposes, to develop guidance for, and facilitate the success of, each agency's asset management plan. The Council shall be composed exclusively of all agency Senior Real Property Officers, the Controller of the Office of Management and Budget, the Administrator of General Services, and any other full-time or permanent part-time Federal officials or employees as deemed necessary by the Chairman of the Council. The Deputy Director for Management of the Office of Management and Budget shall also be a member and shall chair the Council. The Office of Management and Budget shall provide funding and administrative support for the Council, as appropriate. ``(b) Agency Asset Management Plans.-- ``(1) In general.--The Council shall provide guidance to the Senior Real Property Officers in the development and implementation of the agency asset management plans. ``(2) Performance measures.-- The Council shall work with the Administrator of General Services to establish appropriate performance measures to determine the effectiveness of Federal real property management. Such performance measures shall include, but are not limited to, evaluating the costs and benefits involved with disposing of Federal real properties at particular agencies. Specifically, the Council shall consider, as appropriate, the following performance measures: ``(A) The cost and time required to dispose of Federal real property assets and the financial recovery of the Federal investment resulting from the disposal. ``(B) Changes in the amounts of vacant Federal space. ``(C) The enhancement of executive agency productivity through an improved working environment. ``(3) Design of performance measures.--The performance measures shall be designed to enable the heads of executive agencies to track progress in the achievement of Government- wide property management objectives, as well as allow for comparing the performance of executive agencies against industry and other public sector agencies. ``(c) Best Practices Clearinghouse.--The Council shall serve as a clearinghouse for executive agencies for best practices in evaluating actual progress in the implementation of real property enhancements. The Council shall also work in conjunction with the President's Management Council to assist the efforts of the Senior Real Property Officials and the implementation of agency asset management plans. ``(d) Fund.--The Council may use amounts in the fund referred to in section 624(4) of this title for such purposes as the Council considers appropriate for carrying out its responsibilities. ``(e) Meetings.--The Council shall hold meetings not less often than once a quarter each fiscal year. ``Sec. 633. Inventory database ``(a) Database.--The Administrator of General Services (in this section referred to as the `Administrator'), in consultation with the Federal Real Property Council, shall establish and maintain a single, comprehensive, and descriptive database of all real property under the custody and control of all executive agencies, other than real property excluded for reasons of national security. The Administrator shall collect from each executive branch agency such descriptive information, except for classified information, as the Administrator considers will best describe the nature, use, and extent of the real property holdings of the Federal Government. ``(b) Standards.--The Administrator, in consultation with the Council, may establish data and other information technology standards for use by executive agencies in developing or upgrading executive agency real property information systems in order to facilitate reporting on a uniform basis. Those agencies with particular information technology standards and systems in place and in use shall be allowed to continue with such use to the extent that they are compatible with the standards issued by the Administrator. ``(c) Jurisdiction of Administrator.--Except for the purpose of maintaining the database required under this section, nothing in this section authorizes the Administrator to assume jurisdiction over the acquisition, management, or disposal of real property not subject to this chapter. ``(d) List of Underutilized Federal Real Properties.-- ``(1) Requirement.--The head of each executive agency shall-- ``(A) identify all underutilized properties under the custody and control of that agency; and ``(B) submit a list describing the underutilized properties to the Federal Real Property Council. ``(2) Contents of list.--The list submitted under paragraph (1)(B) shall include information about the location, nature, and use of the property, and may be included in the database required under this section. ``(3) Use of list.--Each executive agency shall use the list submitted for the agency under this subsection to help in determining whether a property is excess property under this chapter.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 5 of subtitle I of title 40, United States Code, is amended by inserting after the item relating to section 626, as added by title I, the following: ``subchapter viii--property management generally ``Sec. 631. Senior Real Property Officers. ``Sec. 632. Federal Real Property Council. ``Sec. 633. Inventory database.''. TITLE III--GENERAL PROVISIONS SEC. 301. DEFINITION OF UNDERUTILIZED REAL PROPERTY. Section 102 of title 40, United States Code, is amended by adding at the end the following new paragraph: ``(11) The term `underutilized real property' means real property under the control of a Federal agency, with or without improvements, that meets 1 or more of the following criteria: ``(A) The property is occupied by 10 or fewer employees of the Federal Government or a contractor of the Federal Government. ``(B) 50 percent or less of the building space is occupied by the executive agency. ``(C) The property has improvements that occupy 25 percent or less of the land. ``(D) The property is unutilized, meaning it is vacant or not occupied for current program purposes.''.

Federal Real Property Disposal Pilot Program and Management Improvement Act of 2005 - Requires the Federal Real Property Council (established by this Act) to conduct a Federal Real Property Disposal Pilot Program under which excess property, surplus property, or underutilized real property shall be disposed of in accordance with this Act. Requires specified agencies to develop and implement an agency asset management planning process. Requires the Federal Real Property Council to develop guidance for, and facilitate the success of, each agency's asset management plan. Provides for the Federal Real Property Council to serve as a clearinghouse for executive agencies for best practices in evaluating progress in the implementation of real property enhancements. Directs the Administrator of General Services to establish a database of all real property under the custody and control of all executive agencies, other than real property excluded for national security reasons. Directs the heads of executive agencies to identify all underutilized properties under that agency's custody and control and submit a list describing the underutilized properties to the Federal Real Property Council.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Safe Affordable Small Dollar Loan Act of 2010''. SEC. 2. GRANTS TO ESTABLISH LOAN-LOSS RESERVE FUNDS. The Community Development Banking and Financial Institutions Act of 1994 (12 U.S.C. 4701 et seq.) is amended by adding at the end the following: ``SEC. 122. GRANTS TO ESTABLISH LOAN-LOSS RESERVE FUNDS. ``(a) Purposes.--The purposes of this section are to-- ``(1) make financial assistance available from the Fund in order to help community development financial institutions defray the costs of operating small dollar loan programs, by providing the amounts necessary for such institutions to establish their own loan loss reserve funds to mitigate some of the losses on such small dollar loan programs; and ``(2) encourage community development financial institution to establish and maintain small dollar loan programs that would help give consumers access to mainstream financial institutions and combat payday lending. ``(b) Grants.-- ``(1) Loan-loss reserve fund grants.--The Fund shall make grants to community development financial institutions or to any partnership between such community development financial institutions and any other federally insured depository institution with a primary mission to serve targeted investment areas, as such areas are defined under section 103(16), to enable such institutions or any partnership of such institutions to establish a loan-loss reserve fund in order to defray the costs of a small dollar loan program established or maintained by such institution. ``(2) Matching requirement.--A community development financial institution or any partnership of institutions established pursuant to paragraph (1) shall provide non-Federal matching funds in an amount equal to 50 percent of the amount of any grant received under this section. ``(3) Use of funds.--Any grant amounts received by a community development financial institutions or any partnership between or among such institutions under paragraph (1)-- ``(A) may not be used by such institution to provide direct loans to consumers; ``(B) may be used by such institution to help recapture a portion or all of a defaulted loan made under the small dollar loan program of such institution; and ``(C) may be used to designate and utilize a fiscal agent for services normally provided by such an agent. ``(4) Technical assistance grants.--The Fund shall make technical assistance grants to community development financial institutions or any partnership between or among such institutions to support and maintain a small dollar loan program. Any grant amounts received under this paragraph may be used for technology, staff support, and other costs associated with establishing a small dollar loan program. ``(c) Definitions.--For purposes of this section, the following definitions shall apply: ``(1) Consumer reporting agency that compiles and maintains files on consumers on a nationwide basis.--The term `consumer reporting agency that compiles and maintains files on consumers on a nationwide basis' has the same meaning given such term in section 603(p) of the Fair Credit Reporting Act (15 U.S.C. 1681a(p)). ``(2) Small dollar loan program.--The term `small dollar loan program' means a loan program under which a community development financial institution or any partnership between or among any such institutions offers loans to consumers that-- ``(A) are made in amounts not exceeding $2,500; ``(B) must be repaid in installments; ``(C) have no pre-payment penalty; ``(D) the institution has to report payments regarding the loan to at least 1 of the consumer reporting agencies that compiles and maintains files on consumers on a nationwide basis; and ``(E) meet any other affordability requirements as may be established by the Administrator. ``(d) Report to Congress.--Before the end of the 1-year period beginning on the date of the enactment of the Safe Affordable Small Dollar Loan Act of 2010, and each year thereafter, the Administrator shall submit to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives a report describing-- ``(1) the activities carried out by the Fund pursuant to this section; and ``(2) any measurable results, as appropriate and available, related to the achievement of the purposes of this section as described in subsection (a). ``(e) Authorization of Appropriations.-- ``(1) Grant program.--There are authorized to be appropriated for fiscal years 2010 through 2015 such sums as may be necessary to carry out the grant program established under this section. ``(2) Administrative expenses.--There is authorized to be appropriated to the Fund for each fiscal year beginning in fiscal year 2010, an amount equal to the amount of the administrative costs of the Fund for the operation of the grant program established under this section.''.

Safe Affordable Small Dollar Loan Act of 2010 - Amends the Community Development Banking and Financial Institutions Act of 1994 to require the Community Development Financial Institutions Fund to make grants to community development financial institutions or to any related partnership in order to enable such institutions to establish a loan-loss reserve fund to defray the costs of a small dollar loan program. Requires a community development financial institution to provide non-federal matching funds equal to 50% of the amount of any grant received. Prohibits the use of such grants to make direct loans to consumers. Permits a community development financial institution to use such a grant to: (1) help recapture a portion or all of a defaulted loan made under its small dollar loan program; and (2) designate and utilize a fiscal agent for services the agent normally provides. Requires the Fund to make technical assistance grants to community development financial institutions to support and maintain a small dollar loan program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Home Ownership and Equity Protection Act of 1993''. SEC. 2. CONSUMER PROTECTIONS FOR HIGH COST MORTGAGES. (a) Definition.--Section 103 of the Truth in Lending Act (15 U.S.C. 1602) is amended-- (1) by inserting after subsection (u) the following new subsection: ``(v) The term `high cost mortgage' means a consumer credit transaction, other than a residential mortgage transaction or a transaction under an open-end credit plan, that is secured by a consumer's principal dwelling and that satisfies at least 1 of the following conditions: ``(1) The annual percentage rate at the time the loan is originated will exceed by more than 10 percentage points the yield on Treasury securities having comparable maturities, as determined by the Board. In the case of a variable rate loan with an initial interest rate that may be different than the rate or rates that will apply during subsequent periods, the annual percentage rate shall be computed taking into account the subsequent rates. ``(2) Based on information provided by the consumer, the consumer's total monthly debt payments will exceed 60 percent of the consumer's monthly gross income, immediately after the loan is consummated. The Board may establish a different debt to income ratio if the Board determines that such a ratio is in the public interest and is consistent with the purposes of this Act. ``(3) All points and fees payable at or before closing will exceed 8 percent of the total loan amount.''; and (2) by redesignating subsections (v), (w), (x), (y), and (z) as (w), (x), (y), (z), and (aa), respectively. (b) Material Disclosures.--Section 103(u) of the Truth in Lending Act (15 U.S.C. 1602(u)) is amended by striking ``and the due dates or periods of payments scheduled to repay the indebtedness.'' and inserting ``the due dates or periods of payments scheduled to repay the indebtedness, and the disclosures for high cost mortgages required by paragraphs (1) through (6) of section 129(a).''. (c) Definition of Creditor Clarified.--Section 103(f) of the Truth in Lending Act (15 U.S.C. 1602(f)) is amended by adding at the end: ``Notwithstanding the above, any person who originates 2 or more high cost mortgages a year, or who originates a high cost mortgage through a loan broker, is a creditor for the purposes of section 129.''. (d) Disclosures Required and Certain Terms Prohibited.--The Truth in Lending Act (15 U.S.C. 1601 et seq.) is amended by adding after section 128 the following new section: ``SEC. 129. REQUIREMENTS FOR HIGH COST MORTGAGES. ``(a) Disclosures.--In addition to any other disclosures required under this title, for each high cost mortgage, the creditor shall provide the following written disclosures in clear language and in conspicuous type size and format, segregated from other information as a separate document: ``(1) The following statement: `If you obtain this loan, the lender will have a mortgage on your home. You could lose your home, and any money you have put into it, if you do not meet your obligations under the loan.' ``(2) The initial annual percentage rate. ``(3) The consumer's gross monthly cash income, as reported to the creditor by the consumer, the total initial monthly payment, and the amount of funds that will remain to meet other obligations of the consumer. ``(4) In the case of a variable rate loan, a statement that the annual percentage rate and the monthly payment could increase, and the maximum interest rate and payment. ``(5) In the case of a variable rate loan with an initial annual percentage rate that is different than the one which would be applied using the contract index after the initial period, a statement of the period of time the initial rate will be in effect, and the rate or rates that will go into effect after the initial period is over, assuming that current interest rates prevail. ``(6) A statement that the consumer is not required to complete the transaction merely because he or she has received disclosures or signed a loan application. ``(b) Time of Disclosures.--The disclosures required by this section shall be given no later than 3 business days prior to consummation of the transaction. A creditor may not change the terms of the loan after providing the disclosures required by this section. ``(c) No Prepayment Penalty.-- ``(1) In general.--Except as provided in paragraph (4), a high cost mortgage may not contain terms under which a consumer must pay a prepayment penalty for paying all or part of the principal of a high cost mortgage prior to the date on which such balance is due. ``(2) Rebate computation.--For the purposes of this subsection, any method of computing rebates of interest less advantageous to the consumer than the actuarial method using simple interest is deemed a prepayment penalty. ``(3) Certain other fees prohibited.--An agreement to refinance a high cost mortgage by the same creditor or an affiliate of the creditor may not require the consumer to pay points, discount fees, or prepaid finance charges on the portion of the loan refinanced. For the purpose of this paragraph, the term `affiliate' has the same meaning as it does in section 2(k) of the Bank Holding Company Act of 1956. ``(4) Exception.--A high cost mortgage may include terms under which a consumer is required to pay not more than 1 month's interest as a penalty if the consumer prepays the full principal of the loan within 90 days of origination. ``(d) No Balloon Payments.--A high cost mortgage may not include terms under which the aggregate amount of the regular periodic payments would not fully amortize the outstanding principal balance. ``(e) No Negative Amortization.--A high cost mortgage may not include terms under which the outstanding principal balance will increase over the course of the loan. ``(f) No Prepaid Payments.--A high cost mortgage may not include terms under which more than 2 periodic payments required under the loan are consolidated and paid in advance from the loan proceeds provided to the consumer.''. (e) Conforming Amendment.--The table of sections at the beginning of chapter 2 of the Truth in Lending Act is amended by striking the item relating to section 129 and inserting the following: ``129. Disclosure requirements for high cost mortgages.''. SEC. 3. CIVIL LIABILITY. (a) Damages.--Section 130(a) of the Truth in Lending Act (15 U.S.C. 1640(a)) is amended-- (1) by striking ``and'' at the end of paragraph (2)(B); (2) by striking the period at the end of paragraph (3) and inserting ``; and''; and (3) by inserting after paragraph (3) the following new paragraph: ``(4) in case of a failure to comply with any requirement under section 129, all finance charges and fees paid by the consumer.''. (b) State Attorney General Enforcement.--Section 130(e) of the Truth in Lending Act (15 U.S.C. 1640(e)) is amended by adding at the end the following: ``An action to enforce a violation of section 129 may also be brought by the appropriate State attorney general in any appropriate United States district court, or any other court of competent jurisdiction, within 5 years from the date on which the violation occurs.''. (c) Assignee Liability.--Section 131 of the Truth in Lending Act is amended by adding at the end the following new subsection: ``(d) High Cost Mortgages.--If a creditor fails to comply with any of the requirements of section 129 in connection with any high cost mortgage, any assignee shall be subject to all claims and defenses that the consumer could assert against the creditor. Recovery under this subsection shall be limited to the total amount paid by the consumer in connection with the transaction.''. SEC. 4. EFFECTIVE DATE. This Act shall be effective 60 days after the promulgation of regulations by the Board of Governors of the Federal Reserve System, which shall occur not later than 180 days following the date of enactment of this Act.

Home Ownership and Equity Protection Act of 1993 - Amends the Truth in Lending Act to require the creditor of each high cost mortgage to provide certain clearly written, conspicuous disclosures regarding the risks associated with such mortgages. Prohibits such mortgages from containing: (1) a prepayment penalty for paying all or part of the principal prior to the date on which such balance is due; (2) certain refinancing fees; (3) balloon payments; (4) negative amortization; and (5) certain prepaid payments. Includes within the creditor's liability for damages for noncompliance with this Act all finance charges and fees paid by the consumer. Empowers the appropriate State attorney general to bring an action to enforce this Act. Subjects an assignee of a high cost mortgage to all the claims and defenses that the consumer could assert against the creditor.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Free Market Energy Act of 2015''. SEC. 2. FINDINGS. Congress finds that it is in the public interest-- (1) to enhance personal freedom and national security by reinforcing the right to sovereignty over personal energy choices; and (2) to enhance the diversity of the electricity supply and energy independence of the United States by ensuring that there is a free market for distributed energy resources by providing for the nondiscriminatory interconnection of distributed energy resources. SEC. 3. DEFINITION OF DISTRIBUTED ENERGY RESOURCE. Section 3 of the Federal Power Act (16 U.S.C. 796) is amended by adding at the end the following: ``(30) Distributed energy resource.--The term `distributed energy resource' is a resource on the electricity distribution system that includes-- ``(A) distributed fossil generation; ``(B) renewable generation (including biomass, solar photovoltaics, geothermal, and hydropower); ``(C) fuel cells; ``(D) combined heat and power systems; ``(E) energy storage; ``(F) demand response; ``(G) efficiency resources; ``(H) microgrids; and ``(I) any combination of the resources described in this paragraph.''. SEC. 4. GENERAL RIGHT TO NEUTRALITY OF INTERCONNECTION. The Public Utility Regulatory Policies Act of 1978 is amended by inserting after section 4 (16 U.S.C. 2603) the following: ``SEC. 5. GENERAL RIGHT TO NEUTRALITY OF INTERCONNECTION. ``(a) In General.--Distributed energy resources (as defined in section 3 of the Federal Power Act (16 U.S.C. 796)) shall have a general right of interconnection under this Act. ``(b) Rates and Fees.--All rates and fees for interconnection of distributed energy resources under this Act, regardless of whether the distributed energy resource is a qualifying facility, shall-- ``(1) be just and reasonable; ``(2) provide for the 2-way benefit for the distributed energy resource and the electricity grid; ``(3) shall not exceed the actual cost of service; and ``(4) shall not be punitive. ``(c) Timeframes.--Timeframes for interconnection of distributed energy resources under this Act, regardless of whether the distributed energy resource is a qualifying facility, shall be well-defined, expeditious, and not unduly protracted.''. SEC. 5. ENERGY AND RATE TREATMENTS FOR DISTRIBUTED ENERGY RESOURCES. Section 111(d) of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2621(d)) is amended by adding at the end the following: ``(20) Distributed energy resources.--Each State regulatory authority shall consider requiring that distributed energy resources (as defined in section 3 of the Federal Power Act (16 U.S.C. 796)) be eligible to receive just and reasonable energy and rate treatment for-- ``(A) time-of-use pricing, which may account for locational benefit, to be provided on an unbundled basis, after accounting for the 2-way valuation of time-of-use rates, and progressing to real-time pricing, for-- ``(i) energy sold to an electric utility; and ``(ii) energy purchased from an electric utility; ``(B) capacity; ``(C) energy conservation; ``(D) demand-side management or demand response; ``(E) peak monthly demand; ``(F) the provision of ancillary services; ``(G) the societal value of distributed energy resources; and ``(H) any other benefits that the State regulatory authority considers to be appropriate.''. SEC. 6. QUALIFYING FACILITY; IMPROVED INTERCONNECTION STANDARDS FOR DISTRIBUTED ENERGY RESOURCES. (a) Definition of Qualifying Facilities.--Section 3 of the Federal Power Act (16 U.S.C. 796) is amended-- (1) in paragraph (17)(C)-- (A) by indenting appropriately; and (B) by inserting ``(including a distributed energy resource in any State in which a State regulatory authority or nonregulated electric utility determines not to establish standards in accordance with paragraph (20) of section 111(d) of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2621(d)))'' before ``that the Commission determines''; and (2) in paragraph (18)(B)-- (A) by indenting appropriately; and (B) by inserting ``(including a distributed energy resource in any State in which a State regulatory authority or nonregulated electric utility determines not to establish standards in accordance with paragraph (20) of section 111(d) of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2621(d)))'' before ``that the Commission determines''. (b) Improved Interconnection Standards for Distributed Energy Resources.--Section 111(d) of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2621(d)) (as amended by section 5) is amended by adding at the end the following: ``(21) Improved interconnections standards for distributed energy resources.--Each State regulatory authority or nonregulated electric utility, acting under State authority in a State that has determined not to establish standards under paragraph (20), shall consider-- ``(A) setting rates that exceed the incremental cost of alternative electric energy for purchases from any distributed energy resource (as defined in section 3 of the Federal Power Act (16 U.S.C. 796)) that is a qualifying facility for electricity generated, demand reduced, or service provided by the qualifying facility interconnected under this Act, with-- ``(i) the rates to be established at the full retail rate; and ``(ii) fixed monthly charges for residential electricity bills to be established at a charge of not more than 10 dollars per month, with optional reevaluations of the amount of charge to be considered on a periodic basis; ``(B) making any distributed energy resource project exempt from filing requirements with the Commission; ``(C) ensuring that any requirements considered under this paragraph would not affect the purchase obligation under section 210 for distributed energy resource facilities; and ``(D) requiring that all rates and fees for interconnection of distributed generation facilities-- ``(i) shall be just and reasonable; ``(ii) shall provide for the benefit of the distributed energy resource to the electricity grid and benefit of the electricity grid to the distributed energy resource; and ``(iii) not exceed the actual cost of service.''. SEC. 7. DESIGNATION OF SMART GRID COORDINATOR OR DISTRIBUTION SYSTEM OPERATOR. Section 111(d) of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2621(d)) (as amended by section 6(b)) is amended by adding at the end the following: ``(22) Designation of smart grid coordinator or distribution system operator.--Each State regulatory authority shall consider designating, through a competitive process, a regulated utility, other party, or a combination of regulated utilities and other parties to be a smart grid coordinator or distribution system operator for the State.''. SEC. 8. CONSIDERATION OF NONTRANSMISSION ALTERNATIVES. Section 111(d) of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2621(d)) (as amended by section 7) is amended by adding at the end the following: ``(23) Nontransmission alternatives.-- ``(A) In general.--Each State regulatory authority shall consider nontransmission alternatives in instances in which a regulated utility proposes transmission projects. ``(B) Cost.--To reduce the cost to the ratepayer of a potential transmission upgrade, a nontransmission alternative considered under subparagraph (A), shall receive the avoided cost of the transmission upgrade, minus a reasonable discount, as determined by the State regulatory authority. ``(C) Recovery.--If a nontransmission alternative proposed under subparagraph (A) obviates the need for a reliability-based transmission upgrade, the cost of the nontransmission alternative shall be recovered from the ratebase in the same manner as the transmission upgrade would have been.''. SEC. 9. COMPLIANCE. (a) Time Limitations.--Section 112(b) of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2622(b)) is amended by adding at the end the following: ``(7)(A) Not later than 1 year after the date of enactment of this paragraph, each State regulatory authority (with respect to each electric utility for which the authority has ratemaking authority) and each nonregulated utility shall, with respect to the standards established by paragraphs (20), (22), and (23) of section 111(d)-- ``(i) commence the consideration required under those paragraphs; or ``(ii) set a hearing date for the consideration. ``(B) Not later than 2 years after the date of enactment of this paragraph, each State regulatory authority (with respect to each electric utility for which the authority has ratemaking authority) and each nonregulated electric utility, shall, with respect to the standards established by paragraphs (20), (22), and (23) of section 111(d)-- ``(i) complete the consideration under subparagraph (A); and ``(ii) make the determination referred to in section 111 with respect to the standards established by those paragraphs. ``(8)(A) Not later than 2 years after the date of enactment of this paragraph, each State regulatory authority (with respect to each electric utility for which the authority has ratemaking authority) and each nonregulated utility shall, with respect to the standards established by section 111(d)(21)-- ``(i) commence the consideration required under that paragraph; or ``(ii) set a hearing date for the consideration. ``(B) Not later than 3 years after the date of enactment of this paragraph, each State regulatory authority (with respect to each electric utility for which the authority has ratemaking authority) and each nonregulated electric utility, shall, with respect to the standards established by section 111(d)(21)-- ``(i) complete the consideration required under that paragraph; and ``(ii) make the determination referred to in section 111 with respect to the standards established by section 111(d)(21).''. (b) Failure To Comply.--Section 112(c) of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2622(c)) is amended by adding at the end the following: ``(1) In the case of the standards established by paragraphs (20) through (23) of section 111(d), the reference contained in this subsection to the date of enactment of this Act shall be deemed to be a reference to the date of enactment of those paragraphs.''. (c) Prior State Actions.-- (1) In general.--Section 112 of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2622) is amended by adding at the end the following: ``(g) Prior State Actions.--Subsections (b) and (c) shall not apply to a standard established under paragraphs (20) through (23) of section 111(d) in the case of any electric utility in a State if, before the date of enactment of this subsection-- ``(1) the State has implemented for the electric utility the standard (or a comparable standard); ``(2) the State regulatory authority for the State, or the relevant nonregulated electric utility, has conducted a proceeding to consider implementation of the standard (or a comparable standard) for the electric utility; or ``(3) the State legislature has voted on the implementation of the standard (or a comparable standard) for the electric utility.''. (2) Cross-reference.--Section 124 of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2634) is amended by adding at the end the following: ``In the case of each standard established under paragraphs (20) through (23) of section 111(d), the reference contained in this subsection to the date of enactment of this Act shall be deemed to be a reference to the date of enactment of those paragraphs.''. SEC. 10. EFFECT OF ACT. Nothing in this Act (or an amendment made by this Act) shall apply to distributed energy resource contracts in effect on the date of enactment of this Act.

Free Market Energy Act of 2015 This bill amends the Federal Power Act to identify the elements of a distributed energy resource, including fuel cells, microgrids, and combined heat and power systems. Distributed energy resources shall have a general right of interconnection under the Public Utility Regulatory Policies Act of 1978 (PURPA), and all rates and fees for interconnection shall provide for the two-way benefit for the distributed energy resource and the electricity grid. Each state regulatory authority shall consider requiring that distributed energy resources be eligible to receive just and reasonable energy and rate treatment for time-of-use pricing and other specified features and values. A state regulatory authority or nonregulated electric utility acting under state authority must consider specified interconnections standards that include: setting rates that exceed the incremental cost of alternative electric energy for purchases from any distributed energy resource that is a qualifying facility for electricity generated, demand reduced, or service provided by the qualifying facility interconnected under this Act; and making any distributed energy resource project exempt from filing requirements with the Federal Energy Regulatory Commission (FERC). A state regulatory authority must also consider: designation, through a competitive process, of a regulated utility, other party, or a combination of regulated utilities and other parties to be a smart grid coordinator or distribution system operator for the state; and nontransmission alternatives when a regulated utility proposes transmission projects.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Military Retirees' Health Care Protection Act''. SEC. 2. FINDINGS AND SENSE OF CONGRESS. (a) Findings.--Congress finds the following: (1) Career uniformed service members and their families endured unique and extraordinary demands and sacrifices over the course of a 20- to 30-year career in protecting freedoms for all Americans. (2) The extent of these demands and sacrifices are never so evident as in wartime--not only in today's Global War on Terrorism, but also over the last six decades of hot and cold wars when today's retired service members were on continuous call to enter into harm's way when and as needed. (3) The demands and sacrifices are such that few Americans are willing to accept them for a multi-decade career. (4) The primary offset for enduring the extraordinary sacrifices inherent in a military career is a system of extraordinary retirement benefits, including health care coverage considerably better than that afforded civilian workers, that a grateful Nation provides for those who choose to subordinate much of their personal life to the national interest for so many years. (5) Many private sector firms are curtailing health benefits and shifting significantly higher costs to their employees. (6) One effect of such curtailment is that retired members who work for such employers are turning to use of the TRICARE coverage they earned by their military service. (7) In some cases, civilian employers establish financial incentives for TRICARE-eligible employees to use TRICARE rather than the civilian employers' coverage. (8) While the Department of Defense has made some efforts to constrain TRICARE program costs, a large part of the Department's effort is to shift a larger share of cost burdens to retired service members. (9) The cumulative increases in enrollment fees, deductibles, and co-payments being proposed by the Department of Defense far exceed the 31-percent growth in military retired pay since the retired members' fees were established 10 years ago. (10) The beneficiary cost increases being proposed by the Department of Defense fail to recognize adequately that career service members paid enormous in-kind premiums through their extended service and sacrifice. (11) A significant share of the Nation's health care providers refuse to accept new TRICARE patients because TRICARE pays them significantly less than commercial insurance programs and imposes unique administrative requirements. (12) The significant majority of the savings the Department of Defense associates with the proposed fee increases is expected to come from deterring a large portion of TRICARE beneficiaries from using their earned military health benefits. (13) The Department of Defense has chosen to count the accrual deposit to the Department of Defense Medicare-Eligible Retiree Health Care Fund against the Department of Defense's budget, contrary to the amendments made by section 725 of Public Law 108-375. (14) Department of Defense leaders have reported to Congress that counting such deposits against the Department of Defense's budget is impinging on other readiness needs, including weapons programs--an inappropriate situation which section 725 of Public Law 108-375 was intended expressly to prevent. (b) Sense of Congress.--It is the sense of Congress that-- (1) the Department of Defense and the Nation have a committed health benefits obligation to retired uniformed service members that exceeds the obligation of corporate employers to civilian employees; and (2) the Department of Defense has many additional options to constrain the growth of health care spending in ways that do not disadvantage beneficiaries and should pursue any and all such options rather than seeking large fee increases for beneficiaries. SEC. 3. PROHIBITION ON INCREASES IN CERTAIN HEALTH COSTS FOR MEMBERS OF THE UNIFORMED SERVICES. (a) Prohibition on Increase in Charges Under Contracts for Medical Care.--Section 1097(e) of title 10, United States Code, is amended by adding at the end the following: ``A premium, deductible, copayment, or other charge prescribed by the Secretary under this subsection may not be increased after December 31, 2005.''. (b) Prohibition on Increase in Amount of Cost Sharing Requirement Under Pharmacy Benefits Program.--Section 1074g of title 10, United States Code, is amended by adding at the end of subsection (a)(6)(A) the following: ``After December 31, 2005, the dollar amount of a cost sharing requirement (whether established as a percentage or a fixed dollar amount) may not be increased.''. (c) Prohibition on Increase in Charges for Inpatient Care.--Section 1086(b)(3) of title 10, United States Code, is amended by inserting after ``charges for inpatient care'' the following: ``, except that in no case may the charges for inpatient care for a patient exceed $535 per day.''. (d) Prohibition on Increase in Premiums Under TRICARE Coverage for Certain Members in the Selected Reserve.--Section 1076d(d)(3) of title 10, United States Code, is amended by adding at the end the following: ``After December 31, 2005, the monthly amount of the premium may not be increased above the amount in effect for the month of December 2005.''.

Military Retirees' Health Care Protection Act - Expresses the sense of Congress that: (1) the Department of Defense (DOD) and the nation have a committed health benefits obligation to retired military personnel that exceeds the obligation of corporate employers to civilian employees; and (2) DOD has many additional options to constrain the growth of health care spending in ways that do not disadvantage beneficiaries, and should pursue such options rather than seeking large fee increases for beneficiaries. Prohibits an increase after December 31, 2005, in: (1) a premium, deductible, copayment, or other charge prescribed by the Secretary of Defense for medical and dental health care coverage for military personnel; and (2) the dollar amount of a cost-sharing requirement under the DOD pharmacy benefits program. Prohibits: (1) charges for DOD inpatient care from exceeding $535 per day; and (2) after December 31, 2005, an increase in premiums under TRICARE (a DOD managed health care program) for certain members of the Selected Reserve.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Rural Hospital Relief Act of 1999''. SEC. 2. ELIMINATING UNINTENDED REDUCTION IN CONVERSION FACTOR FOR MEDICARE OPD PPS. (a) Calculation of Base Amounts.--Section 1833(t)(3)(A)(ii) of the Social Security Act (42 U.S.C. 1395l(t)(3)(A)(ii)) is amended-- (1) by striking ``copayments estimated to be paid under this subsection'' and inserting ``coinsurance that would be paid under this part'';and (2) by striking ``1999,'' and inserting ``1999 if this subsection did not apply and''. (b) Effective Date.--The amendment made by subsection (a) shall take effect as if included in the provision of the Balanced Budget Act of 1997 to which the amendment relates at the time such provision became law. SEC. 3. LIMITING REDUCTIONS IN FEDERAL PAYMENTS UNDER OPD PPS. (a) In General.--Section 4523 of the Balanced Budget Act of 1997 is amended by adding at the end the following: ``(e) Temporary Limit on Reductions in Federal Payments.-- ``(1) In general.--Notwithstanding section 1833(t) of the Social Security Act (42 U.S.C. 1395l(t)), as added by subsection (a), the amount that is paid from the Federal Supplementary Medical Insurance Trust Fund for covered OPD Services furnished by a hospital in a rural area during a calendar year (or portion thereof) specified in paragraph (2)(A) may not be less than the applicable percentage of the case mix adjusted average amount that would have been payable to such hospital for such services (including cost-sharing) if the prospective payment system established under such section did not apply. Such average amount may be determined on a prospective basis using the Secretary's best estimate of the reasonable costs incurred in furnishing covered OPD services or on a retrospective basis using cost reports submitted by such a hospital. ``(2) Definitions.--For purposes of paragraph (1)-- ``(A) subject to paragraph (3), the term `applicable percentage' means-- ``(i) with respect to covered OPD services furnished during the first full calendar year (and any portion of the immediately preceding calendar year) for which the prospective payment system established under section 1833(t) of such Act is in effect-- ``(I) 100 percent for hospitals in rural areas with less than 50 beds; and ``(II) 95 percent for hospitals not described in subclause (I); ``(ii) with respect to the second full calendar year for which such system is in effect-- ``(I) 98 percent for hospitals in rural areas with less than 50 beds; and ``(II) 90 percent for hospitals not described in subclause (I); ``(iii) with respect to the third full calendar year for which such system is in effect-- ``(I) 95 percent for hospitals in rural areas with less than 50 beds; and ``(II) 85 percent for hospitals not described in subclause (I); and ``(B) the term `covered OPD services' has the meaning given that term in section 1833(t)(1)(B) of such Act. ``(3) Application to certain hospitals.--In the case of hospitals described in section 1833(t)(8) of such Act, the `applicable percentage' for a calendar year (or portion thereof) shall be the same applicable percentage that applies to covered OPD services furnished by hospitals that are not described in such section during such calendar year (or portion thereof). ``(4) Rule of construction.--Nothing in this subsection shall be construed as affecting the amount of cost-sharing paid by individuals enrolled under part B of title XVIII of the Social Security Act for covered OPD services.''. (b) Conforming Amendment.--Section 1833(t)(1)(A) of the Social Security Act (42 U.S.C. 1395l(t)(1)(A)) is amended by inserting ``except as provided in section 4523(e) of the Balanced Budget Act of 1997,'' after ``1999,''. (c) Effective Date.--The amendments made by this section shall become effective as if included in the enactment of the Balanced Budget Act of 1997. SEC. 4. EXCLUDING CERTAIN AMBULANCE SERVICES FROM SNF PPS. (a) In General.--Section 1888(e)(2)(A)(ii) of the Social Security Act (42 U.S.C. 1395yy(e)(2)(A)(ii)) is amended by inserting ``ambulance and transport services furnished to patients requiring outpatient dialysis services,'' after ``section 1861(s)(2),''. (b) Effective Date.--The amendment made by subsection (a) shall apply to services furnished on or after January 1, 2000. SEC. 5. STANDARDS FOR, AND TREATMENT OF, CRITICAL ACCESS HOSPITALS. (a) In General.-- (1) Limitations on beds and los.--Section 1820(c)(2)(B)(iii) of the Social Security Act (42 U.S.C. 1395i- 4(c)(2)(B)(iii)) is amended by striking ``to exceed 96 hours'' and inserting ``to exceed, on average, 96 hours per patient''. (2) Payment.-- (A) Part a.--Section 1814(l) of the Social Security Act (42 U.S.C. 1395f(l) is amended by adding at the end the following: ``In the case of a critical access hospital that is located in a health professional shortage area, the amount otherwise payable under the preceding sentence shall be increased by 5 percentage points.''. (B) Part b.--Section 1834(g) of the Social Security Act (42 U.S.C. 1395m(g)) is amended by adding at the end the following: ``In the case of a critical access hospital that is located in a health professional shortage area, the amount otherwise payable under the preceding sentence shall be increased by 5 percentage points.''. (3) Permitting maintenance of distinct part geriatric psychiatric unit.--Section 1820(f) of the Social Security Act (42 U.S.C. 1395i-4(f)) is amended-- (A) by inserting ``and certain distinct part units'' after ``swing beds''; (B) by inserting ``(1)'' after ``beds.--'', and (C) by adding at the end the following: ``(2) Nothing in this section shall be construed to prohibit a State from designating or the Secretary from certifying a facility as a critical access hospital solely because the facility maintains a distinct part psychiatric unit for geriatric patients.''. (b) Criteria for Designation.--Section 1820(c)(2)(B)(i) of the Social Security Act (42 U.S.C. 1395i-4(c)(2)(B)(i)) is amended by striking ``is a'' and all that follows through ``hospital and''. (c) Effective Date.--The amendments made by this section shall apply to services furnished on or after October 1, 1999. SEC. 6. EXCLUSION OF SWING-BED DAYS FROM SNF PPS. (a) Exclusion From SNF PPS.--Section 1888(e)(7) of the Social Security Act (42 U.S.C. 1395yy(e)(7)) is amended to read as follows: ``(7) Exclusion.--The prospective payment system established under this subsection shall not apply to services provided by a hospital under an agreement described in section 1883.''. (b) Effective Date.--The amendments made by this section shall apply to services furnished on or after October 1, 1999. SEC. 7. RESTORATION OF MEDICARE PAYMENTS FOR BAD DEBT. (a) In General.--Section 1861(v)(1)(T)(iii) of the Social Security Act (42 U.S.C. 1395x(v)(1)(T)(iii)) is amended by striking ``45'' and inserting ``10''. (b) Effective Date.--The amendment made by subsection (a) shall take effect as if included in the provision of the Balanced Budget Act of 1997 to which the amendment relates at the time such provision became law. SEC. 8. TEMPORARY EXEMPTION OF RURAL HEALTH CLINICS FROM PRODUCTIVITY STANDARDS. (a) In General.--Section 1833(f) of the Social Security Act (42 U.S.C. 1395l(f)) is amended-- (1) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively; (2) by inserting ``(1)'' after ``(f)''; and (3) by adding at the end the following: ``(2) The Secretary may not apply productivity guidelines in determining the reasonable costs of rural health clinics for services furnished in calendar year 1998, 1999, 2000, or 2001.''. SEC. 9. INFLATION UPDATES FOR RURAL PROVIDERS. (a) Hospitals.-- (1) PPS.--Subclauses (XV) and (XVI) of section 1886(b)(3)(B)(i) of the Social Security Act (42 U.S.C. 1395ww(b)(3)(B)(i)) are each amended by striking ``all areas'' and inserting ``urban areas, and the market basket percentage increase for hospitals in rural areas''. (2) PPS-exempt.--Section 1886(b)(3) (B)(ii)(VII) of the Social Security Act (42 U.S.C. 1395ww(b)(3)(B)(ii)(VlI)) is amended to read as follows: ``(VII) for fiscal years 1999 through 2002, is the market basket percentage increase for hospitals in rural areas, and the applicable update factor specified under clause (vi) for the fiscal year for hospitals in urban areas; and''. (b) Skilled Nursing Facilities.--Subclauses (I) and (II) of section 1888(e)(4)(E)(ii) of the Social Security Act (42 U.S.C. 1395yy(e)(4)(E)(ii)) are each amended by inserting ``for skilled nursing facilities in urban areas, and by the skilled nursing facility market basket percentage change for such year for skilled nursing facilities in rural areas'' after ``point''. SEC. 10. EMERGENCY REQUIREMENT. The entire amount necessary to carry out this Act and the amendments made by this Act shall be available only to the extent that an official budget request for the entire amount, that includes designation of the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of such Act.

Amends the Balanced Budget Act of 1997 to establish a temporary limit on reductions in Federal payments for covered OPD services furnished by a hospital in a rural area during a calendar year. Provides that the entire amount necessary to carry out this Act and the amendments made by it shall be available only to the extent that an official budget request for the entire amount, that includes designation of the entire amount of the request as an emergency requirement under the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm- Rudman-Hollings Act), as amended, is transmitted by the President to Congress, if that entire amount is designated by Congress as an emergency requirement.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Registered Nurse Safe Staffing Act of 2003''. SEC. 2. FINDINGS. Congress makes the following findings: (1) There are hospitals throughout the United States that have inadequate staffing of registered nurses to protect the well-being and health of the patients. (2) Studies show that the health of patients in hospitals is directly proportionate to the number of registered nurses working in the hospital. (3) There is a critical shortage of registered nurses in the United States. (4) The effect of that shortage is revealed in unsafe staffing levels in hospitals. (5) Patient safety is adversely affected by these unsafe staffing levels, creating a public health crisis. (6) Registered nurses are being required to perform professional services under conditions that do not support quality health care or a healthful work environment for registered nurses. (7) As a payer for inpatient and outpatient hospital services for individuals entitled to benefits under the medicare program established under title XVIII of the Social Security Act, the Federal Government has a compelling interest in promoting the safety of such individuals by requiring any hospital participating in such program to establish minimum safe staffing levels for registered nurses. SEC. 3. ESTABLISHMENT OF MINIMUM STAFFING RATIOS BY MEDICARE PARTICIPATING HOSPITALS. (a) Requirement of Medicare Provider Agreement.--Section 1866(a)(1) of the Social Security Act (42 U.S.C. 1395cc(a)(1)) is amended-- (1) in subparagraph (R), by striking ``and'' after the comma at the end; (2) in subparagraph (S), by striking the period at the end and inserting ``, and''; and (3) by inserting after subparagraph (S) the following new subparagraph: ``(T) in the case of a hospital, to meet the requirements of section 1889.''. (b) Requirements.--Part D of title XVIII of the Social Security Act is amended by inserting after section 1888 the following new section: ``staffing requirements for medicare participating hospitals ``Sec. 1889. (a) Establishment of Staffing System.-- ``(1) In general.--Each participating hospital shall adopt and implement a staffing system that ensures a number of registered nurses on each shift and in each unit of the hospital to ensure appropriate staffing levels for patient care. ``(2) Staffing system requirements.--Subject to paragraph (3), a staffing system adopted and implemented under this section shall-- ``(A) be based upon input from the direct care- giving registered nurse staff or their exclusive representatives, as well as the chief nurse executive; ``(B) be based upon the number of patients and the level and variability of intensity of care to be provided, with appropriate consideration given to admissions, discharges, and transfers during each shift; ``(C) account for contextual issues affecting staffing and the delivery of care, including architecture and geography of the environment and available technology; ``(D) reflect the level of preparation and experience of those providing care; ``(E) account for staffing level effectiveness or deficiencies in related health care classifications, including but not limited to, certified nurse assistants, licensed vocational nurses, licensed psychiatric technicians, nursing assistants, aides, and orderlies; ``(F) reflect staffing levels recommended by specialty nursing organizations; ``(G) establish upwardly adjustable registered nurse-to-patient ratios based upon registered nurses' assessment of patient acuity and existing conditions; ``(H) provide that a registered nurse shall not be assigned to work in a particular unit without first having established the ability to provide professional care in such unit; and ``(I) be based on methods that assure validity and reliability. ``(3) Limitation.--A staffing system adopted and implemented under paragraph (1) may not-- ``(A) set registered-nurse levels below those required by any Federal or State law or regulation; or ``(B) utilize any minimum registered nurse-to- patient ratio established pursuant to paragraph (2)(G) as an upper limit on the staffing of the hospital to which such ratio applies. ``(b) Reporting, and Release to Public, of Certain Staffing Information.-- ``(1) Requirements for hospitals.--Each participating hospital shall-- ``(A) post daily for each shift, in a clearly visible place, a document that specifies in a uniform manner (as prescribed by the Secretary) the current number of licensed and unlicensed nursing staff directly responsible for patient care in each unit of the hospital, identifying specifically the number of registered nurses; ``(B) upon request, make available to the public-- ``(i) the nursing staff information described in subparagraph (A); and ``(ii) a detailed written description of the staffing system established by the hospital pursuant to subsection (a); and ``(C) submit to the Secretary in a uniform manner (as prescribed by the Secretary) the nursing staff information described in subparagraph (A) through electronic data submission not less frequently than quarterly. ``(2) Secretarial responsibilities.--The Secretary shall-- ``(A) make the information submitted pursuant to paragraph (1)(C) publicly available, including by publication of such information on the Internet site of the Department of Health and Human Services; and ``(B) provide for the auditing of such information for accuracy as a part of the process of determining whether an institution is a hospital for purposes of this title. ``(c) Recordkeeping; Data Collection; Evaluation.-- ``(1) Recordkeeping.--Each participating hospital shall maintain for a period of at least 3 years (or, if longer, until the conclusion of pending enforcement activities) such records as the Secretary deems necessary to determine whether the hospital has adopted and implemented a staffing system pursuant to subsection (a). ``(2) Data collection on certain outcomes.--The Secretary shall require the collection, maintenance, and submission of data by each participating hospital sufficient to establish the link between the staffing system established pursuant to subsection (a) and-- ``(A) patient acuity from maintenance of acuity data through entries on patients' charts; ``(B) patient outcomes that are nursing sensitive, such as patient falls, adverse drug events, injuries to patients, skin breakdown, pneumonia, infection rates, upper gastrointestinal bleeding, shock, cardiac arrest, length of stay, and patient readmissions; ``(C) operational outcomes, such as work-related injury or illness, vacancy and turnover rates, nursing care hours per patient day, on-call use, overtime rates, and needle-stick injuries; and ``(D) patient complaints related to staffing levels. ``(3) Evaluation.--Each participating hospital shall annually evaluate its staffing system and establish minimum registered nurse staffing ratios to assure ongoing reliability and validity of the system and ratios. The evaluation shall be conducted by a joint management-staff committee comprised of at least 50 percent of registered nurses who provide direct patient care. ``(d) Enforcement.-- ``(1) Responsibility.--The Secretary shall enforce the requirements and prohibitions of this section in accordance with the succeeding provision of this subsection. ``(2) Procedures for receiving and investigating complaints.--The Secretary shall establish procedures under which-- ``(A) any person may file a complaint that a participating hospital has violated a requirement or a prohibition of this section; and ``(B) such complaints are investigated by the Secretary. ``(3) Remedies.--If the Secretary determines that a participating hospital has violated a requirement of this section, the Secretary-- ``(A) shall require the facility to establish a corrective action plan to prevent the recurrence of such violation; and ``(B) may impose civil money penalties under paragraph (4). ``(4) Civil money penalties.-- ``(A) In general.--In addition to any other penalties prescribed by law, the Secretary may impose a civil money penalty of not more than $10,000 for each knowing violation of a requirement of this section, except that the Secretary shall impose a civil money penalty of more than $10,000 for each such violation in the case of a participating hospital that the Secretary determines has a pattern or practice of such violations (with the amount of such additional penalties being determined in accordance with a schedule or methodology specified in regulations). ``(B) Procedures.--The provisions of section 1128A (other than subsections (a) and (b)) shall apply to a civil money penalty under this paragraph in the same manner as such provisions apply to a penalty or proceeding under section 1128A. ``(C) Public notice of violations.-- ``(i) Internet site.--The Secretary shall publish on the Internet site of the Department of Health and Human Services the names of participating hospitals on which civil money penalties have been imposed under this section, the violation for which the penalty was imposed, and such additional information as the Secretary determines appropriate. ``(ii) Change of ownership.--With respect to a participating hospital that had a change in ownership, as determined by the Secretary, penalties imposed on the hospital while under previous ownership shall no longer be published by the Secretary of such Internet site after the 1-year period beginning on the date of change in ownership. ``(e) Whistleblower Protections.-- ``(1) Prohibition of discrimination and retaliation.--A participating hospital shall not discriminate or retaliate in any manner against any patient or employee of the hospital because that patient or employee, or any other person, has presented a grievance or complaint, or has initiated or cooperated in any investigation or proceeding of any kind, relating to the staffing system or other requirements and prohibitions of this section. ``(2) Relief for prevailing employees.--An employee of a participating hospital who has been discriminated or retaliated against in employment in violation of this subsection may initiate judicial action in a United States district court and shall be entitled to reinstatement, reimbursement for lost wages, and work benefits caused by the unlawful acts of the employing hospital. Prevailing employees are entitled to reasonable attorney's fees and costs associated with pursuing the case. ``(3) Relief for prevailing patients.--A patient who has been discriminated or retaliated against in violation of this subsection may initiate judicial action in a United States district court. A prevailing patient shall be entitled to liquidated damages of $5,000 for a violation of this statute in addition to any other damages under other applicable statutes, regulations, or common law. Prevailing patients are entitled to reasonable attorney's fees and costs associated with pursuing the case. ``(4) Limitation on actions.--No action may be brought under paragraph (2) or (3) more than 2 years after the discrimination or retaliation with respect to which the action is brought. ``(5) Treatment of adverse employment actions.--For purposes of this subsection-- ``(A) an adverse employment action shall be treated as retaliation or discrimination; and ``(B) the term `adverse employment' action includes-- ``(i) the failure to promote an individual or provide any other employment-related benefit for which the individual would otherwise be eligible; ``(ii) an adverse evaluation or decision made in relation to accreditation, certification, credentialing, or licensing of the individual; and ``(iii) a personnel action that is adverse to the individual concerned. ``(f) Relationship to State Laws.--Nothing in this section shall be construed as exempting or relieving any person from any liability, duty, penalty, or punishment provided by any present or future law of any State or political subdivision of a State, other than any such law which purports to require or permit the doing of any act which would be an unlawful practice under this title. ``(g) Regulations.--The Secretary shall promulgate such regulations as are appropriate and necessary to implement this section. ``(h) Definitions.--In this section: ``(1) Participating hospital.--The term `participating hospital' means a hospital that has entered into a provider agreement under section 1866. ``(2) Registered nurse.--The term `registered nurse' means an individual who has been granted a license to practice as a registered nurse in at least 1 State. ``(3) Unit.--The term `unit' of a hospital is an organizational department or separate geographic area of a hospital, such as a burn unit, a labor and delivery room, a post-anesthesia service area, an emergency department, an operating room, a pediatric unit, a stepdown or intermediate care unit, a specialty care unit, a telemetry unit, a general medical care unit, a subacute care unit, and a transitional inpatient care unit. ``(4) Shift.--The term `shift' means a scheduled set of hours or duty period to be worked at a participating hospital. ``(5) Person.--The term `person' means 1 or more individuals, associations, corporations, unincorporated organizations, or labor unions.''. (c) Effective Date.--The amendments made by this section shall take effect on January 1, 2004.

Registered Nurse Safe Staffing Act of 2003 - Amends part D (Miscellaneous) of title XVIII (Medicare) of the Social Security Act (SSA) to: (1) require each participating hospital to adopt and implement a staffing system that ensures a number of registered nurses on each shift and in each unit of the hospital to ensure appropriate staffing levels for patient care; (2) provide for the reporting and release to the public of certain staffing information, including a daily posting for each shift in the hospital of the current number of licensed and unlicensed nursing staff directly responsible for patient care in each unit of the hospital; (3) set forth recordkeeping, data collection, and evaluation requirements for participating hospitals; (4) provide for enforcement of this Act through civil monetary penalties; and (5) provide whistleblower protections.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Wage Theft Prevention and Community Partnership Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Wage and hour violations are a serious and growing problem for working Americans. (2) According to a study by the Ford, Joyce, Hayne, and Russell Sage Foundations, low-wage workers are routinely denied proper overtime pay and are paid less then the minimum wage, often resulting up to a 15-percent loss in pay. (3) Widespread wage and hour violations place ethical businesses at a competitive disadvantage. (4) Wage and hour violations hurt local economies. State and local governments lose vital tax revenues and spending power when employers do not pay legally required wages and workers receive less than full pay. (5) Women are far more likely to suffer minimum wage violations than men, while minority women suffer such violations at a rate nearly triple the rate that white women suffer such violations. (6) Social service networks are further strained and poverty increases when low-wage workers receive lower wages than what is required by law. (7) The Department of Labor and State departments of labor could more adequately address wage and hour violations with a significant partnership with stakeholders in the community. (8) The Government Accountability Office recommended that the Department of Labor identify ways to leverage its existing tools to better address wage and hour violations by improving services provided through partnerships. SEC. 3. DEFINITIONS. In this Act the following definitions apply: (1) The term ``eligible partner'' means any of the following: (A) A not-for-profit community organization that, in whole or in part, is dedicated to combating poverty and preventing abuse of wage and hour laws. (B) A labor organization as defined in section 2(5) of the National Labor Relations Act (29 U.S.C. 152(5)). (C) A Joint Labor Management Cooperative Committee established pursuant to section 205A of the Labor Management Relations Act, 1947 (29 U.S.C. 175a). (2) The term ``Secretary'' means the Secretary of Labor. (3) The term ``wage and hour violations'' refers to violations of the Fair Labor Standards Act or the Migrant and Seasonal Agricultural Worker Protection Act, or any regulations issued under either such Act, or violations of any other law enforced by the Wage and Hour Division of the Department of Labor, as the Secretary may determine. SEC. 4. AUTHORIZATION TO CREATE A WAGE THEFT PREVENTION FUND. The Secretary shall establish a Wage Theft Prevention Fund, which shall provide funding for the Wage Theft Prevention and Community Partnership Grants described in section 5. The Secretary may promulgate regulations as necessary to carry out this Act. SEC. 5. WAGE THEFT GRANT PROGRAM. (a) Establishment of Wage Theft Prevention and Community Partnership Grants.--The Secretary is authorized to award grants, on a competitive basis, to eligible partners to-- (1) prevent wage and hour violations by informing workers of their rights and the remedies available to them; and (2) expand and improve cooperative efforts between agencies charged with enforcing wage and hour requirements and employers and their employees. (b) Applications.--An eligible partner seeking a grant under this section shall submit an application to the Secretary at such time and in such manner as the Secretary may require. An application shall include, at a minimum, the following: (1) A description of the plan for preventing wage and hour violations. (2) A description of the plan for outreach, including a plan for assisting the Department of Labor in communicating with workers. (3) A description of the eligible partner's prior experience in raising awareness about and enforcing wage and hour laws and ensuring that worker rights are respected. (4) Evidence of the community need for this type of work, including prevalence of wage and hour violations in the eligible partner's community or State. (5) A description of any larger working group of organizations, including Federal, State, or local government agencies, and faith-based, labor, community, and business organizations-- (A) of which the eligible partner is a member; or (B) which the eligible partner is proposing to work with in carrying out activities funded by such grant. (c) Duration and Renewal of Grants.-- (1) Initial grant period.--A Wage Theft Prevention and Community Partnerships Grant shall be awarded for an initial grant period of 1 to 3 years. (2) Renewals.--Such grant may be renewed for 2 additional grant periods of the same duration as the initial grant period, if-- (A) the Secretary determines that the funds made available to the recipient were used in a manner required under an approved application; and (B) the recipient can demonstrate significant progress in achieving the objectives of the initial application. (3) Additional grant.--A grant recipient may apply for an additional grant under this section once the recipient's grant renewals with respect to the initial grant have been exhausted. (d) Ineligibility for Grants.--No grant may be awarded under this section to-- (1) an entity that the Secretary determines infringes upon upon the rights guaranteed by section 7 of the National Labor Relations Act (29 U.S.C. 157); or (2) an entity prohibited by section 427 of Public Law 111- 88 from receiving funds appropriated by that Act. (e) Performance Evaluation.--Each program, project, or activity funded under this section shall be subject to monitoring by the Secretary which shall include systematic identification and collection of data about activities, accomplishments, programs, and expenditures throughout the life of the program, project, or activity. (f) Reports to Congress.--For each year in which funding is provided under this section, the Secretary shall submit an annual report to the Congress on the activities carried out by grantees under this section including, at a minimum, information on the following: (1) The activities undertaken by each grantee and any other entity that partnered with the grantee to prevent wage and hour violations by informing workers of their rights and the remedies available to them. (2) The number of workers assisted by each grantee disaggregated by State, age, income, gender, and race. (3) A summary of progress by each grantee in implementing wage theft prevention outreach plans approved by the Secretary. (g) Revocation or Suspension of Funding.--If the Secretary determines, as a result of the reviews required by subsections (e) and (f), or otherwise, that a grant recipient under this section is not in substantial compliance with the terms and requirements of an approved grant application submitted under subsection (b), the Secretary may revoke or suspend funding of that grant, in whole or in part. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Secretary to carry out this Act, including administrative costs associated with carrying out this Act, such sums as may be necessary for fiscal years 2010 through 2014, to remain available until expended.

Wage Theft Prevention and Community Partnership Act - Authorizes the Secretary of Labor to award one- to three-year renewable grants, on a competitive basis, to eligible partners to prevent wage and hour violations of the Fair Labor Standards Act, the Migrant and Seasonal Agricultural Worker Protection Act, or any related regulations, or violations of any other law enforced by the Wage and Hour Division of the Department of Labor by: (1) informing workers of their rights and the remedies available to them; and (2) expanding and improving cooperative efforts between agencies charged with enforcing wage and hour requirements and employers and their employees. Makes eligible for such grants such partners as: (1) not-for-profit community organizations dedicated to combating poverty and preventing abuse of wage and hour laws; (2) labor organizations; and (3) Joint Labor Management Cooperative Committees established under the Labor Management Relations Act, 1947. Directs the Secretary to establish a Wage Theft Prevention Fund to fund such grants. Prohibits the award of such a grant to: (1) any entity that infringes upon the organizational and collective bargaining rights guaranteed by the National Labor Relations Act; or (2) the Association of Community Organizations for Reform Now (ACORN) or any of its subsidiaries.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Assistance for Unemployed Workers Extension Act''. SEC. 2. EXTENSION OF EMERGENCY UNEMPLOYMENT COMPENSATION PROGRAM. (a) In General.--Section 4007 of the Supplemental Appropriations Act, 2008 (Public Law 110-252; 26 U.S.C. 3304 note), as amended by section 4 of the Unemployment Compensation Extension Act of 2008 (Public Law 110-449; 122 Stat. 5015) and section 2001(a) of the Assistance for Unemployed Workers and Struggling Families Act (Public Law 111-5; 123 Stat. 436), is amended-- (1) by striking ``December 31, 2009'' each place it appears and inserting ``December 31, 2010''; (2) in the heading for subsection (b)(2), by striking ``december 31, 2009'' and inserting ``december 31, 2010''; and (3) in subsection (b)(3), by striking ``May 31, 2010'' and inserting ``May 31, 2011''. (b) Financing Provisions.--Section 4004(e)(1) of such Act, as added by section 2001(b) of the Assistance for Unemployed Workers and Struggling Families Act (Public Law 111-5; 26 U.S.C. 3304 note), is amended by inserting ``and section 2(a) of the Assistance for Unemployed Workers Extension Act'' after ``Act''. (c) Effective Date.--The amendments made by this section shall take effect as if included in the enactment of the Supplemental Appropriations Act, 2008. SEC. 3. EXTENSION OF INCREASE IN UNEMPLOYMENT COMPENSATION BENEFITS. (a) In General.--Section 2002(e) of the Assistance for Unemployed Workers and Struggling Families Act (Public Law 111-5; 123 Stat. 438) is amended-- (1) in paragraph (1)(B), by striking ``January 1, 2010'' and inserting ``January 1, 2011''; (2) in the heading for paragraph (2), by striking ``january 1, 2010'' and inserting ``january 1, 2011''; and (3) in paragraph (3), by striking ``June 30, 2010'' and inserting ``June 30, 2011''. (b) Effective Date.--The amendments made by this section shall take effect as if included in the enactment of the Assistance for Unemployed Workers and Struggling Families Act. SEC. 4. THIRD-TIER BENEFITS. (a) In General.--Section 4002 of the Supplemental Appropriations Act, 2008 (Public Law 110-252; 26 U.S.C. 3304 note), as amended by section 3 of the Unemployment Compensation Extension Act of 2008 (Public Law 110-449; 122 Stat. 5014), is amended by adding at the end the following new subsection: ``(d) Third Tier of Benefits.-- ``(1) In general.--If, at the time that the amount added to an individual's account under subsection (c)(1) (in this subsection referred to as `additional emergency unemployment compensation') is exhausted or at any time thereafter, such individual's State is in an extended benefit period (as determined under paragraph (2)), such account shall be further augmented by an amount (in this subsection referred to as `further additional emergency unemployment compensation') equal to the lesser of-- ``(A) 50 percent of the total amount of regular compensation (including dependents' allowances) payable to the individual during the individual's benefit year under the State law; or ``(B) 13 times the individual's average weekly benefit amount (as determined under subsection (b)(2)) for the benefit year. ``(2) Extended benefit period.--For purposes of paragraph (1), a State shall be considered to be in an extended benefit period, as of any given time, if-- ``(A) such a period would then be in effect for such State under the Federal-State Extended Unemployment Compensation Act of 1970 if section 203(d) of such Act-- ``(i) were applied by substituting `6' for `5' each place it appears; and ``(ii) did not include the requirement under paragraph (1)(A) thereof; or ``(B) such a period would then be in effect for such State under such Act if-- ``(i) section 203(f) of such Act were applied to such State (regardless of whether the State by law had provided for such application); and ``(ii) such section 203(f)-- ``(I) were applied by substituting `8.5' for `6.5' in paragraph (1)(A)(i) thereof; and ``(II) did not include the requirement under paragraph (1)(A)(ii) thereof. ``(3) Coordination rule.--Notwithstanding an election under section 4001(e) by a State to provide for the payment of emergency unemployment compensation prior to extended compensation, such State may pay extended compensation to an otherwise eligible individual prior to any further additional emergency unemployment compensation, if such individual claimed extended compensation for at least 1 week of unemployment after the exhaustion of additional emergency unemployment compensation. ``(4) Limitation.--The account of an individual may be augmented not more than once under this subsection.''. (b) Conforming Amendments.--Section 4007(b)(2) of such Act, as amended by section 3, is amended-- (1) by striking ``then section 4002(c)'' and inserting ``then subsections (c) and (d) of section 4002''; and (2) by striking ``paragraph (2) of such section)'' and inserting ``paragraph (2) of such subsection (c) or (d) (as the case may be))''. (c) Effective Date.-- (1) In general.--Subject to paragraph (2), the amendments made by this section shall take effect as if included in the enactment of the Supplemental Appropriations Act, 2008. (2) Additional benefits.--In applying the amendments made by this section, any additional emergency unemployment compensation made payable by such amendment (which would not otherwise have been payable if such amendment had not been enacted) shall be payable only with respect to any week of unemployment beginning on or after the date of the enactment of this Act. SEC. 5. EXTENSION OF FULL FEDERAL FUNDING OF EXTENDED UNEMPLOYMENT COMPENSATION FOR A LIMITED PERIOD. (a) In General.--Section 2005 of the Assistance for Unemployed Workers and Struggling Families Act (Public Law 111-5; 26 U.S.C. 3304 note) is amended-- (1) by striking ``January 1, 2010'' each place it appears and inserting ``January 1, 2011''; and (2) in subsection (c), by striking ``June 1, 2010'' and inserting ``June 1, 2011''. (b) Extension of Temporary Federal Matching for the First Week of Extended Benefits for States With No Waiting Week.--Section 5 of the Unemployment Compensation Extension Act of 2008 (Public Law 110-449; 26 U.S.C. 3304 note), as amended by section 2005(d) of the Assistance for Unemployed Workers and Struggling Families Act (Public Law 111-5; 26 U.S.C. 3304 note), is amended by striking ``May 30, 2010'' and inserting ``May 30, 2011''. (c) Effective Dates.-- (1) In general.--The amendments made by subsection (a) shall take effect as if included in the enactment of the Assistance for Unemployed Workers and Struggling Families Act. (2) First week.--The amendment made by subsection (b) shall take effect as if included in the enactment of the Unemployment Compensation Extension Act of 2008. SEC. 6. ADDITIONAL EXTENDED UNEMPLOYMENT BENEFITS UNDER THE RAILROAD UNEMPLOYMENT INSURANCE ACT. (a) Benefits.--Section 2(c)(2)(D) of the Railroad Unemployment Insurance Act, as added by section 2006 of the Assistance for Unemployed Workers and Struggling Families Act (Public Law 111-5; 123 Stat. 445), is amended-- (1) in clause (iii)-- (A) by striking ``June 30, 2009'' and inserting ``June 30, 2010''; (B) by striking ``December 31, 2009'' and inserting ``December 31, 2010''; and (2) by adding at the end of clause (iv) the following: ``In addition to the amount appropriated by the preceding sentence, out of any funds in the Treasury not otherwise appropriated, there are appropriated $175,000,000 to cover the cost of additional extended unemployment benefits provided under this subparagraph, to remain available until expended.''. (b) Administrative Expenses.--Section 2006(b) of the Assistance for Unemployed Workers and Struggling Families Act (Public Law 111-5; 123 Stat. 445) is amended by adding at the end the following: ``In addition to funds appropriated by the preceding sentence, out of any funds in the Treasury not otherwise appropriated, there are appropriated to the Railroad Retirement Board $807,000 to cover the administrative expenses associated with the payment of additional extended unemployment benefits under section 2(c)(2)(D) of the Railroad Unemployment Insurance Act, to remain available until expended.''. (c) Effective Date.--The amendments made by this section shall take effect as if included in the enactment of the Assistance for Unemployed Workers and Struggling Families Act.

Assistance for Unemployed Workers Extension Act - Amends the Supplemental Appropriations Act, 2008, as amended by the Unemployment Compensation Extension Act of 2008 and the Assistance for Unemployed Workers and Struggling Families Act, with respect to the state-established individual emergency unemployment compensation account (EUCA). Extends the Emergency Unemployment Compensation (EUC) program through December 31, 2010. Amends the Assistance for Unemployed Workers and Struggling Families Act to extend until January 1, 2011, federal-state agreements increasing regular unemployment compensation payments to individuals. Amends the Supplemental Appropriations Act, 2008, as amended by the Unemployment Compensation Extension Act of 2008, to require a further additional Tier-3 period for deposits to an individual's EUCA, using the current formula, if, at the time the amount added to such individual's account under the Act is exhausted or at any time thereafter, the individual's state is in an extended benefit period. Prescribes a formula for determining if a state is in an extended benefit period. Authorizes a state to pay extended compensation to an otherwise eligible individual before any further additional EUC, if such individual claimed extended compensation for at least one week of unemployment after the exhaustion of additional EUC. Allows the Tier-3 period augmentation to be applied to the individual's EUCA only once. Amends the Assistance for Unemployed Workers and Struggling Families Act to extend until January 1, 2011, the requirement that federal payments to states cover 100% of EUC. Amends the Unemployment Compensation Extension Act of 2008, as amended by such Act, to extend through May 30, 2011, federal matching for the first week of extended EUC for states with no waiting week. Amends the Railroad Unemployment Insurance Act to extend through December 31, 2010, the temporary increase in extended unemployment benefits for employees with 10 or more years of service and for those with less than 10. Makes additional appropriations to cover such cost. Amends the Assistance for Unemployed Workers and Struggling Families Act to make additional appropriations to the Railroad Retirement Board to cover administrative expenses associated with such additional extended benefits.

SECTION 1. SHORT TITLE. This Act may be cited as ``Special Exposure Cohort Fairness Act of 2004''. SEC. 2. FINDINGS. Congress finds the following: (1) Since World War II, hundreds of thousands of men and women have served in building the Nation's nuclear defense and, in the course of this work, have been exposed to beryllium, ionizing radiation, and other hazards unique to nuclear weapons production and testing, including tens of thousands of workers in New Mexico. The purpose of the Energy Employees Occupational Illness Compensation Program Act of 2000 (in this section referred to as the ``Act''), which was enacted on October 30, 2000, is to provide for timely, uniform, and adequate compensation of covered employees and, where applicable, survivors of such employees, suffering from illnesses incurred by such employees in the performance of duty for the Department of Energy and certain of its contractors and subcontractors. (2) Executive Order No. 13179 required the Secretary of Health and Human Services to carry out the Act's statutory requirement to issue and implement procedures for conducting radiation dose reconstruction, to establish the scientific basis for compensation, and to issue regulations under which classes of workers could petition to become members of a Special Exposure Cohort and under which such petitions could be evaluated. Pursuant to the Act, workers may petition to be members of a Special Exposure Cohort when it is not feasible to estimate dose with sufficient accuracy and there is a reasonable likelihood that exposures to radiation may have endangered the health of the class of workers. Special Exposure Cohort status provides an automatic presumption of causation for 22 radiation-related cancers without the need for attempting to estimate radiation dose, and is intended to remove an otherwise insurmountable burden of proof. Such Special Exposure Cohorts have been designated by Congress at Paducah, Kentucky, Portsmouth, Ohio, the K-25 facility at Oak Ridge, Tennessee, and the Amchitka Island Test site in Alaska. (3) The National Institute for Occupational Safety and Health was tasked with conducting radiation dose reconstructions under the Act. As of April 16, 2004, the Institute has completed 15 out of 571 radiation dose reconstructions for covered workers at Los Alamos, New Mexico. The Institute has completed only 18 out of 765 dose reconstructions in New Mexico. Sick workers are dying while awaiting a determination on their claims, and in many cases the delays have caused them to lose hope. (4) Congressional intent undergirding the statutory requirement to allow additional Special Exposure Cohorts was explained by Senator Jeff Bingaman, an original cosponsor, as part of the floor debate on the enactment of the Act on October 12, 2000. He stated that this provision was added ``for a significant minority who were exposed to radiation but for whom it would be infeasible to reconstruct their dose. There are several reasons why . . . this infeasibility might exist. First relevant dose records might be missing or might not exist altogether. Second there might be a way to reconstruct the dose, but it would be prohibitively expensive to do so. Finally it might take so long to reconstruct a dose for a group of workers that they will all be dead before we have an answer that can be used to determine their eligibility.''. (5) Dose reconstruction is being interminably delayed for claimants at Los Alamos National Laboratory. A May 5, 2004, report to Congress by the Centers for Disease Control regarding obstacles to records recovery needed for radiation dose reconstruction states that: ``Los Alamos National Laboratory has not submitted individual bioassay data, nor detailed external dosimetry data. The submittals consist of derived dose quantities, which cannot readily be used in dose reconstructions because they use a different methodology than NIOSH uses for dose reconstructions''. (6) Hearings and investigations reveal that there was not appropriate worker monitoring for mixed neutron and gamma radiation for certain time periods, doubtful reliability of radiation dosimetry reports provided to claimants for certain time periods, and for some claimants, access has been denied to particular monitoring records. One of the workers who testified at a Department of Energy hearing in Espanola, New Mexico, in 2000 described how he could fall through the cracks of a system that operated solely on dose histories. He was a supervisor at what was called the ``hot dump'' at Los Alamos. Environmental restoration reports indicate that more than 80 different radionuclides were taken there to be disposed of, making it very difficult to resconstruct dose amounts for each worker. (7) Over the course of the atomic weapons program at Los Alamos, health-related documents were withheld from the workers and public in order to shield the Government and its contractors from public criticism, concerns about union demands for hazardous duty pay, and real or perceived liability. (8) Memoranda indicate that air concentrations of radionuclides at Area G of Los Alamos were systematically underreported in environmental surveillance reports issued to the public in the late 1980's and early 1990's, according to the Pueblo Office of Environmental Protection in 1992. (9) During the 2003 and 2004 regular sessions, the New Mexico legislature, through the leadership of State Representative Ray Ruiz, enacted Joint Memorials calling upon the United States Congress to enact comprehensive reforms to subtitle B and subtitle D of the Act to remedy the injustices to workers made sick from employment by contractors and subcontractors at Los Alamos. House Joint Memorial 16 (2003) and House Joint Memorial 20 (2004) state in relevant part: ``those employees who are unable to obtain records establishing past exposures and employees whose claims of radiation exposure are in jeopardy of being denied due to scientific uncertainty in causation determinations should receive the benefit of the doubt and be compensated under the federal act''. (10) The memorial also urges that, in enacting Federal reform legislation with respect to the Act: ``special exposure cohorts be established for employees in area G and the linear accelerator at Los Alamos national laboratory, and for security guards and all construction workers, due to the impossibility of accurately reconstructing past radiation doses.''. (11) The predicates for a Special Exposure Cohort for Los Alamos workers have been met. For some, dose records are missing or are incomplete; for others, it is requiring a costly research effort, the reliability of the Institute's dose estimates may be open to question, and for virtually all Los Alamos claimants, the Institute is taking so long to estimate dose that claimants are dying off before they ever receive a determination. Justice has been denied through interminable delays. New Mexico's large population of potentially eligible claimants at Department of Energy facilities should not have to wait another generation or more to be compensated for their occupational illnesses. SEC. 3. DEFINITION OF MEMBER OF SPECIAL EXPOSURE COHORT TO INCLUDE WORKERS AT LOS ALAMOS NATIONAL LABORATORY, LOS ALAMOS, NEW MEXICO. (a) In General.--Section 3621(14) of the Energy Employees Occupational Illness Compensation Program Act of 2000 (42 U.S.C. 7384l(14)) is amended-- (1) by redesignating subparagraph (C) as subparagraph (D); and (2) by inserting after subparagraph (B) the following: ``(C) The employee was so employed for a number of work days aggregating at least 250 work days during the period 1945 through 2000 at Los Alamos National Laboratory, Los Alamos, New Mexico, as a cohort- eligible Los Alamos worker (as defined in paragraph (18)) for work carried out under contract to the Department of Energy, and, during such employment-- ``(i) was monitored through the use of-- ``(I) dosimetry badges for exposure at the plant of the external parts of employee's body to radiation; or ``(II) biossays, in vivo monitoring, or breath samples for exposure at the plant to internal radiation; or ``(ii) worked in a job that had exposures comparable to a job that is monitored, or should have been monitored, under standards of the Department of Energy in effect on the date of the enactment of this subparagraph through the use of dosimetry badges for monitoring external radiation exposures, or bioassays or in vivo monitoring for internal radiation exposures.''. (b) Cohort-Eligible Los Alamos Workers.--Section 3621 of such Act is further amended by adding at the end the following new paragraph: ``(18) The term `cohort-eligible Los Alamos worker' applies to employment-- ``(A) in Area G or at the linear accelerator; ``(B) as a security guard or construction worker; or ``(C) in any area of Los Alamos National Laboratory and in any capacity, if all records necessary for radiation dose reconstruction under this Act with respect to that employee have not been received by the National Institute for Occupational Safety and Health from the Department of Energy or its contractors within 200 days after receipt of the claim under this Act with respect to that employee.''.

Special Exposure Cohort Fairness Act of 2004 - Amends the Energy Employees Occupational Illness Compensation Program Act of 2000 to include within its Special Exposure Cohort for compensation purposes certain employees who, during their employment at Los Alamos National Laboratory, Los Alamos, New Mexico, during the period 1945 through 2000: (1) were monitored through the use of dosimetry badges for exposure at the plant of the external parts of an employee's body to radiation; (2) were monitored through the use of bioassays, in vivo monitoring, or breath samples for exposure at the plant to internal radiation; or (3) worked in a job that had exposures comparable to a job that is monitored under certain DOE standards through the use of dosimetry badges for monitoring external radiation exposures, or bioassays, in vivo monitoring, for internal radiation exposures. Defines Cohort-Eligible Los Alamos Worker as one employed: (1) as a security guard or construction worker; (2) in Area G or at the linear accelerator; or (3) in any area of Los Alamos National Laboratory and in any capacity, if all records necessary for radiation dose reconstruction with respect to such employee have not been received by the National Institute for Occupational Safety and Health from the Department of Energy or its contractors within 200 days after receipt of a claim under this Act.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Drill Responsibly in Leased Lands Act of 2008''. SEC. 2. NATIONAL PETROLEUM RESERVE IN ALASKA: LEASE SALES. Section 107(a) of the Naval Petroleum Reserves Production Act of 1976 is amended to read as follows: ``(a) In General.--The Secretary shall conduct an expeditious environmentally responsible program of competitive leasing of oil and gas in the National Petroleum Reserve in Alaska in accordance with this Act. Such program shall include no fewer than one lease sale in the Reserve each year during the period 2009 through 2013.''. SEC. 3. NATIONAL PETROLEUM RESERVE IN ALASKA: PIPELINE CONSTRUCTION. The Secretary of Transportation shall facilitate, in an environmentally responsible manner and in coordination with the Secretary of the Interior, the construction of pipelines necessary to transport oil and gas from or through the National Petroleum Reserve in Alaska to existing transportation or processing infrastructure on the North Slope of Alaska. SEC. 4. ALASKA NATURAL GAS PIPELINE PROJECT FACILITATION. (a) Findings.--The Congress finds the following: (1) Over 35 trillion cubic feet of natural gas reserves have been discovered on Federal and State lands currently open to oil and gas leasing on the North Slope of Alaska. (2) These gas supplies could make a significant contribution to meeting the energy needs of the United States, but the lack of a natural gas transportation system has prevented these gas reserves from reaching markets in the lower 48 States. (b) Facilitation by President.--The President shall, pursuant to the Alaska Natural Gas Pipeline Act (division C of Public Law 108-324; 15 U.S.C. 720 et seq.) and other applicable law, coordinate with producers of oil and natural gas on the North Slope of Alaska, Federal agencies, the State of Alaska, Canadian authorities, and other interested persons in order to facilitate construction of a natural gas pipeline from Alaska to United States markets as expeditiously as possible. SEC. 5. PROJECT LABOR AGREEMENTS AND OTHER PIPELINE REQUIREMENTS. (a) Project Labor Agreements.--The President, as a term and condition of any permit required under Federal law for the pipelines referred to in section 3 and section 4, and in recognizing the Government's interest in labor stability and in the ability of construction labor and management to meet the particular needs and conditions of such pipelines to be developed under such permits and the special concerns of the holders of such permits, shall require that the operators of such pipelines and their agents and contractors negotiate to obtain a project labor agreement for the employment of laborers and mechanics on production, maintenance, and construction for such pipelines. (b) Pipeline Maintenance.--The Secretary of Transportation shall require every pipeline operator authorized to transport oil and gas produced under Federal oil and gas leases in Alaska through the Trans- Alaska Pipeline, any pipeline constructed pursuant to section 3 or 4 of this Act, or any other federally approved pipeline transporting oil and gas from the North Slope of Alaska, to certify to the Secretary of Transportation annually that such pipeline is being fully maintained and operated in an efficient manner. The Secretary of Transportation shall assess appropriate civil penalties for violations of this requirement in the same manner as civil penalties are assessed for violations under section 60122(a)(1) of title 49, United States Code. SEC. 6. BAN ON EXPORT OF ALASKAN OIL. (a) Repeal of Provision Authorizing Exports.--Section 28(s) of the Mineral Leasing Act (30 U.S.C. 185(s)) is repealed. (b) Reimposition of Prohibition on Crude Oil Exports.--Upon the effective date of this Act, subsection (d) of section 7 of the Export Administration Act of 1979 (50 U.S.C. App. 2406(d)), shall be effective, and any other provision of that Act (including sections 11 and 12) shall be effective to the extent necessary to carry out such section 7(d), notwithstanding section 20 of that Act or any other provision of law that would otherwise allow exports of oil to which such section 7(d) applies. SEC. 7. ISSUANCE OF NEW LEASES. (a) In General.--After the date of the issuance of regulations under subsection (b), the Secretary of the Interior shall not issue to a person any new lease that authorizes the exploration for or production of oil or natural gas, under section 17 of the Mineral Leasing Act (33 U.S.C. 226), the Mineral Leasing Act for Acquired Lands Act (30 U.S.C. 351 et seq.), the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.), or any other law authorizing the issuance of oil and gas leases on Federal lands or submerged lands, unless-- (1) the person certifies for each existing lease under such Acts for the production of oil or gas with respect to which the person is a lessee, that the person is diligently developing the Federal lands that are subject to the lease in order to produce oil or natural gas or is producing oil or natural gas from such land; or (2) the person has relinquished all ownership interest in all Federal oil and gas leases under which oil and gas is not being diligently developed. (b) Diligent Development.--The Secretary shall issue regulations within 180 days after the date of enactment of this Act that establish what constitutes ``diligently developing'' for purposes of this Act. (c) Failure To Comply With Requirements.--Any person who fails to comply with the requirements of this section or any regulation or order issued to implement this section shall be liable for a civil penalty under section 109 of the Federal Oil and Gas Royalty Management Act of 1982 (30 U.S.C. 1719). (d) Lessee Defined.--In this section the term ``lessee''-- (1) includes any person or other entity that controls, is controlled by, or is in or under common control with, a lessee; and (2) does not include any person who does not hold more than a minority ownership interest in a lease under an Act referred to in subsection (a) authorizing the exploration for or production of oil or natural gas. SEC. 8. FAIR RETURN ON PRODUCTION OF FEDERAL OIL AND GAS RESOURCES. (a) Royalty Payments.--The Secretary of the Interior shall take all steps necessary to ensure that lessees under leases for exploration, development, and production of oil and natural gas on Federal lands, including leases under the Mineral Leasing Act (30 U.S.C. 181 et seq.), the Mineral Leasing Act for Acquired Lands (30 U.S.C. 351 et seq.), the Outer Continental Shelf Lands Act (30 U.S.C. 1331 et seq.), and all other mineral leasing laws, are making prompt, transparent, and accurate royalty payments under such leases. (b) Recommendations for Legislative Action.--In order to facilitate implementation of subsection (a), the Secretary of the Interior shall, within 180 days after the date of the enactment of this Act and in consultation with the affected States, prepare and transmit to Congress recommendations for legislative action to improve the accurate collection of Federal oil and gas royalties.

Drill Responsibly in Leased Lands Act of 2008 - Amends the Naval Petroleum Reserves Production Act of 1976 to direct the Secretary of the Interior to conduct an oil and gas competitive leasing program in the National Petroleum Reserve, Alaska, that includes at least one lease sale each year during the period 2009 through 2013. Instructs the Secretary of Transportation to: (1) facilitate pipeline construction to transport oil and gas from or through the National Petroleum Reserve in Alaska to existing transportation or processing infrastructure on the North Slope of Alaska; and (2) require certain authorized pipeline operators to certify annually that the pipeline is being fully maintained and operated in an efficient manner. Directs the President to coordinate with oil and natural gas producers on the North Slope of Alaska, and other specified entities, to expedite construction of a natural gas pipeline from Alaska to U.S. markets. Amends the Mineral Leasing Act to repeal provisions authorizing the export of Alaskan North Slope oil. Amends the Export Administration Act of 1979 to reimpose the prohibition against crude oil exports. Prohibits the Secretary of the Interior from authorizing any new lease for exploration or production of oil or natural gas unless the lessee: (1) certifies for each existing lease that the lessee has diligently developed the pertinent federal lands in order to produce oil or natural gas, or is producing oil or natural gas from them; or (2) has relinquished all federal oil and gas leases that are not being diligently developed. Instructs the Secretary to ensure that lessees under leases for exploration, development, and production of oil and natural gas on federal lands make prompt, transparent, and accurate royalty payments.

SECTION 1. SHORT TITLE. This Act may be cited as the ``High Plains Aquifer Conservation, Monitoring, and Coordination Act''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) a reliable source of groundwater is an essential element of the economy of the communities on the High Plains; (2) the High Plains Aquifer consists largely of the Ogallala Aquifer with small components of other geologic units; (3) the High Plains Aquifer experienced a dramatic decline in water table levels in the latter half of the twentieth century; (4) the decline in water table levels is especially pronounced in the Southern Ogallala Aquifer, with areas in the states of Kansas, New Mexico, Oklahoma, and Texas experiencing declines of over 100 feet in that from 1950 to 1997; (5) the saturated thickness of the High Plains Aquifer has declined by over 50 percent in some areas, the percentage of the High Plains Aquifer which has a saturated thickness of 100 feet or more declined from 54 percent to 51 percent in the period from 1980 to 1997; (6) the decreased water levels in the High Plains Aquifer coupled with higher pumping lift costs raise concerns about the long-term sustainability of irrigated agriculture in the High Plains; (7) hydrological modeling by the United States Geological Survey indicates that in the context of sustained high groundwater use in the surrounding region, reductions in groundwater pumping at the single farm level or at a local level of up to 100 square miles, have a very time limited impact on conserving the level of the local water table, thus creating a disincentive for individual water users to invest in water conservation measures; (8) incentives must be created for conservation of groundwater on a regional scale, in order to achieve an agricultural economy on the High Plains that is sustainable; (9) Federal, State, tribal, and local water policy makers, and individual groundwater users must have access to reliable information concerning aquifer recharge rates, extraction rates, and water table levels at the local and regional levels on an ongoing basis for water conservation incentives to function; and (10) coordination of Federal, State and local efforts to map, model and monitor the High Plains Aquifer and of programs pertaining to the conservation of the groundwater resources of the Aquifer can play an important role in effectively addressing the issue of the decline of the Aquifer. (b) Purpose.--The purpose of this Act is to provide for the enhanced mapping, modeling, and monitoring of the High Plains Aquifer and the improved coordination of efforts to address the conservation of the groundwater resources of the Aquifer. SEC. 3. DEFINITIONS. For purposes of this Act: (a) High Plains Aquifer.--The term ``High Plains Aquifer'' is the groundwater reserve depicted as figure 1 in the United States Geological Survey Professional Paper 1400-B, titled Geohydrology of the High Plains Aquifer in Parts of Colorado, Kansas, Nebraska, New Mexico, Oklahoma, South Dakota, Texas, and Wyoming. (b) High Plains.--The term ``High Plains'' means the approximately 174,000 square miles of land surface overlying the High Plains Aquifer in the States of Colorado, Kansas, Nebraska, New Mexico, Oklahoma, South Dakota, Texas, and Wyoming. (c) High Plains Aquifer States.--The term ``High Plains Aquifer States'' means the states of Colorado, Kansas, Nebraska, New Mexico, Oklahoma, South Dakota, Texas, and Wyoming. (d) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 4. HYDROGEOLOGIC MAPPING, MODELING, AND MONITORING. (a) Program.--The Secretary, working through the United States Geological Survey, and in cooperation with the State Geologists of the High Plains Aquifer States, shall develop and carry out a comprehensive hydrogeologic mapping, modeling, and monitoring program for the High Plains Aquifer. The program shall include on a county-by-county basis-- (1) a map of the hydrological configuration of the High Plains Aquifer; and (2) an analysis of: (A) the current and past rate at which groundwater is being withdrawn and recharged, and the net rate of decrease or increase in aquifer storage; (B) the factors controlling the rate of horizontal migration of water within the High Plains Aquifer; and (C) the current and past rate of loss of saturated thickness within the High Plains Aquifer. (b) Funding.--The Secretary shall make available to the High Plains States no less than 50 percent of the funds made available pursuant to this section to be used by the States, working in cooperation with the Secretary, to implement the program provided for by this section. The Secretary shall allocate the funds among the High Plains Aquifer States in a manner to best further the objectives of the program provided for in this section. (c) Annual Report.--One year after the date of enactment of this Act, and every two years thereafter, the Secretary shall submit a report on the status of the High Plains Aquifer to the Committee on Energy and Natural Resources of the Senate, the Committee on Resources of the House of Representatives, and the Governors of the High Plains Aquifer States. SEC. 5. HIGH PLAINS AQUIFER COORDINATION COUNCIL. (a) Establishment and Purpose.--The Secretary, in cooperation with the Secretary of Agriculture, shall establish a High Plains Aquifer Coordination Council. The purpose of the Council shall be to-- (1) ensure that comprehensive and coordinated mapping, modeling, and monitoring efforts relating to the High Plains Aquifer are in place to provide information on the water resources of the High Plains Aquifer, including the sustainability of such resources; (2) facilitate the coordination of Federal, State, and local programs relating to the groundwater resources of the High Plains Aquifer; (3) facilitate coordination of programs and policies among the High Plains Aquifer States with respect to the groundwater resources of the High Plains Aquifer; (4) evaluate the effectiveness of Federal and State programs in addressing the present and anticipated groundwater resources issues relating to the High Plains Aquifer; and (5) provide recommendations to the Secretary, the Secretary of Agriculture, and each Governor of a High Plains Aquifer State, regarding programs and policies and changes in Federal and State law to address the groundwater resources issues of the High Plains Aquifer. (b) Membership.--The Secretary, in consultation with the Secretary of Agriculture, shall appoint the following members of the High Plains Aquifer Coordination Council: (1) Two representatives of the Secretary of the Interior, one representing the Bureau of Reclamation, and one representing the U.S. Geological Survey. (2) Two representatives of the Secretary of Agriculture, to be selected from a list of candidates provided by such Secretary, one representing the Natural Resources Conservation Service and one representing the Rural Development Administration. (3) A representative of each Governor of a High Plains Aquifer State, who shall be a state employee and shall be selected from a list of candidates provided by the Governor. The representative of at least one Governor shall be a State Geologist of a High Plains Aquifer State. (4) A representative of irrigation production agriculture from each High Plains Aquifer State, selected from a list of candidates provided by each Governor. (5) A representative of the municipal and industrial water user community from each High Plains Aquifer State, selected from a list provided by the Governor. (6) A representative from the conservation community from each High Plains Aquifer State, selected from a list provided by the Governor. (7) Two representatives of Indian Tribes from the High Plains Aquifer area of the vicinity thereof. (c) Terms.--Each member of the High Plains Aquifer Coordination Council shall serve for a term of four years, whereupon the Secretary may reappoint the member or appoint a new member in conformance with the provisions of subsection (b). Members of the Council who are not employees of Federal Government shall serve without Federal compensation, but shall be reimbursed by the Secretary for travel, subsistence, and other necessary expenses incurred by them in the performance of their duties. (d) Administration.--Financial and administrative services shall be provided to High Plains Aquifer Coordination Council by the Secretary. (e) Report.--The High Plains Aquifer Coordination Council shall submit a report to the Secretary, the Secretary of Agriculture, the Committees Energy and Natural Resources and Agriculture of the Senate and the Committees on Resources and Agriculture of the House of Representatives, two years from the date of enactment of this Act and every two years thereafter. The report shall contain the Council's finding and recommendations regarding the matters set forth in subsection (a). SEC. 6. HIGH PLAINS AQUIFER EDUCATIONAL ASSISTANCE. The Secretary, working in cooperation with the Secretary of Agriculture, shall provide financial assistance, subject to the availability of appropriations, to each of the eight High Plains Aquifer States to provide educational programs related to this Act. The States may cooperate with land grant universities and educational institutions or other private organizations in the administration of these programs. Educational programs shall include the following: (a) Water conservation workshops for producers, crop consultants, and agricultural groups throughout the High Plains Aquifer region. (b) Training and periodic update workshops for field staff responsible for implementing water conservation cost-share programs. (c) Public education and information for elementary and secondary students and adult learners, and education for state and local decision makers. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. (a) There is authorized to be appropriated not to exceed $10,000,000 for each of the fiscal years 2002 through 2007 to carry out the purposes of section 4 of this Act. (b) There is authorized to be appropriated not to exceed $2,000,000 for each of the fiscal years 2002 through 2007 to carry out the purposes of section 5 of this Act. (c) There is authorized to be appropriated $3 million annually fiscal year 2002 through fiscal year 2011 to carry out the program set forth in section 6 of this Act.

High Plains Aquifer Conservation, Monitoring, and Coordination Act - Directs the Secretary of the Interior, through the U.S. Geological Survey and in cooperation with the State Geologists of the High Plains Aquifer States (Colorado, Kansas, Nebraska, New Mexico, Oklahoma, South Dakota, Texas, and Wyoming), to develop and carry out a hydrogeologic mapping, modeling, and monitoring program for the High Plains Aquifer.Requires the Secretary, in cooperation with the Secretary of Agriculture, to establish a High Plains Aquifer Coordination Council to: (1) ensure that mapping, modeling, and monitoring efforts relating to the Aquifer are in place to provide information on the water resources of the Aquifer, including sustainability; (2) facilitate coordination of Federal, State, and local programs relating to the groundwater resources of the Aquifer; (3) evaluate the effectiveness of Federal and State programs in addressing present and anticipated groundwater resources issues relating to the Aquifer; and (4) provide recommendations to the Secretaries and the Governors of such States regarding programs, policies, and changes in Federal and State law to address such issues.Requires the Secretary, working in cooperation with the Secretary of Agriculture, to provide financial assistance to such States to provide educational programs related to this Act.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Partnership for Professional Renewal Act of 1997''. SEC. 2. PURPOSE; ESTABLISHMENT OF PROGRAM. Title V of the Higher Education Act of 1965 is amended by adding the following new part: ``PART G--PARTNERSHIP FOR PROFESSIONAL RENEWAL ``SEC. 599A. PURPOSES. ``The purposes of this part are-- ``(1) to make the public school a classroom for teachers in training and provide school faculty with opportunities for professional development; and ``(2) to encourage a communitywide commitment to public education that uses students' homes, local neighborhoods, businesses, and community organizations as education resources and makes the Partnership for Professional Renewal a resource to the community. ``SEC. 599B. APPLICATION REQUIREMENTS. ``(a) Application and Plan Required.-- ``(1) In general.--Any institution of higher education desiring to obtain a grant under this section shall submit to the Secretary an application at such time, in such form, and containing such information and assurances as the Secretary may require by regulation. ``(2) Institution plan.--An application under this section shall include a plan for the establishment of an ongoing program that will provide training and technical support for prospective teachers and classroom teachers. ``(b) Contents of Plan.--The institution of higher education plan shall include information on-- ``(1) the methods by which elementary and secondary schools will be selected to participate in Partnerships for Professional Renewal; ``(2) the duration for which the teacher-in-training will be assigned to a classroom; ``(3) the methods by which consortia will be formed that include representatives of-- ``(A) institution of higher education teacher training faculty; ``(B) local school faculty; ``(C) local school parents; ``(D) education technology expert; ``(E) local school administration; ``(F) local business; and ``(G) local community leaders; ``(4) the methods by which the consortium will be used-- ``(A) to collaborate on the development of the specific objectives of the partnership program; and ``(B) to encourage a communitywide commitment to public education that uses students' homes, local neighborhoods, businesses, and community organizations as education resources and makes the Partnership for Professional Renewal a resource to the community; ``(5) the methods by which postsecondary faculty will join with classroom teachers to balance the theoretical and practical aspects of teacher training for teachers-in-training; ``(6) the academic resources that the institution of higher education will provide to offer the faculty of the elementary or secondary school opportunities for professional development; and ``(7) methods for sharing knowledge and ideas obtained at one school with other teachers and students. ``SEC. 599C. SELECTION OF APPLICATIONS FOR AWARDS. ``(a) Selection Criteria.--The Secretary shall by regulation establish criteria for the selection of applications for the award of grants under this part. Such selection criteria shall-- ``(1) be designed to identify those applications for awards that best fulfill the purposes of this part; ``(2) require the Secretary to consider, in making such awards, the need to provide both geographic diversity among grant recipients and a diversity of types of participating institutions of higher education; ``(3) give special attention to those plans which assign a teacher-in-training to the same classroom for one full school year, or more; and ``(4) include criteria based on the extent to which the application best meets the requirements of paragraphs (4), (5), (7), and (8) of section 599B(b). ``SEC. 599D. USE OF FUNDS. ``Funds received under a grant made pursuant to this part may be used-- ``(1) to hire a chief administrative officer to oversee this program; ``(2) to advertise the existence of this program throughout the region in which the postsecondary and elementary or secondary schools are located; ``(3) to develop curriculum for the partnership and update said curriculum as necessary; ``(4) to provide supplies and staff for the partnership; ``(5) to fund lifelong learning opportunities in educational technology for the faculty of partner schools; ``(6) to provide professional development opportunities; and ``(7) for other uses consistent with the purposes of this part, as specifically stated in the plan submitted by the institution of higher education and approved by the Secretary. ``SEC. 599E. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated to carry out this part such sums as may be necessary for fiscal year 1998 and each of the 4 succeeding fiscal years.''.

Partnership for Professional Renewal Act of 1997 - Amends the Higher Education Act of 1965 to establish the Partnership for Professional Renewal program under which the Secretary of Education may award grants to higher education institutions to create partnerships between them and elementary or secondary schools to establish an ongoing program of training and technical support for prospective teachers and classroom teachers. Requires applicant plans to provide for consortia of such institutions and schools and local faculty, parents, and business and community leaders to develop partnership objectives. Authorizes appropriations.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Access to Contraception for Women Servicemembers and Dependents Act of 2014''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Women are serving in the Armed Forces at increasing rates, playing a critical role in the national security of the United States. More than 350,000 women serve on active duty in the Armed Forces or in the Selected Reserve. (2) Nearly 10,000,000 members of the Armed Forces (including members of the National Guard and Reserves), military retirees, their families, their survivors, and certain former spouses, including nearly 5,000,000 female beneficiaries, are eligible for health care through the Department of Defense. (3) Contraception is critical for women's health and is highly effective at reducing unintended pregnancy. The Centers for Disease Control and Prevention describe contraception as one of the 10 greatest public health achievements of the twentieth century. (4) Contraception has played a direct role in the greater participation of women in education and employment. Increased wages and increased control over reproductive decisions provide women with educational and professional opportunities that have increased gender equality over the decades since contraception was introduced. (5) Studies have shown that when cost barriers to the full range of methods of contraception are eliminated, and women receive comprehensive counseling on the various methods of contraception (including highly effective Long-Acting Reversible Contraceptives (LARCs)), rates of unintended pregnancy decline dramatically. (6) Research has also shown that investments in effective contraception save public and private dollars. (7) The 2011 recommendations of the Institute of Medicine on women's preventive health services include recommendations that health insurance plans cover all methods of contraception approved by the Food and Drug Administration, sterilization procedures, and patient education and counseling for all women with reproductive capacity without any cost-sharing requirements. (8) The recommendations described in paragraph (7) are reflected in provisions of the Patient Protection and Affordable Care Act (Public Law 111-148), and thus group and individual health insurance plans must provide such coverage. The recommendations have also been adopted by the Office of Personnel Management, and thus all health insurance plans that are part of the Federal Employees Health Benefits Program must provide such coverage. (9) Under the TRICARE program, servicewomen on active duty have full coverage of all prescription drugs, including contraception, without cost-sharing requirements. However, servicewomen not on active duty, and female dependents of members of the Armed Forces, who receive health care through the TRICARE program do not have similar coverage of all prescription methods of contraception approved by the Food and Drug Administration without cost-sharing. (10) Studies indicate that servicewomen need comprehensive counseling for pregnancy prevention, particularly in their predeployment preparations, and the lack thereof is contributing to unintended pregnancies among servicewomen. (11) An analysis by Ibis Reproductive Health of the 2008 Survey of Health Related Behaviors among Active Duty Military Personnel found a high unintended pregnancy rate among servicewomen. Adjusting for the difference between age distribution in the Armed Forces and the general population, the rate of unintended pregnancy among servicewomen is higher than for the general population. (12) With the integrated use of electronic medical records throughout the Department of Defense, the technological infrastructure exists to develop clinical decision support tools. These tools, which are incorporated into the electronic medical record, allow for a point-of-care feedback loop that can be used to enhance patient decisionmaking, case and patient management, and care coordination. Benefits of clinical decision support tools include increased quality of care and enhanced health outcomes, improved efficiency, and provider and patient satisfaction. (13) The Defense Advisory Committee on Women in the Services (DACOWITS) has recommended that all the Armed Forces, to the extent that they have not already, implement initiatives that inform servicemembers of the importance of family planning, educate them on methods of contraception, and make various methods of contraception available, based on the finding that family planning can increase the overall readiness and quality of life of all members of the military. (14) Health care, including family planning for survivors of sexual assault in the Armed Forces is a critical issue. Servicewomen on active duty report rates of unwanted sexual contact at approximately 16 times those of the comparable general population of women in the United States. Through regulations, the Department of Defense already supports a policy of ensuring that servicewomen who are sexually assaulted have access to emergency contraception. SEC. 3. CONTRACEPTION COVERAGE PARITY UNDER THE TRICARE PROGRAM. (a) In General.--Section 1074d of title 10, United States Code, is amended-- (1) in subsection (a), by inserting ``for Members and Former Members'' after ``Services Available''; (2) by redesignating subsection (b) as subsection (d); and (3) by inserting after subsection (a) the following new subsections: ``(b) Care Related to Prevention of Pregnancy.--Female covered beneficiaries shall be entitled to care related to the prevention of pregnancy described by subsection (d)(3). ``(c) Prohibition on Cost-Sharing for Certain Services.-- Notwithstanding section 1074g(a)(6) of this title or any other provision of law, cost-sharing may not be imposed or collected for care related to the prevention of pregnancy provided pursuant to subsection (a) or (b), including for any method of contraception provided, whether provided through a facility of the uniformed services, the TRICARE retail pharmacy program, or the national mail-order pharmacy program.''. (b) Care Related to Prevention of Pregnancy.--Subsection (d)(3) of such section, as redesignated by subsection (a)(2) of this section, is further amended by inserting before the period at the end the following: ``(including all methods of contraception approved by the Food and Drug Administration, sterilization procedures, and patient education and counseling in connection therewith)''. (c) Conforming Amendment.--Section 1077(a)(13) of such title is amended by striking ``section 1074d(b)'' and inserting ``section 1074d(d)''. SEC. 4. ACCESS TO BROAD RANGE OF METHODS OF CONTRACEPTION APPROVED BY THE FOOD AND DRUG ADMINISTRATION FOR MEMBERS OF THE ARMED FORCES AND MILITARY DEPENDENTS AT MILITARY TREATMENT FACILITIES. (a) In General.--Commencing not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall ensure that every military treatment facility has a sufficient stock of a broad range of methods of contraception approved by the Food and Drug Administration, as recommended by the Centers for Disease Control and Prevention and the Office of Population Affairs of the Department of Health and Human Services, to be able to dispense at any time any such method of contraception to any women members of the Armed Forces and female covered beneficiaries who receive care through such facility. (b) Covered Beneficiary Defined.--In this section, the term ``covered beneficiary'' has the meaning given that term in section 1072(5) of title 10, United States Code. SEC. 5. COMPREHENSIVE STANDARDS AND ACCESS TO CONTRACEPTION COUNSELING FOR MEMBERS OF THE ARMED FORCES. (a) Purpose.--The purpose of this section is to ensure that all health care providers employed by the Department of Defense who provide care for women members of the Armed Forces, including general practitioners, are provided, through clinical practice guidelines, the most current evidence-based and evidence-informed standards of care with respect to methods of contraception and counseling on methods of contraception. (b) Clinical Practice Guidelines.-- (1) In general.--Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall compile clinical practice guidelines for health care providers described in subsection (a) on standards of care with respect to methods of contraception and counseling on methods of contraception for women members of the Armed Forces. (2) Sources.--The Secretary shall compile clinical practice guidelines under this subsection from among clinical practice guidelines established by appropriate health agencies and professional organizations, including the following: (A) The United States Preventive Services Task Force. (B) The Centers for Disease Control and Prevention. (C) The Office of Population Affairs of the Department of Health and Human Services. (D) The American College of Obstetricians and Gynecologists. (E) The Association of Reproductive Health Professionals. (F) The American Academy of Family Physicians. (G) The Agency for Healthcare Research and Quality. (3) Updates.--The Secretary shall from time to time update the list of clinical practice guidelines compiled under this subsection to incorporate into such guidelines new or updated standards of care with respect to methods of contraception and counseling on methods of contraception. (4) Dissemination.-- (A) Initial dissemination.--As soon as practicable after the compilation of clinical practice guidelines pursuant to paragraph (1), but commencing not later than one year after the date of the enactment of this Act, the Secretary shall provide for rapid dissemination of the clinical practice guidelines to health care providers described in subsection (a). (B) Updates.--As soon as practicable after the adoption under paragraph (3) of any update to the clinical practice guidelines compiled pursuant to this subsection, the Secretary shall provide for the rapid dissemination of such clinical practice guidelines, as so updated, to health care providers described in subsection (a). (C) Protocols.--Clinical practice guidelines, and any updates to such guidelines, shall be disseminated under this paragraph in accordance with administrative protocols developed by the Secretary for that purpose. (c) Clinical Decision Support Tools.-- (1) In general.--Not later than one year after the date of the enactment of this Act, the Secretary shall, in order to assist health care providers described in subsection (a), develop and implement clinical decision support tools that reflect, through the clinical practice guidelines compiled pursuant to subsection (b), the most current evidence-based and evidence-informed standards of care with respect to methods of contraception and counseling on methods of contraception. (2) Updates.--The Secretary shall from time to time update the clinical decision support tools developed under this subsection to incorporate into such tools new or updated guidelines on methods of contraception and counseling on methods of contraception. (3) Dissemination.--Clinical decision support tools, and any updates to such tools, shall be disseminated under this subsection in accordance with administrative protocols developed by the Secretary for that purpose. Such protocols shall be similar to the administrative protocols developed under subsection (b)(4)(C). (d) Access to Contraception Counseling.--As soon as practicable after the date of the enactment of this Act, the Secretary shall ensure that women members of the Armed Forces have access to counseling on the full range of methods of contraception provided by health care providers described in subsection (a) during health care visits, including, but not limited to, visits as follows: (1) During predeployment health care visits, with the counseling to be provided during such visits emphasizing the interaction between anticipated deployment conditions and various methods of contraception. (2) During health care visits during deployment. (3) During annual physical examinations. (e) Incorporation Into Surveys of Questions on Servicewomen Experiences With Family Planning Services and Counseling.-- (1) In general.--Not later than 90 days after the date of the enactment of this Act, the Secretary shall integrate into the Department of Defense surveys specified in paragraph (2) questions designed to obtain information on the experiences of women members of the Armed Forces-- (A) in accessing family planning services and counseling; (B) in using family planning methods, which method was preferred and whether deployment conditions affected the decision on which family planning method or methods to be used; and (C) if pregnant, whether the pregnancy was intended. (2) Covered surveys.--The surveys into which questions shall be integrated as described in paragraph (1) are the following: (A) The Health Related Behavior Survey of Active Duty Military Personnel. (B) The Health Care Survey of Department of Defense Beneficiaries. SEC. 6. EDUCATION ON FAMILY PLANNING FOR MEMBERS OF THE ARMED FORCES. (a) Education Program.-- (1) In general.--Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall establish an education program for all members of the Armed Forces, including both men and women members, consisting of a uniform standard curriculum on family planning. (2) Sense of congress.--It is the sense of Congress that the standard curriculum should use the latest technology available to efficiently and effectively deliver information to members of the Armed Forces. (b) Elements.--The standard curriculum under subsection (a) shall include the following: (1) Information on the importance of providing comprehensive family planning for members of the Armed Forces, and their commanding officers, and on the positive impact family planning can have on the health and readiness of the Armed Forces. (2) Current, medically accurate information. (3) Clear, user-friendly information on the full range of methods of contraception and where members of the Armed Forces can access their chosen method of contraception. (4) Information on all applicable laws and policies so that members are informed of their rights and obligations. (5) Information on patients' rights to confidentiality. (6) Information on the unique circumstances encountered by members of the Armed Forces, and the effects of such circumstances on the use of contraception. SEC. 7. PREGNANCY PREVENTION ASSISTANCE AT MILITARY TREATMENT FACILITIES FOR WOMEN WHO ARE SEXUAL ASSAULT SURVIVORS. (a) Purpose.--The purpose of this section is to provide in statute, and to enhance, existing regulations that require health care providers at military treatment facilities to consult with survivors of sexual assault once clinically stable regarding options for emergency contraception and any necessary follow-up care, including the provision of the emergency contraception. (b) In General.--The assistance specified in subsection (c) shall be provided at every military treatment facility to the following: (1) Any woman who presents at a military treatment facility and states to personnel of the facility that she is a victim of sexual assault or is accompanied by another individual who states that the woman is a victim of sexual assault. (2) Any woman who presents at a military treatment facility and is reasonably believed by personnel of such facility to be a survivor of sexual assault. (c) Assistance.-- (1) In general.--The assistance specified in this subsection shall include the following: (A) The prompt provision by appropriate staff of the military treatment facility of comprehensive, medically and factually accurate, and unbiased written and oral information about all methods of emergency contraception approved by the Food and Drug Administration. (B) The prompt provision by such staff of emergency contraception to a woman upon her request. (C) Notification to the woman of her right to confidentiality in the receipt of care and services pursuant to this section. (2) Nature of information.--The information provided pursuant to paragraph (1)(A) shall be provided in language that is clear and concise, is readily comprehensible, and meets such conditions (including conditions regarding the provision of information in languages other than English) as the Secretary may provide in the regulations under this section.

Access to Contraception for Women Servicemembers and Dependents Act of 2014 - Expands the TRICARE health care program managed by the Department of Defense (DOD) to entitle additional female beneficiaries and dependents to care related to the prevention of pregnancy. (Currently, such care is limited to certain female members of the uniformed service or a reserve component performing active duty or certain servicewomen performing inactive-duty training.) Prohibits cost-sharing from being imposed or collected for such pregnancy prevention care, including for any method of contraception provided through a facility of the uniformed services, the TRICARE retail pharmacy program, or the national mail-order pharmacy program. Provides for such pregnancy prevention care to include all methods of contraception approved by the Food and Drug Administration (FDA), sterilization procedures, and patient education and counseling. Directs the DOD Secretary to: (1) ensure that every military treatment facility has a sufficient stock of a broad range of FDA-approved methods of contraception to dispense to any women members of the Armed Forces and female covered beneficiaries who receive care through such facility; (2) disseminate clinical practice guidelines and decision support tools to DOD-employed health care providers; (3) ensure that women members of the Armed Forces have access to contraception counseling during health care visits; and (4) establish an education program for all members of the Armed Forces, including both men and women members, consisting of a uniform standard curriculum on family planning. Requires questions regarding family planning services and counseling to be incorporated into DOD health surveys. Requires every military treatment facility, upon request, to provide emergency contraception, or information about FDA-approved methods of emergency contraception, to any woman who: (1) states to personnel that she is a victim of sexual assault or is accompanied by another individual who states that the woman is a victim of sexual assault, or (2) is reasonably believed to be a survivor of sexual assault.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Nonitemizer Real Property Tax Deduction Act of 2006''. SEC. 2. ADDITIONAL STANDARD DEDUCTION FOR REAL PROPERTY TAXES FOR NONITEMIZERS. (a) In General.--Section 63(c)(1) (defining standard deduction) 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) the real property tax deduction.''. (b) Definition.--Section 63(c) is amended by adding at the end the following new paragraph: ``(8) Real property tax deduction.--For purposes of paragraph (1), the real property tax deduction is so much of the amount of State and local real property taxes (within the meaning of section 164) paid or accrued by the taxpayer during the taxable year which do not exceed $500 ($1,000 in the case of a joint return).''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2006. SEC. 3. CLARIFICATION OF ECONOMIC SUBSTANCE DOCTRINE. (a) In General.--Section 7701 is amended by redesignating subsection (o) as subsection (p) and by inserting after subsection (n) the following new subsection: ``(o) Clarification of Economic Substance Doctrine; etc.-- ``(1) General rules.-- ``(A) In general.--In any case in which a court determines that the economic substance doctrine is relevant for purposes of this title to a transaction (or series of transactions), such transaction (or series of transactions) shall have economic substance only if the requirements of this paragraph are met. ``(B) Definition of economic substance.--For purposes of subparagraph (A)-- ``(i) In general.--A transaction has economic substance only if-- ``(I) the transaction changes in a meaningful way (apart from Federal tax effects) the taxpayer's economic position, and ``(II) the taxpayer has a substantial nontax purpose for entering into such transaction and the transaction is a reasonable means of accomplishing such purpose. In applying subclause (II), a purpose of achieving a financial accounting benefit shall not be taken into account in determining whether a transaction has a substantial nontax purpose if the origin of such financial accounting benefit is a reduction of income tax. ``(ii) Special rule where taxpayer relies on profit potential.--A transaction shall not be treated as having economic substance by reason of having a potential for profit unless-- ``(I) the present value of the reasonably expected pre-tax profit from the transaction is substantial in relation to the present value of the expected net tax benefits that would be allowed if the transaction were respected, and ``(II) the reasonably expected pre- tax profit from the transaction exceeds a risk-free rate of return. ``(C) Treatment of fees and foreign taxes.--Fees and other transaction expenses and foreign taxes shall be taken into account as expenses in determining pre- tax profit under subparagraph (B)(ii). ``(2) Special rules for transactions with tax-indifferent parties.-- ``(A) Special rules for financing transactions.-- The form of a transaction which is in substance the borrowing of money or the acquisition of financial capital directly or indirectly from a tax-indifferent party shall not be respected if the present value of the deductions to be claimed with respect to the transaction is substantially in excess of the present value of the anticipated economic returns of the person lending the money or providing the financial capital. A public offering shall be treated as a borrowing, or an acquisition of financial capital, from a tax- indifferent party if it is reasonably expected that at least 50 percent of the offering will be placed with tax-indifferent parties. ``(B) Artificial income shifting and basis adjustments.--The form of a transaction with a tax- indifferent party shall not be respected if-- ``(i) it results in an allocation of income or gain to the tax-indifferent party in excess of such party's economic income or gain, or ``(ii) it results in a basis adjustment or shifting of basis on account of overstating the income or gain of the tax-indifferent party. ``(3) Definitions and special rules.--For purposes of this subsection-- ``(A) Economic substance doctrine.--The term `economic substance doctrine' means the common law doctrine under which tax benefits under subtitle A with respect to a transaction are not allowable if the transaction does not have economic substance or lacks a business purpose. ``(B) Tax-indifferent party.--The term `tax- indifferent party' means any person or entity not subject to tax imposed by subtitle A. A person shall be treated as a tax-indifferent party with respect to a transaction if the items taken into account with respect to the transaction have no substantial impact on such person's liability under subtitle A. ``(C) Exception for personal transactions of individuals.--In the case of an individual, this subsection shall apply only to transactions entered into in connection with a trade or business or an activity engaged in for the production of income. ``(D) Treatment of lessors.--In applying paragraph (1)(B)(ii) to the lessor of tangible property subject to a lease-- ``(i) the expected net tax benefits with respect to the leased property shall not include the benefits of-- ``(I) depreciation, ``(II) any tax credit, or ``(III) any other deduction as provided in guidance by the Secretary, and ``(ii) subclause (II) of paragraph (1)(B)(ii) shall be disregarded in determining whether any of such benefits are allowable. ``(4) Other common law doctrines not affected.--Except as specifically provided in this subsection, the provisions of this subsection shall not be construed as altering or supplanting any other rule of law, and the requirements of this subsection shall be construed as being in addition to any such other rule of law. ``(5) Regulations.--The Secretary shall prescribe such regulations as may be necessary or appropriate to carry out the purposes of this subsection. Such regulations may include exemptions from the application of this subsection.''. (b) Effective Date.--The amendments made by this section shall apply to transactions entered into after the date of the enactment of this Act. SEC. 4. PENALTY FOR UNDERSTATEMENTS ATTRIBUTABLE TO TRANSACTIONS LACKING ECONOMIC SUBSTANCE, ETC. (a) In General.--Subchapter A of chapter 68 is amended by inserting after section 6662A the following new section: ``SEC. 6662B. PENALTY FOR UNDERSTATEMENTS ATTRIBUTABLE TO TRANSACTIONS LACKING ECONOMIC SUBSTANCE, ETC. ``(a) Imposition of Penalty.--If a taxpayer has an noneconomic substance transaction understatement for any taxable year, there shall be added to the tax an amount equal to 40 percent of the amount of such understatement. ``(b) Reduction of Penalty for Disclosed Transactions.--Subsection (a) shall be applied by substituting `20 percent' for `40 percent' with respect to the portion of any noneconomic substance transaction understatement with respect to which the relevant facts affecting the tax treatment of the item are adequately disclosed in the return or a statement attached to the return. ``(c) Noneconomic Substance Transaction Understatement.--For purposes of this section-- ``(1) In general.--The term `noneconomic substance transaction understatement' means any amount which would be an understatement under section 6662A(b)(1) if section 6662A were applied by taking into account items attributable to noneconomic substance transactions rather than items to which section 6662A would apply without regard to this paragraph. ``(2) Noneconomic substance transaction.--The term `noneconomic substance transaction' means any transaction if-- ``(A) there is a lack of economic substance (within the meaning of section 7701(o)(1)) for the transaction giving rise to the claimed benefit or the transaction was not respected under section 7701(o)(2), or ``(B) the transaction fails to meet the requirements of any similar rule of law. ``(d) Rules Applicable to Compromise of Penalty.-- ``(1) In general.--If the 1st letter of proposed deficiency which allows the taxpayer an opportunity for administrative review in the Internal Revenue Service Office of Appeals has been sent with respect to a penalty to which this section applies, only the Commissioner of Internal Revenue may compromise all or any portion of such penalty. ``(2) Applicable rules.--The rules of paragraphs (2) and (3) of section 6707A(d) shall apply for purposes of paragraph (1). ``(e) Coordination With Other Penalties.--Except as otherwise provided in this part, the penalty imposed by this section shall be in addition to any other penalty imposed by this title. ``(f) Cross References.-- ``(1) For coordination of penalty with understatements under section 6662 and other special rules, see section 6662A(e). ``(2) For reporting of penalty imposed under this section to the Securities and Exchange Commission, see section 6707A(e).''. (b) Coordination With Other Understatements and Penalties.-- (1) The second sentence of section 6662(d)(2)(A) is amended by inserting ``and without regard to items with respect to which a penalty is imposed by section 6662B'' before the period at the end. (2) Subsection (e) of section 6662A is amended-- (A) in paragraph (1), by inserting ``and noneconomic substance transaction understatements'' after ``reportable transaction understatements'' both places it appears, (B) in paragraph (2)(A), by inserting ``and a noneconomic substance transaction understatement'' after ``reportable transaction understatement'', (C) in paragraph (2)(B), by inserting ``6662B or'' before ``6663'', (D) in paragraph (2)(C)(i), by inserting ``or section 6662B'' before the period at the end, (E) in paragraph (2)(C)(ii), by inserting ``and section 6662B'' after ``This section'', (F) in paragraph (3), by inserting ``or noneconomic substance transaction understatement'' after ``reportable transaction understatement'', and (G) by adding at the end the following new paragraph: ``(4) Noneconomic substance transaction understatement.-- For purposes of this subsection, the term `noneconomic substance transaction understatement' has the meaning given such term by section 6662B(c).''. (3) Subsection (e) of section 6707A is amended-- (A) by striking ``or'' at the end of subparagraph (B), and (B) by striking subparagraph (C) and inserting the following new subparagraphs: ``(C) is required to pay a penalty under section 6662B with respect to any noneconomic substance transaction, or ``(D) is required to pay a penalty under section 6662(h) with respect to any transaction and would (but for section 6662A(e)(2)(C)) have been subject to penalty under section 6662A at a rate prescribed under section 6662A(c) or under section 6662B,''. (c) Clerical Amendment.--The table of sections for part II of subchapter A of chapter 68 is amended by inserting after the item relating to section 6662A the following new item: ``Sec. 6662B. Penalty for understatements attributable to transactions lacking economic substance, etc.''. (d) Effective Date.--The amendments made by this section shall apply to transactions entered into after the date of the enactment of this Act.

Nonitemizer Real Property Tax Deduction Act of 2006 - Amends the Internal Revenue Code to: (1) increase the standard tax deduction for taxpayers who do not itemize tax deductions by $500 ($1,000 for joint returns) of the real property taxes paid or accrued by such taxpayers in a taxable year; (2) define economic substance for purposes of evaluating tax shelter transactions; and (3) impose a penalty for understatements of tax liability resulting from transactions lacking economic substance.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Oral Health Initiative Act of 2008''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The first-ever Surgeon General's report on oral health, released in May 2000, identified a ``silent epidemic'' of dental and oral diseases that burdens some population groups, and calls for a national partnership to provide opportunities for individuals, communities, and the health professions to work together to maintain and improve the nation's oral health. (2) The Government Accountability Office has determined that dental disease is a chronic problem among many low-income and other vulnerable populations. (3) The National Institutes of Health 2001 Consensus Development Conference on Diagnosis and Management of Dental Caries Throughout Life found that dental decay is the most common chronic childhood disease among children in the United States. (4) Research in the American Journal of Preventive Medicine determined that dental disease affects 1 in 5 children aged 2 to 4, half of those aged 6 to 8, and nearly three-fifths of 15 year olds. (5) ``Oral Health in America: A Report of the Surgeon General'' published in April 2002 found that tooth decay is 5 times more common than asthma among school age children. (6) In 2005, the Centers for Disease Control and Prevention estimated that 43 percent of black children have untreated tooth decay in permanent teeth, and that children living in poverty suffer twice as much tooth decay as middle and upper income children. (7) The American Academy of Pediatric Dentistry has reported that 80 percent of all dental problems are found in 25 percent of children, primarily those from lower-income families. (8) Researchers have determined that preventive dental interventions, including early and routine preventive care, fluoridation, and sealants are cost effective in reducing disease and associated expenditures. (9) A broad array of programs exists, totaling more than $45,000,000 annually, excluding National Institutes of Health research of $300,000,000 a year and Medicaid and SCHIP funding of $4,700,000,000 a year, within several agencies of the Department of Health and Human Services to address oral health needs, yet serious access problems remain for underserved populations. (10) The 110th Congress has recognized the importance of dental care by adding a guaranteed dental benefit to the Children's Health Insurance Program Reauthorization Act of 2007. (11) The Senate Budget Resolution for fiscal year 2009 supports funding for improved access to oral health care in the United States. SEC. 3. PURPOSE. It is the purpose of this Act to establish a multi-faceted approach to improve access and eliminate disparities in oral health care. SEC. 4. ORAL HEALTH WORKING GROUP. (a) Establishment.--Not later than 60 days after the effective date of this Act, the Secretary of Health and Human Services (referred to in this Act as the ``Secretary'') shall establish within the Office of the Secretary an Oral Health Working Group (referred to in this Act as the ``Group'') to review the effectiveness of, and recommend improvements to, existing Federal oral health programs, and develop programs to improve the oral health of, and prevent dental disease in, children, Medicaid-eligible adults, medically-compromised adults, and other vulnerable populations who are among those Americans at highest risk of dental disease. (b) Composition.--The Group shall be composed of a representative from each of the following: (1) The Agency for Healthcare Research and Quality. (2) The Bureau of Primary Health Care. (3) The Bureau of Health Professions. (4) The Centers for Disease Control and Prevention. (5) The Centers for Medicare & Medicaid Services. (6) The HIV-AIDS Bureau. (7) The Indian Health Service. (8) The Maternal and Child Health Bureau. (9) The National Institute of Dental and Craniofacial Research. (10) The Office of Minority Health and Health Disparities. (11) The Office of Disability. (12) The Office of Head Start. (13) Any other offices or divisions as determined appropriate by the Secretary. (c) Duties.--The group shall-- (1) review existing oral health programs and policies within the Department of Health and Human Services, including-- (A) oral health provider training programs; (B) the availability of access to oral health care under such programs (such as community health center access); (C) oral health disease tracking trends; and (D) oral health research programs; (2) identify duplicative or overlapping oral health programs; (3) identify opportunities for new oral health programs; (4) make recommendations for the improved coordination of oral health programs; (5) make recommendations on spending for oral health care programs in each of the agencies of the Department of Health and Human Services; (6) evaluate the adequacy of Federal support for State oral health programs; (7) make recommendations for improvements to the financing of oral health care; (8) make recommendations for monitoring and evaluating the quality of dental care financed with Federal funds; (9) identify efforts to cost-effectively prevent and manage dental disease in low-income and high-risk populations; and (10) carry out any other activities determined appropriate by the Secretary. (d) Advisory Panel.-- (1) Establishment.--The Secretary shall establish an advisory panel to provide advice and recommendations to the Group in carrying out subsection (d). (2) Composition.--The advisory panel shall be composed of an appropriate number of individuals to be appointed by the Secretary, and shall include-- (A) a dentist; (B) a pediatric dentist; (C) a dental educator; (D) a State Medicaid or State Children's Health Insurance Program dental director; (E) a dentist who serves as a State dental director; (F) a dentist who practices in a federally qualified health center; (G) an allied dental practitioner; (H) a dental insurer; and (I) any other entity determined appropriate by the Secretary. (3) Requirements.--In making appointments to the advisory panel under paragraph (2), the Secretary shall ensure-- (A) a broad geographic representation of members and a balance between urban and rural members; (B) that members are appointed based on their competence, interest, and knowledge of the mission of dentistry; and (C) an adequate representation of minorities. (4) Terms.--A member of the advisory panel shall be appointed for a term of 2 years. (5) Vacancies.--A vacancy on the advisory panel shall be filled in the manner in which the original appointment was made and shall be subject to any conditions which applied with respect to the original appointment. An individual appointed to fill a vacancy shall be appointed for the unexpired term of the member being replaced. (6) Meetings.--The advisory panel shall meet not less than 2 times each year. Such meetings shall be held jointly with other meetings related to the oral health initiative under this Act when appropriate. (7) Compensation.--Each member of the advisory panel shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which such member is engaged in the performance of the duties of the panel. (8) Expenses.--Members of the advisory panel 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 panel. (9) PACA.--The Federal Advisory Committee Act shall apply to the advisory panel under this subsection only to the extent that the provisions of such Act do not conflict with the requirements of this subsection. (e) Reports.--Not later than December 31, 2010, and each December 31 thereafter, the Group shall submit to the Secretary and the appropriate committees of Congress, a report concerning the findings and recommendations of the Group under subsection (c). (f) Authorization of Appropriations.--There is authorized to be appropriated, such sums as may be necessary in each fiscal year to carry out this Act. SEC. 5. EFFECTIVE DATE. This Act shall take effect on February 1, 2009.

Oral Health Initiative Act of 2008 - Requires the Secretary of Health and Human Services to establish an Oral Health Working Group to: (1) review the effectiveness of, and recommend improvements to, existing federal oral health programs; and (2) develop programs to improve the oral health of, and prevent dental disease in, children, Medicaid-eligible adults, medically-compromised adults, and other vulnerable populations at the highest risk of dental disease. Sets forth duties for the Group, including to: (1) review existing oral health programs and policies within the Department of Health and Human Services (HHS); (2) identify opportunities for new programs; and (3) make recommendations for improvements to the financing of oral health care. Requires the Secretary to establish an advisory panel to provide advise and recommendations to the Group.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Community Building Code Administration Grant Act of 2008''. SEC. 2. GRANT PROGRAM AUTHORIZED. (a) Grant Authorization.--The Secretary of Housing and Urban Development shall provide grants to local building code enforcement departments. (b) Competitive Awards.--The Secretary shall award grants under subsection (a) on a competitive basis pursuant to the criteria set forth in section 6, but also taking into consideration the following: (1) The financial need of each building code enforcement department. (2) The benefit to the local jurisdiction of having an adequately funded building code enforcement department. (3) The demonstrated ability of each building code enforcement department to work cooperatively with other local code enforcement offices, health departments, and local prosecutorial agencies. (c) Maximum Amount.--The maximum amount of any grant awarded under this section shall not exceed $1,000,000. SEC. 3. REQUIRED ELEMENTS IN GRANT PROPOSALS. In order to be eligible for a grant under section 2, a local building code enforcement department shall submit to the Secretary the following: (1) A demonstration of the jurisdiction's needs in executing building code enforcement administration. (2) A plan for the use of any funds received under this Act that addresses the needs discussed in paragraph (1) and that is consistent with the authorized uses established in section 4. (3) A plan for local governmental actions to be taken to establish and sustain local building code enforcement administration functions, without continuing Federal support, at a level at least equivalent to that proposed in the grant application. (4) A plan to create and maintain a program of public outreach that includes a regularly updated and readily accessible means of public communication, interaction, and reporting regarding the services and work of the local building code enforcement department to be supported by the grant. (5) A plan for ensuring the timely and effective administrative enforcement of building safety and fire prevention violations. SEC. 4. USE OF FUNDS; MATCHING FUNDS. (a) Authorized Uses.--Grants awarded under section 2 may be used by the grant recipient to supplement existing State or local funding for building code enforcement administration. Such funds may be used to increase staffing, provide staff training, increase staff competence and professional qualifications, support individual certification or departmental accreditation, or for capital expenditures specifically dedicated to the administration of the local building code enforcement department. (b) Additional Requirement.--Each local building code enforcement department receiving a grant under section 2 shall empanel a code administration and enforcement team consisting of at least 1 full-time building code enforcement officer, a city planner, and a health planner or similar officer. (c) Matching Funds Required.-- (1) In general.--To be eligible to receive a grant under this Act, a local building code enforcement department serving an area with a population of-- (A) over 50,000 shall provide matching, non-Federal funds in an amount equal to not less than 50 percent of the total amount of any grant to be awarded under this Act; (B) between 20,001 and 50,000 shall provide matching, non-Federal funds in an amount equal to not less than 25 percent of the total amount of any grant to be awarded under this Act; or (C) under 20,000 shall provide matching, non- Federal funds in an amount equal to not less than 12.5 percent of the total amount of any grant to be awarded under this Act. (2) Economic distress.-- (A) In general.--The Secretary may waive the matching fund requirements under paragraph (1), and institute, by regulation, new matching fund requirements based upon the level of economic distress of the local jurisdiction in which the local building code enforcement department seeking such grant is located. (B) Content of regulations.--Any regulations instituted under subparagraph (A) shall include-- (i) a method that allows for a comparison of the degree of economic distress among the local jurisdiction's of grant applicants, as measured by the differences in the extent of growth lag, the extent of poverty, and the adjusted age of housing in such jurisdiction; and (ii) any other factor determined to be relevant by the Secretary in assessing the comparative degree of economic distress among such local jurisdictions. (d) In-Kind Contributions.--In determining the non-Federal share required to be provided under subsection (c), the Secretary shall consider in-kind contributions, not to exceed 50 percent of the amount that the department contributes in non-Federal funds. (e) Waiver of Matching Requirement.--The Secretary shall waive the matching fund requirements under subsection (c) for any recipient jurisdiction that has legislatively dedicated all building code permitting fees to the conduct of local building code enforcement. SEC. 5. RATING AND RANKING OF APPLICATIONS. Eligible applications will be rated and ranked according to the criteria described in section 6. All complete applications will be compared to one another and points assigned on a continuum within each criteria with the maximum points awarded to the application that best meets the criteria. SEC. 6. CRITERIA. (a) Need and Community Benefit From Code Enforcement Grant Funds.-- The degree to which the application demonstrates the intent and means to ensure cooperative and effective working relationships between local building code enforcement officials and other local agencies, as well as a community-oriented approach to building code enforcement. ---------------------------------------------------------------------------------------------------------------- Description Maximum Points ---------------------------------------------------------------------------------------------------------------- A detailed description of the capital expenditures to be acquired with 0-10 grant funds and a demonstration that the items' costs are reasonable. The jurisdiction's need for the capital expenditure and how the grant 0-10 funds will fulfill this need. The joint benefits provided by the proposed expenditure for the 0-5 following groups or activities. Provide a brief explanation of the benefit. (1 point will be awarded for each response, 5 points maximum). 1. Code enforcement program. 2. Community or jurisdiction. 3. Interdisciplinary code enforcement team. 4. Housing preservation, rehabilitation programs, or neighborhood improvement programs. 5. Special needs groups (disabled, elderly or low or very-low income, etc.). Does the proposed capital expenditure provide a cost savings benefit to 0-5 the jurisdiction? Provide a brief explanation of the cost savings. ---------------------------------------------------------------------------------------------------------------- (b) Current Code Enforcement and Housing Conservation Plan.--Has the local legislative body in which the applicant resides adopted a ``plan'' which addresses residential structure conservation and building code enforcement? From the following list, select 1 description that best reflects such jurisdiction's ``plan'' for building code enforcement activities. Points will be awarded as follows: ---------------------------------------------------------------------------------------------------------------- Description Maximum Points ---------------------------------------------------------------------------------------------------------------- The plan provides for proactive code enforcement (not just responding to 10 complaints), an interdisciplinary approach, and includes funding options for repairs and rehabilitation. The plan only provides for proactive code enforcement (not just 8 responding to complaints) and calls for an interdisciplinary approach and does not address funding options for repairs and rehabilitation. The plan provides for some type of proactive code enforcement (other 6 than just responding to complaints) but doesn't address coordinated interdisciplinary activities with other local public agencies or funding options. The plan provides for only reactive code enforcement. 4 The plan only refers to a need to preserve and/or improve existing 2 housing stock, without any code enforcement program. No existing plan. 0 ---------------------------------------------------------------------------------------------------------------- (c) Community-Oriented or Interdisciplinary Code Enforcement.--The degree to which the application demonstrates the intent and means to ensure cooperative and effective working relationships between building code enforcement officials and other local agencies, as well as a community-oriented approach to code enforcement. ---------------------------------------------------------------------------------------------------------------- Description Maximum Points ---------------------------------------------------------------------------------------------------------------- Identify current or proposed interdisciplinary code enforcement programs 0-10 or activities and the team members (example: code enforcement, police, local prosecutors, health department, building and planning, fire, etc.). Provide a description of the team's code enforcement and coordination procedures, activities and services provided. If the current programs or resources are limited in scope, explain how receipt of the grant will be used to improve the program. Identify current or proposed community-oriented code enforcement 0-10 programs, activities or services. (Examples: community clean-ups, Neighborhood Watch programs, community meetings, door-to-door code enforcement knock and talks, etc.). If the current programs or resources are limited in scope, explain how receipt of the grant will be used to improve the program. ---------------------------------------------------------------------------------------------------------------- (d) Proactive Code Enforcement Activities.--The effectiveness of the proposed or existing proactive activities and programs operated by any existing building code enforcement program. Describe such activities or programs, include any of the following: ---------------------------------------------------------------------------------------------------------------- Description Maximum Points ---------------------------------------------------------------------------------------------------------------- Encourages repairs and preservation, rather than demolition or 0-5 abandonment, of substandard residences. Abatement of (a) lead hazards and lead-based paints, (b) toxic molds and 0-5 dampness, and (c) displacement or relocation of residents. Community clean-up campaigns. This may include recycling dates, free or 0-5 reduced disposal rates at dumpsite, public clean-up days that encourage removal of unwanted or excess debris by making available extra trash pick-ups, dumpsites or trash/recycling containers on specific dates to dispose of household debris, inoperable vehicles, tires, toxic materials, etc. Resource or referral programs for Federal, State, local, and private 0-5 funds and other resources available in your jurisdiction that can assist with housing rehabilitation and repairs to rectify code violations. Public education programs on housing issues. These could include 0-5 community housing meetings dealing with homeownership, tenant/landlord issues, housing code enforcement, school age children's programs with coloring books or handouts, housing safety pamphlets, etc. Programs that encourage community involvement with groups; such as 0-5. schools, church non-profits, community service groups, utility companies, local stores, housing agency banks, etc. ---------------------------------------------------------------------------------------------------------------- (e) Capacity To Financially and Technically Support Proposed Capital Expenditures.--The degree to which the application demonstrates the jurisdiction's financial and technical capacity to properly use and successfully support the proposed capital expenditure during the term of the grant. ---------------------------------------------------------------------------------------------------------------- Description Maximum Points ---------------------------------------------------------------------------------------------------------------- The anticipated ongoing program funding for the duration of the grant 0-5 program is adequate to financially support the use of the grant- financed equipment. Include details of funding and technical support sources for the capital expenditure (examples: insurance, paper, maintenance, training, supplies, personnel, monthly billing costs, etc.). The jurisdiction has the technical capabilities to use and support 0-5 equipment (examples: adequately trained staff or resources to provide training to operate technical equipment, local service provider for cell phones or 2-way radios, trained personnel to operate equipment, etc.). ---------------------------------------------------------------------------------------------------------------- SEC. 7. EVALUATION AND REPORT. (a) In General.--Grant recipients shall-- (1) be obligated to fully account and report for the use of all grants funds; and (2) provide a report to the Secretary on the effectiveness of the program undertaken by the grantee and any other criteria requested by the Secretary for the purpose of indicating the effectiveness of, and ideas for, refinement of the grant program. (b) Report.--The report required under subsection (a)(2) shall include a discussion of-- (1) the specific capabilities and functions in local building code enforcement administration that were addressed using funds received under this Act; (2) the lessons learned in carrying out the plans supported by the grant; and (3) the manner in which the programs supported by the grant are to be maintained by the grantee. (c) Content of Reports.--The Secretary shall-- (1) require each recipient of a grant under ths Act to file interim and final reports under subsection (b) to ensure that grant funds are being used as intended and to measure the effectiveness and benefits of the grant program; and (2) develop and maintain a means whereby the public can access such reports, at no cost, via the Internet. SEC. 8. DEFINITIONS. For purposes of this Act, the following definitions shall apply: (1) Building code enforcement department.--The term ``building code enforcement department'' means the building code inspection or enforcement agency of a local jurisdiction. (2) Jurisdiction.--The term ``jurisdiction'' means a city, county, parish, city and county authority, or city and parish authority having local authority to enforce building codes and regulations and collect fees for building permits. (3) Secretary.--The term ``Secretary'' means the Secretary of Housing and Urban Development. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated $20,000,000 for each of fiscal years 2009 through 2013 to the Secretary of Housing and Urban Development to carry out the provisions of this Act. (b) Reservation.--From the amount made available under subsection (a), the Secretary may reserve not more than 5 percent for administrative costs. (c) Availability.--Any funds appropriated pursuant to subsection (a) shall remain available until expended. Passed the House of Representatives July 9, 2008. Attest: LORRAINE C. MILLER, Clerk.

Community Building Code Administration Grant Act of 2008 - Requires the Secretary of Housing and Urban Development to award $1 million grants, on a competitive basis and with federal matching funds, to qualified local building code enforcement departments to increase staffing, provide staff training, increase staff competence and professional qualifications, support individual certification or departmental accreditation, or for capital expenditures specifically dedicated to department administration. Allows the Secretary to waive specified non-federal matching fund requirements and to institute new ones, by regulation, based upon the level of economic distress of the local jurisdiction in which the local building code enforcement department seeking such grant is located. Sets forth criteria for rating and ranking of grant proposals. Authorizes appropriations for FY2009-FY2013.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Lower East Side Tenement National Historic Site Act of 1997''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) immigration, and the resulting diversity of cultural influences, is a key factor in defining American identity; the majority of United States citizens trace their ancestry to persons born in nations other than the United States; (2) the latter part of the 19th century and the early part of the 20th century marked a period in which the volume of immigrants coming to the United States far exceeded that of any time prior to or since that period; (3) no single identifiable neighborhood in the United States absorbed a comparable number of immigrants than the Lower East Side neighborhood of Manhattan in New York City; (4) the Lower East Side Tenement at 97 Orchard Street in New York City is an outstanding survivor of the vast number of humble buildings that housed immigrants to New York City during the greatest wave of immigration in American history; (5) the Lower East Side Tenement is owned and operated as a museum by the Lower East Side Tenement Museum; (6) the Lower East Side Tenement Museum is dedicated to interpreting immigrant life within a neighborhood long associated with the immigrant experience in the United States, New York's Lower East Side, and its importance to United States history; and (7) the National Park Service found the Lower East Side Tenement at 97 Orchard Street to be nationally significant; the Secretary of the Interior declared it a National Historic Landmark on April 19, 1994, and the National Park Service through a special resource study found the Lower East Side Tenement suitable and feasible for inclusion in the National Park System. (b) Purposes.--The purposes of this Act are-- (1) to ensure the preservation, maintenance, and interpretation of this site and to interpret at the site the themes of immigration, tenement life in the later half of the 19th century and the first half of the 20th century, the housing reform movement, and tenement architecture in the United States; (2) to ensure continued interpretation of the nationally significant immigrant phenomenon associated with New York City's Lower East Side and its role in the history of immigration to the United States; and (3) to enhance the interpretation of the Castle Clinton, Ellis Island, and Statue of Liberty National Monuments. SEC. 3. DEFINITIONS. As used in this Act: (1) Historic site.--The term ``historic site'' means the Lower East Side Tenement at 97 Orchard Street on Manhattan Island in New York City, New York, and designated as a national historic site by section 4. (2) Museum.--The term ``Museum'' means the Lower East Side Tenement Museum, a nonprofit organization established in New York City, which owns and operates the tenement building at 97 Orchard Street and manages other properties in the vicinity of 97 Orchard Street as administrative and program support facilities for 97 Orchard Street. (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 4. ESTABLISHMENT OF HISTORIC SITE. (a) Designation.--To further the purposes of this Act and the Act entitled ``An Act to provide for the preservation of historic American sites, buildings, objects, and antiquities of national significance, and for other purposes'', approved August 21, 1935 (16 U.S.C. 461 et seq.), the Lower East Side Tenement at 97 Orchard Street, in the City of New York, State of New York, is designated a national historic site. (b) Status as Affiliated Site.--The Lower East Side Tenement National Historic Site shall be an affiliated site of the National Park System. The Secretary shall coordinate the operation and interpretation of the historic site with that of the Lower East Side Tenement Historic Site and the Statue of Liberty, Ellis Island, and Castle Clinton National Monument, as the historic site's story and interpretation of the immigrant experience in the United States is directly related to the themes and purposes of these national Monuments. (c) Ownership and Operation.--The Lower East Side Tenement National Historic Site shall continue to be owned, operated, and managed by the Lower East Side Tenement Museum, a nonprofit institution. SEC. 5. MANAGEMENT OF THE SITE. (a) Cooperative Agreement.--The Secretary is authorized to enter into a cooperative agreement with the Lower East Side Tenement Museum to ensure the marking, interpretation, and preservation of the national historic site designated by this Act. (b) Assistance.--The Secretary is authorized to provide technical and financial assistance to the Lower East Side Tenement Museum to mark, interpret, and preserve the national historic site including the making of preservation-related capital improvements and repairs. (c) Management Plan.--The Secretary shall, working with the Lower East Side Tenement Museum, develop a general management plan for the historic site to define the National Park Service's roles and responsibilities with regard to the interpretation and the preservation of the national historic site. The plan shall also outline how interpretation and programming for the Lower East Side Tenement National Historic Site and the Statue of Liberty, Ellis Island, and Castle Clinton national monuments will be integrated and coordinated so as to enhance the stories at each of the 4 sites. Such plan shall be completed within 2 years after the enactment of this Act. (d) Savings Clause.--Nothing in this Act authorizes the Secretary to acquire the property at 97 Orchard Street or to assume overall financial responsibility for the operation, maintenance, or management of the Lower East Side Tenement National Historic Site. SEC. 6. APPROPRIATIONS. There are authorized to be appropriated such sums as are necessary to carry out this Act.

Lower East Side Tenement National Historic Site Act of 1997 - Designates the Lower East Side Tenement at 97 Orchard Street, New York, New York, as a national historic site and an affiliated site of the National Park System. Requires the Secretary of the Interior to coordinate the operation and interpretation of the Site with that of the Lower East Side Tenement Historic Site, the Statue of Liberty, Ellis Island, and Castle Clinton National Monument. Provides that the Lower East Side Tenement Museum shall continue to own, operate, and manage the Site. Authorizes the Secretary to enter into a cooperative agreement with the Museum to ensure the marking, interpretation, and preservation of the Site. Requires the Secretary, working with the Museum, to develop a general management plan for the Site to: (1) define the National Park Service's roles and responsibilities with regard to the interpretation and the preservation of the Site; and (2) outline how interpretation and programming for the Lower East Side Tenement Historic Site, the Statue of Liberty, Ellis Island, and Castle Clinton National Monuments will be integrated and coordinated so as to enhance the stories at each of the four Sites. Authorizes appropriations.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans Health Care Quality Assurance Act of 1999''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The Department of Veterans Affairs administers the largest health care network in the United States, including 172 hospitals, 73 home care programs, more than 800 community-based outpatient clinics, and numerous other specialized care facilities. (2) There are approximately 25,000,000 veterans in the United States, including approximately 19,300,000 veterans of a period of war. (3) The number of veterans seeking medical care in Department medical facilities is increasing nationwide. (4) The fiscal year 1997 medical care caseload of the Department was 2,700,000. The fiscal year 1999 medical care caseload of the Department was projected to increase by 160,000 cases over the fiscal year 1998 caseload, and is projected to increase by an additional 54,000 cases in fiscal year 2000, resulting in a total caseload of 3,600,000 in fiscal year 2000. (5) The number of outpatient visits at Department medical facilities in fiscal year 2000 is projected to increase by 2,500,000 over the number of such visits in fiscal year 1999, to a total of 38,300,000 visits in fiscal year 2000. (6) The average age of veterans is increasing. The increase in the average age of veterans is expected to result in additional demands for health care services, including more frequent and long-term health needs. (7) The Department is attempting to meet increasing demand for medical care without substantial increases in appropriations, mainly through efforts to increase efficiency. (8) The need to treat more veterans without substantial increases in available resources has resulted in serious concerns about the potential for loss of quality of care and of patient satisfaction. (9) Many of the regional networks and hospitals administered by the Veterans Health Administration report that timely access to high quality health care may be jeopardized by inadequate funding. SEC. 3. SENSE OF CONGRESS ON MAXIMIZATION AND EFFICIENT USE OF HEALTH CARE RESOURCES BY THE DEPARTMENT OF VETERANS AFFAIRS. It is the sense of Congress that the Secretary of Veterans Affairs should-- (1) require the directors of the Department of Veterans Affairs health care networks to systematically share information on means of maximizing resources and increasing efficiency without compromising quality of care and patient satisfaction; (2) require exchange and mentoring programs among and between such networks in order to facilitate the sharing of such information; (3) provide incentives to such networks to increase efficiency and meet uniform quality and patient satisfaction goals; and (4) institute a formal oversight process to ensure that-- (A) all such networks meet uniform efficiency goals; and (B) efforts to increase efficiency are equitable between and among such networks and their facilities. SEC. 4. QUALITY ASSURANCE AUDITS BY INSPECTOR GENERAL OF THE DEPARTMENT OF VETERANS AFFAIRS. Section 312 of title 38, United States Code, is amended by adding at the end the following: ``(c)(1) In addition to the other responsibilities of the Inspector General under this section, the Inspector General shall also conduct an audit of the quality of health care furnished by each health care network, and by each health care facility, of the Department. ``(2) Each audit under paragraph (1) shall measure the following: ``(A) The quality of health care furnished by the Department. ``(B) The satisfaction of patients with the health care furnished by the Department. ``(C) Resource and financial management. ``(D) The extent to which the funds allocated to health care programs of the Department are adequate to support such programs. ``(3) An audit shall be conducted under paragraph (1) for each health care network, and for each health care facility, not less often than once every three years. ``(4) The Inspector General may make such recommendations to the Secretary regarding means of improving the quality of health care furnished to veterans as the Inspector General considers appropriate as a result of the audits under this subsection.''. SEC. 5. INFORMATION ON EFFICIENCY, QUALITY, AND PATIENT SATISFACTION IN PROVISION OF HEALTH CARE BY THE DEPARTMENT OF VETERANS AFFAIRS. (a) Dissemination and Sharing of Information on Efficient Provision of Health Care.--(1) The Secretary of Veterans Affairs, acting through the Under Secretary for Health of the Department of Veterans Affairs, shall provide for the dissemination and sharing within and among Department of Veterans Affairs health care networks of information designed to ensure that all Department medical care centers meet uniform efficiency standards in the provision of health care to veterans. (2) The Secretary shall meet the requirement in paragraph (1) through the publication of guidance materials and best practice summaries and by such other means as the Secretary considers appropriate. (b) Efficiency Goals and Quality and Patient Satisfaction Standards.--(1) The Secretary, acting through the Under Secretary for Health, shall issue on an annual basis efficiency goals and quality and patient satisfaction standards in the provision of health care to veterans for each Department health care facility. The efficiency goals and quality and patient satisfaction standards for each such facility shall be consistent with such goals and standards as the Secretary shall establish for the Department as a whole. (2)(A) The Secretary shall, on an annual basis, submit to Congress a report on the extent to which each Department health care facility met the efficiency goals and quality and patient satisfaction standards for such facility under paragraph (1) during the preceding year. (B) Each report under subparagraph (A) shall set forth a comparison between the performance of each Department health care facility with respect to the efficiency goals and quality and satisfaction standards for such facility for the year involved and the average performance of all Department health care facilities with respect to such goals and standards for such year. The comparison shall be stated in a manner which permits a clear and understandable comparison of the performance of each facility with the average performance of all such facilities. SEC. 6. OFFICE OF HEALTH CARE QUALITY ASSURANCE. (a) Establishment.--(1) Subchapter II of chapter 73 of title 38, United States Code, is amended by adding at the end the following: ``Sec. 7322. Office of Health Care Quality Assurance ``(a) In General.--There shall be within the Department an office to be known as the `Office of Health Care Quality Assurance' (in this section referred to as the `Office'). The Office shall be located for administrative purposes within the Office of the Under Secretary for Health. ``(b) Director.--The head of the Office is the Director of Health Care Quality Assurance. ``(c) Staff and Support.--The Under Secretary for Health shall provide the Office with such staff and other support as may be necessary for the Office to carry out effectively its functions under this section. ``(d) Functions.--The functions of the Office are as follows: ``(1) To ensure the implementation of any recommendations of the Inspector General of the Department as a result of audits conducted by the Inspector General under section 312(c) of this title. ``(2) To collect and ensure the dissemination of information on initiatives, programs, policies, procedures, strategies, and best practices that have been proven to increase efficiency and resource utilization without undermining quality or patient satisfaction in the furnishing of health care to veterans. ``(3) To take such other actions relating to the assurance of quality in the furnishing of health care by the Veterans Health Administration as the Under Secretary for Health considers appropriate.''. (2) The table of sections at the beginning of chapter 73 of such title is amended by inserting after the item relating to section 7321 the following new item: ``7322. Office of Health Care Quality Assurance.''. (b) Placement in Office of Under Secretary for Health.--Section 7306(a) of title 38, United States Code, is amended-- (1) by redesignating paragraph (9) as paragraph (10); and (2) by inserting after paragraph (8) the following new paragraph (9): ``(9) The Director of Health Care Quality Assurance, who shall be responsible to the Under Secretary for Health for the operation of the Office of Health Care Quality Assurance.''. (c) Sense of Congress on Director as Advocate for Veterans.--It is the sense of Congress that the Director of the Office of Health Care Quality Assurance should act as an advocate for veterans in carrying out activities under section 7322 of title 38, United States Code, as added by subsection (a). SEC. 7. REPORT ON EFFICIENCIES IN PROVISION OF HEALTH CARE BY THE DEPARTMENT OF VETERANS AFFAIRS. (a) Requirement.--Not later than six months after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to Congress a report on efficiencies in the furnishing of health care to veterans in the health care networks and facilities of the Department of Veterans Affairs. (b) Elements.--The report shall include the following: (1) A survey of each health care network of the Department, including a summary of the efforts of each network to increase efficiency in the furnishing of health care to veterans. (2) An assessment of the extent to which such networks, and the facilities within such networks, are or are not implementing uniform, Department-wide policies to increase efficiency in the furnishing of health care to veterans.

Requires the Department's Inspector General, at least every three years, to audit the quality of health care furnished by each Department health care network and facility. Directs the Secretary to provide for the dissemination and sharing with Department health care networks of information designed to ensure efficiency in the provision of health care to veterans. Requires the Secretary to: (1) annually issue efficiency goals and quality and patient satisfaction standards for each Department health care facility; and (2) report annually to Congress on the extent to which the Department met such goals and standards. Establishes within the Department the Office of Health Care Quality Assurance, headed by a Director, to ensure the establishment and implementation of efficiency goals and quality and patient satisfaction standards throughout the Department. Expresses the sense of Congress that such Director should act as an advocate for veterans in receiving quality health care. Requires a report from the Secretary to Congress on efficiencies in the furnishing of health care to veterans in Department health care networks and facilities.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Securing America's Veterans Insurance Needs and Goals Act of 2010'' or the ``SAVINGS Act of 2010''. SEC. 2. FINANCIAL COUNSELING AND DISCLOSURE INFORMATION FOR SERVICEMEMBERS' GROUP LIFE INSURANCE BENEFICIARIES. (a) Financial Counseling and Disclosure Information.-- (1) In general.--Section 1966 of title 38, United States Code, is amended by adding at the end the following new subsection: ``(e)(1) In order to be an eligible life insurance company under this section, a life insurance company shall-- ``(A) make available, both orally and in writing, financial counseling to a beneficiary or other person otherwise entitled to payment upon the establishment of a valid claim under section 1970(a) of this title; and ``(B) at the time that such beneficiary or other person entitled to payment establishes a valid claim under section 1970(a) of this title, provide to such beneficiary or other person the disclosures described in paragraph (2). ``(2) The disclosures provided pursuant to paragraph (1)(B) shall-- ``(A) be provided both orally and in writing; and ``(B) include information with respect to the payment of the claim, including-- ``(i) an explanation of the methods available to receive such payment, including-- ``(I) receipt of a lump-sum payment; ``(II) allowing the insurance company to maintain the lump-sum payment; ``(III) receipt of thirty-six equal monthly installments; and ``(IV) any alternative methods; ``(ii) an explanation that any such payment that is maintained by the life insurance company or paid in thirty-six equal monthly installments by the company is not insured by the Federal Deposit Insurance Corporation; ``(iii) an explanation of the interest rate earned on any such payment that is maintained by the life insurance company or paid in thirty-six equal monthly installments by the company and how such rate compares to the interest rate earned by accounts at financial institutions, including demand accounts; and ``(iv) other relevant information. ``(3) In order to be an eligible life insurance company under this section, a life insurance company may not charge any fees to a beneficiary or other person otherwise entitled to payment upon the establishment of a valid claim under section 1970(a) of this title for any purpose, including for maintaining such payment with the company. ``(4) The Secretary shall include in each annual performance and accountability report submitted by the Secretary to Congress information concerning-- ``(A) the number of individuals who received financial counseling under paragraph (1)(A); ``(B) the number of individuals who received the disclosures under paragraph (1)(B); ``(C) the type of information received by such individuals during such counseling; and ``(D) any recommendations, complaints, or other information with respect to such counseling that the Secretary considers relevant.''. (2) Regulations.--The Secretary of Veterans Affairs shall prescribe regulations to carry out section 1966(e) of title 38, United States Code, as added by paragraph (1). (b) Office of Survivors Assistance.-- (1) Advisory role.--Subsection (b) of section 321 of such title is amended-- (A) by striking ``The Office'' and inserting ``(1) The Office''; and (B) by adding at the end the following: ``(2) The Director of the Office shall attend each meeting of the Advisory Council on Servicemembers' Group Life Insurance under section 1974 of this title.''. (2) Resources.--Subsection (d) of such section is amended-- (A) by striking ``The Secretary'' and inserting ``(1) The Secretary''; and (B) by adding at the end the following: ``(2) In carrying out paragraph (1), the Secretary shall ensure that the Office has the personnel necessary to serve as a resource to provide individuals described in paragraph (1) and (2) of subsection (a) with information on how to receive the Servicemembers' Group Life Insurance financial counseling pursuant to section 1966(e)(1) of this title.''. Passed the House of Representatives September 29, 2010. Attest: LORRAINE C. MILLER, Clerk.

Securing America's Veterans Insurance Needs and Goals Act of 2010 or SAVINGS Act of 2010 - Requires a life insurance company, in order to provide life insurance for veterans under the Servicemembers' Group Life Insurance program, to: (1) provide financial counseling to the beneficiary or other person entitled to payment upon the establishment of a valid claim; and (2) include full disclosure with respect to such payment, including specified information with respect to interest payable and the various methods of receiving payment(s). Prohibits a company from charging fees to a payee for maintaining such payment with the company. Directs the Secretary of Veterans Affairs (VA) to include in each annual performance and accountability report submitted to Congress information concerning individuals receiving the counseling and disclosures required under this Act. Requires: (1) the Director of the VA's Office of Survivor Assistance to attend each meeting of the Advisory Council on Servicemembers' Group Life Insurance; and (2) the Secretary to ensure that such Office has the necessary personnel to provide information on the receipt of such counseling.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Women Veterans Health Care Improvement Act''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--STUDIES AND ASSESSMENTS OF DEPARTMENT OF VETERANS AFFAIRS HEALTH SERVICES FOR WOMEN VETERANS Sec. 101. Study of barriers for women veterans to health care from the Department of Veterans Affairs. Sec. 102. Comprehensive assessment of women's health care programs of the Department of Veterans Affairs. TITLE II--IMPROVEMENT AND EXPANSION OF HEALTH CARE PROGRAMS OF THE DEPARTMENT OF VETERANS AFFAIRS FOR WOMEN VETERANS Sec. 201. Medical care for newborn children of women veterans receiving maternity care. Sec. 202. Training and certification for mental health care providers of the Department of Veterans Affairs on care for veterans suffering from sexual trauma and post-traumatic stress disorder. Sec. 203. Pilot program for provision of child care assistance to certain veterans receiving certain types of health care services at Department facilities. Sec. 204. Addition of recently separated women and minority veterans to serve on advisory committees. TITLE I--STUDIES AND ASSESSMENTS OF DEPARTMENT OF VETERANS AFFAIRS HEALTH SERVICES FOR WOMEN VETERANS SEC. 101. STUDY OF BARRIERS FOR WOMEN VETERANS TO HEALTH CARE FROM THE DEPARTMENT OF VETERANS AFFAIRS. (a) Study Required.--The Secretary of Veterans Affairs shall conduct a comprehensive study of the barriers to the provision of comprehensive health care by the Department of Veterans Affairs encountered by women who are veterans. In conducting the study, the Secretary shall-- (1) survey women veterans who seek or receive hospital care or medical services provided by the Department of Veterans Affairs as well as women veterans who do not seek or receive such care or services; (2) build on the work of the study of the Department of Veterans Affairs entitled ``National Survey of Women Veterans in Fiscal Year 2007-2008''; (3) administer the survey to a representative sample of women veterans from each Veterans Integrated Service Network; and (4) ensure that the sample of women veterans surveyed is of sufficient size for the study results to be statistically significant and is a larger sample than that of the study of the Department of Veterans Affairs entitled ``National Survey of Women Veterans in Fiscal Year 2007-2008''. (b) Elements of Study.--In conducting the study required by subsection (a), the Secretary of Veterans Affairs shall conduct research on the effects of the following on the women veterans surveyed in the study: (1) The perceived stigma associated with seeking mental health care services. (2) The effect of driving distance or availability of other forms of transportation to the nearest medical facility on access to care. (3) The availability of child care. (4) The acceptability of integrated primary care, women's health clinics, or both. (5) The comprehension of eligibility requirements for, and the scope of services available under, hospital care and medical services. (6) The perception of the personal safety and comfort of women veterans in inpatient, outpatient, and behavioral health facilities of the Department. (7) The gender sensitivity of health care providers and staff to issues that particularly affect women. (8) The effectiveness of outreach for health care services available to women veterans. (9) The location and operating hours of health care facilities that provide services to women veterans. (10) Such other significant barriers as the Secretary of Veterans Affairs may identify. (c) Authority To Enter Into Contracts.--The Secretary of Veterans Affairs shall enter into a contract with a qualified independent entity or organization to carry out the studies and research required under this section. (d) Mandatory Review of Data by Certain Divisions Within the Department.-- (1) In general.--The Secretary of Veterans Affairs shall ensure that the head of each division of the Department of Veterans Affairs specified in paragraph (2) reviews the results of the study conducted under this section. The head of each such division shall submit findings with respect to the study to the Under Secretary for Health and to other pertinent program offices within the Department of Veterans Affairs with duties relating to health care services for women veterans. (2) Specified divisions of the department.--The divisions of the Department of Veterans Affairs specified in this paragraph are-- (A) the Center for Women Veterans, established under section 318 of title 38, United States Code; and (B) the Advisory Committee on Women Veterans, established under section 542 of title 38, United States Code. (e) Reports.-- (1) Report on implementation.--Not later than 6 months after the date on which the Department of Veterans Affairs publishes a final report on the study entitled ``National Survey of Women Veterans in Fiscal Year 2007-2008'', the Secretary of Veterans Affairs shall submit to Congress a report on the status of the implementation of the section. (2) Report on study.--Not later than 30 months after the date on which the Department publishes such final report, the Secretary of Veterans Affairs shall submit to Congress a report on the study required under this section. The report shall include recommendations for such administrative and legislative action as the Secretary of Veterans Affairs determines to be appropriate. The report shall also include the findings of the head of each specified division of the Department and of the Under Secretary for Health. (f) Definition of Facility of the Department.--In this section the term ``facility of the Department'' has the meaning given that term in section 1701(3) of title 38, United States Code. (g) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary of Veterans Affairs $4,000,000 to carry out this section. SEC. 102. COMPREHENSIVE ASSESSMENT OF WOMEN'S HEALTH CARE PROGRAMS OF THE DEPARTMENT OF VETERANS AFFAIRS. (a) In General.--The Secretary of Veterans Affairs shall conduct a comprehensive assessment of all health care services and programs provided by the Department of Veterans Affairs for the health care needs of women veterans. Such comprehensive assessment shall include assessments of specialized programs for women with post-traumatic stress disorder, for women who are homeless, for women who require care for substance abuse or mental illnesses, and for women who require obstetric and gynecologic care. (b) Specific Matters Studied.-- (1) Identification of programs.--For each medical facility of the Department of Veterans Affairs, the Secretary of Veterans Affairs shall identify each of the following types of programs for women veterans provided by the Department and determine whether effective health care services, including evidenced-based health care services, are readily available to and easily accessed by women veterans: (A) Health promotion programs, including reproductive health promotion programs. (B) Disease prevention programs. (C) Health care programs. (2) Identification of relevant issues.--In making such determination, the Secretary of Veterans Affairs shall identify, for each medical facility of the Department of Veterans Affairs-- (A) the frequency with which such services are available and provided, (B) the demographics of the women veterans population, (C) the sites where such services are available and provided, and (D) whether, and to what extent, waiting lists, geographic distance, and other factors obstruct the receipt of any of such services at any such site. (c) Authority To Enter Into a Contract.--The Secretary of Veterans Affairs shall enter into a contract with a qualified independent entity or organization to carry out the studies and research required under this section. (d) Development of Plan To Improve Services.-- (1) Plan required.--After conducting the comprehensive assessment required by subsection (a), the Secretary of Veterans Affairs shall develop a plan to improve the provision of health care services to women veterans and to project the future health care needs, including the mental health care needs of women serving in the combat theaters of Operation Enduring Freedom and Operation Iraqi Freedom. (2) List of services.--In developing the plan under this subsection, the Secretary of Veterans Affairs shall list the types of services available for women veterans at each medical center of the Department. (e) Report.--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 assessment conducted pursuant to subsection (a) and the plan required under subsection (d). The report shall include recommendations for such administrative and legislative action as the Secretary of Veterans Affairs determines to be appropriate. (f) GAO Report.--Not later than 6 months after the date on which the Secretary of Veterans Affairs submits the report required under subsection (e), the Comptroller General shall submit to Congress a report containing the findings of the Comptroller General with respect to the report of the Secretary, which may include such recommendations for administrative or legislative actions as the Comptroller General determines to be appropriate. (g) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary of Veterans Affairs $5,000,000 to carry out this section. TITLE II--IMPROVEMENT AND EXPANSION OF HEALTH CARE PROGRAMS OF THE DEPARTMENT OF VETERANS AFFAIRS FOR WOMEN VETERANS SEC. 201. MEDICAL CARE FOR NEWBORN CHILDREN OF WOMEN VETERANS RECEIVING MATERNITY CARE. (a) Newborn Care.--Subchapter VIII of chapter 17 of title 38, United States Code, is amended by adding at the end the following new section: ``Sec. 1786. Hospital care and medical services for newborn children of women veterans receiving maternity care ``In the case of a child of a woman veteran who is receiving hospital care or medical services at a Department facility (or in another facility pursuant to a contract entered into by the Secretary) relating to the birth of that child, the Secretary may furnish hospital care and medical services to that child at that facility during the seven-day period beginning on the date of the birth of the child.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 17 of such title is amended by inserting after the item relating to section 1785 the following new item: ``1786. Hospital care and medical services for newborn children of women veterans receiving maternity care.''. SEC. 202. TRAINING AND CERTIFICATION FOR MENTAL HEALTH CARE PROVIDERS OF THE DEPARTMENT OF VETERANS AFFAIRS ON CARE FOR VETERANS SUFFERING FROM SEXUAL TRAUMA AND POST-TRAUMATIC STRESS DISORDER. Section 1720D of title 38, United States Code, is amended-- (1) by redesignating subsection (d) as subsection (f); and (2) by inserting after subsection (c) the following new subsections: ``(d) The Secretary shall carry out a program to provide graduate medical education, training, certification, and continuing medical education for mental health professionals who provide counseling, care, and services under subsection (a). In carrying out such program, the Secretary shall ensure that all such mental health professionals have been trained in a consistent manner and that such training includes principles of evidence-based treatment and care for sexual trauma and post-traumatic stress disorder. ``(e) The Secretary shall submit to Congress an annual report on the counseling, care, and services provided to veterans pursuant to this section. Each report shall include data for the year covered by the report with respect to each of the following: ``(1) The number of mental health professionals, graduate medical education trainees, and primary care providers who have been certified under the program required by subsection (d) and the amount and nature of continuing medical education provided under such program to such professionals, trainees, and providers who are so certified. ``(2) The number of women veterans who received counseling and care and services under subsection (a) from professionals and providers who received training under subsection (d). ``(3) The number of graduate medical education, training, certification, and continuing medical education courses provided by reason of subsection (d). ``(4) The number of trained full-time equivalent employees required in each facility of the Department to meet the needs of veterans requiring treatment and care for sexual trauma and post-traumatic stress disorder. ``(5) Any recommended improvements for treating women veterans with sexual trauma and post-traumatic stress disorder. ``(6) Such other information as the Secretary determines to be appropriate.''. SEC. 203. PILOT PROGRAM FOR PROVISION OF CHILD CARE ASSISTANCE TO CERTAIN VETERANS RECEIVING CERTAIN TYPES OF HEALTH CARE SERVICES AT DEPARTMENT FACILITIES. (a) In General.-- (1) Pilot program required.--Not later than six months after the date of the enactment of this Act, the Secretary of Veterans Affairs shall carry out a two-year pilot program under which, subject to paragraph (2), the Secretary shall provide child care assistance to a qualified veteran child care needed by the veteran during the period of time described in paragraph (3). (2) Form of child care assistance.--Child care assistance under this section may include-- (A) stipends for the payment of child care offered by licensed child care centers (either directly or through a voucher program); (B) the development of partnerships with private agencies; (C) collaboration with facilities or programs of other Federal departments or agencies; and (D) the arrangement of after-school care. (3) Period of time.--Child care assistance under the pilot program may only be provided for the period of time that the qualified veteran-- (A) receives a health care service referred to in paragraph (4) at a facility of the Department; and (B) requires to travel to and return from such facility for the receipt of such health care service. (4) Qualified veteran defined.--In this section, the term ``qualified veteran'' means a veteran who is the primary caretaker of a child and who is receiving from the Department of Veterans Affairs one or more of the following health care services: (A) Regular mental health care services. (B) Intensive mental health care services. (C) Any other intensive health care services for which the Secretary determines that the provision of child care would improve access by qualified veterans. (5) Location of pilot program.--The Secretary shall carry out the pilot program at no fewer than three Veterans Integrated Service Networks. (b) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary of Veterans Affairs $1,500,000 for each of fiscal years 2010 and 2011 to carry out the pilot program under this section. (c) Report.--Not later than six months after the completion of the pilot program, the Secretary shall submit to Congress a report on the pilot program and shall include recommendations for the continuation or expansion of the pilot program. SEC. 204. ADDITION OF RECENTLY SEPARATED WOMEN AND MINORITY VETERANS TO SERVE ON ADVISORY COMMITTEES. (a) Advisory Committee on Women Veterans.--Subsection (a)(2)(A) of section 542 of title 38, United States Code, is amended-- (1) by striking ``and'' at the end of clause (ii); (2) by striking the period at the end of clause (iii) and inserting ``; and''; and (3) by inserting after clause (iii) the following new clause: ``(iv) women who are recently separated veterans.''. (b) Advisory Committee on Minority Veterans.--Subsection (a)(2)(A) of section 544 of title 38, United States Code, is amended-- (1) by striking ``and'' at the end of clause (iii); (2) by striking the period at the end of clause (iv) and inserting ``; and''; and (3) by inserting after clause (iv) the following new clause: ``(v) recently separated veterans who are minority group members.''. (c) Effective Date.--The amendments made by this section shall first apply to appointments made on or after the date of the enactment of this Act. Passed the House of Representatives June 23, 2009. Attest: LORRAINE C. MILLER, Clerk.

Women Veterans Health Care Improvement Act - Title I: Studies and Assessments of Department of Veterans Affairs Health Services for Women Veterans - (Sec. 101) Requires the Secretary of Veterans Affairs (VA) to: (1) conduct a study of barriers encountered by women veterans to the provision by the VA of comprehensive health care; (2) ensure that the Center for Women Veterans and the Advisory Committee on Women Veterans review the results of the study; and (3) report to Congress on study results and the implementation of recommendations. (Sec. 102) Directs the Secretary to: (1) conduct a comprehensive assessment of all health care services and programs provided by the VA for women veterans; (2) identify relevant issues concerning such services and programs with respect to each VA medical facility; (3) develop a plan to improve the provision of health care services to women veterans and to project their future health care needs; and (4) report to Congress on the assessment and plan. Requires a report from the Comptroller General to Congress reviewing the report of the Secretary. Authorizes appropriations. Title II: Improvement and Expansion of Health Care Programs of the Department of Veterans Affairs for Women Veterans - (Sec. 201) Authorizes the Secretary to furnish hospital care and medical services to a newborn child of a woman veteran receiving VA maternity care for up to seven days after the birth of the child. (Sec. 202) Directs the Secretary to: (1) provide graduate medical education, training, certification, and continuing medical education for mental health professionals who provide counseling, care, and services to women veterans suffering from sexual trauma and post-traumatic stress disorder (PTSD); and (2) report annually to Congress on the counseling, care, and services provided. (Sec. 203) Directs the Secretary to: (1) carry out a two-year pilot program of child care assistance for women veterans receiving certain mental health or other intensive health care services at VA facilities; (2) carry out the program in at least three Veterans Integrated Service Network facilities; and (3) report to Congress on the pilot program. Authorizes appropriations. (Sec. 204) Requires: (1) women veterans recently separated from service to be included on the Advisory Committee on Women Veterans; and (2) recently separated minority veterans to be included on the Advisory Committee on Minority Veterans.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Federal Agency Environmental Responsibility Act''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. short title; table of contents. TITLE I--FEDERAL AGENCY ENVIRONMENTAL RESPONSIBILITY Sec. 101. Declaration of policy. Sec. 102. Agency goals. Sec. 103. Duties of heads of agencies. Sec. 104. Additional duties of the chairman of the Council on Environmental Quality. Sec. 105. Duties of the Director of the Office of Management and Budget. Sec. 106. Duties of the Federal Environmental Executive. Sec. 107. Limitations. Sec. 108. Exemption authority. Sec. 109. General provisions. Sec. 110. Energy efficient standby power devices. Sec. 111. Public utility contracting authority. Sec. 112. Project costs for energy innovations. Sec. 113. Definitions. TITLE II--ENERGY EFFICIENT LIGHTING Sec. 201. Statement of purpose. Sec. 202. Replacement of low energy efficient bulbs. Sec. 203. Disposal plan. Sec. 204. Progress report. Sec. 205. Working with industry. Sec. 206. Definitions. TITLE I--FEDERAL AGENCY ENVIRONMENTAL RESPONSIBILITY SEC. 101. DECLARATION OF POLICY. The Congress finds and declares that it is the policy of the United States that Federal agencies conduct their environmental, transportation, and energy-related activities under the law in support of their respective missions in an environmentally, economically and fiscally sound, integrated, continuously improving, efficient, and sustainable manner. SEC. 102. AGENCY GOALS. The head of each agency shall-- (1) improve energy efficiency and reduce greenhouse gas emissions of the agency, through reduction of energy intensity by-- (A) 3 percent annually through the end of fiscal year 2014; or (B) 30 percent by the end of fiscal year 2014, relative to the baseline of the agency's energy use in fiscal year 2003; (2) ensure that-- (A) at least half of the statutorily required renewable energy consumed by the agency in a fiscal year comes from new renewable sources; and (B) to the extent feasible, the agency implements renewable energy generation projects on agency property for agency use; (3) beginning in fiscal year 2008, reduce water consumption intensity, relative to the baseline of the agency's water consumption in fiscal year 2007 and including both indoor and outdoor consumption, through life-cycle cost-effective measures by 2 percent annually through the end of fiscal year 2014 or 16 percent by the end of fiscal year 2014; (4) require in agency acquisitions of goods and services-- (A) the use of sustainable environmental practices, including acquisition of biobased, environmentally preferable, energy-efficient, water-efficient, and recycled-content products; and (B) the use of paper that has at least 30 percent post-consumer fiber content; (5) ensure that the agency-- (A) reduces the quantity of toxic and hazardous chemicals and materials acquired, used, or disposed of by the agency; (B) increases diversion of solid waste as appropriate; and (C) maintains cost-effective waste prevention and recycling programs in its facilities; (6) ensure that if the agency operates a fleet of at least 20 motor vehicles, the agency, relative to agency baselines for fiscal year 2005-- (A) reduces the fleet's total consumption of petroleum products by 2 percent annually through the end of fiscal year 2014; (B) increases the total fuel consumption that is non-petroleum-based by 10 percent annually; and (C) uses plug-in hybrid vehicles when such vehicles are commercially available at a cost reasonably comparable, on the basis of life-cycle cost, to other vehicles; and (8) ensure that the agency-- (A) when acquiring an electronic product to meet its requirements, meets at least 95 percent of those requirements with an electronic product that is registered for the Electronic Product Environmental Assessment Tool, unless there is no Electronic Product Environmental Assessment Tool standard for such product; (B) enables the Energy Star feature on agency computers and monitors; (C) establishes and implements policies to extend the useful life of agency electronic equipment; and (D) uses environmentally sound practices with respect to disposition of agency electronic equipment that has reached the end of its useful life. SEC. 103. DUTIES OF HEADS OF AGENCIES. The head of each agency shall-- (1) implement sustainable practices within the agency for-- (A) energy efficiency, greenhouse gas emissions avoidance or reduction, and petroleum products use reduction; (B) renewable energy, including bioenergy; (C) water conservation; (D) acquisition; (E) pollution and waste prevention and recycling; (F) reduction or elimination of acquisition and use of toxic or hazardous chemicals; (G) high performance construction, lease, operation, and maintenance of buildings; (H) vehicle fleet management; and (I) electronic equipment management; (2) implement within the agency environmental management systems at all appropriate organizational levels to ensure-- (A) the use of environmental management systems as the primary management approach for addressing environmental aspects of internal agency operations and activities, including environmental aspects of energy and transportation functions; (B) establishment of agency objectives and targets to ensure implementation of this title; and (C) collection, analysis, and reporting of information to measure performance in the implementation of this title; (3) establish within the agency programs for-- (A) environmental management training; (B) environmental compliance review and audit; and (C) leadership awards to recognize outstanding environmental, energy, or transportation management performance in the agency; (4) within 30 days after the date of enactment of this Act-- (A) designate a senior civilian officer of the United States, compensated annually in an amount at or above the amount payable at level IV of the Executive Schedule, to be responsible for implementation of this title within the agency; (B) report such designation to the Director of the Office of Management and Budget and the Chairman of the Council on Environmental Quality; and (C) assign the designated official the authority and duty-- (i) to monitor and report to the head of the agency on agency activities to carry out paragraphs (1) and (2) of this subsection; and (ii) to perform such other duties relating to the implementation of this title within the agency as the head of the agency deems appropriate; (5) ensure that contracts entered into after the date of enactment of this Act for contractor operation of government- owned facilities or vehicles require the contractor to comply with the provisions of this title with respect to such facilities or vehicles to the same extent as the agency would be required to comply if the agency operated the facilities or vehicles; (6) ensure that agreements, permits, leases, licenses, or other legally-binding obligations between the agency and a tenant or concessionaire entered into after the date of enactment of this Act, to the extent the head of the agency determines appropriate, that the tenant or concessionaire take actions relating to matters within the scope of the contract that facilitate the agency's compliance with the requirements of this section; (7) provide reports on agency implementation of this title to the Chairman of the Council on such schedule and in such format as the Chairman of the Council may require; and (8) provide information and assistance to the Director of the Office of Management and Budget, the Chairman of the Council, and the Federal Environmental Executive. SEC. 104. ADDITIONAL DUTIES OF THE CHAIRMAN OF THE COUNCIL ON ENVIRONMENTAL QUALITY. The Chairman of the Council on Environmental Quality-- (1)(A) shall establish a Steering Committee on Strengthening Federal Environmental, Energy, and Transportation Management to advise the Director of the Office of Management and Budget and the Chairman of the Council on the performance of their functions under this title that shall consist exclusively of-- (i) the Federal Environmental Executive, who shall chair, convene, and preside at meetings of, determine the agenda of, and direct the work of, the Steering Committee; and (ii) the senior officials designated under section 103(4)(A); and (B) may establish subcommittees of the Steering Committee, to assist it in developing its advice on particular subjects; (2) may, after consultation with the Director of the Office of Management and Budget and the Steering Committee, issue instructions to implement this title, other than instructions within the authority of the Director to issue under section 105; and (3) shall administer a presidential leadership award program to recognize exceptional and outstanding environmental, energy, or transportation management performance and excellence in agency efforts to implement this title. SEC. 105. DUTIES OF THE DIRECTOR OF THE OFFICE OF MANAGEMENT AND BUDGET. In implementing the policy of this title, the Director of the Office of Management and Budget shall, after consultation with the Chairman of the Council and the Steering Committee, issue instructions to the heads of agencies concerning-- (1) the periodic evaluation of agency implementation of this title; (2) budget and appropriations matters relating to implementation of this title; (3) implementation of section 102(4) of this title; and (4) amendments of the Federal Acquisition Regulation necessary to implement this title. SEC. 106. DUTIES OF THE FEDERAL ENVIRONMENTAL EXECUTIVE. (a) Establishment of Office.--There is established within the Environmental Protection Agency a Federal Environmental Office. The Office shall be headed by the Federal Environmental Executive, who shall be appointed by the President. (b) Duties.--The Federal Environmental Executive shall-- (1) monitor, and advise the Chairman of the Council on, performance by agencies with the requirements of sections 102 and 103 of this title; (2) submit a report to the President, through the Chairman of the Council, not less often than once every 2 years, on the activities of agencies to comply with the requirements of this title; and (3) advise the Chairman of the Council on the Chairman's exercise of the authority provided by section 104(3) of this title. SEC. 107. LIMITATIONS. (a) United States Operations.--Except as provided in subsection (b), this title shall apply to an agency only with respect to the activities, personnel, resources, and facilities of the agency that are located within the United States. (b) Foreign Operations.-- (1) In general.--The head of an agency may provide that this title shall apply in whole or in part with respect to the activities, personnel, resources, and facilities of the agency that are not located within the United States, if the head of the agency determines that such application is in the interest of the United States. (2) Other foreign operations.--The head of an agency shall manage activities, personnel, resources, and facilities of the agency that are not located within the United States, and with respect to which the head of the agency has not made a determination under subsection (a) of this section, in a manner consistent with the policy of this title to the extent the head of the agency determines practicable. SEC. 108. EXEMPTION AUTHORITY. (a) Intelligence Activities.--The Director of National Intelligence may exempt an intelligence activity of the United States, and related personnel, resources, and facilities, from the provisions of this title to the extent the Director determines necessary to protect intelligence sources and methods from unauthorized disclosure. (b) Law Enforcement Activities.--The head of an agency may exempt law enforcement activities of that agency, and related personnel, resources, and facilities, from the provisions of this title to the extent the head of an agency determines necessary to protect undercover operations from unauthorized disclosure. (c) Special Purpose Vehicles.--The head of an agency may exempt law enforcement, protective, emergency response, or military tactical vehicle fleets of that agency from the provisions of this title. Notwithstanding any such exemption, the head of an agency shall manage fleets of such vehicles in a manner consistent with the policy of this title to the extent practicable. (d) Activities.--The head of an agency may submit to the President, through the Chairman of the Council, a request for an exemption of an agency activity and related personnel, resources, and facilities from this title. SEC. 109. GENERAL PROVISIONS. (a) In General.--This title shall be implemented in a manner consistent with applicable law and subject to the availability of appropriations. (b) OMB Functions.--Nothing in this title shall be construed to impair or otherwise affect the functions of the Director of the Office of Management and Budget relating to budget, administrative, or legislative proposals. (c) No Right of Recourse.--This title is intended only to improve the internal management of the Federal Government and is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by a party against the United States, its departments, agencies, instrumentalities, entities, officers, employees or agents, or any other person. SEC. 110. ENERGY EFFICIENT STANDBY POWER DEVICES. (a) In General.--Whenever a Federal agency purchases a commercially available, off-the-shelf product that uses an external standby power device, or that contains an internal standby power function, it shall purchase-- (1) products that use no more than 1 Watt in their standby power mode; or (2) when such a product is not available, products with the lowest standby power wattage while in their standby power mode. (b) Limitation.--Subsection (a) applies only if compliance with its requirements is practicable and life-cycle cost-effective, and a product's utility and performance is not be compromised by compliance with those requirements. (c) Guidelines.--The Secretary of Energy, in consultation with the Secretary of Defense and the Administrator of the General Services Administration shall compile and maintain a list of products subject to subsection (a) and a list of products that meet the requirements of that subsection. SEC. 111. PUBLIC UTILITY CONTRACTING AUTHORITY. Section 501(b)(1)(B) of title 40, United States Code, is amended to read as follows: ``(B) Public utility contracts.-- ``(i) In general.--A contract for public utility services may be made for a period of not more than 10 years. ``(ii) Renewable energy contracts.--A contract for renewable energy may be made for a period of not more than 20 years. ``(iii) Definitions.--In this subparagraph: ``(I) Public utility services.--The term `public utility services' means generation, transmission, distribution, or other services directly used in

Federal Agency Environmental Responsibility Act - Declares that it is U.S. policy that federal agencies conduct their environmental, transportation, and energy-related activities in an environmentally, economically, and fiscally sound, integrated, continuously improving, efficient, and sustainable manner. Sets forth requirements for agency heads concerning: (1) energy efficiency and reduction in greenhouse gas emissions; (2) renewable energy sources and energy generation projects; (3) reduction in water consumption intensity; (4) sustainable environmental practices and management systems; (5) toxic and hazardous materials and cost-effective waste prevention and recycling programs; (6) fuel consumption; and (7) the acquisition and disposal of electronic products. Requires the Chairman of the Council on Environmental Quality to establish a Steering Committee on Strengthening Federal Environmental, Energy, and Transportation Management to advise the Chairman and the Director of the Office of Management and Budget (OMB) on performance of their functions under this Act. Establishes within the Environmental Protection Agency (EPA) a Federal Environmental Office to advise the Council on agency activities and a presidential leadership award program. Provides for exemption authority. Sets forth requirements for federal agency purchases of a commercially available, off-the-shelf product that uses an external standby power device or that contains an internal standby power function. Requires the Secretary of Energy to maintain a list of products subject to such requirements and a list of products that meet the requirements. Limits public utility contracts for renewable energy to 20 years. Exempts specified project costs for energy-efficient technologies from requirements concerning a project's estimated maximum costs. Requires the Administrator of the General Services Administration (GSA): (1) to implement a program to use energy-efficient light bulbs in federal buildings to replace low efficiency bulbs as they burn out; and (2) and the Secretary of Energy and the Director of the National Institute of Standards and Technology (NIST) to work with industry to develop consensus national standards for energy-efficient light bulb disposal and with manufacturers and importers of energy-efficient bulbs to develop standards for labeling bulbs containing mercury or other toxic substances.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Natural Gas Competitiveness Act of 1995''. SEC. 2. ASSOCIATIONS OF INDEPENDENT PRODUCERS OF NATURAL GAS. (a) Activities.--(1) Subject to sections 3 and 4, independent producers of natural gas may act together in associations, corporate or otherwise, with or without capital stock, in collectively producing, gathering, transporting, processing, storing, handling, and marketing in intrastate, interstate, and foreign commerce, natural gas (including natural gas liquids) produced in the United States. (2) For purposes of paragraph (1)-- (A) such associations may have marketing agencies in common, and (B) such associations and members of such associations may make the necessary contracts and agreements to carry out the activities described in such paragraph, if such associations are operated for the mutual benefit of the members thereof and comply with subsection (b). (b) Requirements.--For purposes of subsection (a)(2), an association shall-- (1) not deal in natural gas (including natural gas liquids) produced by nonmembers in an amount greater in volume than \1/ 2\ of the volume of natural gas (including natural gas liquids) that is produced by members of the association and handled by the association for such members, and (2) in any calendar year not deal in natural gas (including natural gas liquids) in an amount greater in volume than 20 percent of the volume of natural gas (including natural gas liquids) produced in the United States in the preceding calendar year. SEC. 3. TERMINATION OF ACTIVITY. (a) Complaint.--If the Attorney General of the United States has reason to believe that an association to which section 2(a) applies, monopolizes or restrains trade in intrastate, interstate, or foreign commerce to such an extent that the price of natural gas or natural gas liquids is unduly enhanced by reason of the activity of the association, the Attorney General shall serve upon the association a complaint that-- (1) states a claim in that respect, (2) contains a notice of hearing on such claim to be held at a place and on a date (not less than 30 days after the service of the complaint) specified in the complaint, and (3) requires the association to show cause why the Attorney General should not issue an order requiring the association to cease and desist from the monopolization or restraint of trade. (b) Hearing.--At the hearing referred to in subsection (a), the association that is the subject of such hearing may show cause why such order should not be entered. Evidence taken at such hearing shall be taken under such rules as the Attorney General may issue, shall be reduced to writing, and shall be made a part of the record of the proceeding on the complaint containing the notice of such hearing. (c) Order.--If, based on the hearing referred to in subsection (b), the Attorney General determines that such association monopolizes or restrains trade in intrastate, interstate, or foreign commerce to the extent that the price of natural gas, or natural gas liquids, is unduly enhanced, the Attorney General shall issue and cause to be served upon the association an order reciting the facts found by the Attorney General and directing such association to cease and desist from monopolization or restraint of trade. (d) Review.--(1) On the request of the association that is subject to an order issued under subsection (c) or if the association fails or neglects for 30 days to obey such order, the Attorney General shall file in the district court of the United States for the judicial district in which the association has its principal place of business a petition for enforcement of such order, together with a certified copy of the order and the record of the proceedings on the complaint on which the order is based. (2) The court shall have jurisdiction to affirm, modify, or set aside the order, or to enter such other order as the court may deem equitable. (3) The facts found by the Attorney General and set forth in the order issued by the Attorney General shall be prima facie evidence of such facts, but either party may adduce additional evidence. (4) During the pendency of the petition, the court may issue a preliminary injunction forbidding such association from violating all or part of such order. SEC. 4. LIMITATION. Nothing in this Act shall restrict the right of a person or State to assert any claims against an association which may accrue under-- (1) section 2 of the Sherman Act (15 U.S.C. 2) for the monopolization of trade by the association to such an extent that the price of natural gas is unduly depressed or unduly enhanced by reason thereof or by reason of a denial of access to essential facilities, (2) section 2 of the Clayton Act (15 U.S.C. 13) for undue discrimination in price by the association, (3) section 3 of the Clayton Act (15 U.S.C. 14) for imposition of exclusive dealing arrangements by the association, or (4) any State common purchaser law, State common carrier law, or State law enacted to prevent discrimination as to price or access to market. SEC. 5. DEFINITION OF INDEPENDENT PRODUCER OF NATURAL GAS. The term ``independent producer of natural gas'' means a person who produces natural gas (including natural gas liquids), but excludes a person with respect to whom section 613A(c) of the Internal Revenue Code of 1986 is inapplicable by reason of the operation of paragraph (2) or (4) of section 613A(d) of such Code.

Natural Gas Competitiveness Act of 1995 - Permits independent natural gas producers to act together in associations to collectively produce, gather, transport, process, store, handle, and market natural gas in both domestic and foreign commerce. Requires the Attorney General to file an antitrust complaint against any such association which monopolizes or restrains trade to such an extent that the price of natural gas or natural gas liquid is unduly enhanced. Sets forth procedural guidelines for the filing of such a complaint. Provides for antitrust and market and price-discrimination actions against an association under the Sherman and the Clayton Acts, respectively.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Financial Stability Oversight Council Reform Act''. SEC. 2. FUNDING. (a) In General.--Section 155 of the Financial Stability Act of 2010 (12 U.S.C. 5345) is amended-- (1) in subsection (b)-- (A) in paragraph (1), by striking ``be immediately available to the Office'' and inserting ``be available to the Office, as provided for in appropriation Acts''; (B) by striking paragraph (2); and (C) by redesignating paragraph (3) as paragraph (2); and (2) in subsection (d), by amending the heading to read as follows: ``Assessment Schedule.--''. (b) Effective Date.--The amendments made by this section shall take effect on October 1, 2016. SEC. 3. QUARTERLY REPORTING. Section 153 of the Financial Stability Act of 2010 (12 U.S.C. 5343) is amended by adding at the end the following: ``(g) Quarterly Reporting.-- ``(1) In general.--Not later than 60 days after the end of each quarter, the Office shall submit reports on the Office's activities to the Committees on Appropriations of the House of Representatives and the Senate, the Committee on Financial Services of the House of Representatives, and the Committee on Banking, Housing, and Urban Affairs of the Senate. ``(2) Contents.--The reports required under paragraph (1) shall include-- ``(A) the obligations made during the previous quarter by object class, office, and activity; ``(B) the estimated obligations for the remainder of the fiscal year by object class, office, and activity; ``(C) the number of full-time equivalents within the Office during the previous quarter; ``(D) the estimated number of full-time equivalents within each office for the remainder of the fiscal year; and ``(E) actions taken to achieve the goals, objectives, and performance measures of the Office. ``(3) Testimony.--At the request of any committee specified under paragraph (1), the Office shall make officials available to testify on the contents of the reports required under paragraph (1).''. SEC. 4. PUBLIC NOTICE AND COMMENT PERIOD. Section 153(c) of the Financial Stability Act of 2010 (12 U.S.C. 5343(c)) is amended by adding at the end the following: ``(3) Public notice and comment period.--The Office shall provide for a public notice and comment period of not less than 90 days before issuing any proposed report, rule, or regulation. ``(4) Additional report requirements.-- ``(A) In general.--Except as provided under paragraph (3), the requirements under section 553 of title 5, United States Code, shall apply to a proposed report of the Office to the same extent as such requirements apply to a proposed rule of the Office. ``(B) Exception for certain reports.--This paragraph and paragraph (3) shall not apply to a report required under subsection (g)(1) or section 154(d)(1).''. SEC. 5. ADDITIONAL DUTIES OF THE OFFICE OF FINANCIAL RESEARCH. Section 153 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5343), as amended by section 3, is further amended by adding at the end the following new subsection: ``(h) Additional Duties.-- ``(1) Annual work plan.-- ``(A) In general.--The Director shall, after a period of 60 days for public notice and comment, annually publish a detailed work plan concerning the priorities of the Office for the upcoming fiscal year. ``(B) Requirements.--The work plan shall include the following: ``(i) A unique alphanumeric identifier and detailed description of any report, study, working paper, grant, guidance, data collection, or request for information that is expected to be in progress during, or scheduled to begin in, the upcoming fiscal year. ``(ii) For each item listed under clause (i), a target date for any significant actions related to such item, including the target date-- ``(I) for the release of a report, study, or working paper; ``(II) for, and topics of, a meeting of a working paper group and each solicitation of applications for grants; and ``(III) for the issuance of guidance, data collections, or requests for information. ``(iii) A list of all technical and professional advisory committees that is expected to be convened in the upcoming fiscal year pursuant to section 152(h). ``(iv) The name and professional affiliations of each individual who served during the previous fiscal year as an academic or professional fellow pursuant to section 152(i). ``(v) A detailed description of the progress made by primary financial regulatory agencies in adopting a unique alphanumeric system to identify legally distinct entities that engage in financial transactions (commonly known as a `Legal Entity Identifier'), including a list of regulations requiring the use of such a system and actions taken to ensure the adoption of such a system by primary financial regulatory agencies. ``(2) Public reports.-- ``(A) Consultation.--In preparing any public report with respect to a specified entity, class of entities, or financial product or service, the Director shall consult with any Federal department or agency with expertise in regulating the entity, class of entities, or financial product or service. ``(B) Report requirements.--A public report described in subparagraph (A) shall include-- ``(i) an explanation of any changes made as a result of a consultation under this subparagraph and, with respect to any changes suggested in such consultation that were not made, the reasons that the Director did not incorporate such changes; and ``(ii) information on the date, time, and nature of such consultation. ``(C) Notice and comment.--Before issuing any public report described in subparagraph (A), the Director shall provide a period of 90 days for public notice and comment on the report. ``(3) Cybersecurity plan.-- ``(A) In general.--The Office shall develop and implement a cybersecurity plan that uses appropriate safeguards that are adequate to protect the integrity and confidentiality of the data in the possession of the Office. ``(B) GAO review.--The Comptroller General of the United States shall annually audit the cybersecurity plan and its implementation described in subparagraph (A).''. Passed the House of Representatives April 14, 2016. Attest: KAREN L. HAAS, Clerk.

Financial Stability Oversight Council Reform Act This bill amends the Financial Stability Act of 2010 to make the budgets of the Financial Stability Oversight Council (FSOC) and the Office of Financial Research (OFR) subject to the annual appropriations process and to establish requirements for reports and a public notice and comment period. (Sec. 2) The budgets of the FSOC and the OFR are funded by assessments on financial institutions which are deposited into the Financial Research Fund and, under current law, are immediately available to be spent. This bill requires the funding from the Financial Research Fund to be made available by appropriations Acts. (Sec. 3) The OFR must submit quarterly reports to Congress regarding its: finances; workforce; and actions taken to achieve the goals, objectives, and performance measures of the office. (Sec. 4) The OFR must provide a public notice and comment period of at least 90 days before issuing any proposed report, rule, or regulation. (Sec. 5) The bill expands the duties of the OFR to include: publishing an annual work plan; consulting with other federal departments and agencies with relevant expertise prior to preparing any public report with respect to a specified entity, class of entities, or financial product or service; and developing and implementing a cybersecurity plan. The Government Accountability Office must annually audit the cybersecurity plan and its implementation.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Keystone For a Secure Tomorrow Act''. SEC. 2. FINDING. The Congress finds that the delivery of oil from Alberta, Canada, to domestic markets in the United States is in the national interest of the United States, and the earliest possible completion of the Keystone XL pipeline will best serve the national interest. SEC. 3. KEYSTONE XL PIPELINE PERMIT APPROVAL. (a) Permit Approval.--The permit described in subsection (b) is hereby approved. (b) Description of Permit.--The permit approved under subsection (a) is the permit with respect to certain energy-related facilities and land transportation crossings on the international boundaries of the United States for the Keystone XL pipeline project, an application for which was filed on September 19, 2008 (including amendments). (c) Requirements.--The permit granted under subsection (a) shall require the following: (1) The permittee shall comply with all applicable Federal and State laws (including regulations) and all applicable industrial codes regarding the construction, connection, operation, and maintenance of the United States facilities. (2) The permittee shall take all appropriate measures to prevent or mitigate any adverse environmental impact or disruption of historic properties in connection with the construction, operation, and maintenance of the United States facilities. (3) For the purpose of the permit approved under subsection (a) (regardless of any modifications under subsection (d))-- (A) the final environmental impact statement issued by the Secretary of State on August 26, 2011, satisfies all requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and section 106 of the National Historic Preservation Act (16 U.S.C. 470f); (B) any modification required by the Secretary of State to the Plan described in paragraph (4)(A) shall not require supplementation of the final environmental impact statement described in that paragraph; and (C) no further Federal environmental review shall be required. (4) The construction, operation, and maintenance of the facilities shall be in all material respects similar to that described in the application described in subsection (b) and in accordance with-- (A) the construction, mitigation, and reclamation measures agreed to by the permittee in the Construction Mitigation and Reclamation Plan found in appendix B of the final environmental impact statement issued by the Secretary of State on August 26, 2011, subject to the modification described in subsection (d); (B) the special conditions agreed to between the permittee and the Administrator of the Pipeline Hazardous Materials Safety Administration of the Department of Transportation found in appendix U of the final environmental impact statement described in subparagraph (A); (C) if the modified route submitted by the Governor of Nebraska under subsection (d)(3)(B) crosses the Sand Hills region, the measures agreed to by the permittee for the Sand Hills region found in appendix H of the final environmental impact statement described in subparagraph (A); and (D) the stipulations identified in appendix S of the final environmental impact statement described in subparagraph (A). (5) Other requirements that are standard industry practice or commonly included in Federal permits that are similar to a permit approved under subsection (a). (d) Modification.--The permit approved under subsection (a) shall require-- (1) the reconsideration of routing of the Keystone XL pipeline within the State of Nebraska; (2) a review period during which routing within the State of Nebraska may be reconsidered and the route of the Keystone XL pipeline through the State altered with any accompanying modification to the Plan described in subsection (c)(4)(A); and (3) the President-- (A) to coordinate review with the State of Nebraska and provide any necessary data and reasonable technical assistance material to the review process required under this subsection; and (B) to approve the route within the State of Nebraska that has been submitted to the Secretary of State by the Governor of Nebraska. (e) Effect of No Approval.--If the President does not approve the route within the State of Nebraska submitted by the Governor of Nebraska under subsection (d)(3)(B) not later than 10 days after the date of submission, the route submitted by the Governor of Nebraska under subsection (d)(3)(B) shall be considered approved, pursuant to the terms of the permit approved under subsection (a) that meets the requirements of subsection (c) and this subsection, by operation of law. (f) Private Property Savings Clause.--Nothing in this section alters the Federal, State, or local processes or conditions in effect on the date of enactment of this Act that are necessary to secure access from private property owners to construct the Keystone XL pipeline.

Keystone For a Secure Tomorrow Act - Approves a specified permit regarding certain energy-related facilities and land transportation crossings on the international boundaries of the United States for the Keystone XL pipeline project. Prescribes permit requirements, including: (1) reconsideration of routing of the Keystone XL pipeline within Nebraska; (2) a review period during which routing within Nebraska may be reconsidered and the route of the Keystone XL pipeline through the state altered with any accompanying modification to a specified Plan; and (3) the obligation of the President to coordinate review with the state of Nebraska, provide necessary data and reasonable technical assistance material to the review process, and approve the route within Nebraska submitted by its governor to the Secretary of State. Deems approved, within 10 days after its date of submission, the route submitted by the governor of Nebraska pursuant to the permit approved under this Act if the President does not approve that route.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Balancing the Rights Of Web Surfers Equally and Responsibly Act of 2017'' or the ``BROWSER Act of 2017''. SEC. 2. NOTICE OF PRIVACY POLICIES. (a) In General.--A provider of a covered service shall provide the users of the service with notice of the privacy policies of the provider with respect to the service. Such notice shall be clear and conspicuous. (b) Availability to Prospective Users.--The notice required by subsection (a) shall be made available to prospective users-- (1) at the point of sale of, subscription to, or establishment of an account for the covered service, prior to such sale, subscription, or establishment, whether such point of sale, subscription, or establishment is in person, online, over the telephone, or through another means; or (2) if there is no such sale, subscription, or establishment, before the user uses the service. (c) Persistent Availability.--The notice required by subsection (a) shall be made persistently available. (d) Material Changes.--A provider of a covered service shall provide users with advance notice of any material change to the privacy policies of the provider. The notice required by this subsection shall be clear and conspicuous. SEC. 3. USER OPT-IN OR OPT-OUT APPROVAL RIGHTS BASED ON SENSITIVITY OF INFORMATION. (a) Opt-In Approval Required for Sensitive User Information.-- Except as provided in subsection (c), a provider of a covered service shall obtain opt-in approval from a user to use, disclose, or permit access to the sensitive user information of the user. (b) Opt-Out Approval Required for Non-Sensitive User Information.-- Except as provided in subsection (c)-- (1) a provider of a covered service shall obtain opt-out approval from a user to use, disclose, or permit access to any of the non-sensitive user information of the user; or (2) if the provider so chooses, the provider may comply with the requirement of paragraph (1) by obtaining opt-in approval from the user to use, disclose, or permit access to any such non-sensitive user information. (c) Limitations and Exceptions.--A provider of a covered service may use, disclose, or permit access to user information without user approval for the following purposes: (1) In providing the covered service from which such information is derived, or in providing services necessary to, or used in, the provision of such service. (2) To initiate, render, bill, and collect for the covered service. (3) To protect the rights or property of the provider, or to protect users of the covered service and other service providers from fraudulent, abusive, or unlawful use of the service. (4) To provide location information or non-sensitive user information-- (A) to a public safety answering point, emergency medical service provider or emergency dispatch provider, public safety, fire service, or law enforcement official, or hospital emergency or trauma care facility, in order to respond to the request of the user for emergency services; (B) to inform the legal guardian of the user, or members of the immediate family of the user, of the location of the user in an emergency situation that involves the risk of death or serious physical harm; or (C) to providers of information or database management services solely for purposes of assisting in the delivery of emergency services in response to an emergency. (5) As otherwise required or authorized by law. (d) Mechanism for Exercising User Approval.-- (1) In general.--A provider of a covered service shall make available a simple, easy-to-use mechanism for users to grant, deny, or withdraw opt-in approval or opt-out approval at any time. (2) Form and manner.--The mechanism required by paragraph (1) shall be-- (A) clear and conspicuous; and (B) made available-- (i) at no additional cost to the user; and (ii) in a language other than English, if the provider transacts business with the user in such other language. (3) Effect.--The grant, denial, or withdrawal of opt-in approval or opt-out approval by a user shall-- (A) be given effect promptly; and (B) remain in effect until the user revokes or limits such grant, denial, or withdrawal of approval. SEC. 4. SERVICE OFFERS CONDITIONED ON WAIVERS OF PRIVACY RIGHTS. A provider of a covered service may not-- (1) condition, or effectively condition, provision of such service on agreement by a user to waive privacy rights guaranteed by law or regulation, including this Act; or (2) terminate such service or otherwise refuse to provide such service as a direct or indirect consequence of the refusal of a user to waive any such privacy rights. SEC. 5. ENFORCEMENT BY FEDERAL TRADE COMMISSION. (a) General Application.--The requirements of this Act apply, according to their terms, to-- (1) those persons, partnerships, and corporations over which the Commission has authority pursuant to section 5(a)(2) of the Federal Trade Commission Act (15 U.S.C. 45(a)(2)); and (2) providers of broadband internet access service, notwithstanding the exception in such section for common carriers subject to the Communications Act of 1934 (47 U.S.C. 151 et seq.). (b) Unfair or Deceptive Acts or Practices.--A violation of this Act shall be treated as an unfair or deceptive act or practice in or affecting commerce for purposes of section 5(a)(2) of the Federal Trade Commission Act (15 U.S.C. 45(a)(2)). (c) Powers of Commission.--Except as provided in subsection (a)(2) of this section-- (1) the Commission shall enforce this Act in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this Act; and (2) any person who violates this Act shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act. SEC. 6. DEFINITIONS. In this Act: (1) Broadband internet access service.-- (A) In general.--The term ``broadband internet access service'' means a mass-market retail service by wire or radio that provides the capability to transmit data to and receive data from all or substantially all internet endpoints, including any capabilities that are incidental to and enable the operation of the communications service, but excluding dial-up internet access service. (B) Functional equivalent; evasion.--Such term also includes any service that-- (i) the Commission finds to be providing a functional equivalent of the service described in subparagraph (A); or (ii) is used to evade the protections set forth in this Act. (2) Commission.--The term ``Commission'' means the Federal Trade Commission. (3) Covered service.--The term ``covered service'' means-- (A) broadband internet access service; or (B) an edge service. (4) Edge service.--The term ``edge service''-- (A) means a service provided over the internet-- (i) for which the provider requires the user to subscribe or establish an account in order to use the service; (ii) that the user purchases from the provider of the service without a subscription or account; (iii) by which a program searches for and identifies items in a database that correspond to keywords or characters specified by the user, used especially for finding particular sites on the World Wide Web; or (iv) by which the user divulges sensitive user information; and (B) includes a service described in subparagraph (A) that is provided through a software program, including a mobile application. (5) Emergency services.--The term ``emergency services'' has the meaning given such term in section 222 of the Communications Act of 1934 (47 U.S.C. 222). (6) Material.--The term ``material'' means, with respect to a change in a privacy policy of a provider of a covered service, any change in such policy that a user of the service, acting reasonably under the circumstances, would consider important to the decisions of the user regarding the privacy of the user, including any change to information required to be included in a privacy notice under section 2. (7) Mobile application.--The term ``mobile application'' means a software program that runs on the operating system of a mobile device. (8) Non-sensitive user information.--The term ``non- sensitive user information'' means any user information that is not sensitive user information. (9) Opt-in approval.--The term ``opt-in approval'' means a method for obtaining from a user of a covered service consent to use, disclose, or permit access to sensitive user information under which the provider of the service obtains express consent allowing the requested usage, disclosure, or access to the sensitive user information. (10) Opt-out approval.--The term ``opt-out approval'' means a method for obtaining from a user of a covered service consent to use, disclose, or permit access to non-sensitive user information under which the user is deemed to have consented to the use, disclosure, or access to the non-sensitive user information if the user has failed to object to such use, disclosure, or access. (11) Public safety answering point.--The term ``public safety answering point'' has the meaning given such term in section 222 of the Communications Act of 1934 (47 U.S.C. 222). (12) Sensitive user information.--The term ``sensitive user information'' includes any of the following: (A) Financial information. (B) Health information. (C) Information pertaining to children under the age of 13. (D) Social Security number. (E) Precise geo-location information. (F) Content of communications. (G) Web browsing history, history of usage of a software program (including a mobile application), and the functional equivalents of either. (13) State.--The term ``State'' means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands of the United States, the Commonwealth of the Northern Mariana Islands, any other territory or possession of the United States, and each federally recognized Indian Tribe. (14) User.--The term ``user'' means, with respect to a covered service, a person who-- (A) is a current or former-- (i) subscriber to such service; or (ii) holder of an account for such service; (B) purchases such service without a subscription or account; (C) is an applicant for such service; or (D) in the case of a service described in clause (iii) or (iv) of paragraph (4)(A), uses the service. (15) User information.--The term ``user information'' means any information that-- (A) a provider of a covered service acquires in connection with the provision of such service; and (B) is linked or reasonably linkable to an individual. SEC. 7. RELATIONSHIP TO OTHER LAW. (a) Preemption of State Law.--No State or political subdivision of a State shall, with respect to a provider of a covered service subject to this Act, adopt, maintain, enforce, or impose or continue in effect any law, rule, regulation, duty, requirement, standard, or other provision having the force and effect of law relating to or with respect to the privacy of user information. (b) Other Federal Law.-- (1) In general.--Except as provided in paragraph (2), nothing in this Act shall be construed to supercede any other Federal statute or regulation relating to information privacy. (2) Communications act of 1934.--Insofar as any provision of the Communications Act of 1934 (47 U.S.C. 151 et seq.) or any regulations promulgated under such Act apply to any person, partnership, or corporation subject to this Act with respect to privacy policies, terms of service, and practices covered by this Act, such provision of the Communications Act of 1934 or such regulations shall have no force or effect, unless such regulations pertain to emergency services.

Balancing the Rights Of Web Surfers Equally and Responsibly Act of 2017 or the BROWSER Act of 2017 This bill authorizes the Federal Trade Commission to enforce information privacy protections that require broadband Internet access services and certain websites or mobile applications providing subscription, account, purchase, or search engine services to allow users to opt-in or opt-out of the use, disclosure, or access to their user information depending on the sensitivity of the information. Opt-in approval through the user's express consent must be obtained for the use of sensitive information that is: financial information, health information, about children under 13, Social Security numbers, precise geo-location information, content of communications, web browsing history, or history of usage of a software program or mobile application. Opt-out approval must be provided for the use of non-sensitive user information under a method in which users are deemed to have consented if they fail to object after being provided notice of privacy policies. The bill allows a service provider to use information without approval for specified purposes, including for services necessary for provision of the service and to initiate, render, bill, and collect for the service. Service providers must allow users to grant, deny, or withdraw approval at any time. The bill prohibits providers from conditioning service on a user's agreement to waive privacy rights.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Alternative Fuels Promotion Act''. SEC. 2. FINDINGS. The Senate finds the following: (1)(A) Since 1994, the United States has imported over half its oil. (B) Without efforts to mitigate this dependence on foreign oil, the percentage of oil imported is expected to grow to all- time highs. (C) This reliance on foreign oil presents a national security risk, which Congress should address through policy changes designed to increase the use of domestically-available alternative transportation fuels. (2)(A) The importing of a majority of the oil used in the United States contributes negatively to the balance of trade of the United States. (B) Assuring the Nation's economic security demands the development and promotion of domestically-available alternative transportation fuels. (3)(A) The reliance on oil as a transportation fuel has numerous negative environmental consequences, including increasing air pollution and greenhouse gas emissions. (B) Developing alternative transportation fuels will help address these environmental impacts by reducing emissions. (4) In order to encourage installation of alternative fueling infrastructure, and make alternative fuels economically favorable to the producer, distributor, marketer, and consumer, tax credits provided at the point of distribution into an alternative fuel vehicle are necessary. (5)(A) In the short-term, United States alternative fuel policy must be made fuel neutral. (B) Fuel neutrality will foster private innovation and commercialization using the most technologically feasible and economic fuels available. (C) This will allow market forces to decide the alternative fuel winners and losers. (6)(A) Tax credits which have been in place have led to increases in the quantity and quality of alternative fuel technology available today. (B) Extending these credits is an efficient means of promoting alternative fuel vehicles and alternative fueling infrastructures. (7)(A) The Federal fleet is one of the best customers for alternative fuel vehicles due to its combination of large purchasing power, tight record keeping, geographic diversity, and high fuel usage. (B) For these reasons, the National Energy Policy Act of 1991 required Federal fleets to purchase certain numbers of alternatively-fueled vehicles. (C) In most cases, these requirements have not been met. (D) Efforts must be made to ensure that all Federal agencies comply with Federal fleet purchase requirement laws and executive orders. TITLE I--TAX INCENTIVES SEC. 101. CREDIT FOR QUALIFIED ELECTRIC VEHICLES. (a) Increased Credit for Vehicles Which Meet Certain Range Requirements.-- (1) In general.--Section 30(a) of the Internal Revenue Code of 1986 (relating to allowance of credit) is amended to read as follows: ``(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 an amount equal to the sum of-- ``(A) 10 percent of the cost of any qualified electric vehicle placed in service by the taxpayer during the taxable year, plus ``(B) in the case of any such vehicle also meeting the requirement described in paragraph (2), $5,000. ``(2) Range requirement.--The requirement described in this paragraph is a driving range of at least 100 miles-- ``(A) on a single charge of the vehicle's rechargeable batteries, fuel cells, or other portable source of electrical current, and ``(B) measured pursuant to the urban dynamometer schedules under appendix I to part 86 of title 40, Code of Federal Regulations.''. (2) Conforming amendment.--Section 30(b)(1) of the Internal Revenue Code of 1986 is amended by striking ``subsection (a)'' and inserting ``subsection (a)(1)(A)''. (b) Credit Extended Through 2010.-- (1) In general.--Section 30(e) of the Internal Revenue Code of 1986 (relating to termination) is amended by striking ``2004'' and inserting ``2010''. (2) Conforming amendments.--Section 30(b)(2) of such Code (relating to phaseout) is amended-- (A) by striking ``2002'' in subparagraph (A) and inserting ``2008'', (B) by striking ``2003'' in subparagraph (B) and inserting ``2009'', and (C) by striking ``2004'' in subparagraph (C) and inserting ``2010''. (c) Effective Date.--The amendments made by this section shall apply to property placed in service after the date of enactment of this Act. SEC. 102. ADDITIONAL DEDUCTION FOR COST OF INSTALLATION OF ALTERNATIVE FUELING STATIONS. (a) In General.--Subparagraph (A) of section 179A(b)(2) of the Internal Revenue Code of 1986 (relating to qualified clean-fuel vehicle refueling property) is amended to read as follows: ``(A) In general.--The aggregate cost which may be taken into account under subsection (a)(1)(B) with respect to qualified clean-fuel vehicle refueling property placed in service during the taxable year at a location shall not exceed the sum of-- ``(i) with respect to costs not described in clause (ii), the excess (if any) of-- ``(I) $100,000, over ``(II) the aggregate amount of such costs taken into account under subsection (a)(1)(B) by the taxpayer (or any related person or predecessor) with respect to property placed in service at such location for all preceding taxable years, plus ``(ii) the lesser of-- ``(I) the cost of the installation of such property, or ``(II) $30,000.''. (b) Effective Date.--The amendment made by this section shall apply to property placed in service after the date of enactment of this Act. SEC. 103. CREDIT FOR RETAIL SALE OF CLEAN BURNING FUELS AS MOTOR VEHICLE FUEL. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business related credits) is amended by inserting after section 40 the following: ``SEC. 40A. CREDIT FOR RETAIL SALE OF CLEAN BURNING FUELS AS MOTOR VEHICLE FUEL. ``(a) General Rule.--For purposes of section 38, the clean burning fuel retail sales credit of any taxpayer for any taxable year is 50 cents for each gasoline gallon equivalent of clean burning fuel sold at retail by the taxpayer during such year as a fuel to propel any qualified motor vehicle. ``(b) Definitions.--For purposes of this section-- ``(1) Clean burning fuel.--The term `clean burning fuel' means natural gas, compressed natural gas, liquefied natural gas, liquefied petroleum gas, hydrogen, and any liquid at least 85 percent of which consists of methanol. ``(2) Gasoline gallon equivalent.--The term `gasoline gallon equivalent' means, with respect to any clean burning fuel, the amount (determined by the Secretary) of such fuel having a Btu content of 114,000. ``(3) Qualified motor vehicle.--The term `qualified motor vehicle' means any motor vehicle (as defined in section 179A(e)) which meets any applicable Federal or State emissions standards with respect to each fuel by which such vehicle is designed to be propelled. ``(4) Sold at retail.-- ``(A) In general.--The term `sold at retail' means the sale, for a purpose other than resale, after manufacture, production, or importation. ``(B) Use treated as sale.--If any person uses clean burning fuel as a fuel to propel any qualified motor vehicle (including any use after importation) before such fuel is sold at retail, then such use shall be treated in the same manner as if such fuel were sold at retail as a fuel to propel such a vehicle by such person. ``(c) No Double Benefit.--The amount of the credit determined under subsection (a) shall be reduced by the amount of any deduction or credit allowable under this chapter for fuel taken into account in computing the amount of such credit. ``(d) Termination.--This section shall not apply to any fuel sold at retail after December 31, 2007.''. (b) Credit Treated as Business Credit.--Section 38(b) of the Internal Revenue Code of 1986 (relating to current year business credit) is amended by striking ``plus'' at the end of paragraph (11), by striking the period at the end of paragraph (12) and inserting ``, plus'', and by adding at the end the following: ``(13) the clean burning fuel retail sales credit determined under section 40A(a).''. (c) Transitional Rule.--Section 39(d) of the Internal Revenue Code of 1986 (relating to transitional rules) is amended by adding at the end the following: ``(9) No carryback of section 40a credit before effective date.--No portion of the unused business credit for any taxable year which is attributable to the clean burning fuel retail sales credit determined under section 40A(a) may be carried back to a taxable year ending before January 1, 1999.''. (d) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 40 the following: ``Sec. 40A. Credit for retail sale of clean burning fuels as motor vehicle fuel.''. (e) Effective Date.--The amendments made by this section shall apply to fuel sold at retail after December 31, 1999, in taxable years ending after such date. TITLE II--PROGRAM EFFICIENCIES SEC. 201. EXCEPTION TO HOV PASSENGER REQUIREMENTS FOR ALTERNATIVE FUEL VEHICLES. Section 102(a) of title 23, United States Code, is amended by inserting ``(unless, at the discretion of the State highway department, the vehicle operates on, or is fueled by, an alternative fuel (as defined in section 301 of Public Law 102-486 (42 U.S.C. 13211(2)))'' after ``required''.

Title II: Program Efficiencies - Amends Federal law concerning HOV passenger requirements to permit an exception for alternative fuel vehicles.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Electricity and Environmental Technology Research and Development Act''. SEC. 2. FINDINGS. Congress finds that-- (1) reliable, affordable, increasingly clean electricity will continue to power the growing United States economy; (2) an increasing use of electrotechnologies, the desire for continuous environmental improvement, a more competitive electricity market, and concerns about rising energy prices add importance to the need for reliable, affordable, increasingly clean electricity; (3) coal, which, as of the date of enactment of this Act, accounts for more than \1/2\ of all electricity generated in the United States, is the most abundant fossil energy resource of the United States; (4) coal comprises more than 85 percent of all fossil resources in the United States and exists in quantities sufficient to supply the United States for 250 years at current usage rates; (5) investments in electricity generating facility emissions control technology over the past 30 years have reduced the aggregate emissions of pollutants from coal-based generating facilities by 21 percent, even as coal use for electricity generation has nearly tripled; (6) continuous improvement in efficiency and environmental performance from electricity generating facilities would allow continued use of coal and preserve less abundant energy resources for other energy uses; (7) new technologies for converting coal into electricity can effectively eliminate health-threatening emissions and improve efficiency by as much as 50 percent, but initial commercial deployment of new coal generation technologies entails significant risk that generators may be unable to accept in a newly competitive electricity market; and (8) continued environmental improvement in coal-based generation through continued research, development, and demonstration toward an ultimate goal of near-zero emissions is important and desirable. SEC. 3. DEFINITIONS. In this Act: (1) Cost and performance goals.--The term ``cost and performance goals'' means the cost and performance goals established under section 4. (2) Secretary.--The term ``Secretary'' means the Secretary of Energy. SEC. 4. TECHNOLOGY ASSESSMENT. (a) In General.--The Secretary shall perform an assessment that establishes cost and performance goals with respect to technologies that would permit the continued cost-competitive use of coal for electricity generation, as chemical feedstocks, and as transportation fuel in 2007, 2015, and 2020. (b) Consultation.--In establishing the cost and performance goals, the Secretary shall consult with representatives of-- (1) the United States coal industry; (2) State coal development agencies; (3) the electric utility industry; (4) railroads and other transportation industries; (5) manufacturers of equipment using advanced coal technologies; (6) organizations representing workers; (7) organizations formed to-- (A) promote the use of coal; (B) further the goals of environmental protection; and (C) promote the development and use of advanced coal technologies; and (8) other appropriate Federal and State agencies. (c) Timing.--The Secretary shall-- (1) not later than 120 days after the date of enactment of this Act, issue a set of draft cost and performance goals for public comment; and (2) not later than 180 days after the date of enactment of this Act, after taking into consideration any public comments received, submit to Congress the final cost and performance goals. SEC. 5. STUDY. (a) In General.--Not later than 1 year after the date of enactment of this Act, and once every 2 years thereafter through 2016, the Secretary, in cooperation with the Secretary of the Interior and the Administrator of the Environmental Protection Agency, shall transmit to the Congress a report containing the results of a study to-- (1) identify technologies that, by themselves or in combination with other technologies, may be capable of achieving the cost and performance goals; (2) assess the costs that would be incurred by, and the period of time that would be required for, the development and demonstration of technologies that, by themselves or in combination with other technologies, contribute to the achievement of the cost and performance goals; (3) develop recommendations for technology development programs, which the Department of Energy could carry out in cooperation with industry, to develop and demonstrate technologies that, by themselves or in combination with other technologies, achieve the cost and performance goals; and (4) develop recommendations for additional authorities required to achieve the cost and performance goals. (b) Expert Advice.--In carrying out this section, the Secretary shall give due weight to the expert advice of representatives of the entities described in section 4(b). SEC. 6. TECHNOLOGY RESEARCH AND DEVELOPMENT PROGRAM. (a) In General.--The Secretary shall carry out a program of research on and development, demonstration, and commercial application of coal-based technologies under-- (1) this Act; (2) the Federal Nonnuclear Energy Research and Development Act of 1974 (42 U.S.C. 5901 et seq.); (3) the Energy Reorganization Act of 1974 (42 U.S.C. 5801 et seq.); and (4) title XIII of the Energy Policy Act of 1992 (42 U.S.C. 13331 et seq.). (b) Conditions.--The research, development, demonstration, and commercial application program described in subsection (a) shall be designed to achieve the cost and performance goals. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated to the Secretary to carry out sections 4, 5, and 6, $100,000,000 for each of the fiscal years 2002 through 2012, to remain available until expended. (b) Conditions of Authorization.--The authorization of appropriations under subsection (a)-- (1) shall be in addition to authorizations of appropriations in effect on the date of enactment of this Act; and (2) shall not be a cap on Department of Energy fossil energy research and development and clean coal technology appropriations. SEC. 8. CLEAN COAL POWER COMMERCIAL APPLICATIONS INITIATIVE. (a) In General.--The Secretary shall establish a clean coal power commercial applications initiative that will demonstrate commercial applications of advanced coal-based technologies applicable to new or existing power plants, including coproduction plants. (b) Requirements.--The technologies to be demonstrated under the initiative-- (1) shall be technologies that, by themselves or in combination with other technologies, advance efficiency, environmental performance, and cost competitiveness well beyond that which is in operation or has been demonstrated as of the date of enactment of this Act; and (2) may include technologies that have not previously been envisioned for commercial applications. (c) Plan.--Not later than 120 days after the date of enactment of this Act, the Secretary shall transmit to Congress a plan to carry out subsection (a) that includes a description of-- (1) the program elements and management structure to be used; (2) the technical milestones to be achieved with respect to each of the advanced coal-based technologies included in the plan; and (3) the demonstration activities proposed to be conducted at facilities that serve or are located at new or existing coal-based electric generation units having at least 50 megawatts nameplate rating, including improvements to allow the units to achieve 1 or more of the following: (A) An overall design efficiency improvement of not less than 3 percent as compared with the efficiency of the unit as operated as of the date of enactment of this Act and before any retrofit, repowering, replacement, or installation. (B) A significant improvement in, or new alternative technology to enhance, the environmental performance related to the control of sulfur dioxide, nitrogen oxide, or mercury in a manner that is different and well below the cost of technologies that are in operation or have been demonstrated as of the date of enactment of this Act. (C) A means of recycling or reusing a significant portion of coal combustion or gasification wastes or byproducts produced by coal-based generating units, excluding practices that are commercially available as of the date of enactment of this Act. (D) A means to capture, separate, and reuse or dispose of carbon dioxide that is different and well below the cost of technologies that are in operation or have been demonstrated as of the date of enactment of this Act. SEC. 9. FINANCIAL ASSISTANCE. (a) In General.--Not later than 180 days after the date on which the Secretary transmits to Congress the plan under section 8(c), the Secretary shall solicit proposals for projects that serve or are located at new or existing facilities designed to achieve 1 or more of the levels of performance set forth in section 8(c)(3). (b) Project Criteria.--A solicitation under subsection (a) may include solicitation of a proposal for a project to demonstrate-- (1) an overall design efficiency improvement of not less 3 percentage points as compared with the efficiency of the unit as operated as of the date of enactment of this Act and with no increase in the potential to emit sulfur dioxide, nitrogen oxide, particulate matter, mercury, or carbon monoxide; (2) a reduction of emissions to a level of not more than-- (A)(i) in the case of sulfur dioxide-- (I) in the case of coal with a potential combustion concentration sulfur emission of 1.2 or more pounds per million British thermal units of heat input, 5 percent of the potential combustion concentration sulfur dioxide emissions; or (II) in the case of a coal with a potential combustion concentration of less than 1.2 pounds of per million British thermal units of heat input, 15 percent of the potential combustion concentration of sulfur dioxide emissions; (ii) in the case of nitrogen oxide-- (I) in the case of a boiler other than a cyclone-fired boiler, emissions of 0.1 pound per million British thermal units of heat; or (II) in the case of a cyclone-fired boiler, 15 percent of the uncontrolled nitrogen oxide emissions from the boiler; or (iii) in the case of particulate matter, emissions of 0.02 pound per million British thermal units of heat input; or (B) the emission levels for the pollutants identified in subparagraph (A) that are specified in the new source performance standards of the Clean Air Act (42 U.S.C. 7411) in effect at the time of construction, installation, or retrofitting of the advanced coal-based technology for the category of source if they are lower than the levels specified in subparagraph (A); or (3) the production of coal combustion byproducts that are capable of obtaining economic values significantly greater than byproducts produced as of the date of enactment of this Act with no increase in the potential to emit sulfur dioxide, nitrogen oxide, particulate matter, mercury, or carbon monoxide. (c) Financial Assistance.--The Secretary shall provide financial assistance to projects that-- (1) demonstrate overall cost reductions in the utilization of coal to generate useful forms of energy; (2) improve the competitiveness of coal among various forms of energy in order to maintain a diversity of fuel choices in the United States to meet electricity generation requirements; (3) achieve, in a cost-effective manner, 1 or more of the criteria described in the solicitation; and (4) demonstrate technologies that are applicable to 25 percent of the electricity generating facilities that use coal as the primary feedstock as of the date of enactment of this Act. (d) Federal Share.--The Federal share of the cost of a project funded under this section shall not exceed 50 percent. (e) Funding.-- (1) Authorization of appropriations.--Except as provided in paragraph (2), there are authorized to be appropriated to the Secretary to carry out this section $100,000,000 for each of the fiscal years 2002 through 2012, to remain available until expended. (2) Alternative funding sources.--To carry out this section, the Secretary may use any unobligated funds available to the Secretary for fossil energy programs, and any funds obligated to any project selected under the clean coal technology program that become unobligated. Appropriations under paragraph (1) for a fiscal year shall be reduced by the amount of any funds used under this paragraph.

National Electricity and Environmental Technology Research and Development Act - Directs the Secretary of Energy to: (1) perform an assessment that establishes cost and performance goals with respect to technologies that would permit the continued cost-competitive use of coal for electricity generation, as chemical feedstocks, and as transportation fuel in 2007, 2015, and 2020; (2) biennially transmit to Congress the results of a study to identify technologies capable of achieving specified cost and performance goals; and (3) carry out under specified Federal law a program of research on and development, demonstration, and commercial application of coal-based technologies.Directs the Secretary to establish a clean coal power commercial applications initiative to demonstrate commercial applications of advanced coal-based technologies for new or existing power plants, including coproduction plants. Provides for financial assistance to initiative projects.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Domestic Offshore Energy Security Act of 2008'' or the ``DOES Act''. SEC. 2. DEVELOPMENT AND INVENTORY OF CERTAIN OUTER CONTINENTAL SHELF RESOURCES. (a) Definition of United States Person.--In this section, the term ``United States person'' means-- (1) any United States citizen or alien lawfully admitted for permanent residence in the United States; and (2) any person other than an individual, if 1 or more individuals described in paragraph (1) own or control at least 51 percent of the securities or other equity interest in the person. (b) Authorization of Activities and Exports Involving Hydrocarbon Resources by United States Persons.--Notwithstanding any other provision of law (including a regulation), United States persons (including agents and affiliates of those United States persons) may-- (1) engage in any transaction necessary for the exploration for and extraction of hydrocarbon resources from any portion of any foreign exclusive economic zone that is contiguous to the exclusive economic zone of the United States; and (2) export without license authority all equipment necessary for the exploration for or extraction of hydrocarbon resources described in paragraph (1). (c) Travel in Connection With Authorized Hydrocarbon Exploration and Extraction Activities.--Section 910 of the Trade Sanctions Reform and Export Enhancement Act of 2000 (22 U.S.C. 7209) is amended by inserting after subsection (b) the following: ``(c) General License Authority for Travel-Related Expenditures by Persons Engaging in Hydrocarbon Exploration and Extraction Activities.-- ``(1) In general.--The Secretary of the Treasury shall, authorize under a general license the travel-related transactions listed in section 515.560(c) of title 31, Code of Federal Regulations, for travel to, from or within Cuba in connection with exploration for and the extraction of hydrocarbon resources in any part of a foreign maritime Exclusive Economic Zone that is contiguous to the United States' Exclusive Economic Zone. ``(2) Persons authorized.--Persons authorized to travel to Cuba under this section include full-time employees, executives, agents, and consultants of oil and gas producers, distributors, and shippers.''. (d) Moratorium of Oil and Gas Leasing in Certain Areas of the Gulf of Mexico.-- (1) In general.--Section 104(a) of the Gulf of Mexico Energy Security Act of 2006 (43 U.S.C. 1331 note; Public Law 109-432) is amended-- (A) by striking paragraph (1); (B) in paragraph (2), by striking ``125 miles'' and inserting ``45 miles''; (C) in paragraph (3), by striking ``100 miles'' each place it appears and inserting ``45 miles''; and (D) by redesignating paragraphs (2) and (3) as paragraphs (1) and (2), respectively. (2) Regulations.-- (A) In general.--The Secretary of the Interior shall promulgate regulations that establish appropriate environmental safeguards for the exploration and production of oil and natural gas on the outer Continental Shelf. (B) Minimum requirements.--At a minimum, the regulations shall include-- (i) provisions requiring surety bonds of sufficient value to ensure the mitigation of any foreseeable incident; (ii) provisions assigning liability to the leaseholder in the event of an incident causing damage or loss, regardless of the negligence of the leaseholder or lack of negligence; (iii) provisions no less stringent than those contained in the Spill Prevention, Control, and Countermeasure regulations promulgated under the Oil Pollution Act of 1990 (33 U.S.C. 2701 et seq.); (iv) provisions ensuring that-- (I) no facility for the exploration or production of resources is visible to the unassisted eye from any shore of any coastal State; and (II) the impact of offshore production facilities on coastal vistas is otherwise mitigated; (v) provisions to ensure, to the maximum extent practicable, that exploration and production activities will result in no significant adverse effect on fish or wildlife (including habitat), subsistence resources, or the environment; and (vi) provisions that will impose seasonal limitations on activity to protect breeding, spawning, and wildlife migration patterns. (3) Conforming amendment.--Section 105 of the Department of the Interior, Environment, and Related Agencies Appropriations Act, 2006 (Public Law 109-54; 119 Stat. 521) (as amended by section 103(d) of the Gulf of Mexico Energy Security Act of 2006 (43 U.S.C. 1331 note; Public Law 109-432)) is amended by inserting ``and any other area that the Secretary of the Interior may offer for leasing, preleasing, or any related activity under section 104 of that Act'' after ``2006)''. (e) Inventory of Outer Continental Shelf Oil and Natural Gas Resources Off Southeastern Coast of the United States.-- (1) In general.--The Secretary of the Interior (referred to in this subsection as the ``Secretary'') may conduct an inventory of oil and natural gas resources beneath the waters of the outer Continental Shelf (as defined in section 2 of the Outer Continental Shelf Lands Act (43 U.S.C. 1331)) off of the coast of the States of Virginia, North Carolina, South Carolina, or Georgia in accordance with this subsection. (2) Best available technology.--In conducting the inventory, the Secretary shall use the best technology available to obtain accurate resource estimates. (3) Request by governor.--The Secretary may conduct an inventory under this subsection off the coast of a State described in paragraph (1) only if the Governor of the State requests the inventory. (4) Reports.--The Secretary shall submit to Congress and the requesting Governor a report on any inventory conducted under this subsection. (5) Authorization of appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this subsection. (f) Enhanced Oil Recovery.--Section 354(c)(4)(B) of the Energy Policy Act of 2005 (42 U.S.C. 15910(c)(4)(B)) is amended-- (1) in clause (iii), by striking ``and'' at the end; (2) in clause (iv), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(v) are carried out in geologically challenging fields.''. SEC. 3. SUSPENSION OF PETROLEUM ACQUISITION FOR STRATEGIC PETROLEUM RESERVE. (a) In General.--Except as provided in subsection (b) and notwithstanding any other provision of law, during calendar year 2008-- (1) the Secretary of the Interior shall suspend acquisition of petroleum for the Strategic Petroleum Reserve through the royalty-in-kind program; and (2) the Secretary of Energy shall suspend acquisition of petroleum for the Strategic Petroleum Reserve through any other acquisition method. (b) Resumption.--Not earlier than 30 days after the date on which the President notifies Congress that the President has determined that the weighted average price of petroleum in the United States for the most recent 90-day period is $75 or less per barrel-- (1) the Secretary of the Interior may resume acquisition of petroleum for the Strategic Petroleum Reserve through the royalty-in-kind program; and (2) the Secretary of Energy may resume acquisition of petroleum for the Strategic Petroleum Reserve through any other acquisition method.

Domestic Offshore Energy Security Act of 2008, or the DOES Act - Permits United States persons to: (1) engage in exploration and extraction of hydrocarbon resources from any portion of any foreign exclusive economic zone contiguous to the exclusive economic zone of the United States; and (2) export without license authority all pertinent equipment for such activity. Amends the Trade Sanctions Reform and Export Enhancement Act of 2000 to direct the Secretary of the Treasury to authorize travel-related transactions for travel to, from, or within Cuba in connection with exploration and extraction of hydrocarbon resources in any part of a foreign maritime Exclusive Economic Zone contiguous to the U.S. Exclusive Economic Zone. Identifies as persons authorized to travel to Cuba any full-time employees, executives, and agents and consultants of oil and gas producers, distributors, and shippers. Amends the Gulf of Mexico Energy Security Act of 2006 to: (1) repeal the moratorium on oil and gas leasing east of the Military Mission Line in the Gulf of Mexico; and (2) decrease to 45 miles within the coastline of Florida the moratorium on oil and gas leasing. Instructs the Secretary of the Interior to promulgate regulations that establish environmental safeguards for oil and natural gas exploration and production on the outer Continental Shelf. Authorizes such Secretary to inventory the oil and natural gas resources beneath the waters of the outer Continental Shelf off the coasts of Virginia, North Carolina, South Carolina, or Georgia, only if the respective state governor requests it. Amends the Energy Policy Act of 2005 to instruct the Secretary of Energy, in evaluating applications for enhanced oil and natural gas production through carbon dioxide injection, to grant priority consideration to applications carried out in geologically challenging fields. Requires the Secretaries of the Interior and of Energy (Secretaries) to suspend acquisition of petroleum for the Strategic Petroleum Reserve (SPR) during calendar 2008. Authorizes the Secretaries to resume such acquisition after the President notifies Congress that the weighted average price of petroleum in the United States for the most recent 90-day period is $75 or less per barrel.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Depository Institutions Disaster Relief Act of 1994''. SEC. 2. TRUTH IN LENDING ACT; EXPEDITED FUNDS AVAILABILITY ACT. (a) Truth in Lending Act.--During the 180-day period beginning on the date of enactment of this Act, the Board of Governors of the Federal Reserve System may make exceptions to the Truth in Lending Act for transactions within an area in which the President, pursuant to section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, has determined that a major disaster exists, or within an area determined to be eligible for disaster relief under other Federal law, by reason of damage related to the 1994 earthquakes in California, if the Board determines that the exception can reasonably be expected to alleviate hardships to the public resulting from such disaster that outweigh possible adverse effects. (b) Expedited Funds Availability Act.--During the 180-day period beginning on the date of enactment of this Act, the Board of Governors of the Federal Reserve System may make exceptions to the Expedited Funds Availability Act for depository institution offices located within any area referred to in subsection (a) of this section if the Board determines that the exception can reasonably be expected to alleviate hardships to the public resulting from the disaster referred to in such subsection that outweigh possible adverse effects. (c) Time Limit on Exceptions.--Any exception made under this section shall expire not later than the earlier of-- (1) 1 year after the date of enactment of this Act; or (2) 1 year after the date of any determination referred to in subsection (a). (d) Publication Required.--The Board of Governors of the Federal Reserve System shall publish in the Federal Register a statement that-- (1) describes any exception made under this section; and (2) explains how the exception can reasonably be expected to produce benefits to the public that outweigh possible adverse effects. SEC. 3. DEPOSIT OF INSURANCE PROCEEDS. (a) In General.--The appropriate Federal banking agency may, by order, permit an insured depository institution, during the 18-month period beginning on the date of enactment of this Act, to subtract from the institution's total assets, in calculating compliance with the leverage limit prescribed under section 38 of the Federal Deposit Insurance Act, an amount not exceeding the qualifying amount attributable to insurance proceeds, if the agency determines that-- (1) the institution-- (A) had its principal place of business within an area in which the President, pursuant to section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, has determined that a major disaster exists, or within an area determined to be eligible for disaster relief under other Federal law by reason of damage related to the 1994 earthquakes in California, on the day before the date of any such determination; (B) derives more than 60 percent of its total deposits from persons who normally reside within, or whose principal place of business is normally within, areas of intense devastation caused by the major disaster; (C) was adequately capitalized (as defined in section 38 of the Federal Deposit Insurance Act) before the major disaster; and (D) has an acceptable plan for managing the increase in its total assets and total deposits; and (2) the subtraction is consistent with the purpose of section 38 of the Federal Deposit Insurance Act. (b) Definitions.--For purposes of this section, the following definitions shall apply: (1) Appropriate federal banking agency.--The term ``appropriate Federal banking agency'' has the same meaning as in section 3 of the Federal Deposit Insurance Act. (2) Insured depository institution.--The term ``insured depository institution'' has the same meaning as in section 3 of the Federal Deposit Insurance Act. (3) Leverage limit.--The term ``leverage limit'' has the same meaning as in section 38 of the Federal Deposit Insurance Act. (4) Qualifying amount attributable to insurance proceeds.-- The term ``qualifying amount attributable to insurance proceeds'' means the amount (if any) by which the institution's total assets exceed the institution's average total assets during the calendar quarter ending before the date of any determination referred to in subsection (a)(1)(A), because of the deposit of insurance payments or governmental assistance made with respect to damage caused by, or other costs resulting from, the major disaster. SEC. 4. BANKING AGENCY PUBLICATION REQUIREMENTS. (a) In General.--During the 180-day period beginning on the date of enactment of this Act, a qualifying regulatory agency may take any of the following actions with respect to depository institutions or other regulated entities whose principal place of business is within, or with respect to transactions or activities within, an area in which the President, pursuant to section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, has determined that a major disaster exists, or within an area determined to be eligible for disaster relief under other Federal law by reason of damage related to the 1994 earthquakes in California, if the agency determines that the action would facilitate recovery from the major disaster: (1) Procedure.--Exercising the agency's authority under provisions of law other than this section without complying with-- (A) any requirement of section 553 of title 5, United States Code; or (B) any provision of law that requires notice or opportunity for hearing or sets maximum or minimum time limits with respect to agency action. (2) Publication requirements.--Making exceptions, with respect to institutions or other entities for which the agency is the primary Federal regulator, to-- (A) any publication requirement with respect to establishing branches or other deposit-taking facilities; or (B) any similar publication requirement. (b) Publication Required.--A qualifying regulatory agency shall publish in the Federal Register a statement that-- (1) describes any action taken under this section; and (2) explains the need for the action. (c) Qualifying Regulatory Agency Defined.--For purposes of this section, the term ``qualifying regulatory agency'' means-- (1) the Board of Governors of the Federal Reserve System; (2) the Comptroller of the Currency; (3) the Director of the Office of Thrift Supervision; (4) the Federal Deposit Insurance Corporation; (5) the Financial Institutions Examination Council; (6) the National Credit Union Administration; and (7) with respect to chapter 53 of title 31, United States Code, the Secretary of the Treasury. SEC. 5. STUDY; REPORT TO THE CONGRESS. (a) Study.--The Comptroller General of the United States shall conduct a study that-- (1) examines how the agencies and entities granted authority by the Depository Institutions Disaster Relief Act of 1993, and by this Act have exercised such authority; (2) evaluates the utility of such Acts in facilitating recovery from disasters consistent with the safety and soundness of depository institutions; and (3) contains recommendations with respect to whether the authority granted by this Act should be made permanent. (b) Report to the Congress.--Not later than 18 months after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Congress a report on the results of the study required by subsection (a). SEC. 6. SENSE OF THE CONGRESS. It is the sense of the Congress that the Board of Governors of the Federal Reserve System, the Comptroller of the Currency, the Director of the Office of Thrift Supervision, the Federal Deposit Insurance Corporation, and the National Credit Union Administration should encourage depository institutions meet the financial services needs of their communities and customers located in areas affected by the 1994 earthquakes in California. SEC. 7. OTHER AUTHORITY NOT AFFECTED. No provision of this Act shall be construed as limiting the authority of any department or agency under any other provision of law.

Depository Institutions Disaster Relief Act of 1994 - Authorizes the Board of Governors of the Federal Reserve System (the Board) to make exceptions to the Truth in Lending Act and the Expedited Funds Availability Act for transactions within an area determined by the President to be eligible for disaster relief due to the 1994 earthquake damage in California, if the Board determines that the exception can reasonably be expected to alleviate hardships to the public resulting from such disaster that outweight possible adverse effects. Cites conditions under which: (1) a Federal banking agency may permit an insured depository institution within the earthquake area to subtract from its total assets, for purposes of complying with statutory leverage limits, the qualifying amount attributable to insurance proceeds; and (2) a qualifying regulatory agency may make exceptions to statutory procedural and publication requirements for regulated entities within the earthquake area. Directs the Comptroller General to report to the Congress concerning the effectiveness and possible permanent extension of the authorities granted under this Act. Expresses the sense of the Congress that the Federal regulatory agencies should encourage depository institutions to meet the financial services needs of their communities and customers within the earthquake areas.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Space Exploration, Development, and Settlement Act of 2016''. SEC. 2. FINDINGS. The Congress finds that-- (1) America's activities in space have challenged mankind to travel beyond planet Earth and have provided us the opportunity to expand human knowledge, to extend the limits of human consciousness, and to improve the human condition; (2) Section 217(a) of the National Aeronautics and Space Administration Authorization Act, Fiscal Year 1989 states, ``The Congress declares that the extension of human life beyond Earth's atmosphere, leading ultimately to the establishment of space settlements, will fulfill the purposes of advancing science, exploration, and development and will enhance the general welfare.''; (3) numerous independent commissions, chartered by Congress or established by the President, have declared space settlements as a long-range objective of the American space program; (4) exploring, developing, and settling new physical areas are parts of our heritage and will most assuredly be parts of our future; (5) United States space policy requires long-range goals and strategic direction in order to provide context for near- term space projects and programs; (6) increasing awareness of planetary-scale existential risks to human civilization and the survival of the species make it prudent to develop a means to diversify the human population beyond Earth; (7) the development of space will create new jobs, catalyze new industries, accelerate innovation and new technologies, and enable America to tap vast new resources that will generate new wealth, enhance national security, and provide Americans with new and limitless opportunities; (8) the establishment of space settlements will inspire generations of future Americans; (9) the human settlement of space is fully consistent with the policies and objectives articulated in the National Aeronautics and Space Act of 1958; and (10) the adoption of a ``pioneering'' orientation by the National Aeronautics and Space Administration is an essential step toward enabling the establishment of space settlements. SEC. 3. AMENDMENTS TO THE NATIONAL AERONAUTICS AND SPACE ACT. (a) Declaration of Policy and Purpose.--Section 20102 of title 51, United States Code, is amended-- (1) by redesignating subsections (d) through (h) as subsections (e) through (i), respectively; (2) by inserting after subsection (c) the following new subsection: ``(d) Exploration, Development, and Settlement of Space.--The Congress declares that expanding permanent human presence beyond low- Earth orbit in a way that enables human settlement and a thriving space economy will enhance the general welfare of the United States and requires the Administration to encourage and support the development of permanent space settlements.''; (3) in subsection (e), as so redesignated by paragraph (1) of this subsection, by inserting after paragraph (9) the following new paragraph: ``(10) The expansion of permanent human presence beyond low-Earth orbit in a way that enables human settlement and a thriving space economy.''; and (4) in subsection (i), as so redesignated by paragraph (1) of this subsection, by striking ``to (g)'' and inserting in lieu thereof ``to (h)''. (b) Definitions.--Section 20103 of title 51, United States Code, is amended-- (1) by inserting, in paragraph (1)(D), ``and development'' after ``exploration''; and (2) by adding at the end the following new paragraph: ``(3) Space settlement.--The term `space settlement' means any community of humans living beyond Earth's atmosphere that is able to economically sustain its population through a neutral or positive balance of trade of goods and services, and is able to expand its habitable real estate as need and desire of the community may warrant and international law permits.''. SEC. 4. SPACE SETTLEMENT ACTIVITIES. (a) Space Development and Settlement Information.--Consistent with the national security interests of the United States, the National Aeronautics and Space Administration shall, in close cooperation with other appropriate agencies, the private sector, academia, and the international community, obtain, produce, and provide information relating to all issues important for the development of a thriving space economy and the development and establishment of human space settlements. (b) Report.--Once every two years after the date of enactment of this Act, the Administrator shall submit a report to the President, the Committee on Science, Space, and Technology of the House of Representatives, and the Committee on Commerce, Science, and Transportation of the Senate which describes the progress made toward expanding permanent human presence beyond low-Earth orbit in a way that enables human settlement and a thriving space economy. (c) Metrics.--The National Aeronautics and Space Administration shall, as part of its first report as required by subsection (b), include one or more metrics by which to determine progress made toward space settlement against which all subsequent reports as required by subsection (b) shall be compared. The metrics may be revised as appropriate over time to reflect emerging technological, economic, and other trends. SEC. 5. REVIEW OF NATIONAL SPACE POLICY AS IT MAY RELATE TO SPACE SETTLEMENT AND A THRIVING SPACE ECONOMY. It is the sense of Congress that the President should conduct a review of national space policy to incorporate as a long-term goal of the human spaceflight and exploration program to expand human presence beyond low-Earth orbit in a way that will enable human settlement and a thriving space economy.

Space Exploration, Development, and Settlement Act of 2016 This bill requires the National Aeronautics and Space Administration (NASA) to encourage and support the development of permanent space settlements. Expanding permanent human presence beyond low-Earth orbit in a way that enables human settlement and a thriving space economy shall be an objective of U.S. aeronautical and space activities. NASA shall obtain, produce, and provide information related to all issues important for the development of a thriving space economy and the establishment of human space settlements.

SECTION 1. SHORT TITLE. This Act may be cited as the Firefighter Cancer Registry Act of 2018. SEC. 2. VOLUNTARY REGISTRY FOR FIREFIGHTER CANCER INCIDENCE. (a) In General.--The Secretary of Health and Human Services (referred to in this section as the Secretary), acting through the Director of the Centers for Disease Control and Prevention and in coordination with other agencies as the Secretary determines appropriate, shall develop and maintain, directly or through a grant or cooperative agreement, a voluntary registry of firefighters (referred to in this section as the Firefighter Registry) to collect relevant health and occupational information of such firefighters for purposes of determining cancer incidence. (b) Use of Firefighter Registry.--The Firefighter Registry may be used for the following purposes: (1) To improve data collection and data coordination activities related to the nationwide monitoring of the incidence of cancer among firefighters. (2) To collect, consolidate, and maintain, consistent with subsection (g), epidemiological information and analyses related to cancer incidence and trends among firefighters (c) Relevant Data.-- (1) Data collection.--In carrying out the voluntary data collection for purposes of inclusion under the Firefighter Registry, the Secretary may collect the following: (A) Information, as determined by the Secretary under subsection (d)(1), of volunteer, paid-on-call, and career firefighters, independent of cancer status or diagnosis. (B) Individual risk factors and occupational history of firefighters. (C) Information, if available, related to-- (i) basic demographic information, including-- (I) the age of the firefighter involved during the relevant dates of occupation as a firefighter; and (II) the age of cancer diagnosis; (ii) the status of the firefighter as either volunteer, paid-on-call, or career firefighter; (iii) the total number of years of occupation as a firefighter and a detailing of additional employment experience, whether concurrent, before, or anytime thereafter; (iv)(I) the approximate number of fire incidents attended, including information related to the type of fire incidents and the role of the firefighter in responding to the incident; or (II) in the case of a firefighter for whom information on such number and type is unavailable, an estimate of such number and type based on the method developed under subsection (d)(1)(D); and (v) other medical information and health history, including additional risk factors, as appropriate, and other information relevant to a cancer incidence study of firefighters. (2) Information on diagnoses and treatment.--In carrying out paragraph (1), with respect to diagnoses and treatment of firefighters with cancer, the Secretary shall, as appropriate, enable the Firefighter Registry to electronically connect to State- based cancer registries, for a purpose described by clause (vi) or (vii) of section 399B(c)(2)(D) of the Public Health Service Act (42 U.S.C. 280e(c)(2)(D)), to obtain-- (A) date of diagnoses and source of information; and (B) pathological data characterizing the cancer, including cancer site, state of disease (pursuant to Staging Guide), incidence, and type of treatment. (d) Firefighter Registry Coordination Strategy.-- (1) Required strategy.--The Secretary shall, in consultation with the relevant stakeholders identified in subsection (e), including epidemiologists and pathologists, develop a strategy to coordinate data collection activities, including within existing State registries, for inclusion in the Firefighter Registry established under this Act. The strategy may include the following: (A) Increasing awareness of the Firefighter Registry and encouraging participation among volunteer, paid-on-call, and career firefighters. (B) Consideration of unique data collection needs that may arise to generate a statistically reliable representation of minority, female, and volunteer firefighters, including methods, as needed, to encourage participation from such populations. (C) Information on how the Secretary will store data described in subsection (c)(1) and provide electronic access to relevant health information described in subsection (c)(2). (D) Working in consultation with the experts described in subsection (e), a reliable and standardized method for estimating the number of fire incidents attended by a firefighter as well as the type of fire incident so attended in the case such firefighter is unable to provide such information. (2) Report to congress.--The Secretary shall submit the strategy described in paragraph (1) to the Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate not later than 30 days after the date of the completion of the strategy. (3) Guidance for inclusion and maintenance of data on firefighters.--The Secretary shall develop, in consultation with the stakeholders identified in subsection (e), State health agencies, State departments of homeland security, and volunteer, paid-on-call, combination, and career firefighting agencies, a strategy for inclusion of firefighters in the registry that are representative of the general population of firefighters, that outlines the following: (A) How new information about firefighters will be submitted to the Firefighter Registry for inclusion. (B) How information about firefighters will be maintained and updated in the Firefighter Registry over time. (C) A method for estimating the number of fire incidents attended by a firefighter as well as the type of fire incident so attended in the case such firefighter is unable to provide such information. (D) Further information, as deemed necessary by the Secretary. (e) Consultation and Report.--The Secretary shall consult with non- Federal experts on the Firefighter Registry established under this section, and shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a report that includes, as appropriate, information on goals achieved and improvements needed to strengthen the Firefighter Registry. Such non-Federal experts shall include the following: (1) Public health experts with experience in developing and maintaining cancer registries. (2) Epidemiologists with experience in studying cancer incidence. (3) Clinicians with experience in diagnosing and treating cancer incidence. (4) Active and retired volunteer, paid-on-call, and career firefighters as well as relevant national fire and emergency response organizations. (f) Research Availability.--Subject to subsection (g), the Secretary shall ensure that information and analysis in the Firefighter Registry are available, as appropriate, to the public, including researchers, firefighters, and national fire service organizations. (g) Privacy.--In carrying out this Act, the Secretary shall ensure that information in and analysis of the Firefighter Registry are made available in a manner that, at a minimum, protects personal privacy to the extent required by applicable Federal and State privacy law. (h) Authorization of Funds.--To carry out this section, there are authorized to be appropriated $2,500,000 for each of the fiscal years 2018 through 2022. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Firefighter Cancer Registry Act of 2018 (Sec. 2) This bill requires the Centers for Disease Control and Prevention (CDC) to develop and maintain a voluntary registry of firefighters in order to collect history and occupational information that can be used to determine the incidence of cancer among firefighters. The registry must be used to improve monitoring of cancer among firefighters and to collect and publish epidemiological information. The CDC should seek to include specified information in the registry, including the number and type of fire incidents attended by an individual. To collect information for the registry, the CDC must enable the registry to connect to state-based cancer registries. The CDC must also: (1) develop a strategy to encourage participation in the registry, (2) develop guidance for states and firefighting agencies regarding the registry, and (3) seek feedback on the registry from nonfederal experts. The CDC must make registry data available to the public and in accordance with privacy laws.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Geothermal Exploration Opportunities Act of 2015''. SEC. 2. GEOTHERMAL EXPLORATION TEST PROJECTS. The Geothermal Steam Act of 1970 (30 U.S.C. 1001 et seq.) is amended by adding at the end the following: ``SEC. 30. GEOTHERMAL EXPLORATION TEST PROJECTS. ``(a) Definitions.--In this section: ``(1) Covered land.--The term `covered land' means land that is-- ``(A)(i) public land administered by the Secretary; or ``(ii) National Forest System land administered by the Secretary of Agriculture; and ``(B) not excluded from the development of geothermal energy under-- ``(i) a final land use plan established under the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); ``(ii) a final land and resource management plan established under the National Forest Management Act of 1976 (16 U.S.C. 1600 et seq.); or ``(iii) any other applicable law. ``(2) Secretary concerned.--The term `Secretary concerned' means-- ``(A) the Secretary of Agriculture (acting through the Chief of the Forest Service), with respect to National Forest System land; and ``(B) the Secretary, with respect to land managed by the Bureau of Land Management (including land held for the benefit of an Indian tribe). ``(b) NEPA Review of Geothermal Exploration Test Projects.-- ``(1) In general.--An eligible activity described in paragraph (2) carried out on covered land shall be considered an action categorically excluded from the requirements for an environmental assessment or an environmental impact statement under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) or section 1508.4 of title 40, Code of Federal Regulations (or a successor regulation) if-- ``(A) the action is for the purpose of geothermal resource exploration operations; and ``(B) the action is conducted pursuant to this Act. ``(2) Eligible activity.--An eligible activity referred to in paragraph (1) is-- ``(A) a geophysical exploration activity that does not require drilling, including a seismic survey; ``(B) the drilling of a well to test or explore for geothermal resources on land leased by the Secretary concerned for the development and production of geothermal resources that-- ``(i) is carried out by the holder of the lease; ``(ii) causes-- ``(I) fewer than 5 acres of soil or vegetation disruption at the location of each geothermal exploration well; and ``(II) not more than an additional 5 acres of soil or vegetation disruption during access or egress to the project site; ``(iii) is completed in fewer than 90 days, including the removal of any surface infrastructure from the project site; and ``(iv) requires the restoration of the project site not later than 3 years after the date of completion of the project to approximately the condition that existed at the time the project began, unless-- ``(I) the project site is subsequently used as part of energy development on the lease; or ``(II) the project-- ``(aa) yields geothermal resources; and ``(bb) the use of the geothermal resources will be carried out under another geothermal generation project in existence at the time of the discovery of the geothermal resources; or ``(C) the drilling of a well to test or explore for geothermal resources on land leased by the Secretary concerned for the development and production of geothermal resources that-- ``(i) causes an individual surface disturbance of fewer than 5 acres if-- ``(I) the total surface disturbance on the leased land is not more than 150 acres; and ``(II) a site-specific analysis has been prepared under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); ``(ii) involves the drilling of a geothermal well at a location or well pad site at which drilling has occurred within 5 years before the date of spudding the well; or ``(iii) involves the drilling of a geothermal well in a developed field for which-- ``(I) an approved land use plan or any environmental document prepared under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) analyzed the drilling as a reasonably foreseeable activity; and ``(II) the land use plan or environmental document was approved within 10 years before the date of spudding the well. ``(3) Limitation based on extraordinary circumstances.--The categorical exclusion established under paragraph (1) shall be subject to extraordinary circumstances in accordance with the Departmental Manual, 516 DM 2.3A(3) and 516 DM 2, Appendix 2 (or successor provisions). ``(c) Notice of Intent; Review and Determination.-- ``(1) Requirement to provide notice.--Not later than 30 days before the date on which drilling begins, a leaseholder intending to carry out an eligible activity shall provide notice to the Secretary concerned. ``(2) Review of project.--Not later than 10 days after receipt of a notice of intent provided under paragraph (1), the Secretary concerned shall-- ``(A) review the project described in the notice and determine whether the project is an eligible activity; and ``(B)(i) if the project is an eligible activity, notify the leaseholder that under subsection (b), the project is considered a categorical exclusion under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and section 1508.4 of title 40, Code of Federal Regulations (or a successor regulation); or ``(ii) if the project is not an eligible activity-- ``(I) notify the leaseholder that section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)) applies to the project; ``(II) include in that notification clear and detailed findings on any deficiencies in the project that prevent the application of subsection (b) to the project; and ``(III) provide an opportunity to the leaseholder to remedy the deficiencies described in the notification before the date on which the leaseholder plans to begin the project under paragraph (1).''.

Geothermal Exploration Opportunities Act of 2015 This bill amends the Geothermal Steam Act of 1970 to categorically exclude from the requirements for an environmental assessment or an environmental impact statement under the National Environmental Policy Act of 1969 (NEPA) a geothermal exploration test project on National Forest System land or land managed by the Bureau of Land Management (BLM) if the project is either: a geophysical exploration activity that does not require drilling; test drilling causing soil or vegetation disruption of fewer than 10 acres, including access, that is completed in fewer than 90 days and meets other requirements, such as for restoration of the site; test drilling causing an individual surface disturbance of fewer than 5 acres with a total surface disturbance of fewer than 150 acres when a site specific analysis has been prepared; test drilling on a site at which drilling has occurred within 5 years; or test drilling on the site of a developed field that has been approved for drilling in the last 10 years pursuant to an approved land use plan or any NEPA environmental documents. A leaseholder of a geothermal lease on federal land intending to carry out a geothermal exploration test project must provide notice to the Department of the Interior, with respect to BLM land, or to the Department of Agriculture (USDA), with respect to National Forest System land . BLM and USDA must: review those projects, notify the leaseholder of project deficiencies that preclude the NEPA exemption, and allow leaseholders an opportunity to remedy those deficiencies prior to the date that the leaseholder intended to start drilling.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Military Reservist Tax Credit Act''. SEC. 2. CREDIT FOR INCOME DIFFERENTIAL FOR EMPLOYMENT OF ACTIVATED MILITARY RESERVIST AND REPLACEMENT PERSONNEL. (a) In General.--Subpart B of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to foreign tax credit, etc.) is amended by adding at the end the following new section: ``SEC. 30B. EMPLOYER WAGE CREDIT FOR ACTIVATED MILITARY RESERVISTS. ``(a) General Rule.--There shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the sum of-- ``(1) in the case of a small business employer, the employment credit with respect to all qualified employees and qualified replacement employees of the taxpayer, plus ``(2) the self-employment credit of a qualified self- employed taxpayer. ``(b) Employment Credit.--For purposes of this section-- ``(1) Qualified employees.-- ``(A) In general.--The employment credit with respect to a qualified employee of the taxpayer for any taxable year is equal to 50 percent of the lesser of-- ``(i) the excess, if any, of-- ``(I) the qualified employee's average daily qualified compensation for the taxable year, over ``(II) the average daily military pay and allowances received by the qualified employee during the taxable year, while participating in qualified reserve component duty to the exclusion of the qualified employee's normal employment duties for the number of days the qualified employee participates in qualified reserve component duty during the taxable year, including time spent in a travel status, or ``(ii) $30,000. The employment credit, with respect to all qualified employees, is equal to the sum of the employment credits for each qualified employee under this subsection. ``(B) Average daily qualified compensation and average daily military pay and allowances.--As used with respect to a qualified employee-- ``(i) the term `average daily qualified compensation' means the qualified compensation of the qualified employee for the taxable year divided by the difference between-- ``(I) 365, and ``(II) the number of days the qualified employee participates in qualified reserve component duty during the taxable year, including time spent in a travel status, and ``(ii) the term `average daily military pay and allowances' means-- ``(I) the amount paid to the qualified employee during the taxable year as military pay and allowances on account of the qualified employee's participation in qualified reserve component duty, divided by ``(II) the total number of days the qualified employee participates in qualified reserve component duty, including time spent in travel status. ``(C) Qualified compensation.--When used with respect to the compensation paid or that would have been paid to a qualified employee for any period during which the qualified employee participates in qualified reserve component duty, the term `qualified compensation' means-- ``(i) compensation which is normally contingent on the qualified employee's presence for work and which would be deductible from the taxpayer's gross income under section 162(a)(1) if the qualified employee were present and receiving such compensation, ``(ii) compensation which is not characterized by the taxpayer as vacation or holiday pay, or as sick leave or pay, or as any other form of pay for a nonspecific leave of absence, and with respect to which the number of days the qualified employee participates in qualified reserve component duty does not result in any reduction in the amount of vacation time, sick leave, or other nonspecific leave previously credited to or earned by the qualified employee, and ``(iii) group health plan costs (if any) with respect to the qualified employee. ``(D) Qualified employee.--The term `qualified employee' means a person who-- ``(i) has been an employee of the taxpayer for the 91-day period immediately preceding the period during which the employee participates in qualified reserve component duty, and ``(ii) is a member of the Ready Reserve of a reserve component of an Armed Force of the United States as defined in sections 10142 and 10101 of title 10, United States Code. ``(2) Qualified replacement employees.-- ``(A) In general.--The employment credit with respect to a qualified replacement employee of the taxpayer for any taxable year is equal to 50 percent of the lesser of-- ``(i) the individual's qualified compensation attributable to service rendered as a qualified replacement employee, or ``(ii) $12,000. The employment credit, with respect to all qualified replacement employees, is equal to the sum of the employment credits for each qualified replacement employee under this subsection. ``(B) Qualified compensation.--When used with respect to the compensation paid to a qualified replacement employee, the term `qualified compensation' means-- ``(i) compensation which is normally contingent on the qualified replacement employee's presence for work and which is deductible from the taxpayer's gross income under section 162(a)(1), ``(ii) compensation which is not characterized by the taxpayer as vacation or holiday pay, or as sick leave or pay, or as any other form of pay for a nonspecific leave of absence, and ``(iii) group health plan costs (if any) with respect to the qualified replacement employee. ``(C) Qualified replacement employee.--The term `qualified replacement employee' means an individual who is hired to replace a qualified employee or a qualified self-employed taxpayer, but only with respect to the period during which such employee or taxpayer participates in qualified reserve component duty, including time spent in travel status. ``(c) Self-Employment Credit.--For purposes of this section-- ``(1) In general.--The self-employment credit of a qualified self-employed taxpayer for any taxable year is equal to 50 percent of the lesser of-- ``(A) the excess, if any, of-- ``(i) the self-employed taxpayer's average daily self-employment income for the taxable year over ``(ii) the average daily military pay and allowances received by the taxpayer during the taxable year, while participating in qualified reserve component duty to the exclusion of the taxpayer's normal self-employment duties for the number of days the taxpayer participates in qualified reserve component duty during the taxable year, including time spent in a travel status, or ``(B) $30,000. ``(2) Average daily self-employment income and average daily military pay and allowances.--As used with respect to a self-employed taxpayer-- ``(A) the term `average daily self-employment income' means the self-employment income (as defined in section 1402(b)) of the taxpayer for the taxable year plus the amount paid for insurance which constitutes medical care for the taxpayer for such year (within the meaning of section 162(l)) divided by the difference between-- ``(i) 365, and ``(ii) the number of days the taxpayer participates in qualified reserve component duty during the taxable year, including time spent in a travel status, and ``(B) the term `average daily military pay and allowances' means-- ``(i) the amount paid to the taxpayer during the taxable year as military pay and allowances on account of the taxpayer's participation in qualified reserve component duty, divided by ``(ii) the total number of days the taxpayer participates in qualified reserve component duty, including time spent in travel status. ``(3) Qualified self-employed taxpayer.--The term `qualified self-employed taxpayer' means a taxpayer who-- ``(A) has net earnings from self-employment (as defined in section 1402(a)) for the taxable year, and ``(B) is a member of the Ready Reserve of a reserve component of an Armed Force of the United States. ``(d) Credit in Addition to Deduction.--The employment credit or the self-employment credit provided in this section is in addition to any deduction otherwise allowable with respect to compensation actually paid to a qualified employee, qualified replacement employee, or qualified self-employed taxpayer during any period the qualified employee or qualified self-employed taxpayer participates in qualified reserve component duty to the exclusion of normal employment duties. ``(e) Coordination With Other Credits.--The amount of credit otherwise allowable under sections 51(a) and 1396(a) with respect to any employee shall be reduced by the credit allowed by this section with respect to such employee. ``(f) Limitations.-- ``(1) Application with other credits.--The credit allowed under subsection (a) for any taxable year shall not exceed the excess (if any) of-- ``(A) the regular tax for the taxable year reduced by the sum of the credits allowable under subpart A and sections 27, 29, and 30, over ``(B) the tentative minimum tax for the taxable year. ``(2) Disallowance for failure to comply with employment or reemployment rights of members of the reserve components of the armed forces of the united states.--No credit shall be allowed under subsection (a) to a taxpayer for-- ``(A) any taxable year, beginning after the date of the enactment of this section, in which the taxpayer is under a final order, judgment, or other process issued or required by a district court of the United States under section 4323 of title 38 of the United States Code with respect to a violation of chapter 43 of such title, and ``(B) the 2 succeeding taxable years. ``(3) Disallowance with respect to persons ordered to active duty for training.--No credit shall be allowed under subsection (a) to a taxpayer with respect to any period by taking into account any person who is called or ordered to active duty for any of the following types of duty: ``(A) Active duty for training under any provision of title 10, United States Code. ``(B) Training at encampments, maneuvers, outdoor target practice, or other exercises under chapter 5 of title 32, United States Code. ``(C) Full-time National Guard duty, as defined in section 101(d)(5) of title 10, United States Code. ``(g) General Definitions and Special Rules.--For purposes of this section-- ``(1) Small business employer.-- ``(A) In general.--The term `small business employer' means, with respect to any taxable year, any employer who employed an average of 50 or fewer employees on business days during such taxable year. ``(B) Controlled groups.--For purposes of subparagraph (A), all persons treated as a single employer under subsection (b), (c), (m), or (o) of section 414 shall be treated as a single employer. ``(2) Military pay and allowances.--The term `military pay' means pay as that term is defined in section 101(21) of title 37, United States Code, and the term `allowances' means the allowances payable to a member of the Armed Forces of the United States under chapter 7 of that title. ``(3) Qualified reserve component duty.--The term `qualified reserve component duty' includes only active duty performed, as designated in the reservist's military orders, in support of a contingency operation as defined in section 101(a)(13) of title 10, United States Code. ``(4) Special rules for certain manufacturers.-- ``(A) In general.--In the case of any qualified manufacturer-- ``(i) subsections (b)(1)(A)(ii) and (c)(1)(B) shall be applied by substituting `$40,000' for `$30,000', ``(ii) subsection (b)(2)(A)(ii) shall be applied by substituting `$20,000' for `$12,000', and ``(iii) paragraph (1)(A) of this subsection shall be applied by substituting `100' for `50'. ``(B) Qualified manufacturer.--For purposes of this paragraph, the term `qualified manufacturer' means any person if-- ``(i) the primary business of such person is classified in sector 31, 32, or 33 of the North American Industrial Classification System, and ``(ii) all of such person's facilities which are used for production in such business are located in the United States. ``(5) Carryback and carryforward allowed.-- ``(A) In general.--If the credit allowable under subsection (a) for a taxable year exceeds the amount of the limitation under subsection (f)(1) for such taxable year (in this paragraph referred to as the `unused credit year'), such excess shall be a credit carryback to each of the 3 taxable years preceding the unused credit year and a credit carryforward to each of the 20 taxable years following the unused credit year. ``(B) Rules.--Rules similar to the rules of section 39 shall apply with respect to the credit carryback and credit carryforward under subparagraph (A). ``(6) Certain rules to apply.--Rules similar to the rules of subsections (c), (d), and (e) of section 52 shall apply.''. (b) Conforming Amendment.--Section 55(c)(2) of the Internal Revenue Code of 1986 is amended by inserting ``30B(f)(1),'' after ``30(b)(3),''. (c) Clerical Amendment.--The table of sections for subpart B of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end of 30A the following new item: ``Sec. 30B. Employer wage credit for activated military reservists''. (d) Effective Date; Special Rule.-- (1) Effective date.--The amendments made by this section shall apply to amounts paid after September 11, 2001, in taxable years ending after such date. (2) Waiver of limitations.--If refund or credit of any overpayment of tax resulting from the amendments made by this section is prevented at any time before the close of the 1-year period beginning on the date of the enactment of this Act by the operation of any law or rule of law (including res judicata), such refund or credit may nevertheless be made or allowed if claim therefor is filed before the close of such period.

Small Business Military Reservist Tax Credit Act - Amends the Internal Revenue Code to allow: (1) certain small business employers (50 or fewer employees) and small manufacturers (100 or fewer employees) a tax credit for a percentage of the differential between the average daily civilian compensation and average daily military pay and allowances of their military reservist employees who are called to active duty; (2) such employers a tax credit for the hiring of temporary replacement employees; and (3) self-employed military reservists a comparable tax credit for a percentage of the differential between their average daily self-employment income and their average daily military pay and allowances. Denies a tax credit: (1) to employers who fail to comply with employment or reemployment rights of military reservists; and (2) for employees who are called to active duty for training.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Social Security KidSave Accounts Act''. SEC. 2. SOCIAL SECURITY KIDSAVE ACCOUNTS. Title II of the Social Security Act (42 U.S.C. 401 et seq.) is amended-- (1) by inserting before section 201 the following: ``Part A--Insurance Benefits''; and (2) by adding at the end the following: ``Part B--KidSave Accounts ``establishment of kidsave accounts ``Sec. 251. (a) In General.--The Commissioner of Social Security, through the Federal Retirement Thrift Investment Board, shall establish in the name of each individual born on or after January 1, 2006, a KidSave Account in the Thrift Savings Fund under subchapter III of chapter 84 of title 5, United States Code, upon the later of-- ``(1) the date of enactment of this part; or ``(2) the date of the issuance of a social security account number under section 205(c)(2) to such individual. ``(b) Identification of Account.--The KidSave Account shall be identified to the account holder by means of the account holder's social security account number. ``treatment of kidsave accounts ``Sec. 252. (a) In General.--For purposes of this part, except as provided in subsection (b), a KidSave Account described in section 251(a) shall be treated in the same manner as an account in the Thrift Savings Fund under subchapter III of chapter 84 of title 5, United States Code. ``(b) Exceptions.-- ``(1) Contribution rules.-- ``(A) Loan contributions.-- ``(i) In general.--In addition to any contributions to a KidSave Account by or on behalf of an individual described in subparagraph (B), the Secretary of the Treasury shall transfer $2,000 to such Account from the Federal Old-Age and Survivors Insurance Trust Fund on the date of the establishment of such Account under subsection (a). ``(ii) Adjustment for inflation.--For any calendar year after 2013, the dollar amount under clause (i) shall be increased by the cost-of-living adjustment determined under section 215(i) for the calendar year. ``(B) Other contributions.-- ``(i) Contribution limit.--The aggregate amount of contributions by or on behalf of an individual (including rollover contributions) for any taxable year to the KidSave Account of such individual shall not exceed $500 for such year (determined without regard to the amount of the contribution made pursuant to subparagraph (A)). ``(ii) Rollover contributions.--No rollover contribution may be made to a KidSave Account of an individual unless it is from an eligible retirement plan described in clause (i), (ii), or (iii) of section 402(c)(8)(B) of the Internal Revenue Code of 1986 of such individual or of a parent or grandparent of such individual. For purposes of chapters 12 and 13 of the Internal Revenue Code of 1986 (relating to gift tax and tax on generation- skipping transfers), in no event shall a rollover contribution under this clause be treated as a taxable gift. ``(iii) No contributions past the age of 18.--No contribution (including rollover contribution) may be made to a KidSave Account of an individual after the date on which such individual attains the age of 19. ``(iv) Direct deposits.--The Secretary of the Treasury shall, under regulations, provide for the direct deposit of any overpayment of Federal tax of an individual or of a parent or grandparent of such individual as a contribution to the KidSave Account of such individual. ``(2) Designations regarding kidsave account investments.-- ``(A) Initial designations of investment fund.--A person described in subsection (c) shall, on behalf of the individual described in section 251(a), designate 1 or more investment funds (established under section 8438 of title 5, United States Code) for the KidSave Account to which contributions by or on behalf of such individual are to be deposited. Such designation shall be made on the application for such individual's social security account number. ``(B) Default designation.--In the absence of any designation under subparagraph (A), the contributions by or on behalf of an individual described in section 251(a) shall be deposited-- ``(i) 60 percent in the Common Stock Index Investment Fund established under section 8438(b)(1)(C) of title 5, United States Code; ``(ii) 20 percent in the Fixed Income Investment Fund established under section 8438(b)(1)(B) of such title; and ``(iii) 20 percent in the Government Securities Investment Fund established under section 8438(b)(1)(A) of such title. ``(C) Changes in designations.--An individual who has attained age 18 or a person described in subsection (c) on behalf of such individual may change 1 or more investment designations for a KidSave Account of such individual at the same time and in the same manner as provided under subchapter III of chapter 84 of such title. ``(3) Distributions.-- ``(A) In general.--Except as provided in subparagraph (B), distributions may only be made from a KidSave Account of an individual on or after the earlier of-- ``(i) the date on which the individual begins receiving benefits under part A; or ``(ii) the date of the individual's death. ``(B) Repayment of contribution loan.-- ``(i) In general.--On the date on which an individual described in section 251(a) attains age 30 and on such date in each succeeding calendar year (as necessary), the Federal Retirement Thrift Investment Board shall transfer from the KidSave Account of such individual to the Federal Old-Age and Survivors Insurance Trust Fund an amount equal to the least of the following amounts: ``(I) 20 percent of the applicable amount. ``(II) 20 percent of the balance in such KidSave Account. ``(III) An amount equal to the excess of the applicable amount over the aggregate amount deducted under this clause in all preceding calendar years with respect to such individual. ``(ii) Applicable amount.--With respect to any individual described in clause (i), the applicable amount is equal to the amount transferred by the Secretary of the Treasury to such KidSave Account under paragraph (1)(A). ``(c) Treatment of Minors and Incompetent Individuals.-- ``(1) Designations.--Any designation under subsection (b)(2) to be made by a minor, or an individual mentally incompetent or under other legal disability, may be made by the person who is constituted guardian or other fiduciary by the law of the State of residence of the individual or is otherwise legally vested with the care of the individual or his estate. ``(2) Distributions.--Payment under this part due a minor, or an individual mentally incompetent or under other legal disability, may be made to the person who is constituted guardian or other fiduciary by the law of the State of residence of the claimant or is otherwise legally vested with the care of the claimant or his estate. ``(3) Other persons designated.--In any case in which a guardian or other fiduciary of the individual under legal disability has not been appointed under the law of the State of residence of the individual, if any other person, in the judgment of the Commissioner, is responsible for the care of such individual, any designation under subsection (b)(2) which may otherwise be made by such individual may be made by such person, any payment under this part which is otherwise payable to such individual may be made to such person, and the payment of an annuity payment under this part to such person bars recovery by any other person. ``treatment of thrift savings fund ``Sec. 253. For purposes of subchapter III of chapter 84 of title 5, United States Code, the KidSave Accounts established in the Thrift Savings Fund under section 251 shall be separately maintained and accounted for by the Federal Retirement Thrift Investment Board from the accounts established under such subchapter in such Fund.''. SEC. 3. CONFORMING AMENDMENTS. (a) Amendments Relating to Rollovers.-- (1) Section 402(c)(1) of the Internal Revenue Code of 1986 is amended by adding at the end the following new sentence: ``For purposes of the preceding sentence, a rollover contribution to a KidSave Account under section 252(b)(1)(B)(ii) of the Social Security Act with respect to an employee who is a parent or grandparent of the beneficiary of such account shall be treated as a distribution to such employee.''. (2) Section 402(c)(5) of such Code is amended by striking ``(i) or (ii)'' and inserting ``(i), (ii), or (vii)''. (3) Section 402(c)(8)(B) of such Code is amended by striking ``and'' at the end of clause (v), by striking the period at the end of clause (vi) and inserting ``, and'', and by adding at the end the following new clause: ``(vii) a KidSave Account established under section 251(a) of the Social Security Act.''. (4) Section 408(d)(3)(A)(i) of such Code is amended by inserting ``, or is paid into a KidSave Account of a beneficiary under section 252(b)(1)(B)(ii) of the Social Security Act with respect to whom such individual is the parent or grandparent,'' after ``such individual''. (b) Cross References.-- (1) In general.-- (A) The Social Security Act is amended-- (i) in part A of title II (as redesignated by section 2), by striking ``this title'' each place it appears and inserting ``this part''; (ii) by striking ``title II'' each place it appears (except in sections 1110(a)(3), 1110(c)(1), 1129A(d)(2), 1136(g), 1147(b)(1)(A), 1148(h)(4)(A), 1148(j)(1)(A), 1148(k), 1612(b)(18), and 1613(a)(10)) and inserting ``part A of title II''; (iii) by striking ``title II or XVI'' each place it appears in sections 1110(a)(3), 1110(c)(1), 1129A(d)(2), and 1136(g) and inserting ``part A of title II or title XVI''; (iv) by striking ``title II, VIII, or'' in section 1129(a)(3) and inserting ``part A of title II or title VIII or''; and (v) by striking ``title II or VIII'' in section 1147(b)(1)(A) and inserting ``part A of title II or title VIII''. (B) The Internal Revenue Code of 1986 is amended by striking ``title II'' each place it appears (except in sections 35(c)(2), 142(h)(1), 410(b)(3)(B), 451(d), 912(1)(C), 912(2), and 7442) and inserting ``part A of title II''. (C) The Railroad Retirement Act of 1974 is amended by striking ``title II'' each place it appears (except in sections 15(a) and 19(c)(3)) and inserting ``part A of title II''. (2) Rule of construction.--In each provision of Federal law (other than provisions amended or added by the amendments made by this Act), any reference to title II of the Social Security Act shall be deemed a reference to part A of title II of such Act (as redesignated by section 2).

Social Security KidSave Accounts Act - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to create a new part B (KidSave Accounts). Directs the Commissioner of Social Security to establish in the name of each individual born on or after January 1, 2006, an individual retirement account in the Thrift Savings Fund known as a KidSave Account. Requires such Account to be treated in the same manner as an account maintained by a Federal employee under the Federal Employees Retirement System (FERS) (into which contributions by or on behalf of the individual are deposited into one or more designated investment funds). Requires the Secretary of the Treasury to transfer from the Federal Old-Age and Survivors Insurance Trust Fund to each account holder's KidSave Account: (1) $2,000, on the date such individual's KidSave Account is established; plus (2) other, including rollover, contributions, by or on behalf of the individual, the aggregate amount of which in the case of any individual below age 19 is capped at $500 for any taxable year. Provides for the treatment of distributions. Amends the Internal Revenue Code to exclude from gross income any rollovers into a KidSave Account.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Expand Access to Job Training for English Language Learners Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Approximately 17.8 million adults in the United States have limited proficiency in English. (2) Approximately 90 million adults in the United States are reading at levels that are insufficient to allow them to participate fully in the economy and to obtain new skills necessary for success. (3) A significant contributor to low literacy is limited English speaking and reading ability. (4) Individuals with limited English proficiency are the fastest growing segment of the adult education, language, and literacy system. (5) Simultaneous courses in English language instruction in combination with civics education goes a long way toward meeting the needs of English language learners. (6) Lack of English proficiency and a lack of understanding of civics and United States institutions are a significant barriers to obtaining training and employment. (7) English language learners make up nearly 50 percent of those enrolled in federally funded adult education programs. (8) The concentration of English language learners across the United States is not uniform, leaving some States with a far greater need to provide English as a second language services than others. (9) New immigrants accounted for 50 percent of the growth in the civilian labor force between 1990 and 2001. (10) Immigrants who are fluent in oral and written English earn approximately 24 percent more than those who lack fluency, regardless of vocational qualifications. (11) Current workforce development policies and programs have been ineffective in serving immigrants and persons who are limited English proficient. (12) Programs that integrate skills and training and language acquisition have demonstrated remarkable employment outcomes. TITLE I--AMENDMENTS TO WORKFORCE INVESTMENT SYSTEMS SEC. 101. INTENSIVE AND TRAINING SERVICES. (a) In General.--Section 134(d) is amended-- (1) by amending paragraph (3)(A)(i) to read as follows: ``(i) who have been determined by a one- stop operator to be in need of more intensive services in order to obtain employment; or''; (2) by amending paragraph (3)(C)(vi) to read as follows: ``(vi) Short-term prevocational services, including development of learning skills, communication skills, English literacy skills, interviewing skills, punctuality, personal maintenance skills, and professional conduct to prepare individuals for unsubsidized employment or training.''; (3) in paragraph (4)(A) by striking clause (i) and redesignating clauses (ii) through (v) as clauses (i) through (iv) respectively; (4) by amending paragraph (4)(D)(i) to read as follows: ``(i) occupational skills training, including training for nontraditional employment and bilingual occupational training;''; and (5) by amending paragraph (4)(D)(viii) to read as follows: ``(viii) adult education, English as a Second Language, and literacy activities provided in combination with services described in any of the clauses (i) through (vii); and''. (b) Incentive Grants.--Section 503(a) is amended to read as follows: ``(a) In General.--Beginning on July 1, 2000, the Secretary shall award a grant to each State that-- ``(1) exceeds the State adjusted levels of performance for title I, the expected levels of performance for title II, and the levels of performance under Public Law 88-210 (as amended; 20 U.S.C. 2301 et seq.) for the purpose of carrying out an innovative program consistent wit the requirements of any one or more of the programs within title I, title II, or such Public Law, respectively; and ``(2) funds programs that integrate occupational skills training and language acquisition.''. (c) On-The-Job Training.--Section 101(31)(B) is amended by inserting ``or a reimbursement of up to 100 percent of the wage rate of a participant who has limited English proficiency and for whom the employer is providing training that integrates occupational skills and language acquisition'' after ``wage rate of the participant,''. SEC. 102. PERFORMANCE MEASURES. (a) Levels of Performance.--Section 136(b)(3)(A)(iv)(II) is amended by inserting ``including their level of English proficiency'' after ``entered the program''. (b) Performance and Cost Information.--Section 122(d)(3) is amended by adding after subparagraph (B) the following: ``(C) Adult education and family literacy act requirements..--The local board and the designated State agency described in subsection (i) may accept program-specific performance information consistent with the requirements for eligibility under the Adult and Family Literacy Act (20 U.S.C. 9212) from a provider for the purpose of enabling the provider to fulfill the applicable requirements of this subsection, if such information is substantially similar to the information otherwise required under this subsection.''. (c) Integrated Training Programs.--Section 122(h) is amended-- (1) in the heading, by striking ``or Customized Training'' and inserting ``, Customized Training, or Integrated Training'' ; and (2) in paragraphs (1) and (2) by striking ``or customized training'' and inserting ``, customized training, or integrated training''. (d) Definition.--Section 101 is amended by redesignating paragraphs (18) through (53) as paragraphs (19) through (54), respectively and by inserting after paragraph (17) the following: ``(18) Integrated training.--The term `integrated training' means training that combines occupational skills with language acquisition.''. SEC. 103. DEMONSTRATION, PILOT, MULTISERVICE, RESEARCH, AND MULTISTATE PROJECTS. (a) Demonstration and Pilot Projects.--Section 171(b)(1) is amended by adding after subparagraph (H) the following: ``(I) projects that provide training to create or upgrade the job and related skills of persons who are special participant populations as defined in section 134(d)(4)(G)(iv).''. (b) Multiservice Projects.--Section 171(c)(1) is amended-- (1) in subparagraph (A) by inserting ``and special participant populations as defined in section 134(d)(4)(G)(iv)'' after ``targeted populations''; (2) in subparagraph (B) by inserting ``and special participant populations as defined in section 134(d)(4)(G)(iv)'' after ``disability community''; and (3) in subparagraph (C) by inserting ``and special participant populations as defined in section 134(d)(4)(G)(iv)'' after ``targeted populations''. (c) Study and Report.--Section 171(c)(2)(B) is amended to read as follows: ``(B) Report on training models for persons who are limited english-proficient.--The Secretary shall conduct a 2-year study on programs that integrate English language instruction with occupational skills training. The Secretary shall prepare and submit to Congress a report containing the results of the study, including policy recommendations.''. (d) Multistate Projects.--Section 171(c)(3)(A) is amended-- (1) in clause (i) by inserting ``and special participant populations as defined in section 134(d)(4)(G)(iv)'' after ``particular service populations''; and (2) in clause (ii) by inserting ``and special participant populations as defined in section 134(d)(4)(G)(iv)'' after ``demographic groups''. SEC. 104. ASSESSMENTS. (a) In General.--Section 171(a)(2) is amended-- (1) in subparagraph (C) by striking ``and'' at the end; (2) in subparagraph (D) by inserting ``and'' at the end; and (3) by adding after subparagraph (D) the following: ``(E) the versatility of a standardized one-stop center assessment for targeted populations, including special participant populations that face multiple barriers to employment, as defined in section 134(d)(4)(G)(iv).''. (b) Partnerships.--Section 171(b)(1) is amended-- (1) in subparagraph (G) by striking ``and'' at the end; (2) in subparagraph (H) by inserting ``and'' at the end; (3) by adding after subparagraph (H) the following: ``(I) the establishment of partnerships with national organizations with special expertise to assist states develop and implement accurate assessment mechanisms to evaluate the skill levels of special participant populations that face multiple barriers to employment, as defined in Section 134(d)(4)(G)(iv).''. (c) Considerations.--Section 172(a)(6) is amended to read as follows: ``(6) the extent to which such programs and activities meet the needs of various demographic groups; and including special participant populations that face multiple barriers to employment, as defined in Sec. 134(d)(4)(G)(iv);''. (d) Interpretation and Translation Services.--Section 188(a) is amended by adding after paragraph (5) the following: ``(6) Interpretation and translation services.--One-stop centers shall provide appropriate interpretation and translation services to individuals who lack English proficiency.''. (e) State Plan.--Section 112(b)(17)(A)(iv) is amended by inserting ``(including persons who are limited English-proficient)'' after ``barriers to employment''. (f) Specialized Assessments.--Section 134(d)(3)(C)(i) is amended in the matter preceding subclause (I) to read as follows: ``(i) Comprehensive and specialized assessments of the skill levels, English proficiency, and service needs of adults and dislocated workers, which may include--''. SEC. 105. CONTENTS OF STATE PLAN. Section 224(b) is amended by adding after paragraph (12) the following new paragraph: ``(13) a description of how the eligible agency will consult with any State agency responsible for postsecondary education to develop adult education that prepares students to enter postsecondary education without the need for remediation upon completion of secondary school equivalency programs.''. SEC. 106. STATE DISCRETIONARY FUNDING. Section 134(a)(3)(A)(vi) is amended-- (1) in subclause (I) by striking ``and'' at the end; (2) in subclause (II) by inserting ``and'' at the end; and (3) by adding after clause (II) the following: ``(III) implementation of innovative programs for special participant populations as defined in section 134(d)(4)(G)(iv) to increase the number of individuals offered occupational training in growth industries;''. TITLE II--AMENDMENTS TO ADULT EDUCATION AND LITERACY SEC. 201. ADULT BASIC EDUCATION FUNDING FORMULA. (a) Qualifying Adult.--Paragraph (3) of section 211(d) of the Adult Education and Family Literacy Act (20 U.S.C. 9211(d)) is amended by inserting ``or is of limited English proficiency'' after ``its recognized equivalent''. (b) Hold-Harmless.--Paragraph (1) of section 211(f) of the Adult Education and Family Literacy Act (20 U.S.C. 9211(f)) is amended-- (1) in subparagraph (A), by striking ``fiscal year 1999'' and inserting ``fiscal year 2004''; and (2) in subparagraph (b), by striking ``fiscal year 2000'' and inserting ``fiscal year 2005''. SEC. 202. STATE PLAN CONTENTS. Paragraph (1) of section 224(b) of the Adult Education and Family Literacy Act (20 U.S.C. 9224(b)) is amended by striking ``including individuals most in need or hardest to serve;'' and inserting ``including-- ``(A) individuals most in need or hardest to serve; and ``(B) individuals with limited English proficiency;''. SEC. 203. DIRECT AND EQUITABLE ACCESS IN GRANTS AND CONTRACTS. (a) Section 231 of the Adult Education and Family Literacy Act (20 U.S.C. 9226) is amended-- (1) in subsection (a), by inserting ``, as outlined under section 203(5),'' after ``State or outlying area''; (2) in subsection (c)-- (A) in paragraph (1), by striking ``and'' at the end; (B) in paragraph (2), by striking ``announcement process and application process is used for all eligible providers'' and inserting ``announcement process, application process, and proposal review process is used for all eligible providers, including community-based organizations,''; (C) in paragraph (2), by striking the period at the end and inserting ``; and''; and (D) by adding at the end the following: ``(3) there is a process in place to increase outreach and recruitment to solicit grant and contract applications from eligible community-based organizations.''; and (b) in subsection (e)-- (1) in paragraph (3), by striking ``individuals who are low-income or have minimal literacy skills'' and inserting ``individuals who are of limited English proficiency, are low- income, or have minimal literacy skills''; (2) in paragraph (9), by inserting ``community-based organizations,'' after ``job training programs,''; (3) in paragraph (11), by striking ``and'' at the end; (4) in paragraph (12), by inserting ``and civics education'' after ``additional English literacy''; (5) in paragraph (12), by striking the period at the end and inserting ``; and''; and (6) by adding at the end the following: ``(13) whether the activities are located in communities with high populations of individuals with limited English proficiency.''. SEC. 204. INCENTIVES FOR INTEGRATING TITLE I AND TITLE II. (a) National Institute for Literacy.--Subparagraph (C) of section 242(c)(1) of the Adult Education and Family Literacy Act (20 U.S.C. 9252(c)(1)) is amended-- (1) by striking ``the Office of Educational Research and Improvement'' and inserting ``the Institute of Education Sciences''; (2) by inserting ``and the Office of Employment and Training in the Department of Labor'' after ``the Department of Education''; and (3) by inserting ``and the effectiveness of programs that integrate occupational skills training and language acquisition'' after ``with learning disabilities''. (b) Performance Accountability System.--Subsection (b) of section 212 of the Adult Education and Family Literacy Act (20 U.S.C. 9212) is amended-- (1) in paragraph (1)(A)(i), striking ``and'' at the end; (2) in paragraph (1)(A), by adding at the end the following: ``(iii) unified indicators of performance (if any) identified by the eligible agency under paragraph (2)(C); and"; and''; and (3) in paragraph (2), by adding at the end the following: ``(C) Unified indicators.--An eligible agency shall identify uniform indicators of performance for programs under section 134(d)(4) or 211 and shall include in such uniform indicators the following: ``(i) Performance measures identified in section 136(b)(2)(A). ``(ii) Performance measures identified in section 212(b)(2)(a)(i).''. SEC. 205. REPORTS ON INDIVIDUALS 16 TO 18 YEARS OF AGE. Section 241 of the Adult Education and Family Literacy Act (20 U.S.C. 9251) is amended by adding at the end the following: ``(c) Reports.-- ``(1) Reports to secretary.--An eligible agency receiving funds under this title shall annually provide the Secretary with a report on the number participants who are 16, 17, or 18 years of age in the programs and services provided under section 231, disaggregated by race, ethnicity, gender, limited English proficiency status, disability, and socioeconomic status. ``(2) Reports to congress.--Not later than June 30, 2005, and by June 30 annually thereafter, the Secretary shall submit a report to the Congress containing the results of the eligible agency reports required by paragraph (1).''. SEC. 206. NATIONAL LEADERSHIP ACTIVITIES. Section 243 of the Adult Education and Family Literacy Act (20 U.S.C. 9253) is amended in the matter preceding paragraph (1) by inserting ``including grants to communities experiencing large increases of individuals with limited English proficiency who were not accounted for in making State allocations under section 211(c)(2), for the purpose of providing English language and civics education programs'' after ``programs nationwide''.

Expand Access to Job Training for English Language Learners Act - Amends the Adult Education and Family Literacy Act (AEFLA), which is tile II of the Workforce Investment Partnership Act of 1998 (WIPA), and provisions for Workforce Investment Systems (WIS), which are title I of WIPA, to revise and increase access and services for individuals with limited English proficiency under such job training and adult education systems.Revises the following WIS provisions with respect to individuals with limited English proficiency: (1) intensive and training services; (2) performance measures; (3) demonstration, pilot, multiservice, research, and multistate projects; (4) assessments; (5) State plan contents; and (6) State discretionary funding.Revises the following AEFLA provisions with respect to individuals with limited English proficiency: (1) adult basic education funding formula; (2) State plan contents; (3) direct and equitable access in grants and contracts; (4) reports on individuals 16 to 18 years of age; and (5) national leadership activities.Provides for integration of WIS and AEFLA by: (1) emphasizing National Institute for Literacy coordination with the Institute of Education Sciences in the Department of Education and with the Office of Employment and Training in the Department of Labor; and (2) requiring certain uniform indicators of program performance.

SECTION 1. SHORT TITLE. This Act may be cited as the ``South Dakota Tribal Nursing Facilities Act of 2002''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress makes the following findings: (1) The highest rate of poverty in South Dakota occurs on Indian reservations. (2) According to the 2000 United States Census, nine counties that encompass Indian reservations are among the 100 poorest counties in the United States. (3) There are no nursing facilities on the Indian reservations in South Dakota. (4) The lack of nursing facilities on the larger Indian reservations is a barrier that prevents Indian elders from accessing long-term health care. (5) The elderly poor constitute a growing portion of the membership of the Indian tribes and tribal organizations of South Dakota. (6) The great distances between Indian reservations and off-reservation nursing facilities-- (A) deter the Indian elderly from using such facilities; and (B) if the Indian elderly do use such facilities, prevent visitation from family and relatives that is essential to the well-being of the Indian elderly. (7) There is a critical need for nursing facilities on the Indian reservations located in South Dakota to meet the elderly and assisted-living needs of tribal members. (8) A South Dakota law imposes a moratorium on the licensing of new nursing facilities in the State. (9) The medicaid program requires State licensure of nursing facilities to qualify such facility for reimbursement for care provided to individuals eligible for medical assistance under such program. (10) The impact of the South Dakota moratorium on nursing facility licensure and the requirements of the medicaid program prevent Indian tribes and tribal organizations in South Dakota from developing and operating these badly needed facilities on Indian reservations. (11) It is the responsibility and goal of the United States, in the fulfillment of its responsibility to provide and facilitate adequate health care for elderly and needy members of Indian tribes and tribal organizations, to protect the right of Indian tribes and tribal organizations to provide nursing facilities for those members. (b) Purposes.--The purposes of this Act are, notwithstanding any impediment imposed by State law-- (1) to facilitate the development and operation of nursing facilities that are owned or operated by an Indian tribe or tribal organization on Indian reservations that are located in the State of South Dakota; and (2) to protect the right of members of Indian tribes and tribal organizations to access health care provided by nursing facilities in the exercise of those members' entitlement to medical assistance under the medicaid program. SEC. 3. ELIGIBILITY OF CERTAIN NURSING FACILITIES FOR REIMBURSEMENT UNDER THE MEDICAID PROGRAM. (a) In General.--Notwithstanding any provision of title XIX of the Social Security Act (42 U.S.C. 1396 et seq.), an applicable nursing facility shall be eligible for reimbursement for medical assistance provided under such title and shall be deemed to be a facility of the Indian Health Service for purposes of the third sentence of section 1905(b) of such Act (42 U.S.C. 1396d(b)) if and for so long as-- (1) the facility meets all of the conditions and requirements which are applicable generally to such facilities under such title (other than any State requirement relating to the operation of such a facility under such title); and (2) has in effect a plan approved under subsection (b)(2). (b) Submission and Approval of Plans.-- (1) Submission.--An Indian tribe or tribal organization that desires an applicable nursing facility to be reimbursed through the operation of this section shall submit a plan to the Secretary at such time, in such manner, and containing such information as the Secretary may specify, including evidence that-- (A) such facility is licensed by the Indian tribe or tribal organization; and (B) the State, the Indian tribe, or the tribal organization has agreed to perform the functions of the State under section 1919 of the Social Security Act (42 U.S.C. 1396r). (2) Approval.--Not later than the date that is 90 days after the date on which a plan is submitted under paragraph (1), the Secretary shall approve or disapprove such plan or shall notify the facility of the additional information needed for approval or disapproval. (c) Definitions.--In this section: (1) Applicable nursing facility.--The term ``applicable nursing facility'' means an existing or planned nursing facility (as defined in section 1919(a) of the Social Security Act (42 U.S.C. 1396r(a))) that-- (A) is owned or operated by an Indian tribe or tribal organization; (B) is located (or will be located) in the State of South Dakota; and (C) is not able to obtain a State license only as a result of a State imposed moratorium on the issuance of such licenses. (2) Indian tribe and tribal organization.--The terms ``Indian tribe'' and ``tribal organization'' have the meanings given such terms under section 4 of the Indian Health Care Improvement Act. (3) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services.

South Dakota Tribal Nursing Facilities Act of 2002 - Makes a nursing facility in South Dakota that is owned or operated by an Indian tribe or tribal organization, and is unable to obtain a State license only because of a State-imposed moratorium on the issuance of such licenses, eligible for reimbursement for medical assistance provided under title XIX (Medicaid) of the Social Security Act. Deems such a facility to be an Indian Health Service (IHS) facility with the Federal medical assistance percentage set at 100 percent if it meets all applicable conditions and requirements and has a plan approved by the Secretary of Health and Human Services that indicates that the facility is licensed by the Indian tribe or tribal organization.

SECTION 1. SHORT TITLE. This Act may be cited as the ``State Witness Protection Act of 2013''. SEC. 2. PROTECTION OF STATE AND LOCAL WITNESSES. (a) In General.--Chapter 73 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 1522. State and local witness tampering and retaliation ``(a) Definitions.--In this section-- ``(1) the term `State official proceeding' means a proceeding before a judge or court of a State or political subdivision thereof; and ``(2) the term `physical force' has the meaning given the term in section 1515. ``(b) Tampering and Retaliation.--It shall be unlawful, in a circumstance described in subsection (c), for a person to kill, attempt to kill, use physical force or the threat of physical force against, harass, intimidate or attempt to intimidate, or offer anything of value to, another individual, with the intent to-- ``(1) influence, delay, or prevent the testimony or attendance of any person in a State official proceeding; ``(2) prevent the production of a record, document, or other object, in a State official proceeding; ``(3) cause or induce any person to-- ``(A) withhold testimony, or withhold a record, document, or other object from a State official proceeding; ``(B) alter, destroy, mutilate, or conceal an object with intent to impair the integrity or availability of the object for use in a State official proceeding; ``(C) evade legal process summoning that person to appear as a witness, or to produce a record, document or other object in a State official proceeding; or ``(D) be absent from a State official proceeding to which that person has been summoned by legal process; ``(4) hinder, delay, or prevent the communication by any person to a law enforcement officer or judge of a State, or political subdivision thereof, of information relating to the violation or possible violation of a law of a State or political subdivision thereof, or a violation of conditions of probation, parole, or release pending judicial proceedings; or ``(5) retaliate against any person for-- ``(A) the attendance of a witness or party at a State official proceeding, or any testimony given or any record, document, or other object produced by a witness in a State official proceeding; or ``(B) providing to a law enforcement officer any information relating to the violation or possible violation of a law of a State or political subdivision thereof, or a violation of conditions of probation, supervised release, parole, or release pending judicial proceedings. ``(c) Circumstances.--A circumstance described in this subsection is that-- ``(1) any communication involved in or made in furtherance of the offense is communicated or transported by the mail, or in interstate or foreign commerce by any means, including by computer, or any means or instrumentality of interstate or foreign commerce is otherwise used in committing or in furtherance of the commission of the offense; ``(2) any person travels or is transported in interstate or foreign commerce in the course of the commission of or in furtherance of the commission of the offense; or ``(3) any weapon, including a firearm, shipped or transported across State lines or in interstate or foreign commerce is used in committing or in furtherance of the commission of the offense. ``(d) Penalties.-- ``(1) In general.--Any person that violates this section-- ``(A) in the case of a killing, shall be punished as provided under sections 1111 and 1112; ``(B) in the case of an attempt to murder, or the use or attempted use of physical force against any person, shall be fined under this title, or imprisoned for not more than 30 years, or both; and ``(C) in the case of any other violation of this section, shall be fined under this title, imprisoned for not more than 20 years, or both. ``(2) Exception.--If the offense under this section occurs in connection with a trial of a criminal case, the maximum term of imprisonment that may be imposed for the offense shall be the higher of-- ``(A) the penalty described in paragraph (1); or ``(B) the maximum term that could have been imposed for any offense charged in the criminal case. ``(3) Attempt and conspiracy.--Any person who attempts or conspires to commit any offense under this section shall be subject to the same penalties as those prescribed for the offense, the commission of which was the object of the attempt or conspiracy. ``(e) Affirmative Defense.--It is an affirmative defense to a prosecution under this section, which the defendant shall prove by a preponderance of the evidence, that the conduct committed by the defendant-- ``(1) consisted solely of lawful conduct; and ``(2) that the sole intention of the defendant was to encourage, induce, or cause the other person to testify truthfully. ``(f) Pending Proceeding; Evidentiary Value.--For the purposes of this section-- ``(1) a State official proceeding need not be pending or about to be instituted at the time of the offense; and ``(2) the testimony, or the record, document, or other object obstructed, tampered, or retaliated against by the defendant need not be admissible in evidence or free of a claim of privilege. ``(g) Intent.--In a prosecution for an offense under this section, the state of mind need not be proved with respect to-- ``(1) a State official proceeding before a judge, court, magistrate judge, or grand jury being before a judge or court of a State or political subdivision thereof; ``(2) a judge being a judge of a State or political subdivision thereof; or ``(3) a law enforcement officer being an officer or employee of the State or political subdivision thereof. ``(h) Venue.--A prosecution brought under this section may be brought-- ``(1) in the district in which the State official proceeding (whether or not pending or about to be instituted) was intended to be affected; or ``(2) in the district which the conduct constituting the alleged offense occurred.''. (b) Technical and Conforming Amendment.--The table of contents for chapter 73 of title 18, United States Code, is amended by adding at the end the following: ``1522. State and local witness tampering and retaliation.''. SEC. 3. SENTENCING GUIDELINES ENHANCEMENT. Pursuant to its authority under section 994 of title 28, United States Code, and in accordance with this section, the United States Sentencing Commission shall amend the Federal Sentencing Guidelines to increase the guideline range for Obstruction of Justice, Sec. 2J1.2, as follows-- (1) by 2 levels if the defendant threatened or harmed 1 or more individuals on more than 1 occasion; (2) by 2 levels if the defendant accepted or paid a bribe or payoff as part of a scheme to obstruct justice; (3) by 2 levels if the defendant destroyed or caused the destruction of documents on a computer; and (4) by 6 levels if the offense resulted in substantial interference with the administration of justice. SEC. 4. WITNESS PROTECTION GRANT PROGRAM. (a) In General.--Subject to subsection (b), the Attorney General shall make competitive grants to eligible State, tribal, and local governments to establish or maintain programs that-- (1) provide protection or assistance to witnesses in-- (A) court proceedings involving homicide, or involving a serious violent felony or serious drug offense as defined in section 3559(c)(2) of title 18, United States Code; and (B) court proceedings involving gangs or organized crime; and (2) provide information and outreach to the public about witness intimidation. (b) Criteria.--In making grants under subsection (a), the Attorney General shall evaluate applicants based upon-- (1) the extent to which the applicant has a lack of infrastructure to support a witness assistance program; (2) the extent to which witness intimidation is present with respect to the applicant; (3) the level of cases not prosecuted by the applicant due to witness intimidation; (4) the number of homicides per capita committed in the jurisdiction of the applicant; (5) the number of serious violent felonies or serious drug offenses, as defined in section 3559(c)(2) of title 18, United States Code, per capita committed in the jurisdiction of the applicant; (6) the extent to which organized crime is present in the jurisdiction of the applicant; and (7) any other appropriate criteria as determined by the Attorney General. (c) Federal Share.-- (1) In general.--The Federal share of the cost of a project carried out using a grant made under this section shall be not more than 75 percent. (2) In-kind contributions.-- (A) In general.--Subject to subparagraph (B), the non-Federal share for a project carried out using a grant made under this section may be made in the form of in-kind contributions that are directly related to the purpose for which the grant was made. (B) Maximum percentage.--Not more than 50 percent of the non-Federal share for a project carried out using a grant made under this section may be in the form of in-kind contributions. (d) Administrative Expenses.--Federal administrative costs to carry out this section for a fiscal year shall not exceed 5 percent of the funds appropriated pursuant to subsection (e) for such fiscal year. (e) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this section.

State Witness Protection Act of 2013 - Amends the federal criminal code to impose criminal penalties on any person who kills, or attempts to kill, a witness in a state or local judicial proceeding, who uses physical force or the threat of force against such a witness, or who offers such witness anything of value with the intent to: (1) influence, delay, or prevent the testimony or attendance of such witness at a state or local judicial proceeding; (2) prevent the production of a record or document in a state or local judicial proceeding; (3) cause or induce any person to withhold testimony or evidence, destroy evidence, evade legal process, or be absent from a state or local judicial proceeding; (4) hinder, delay, or prevent any person from providing information to a state or local law enforcement officer or judge; or (5) retaliate against any person for attending a state or local judicial proceeding or providing information to a law enforcement officer. Directs the U.S. Sentencing Commission to amend guidelines to increase the sentencing range for obstruction of justice if such crime involved threatening, harming, or bribing a witness or the destruction of evidence. Directs the Attorney General to make competitive grants to eligible state, tribal, and local governments to establish or maintain programs that provide: (1) protection or assistance to witnesses in court proceedings involving homicide, a serious violent felony or drug offense, gangs, or organized crime; and (2) information and outreach to the public about witness intimidation. Sets forth criteria by which the Attorney General shall evaluate applicants, including the extent to which: (1) an applicant has a lack of infrastructure to support a witness assistance program, and (2) witness intimidation is present with respect to the applicant.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Return to Prudent Banking Act of 2017''. SEC. 2. GLASS-STEAGALL REVIVED. (a) Wall Between Commercial Banks and Securities Activities Reestablished.--Section 18 of the Federal Deposit Insurance Act (12 U.S.C. 1828) is amended by adding at the end the following new subsection: ``(aa) Limitations on Security Affiliations.-- ``(1) Prohibition on affiliation between insured depository institutions and investment banks or securities firms.--An insured depository institution may not be or become an affiliate of any broker or dealer, any investment adviser, any investment company, or any other person engaged principally in the issue, flotation, underwriting, public sale, or distribution at wholesale or retail or through syndicate participation of stocks, bonds, debentures, notes, or other securities. ``(2) Prohibition on officers, directors, and employees of securities firms service on boards of depository institutions.-- ``(A) In general.--An individual who is an officer, director, partner, or employee of any broker or dealer, any investment adviser, any investment company, or any other person engaged principally in the issue, flotation, underwriting, public sale, or distribution at wholesale or retail or through syndicate participation of stocks, bonds, debentures, notes, or other securities may not serve at the same time as an officer, director, employee, or other institution- affiliated party of any insured depository institution. ``(B) Exception.--Subparagraph (A) shall not apply with respect to service by any individual which is otherwise prohibited under such subparagraph if the appropriate Federal banking agency determines, by regulation with respect to a limited number of cases, that service by such individual as an officer, director, employee, or other institution-affiliated party of any insured depository institution would not unduly influence the investment policies of the depository institution or the advice the institution provides to customers. ``(C) Termination of service.--Subject to a determination under subparagraph (B), any individual described in subparagraph (A) who, as of the date of the enactment of the Return to Prudent Banking Act of 2017, is serving as an officer, director, employee, or other institution-affiliated party of any insured depository institution shall terminate such service as soon as practicable after such date of enactment and no later than the end of the 60-day period beginning on such date. ``(3) Termination of existing affiliation.-- ``(A) Orderly wind-down of existing affiliation.-- Any affiliation of an insured depository institution with any broker or dealer, any investment adviser, any investment company, or any other person, as of the date of the enactment of the Return to Prudent Banking Act of 2017, which is prohibited under paragraph (1) shall be terminated as soon as practicable and in any event no later than the end of the 2-year period beginning on such date of enactment. ``(B) Early termination.--The appropriate Federal banking agency, after opportunity for hearing, may terminate, at any time, the authority conferred by the preceding subparagraph to continue any affiliation subject to such subparagraph until the end of the period referred to in such subparagraph if the agency determines, having due regard for the purposes of this subsection and the Return to Prudent Banking Act of 2017, that such action is necessary to prevent undue concentration of resources, decreased or unfair competition, conflicts of interest, or unsound banking practices and is in the public interest. ``(C) Extension.--Subject to a determination under subparagraph (B), an appropriate Federal banking agency may extend the 2-year period referred to in subparagraph (A) from time to time as to any particular insured depository institution for not more than 6 months at a time, if, in the judgment of the agency, such an extension would not be detrimental to the public interest, but no such extensions shall in the aggregate exceed 1 year. ``(4) Definitions.--For purposes of this subsection, the terms `broker' and `dealer' have the same meanings as in section 3(a) of the Securities Exchange Act of 1934 and the terms `investment adviser' and `investment company' have the meaning given such terms under the Investment Advisers Act of 1940 and the Investment Company Act of 1940, respectively.''. (b) Prohibition on Banking Activities by Securities Firms Clarified.--Section 21 of the Banking Act of 1933 (12 U.S.C. 378) is amended by adding at the end the following new subsection: ``(c) Business of Receiving Deposits.--For purposes of this section, the term `business of receiving deposits' includes the establishment and maintenance of any transaction account (as defined in section 19(b)(1)(C) of the Federal Reserve Act).''. (c) Continued Applicability of ICI v. Camp.-- (1) In general.--The Congress ratifies the interpretation of the paragraph designated the ``Seventh'' of section 5136 of the Revised Statutes of the United States (12 U.S.C. 24, as amended by section 16 of the Banking Act of 1933 and subsequent amendments) and section 21 of the Banking Act of 1933 (12 U.S.C. 378) by the Supreme Court of the United States in the case of Investment Company Institute v. Camp (401 U.S. 617 et seq. (1971)) with regard to the permissible activities of banks and securities firms, except to the extent expressly prescribed otherwise by this section. (2) Applicability of reasoning.--The reasoning of the Supreme Court of the United States in the case referred to in paragraph (1) with respect to sections 20 and 32 of the Banking Act of 1933 (as in effect prior to the date of the enactment of the Gramm-Leach-Bliley Act) shall continue to apply to subsection (aa) of section 18 of the Federal Deposit Insurance Act (as added by subsection (a) of this section) except to the extent the scope and application of such subsection as enacted exceed the scope and application of such sections 20 and 32. (3) Limitation on agency interpretation or judicial construction.--No appropriate Federal banking agency, by regulation, order, interpretation, or other action, and no court within the United States may construe the paragraph designated the ``Seventh'' of section 5136 of the Revised Statutes of the United States (12 U.S.C. 24, as amended by section 16 of the Banking Act of 1933 and subsequent amendments), section 21 of the Banking Act of 1933, or section 18(aa) of the Federal Deposit Insurance Act more narrowly than the reasoning of the Supreme Court of the United States in the case of Investment Company Institute v. Camp (401 U.S. 617 et seq. (1971)) as to the construction and the purposes of such provisions. SEC. 3. REPEAL OF GRAMM-LEACH-BLILEY ACT PROVISIONS. (a) Financial Holding Company.-- (1) In general.--Section 4 of the Bank Holding Company Act of 1956 (12 U.S.C. 1843) is amended by striking subsections (k), (l), (m), (n), and (o). (2) Transition.-- (A) Orderly wind-down of existing affiliation.--In the case of a bank holding company which, pursuant to the amendments made by paragraph (1), is no longer authorized to control or be affiliated with any entity that was permissible for a financial holding company, any affiliation by the bank holding company which is not permitted for a bank holding company shall be terminated as soon as practicable and in any event no later than the end of the 2-year period beginning on such date of enactment. (B) Early termination.--The Board of Governors of the Federal Reserve System, after opportunity for hearing, may terminate, at any time, the authority conferred by the preceding subparagraph to continue any affiliation subject to such subparagraph until the end of the period referred to in such subparagraph if the Board determines, having due regard to the purposes of this Act, that such action is necessary to prevent undue concentration of resources, decreased or unfair competition, conflicts of interest, or unsound banking practices, and is in the public interest. (C) Extension.--Subject to a determination under subparagraph (B), the Board of Governors of the Federal Reserve System may extend the 2-year period referred to in subparagraph (A) above from time to time as to any particular bank holding company for not more than 6 months at a time, if, in the judgment of the Board, such an extension would not be detrimental to the public interest, but no such extensions shall in the aggregate exceed 1 year. (3) Technical and conforming amendments.-- (A) Section 2 of the Bank Holding Company Act of 1956 (12 U.S.C. 1841) is amended by striking subsection (p). (B) Section 5(c) of the Bank Holding Company Act of 1956 (12 U.S.C. 1844(c)) is amended-- (i) by striking paragraphs (3) and (4); and (ii) by redesignating paragraph (5) as paragraph (3). (C) Section 5 of the Bank Holding Company Act of 1956 (12 U.S.C. 1844) is amended by striking subsection (g). (D) The Federal Deposit Insurance Act (12 U.S.C. 1811 et seq.) is amended by striking section 45. (E) Subtitle B of title I of the Gramm-Leach-Bliley Act is amended by striking section 114 (12 U.S.C. 1828a) and section 115 (12 U.S.C. 1820a). (b) Financial Subsidiaries Repealed.-- (1) In general.--Section 5136A of the Revised Statutes of the United States (12 U.S.C. 24a) is amended to read as follows: ``SEC. 5136A. [REPEALED].''. (2) Transition.-- (A) Orderly wind-down of existing affiliation.--In the case of a national bank which, pursuant to the amendments made by paragraph (1), is no longer authorized to control or be affiliated with a financial subsidiary as of the date of the enactment of this Act, such affiliation shall be terminated as soon as practicable and in any event no later than the end of the 2-year period beginning on such date of enactment. (B) Early termination.--The Comptroller of the Currency, after opportunity for hearing, may terminate, at any time, the authority conferred by the preceding subparagraph to continue any affiliation subject to such subparagraph until the end of the period referred to in such subparagraph if the Comptroller determines, having due regard for the purposes of this Act, that such action is necessary to prevent undue concentration of resources, decreased or unfair competition, conflicts of interest, or unsound banking practices and is in the public interest. (C) Extension.--Subject to a determination under subparagraph (B), the Comptroller of the Currency may extend the 2-year period referred to in subparagraph (A) above from time to time as to any particular national bank for not more than 6 months at a time, if, in the judgment of the Comptroller, such an extension would not be detrimental to the public interest, but no such extensions shall in the aggregate exceed 1 year. (3) Technical and conforming amendment.-- (A) The 20th undesignated paragraph of section 9 of the Federal Reserve Act (12 U.S.C. 335) is amended by striking the last sentence. (B) The Federal Deposit Insurance Act is amended by striking section 46 (12 U.S.C. 1831w). (4) Clerical amendment.--The table of sections for chapter one of title LXII of the Revised Statutes of the United States is amended by striking the item relating to section 5136A. (c) Definition of Broker.--Section 3(a)(4)(B) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)(4)(B)) is amended-- (1) by striking clauses (i), (iii), (v), (vii), (x), and (xi); and (2) by redesignating clauses (ii), (iv), (vi), (viii), and (ix) as clauses (i), (ii), (iii), (iv), and (v), respectively. (d) Definition of Dealer.--Section 3(a)(5)(C) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)(5)(C)) is amended-- (1) by striking clauses (i) and (iii); and (2) by redesignating clauses (ii) and (iv) as clauses (i) and (ii), respectively. (e) Definition of Identified Banking Product.--Subsection (a) of section 206 of the Gramm-Leach-Bliley Act (15 U.S.C. 78c note) is amended-- (1) by inserting ``and'' after the semicolon at the end of paragraph (4); (2) in paragraph (5)(B)(ii), by striking ``; or'' and inserting a period; and (3) by striking paragraph (6) and all that follows through the end of such subsection. (f) Definition of Activities Closely Related to Banking.-- (1) In general.--Section 4(c)(8) of the Bank Holding Company Act of 1956 (12 U.S.C. 1843(c)(8)) is amended by striking ``the day before the date of the enactment of the Gramm-Leach-Bliley Act'' and inserting ``January 1, 1970''. (2) Provision allowing for exceptions after report to the congress.--Subsection (j) of section 4 of the Bank Holding Company Act of 1956 (12 U.S.C. 1843(j)) is amended to read as follows: ``(j) Approval for Certain Post-1970 Subsection (c)(8) Activities.-- ``(1) In general.--Notwithstanding the limitation of the January 1, 1970, approval deadline in subsection (c)(8), the Board may determine an activity to be so closely related to banking as to be a proper incident thereto for purposes of such subsection, subject to the requirements of this subsection and such terms and conditions as the Board may require. ``(2) General standards.--In making any determination under paragraph (1), the Board shall consider whether performance of the activity by a bank holding company or a subsidiary of such company can reasonably be expected to result in a violation of section 18(aa) of the Federal Deposit Insurance Act, section 21 of the Banking Act of 1933, or the spirit of section 2(c) of the Return to Prudent Banking Act of 2017, and other possible adverse effects, such as undue concentration of resources, decreased or unfair competition, conflicts of interests, or unsound banking practices. ``(3) Report and wait.--No determination of the Board under paragraph (1) may take effect before the end of the 180-day period beginning on the date by which notice of the determination has been submitted to both Houses of the Congress together with a detailed explanation of the activities to which the determination relates and the basis for the determination, unless before the end of such period, such activities have been approved by an Act of Congress.''. (g) Repeal of Provision Relating to Foreign Banks Filing as Financial Holding Companies.--Section 8(c) of the International Banking Act of 1978 (12 U.S.C. 3106(c)) is amended by striking paragraph (3). SEC. 4. REPORTS TO THE CONGRESS. (a) Reports Required.--Each time the Board of Governors of the Federal Reserve System, the Comptroller of the Currency, or another appropriate Federal banking agency makes a determination or an extension under subparagraph (B) or (C) of paragraph (2) or (3) of section 18(aa) of the Federal Deposit Insurance Act (as added by section 2(a)) or subparagraph (B) or (C) of subsection (a)(2) or (b)(2) of section 3, as the case may be, the Board, Comptroller, or agency shall promptly submit a report of such determination or extension to the Congress. (b) Contents.--Each report submitted to the Congress under subsection (a) shall contain a detailed description of the basis for the determination or extension.

Return to Prudent Banking Act of 2017 This bill prohibits an insured depository institution from affiliating with any person or firm engaged principally in, among other things, issuing or selling stocks, bonds, notes, or other securities. Officers, directors and employees of securities firms are prohibited from simultaneously serving as an officer, director, or employee of a depository institution, except in specified circumstances. Any such individual serving as an officer, director, employee, or other institution-affiliated party of any insured depository institution must terminate such service as soon as practicable after enactment of this bill. Any affiliation of an insured depository institution with any broker, dealer, investment adviser, or investment company must be terminated as soon as practicable. No entity issuing or selling stocks, bonds, or other securities may engage in the business of receiving deposits, which includes the establishment and maintenance of transaction accounts, as defined in the Federal Reserve Act. This bill declares that Congress ratifies the interpretation by the Supreme Court of specified statutory language in Investment Company Institute v. Camp (ICI) regarding permissible activities of banks and securities firms. It further declares that the reasoning of the Court in that case shall continue to apply to the limitations placed upon security affiliations under the Federal Deposit Insurance Act as enacted by this bill. No federal banking agency or federal court shall issue an interpretation regarding such security affiliations that is narrower than that of the court in ICI. This bill repeals certain provisions of the Gramm-Leach-Bliley Act, including those pertaining to regulation of financial holding companies and the conditions for engaging in financial activities.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Biometric Identification Transnational Migration Alert Program Authorization Act of 2018''. SEC. 2. BIOMETRIC IDENTIFICATION TRANSNATIONAL MIGRATION ALERT PROGRAM. (a) In General.--Subtitle D of title IV of the Homeland Security Act of 2002 (6 U.S.C. 251 et seq.) is amended by adding at the end the following new section: ``SEC. 447. BIOMETRIC IDENTIFICATION TRANSNATIONAL MIGRATION ALERT PROGRAM. ``(a) Establishment.--There is established in the Department a program to be known as the Biometric Identification Transnational Migration Alert Program (referred to in this section as `BITMAP') to address and reduce national security, border security, and terrorist threats before such threats reach the international border of the United States. ``(b) Duties.--In carrying out BITMAP operations, the Secretary, acting through the Director of U.S. Immigration and Customs Enforcement, shall-- ``(1) coordinate, in consultation with the Secretary of State, appropriate representatives of foreign governments, and the heads of other Federal agencies, as appropriate, to facilitate the voluntary sharing of biometric and biographic information collected from foreign nationals for the purpose of identifying and screening such nationals to identify those nationals who may pose a terrorist threat or a threat to national security or border security; ``(2) provide capabilities, including training and equipment, to partner countries to voluntarily collect biometric and biographic identification data from individuals to identify, prevent, detect, and interdict high risk individuals identified as national security, border security, or terrorist threats who may attempt to enter the United States utilizing illicit pathways; ``(3) provide capabilities, including training and equipment, to partner countries to compare foreign data against appropriate United States national security, border security, terrorist, immigration, and counter-terrorism data, including-- ``(A) the Federal Bureau of Investigation's Terrorist Screening Database, or successor database; ``(B) the Federal Bureau of Investigation's Next Generation Identification database, or successor database; ``(C) the Department of Defense Automated Biometric Identification System (commonly known as `ABIS'), or successor database; ``(D) the Department's Automated Biometric Identification System (commonly known as `IDENT'), or successor database; and ``(E) any other database, notice, or means that the Secretary, in consultation with the heads of other Federal departments and agencies responsible for such databases, notices, or means, designates; and ``(4) provide partner countries with training, guidance, and best practices recommendations regarding the enrollment of individuals in BITMAP; and ``(4)(5) ensure biometric and biographic identification data collected pursuant to BITMAP are incorporated into appropriate United States Government databases, in compliance with the policies and procedures established by the Privacy Officer appointed under section 222. ``(c) Collaboration.--The Secretary shall ensure that BITMAP operations include participation from relevant components of the Department, and request participation from other Federal agencies, as appropriate. ``(d) Agreements.--Before carrying out BITMAP operations in a foreign country that, as of the date of the enactment of this section, was not a partner country described in this section, the Secretary, in consultation with the Secretary of State, shall enter into agreement or arrangement with the government of such country that sets forth program goals for such country, includes training, guidance, and best practices recommendations regarding the enrollment of individuals in BITMAP, and outlines such operations in such country, including related departmental operations. Such country shall be a partner country described in this section pursuant to and for purposes of such agreement or arrangement. ``(e) Notification to Congress.--Not later than 60 days before an agreement with the government of a foreign country to carry out BITMAP operations in such foreign country enters into force, the Secretary shall provide the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate with a copy of the agreement to establish such operations, which shall include-- ``(1) the identification of the foreign country with which the Secretary intends to enter into such an agreement; ``(2) the location at which such operations will be conducted; and ``(3) goals for BITMAP operations in the foreign country; and ``(3)(4) the terms and conditions for Department personnel operating at such location. ''. ``(f) Captured Information of United States Citizens.--The Secretary shall ensure that any biometric and biographic identification data of United States citizens that is captured by BITMAP operations is expunged from all databases to which such data was uploaded, unless the information is retained for specific law enforcement or intelligence purposes.''. (b) Report.--Not later than 180 days after the date on which the Biometric Identification Transnational Migration Alert Program (BITMAP) is established under section 447 of the Homeland Security Act of 2002 (as added by subsection (a) of this section) and annually thereafter for the following five years, the Secretary of Homeland Security shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report that details the effectiveness of BITMAP operations in enhancing national security, border security, and counterterrorism operations. that-- (1) outlines the strategic goals and operational plans for BITMAP; (2) outlines key efforts and the progress made with each partner country; (3) provides a description of the agreement or arrangement with the government of each partner country, if practicable; (4) provides budget information related to expenditures in support of BITMAP, including the source of funding and the anticipated expenditures; (5) sets forth the department personnel, equipment, and infrastructure support to be used by BITMAP, broken down by country and number; (6) includes the number of individuals each partner country enrolled into BITMAP during the reporting period, broken down by key categories, as determined by U.S. Immigration and Customs Enforcement; (7) includes the training, guidance, and best practices recommendations provided pursuant to section 447(b)(4) of the Homeland Security Act of 2002, as added by subsection (a); (8) includes a review of the redress process for BITMAP; and (9) details the effectiveness of BITMAP operations in enhancing national security, border security, and counterterrorism operations. (c) Briefings.--Shortly after each report is submitted pursuant to subsection (b), the Secretary of Homeland Security shall brief the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives regarding-- (1) individuals enrolled in BITMAP who have been apprehended at the United States border or in the interior of the United States; and (2) asylum claims that were submitted by individuals who are enrolled in BITMAP; (d) GAO Audit.--Not later than 6 months after the date of the enactment of this Act, and every 3 years thereafter, the Comptroller General of the United States shall-- (1) conduct an audit that analyzes the effectiveness of BITMAP operations; and (2) submit a report containing the results of such audit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives. (e) Sunset.--Section 447 of the Homeland Security Act of 2002, as added by subsection (a) shall be repealed on the date that is 6 years after the date of the enactment of this Act. (c)(f) Clerical Amendment.--The table of contents in section 1(b) of the Homeland Security Act of 2002 is amended by inserting after the item relating to section 446 the following new item: ``Sec. 447. Biometric Identification Transnational Migration Alert Program.''.

Biometric Identification Transnational Migration Alert Program Authorization Act of 2018 (Sec. 2) This bill amends the Homeland Security Act of 2002 to provide statutory authority for the Department of Homeland Security (DHS) Biometric Identification Transnational Migration Alert Program (BITMAP). That program was established to address and reduce national security, border security, and terrorist threats before such threats reach the international border of the United States. In carrying out BITMAP operations, U.S. Immigration and Customs Enforcement must: (1) coordinate foreign and U.S. officials to facilitate the sharing of biometric and biographic information of foreign nationals to identify and screen such nationals for terrorism and threats to national or border security; (2) provide capabilities, including training and equipment, to collect and compare biometric and biographic identification data of foreign nationals to protect against national security, border security, or terrorist threats and illegal entries; and (3) ensure that such data are incorporated into appropriate government databases. Before carrying out BITMAP operations in a foreign country, DHS must enter into an agreement with the government of such country that outlines such operations and must provide the congressional homeland security committees with a copy of the agreement.

SECTION 1. YUMA CROSSING NATIONAL HERITAGE AREA BOUNDARY ADJUSTMENT. Section 3(b) of the Yuma Crossing National Heritage Area Act of 2000 (16 U.S.C. 461 note; Public Law 106-319) is amended to read as follows: ``(b) Boundaries.--The Heritage Area shall be comprised generally of the riverfront and downtown areas. More specifically, the boundaries shall be as follows: ``A boundary with a true point of beginning and inclusive of a section of land located at Township 8 South, Range 22 West, Section 19 and excepting there from parcels108-16-004 and 108-16-002 and said boundary beginning at the northwest section corner in alignment with the north right-of-way line of the Colorado River Levee and thence westerly along the north right-of-way line of the Colorado River Levee a distance of 15,840 ft (+/-) to the point of intersection of the north right-of-way line of the Colorado River Levee and the centerline of Quechan Road/Penitentiary Avenue, thence southerly along the centerline of Quechan Road/Penitentiary Avenue a distance of 1,320 ft (+/-) to the point of intersection of the centerline of Quechan Road/Penitentiary Avenue and the north full bank line of the Colorado River, thence westerly along the north full bank line of the Colorado River a distance of 10,579 ft (+/-) to the point of intersection of the north full bank line of the Colorado River and the centerline of 23rd Avenue, thence southerly along the centerline of 23rd Avenue a distance of 1,320 ft (+/-) to the point of intersection of the centerline of 23rd Avenue and the southern right-of-way line of the Yuma Valley Levee/Yuma Valley Railroad right-of-way, thence easterly along the southern right- of-way line of the Yuma Valley Levee/Yuma Valley Railroad right-of-way a distance of 6,953ft (+/-) to the point of intersection of the southern right-of-way line of the Yuma Valley Levee/Yuma Valley Railroad and the centerline of Lovers Lane, thence southwesterly along the centerline of Lovers Lane a distance of 948 ft (+/-) to the point of intersection of the centerline of Lovers Lane and the centerline of First Street, thence easterly along the centerline of First Street a distance of 1,390 ft (+/-) to the point of intersection of the centerline of First Street and the centerline of the alleyway mid-block between 1st and 2nd Avenues, thence southerly along the centerline of the alleyway mid-block between 1st and 2nd Avenues a distance of 2,030 ft (+/-) to the point of intersection of the centerline of the alleyway mid-block between 1st and 2nd Avenues and the centerline of Giss Parkway, thence westerly along the centerline of Giss Parkway a distance of 190 ft (+/-) to the point of intersection of the centerline of Giss Parkway and the centerline of 2nd Avenue, thence southerly along the centerline of 2nd Avenue a distance of 660' (+/-) to the point of intersection of the centerline of 2nd Avenue and the centerline of 4th Street, thence westerly along the centerline of 4th Street a distance of 570 ft (+/-) to the point of intersection of the centerline of 4th Street and the centerline of the alleyway between 3rd and 4th Avenues, thence southerly along the centerline of the alleyway between 3rd and 4th Avenues a distance of 660 ft (+/-) to the point of intersection of the centerline of the alleyway between 3rd and 4th Avenues and the centerline of 5th Street, thence westerly along the centerline of 5th Street a distance of 190 ft (+/-) to the point of intersection of the centerline of 5th Street and the centerline of 4th Avenue, thence southerly along the centerline of 4th Avenue a distance of 660 ft (+/-) to the point of intersection of the centerline of 4th Avenue and the centerline of 6th Street, thence easterly along the centerline of 6th Street a distance of 190 ft (+/-) to the point of intersection of the centerline of 6th Street and the centerline of the alleyway between 3rd and 4th Avenues, thence southerly along the centerline of the alleyway a distance of 660 ft (+/-) to the point of intersection of the centerline of the alleyway between 3rd and 4th Avenues and the centerline of 7th Street, thence easterly along the centerline of 7th Street a distance of 190 ft (+/-) to the point of intersection of the centerline of 7th Street and the centerline of 3rd Avenue, thence southerly along the centerline of 3rd Avenue a distance of 440 ft (+/-) to the point of intersection of the centerline of 3rd Avenue and the centerline of 8th Street, thence easterly along the centerline of 8th Street a distance of 1,140 ft (+/-) to the point of intersection of the centerline of 8th Street and the centerline of Madison Avenue, thence northerly along the centerline of Madison Avenue a distance 1,765 ft (+/-) to the point of intersection of the centerline of Madison Avenue and the centerline of 5th Street, thence easterly along the centerline of 5th Street a distance of 2,035 ft (+/ -) to the point of intersection of the centerline of 5th Street and the centerline of the Union Pacific/Southern Pacific Railroad right-of-way, thence north/northwesterly along the centerline of the Union Pacific/ Southern Pacific Railroad right-of-way a distance of 5,402 ft(+/-) to the point of intersection of the centerline of the Union Pacific/ Southern Pacific Railroad right-of-way and the centerline of Prison Lane, thence east/southeasterly along the centerline of Prison Lane a distance of 535 ft (+/-) to the point of intersection of the centerline of Prison Lane and the southern right-of-way line of the Gila River Levee, thence southeasterly along the southern right-of-way line of the Gila River Levee a distance of 3,320 ft (+/-) to a point, thence easterly along the southern right-of-way line of the Gila River Levee a distance of 13,540 ft (+/-) to the southwest section corner of Township 8 South, Range 22 West, Section 19, inclusive of the section and excepting there from the aforementioned parcels, as the true point of beginning.''.

Adjusts the boundaries of the Yuma Crossing National Heritage Area to comprise generally the riverfront and downtown areas and specifies the exact boundaries of the Heritage Area.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fairness to Local Contractors Act''. SEC. 2. ENHANCEMENT OF STATE ENFORCEMENT OF STATE TAX, EMPLOYMENT, AND LICENSING LAWS AGAINST CONSTRUCTION CONTRACTORS. (a) Requirement for State Tax Clearance From Potential Construction Contractors.-- (1) Defense contracts.--Section 2305(b) of title 10, United States Code, is amended by adding at the end the following new paragraph: ``(10) In order to be considered a responsible bidder or offeror for a contract for the construction of a public building, facility, or work, a bidder or offeror shall submit with the bid or offer a tax clearance from the State in which the contract is to be performed. For purposes of this paragraph, a tax clearance is a document from an appropriate State agency indicating that the bidder or offeror is in compliance with all the tax laws of the State in which the contract is to be performed.''. (2) Civilian agency contracts.--Section 303B of title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253b) is amended by adding at the end the following new subsection: ``(n) Tax Clearance.--In order to be considered a responsible bidder or offeror for a contract for the construction of a public building, facility, or work, a bidder or offeror shall submit with the bid or offer a tax clearance from the State in which the contract is to be performed. For purposes of this paragraph, a tax clearance is a document from an appropriate State agency indicating that the bidder or offeror is in compliance with all the tax laws of the State in which the contract is to be performed.''. (b) Requirement To Withhold Final Contract Payment Until Receipt of State Tax Clearance and Certification of Compliance With Employment Laws From Contractor.-- (1) Defense contracts.--Section 2307 of title 10, United States Code, is amended by adding at the end the following new subsection: ``(j) Requirement To Withhold Final Payment.--(1) The head of an agency shall withhold final payment under a contract for the construction of a public building, facility, or work until the contractor submits to the agency both of the following: ``(A) A tax clearance from the State in which the contract is or was performed. ``(B) A certification stating that the contractor is in compliance (or was in compliance during the performance of the contract) with all applicable State laws that require employers to make payments to or for the benefit of employees, including laws relating to unemployment insurance, workers compensation, health insurance, and disability insurance. ``(2) For purposes of this subsection, a tax clearance is a document from an appropriate State agency indicating that the contractor is or was in compliance with all the tax laws of the State in which the contract is or was performed.''. (2) Civilian agency contracts.--Section 305 of title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 255) is amended by adding at the end the following new subsection: ``(h) Requirement To Withhold Final Payment.--(1) The head of an executive agency shall withhold final payment under a contract for the construction of a public building, facility, or work until the contractor submits to the agency both of the following: ``(A) A tax clearance from the State in which the contract is or was performed. ``(B) A certification stating that the contractor is in compliance (or was in compliance during the performance of the contract) with all applicable State laws that require employers to make payments to or for the benefit of employees, including laws relating to unemployment insurance, workers compensation, health insurance, and disability insurance. ``(2) For purposes of this subsection, a tax clearance is a document from an appropriate State agency indicating that the contractor is or was in compliance with all the tax laws of the State in which the contract is or was performed.''. (c) Authority To Withhold Payment to Contractor of Amounts Necessary To Meet State Tax Obligations.-- (1) Defense contracts.--Section 2307 of title 10, United States Code, is further amended by adding at the end the following new subsection: ``(k) Authority To Withhold Payment To Meet State Tax Obligations.--The head of an agency may withhold, from any payment due to a contractor under a contract made by the agency for the construction of a public building, facility, or work, an amount considered necessary by the head of the agency to pay to the State in which the contract is being performed the amount of the contractor's State tax liability that is attributable to the contract. The head of the agency that so withholds a payment may, upon request of the State in which the contract is being performed and with such documentation as the head of the agency considers necessary, pay such tax liability amount directly to the State from the withheld payment. Any amount of a withheld payment that exceeds the actual State tax liability amount shall be paid to the contractor.''. (2) Civilian agency contracts.--Section 305 of title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 255) is further amended by adding at the end the following new subsection: ``(i) Authority To Withhold Payment To Meet State Tax Obligations.--The head of an executive agency may withhold, from any payment due to a contractor under a contract made by the agency for the construction of a public building, facility, or work, an amount considered necessary by the head of the agency to pay to the State in which the contract is being performed the amount of the contractor's State tax liability that is attributable to the contract. The head of the executive agency that so withholds a payment may, upon request of the State in which the contract is being performed and with such documentation as the head of the agency considers necessary, pay such tax liability amount directly to the State from the withheld payment. Any amount of a withheld payment that exceeds the actual State tax liability amount shall be paid to the contractor.''. (d) Requirement for Construction Contractors To Obtain Applicable State Licenses.-- (1) Defense contracts.--(A) Chapter 141 of title 10, United States Code, is amended by adding at the end the following new section: ``Sec. 2410n. Construction contracts: requirement to obtain applicable State licenses ``The Secretary of Defense shall require, in any contract entered into by the Secretary for the construction of a public building, facility, or work which is to be performed in a State that requires persons performing the type of work to be performed under the contract to be licensed, that the contractor be so licensed.''. (B) The table of sections at the beginning of such chapter is amended by adding at the end the following new item: ``2410n. Construction contracts: requirement to obtain applicable State licenses.''. (2) Civilian agency contracts.--Title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.) is amended by adding at the end the following new section: ``SEC. 318. CONSTRUCTION CONTRACTS: REQUIREMENT TO OBTAIN APPLICABLE STATE LICENSES. ``The head of an executive agency shall require, in any contract entered into by the agency for the construction of a public building, facility, or work which is to be performed in a State that requires persons performing the type of work to be performed under the contract to be licensed, that the contractor be so licensed.''. (e) Requirement To Explain Hawaii Excise Tax in Federal Acquisition Regulation.--The Federal Acquisition Regulation shall be revised to contain provisions explaining the general excise tax law of the State of Hawaii. (f) Effective Date.--The amendments made by this Act shall apply with respect to contracts entered into after the date of the enactment of this Act.

Fairness to Local Contractors Act - Amends the Federal Property and Administrative Services Act of 1949 and defense contract law to require a bidder or offeror, to be considered a responsible bidder or offeror for the construction of a public building, facility, or work, to submit a tax clearance (a document stating that such entity is in compliance with all State tax laws) from the State in which the contract is to be performed. Requires the head of a Federal or defense agency to withhold the final payment under such a contract until the contractor submits both a tax clearance and a certification of compliance with all State laws concerning payments to employees under a contract, including unemployment insurance, workers compensation, health insurance, and disability insurance. Authorizes the head of a Federal or defense agency to: (1) withhold from any contractor payments amounts necessary to pay any State tax liability attributable to the contract; and (2) pay such amount directly to such State. Directs the Secretary of Defense or agency head to require a contractor to be licensed if the State in which a construction contract is to be performed requires a license. Requires revision of the Federal Acquisition Regulation to explain the general excise tax law of Hawaii.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Midewin National Tallgrass Prairie Expansion Act of 2008''. SEC. 2. TRANSFER OF ADMINISTRATIVE JURISDICTION AND LAND CONVEYANCES INVOLVING JOLIET TRAINING AREA, ILLINOIS. (a) Findings.--Congress finds the following: (1) The Midewin National Tallgrass Prairie in Will County, State of Illinois, constitutes some of the last vestiges of natural prairie ecosystems in the United States, and its administration by the Secretary of Agriculture pursuant to the Illinois Land Conservation Act of 1995 (title XXIX of Public Law 104-106; 110 Stat. 594) provides significant public benefits in resource conservation and protection, wildlife habitat, and public recreation. (2) The Joliet Training Area presently administered by the Secretary of the Army (in this section referred to as the ``JTA'') is adjacent to the Midewin National Tallgrass Prairie, but the JTA is no longer needed for military purposes. (3) The Illinois Land Conservation Act of 1995 requires the eventual incorporation of JTA into the Midewin National Tallgrass Prairie subject to meeting local land use needs as provided in such Act. (b) Map.--For purposes of this section, the JTA comprises those federally owned lands and interests in lands depicted on a map entitled ``Joliet Training Area Lands, April 2008'' (in this section referred to as the ``map''). The map shall be on file and available for public inspection in the Office of the Chief of the Forest Service. (c) Transfer of Jurisdiction.--Administrative jurisdiction over the JTA is hereby transferred, without consideration, from the Secretary of the Army to the Secretary of Agriculture. This transfer of administrative jurisdiction does not eliminate or reduce any obligation of the Secretary of the Army under the Illinois Land Conservation Act of 1995 (title XXIX of Public Law 104-106) or this section. (d) Management.-- (1) Inclusion in midewin national tallgrass prairie.--The JTA lands transferred by subsection (c) shall be administered by the Secretary of Agriculture as part of the Midewin National Tallgrass Prairie in accordance with the Illinois Land Conservation Act of 1995 (title XXIX of Public Law 104-106) and the laws and regulations pertaining to the National Forest System. (2) Management plan.--The Secretary of Agriculture shall manage the transferred lands consistent with the land and resource management plan for the Midewin National Tallgrass Prairie and include consideration of the transferred lands in the next regular update of such management plan. (3) Effect on existing rights.--The Secretary of Agriculture shall administer any valid permit, lease, or other authorization on the JTA lands transferred by subsection (c) under its existing terms, except that any renewal or modification shall be at the option of the Secretary of Agriculture on such terms and conditions as the Secretary may prescribe. (e) Conveyance to Will County.-- (1) Conveyance required.--Subject to valid existing rights, within 180 days after the date of the enactment of this Act, the Secretary of Agriculture shall convey by quitclaim deed, without cash consideration, to Will County, Illinois, all right, title, and interest of the United States in and to the parcel of land consisting of approximately 351 acres and depicted on the map as the ``Will County Conveyance Parcel''. (2) Restrictive covenant.--The quitclaim deed shall contain restrictive covenants enforceable by the Secretary of Agriculture for the benefit of the appurtenant Federal lands and the Midewin National Tallgrass Prairie. The covenants shall require that the lands conveyed to Will County, Illinois, shall be used only for the following governmental purposes: (A) Parks and recreation. (B) Firing ranges for small arms. (C) Office and training facilities for fire fighters, police, and emergency personnel. (D) Public safety facilities (but not facilities for incarceration). (E) Offices for county and municipal governments. (3) Prohibited uses.--The lands conveyed under this subsection shall not be used for industrial or commercial purposes, including landfills, parking and transportation facilities, power generation facilities, or waste water treatment (except for wastes generated on site). (4) Reserved rights.--The quitclaim deed shall reserve in the United States-- (A) rights or easements for public and administrative access and utilities over Arsenal Road and such other rights-of-way as the Secretary of Agriculture shall designate; (B) mineral rights; (C) surface and underground waters, subject to reasonable use on site by the County; and (D) rights to permit Federal, State, and local law enforcement, public safety, and land management agencies to have access to and use of training facilities located on the property as of the date of the enactment of this Act or constructed after that date, subject to the right of Will County to manage such uses and to charge reasonable fees commensurate with use as necessary to cover its operating and maintenance costs. (5) Environmental cleanup.--With respect to the lands conveyed to Will County pursuant to this subsection, the Secretary of the Army shall comply with the requirements of section 120 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9620). (6) Administrative costs.--Will County shall cover the cost of the conveyance under this subsection, including survey and similar expenses. (f) Conveyance to CenterPoint Properties.-- (1) Conveyance required.--The Secretary of Agriculture shall convey by quitclaim deed to CenterPoint Properties, LLC (in this section referred to as ``CenterPoint''), an easement to the lands depicted on the map as the ``CenterPoint Conveyance Parcel''. (2) Purpose of easement.--The easement shall permit the holder to construct roads and railroads for access to appurtenant properties, subject to terms and conditions prescribed by the Army Corps of Engineers pursuant to section 404 of the Clean Water Act (33 U.S.C. 1344) and any other applicable law and regulation. (3) Reserved rights.--The easement shall reserve in the United States public access over any roads, and may prescribe remedies for failure to meet any of the consideration obligations of paragraph (4). (4) Consideration.--Consideration for the easement provided by this subsection shall be as follows: (A) A cash payment equal to the market value of the easement based on an appraisal prepared in conformity with the Uniform Appraisal Standards for Federal Land Acquisitions and approved by the Forest Service. (B) An agreement or cash payment by CenterPoint to fund a wetland mitigation project prescribed by the Secretary of Agriculture and the Army Corps of Engineers that effects the permanent enhancement, restoration, and creation of wetlands and other rare flora and fauna community types on the JTA and adjacent lands. (C) An agreement by CenterPoint to pay the Secretary of Agriculture a reasonable annual fee, the amount to be established annually by the Forest Service, for the purpose of controlling invasive and exotic species and for conducting other environmental measures deemed necessary by the Forest Service on the easement areas. (D) A cash payment of $1,000,000 by CenterPoint to a nonprofit corporation established under the laws of the State of Illinois, with such corporation to be designated at the sole discretion of the Secretary of Agriculture, for purposes of establishing a charitable foundation to fund habitat restoration at the Midewin National Tallgrass Prairie. (5) Administrative costs.--CenterPoint shall cover all costs associated with the conveyance of the easement under this subsection, including costs of survey, appraisal, and document preparation, and reasonable administrative costs of the Department of Agriculture, including legal expenses. (g) Disposition of Certain Receipts.-- (1) Payment to secretary of the army.--The cash payment required by subsection (f)(4)(A) shall be paid to the Secretary of the Army, and shall be availability to the Secretary of the Army, without further appropriation and until expended, for any purposes authorized under existing law. (2) Payment to secretary of agriculture.--The cash payments required by subsections (f)(4)(B) and (f)(4)(C) shall be deposited into the MNP Rental Fee Account established under section 2915(c) of the Illinois Land Conservation Act of 1995 (title XXIX of Public Law 104-106; 110 Stat. 601), to be merged with other funds in the MNP Rental Fee Account and availability to the same extent and for the same purposes as other funds in the MNP Rental Fee Account. Monies so deposited into the MNP Rental Fee Account shall not be subject to transfer or reprogramming for wildland fire management or any other purpose (h) Environmental Cleanup.-- (1) Obligations and liabilities.--With respect to the lands comprising the JTA, the Secretary of the Army shall have the same obligations and liabilities for environmental clean up as enumerated in sections 2912(c), 2912(d), and 2913 of the Illinois Land Conservation Act of 1995 (title XXIX of Public Law 104-106; 110 Stat. 597, 598). (2) Preliminary assessment/site inspection.--Within 180 days after the date of the enactment of this Act, the Secretary of the Army shall provide a Preliminary Assessment/Site Inspection to the Secretary of Agriculture for the lands comprising the JTA. (3) Remediation plans.--Within 1 year after the date of the enactment of this Act, the Secretary of the Army shall develop and provide to the Secretary of Agriculture plans to remediate the Recognized Environmental Conditions identified by the Preliminary Assessment/Site Inspection. (4) Completion of remediation.--Within 2 years after the date of the enactment of this Act, the Secretary of the Army shall certify to the Secretary of Agriculture that all remediation activities have been completed. (i) Records.--Within 1 year after the date of the enactment of this Act, the Secretary of the Army shall transfer to the Secretary of Agriculture all original records pertaining to land titles, surveys, utilities, and other records pertaining to the JTA. (j) Prairie Restoration Fund Amendment.--Section 2915(f) of the Illinois Land Conservation Act of 1995 (title XXIX of Public Law 104- 106; 110 Stat. 602) is amended by striking the first two sentences and inserting the following new sentences: ``Monies collected pursuant to subsections (d) and (e), as well as any other monies collected or received with regard to the MNP as may be provided by law, shall be covered into the Treasury and constitute a special fund known as the `Midewin National Tallgrass Prairie Restoration Fund' which funds shall be available until expended, without further appropriation, for purposes of or related to the Midewin National Tallgrass Prairie as provided in section subsections (c), (d), and (e) of section 2914. Monies deposited into the Fund shall not be subject to transfer or reprogramming for wildland fire management or any other emergency purpose unless specifically authorized by Congress.''.

Midewin National Tallgrass Prairie Expansion Act of 2008 - Transfers administrative jurisdiction over the Joliet Training Area (JTA) from the Secretary of the Army to the Secretary of Agriculture. Directs the Secretary of Agriculture to convey a specified parcel of land to Will County, Illinois. Requires the deed for such land to contain restrictive covenants enforceable by such Secretary for the benefit of the appurtenant federal lands and the Midewin National Tallgrass Prairie. Requires the conveyed lands to only be used for: (1) parks and recreation; (2) firing ranges for small arms; (3) office and training facilities for fire fighters, police, and emergency personnel; (4) public safety facilities (but not for incarceration); and (5) offices for county and municipal governments. Prohibits the use of such lands for industrial or commercial purposes. Provides for environmental remediation of the lands conveyed to the county. Directs the Secretary of Agriculture to convey to CenterPoint Properties, LLC, an easement to specified lands to permit the construction of roads and railroads for access to appurtenant properties. Provides for certain cash payments. Requires the Secretary of the Army to provide a preliminary assessment/site inspection to the Secretary of Agriculture for the lands comprising the JTA and to develop plans for remediation of the recognized environmental conditions identified by the preliminary assessment/site inspection.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Mobilized Reserve Savings Account Act''. SEC. 2. DEDUCTION FOR CONTRIBUTIONS TO SAVINGS ACCOUNTS OF ARMED FORCES RESERVES. (a) In General.--Part VII of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to additional itemized deductions for individuals) is amended by redesignating section 223 as section 224 and by inserting after section 222 the following new section: ``SEC. 223. CONTRIBUTIONS TO ARMED FORCES RESERVE SAVINGS ACCOUNTS. ``(a) Deduction Allowed.-- ``(1) In general.--In the case of an individual who is a qualified reservist, there shall be allowed as a deduction for the taxable year an amount equal to the contributions of the individual to an Armed Forces reserve savings account of the individual for the taxable year. ``(2) Maximum amount.--The amount allowable as a deduction under subsection (a) to any individual for a taxable year shall not exceed the lesser of-- ``(A) $5,000, or ``(B) $25,000, reduced by the aggregate contributions by such individual to Armed Forces reserve savings accounts for all preceding taxable years. ``(b) Qualified Reservist.--For purposes of this section, the term `qualified reservist' means an individual who, on the last day of the taxable year, is a member of a reserve component of the Armed Forces. ``(c) Armed Forces Reserve Savings Account.--For purposes of this section, the term `Armed Forces reserve savings account' means a trust created or organized in the United States for the exclusive benefit of an individual and the individual's beneficiaries, but only if the written governing instrument creating the trust meets the following requirements: ``(1) No contribution will be accepted unless it is in cash. ``(2) The trustee is a bank (as defined in section 408(n)) or another person who demonstrates to the satisfaction of the Secretary that the manner in which that person will administer the trust will be consistent with the requirements of this section. ``(3) No part of the trust assets will be invested in life insurance contracts. ``(4) The assets of the trust will not be commingled with other property except in a common trust fund or common investment fund. ``(5) The interest of an individual in the balance of the individual's account is nonforfeitable. ``(d) Tax Treatment of Distributions.-- ``(1) In general.--Except as otherwise provided in this subsection, any amount paid or distributed out of an Armed Forces reserve savings account shall be included in the gross income of the payee or distributee for the taxable year in which the payment or distribution is received in the manner provided under section 72. ``(2) Excess contributions returned before due date of return.--Paragraph (1) shall not apply to the distribution of any contribution paid during a taxable year to an Armed Forces reserve savings account to the extent that such contribution exceeds the amount allowable as a deduction under subsection (a) if-- ``(A) such distribution is received on or before the day prescribed by law (including extensions of time) for filing such individual's return for such taxable year, ``(B) no deduction is allowed under subsection (a) with respect to such excess contribution, and ``(C) such distribution is accompanied by the amount of net income attributable to such excess contribution. Any net income described in subparagraph (C) shall be included in the gross income of the individual for the taxable year in which such excess contribution was made. ``(3) Rollover contribution.-- ``(A) In general.--Paragraph (1) shall not apply to any amount paid or distributed from an Armed Forces reserve savings account to the account holder to the extent the amount received is paid to another such account for the benefit of such holder not later than the 60th day on which the holder receives the payment or distribution. ``(B) Limitation.--If an individual receives more than 1 payment or distribution during any 12-month period, this paragraph shall not apply to any such payment or distribution to the individual if this paragraph previously applied to any such payment or distribution. ``(4) Additional tax on certain distributions.-- ``(A) In general.--The tax imposed by this chapter on the account holder for any taxable year in which there is a payment or distribution from an Armed Forces reserve account which is includible in gross income shall be increased by 10 percent of the amount which is so includible. ``(B) Exceptions related to military service.-- Subparagraph (A) shall not apply if the payment or distribution is made-- ``(i) during any period during which the account holder is serving on active duty to which called or ordered under a provision of law referred to in section 101(a)(13)(B) of title 10, United States Code, or ``(ii) after the account holder ceases to be a member of a reserve component of the Armed Forces or is transferred to the retired list of such a reserve component. For purposes of clause (i), a payment made during the 60-day period immediately preceding or following the period described in clause (i) shall be treated as made during the period so described. ``(C) Exceptions for disability or death.-- Subparagraph (A) shall not apply if the payment or distribution is made after the account holder becomes disabled within the meaning of section 72(m)(7) or dies. ``(5) Investment in collectibles treated as distributions.--Rules similar to the rules of section 408(m) shall apply for purposes of this section. ``(e) Tax Treatment of Accounts.-- ``(1) Exemption from tax.--An Armed Forces reserve savings account is exempt from taxation under this subtitle unless such account has ceased to be an Armed Forces reserve savings account by reason of paragraph (2). Notwithstanding the preceding sentence, any such account is subject to the taxes imposed by section 511 (relating to imposition of tax on unrelated business income of charitable, etc. organizations). ``(2) Loss of exemption of account where individual engages in prohibited transaction.-- ``(A) In general.--If the individual for whose benefit an Armed Forces reserve savings account is established or any individual who contributes to such account engages in any transaction prohibited by section 4975 with respect to the account, the account shall cease to be an Armed Forces reserve savings account as of the first day of the taxable year (of the individual so engaging in such transaction) during which such transaction occurs. ``(B) Account treated as distributing all its assets.--In any case in which any account ceases to be an Armed Forces reserve savings account by reason of subparagraph (A) as of the first day of any taxable year, paragraph (1) of subsection (d) shall apply as if there was a distribution on such first day in an amount equal to the fair market value (on such first day) of all assets in the account (on such first day). ``(3) Effect of pledging account as security.--If, during any taxable year, the individual for whose benefit an Armed Forces reserve savings account is established uses the account or any portion thereof as security for a loan, the portion so used shall be treated as distributed to the individual so using such portion. ``(f) Special Rules.-- ``(1) Time when contributions deemed made.--A taxpayer shall be deemed to have made a contribution to an Armed Forces reserve savings account on the last day of the preceding taxable year if the contribution is made on account of such taxable year and is made not later than the time prescribed by law for filing the return for such taxable year (not including extensions thereof). ``(2) Death and divorce.--Rules similar to the rules of sections 401(a)(9), 401(a)(11), and 408(d)(6) shall apply for purposes of this section. ``(3) Community property laws.--This section shall be applied without regard to any community property laws. ``(g) Reports.--The trustee of an Armed Forces reserve savings account shall make such reports regarding such account to the Secretary and to the account holder with respect to contributions, distributions, and such other matters as the Secretary may require under regulations. The reports required by this subsection shall be filed at such time and in such manner and furnished to such individuals at such time and in such manner as may be required by those regulations.'' (b) Allowance of Deduction in Computing Adjusted Gross Income.-- Subsection (a) of section 62 of such Code (defining adjusted gross income) is amended by inserting after paragraph (18) the following new paragraph: ``(19) Contributions to armed forces reserve savings accounts.--The deduction allowed by section 223(a).'' (c) Tax on Excess Contributions.--Section 4973 of such Code (relating to tax on excess contributions to certain tax-favored accounts and annuities) is amended-- (1) in subsection (a), by striking ``or'' at the end of paragraph (3), by inserting ``or'' at the end of paragraph (4), and by inserting after paragraph (4) the following new paragraph: ``(5) an Armed Forces reserve savings account (as defined in section 223(c)),'', and (2) by adding at the end the following new subsection: ``(g) Excess Contributions to an Armed Forces Reserve Savings Account.--For purposes of this section, in the case of an Armed Forces reserve savings account, the term `excess contributions' means the sum of-- ``(1) the aggregate amount contributed for the taxable year to the account which is not allowable as a deduction under section 223 for such taxable year, and ``(2) the amount determined under this subsection for the preceding taxable year, reduced by-- ``(A) the distributions out of the accounts which were included in gross income under section 223(d)(1) for the taxable year, over ``(B) the amount contributed to the accounts for the taxable year. For purposes of this subsection, any contribution which is distributed out of the Armed Forces reserve savings account in a distribution to which section 223(d)(2) applies shall be treated as an amount not contributed.''. (d) Tax on Prohibited Transactions.--Section 4975 of such Code (relating to prohibited transactions) is amended-- (1) by adding at the end of subsection (c) the following new paragraph: ``(6) Special rule for armed forces reserve savings accounts.--An individual for whose benefit an Armed Forces reserve savings account is established and any contributor to such account shall be exempt from the tax imposed by this section with respect to any transaction concerning such account (which would otherwise be taxable under this section) if, with respect to such transaction, the account ceases to be an Armed Forces reserve savings account by reason of the application of section 223 to such account.'', and (2) in subsection (e)(1), by striking ``or'' at the end of subparagraph (E), by redesignating subparagraph (F) as subparagraph (G), and by inserting after subparagraph (E) the following new subparagraph: ``(F) an Armed Forces reserve savings account described in section 223, or''. (e) Failure To Provide Reports on Armed Forces Reserve Savings Accounts.--Paragraph (2) of section 6693(a) of such Code (relating to failure to provide reports on certain tax-favored accounts or annuities) is amended by striking ``and'' at the end of subparagraph (C), by striking the period at the end of subparagraph (D) and inserting ``, and'', and by adding at the end the following new subparagraph: ``(E) section 223(g) (relating to Armed Forces reserve savings accounts).''. (f) Conforming Amendment.--The table of sections for part VII of subchapter B of chapter 1 of such Code is amended by striking the item relating to section 223 and inserting the following new items: ``Sec. 223. Contributions to Armed Forces reserve savings accounts. ``Sec. 224. Cross reference.'' (g) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.

Mobilized Reserve Savings Account Act - Amends the Internal Revenue Code to allow a qualified armed forces reservist to deduct annual contributions to an Armed Forces reserve savings account (as defined by this Act). Limits annual contributions to the lesser of $5,000, or $25,000 reduced by previous contributions to such accounts.Treats account distributions from deductible contributions as taxable income. Provides an additional ten percent tax unless the distribution is made: (1) while the account holder is serving on active duty (including the 60-day period immediately preceding or following such period); or (2) after the account holder ceases to be a member of a reserve component or is transferred to such component's retired list.Exempts an Armed Forces reserve savings account from taxation unless such account has ceased to be an Armed Forces reserve savings account due to a prohibited transaction by a contributor or a person for whose benefit such account was established.

SECTION 1. FINDINGS. Congress finds that-- (1) Oliver L. Brown is the namesake of the landmark United States Supreme Court decision of 1954, Brown v. Board of Education (347 U.S. 483, 1954); (2) Oliver L. Brown is honored as the lead plaintiff in the Topeka, Kansas case which posed a legal challenge to racial segregation in public education; (3) by 1950, African-American parents began to renew their efforts to challenge State laws that only permitted their children to attend certain schools, and as a result, they organized through the National Association for the Advancement of Colored People (the NAACP), an organization founded in 1909 to address the issue of the unequal and discriminatory treatment experienced by African-Americans throughout the country; (4) Oliver L. Brown became part of the NAACP strategy led first by Charles Houston and later by Thurgood Marshall, to file suit against various school boards on behalf of such parents and their children; (5) Oliver L. Brown was a member of a distinguished group of plaintiffs in cases from Kansas (Brown v. Board of Education), Delaware (Gebhart v. Belton), South Carolina (Briggs v. Elliot), and Virginia (Davis v. County School Board of Prince Edward County) that were combined by the United States Supreme Court in Brown v. Board of Education, and in Washington, D.C. (Bolling v. Sharpe), considered separately by the Supreme Court with respect to the District of Columbia; (6) with respect to cases filed in the State of Kansas-- (A) there were 11 school integration cases dating from 1881 to 1949, prior to Brown v. Board of Education in 1954; (B) in many instances, the schools for African- American children were substandard facilities with out- of-date textbooks and often no basic school supplies; (C) in the fall of 1950, members of the Topeka, Kansas chapter of the NAACP agreed to again challenge the ``separate but equal'' doctrine governing public education; (D) on February 28, 1951, the NAACP filed their case as Oliver L. Brown et al. v. The Board of Education of Topeka Kansas (which represented a group of 13 parents and 20 children); (E) the district court ruled in favor of the school board and the case was appealed to the United States Supreme Court; (F) at the Supreme Court level, the case was combined with other NAACP cases from Delaware, South Carolina, Virginia, and Washington, D.C. (which was later heard separately); and (G) the combined cases became known as Oliver L. Brown et al. v. The Board of Education of Topeka, et al.; (7) with respect to the Virginia case of Davis et al. v. Prince Edward County Board of Supervisors-- (A) one of the few public high schools available to African-Americans in the State of Virginia was Robert Moton High School in Prince Edward County; (B) built in 1943, it was never large enough to accommodate its student population; (C) the gross inadequacies of these classrooms sparked a student strike in 1951; (D) the NAACP soon joined their struggles and challenged the inferior quality of their school facilities in court; and (E) although the United States District Court ordered that the plaintiffs be provided with equal school facilities, they were denied access to the schools for white students in their area; (8) with respect to the South Carolina case of Briggs v. R.W. Elliott-- (A) in Clarendon County, South Carolina, the State NAACP first attempted, unsuccessfully and with a single plaintiff, to take legal action in 1947 against the inferior conditions that African-American students experienced under South Carolina's racially segregated school system; (B) by 1951, community activists convinced African- American parents to join the NAACP efforts to file a class action suit in United States District Court; (C) the court found that the schools designated for African-Americans were grossly inadequate in terms of buildings, transportation, and teacher salaries when compared to the schools provided for white students; and (D) an order to equalize the facilities was virtually ignored by school officials, and the schools were never made equal; (9) with respect to the Delaware cases of Belton v. Gebhart and Bulah v. Gebhart-- (A) first petitioned in 1951, these cases challenged the inferior conditions of 2 African- American schools; (B) in the suburb of Claymont, Delaware, African- American children were prohibited from attending the area's local high school, and in the rural community of Hockessin, Delaware, African-American students were forced to attend a dilapidated 1-room schoolhouse, and were not provided transportation to the school, while white children in the area were provided transportation and a better school facility; (C) both plaintiffs were represented by local NAACP attorneys; and (D) though the State Supreme Court ruled in favor of the plaintiffs, the decision did not apply to all schools in Delaware; (10) with respect to the District of Columbia case of Bolling, et al. v. C. Melvin Sharpe, et al.-- (A) 11 African-American junior high school students were taken on a field trip to Washington, D.C.'s new John Philip Sousa School for white students only; (B) the African-American students were denied admittance to the school and ordered to return to their inadequate school; and (C) in 1951, a suit was filed on behalf of the students, and after review with the Brown case in 1954, the United States Supreme Court ruled that segregation in the Nation's capitol was unconstitutional; (11) on May 17, 1954, at 12:52 p.m., the United States Supreme Court ruled that the discriminatory nature of racial segregation ``violates the 14th Amendment to the Constitution, which guarantees all citizens equal protection of the laws''; (12) the decision in Brown v. Board of Education set the stage for dismantling racial segregation throughout the country; (13) the quiet courage of Oliver L. Brown and his fellow plaintiffs asserted the right of African-American people to have equal access to social, political, and communal structures; (14) our country is indebted to the work of the NAACP Legal Defense and Educational Fund, Inc., Howard University Law School, the NAACP, and the individual plaintiffs in the cases considered by the Supreme Court; (15) Reverend Oliver L. Brown died in 1961, and because the landmark United States Supreme Court decision bears his name, he is remembered as an icon for justice, freedom, and equal rights; and (16) the national importance of the Brown v. Board of Education decision had a profound impact on American culture, affecting families, communities, and governments by outlawing racial segregation in public education, resulting in the abolition of legal discrimination on any basis. SEC. 2. CONGRESSIONAL GOLD MEDAL. (a) Presentation Authorized.-- (1) In general.--The Speaker of the House of Representatives and the President pro tempore of the Senate shall make appropriate arrangements for the posthumous presentation, on behalf of Congress, of a gold medal of appropriate design in commemoration of the Reverend Oliver L. Brown, in recognition of his and his fellow plaintiffs' enduring contributions to civil rights and American society. (2) Display.--The medal presented under paragraph (1) shall be maintained and displayed at the Brown Foundation of Topeka, Kansas. (b) Design and Striking.--For purposes of the presentation referred to in subsection (a), the Secretary of the Treasury (referred to in this Act as the ``Secretary'') shall strike a gold medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary. 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. STATUS OF MEDALS. (a) National Medals.--The medals struck pursuant to this Act are national medals for purposes of chapter 51 of title 31, United States Code. (b) Numismatic Items.--For purposes of section 5134 of title 31, United States Code, all medals struck under this Act shall be considered to be numismatic items. SEC. 5. AUTHORITY TO USE FUND AMOUNTS; PROCEEDS OF SALE. (a) Authority to Use Fund Amounts.--There is authorized to be charged against the United States Mint Public Enterprise Fund, such amounts as may be necessary to pay for the costs of the medals struck pursuant to this Act. (b) Proceeds of Sale.--Amounts received from the sale of duplicate bronze medals authorized under section 3 shall be deposited into the United States Mint Public Enterprise Fund.

Directs the Speaker of the House of Representatives and the President pro tempore of the Senate to arrange for the posthumous presentation, on behalf of Congress, of a gold medal in commemoration of the Reverend Oliver L. Brown (the lead plaintiff in the landmark U.S. Supreme Court decision in Brown v. Board of Education) in recognition of his and his fellow plaintiffs' enduring contributions to civil rights and American society.

SECTION 1. ROLLOVER CONTRIBUTIONS FROM DEFERRED COMPENSATION PLANS OF STATE AND LOCAL GOVERNMENTS. (a) Rollovers From Section 457 Plans.-- (1) In general.--Section 457(e) of the Internal Revenue Code of 1986 (relating to other definitions and special rules) is amended by adding at the end the following: ``(16) Rollover amounts.-- ``(A) General rule.--In the case of an eligible deferred compensation plan of an eligible employer described in paragraph (1)(A), if-- ``(i) any portion of the balance to the credit of an employee in such plan is paid to such employee in a rollover distribution (other than a distribution described in subsection (d)(1)(A)(iii) or in subparagraph (A) or (B) of section 402(c)(4)), ``(ii) the employee transfers any portion of the property such employee receives in such distribution to an individual retirement plan (as defined in section 7701(a)(37)), and ``(iii) in the case of a distribution of property other than money, the amount so transferred consists of the property distributed, then such distribution (to the extent so transferred) shall not be includible in gross income for the taxable year in which paid. ``(B) Certain rules made applicable.--Rules similar to the rules of section 401(a)(31), paragraphs (2), (3), (5), (6), (7), and (9) of section 402(c), and section 402(f) shall apply for purposes of subparagraph (A).''. (2) Distribution requirements.--Section 457(d)(1)(A) of such Code (relating to distribution requirements) is amended by inserting ``except as provided in subsection (e)(16),'' after ``(A)''. (3) Conforming amendments.-- (A) Section 72(o)(4) of such Code is amended-- (i) by striking ``and 408(d)(3)'' and inserting ``408(d)(3), and 457(e)(16)'', (ii) by inserting ``or excludable'' after ``deductible'' each place it appears, and (iii) in the heading by inserting ``or Excludable'' after ``Deductible''. (B) Section 219(d)(2) of such Code is amended by striking ``or 408(d)(3)'' and inserting ``408(d)(3), or 457(e)(16)''. (C) Section 401(a)(31)(B) of such Code is amended by striking ``and 403(a)(4)'' and inserting ``, 403(a)(4), and 457(e)(16)''. (D) Paragraph (4) of section 402(c) of such Code is amended by inserting ``or in an eligible deferred compensation plan (as defined in section 457(b)) of an eligible employer described in section 457(e)(1)(A)'' after ``qualified trust''. (E) Section 408(a)(1) of such Code is amended by striking ``or 403(b)(8)'' and inserting ``, 403(b)(8), or 457(e)(16)''. (F) Section 408(d)(3)(A)(ii) of such Code is amended by striking ``or'' after ``501(a)'' and inserting a comma, and by inserting ``, or from an eligible deferred compensation plan described in section 457(b)'' after ``contribution)''. (G) The first sentence of subsection (e) of section 408A of such Code is amended-- (i) by inserting ``, from an eligible deferred compensation plan (as defined in section 457(b)),'' after ``account'', and (ii) by inserting before the period the following: ``or in the case of such eligible deferred compensation plan section 457(e)(16)''. (H) Subparagraphs (A) and (B) of section 415(b)(2) of such Code are each amended by striking ``and 408(d)(3)'' and inserting ``408(d)(3), and 457(e)(16)''. (I) Section 4973(b)(1)(A) of such Code is amended by striking ``or 408(d)(3)'' and inserting ``408(d)(3), or 457(e)(16)''. (b) Effective Date.--The amendments made by this section shall apply to distributions after December 31, 1998. SEC. 2. STATE AND LOCAL GOVERNMENTS ELIGIBLE UNDER SECTION 401(K). (a) In General.--Subparagraph (B) of section 401(k)(4) of the Internal Revenue Code of 1986 (relating to eligibility of State and local governments and tax-exempt organizations) is amended by striking clause (ii) and redesignating clause (iii) as clause (ii). (b) Conforming Amendment.--Clause (i) of section 401(k)(4)(B) of such Code is amended by striking ``Except as provided in clause (ii), any'' and inserting ``Any''. (c) Effective Date.--The amendments made by this section shall apply to plan years beginning after December 31, 1998.

Amends the Internal Revenue Code to allow: (1) a rollover contribution to an individual retirement account from a State or local government deferred compensation plan (section 457 plan); and (2) such an entity to maintain a 401k plan.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Opioid Overdose Reduction Act of 2014''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds the following: (1) Overdoses from opioids have increased dramatically in the United States. (2) Deaths from drug overdose, largely from prescription pain relievers, have tripled among men and increased fivefold among women over the past decade. (3) Nationwide, drug overdoses now claim more lives than car accidents. (4) Death from heroin and other opioid overdoses can be prevented if the person who overdosed is timely administered an opioid overdose drug. (5) Medical personnel as well as non-medical personnel can be trained to administer opioid overdose drugs safely and effectively. (6) Several States, including Massachusetts, have established programs allowing for the administration of opioid overdose drugs by non-medical personnel, and those programs have saved lives. (7) The willingness of medical and non-medical personnel to administer opioid overdose drugs may be deterred by potential civil liability, and the willingness of physicians to prescribe opioid overdose drugs to persons other than a patient may also be deterred by potential civil liability. (b) Purpose.--The purpose of this Act is to save the lives of people who intentionally or inadvertently overdose on heroin or other opioids by providing certain protections from civil liability with respect to the emergency administration of opioid overdose drugs. SEC. 3. DEFINITIONS. In this Act-- (1) the term ``health care professional'' means a person licensed by a State to prescribe prescription drugs; (2) the term ``opioid overdose drug'' means a drug that, when administered, reverses in whole or part the pharmacological effects of an opioid overdose in the human body; and (3) the term ``opioid overdose program'' means a Federal, State, or local agency program or a program funded by a Federal, State, or local government that works to prevent opioid overdoses by, in part, providing opioid overdose drugs and education to individuals at risk of experiencing an opioid overdose or to a family member, friend, or other individual in a position to assist an individual at risk of experiencing an opioid overdose. SEC. 4. PREEMPTION AND ELECTION OF STATE NONAPPLICABILITY. (a) Preemption.--Except as provided in subsection (b), this Act preempts the law of a State to the extent that such law is inconsistent with this Act, except that this Act shall not preempt any State law that provides additional protection from liability relating to the administration of opioid overdose drugs or that shields from liability any person who provides or administers opioid overdose drugs. (b) Election of State Regarding Nonapplicability.--Sections 5, 6, and 7 shall not apply to any civil action in a State court against a person who administers opioid overdose drugs if-- (1) all parties to the civil action are citizens of the State in which such action is brought; and (2) the State enacts legislation in accordance with State requirements for enacting legislation-- (A) citing the authority of this subsection; (B) declaring the election of the State that such sections 5, 6, and 7 shall not apply, as of a date certain, to any civil actions covered by this Act; and (C) containing no other provisions. SEC. 5. LIMITATION ON CIVIL LIABILITY FOR HEALTH CARE PROFESSIONALS WHO PROVIDE OPIOID OVERDOSE DRUGS. (a) In General.--Notwithstanding any other provision of law, a health care professional who prescribes or provides an opioid overdose drug to an individual at risk of experiencing an opioid overdose, or who prescribed or provided an opioid overdose drug to a family member, friend, or other individual in a position to assist an individual at risk of experiencing an opioid overdose, shall not be liable for harm caused by the use of the opioid overdose drug if the individual to whom such drug is prescribed or provided has been educated about opioid overdose prevention and treatment by the health care professional or as part of an opioid overdose program. (b) Exception.--Subsection (a) shall not apply to a health care professional if the harm was caused by the gross negligence or reckless misconduct of the health care professional. SEC. 6. LIMITATION ON CIVIL LIABILITY FOR INDIVIDUALS WORKING FOR OR VOLUNTEERING AT A STATE OR LOCAL AGENCY OPIOID OVERDOSE PROGRAM. (a) In General.--Notwithstanding any other provision of law, except as provided in subsection (b), no individual who provides an opioid overdose drug shall be liable for harm caused by the emergency administration of an opioid overdose drug by another individual if the individual who provides such drug-- (1) works for or volunteers at an opioid overdose program; and (2) provides the opioid overdose drug as part of the opioid overdose program to an individual authorized by the program to receive an opioid overdose drug. (b) Exception.--Subsection (a) shall not apply if the harm was caused by the gross negligence or reckless misconduct of the individual who provides the drug. SEC. 7. LIMITATION ON CIVIL LIABILITY FOR INDIVIDUALS WHO ADMINISTER OPIOID OVERDOSE DRUGS. (a) In General.--Notwithstanding any other provision of law, except as provided in subsection (b), no individual shall be liable for harm caused by the emergency administration of an opioid overdose drug to an individual who has or reasonably appears to have suffered an overdose from heroin or other opioid, if-- (1) the individual who administers the opioid overdose drug obtained the drug from a health care professional or as part of an opioid overdose program; and (2) was educated by the health care professional or an opioid overdose program in the proper administration of the opioid antagonist drug. (b) Exception.--Subsection (a) shall not apply to an individual if the harm was caused by the gross negligence or reckless misconduct of the individual who administers the drug.

Opioid Overdose Reduction Act of 2014 - Exempts from liability for harm caused by the emergency administration of an opioid overdose drug: a health care professional who prescribes or provides such a drug to an individual at risk of experiencing an opioid overdose, or to another person in a position to assist such individual, if the individual has been educated about opioid overdose prevention and treatment by the health care professional or as part of a government opioid overdose program; a person who provides such a drug for emergency administration to an individual authorized to receive it as part of an opioid overdose program; and a person who provides for emergency administration of such a drug to an individual who reasonably appears to have suffered an overdose from heroin or another opioid if such person obtained such drug from a health care professional or as part of an opioid overdose program and was educated by such professional or program in the proper administration of such drug. Makes such exemptions inapplicable if the harm was caused by gross negligence or reckless misconduct.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Expand School Meals Act of 2009''. TITLE I--TRANSITION PERIOD SEC. 101. PHASED-IN INCREASE IN INCOME ELIGIBILITY GUIDELINES FOR FREE SCHOOL LUNCHES AND BREAKFASTS. Section 9(b) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(b)) is amended-- (1) in paragraph (1), by redesignating subparagraph (B) as subparagraph (E); (2) by striking ``(b)(1)(A) Not'' and inserting the following: ``(b) Income Eligibility Guidelines.-- ``(1) Establishment.-- ``(A) In general.--Not''; (3) in subparagraph (A)-- (A) by striking the second sentence and inserting the following: ``(B) Free lunches.--The income guidelines for determining eligibility for free lunches shall be the following percentage of the applicable family size income levels contained in the nonfarm income poverty guidelines prescribed by the Office of Management and Budget, as adjusted annually in accordance with subparagraph (E): ``(i) For the school year beginning July 1, 2010, 144 percent. ``(ii) For the school year beginning July 1, 2011, 158 percent. ``(iii) For the school year beginning July 1, 2012, 172 percent.''; (B) in the third sentence-- (i) by striking ``The income'' and inserting the following: ``(C) Reduced price lunches.--The income''; and (ii) by striking ``subparagraph (B)'' and inserting ``subparagraph (E)''; and (C) in the fourth sentence, by striking ``The Office'' and inserting the following: ``(D) Frequency of revisions.--The Office''; and (4) in subparagraph (E) (as redesignated by paragraph (1))-- (A) by striking ``The revision'' and inserting the following: ``(E) Amount of revisions.--The revision''; and (B) by striking ``subparagraph (A) of this paragraph'' and inserting ``subparagraph (D)''. SEC. 102. PERIOD OF EFFECTIVENESS. The amendments made by section 101 shall be effective only during the period beginning on the date of enactment of this Act and ending on June 30, 2013. TITLE II--PERMANENT CHANGE SEC. 201. FREE LUNCH ELIGIBILITY. (a) In General.--Section 9(b)(1) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(b)(1)) is amended-- (1) by redesignating subparagraph (B) as subparagraph (D); (2) by striking ``(b)(1)(A) Not'' and inserting the following: ``(b) Income Eligibility Guidelines.-- ``(1) Establishment.-- ``(A) In general.--Not''; (3) in subparagraph (A)-- (A) in the first sentence, by striking ``and reduced price''; (B) by striking ``The income guidelines for determining eligibility for free lunches shall be 130 percent'' and inserting the following: ``(B) Free lunches.--The income guidelines for determining eligibility for free lunches shall be 185 percent.''; (C) by striking the third sentence; and (D) by striking ``The Office'' and inserting the following: ``(C) Frequency of revisions.--The Office''; and (4) in subparagraph (D) (as redesignated by paragraph (1))-- (A) by striking ``(D) The'' and inserting the following: ``(D) Amount of revisions.--The''; and (B) by striking ``subparagraph (A) of this paragraph'' and inserting ``subparagraph (C)''. (b) Conforming Amendments.-- (1) Section 9 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758) is amended-- (A) in subsection (b)-- (i) by striking ``free and reduced price'' each place it appears (other than paragraph (7)) and inserting ``free''; (ii) by striking ``free or reduced price'' each place it appears and inserting ``free''; (iii) in paragraph (2)(B)(i), by striking ``, and shall contain'' and all that follows through ``or reduced price lunches''; (iv) in paragraph (3)-- (I) in subparagraph (E)(iii), by striking ``free or reduced-price'' each place it appears and inserting ``free''; and (II) in subparagraph (F)-- (aa) in clause (i), by striking ``Subject to clauses (ii) and (iii)'' and inserting ``Subject to clause (ii),''; (bb) in clause (ii)(II), by striking ``133 percent'' both places it appears in items (aa) and (bb) and inserting ``185 percent''; (cc) by striking clause (iii); and (dd) by redesignating clauses (iv) and (v) as clauses (iii) and (iv), respectively; (v) in paragraph (7)-- (I) in the paragraph heading, by striking ``and reduced price'' and inserting ``meals''; (II) by striking ``and reduced price policy'' each place it appears and inserting ``meals policy''; and (III) in subparagraph (B), by striking ``and reduced price meals'' and inserting ``meals''; (vi) in paragraph (9)-- (I) in the paragraph heading, by striking ``and reduced price''; (II) by striking subparagraph (B); and (III) by redesignating subparagraph (C) as subparagraph (B); (vii) in paragraph (10), by striking ``or a reduced price lunch''; and (viii) in paragraph (11), in the first sentence, by striking ``or reduced price lunches''; (B) in subsection (c), in the third sentence, by striking ``or at a reduced cost''; (C) in subsection (d), by striking ``or reduced price'' each place it appears; and (D) in subsection (e), by striking ``, reduced price,''. (2) Section 11 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1759a) is amended-- (A) in subsection (a)-- (i) in paragraph (1)-- (I) in subparagraph (A), by striking ``and the product obtained by multiplying'' and all that follows through ``for such fiscal year''; (II) in subparagraph (B)-- (aa) by striking ``or reduced price lunches'' the first place it appears; (bb) by striking ``or reduced price lunches, as the case may be''; and (cc) by striking ``and reduced price lunches''; (III) in subparagraph (C)-- (aa) in clause (ii), by striking ``or reduced price lunches or breakfasts'' each place it appears; and (bb) in clause (iii), by striking ``or reduced price''; and (IV) in subparagraph (D), by striking ``and reduced price lunches'' each place it appears in clauses (iii) and (iv); (ii) in paragraph (2), by striking ``and the special assistance factor for reduced price'' and all that follows through ``free lunches''; and (iii) in paragraph (3)(B)(iii)(I), by striking ``or reduced price''; (B) in subsection (b), in the first sentence, by striking ``and reduced price''; (C) in subsection (d), by striking ``and the average number of children who received reduced price lunches'' each place it appears paragraphs (1) and (2); and (D) in subsection (e)-- (i) in the second sentence, by striking ``, and shall serve meals at a reduced price'' and all that follows through ``such section''; and (ii) in the third sentence, by striking ``or reduced priced''. (3) Section 12(l)(4) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1760(l)(4)) is amended-- (A) in subparagraph (C), by striking ``and reduced price''; (B) by striking subparagraph (D); (C) in subparagraph (H), by striking ``or reduced price''; and (D) by redesignating subparagraphs (E) through (M) as subparagraphs (D) through (L). (4) Section 13 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1761) is amended-- (A) in subsection (a)-- (i) in paragraph (1)(C)-- (I) by striking ``or reduced price''; and (II) by striking ``and reduced price''; and (ii) in paragraph (5), by striking ``or reduced price''; and (B) in subsection (f)(3), by striking ``or reduced price''. (5) Section 17 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1766) is amended-- (A) in subsection (a)(2)(B)(i), by striking ``or reduced price''; (B) in subsection (c)-- (i) in paragraph (1), by inserting ``(as calculated on the day before the date of enactment of the Expand School Meals Act of 2009)'' after ``lunches, reduced price lunches''; (ii) in paragraph (2), by inserting ``(as calculated on the day before the date of enactment of the Expand School Meals Act of 2009)'' after ``breakfasts, reduced price breakfasts''; and (iii) by striking paragraph (4) and inserting the following: ``(4) Determinations.-- ``(A) Free meals.--Determinations with regard to eligibility for free meals and supplements shall be made in accordance with the income eligibility guidelines for free lunches under section 9. ``(B) Reduced price meals.--Determinations with regard to eligibility for reduced price meals and supplements shall be made in accordance with the income eligibility guidelines for reduced price lunches under section 9, as in effect on the day before the date of enactment of the Expand School Meals Act of 2009.''; (C) in subsection (f)(3)-- (i) by striking ``or reduced price'' each place it appears; and (ii) in subparagraph (A)(iii)(II)(aa), in the item heading, by striking ``or reduced price''; and (D) in subsection (r)(1)(B), by striking ``or reduced price''. (6) Section 17A(c)(1) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1766a(c)(1)) is amended in the matter preceding subparagraph (A) by striking ``or reduced price''. (7) Section 18 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1769) is amended by striking subsection (i). (8) Section 19 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1769a) is amended-- (A) by striking ``or reduced price'' each place it appears; and (B) by striking ``and reduced price'' each place it appears. (9) Section 20(b) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1769b(b)) is amended by striking ``and reduced price''. (10) Section 21(a)(1)(B) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1769b-1(a)(1)(B)) is amended-- (A) in the matter preceding clause (i), by striking ``or reduced price''; and (B) in clause (iii), by striking ``and reduced price''. (c) Transition Rules.--The Secretary of Agriculture shall carry out the amendments made by paragraphs (2) and (8) of subsection (b) in accordance with transition rules established by the Secretary. SEC. 202. FREE BREAKFAST ELIGIBILITY. (a) In General.--Section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1733) is amended-- (1) in subsection (b)-- (A) in paragraph (1)-- (i) in subparagraph (A)(i)(II)-- (I) by striking ``, for reduced price breakfasts,''; and (II) by striking ``or reduced price''; (ii) in subparagraph (B)-- (I) in the third sentence, by striking ``or reduced price''; and (II) by striking the second sentence; (iii) by striking subparagraph (C); (iv) by redesignating subparagraphs (D) and (E) as subparagraphs (C) and (D), respectively; and (v) in subparagraph (D) (as so redesignated)-- (I) in the subparagraph heading, by striking ``and reduced price'' and inserting ``meals''; (II) by striking ``and reduced price policy'' each place it appears and inserting ``meals policy''; and (III) by striking ``and reduced price meals'' and inserting ``meals''; and (B) in paragraph (2)-- (i) in subparagraph (A), by striking ``or reduced price''; and (ii) by striking subparagraph (C); and (2) in subsections (d)(1)(A) and (e)(1)(A), by striking ``or at a reduced price'' each place it appears. (b) Conforming Amendments.-- (1) Section 7 of the Child Nutrition Act of 1966 (42 U.S.C. 1776) is amended-- (A) in subsection (e)(2)(B)(ii), by striking ``or reduced price''; and (B) in subsection (i), by striking ``and reduced price'' each place it appears in paragraphs (2)(B)(iii) and (3)(B)(i). (2) Section 17(d)(2)(A)(i) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(d)(2)(A)(i)) is amended by striking ``and reduced price''. (3) Section 20(b) of the Child Nutrition Act of 1966 (42 U.S.C. 1789(b)) is amended by striking ``and reduced-price''. SEC. 203. PERIOD OF EFFECTIVENESS. The amendments made by this title shall be effective beginning on July 1, 2013.

Expand School Meals Act of 2009 - Amends the Richard B. Russell National School Lunch Act and the Child Nutrition Act of 1966 to expand eligibility for free meals under the school lunch and breakfast programs to children whose family income falls at or below 185% of the federal poverty guidelines. Phases-in this eligibility expansion by increasing the income eligibility level in annual increments until it reaches 185% of the federal poverty guidelines for the school year beginning on July 1, 2013. (This will make all children who are eligible for reduced price meals eligible for free meals on such date.)

SECTION 1. SHORT TITLE. This Act may be cited as the ``Stop Child Summer Hunger Act of 2015''. SEC. 2. SUMMER ELECTRONIC BENEFITS TRANSFER FOR CHILDREN PROGRAM. Section 13(a) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1761(a)) is amended by adding at the end the following: ``(13) Summer electronic benefits transfer for children program.-- ``(A) Definitions.--In this paragraph: ``(i) Eligible household.--The term `eligible household' means a household that includes 1 or more children who are eligible to receive free or reduced price lunches under this Act or free or reduced price breakfasts under the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.). ``(ii) Summer ebt card.--The term `summer EBT card' means an electronic benefit transfer card that is issued to an eligible household under this paragraph and limited to food purchases. ``(B) Program.--The Secretary shall establish a program under which the Secretary shall provide to eligible households summer EBT cards for the purpose of providing access to food for children during summer months-- ``(i) to reduce or eliminate the food insecurity and hunger of children; and ``(ii) to improve the nutritional status of children. ``(C) Use.--An eligible household may use a summer EBT card only to purchase food from retail food stores that have been approved for participation in the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.), in accordance with section 7(b) of that Act (7 U.S.C. 2016(b)). ``(D) Amount.--Each summer EBT card issued shall be in an amount of-- ``(i) for calendar year 2017, $150 in food assistance per child per summer; and ``(ii) for each subsequent calendar year, the amount specified in clause (i) as adjusted to reflect changes in reimbursement rates for school meals under this Act between calendar year 2017 and the most recent calendar year. ``(E) Timing.--Summer EBT cards shall be issued at the end of the regular school year. ``(F) Funding.-- ``(i) In general.--On October 1, 2016, and on each October 1 thereafter, out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary such sums as are necessary to carry out this section, to remain available until expended. ``(ii) Receipt and acceptance.--The Secretary shall be entitled to receive, shall accept, and shall use to carry out this section the funds transferred under clause (i), without further appropriation. ``(G) Regulations.-- ``(i) In general.--Not later than October 1, 2016, the Secretary shall issue regulations to carry out this paragraph. ``(ii) Requirements.--Regulations issued under this subparagraph shall require that-- ``(I) children shall be eligible to participate and shall be enrolled into the program under this paragraph for a summer without further application if the children are enrolled to participate in the free or reduced price lunch program under this Act or the free or reduced price breakfast program under the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) during the school year immediately preceding the summer; and ``(II) local educational agencies shall distribute to the families of all children enrolled in schools participating in programs authorized under this Act and the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) and, to the maximum extent practicable, the families of all children enrolled in schools of the local educational agency information, as provided by the Secretary-- ``(aa) regarding the program authorized under this paragraph, including eligibility rules and how children in eligible households that are not automatically enrolled under subclause (I) may apply for program benefits; and ``(bb) to assist households receiving summer EBT cards in making healthy food choices and maximizing resources. ``(iii) Alternative timing.-- ``(I) In general.--In issuing regulations under this subparagraph, the Secretary shall allow alternative plans for the timing of issuance of the summer electronic benefit cards under subparagraph (D) in any part of a State in which the school year does not include a typical summer break, on the condition that the Secretary determines that no alternative plan increases or decreases Federal costs. ``(II) Considerations.--In developing regulations under subclause (I), the Secretary shall consider the ability of a State effectively to issue benefits under an alternative schedule.''.

Stop Child Summer Hunger Act of 2015 This bill amends the Richard B. Russell National School Lunch Act to require the Department of Agriculture to establish a program providing eligible households with summer Electronic Benefits Transfer (EBT) cards in order to give children access to food during the summer months to: (1) reduce or eliminate children's food insecurity and hunger, and (2) improve their nutritional status. An "eligible household" is a household that includes one or more children who are eligible to receive free or reduced price meals under the school lunch or breakfast programs. The amount on each summer EBT card is set at $150 per child in 2017, with adjustments thereafter reflecting changes in reimbursement rates for school meals under the school lunch program. If children are enrolled to receive free or reduced price meals under the school lunch or breakfast programs, they must be enrolled in this program without further application. Summer EBT cards may be used only to purchase food from retail food stores that have been approved for participation in the supplemental nutrition assistance program (SNAP, formerly known as the food stamp program).

SECTION 1. SHORT TITLE. This Act may be cited as the ``Saudi Arabia Accountability Act of 2009''. SEC. 2. FINDINGS. Congress makes the following findings: (1) United Nations Security Council Resolution 1373 (2001) mandates that all states ``refrain from providing any form of support, active or passive, to entities or persons involved in terrorist acts'', take ``the necessary steps to prevent the commission of terrorist acts'', and ``deny safe haven to those who finance, plan, support, or commit terrorist acts''. (2) The Council on Foreign Relations concluded in an October 2002 report on terrorist financing that ``[f]or years, individuals and charities based in Saudi Arabia have been the most important source of funds for al-Qaeda, and for years, Saudi officials have turned a blind eye to this problem''. (3) In a June 2004 report entitled ``Update on the Global Campaign Against Terrorist Financing'', the Council on Foreign Relations reported that ``[w]e find it regrettable and unacceptable that since September 11, 2001, we know of not a single Saudi donor of funds to terrorist groups who has been publicly punished''. (4) According to the final report of the National Commission on Terrorist Attacks Upon the United States, when asked where terrorist leaders would likely locate their bases, military officers and government officials repeatedly listed Saudi Arabia as a prime location. (5) A report released on January 28, 2005 by Freedom House's Center for Religious Freedom found that Saudi Arabia is the state most responsible for the propagation of material promoting hatred, intolerance, and violence within United States mosques and Islamic centers, and that these publications are often official publications of a Saudi ministry or distributed by the Embassy of Saudi Arabia in Washington, DC. (6) During a July 2003 hearing on terrorism before the Subcommittee on Terrorism, Technology and Homeland Security of the Committee on the Judiciary of the Senate, David Aufhauser, General Counsel of the Treasury Department, stated that Saudi Arabia is, in many cases, the ``epicenter'' of financing for terrorism. (7) The New York Times, citing United States and Israeli sources, reported on September 17, 2003, that at least 50 percent of the current operating budget of Hamas comes from ``people in Saudi Arabia''. (8) The Middle East Media Research Institute concluded in a July 3, 2003, report on Saudi support for Palestinian terrorists that ``for decades, the royal family of the Kingdom of Saudi Arabia has been the main financial supporter of Palestinian groups fighting Israel''. The report notes specifically that Saudi-sponsored organizations have funneled over $4,000,000,000 to finance the Palestinian intifada that began in September 2000. (9) A joint committee of the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives issued a report on July 24, 2003, that quotes various United States Government personnel who complained that the Saudis refused to cooperate in the investigation of Osama bin Laden and his network both before and after the September 11, 2001, terrorist attacks. (10) After the 1996 bombing of the Khobar Towers housing complex at Dahran, Saudi Arabia, which killed 19 United States Air Force personnel and wounded approximately 400 people, the Government of Saudi Arabia refused to allow United States officials to question individuals held in detention by the Saudis in connection with the attack. (11) As recounted by counterterrorism officials in a September 2003 issue of Time Magazine, Saudi Arabia denied United States officials access to several suspects in the custody of the Government of Saudi Arabia, including a Saudi Arabian citizen in detention for months who had knowledge of extensive plans to inject poison gas in the New York City subway system. (12) The United States Commission on International Religious Freedom has reported that Saudi Arabian Government- funded textbooks used both in Saudi Arabia and also in North American Islamic schools and mosques have been found to encourage incitement to violence against non-Muslims. (13) There are indications that, since the May 12, 2003, suicide bombings in Riyadh, the Government of Saudi Arabia is making a more serious effort to combat terrorism. (14) An official website of the Saudi Arabian Government's Supreme Commission for Tourism included the following text: ``Visas will not be issued for the following groups of people: ``An Israeli passport holder or a passport that has an Israeli arrival/departure stamp. ``Those who don't abide by the Saudi traditions concerning appearance and behaviors. Those under the influence of alcohol will not be permitted into the Kingdom. ``There are certain regulations for pilgrims and you should contact the consulate for more information. ``Jewish People.''. SEC. 3. SENSE OF CONGRESS. It is the sense of Congress that-- (1) it is imperative that the Government of Saudi Arabia immediately and unconditionally-- (A) provide complete, unrestricted, and unobstructed cooperation to the United States, including the unsolicited sharing of relevant intelligence in a consistent and timely fashion, in the investigation of groups and individuals that are suspected of financing, supporting, plotting, or committing an act of terror against United States citizens anywhere in the world, including within the Kingdom of Saudi Arabia; (B) permanently close all charities, schools, or other organizations or institutions in the Kingdom of Saudi Arabia that fund, train, incite, encourage, or in any other way aid and abet terrorism anywhere in the world (hereafter in this Act referred to as ``Saudi- based terror organizations''), including by means of providing support for the families of individuals who have committed acts of terrorism; (C) end funding or other support by the Government of Saudi Arabia for charities, schools, and any other organizations or institutions outside the Kingdom of Saudi Arabia that train, incite, encourage, or in any other way aid and abet terrorism anywhere in the world (hereafter in this Act referred to as ``offshore terror organizations''), including by means of providing support for the families of individuals who have committed acts of terrorism; and (D) block all funding from private Saudi citizens and entities to any Saudi-based terror organization or offshore terrorism organization; and (2) the President, in deciding whether to make the certification under section 4, should judge whether the Government of Saudi Arabia has continued and sufficiently expanded the efforts to combat terrorism that it redoubled after the May 12, 2003, bombing in Riyadh. SEC. 4. SANCTIONS. (a) Restrictions on Exports and Diplomatic Travel.--Unless the President makes the certification described in subsection (c), the President shall take the following actions: (1) Prohibit the export to the Kingdom of Saudi Arabia, and prohibit the issuance of a license for the export to the Kingdom of Saudi Arabia, of-- (A) any defense articles or defense services on the United States Munitions List under section 38 of the Arms Export Control Act (22 U.S.C. 2778) for which special export controls are warranted under such Act (22 U.S.C. 2751 et seq.); and (B) any item identified on the Commerce Control List maintained under part 774 of title 15, Code of Federal Regulations. (2) Restrict travel of Saudi diplomats assigned to Washington, District of Columbia, New York, New York, the Saudi Consulate General in Houston, or the Saudi Consulate in Los Angeles to a 25-mile radius of Washington, District of Columbia, New York, New York, the Saudi Consulate General in Houston, or the Saudi Consulate in Los Angeles, respectively. (b) Waiver.--The President may waive the application of subsection (a) if the President-- (1) determines that it is in the national security interest of the United States to do so; and (2) submits to the appropriate congressional committees a report that contains the reasons for such determination. (c) Certification.--The President shall transmit to the appropriate congressional committees a certification of any determination made by the President after the date of the enactment of this Act that the Government of Saudi Arabia-- (1) is fully cooperating with the United States in investigating and preventing terrorist attacks; (2) has permanently closed all Saudi-based terror organizations; (3) has ended any funding or other support by the Government of Saudi Arabia for any offshore terror organization; and (4) has exercised maximum efforts to block all funding from private Saudi citizens and entities to offshore terrorist organizations. SEC. 5. REPORT. (a) Requirement for Report.--Not later than six months after the date of the enactment of this Act and annually thereafter until the President makes the certification described in section 4(c), the Secretary of State shall submit to the appropriate congressional committees a report on the progress made by the Government of Saudi Arabia toward meeting the conditions described in paragraphs (1) through (4) of such section. (b) Form.--The report submitted under subsection (a) shall be in unclassified form but may include a classified annex. SEC. 6. CESSATION OF VISA ISSUANCE. Beginning on the day after the date of the enactment of this Act, no visa shall be issued by the Government of the United States to a citizen of Saudi Arabia until the President certifies that the Kingdom of Saudi Arabia does not discriminate in the issuance of visas on the basis of religious affiliation or heritage. SEC. 7. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED. In this Act, the term ``appropriate congressional committees'' means the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate.

Saudi Arabia Accountability Act of 2009 - Expresses the sense of Congress that the government of Saudi Arabia: (1) cooperate fully with the United States in the investigation of terror groups and individuals; (2) close permanently all organizations in Saudi Arabia that fund, train, encourage, or in any way aid terrorism anywhere in the world, and end funding for such organizations outside Saudi Arabia; and (3) block funding from private Saudi citizens and entities to Saudi-based or offshore terror organizations. Directs the President to prohibit certain exports to Saudi Arabia and restrict travel of certain Saudi diplomats if the President cannot certify to the appropriate congressional committees that the government of Saudi Arabia: (1) is fully cooperating with the United States in investigating and preventing terrorist attacks; (2) has closed permanently all Saudi-based terror organizations; (3) has ended funding for any offshore terror organization; and (4) has exercised maximum efforts to block funding from private Saudi citizens and entities to offshore terror organizations. Allows the President to waive such sanctions for national security reasons. Prohibits visa issuance to citizens of Saudi Arabia until the President certifies that Saudi Arabia does not discriminate in visa issuance based upon religion or heritage.

.--For purposes of this section, the term ``qualified joint resolution'' means only a joint resolution described in section 3(2)(B) of this Act. (b) Introduction.--A proposed qualified joint resolution transmitted by the Administrator of the Federal Emergency Management Agency under section 3(a) shall be introduced in the Senate (by request) on the next day on which the Senate is in session by the majority leader of the Senate or by a Member of the Senate designated by the majority leader of the Senate and shall be introduced in the House of Representatives (by request) on the next legislative day by the majority leader of the House or by a Member of the House designated by the majority leader of the House. (c) No Referral.--A qualified joint resolution shall not be referred to a committee in either House of Congress and shall immediately be placed on the calendar. (d) Motion To Proceed.--A motion to proceed to a joint resolution is highly privileged in the House of Representatives and is privileged in the Senate and is not debatable. The motion is not subject to a motion to postpone, and all points of order against the motion are waived. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of a qualified joint resolution is agreed to, the qualified joint resolution shall remain the unfinished business of the respective House until disposed of. (e) Expedited Consideration in the House of Representatives.--In the House of Representatives, a qualified joint resolution shall be considered as read. All points of order against the qualified joint resolution and against its consideration are waived. The previous question shall be considered as ordered on the qualified joint resolution to its passage without intervening motion except 2 hours of debate shall be divided equally between the majority and minority leaders or their designees. A motion to reconsider the vote on passage of the qualified joint resolution shall not be in order. A vote on final passage of the qualified joint resolution shall be taken in the House of Representatives on or before the close of the 10th legislative day after the date of the introduction of the qualified joint resolution in the House of Representatives. (f) Expedited Procedure in the Senate.-- (1) Consideration.--In the Senate, consideration of a qualified joint resolution, and on all debatable motions and appeals in connection therewith, shall be limited to not more than 10 hours, which shall be divided equally between the majority and minority leaders or their designees. A motion to further limit debate is in order and not debatable. An amendment to, a motion to postpone, a motion to proceed to the consideration of other business, or a motion to commit the qualified joint resolution is not in order. (2) Passage.--If the Senate has proceeded to a qualified joint resolution, the vote on passage of the qualified joint resolution shall occur immediately following the conclusion of consideration of the qualified joint resolution, and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the Senate. A vote on the final passage of the qualified joint resolution shall be taken in the Senate on or before the close of the 10th legislative day after the date of the introduction of the qualified joint resolution in the Senate. (3) Rulings of the chair on procedure.--Appeals from the decisions of the Chair relating to the application of the rules of the Senate, as the case may be, to the procedure relating to a qualified joint resolution shall be decided without debate. (g) Points of Order.--In the Senate or the House of Representatives, a Member of the Senate or House of Representatives, respectively, may raise a point of order that a qualified joint resolution does not meet the definition of a qualified joint resolution under subsection (a). (h) Amendment.--A qualified joint resolution shall not be subject to amendment in either the House of Representatives or the Senate. (i) In General.--If, before passing a qualified joint resolution, one House receives from the other a qualified joint resolution-- (1) the qualified joint resolution from the other House shall not be referred to a committee; and (2) with respect to a qualified joint resolution of the House receiving the qualified joint resolution-- (A) the procedure in that House shall be the same as if no qualified joint resolution had been received from the other House until the vote on passage; but (B) the vote on final passage shall be on the qualified joint resolution of the other House. (j) Exercise of Rulemaking Powers.--This section is enacted by the Congress-- (1) as an exercise of the rulemaking power in the Senate and House of Representatives, respectively, and as such it is deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of a qualified joint resolution, and it supersedes other rules only to the extent that it is inconsistent with such rules; and (2) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner and to the same extent as in the case of any other rule of that House.

Flood Insurance Fairness Act of 2013 - Prohibits the taking effect of specified flood insurance premium changes under the Biggert-Waters Flood Insurance Reform Act of 2012 and the National Flood Insurance Act of 1968 (which prohibit the estimating of flood insurance premium rates for severe repetitive loss and other specified properties or extending premium subsidies to new or lapsed flood insurance policies, and which also require certain flood insurance risk premium rate adjustments) until 180 days after both chambers of Congress have completed consideration of a qualified joint resolution providing for legislative changes to ensure that risk premium rates for flood insurance coverage under the national flood insurance program are substantially affordable for all homeowners. Directs the Administrator of the Federal Emergency Management Agency (FEMA) to submit to Congress and make publicly available a determination of whether the risk premium rates for flood insurance coverage under the national flood insurance program resulting from such legislative changes are substantially affordable for all homeowners. Sets forth procedures for expedited congressional consideration of the proposed joint resolution.

SECTION 1. TAX CREDIT FOR CERTAIN POLITICAL CONTRIBUTIONS. (a) In General.--Subpart A 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 22 the following new section: ``SEC. 23. CREDIT FOR POLITICAL CONTRIBUTIONS. ``(a) In General.--In the case of an individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to one-half of all political contributions, and all newsletter fund contributions, paid by the taxpayer during the taxable year. ``(b) Limitations.-- ``(1) Maximum credit.--The credit allowed by subsection (a) shall not exceed $100 ($200 in the case of a joint return). ``(2) Verification.--The credit allowed by subsection (a) shall be allowed, with respect to any political contribution or newsletter fund contribution, only if such contribution is verified in such manner as the Secretary shall prescribe by regulation. ``(c) Definitions.--For purposes of this section-- ``(1) Candidate.--The term `candidate' means, with respect to any Federal, State, or local elective public office, an individual who-- ``(A) publicly announces before the close of the calendar year following the calendar year in which the political contribution is made that the individual is a candidate for nomination or election to such office; and ``(B) meets the qualifications prescribed by law to hold such office. ``(2) National political party.--The term `national political party' means-- ``(A) in the case of political contributions made during a taxable year of the taxpayer in which the electors of President and Vice President are chosen, a political party presenting candidates or electors for such offices on the official election ballot of ten or more States; or ``(B) in the case of political contributions made during any other taxable year of the taxpayer, a political party which met the qualifications described in subparagraph (A) in the last preceding election of a President and Vice President. ``(3) Newsletter fund.--The term `newsletter fund' means a fund described in section 527(g)(1). ``(4) Political contribution.--The term `political contribution' means a contribution or gift of money, or the fair market value of a contribution or gift of property, to-- ``(A) an individual who is a candidate for nomination or election to any Federal, State, or local elective public office in any primary, general, or special election, for use by such individual to further the candidacy of the individual for nomination or election to such office; ``(B) any committee, association, or organization (whether or not incorporated) organized and operated exclusively for the purposes of influencing, or attempting to influence, the nomination or election of one or more individuals who are candidates for nomination or election to any Federal, State, or local elective public office, for use by such committee, association, or organization to further the candidacy of such individual or individuals for nomination or election to such office; ``(C) the national committee of a national political party; ``(D) the State committee of a national political party as designated by the national committee of such party; or ``(E) a local committee of a national political party as designated by the State committee of such party designated under subparagraph (D). ``(5) State and local.--The term `State' means the various States and the District of Columbia; and the term `local' means a political subdivision or part thereof, or two or more political subdivisions or parts thereof, of a State.''. ``(d) Cross References.-- ``For transfer of appreciated property to a political organization, see section 84. ``For certain indirect contributions to political parties, see section 276.''. (b) Conforming Amendment.--The table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code (relating to nonrefundable personal credits) is amended by inserting after the item relating to section 22 the following new item: ``Sec. 23. Credit for political contributions.'' (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31 of the calendar year in which this Act is enacted. SEC. 2. PRESIDENTIAL CAMPAIGN FUND. (a) Repeal of Provisions Concerning Presidential Campaign Fund.-- The following provisions of such Code are hereby repealed: (1) Part VIII of subchapter A of chapter 61 of subtitle F of such Code (relating to designation of income tax payments to Presidential Election Campaign Fund). (2) Subtitle H (relating to financing of Presidential election campaigns). (b) Conforming Amendments.-- (1) Table of parts.--The table of parts of subchapter A of chapter 61 of subtitle F of such Code is amended by striking the item relating to part VIII. (2) Table of subtitles.--The table of subtitles of such Code is amended by striking the item relating to subtitle H. (c) Effective Dates.-- (1) Designation of income tax payments to fund.--The amendment made by subsection (a)(1) applies to taxable years beginning after December 31, 1996. (2) Financing of presidential election campaigns.--The amendment made by subsection (a)(2) shall take effect on the date that is 2 years after the date of the enactment of this Act, except that no payment may be made from the Presidential Election Campaign Fund or the Presidential Primary Matching Payment Account with respect to any Presidential election occurring more than 2 years after the date of the enactment of this Act. (d) Amounts Remaining in Funds.--The Secretary of the Treasury shall deposit into the Treasury of the United States as miscellaneous receipts any amounts that remain, on the date that is 2 years after the date of the enactment of this Act, in the Presidential Election Campaign Fund or the Presidential Primary Matching Payment Account.

Amends the Internal Revenue Code to allow an individual a tax credit equal to one-half of all political contributions and all newsletter fund contributions paid during the taxable year. Limits such credit to $100 ($200 for a joint return). Eliminates the Presidential Election Campaign Fund.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Specialty Crop and Value-Added Agriculture Promotion Act''. SEC. 2. DEFINITION OF SPECIALTY CROP. Section 3(1) of the Specialty Crops Competitiveness Act of 2004 (Public 108-465; 7 U.S.C. 1621 note) is amended-- (1) by inserting ``fish and shellfish whether farm-raised or harvested in the wild,'' after ``dried fruits,''; and (2) by adding at the end the following new sentence: ``The term includes specialty crops that are organically produced (as defined in section 2103 of the Organic Foods Production Act of 1990 (7 U.S.C. 6502).''. SEC. 3. PERMANENT AUTHORIZATION OF APPROPRIATIONS FOR STATE SPECIALTY CROP BLOCK GRANTS. Subsection (i) of section 101 of the Specialty Crops Competitiveness Act of 2004 (Public 108-465; 7 U.S.C. 1621 note) is amended to read as follows: ``(i) Authorization of Appropriations.--For fiscal year 2006 and every fiscal year thereafter, there is authorized to be appropriated to the Secretary of Agriculture $500,000,000 to make grants under this section.''. SEC. 4. BLOCK GRANTS TO STATES FOR VALUE-ADDED AGRICULTURAL PRODUCT MARKET DEVELOPMENT. (a) In General.--Subsection (b) of section 231 of the Agricultural Risk Protection Act of 2000 (Public Law 106-224; 7 U.S.C. 1621 note) is amended to read as follows: ``(b) Grant Program.-- ``(1) Block grants to states.-- ``(A) Amount of grant to state.--From the amount made available under paragraph (6) for a fiscal year, the Secretary shall provide to each State, subject to subparagraph (B), a grant in an amount equal to the product obtained by multiplying the amount made available for that fiscal year by the result obtained by dividing-- ``(i) the total value of the agricultural commodities and products made in the State during the preceding fiscal year; by ``(ii) the total value of the agricultural commodities and products made in all of the States during the preceding fiscal year. ``(B) Limitation.--The total grant provided to a State for a fiscal year under subparagraph (A) shall not exceed $3,000,000. ``(2) Use of grant funds by states.--A State shall use the grant funds to award competitive grants-- ``(A) to an eligible independent producer (as determined by the State) of a value-added agricultural product to assist the producer-- ``(i) in developing a business plan for viable marketing opportunities for the value- added agricultural product; or ``(ii) in developing strategies that are intended to create marketing opportunities for the producer; and ``(B) to an eligible agricultural producer group, farmer or rancher cooperative, or majority-controlled producer-based business venture (as determined by the State) to assist the entity-- ``(i) in developing a business plan for viable marketing opportunities in emerging markets for a value-added agricultural product; or ``(ii) in developing strategies that are intended to create marketing opportunities in emerging markets for the value-added agricultural product. ``(3) Amount of competitive grant.-- ``(A) In general.--The total amount provided under paragraph (2) to a grant recipient shall not exceed $500,000. ``(B) Majority-controlled producer-based business ventures.--The amount of grants provided by a State to majority-controlled producer-based business ventures under paragraph (2)(B) for a fiscal year may not exceed 10 percent of the amount of funds that are used by the State to make grants for the fiscal year under paragraph (2). ``(4) Grantee strategies.--A recipient of a grant under paragraph (2) shall use the grant funds-- ``(A) to develop a business plan or perform a feasibility study to establish a viable marketing opportunity for a value-added agricultural product; or ``(B) to provide capital to establish alliances or business ventures that allow the producer of the value- added agricultural product to better compete in domestic or international markets. ``(5) Reports.--Within 90 days after the end of a fiscal year for which funds are provided to a State under paragraph (1), the State shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report describing how the funds were used. ``(6) Funding.--On October 1 of each fiscal year, of the funds of the Commodity Credit Corporation, the Secretary shall make available to carry out this subsection $100,000,000, to remain available until expended. ``(7) State defined.--In this subsection, the term `State' means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.''. (b) Effective Date.--The amendment made by subsection (a) shall take effect on October 1, 2005. SEC. 5. REIMBURSEMENT OF CERTIFICATION COSTS. (a) Incentive Program.--The Secretary of Agriculture shall establish an incentive program to encourage the independent third-party certification of agricultural producers and processors for product qualities, production practices, or other product or process attributes that increase marketability or value of an agricultural commodity. The Secretary shall include independent third-party certification systems, including programs such as Good Agricultural Practices, Good Handling Practices, and Good Manufacturing Practices programs, that the Secretary finds will provide one or more measurable social, environmental, or marketing advantages. (b) Standards.--The Secretary shall set standards regarding the types of certifications, and the types of certification-related expenses, that will qualify for reimbursement under the program. (c) Limitation on Amount of Reimbursement.--An agricultural producer or processor may not receive reimbursement for more than 50 percent of the qualified expenses incurred by the producer or processor related to accepted certifications. SEC. 6. NATIONWIDE EXPANSION OF RISK MANAGEMENT AGENCY ADJUSTED GROSS REVENUE INSURANCE PROGRAM. (a) Expansion.--Section 523(e) of the Federal Crop Insurance Act (7 U.S.C. 1523(e)) is amended by adding at the end the following new paragraph: ``(3) Permanent nationwide operation.--Effective beginning with the 2006 reinsurance year, the Corporation shall carry out the adjusted gross revenue insurance pilot program as a permanent program under this title and may expand the program to cover any county in which crops are produced. To facilitate the expansion of the program nationwide, the Corporation may grant temporary premium subsidies for the purchase of a policy under the program to producers whose farm operations are located in a county that has a high level of specialty crop production and has not had a high-level of participation in the purchase of crop insurance coverage.''. (b) Comptroller General Study.--The Comptroller General shall conduct a study of the Federal crop insurance program to determine how well the program serves specialty crop producers and to recommend such changes as the Comptroller General considers appropriate to improve the program for specialty crop producers. SEC. 7. EXPANSION OF FRUIT AND VEGETABLE PROGRAM IN SCHOOL LUNCH PROGRAMS. The Richard B. Russell National School Lunch Act is amended-- (1) in section 18 (42 U.S.C. 1769), by striking subsection (g); and (2) by inserting after section 18 the following new section: ``SEC. 19. FRUIT AND VEGETABLE PROGRAM. ``(a) In General.--The Secretary shall make available in not more than 100 schools in each State, and in elementary and secondary schools on 1 Indian reservation, free fresh and dried fruits and vegetables and frozen berries to be served to school children throughout the school day in 1 or more areas designated by the school. ``(b) Priority in Allocation.--In selecting States to participate in the program, the Secretary shall give priority to States that produce large quantities of specialty crops. ``(c) Publicity.--A school participating in the program authorized by this section shall publicize within the school the availability of free fruits and vegetables under the program. ``(d) Authorization of Appropriations.--There is authorized to be appropriated for fiscal years 2006 and 2007, $20,000,000 to carry out this section.''. SEC. 8. INCREASE IN LIMIT ON DIRECT OPERATING LOANS; INDEXATION TO INFLATION. Section 313 of the Consolidated Farm and Rural Development Act (7 U.S.C. 1943) is amended-- (1) in subsection (a)(1), by striking ``$200,000'' and inserting ``$500,000 (increased, beginning with fiscal year 2007, by the inflation percentage applicable to the fiscal year in which the loan is made)''; and (2) in subsection (b), by striking paragraph (2) and inserting the following new paragraph: ``(2) the average of such index (as so defined) for the 12- month period ending on-- ``(A) in the case of a loan other than a loan guaranteed by the Secretary, August 31, 2005; or ``(B) in the case of a loan guaranteed by the Secretary, August 31, 1996.''. SEC. 9. TRADE OF SPECIALTY CROPS. (a) Assistant USTR for Specialty Crops.--Section 141(c) of the Trade Act of 1974 (19 U.S.C. 2171(c)) is amended by adding at the end the following new paragraph: ``(6)(A) There is established in the Office the position of Assistant United States Trade Representative for Specialty Crops. The Assistant United States Trade Representative for Specialty Crops shall be appointed by the United States Trade Representative. ``(B) The primary function of the Assistant United States Trade Representative for Specialty Crops shall be to promote the trade interests of specialty crop businesses, to remove foreign trade barriers that impede specialty crop businesses, and to enforce existing trade agreements beneficial to specialty crop businesses. ``(C) The Assistant United States Trade Representative for Specialty Crops shall be paid at the level of a member of the Senior Executive Service with equivalent time and service.''. (b) Study of Uruguay Round Table Agreement Benefits.-- (1) Study.--The Comptroller General of the United States shall conduct a study on the benefits of the agreements approved by Congress under section 101(a)(1) of the Uruguay Round Agreements Act (Public Law 103-465) to specialty crop businesses. (2) Report.--Not later than one year after the date of the enactment of this Act, the Comptroller General shall submit to Congress a report describing the results of the study conducted under paragraph (1). (c) Foreign Market Access Strategy.--Not later than one year after the date of the enactment of this Act, the Secretary of Agriculture shall develop and implement a foreign market access strategy to increase exports of specialty crops to foreign markets. SEC. 10. INCREASED AUTHORIZATION FOR TECHNICAL ASSISTANCE FOR SPECIALTY CROPS. Section 3205(d) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 5680(d)) is amended by striking ``$2,000,000'' and inserting ``$10,000,000''.

Specialty Crop and Value-Added Agriculture Promotion Act - Amends the Specialty Crops Competitiveness Act of 2004 to include within the definition of specialty crop: (1) farm-raised or wild-harvested fish and shellfish; and (2) organically produced specialty crops. Makes the authorization of appropriations for state specialty crop block grants permanent. Amends the Agricultural Risk Protection Act of 2000 to replace the agricultural marketing resource center pilot project with a state block grant program for value-added agricultural product market development. Directs the Secretary of Agriculture to establish an incentive program for third-party certification of agricultural producers and processors for quality and production practices that increase agricultural commodity marketability or value. Provides for up 50% reimbursement of participant certification costs. Amends the Federal Crop Insurance Act to direct the Commodity Credit Corporation to carry out the adjusted gross revenue insurance pilot program as a permanent program. Authorizes the Corporation to: (1) expand the program to cover any county in which crops are produced; and (2) grant temporary policy subsidies for producers located in a county that has a high level of specialty crop production and has not had a high level of crop insurance coverage coverage. Amends the Richard B. Russell National School Lunch Act to direct the Secretary to: (1) make available to students in not more than 100 schools in each state, and in elementary and secondary schools on one Indian reservation, free fresh and dried fruits and vegetables throughout the school day in one or more school-designated areas; and (2) give priority to states that produce large quantities of specialty crops. Amends the Consolidated Farm and Rural Development Act to increase operating loan limits for loans guaranteed other than by the Secretary. Revises the related inflation percentage determination. Amends the Trade Act of 1974 to establish the position of Assistant United States Trade Representative for Specialty Crops. Amends the Farm Security and Rural Investment Act of 2002 to increase the authorization of appropriations for specialty crop technical assistance.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Delaware River Basin Conservation Act of 2010''. SEC. 2. FINDINGS. Congress finds the following: (1) The Delaware River Basin is a national treasure of great cultural, environmental, and ecological importance. (2) The Delaware River Basin contains over 12,500 square miles of land in Delaware, New Jersey, New York, and Pennsylvania, nearly 800 square miles of bay, and more than 2,000 tributary rivers and streams. (3) The Basin is home to more than 8,000,000 people who depend on the Delaware River and Bay as an economic engine, a place of recreation, and a vital habitat for fish and wildlife. (4) The Basin provides clean drinking water to more than 15,000,000 people. New York City relies on the Delaware River Basin for half of its drinking water supply. A study conducted by the City of Philadelphia Water Department determined that the most significant threat to its drinking water supply is forest clearing in the Upper Basin. (5) Almost 180 species of fish and wildlife are considered special status species in the Basin due to habitat loss and degradation. Sturgeon, eastern oyster, and red knots have been identified as unique species in need of habitat improvement. (6) The Basin provides habitat for over 200 fish species, both residents and migrants, and includes significant recreational fisheries. The Basin is also a prolific source of eastern oyster, blue crab, and the largest population of the American horseshoe crab. (7) Current oyster landings in the Delaware Bay are at 100,000 bushels, down from 500,000 harvested in the 1980s due, in part, to polluted water and disease. (8) The Delaware Bay has the second largest concentration of shorebirds in North America and is designated as one of the four most important shorebird migration sites in the world. (9) The Basin has 1,000,000 acres of wetlands, more than 126,000 acres of which are recognized as internationally important. Fifty percent of the Basin is covered by forest. This landscape provides essential ecosystem services, including recreation, commercial, and water quality benefits. (10) Much of the remaining exemplary natural landscape is vulnerable to further degradation. The Basin gains approximately 14 square miles of developed land annually. With new development, urban watersheds are increasingly covered by impervious surfaces, amplifying the amount of polluted runoff into rivers and streams. (11) The Delaware River is the longest undammed river east of the Mississippi, and a critical component of the National Wild and Scenic River System in the Northeast. (12) Management of water volume in the Basin is critical to flood mitigation and habitat for fish and wildlife. Following three major floods along the River since 2004, the governors of Delaware, New Jersey, New York, and Pennsylvania, have called for natural flood control measures to combat the problem, including restoring the function of riparian corridors. (13) The Delaware River Port Complex (including docking facilities in Delaware, New Jersey, and Pennsylvania) is the largest freshwater port in the world. The Port of Philadelphia handles the largest volume of international tonnage and 70 percent of the oil shipped to the east coast. The Port of Wilmington, a full-service deepwater port and marine terminal, is the busiest terminal on the Delaware River handling over 400 vessels per year with an annual import/export cargo tonnage of over 4,000,000 tons. (14) The Delaware Estuary, where fresh water from the Delaware River mixes with salt water from the Atlantic Ocean, is one of the largest and most complex of the 28 estuaries in the National Estuary Program, and the Partnership for the Delaware Estuary works to improve the environmental health of the Delaware Estuary. (15) The Delaware River Basin Commission is a Federal- interstate compact government agency charged with overseeing a unified approach to managing the river system and implements important water resources management projects and activities throughout the Basin that are in the national interest. (16) Restoration in the Basin is presently supported through several State and Federal agency programs. Funding for these important programs should continue and complement the establishment of the Delaware River Basin Restoration Program. The Program and associated funding for the Basin is intended to build upon and help coordinate restoration and protection funding mechanisms at the Federal, regional, State, and local level. SEC. 3. DEFINITIONS. In this Act, the following definitions apply: (1) Basin.--The term ``Basin'' means the four-State Delaware Basin including all of Delaware Bay and portions of Delaware, New Jersey, New York, and Pennsylvania, located in the Delaware River watershed. (2) Director.--The term ``Director'' means the Director of the United States Fish and Wildlife Service. (3) Foundation.--The term ``Foundation'' means the National Fish and Wildlife Foundation, a congressionally chartered foundation established under the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3701 et seq.). (4) Grant program.--The term ``Grant Program'' refers to the Delaware River Basin Restoration Grant Program. (5) Program.--The term ``Program'' means the Delaware River Basin Restoration Program. (6) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (7) Service.--The term ``Service'' means the United States Fish and Wildlife Service. SEC. 4. PROGRAM ESTABLISHMENT. (a) Establishment.--Not later than 180 days after funds are made available for this purpose, the Secretary shall establish a program, through the Director, that shall be known as the ``Delaware River Basin Restoration Program''. The Director shall-- (1) work in consultation with existing management structures, including representatives of the Partnership for the Delaware Estuary and the Delaware River Basin Commission, and other Federal, State, local government, regional, and nonprofit organizations, as appropriate, to identify, prioritize, and implement restoration and protection activities within the Basin; (2) adopt a single plan that includes a shared set of priorities for implementation of the Program; (3) establish the Grant Program; and (4) provide for technical assistance in accordance with this Act. (b) Coordination.--In establishing the Program, the Director shall consult, as appropriate, with-- (1) Federal agencies, including the Environmental Protection Agency, National Oceanic Atmospheric Administration, Natural Resource Conservation Service, United States Army Corps of Engineers, the National Park Service, and any other relevant agencies; (2) Basin States which include Delaware, New Jersey, New York, and Pennsylvania; (3) the Partnership for the Delaware Estuary; (4) the Delaware River Basin Commission; (5) fish and wildlife joint venture partnerships in existence on the date of the enactment of this Act as well as those formed after such date; and (6) other public agencies and organizations with authorities for planning and implementation of conservation strategies in the Basin. (c) Purposes.--The purposes of the Program include-- (1) to coordinate restoration and protection activities among Federal agencies, State, local and regional entities, and conservation partners throughout the Basin; (2) to carry out coordinated restoration and protection activities throughout the Basin and the States to-- (A) sustain and enhance habitat restoration and protection activities; (B) sustain and enhance water quality improvements, including drinking water; (C) sustain and enhance water management and flood control improvements to benefit fish and wildlife habitat; (D) improve opportunities for public access and recreation in the Basin; (E) encourage environmentally sensitive land use planning and development; (F) increase the capacity to implement coordinated restoration and protection activities in Basin by conducting public outreach and education, and promoting citizen involvement; and (G) coordinate, conduct, and support planning, studies, monitoring, and research necessary to carry out coordinated restoration and protection activities; and (3) to provide competitive grants and for technical assistance for restoration and protection activities in Basin with priority given to activities with multiple benefits, including habitat, water quality, and flood protection. SEC. 5. GRANTS AND ASSISTANCE. (a) Delaware River Basin Restoration Program.--To the extent that funds are available for this purpose, the Director shall establish a ``Delaware River Basin Restoration Grant Program'' to provide competitive matching grants of varying amounts to State and local governments, nonprofit organizations, community organizations, universities, and others to carry out activities for the purposes set forth in section 4. (b) Criteria.--The Director, in consultation with the organizations listed in section 4(b), shall develop criteria for the Grant Program to help ensure that activities funded under this section address one or more of the following: (1) Restore or protect fish and wildlife species and their habitats. (2) Improve or protect water quality by reducing nonpoint and point source pollutants. (3) Reduce or improve management of water volume and flooding. (4) Address priority needs or actions identified in the single plan adopted under section 4(a)(2). (5) Include activities with multiple benefits in Basin, including habitat, water quality, and flood protection. (c) Cost Sharing.-- (1) Federal share.--The Federal share of the cost of a project funded under the Grant Program shall not exceed 75 percent of the total cost of the activity. (2) Non-federal share.--The non-Federal share of the cost of a project funded under the Grant Program may be provided in cash or in the form of an in-kind contribution of services or materials. (d) Administration.--The Director may enter into an agreement with the National Fish and Wildlife Foundation or another organization with the proper expertise to manage the Grant Program. If selected, the Foundation or other organization shall receive in lump sum, invest and reinvest funds for the Grant Program, and otherwise administer the Grant Program to support partnerships between the public and private sectors that further the purposes of this Act. Amounts received by the Foundation under this section shall be subject to the provisions of the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3701 et seq.), excluding section 3709(a) of that Act. (e) Technical Assistance.--The Director may provide or provide for technical assistance, on a nonreimbursable basis, to other Federal agencies, State and local governments, nonprofit organizations, community organizations, universities, and others to carry out the purposes of the Program. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There is authorized to be appropriated to the Secretary $5,000,000 for each of fiscal years 2011 through 2016 to carry out this Act. (b) Proportionate Use.--Of the amount appropriated, at least 75 percent shall be used to carry out the Grant Program and to provide or provide for technical assistance under section 5. SEC. 7. REPORT TO CONGRESS. Not later than 180 days after the date of the enactment of this Act and annually thereafter, the Secretary shall submit to Congress a report on the implementation of the Act, including what projects have been funded under this Act.

Delaware River Basin Conservation Act of 2010 - Requires the Secretary of the Interior, through the Director of the United States Fish and Wildlife Service, to establish a Delaware River Basin Restoration Program, under which the Director shall: (1) work in consultation with existing management structures to identify, prioritize, and implement restoration and protection activities within the Delaware Basin (defined as including all of Delaware Bay and portions of Delaware, New Jersey, New York, and Pennsylvania located in the Delaware River watershed); (2) adopt a single plan that includes a shared set of priorities for implementation of the Program; (3) establish the Delaware River Basin Restoration Grant Program; and (4) provide technical assistance to other federal agencies, state and local governments, nonprofit and community organizations, universities, and others to carry out the Restoration Program. Requires the Grant Program to provide competitive matching grants to state and local governments, nonprofit organizations, community organizations, universities, and others to carry out Restoration Program purposes. Requires the Director to develop criteria to ensure that funded activities: (1) restore or protect fish and wildlife species and their habitats; (2) improve or protect water quality by reducing nonpoint and point source pollutants; (3) reduce or improve management of water volume and flooding; (4) address priority needs or actions identified in the single plan adopted; and/or (5) include activities with multiple benefits in the Basin, including habitat, water quality, and flood protection. Limits the federal share of the total cost of a funded project to 75%. Authorizes the Director to contract with the National Fish and Wildlife Foundation or another organization with the expertise to manage the Grant Program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Mining Jobs Protection Act''. SEC. 2. PERMITS FOR DREDGED OR FILL MATERIAL. Section 404 of the Federal Water Pollution Control Act (33 U.S.C. 1344) is amended by striking subsection (c) and inserting the following: ``(c) Authority of Administrator To Disapprove Specifications.-- ``(1) In general.--The Administrator, in accordance with this subsection, may prohibit the specification of any defined area as a disposal site, and may deny or restrict the use of any defined area for specification as a disposal site, in any case in which the Administrator determines, after notice and opportunity for public hearings and consultation with the Secretary, that the discharge of those materials into the area will have an unacceptable adverse effect on-- ``(A) municipal water supplies; ``(B) shellfish beds and fishery areas (including spawning and breeding areas); ``(C) wildlife; or ``(D) recreational areas. ``(2) Deadline for action.-- ``(A) In general.--The Administrator shall-- ``(i) not later than 30 days after the date on which the Administrator receives from the Secretary for review a specification proposed to be issued under subsection (a), provide notice to the Secretary of, and publish in the Federal Register, a description of any potential concerns of the Administrator with respect to the specification, including a list of measures required to fully address those concerns; and ``(ii) if the Administrator intends to disapprove a specification, not later than 60 days after the date on which the Administrator receives a proposed specification under subsection (a) from the Secretary, provide to the Secretary and the applicant, and publish in the Federal Register, a statement of disapproval of the specification pursuant to this subsection, including the reasons for the disapproval. ``(B) Failure to act.--If the Administrator fails to take any action or meet any deadline described in subparagraph (A) with respect to a proposed specification, the Administrator shall have no further authority under this subsection to disapprove or prohibit issuance of the specification. ``(3) No retroactive disapproval.-- ``(A) In general.--The authority of the Administrator to disapprove or prohibit issuance of a specification under this subsection-- ``(i) terminates as of the date that is 60 days after the date on which the Administrator receives the proposed specification from the Secretary for review; and ``(ii) shall not be used with respect to any specification after issuance of the specification by the Secretary under subsection (a). ``(B) Specifications disapproved before date of enactment.--In any case in which, before the date of enactment of this subparagraph, the Administrator disapproved a specification under this subsection (as in effect on the day before the date of enactment of the Mining Jobs Protection Act) after the specification was issued by the Secretary pursuant to subsection (a)-- ``(i) the Secretary may-- ``(I) reevaluate and reissue the specification after making appropriate modifications; or ``(II) elect not to reissue the specification; and ``(ii) the Administrator shall have no further authority to disapprove the modified specification or any reissuance of the specification. ``(C) Finality.--An election by the Secretary under subparagraph (B)(i) shall constitute final agency action. ``(4) Applicability.--Except as provided in paragraph (3), this subsection applies to each specification proposed to be issued under subsection (a) that is pending as of, or requested or filed on or after, the date of enactment of the Mining Jobs Protection Act''. SEC. 3. REVIEW OF PERMITS. Section 404(q) of the Federal Water Pollution Control Act (33 U.S.C. 1344(q)) is amended-- (1) in the first sentence, by striking ``(q) Not later than'' and inserting the following: ``(q) Agreements; Higher Review of Permits.-- ``(1) Agreements.-- ``(A) In general.--Not later than''; (2) in the second sentence, by striking ``Such agreements'' and inserting the following: ``(B) Deadline.--Agreements described in subparagraph (A)''; and (3) by adding at the end the following: ``(2) Higher review of permits.-- ``(A) In general.--Subject to subparagraph (C), before the Administrator or the head of another Federal agency requests that a permit proposed to be issued under this section receive a higher level of review by the Secretary, the Administrator or other head shall-- ``(i) consult with the head of the State agency having jurisdiction over aquatic resources in each State in which activities under the requested permit would be carried out; and ``(ii) obtain official consent from the State agency (or, in the case of multiple States in which activities under the requested permit would be carried out, from each State agency) to designate areas covered or affected by the proposed permit as aquatic resources of national importance. ``(B) Failure to obtain consent.--If the Administrator or the head of another Federal agency does not obtain State consent described in subparagraph (A) with respect to a permit proposed to be issued under this section, the Administrator or Federal agency may not proceed in seeking higher review of the permit. ``(C) Limitation on elevations.--The Administrator or the head of another Federal agency may request that a permit proposed to be issued under this section receive a higher level of review by the Secretary not more than once per permit. ``(D) Effective date.--This paragraph applies to permits for which applications are submitted under this section on or after January 1, 2010.''.

Mining Jobs Protection Act - Amends the Federal Water Pollution Control Act (commonly known as the Clean Water Act) to repeal provisions that require the Administrator of the Environmental Protection Agency (EPA) to consult with the Secretary of the Army before denying or restricting the use of specified areas as disposal sites for discharges of dredged or fill material into waters of the United States. Requires the Administrator to provide, within specified timeframes, to: (1) the Secretary notice of any concerns with respect to a specification for a disposal site proposed to be issued under a permit to discharge into navigable waters; and (2) the Secretary and permit applicants the reasons for any disapproval of permits. Removes the Administrator's authority to prohibit the specification of any defined area as a disposal site: (1) 60 days after the Administrator receives the proposed specification from the Secretary for review; and (2) once the Secretary has issued a permit for dredged or fill material. Authorizes the Secretary to reevaluate and reissue, or to elect not to reissue, a specification in any case in which, before the enactment of this Act, the Administrator disproved of a specification after it was issued by the Secretary. Sets forth requirements that must be met before the Administrator or the head of another agency requests that a proposed permit for dredged or fill material receive a higher level of review by the Secretary.

SECTION 1. INCLUSION OF ADDITIONAL PORTION OF THE LITTLE SANDY RIVER WATERSHED IN THE BULL RUN WATERSHED MANAGEMENT UNIT, OREGON. (a) In General.--Public Law 95-200 (16 U.S.C. 482b note) is amended by striking section 1 and inserting the following: ``SECTION 1. ESTABLISHMENT OF SPECIAL RESOURCES MANAGEMENT UNIT; DEFINITION OF SECRETARY. ``(a) Establishment.-- ``(1) In general.--There is established, subject to valid existing rights, a special resources management unit in the State of Oregon comprising approximately 98,272 acres, as depicted on a map dated May 2000, and entitled `Bull Run Watershed Management Unit'. ``(2) Map.--The map described in paragraph (1) shall be on file and available for public inspection in the offices of the Regional Forester-Pacific Northwest Region, Forest Service, Department of Agriculture, and in the offices of the State Director, Bureau of Land Management, Department of the Interior. ``(3) Boundary adjustments.--Minor adjustments in the boundaries of the unit may be made from time to time by the Secretary after consultation with the city and appropriate public notice and hearings. ``(b) Definition of Secretary.--In this Act, the term `Secretary' means-- ``(1) with respect to land administered by the Secretary of Agriculture, the Secretary of Agriculture; and ``(2) with respect to land administered by the Secretary of the Interior, the Secretary of the Interior.''. (b) Conforming and Technical Amendments.-- (1) Secretary.--Public Law 95-200 (16 U.S.C. 482b note) is amended by striking ``Secretary of Agriculture'' each place it appears (except subsection (b) of section 1, as added by subsection (a), and except in the amendments made by paragraph (2)) and inserting ``Secretary''. (2) Applicable law.-- (A) In general.--Section 2(a) of Public Law 95-200 (16 U.S.C. 482b note) is amended by striking ``applicable to National Forest System lands'' and inserting ``applicable to National Forest System land (in the case of land administered by the Secretary of Agriculture) or applicable to land under the administrative jurisdiction of the Bureau of Land Management (in the case of land administered by the Secretary of the Interior)''. (B) Management plans.--The first sentence of section 2(c) of Public Law 95-200 (16 U.S.C. 482b note) is amended-- (i) by striking ``subsection (a) and (b)'' and inserting ``subsections (a) and (b)''; and (ii) by striking ``, through the maintenance'' and inserting ``(in the case of land administered by the Secretary of Agriculture) or section 202 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712) (in the case of land administered by the Secretary of the Interior), through the maintenance''. SEC. 2. MANAGEMENT. (a) Timber Harvesting Restrictions.--Section 2(b) of Public Law 95- 200 (16 U.S.C. 482b note) is amended by striking paragraph (1) and inserting the following: ``(1) In general.--Subject to paragraph (2), the Secretary shall prohibit the cutting of trees on Federal land in the entire unit, as designated in section 1 and depicted on the map referred to in that section.''. (b) Repeal of Management Exception.--The Oregon Resource Conservation Act of 1996 (division B of Public Law 104-208) is amended by striking section 606 (110 Stat. 3009-543). (c) Repeal of Duplicative Enactment.--Section 1026 of division I of the Omnibus Parks and Public Lands Management Act of 1996 (Public Law 104-333; 110 Stat. 4228) and the amendments made by that section are repealed. (d) Water Rights.--Nothing in this section strengthens, diminishes, or has any other effect on water rights held by any person or entity. SEC. 3. LAND RECLASSIFICATION. (a) Within 6 months of the date of enactment of this Act, the Secretaries of Agriculture and Interior shall identify any Oregon and California Railroad lands (O&C lands) subject to the distribution provision of the Act of August 28, 1937 (chapter 876, title II, 50 Stat. 875; 43 U.S.C. sec. 1181f) within the boundary of the special resources management area described in section 1 of this Act. (b) Within 18 months of the date of enactment of this Act, the Secretary of the Interior shall identify public domain lands within the Medford, Roseburg, Eugene, Salem and Coos Bay Districts and the Klamath Resource Area of the Lakeview District of the Bureau of Land Management approximately equal in size and condition as those lands identified in subsection (a) but not subject to the Act of August 28, 1937 (chapter 876, title II, 50 Stat. 875; 43 U.S.C. sec. 1181a-f). For purposes of this subsection, ``public domain lands'' shall have 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), but excluding therefrom any lands managed pursuant to the Act of August 28, 1937 (chapter 876, title II, 50 Stat. 875; 43 U.S.C. 1181a-f). (c) Within 2 years after the date of enactment of this Act, the Secretary of the Interior shall submit to Congress and publish in the Federal Register a map or maps identifying those public domain lands pursuant to subsections (a) and (b) of this section. After an opportunity for public comment, the Secretary of the Interior shall complete an administrative land reclassification such that those lands identified pursuant to subsection (a) become public domain lands not subject to the distribution provision of the Act of August 28, 1937 (chapter 876, title II, 50 Stat. 875; 43 U.S.C. Sec. 1181f) and those lands identified pursuant to subsection (b) become Oregon and California Railroad lands (O&C lands) subject to the Act of August 28, 1937 (chapter 876, title II, 50 Stat. 875; 43 U.S.C. 1181a-f). SEC. 4. ENVIRONMENTAL RESTORATION. (a) In General.--In order to further the purposes of this Act, there is hereby authorized to be appropriated $10,000,000 under the provisions of section 323 of the FY 1999 Interior Appropriations Act (P.L. 105-277) for Clackamas County, Oregon, for watershed restoration, except timber extraction, that protects or enhances water quality or relates to the recovery of species listed pursuant to the Endangered Species Act (P.L. 93-205) near the Bull Run Management Unit. Passed the Senate October 5 (legislative day, September 22), 2000. Attest: GARY SISCO, Secretary.

Requires the cutting of trees to be prohibited on Federal land in the entire unit. Repeals a provision of the Oregon Resource Conservation Act of 1996 which requires certain Unit lands that are not contained in the Bull Run River Drainage to be managed in accordance with the law establishing the Unit. Requires the Secretaries of Agriculture and Interior to identify any Oregon and California Railroad lands (O&C lands), subject to the distribution provision regarding such lands, within the boundary of the Unit. Requires the Secretary of the Interior to identify public domain lands (as defined under this Act) within the Medford, Roseburg, Eugene, Salem and Coos Bay Districts and the Klamath Resource Area of the Lakeview District of the Bureau of Land Management equal in size and condition as such O&C lands, but not subject to the Act relating to the Oregon and California Railroad and Coos Bay Wagon Road grant lands. Requires such Secretary to: (1) submit to Congress and publish in the Federal Register a map or maps identifying those public domain lands mentioned in the two preceding clauses; and (2) after an opportunity for public comment, complete an administrative land reclassification such that the O&C lands within the Unit become public domain lands not subject to the distribution provision and the public domain lands within such Districts become O&C lands subject to such Act. Authorizes appropriations under the provisions of the FY 1999 Interior Appropriations Act for Clackamas County, Oregon, for watershed restoration (except timber extraction) that protects or enhances water quality or relates to the recovery of endangered and threatened species near the Unit in order to further this Act's purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``District of Columbia Fairness in Representation Act'' . SEC. 2. FINDINGS. Congress finds as follows: (1) Over half a million people living in the District of Columbia, the capital of our democratic Nation, lack direct voting representation in the United States Senate and House of Representatives. (2) District of Columbia residents have fought and died to defend our democracy in every war since the War of Independence. (3) District of Columbia residents pay billions of dollars in Federal taxes each year. (4) Our Nation is founded on the principles of ``one person, one vote'' and ``government by the consent of the governed''. SEC. 3. TREATMENT OF DISTRICT OF COLUMBIA AS CONGRESSIONAL DISTRICT. (a) In General.--Notwithstanding any other provision of law, the District of Columbia shall be considered a Congressional district for purposes of representation in the House of Representatives. (b) Conforming Amendment Regarding Application of Method of Equal Proportions in Apportionment of House of Representatives.--Section 2(a) of the Act entitled ``An Act to provide for apportioning Representatives in Congress among the several States by the equal proportion method'', approved November 15, 1941 (2 U.S.C. 2b), is amended by inserting ``or the District of Columbia'' after ``no State''. (c) Conforming Amendments Regarding Appointments to Service Academies.-- (1) United states military academy.--Section 4342 of title 10, United States Code, is amended-- (A) in subsection (a), by striking paragraph (5); and (B) in subsection (f), by striking ``the District of Columbia,''. (2) United states naval academy.--Such title is amended-- (A) in section 6954(a), by striking paragraph (5); and (B) in section 6958(b), by striking ``the District of Columbia,''. (3) United states air force academy.--Section 9342 of title 10, United States Code, is amended-- (A) in subsection (a), by striking paragraph (5); and (B) in subsection (f), by striking ``the District of Columbia,''. (d) Effective Date.--This section and the amendments made by this section shall apply with respect to the One Hundred Ninth Congress and each succeeding Congress. SEC. 4. TEMPORARY INCREASE IN APPORTIONMENT OF HOUSE OF REPRESENTATIVES. (a) In General.--Effective January 3, 2005, and until the taking effect of the first reapportionment occurring after the regular decennial census conducted for 2010-- (1) the membership of the House of Representatives shall be increased by 2 members; (2) each such Representative shall be in addition to the membership of the House of Representatives as now prescribed by law; and (3) the State identified by the Clerk of the House of Representatives in the report submitted under subsection (b) shall be entitled to one additional Representative. (b) Transmittal of Revised Apportionment Information by President and Clerk.-- (1) Statement of apportionment by president.--Not later than 30 days after the date of the enactment of this Act, the President shall transmit to Congress a revised version of the most recent statement of apportionment submitted under section 22(a) of the Act entitled ``An Act to provide for the fifteenth and subsequent decennial censuses and to provide for apportionment of Representatives in Congress'', approved June 28, 1929 (2 U.S.C. 2a(a)), to take into account the provisions of this Act. (2) Report by clerk.-- Not later than 15 calendar days after receiving the revised version of the statement of apportionment under paragraph (1), the Clerk of the House of Representatives, in accordance with section 22(b) of such Act (2 U.S.C. 2a(b)), shall send to the executive of each State a certificate of the number of Representatives to which such State is entitled under section 22 of such Act, and shall submit a report to the Speaker of the House of Representatives identifying the State entitled to one additional Representative pursuant to this section. (c) Increase not Counted Against Total Number of Members.--The temporary increase in the membership of the House of Representatives provided under subsection (a) shall not-- (1) operate to either increase or decrease the permanent membership of the House of Representatives as prescribed in the Act of August 8, 1911 (2 U.S.C. 2); (2) affect the basis of reapportionment established by the Act of June 28, 1929, as amended (2 U.S.C. 2a), for the Eighty Second Congress and each Congress thereafter; or (3) be taken into account in determining the number of electors under section 3 of title 3, United States Code, with respect to the 2004 Presidential election. SEC. 5. REPEAL OF OFFICE OF DISTRICT OF COLUMBIA DELEGATE. (a) In General.--Sections 202 and 204 of the District of Columbia Delegate Act (Public Law 91-405; sections 1-401 and 1-402, D.C. Official Code) are repealed, and the provisions of law amended or repealed by such sections are restored or revived as if such sections had not been enacted. (b) Conforming Amendments to District of Columbia Elections Code of 1955.--The District of Columbia Elections Code of 1955 is amended-- (1) in section 1 (sec. 1-1001.01, D.C. Official Code), by striking ``the Delegate to the House of Representatives''; (2) in section 2 (sec. 1-1001.02, D.C. Official Code)-- (A) by striking paragraph (6), and (B) in paragraph (13), by striking ``the Delegate to Congress for the District of Columbia''; (3) in section 8 (sec. 1-1001.08, D.C. Official Code)-- (A) by striking ``Delegate'' in the heading, and (B) by striking ``Delegate,'' each place it appears in subsections (h)(1)(A), (i)(1), and (j)(1); (4) in section 10 (sec. 1-1001.10, D.C. Official Code)-- (A) by striking subparagraph (A) of subsection (a)(3), and (B) in subsection (d)-- (i) by striking ``Delegate,'' each place it appears in paragraph (1), and (ii) by striking paragraph (2) and redesignating paragraph (3) as paragraph (2); (5) in section 15(b) (sec. 1-1001.15(b), D.C. Official Code), by striking ``Delegate,''; and (6) in section 17(a) (sec. 1-1001.17(a), D.C. Official Code), by striking ``except the Delegate to the Congress from the District of Columbia''. (c) Effective Date.--The amendments made by this section shall apply with respect to elections occurring during 2004 and any succeeding year. SEC. 6. REPEAL OF OFFICE OF STATEHOOD REPRESENTATIVE. (a) In General.--Section 4 of the District of Columbia Statehood Constitutional Convention Initiative of 1979 (sec. 1-123, D.C. Official Code) is amended as follows: (1) By striking ``offices of Senator and Representative'' each place it appears in subsection (d) and inserting ``office of Senator''. (2) In subsection (d)(2)-- (A) by striking ``a Representative or''; (B) by striking ``the Representative or''; and (C) by striking ``Representative shall be elected for a 2-year term and each''. (3) In subsection (d)(3)(A), by striking ``and 1 United States Representative''. (4) By striking ``Representative or'' each place it appears in subsections (e), (f), (g), and (h). (5) By striking ``Representative's or'' each place it appears in subsections (g) and (h). (b) Conforming Amendments.-- (1) Statehood commission.--Section 6 of such Initiative (sec. 1-125, D.C. Official Code) is amended-- (A) in subsection (a)-- (i) by striking ``27 voting members'' and inserting ``26 voting members'', (ii) by adding ``and'' at the end of paragraph (5); and (iii) by striking paragraph (6) and redesignating paragraph (7) as paragraph (6); and (B) in subsection (a-1)(1), by striking subparagraph (H). (2) Authorization of appropriations.--Section 8 of such Initiative (sec. 1-127, D.C. Official Code) is amended by striking ``and House''. (3) Application of honoraria limitations.--Section 4 of D.C. Law 8-135 (sec. 1-131, D.C. Official Code) is amended by striking ``or Representative'' each place it appears. (4) Application of campaign finance laws.--Section 3 of the Statehood Convention Procedural Amendments Act of 1982 (sec. 1- 135, D.C. Official Code) is amended by striking ``and United States Representative''. (c) Effective Date.--The amendments made by this section shall apply with respect to elections occurring during 2004 and any succeeding year. SEC. 7. NONSEVERABILITY OF PROVISIONS. If any provision of this Act or any amendment made by this Act is held invalid, the remaining provisions of this Act or any amendment made by this Act shall be treated as invalid.

District of Columbia Fairness in Representation Act - Considers the District of Columbia as a congressional district for purposes of representation in the House of Representatives. Provides, until the taking effect of the first reapportionment occurring after the regular decennial census conducted for 2010, that: (1) the membership of the House shall be increased by two Members; and (2) each such Representative shall be in addition to such current membership; and (3) the State identified by the Clerk of the House in a specified report by the President to Congress shall be entitled to one additional Representative. Prohibits the temporary increase from: (1) increasing or decreasing the permanent membership of the House; (2) affecting the basis of reappointment established by Federal law; or (3) being taken into account in determining the number of electors with respect to the 2004 Presidential election. Amends the District of Columbia Delegate Act to repeal the office of District of Columbia Delegate. Amends the District of Columbia Statehood Constitutional Convention Initiative of 1979 to repeal the office of Statehood Representative.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Lowey-DeLauro Emergency Infrastructure Jobs Act''. SEC. 2. STATE WATER POLLUTION CONTROL REVOLVING FUNDS. Title VI of the Federal Water Pollution Control Act (33 U.S.C. 1381-1387) is amended by inserting at the end the following new section: ``SEC. 608. EMERGENCY ECONOMIC STIMULATION PROGRAM. ``(a) In General.--In order to provide a short-term stimulus to the economy of the United States, the Administrator shall make capitalization grants to each State from funds appropriated pursuant to this section. Such grants shall be made in accordance with and subject to the provisions of this title unless otherwise provided in this section. ``(b) Schedule of Grant Payments.-- ``(1) In general.--The schedule of grant payments for grants made under this section shall be as provided under section 601 except that such payments shall be made in semiannual installments instead of quarterly installments. ``(2) First installment.--The first semiannual installment shall be equal to 40 percent of the amount of funds allotted to the State from funds appropriated pursuant to this section and shall be paid to the State not later than the 30th day following the date on which funds are appropriated pursuant to this section. ``(3) Second installment.--The second semiannual installment shall be equal to 60 percent of the amount of such allotted funds and shall be paid to the State not later than the 180th day following such appropriation date. ``(c) Capitalization Grant Agreements.-- ``(1) Specific requirements.-- ``(A) Existing requirements.--Except for the specific requirements set forth in paragraphs (2) and (3) of section 602(b), the specific requirements set forth in such section shall apply to capitalization grants made from funds appropriated pursuant to this section. For purposes of this section, the reference to quarterly grant payments in paragraph (7) of such section shall be treated as a reference to semiannual grant payments. ``(B) Additional requirements.-- ``(i) Number of agreements.--The Administrator shall enter into an agreement under section 602(b) with a State with respect to each of the semiannual payments to be made to the State under this section. ``(ii) First agreement.--The Administrator shall enter into the agreement with respect to the first semiannual payment to be made to the State under this section only after-- ``(I) the State has entered into binding commitments to provide assistance in accordance with the requirements of this title in fiscal year 1993 in an amount equal to 40 percent of the funds allotted to the State from funds appropriated pursuant to section 607 for fiscal year 1993; and ``(II) the State has established to the satisfaction of the Administrator that it will enter into binding commitments to provide assistance in accordance with the requirements of this title in an amount equal to 40 percent of the amount allotted to the State from funds appropriated pursuant to this section within 6 months after the date of such appropriation. ``(iii) Second agreement.--The Administrator shall enter into the agreement with respect to the second semiannual payment to be made to the State under this section only after-- ``(I) the State has entered into binding commitments to provide assistance in accordance with the requirements of this title in fiscal year 1993 in an amount equal to 100 percent of the funds allotted to the State from funds appropriated pursuant to section 607 for fiscal year 1993 (including amounts counted with respect to the meeting of the requirement of clause (ii)(I) by the State); ``(II) the State has entered into binding commitments to provide assistance in accordance with the requirements of this title of 40 percent of the funds allotted to the State from funds appropriated pursuant to this section; and ``(III) the State has established to the satisfaction of the Administrator that it will enter into binding commitments to provide assistance in accordance with the requirements of this title in an amount equal to the remaining 60 percent of the funds allotted to the State from funds appropriated pursuant to this section within 1 year after the date of such appropriation. ``(2) Waiver of matching fund requirement.--Notwithstanding section 602(b), a State shall not be required to deposit in its State water pollution control revolving fund an amount equal to at least 20 percent of the total amount of capitalization grants made with funds appropriated pursuant to this section. ``(d) Allotment Period.--Notwithstanding section 604(c), sums allotted to a State from funds appropriated pursuant to this section shall be available for obligation by the State in accordance with the time periods set forth in clauses (ii)(II) and (iii)(III) of subsection (c)(1)(B), respectively. The amount of such allotment which is not obligated by the State in accordance with such time periods shall be immediately deposited in the Treasury of the United States. ``(e) Types of Assistance.--In addition to the types of assistance authorized by section 603(d), a State may use not to exceed 50 percent of the funds allotted to it from amounts appropriated pursuant to this section to subsidize not to exceed 90 percent of the principal portion of the amount of debt service required to be paid by an entity referred to in section 603(c) if such principle subsidy will be financed from interest earned on funds allotted to the State from amounts so appropriated, if such debt service is being incurred for a project eligible for assistance under this title, and if the State determines that such entity would be financially unable to carry out such project without such subsidy. ``(f) Authorization of Appropriations.--In addition to funds authorized to be appropriated by section 607, there is authorized to be appropriated to carry out the purposes of this title $3,000,000,000 for fiscal year 1993.''. SEC. 3. SUPPLEMENTAL AUTHORIZATION FOR GRANTS UNDER SECTION 306(a)(2) OF THE CONSOLIDATED FARM AND RURAL DEVELOPMENT ACT. (a) Supplemental Authorization.--In addition to amounts otherwise authorized to be appropriated, there are authorized to be appropriated to the Secretary of Agriculture for grants under section 306(a)(2) of the Consolidated Farm and Rural Development Act not to exceed $300,000,000 for fiscal year 1993. (b) Waiver of Annual Dollar Limitation.--The Secretary of Agriculture may use amounts appropriated pursuant to subsection (a) of this section to make grants under section 306(a)(2) of the Consolidated Farm and Rural Development Act, notwithstanding the dollar limitation specified in such section 306(a)(2). (c) Allocation and Availability of Funds.--All amounts appropriated pursuant to subsection (a) of this section shall be allocated to the States in accordance with section 1940.582 (except subsection (i)) and section 1940.587 (except subsection (i)) of title 7, Code of Federal Regulations (January 1, 1992, edition), and all such amounts shall be available to the Secretary of Agriculture, upon the enactment of this section, for States to obligate on an annual basis. (d) Reserved Funds to be Used for Technical Assistance and Training Grants.--The Secretary of Agriculture shall use the amounts appropriated pursuant to subsection (a) of this section that are reserved pursuant to section 306(a)(16)(C) of the Consolidated Farm and Rural Development Act, for grants under section 306(a)(16)(A) of such Act.

Lowey-DeLauro Emergency Infrastructure Jobs Act - Amends the Federal Water Pollution Control Act to direct the Administrator of the Environmental Protection Agency to make capitalization grants to each State during FY 1993 for an economic stimulus program administered through such State's water pollution control revolving fund program. Authorizes appropriations. Authorizes supplemental appropriations to the Secretary of Agriculture for FY 1993 for grants to States, Indian tribes, and nonprofit entities and agencies for soil conservation and water resources and waste facilities development purposes as specified under the Consolidated Farm and Rural Development Act. Reserves part of such authorized funds for related technical assistance and training grants.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Classroom Safety Act of 2001''. SEC. 2. AMENDMENTS TO THE INDIVIDUALS WITH DISABILITIES EDUCATION ACT. (a) Placement in Alternative Educational Setting.--Section 615(k) of the Individuals with Disabilities Education Act (20 U.S.C. 1415(k)) is amended-- (1) by redesignating paragraph (10) as paragraph (11); and (2) by inserting after paragraph (9) the following: ``(10) Discipline with regard to weapons.-- ``(A) Authority of school personnel.-- Notwithstanding any other provision of this Act, school personnel may discipline (including expel or suspend) a child with a disability who-- ``(i) carries or possesses a weapon to or at a school, on school premises, or to or at a school function, under the jurisdiction of a State or a local educational agency, or ``(ii) possesses or uses illegal drugs, or sells or solicits the sale of a controlled substance while at a school, on school premises, or to or at a school function, under the jurisdiction of a State or a local educational agency, in the same manner in which such personnel may discipline a child without a disability. Such personnel may modify the disciplinary action on a case-by-case basis. ``(B) Rule of construction.--Nothing in subparagraph (A) shall be construed to prevent a child with a disability who is disciplined pursuant to the authority provided under subparagraph (A) from asserting a defense that the carrying or possession of the weapon, or the possession of an illegal drug or sale or solicitation of the sale of a controlled substance, was unintentional or innocent. ``(C) Free appropriate public education.-- ``(i) Ceasing to provide education.-- Notwithstanding section 612(a)(1)(A), a child expelled or suspended under subparagraph (A) shall not be entitled to continue educational services, including a free appropriate public education, under this title, during the term of such expulsion or suspension, if the State in which the local educational agency responsible for providing educational services to such child does not require a child without a disability to receive educational services after being expelled or suspended. ``(ii) Providing education.-- Notwithstanding clause (i), the local educational agency responsible for providing educational services to a child with a disability who is expelled or suspended under subparagraph (A) may choose to continue to provide educational services to such child. If the local educational agency so chooses to continue to provide the services-- ``(I) nothing in this title shall require the local educational agency to provide such child with a free appropriate public education, or any particular level of service; and ``(II) the location where the local educational agency provides the services shall be left to the discretion of the local educational agency. ``(D) Relationship to other requirements.-- ``(i) Plan requirements.--No agency shall be considered to be in violation of section 612 or 613 because the agency has provided discipline, services, or assistance in accordance with this paragraph. ``(ii) Procedure.--Actions taken pursuant to this paragraph shall not be subject to the provisions of this section, other than this paragraph.''. (b) Conforming Amendments.--(1) Section 615(f)(1) of the Individuals with Disabilities Education Act (20 U.S.C. 1415(f)(1)) is amended by striking ``Whenever'' and inserting the following: ``Except as provided in section 615(k)(10), whenever''. (2) Section 615(k)(1)(A)(ii) of the Individuals with Disabilities Education Act (20 U.S.C. 1415(k)(1)(A)(ii)) is amended in the matter preceding subclause (I) by inserting before ``to an appropriate interim educational setting'' the following: ``except as provided in paragraph (10),''.

Classroom Safety Act of 2001 - Amends the Individuals with Disabilities Education Act (IDEA) to authorize school personnel to discipline (including expel or suspend), in the same manner in which such personnel may discipline a child without a disability, any child with a disability who commits specified school-related weapon or drug offenses. (Thus provides an exception to current IDEA procedural safeguards that require placement in an alternative educational setting.)Authorizes such personnel to modify the disciplinary action on a case-by-case basis. Permits assertion of a defense that the offense was committed unintentionally or innocently.Allows the local educational agency (LEA) responsible for providing educational services to a child with a disability who is expelled or suspended under this Act to choose to continue to provide educational services to such child; but specifies that an LEA that so chooses to continue to provide services: (1) is not required by IDEA to provide such child with a free appropriate public education, or any particular level of service; and (2) has discretion as to the location where it provides the services.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Commission on School Finance To Meet the National Education Goals Act''. SEC. 2. FINDINGS. The Congress finds-- (1) State governments have for a long time played the principal role in financing America's education system and historically such role has involved heavy reliance upon locally administered property taxes in conjunction with State prescribed per pupil spending minima, while the Federal Government has been a junior partner in such role, contributing approximately 7 or 8 percent of the amount spent on kindergarten through twelfth grade schooling; (2) the State and local role described in paragraph (1) has traditionally been decentralized; (3) the rapid evolution of an unusually competitive international economy is altering national education needs and the new strategic resource for nations has become the trained intellect of its citizens; (4) the United States is attempting to respond to the challenge described in paragraph (3) by debating and implementing education reform alternatives and setting national education goals; (5) education reforms may have little chance of sustained success and universal achievement of the national education goals may be jeopardized when such reforms are part of a disparate means by which our Nation finances its schools; (6) the means by which United States schools are financed result in-- (A) spending inequality from school-to-school, district-to-district and State-to-State; (B) neglected effectiveness such as finance systems paying little heed to outcomes, accountability, or performance, and seldom is an education attainment target posed regarding desired outcomes or performance incentives; (C) organizational rigidity in which school finance systems are rooted in operational units such as small rural schools, as exemplified by school districts having consolidated in mammoth agencies with cumbersome bureaucratic structures sometimes distant geographically and organizationally from the schools such districts purport to direct; and (D) confusion caused by school finance system accretion and as a consequence intolerable complexity; (7) the entire context in which United States education now operates has been altered in the last 2 decades and expectations for education are higher, and on crucial dimensions, the capacity of schools to respond is lower; and (8) in the absence of alternative school finance mechanisms with adequate and adequately structured resources, the hope of national education goals, national assessments, and a host of other reform alternatives are in jeopardy of foundering on good intentions and rhetoric. SEC. 3. COMMISSION ESTABLISHED. (a) Establishment of the Commission.--There is established as an independent agency in the executive branch a commission to be known as the National Commission on School Finance To Meet the National Education Goals (hereafter in this Act referred to as the ``Commission''). (b) Membership.-- (1) Composition.--The Commission shall be composed of 12 members, of which-- (A) 2 shall be appointed by the President; (B) 2 shall be appointed by the Speaker of the House of Representatives; (C) 3 shall be appointed by the Minority Leader of the House of Representatives; (D) 2 shall be appointed by the Majority Leader of the Senate; and (E) 3 shall be appointed by the Minority Leader of the Senate. (2) Special rule.--The membership of the Commission shall provide the Commission with expertise and experience in the provision and financing of elementary and secondary education, including expertise in elementary and secondary school administration, teaching, State legislation, education economics research, and development of standards and assessments. SEC. 4. DUTIES OF THE COMMISSION. (a) Study.--The Commission shall study what has been learned from the research on innovations in practice that will help further understanding of what will be necessary and what the cost implications are for achieving the national education goals and shall investigate the extent to which-- (1) Federal laws demonstrate a consistent and coherent Federal policy regarding educational access and equity with respect to resources; (2) Federal education laws and regulations promote the stated Federal education policy; (3) there are alternatives to current school finance mechanisms; and (4) schools and States have the capacity to respond financially to the reform demands implied in the national education goals and the consequent objectives. (b) Specific Requirements.--In carrying out its responsibilities under this section, the Commission shall synthesize and evaluate existing information in the following areas: (1) Fiscal capacity.--The fiscal capacity of States and local educational agencies to provide access to high quality education to all students, including synthesizing and evaluating information regarding-- (A) the costs of different ways of providing educational services and the factors that impact student achievement; (B) the impact of socioeconomic status and student- to-teacher ratios, and the effect of such status and ratios on student achievement; (C) all revenue expended in the United States on elementary and secondary education, including revenue from Federal, State, local and private sources; (D) international comparisons of expenditure levels, and intergovernmental financial responsibilities, for public elementary and secondary education; (E) population sparsity and density factors with respect to educational needs and costs; (F) revenue available to all local educational agencies in the United States with respect to property taxes, sales taxes, personal income taxes and lotteries; (G) differences in the costs of providing elementary and secondary education by State, and by local educational agencies within States; (H) the capacity of State school finance systems to provide the resources necessary to achieve the national education goals; and (I) the role of educational technologies in improving cost-effectiveness, program quality and equity. (2) Fiscal effort.--The fiscal effort State and local educational agencies make to provide access to high quality education to all students, including synthesizing and evaluating information regarding-- (A) the variables associated with the willingness of communities to tax themselves to raise education revenues; (B) different teaching compensation policies; and (C) school districts with much higher than average per pupil expenditures and school districts with much lower than average per pupil expenditures both before and after the implementation of equalization measures. (3) Policy.--The impact of Federal, State, and local programs and policies on equalizing access to educational opportunity, including synthesizing and evaluating information regarding-- (A) the relationship between the amount of-- (i) Federal education assistance; and (ii) tax expenditures for equalization of school finance; (B) the costs of Federal or State laws that are not fully funded by the level of government that established such laws; (C) the effect of financial incentives on school performance; (D) the consistency and coherency among-- (i) Federal, State, and local educational equity policies; and (ii) Federal, State, and local laws, regulations and resources; and (E) the effect of Federal education assistance programs and Federal, State, or local tax expenditures on equalization of school finance resources. (4) School finance legislation.--The trends in State school finance legislation and judicial actions. (c) Reports and Recommendations.--The Commission shall prepare and submit to the Congress an interim report within 12 months of the date of enactment of this Act and a final report within 18 months of such date. Such reports shall-- (1) summarize the appropriate findings of the Commission; (2) provide to the Congress a comprehensive analysis of the extent to which a consensus exists regarding the appropriate roles of Federal, State and local government in supporting school and State finance reform; (3) provide an analysis of the resources that will be needed at the school, district and State level to achieve the national education goals; and (4) provide an analysis of the capacity of State school finance systems to provide the resources necessary to meet the national education goals. SEC. 5. ADMINISTRATION OF THE COMMISSION. (a) Rate of Pay.--Members of the Commission who are not full-time officers or employees of the United States and who are not Members of Congress may, while serving on business of the Commission, be compensated at a rate not to exceed the rate specified at the time of such service for level IV of the Executive Schedule as authorized by section 5315 of title 5, United States Code, for each day, or any part of a day, they are engaged in actual performance of Commission duties, including travel time; and while so serving away from their homes or regular places of business, all members of the Commission may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5, United States Code, for persons in government service employed intermittently. (b) Temporary Exemption.--Subject to such rules as may be adopted by the Commission, the Chairperson, 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, shall have the power to-- (1) appoint a Director or Executive Director who shall be paid at a rate not to exceed the rate of basic pay payable for level IV of the Executive Schedule; and (2) appoint and fix the compensation of such other personnel as the Chairperson considers necessary at a rate not to exceed the rate of basic pay payable for level IV of the Executive Schedule. (c) Authority To Contract.--Subject to the Federal Property and Administrative Services Act of 1949, the Commission is authorized to enter into contracts or interagency agreements with Federal and State agencies, private firms, institutions, and individuals for the conduct of activities necessary to the discharge of its duties and responsibilities. (d) Source of Administrative Support.--Financial and administrative support services (including those related to budget and accounting, financial reporting, payroll, and personnel) shall be provided to the Commission by the General Services Administration (or other appropriate organization) for which payment shall be made in advance or by reimbursement from funds of the Commission, in such amounts as may be agreed by the Chairperson of the Commission and the Administrator of General Services. (e) Authority To Hire Experts and Consultants.--The Commission is authorized to procure temporary and intermittent services of experts and consultants as are necessary to the extent authorized by section 3109 of title 5, United States Code, but at rates not to exceed the rate specified at the time of such service for level IV of the Executive Schedule. Experts and consultants may be employed without compensation if they agree to do so in advance. (f) Authority for Detail of Employees.--Upon request of the Commission, the head of any Federal department or agency is authorized to detail on a reimbursable basis, any of the personnel of such department or agency to the Commission to assist the Commission in carrying out its duties under this section. SEC. 6. TERMINATION. The Commission shall terminate 3 years after the first meeting of its members. SEC. 7. DEFINITIONS. For the purpose of this Act-- (1) the term ``elementary school'' has the same meaning given to such term by section 1471(8) of the Elementary and Secondary Education Act of 1965; (2) the term ``local educational agency'' has the same meaning given to such term by section 1471(12) of the Elementary and Secondary Education Act of 1965; (3) the term ``national education goals'' means the national education goals established pursuant to the education summit held in Charlottesville, Virginia in 1989; (4) the term ``secondary school'' has the same meaning given to such term by section 1471(21) of the Elementary and Secondary Education Act of 1965; and (5) the term ``State'' has the same meaning given to such term by section 1471(22) of the Elementary and Secondary Education Act of 1965. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated $5,000,000 for each of the fiscal years 1993, 1994, and 1995 to carry out this Act.

National Commission on School Finance to Meet the National Education Goals Act - Establishes the National Commission on School Finance to Meet the National Education Goals (the Commission), as an independent agency in the executive branch. Directs the Commission to: (1) study and report to the Congress on the research on innovations in practice to determine what will be necessary (including cost implications) to achieve the National Education Goals; (2) investigate the extent to which there is a Federal policy on educational equity of resources, Federal education laws promote such policy, there are alternatives to current school finance mechanisms, and schools and States can finance the reform demands implied in such goals; and (3) synthesize and evaluate existing information in specified areas relating to educational need-analysis, school finance, and educational program and cost data-gathering. Authorizes appropriations.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Railroad Grade Crossing Safety Act of 1994''. SEC. 2. GRADE CROSSING SIGNAL DEVICES. Section 202 of the Federal Railroad Safety Act of 1970 (45 U.S.C. 431) is amended-- (1) by redesignating the subsections after the first subsection (r) as subsections (s), (t), (u), and (v), respectively; and (2) by adding at the end the following new subsection: ``(w) Grade Crossing Signal Devices.--The Secretary shall, within one year after the date of enactment of this subsection, establish nationally uniform standards regarding the allocation of responsibility for selection and installation of signal devices at public railroad- highway grade crossings.''. SEC. 3. STATE HIGHWAY SAFETY MANAGEMENT SYSTEMS. (a) Amendment of Regulations.--The Secretary of Transportation shall conduct a rulemaking proceeding to amend the Secretary's regulations under section 500.407 of title 23, Code of Federal Regulations, to require that each highway safety management system developed, established, and implemented by a State shall, among countermeasures and priorities established under subsection (b)(2) of that section, include-- (1) public railroad-highway grade crossing closure plans that are aimed at eliminating high-risk or redundant crossings (as defined by the Secretary); and (2) railroad-highway grade crossing policies that limit the creation of new at-grade crossings for vehicle or pedestrian traffic, recreational use, or any other purpose. (b) Deadline.--The Secretary of Transportation shall complete the rulemaking proceeding described in subsection (a) and promulgate the required amended regulations, not later than one year after the date of enactment of this Act. SEC. 4. EMERGENCY NOTIFICATION OF GRADE CROSSING PROBLEMS. (a) Toll Free Telephone Number.--The Secretary of Transportation shall establish, not later than one year after the date of enactment of this Act, and thereafter maintain an emergency notification system utilizing a toll free ``800'' telephone number that the public can use to convey to railroads, either directly or through public safety personnel, information about malfunctions or other safety problems at railroad-highway grade crossings. In establishing such emergency notification system, the Secretary may coordinate with, or incorporate components of, existing notification systems. (b) Notices To Public.--Not later than ninety days after the establishment of the emergency notification system described in subsection (a), the Secretary of Transportation shall promulgate regulations requiring railroads with railroad-highway grade crossings to display publicly at each such crossing, in a manner prescribed by the Secretary, information-- (1) describing the emergency notification system; (2) instructing the public how to use the system; (3) stating the toll free telephone number that is available for such use; and (4) specifying the unique number (as assigned by the Secretary) identifying such grade crossing. (c) Treatment in Judicial Proceedings.--A court shall not hold the Secretary of Transportation or any other Federal official or agency, any State or agency or political subdivision of a State, or any railroad liable for damages caused by an action taken under this section or by failure to perform a duty imposed by this section. No evidence may be introduced in a trial or other judicial proceeding that the emergency notification system required by this section exists or is relied upon by any governmental official or entity or any railroad. (d) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary of Transportation for the purpose of carrying out this section $1,000,000 for fiscal year 1995, $500,000 for fiscal year 1996, and $500,000 for fiscal year 1997. (e) Cost Sharing.--At least 30 percent of the cost of establishing and maintaining the emergency notification system required by this section shall be provided from non-Federal sources. SEC. 5. OPERATION LIFESAVER. (a) Authorization of Appropriations.--Of amounts appropriated to the Secretary of Transportation for railroad research and development, there are authorized to be appropriated to the Secretary $300,000 for fiscal year 1995, $500,000 for fiscal year 1996, and $750,000 for fiscal year 1997, to support Operation Lifesaver, Inc. (b) Program Requirements.--The Secretary of Transportation shall not provide financial assistance to Operation Lifesaver, Inc., in excess of $150,000 for any fiscal year unless-- (1) such excess funding is for the development and implementation of a national, multiyear, multimedia public information and law enforcement program for the reduction of fatalities and serious injuries involving railroad-highway grade crossings and trespassing on railroad rights-of-way and property; and (2) at least 30 percent of the costs of developing and implementing such program is provided from non-Federal sources, including States and railroads. SEC. 6. INTELLIGENT VEHICLE-HIGHWAY SYSTEMS. (a) In General.--In implementing the Intelligent Vehicle-Highway Systems Act of 1991 (23 U.S.C. 307 note), the Secretary of Transportation shall ensure that the National Intelligent Vehicle- Highway Systems Program addresses, in a comprehensive and coordinated manner, the use of intelligent vehicle-highway system technologies to promote safety at railroad-highway grade crossings. The Secretary of Transportation shall ensure that two or more operational tests funded under such Act shall promote highway traffic safety and railroad safety. SEC. 7. PENALTIES FOR CERTAIN GRADE CROSSING VIOLATIONS. (a) Motor Vehicle Violations.--The Secretary of Transportation shall, within six months after the date of enactment of this Act, amend regulations-- (1) under the Hazardous Materials Transportation Act (49 App. U.S.C. 1801 et seq.) to prohibit the driver of motor vehicle transporting hazardous materials in commerce, and (2) under the Motor Carrier Safety Act of 1984 (49 App. U.S.C. 2501 et seq.) to prohibit the driver of any commercial motor vehicle, from driving the motor vehicle onto a railroad-highway grade crossing without having sufficient space to drive completely through the crossing without stopping. (b) Vandalism; Trespassing.--Not later than six months after the date of enactment of this Act, the Secretary of Transportation shall amend the Secretary's regulations under section 202 of the Federal Railroad Safety Act of 1970 (45 U.S.C. 431) to make subject to a civil penalty under such Act any person who-- (1) defaces or disables, or commits any other act that adversely affects the function of, any signal system, sign, or device at a grade crossing; or (2) trespasses on a railroad-owned or railroad-leased right-of-way, roadbed, or bridge. SEC. 8. VIOLATION OF GRADE CROSSING LAWS AND REGULATIONS. (a) Federal Regulations.--The Commercial Motor Vehicle Safety Act of 1986 (49 App. U.S.C. 2701 et seq.), as amended by subsection (b) of this section, is further amended by adding at the end the following new section: ``SEC. 12022. VIOLATION OF GRADE CROSSING LAWS AND REGULATIONS. ``(a) Regulations.--The Secretary shall issue regulations establishing sanctions and penalties relating to violations, by persons operating commercial motor vehicles, of laws and regulations pertaining to railroad-highway grade crossings. ``(b) Minimum Requirements.--Regulations issued under subsection (a) shall, at a minimum, require that-- ``(1) any operator of a commercial motor vehicle who is found to have committed a first violation of a law or regulation pertaining to railroad-highway grade crossings shall be disqualified from operating such a vehicle for a period of not less than ninety days and shall be subject to a civil penalty of not less than $1,000; ``(2) any operator of a commercial motor vehicle who is found to have committed a second violation of such a law or regulation shall be disqualified from operating such a vehicle for a period of not less than one year and not more than five years and shall be subject to a civil penalty of not less than $1,000; and ``(3) any employer that knowingly allows, permits, authorizes, or requires an employee to operate a commercial motor vehicle in violation of such a law or regulation shall be subject to a civil penalty of not more than $10, 000. ``(c) Deadline.--The regulations required under subsection (a) shall be issued not later than five years after the date of enactment of this section.''. (b) State Regulations.--Section 12009(a) of the Commercial Motor Vehicle Safety Act of 1986 (49 App. U.S.C. 2708(a)) is amended-- (1) in paragraph (21), by striking ``12020(a)'' and inserting in lieu thereof ``12021(a)''; and (2) by adding at the end the following new paragraph: ``(22) Grade crossing regulations.--The State shall adopt and enforce any regulations issued by the Secretary under section 12022.''. (c) Technical Amendment.--The Commercial Motor Vehicle Safety Act of 1986 (49 App. U.S.C. 2701 et seq.) is amended by redesignating the second section 12020 (as added by section 4009(a) of the Intermodal Surface Transportation Efficiency Act of 1991 (Public Law 102-240; 105 Stat. 2156)) as section 12021. SEC. 9. SAFETY ENFORCEMENT. The National Highway Traffic Safety Administration, and the Office of Motor Carrier Safety within the Federal Highway Administration, shall on a continuing basis cooperate with the National Association of Governors' Highway Safety Representatives, the Commercial Vehicle Safety Alliance, and Operation Lifesaver, Inc., to improve compliance with and enforcement of laws and regulations pertaining to reairoad- highway grade crossings.

Railroad Grade Crossing Safety Act of 1994 - Amends the Federal Railroad Safety Act of 1970 to direct the Secretary of Transportation (Secretary) to establish uniform standards regarding the allocation of responsibility for selection and installation of signal devices at public railroad-highway grade crossings. (Sec. 3) Requires the Secretary to conduct a rulemaking proceeding to require that each State highway safety management system include: (1) public railroad-highway grade crossing closure plans that are aimed at eliminating high-risk or redundant crossings; and (2) railroad-highway grade crossings policies that limit the creation of new at-grade crossings for vehicle or pedestrian traffic, recreational use, or any other purpose. (Sec. 4) Requires the Secretary to establish an emergency "800" telephone number notification system that the public can use to convey to railroads information about malfunctions or other safety problems at such crossings. Prohibits a court from holding the Secretary or other Federal agency, or State or local government agency liable for damages caused by any action or failure to perform a duty under this Act. Authorizes appropriations. (Sec. 5) Authorizes appropriations for Operation Lifesaver, Inc. (Sec. 6) Requires the Secretary to ensure that the National Intelligent Vehicle-Highway Systems Program addresses the use of intelligent vehicle-highway system technologies to promote safety at railroad-highway grade crossings. (Sec. 7) Directs the Secretary to promulgate regulations to prohibit the driver of a motor vehicle transporting hazardous materials in commerce, and of any commercial vehicle, from driving such vehicle onto a railroad-highway crossing without having sufficient space to drive through the crossing without stopping. Sets forth civil penalties for persons who deface signs or devices or who trespass on such crossings. (Sec. 8) Amends the Commercial Motor Vehicle Safety Act of 1986 to require the Secretary to issue regulations establishing sanctions and penalties for persons who operate a commercial motor vehicle and violate laws pertaining to railroad-highway grade crossings. (Sec. 9) Requires the National Highway Traffic Safety Administration, and the Office of Motor Carrier Safety within the Federal Highway Administration, to cooperate with the National Association of Governors' Highway Safety Representatives, the Commercial Vehicle Safety Alliance, and Operation Lifesaver, Inc., to improve enforcement of laws pertaining to railroad-highway grade crossings.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Freedom to Serve Act of 2008''. SEC. 2. FINDINGS. Congress makes the following findings: (1) According to article I, section 8 of the United States Constitution, Congress has the power to raise and support armies and to provide and maintain a navy; and to make all laws necessary and proper to carry out these powers. (2) The First Amendment states: ``Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people to peaceably assemble, and to petition the government for a redress of grievances.''. (3) According to the United States Supreme Court, the right to peaceable assembly is a right similar to those of free speech and free press and is equally essential. (De Jonge v. Oregon). (4) The key word being ``peaceably'', the First Amendment protects peaceful, not violent, assembly and protest. (5) The successful recruiting of men and women to serve in the armed services of the United States is fundamental to the security of the American people. (6) Serving in the military is highly honorable, and often requires great sacrifice and courage by the men and women of our armed services. (7) United States military recruiters have been subject to an escalating number of acts of vandalism and violent protest, including but not limited to: (A) March 2003: Anti-war protestors in Ithaca, NY, target a recruitment center that had been hit before with Molotov cocktails. On St. Patrick's Day, wielding cups of their own blood, they entered a Lansing military recruitment office and splashed their blood over recruiter posters, military cutouts and the American flag. (B) January 20, 2005: At Seattle Central Community College, Army recruiter Sgt. Jeff Due and his colleague Sgt. 1st Class Douglas Washington were hounded by an angry mob of approximately 500 anti-war students. The recruiters' table was destroyed; their handouts, torn apart. Protesters threw water bottles and newspapers at the soldiers. A far-left anti-war group had been agitating to kick the recruiters off campus. The college administration refused to punish the radicals. (C) January 31, 2005: Recruiters in Manhattan reported that a door to their office had been beaten in. Various anti-war symbols were scrawled in red paint on the building. On the same day, New York police arrested a young Manhattan College junior and charged him with throwing a burning rag into an Army recruiting station and ruining the door locks with super glue. (D) February 1, 2005: At a South Toledo, Ohio, recruitment center, protesters hurled manure all over the building. They broke windows and sprayed vulgar graffiti on office property. (E) March 2005: In East Orange, NJ, young anti- military protesters shattered the windows of an Army recruitment station and a neighboring Navy office. (F) March/April 2005: Anti-war protestors at New York's Bronx Community College shut down several military recruitment sessions. At UC Santa Cruz, protestors drove recruiters off campus after an hour- long demonstration of shouting and window banging. (G) May 2005: Student protestors swarmed the booths of the U.S. Army Corps of Engineers and the USAF at a San Francisco State University career fair. In Wisconsin, an Air Force ROTC information day was canceled due to threats by an anti-war group at the University of Wisconsin-Madison. (H) April 2006: UC Santa Cruz students ambushed military recruiters. Vandals at the University of North Carolina at Chapel Hill tossed cans of red paint in front of an ROTC office and spray-painted vulgarities all over its doors. University of Minnesota students splattered red paint all over an Army recruiting station. (I) December 2006: Protesters in Lawrence, Kansas crippled business at an Army/Navy recruitment center, where workers' car tires were slashed and bomb-proof glass had to be installed. (J) January 2007: Pittsburgh protestors shut down a recruitment station for a day, wielding signs calling recruiters ``child predators''. (K) March 2007: Vandals broke into a Milwaukee recruitment station wielding crowbars. (L) July 2007: A protestor in Bremerton, Wash., slashed tires of Army recruiting vehicles to protest the Iraq war because he ``hated the military''. In Maryland, vandals smashed a Rockville Air Force career center. In Lufkin, Texas, Navy recruiters were the targets of vandals who keyed their cars, smashed their windows and shot at their vehicles with ``what appeared to be a high-powered pellet gun''. (M) August 2007: In Stamford, Conn., a protestor twice left a fake bomb package at a military recruitment office. (N) September 2007: An anti-war group calls on followers to commit fraud to interfere with military recruiters. Anti-war protestors shut down the Times Square recruitment station. (O) October 2007: An anti-war group defaces the Berkeley recruitment office. (P) January 2008: Protesters chain themselves to the Berkeley recruiting center to shut it down, and vandalize the windows with bloody handprints and signs branding recruiters ``death pimps''. (Q) February 2008: Vandals trash the recruiting station at 14th and L Streets in Washington, DC, which has been subjected to multiple attacks. (R) March 2008: A bomb goes off at the Times Square recruitment station. (8) In the face of escalating threats against military recruiters and facilities, Congress must take steps to increase protection of military recruiters and those who wish to serve their country in uniform. SEC. 3. INTERFERENCE WITH MILITARY RECRUITING. (a) Offense.--Chapter 67 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 1389. Interfering with military recruiting ``(a) Whoever-- ``(1) by force or threat of force or by physical obstruction, injures, intimidates or interferes with or attempts to injure, intimidate or interfere with any person because that person is or has been providing Federal or State military recruiting services; ``(2) by force or threat of force or by physical obstruction, injures, intimidates or interferes with or attempts to injure, intimidate or interfere with any person lawfully exercising or seeking to exercise their right to inquire about or volunteer for service in the active or reserve armed services of the United States or the National Guard of any State; or ``(3) intentionally damages or destroys the property of a facility, or attempts to do so, because such facility houses or hosts military recruiting services; shall be punished as provided in subsection (b). ``(b) The punishment for an offense under this section is-- ``(1) in the case of a first offense, a fine under this title or imprisonment for not more than one year, or both; and ``(2) in the case of a second or subsequent offense after a prior conviction under this section, a fine under this title or imprisonment for not more than 3 years, or both. ``(c) In this section-- ``(1) the term `facility' includes the building or structure in which recruiting is conducted; ``(2) the term `interfere with' means to restrict any person's ability or freedom to easily enter or leave a recruiting office; ``(3) the term `intimidate' means to place a person in reasonable apprehension of bodily harm to that person or to another; ``(4) the term `physical obstruction' means rendering impassable entrance into or exiting from a facility that provides military recruiting services, or rendering passage to or from such a facility unreasonably difficult or hazardous; ``(5) the term `military recruiting services' means the provision by representatives of the Government or of the armed services, to individuals who might wish to serve in the armed services, of information about military service, assistance in selecting a branch of military service, enlistment information, or any other necessary assistance needed to join the armed services of the United States; and ``(6) the term `State' means a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 67 of title 18, United States Code, is amended by adding at the end the following new item: ``1389. Interfering with military recruiting.''. (c) Direction to Sentencing Commission.--The United States Sentencing Commission, in establishing or amending sentencing guidelines with respect to offenses under the section added to title 18 by this Act, shall consider the threat posed to national security and the national defense by these offenses an aggravating factor so that the base levels for punishment for these offenses is greater than those for otherwise similar offenses.

Freedom to Serve Act of 2008 - Amends the federal criminal code to impose criminal penalties for: (1) using force or the threat of force or physical obstruction to injure, intimidate or interfere with anyone providing federal or state military recruiting services or anyone seeking to inquire about or volunteer for military service in the active or reserve Armed Forces or the National Guard of any state; or (2) intentionally damaging or destroying facilities that house or host military recruiting services.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Save Our Small and Seasonal Businesses Act of 2005''. SEC. 2. NUMERICAL LIMITATIONS ON H-2B WORKERS. (a) In General.--Section 214(g) of the Immigration and Nationality Act (8 U.S.C. 1184(g)) is amended by adding at the end the following: ``(9) An alien counted toward the numerical limitations of paragraph (1)(B) during any one of the 3 fiscal years prior to the submission of a petition for a nonimmigrant worker described in section 101(a)(15)(H)(ii)(b) may not be counted toward such limitation for the fiscal year in which the petition is approved.''. (b) Effective Date.-- (1) In general.--The amendment in subsection (a) shall take effect as if enacted on October 1, 2004, and shall expire on October 1, 2006. (2) Implementation.--Not later than the date of enactment of this Act, the Secretary of Homeland Security shall begin accepting and processing petitions filed on behalf of aliens described in section 101(a)(15)(H)(ii)(b), in a manner consistent with this Act and the amendments made by this Act. SEC. 3. FRAUD PREVENTION AND DETECTION FEE. (a) Imposition of Fee.--Section 214(c) of the Immigration and Nationality Act (8 U.S.C. 1184(c)), as amended by section 426(a) of division J of the Consolidated Appropriations Act, 2005 (Public Law 108-447), is amended by adding at the end the following: ``(13)(A) In addition to any other fees authorized by law, the Secretary of Homeland Security shall impose a fraud prevention and detection fee on an employer filing a petition under paragraph (1) for nonimmigrant workers described in section 101(a)(15)(H)(ii)(b). ``(B) The amount of the fee imposed under subparagraph (A) shall be $150.''. (b) Use of Fees.-- (1) Fraud prevention and detection account.--Subsection (v) of section 286 of the Immigration and Nationality Act (8 U.S.C. 1356), as added by section 426(b) of division J of the Consolidated Appropriations Act, 2005 (Public Law 108-447), is amended-- (A) in paragraphs (1), (2)(A), (2)(B), (2)(C), and (2)(D) by striking ``H1-B and L'' each place it appears; (B) in paragraph (1), as amended by subparagraph (A), by striking ``section 214(c)(12)'' and inserting ``paragraph (12) or (13) of section 214(c)''; (C) in paragraphs (2)(A)(i) and (2)(B), as amended by subparagraph (A), by striking ``(H)(i)'' each place it appears and inserting ``(H)(i), (H)(ii), ''; and (D) in paragraph (2)(D), as amended by subparagraph (A), by inserting before the period at the end ``or for programs and activities to prevent and detect fraud with respect to petitions under paragraph (1) or (2)(A) of section 214(c) to grant an alien nonimmigrant status described in section 101(a)(15)(H)(ii)''. (2) Conforming amendment.--The heading of such subsection 286 is amended by striking ``H1-B and L''. (c) Effective Date.--The amendments made by subsections (a) and (b) shall take effect on October 1, 2005. SEC. 4. SANCTIONS. (a) In General.--Section 214(c) of the Immigration and Nationality Act (8 U.S.C. 1184(c)), as amended by section 3, is further amended by adding at the end the following: ``(14)(A) If the Secretary of Homeland Security finds, after notice and an opportunity for a hearing, a substantial failure to meet any of the conditions of the petition to admit or otherwise provide status to a nonimmigrant worker under section 101(a)(15)(H)(ii)(b) or a willful misrepresentation of a material fact in such petition-- ``(i) the Secretary of Homeland Security may, in addition to any other remedy authorized by law, impose such administrative remedies (including civil monetary penalties in an amount not to exceed $10,000 per violation) as the Secretary of Homeland Security determines to be appropriate; and ``(ii) the Secretary of Homeland Security may deny petitions filed with respect to that employer under section 204 or paragraph (1) of this subsection during a period of at least 1 year but not more than 5 years for aliens to be employed by the employer. ``(B) The Secretary of Homeland Security may delegate to the Secretary of Labor, with the agreement of the Secretary of Labor, any of the authority given to the Secretary of Homeland Security under subparagraph (A)(i). ``(C) In determining the level of penalties to be assessed under subparagraph (A), the highest penalties shall be reserved for willful failures to meet any of the conditions of the petition that involve harm to United States workers. ``(D) In this paragraph, the term `substantial failure' means the willful failure to comply with the requirements of this section that constitutes a significant deviation from the terms and conditions of a petition.''. (b) Effective Date.--The amendment made by subsection (a) shall take effect on October 1, 2005. SEC. 5. ALLOCATION OF H-2B VISAS DURING A FISCAL YEAR. Section 214(g) of the Immigration and Nationality Act (8 U.S.C. 1184(g)), as amended by section 2, is further amended by adding at the end the following new paragraph: ``(10) The numerical limitations of paragraph (1)(B) shall be allocated for a fiscal year so that the total number of aliens who enter the United States pursuant to a visa or other provision of nonimmigrant status under section 101(a)(15)(H)(ii)(b) during the first 6 months of such fiscal year is not more than 33,000.''. SEC. 6. SUBMISSION TO CONGRESS OF INFORMATION REGARDING H-2B NONIMMIGRANTS. Section 416 of the American Competitiveness and Workforce Improvement Act of 1998 (title IV of division C of Public Law 105-277; 8 U.S.C. 1184 note) is amended-- (1) by striking ``Attorney General'' each place that term appears and inserting ``Secretary of Homeland Security''; and (2) by adding at the end the following new subsection: ``(d) Provision of Information.-- ``(1) Quarterly notification.--Beginning not later than March 1, 2006, the Secretary of Homeland Security shall notify, on a quarterly basis, the Committee on the Judiciary of the Senate and the Committee on the Judiciary of House of Representatives of the number of aliens who during the preceding 1-year period-- ``(A) were issued visas or otherwise provided nonimmigrant status under section 101(a)(15)(H)(ii)(b) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(b)); or ``(B) had such a visa or such status expire or be revoked or otherwise terminated. ``(2) Annual submission.--Beginning in fiscal year 2007, the Secretary of Homeland Security shall submit, on an annual basis, to the Committees on the Judiciary of the House of Representatives and the Senate-- ``(A) information on the countries of origin of, occupations of, and compensation paid to aliens who were issued visas or otherwise provided nonimmigrant status under section 101(a)(15)(H)(ii)(b) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(b)) during the previous fiscal year; ``(B) the number of aliens who had such a visa or such status expire or be revoked or otherwise terminated during each month of such fiscal year; and ``(C) the number of aliens who were provided nonimmigrant status under such section during both such fiscal year and the preceding fiscal year. ``(3) Information maintained by state.--If the Secretary of Homeland Security determines that information maintained by the Secretary of State is required to make a submission described in paragraph (1) or (2), the Secretary of State shall provide such information to the Secretary of Homeland Security upon request.''.

Save Our Small and Seasonal Businesses Act of 2005 - Amends the Immigration and Nationality Act to prohibit an alien counted toward the numerical limitation applicable to H-2B nonimmigrants (temporary nonagricultural workers) during any of the three fiscal years prior to submission of an H-2B petition from being counted toward the limitation in the year of petition approval. Makes this provision effective as if enacted on October 1, 2004. Provides for its expiration on October 1, 2006. Requires the Secretary of Homeland Security to impose a fraud prevention and detection fee on employers filing H-2B petitions. Mandates the deposit of such fees into the Fraud Prevention and Detection Account. Authorizes additional penalties for a substantial failure to meet any condition of an H-2B petition or the willful misrepresentation of a material fact in such a petition. Requires the allocation of the numerical limitation on the issuance of H-2B visas (currently, 66,000) such that the total number of H-2B nonimmigrants entering the United States during the first six months of a fiscal year is not more than 33,000. Amends the American Competitiveness and Workforce Improvement Act of 1998 to require the Secretary to submit to the Committees on the Judiciary of the House of Representatives and the Senate information regarding: (1) the numbers of aliens granted H-2B status or terminated from H-2B status, on a quarterly basis; and (2) the countries of origin, occupations of, and compensation paid to aliens granted H-2B status, the number of aliens terminated from such status, and the number of aliens provided such status during both the fiscal year reported and the preceding fiscal year, on an annual basis. Requires the Secretary of State to provide information relevant to such reports.

SECTION 1. RENEWABLE ELECTRICITY INTEGRATION CREDIT. (a) Business Credit.-- (1) In general.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 45S. RENEWABLE ELECTRICITY INTEGRATION CREDIT. ``(a) General Rule.--For purposes of section 38, in the case of an eligible taxpayer, the renewable electricity integration credit for any taxable year is an amount equal to the product of-- ``(1) the intermittent renewable portfolio factor of such eligible taxpayer, and ``(2) the number of kilowatt hours of renewable electricity-- ``(A) purchased or produced by such taxpayer, and ``(B) sold by such taxpayer to a retail customer during the taxable year. ``(b) Intermittent Renewable Portfolio Factor.-- ``(1) Years before 2017.--In the case of taxable years beginning before January 1, 2017, the intermittent renewable portfolio factor for an eligible taxpayer shall be determined as follows: ---------------------------------------------------------------------------------------------------------------- ``In the case of an eligible taxpayer whose intermittent For taxable years beginning before For taxable years beginning in or renewable electricity percentage 2012, the intermittent renewable after 2012, the intermittent is: portfolio factor is: renewable portfolio factor is: ---------------------------------------------------------------------------------------------------------------- Less than 4 percent............... zero cents zero cents At least 4 percent but less than 8 0.1 cents zero cents percent.......................... At least 8 percent but less than 0.2 cents 0.2 cents 12 percent....................... At least 12 percent but less than 0.3 cents 0.3 cents 16 percent....................... At least 16 percent but less than 0.4 cents 0.4 cents 20 percent....................... At least 20 percent but less than 0.5 cents 0.5 cents 24 percent....................... Equal to or greater than 24 0.6 cents 0.6 cents. percent.......................... ---------------------------------------------------------------------------------------------------------------- ``(2) Years after 2016.--In the case of taxable years beginning after December 31, 2016, the intermittent renewable portfolio factor for an eligible taxpayer shall be determined as follows: ---------------------------------------------------------------------------------------------------------------- ``In the case of an eligible taxpayer whose intermittent For taxable years beginning before For taxable years beginning in or renewable electricity percentage 2019, the intermittent renewable after 2019, the intermittent is: portfolio factor is: renewable portfolio factor is: ---------------------------------------------------------------------------------------------------------------- Less than 10 percent.............. zero cents zero cents At least 10 percent but less than 0.2 cents zero cents 12 percent....................... At least 12 percent but less than 0.3 cents 0.15 cents 16 percent....................... At least 16 percent but less than 0.4 cents 0.4 cents 20 percent....................... At least 20 percent but less than 0.5 cents 0.5 cents 24 percent....................... Equal to or greater than 24 0.6 cents 0.6 cents. percent.......................... ---------------------------------------------------------------------------------------------------------------- ``(c) Definitions and Special Rules.--For purposes of this section-- ``(1) Eligible taxpayer.--The term `eligible taxpayer' means an electric utility (as defined in section 3(22) of the Federal Power Act, 16 U.S.C. 796(22)). ``(2) Renewable electricity.--The term `renewable electricity' means electricity generated by-- ``(A) any facility using wind to generate such electricity, ``(B) any facility using solar energy to generate such electricity, or ``(C) any facility using any other intermittent renewable energy source which the Secretary of Energy determines has a capacity factor of less than 50 percent on an annual basis. ``(3) Intermittent renewable electricity percentage.--The term `intermittent renewable electricity percentage' means the percentage of an eligible taxpayer's total sales of electricity to retail customers that is derived from renewable electricity (determine without regard to whether such electricity was produced by the taxpayer). ``(4) Application of other rules.--For purposes of this section, rules similar to the rules of paragraphs (1), (3), and (5) of section 45(e) shall apply. ``(5) Credit allowed only with respect to 1 eligible entity.--No credit shall be allowed under subsection (a) with respect to renewable electricity purchased from another eligible entity if a credit has been allowed under this section or a payment has been made under section 6433 to such other eligible entity. ``(d) Credit Disallowed Unless Credit Passed to Third Party Generators Charged for Integration Costs.-- ``(1) In general.--In the case of renewable electricity eligible for the credit under subsection (a) that is purchased and not produced by an eligible taxpayer, no credit shall be allowed unless any charge the taxpayer has assessed the seller to recover the integration costs associated with such electricity has been reduced (but not below zero) to the extent of the credit received under subsection (a) associated with such electricity. ``(2) Definitions.--For purposes of paragraph (1), charges intended to recover integration costs do not include amounts paid by the producer of the electricity for interconnection facilities, distribution upgrades, network upgrades, or stand alone network upgrades as those terms have been defined by the Federal Energy Regulatory Commission in its Standard Interconnection Procedures. ``(e) Coordination With Payments.--The amount of the credit determined under this section with respect to any electricity shall be reduced to take into account any payment provided with respect to such electricity solely by reason of the application of section 6433.''. (2) Credit made part of general business credit.-- Subsection (b) of section 38 of the Internal Revenue Code of 1986 is amended by striking ``plus'' at the end of paragraph (35), by striking the period at the end of paragraph (36) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(37) the renewable electricity integration credit determined under section 45S(a).''. (3) Specified credit.--Subparagraph (B) of section 38(c)(4) of the Internal Revenue Code of 1986 is amended by redesignating clauses (vii) through (ix) as clauses (viii) through (x), respectively, and by inserting after clause (v) the following new clause: ``(vi) the credit determined under section 45S.''. (4) Clerical amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: ``Sec. 45S. Renewable electricity integration credit.''. (b) Payments in Lieu of Credit.-- (1) In general.--Subchapter B of chapter 65 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 6433. RENEWABLE ELECTRICITY INTEGRATION PAYMENTS. ``(a) In General.--If any eligible person sells renewable electricity to a retail customer, the Secretary shall pay (without interest) to any such person who elects to receive a payment an amount equal to the product of-- ``(1) the intermittent renewable portfolio factor of such eligible person, and ``(2) the number of kilowatt hours of renewable electricity-- ``(A) purchased or produced by such person, and ``(B) sold by such person in the trade or business of such person to a retail customer. ``(b) Timing of Payments.-- ``(1) In general.--Except as provided in paragraph (2), rules similar to the rules of section 6427(i)(1) shall apply for purposes of this section. ``(2) Quarterly payments.-- ``(A) In general.--If, at the close of any quarter of the taxable year of any person, at least $750 is payable in the aggregate under subsection (a), to such person with respect to electricity purchased or produced during-- ``(i) such quarter, or ``(ii) any prior quarter (for which no other claim has been filed) during such taxable year, a claim may be filed under this section with respect to such electricity. ``(B) Time for filing claim.--No claim filed under this paragraph shall be allowed unless filed on or before the last day of the first quarter following the earliest quarter included in the claim. ``(c) Definitions and Special Rules.--For purposes of this section-- ``(1) Eligible person.--The term `eligible person' means an electric utility (as defined in section 3(22) of the Federal Power Act, 16 U.S.C. 796(22)). ``(2) Other definitions.--Any term used in this section which is also used in section 45S shall have the meaning given such term under section 45S. ``(3) Application of other rules.--For purposes of this section, rules similar to the rules of paragraphs (1) and (3) of section 45(e) shall apply. ``(d) Payment Disallowed Unless Amount Passed to Third Party Generators Charged for Integration Costs.-- ``(1) In general.--In the case of renewable electricity eligible for the payment under subsection (a) that is purchased and not produced by an eligible person, no payment shall be made under this section unless any charge the eligible person has assessed the seller to recover the integration costs associated with such electricity has been reduced (but not below zero) to the extent of the payment received under subsection (a) associated with such electricity. ``(2) Definitions.--For purposes of paragraph (1), charges intended to recover integration costs do not include amounts paid by the producer of the electricity for interconnection facilities, distribution upgrades, network upgrades, or stand alone network upgrades as those terms have been defined by the Federal Energy Regulatory Commission in its Standard Interconnection Procedures.''. (2) Clerical amendment.--The table of sections for subpart B of chapter 65 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: ``Sec. 6433. Renewable electricity integration payments.''. (c) Effective Date.--The amendments made by this section shall apply to electricity produced or purchased after December 31, 2009.

Amends the Internal Revenue Code to allow an electric utility: (1) a renewable electricity integration tax credit for the purchase or production of renewable power, or (2) a payment in lieu of such credit for sales of renewable electricity to retail customers.

SECTION 1. FINDINGS. Congress finds the following: (1) Radio Free Asia (in this Act referred to as ``RFA'')-- (A) was authorized under section 309 of the United States International Broadcasting Act of 1994 (22 U.S.C. 6208); (B) was incorporated as a private, nonprofit corporation in March 1996 in the hope that its operations would soon be obviated by the global advancement of democracy; and (C) is headquartered in Washington, DC, with additional offices in Bangkok, Hong Kong, Phnom Penh, Seoul, Ankara, Taipei, and Dharamsala. (2) RFA acts as a ``surrogate'' news service, in which its broadcasts serve as substitutes for indigenous free media in regions lacking free media outlets. (3) The mission of RFA is ``to provide accurate and timely news and information to Asian countries whose governments prohibit access to a free press'' in order to enable informed decisionmaking by the people within Asia. (4) The ``surrogate'' broadcasting model was used effectively in Eastern Europe, helping to inspire democrats and create space for civil society. (5) RFA provides daily broadcasts of news, commentary, analysis, and cultural programming to Asian countries in several of the region's languages. (6) The governments of the countries targeted for these broadcasts have actively sought to block RFA's transmissions. (7) RFA has provided continuous online news to its Asian audiences since 2004, although some countries-- (A) routinely and aggressively attempt to block RFA's website; (B) monitor access to RFA's website; and (C) discourage online users by making it illegal to access RFA's website. (8) Despite these attempts, RFA has managed to reach its online audiences through proxies, cutting-edge software, and active republication and repostings by its audience. (9) RFA also provides forums for local opinions and experiences through message boards, podcasts, web logs (blogs), cell phone-distributed newscasts, and new media, including Facebook, Flickr, Twitter, and YouTube. (10) Freedom House has documented that freedom of the press is in decline in nearly every region of the world, particularly in Asia, where none of the countries served by RFA have increased their freedom of the press during the past five years. (11) Independent media sources are nonexistent or severely restrained in their operations in these areas where the press often serves as a means to promote the government's agenda. (12) Congress currently provides grant funding for RFA's operations on a fiscal year basis. (13) RFA's sunset provision has hampered its operations, such as hiring staff and negotiating cost effective lease and capital agreements. SEC. 2. SENSE OF CONGRESS. It is the sense of Congress that-- (1) public access to timely, uncensored, and accurate information is imperative for achieving government accountability, the protection of human rights, and the promotion of democratic values and institutions; (2) Radio Free Asia provides a vital and unique voice to people in Asia; (3) in the 14 years since RFA was established, freedom of the press in Asia has come under intensified attack; (4) some of the governments in Asia spend millions of dollars each year to jam RFA's broadcasts, block its Internet sites, and illegally access RFA's computer networks and user files; (5) the United States should continue to support RFA and the other entities overseen by the Broadcasting Board of Governors for-- (A) Internet censorship circumvention; and (B) enhancement of their cyber security efforts; and (6) permanently authorizing funding for Radio Free Asia would-- (A) reflect the concern that media censorship and press restrictions in the countries served by RFA have increased since RFA was established; (B) send a powerful signal of United States support for a free press in Asia and throughout the world; and (C) enhance the efficiency of RFA's operations. SEC. 3. PERMANENT AUTHORIZATION FOR RADIO FREE ASIA. Section 309 of the United States International Broadcasting Act of 1994 (22 U.S.C. 6208) is amended-- (1) in subsection (c)(2), by striking ``, and shall further specify that funds to carry out the activities of Radio Free Asia may not be available after September 30, 2010''; (2) by striking subsection (f); and (3) by redesignating subsections (g) and (h) as subsection (f) and (g), respectively.

Amends the United States International Broadcasting Act of 1994 to make permanent the authority of the Broadcasting Board of Governors to make grants to operate Radio Free Asia.

SECTION 1. FINDINGS. Congress finds the following: (1) John Walsh, host of the television program ``America's Most Wanted'', has dedicated his life to the pursuit and apprehension of felons and fugitives who have committed murder, rape, robbery, kidnaping, pedophilia, and other atrocious crimes against the citizens of the United States. (2) In doing so, John Walsh has sacrificed his own personal safety and freedom for the good of all citizens of the United States. (3) On July 27, 1981, Adam Walsh, the 6-year-old son of John Walsh, was abducted and brutally murdered. (4) John Walsh and his family have never obtained closure for this heinous crime, because no person was ever charged with the crime and the prime suspect ultimately died in prison. (5) After the death of his son, John Walsh became a tireless advocate for victims' rights. (6) John Walsh has testified more than 35 times before the Congress in support of legislation, and his efforts led to the passage in 1982 of the Missing Children Act and in 1984 of the Missing Children's Assistance Act, which established the National Center for Missing and Exploited Children. (7) John Walsh has lobbied for a constitutional amendment that would secure victims' rights. (8) John Walsh, not ceasing his dedication to the safety and welfare of children with the enactment of new protective statutes, established a public information television program, ``America's Most Wanted'', to expose the criminal activity of various fugitives throughout the United States and abroad. (9) Four days after the debut of the program, on February 11, 1988, the Federal Bureau of Investigation announced the capture in New York City of one of its 10 Most Wanted fugitives, David James Roberts, as a direct result of tips from viewers of the program. (10) On May 29, 1988, the Director of the Federal Bureau of Investigation, William Sessions, appeared on ``America's Most Wanted'' to announce the addition of 3 new fugitives to the Federal Bureau of Investigation's 10 Most Wanted list, one of whom was captured within 24 hours after the announcement. (11) On July 17, 1988, Robert Wayne Fisher, a fugitive wanted for the murder of his wife, was captured just 33 minutes after John Walsh profiled him on ``America's Most Wanted''. (12) On May 7, 1989, John Walsh facilitated the capture of a New Jersey mass murderer who had been at large for nearly 18 years. (13) On January 20, 2001, John Walsh profiled 7 escapees from a maximum security prison in Texas, known as the ``Texas Seven'', on ``America's Most Wanted'', which led to the apprehension of 5 of the escapees 2 days later and the 2 remaining fugitives the following day. (14) John Walsh profiled 2,034 fugitives from justice on ``America's Most Wanted'' as of December 3, 1998, 1,177 of whom have been captured, including 647 who were captured as a direct result of being profiled. (15) On May 10, 1990, John Walsh and ``America's Most Wanted'' for the first time helped recover a missing child, Nicole Ravesi, and aided in the arrest of her abductor, Kenneth Cole. (16) In all, John Walsh has profiled 465 cases involving missing or kidnapped persons, 30 of whom have been reunited with their families. (17) John Walsh has profiled 285 criminal suspects whose identities were unknown to law enforcement officials, and 6 of the suspects have been identified as a result of being profiled. (18) At the request of law enforcement officials, John Walsh has also profiled 35 unidentified victims of foul play, and 2 of the victims have been identified as a result of being profiled. (19) The outstanding contributions of John Walsh to crime victims and the law enforcement community have come at no cost to the taxpayers of the United States. (20) John Walsh, through ``America's Most Wanted'' and through other endeavors, continues to serve law enforcement officials and crime victims through his unfailing dedication to pursuing and capturing dangerous fugitives, protecting the safety of children, and bringing closure to victims of crime in the United States. SEC. 2. CONGRESSIONAL GOLD MEDAL. (a) Presentation Authorized.--The President is authorized to present, on behalf of the Congress, a gold medal of appropriate design to John Walsh in recognition of his outstanding and enduring contributions to the Nation through his work in the fields of law enforcement and victims' rights. (b) Design and Striking.--For the purpose of the presentation referred to in subsection (a), the Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall strike a gold medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary. SEC. 3. DUPLICATE MEDALS. Under such regulations as the Secretary may prescribe, the Secretary may strike and sell duplicates in bronze of the gold medal struck under section 2 at a price sufficient to cover the cost of the bronze medals (including labor, materials, dies, use of machinery, and overhead expenses) and the cost of the gold medal. SEC. 4. NATIONAL MEDALS. The medals struck under this Act are national medals for purposes of chapter 51 of title 31, United States Code. SEC. 5. FUNDING AND PROCEEDS OF SALE. (a) Authorization.--There is authorized to be charged against the United States Mint Public Enterprise Fund an amount not to exceed $30,000 to pay for the cost of the medals authorized by this Act. (b) Proceeds of Sale.--Amounts received from the sale of duplicate bronze medals under section 3 shall be deposited in the United States Mint Public Enterprise Fund.

Authorizes the President to present, on behalf of the Congress, a congressional gold medal to John Walsh in recognition of his outstanding and enduring contributions to the Nation through his work in the fields of law enforcement and victims' rights.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Pension Accessibility Act of 1999''. SEC. 2. REDUCED PBGC PREMIUM FOR NEW PLANS OF SMALL EMPLOYERS. (a) In General.--Subparagraph (A) of section 4006(a)(3) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1306(a)(3)(A)) is amended-- (1) in clause (i), by inserting ``other than a new single- employer plan (as defined in subparagraph (F)) maintained by a small employer (as so defined),'' after ``single-employer plan,'', (2) in clause (iii), by striking the period at the end and inserting ``, and'', and (3) by adding at the end the following new clause: ``(iv) in the case of a new single-employer plan (as defined in subparagraph (F)) maintained by a small employer (as so defined) for the plan year, $5 for each individual who is a participant in such plan during the plan year.''. (b) Definition of New Single-Employer Plan.--Section 4006(a)(3) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1306(a)(3)) is amended by adding at the end the following new subparagraph: ``(F)(i) For purposes of this paragraph, a single-employer plan maintained by a contributing sponsor shall be treated as a new single- employer plan for each of its first 5 plan years if, during the 36- month period ending on the date of the adoption of such plan, the sponsor or any member of such sponsor's controlled group (or any predecessor of either) had not established or maintained a plan to which this title applies with respect to which benefits were accrued for substantially the same employees as are in the new single-employer plan. ``(ii)(I) For purposes of this paragraph, the term `small employer' means an employer which on the first day of any plan year has, in aggregation with all members of the controlled group of such employer, 100 or fewer employees. ``(II) In the case of a plan maintained by two or more contributing sponsors that are not part of the same controlled group, the employees of all contributing sponsors and controlled groups of such sponsors shall be aggregated for purposes of determining whether any contributing sponsor is a small employer.''. (c) Effective Date.--The amendments made by this section shall apply to plans established after December 31, 2000. SEC. 3. REDUCTION OF ADDITIONAL PBGC PREMIUM FOR NEW AND SMALL PLANS. (a) New Plans.--Subparagraph (E) of section 4006(a)(3) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1306(a)(3)(E)) is amended by adding at the end the following new clause: ``(v) In the case of a new defined benefit plan, the amount determined under clause (ii) for any plan year shall be an amount equal to the product of the amount determined under clause (ii) and the applicable percentage. For purposes of this clause, the term `applicable percentage' means-- ``(I) 0 percent, for the first plan year. ``(II) 20 percent, for the second plan year. ``(III) 40 percent, for the third plan year. ``(IV) 60 percent, for the fourth plan year. ``(V) 80 percent, for the fifth plan year. For purposes of this clause, a defined benefit plan (as defined in section 3(35)) maintained by a contributing sponsor shall be treated as a new defined benefit plan for its first 5 plan years if, during the 36-month period ending on the date of the adoption of the plan, the sponsor and each member of any controlled group including the sponsor (or any predecessor of either) did not establish or maintain a plan to which this title applies with respect to which benefits were accrued for substantially the same employees as are in the new plan.''. (b) Small Plans.--Paragraph (3) of section 4006(a) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1306(a)) is amended-- (1) by striking ``The'' in subparagraph (E)(i) and inserting ``Except as provided in subparagraph (G), the'', and (2) by inserting after subparagraph (F) the following new subparagraph: ``(G)(i) In the case of an employer who has 25 or fewer employees on the first day of the plan year, the additional premium determined under subparagraph (E) for each participant shall not exceed $5 multiplied by the number of participants in the plan as of the close of the preceding plan year. ``(ii) For purposes of clause (i), whether an employer has 25 or fewer employees on the first day of the plan year is determined taking into consideration all of the employees of all members of the contributing sponsor's controlled group. In the case of a plan maintained by two or more contributing sponsors, the employees of all contributing sponsors and their controlled groups shall be aggregated for purposes of determining whether 25-or-fewer-employees limitation has been satisfied.''. (c) Effective Dates.-- (1) Subsection (a).--The amendments made by subsection (a) shall apply to plans established after December 31, 2000. (2) Subsection (b).--The amendments made by subsection (b) shall apply to plan years beginning after December 31, 2000.

Provides for reductions of additional PBGC premiums for new and small defined benefit plans.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Transform America Transaction Fee of 2004''. SEC. 2. FINDINGS. The Congress finds the following: (1) An effective stimulus plan meets the criteria of job creation, fiscal responsibility, fairness, targeting of unmet needs, tax reform and revenue sharing. (2) Economic viability is inexorably linked to the rate of economic growth. (3) The current tax structure creates economic distortions that limit growth and job creation. (4) The cost of compliance to taxpayers is five billion hours and approximately $200 billion. (5) The tax code produces inefficiency in revenue raising that forces the nation to struggle unnecessarily under the burden of unequal and inadequate systems of public education and health care, a crumbling physical and social services infrastructure, and a crushing national debt. (6) Restructuring the tax code would promote economic prosperity. (7) Replacing existing Federal taxes with a fee on transactions eliminates systemic inefficiency that plagues the current tax code. (8) Implementing a transaction fee would allow businesses to undertake projects that were not profitable in the past and workers would be more willing to supply labor than before. (9) Responsible tax reform is necessary for all to enjoy financial security, economic prosperity, educational opportunities, and affordable health care. (10) Therefore, it is necessary for the Department of the Treasury to conduct a transaction fee and implementation feasibility study to achieve these stated goals. SEC. 3. STUDY ON THE IMPLEMENTATION OF A TRANSACTION FEE. (a) In General.--The Secretary of the Treasury shall conduct an in- depth study on the implementation of a transaction tax in the United States. In particular, such study shall include a detailed feasibility and impact analysis of the proposal outlined in subsection (b) (as well as an implementation/action plan) to replace all existing Federal taxes with a per transaction fee based on the value of the transaction. (b) Transaction Tax Proposal.-- (1) In general.--The fee under the proposal would apply to all cash and non-cash transactions (including checks, credit cards, transfers of stocks, bonds, and other financial instruments). (2) Exclusions.--The fee would not apply to-- (A) cash transactions of less than $500, and (B) salaries and wages by employers to employees. (3) Cash withdrawals from financial institutions.--The fee under the proposal would apply to cash withdrawals from financial institutions and be set at a rate that is either double or higher than the standard transaction fee. (4) Fee rate.-- (A) In general.--The fee rate is set at a level sufficient to generate revenues equal to revenues under the Internal Revenue Code of 1986. (B) Other potential uses of fee.--The fee rate could be structured to cover 1 or more of the following: (i) A national debt reduction plan requiring elimination of the current national debt of $6.846 trillion over a period of 10 years, with equal annual payments. (ii) A Federal revenue sharing program providing funding to States to support 50% of the K-16 education costs of each State which agrees to adopt an equitable public school finance system. (iii) A Federal program providing health care insurance coverage (for the current estimated 43 million uninsured Americans) which is comparable to the Federal employee benefit program or Medicare. (iv) A Federal revenue sharing program supporting community and economic development investments in high poverty rural and urban areas at a level equal to 10% of current Federal tax revenues. (5) Progressivity.--The base standard transaction fee shall not be greater than 1% for all noncash transactions under $500. If more revenues are needed to meet the requirements of paragraph (4), the Secretary of the Treasury would calculate the minimum level of progressivity required to cover these costs. This progressivity factor may include-- (A) a higher transaction fee for all transactions above $500, and (B) a progressive schedule of rates to tiered ranges of transactions above $500. (6) General provisions.-- (A) Liability for fee.--Persons become liable for the fee at the moment the person exercises control over a piece of property or service, regardless of the payment method. (B) Collection.--The fees will be collected by the seller or financial institution servicing the transaction. (c) Report of Study.-- (1) In general.--The results of the study shall be submitted to the Congress by the Secretary of the Treasury in a comprehensive analytical report, detailing-- (A) the methodology employed in the calculation of the fee rate, (B) the factors considered in assessing feasibility of the proposed revenue generating system and the weight applied to each, and (C) the portion of the transaction fee attributable to each of the programs identified in paragraph (3)(B) and the methodology used to calculate each. (2) Other requirements.--The study shall (in the following order)-- (A) compute the fee needed to meet current revenue generation, (B) compute the fee needed to meet revenue neutrality and generate additional revenue to support the program described in paragraph (3)(B)(i) (relating to national debt reduction plan), (C) compute the fee needed to meet revenue neutrality and generate additional revenue to support all the programs described in paragraph (3)(B), and (D) determine the utility of pegging changes in the transaction fee schedule of rates to the rate of inflation. (3) Comparative analysis.--The study shall include a comparative analysis of the existing revenue-raising system versus the proposed fee-based system on economic behavior. The study shall include an analysis of effect of the 2 systems on-- (A) job creation, (B) economic growth, (C) consumption, (D) investments, and (E) savings levels. (4) Types of transactions.--The study shall include a broad-based examination of all types and categories of transactions, including information on frequency and value of transactions in each category. (5) Impact of exemptions.--The study shall examine the impact of the transaction fee exemption for all cash transactions under $500. (6) Program operations.--The study shall provide instructions on program operations, including-- (A) transaction fee collection, (B) transaction fee implementation, and (C) transaction fee compliance, enforcement, and administrative costs. (7) Fee as tool of fiscal policy.--The study shall assess the transaction fee as a tool of Federal fiscal policy, including an impact analysis on the elimination or retention of existing tax expenditures, incentives, penalties, and credits. The study should also research and comment on options for rebating citizens currently not subject to Federal income taxes and/or other current aspects of the Federal tax code (i.e. the earned income credit, the alternative minimum tax, and the child tax credit). (8) Impact of fee by income levels.--The study shall include an assessment of the impact of the transaction fee by quartile income levels. (9) Implementation plan.--The study shall include a detailed action plan on how best to implement a transaction tax in the United States and shall include-- (A) information on timeline, agency reform, potential pertinent regulatory issues, and type of congressional action needed, and (B) an examination of the feasibility of modifying the overall mission and jurisdiction of the Internal Revenue Service from one focused on tax law application to one focused on uncovering and eliminating waste, fraud, and abuse throughout the Federal Government. (d) Due Date.--The report of the study shall be submitted to the Congress not later than 1 year after enactment of this Act.

Transform America Transaction Fee of 2004 - Directs the Secretary of the Treasury to conduct an in-depth study on the implementation of a transaction tax in the United States, including a detailed feasibility and impact analysis of, and an implementation/action plan for, a proposal to replace all existing Federal taxes with a per transaction fee based on the value of the transaction.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Waco Mammoth National Monument Establishment Act of 2009''. SEC. 2. FINDINGS. Congress finds that-- (1) the Waco Mammoth Site area is located near the confluence of the Brazos River and the Bosque River in Central Texas, near the city of Waco; (2) after the discovery of bones emerging from eroding creek banks leading to the uncovering of portions of 5 mammoths, Baylor University began investigating the site in 1978; (3) several additional mammoth remains have been uncovered making the site the largest known concentration of mammoths dying from the same event; (4) the mammoth discoveries have received international attention; and (5) Baylor University and the City of Waco, Texas, have been working together-- (A) to protect the site; and (B) to develop further research and educational opportunities at the site. SEC. 3. DEFINITIONS. In this Act: (1) City.--The term ``City'' means the city of Waco, Texas. (2) Management plan.--The term ``management plan'' means the management plan for the Monument prepared under section 5(c)(1). (3) Map.--The term ``map'' means the map entitled ``[_____]'', numbered ``[____]'', and dated ``[____]''. (4) Monument.--The term ``Monument'' means the Waco Mammoth National Monument established by section 4(a). (5) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (6) State.--The term ``State'' means the State of Texas. (7) University.--The term ``University'' means Baylor University in the State. SEC. 4. WACO MAMMOTH NATIONAL MONUMENT, TEXAS. (a) Establishment.--There is established in the State, as a unit of the National Park System, the Waco Mammoth National Monument, as generally depicted on the map. (b) Availability of Map.--The map shall be on file and available for public inspection in the appropriate offices of the National Park Service. SEC. 5. ADMINISTRATION OF MONUMENT. (a) In General.--The Secretary shall administer the Monument in accordance with-- (1) this Act; (2) any cooperative agreements entered into under subsection (b)(1); and (3) the laws (including regulations) generally applicable to units of the National Park System, including the National Park Service Organic Act (16 U.S.C. 1 et seq.). (b) Authorities of Secretary.-- (1) Cooperative agreements.--The Secretary may enter into cooperative management agreements with the University and the City, in accordance with section 3(l) of Public Law 91-383 (16 U.S.C. 1a-2(l)). (2) Acquisition of land.-- (A) In general.--The Secretary may acquire from willing sellers any land or interest in land within the proposed boundary of the Monument that is necessary for effective management of the Monument. (B) Method of acquisition.-- (i) In general.--The land described in subparagraph (A) may be acquired by donation, purchase with donated or appropriated funds, transfer from another Federal agency, or exchange. (ii) State land.--Land or interests in land owned by the State or a political subdivision of the State may only be acquired by donation or exchange. (3) Construction of facilities on non-federal land.-- (A) In general.--The Secretary may, subject to the availability of appropriations, construct essential administrative or visitor use facilities on non-Federal land within the boundary of the Monument. (B) Donations.--In addition to the use of Federal funds authorized under subparagraph (A), the Secretary may use donated funds, property, and services to carry out that subparagraph. (c) General Management Plan.-- (1) In general.--Not later than 3 years after the date on which funds are made available to carry out this Act, the Secretary, in consultation with the University and the City, shall complete a general management plan for the Monument. (2) Inclusions.--The management plan shall include, at a minimum-- (A) measures for the preservation of the resources of the Monument; (B) requirements for the type and extent of development and use of the Monument; (C) identification of the capacity of the Monument for accommodating visitors; and (D) opportunities for involvement by the University, City, State, and other local and national entities in-- (i) developing educational programs for the Monument; and (ii) developing and supporting the Monument. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as are necessary to carry out this Act.

Waco Mammoth National Monument Establishment Act of 2009 - Establishes in Texas, as a unit of the National Park System, the Waco Mammoth National Monument. Authorizes the construction of essential administrative or visitor use facilities on non-federal land within the boundary of the Monument. Requires the Secretary of the Interior, in consultation with Baylor University and the city of Waco, to complete a general management plan for the Monument.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Care for Life Act''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Purpose; findings. TITLE I--PREGNANCY AND PARENTING SUPPORT SERVICES Sec. 101. Pregnancy and parenting support services. Sec. 102. Incentives for Workplace Solutions Awareness Campaign. TITLE II--DEPARTMENT OF EDUCATION Sec. 201. Sense of Congress. Sec. 202. Fund for the improvement of postsecondary educational establishments. SEC. 2. PURPOSE; FINDINGS. (a) Purpose.--This Act seeks to achieve a consistent standard of informing newly pregnant women of all services and support that are available to them and to ensure that such women are not abandoned. Women at the point of learning about an unplanned pregnancy often ask themselves what society will to do support them. A myriad of services and support is available, but often pregnant women, and even providers, are unaware of such services and support. The purpose of this Act is to ensure that newly pregnant women are aware of all the services and support that are available to them and this Act furthers the authority to make specialized grants in this regard. (b) Findings.--The Congress finds as follows: (1) Many women do not know where to turn for available assistance during pregnancy, childbirth, and child-rearing, particularly when facing financial, social, emotional, and other life challenges. (2) Women who are pregnant and in fear of being abandoned during pregnancy should have access to available local, State, and Federal governmental, as well as civil society, pregnancy and parenting resources. (3) In a study of how women in the United States face challenging circumstances during pregnancy that affect a woman's willingness to carry a child to term, research shows that of women who do not carry their child to term-- (A) 44 percent are college-aged; (B) 61 percent have at least one child; (C) 69 percent are facing economic challenges; (D) 75 percent feel they cannot afford a child; and (E) 75 percent say that having a baby would interfere with work, school, or the ability to care for other dependents. (4) When a woman discovers she is pregnant while facing physical, financial, social, emotional, and other life challenges, the people around her can help to mitigate anxiety in the face of uncertainty by providing practical support with day-to-day needs associated with pregnancy, birth, and motherhood, particularly in the context of her concerns about-- (A) family, paternity, and community support during pregnancy and following the birth of a child or children; (B) securing opportunities that a woman may require, including the completion of education that leads to employment; and (C) workplaces that accommodate pregnant and parenting women. (5) Often pregnant women are unaware of the support that may be available to them from private and public sources at the local, State, and national levels. TITLE I--PREGNANCY AND PARENTING SUPPORT SERVICES SEC. 101. PREGNANCY AND PARENTING SUPPORT SERVICES. (a) Sense of Congress.--It is the sense of the Congress that women who are pregnant and fear being abandoned under difficult life circumstances, and recipients of care funded through title X of the Public Health Service Act (42 U.S.C. 300 et seq.), title XX of the Social Security Act (42 U.S.C. 1397 et seq.), and other Federal, State, and local health care programs, should be aware of the services available, during and after pregnancy, that will support them while carrying their children to live birth as well as supporting women who are raising their children following birth or giving their children up for adoption. (b) Support Services.--Part D of title III of the Public Health Service Act (42 U.S.C. 254b et seq.) is amended-- (1) by redesignating section 330F as section 330F-1; and (2) by inserting after section 330E the following: ``SEC. 330F. PREGNANCY AND PARENTING SUPPORT SERVICES. ``(a) Database.-- ``(1) In general.--The Secretary shall develop and maintain a comprehensive, publicly accessible, and user friendly database, to be known as the Pregnant and Parenting Women's Care Information Service, to serve as a consolidated source of information on public and private service providers that address the concerns of pregnant women through the provision of pregnancy and parenting support services. ``(2) Information to be included.--The database developed under paragraph (1) shall include a list, by State and locality, of qualified providers including, for each listed provider-- ``(A) Web sites and other relevant sources of information about such provider; ``(B) as applicable and available-- ``(i) contact information for such provider; and ``(ii) the number of years such provider has provided pregnancy and parenting support services; and ``(C) information on the services offered by such provider targeted towards pregnant and parenting women, including the rating and reviews collected under subsection (b)(3). ``(b) Input; Information.--In developing and maintaining the database under subsection (a), the Secretary shall-- ``(1) seek the input of-- ``(A) qualified providers; and ``(B) relevant State officials; ``(2) identify the complete list of Federal programs that provide pregnancy and parenting support services; and ``(3) create a process to collect from women ratings and reviews of qualified providers listed in the database based on the interactions of such women with such providers. ``(c) Best Practices.-- ``(1) Annual review.--The Secretary shall conduct an annual review of best practices in pregnancy and parenting support services nationwide. ``(2) Input.--In conducting each annual review under paragraph (1), the Secretary shall-- ``(A) gather input from qualified providers listed in the database developed under subsection (a) and experts described in subsection (b)(1), including experts and providers representing-- ``(i) State and local governments; ``(ii) the private sector; and ``(iii) prenatal and parenting care centers; and ``(B) in gathering such input, encourage such providers and experts-- ``(i) to share information on best practices described in paragraph (1); and ``(ii) to identify difficulties facing pregnant and parenting women and to develop best practices to address such difficulties. ``(d) Toll-Free Number.--The Secretary shall enter into a contract, through the use of competitive procedures, with an entity to establish and operate a toll-free number to provide women with referrals for obtaining pregnancy and parenting support services, including services to support mental and emotional health. ``(e) Healthy Birth and Healthy Life Grants.-- ``(1) In general.--The Secretary may award competitive grants to providers listed in the database developed under subsection (a) to develop best practices for communities to identify optimal ways to provide pregnancy and parenting support services. ``(2) Supplement not supplant.--The Secretary may award a grant to a provider under this subsection only if the provider agrees that the grant will be used to supplement, and not supplant, pregnancy and parenting support services. ``(f) Prenatal Care Grants to Academic Medical Centers.--The Secretary may award competitive grants to academic medical centers for the exclusive purpose of having individuals affiliated with such academic medical center with expertise in pregnancy and parenting and accompanying social services, including patient advocates, accomplish the following activities: ``(1) Deliver specialized training in pregnancy and parenting support services. ``(2) Develop and implement programs to train individuals to deliver such specialized training. ``(3) Seek input from women who have experienced pregnancy to develop best practices for providers serving such women and advice for other women experiencing pregnancy. ``(g) No Duplication of Effort.--The Secretary shall ensure that the programs and activities authorized or required by this section are not duplicated by other programs and activities of the Department of Health and Human Services. ``(h) Prohibition Against Funding Discriminatory Entities.-- ``(1) Rule.--No Federal funds may be made available to a Federal agency or program, or to a State or local government, if such agency, program, or government subjects any institutional or individual health care entity to discrimination on the basis that the health care entity does not provide, pay for, provide coverage of, or refer for abortions. ``(2) Definition.--In this subsection, the term `health care entity' includes an individual physician or other health care professional, a hospital, a provider-sponsored organization, a health maintenance organization, a health insurance plan, or any other kind of health care facility, organization, or plan. ``(i) Annual Report.--The Secretary shall submit an annual report to the Congress on the activities carried out under this section, the funds expended on such activities, and the results achieved through such activities. ``(j) Definitions.--In this section: ``(1) Pregnancy and parenting support services.--The term `pregnancy and parenting support services' means services offered during and after pregnancy to pregnant women and new parents in order to help such women and such parents alleviate the physical, financial, social, emotional, and other difficulties that may be encountered during and after pregnancy, consisting of the following: ``(A) Material and financial assistance, including maternity and baby clothing, diapers, baby food (including formula), baby furniture, and car seats. ``(B) Information for parents with newborn children, including adopted children, addressing resources regarding pregnancy and childbirth, infant feeding, time management, parenting special needs children, and nutrition during and after pregnancy. ``(C) Referrals for adoption, job training and placement, housing, personal safety, food stamps, and other governmental assistance. ``(D) Crisis hotlines, including for violence prevention, suicide prevention, and survivors of sexual assault who are pregnant due to such assault. ``(E) Pro bono obstetric and prenatal care services for women in the carrying of their children to live birth, including services during pregnancy and following childbirth, and neonatal care services, including referrals for such services. ``(F) Pro bono legal services to assist women who are pregnant and parents with newborn children, including adopted children. ``(G) Child care services. ``(H) Pursuing collection of child support and alimony. ``(I) Services to assist parents to care for, and prepare to care for, a child with Down syndrome or another prenatally diagnosed condition, and to facilitate the adoption of such children as appropriate. ``(J) Life-skills mentoring, including to enhance the following competencies: ``(i) Strengthening marriage. ``(ii) Communication and conflict management for building healthy marriages and families. ``(iii) Decisionmaking and relationship- building skills prior to marriage. ``(iv) High-risk behavior awareness. ``(K) Services for postpartum depression treatment. ``(2) Qualified provider.--The term `qualified provider' means a service provider, including a pregnancy support center, that has been engaged in providing any pregnancy and parenting supporting services for at least three years.''. SEC. 102. INCENTIVES FOR WORKPLACE SOLUTIONS AWARENESS CAMPAIGN. The Secretary of Labor shall recognize and publicize the practices of employers who successfully meet the needs of their pregnant or parenting employees, such as through the following policies: (1) Family-friendly policies, including-- (A) providing child care facilities; (B) providing family cafeterias and separate cafeterias for those who prefer not to eat with families; (C) family leave policies for small employers not covered by the Family and Medical Leave Act; (D) paid family leave policies for employers covered by such Act; (E) providing rooms for mothers to breastfeed in comfort, with refrigerators for the storage of breast milk; and (F) allowing telecommuting and flexible work schedules, including meeting times conducive to parenting if such meeting times do not harm traditional full-time employees. (2) Establishment of a committees to discuss matters related to employer support for employees who are pregnant or parenting. (3) Policies that support pregnant women. TITLE II--DEPARTMENT OF EDUCATION SEC. 201. SENSE OF CONGRESS. It is the sense of Congress that-- (1) women who are pregnant, including parenting students who fear being abandoned, should be aware of and have access to available educational resources to support them during pregnancy, birth, and with child-rearing; and (2) to address this concern, the Secretary of Education should-- (A) administer a competitive, accountable grant program to provide funds to institutions of higher education for the aggregation and development of pregnancy and child care best practices and programs that support pregnant women and mothers with children who are engaged in childcare while completing postsecondary education; and (B) on an annual basis, report to the appropriate congressional committees on the progress of the Secretary in implementing the grant program and the outcomes related to the best practices and programs carried out under the grant program, including the geographic distribution of such best practices and educational programs. SEC. 202. FUND FOR THE IMPROVEMENT OF POSTSECONDARY EDUCATIONAL ESTABLISHMENTS. Section 741(a) of the Higher Education Act of 1965 (20 U.S.C. 1138(a)) is amended-- (1) by striking ``and'' at the end of paragraph (12); (2) by striking the period at the end of paragraph (13) and inserting ``; and''; and (3) by adding at the end the following: ``(14) developing an online information toolkit about agencies that are working within institutions of higher education to provide services related to pregnancy and child care, the exclusive purpose of which shall be to provide information on such services to help pregnant and parenting students-- ``(A) locate and utilize child care services, family housing, health insurance (for themselves and their family), flexible academic scheduling (such as telecommuting programs), parenting classes and programs, and postpartum counseling and support groups; ``(B) identify scholarships, financial and in-kind resources, grants, and loans for which such students may be eligible; ``(C) meet the material needs of mothers and their children, including such items as maternity and baby clothing, diapers, baby food, baby furniture, and car seats; ``(D) access breast pumps at locations designated for breast feeding within the educational setting to support breast feeding and pumping; and ``(E) access nutrition programs for pregnant women and mothers, including the programs under section 17 of the Child Nutrition Act of 1966 (commonly known as `WIC') and section 4 of the Food and Nutrition Act of 2008 (commonly known as `SNAP').''.

Care for Life Act This bill amends the Public Health Service Act to require the Department of Health and Human Services (HHS) to develop and maintain the Pregnant and Parenting Women's Care Information Service database. This database must provide pregnant women and new parents with information on public and private service providers that help such women and parents in alleviating the physical, financial, social, and emotional difficulties encountered during or after pregnancy. HHS may award grants to: (1) providers to develop best practices for communities to identify optimal ways to provide pregnancy and parenting support services, and (2) academic medical centers to provide specialized training in pregnancy and parenting support services. The Department of Labor must recognize and publicize the practices of employers who successfully meet the needs of their pregnant or parenting employees. The grant program of the Department of Education to improve postsecondary education opportunities is expanded to include funding for the development of an online information toolkit about agencies that are working within institutions of higher education to provide pregnancy and child care services for students.

SECTION 1. SHORT TITLE. This Act may be cited as the ``More Books for Africa Act of 2009''. SEC. 2. FINDINGS. Congress finds the following: (1) The World Bank and other donor organizations have determined that next to a good teacher, a good school book is the best and most cost-effective means of advancing education in African schools. (2) The World Bank and other organizations have determined that there is a chronic shortage of text and library books in schools and libraries across Africa, with students left without books or forced to share books at a ratio of 10:1. (3) The countries of Africa have the world's lowest literacy rates, undermining development and weakening citizens' power to effect socioeconomic and political change. (4) Both the Millennium Development Goals and the Education For All initiatives target increased literacy rates by 2015, especially among women and girls, as a key development goal in Africa and the developing world. (5) Most African children who attend school have never owned a book of their own. In many classrooms, 10-20 students share one textbook. (6) Every year of education has been shown to raise a person's income potential by at least 10 percent. (7) In sub-Saharan Africa, 43.5 percent of the total population is under 14 years old. (8) Books and labor to pack these books are currently being donated by citizens across the United States to assist in literacy efforts in Africa. (9) 22,000 books can be shipped in one cargo container and delivered to Africa for an average cost of $11,000. (10) Not-for-profit organizations, through the use of donated books and labor from United States citizens, as well as cash donations, have been able to ship a donated book to Africa for only 50 cents per book, resulting in tremendous cost- efficiency in a time of budget challenges. SEC. 3. SENSE OF CONGRESS. It is the sense of Congress that-- (1) the availability of textbooks and library books is a critical component of the massive investment by the United States in primary, secondary, higher, and adult community education; and (2) the donation of textbooks and library books is a powerful tool of public diplomacy and important to United States national security. SEC. 4. MORE BOOKS FOR AFRICA PROGRAM. (a) Establishment and Purpose.--The Administrator of the United States Agency for International Development (USAID), in consultation with the Basic Education Program administered by USAID, shall establish and administer a program to be known as the ``More Books for Africa Program'' (in this Act referred to as the ``Program'') to facilitate the donation, processing, shipping, and distribution of not fewer than 3,000,000 text and library books per year to African schools, libraries, community centers, and other centers of learning in partnership with United States-based entities. (b) Donations.-- (1) In general.--All text and library books sent to Africa through the Program may come only from unrestricted donations from citizens, not-for-profits, educational institutions, libraries, and private companies. (A) Initiative.--The Program shall focus on the donation and distribution of text and library books pertaining to law and democracy, health and medicine, science and math, and other pertinent subject specific areas. (c) Quality of Books.--Donated text and library books shall be evaluated based on-- (1) presence of an attached cover and all pages relevant to the subject matter of such books; (2) condition of book cover and pages, such that the cover and all pages shall have no major rips or stains; and (3) legibility of text, such that all text should be legible. (d) United States-based Partnerships.-- (1) In general.--The Program shall encourage partnerships with faith-based organizations, community organizations, K-12 educational institutions, and private companies in the United States for the purpose of leveraging funds and collecting donated text and library books. (2) Donation and shipment.--The Program shall help United States entities referred to in paragraph (1) sponsor the donation and shipment of text and library books to communities in Africa and foster cross-cultural relations between such communities. (3) Volunteers.--The Program shall leverage the work of volunteers in the collection of donated text and library books and the preparation of such book shipments. (e) Africa-based Partnerships.-- (1) Ministries of education.--The Program shall encourage partnerships with African ministries of education (or similar) to aid in the identification and distribution of text and library books to communities in need. (2) United states ambassadors.--The Program shall encourage United States Ambassadors to African countries to make the establishment of libraries and donations of text and library books to schools on behalf of the United States a priority in their work and in the use of the Ambassador's Special Self-Help Program. (3) Peace corps.--The Program shall leverage the work in Africa of the Peace Corps and its volunteers in the distribution of text and library books to communities in Africa. (4) Nongovernmental organizations.--The Program shall encourage partnerships with local African nongovernmental organizations and community organizations to aid in the distribution of text and library books. (5) Literacy organizations.--The Program shall encourage collaboration with African literacy organizations to provide training of librarians and teachers in text and library book use, distribution of such books to in-country locations, and clearance of such book containers from port locations. (f) Authorized Activities.-- (1) In general.--Amounts appropriated pursuant to the authorization of appropriations in section 6 may be used to cover the following costs associated with the Program: (A) Collection and processing of donated text and library books. (B) Shipping such books to Africa. (C) Distribution of such books. (D) Establishing partnerships in accordance with subsections (d) and (e). (2) Prohibitions.-- (A) Purchase and development.--Amounts authorized to be appropriated pursuant to section 6 to carry out the Program may not be used for the purchase or development of text and library books under the Program. (B) Amounts.--The cost for collecting, processing, shipping, and distributing text and library books under the Program may not exceed $750 per 1,000 books. (g) Monitoring and Evaluation.-- (1) Safeguards.--The Administrator of USAID shall establish safeguards to ensure that text and library books donated under the Program are not resold on the African market. (2) Report.--Not later than one year after the date of the enactment of this Act, the Secretary of State shall submit to Congress a report on the Program . The report shall describe-- (A) the number of text and library books donated under the Program; (B) the use of text and library books donated under the Program; (C) the entities receiving text and library books donated under the Program, including end recipients and any intermediary entities involved in such book distribution within African countries; and (D) the participation of the Ambassador's Special Self-Help Program, including a list of participating USAID missions. (h) Authorization of Appropriations.--There is authorized to be appropriated to the Administrator of USAID $3,000,000 for each of fiscal years 2010 through 2014 for purposes of establishing and implementing the Program.

More Books for Africa Act of 2009 - Expresses the sense of Congress that: (1) the availability of textbooks and library books is a critical component of the U.S. investment in primary, secondary, higher, and adult community education; and (2) the donation of textbooks and library books is a powerful diplomatic tool. Directs the Administrator of the United States Agency for International Development (USAID) to establish the More Books for Africa Program to facilitate the donation and distribution of not fewer than 3 million text and library books per year to African schools, libraries, and community learning centers in partnership with U.S.-based entities. Provides that: (1) Program books may come only from unrestricted donations from citizens, not-for-profits, educational institutions, libraries, and private companies; (2) the Program shall encourage partnerships with faith-based organizations, community organizations, K-12 educational institutions, and private companies; (3) the Program shall encourage partnerships with African ministries of education; and (4) the Program shall encourage U.S. Ambassadors to African countries to make the establishment of libraries and donations of books to schools on behalf of the United States a priority. Provides for Program monitoring.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Commission To Ensure Small Aircraft Safety Act of 1993''. SEC. 2. FINDINGS. Congress finds and declares the following: (1) Small aircraft safety is a serious national concern. (2) The Federal Government's resources must be utilized to ensure the safety of small aircraft travel. (3) On at least three separate occasions, the National Transportation Safety Board contacted the Federal Aviation Administration regarding the Hartzell HC-B4 propeller assembly featured on Mitsubishi MU-2 aircraft. (4) The National Transportation Safety Board urged the Federal Aviation Administration to conduct full fleet inspections of Hartzell propeller assemblies as a result of an accident near Utica, New York. (5) The Federal Aviation Administration concluded that a special investigation was not warranted. (6) The National Transportation Safety Board found the Federal Aviation Administration's responses unacceptable. (7) The National Transportation Safety Board has no other authority to pursue its recommendations other than to report to the Federal Aviation Administration. (8) Small aircraft safety investigatory practices and procedures should be examined. (9) Federal Government resources are not utilized effectively when there is no mechanism or procedure to resolve disagreements among Federal agencies over questions of small aircraft safety. (10) Procedures are necessary to resolve Federal agency disagreements over aircraft safety. (11) Alleviating Government gridlock among Federal entities responsible for the safety of our Nation's pilots and passengers should be a top priority. SEC. 3. ESTABLISHMENT OF COMMISSION. (a) Establishment.--There is established a commission to be known as the National Commission To Ensure Small Aircraft Safety (hereafter in this Act referred to as the ``Commission''). (b) Membership.-- (1) Composition.--The Commission shall be composed of 11 members of whom-- (A) 1 shall be appointed by the President, subject to paragraph (2); (B) 5 shall be appointed by the President pro tempore of the Senate, 3 upon the recommendation of the majority leader of the Senate, and 2 upon the recommendation of the minority leader of the Senate, from among the Members of the Senate; and (C) 3 shall be appointed by the Speaker of the House of Representatives from among the Members of such House, and 2 shall be appointed by the minority leader of the House of Representatives from among the Members of such House. (2) Prohibition.--The member of the Commission appointed under paragraph (1)(A) may not be an employee or former employee of the Federal Government. (3) Date.--The appointments of the members of the Commission shall be made no later than 30 days following the date of the enactment of this Act. (c) Period of Appointment; Vacancies.--Members shall be appointed for the life of the Commission. Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner as the original appointment. (d) Initial Meeting.--No later than 30 days after the date on which all members of the Commission have been appointed, the Commission shall hold its first meeting. (e) Meetings.--Except for its initial meeting, the Commission shall meet at the call of the Chairman. (f) Quorum.--A majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings. (g) In General.--Members appointed shall be appointed from among individuals who are experts in general aviation policy (including representatives of Federal, State and local governments and other public authorities responsible for general aviation and small aircraft safety), small aircraft safety, and organizations representing general aviation, small aircraft pilots, passengers, shippers, and small aircraft designers and manufacturers. (h) Chairman and Vice Chairman.--The Commission shall select a Chairman and Vice Chairman from among its members. SEC. 4. DUTIES OF THE COMMISSION. (a) Study.--The Commission shall conduct a thorough study and investigation of all matters relating to current investigatory procedures and practices of the National Transportation Safety Board and the Federal Aviation Administration with respect to small aircraft safety; the adequacy of these practices and procedures, the coordination of National Transportation Safety Board and Federal Aviation Administration investigations and enforcement of recommendations; the enforcement of Federal Aviation Administration small aircraft safety regulations; and the impediments to full utilization of National Transportation Safety Board and Federal Aviation Administration investigatory resources and enforcement. (b) Recommendations.--The Commission shall develop recommendations on those policies which need to be adopted to-- (1) achieve a national goal of safety in small aircraft and the general aviation industry; (2) resolve disagreements among Federal investigatory and regulatory agencies responsible for small aircraft safety; (3) develop coordination among Federal agencies responsible for investigating small aircraft safety; and (4) ensure full and effective enforcement of small aircraft safety regulations. (c) Report.--No later than 6 months after the date of the enactment of this Act, the Commission shall submit a report to the President and the Congress which shall contain a detailed statement of the findings and conclusions of the Commission, together with its recommendations for such legislation and administrative actions as it considers appropriate. SEC. 5. POWERS OF THE COMMISSION. (a) Hearings.--The Commission may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission considers advisable to carry out the purposes of this Act. (b) Information From Federal Agencies.--The Commission may secure directly from any Federal department or agency such information as the Commission considers necessary to carry out the provisions of this Act. Upon request of the Chairman of the Commission, the head of such department or agency shall furnish such information to the Commission. (c) Postal Services.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government. SEC. 6. COMMISSION PERSONNEL MATTERS. (a) Compensation of Members.--Each member of the Commission who is not an officer or employee of the Federal Government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which such member is engaged in the performance of the duties of the Commission. All members of the Commission who are officers or employees of the United States shall serve without compensation in addition to that received for their services as officers or employees of the United States. (b) Travel Expenses.--The members 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. (c) Staff.-- (1) In general.--The Chairman of the Commission may, without regard to the civil service laws and regulations, appoint and terminate an executive director and such other additional personnel as may be necessary to enable the Commission to perform its duties. The employment of an executive director shall be subject to confirmation by the Commission. (2) Compensation.--The Chairman of the Commission may fix the compensation of the executive director and other personnel without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the executive director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title. (d) Detail of Government Employees.--Any Federal Government employee may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. (e) Procurement of Temporary and Intermittent Services.--The Chairman of the Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals which do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title. SEC. 7. TERMINATION OF THE COMMISSION. The Commission shall terminate 180 days after the date on which the Commission submits its report under section 4. All records and papers of the Commission shall be deposited by the Administrator of General Services in the National Archives. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated $____________ for fiscal year 1994 to the Commission to carry out the purposes of this Act. (b) Availability.--Any sums appropriated under the authorization contained in this section shall remain available, without fiscal year limitation, until expended.

National Commission To Ensure Small Aircraft Safety Act of 1993 - Establishes the National Commission To Ensure Small Aircraft Safety. Requires the Commission to study and report to the President and the Congress on: (1) the current investigatory practices of the National Transportation Safety Board (NTSB) and the Federal Aviation Administration (FAA) with respect to small aircraft safety; (2) the adequacy of such practices; (3) the coordination of NTSB and FAA investigations and enforcement of recommendations; (4) the enforcement of FAA small aircraft safety regulations; and (5) the impediments to full utilization of NTSB and FAA investigatory resources and enforcement. Authorizes appropriations.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Domestic Violence Screening and Services Act of 2002''. SEC. 2. FINDINGS. Congress finds the following: (1) Nearly \1/3\ of American women (31 percent) report being physically or sexually abused by a husband or boyfriend at some point in their lives, and about 1200 women are murdered every year by their intimate partner, nearly 3 each day. (2) 85 percent of violent victimizations are experienced by women. (3) 37 percent of all women who sought care in hospital emergency rooms for violence-related injuries were injured by a current or former spouse, boyfriend, or girlfriend. (4) In addition to injuries sustained during violent episodes, physical and psychological abuse are linked to a number of adverse physical health effects including arthritis, chronic neck or back pain, migraine and other frequent headaches, stammering, problems with vision, and sexually transmitted infections, including HIV/AIDS. (5) Medical services for abused women cost an estimated $857,300,000 every year. (6) Each year, at least 6 percent of all pregnant women, about 240,000 pregnant women, in this country are battered by the men in their lives. This battering leads to complications of pregnancy, including low weight gain, anemia, infections, and first and second trimester bleeding. (7) Pregnant and recently pregnant women are more likely to be victims of homicide than to die of any other cause, and evidence exists that a significant proportion of all female homicide victims are killed by their intimate partners. (8) Children who witness domestic violence are more likely to exhibit behavioral and physical health problems including depression, anxiety, and violence towards peers. They are also more likely to attempt suicide, abuse drugs and alcohol, run away from home, engage in teenage prostitution, and commit sexual assault crimes. (9) Fifty percent of men who frequently assault their wives frequently assault their children. The United States Advisory Board on Child Abuse and Neglect suggests that domestic violence may be the single major precursor to child abuse and neglect fatalities in this country. (10) Currently, about 10 percent of primary care physicians routinely screen for intimate partner abuse during new patient visits and nine percent routinely screen during periodic checkups. (11) Recent clinical studies have proven the effectiveness of a 2-minute screening for early detection of abuse of pregnant women. Additional longitudinal studies have tested a 10-minute intervention that was proven highly effective in increasing the safety of pregnant abused women. Comparable research does not yet exist to support the effectiveness of screening men. (12) 70 to 81 percent of the patients studied reported that they would like their health care providers to ask them privately about intimate partner violence. SEC. 3. DOMESTIC VIOLENCE PREVENTION GRANTS. Part P of title III of the Public Health Service Act (42 U.S.C. 280g et seq.) is amended by adding at the end the following: ``SEC. 399O. DOMESTIC VIOLENCE PREVENTION GRANTS. ``(a) Grants Authorized.--The Secretary is authorized to award grants to eligible entities to improve the treatment of and screening for domestic violence. ``(b) Use of Funds.--Grants awarded pursuant to subsection (a) may be used for activities such as-- ``(1) the implementation, dissemination, and evaluation of policies and procedures to guide health care professionals and staff responding to domestic violence; ``(2) the provision of training and follow-up technical assistance to health care professionals and staff to screen for domestic violence, and then to appropriately assess, treat, and refer patients who are victims of domestic violence to domestic violence service providers; and ``(3) the development of on-site access to services to address the safety, medical, mental health, and economic needs of patients either by increasing the capacity of existing health care professionals and staff to address these issues or by contracting with or hiring domestic violence advocates to provide the services or other model appropriate to the geographic and cultural needs of a site. ``(c) Eligible Entity.--In this section, the term `eligible entity' shall means a Federally qualified health centers as defined in section 1861(aa)(4) of the Social Security Act (42 U.S.C. 1395x(aa)(4)). ``(d) Applications.--Each eligible entity desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. ``(e) Authorization of Appropriations.-- ``(1) In general.--There is authorized to be appropriated to carry out this section, $5,000,000 for each of fiscal years 2003, 2004, 2005, and 2006. ``(2) Set aside for tribal organizations.--An amount equal to 4 percent of the amount appropriated for a fiscal year in accordance with paragraph (1) to carry out this section shall be set aside for making grants to Indian tribes and tribal organizations (as defined in section 4 of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 450b)).''. SEC. 4. NATIONAL HEALTH SERVICE CORPS. Section 331 of the Public Health Service Act (42 U.S.C. 254d) is amended-- (1) by redesignating subsection (i) as subsection (j); and (2) by inserting after subsection (h) the following: ``(i) The Secretary shall ensure that health care professionals working in the National Health Service Corps receive training on how to screen for domestic violence, and to appropriately assess, treat, and refer patients who are victims of domestic violence to domestic violence service providers.''. SEC. 5. GRANTS FOR DOMESTIC VIOLENCE SCREENING AND TREATMENT. (a) Authority To Award Grants.-- (1) In general.--The Secretary of Health and Human Services (in this section referred to as the ``Secretary''), acting through the Assistant Secretary for the Administration for Children and Families, shall award grants under this section to eligible State entities and eligible local entities in order to strengthen the response of State and local health care systems to domestic violence by building the capacity of health care professionals and staff to identify, address, and prevent domestic violence. (2) Definitions of eligible entities.--In this section: (A) Eligible state entity.--The term ``eligible State entity'' means a State department (or other division) of health, a nonprofit State domestic violence coalition or service-based program, or any other nonprofit or State entity with a history of effective work in the field of domestic violence and health care, that demonstrates that the applicant is representing a team of organizations and agencies working collaboratively to strengthen the response of the health care system to domestic violence and that such team includes domestic violence and health care organizations. (B) Eligible local entity.--The term ``eligible local entity'' means a nonprofit domestic violence service based program, a local department (or other division) of health, a local health clinic, hospital, or system, or any other nonprofit or local entity with a history of effective work in the field of domestic violence and health care. (b) Number and Duration of Programs; Maximum Amount of Grants.-- (1) Number of programs.--Not more than-- (A) 10 programs shall be conducted by eligible State entities under a grant made under this section; or (B) 10 programs shall be conducted by eligible local entities under a grant made under this section. (2) Duration.--A program conducted under a grant made under this section by an eligible State entity or an eligible local entity shall not exceed 4 years. (3) Maximum amount of grants.--A grant awarded under this section shall not exceed-- (A) $350,000 per year, in the case of a program conducted by an eligible State entity; or (B) $150,000 per year, in the case of a program conducted by an eligible local entity. (c) Use of Funds.-- (1) Eligible state entities.--An eligible State entity awarded a grant under this section shall use funds provided under the grant to design and implement comprehensive statewide strategies to improve the response of the health care system to domestic violence in clinical and public health care settings and to promote education and awareness about domestic violence at a statewide level. Such strategies shall include the following: (A) Collaboration with State professional health associations and departments (or other divisions) of health to integrate responses to domestic violence into existing policy, practice, and education efforts. (B) Promotion of policies and funding sources that advance domestic violence screening, training, and protocol development and that protect the confidentiality of patients and prohibit insurance discrimination. (C) Dissemination, implementation, and evaluation of practice guidelines on domestic violence that guide health care providers and public health professionals response to domestic violence. (D) Training and follow-up technical assistance to health care professionals and staff to screen for domestic violence, and then to appropriately assess, treat, and refer patients who are victims of domestic violence to domestic violence services. (E) Creation and implementation of public education campaigns for patients and providers about domestic violence prevention. (F) Development and dissemination of patient and provider education materials. (G) Promotion of the inclusion of domestic violence into medical and nursing school curriculum and integration of domestic violence into health care accreditation and professional licensing examinations, such as medical boards. (H) Evaluation of the practice and institutionalization of screening, intervention, and documentation of domestic violence and promotion of the use of quality improvement measurements. (2) Eligible local entities.--An eligible local entity awarded a grant under this section shall use funds provided under the grant to design and implement comprehensive local strategies to improve the response of the health care system to domestic violence in hospitals, clinics, managed care settings, emergency medical services, and other health care settings. Such strategies shall include the following: (A) Implementation, dissemination, and evaluation of policies and procedures to guide clinical and public health professionals and staff responding to domestic violence including identification, treatment, and documentation of domestic violence and strategies to ensure that health information is held in a manner that protects the patient's privacy and safety. (B) Training and follow-up technical assistance to health care professionals and staff to screen for domestic violence, and then to appropriately assess, treat, and refer patients who are victims of domestic violence to domestic violence services. (C) Development of on-site access to services to address the safety, medical, mental health, and economic needs of patients either by increasing the capacity of existing health care professionals and staff to address these issues or by contracting with or hiring domestic violence advocates to provide the services, or to model other services appropriate to the geographic and cultural needs of a site. (D) Development or adaptation and dissemination of patient and provider education materials. (E) Evaluation of practice and the institutionalization of screening, intervention, and documentation including quality improvement measurements such as patient satisfaction surveys, patient record reviews, case consultation, or other methods used to evaluate and enhance staff compliance with protocols. (d) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary of Health and Human Services for the purpose of awarding grants under this section, $5,000,000 for each of fiscal years 2003 through 2006.

Domestic Violence Screening and Services Act of 2002 - Amends the Public Health Service Act to authorize the Secretary of Health and Human Services to award grants to Federally-qualified health centers to improve the treatment of and screening for domestic violence. Earmarks funds for grants to Indian tribes and tribal organizations.Requires that National Health Service health care professionals receive training in screening and treating victims of domestic violence.Directs the Secretary, acting through the Assistant Secretary for the Administration for Children and Families, to award grants for up to four years to State and local governmental and nonprofit entities currently working in the field of domestic violence. Requires that such funds be used to develop strategies to improve the response of the health care system to domestic violence and promote education and awareness through professional training, policies and procedures, on-site access to services, education materials, and evaluation of practice.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Effective Immigration Enforcement Partnerships Act of 2008''. SEC. 2. STATE DEFINED. In this Act, the term ``State'' has the meaning given the term in section 101(a)(36) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(36)). SEC. 3. FEDERAL AFFIRMATION OF IMMIGRATION LAW ENFORCEMENT BY STATES AND POLITICAL SUBDIVISIONS OF STATES. Notwithstanding any other provision of law and reaffirming the existing inherent authority of States, law enforcement personnel of a State or a political subdivision of a State have the inherent authority of a sovereign entity to investigate, identify, apprehend, arrest, detain, or transfer to Federal custody aliens in the United States (including the transportation of such aliens across State lines to detention centers), for the purpose of assisting in the enforcement of the immigration laws of the United States in the normal course of carrying out their law enforcement duties. This State authority has never been displaced or preempted by Federal law. SEC. 4. LISTING OF IMMIGRATION VIOLATORS IN THE NATIONAL CRIME INFORMATION CENTER DATABASE. (a) Provision of Information to the NCIC.-- (1) In general.--Not later than 180 days after the date of the enactment of this Act, the Commissioner, United States Customs and Border Protection shall provide the National Crime Information Center of the Department of Justice with any information in the possession of the Commissioner that is related to-- (A) any alien against whom a final order of removal has been issued; (B) any alien who is subject to a voluntary departure agreement; (C) any alien who has remained in the United States beyond the alien's authorized period of stay; and (D) any alien whose visa has been revoked. (2) Requirement to provide and use information.--The information described in paragraph (1) shall be provided to the National Crime Information Center, and the Center shall enter the information into the Immigration Violators File of the National Crime Information Center database, regardless of whether-- (A) the alien received notice of a final order of removal; (B) the alien has already been removed; or (C) sufficient identifying information is available for the alien, such as a physical description of the alien. (b) Inclusion of Information in the NCIC Database.--Section 534(a) of title 28, United States Code, is amended-- (1) in paragraph (3), by striking ``and'' at the end; (2) by redesignating paragraph (4) as paragraph (5); and (3) by inserting after paragraph (3) the following: ``(4) acquire, collect, classify, and preserve records of violations of the immigration laws of the United States, regardless of whether the alien has received notice of the violation, sufficient identifying information is available for the alien, or the alien has already been removed; and.''. (c) Permission To Depart Voluntarily.--Section 240B of the Immigration and Nationality Act (8 U.S.C. 1229c) is amended-- (1) by striking ``Attorney General'' each place that term appears and inserting ``Secretary of Homeland Security''; and (2) in subsection (a)(2)(A), by striking ``120'' and inserting ``30''. SEC. 5. FEDERAL CUSTODY OF ILLEGAL ALIENS APPREHENDED BY STATE OR LOCAL LAW ENFORCEMENT. (a) In General.--Title II of the Immigration and Nationality Act (8 U.S.C. 1151 et seq.) is amended by inserting after section 240C the following: ``SEC. 240D. TRANSFER OF ILLEGAL ALIENS FROM STATE TO FEDERAL CUSTODY. ``(a) In General.--If the head of a law enforcement entity of a State (or, if appropriate, a political subdivision of the State) exercising authority with respect to the apprehension or arrest of an illegal alien, submits a request to the Secretary of Homeland Security that the alien be taken into Federal custody, the Secretary shall-- ``(1)(A) not later than 72 hours after the conclusion of the State charging process or dismissal process, or if no State charging or dismissal process is required, not later than 72 hours after the illegal alien is apprehended, take the illegal alien into the custody of the Federal Government and incarcerate the alien; or ``(B) request that the relevant State or local law enforcement agency temporarily detain or transport the illegal alien to a location for transfer to Federal custody; and ``(2) designate at least 1 Federal, State, or local prison or jail or a private contracted prison or detention facility within each State as the central facility for law enforcement entities of that State to transfer custody of criminal or illegal aliens to the Department of Homeland Security. ``(b) Reimbursement.-- ``(1) In general.--The Secretary of Homeland Security shall reimburse a State or a political subdivision of a State for all reasonable expenses, as determined by the Secretary, incurred by the State or political subdivision in the detention and transportation of a criminal or illegal alien under subsection (a)(1). ``(2) Cost computation.--The amount reimbursed for costs incurred under subsection (a)(1) shall be equal to the sum of-- ``(A) the product of-- ``(i) the average cost of incarceration of a prisoner in the relevant State, as determined by the chief executive officer of a State (or, as appropriate, a political subdivision of the State); and ``(ii) the number of days that the alien was in the custody of the State or political subdivision; and ``(B) the cost of transporting the criminal or illegal alien from the point of apprehension or arrest to-- ``(i) the location of detention; and ``(ii) if the location of detention and of custody transfer are different, to the custody transfer point. ``(c) Requirement for Appropriate Security.--The Secretary of Homeland Security shall ensure that illegal aliens incarcerated in Federal facilities under this subsection are held in facilities which provide an appropriate level of security. ``(d) Requirement for Schedule.-- ``(1) In general.--In carrying out this section, the Secretary of Homeland Security shall establish a regular circuit and schedule for the prompt transfer of apprehended illegal aliens from the custody of States and political subdivisions of States to Federal custody. ``(2) Authority for contracts.--The Secretary of Homeland Security may enter into contracts with appropriate State and local law enforcement and detention officials to implement this subsection. ``(e) Illegal Alien Defined.--In this section, the term `illegal alien' means an alien who-- ``(1) entered the United States without inspection or at any time or place other than that designated by the Secretary of Homeland Security; ``(2) was admitted as a nonimmigrant and, at the time the alien was taken into custody by the State or political subdivision, had failed to-- ``(A) maintain the nonimmigrant status in which the alien was admitted or to which it was changed under section 248; or ``(B) comply with the conditions of the status described in subparagraph (A); ``(3) was admitted as an immigrant and subsequently failed to comply with the requirements of that status; or ``(4) failed to depart the United States as required under a voluntary departure agreement or under a final order of removal.''. (b) Authorization of Appropriations for the Detention and Transportation to Federal Custody of Aliens Not Lawfully Present.-- There is authorized to be appropriated $500,000,000 for the detention and removal of aliens not lawfully present in the United States under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) for fiscal year 2009 and for each subsequent fiscal year. SEC. 6. IMMIGRATION LAW ENFORCEMENT TRAINING OF STATE AND LOCAL LAW ENFORCEMENT PERSONNEL. (a) Training Manual and Pocket Guide.-- (1) Publication.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security shall publish-- (A) a training manual for State and local law enforcement personnel to train such personnel in the investigation, identification, apprehension, arrest, detention, and transfer to Federal custody of aliens in the United States, including-- (i) the transportation of such aliens across State lines to detention centers; and (ii) the identification of fraudulent documents; and (B) an immigration enforcement pocket guide for State and local law enforcement personnel to provide a quick reference for such personnel in the course of duty. (2) Availability.--The training manual and pocket guide published under paragraph (1) shall be made available to all State and local law enforcement personnel. (3) Applicability.--Nothing in this subsection may be construed to require State or local law enforcement personnel to keep the training manual or pocket guide with them while on duty. (4) Costs.--The Secretary shall be responsible for all costs incurred in the publication of the training manual and pocket guide under this subsection. (b) Training Flexibility.-- (1) In general.--The Secretary of Homeland Security shall make available training of State and local law enforcement officers through as many means as possible, including-- (A) residential training at-- (i) the Federal Law Enforcement Training Center of the Department of Homeland Security in Glynco, Georgia; and (ii) the Center for Domestic Preparedness of the Department of Homeland Security; (B) onsite training held at State or local police agencies or facilities; (C) online training courses by computer, teleconferencing, and videotape; and (D) recording training courses on DVD. (2) Online training.--The head of the Distributed Learning Program of the Federal Law Enforcement Training Center shall make training available for State and local law enforcement personnel via the Internet through a secure, encrypted distributed learning system that-- (A) has all its servers based in the United States; (B) is sealable and survivable; and (C) is capable of having a portal in place not later than 30 days after the date of the enactment of this Act. (3) Federal personnel training.--The training of State and local law enforcement personnel under this section may not displace the training of Federal personnel. (c) Clarification.--Nothing in this Act or in any other provision of law may be construed as making any immigration-related training a requirement for, or a prerequisite to, any State or local law enforcement officer exercising the inherent authority of the officer to investigate, identify, apprehend, arrest, detain, or transfer to Federal custody illegal aliens during the normal course of carrying out the law enforcement duties of the officer. (d) Training Limitation.--Section 287(g) of the Immigration and Nationality Act (8 U.S.C. 1357(g)) is amended-- (1) by striking ``Attorney General'' each place that term appears and inserting ``Secretary of Homeland Security''; and (2) in paragraph (2), by adding at the end the following: ``Such training may not exceed 14 days or 80 hours, whichever is longer.''. SEC. 7. IMMUNITY. (a) Personal Immunity.-- (1) In general.--Notwithstanding any other provision of law, a law enforcement officer of a State or of a political subdivision of a State, shall be immune from personal liability arising out of the enforcement of any immigration law to the same extent as a Federal law enforcement officer. (2) Applicability.--The immunity provided under paragraph (1) only applies to an officer of a State, or of a political subdivision of a State, who is acting within the scope of the officer's official duties. (b) Agency Immunity.--Notwithstanding any other provision of law, a law enforcement agency of a State, or of a political subdivision of a State, shall be immune from any claim for money damages based on Federal, State, or local civil rights law for an incident arising out of the enforcement of any immigration law, except to the extent that the law enforcement officer of that agency, whose action the claim involves, committed a violation of Federal, State, or local criminal law in the course of enforcing such immigration law. SEC. 8. CRIMINAL ALIEN PROGRAM. (a) Continuation.-- (1) In general.--The Secretary of Homeland Security shall continue to operate the program commonly known as the Criminal Alien Program by-- (A) identifying all removable criminal aliens in Federal and State correctional facilities; (B) ensuring that aliens identified under subparagraph (A) are not released into the United States; and (C) removing aliens identified under subparagraph (A) from the United States after the completion of their sentences. (2) Expansion.--Not later than 9 months after the date of the enactment of this Act, the Secretary of Homeland Security shall expand the Criminal Alien Program to all States. (3) State responsibilities.--Appropriate officials of each State that receives Federal funds for the incarceration of criminal aliens shall-- (A) cooperate with the Federal officials who carry out the Criminal Alien Program; (B) expeditiously and systematically identify criminal aliens in the State's prison and jail populations; and (C) promptly convey information regarding such aliens to the Federal officials who carry out the Criminal Alien Program as a condition for receiving such Federal funds. (b) Authorization for Detention After Completion of State or Local Prison Sentence.--State and local law enforcement officers are authorized to-- (1) hold an illegal alien for a period not to exceed 14 days after the alien has completed the alien's State prison sentence in order to effectuate the transfer of the alien to Federal custody when the alien is removable or not lawfully present in the United States; and (2) issue a detainer that would allow aliens who have served a State prison sentence to be detained by the State prison until personnel from United States Immigration and Customs Enforcement take the alien into custody. (c) Technology Usage.-- (1) In general.--The Secretary of Homeland Security shall use available technology, including videoconferencing, to the maximum extent possible, in order to make the Criminal Alien Program available in remote locations. (2) Mobile access.--Mobile access to Federal databases of aliens, such as the IDENT database maintained by the Secretary of Homeland Security, and live scan technology shall be used to the maximum extent practicable in order to make these resources available to State and local law enforcement agencies in remote locations. (d) Authorization of Appropriations.--There are authorized to be appropriated to carry out the Criminal Alien Program-- (1) $40,000,000 for fiscal year 2009; (2) $50,000,000 for fiscal year 2010; (3) $60,000,000 for fiscal year 2011; (4) $70,000,000 for fiscal year 2012; and (5) $80,000,000 for fiscal year 2013 and each succeeding fiscal year. SEC. 9. CONSTRUCTION. Nothing in this Act may be construed to require State or local law enforcement personnel to-- (1) report the identity of a victim of, or a witness to, a criminal offense to the Secretary of Homeland Security for immigration enforcement purposes; (2) arrest such victim or witness for a violation of the immigration laws of the United States; or (3) enforce the immigration laws of the United States.

Effective Immigration Enforcement Partnerships Act of 2008 - States that state and local law enforcement personnel are fully authorized in the normal course of their duties to investigate, apprehend, or transfer to federal custody aliens in the United States (including interstate transportation of such aliens to detention centers) in order to assist in the enforcement of U.S. immigration laws. Provides for the listing of immigration violators in the National Crime Information Center database. Amends the Immigration and Nationality Act with respect to illegal aliens apprehended by state or local authorities to provide for: (1) federal custody upon state or local enforcement entity request; and (2) state or local compensation for related incarceration and transportation costs. Directs the Secretary of Homeland Security to establish immigration-related training for state and local personnel. Provides: (1) personal liability immunity to the same extent as corresponding federal immunity for state or local personnel enforcing immigration laws within the scope of their duties; and (2) civil rights money damage immunity for state or local agencies enforcing immigration laws unless their personnel violated criminal law in such enforcement. Authorizes a state or locality to: (1) detain an illegal alien after completion of such alien's state prison sentence for up to 14 days to facilitate federal transfer; and (2) issue a detainer that would allow the detention of aliens who have served such a sentence until taken into federal custody. States that nothing in this Act may be construed to require state or local law enforcement personnel to: (1) report the identity of a victim of, or a witness to, a criminal offense for immigration enforcement purposes; (2) arrest such victim or witness for an immigration violation; or (3) enforce U.S. immigration laws.

SECTION 1. SHORT TITLE. This Act may be cited as ``Student Financial Aid Simplification Act''. SEC. 2. FAFSA SIMPLIFICATION. Section 483 of the Higher Education Act of 1965 (20 U.S.C. 1090) is amended-- (1) in subsection (a)-- (A) in paragraph (1), by striking ``The Secretary'' and inserting ``Subject to subsection (i), the Secretary''; and (B) in paragraph (6), by striking ``The need'' and inserting ``Subject to subsection (i), the need''; and (2) by adding at the end the following new subsection: ``(i) FAFSA Simplification.-- ``(1) In general.--Effective with respect to academic year 2013-2014 and each succeeding academic year and notwithstanding subsection (a)(6) and any other provision of this section, with respect to a student who is a taxpayer or a dependent of a taxpayer and who does not meet the requirements of subsection (b) or (c) of section 479, the need and eligibility of such student for financial assistance under part A through E (other than subpart 4 of part A) may be determined only by-- ``(A) authorizing the Secretary to obtain from the Internal Revenue Service income data, and other taxpayer data needed to compute an expected family contribution for the student, from two years prior to the student's planned enrollment date; and ``(B) submitting to the Secretary the supplemental information described in paragraph (3). ``(2) Authorization under the irc and distribution of data.--Returns and return information (as defined in section 6103 of the Internal Revenue Code of 1986) may be obtained under paragraph (1)(A) only to the extent authorized by section 6103(l)(23) of such Code, except that institutions of higher education and States shall receive, without charge, such information from the Secretary for the purposes of processing loan applications and determining need and eligibility for institutional and State financial aid awards. ``(3) Supplemental information.--Each student described in paragraph (1) who is applying for financial assistance under parts A through E (other than under subpart 4 of part A) shall submit to the Secretary at such time and in such manner as required by the Secretary, any information that is needed to determine the student's need and eligibility for such financial assistance or to administer the programs under this title, but that is not available from the Internal Revenue Service to the extent authorized by section 6103(l)(23) of the Internal Revenue Code of 1986, including information with respect to the student's-- ``(A) citizenship or permanent residency status; ``(B) dependency status; ``(C) registration for selective service; ``(D) State of legal residence; ``(E) family members, including the total number and the number in postsecondary education; ``(F) secondary school completion status; ``(G) drug conviction status; ``(H) completion of a first bachelor's degree; ``(I) email address; and ``(J) institution or institutions of higher education in which the student is enrolled or to which the student is applying for admission. ``(4) Regulations.-- ``(A) In general.--The Secretary shall prescribe such regulations as may be necessary to carry out this subsection. ``(B) Inapplicability of rulemaking requirements.-- Sections 482(c) and 492 shall not apply to the regulations required by this paragraph.''. SEC. 3. AMENDMENTS TO THE INTERNAL REVENUE CODE OF 1986. Section 6103(l) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(23) Disclosure of return information to determine the need and eligibility of a student for federal student financial aid.-- ``(A) In general.--The Secretary may, upon written request from the Secretary of Education, disclose to officers and employees of the Department of Education return information with respect to a taxpayer or a dependent of a taxpayer who may be eligible for Federal student financial aid and whose need and eligibility for such aid is based in whole or in part on the taxpayer's income or the income of the parents of the dependent. Such return information shall be limited to-- ``(i) taxpayer identity information with respect to such taxpayer; ``(ii) the filing status of such taxpayer; ``(iii) the adjusted gross income of such taxpayer; and ``(iv) any other data of such taxpayer necessary to determine the expected family contribution (within the meaning of part F of title IV of the Higher Education Act of 1965 (20 U.S.C. 1087kk et seq.)) of such taxpayer or the dependent of such taxpayer, as applicable. ``(B) Restriction on use of disclosed information.--Return information disclosed under subparagraph (A) may be used by officers and employees of the Department of Education only for the purposes of, and to the extent necessary in, processing the student loan application, and establishing need and eligibility for Federal student financial aid, of a taxpayer or a dependent of a taxpayer. ``(C) Federal student loans and grants.--For purposes of this paragraph, the term `Federal student financial aid' means financial assistance under part A through E (other than under subpart 4 of part A) of title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.).''.

Student Financial Aid Simplification Act - Amends title IV (Student Assistance) of the Higher Education Act of 1965 (HEA) to determine students' need and eligibility for title IV assistance, unless they qualify for the simplified needs test or expect no family contribution, by using tax return information regarding those students or their parents that this Act authorizes the Secretary of Education to obtain from the Internal Revenue Service (IRS). Requires those students to submit to the Secretary certain supplementary information not available from the IRS. Requires the Secretary to provide institutions of higher education and states with that tax return information, without charge, for the purposes of processing loan applications and determining need and eligibility for institutional and state financial aid. Amends the Internal Revenue Code to authorize the Secretary of the Treasury to disclose tax return information to the Department of Education regarding taxpayers or their dependents whose need and eligibility for assistance under title IV of the HEA is based in whole or part on their income or their parents' income.

SECTION 1. SHORT TITLE. This Act may be cited as the ``United States Armed Forces in Bosnia Protection Act of 1997''. SEC. 2. FINDINGS AND DECLARATIONS OF POLICY. (a) Findings.--The Congress finds the following: (1)(A) On November 27, 1995, the President affirmed that United States participation in the multinational military Implementation Force in the Republic of Bosnia and Herzegovina would terminate in one year. (B) The President declared the expiration date of the mandate for the Implementation Force to be December 20, 1996. (2) The Secretary of Defense and the Chairman of the Joint Chiefs of Staff likewise expressed their confidence that the Implementation Force would complete its mission in one year. (3) The exemplary performance of United States Armed Forces personnel has significantly contributed to the accomplishment of the military mission of the Implementation Force. The courage, dedication, and professionalism of such personnel have permitted a separation of the belligerent parties to the conflict in the Republic of Bosnia and Herzegovina and have resulted in a significant mitigation of the violence and suffering in the Republic of Bosnia and Herzegovina. (4) On October 3, 1996, the Chairman of the Joint Chiefs of Staff announced the intention of the United States Administration to delay the removal of United States Armed Forces personnel from the Republic of Bosnia and Herzegovina until March 1997 due to operational reasons. (5) Notwithstanding the fact that the President, the Secretary of Defense, and the Chairman of the Joint Chiefs of Staff assured the Congress of their resolve to end the mission of United States Armed Forces in the Republic of Bosnia and Herzegovina by December 20, 1996, in November 1996 the President announced his intention to further extend the deployment of United States Armed Forces in the Republic of Bosnia and Herzegovina until June 1998. (6) Before the announcement of the new policy referred to in paragraph (5), the President did not request authorization by the Congress of a policy that would result in the further deployment of United States Armed Forces in the Republic of Bosnia and Herzegovina until June 1998. (b) Declarations of Policy.--The Congress-- (1) expresses its serious concerns and opposition to the policy of the President that has resulted in the deployment after December 20, 1996, of United States Armed Forces on the ground in the Republic of Bosnia and Herzegovina without prior authorization by the Congress; and (2) urges the President to work with our European allies to begin an orderly transition of all peacekeeping functions in the Republic of Bosnia and Herzegovina from the United States to appropriate European countries in preparation for a complete withdrawal of all United States Armed Forces by September 30, 1997. SEC. 3. PROHIBITION OF USE OF DEPARTMENT OF DEFENSE FUNDS OR OTHER FEDERAL DEPARTMENT OR AGENCY FUNDS FOR CONTINUED DEPLOYMENT ON THE GROUND OF ARMED FORCES IN THE TERRITORY OF THE REPUBLIC OF BOSNIA AND HERZEGOVINA. (a) Prohibition.--None of the funds appropriated or otherwise available to the Department of Defense or to any other Federal department or agency may be obligated or expended for the deployment on the ground of United States Armed Forces in the territory of the Republic of Bosnia and Herzegovina after September 30, 1997. (b) Exceptions.--The prohibition contained in subsection (a) shall not apply-- (1) with respect to the deployment of United States Armed Forces after September 30, 1997, but not later than October 31, 1997, for the express purpose of ensuring the safe and timely withdrawal of such Armed Forces from the Republic of Bosnia and Herzegovina; or (2)(A) if the President transmits to the Congress a report containing a request for an extension of deployment of United States Armed Forces for an additional 90 days after the date otherwise applicable under subsection (a); and (B) if a joint resolution is enacted, in accordance with section 4, specifically approving such request. SEC. 4. CONGRESSIONAL CONSIDERATION OF REQUEST BY PRESIDENT FOR 90-DAY EXTENSION OF DEPLOYMENT. (a) Terms of the Resolution.--For purposes of section 3, the term ``joint resolution'' means only a joint resolution that is introduced within the 10-day period beginning on the date on which the President transmits the report to the Congress under such section, and-- (1) which does not have a preamble; (2) the matter after the resolving clause of which is as follows: ``That the Congress approves the request by the President for the extension of the deployment on the ground of United States Armed Forces in the territory of the Republic of Bosnia and Herzegovina for a period ending not later than December 31, 1997, as submitted by the President on ---------- '', the blank space being filled in with the appropriate date; and (3) the title of which is as follows: ``Joint resolution approving the request by the President for an extension of the deployment on the ground of United States Armed Forces in the territory of the Republic of Bosnia and Herzegovina for a period ending not later than December 31, 1997.''. (b) Referral.--A resolution described in subsection (a) that is introduced in the House of Representatives shall be referred to the Committee on International Relations and the Committee on National Security of the House of Representatives. A resolution described in subsection (a) introduced in the Senate shall be referred to the Committee on Foreign Relations and the Committee on Armed Services of the Senate. (c) Discharge.--If the committee to which a resolution described in subsection (a) is referred has not reported such resolution (or an identical resolution) by the end of the 20-day period beginning on the date on which the President transmits the report to the Congress under section 3, such committee shall be, at the end of such period, discharged from further consideration of such resolution, and such resolution shall be placed on the appropriate calendar of the House involved. (d) Consideration.--(1) On or after the third day after the date on which the committee to which such a resolution is referred has reported, or has been discharged (under subsection (c)) from further consideration of, such a resolution, it is in order (even though a previous motion to the same effect has been disagreed to) for any Member of the respective House to move to proceed to the consideration of the resolution. A Member may make the motion only on the day after the calendar day on which the Member announces to the House concerned the Member's intention to make the motion, except that, in the case of the House of Representatives, the motion may be made without such prior announcement if the motion is made by direction of the committee to which the resolution was referred. All points of order against the resolution (and against consideration of the resolution) are waived. The motion is highly privileged in the House of Representatives and is privileged in the Senate and is not debatable. The motion is not subject to amendment, or to a motion to postpone, or to a motion to proceed to the consideration of other business. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the resolution is agreed to, the respective House shall immediately proceed to consideration of the joint resolution without intervening motion, order, or other business, and the resolution shall remain the unfinished business of the respective House until disposed of. (2) Debate on the resolution, and on all debatable motions and appeals in connection therewith, shall be limited to not more than 2 hours, which shall be divided equally between those favoring and those opposing the resolution. An amendment to the resolution is not in order. A motion further to limit debate is in order and not debatable. A motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the resolution is not in order. A motion to reconsider the vote by which the resolution is agreed to or disagreed to is not in order. (3) Immediately following the conclusion of the debate on a resolution described in subsection (a) and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the appropriate House, the vote on final passage of the resolution shall occur. (4) Appeals from the decisions of the Chair relating to the application of the rules of the Senate or the House of Representatives, as the case may be, to the procedure relating to a resolution described in subsection (a) shall be decided without debate. (e) Consideration by Other House.--(1) If, before the passage by one House of a resolution of that House described in subsection (a), that House receives from the other House a resolution described in subsection (a), then the following procedures shall apply: (A) The resolution of the other House shall not be referred to a committee and may not be considered in the House receiving it except in the case of final passage as provided in subparagraph (B)(ii). (B) With respect to a resolution described in subsection (a) of the House receiving the resolution-- (i) the procedure in that House shall be the same as if no resolution had been received from the other House; but (ii) the vote on final passage shall be on the resolution of the other House. (2) Upon disposition of the resolution received from the other House, it shall no longer be in order to consider the resolution that originated in the receiving House. (f) Rules of the Senate and House.--This section is enacted by the Congress-- (1) as an exercise of the rulemaking power of the Senate and House of Representatives, respectively, and as such it is deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of a resolution described in subsection (a), and it supersedes other rules only to the extent that it is inconsistent with such rules; and (2) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House. SEC. 5. PROHIBITION OF USE OF DEPARTMENT OF DEFENSE FUNDS OR OTHER FEDERAL DEPARTMENT OR AGENCY FUNDS FOR LAW ENFORCEMENT OR RELATED ACTIVITIES IN THE TERRITORY OF THE REPUBLIC OF BOSNIA AND HERZEGOVINA. None of the funds appropriated or otherwise available to the Department of Defense or to any other Federal department or agency may be obligated or expended after the date of the enactment of this Act for the following: (1) Conduct of, or direct support for, law enforcement activities in the Republic of Bosnia and Herzegovina, except for the training of law enforcement personnel or to prevent imminent loss of life. (2) Conduct of, or support for, any activity in the Republic of Bosnia and Herzegovina that may have the effect of jeopardizing the primary mission of the United Nations-led Stabilization Force in preventing armed conflict between the Federation of Bosnia and Herzegovina and the Republika Srpska (``Bosnian Entities''). (3) Transfer of refugees within the Republic of Bosnia and Herzegovina that, in the opinion of the commander of the Stabilization Force involved in such transfer-- (A) has as one of its purposes the acquisition of control by a Bosnian Entity of territory allocated to the other Bosnian Entity under the Dayton Peace Agreement; or (B) may expose United States Armed Forces to substantial risk to their personal safety. (4) Implementation of any decision to change the legal status of any territory within the Republic of Bosnia and Herzegovina unless expressly agreed to by all signatories to the Dayton Peace Agreement. SEC. 6. REPORT. (a) In General.--Not later than June 30, 1997, the President shall prepare and transmit to the Congress a report on the deployment on the ground of United States Armed Forces in the territory of the Republic of Bosnia and Herzegovina. The report shall contain the following: (1) A description of the extent to which compliance has been achieved with the requirements relating to United States activities in the Republic of Bosnia and Herzegovina contained in Public Law 104-122 (110 Stat. 876). (2)(A) An identification of the specific steps taken, if any, by the United States Government to transfer the United States portion of the peacekeeping mission in the Republic of Bosnia and Herzegovina to appropriate European organizations, such as a combined joint task force of NATO, the Western European Union, or the Conference on Security and Cooperation in Europe. (B) A description of any deficiencies in the capabilities of such European organizations to conduct peacekeeping activities in the Republic of Bosnia and Herzegovina and a description of the actions, if any, that the United States Government is taking in cooperation with such organizations to remedy such deficiencies. (3) An identification of the following: (A) The goals of the Stabilization Force and the criteria for achieving those goals. (B) The measures that are being taken to protect United States Armed Forces personnel from conventional warfare, unconventional warfare, or terrorist attacks in the Republic of Bosnia and Herzegovina. (C) The exit strategy for the withdrawal of United States Armed Forces from the Republic of Bosnia and Herzegovina in the event of civil disturbances or overt warfare. (D) The exit strategy and timetable for the withdrawal of United States Armed Forces from the Republic of Bosnia and Herzegovina in the event the Stabilization Force successfully completes its mission, including whether or not a follow-on force will succeed the Stabilization Force after the proposed withdrawal date announced by the President of June 1998. (b) Form of Report.--The report described in subsection (a) shall be transmitted in unclassified and classified versions. SEC. 7. DEFINITIONS. As used in this Act: (1) Bosnian entities.--The term ``Bosnian Entities'' means the Federation of Bosnia and Herzegovina and the Republika Srpska. (2) Dayton peace agreement.--The term ``Dayton Peace Agreement'' means the General Framework Agreement for Peace in Bosnia and Herzegovina, initialed by the parties in Dayton, Ohio, on November 21, 1995, and signed in Paris on December 14, 1995. (3) Implementation force.--The term ``Implementation Force'' means the NATO-led multinational military force in the Republic of Bosnia and Herzegovina (commonly referred to as ``IFOR''), authorized under the Dayton Peace Agreement. (4) NATO.--The term ``NATO'' means the North Atlantic Treaty Organization. (5) Stabilization force.--The term ``Stabilization Force'' means the United Nations-led follow-on force to the Implementation Force in the Republic of Bosnia and Herzegovina and other countries in the region (commonly referred to as ``SFOR''), authorized under United Nations Security Council Resolution 1088 (December 12, 1996).

United States Armed Forces in Bosnia Protection Act of 1997 - Prohibits any funds appropriated or otherwise available to the Department of Defense (DOD) or any other Federal department or agency from being obligated or expended for the deployment on the ground of U.S. armed forces in the territory of the Republic of Bosnia and Herzegovina after September 30, 1997. Provides exceptions: (1) for the deployment of troops to aid in troop withdrawal; or (2) if the President transmits to the Congress a request for a deployment extension for an additional 90 days after such deadline and a joint resolution is enacted approving such request. Outlines congressional procedures for the consideration of such request. Prohibits DOD or other Federal funds from being obligated or expended for: (1) the conduct of, or support for, any law enforcement activities in Bosnia and Herzegovina, with an exception for the training of law enforcement personnel or to prevent imminent loss of life; (2) any activity that may jeopardize the primary mission of the United Nations-led Stabilization Fore in preventing armed conflict there; (3) the transfer of refugees within the Republic that has a purpose of acquiring control by one Bosnian entity of territory allocated to another or that may expose U.S. armed forces to substantial risk; or (4) implementation of any decision to change the legal status of any territory within the Republic unless expressly agreed to by all signatories to the Dayton Peace Agreement. Requires a report from the President to the Congress on the ground deployment of U.S. forces in Bosnia and Herzegovina.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Establishing The House Independent Commission on Standards Act''. SEC. 2. ESTABLISHMENT OF HOUSE ETHICS COMMISSION. (a) Establishment.--There is established an independent ethics commission within the legislative branch of the Government to be known as The House Independent Commission on Standards (in this Act referred to as the ``Commission''). (b) Membership and Terms of Office.--(1) The Commission shall consist of 8 individuals. Four members shall be appointed by the Republican leader, of whom 2 shall be former Democratic Members and 4 members shall be appointed by the Democratic leader of the House of Representatives, of whom 2 shall be former Republican Members. Except as provided by paragraph (2), the terms of all members of the Commission shall be 4 years. (2) Of the members first appointed-- (A) 2 appointed by each leader shall be for a term of 4 years; and (B) 2 appointed by each leader shall be for a term of 6 years; as designated by each such leader at the time of appointment. (3) No individual who has been a Member of the House may be appointed to the Commission sooner than 2 years after the ceasing to be a Member of the House. (c) Chairman and Vice Chairman.--The chairman and the vice chairman of the Commission shall be selected by the members of the Commission at its first meeting. (d) Disqualifications for Appointments.-- (1) Lobbying.--No individual who has been a lobbyist registered under the Lobbying Disclosure Act of 1995 or engages in, or is otherwise employed in, lobbying of the Congress or who is an agent of a foreign principal registered under the Foreign Agents Registration Act within the 4-year period immediately preceding appointment shall be eligible for appointment to, or service on, the Commission. (2) Incompatible office.--No member of the Commission appointed under subsection (b) may be an elected public official or an officer or employee of the Government. (3) Financial benefit.--No member of the Commission appointed under subsection (b) may serve on the board or be an officer of any entity that has a direct financial interest in any matter before the House of Representatives. (e) Vacancies.--A vacancy on the Commission shall be filled in the manner in which the original appointment was made. (f) Compensation.--Members shall each be entitled to receive the daily equivalent of the maximum annual rate of basic pay in effect for Level III of the Executive Schedule for each day (including travel time) during which they are engaged in the actual performance of duties vested in the Commission. (g) Quorum.--A majority of the members of the Commission shall constitute a quorum. (h) Meetings.--The Commission shall meet at the call of the chairman or a majority of its members. SEC. 3. DUTIES OF COMMISSION. The Commission is authorized-- (1) to investigate any alleged violation, by a Member, officer, or employee of the House of Representatives, of any law, rule, regulation, or other standard of conduct applicable to the conduct of such Member, officer, or employee in the performance of his duties or the discharge of his responsibilities, and after notice and hearing (unless the right to a hearing is waived by the Member, officer, or employee), shall report to the House of Representatives its findings of fact and recommendations, if any, upon the final disposition of any such investigation, and such action as the Commission may deem appropriate in the circumstances; (2) to issue any letter of admonishment with respect to such an alleged violation; (3) to report to the appropriate Federal or State authorities any substantial evidence of a violation, by a Member, officer, or employee of the House of Representatives, of any law applicable to the performance of his duties or the discharge of his responsibilities, which may have been disclosed in a Commission investigation; and (4) to adopt rules governing its procedures to provide protections to respondents comparable to those that were provided by clause 3 of rule XI of the Rules of the House of Representatives in effect immediately before the amendments to such rule made by section 8. SEC. 4. POWERS OF COMMISSION. (a) Hearings and Evidence.--The Commission or, on the authority of the Commission, the chairman or vice chairman, may, for the purpose of carrying out this Act-- (1) hold such hearings and sit and act at such times and places, take such testimony, receive such evidence, administer such oaths; and (2) subject to subsection (b), require, by subpoena or otherwise, the attendance and testimony of such witnesses and the production of such books, records, correspondence, memoranda, papers, and documents, as the Commission or the chairman or vice chairman may determine advisable. (b) Subpoenas.-- (1) Prior written authorization.--A subpoena may be issued only upon the prior written approval of the chairman and ranking minority member of the Committee on Standards of Official Conduct. (2) Issuance.--A subpoena may be issued only under the signature of the chairman or the vice chairman, and may be served by any person designated by the chairman or the vice chairman. (c) Obtaining Information.--Upon request of the Commission, the head of any agency or instrumentality of the Government shall furnish information deemed necessary by the panel to enable it to carry out its duties. SEC. 5. PROCEDURAL RULES. (a) Majority Approval.--No report or recommendation relating to the official conduct of a Member, officer, or employee of the House of Representatives shall be made by the Commission, and no investigation of such conduct shall be undertaken by the Commission, unless approved by the affirmative vote of a majority of the members of the Commission. (b) Investigations.--Except in the case of an investigation undertaken by the Commission on its own initiative, the Commission may undertake an investigation relating to the official conduct of an individual Member, officer, or employee of the House of Representatives only-- (1) upon receipt of a complaint, in writing and under oath, made by or submitted to a Member of the House of Representatives and transmitted to the Commission by such Member, or (2) upon receipt of a complaint from the Committee on Standards of Official Conduct of the House of Representatives, in writing and under oath, made by that committee. (c) Submissions.--(1) Any individual may submit a letter to the Commission requesting that it undertake an investigation on its own initiative of any alleged violation by a Member, officer, or employee of the House of Representatives, of any law, rule, regulation, or other standard of conduct applicable to the conduct of such Member, officer, or employee in the performance of his duties or the discharge of his responsibilities. (2) The Commission shall make available forms to be used in the submission of letters under paragraph (1). (3) The submission of a letter to the Commission under paragraph (1) does not necessitate any action by the Commission. (4) The Commission is authorized to adopt rules to establish procedures for the consideration of submissions, including a time frame for their consideration. (5) The Commission shall adopt a rule not to commence an investigation if it finds that the complaint or submission respecting that investigation is frivolous, and shall file a public report on such a complaint or submission with the Committee on Standards of Official Conduct. (d) Prohibition of Certain Investigations.--No investigation shall be undertaken by the Commission of any alleged violation of a law, rule, regulation, or standard of conduct not in effect at the time of the alleged violation. (e) Effect of Elections.--If the Commission receives any complaint or submission within 90 days before an election in which the subject of the complaint or submission is a candidate, the Commission shall delay consideration of that matter until after such election. (f) Disclosure.--No information or testimony received, or the contents of a complaint or the fact of its filing, shall be publicly disclosed by any member of the Commission or staff of the Commission unless specifically authorized in each instance by a vote of the Commission. SEC. 6. STAFF OF COMMISSION. The Commission may appoint and fix the compensation of a Staff Director and such other staff as the Commission considers necessary to perform its duties. The Staff Director shall be appointed jointly by the Speaker and minority leader and shall be paid at a rate not to exceed the rate of basic pay payable for Level III of the Executive Schedule. SEC. 7. ACTION ON COMMISSION RECOMMENDATIONS. (a) Printing of Reports in Congressional Record.--Upon receipt by the Committee on Standards of Official Conduct of the House of Representatives of any report of the Commission, the Speaker of the House of Representatives shall have the report printed in the Congressional Record. (b) House Consideration of Independent Ethics Commission Recommendations.--Within 14 calendar days after a report referred to in subsection (a) is printed in the Congressional Record, that portion of the report recommending action by the House of Representatives respecting any alleged violation, by a Member, officer, or employee of the House of Representatives, of any law, rule, regulation, or other standard of conduct applicable to the conduct of such Member, officer, or employee in the performance of his duties or the discharge of his responsibilities shall be introduced (by request) in the House by the Speaker of the House, for himself and the minority leader of the House in the form of a resolution. This resolution shall constitute a question of privilege under rule IX of the Rules of the House of Representatives. Any Member favoring the resolution may call it up as a question of privilege but only on the third day after the calendar date upon which such Member announces to the House his intention to do so. SEC. 8. AMENDMENTS TO THE RULES OF THE HOUSE TO CHANGE THE DUTIES OF THE COMMITTEE ON STANDARDS OF OFFICIAL CONDUCT. (a) House Rules Amendments.--Clause 3 of rule XI of the Rules of the House of Representatives is amended as follows: (1) In paragraph (a), strike subparagraphs (1), (2), and (3), and redesignate subparagraphs (4), (5), and (6), as subparagraphs (1), (2), and (3), respectively. (2)(A) Paragraph (b)(1) is amended by striking ``(A)'', by striking ``a resolution, report, recommendation, or'' and inserting ``an'', and by striking ``, or, except as provided in subparagraph (2), undertake an investigation'', and by striking subdivision (B). (B) Paragraph (b) is further amended by striking subparagraphs (2), (3), (4), and (5) and by redesignating subparagraphs (6) and (7) as subparagraphs (2) and (3), respectively. (3) Strike paragraphs (j) (k), (l), (m), (n), (o), (p), and (q). (b) Conforming Amendments.--Section 803 of the Ethics Reform Act of 1989 (2 U.S.C. 29d) is amended by striking subsections (c) and (d). SEC. 9. EFFECTIVE DATE. This Act shall take effect immediately before noon January 3, 2009.

Establishing The House Independent Commission on Standards Act - Establishes within the legislative branch The House Independent Commission on Standards. Amends Rule XI (Procedures of Committees and Unfinished Business) of the Rules of the House of Representatives to transfer to the Commission certain recommendations for administrative action and investigative duties of the Committee on Standards of Official Conduct regarding Members, Delegates, the Resident Commissioner, and House officers and employees.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Personal Health Investment Today Act of 2015'' or the ``PHIT Act of 2015''. SEC. 2. PURPOSE. The purpose of this Act is to promote health and prevent disease, particularly diseases related to being overweight and obese, by-- (1) encouraging healthier lifestyles; (2) providing financial incentives to ease the financial burden of engaging in healthy behavior; and (3) increasing the ability of individuals and families to participate in physical fitness activities. SEC. 3. CERTAIN AMOUNTS PAID FOR PHYSICAL ACTIVITY, FITNESS, AND EXERCISE TREATED AS AMOUNTS PAID FOR MEDICAL CARE. (a) In General.--Paragraph (1) of section 213(d) of the Internal Revenue Code of 1986 is amended by striking ``or'' at the end of subparagraph (C), by striking the period at the end of subparagraph (D) and inserting ``, or'', and by inserting after subparagraph (D) the following new subparagraph: ``(E) for qualified sports and fitness expenses.''. (b) Qualified Sports and Fitness Expenses.--Subsection (d) of section 213 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(12) Qualified sports and fitness expenses.-- ``(A) In general.--The term `qualified sports and fitness expenses' means amounts paid exclusively for the sole purpose of participating in a physical activity including-- ``(i) for membership at a fitness facility, ``(ii) for participation or instruction in physical exercise or physical activity, or ``(iii) for equipment used in a program (including a self-directed program) of physical exercise or physical activity. ``(B) Overall dollar limitation.--The aggregate amount treated as qualified sports and fitness expenses with respect to any taxpayer for any taxable year shall not exceed $1,000 ($2,000 in the case of a joint return or a head of household (as defined in section 2(b))). ``(C) Fitness facility.--For purposes of subparagraph (A)(i), the term `fitness facility' means a facility-- ``(i) that provides instruction in a program of physical exercise, offers facilities for the preservation, maintenance, encouragement, or development of physical fitness, or serves as the site of such a program of a State or local government, ``(ii) which is not a private club owned and operated by its members, ``(iii) which does not offer golf, hunting, sailing, or riding facilities, ``(iv) the health or fitness component of which is not incidental to its overall function and purpose, and ``(v) which is fully compliant with the State of jurisdiction and Federal anti- discrimination laws. ``(D) Treatment of exercise videos, etc.--Videos, books, and similar materials shall be treated as described in subparagraph (A)(ii) if the content of such materials constitutes instruction in a program of physical exercise or physical activity. ``(E) Limitations related to sports and fitness equipment.--Amounts paid for equipment described in subparagraph (A)(iii) shall be treated as qualified sports and fitness expenses only-- ``(i) if such equipment is utilized exclusively for participation in fitness, exercise, sport, or other physical activity, ``(ii) in the case of amounts paid for apparel or footwear, if such apparel or footwear is of a type that is necessary for, and is not used for any purpose other than, a specific physical activity, and ``(iii) in the case of amounts paid for any single item of sports equipment (other than exercise equipment), to the extent such amounts do not exceed $250. ``(F) Programs which include components other than physical exercise and physical activity.--Rules similar to the rules of paragraph (6) shall apply in the case of any program that includes physical exercise or physical activity and also other components. For purposes of the preceding sentence, travel and accommodations shall be treated as a separate component.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.

Personal Health Investment Today Act of 2015 or the PHIT Act of 2015 This bill amends the Internal Revenue Code to allow a medical care tax deduction for up to $1,000 ($2,000 for a joint return or a head of household) of qualified sports and fitness expenses. The bill defines "qualified sports and fitness expenses" as amounts paid exclusively for the sole purpose of participating in a physical activity, including: (1) for membership at a fitness facility, (2) for participation or instruction in physical exercise or activity, or (3) for equipment used in a program (including a self-directed program) of physical exercise or activity.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Access to Congressionally Mandated Reports Act''. SEC. 2. ESTABLISHMENT OF WEBSITE FOR CONGRESSIONALLY MANDATED REPORTS. (a) Requirement To Establish Website.--Not later than one year after the date of the enactment of this Act, the Public Printer shall establish and maintain a website accessible by the public that allows the public to obtain electronic copies of all congressionally mandated reports in one place. The Public Printer may publish other reports on such website. (b) Content and Function.--The Public Printer shall ensure that the website required under subsection (a) includes the following: (1) With respect to each congressionally mandated report, each of the following: (A) A citation to the statute or conference report requiring the report. (B) An electronic copy of the report, including any transmittal letter associated with the report, in an open format that is platform independent and that is available to the public without restrictions, including restrictions that would impede the re-use of the information in the report. (C) The ability to retrieve a report, to the extent practicable, through searches based on each, and any combination, of the following: (i) The title of the report. (ii) The reporting Federal agency. (iii) The date of publication. (iv) Each congressional committee receiving the report, if applicable. (v) Subject tags. (vi) The serial number, Superintendent of Documents number, or other identification number for the report, if applicable. (vii) The statute or conference report requiring the report. (viii) Key words. (ix) Full text search. (x) Any other relevant information specified by the Public Printer. (D) The time and date when the report was required to be submitted, and when the report was submitted, to the website. (E) Access to the report not later than 30 calendar days after its submission to Congress. (F) To the extent practicable, a permanent means of accessing the report electronically. (2) A means for bulk download of all congressionally mandated reports or a selection of reports retrieved using a search. (3) A means for the head of each Federal agency to publish on the website each congressionally mandated report of the agency, as required by section 3. (4) A list form for all congressionally mandated reports that can be searched, sorted, and downloaded by-- (A) reports submitted within the required time; (B) reports submitted after the date on which such reports were required to be submitted; and (C) reports not submitted. (c) Free Access.--The Public Printer may not charge a fee, require registration, or impose any other limitation in exchange for access to the website required under subsection (a). (d) Upgrade Capability.--The website required under subsection (a) shall be enhanced and updated as necessary to carry out the purposes of this Act. SEC. 3. FEDERAL AGENCY RESPONSIBILITIES. (a) Submission of Electronic Copies of Reports.--The head of each Federal agency shall publish congressionally mandated reports of the agency on the website required under section 2(a)-- (1) in an open format that is platform independent, machine readable, and available to the public without restrictions (except the redaction of information described under section 5), including restrictions that would impede the re-use of the information in the reports; and (2) in accordance with the guidance issued under subsection (c). (b) Submission of Additional Information.--The head of each Federal agency shall submit to the Public Printer the information required under subparagraphs (A) through (D) of section 2(b)(1) with respect to each congressionally mandated report published pursuant to subsection (a). (c) Guidance.--Not later than eight months after the date of the enactment of this Act, the Director of the Office of Management and Budget, in consultation with the Public Printer, shall issue guidance to agencies on the implementation of this Act. SEC. 4. RELATIONSHIP TO REQUIREMENTS TO SUBMIT REPORTS TO CONGRESS. (a) Compliance With Statutory Requirement To Submit Reports.-- Notwithstanding any other provision of law, a Federal agency is deemed to have complied with a statutory requirement to submit a report to Congress if the agency completes each of the following, with respect to such report: (1) Publishes a complete and unredacted copy on the website required under section 2(a). (2) Notifies the Clerk of the House of Representatives, the Secretary of the Senate, and each congressional committee to which a report must be submitted of the report's availability on the website. (b) Removing and Altering Reports.--A report submitted to be published to the website required under section 2(a) may only be changed or removed, with the exception of technical changes, by the Federal agency with the express, written consent of each congressional committee to which the report must be submitted. SEC. 5. RELATIONSHIP TO FREEDOM OF INFORMATION ACT. Nothing in this Act shall be construed to require the disclosure of information or records that are exempt from public disclosure under section 552 of title 5, United States Code. If any information in a congressionally mandated report may not be publicly released under section 552(b) of title 5, United States Code, the Federal agency concerned shall redact from the report submitted to be published on the website established under section 2 only such information, shall indicate where such redactions were made in the report, and shall identify the exemption under which each such redaction is made. SEC. 6. DEFINITIONS. In this Act: (1) Congressionally mandated report.--The term ``congressionally mandated report'' means a report that is required to be submitted to either House of Congress or any committee of Congress by statute or by a conference report that accompanies legislation enacted into law. (2) Federal agency.--The term ``Federal agency'' has the meaning given that term under section 102 of title 40, United States Code, but does not include the Government Accountability Office. SEC. 7. IMPLEMENTATION. Except as provided in section 3(c), this Act shall be implemented not later than one year after the date of the enactment of this Act and shall apply with respect to congressionally mandated reports submitted to Congress on or after the date occurring one year after such date of enactment.

Access to Congressionally Mandated Reports Act - (Sec. 2) Requires the Public Printer (GPO) to establish and maintain a website accessible by the public for obtaining electronic copies of all congressionally mandated reports in one place. Prohibits GPO from charging a fee, requiring registration, or imposing any other limitation in exchange for access to the website. Requires that such website provide, with respect to each congressionally mandated report: (1) a citation to the statute or conference report requiring the report; (2) an electronic copy of the report, including any transmittal letter; (3) the ability to retrieve a report through searches based on the title of the report, the reporting federal agency, the date of publication, each congressional committee receiving the report, and other search data; (4) the time and date when the report was required to be submitted and when it was submitted to the website; (5) access to the report not later than 30 calendar days after its submission to Congress; and (6) a permanent means of accessing the report electronically. Requires such website to include: (1) a means for bulk download of all congressionally mandated reports or a selection of reports retrieved using a search; (2) a means for each agency head to publish on the website each congressionally mandated agency report; and (3) a list form for all reports that can be searched, sorted, and downloaded by reports submitted within the required time, reports submitted after their required date of submission, and reports not submitted. (Sec. 3) Requires the head of each federal agency to publish the agency's congressionally mandated reports on the website in an open format that is platform independent, machine readable, and available to the public without restrictions, including restrictions that would impede the reuse of information in the reports. Requires the Director of the Office of Management and Budget (OMB) to issue guidance to agencies on the implementation of this Act. (Sec. 4) Deems a federal agency to have complied with a statutory requirement to submit a report to Congress if the agency: (1) publishes a complete and unredacted copy on the website established by this Act; and (2) notifies the Clerk of the House of Representatives, the Secretary of the Senate, and each congressional committee to which a report must be submitted of the report's availability on the website. Prohibits any report posted on the website from being changed or removed, with the exception of technical changes, without the express, written consent of each such congressional committee. (Sec. 5) Provides that nothing in this Act shall be construed to require the disclosure of information or records that are exempt from public disclosure under the Freedom of Information Act (FOIA). Requires agencies to redact from reports information that may not be publicly released, to indicate where such redactions are made in the report, and to identify the exemption under which each redaction is made. (Sec. 6) Defines "congressionally mandated report" as a report that is required to be submitted to either chamber of Congress or any committee of Congress by statute or by a conference report that accompanies legislation enacted into law. (Sec. 7) Requires this Act to be implemented not later than one year after its enactment.

SECTION 1. FINDINGS AND DECLARATION OF POLICY. (a) Findings.--The Congress makes the following findings: (1)(A) With increasing regional integration, the value of Caribbean trade for the United States is well established. (B) Collectively, it is estimated that the 24 countries of the Caribbean Basin represent a market of more than 50,000,000 people that has become the tenth largest destination for United States goods and services. (2) Although the expansion of democracy throughout most of the Western Hemisphere has brought economic liberalization and reform, assistance is still required to continue the reforms and to diversify and stimulate investment in the Caribbean Basin region. (3) While progress has been made by many of the Caribbean Basin countries in areas that coincide with the security, economic, and humanitarian interests of the United States, much more needs to be done. (4)(A) The Castro regime in Cuba is not a democratically elected government. It systemically violates the individual civil liberties and human rights of its citizens, does not have a market-oriented economy, and has made it abundantly clear that it will not engage in any substantive reforms that would lead to a democracy and market economy for Cuba. (B) The totalitarian nature of the Castro regime has deprived the Cuban people of any peaceful means to improve their condition and has led thousands of Cuban citizens to risk or lose their lives in dangerous attempts to escape from Cuba to freedom. (5) Since the beginning of the Castro regime, it has been the policy of the United States to isolate and sanction this totalitarian regime. (b) Declaration of Policy.--The Congress declares the following: (1) United States trade policy must be consistent with United States foreign policy and recipients of foreign assistance must be held accountable for decisions that run contrary, or could endanger, United States interests and objectives in the Western Hemisphere. (2) Safeguard mechanisms must be established to ensure that United States foreign assistance or United States trade agreements with other countries are not used in any way to benefit the Castro regime. SEC. 2. WITHHOLDING OF UNITED STATES ASSISTANCE TO CARIBBEAN BASIN INITIATIVE COUNTRIES THAT OFFER SUPPORT FOR MEMBERSHIP FOR THE GOVERNMENT OF CUBA INTO CARICOM OR CACM. Beginning 90 days after the date of the enactment of this Act, the President shall withhold assistance under the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) (other than humanitarian assistance) to any Caribbean Basin Initiative country that uses its voice or vote in the Caribbean Community (CARICOM) or the Central American Common Market (CACM) to support provisional, permanent, or any other form of membership for the Government of Cuba into CARICOM or CACM. SEC. 3. PROHIBITION ON PROVISION OF CERTAIN TARIFF TREATMENT TO CARIBBEAN BASIN INITIATIVE COUNTRIES THAT OFFER MEMBERSHIP FOR THE GOVERNMENT OF CUBA INTO CARICOM OR CACM OR THAT NEGOTIATE A FREE TRADE AREA AGREEMENT WITH CUBA. Beginning 90 days after the date of the enactment of this Act, the President shall deny temporary or permanent tariff treatment to products of a Caribbean Basin Initiative country that is equivalent to treatment provided to products of a NAFTA country if such Caribbean Basin Initiative country-- (1) uses its voice or vote in CARICOM or CACM to support provisional, permanent, or any other form of membership for the Government of Cuba into CARICOM or CACM; or (2) enters into negotiations with the Government of Cuba toward a free trade area agreement with Cuba. SEC. 4. DEFINITIONS. As used in this Act: (1) CACM.--The term ``CACM'' means the Central American Common Market established by the 1960 General Treaty on Central American Economic Integration. (2) Caribbean basin initiative country.--The term ``Caribbean Basin Initiative country'' means a country designated as a beneficiary country under section 212 of the Caribbean Basin Economic Recovery Act for purposes of title II of such Act. (3) CARICOM.--The term ``CARICOM'' means the Caribbean Community established by the 1973 Treaty of Chaguaramas. (4) Government of cuba.--The term ``Government of Cuba''-- (A) includes any agency or instrumentality of the Government of Cuba, and the government of any political subdivision of Cuba; and (B) does not include-- (i) a transition government in Cuba, as described in section 205 of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996; or (ii) a democratically elected government in Cuba, as described in section 206 of such Act. (5) NAFTA country.--The term ``NAFTA country'' has the meaning given such term in section 2 of the North American Free Trade Agreement Implementation Act.

Directs the President to withhold foreign assistance funds (other than humanitarian assistance) to any Caribbean Basin Initiative (CBI) country that uses its voice or vote in the Caribbean Community (CARICOM) or the Central American Common Market (CACM) to support provisional or permanent membership for Cuba in CARICOM or CACM. Directs the President to deny temporary or permanent tariff treatment of products of a CBI country that is equivalent to treatment provided to products of a North American Free Trade Agreement (NAFTA) country if such CBI country: (1) uses its voice or vote to support provisional or permanent membership for Cuba in CARICOM or CACM; or (2) enters into negotiations for a free trade area agreement with Cuba.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Deposit Insurance Reduction Act of 1993''. SEC. 2. REDUCTION IN DEPOSIT INSURANCE FROM $100,000 TO $25,000. (a) FDIC Insured Depository Institutions.-- (1) In general.--Section 11(a)(1)(B) of the Federal Deposit Insurance Act (12 U.S.C. 1821(a)(1)(B)) is amended by striking ``$100,000'' and inserting ``$25,000''. (2) Trust funds.-- (A) In general.--Section 7(i) of the Federal Deposit Insurance Act (12 U.S.C. 1817(i)) is amended by striking ``$100,000'' and inserting ``$25,000''. (B) Subsequent amendment.--Effective on the effective date of the amendment made by section 311(b)(3) of the Federal Deposit Insurance Corporation Improvement Act of 1991, section 7(i)(1) of the Federal Deposit Insurance Act (as amended by such section 311(b)(3)) is amended by striking ``$100,000'' and inserting ``$25,000''. (3) Other limits on deposit insurance.-- (A) In general.--Paragraphs (2)(A) and (3) of section 11(a) of the Federal Deposit Insurance Act (12 U.S.C. 1821(a)) are amended by striking ``$100,000'' each place such term appears and inserting ``$25,000''. (B) Subsequent amendment.--Effective on the effective date of the amendment made by section 311(b)(2) of the Federal Deposit Insurance Corporation Improvement Act of 1991, section 11(a)(3)(A) of the Federal Deposit Insurance Act (as amended by such section 311(b)(2)) is amended by striking ``$100,000'' and inserting ``$25,000''. (4) Effective date.--The amendments made by paragraphs (1), (2), and (3) shall take effect at the end of the 60-day period beginning on the date of the enactment of this Act. (5) Transition period.--Notwithstanding the amendments made by paragraphs (1), (2), and (3), if the total amount of insured deposits of any depositor at any insured depository institution (determined as of the close of business on the day before the effective date of such amendments under paragraph (4)) exceeds $25,000, such excess amount may continue to be treated, in accordance with regulations which the Federal Deposit Insurance Corporation shall prescribe, as insured deposits in the manner provided in section 8(a)(7) of the Federal Deposit Insurance Act during the 1-year period beginning on such effective date. (6) Notice.--The Federal Deposit Insurance Corporation shall require, by regulation, each insured depository institution to provide notice to each accountholder at such institution before the end of the 60-day period described in paragraph (4) of-- (A) the reduction in the amount of deposit insurance available on deposits at the institution; and (B) the transition rules prescribed pursuant to paragraph (5). (7) Enforcement.--For purposes of enforcing any requirement of this subsection or any regulation prescribed by the Federal Deposit Insurance Corporation pursuant to this subsection, such Corporation shall be treated as the appropriate Federal banking agency for any insured depository institution. (8) Insured depository institutions defined.--For purposes of this subsection, the term ``insured depository institution'' has the meaning given to such term in section 3(c)(2) of the Federal Deposit Insurance Act. (b) NCUA Insured Credit Unions.-- (1) In general.--Paragraphs (1), (2)(A), and (3) of section 207(k) of the Federal Credit Union Act (12 U.S.C. 1787(k)) are amended by striking ``$100,000'' each place such term appears and inserting ``$25,000''. (2) Effective date.--The amendments made by paragraph (1) shall take effect at the end of the 60-day period beginning on the date of the enactment of this Act. (3) Transition period.--Notwithstanding the amendments made by paragraph (1), if the total amount of insured deposits of any accountholder at any insured credit union (determined as of the close of business on the day before the effective date of such amendments under paragraph (2)) exceeds $25,000, such excess amount may continue to be treated, in accordance with regulations which the National Credit Union Administration shall prescribe, as insured deposits in the manner provided in section 206(d)(1) of the Federal Credit Union Act during the 1- year period beginning on such effective date. (4) Notice.--The National Credit Union Administration shall require, by regulation, each insured credit union to provide notice to each accountholder at such credit union before the end of the 60-day period described in paragraph (2) of-- (A) the reduction in the amount of deposit insurance available on deposits at the credit union; and (B) the transition rules prescribed pursuant to paragraph (3). (c) Regulations.--The Board of Directors of the Federal Deposit Insurance Corporation and the National Credit Union Administration Board shall prescribe regulations necessary to carry out this section.

Deposit Insurance Reduction Act of 1993 - Amends the Federal Deposit Insurance Act and the Federal Credit Union Act to reduce the amount of insured deposits from $100,000 to $25,000.

SECTION 1. SHORT TITLE. This Act may be cited as the ``School Meal Enhancement Act of 2009''. SEC. 2. DEFINITIONS. In this Act: (1) Eligible school.--The term ``eligible school'' means any school that is-- (A) eligible to participate in the National School Lunch Program established under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751) and the National School Breakfast Program established under the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.); (B) meets the participation threshold described in section 3(a); and (C) agrees to provide free meals to all enrolled students through the school-wide paperless free school meal program. (2) Estimated eligibility rate.--The term ``estimated eligibility rate'' means the percentage of a school's enrolled students eligible for free or reduced price meals under the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) and the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.) determined-- (A) in accordance with the guidance issued by the Secretary under section 3(a)(2)(B)(ii); or (B) through a method for determining the number of students eligible for free or reduced price meals approved within the last 4 years under section 18(c) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1769(c)). (3) School-wide paperless free school meal program.--The term ``school-wide paperless free school meal program'' means a program to provide, to all enrolled students in a participating school, without requiring the use of paper applications to determine eligibility for-- (A) free or reduced price school breakfasts under the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.); and (B) free or reduced price school lunches under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.). (4) Local educational agency.--The term ``local educational agency'' has the meaning given such term under section 12 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1760). (5) Participating school.--The term ``participating school'' means an eligible school that has been selected to participate in the school-wide paperless free school meal program by its local educational agency in accordance with the guidance issued under section 3(a). (6) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. SEC. 3. THE SCHOOL-WIDE PAPERLESS FREE SCHOOL MEAL PROGRAM. (a) Duties of the Secretary.-- (1) Program implementation.--Not later than the July 1 following date of publication of the final guidance issued under this subsection, the Secretary shall implement the school-wide paperless free school meal program in accordance with the requirements of this Act. (2) Guidance.-- (A) In general.--The Secretary shall publish in the Federal Register and post on the website of the Department of Agriculture-- (i) not later than 6 months after the date of enactment of this Act, for comment draft guidance for local educational agencies and participating schools on the requirements for carrying out the school-wide paperless free price school meal program; and (ii) not later than 9 months after the date of the enactment of this Act, final guidance for carrying out such program. (B) Requirements of the guidance.-- (i) Participation threshold.--The Secretary shall issue guidance that describes how a local educational agency shall demonstrate to the Secretary that an eligible school meets the participation threshold of-- (I) at least 65 percent estimated eligibility rate for free meals under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.) and the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.); or (II) at least 75 percent estimated eligibility rate for free and reduced price meals under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.). (ii) Guidance on estimated eligibility rate.--The Secretary shall issue guidance that establishes an alternate, paperless method of determining an estimated eligibility rate. In issuing such guidance, the Secretary shall balance cost-effectiveness with obtaining an accurate estimated eligibility rate and take into account-- (I) the number of students who are certified as eligible for free meals under section 9(b)(4) of the Richard B. Russell School Lunch Act (42 U.S.C. 1758(b)(4)) at each eligible school; (II) the number of students determined to be eligible for free or reduced price meals at each eligible school within the last 3 years on the basis of completed household applications (as defined in section 9(b)(3)(A) of the Richard B. Russell School Lunch Act 1758(b)(3)(A)); (III) the most recent income and poverty data available from reliable data sources, including-- (aa) income and poverty statistics provided by the Small Area Income and Poverty Estimates program of the Bureau of the Census of the Department of Commerce; (bb) data provided by the American Community Survey of the Bureau of the Census of the Department of Commerce; (cc) determinations under section 1124(c)(2) of the Elementary and Secondary Education Act (20 U.S.C. 6333(c)(2)); (dd) data from other Federal, State, or local means- tested programs, such as the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) or the State Medicaid program under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.); and (ee) other data sources the Secretary deems to be reliable; and (IV) any local educational agency- wide data that the Secretary determines can be used to make statistically sound assumptions regarding the estimated eligibility rates for schools under its jurisdiction. (iii) Survey.--The guidance issued under clause (ii) may also provide for phone and door to door sampling to be required when determining the estimated eligibility rate in order to increase the accuracy rate of the estimate. Any phone and door to door sampling requirement shall not be more than what is required for the estimated eligibility rate to reach a 95 percent statistical confidence interval about the estimate of no more than plus or minus 2 percentage points. This limitation shall not restrict local education agencies from choosing to conduct higher percentages of phone and door to door sampling. (iv) Evaluation of the eligibility rate.-- The Secretary shall issue guidance-- (I) requiring each local educational agency participating in the program to evaluate the estimated eligibility rate at least every 4 years in each participating school; and (II) on how to conduct such evaluation. (b) Reimbursement.--The reimbursement to each school food service authority of each local education agency that participates in the program under this Act shall be for each month of participation, in an amount equal to the sum of the product obtained by-- (1) multiplying the total number lunches of served in the school lunches by-- (A) the estimated eligibility rate of enrolled students in the school eligible for free meals; and (B) the special assistance factor for free lunches prescribed by the Secretary under section 11(a)(3)(A) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1759a(a)(3)(A)); (2) multiplying the total number of breakfasts served in the school by-- (A) the estimated eligibility rate of enrolled students in the school eligible for free meals; and (B) the national average payment rate for free breakfasts established under section 4(b) of the Child Nutrition Act of 1966 (42 U.S.C. 1773(b)); (3) multiplying the total number of lunches served in the school by-- (A) by the estimated eligibility rate of enrolled students in the school eligible for reduced price meals; and (B) by the special assistance factor for reduced price lunches established under section 11(a) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1759a(b)); (4) multiplying the total number of breakfasts served in the school by-- (A) the estimated eligibility rate of enrolled students in the school eligible for reduced price meals; and (B) the national average payment rate for reduced price breakfasts established under section 4(b) of the Child Nutrition Act of 1966 (42 U.S.C. 1773(b)); (5) multiplying the number of students not eligible for free or reduced price lunches in the school by the national average payment rate for lunches established under section 4 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1753); (6) multiplying the number of students not eligible for free or reduced price breakfasts in the school by the national average payment rate for each breakfast served to a child not eligible for free or reduced price meals established under section 4(b) of the Child Nutrition Act of 1966 (42 U.S.C. 1773(b)); and (7) multiplying the total number of lunches served in the school by the commodity assistance rate established under section 6(c) of the Richard B. Russell School Lunch Act (42 U.S.C. 1755(c)). (c) Number of Students Not Eligible for Free or Reduced Price Lunches.--The number of students not eligible for free or reduced price lunches is equal to the difference obtained by subtracting the number of free and reduced price lunches served in the school (based on the estimated eligibility rate of enrolled student eligible for free and reduce priced meals in the school) from the total number of lunches served in the school. (d) Number of Students Not Eligible for Free or Reduced Price Breakfasts.--The number of students not eligible for free or reduced price breakfasts is equal to the difference obtained by subtracting the number of free and reduced price breakfasts served in the school (based on the estimated eligibility rate of enrolled student eligible for free and reduce priced meals in the school) from the total number of breakfasts served in the school. SEC. 4. REPORT TO CONGRESS. Not later than 2 years after implementing the program under this Act, the Secretary shall submit a report to Congress that shall include-- (1) the increase in the number of students who are eligible to receive free or reduced meals under the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) and Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.) receiving such meals as a result of the program; and (2) recommendations for legislation to increase the number of children eligible to participate in the program, while reducing waste and cost for schools and local educational agencies, including recommendations for increasing direct certification. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Secretary such sums as may be necessary to carry out this Act.

School Meal Enhancement Act of 2009 - Directs the Secretary of Agriculture to implement a school-wide paperless free school meal program which allows local educational agencies (LEAs) to select certain schools to provide free meals to all their students without the use of paper applications to determine their eligibility for free or reduced price breakfasts or lunches under the Child Nutrition Act of 1966 or the Richard B. Russell National School Lunch Act. Prohibits the participation of schools that do not have a student enrollment of which at least: (1) 65% are estimated to be eligible for free meals under the Richard B. Russell National School Lunch Act and the Child Nutrition Act of 1966; or (2) 75% are estimated to be eligible for free or reduced price meals under the Richard B. Russell National School Lunch Act. Requires the Secretary to issue guidance that establishes an alternate, paperless method of determining such estimated eligibility rates. Reimburses the school food service authority of each participating LEA pursuant to a formula that factors in such estimated eligibility rates.

PANEL-- ESTABLISHMENT. (a) In General.--If negotiations conducted under section 103 do not result in a settlement, the Secretary may refer the State and Indian tribe involved to the Panel established under subsection (b). (b) Authority of Panel.--To the extent allowable by law, the Panel may consider and render a decision on a dispute referred to the Panel under this section. (c) Taxation.--Any claim involving the legitimacy of a claim for the collection or payment of certain retail taxes owed by an Indian tribe to a State or political subdivision thereof and shall include or admit of counterclaims, setoffs, or related claims submitted or filed by the tribe in question regarding the original claim. (d) Membership of the Panel.-- (1) In general.--The Panel shall consist of-- (A) 1 representative from the Department of the Interior; (B) 1 representative from the Department of Justice; (C) 1 representative from the Department of the Treasury; (D) 1 representative of State governments; and (E) 1 representative of tribal governments of Indian tribes. (2) Chairperson.--The members of the Panel shall select a Chairperson from among the members of the Panel. (e) Federal Mediation Conciliation Service.-- (1) In general.--In a manner consistent with this title, the Panel shall consult with the Federal Mediation Conciliation Service (referred to in this subsection as the ``Service'') established under section 202 of the National Labor Relations Act (29 U.S.C. 172). (2) Duties of service.--The Service shall, upon request of the Panel and in a manner consistent with applicable law-- (A) provide services to the Panel to aid in resolving disputes brought before the Panel; (B) furnish employees to act as neutrals (as that term is defined in section 571(9) of title 5, United States Code) in resolving the disputes brought before the Panel; and (C) consult with the Administrative Conference of the United States to maintain a roster of neutrals and arbitrators. SEC. 104. JUDICIAL ENFORCEMENT. (a) Intergovernmental Agreements.-- (1) In general.-- (A) Jurisdiction.--Except as provided in subparagraph (B), the district courts of the United States shall have original jurisdiction with respect to-- (i) any civil action, claim, counterclaim, or setoff, brought by any party to an agreement or compact entered into in accordance with this title to secure equitable relief, including injunctive and declaratory relief; and (ii) the enforcement of any agreement or compact. (B) Damages.--No action to recover damages arising out of or in connection with an agreement or compact entered into under this section may be brought, except as specifically provided for in that agreement or compact. (2) Consent to suit.--Each compact or agreement entered into under this title shall specify that the partner consent to litigation to enforce the agreement, and to the extent necessary to enforce that agreement, each party waives any defense of sovereign immunity. SEC. 105. JOINT TRIBAL-FEDERAL-STATE COMMISSION ON INTERGOVERNMENTAL AFFAIRS. (a) In general.--The Secretary shall establish a tribal, Federal, and State commission (to be known as the ``Tribal-Federal-State Commission'') (referred to in this section as the ``Commission''). (b) Members.-- (1) In general.--The Commission shall be comprised of representatives of Indian tribes, the States, and the Federal Government. (2) Duties of the commission.--The Commission shall advise the Secretary concerning issues of intergovernmental concern with respect to Indian tribes, States, and the Federal Government, including-- (A) law enforcement; (B) civil and criminal jurisdiction; (C) taxation; (D) transportation; (E) economy development; and (F) other matters related to a matter described in subparagraph (A), (B), (C), (D), or (E). (3) Period of appointment.--Members shall be appointed for the life of the Commission. Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner as the original appointment. (4) Initial meeting.--No later than 30 days after the date on which all members of the Commission have been appointed, the Commission shall hold its first meeting. (5) Meetings.--The Commission shall meet at the call of the Chairman. (6) Quorum.--A majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings. (7) Chairman and vice chairman.--The Commission shall select a Chairman and Vice Chairman from among its members. (8) Powers.-- (A) Hearings.--The Commission may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission considers advisable to carry out the purposes of this section. (B) Information from federal agencies.--The Commission may secure directly from any Federal department or agency such information as the Commission considers necessary to carry out the provisions of this Act section. Upon request of the Chairman of the Commission, the head of such department or agency shall furnish such information to the Commission. (C) Postal services.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government. (D) Gifts.--The Commission may accept, use, and dispose of gifts or donations of services or property. (9) Commission personnel matters.-- (A) Compensation of members.--Each member of the Commission who is not an officer or employee of the Federal Government shall be compensated for each day (including travel time) during which such member is engaged in the performance of the duties of the Commission. All members of the Commission who are officers or employees of the United States shall serve without compensation in addition to that received for their services as officers or employees of the United States. (B) Travel expenses.--The members 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. (c) Report.--Not later than 2 years after the date of enactment of this Act, and annually thereafter, the Commission shall prepare and submit to the President, the Committee on Indian Affairs of the Senate, and the Committee on Resources of the House of Representatives a report on the implementation of this title that includes any recommendations that the Commission determines to be appropriate. SEC. 106. FUNDING AND IMPLEMENTATION. (a) In General.--With respect to any agreement or compact between an Indian tribe and a State, the United States, upon agreement of the parties and the Secretary, may provide financial assistance to such parties for costs of personnel or administrative expenses in an amount not to exceed 100 percent of the costs incurred by the parties as a consequence of that agreement or compact, including any indirect costs of administration that are attributable to the services performed under the agreement or compact. (b) Assistance.--The head of each Federal agency may, to the extent allowable by law and subject to the availability of appropriations, provide technical assistance, material support, and personnel to assist States and Indian tribes in the implementation of the agreements or compacts entered into under this title. TITLE II--TORT LIABILITY INSURANCE SEC. 201. LIABILITY INSURANCE, WAIVER OF DEFENSE. (a) Tribal Priority Allocation Defined.--The term ``tribal priority allocation'' means an allocation to a tribal priority account of an Indian tribe by the Bureau of Indian Affairs to allow that Indian tribe to establish program priorities and funding levels. (b) Insurance.-- (1) In general.--Except as provided in paragraph (3), not later than 2 years after the date of enactment of this Act, the Secretary shall obtain or provide tort liability insurance or equivalent coverage for each Indian tribe that receives a tribal priority allocation from amounts made available to the Bureau of Indian Affairs for the operation of Indian programs. (2) Cost-effectiveness.--In carrying out paragraph (1), the Secretary shall-- (A) ensure that the insurance or equivalent coverage is provided in the most cost-effective manner available; and (B) for each Indian tribe referred to in paragraph (1), take into consideration the extent to which the tort liability is covered-- (i) by privately secured liability insurance; or (ii) chapter 171 of title 28, United States Code (commonly referred to as the ``Federal Tort Claims Act'') by reason of an activity of the Indian tribe in which the Indian tribe is acting in the same capacity as an agency of the United States. (3) Limitation.--If the Secretary determines that an Indian tribe, described in paragraph (1), has obtained liability insurance in an amount and of the type that the Secretary determines to be appropriate by the date specified in paragraph (1), the Secretary shall not be required to provide additional coverage for that Indian tribe. (c) Requirements.--A policy of insurance or a document for equivalent coverage under subsection (a)(1) shall-- (1) contain a provision that the insurance carrier shall waive any right to raise as a defense the sovereign immunity of an Indian tribe with respect to an action involving tort liability of that Indian tribe, but only with respect to tort liability claims of an amount and nature covered under the insurance policy or equivalent coverage offered by the insurance carrier; and (2) not waive or otherwise limit the sovereign immunity of the Indian tribe outside or beyond the coverage or limits of the policy of insurance or equivalent coverage. (d) Prohibition.--No waiver of the sovereign immunity of a Indian tribe under this section shall include a waiver of any potential liability for-- (1) interest that may be payable before judgment; or (2) exemplary or punitive damages. (e) Preference.--In obtaining or providing tort liability insurance coverage for Indian tribes under this section, the Secretary shall, to the greatest extent practicable, give preference to coverage underwritten by Indian-owned economic enterprises, as defined in section 3 of the Indian Financing Act of 1974 (25 U.S.C. 1452), except that for the purposes of this subsection, those enterprises may include non-profit corporations. (f) Regulations.--To carry out this title, the Secretary shall promulgate regulations that-- (1) provide for the amount and nature of claims to be covered by an insurance policy or equivalent coverage provided to an Indian tribe under this title; and (2) establish a schedule of premiums that may be assessed against any Indian tribe that is provided liability insurance under this title. SEC. 202. STUDY AND REPORT TO CONGRESS (a) In General.-- (1) Study.--In order to minimize and, if possible, eliminate redundant or duplicative liability insurance coverage and to ensure that the provision of insurance of equivalent coverage under this title is cost-effective, before carrying out the requirements of section 201, the Secretary shall conduct a comprehensive survey of the degree, type, and adequacy of liability insurance coverage of Indian tribes at the time of the study. (2) Contents of study.--The study conducted under this subsection shall include-- (A) an analysis of loss data; (B) risk assessments; (C) projected exposure to liability, and related matters; and (D) the category of risk and coverage involved which may include-- (i) general liability; (ii) automobile liability; (iii) the liability of officials of the Indian tribe; (iv) law enforcement liability; (v) workers' compensation; and (vi) other types of liability contingencies. (3) Assessment of coverage by categories of risk.--For each Indian tribe described in section 201(a)(1), for each category of risk identified under paragraph (2), the Secretary, in conducting the study, shall determine whether insurance coverage other than coverage to be provided under this title or coverage under chapter 171 of title 28, United States Code, applies to that Indian tribe for that activity. (b) Report.--Not later than 3 years after the date of enactment of this Act, and annually thereafter, the Secretary shall submit a report to Congress concerning the implementation of this title, that contains any legislative recommendations that the Secretary determines to be appropriate to improve the provision of insurance of equivalent coverage to Indian tribes under this title, or otherwise achieves the goals and objectives of this title.

TABLE OF CONTENTS: Title I: Intergovernmental Agreements Title II: Tort Liability Insurance Indian Tribal Conflict Resolution and Tort Claims and Risk Management Act of 1998 - Title I: Intergovernmental Agreements - Grants U.S. consent for States, Indian tribes, and tribal organizations to enter into compacts and agreements under this title, including those relating to the collection and payment of certain retail taxes. Requires copies of such compacts or agreements to be filed with the Secretary of the Interior within 30 days. Sets forth compact or agreement limitations and provisions concerning revocation and revision or renewal. (Sec. 102) Requires good faith negotiations with regard to a claim, with the objective of achieving an intergovernmental agreement or compact. Directs the Secretary to cause to occur and facilitate such negotiations. Provides for: (1) selection of a mediator; (2) negotiation procedures; (3) the exchange of appropriate records and documentation; (4) negotiation termination after one year, unless an extension is mutually agreed upon by the parties; and (5) a negotiated settlement as the final resolution of the claim. (Sec. 103) Authorizes the Secretary, if negotiations fail to result in a settlement, to refer the State and Indian tribe involved to the Intergovernmental Alternative Dispute Panel, which shall consult with the Federal Mediation Conciliation Service. Outlines Service duties with respect to assistance to the Panel for its dispute resolution. (Sec. 104) Provides judicial enforcement of intergovernmental agreements under this title. (Sec. 105) Directs the Secretary to establish the Tribal-Federal-State Commission to advise the Secretary on issues of intergovernmental concern with respect to Indian tribes, States, and the Federal Government, including law enforcement, civil and criminal jurisdiction, taxation, transportation, economy development, and related matters. Requires annual reports from the Commission to the President and specified congressional committees. (Sec. 106) Authorizes the United States to provide financial assistance for personnel and administrative expenses under any compact or agreement reached under this title. Title II: Tort Liability Insurance - Directs the Secretary, within two years after the enactment of this Act, to obtain or provide tort liability insurance or equivalent coverage for each Indian tribe that receives a tribal priority allocation from amounts made available to the Bureau of Indian Affairs for the operation of Indian programs. Requires such insurance to be obtained or provided in the most cost-effective manner available. Sets forth insurance requirements, conditions, and limitations. (Sec. 202) Directs the Secretary, before obtaining or providing such insurance, to conduct a comprehensive study of the degree, type, and adequacy of liability insurance coverage of Indian tribes at the time of the study. Requires annual reports from the Secretary to the Congress on the implementation of this title.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Green Workforce Development Through Community Colleges Act''. SEC. 2. PURPOSE. The purpose of this Act is to direct the Secretary of Labor, the Secretary of Energy, and the Secretary of Education (in this Act referred to as the ``Secretaries'') to, jointly, develop a workforce training and education program to prepare workers for careers in the alternative energy and energy efficiency industries. SEC. 3. ADVISORY COMMISSION. (a) Establishment.--Not later than 1 year after the date of the enactment of this Act, the Secretaries shall establish and convene an advisory commission (in this Act referred to as the ``Commission''). (b) Duties of the Commission.--The duties of the Commission shall be to carry out the following: (1) Review and analyze the skill needs of the alternative energy and energy efficiency fields. (2) Identify and define career pathways, including coursework, certification, and other training needed for career development in the following career areas in the alternative energy and energy efficiency fields: (A) Wind power, including the construction and maintenance of commercial and residential wind turbines. (B) Solar power, including commercial and residential photovoltaic installation. (C) Geo-thermal energy, including home and commercial heating and cooling and other applications. (D) Training of energy auditors to perform energy efficiency audits on both residential and commercial structures. (E) Energy efficient retrofit and renovation of residential and commercial structures. (3) Recommend a curriculum framework and best practices for educational and workforce training programs related to each career area described in paragraph (2), by consulting with leaders in alternative energy and energy efficiency fields, including-- (A) community colleges identified by the Secretaries as leaders, or having the best practices, in alternative energy workforce development; (B) State energy offices and other local agencies with expertise in energy efficiency; and (C) representatives from the alternative energy industry and trade unions that represent workers in the alternative energy industry. (4) In making recommendations under paragraph (3), the Commission shall take into account variations in the skill level, work experience, and education of students who may participate in the educational and workforce training programs described in such paragraph. (5) Not later than 12 months after the date on which the first train-the-trainers grant is awarded under section 5, submit to the Secretaries of Labor, Energy, and Education, and the Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate, a report on that includes-- (A) the Commission's findings with regard to identifying career pathways related to the career areas described in paragraph (2); (B) the Commission's recommendations regarding the curriculum framework for such career areas; and (C) other information and recommendations on best practices with respect to teaching in such career areas that the Commission considers appropriate. (6) Assist the Secretaries in administering the grant program established under section 5. (c) Membership.-- (1) Number and appointment.--The Commission shall be composed of 15 members appointed not later than 45 days after the date of the enactment of this Act as follows: (A) 5 individuals appointed by the Secretary of Energy. (B) 5 individuals appointed by the Secretary of Labor. (C) 5 individuals appointed by the Secretary of Education. (2) Qualifications.--Of the members appointed under subparagraph (A), a minimum of-- (A) 5 members shall represent employers in the energy efficiency field; and (B) 5 members shall be experts in alternative energy workforce education in community colleges. (3) Terms.-- (A) In general.--Each member shall be appointed for the life of the Commission. (B) Vacancies.--A vacancy in the Commission shall be filed in the manner in which the original appointment was made. (4) Compensation.--All members of the Commission shall serve voluntarily and without additional compensation. (5) Chairperson.--The Secretary of Labor shall designate a member of the Commission to be the Chairperson of the Commission. (6) Meetings.--The Commission shall-- (A) hold its first meeting not later than 30 days after the date on which a majority of the members of the Commission have been appointed; and (B) meet at the call of the Chairperson. (7) Quorum.--A majority of the members of the Commission shall constitute a quorum, but a lesser number may hold hearings. (d) Staff of the Commission.-- (1) Additional staff.-- (A) In general.--The Commission may appoint up to 3 additional staff who will report to the Chairperson. (B) Applicability of certain civil service laws.-- The staff of the Commission shall be appointed subject to the provisions of title 5, United States Code, governing appointments in the competitive service, and shall be paid in accordance with the provisions of 51 and subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates. (2) Staff of federal agencies.--Upon request of the Chairman of the Commission, the head of any Federal department or agency may detail, on a nonreimbursable basis, any personnel of that department or agency to the Commission to assist it in carrying out its duties under this Act. (e) Powers of the Commission.-- (1) Hearings and sessions.--The Commission may, for the purpose of carrying out its duties under this Act, hold hearings, sit and act at such 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 subsection. (3) Obtaining official data.--The Commission may secure directly from any department or agency of the Federal Government information necessary to enable it to carry out its duties under this Act. Upon request of the Chairperson of the Commission, the head of that department or agency shall furnish that information to the Commission. (4) Studies.--The Commission may conduct studies to enable it to carry out its duties under this Act. (5) Mails.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government. (f) Termination.--The Commission shall terminate on 90 days after submitting its final report under subsection (b)(5). SEC. 4. POSTING REPORT ON WEBSITE. Upon receipt of the report under section 3(b)(5), the Secretary of Labor, Education, and Energy shall post on the Internet website of the Department of Labor, Education, and Energy, respectively, the report. SEC. 5. GRANTS AUTHORIZED. (a) In General.--From the amounts appropriated under section 8 to carry out this section, not earlier than fiscal year 2011, the Secretaries shall, jointly, award grants to community colleges for the purposes of providing education and workforce training in the alternative energy and energy efficiency fields. (b) Application.--To receive a grant under this Act, a community college shall submit an application to the Secretaries at such time, in such manner, and containing such information as the Secretaries may require. Such application shall include-- (1) an identification of employment opportunities in the alternative energy and energy efficiency fields in the area served by the community college and the specific skills needed to obtain such employment opportunities, based on information from-- (A) existing labor market and industry analyses; (B) local workforce investment boards; or (C) private, non-profit organizations or nonprofit business or economic development organizations; (2) an assurance that the community college will carry out detailed market research to assess, with respect to the area served by the community college-- (A) the current and projected employment opportunities and labor demand in the alternative energy and energy efficiency fields; and (B) the job skills necessary to obtain such employment opportunities; and (3) an assurance that the community college will use the information described in paragraph (1) and the market research carried out by the college under paragraph (2) to establish education and workforce training programs that correspond to the employment opportunities in the alternative energy and energy efficiency fields in the area served by the community college, and the skills needs to obtain such opportunities. (c) Uses of Funds.--A community college receiving a grant under this Act shall use such grant funds to-- (1) establish educational and workforce training programs that-- (A) correspond to the employment opportunities in such fields, and the skills needs with respect to such opportunities in the area served by the community college, as determined by the information obtained, and the market research carried out, by the community college under subsection (b); (B) incorporate-- (i) following the completion of the Commission's report pursuant to section 3(b)(5) curriculum recommend private non-profit or not- for-profit business/economic development organizations developed by the Commission pursuant to such section; and (ii) best practices developed by community colleges pursuant to section 6; (2) assist students and graduates of the educational and workforce training program in apprenticeship and employment placement in the alternative energy and energy efficiency fields; (3) coordinate with the secondary schools and vocational schools in the area served by the community college to assist such schools in providing educational services in the alternative energy and energy efficiency fields for students enrolled in such schools (such as by assisting in the development of a curriculum or apprenticeship program in such fields); and (4) coordinate with local workforce investment boards to ensure-- (A) access to enroll in the programs established under paragraph (1) to individuals participating in workforce investment activities in the local area; and (B) that the programs provide access to enrollment in the programs to-- (i) dislocated workers; (ii) workers who are transitioning into careers in the alternative energy or energy efficiency fields; (iii) underrepresented minorities; and (iv) low-income individuals. SEC. 6. TRAIN THE TRAINERS PROGRAM. (a) Grant Program Authorized.--From the amount reserved under section 8(b), the Secretaries shall, jointly, award grants to up to 10 community colleges identified by the Secretaries as leaders in education and workforce training in the alternative energy and energy efficiency fields to develop best practices with respect to such education and training. (b) Application.--A community college desiring to receive a grant under this section shall submit an application at such time, in such manner, and containing such information that the Secretaries may require, which shall, at a minimum, include information with respect to-- (1) the training program in the alternative energy and energy efficiency fields that is being carried out by the community college; (2) the facility where the program is being carried out; (3) the curriculum for such program; and (4) any partnerships the community college-- (A) has established with representatives of businesses, educational institutions, or other organizations that have expertise in the alternative energy or energy efficiency fields; and (B) that have provided training experience opportunities in such fields for students in the program. (c) Uses of Funds.--A community college receiving a grant under this section shall use such funds to develop best practices in instruction and instructor training with respect to education and workforce training programs carried out pursuant to section 5. Such funds may be used by the community college to cover any costs associated with the development of the best practices, including-- (1) instructor salaries; and (2) the purchase of equipment and supplies. SEC. 7. SUPPLEMENT, NOT SUPPLANT. Funds made available under this Act shall be used to supplement, and not supplant, other Federal, State, and local funds that would otherwise be expended to carry out activities under this Act. SEC. 8. AUTHORIZATION OF APPROPRIATIONS; RESERVATION. (a) Authorization of Appropriations.--There are authorized to be appropriated $200,000,000 to carry out this Act for fiscal year 2012 and for each of the succeeding 4 fiscal years. (b) Reservation.--Of the amount appropriated under subsection (a) for a fiscal year, 15 percent shall be made available to carry out section 6 for such fiscal year. SEC. 9. DEFINITIONS. For purposes of this Act: (1) Alternative energy fields.--The term ``alternative energy fields'' means solar, wind, geothermal, and energy efficiency fields. (2) Career pathways.--The term ``career pathways'' means a clear sequence of coursework and credentials enabling career development in a particular field that assists individuals of varying skill levels to enter and progress in jobs in that field. (3) Community college.--The term ``community college'' means a public institution of higher education at which the highest degree that is predominantly awarded to students is an associate's degree. (4) Dislocated worker.--The term ``dislocated worker'' has the meaning given the term in section 101 of the Workforce Investment Act of 1998. (5) Energy efficiency fields.--The term ``energy efficiency fields'' means energy efficiency auditing for residential and commercial structures and energy efficiency retrofit for residential and commercial structures. (6) 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). (7) Local workforce investment board.--The term ``local workforce investment board'' refers to the term in section 117 of the Workforce Investment Act of 1998. (8) Low-income individual.--The term ``low-income'' individual means an individual from a family whose taxable income for the preceding year did not exceed 150 percent an amount equal to the poverty level determined by using criteria of poverty established by the Bureau of the Census. (9) Secondary school.--The term ``secondary school'' has the meaning given such term in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (10) Secretaries.--The term ``Secretaries'' means the Secretary of Energy and the Secretary of Labor. (11) Vocational school.--The term ``vocational school'' means-- (A) a specialized public secondary school used exclusively or principally for the provision of career and technical education to individuals who are available for study in preparation for entering the labor market; or (B) the department of a public secondary school exclusively or principally used for providing career and technical education in not fewer than 5 different occupational fields to individuals who are available for study in preparation for entering the labor market.

Green Workforce Development Through Community Colleges Act - Directs the Secretaries of Labor, Energy, and Education to establish and convene an advisory commission to: (1) review and analyze the skill needs of the alternative energy and energy efficiency fields; (2) identify and define career pathways, including coursework, certification, and other training needed for career development in areas related to wind power, solar power, geothermal energy, training of energy auditors for residential and commercial structures, and energy efficient retrofit and renovation of residential and commercial structures; (3) recommend a curriculum framework and best practices for educational and workforce training programs related to such areas; and (4) report its findings and recommendations to the Secretaries. Directs such Secretaries to: (1) post such report on their department websites; and (2) jointly award grants to community colleges for the purposes of providing education and workforce training in the alternative energy and energy efficiency fields. Requires community college recipients to use grant funds to: (1) establish educational and training programs in such fields; (2) assist students and graduates of such programs in apprenticeship and employment placement in such fields; (3) coordinate with and assist area secondary and vocational schools in providing educational services in such fields; and (4) coordinate with local workforce investment boards to ensure program access to individuals participating in workforce investment activities in the local area, dislocated workers, workers who are transitioning into careers in such fields, underrepresented minorities, and low-income individuals. Directs the Secretaries to jointly award grants to up to 10 community colleges identified as leaders in education and workforce training in the alternative energy and energy efficiency fields to develop best practices regarding such education and training.

SECTION 1. SHORT TITLE. This Act may be cited as ``Presidential Tax Disclosure Act of 2017''. SEC. 2. DISCLOSURE OF FEDERAL INCOME TAX RETURNS OF THE PRESIDENT. (a) In General.--Any individual holding the office of President shall submit to the Director of the Office of Government Ethics a copy of each Federal income tax return filed by such individual with the Internal Revenue Service for any taxable year ending during the period such individual holds such office. Such copy shall be so submitted not later than the earlier of the date which is 90 days after such return is so filed or the end of the calendar year in which such return is so filed. (b) Application to Certain Prior Year Returns.--Not later than 90 days after an individual first assumes the office of President, such individual shall submit to the Director of the Office of Government Ethics a copy of each Federal income tax return filed by such individual with the Internal Revenue Service for the 3 most recent taxable years ending before the date on which such individual first assumes such office. (c) Public Disclosure.--In the case of any Federal income tax return received by the Director of the Office of Government Ethics under subsection (a) or (b) of this section or section 6103(l)(23) of the Internal Revenue Code of 1986, the Director shall, not later than 7 business days after receiving such return-- (1) make such return publicly available on the Internet; and (2) submit such return to the Committees on the Judiciary, Ways and Means, and Oversight and Government Reform of the House of Representatives and to the Committees on the Judiciary and Finance of the Senate. (d) Special Rules.-- (1) Disclosure of entire return.--Any reference in this section to a Federal income tax return includes all schedules, supplements, amendments, and attachments with respect to such return. In the case of any such schedule, supplement, amendment, or attachment which is not filed with the Internal Revenue Service on the same date as the return, such schedule, supplement, amendment, or attachment shall be treated as a separate return for purposes of determining the deadline for submission and disclosure under this section. (2) Permitted redactions.--No information may be redacted from any return submitted or disclosed under this section, except the following information: (A) Any Social Security number of any individual. (B) Any taxpayer identification number of any person. (C) Any account identification number. (D) Any name of any dependent of the taxpayer. (3) Application to spouses.-- (A) Joint returns.--In the case of any return which is filed jointly with the spouse of any individual, the entire return shall be treated as the return of such individual for purposes of this section. (B) Separate returns.--If the spouse of any individual to whom subsection (a) applies files a Federal income tax return which is separate from such individual, this section and section 6103(l)(23) of the Internal Revenue Code of 1986 shall apply to such return in the same manner as such section would apply if such return were filed by such individual. (e) Enforcement by Attorney General.-- (1) The Attorney General may bring a civil action in any appropriate United States district court against any individual who knowingly falsifies or who knowingly fails to submit or disclose any information that such individual is required to submit or disclose pursuant to this section or section 6103(l)(23) of the Internal Revenue Code of 1986. The court may assess against such individual a civil penalty in an amount of not more than $50,000. (2) It shall be unlawful for any person to knowingly-- (A) falsify any information that such person is required to submit or disclose under this section or section 6103(l)(23) of the Internal Revenue Code of 1986; or (B) fail to so submit or disclose such information. (3) Any person who-- (A) violates paragraph (2)(A) shall be fined not more than $50,000, imprisoned for not more than 6 months, or both, and (B) violates paragraph (2)(B) shall be fined not more than $50,000, imprisoned for not more than 6 months or both. (4) The Director of the Office of Government Ethics, or any Committee referred to in subsection (c)(2), may refer to the Attorney General the name of any individual which such Director or Committee has reasonable cause to believe has violated paragraph (2). (f) Alternative Disclosure by Secretary of the Treasury.--Section 6103(l) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(23) Disclosure of tax returns of the president.-- ``(A) In general.--If any Federal income tax return required to be submitted to the Director of the Office of Government Ethics under subsection (a) or (b) of section 2 of the Presidential Tax Disclosure Act of 2017 is not so submitted before the date specified in such subsection with respect to such submission (or if any such return so submitted is incomplete or inaccurate), the Secretary shall disclose such return to the Director of the Office of Government Ethics not later than 30 days after such date. ``(B) Redactions; etc.--Rules similar to the rules of section 2(d) of the Presidential Tax Disclosure Act of 2017 shall apply for purposes of this paragraph, except that the Secretary shall redact the information described in subparagraphs (A) through (D) of paragraph (2) of such section before disclosing such return under subparagraph (A). ``(C) Redisclosure.--Return information disclosed under subparagraph (A) may be redisclosed by the Director of the Office of Government Ethics as provided in section 2(c) of the Presidential Tax Disclosure Act of 2017.''. (g) Effective Date.--This section, and the amendments made by this section, shall apply with respect to individuals assuming the office of President after December 31, 2016.

Presidential Tax Disclosure Act of 2017 This bill requires any individual holding the office of President to submit federal tax returns to the Office of Government Ethics (OGE). The individual must submit: (1) each return filed with the Internal Revenue Service (IRS) for any year ending while the individual is President, and (2) each return filed with the IRS for the three years before the individual assumed office. After receiving the returns, the OGE must: (1) make the returns publicly available on the Internet, and (2) submit the returns to specified congressional committees. No information may be redacted from the disclosed returns except for: (1) Social Security, tax identification, and account identification numbers; and (2) the names of any dependent of the taxpayer. The bill establishes civil and criminal penalties to enforce the disclosure requirements. It also amends the Internal Revenue Code to permit the IRS to disclose to the OGE any federal tax return that is required to be disclosed by this bill, but has not been submitted to the OGE within a specified deadline.

SECTION 1. REVIEW AND POLICY REGARDING DEPARTMENT OF DEFENSE INVESTIGATIVE PRACTICES IN RESPONSE TO ALLEGATIONS OF SEX-RELATED OFFENSES. (a) Review.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall conduct a review of the practices of the military criminal investigative organizations (Army Criminal Investigation Command, Naval Criminal Investigative Service, and Air Force Office of Special Investigation) regarding the investigation of alleged sex-related offenses involving members of the Armed Forces, including the extent to which the military criminal investigative organizations make a recommendation regarding whether an allegation of a sex-related offense appears founded or unfounded. (b) Policy.--After conducting the review required by subsection (a), the Secretary of Defense shall develop a uniform policy for the Armed Forces, to the extent practicable, regarding the use of case determinations to record the results of the investigation of a sex- related offense. In developing the policy, the Secretary shall consider the feasibility of adopting case determination methods, such as the uniform crime report, used by nonmilitary law enforcement agencies. (c) Sex-Related Offense Defined.--In this section, the term ``sex- related offense'' includes-- (1) any offense covered by section 920, 920a, 920b, 920c, or 925 of title 10, United States Code (article 120, 120a, 120b, 120c, or 125 of the Uniform Code of Military Justice); or (2) an attempt to commit an offense specified in a paragraph (1) as punishable under section 880 of such title (article 80 of the Uniform Code of Military Justice). SEC. 2. DEVELOPMENT OF SELECTION CRITERIA FOR ASSIGNMENT AS SEXUAL ASSAULT RESPONSE AND PREVENTION PROGRAM MANAGERS, SEXUAL ASSAULT RESPONSE COORDINATORS, AND SEXUAL ASSAULT VICTIM ADVOCATES. (a) Qualifications for Assignment.--Section 1602(e)(2) of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111-383; 10 U.S.C. 1561 note; 124 Stat. 4431) is amended-- (1) by redesignating subparagraph (B) as subparagraph (C); and (2) by striking subparagraph (A) and inserting the following new subparagraphs: ``(A) the qualifications necessary for a member of the Armed Forces or a civilian employee of the Department of Defense to be selected for assignment to duty as a Sexual Assault Response and Prevention Program Manager, Sexual Assault Response Coordinator, or Sexual Assault Victim Advocate, whether assigned to such duty on a full-time or part-time basis; ``(B) consistent with section 584(c) of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112-81; 10 U.S.C. 1561 note; 125 Stat. 1433), the training, certification, and status of members of the Armed Forces and civilian employees of the department assigned to duty as Sexual Assault Response and Prevention Program Managers, Sexual Assault Response Coordinators, and Sexual Assault Victim Advocates for the Armed Forces; and''. (b) Conforming Amendments.--Section 584 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112-81; 10 U.S.C. 1561 note; 125 Stat. 1432) is amended-- (1) in subsection (a)(2), by inserting ``who satisfy the selection criteria established under section 1602(e)(2) of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111-383; 10 U.S.C. 1561 note; 124 Stat. 4431)'' after ``Defense''; and (2) in subsection (b)(2), by inserting ``who satisfy the selection criteria established under section 1602(e)(2) of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011'' after ``Defense''. SEC. 3. UNIFORM TRAINING AND EDUCATION PROGRAMS FOR SEXUAL ASSAULT PREVENTION AND RESPONSE PROGRAM. Section 585(a) of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112-81; 125 Stat. 1434; 10 U.S.C. 1561 note) is amended-- (1) in paragraph (1)-- (A) in the first sentence, by striking ``Not later than one year after the date of the enactment of this Act, the Secretary of each military department shall develop a curriculum to provide sexual assault prevention and response training and education for members of the Armed Forces under the jurisdiction of the Secretary and civilian employees of the military department'' and inserting ``Not later than June 30, 2014, the Secretary of Defense shall develop a uniform curriculum to provide sexual assault prevention and response training and education for members of the Armed Forces and civilian employees of the Department of Defense''; and (B) in the second sentence, by inserting ``including lesson plans to achieve core competencies and learning objectives,'' after ``curriculum,''; and (2) in paragraph (3)-- (A) by striking ``Consistent training.--The Secretary of Defense shall ensure'' and inserting ``Uniform training.--The Secretary of Defense shall require''; and (B) by striking ``consistent'' and inserting ``uniform''.

Directs the Secretary of Defense to: (1) review practices of the military criminal investigative organizations regarding the investigation of alleged sex-related offenses involving members of the Armed Forces (members), and (2) develop a uniform policy regarding the use of case determinations to record the results of such investigations. Amends the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 to direct the Secretary to establish minimum standards for: (1) the qualifications necessary for members or civilian employees of the Department of Defense (DOD) to be selected as a sexual assault response and prevention program manager, sexual assault response coordinator, or sexual assault victim advocate; and (2) the training, certification, and status of such members and employees assigned to such positions. Amends the National Defense Authorization Act for Fiscal Year 2012 to require the Secretary, by June 30, 2014, to develop a uniform curriculum to provide sexual assault prevention and response training for members and civilian DOD employees. Requires such curriculum to include lesson plans to achieve core competencies and learning objectives.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Pregnant Mothers and Infants Health Protection Act of 1997''. SEC. 2. FINDINGS. Congress makes the following findings: (1) According to recent figures, 14 percent of pregnant mothers admit to smoking tobacco during pregnancy. (2) Smoking tobacco during pregnancy significantly increases maternal and fetal risk, and causes 20 percent to 30 percent of the low birth weight rate and 10 percent of the fetal and infant death rate in the United States. (3) Mothers who smoke both during and after pregnancy have nearly a 3 fold increase in the risk of Sudden Infant Death Syndrome (SIDS), as compared to mothers who do not smoke. (4) Smoking during pregnancy has been associated with certain childhood cancers and birth defects, and it increases the risk of spontaneous abortion, premature rupture of membranes, and delivery of a stillborn infant. (5) Smoking during pregnancy may impede the growth of the fetus and increase the likelihood of mental retardation by 50 percent. (6) The proportion of women who quit smoking during pregnancy but relapse at 6 months postpartum is nearly 63 percent, thereby exposing their infants to passive smoke and increasing their risk for SIDS and other health related problems. (7) Effective prenatal smoking cessation interventions increase the rate of smoking cessation during pregnancy. SEC. 3. PURPOSE. It is the purpose of this Act to establish, within the Department of Health and Human Services, a comprehensive program to help prevent prenatal and postnatal smoking. Such program shall-- (1) coordinate, support, and conduct national, State and community-based public awareness, prevention, and education programs on prenatal and postnatal smoking; (2) support, coordinate, and conduct basic and applied research concerning prenatal and postnatal smoking and its effects; and (3) foster coordination between all Federal agencies and private voluntary organizations that conduct or support prenatal and postnatal smoking research, prevention, and surveillance programs. SEC. 4. ESTABLISHMENT OF PROGRAM. Title III of the Public Health Service Act (42 U.S.C. 241 et seq.) is amended by adding at the end the following: ``PART M--PRENATAL AND POSTNATAL SMOKING PREVENTION PROGRAM ``SEC. 399N. ESTABLISHMENT. ``(a) Prenatal or Postnatal Smoking Prevention Program.-- The Secretary, acting through the Centers for Disease Control and Prevention, shall establish a comprehensive program to be known as the `Prenatal and Postnatal Smoking Prevention Program' that shall include-- ``(1) an education and public awareness program that is designed to-- ``(A) support, conduct and evaluate the effectiveness of-- ``(i) educational and cessation programs concerning the prevention, diagnosis, and treatment of infants born with the effects of prenatal smoking; ``(ii) prevention and education programs, including school health and adolescent education programs concerning prenatal and postnatal smoking and its effects, and; ``(iii) public and community awareness and cessation programs designed to educate about prenatal and postnatal smoking and its effects on fetuses and newborns; ``(B) provide technical and consultative assistance to States, local governments, scientific and academic institutions, community health centers funded under section 330, and nonprofit organizations concerning the programs referred to in subparagraph (A); and ``(C) award grants to, and enter into cooperative agreements with, States, local governments, scientific and academic institutions, community health centers, and non-profit organizations for the purpose of-- ``(i) evaluating the effectiveness of programs referred to in subparagraph (A); ``(ii) providing training in the prevention of prenatal and postnatal smoking; ``(iii) educating school age children, especially pregnant and high-risk youth, concerning the effects of prenatal and postnatal smoking on fetuses and newborns; and ``(iv) increasing public and community awareness concerning prenatal and postnatal smoking and its effects on fetuses and newborns through projects, programs, and campaigns, and improving the understanding of the general public and targeted groups concerning the most effective intervention methods to prevent prenatal and postnatal smoking; ``(2) an applied research and prevention program that is designed to-- ``(A) support and conduct research on the diagnostic methods, treatment, and prevention of prenatal and postnatal smoking and its effects on fetuses and newborns; ``(B) provide technical and consultative assistance and training to States, local governments, scientific and academic institutions, community health centers, and nonprofit organizations engaged in the conduct of-- ``(i) prenatal and postnatal smoking prevention, cessation and early intervention programs; and ``(ii) research relating to the effects of prenatal and postnatal smoking and the number and demographic profile of pregnant mothers who smoke; and ``(C) award grants to, and enter into cooperative agreements and contracts with, States, local governments, scientific and academic institutions, community health centers, and non-profit organizations for the purpose of-- ``(i) conducting innovative demonstration and evaluation projects designed to determine effective strategies, including community-based prevention programs and education campaigns, for preventing and intervening in fetal exposure to tobacco smoke; ``(ii) improving and coordinating the surveillance and ongoing assessment methods implemented by such entities and the Federal Government with respect to prenatal and postnatal smoking and its effects on fetuses and newborns; ``(iii) developing, disseminating and evaluating effective age-appropriate prevention and cessation programs for adolescent and adult mothers who smoke; and ``(iv) facilitating the coordination and collaboration among Federal, State, local government and community-based prenatal and postnatal smoking prevention programs; ``(3) a basic research program that is designed to support and conduct basic research on services and effective prevention treatments and interventions for pregnant mothers who smoke and children suffering the effects of intrauterine or passive exposure to tobacco smoke; and ``(4) a procedure for disseminating prevention strategies and the diagnostic criteria for infants suffering the effects of exposure to intrauterine or passive tobacco smoke to health care providers, educators, social workers, and other individuals. ``(b) Eligibility.--To be eligible to receive a grant, or enter into a cooperative agreement or contract under this section, an entity shall-- ``(1) be a State, local government, scientific or academic institution, community health center, or nonprofit organization; and ``(2) prepare and submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including a description of the activities that the entity intends to carry out using amounts received under the grant, cooperative agreement or contract. ``(c) Clearinghouse.--In carrying out this section, the Secretary shall establish within the Centers for Disease Control and Prevention a prenatal and postnatal smoking prevention clearinghouse for the collection, dissemination and storage of data concerning prenatal and postnatal smoking prevention. In establishing such clearinghouse, the Secretary shall ensure that the Centers for Disease Control and Prevention shall serve as the coordinating agency for prenatal and postnatal smoking prevention and surveillance activities. ``(d) Biennial Report.--Not later than 2 years after the date of enactment of this section, and every 2 years thereafter, the Secretary shall prepare and submit to the Committee on Commerce of the House of Representatives and the Committee on Labor and Human Resources of the Senate a biennial report that-- ``(1) includes information concerning the incidence and prevalence of prenatal and postnatal smoking and the extent to which such smoking has contributed to infant mortality, low birth weight, sudden infant death syndrome, and other complications; ``(2) includes information that is specific to various demographics; ``(3) includes an assessment of the extent to which various approaches of preventing prenatal and postnatal smoking have been effective; ``(4) describes the activities carried out under this section; and ``(5) contains any recommendations of the Secretary regarding this section. ``(e) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section, $10,000,000 for each of the fiscal years 1998 and 1999, and such sums as may be necessary for each of the fiscal years 2000 and 2001.''.

Pregnant Mothers and Infants Health Protection Act of 1997 - Establishes, within the Department of Health and Human Services (HHS), the Prenatal and Postnatal Smoking Prevention Program to include: (1) an education and public awareness program designed to support and evaluate the effectiveness of certain prevention and cessation programs, provide technical and consultative assistance and award grants and enter into cooperative agreements with States, local governments, and certain entities; (2) an applied research and prevention program designed to support and conduct research on the diagnostic methods, treatment, and prevention of prenatal and postnatal smoking and its effects on fetuses and newborns, provide technical and consultative assistance and award grants, and enter into cooperative agreements and contracts with States, local governments, and certain entities; (3) a basic research program for the support and conduct of basic research on services and effective prevention treatments and interventions for pregnant mothers who smoke and children suffering the effects of intrauterine or passive exposure to tobacco smoke; and (4) a procedure for disseminating prevention strategies and the diagnostic criteria for infants suffering the effects of exposure to intrauterine or passive tobacco smoke to health care providers, educators, social workers, and other individuals. Directs the HHS Secretary to: (1) establish within the Centers for Disease Control and Prevention (CDC) a prenatal and postnatal smoking prevention clearinghouse; and (2) in establishing such clearinghouse, ensure that the CDC serve as the coordinating agency for prenatal and postnatal smoking prevention. Mandates a certain biennial report. Authorizes appropriations.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Aircraft Safety Act of 2000''. SEC. 2. PREVENTION OF FRAUDS INVOLVING AIRCRAFT OR SPACE VEHICLE PARTS IN INTERSTATE OR FOREIGN COMMERCE. (a) Definitions.--Section 31 of title 18, United States Code, is amended by striking all after the section heading and inserting the following: ``(a) As used in this chapter-- ``(1) the term `aircraft' means a civil, military, or public contrivance invented, used, or designed to navigate, fly, or travel in the air; ``(2) the term `aviation quality', with respect to a part of an aircraft or space vehicle, means the quality of having been manufactured, constructed, produced, maintained, repaired, overhauled, rebuilt, reconditioned, or restored in conformity with applicable standards specified by law (including applicable regulations); ``(3) the term `destructive substance' means an explosive substance, flammable material, infernal machine, or other chemical, mechanical, or radioactive device or matter of a combustible, contaminative, corrosive, or explosive nature; ``(4) the term `in flight' means-- ``(A) any time from the moment at which all the external doors of an aircraft are closed following embarkation until the moment when any such door is opened for disembarkation; and ``(B) in the case of a forced landing, until competent authorities take over the responsibility for the aircraft and the persons and property on board; ``(5) the term `in service' means-- ``(A) any time from the beginning of preflight preparation of an aircraft by ground personnel or by the crew for a specific flight until 24 hours after any landing; and ``(B) in any event includes the entire period during which the aircraft is in flight; ``(6) the term `motor vehicle' means every description of carriage or other contrivance propelled or drawn by mechanical power and used for commercial purposes on the highways in the transportation of passengers, passengers and property, or property or cargo; ``(7) the term `part' means a frame, assembly, component, appliance, engine, propeller, material, part, spare part, piece, section, or related integral or auxiliary equipment; ``(8) the term `space vehicle' means a man-made device, either manned or unmanned, designed for operation beyond the Earth's atmosphere; ``(9) the term `State' means a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States; and ``(10) the term `used for commercial purposes' means the carriage of persons or property for any fare, fee, rate, charge or other consideration, or directly or indirectly in connection with any business, or other undertaking intended for profit. ``(b) In this chapter, the terms `aircraft engine', `air navigation facility', `appliance', `civil aircraft', `foreign air commerce', `interstate air commerce', `landing area', `overseas air commerce', `propeller', `spare part', and `special aircraft jurisdiction of the United States' have the meanings given those terms in sections 40102(a) and 46501 of title 49.''. (b) Aircraft or Space Vehicle Parts Fraud.-- (1) In general.--Chapter 2 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 38. Fraud involving aircraft or space vehicle parts in interstate or foreign commerce ``(a) Whoever, in or affecting interstate or foreign commerce, knowingly and with the intent to defraud-- ``(1)(A) falsifies or conceals a material fact; ``(B) makes any materially fraudulent representation; or ``(C) makes or uses any materially false writing, entry, certification, document, record, data plate, label, or electronic communication; concerning any aircraft or space vehicle part; ``(2) exports from or imports or introduces into the United States, sells, trades, installs on or in any aircraft or space vehicle any aircraft or space vehicle part using or by means of a fraudulent representation, document, record, certification, depiction, data plate, label, or electronic communication; or ``(3) attempts or conspires to commit an offense described in paragraph (1) or (2); shall be punished as provided in subsection (b). ``(b) The punishment for an offense under subsection (a) is as follows: ``(1) If the offense relates to the aviation quality of a part and the part is installed in an aircraft or space vehicle, a fine of not more than $500,000, imprisonment for not more than 10 years, or both. ``(2) If, by reason of the failure of the part to operate as represented, the part to which the offense is related is the proximate cause of a malfunction or failure that results in serious bodily injury (as defined in section 1365), a fine of not more than $1,000,000, imprisonment for not more than 20 years, or both. ``(3) If, by reason of the failure of the part to operate as represented, the part to which the offense is related is the proximate cause of a malfunction or failure that results in the death of any person, a fine of not more than $1,000,000, imprisonment for any term of years or life, or both. ``(4) In the case of an offense under subsection (a) not described in paragraph (1), (2), or (3), a fine under this title, imprisonment for not more than 5 years, or both. ``(5) If the offense is committed by an organization, a fine of not more than-- ``(A) $10,000,000 in the case of an offense described in paragraph (1) or (4); and ``(B) $20,000,000 in the case of an offense described under paragraph (2) or (3). ``(c)(1) The district courts of the United States shall have jurisdiction to prevent and restrain violations of this section by issuing appropriate orders, including-- ``(A) ordering a person (convicted of an offense under this section) to divest any interest, direct or indirect, in any enterprise used to commit or facilitate the commission of the offense, or to destroy, or to mutilate and sell as scrap, aircraft material or part inventories or stocks; ``(B) imposing reasonable restrictions on the future activities or investments of any such person, including prohibiting engagement in the same type of endeavor as used to commit the offense; and ``(C) ordering the dissolution or reorganization of any enterprise knowingly used to commit or facilitate the commission of an offense under this section making due provisions for the rights and interests of innocent persons. ``(2) Pending final determination of a proceeding brought under this section, the court may enter such restraining orders or prohibitions, or take such other actions (including the acceptance of satisfactory performance bonds) as the court deems proper. ``(3) A final judgment rendered in favor of the United States in any criminal proceeding brought under this section shall stop the defendant from denying the essential allegations of the criminal offense in any subsequent civil proceeding brought by the United States. ``(d)(1) The court, in imposing sentence on any person convicted of an offense under this section, shall order, in addition to any other sentence and irrespective of any provision of State law, that the person forfeit to the United States-- ``(A) any property constituting, or derived from, any proceeds that the person obtained, directly or indirectly, as a result of the offense; and ``(B) any of the person's property used, or intended to be used in any manner, to commit or facilitate the commission of the offense, if the court in its discretion so determines, taking into consideration the nature, scope, and proportionality of the use of the property in the offense. ``(2) The forfeiture of property under this section, including any seizure and disposition of the property, and any proceedings relating to the property, shall be governed by section 413 of the Comprehensive Drug Abuse and Prevention Act of 1970 (21 U.S.C. 853) except subsection (d) of that section. ``(e) This section does not preempt or displace any other remedy, civil or criminal, provided by Federal or State law for the fraudulent importation, sale, trade, installation, or introduction into commerce of an aircraft or space vehicle part. ``(f) This section also applies to conduct occurring outside the United States if-- ``(1) the offender is a natural person who is a citizen or permanent resident alien of the United States, or an organization organized under the laws of the United States or political subdivision thereof; ``(2) the aircraft or spacecraft part as to which the violation relates was installed in an aircraft or space vehicle owned or operated at the time of the offense by a citizen or permanent resident alien of the United States, or by an organization organized under the laws of the United States or a State political subdivision thereof; or ``(3) an act in furtherance of the offense was committed in the United States.''. (2) Clerical amendment.--The table of sections at the beginning of chapter 2 of title 18, United States Code, is amended by adding at the end the following new item: ``38. Fraud involving aircraft or space vehicle parts in interstate or foreign commerce.''. (3) Wiretapping predicate.--Section 2516(1)(c) of title 18, United States Code, is amended by inserting ``section 38 (relating to aircraft parts fraud),'' after ``section 32 (relating to destruction of aircraft or aircraft facilities),''.

Grants the U.S. district courts jurisdiction to prevent and restrain violations pending final determination of such a proceeding. Specifies that a final judgment rendered in favor of the United States shall stop the defendant from denying the essential allegations of the criminal offense in any subsequent civil proceeding brought by the United States. Sets forth provisions regarding forfeiture of property, lack of preemption, and applicability to conduct occurring outside the United States under specified circumstances. Makes violation of this Act a predicate to authorization for interception of wire, oral, or electronic communications.

SECTION 1. INCREASE IN AMOUNT OF LOAN GUARANTY FOR LOANS FOR THE PURCHASE OR CONSTRUCTION OF HOMES. Subparagraphs (A)(i)(IV) and (B) of section 3703(a)(1) of title 38, United States Code, are each amended by striking out ``$46,000'' and inserting in lieu thereof ``$50,750''. SEC. 2. MORTGAGE PAYMENT ASSISTANCE TO AVOID FORECLOSURE OF HOME LOANS GUARANTEED UNDER TITLE 38. (a) In General.--(1) Chapter 37 of title 38, United States Code, is amended by inserting after section 3714 the following new section: ``Sec. 3715. Loans to refinance delinquent indebtedness ``(a)(1) The Secretary may, at the Secretary's option, provide assistance to a veteran under this section for the purpose of avoiding the foreclosure of a housing loan made to that veteran and guaranteed by the Secretary under section 3710 or 3712 of this title (hereinafter in this section referred to as a `primary loan'). ``(2) Assistance under this section shall be in the form of a loan to the veteran. Such assistance may be provided only if-- ``(A) the dwelling that secures the primary loan is the current residence of the veteran and is occupied by the veteran as the veteran's home; ``(B) the veteran is delinquent in payments on that primary loan and the holder has submitted the notice of default as required by section 3732(a)(2) and is unwilling to grant forbearance; ``(C) the veteran has lost employment or has encountered circumstances beyond his control which affect his ability to maintain mortgage payments; and ``(D) the Secretary determines that there is a reasonable prospect that the veteran will be able to resume payment on the primary loan within six months after receiving assistance under this section. ``(3) For the purposes of this section, the term `veteran' includes the surviving spouse of a veteran if the surviving spouse was a co- obligor of the primary loan. ``(b)(1) A loan under this section shall be advanced to the holder of the primary loan. The amount of the loan under this subsection shall first be applied to the amount delinquent on the loan guaranteed under this chapter including any amount delinquent on taxes, assessments, hazard insurance, and late charges required by the holder to be included in the veteran's monthly payment on the mortgage. Any remaining amount of such loan shall be retained by the holder and shall be applied to future payments, including taxes, assessments, and hazard insurance, due on the loan and unpaid (in whole or in part) on the date the payment becomes due. ``(2) The Secretary may make more than one loan under this section to a veteran. The total amount of loans under this section to any veteran may not exceed $10,000. ``(c) A loan under this section-- ``(1) shall bear no interest until the date on which payments on the primary loan (including amounts for taxes, assessments, hazard insurance, and late charges required by the holder to be included in the veteran's monthly payment on the mortgage) are current, and thereafter shall bear interest at a rate determined by the Secretary; ``(2) shall be secured by a lien on the property securing the primary loan and by such other security as the Secretary may require; and ``(3) shall be subject to such additional terms and conditions as the Secretary may require. ``(d) As a condition of receiving a loan under this section the veteran shall execute an agreement, in such form as the Secretary may prescribe, to repay the loan within a reasonable period of time, as determined by the Secretary, not to exceed 15 years from the date on which such loan is made. If the Secretary determines that the veteran has sufficient income or other resources to do so, the Secretary may require the veteran to make partial payments on the primary loan guaranteed under this chapter during the period the holder of that loan is applying the amount of the loan under this section to payments becoming due on the primary loan. ``(e) Notwithstanding any other law, the Secretary may employ attorneys to bring suit to collect any amount of a loan under this section on which the veteran to whom the loan is made is in default. ``(f) The Secretary's decisions on any question of law or fact regarding assistance under this section, including whether or not to grant such assistance and the terms and conditions under which such assistance is granted or not granted, shall be final and conclusive, and no other official or any court of the United States shall have power or jurisdiction to review any such decision by an action in the nature of mandamus or otherwise. ``(g) A loan under this section shall be made from the fund established under section 3724 or 3725 of this title that is available with respect to the primary loan in connection with which the loan is made under this section.''. (2) The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 3714 the following new item: ``3715. Loans to refinance delinquent indebtedness.''. (b) Effective Date.--The amendments made by subsection (a) shall take effect at the end of the 60-day period beginning on the date of the enactment of this Act. SEC. 3. FINANCING OF DISCOUNT POINTS. Section 3703(c)(4)(B) of title 38, United States Code, is amended in the second sentence by striking out ``Discount'' and inserting in lieu thereof ``Except in the case of a loan for the purpose specified in section 3710(a)(8), 3710(b)(7), or section 3712(a)(1)(F) of this title, discount''. SEC. 4. RATE ADJUSTMENTS FOR ADJUSTABLE RATE MORTGAGES. Section 3707(b)(2) of title 38, United States Code, is amended by striking out ``on the anniversary of the date on which the loan was closed''. SEC. 5. CEMETERY PLOT ALLOWANCE FOR VETERANS ELIGIBLE FOR BURIAL IN A NATIONAL CEMETERY BUT INTERRED IN A STATE VETERANS CEMETERY. Section 2303 of title 38, United States Code, is amended by adding at the end thereof the following: ``(c) In addition to the benefits provided for under section 2302 of this title and subsection (a) of this section, in the case of a veteran who-- ``(1) is eligible for burial in a national cemetery under section 2402 of this title, and ``(2) is buried (without charge for the cost of a plot or interment) in a cemetery, or a section of a cemetery, that (A) is used solely for the interment of persons eligible for burial in a national cemetery, and (B) is owned by a State or by an agency or political subdivision of a State, the Secretary shall pay to such State, agency, or political subdivision the sum of $150 as a plot or interment allowance for such veteran.''. SEC. 6. INCREASE IN FEDERAL AID TO STATES VETERANS' CEMETERIES. Paragraphs (1) and (2) of section 2408(b) are each amended by striking out ``50 percent'' and inserting in lieu thereof ``65 percent.''. SEC. 7. EXTENSION OF AUTHORIZATION OF APPROPRIATIONS FOR STATE CEMETERY GRANT PROGRAM. Paragraph (2) of section 2408(a) of title 38, United States Code, is amended by striking out ``nine'' and inserting in lieu thereof ``fourteen''. SEC. 8. REMOVAL OF FUNDING REQUIREMENT OF HOMELESS VETERANS COMPREHENSIVE SERVICE PROGRAMS ACT OF 1992. Section 12 of the Homeless Veterans Comprehensive Service Programs Act of 1992 (38 U.S.C. 7721 note) is amended by striking out the second sentence. Passed the House of Representatives September 21, 1993. Attest: DONNALD K. ANDERSON, Clerk.

Increases from $46,000 to $50,750 the amount of the loan guaranty by the Department of Veterans Affairs for loans to qualifying veterans for the purchase or construction of homes. Authorizes the Secretary of Veterans Affairs to provide financial assistance to veterans for the purpose of avoiding foreclosure on a mortgage loan made and guaranteed by the Department. Provides conditions for such assistance. Allows the Secretary to make more than one loan to a veteran, but limits the per-veteran total to $10,000. Requires repayment of all such financial assistance provided. Makes a technical correction relating to the financing of discount points for certain veterans' loans. Deletes the requirement that adjustments in adjustable rate mortgages guaranteed to veterans by the Department occur on the anniversary of the date on which the loan was closed. Provides a $150 cemetery plot allowance, payable to a State or appropriate political subdivision, in the case of a veteran who is eligible for burial in a national cemetery and is buried in a cemetery used solely for the burial of persons eligible for burial in national cemeteries and owned by a State or its political subdivision. Increases the amount authorized to be paid by the Secretary to a State for establishing, expanding, or improving veterans' cemeteries owned by such State from 50 to 65 percent of the total value and cost of such construction or improvements. Extends the authorization of appropriations for such program through FY 1999. Amends the Homeless Veterans Comprehensive Service Programs Act of 1992 to delete a provision which limits grant funds provided under such Act to 65 percent of the estimated cost of expanding and improving the provision of Department benefits and services to homeless veterans.

SECTION 1. SHORT TITLE; FINDINGS. (a) Short Title.--This Act may be cited as the ``Osteoporosis Early Detection and Prevention Act of 1997''. (b) Findings.--Congress makes the following findings: (1) Nature of osteoporosis.-- (A) Osteoporosis is a disease characterized by low bone mass and structural deterioration of bone tissue leading to bone fragility and increased susceptibility to fractures of the hip, spine, and wrist. (B) Osteoporosis has no symptoms and typically remains undiagnosed until a fracture occurs. (C) Once a fracture occurs, the condition has usually advanced to the stage where the likelihood is high that another fracture will occur. (D) There is no cure for osteoporosis, but drug therapy has been shown to reduce new hip and spine fractures by 50 percent and other treatments, such as nutrition therapy, have also proven effective. (2) Incidence of osteoporosis.--Osteoporosis is a common condition: (A) Of the 28 million Americans who have (or are at risk for) osteoporosis, 80 percent are women. (B) Annually there are 1.5 million bone fractures attributable to osteoporosis. (C) Half of all women, and one-eighth of all men, age 50 or older will have a bone fracture due to osteoporosis. (3) Impact of osteoporosis.--The cost of treating osteoporosis is significant: (A) The annual cost of osteoporosis in the United States is $13.8 billion. (B) The average cost in the United States of repairing a hip fracture due to osteoporosis is $32,000. (C) Fractures due to osteoporosis frequently result in disability and institutionalization of individuals. (D) Because osteoporosis is a progressive condition and affects primarily aging individuals, reductions in the incidence or severity of osteoporosis, particularly for post menopausal women before they become eligible for Medicare, has a significant potential of reducing osteoporosis-related costs under the Medicare program. (4) Use of bone mass measurement.-- (A) Bone mass measurement is a non-invasive, painless, and reliable way to diagnose osteoporosis before costly fractures occur. (B) Low bone mass is as predictive of future fractures as is high cholesterol or high blood pressure of heart disease or stroke. (C) Bone mass measurement is the only reliable method of detecting osteoporosis at an early stage. (D) Under section 4106 of the Balanced Budget Act of 1997, Medicare will provide coverage, effective July 1, 1998, for bone mass measurement for qualified individuals who are at risk of developing osteoporosis. SEC. 2. REQUIRING COVERAGE OF BONE MASS MEASUREMENT UNDER HEALTH PLANS. (a) Group Health Plans.-- (1) Public health service act amendments.--(A) Subpart 2 of part A of title XXVII of the Public Health Service Act, as amended by section 703(a) of Public Law 104-204, is amended by adding at the end the following new section: ``SEC. 2706. STANDARDS RELATING TO BENEFITS FOR BONE MASS MEASUREMENT. ``(a) Requirements for Coverage of Bone Mass Measurement.--A group health plan, and a health insurance issuer offering group health insurance coverage, shall include (consistent with this section) coverage for bone mass measurement for beneficiaries and participants who are qualified individuals. ``(b) Definitions Relating to Coverage.--In this section: ``(1) Bone mass measurement.--The term `bone mass measurement' means a radiologic or radioisotopic procedure or other procedure approved by the Food and Drug Administration performed on an individual for the purpose of identifying bone mass or detecting bone loss or determining bone quality, and includes a physician's interpretation of the results of the procedure. Nothing in this paragraph shall be construed as requiring a bone mass measurement to be conducted in a particular type of facility or to prevent such a measurement from being conducted through the use of mobile facilities that are otherwise qualified. ``(2) Qualified individual.--The term `qualified individual' means an individual who-- ``(A) is an estrogen-deficient woman at clinical risk for osteoporosis; ``(B) has vertebral abnormalities; ``(C) is receiving chemotherapy or long-term gluococorticoid (steroid) therapy; ``(D) has primary hyperparathyroidism, hyperthyroidism, or excess thyroid replacement; or ``(E) is being monitored to assess the response to or efficacy of approved osteoporosis drug therapy. ``(c) Limitation on Frequency Required.--Taking into account the standards established under section 1861(rr)(3) of the Social Security Act, the Secretary shall establish standards regarding the frequency with which a qualified individual shall be eligible to be provided benefits for bone mass measurement under this section. The Secretary may vary such standards based on the clinical and risk-related characteristics of qualified individuals. ``(d) Restrictions on Cost-Sharing.-- ``(1) In general.--Subject to paragraph (2), nothing in this section shall be construed as preventing a group health plan or issuer from imposing deductibles, coinsurance, or other cost-sharing in relation to bone mass measurement under the plan (or health insurance coverage offered in connection with a plan). ``(2) Limitation.--Deductibles, coinsurance, and other cost-sharing or other limitations for bone mass measurement may not be imposed under paragraph (1) to the extent they exceed the deductibles, coinsurance, and limitations that are applied to similar services under the group health plan or health insurance coverage. ``(e) Prohibitions.--A group health plan, and a health insurance issuer offering group health insurance coverage in connection with a group health plan, may not-- ``(1) deny to an individual eligibility, or continued eligibility, to enroll or to renew coverage under the terms of the plan, solely for the purpose of avoiding the requirements of this section; ``(2) provide incentives (monetary or otherwise) to individuals to encourage such individuals not to be provided bone mass measurements to which they are entitled under this section or to providers to induce such providers not to provide such measurements to qualified individuals; ``(3) prohibit a provider from discussing with a patient osteoporosis preventive techniques or medical treatment options relating to this section; or ``(4) penalize or otherwise reduce or limit the reimbursement of a provider because such provider provided bone mass measurements to a qualified individual in accordance with this section. ``(f) Rule of Construction.--Nothing in this section shall be construed to require an individual who is a participant or beneficiary to undergo bone mass measurement. ``(g) Notice.--A group health plan under this part shall comply with the notice requirement under section 713(g) of the Employee Retirement Income Security Act of 1974 with respect to the requirements of this section as if such section applied to such plan. ``(h) Level and Type of Reimbursements.--Nothing in this section shall be construed to prevent a group health plan or a health insurance issuer offering group health insurance coverage from negotiating the level and type of reimbursement with a provider for care provided in accordance with this section. ``(i) Preemption.-- ``(1) In general.--The provisions of this section do not preempt State law relating to health insurance coverage to the extent such State law provides greater benefits with respect to osteoporosis detection or prevention. ``(2) Construction.--Section 2723(a)(1) shall not be construed as superseding a State law described in paragraph (1).''. (B) Section 2723(c) of such Act (42 U.S.C. 300gg-23(c)), as amended by section 604(b)(2) of Public Law 104-204, is amended by striking ``section 2704'' and inserting ``sections 2704 and 2706''. (2) ERISA amendments.--(A) Subpart B of part 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974, as amended by section 702(a) of Public Law 104-204, is amended by adding at the end the following new section: ``SEC. 713. STANDARDS RELATING TO BENEFITS FOR BONE MASS MEASUREMENT. ``(a) Requirements for Coverage of Bone Mass Measurement.--A group health plan, and a health insurance issuer offering group health insurance coverage, shall include (consistent with this section) coverage for bone mass measurement for beneficiaries and participants who are qualified individuals. ``(b) Definitions Relating to Coverage.--In this section: ``(1) Bone mass measurement.--The term `bone mass measurement' means a radiologic or radioisotopic procedure or other procedure approved by the Food and Drug Administration performed on an individual for the purpose of identifying bone mass or detecting bone loss or determining bone quality, and includes a physician's interpretation of the results of the procedure. Nothing in this paragraph shall be construed as requiring a bone mass measurement to be conducted in a particular type of facility or to prevent such a measurement from being conducted through the use of mobile facilities that are otherwise qualified. ``(2) Qualified individual.--The term `qualified individual' means an individual who-- ``(A) is an estrogen-deficient woman at clinical risk for osteoporosis; ``(B) has vertebral abnormalities; ``(C) is receiving chemotherapy or long-term gluococorticoid (steroid) therapy; ``(D) has primary hyperparathyroidism, hyperthyroidism, or excess thyroid replacement; or ``(E) is being monitored to assess the response to or efficacy of approved osteoporosis drug therapy. ``(c) Limitation on Frequency Required.--The standards established under section 2706(c) of the Public Health Service Act shall apply to benefits provided under this section in the same manner as they apply to benefits provided under section 2706 of such Act. ``(d) Restrictions on Cost-Sharing.-- ``(1) In general.--Subject to paragraph (2), nothing in this section shall be construed as preventing a group health plan or issuer from imposing deductibles, coinsurance, or other cost-sharing in relation to bone mass measurement under the plan (or health insurance coverage offered in connection with a plan). ``(2) Limitation.--Deductibles, coinsurance, and other cost-sharing or other limitations for bone mass measurement may not be imposed under paragraph (1) to the extent they exceed the deductibles, coinsurance, and limitations that are applied to similar services under the group health plan or health insurance coverage. ``(e) Prohibitions.--A group health plan, and a health insurance issuer offering group health insurance coverage in connection with a group health plan, may not-- ``(1) deny to an individual eligibility, or continued eligibility, to enroll or to renew coverage under the terms of the plan, solely for the purpose of avoiding the requirements of this section; ``(2) provide incentives (monetary or otherwise) to individuals to encourage such individuals not to be provided bone mass measurements to which they are entitled under this section or to providers to induce such providers not to provide such measurements to qualified individuals; ``(3) prohibit a provider from discussing with a patient osteoporosis preventive techniques or medical treatment options relating to this section; or ``(4) penalize or otherwise reduce or limit the reimbursement of a provider because such provider provided bone mass measurements to a qualified individual in accordance with this section. ``(f) Rule of Construction.--Nothing in this section shall be construed to require an individual who is a participant or beneficiary to undergo bone mass measurement. ``(g) Notice under Group Health Plan.--The imposition of the requirements of this section shall be treated as a material modification in the terms of the plan described in section 102(a)(1), for purposes of assuring notice of such requirements under the plan; except that the summary description required to be provided under the last sentence of section 104(b)(1) with respect to such modification shall be provided by not later than 60 days after the first day of the first plan year in which such requirements apply. ``(h) Preemption.-- ``(1) In general.--The provisions of this section do not preempt State law relating to health insurance coverage to the extent such State law provides greater benefits with respect to osteoporosis detection or prevention. ``(2) Construction.--Section 731(a)(1) shall not be construed as superseding a State law described in paragraph (1).''. (B) Section 731(c) of such Act (29 U.S.C. 1191(c)), as amended by section 603(b)(1) of Public Law 104-204, is amended by striking ``section 711'' and inserting ``sections 711 and 713''. (C) Section 732(a) of such Act (29 U.S.C. 1191a(a)), as amended by section 603(b)(2) of Public Law 104-204, is amended by striking ``section 711'' and inserting ``sections 711 and 713''. (D) The table of contents in section 1 of such Act is amended by inserting after the item relating to section 712 the following new item: ``Sec. 713. Standards relating to benefits for bone mass measurement. (b) Individual Health Insurance.--(1) Part B of title XXVII of the Public Health Service Act, as amended by section 605(a) of Public Law 104-204, is amended by inserting after section 2751 the following new section: ``SEC. 2752. STANDARDS RELATING TO BENEFITS FOR BONE MASS MEASUREMENT. ``(a) In General.--The provisions of section 2706 (other than subsection (g)) shall apply to health insurance coverage offered by a health insurance issuer in the individual market in the same manner as it applies to health insurance coverage offered by a health insurance issuer in connection with a group health plan in the small or large group market. ``(b) Notice.--A health insurance issuer under this part shall comply with the notice requirement under section 713(g) of the Employee Retirement Income Security Act of 1974 with respect to the requirements referred to in subsection (a) as if such section applied to such issuer and such issuer were a group health plan. ``(c) Preemption.-- ``(1) In general.--The provisions of this section do not preempt State law relating to health insurance coverage to the extent such State law provides greater benefits with respect to osteoporosis detection or prevention. ``(2) Construction.--Section 2762(a) shall not be construed as superseding a State law described in paragraph (1).''. (2) Section 2762(b)(2) of such Act (42 U.S.C. 300gg-62(b)(2)), as added by section 605(b)(3)(B) of Public Law 104-204, is amended by striking ``section 2751'' and inserting ``sections 2751 and 2752''. (c) Effective Dates.--(1) The amendments made by subsection (a) shall apply with respect to group health plans for plan years beginning on or after January 1, 1999. (2) The amendments made by subsection (b) shall apply with respect to health insurance coverage offered, sold, issued, renewed, in effect, or operated in the individual market on or after such date.

Osteoporosis Early Detection and Prevention Act of 1997 - Amends the Public Health Service Act and the Employee Retirement Income Security Act of 1974 to require a group health plan, and an insurer offering group coverage, to include coverage for bone mass measurement for individuals who: (1) are estrogen-deficient women at clinical risk for osteoporosis; (2) have vertebral abnormalities; (3) are receiving chemotherapy or long-term gluococorticoid (steroid) therapy; (4) have primary hyperparathyroidism, hyperthyroidism, or excess thyroid replacement; or (5) are being monitored to assess the response to or efficacy of approved osteoporosis drug therapy. Regulates frequency and cost sharing. Prohibits related denial of coverage, incentives to individuals, restrictions on provider-patient communications, and provider penalties. Allows State laws providing greater detection or prevention benefits. Amends the Public Health Service Act to apply the above requirements to coverage offered in the individual market.