CJWeiss/LexSumm · Datasets at Hugging Face

SECTION 1. SHORT TITLE. This Act may be cited as the ``Real Estate Revitalization Act of 2010''. SEC. 2. TREATMENT OF FOREIGN INVESTMENTS IN UNITED STATES REAL PROPERTY. (a) Interest in Domestic Corporation Not a United States Real Property Interest.--Subsection (c) of section 897 of the Internal Revenue Code of 1986 is amended to read as follows: ``(c) United States Real Property Interest.--For purposes of this section-- ``(1) In general.--The term `United States real property interest' means an interest in real property (including an interest in a mine, well, or other natural deposit) located in the United States or the Virgin Islands. ``(2) Other special rules.-- ``(A) Interest in real property.--The term `interest in real property' includes fee ownership and co-ownership of land or improvements thereon, leaseholds of land or improvements thereon, options to acquire land or improvements thereon, and options to acquire leaseholds of land or improvements thereon. ``(B) Real property includes associated personal property.--The term `real property' includes movable walls, furnishings, and other personal property associated with the use of the real property.''. (b) Rules for Certain Investment Entities.--Section 897(h) of such Code is amended to read as follows: ``(h) Special Rules for Certain Investment Entities.--For purposes of this section-- ``(1) Look-through of distributions.--Any distribution by a qualified investment entity to a nonresident alien individual or a foreign corporation shall, to the extent attributable to gain from sales or exchanges by the qualified investment entity (including as a result of sales or exchanges by a lower-tier qualified investment entity) of United States real property interests, be included in such foreign person's gross income as an ordinary dividend from the qualified investment entity. ``(2) Liquidating distributions.--In the event of a liquidating distribution, the lesser of-- ``(A) gain recognized under section 331, or ``(B) the amount that would be treated as an ordinary dividend pursuant to paragraph (1), shall be treated as an ordinary dividend. ``(3) Partnerships.--For purposes of this paragraph, a qualified investment entity shall be deemed to own its proportionate share of each of the assets of any partnership (as defined in section 7701(a)(2)) in which the qualified investment entity has an interest as a partner. ``(4) Qualified investment entity.--The term `qualified investment entity' means any real estate investment trust and any regulated investment company.''. (c) Repeal of the Election by a Foreign Corporation To Be Treated as a Domestic Corporation.--Section 897 of such Code is amended by striking subsection (i). (d) Conforming Amendments.-- (1) Section 852(b)(3)(E) of such Code is amended by striking ``to which section 897 does not apply by reason of the second sentence of section 897(h)(1)'' and inserting ``described in section 897(h)(1)''. (2) Section 857(b)(3)(F) of such Code is amended by striking ``In the case of a shareholder of a real estate investment trust to whom section 897 does not apply by reason of the second sentence of section 897(h)(1)'' and inserting ``In the case of a distribution described in section 897(h)(1) to a shareholder of a real estate investment trust''. (3) Section 871(k)(2)(E) of such Code is amended by striking ``to which section 897 does not apply by reason of the second sentence of section 897(h)(1)'' and inserting ``described in section 897(h)(1)''. (4) Section 884(d)(2) of such Code is amended by striking subparagraph (C) and redesignating subparagraphs (D) and (E) as subparagraphs (C) and (D), respectively. (5)(A) Section 1445(b) of such Code is amended by striking paragraphs (3), (6), and (8) and by redesignating paragraphs (4), (5), (7), and (9) as paragraphs (3), (4), (5), and (6), respectively. (B) Section 1445(d)(1)(A) of such Code is amended by striking ``or a domestic corporation furnishes the transferee an affidavit described in paragraph (3) of subsection (b)''. (C) Section 1445(e) of such Code is amended by striking paragraphs (3) and (6) and by redesignating paragraphs (4), (5), and (7) as paragraphs (3), (4), and (5), respectively. (6) Paragraphs (1) and (2) of section 6039C(d) of such Code are amended to read as follows: ``(1) to the United States, in the case of any interest in real property located in the United States, and ``(2) to the Virgin Islands, in the case of any interest in real property located in the Virgin Islands.''. (e) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2009.

Real Estate Revitalization Act of 2010 - Amends the Internal Revenue Code, with respect to foreign investment in United States real property, to: (1) redefine "United States real property interest" to eliminate exclusions relating to interests in holding corporations; (2) treat distributions of real property interests by a real estate investment trusts (REIT) or a regulated investment company (RIC) as ordinary dividends; and (3) repeal the election allowed to foreign corporations to be treated as a domestic corporation for purposes of investment in a United States real property interest.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Social Security Number Online Protection Act of 2007''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The inappropriate display of social security account numbers has contributed to a growing range of illegal activities, including fraud, identity theft, stalking, and other crimes that have a substantial effect on interstate commerce and public safety. (2) The Federal Government requires virtually every individual in the United States to obtain and maintain a social security account number in order to pay taxes, to qualify for old-age, survivors, and disability insurance benefits under title II of the Social Security Act, or to seek employment. An unintended consequence of these requirements is that social security account numbers have become one of the tools that can be used to facilitate crime, fraud, and invasions of the privacy of the individuals to whom the numbers are assigned. Because the Federal Government created and maintains this system, and because the Federal Government does not permit individuals to exempt themselves from those requirements, it is appropriate for the Federal Government to take steps to stem the abuse of social security account numbers. (3) In most jurisdictions throughout the United States, State and local law requires that certain public documents, such as business filings, property records, and birth and marriage certificates, be made available to the general public. These documents may contain an individual's social security account number. An increasing number of official records repositories, such as repositories maintained by a Secretary of State's office or a local clerk's office, are storing such records on the Internet. In a report issued in November 2004, the Government Accountability Office estimated that between 15 and 28 percent of counties display records containing social security account numbers on the Internet, potentially affecting millions of individuals. Due to a patchwork of practices and regulations, the risk of exposure of social security account numbers through the Internet is highly variable across States and localities. While online availability of public records improves access, it also increases the risk that social security account numbers will be widely displayed and misused. SEC. 3. PROHIBITION ON THE DISPLAY TO THE GENERAL PUBLIC ON THE INTERNET OF ALL OR ANY PORTION OF SOCIAL SECURITY ACCOUNT NUMBERS BY STATE AND LOCAL GOVERNMENTS. (a) In General.--Chapter 88 of title 18, United States Code, is amended by inserting at the end the following: ``Sec. 1802. Prohibition on the display to the general public on the Internet of all or any portion of social security account numbers by State and local governments ``(a) In General.--A State, a political subdivision of a State, or any officer, employee, or contractor of a State or a political subdivision of a State, shall not display to the general public on the Internet all or any portion of any social security account number. ``(b) Rules of Construction; Deemed Compliance.-- ``(1) Rules of construction.--Nothing in this section shall be construed to supersede, alter, or affect-- ``(A) any restriction or limitation on the display to the general public on the Internet of all, or any part of, social security account numbers provided for in any statute, regulation, or order of the Federal Government, a State, or a political subdivision of a State, or under any interpretation of such a statute, regulation, or order, if the restriction or limitation is greater than that provided under this section; or ``(B) any statute, regulation, or order of the Federal Government, a State, or a political subdivision of a State relating to the submission of a social security account number to a State or a political subdivision of a State. ``(2) Deemed compliance.--A State, a political subdivision of a State, or any officer, employee, or contractor of a State or a political subdivision of a State, shall be deemed to be in compliance with the requirements of subsection (a) if the State or political subdivision permits an individual to submit in addition to original material required to be submitted to the State or political subdivision that contains all or any portion of the individual's social security account number, a duplicate of the material that has all of the individual's social security account number redacted. ``(c) Penalties.--A State or a political subdivision of a State that has a policy or practice of substantial noncompliance with this section shall be subject to a civil penalty imposed by the Attorney General of not more than $5,000 a day for each day of substantial noncompliance. ``(d) Enforcement.--The Attorney General may bring a civil action against a State, a political subdivision of a State, or any officer, employee, or contractor of a State or a political subdivision of a State, in any appropriate United States District Court for appropriate relief with respect to a display to the general public on the Internet of all or any portion of any social security account number in violation of this section. ``(e) Definitions.--In this section: ``(1) Display to the general public on the internet.-- ``(A) In general.--The term `display to the general public on the Internet' means, in connection with all or any portion of a social security account number, to place such number or any portion of such number, in a viewable manner on an Internet site that is available to the general public, including any Internet site that requires a fee for access to information accessible on or through the site. ``(B) Inclusion of certain unprotected transmissions.--In any case in which a State, a political subdivision of a State, or any officer, employee, or contractor of a State or a political subdivision of a State, requires as a condition of doing business transmittal of all, or any part of, an individual's social security account number by means of the Internet without reasonable provisions to ensure that such number is encrypted or otherwise secured from disclosure, any such transmittal of such number shall be treated as a `display to the general public on the Internet' for purposes of this section. ``(2) Social security account number.--The term `social security account number' means the account number assigned to an individual by the Commissioner of Social Security in the exercise of the Commissioner's authority under section 205(c)(2) of the Social Security Act and includes any derivative of such number.''. (b) Clerical Amendment.--The chapter analysis for chapter 88 of title 18, United States Code, is amended by adding at the end the following: ``1802. Prohibition on the display to the general public on the Internet of all or any portion of social security account numbers by State and local governments.''. (c) Effective Date.--The amendments made by subsections (a) and (b) shall take effect on the date that is 180 days after the date of enactment of ths Act and shall apply to violations occurring on or after that date. (d) No Retroactive Application.--Nothing in section 1802 of title 18, United States Code, as added by the amendments made by subsections (a) and (b), shall be construed as applying to the placement of all or any portion of a social security account number in a viewable manner on an Internet site that is available to the general public, including any Internet site that requires a fee for access to information accessible on or through the site, by a State, a political subdivision of a State, or any officer, employee, or contractor of a State or a political subdivision of a State, that is done prior to the effective date of such amendments. SEC. 4. GRANTS TO STATE AND LOCAL GOVERNMENTS TO COME INTO COMPLIANCE WITH THE PROHIBITION ON THE DISPLAY TO THE GENERAL PUBLIC ON THE INTERNET OF ALL OR ANY PORTION OF SOCIAL SECURITY ACCOUNT NUMBERS. (a) In General.--The Attorney General shall award grants to States and political subdivisions of States to carry out activities to remove or redact all social security account numbers from forms and records of executive, legislative, and judicial agencies of States and political subdivisions of States that, as of the date of enactment of this Act, have been displayed to the general public on the Internet and would be a violation of section 1802 of title 18, United States Code, (as added by section 3) if that section had been in effect at the time such numbers were first displayed. (b) Application.--A State or political subdivision of a State desiring a grant under this section shall submit an application to the Attorney General at such time, in such manner, and containing such information as the Attorney General shall require. (c) Authorization of Appropriations.--There is authorized to be appropriated to the Attorney General to carry out this section, $10,000,000 for each of fiscal years 2008 and 2009. (d) Definition of State.--In this section, the term ``State'' means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, and the Commonwealth of the Northern Marianas.

Social Security Number Online Protection Act of 2007 - Amends the federal criminal code to prohibit a state, local government, or any officer, employee, or contractor of a state or local government, from displaying to the general public on the Internet all or any portion of any Social Security account number. Establishes a fine of up to $5,000 a day on any state or local government that has a policy or practice of substantial noncompliance with the requirements of this Act. Authorizes the Attorney General to bring a civil action against a state, local government, or officer, employee, or contractor of such state or local government for appropriate relief for any violation of this Act. Directs the Attorney General to award grants to states and local governments to come into compliance with such prohibition.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Business Checking Modernization Act''. SEC. 2. AMENDMENTS RELATING TO DEMAND DEPOSIT ACCOUNTS AT DEPOSITORY INSTITUTIONS. (a) Interest-Bearing Transaction Accounts Authorized.-- (1) Federal reserve act.--Section 19(i) of the Federal Reserve Act (12 U.S.C. 371a) is amended by inserting at the end the following: ``Notwithstanding any other provision of this section, a member bank may permit the owner of any deposit, any account which is a deposit, or any account on which interest or dividends are paid to make up to 24 transfers per month (or such greater number as the Board may determine by rule or order), for any purpose, to a demand deposit account of the owner in the same institution. Nothing in this subsection shall be construed to prevent an account offered pursuant to this subsection from being considered a transaction account for purposes of this Act.''. (2) Home owners' loan act.-- (A) In general.--Section 5(b)(1) of the Home Owners' Loan Act (12 U.S.C. 1464 (b)(1)) is amended by adding at the end the following new subparagraph: ``(G) Transfers.--Notwithstanding any other provision of this paragraph, a Federal savings association may permit the owner of any deposit or share, any account which is a deposit or share, or any account on which interest or dividends are paid to make up to 24 transfers per month (or such greater number as the Board of Governors of the Federal Reserve System may determine by rule or order under section 19(i) to be permissible for member banks), for any purpose, to a demand deposit account of the owner in the same institution. Nothing in this subsection shall be construed to prevent an account offered pursuant to this subsection from being considered a transaction account (as defined in section 19(b) of the Federal Reserve Act) for purposes of the Federal Reserve Act.''. (B) Repeal.--Effective at the end of the 3-year period beginning on the date of the enactment of this Act, section 5(b)(1) of the Home Owners' Loan Act (12 U.S.C. 1464 (b)(1)) is amended by striking subparagraph (G). (3) Federal deposit insurance act.--Section 18(g) of the Federal Deposit Insurance Act (12 U.S.C. 1828(g)) is amended by adding at the end the following new paragraph: ``(3) Transfers.--Notwithstanding any other provision of this subsection, an insured nonmember bank or insured State savings association may permit the owner of any deposit or share, any account which is a deposit or share, or any account on which interest or dividends are paid to make up to 24 transfers per month (or such greater number as the Board of Governors of the Federal Reserve System may determine by rule or order under section 19(i) to be permissible for member banks), for any purpose, to a demand deposit account of the owner in the same institution. Nothing in this subsection shall be construed to prevent an account offered pursuant to this subsection from being considered a transaction account (as defined in section 19(b) of the Federal Reserve Act) for purposes of the Federal Reserve Act.''. (b) Repeal of Prohibition on Payment of Interest on Demand Deposits.-- (1) Federal reserve act.--Section 19(i) of the Federal Reserve Act (12 U.S.C. 371a) is amended to read as follows: ``(i) [Repealed]''. (2) Home owners' loan act.--The 1st sentence of section 5(b)(1)(B) of the Home Owners' Loan Act (12 U.S.C. 1464(b)(1)(B)) is amended by striking ``savings association may not--'' and all that follows through ``(ii) permit any'' and inserting ``savings association may not permit any''. (3) Federal deposit insurance act.--Section 18(g) of the Federal Deposit Insurance Act (12 U.S.C. 1828(g)) is amended to read as follows: ``(g) [Repealed]''. (c) Effective Date.--The amendments made by subsection (b) shall take effect at the end of the 3-year period beginning on the date of the enactment of this Act. SEC. 3. INCREASED FEDERAL RESERVE BOARD FLEXIBILITY IN SETTING RESERVE REQUIREMENTS. Section 19(b)(2) of the Federal Reserve Act (12 U.S.C. 461(b)(2)) is amended-- (1) in clause (i), by striking ``the ratio of 3 per centum'' and inserting ``a ratio not greater than 3 percent''; and (2) in clause (ii), by striking ``and not less than 8 per centum''. Passed the House of Representatives April 11, 2000. Attest: JEFF TRANDAHL, Clerk.

Eliminates the minimum mandatory reserve ratios for depository institutions.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Hurricane Andrew Supplemental Appropriations Act for Fiscal Year 1993''. SEC. 2. EMERGENCY SUPPLEMENTAL APPROPRIATIONS. The following sums are appropriated, out of any money in the Treasury not otherwise appropriated, to provide emergency supplemental appropriations for fiscal year 1993: DEPARTMENT OF AGRICULTURE Farmers Home Administration rural housing for domestic farm labor For an additional amount for ``Rural housing for domestic farm labor'' for the cost of repair and replacement of uninsured losses resulting from Hurricane Andrew in the southern portion of Dade County, Florida, $30,000,000, to remain available until expended. The Congress hereby designates the entire such amount as an emergency requirement for all purposes of the Balanced Budget and Emergency Deficit Control Act of 1985. Such amount shall be available only to the extent of a specific dollar amount for such purpose that is included in an official budget request submitted by the President to the Congress and that is designated as an emergency requirement for all purposes of the Balanced Budget and Emergency Deficit Control Act of 1985. DEPARTMENT OF COMMERCE Economic Development Administration economic development assistance programs For an additional amount for ``Economic development assistance programs'' pursuant to the Public Works and Economic Development Act of 1965 (42 U.S.C. 3121 et seq.), to be used for grants to the State of Florida and local communities in recovering from the consequences of Hurricane Andrew, $20,000,000, to remain available until expended. The Congress hereby designates the entire such amount as an emergency requirement for all purposes of the Balanced Budget and Emergency Deficit Control Act of 1985. Such amount shall be available only to the extent of a specific dollar amount for such purpose that is included in an official budget request submitted by the President to the Congress and that is designated as an emergency requirement for all purposes of the Balanced Budget and Emergency Deficit Control Act of 1985. DEPARTMENT OF HEALTH AND HUMAN SERVICES Substance Abuse and Mental Health Services Administration alcohol, drug abuse, and mental health For an additional amount for ``Alcohol, drug abuse, and mental health'', $20,300,000, to remain available until expended, of which amount $16,200,000 shall be available for the continuation of post- Hurricane Andrew mental health and substance abuse treatment programs in Dade County, Florida, $2,500,000 shall be available for a comprehensive multidisciplinary drug research, education, and training center in the Homestead, Florida, area to carry out a combined treatment and assessment program during a 3-year period, and $1,600,000 shall be available for residential psychiatric services for children in the Homestead, Florida, area. The Congress hereby designates the entire such amount as an emergency requirement for all purposes of the Balanced Budget and Emergency Deficit Control Act of 1985. Such amount shall be available only to the extent of a specific dollar amount for such purpose that is included in an official budget request submitted by the President to the Congress and that is designated as an emergency requirement for all purposes of the Balanced Budget and Emergency Deficit Control Act of 1985. DEPARTMENT OF EDUCATION Impact Aid For an additional amount for ``Impact Aid'' for carrying out disaster assistance activities authorized by section 7 of Public Law 81-874 (20 U.S.C. 241-1) with respect to the Dade County, Florida, public schools, $38,000,000, to remain available until expended. The Congress hereby designates the entire such amount as an emergency requirement for all purposes of the Balanced Budget and Emergency Deficit Control Act of 1985. Such amount shall be available only to the extent of a specific dollar amount for such purpose that is included in an official budget request submitted by the President to the Congress and that is designated as an emergency requirement for all purposes of the Balanced Budget and Emergency Deficit Control Act of 1985. The Secretary may waive or modify any requirement of law or regulation (except requirements relating to civil rights, discrimination, or safety) that the Secretary determines is necessary in order to provide such disaster assistance as efficiently and expeditiously as possible. Any waiver or modification under the preceding sentence with respect to the Rehabilitation Act of 1973 shall be limited to requirements for the matching of Federal funds, maintenance of effort, and the time period for the obligation of Federal funds, and may be made only if the recipient demonstrates to the satisfaction of the Secretary in its written application that such requirements impose a demonstrable barrier to the progress of the recipient in overcoming the effects of Hurricane Andrew. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT Housing Programs home investment partnerships program (transfer of funds) For an additional amount for the ``HOME investment partnerships program'' for use only in areas of Florida damaged by Hurricane Andrew, $82,200,000, to remain available until expended, and to be derived by transfer of $62,000,000 from the amount made available by the 1st paragraph under the heading ``Annual contributions for assisted housing'' in Public Law 102-368 (106 Stat. 1157) and by transfer of $20,200,000 from the amount made available by the 2d paragraph under such heading in such Public Law. In administering such funds, the Secretary of Housing and Urban Development may waive any provision of any statute or regulation administered by the Secretary (except requirements relating to fair housing, nondiscrimination, the environment, or labor standards) if the Secretary finds that the waiver is required to facilitate the obligation or use of the funds and is consistent with the general purposes of the HOME Investment Partnerships Act (42 U.S.C. 12721 et seq.). The Secretary of Housing and Urban Development shall not, as a condition of assisting a participating jurisdiction with such funds, require any contribution by or in behalf of such jurisdiction, notwithstanding section 220 of the HOME Investment Partnerships Act (42 U.S.C. 12750). Community Planning and Development community development grants (transfer of funds) For an additional amount for ``Community development grants'' for use only in Dade County, the City of Homestead, and Florida City, Florida, $54,800,000, to remain available until expended, and to be derived by transfer from the amount made available by the 2d paragraph under the heading ``Annual contributions for assisted housing'' in Public Law 102-368 (106 Stat. 1157). In administering such funds, the Secretary of Housing and Urban Development may waive any provision of any statute or regulation administered by the Secretary (except requirements relating to fair housing, nondiscrimination, the environment, or labor standards) if the Secretary finds that the waiver is required to facilitate the obligation or use of the funds and is consistent with the general purposes of title I of the Housing and Community Development Act of 1974 (42 U.S.C. 5301 et seq.).

Hurricane Andrew Supplemental Appropriations Act for Fiscal Year 1993 - Makes emergency supplemental appropriations available to the following entities due to disasters in Florida resulting from Hurricane Andrew: (1) the Farmers Home Administration of the Department of Agriculture; (2) the Economic Development Administration of the Department of Commerce; (3) the Substance Abuse and Mental Health Services Administration of the Department of Health and Human Services; (4) the Department of Education; and (5) housing and community development programs of the Department of Housing and Urban Development.

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. (a) Establishment of Commission.-- (1) Establishment.--There is established a commission to be known as the ``Pick-Sloan Tribal Commission for Comprehensive Resolution''. (2) Membership.-- (A) In general.--The Commission shall be composed of 7 members, of whom-- (i) 1 shall be the Chairperson of the Commission; (ii) at least 1 shall have expertise in the field of Indian law and policy; (iii) at least 1 shall have expertise in the operation and history of Federal water projects; (iv) 1 shall have expertise in the area of environmental justice; (v) 1 shall be an economist; and (vi) at least 1 shall be an authority in cultural preservation. (B) Tribal membership.--Of the 7 members selected for the Commission, at least 3 shall be members of federally recognized Indian tribes. (C) Selection of commission.-- (i) In general.--The Chairperson and Vice Chairperson of the Committee on Indian Affairs of the Senate and the Chairperson and Ranking Member of the Committee on Natural Resources of the House of Representatives shall-- (I) select the 7 Commission members; and (II) appoint 1 of the members to serve as Chairperson of the Commission. (ii) Recommendations.--The affected Indian tribes may make recommendations to the Chairperson of the Committee on Indian Affairs of the Senate and the Chairperson of the Committee on Natural Resources of the House of Representatives regarding members of the Commission. (D) Deadline for appointment.--All members of the Commission shall be appointed not later than 60 days after the date of enactment of this Act. (3) Term; vacancies.-- (A) Term.--A member shall be appointed for the life of the Commission. (B) Vacancies.--A vacancy on the Commission-- (i) shall not affect the powers of the Commission; and (ii) shall be filled in the same manner as the original appointment was made. (4) Initial meeting.--Not later than 30 days after the date on which all members of the Commission have been appointed, the Commission shall hold the initial meeting of the Commission. (5) Meetings.--The Commission shall meet at the call of the Chairperson. (6) Quorum.--A majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings. (7) Nonapplicability of faca.--The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Commission. (b) Duties.-- (1) In general.--In carrying out this section, the Commission shall consult with the affected Indian tribes. (2) Study.--The Commission shall conduct a study of-- (A) with respect to the period beginning on the date of commencement of the Pick-Sloan Program and ending on the date on which the study is initiated-- (i) the impacts on the affected Indian tribes, directly or indirectly, caused by the Pick-Sloan Program; and (ii) measures implemented by the Federal Government to attempt to address those impacts; (B) other measures that have been proposed to address the impacts on the affected Indian tribes caused by the Pick-Sloan Program; (C) the results of any other studies regarding those impacts and potential solutions to the impacts, including any studies conducted by the Joint Tribal Advisory Committee relating to the Pick-Sloan Program; and (D) comparisons involving other situations in which Federal hydroelectric projects or federally licensed hydroelectric projects have resulted in the taking or occupation of Indian land and the compensation, or other measures, Indian tribes have been or are being provided in those situations. (3) Hearings.-- (A) In general.--In carrying out paragraph (2), the Commission shall hold at least 3 hearings to receive information from Federal agencies, Indian tribes, and other interested parties regarding the resolution of Pick-Sloan Program impacts. (B) Public participation.--A hearing under this paragraph shall be open to the public. (C) Records.--For each hearing under this paragraph, the Commission shall-- (i) compile a record consisting of transcripts, written testimony, studies, and other information presented at the hearing; and (ii) include the record in the report of the Commission required under paragraph (5), as an appendix in electronic format. (4) Comprehensive resolution.-- (A) In general.--Based on the results of the study under paragraph (2), and hearings under paragraph (3), the Commission shall develop a proposal to comprehensively resolve the impacts to the affected Indian tribes resulting from the Pick-Sloan Program. (B) Inclusions.--The proposal under subparagraph (A) shall include-- (i) a comprehensive proposal for a program to provide full and final compensation to the affected Indian tribes; (ii) a description of the measures referred to in paragraph (2) that-- (I) have not been implemented; (II) could be implemented; or (III) should be implemented in a more effective manner; (iii) relevant measures that could be accomplished administratively; (iv) relevant measures that would require legislation to be implemented; and (v) any other measures necessary to comprehensively resolve the impacts of the Pick-Sloan Program on the affected Indian tribes. (5) Report.-- (A) In general.--Subject to subparagraph (B), not later than 18 months after the date on which the first meeting of the Commission takes place, the Commission shall submit to the President and Congress a report that contains-- (i) a detailed statement of the study findings and conclusions of the Commission; and (ii) the proposal of the Commission for such legislation and administrative actions as the Commission considers to be appropriate to resolve the impacts on the affected Indian tribes caused by the Pick-Sloan Program. (B) Extension.--The deadline described in subparagraph (A) may be extended for a period of not more than 180 days if the Commission submits to the Committee on Indian Affairs of the Senate and the Committee on Natural Resources of the House of Representatives a request for the extension that-- (i) is received by the Committees before the deadline described in subparagraph (A); and (ii) includes a description of the reasons why the extension is needed. (6) Website.-- (A) In general.--The Commission shall maintain a website for the period beginning on the date on which the first meeting of the Commission takes place and ending on the date that is 180 days after the date of termination of the Commission. (B) Requirements.--The Commission shall use the website-- (i) to describe the activities of the Commission; (ii) to provide access to information studied by the Commission; (iii) to provide notice of, and make available all information presented at, hearings of the Commission; and (iv) to post the report (including all appendices to that report) of the Commission required under paragraph (5). (C) Archiving of website content.--At the time at which the website of the Commission is terminated, all content on the website shall be-- (i) collected on compact disk, digital video disk, or other appropriate digital media; and (ii) included in the report to be submitted under paragraph (5). (c) Powers.-- (1) Hearings.--The Commission may hold such hearings, meet and act at such times and places, take such testimony, and receive such evidence as the Commission considers to be advisable to carry out this Act. (2) Information from federal agencies.-- (A) In general.--The Commission may secure directly from a Federal agency such information as the Commission considers to be necessary to carry out this Act. (B) Provision of information.--On request of the Chairperson of the Commission, the head of an applicable Federal agency shall provide the information to the Commission. (3) Postal services.--The Commission may use the United States mails in the same manner and under the same conditions as other agencies of the Federal Government. (4) Gifts.--The Commission may accept, use, and dispose of gifts or donations of services or property. (d) Commission Personnel Matters.-- (1) Compensation of members.--Each member of the Commission 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 the member is engaged in the performance of the duties of the Commission. (2) Travel expenses.--Each member of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for an employee of an agency under subchapter I of chapter 57 of title 5, United States Code, while away from the home or regular place of business of the member in the performance of the duties of the Commission. (3) Staff.-- (A) In general.--The Chairperson of the Commission may, without regard to the civil service laws (including regulations), appoint and terminate an executive director and such other additional personnel as are necessary to enable the Commission to perform the duties of the Commission. (B) Confirmation of executive director.--The employment of an executive director shall be subject to confirmation by the Commission. (C) Compensation.-- (i) In general.--Except as provided in subparagraph (B), the Chairperson 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. (ii) Maximum rate of pay.--The rate of pay for the executive director and other personnel shall not exceed the rate payable for level IV of the Executive Schedule under section 5316 of title 5, United States Code. (D) Detail of federal government employees.-- (i) In general.--An employee of the Federal Government may be detailed to serve as staff for the Commission without reimbursement. (ii) Civil service status.--The detail of the employee shall be without interruption or loss of civil service status or privilege. (4) Human resources support.--The Commission may request the Secretary of Defense to provide, and the Secretary of Defense shall provide, through human resource departments under the jurisdiction of the Secretary of Defense, on a reimbursable basis, operational support for activities of the Commission. (5) Contract authority.--The Commission may, to such extent and using such amounts as are provided in appropriation Acts, enter into contracts to enable the Commission to discharge the duties of the Commission under this Act. (6) Volunteer services.--Notwithstanding section 1342 of title 31, United States Code, the Commission may accept and use such voluntary and uncompensated services as the Commission determines to be necessary. (7) Procurement of temporary and intermittent services.-- The Chairperson of the Commission may procure temporary and intermittent services in accordance with section 3109(b) of title 5, United States Code, at rates for individuals that 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 that title. (e) Termination of Commission.--The Commission shall terminate 90 days after the date on which the Commission submits the report of the Commission under subsection (b)(5). SEC. 5. FUNDING. (a) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this Act for each of fiscal years 2010 and 2011, to remain available until expended. (b) Transfer of Funds in Lieu of Appropriation.-- (1) In general.--For any fiscal year, or at any time during a fiscal year, in which insufficient amounts are available to fund activities of the Commission, the Secretary of the Interior or the Secretary of the Army may transfer to the Commission such unobligated amounts as are available to the Secretary of the Interior or the Secretary of the Army for use by the Commission in carrying out this Act. (2) Availability.--Amounts transferred to the Commission under paragraph (1) shall remain available until the earlier of-- (A) the date of termination of the Commission; or (B) the date on which amounts that are sufficient to carry out this Act are made available. SEC. 6. SAVINGS CLAUSE. Nothing in this Act diminishes, changes, or otherwise affects-- (1) the water rights of the affected Indian tribes; (2) any other right (including treaty rights) of the affected Indian tribes; (3) the status of Indian reservation land or the boundaries of any reservation of an Indian tribe; or (4) any Congressional authorization of appropriations for the benefit of the affected Indian tribes.

Pick-Sloan Tribal Commission Act of 2010 - Establishes the Pick-Sloan Tribal Commission for Comprehensive Resolution to consult with Indian tribes affected by the Pick-Sloan Program and to conduct a study of: (1) the impacts of the Program on the affected Indian tribes and the federal government measures attempting to address those impacts; (2) other proposed measures addressing the impacts of the Program on such Indian tribes; (3) the results of any other studies regarding those impacts and potential solutions, including any related studies conducted by the Joint Tribal Advisory Committee; and (4) comparisons involving other situations in which federal hydroelectric projects or federally licensed hydroelectric projects have resulted in the taking or occupation of Indian land and the compensation or other measures Indian tribes have been or are being provided in those situations. Requires the Commission to: (1) maintain an information website beginning on the date of its first meeting; (2) hold at least three hearings; (3) develop a proposal that comprehensively resolves the Program's impacts on, and provides for full and final compensation to, the affected Indian tribes; and (4) issue a report.

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Section 1. Opportunity To Repurchase Surplus Real Property.-- Section 203 of the Federal and Administrative Services Act of 1949 (40 U.S.C. 484) is amended by adding at the end the following new subsection: ``(r) Opportunity of Native Americans To Repurchase Surplus Real Property.-- ``(1) Definitions.--As used in this subsection-- ``(A) Administrator.--The term `administrator' means the Administrator of the General Services Administration. ``(B) Base closure law.--The term `base closure law' means-- ``(i) title II of the Defense Authorization Amendments and Base Closure and Realignment Act (Public Law 100-526; 10 U.S.C. 2687 note); ``(ii) the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note); ``(iii) the Defense Base Closure and Realignment Act of 1993 (title XXIX of Public Law 103-160; 10 U.S.C. 2687 note); ``(iv) part B of title XXVIII of the National Defense Authorization Act for Fiscal Year 1995 (Public Law 103-337; 10 U.S.C. 2687 note); ``(v) the Base Closure Community Redevelopment and Homeless Assistance Act of 1994 (Public Law 103-421); and ``(vi) any other law providing for the disposition of real property in connection with military base closures or realignments or the use of proceeds resulting from such disposition of real property. ``(C) Depreciated value.--The term `depreciated value' means, with respect to a building, the replacement cost of the building, reduced by all forms of depreciation. ``(D) Native american trust organization.--The term `Native American Trust Organization' means an organization that has held land in trust for the benefit of Native Americans, as defined in section 16(10) of the National Museum of the American Indian Act (20 U.S.C. 80q-14(10)). ``(E) Notice of intent to repurchase.--The term `notice of intent to repurchase' means a written notice from a Native American Trust Organization to the Administrator that such Native American Trust Organization intends to repurchase all or part of qualified property at its fair market value on terms provided in regulations promulgated under this subsection. ``(F) Qualified property.--The term `qualified property' means all or any part of surplus property-- ``(i) that was acquired by the Federal Government from a Native American Trust Organization by any means; and ``(ii) that is real property located in the State of Hawaii. ``(G) Trust fund.--The term `trust fund' means the Shared Appreciation Trust Fund established pursuant to paragraph (5). ``(2) Notice.--Notwithstanding any other provision of this section, the first section of the Act entitled `An Act to provide for the disposition, control, and use of surplus real property acquired by Federal agencies, and for other purposes,' approved August 27, 1935 (popularly known as the `Surplus Real Property Disposal Act') (49 Stat. 885, chapter 744; 40 U.S.C. 304a) or any base closure law, no qualified property shall be disposed of under any other provision of this section or the first section of the Act popularly known as the `Surplus Real Property Disposal Act' or any base closure law if, not later than 90 days after the date on which such real property is determined to be surplus property-- ``(A) a Native American Trust Organization has notified the Administrator that the United States acquired such property from such Native American Trust Organization; and ``(B) such Native American Trust Organization has submitted to the Administrator a notice of intent to repurchase all or part of the qualified property at the fair market value of such qualified property. ``(3) Listed properties.-- ``(A) In general.--Any Native American Trust Organization may submit to the Administrator a list of properties which were acquired from such Native American Trust Organization by the United States and which become qualified properties if such properties. ``(B) Notice.--The Administrator shall provide written notice to the applicable Native American Trust Organization of any determination by the Administrator that any qualified property acquired from the Native American Trust Organization is surplus property. Not later than 90 days after receiving such notice, the Native American Trust Organization may submit to the Administrator a notice of intent to repurchase with respect to such qualified property. ``(4) Disposal of qualified properties.-- ``(A) Sale to native american trust organization.-- If a Native American Trust Organization submits a timely notice of intent to repurchase qualified property pursuant to paragraph (2) or (3), the United States shall offer to enter into a contract with the Native American Trust Organization for the sale and purchase of such qualified property in accordance with regulations promulgated under this subsection. ``(B) Disposal of qualified property under other provisions.--If, with respect to any qualified property, the applicable Native American Trust Organization fails to-- ``(i) submit a timely notice of intent to repurchase; ``(ii) enter into a contract for sale or purchase as described in subparagraph (A); or ``(iii) tender performance at closing under a contract for sale or purchase, the Administrator may dispose of such qualified property in accordance with other applicable provisions of this section or any applicable base closure law. ``(5) Establishment of shared appreciation trust fund.-- There is authorized to be established in the Treasury of the United States a trust fund, to be known as the `Shared Appreciation Trust Fund'. The trust fund shall consist of such amounts as are transferred to the trust fund pursuant to paragraph (6) and any interest earned on the investment of amounts in the trust fund under paragraph (7). ``(6) Deposits in trust fund.-- ``(A) In general.--Notwithstanding section 204, any base closure law, or any other law providing for the transfer, deposit or use of proceeds from the disposition of property, the Secretary of the Treasury shall transfer to the trust fund, from the proceeds received by the United States from the sale of qualified property, an amount equal to the difference between-- ``(i) the proceeds received by the United States from the sale of such qualified property, and ``(ii) the sum of-- ``(I) the amount paid by the United States as consideration for the acquisition of such qualified property; ``(II) the interest on the amount of such consideration calculated in accordance with subparagraph (B); and ``(III) the aggregate depreciated value of all buildings that were constructed on such qualified property after the date such property was acquired by the United States. ``(B) Determination of interest.--The interest referred to in subparagraph (A)(ii)(b) shall be considered to have accrued on the amount paid by the United States as consideration for the acquisition of qualified property during each year at a rate which is equal to the average annual yield of all Treasury bonds issued during such year. Such interest shall be compounded annually. ``(7) Investment of trust fund.--The Secretary of the Treasury shall invest the trust fund corpus in interest-bearing obligations of the United States or in obligations guaranteed as to both principal and interest by the United States. ``(8) Withdrawals and expenditures from trust fund.--The Secretary of the Treasury may not make a withdrawal or expenditure from the trust fund corpus. The Secretary of the Treasury shall withdraw income of the trust fund only for the uses described in paragraph (9). ``(9) Use of trust fund income.--The Secretary of the Treasury shall on at least an annual basis, withdraw income of the trust fund to fund activities which are-- ``(A) conducted for-- ``(i) the education of Native Hawaiian pursuant to title IV of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 4901, et seq.); ``(ii) Native Hawaiian health scholarships pursuant to section 338K of the Public Health Service Act (42 U.S.C. 254s); ``(iii) Native Hawaiian health care pursuant to the Native Hawaiian Health Care Improvement Act of 1988 (42 U.S.C. 11601, et seq.); or ``(iv) any combination of subparagraphs (i), (ii) or (iii); and ``(B) consistent with the purposes of the establishment of the Native American Trust Organization which owned the property to which the trust funds generating the income are attributable.'' ``(10) Exemption of qualified property from certain laws.-- No real property which would become qualified property if it were declared to be surplus property shall be published as available for application for use to assist the homeless or otherwise made available to assist the homeless pursuant to the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11411, et seq.) or shall be disposed of pursuant to any base closure law unless such real property has become eligible to be disposed of pursuant to subparagraph 4(B).''.

Amends the Federal and Administrative Services Act of 1949 to authorize Native American Trust Organizations to repurchase surplus Federal real property that was acquired from an Organization or is located in Hawaii. Authorizes the establishment in the Treasury of a related Shared Appreciation Trust Fund.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Free and Independent Cuba Assistance Act of 1993''. SEC. 2. FINDINGS. The Congress makes the following findings: (1) The economy of Cuba has experienced a decline of approximately 45 percent in the last 3 years, on account of the end of its subsidization by the former Soviet Union, the extreme decline in trade between Cuba and the countries of the former Soviet Bloc, and the policy of the Russian Government and the countries of the former Soviet Bloc to conduct economic relations with Cuba on strictly commercial terms. (2) At the same time, the welfare and health of the Cuban people has substantially deteriorated, and continues to deteriorate, as a result of this economic decline and the refusal of the Castro regime to adopt any economic or political reforms that would lead to democracy, a market economy, or an economic recovery. (3) As long as no such economic or political reforms are adopted by the Cuban Government, the economic condition of the country and the welfare of the Cuban people will not improve in any significant way. (4) The Castro regime has made it abundantly clear that it will not engage in any substantive economic or political reforms that would lead to democracy, a market economy, or an economic recovery. SEC. 3. POLICY TOWARD A TRANSITION GOVERNMENT AND A DEMOCRATIC GOVERNMENT IN CUBA. It is the policy of the United States-- (1) to support the self-determination of the Cuban people; (2) to recognize that the self-determination of the Cuban people is a sovereign and national right of the citizens of Cuba which must be exercised free of interference by the government of any other country; (3) to encourage the Cuban people to empower themselves with a government which reflects the self-determination of the Cuban people; (4) to recognize the potential for a difficult transition from the current regime in Cuba that may result from the initiatives taken by the Cuban people for self-determination in response to the intransigence of the Castro regime in not allowing any substantive political or economic reforms, and to be prepared to provide the Cuban people with humanitarian, developmental, and other economic assistance; (5) in solidarity with the Cuban people, to provide emergency relief assistance to a transition government in Cuba, and long term assistance to a democratic government in Cuba, governments that result from an expression of the self- determination of the Cuban people; (6) that such assistance is intended to facilitate a peaceful transition to democracy in Cuba and the consolidation of democracy in Cuba; (7) that such assistance be delivered to the Cuban people through a transition government in Cuba, through a democratic government in Cuba, or through United States, international, or indigenous nongovernmental organizations; (8) to encourage other countries to provide similar assistance, and work cooperatively with such countries to coordinate such assistance; (9) to ensure that emergency relief is rapidly implemented and distributed to the people of Cuba upon the institution of a transition government in Cuba; (10) not to provide favorable treatment or influence on behalf of any individual or entity in the promotion of the choice by the Cuban people of their future government; (11) to assist a transition government in Cuba and a democratic government in Cuba to prepare the Cuban military forces for a new role in a democracy; (12) to be prepared to enter into negotiations with a democratic government in Cuba either to return the United States Naval Base at Guantanamo to Cuba or to renegotiate the present agreement under mutually agreeable terms; (13) to lift the economic embargo on Cuba when the President determines that there exists a democratic government in Cuba; and (14) to assist a democratic government in Cuba to strengthen and stabilize its national currency. SEC. 4. AUTHORIZATION OF ASSISTANCE TO THE CUBAN PEOPLE. (a) Plan for Assistance.-- (1) Development of plan.--The President shall develop a plan for providing, at such time as the President determines that a transition government in Cuba is in power, economic assistance to the people of Cuba while such government, and a democratic government in Cuba, are in power. (2) Types of assistance.--Assistance under the plan developed under paragraph (1) shall include the following: (A) Assistance under the plan to a transition government in Cuba shall be limited to-- (i) such food, medicine, medical supplies and equipment, and assistance to meet emergency energy needs, as is necessary to meet the basic human needs of the Cuban people; and (ii) assistance described in subparagraph (C). (B) Assistance under the plan to a democratic government in Cuba shall consist of additional economic assistance and assistance described in subparagraph (C). Such economic assistance may include-- (i) assistance under chapter 1 of part I (relating to development assistance), and chapter 4 of part II (relating to the economic support fund), of the Foreign Assistance Act of 1961; (ii) assistance under the Agricultural Trade Development and Assistance Act of 1954; (iii) financing, guarantees, and other forms of assistance provided by the Export- Import Bank of the United States; (iv) financial support provided by the Overseas Private Investment Corporation for investment projects in Cuba; (v) assistance provided by the Trade and Development Agency; (vi) Peace Corps programs; (vii) relief of Cuba's external debt; and (viii) other appropriate assistance to carry out the purposes of this Act. (C) Assistance under the plan to a transition government in Cuba and to a democratic government in Cuba shall also include assistance in preparing the Cuban military forces to adjust to a new role in a democracy and civilian life, which may include assistance for housing, educational, and training programs. (b) Strategy for Distribution.--The plan developed under subsection (a) shall include a strategy for distributing assistance under the plan. (c) Distribution.--The plan developed under subsection (a) shall authorize assistance under the plan to be provided through United States, international, and indigenous nongovernmental organizations and private voluntary organizations, including humanitarian, educational, and labor organizations. (d) International Efforts.--The President shall take the necessary steps to obtain the agreement of other countries and of international financial institutions to provide to a transition government in Cuba, and to a democratic government in Cuba, assistance comparable to that provided by the United States under this Act, and to work with such countries and institutions to coordinate all such assistance programs. (e) Caribbean Basin Initiative.--The President shall determine, as part of the assistance plan developed under subsection (a), whether or not to designate Cuba as a beneficiary country under section 212 of the Caribbean Basin Economic Recovery Act. (f) Trade Agreements.--Upon the enactment of legislation implementing a free trade agreement between the United States and any other country or countries (except Cuba) in the Western Hemisphere, the President-- (1) shall take the necessary steps to enter into a framework agreement with a transition government in Cuba providing for trade with and investment in Cuba; and (2) may thereafter enter into negotiations with a democratic government in Cuba to conclude a free trade agreement between the United States and Cuba. (g) Communication With the Cuban People.--The President shall take the necessary steps to communicate to the Cuban people the plan for assistance developed under this section. (h) Report to Congress.--The President shall transmit to the Congress, not later than 180 days after the date of the enactment of this Act, a report describing in detail the plan developed under this section. SEC. 5. COORDINATION OF ASSISTANCE PROGRAM; IMPLEMENTATION AND REPORTS TO CONGRESS; REPROGRAMMING. (a) Coordinating Official.--The Assistant Secretary of State for Inter-American Affairs shall be responsible for-- (1) implementing the strategy for distributing assistance under the plan developed under section 4(a); (2) ensuring the speedy and efficient distribution of such assistance; and (3) ensuring coordination among, and appropriate oversight by, the agencies of the United States that provide assistance under the plan, including resolving any disputes among such agencies. (b) Implementation of Plan; Reports to Congress.-- (1) Implementation with respect to transition government.-- Upon making a determination that a transition government in Cuba is in power, the President shall transmit that determination to the Congress and shall commence the delivery and distribution of assistance to such transition government under the plan developed under section 4(a). (2) Reports to congress.--Not later than 15 days after making the determination referred to in paragraph (1), and not later 90 days after making that determination, the President shall transmit to the Congress a report setting forth the strategy for providing assistance described in section 4(a)(2)(A) and (C) to the transition government in Cuba under the plan of assistance developed under section 4(a), the types of such assistance, and the extent to which such assistance has been distributed in accordance with the plan. (3) Implementation with respect to democratic government.-- The President shall, upon determining that a democratic government in Cuba is in power, submit that determination to the Congress and shall commence the delivery and distribution of assistance to such democratic government under the plan developed under section 4(a). (4) Annual reports to congress.--Not later than 60 days after the end of each fiscal year, the President shall transmit to the Congress a report on the assistance provided under the plan developed under section 4(a), including a description of each type of assistance, the amounts expended for such assistance, and a description of the assistance to be provided under the plan in the current fiscal year. (c) Reprogramming.--Any changes in the assistance to be provided under the plan developed under section 4(a) may not be made unless the President notifies the Congress at least 15 days in advance in accordance with the procedures applicable to reprogramming notifications under section 634A of the Foreign Assistance Act of 1961. (d) Effect on other laws.--Assistance may be provided under the plan developed under section 4(a) notwithstanding any other provision of law. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the President such sums as may be necessary to carry out this Act. SEC. 7. TERMINATION OF EMBARGO. Upon submitting a determination to the Congress under section 5(b)(3) that a democratic government in Cuba is in power, the President shall terminate the embargo on trade with Cuba. SEC. 8. REQUIREMENTS FOR TRANSITION GOVERNMENT. For purposes of this Act, a transition government in Cuba is a government in Cuba which-- (1) is demonstrably in transition from communist totalitarian dictatorship to democracy; (2) makes public commitments to and is making demonstrable progress in-- (A) releasing all political prisoners and allowing for investigations of Cuban prisons by appropriate international human rights organizations; (B) establishing an independent judiciary; (C) respecting internationally recognized human rights and basic freedoms in accordance with the Universal Declaration of Human Rights, to which Cuba is a signatory nation; (D) dissolving the present Department of State Security in the Cuban Ministry of the Interior, including but not limited to, the Committees for the Defense of the Revolution and the Rapid Response Brigades; (E) organizing free and fair elections for a new government-- (i) to be held within 1 year after the transition government assumes power; (ii) with the participation of multiple independent political parties that have full access to the media on an equal basis, including (in the case of radio, television, or other telecommunications media) in terms of allotments of time for such access and the times of day such allotments are given; and (iii) to be conducted under the supervision of internationally recognized observers, such as the United Nations, the Organization of American States, and other elections monitors; (F) granting permits to privately owned indigenous telecommunications companies to operate in Cuba; and (G) allowing the establishment of an independent labor movement and of independent social, economic, and political associations; (3) does not include Fidel Castro or Raul Castro, or any person appointed by either such individual in a position of authority; and (4) allows the speedy and efficient distribution of assistance to the Cuban people. SEC. 9. REQUIREMENTS FOR DEMOCRATIC GOVERNMENT. For purposes of this Act, a democratic government in Cuba is a government in Cuba which-- (1) results from free and fair elections conducted under internationally recognized observers; (2) has permitted opposition parties ample time to organize and campaign for such elections, and has permitted full access to the media to all candidates in the elections; (3) is showing respect for the basic civil liberties and human rights of the citizens of Cuba; (4) has made demonstrable progress in establishing an independent judiciary; (5) is moving toward establishing a market-oriented economic system; and (6) has made or is committed to making constitutional changes that would ensure regular free and fair elections that meet the requirements of paragraph (2). SEC. 10. AMENDMENT TO CARIBBEAN BASIN ECONOMIC RECOVERY ACT. The table contained in section 212(b) of the Caribbean Basin Economic Recovery Act (19 U.S.C. 2702(b)) is amended by inserting ``Cuba'' between ``Costa Rica'' and ``Dominica''.

Free and Independent Cuba Assistance Act of 1993 - Requires the President, at such time as a transition government is in power in Cuba, to develop a plan for providing economic assistance to the Cuban people while such government and a democratic government are in power. Limits such assistance to humanitarian assistance while a transition government is in power. Expands such assistance to include development and agricultural assistance and export financing (as well as other specified assistance) when a democratic government is in power. Requires the President to take steps to obtain the agreement of other countries and international financial institutions to provide comparable assistance to Cuba. Directs the President to determine whether to designate Cuba as a beneficiary country pursuant to the Caribbean Basin Economic Recovery Act. Requires the President, upon enactment of legislation implementing a free trade agreement between the United States and another country in the Western Hemisphere, to: (1) take steps to enter into a framework agreement with the transition government in Cuba providing for trade and investment in Cuba; and (2) enter into negotiations with a democratic government in Cuba to conclude a free trade agreement. Directs the President to communicate the plan for assistance to the Cuban people. Authorizes appropriations. Requires the President to terminate the trade embargo on Cuba upon submitting a determination that a democratic government is in power in Cuba to the Congress. Sets forth conditions under which a government in Cuba will be considered transitional or democratic.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Youth Opioid Use Treatment Help Act of 2016'' or the ``YOUTH Act''. SEC. 2. REAUTHORIZATION OF SUBSTANCE ABUSE TREATMENT SERVICES FOR CHILDREN AND ADOLESCENTS. (a) In General.--Section 514 of the Public Health Service Act (42 U.S.C. 290bb-7) is amended-- (1) by striking ``abuse'' and inserting ``use'' each place it appears; (2) by striking ``children and adolescents'' and inserting ``children, adolescents, and young adults'' each place it appears; and (3) in subsection (f), by striking ``for fiscal years 2002 and 2003'' and inserting ``for each of fiscal years 2017 through 2022''. (b) Technical Correction.--Section 514 of the Public Health Service Act (42 U.S.C. 290bb-9), as added by section 3632 of the Methamphetamine Anti-Proliferation Act of 2000 (Public Law 106-310; 114 Stat. 1236), is redesignated as section 514B. SEC. 3. ACCESS TO MEDICATION-ASSISTED TREATMENT FOR ADOLESCENTS AND YOUNG ADULTS DEMONSTRATION PROGRAM. (a) In General.--The Secretary of Health and Human Services, acting through the Director of the Agency for Healthcare Research and Quality (in this section referred to as the ``Director''), shall award grants to eligible entities to establish demonstration programs to-- (1) expand access to medication-assisted treatment for opioid use disorders among adolescents and young adults; (2) identify and test solutions to overcoming barriers to implementation of medication-assisted treatment for adolescents and young adults; or (3) create and distribute for pediatric health care providers resources on medication-assisted treatment training and implementation. (b) Eligible Entities.--To be eligible to receive a grant under subsection (a), an entity shall-- (1) be a State, political subdivision of a State, Indian tribe, tribal organization, professional pediatric provider organization, professional addiction medicine provider, hospital, an institution of higher education, or other appropriate public or nonprofit institution; and (2) certify that it is in compliance with all applicable registration and licensing requirements. (c) Application.--To seek a grant under this section, an entity shall submit to the Director an application at such time, in such manner, and containing such information as the Director may require. (d) Duration.--An eligible entity may receive funds under this section to carry out a demonstration program described in this section for a period of not greater than 3 years. After the first year for which funding is provided to an eligible entity for a demonstration program, funding may be provided under this section for a subsequent year for such program only upon review of such program by the Director and approval by the Director of such subsequent year of funding. (e) Reports.-- (1) By grant recipients.--Each eligible entity awarded a grant under this section for a demonstration program shall submit to the Director progress reports on such demonstration program at such times, in such manner, and containing such information as the Director may require. (2) By director.--Not later than one year after the date on which all demonstration programs funded under this section have been completed, the Director 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-- (A) describes the availability of medication- assisted treatment for adolescents and young adults with opioid use disorders in the United States, including barriers to such treatment; (B) describes the specific demonstration programs carried out pursuant to this section; (C) evaluates the effectiveness of such programs; (D) evaluates any unintended consequences of such programs; and (E) provides recommendations for ensuring that medication-assisted treatment is accessible to adolescents and young adults with opioid use disorders. (f) Definitions.--In this section: (1) The phrase ``adolescents and young adults'' means individuals who have attained 10 years of age and not yet attained 26 years of age. (2) The term ``medication-assisted treatment'' means pharmacological treatments approved by the Food and Drug Administration, in combination with counseling and behavioral therapies. (3) The term ``opioid use disorder'' means a substance use disorder that is a problematic pattern of opioid use leading to clinically significant impairment or distress occurring within a 12-month period. (4) The term ``pediatric health care provider'' means a provider of health care to individuals who have attained 10 years of age and not yet attained 26 years of age. (5) The term ``professional pediatric provider organization'' means a national organization whose members consist primarily of pediatric health care providers. (g) Authorization of Appropriations.--There is authorized to be appropriated $5,000,000 to carry out this section. SEC. 4. GAO STUDY AND REPORT ON PROGRAMS AND RESEARCH RELATIVE TO SUBSTANCE USE AND SUBSTANCE USE DISORDERS AMONG ADOLESCENTS AND YOUNG ADULTS. (a) Study.--The Comptroller General of the United States shall conduct a study on how Federal agencies are addressing prevention of, treatment for, and recovery from substance use by and substance use disorders among adolescents and young adults. Such study shall include an analysis of each of the following: (1) The research that has been, and is being, conducted or supported by the Federal Government on prevention of, treatment for, and recovery from substance use by and substance use disorders among adolescents and young adults, including an assessment of-- (A) such research relative to any unique circumstances (including social and biological circumstances) of adolescents and young adults that may make adolescent-specific and young adult-specific treatment protocols necessary, including any effects that substance use and substance use disorders may have on brain development and the implications for treatment and recovery; and (B) areas of such research in which greater investment or focus is necessary relative to other areas of such research. (2) The Federal non-research programs and activities that address prevention of, treatment for, and recovery from substance use by and substance use disorders among adolescents and young adults, including an assessment of the effectiveness of such programs and activities in preventing substance use by and substance use disorders among adolescents and young adults, treating such adolescents and young adults in a way that accounts for any unique circumstances faced by adolescents and young adults, and supports long-term recovery among adolescents and young adults. (3) Gaps that have been identified by Federal officials and experts in Federal efforts relating to prevention of, treatment for, and recovery from substance use by and substance use disorders among adolescents and young adults, including gaps in research, data collection, and measures to evaluate the effectiveness of Federal efforts, and the reasons for such gaps. (b) Report.--Not later than 2 years after the date of enactment of this Act, the Comptroller General shall submit to the appropriate committees of the Congress a report containing the results of the study conducted under subsection (a), including-- (1) a summary of the findings of the study; and (2) recommendations based on the results of the study, including recommendations for such areas of research and legislative and administrative action as the Comptroller General determines appropriate.

Youth Opioid Use Treatment Help Act of 2016 or the YOUTH Act This bill amends the Public Health Service Act to revise and reauthorize through FY2022 grants for substance abuse treatment services for children and adolescents. The grant program is expanded to cover young adults. The Agency for Healthcare Research and Quality (AHRQ) must award grants for demonstration programs to: (1) expand access to medication-assisted treatment for opioid use disorders among adolescents and young adults, or (2) create and distribute for pediatric health care providers resources on medication-assisted treatment training and implementation. AHRQ must report on the demonstration programs and the availability of medication-assisted treatment for adolescents and young adults. The report must include recommendations for ensuring such treatment is accessible. The Government Accountability Office must study how federal agencies are addressing substance use and substance use disorders among adolescents and young adults.

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SECTION 1. SCHEDULING COMMITTEES, DISCUSSIONS, AND AGREEMENTS. (a) In General.--Chapter 401 of title 49, United States Code, is amended by adding at the end the following: ``Sec. 40129. Air carrier discussions and agreements relating to flight scheduling ``(a) Discussions To Reduce Delays.-- ``(1) Request.--An air carrier may file with the Secretary of Transportation a request for authority to discuss with one or more other air carriers or foreign air carriers agreements or cooperative arrangements relating to limiting flights at an airport during a time period that the Secretary determines that scheduled air transportation exceeds the capacity of the airport. The purpose of the discussion shall be to reduce delays at the airport during such time period. ``(2) Approval.--The Secretary shall approve a request filed under this subsection if the Secretary finds that the discussions requested will facilitate voluntary adjustments in air carrier schedules that could lead to a substantial reduction in travel delays and improvement of air transportation service to the public. The Secretary may impose such terms and conditions to an approval under this subsection as the Secretary determines are necessary to protect the public interest and to carry out the objectives of this subsection. ``(3) Notice.--Before a discussion may be held under this subsection, the Secretary shall provide at least 3 days notice of the proposed discussion to all air carriers and foreign air carriers that are providing service to the airport that will be the subject of such discussion. ``(4) Monitoring.--The Secretary or a representative of the Secretary shall attend and monitor any discussion or other effort to enter into an agreement or cooperative arrangement under this subsection. ``(5) Discussions open to public.--A discussion held under this subsection shall be open to the public. ``(b) Agreements.-- ``(1) Request.--An air carrier may file with the Secretary a request for approval of an agreement or cooperative arrangement relating to interstate air transportation, and any modification of such an agreement or arrangement, reached as a result of a discussion held under subsection (a). ``(2) Approval.--The Secretary shall approve an agreement, arrangement, or modification for which a request is filed under this subsection if the Secretary finds that the agreement, arrangement, or modification is not adverse to the public interest and is necessary to reduce air travel delays and that a substantial reduction in such delays cannot be achieved by any other immediately available means. ``(3) Secretarial imposed terms and conditions.--The Secretary may impose such terms and conditions on an agreement, arrangement, or modification for which a request is filed under this subsection as the Secretary determines are necessary to protect the public interest and air service to an airport that has less than .25 percent of the total annual boardings in the United States. ``(c) Limitations.-- ``(1) Rates, fares, charges, and in-flight services.--The participants in a discussion approved under subsection (a) may not discuss or enter into an agreement or cooperative arrangement regarding rates, fares, charges, or in-flight services. ``(2) City pairs.--The participants in a discussion approved under subsection (a) may not discuss particular city pairs or submit to another air carrier or foreign air carrier information concerning their proposed service or schedules in a fashion that indicates the city pairs involved. ``(d) Termination.--This section shall cease to be in effect after September 30, 2003; except that an agreement, cooperative arrangement, or modification approved by the Secretary in accordance with this section may continue in effect after such date at the discretion of the Secretary.''. (b) Conforming Amendment.--The analysis for such chapter is amended by adding at the end the following: ``40129. Air carrier discussions and agreements relating to flight scheduling.''. SEC. 2. LIMITED EXEMPTION FROM ANTITRUST LAWS. Section 41308 of title 49, United States Code, is amended-- (1) in subsection (b) by striking ``41309'' and inserting ``40129, 41309,''; and (2) in subsection (c)-- (A) by inserting ``40129 or'' before ``41309'' the first place it appears; and (B) by striking ``41309(b)(1),'' and inserting ``40129(b) or ``41309(b)(1), as the case may be,''. SECTION 1. AIR CARRIER DISCUSSIONS RELATING TO FLIGHT SCHEDULING TO REDUCE DELAYS. (a) Request.--An air carrier may file with the Attorney General a request for authority to discuss with one or more other air carriers or foreign air carriers agreements or cooperative arrangements relating to limiting flights at an airport during a time period that the Attorney General determines that scheduled air transportation exceeds the capacity of the airport. The purpose of the discussion shall be to reduce delays at the airport during such time period. (b) Approval.--Notwithstanding the antitrust laws, the Attorney General shall approve a request filed under this section if the Attorney General finds that the discussions requested will facilitate voluntary adjustments in air carrier schedules that could lead to a substantial reduction in travel delays and improvement of air transportation service to the public and will not substantially lessen competition or tend to create a monopoly. The Attorney General may impose such terms and conditions to an approval under this section as the Attorney General determines are necessary to protect the public interest and to carry out the objectives of this section. (c) Notice.--Before a discussion may be held under this section, the Attorney General shall provide at least 3 days notice of the proposed discussion to all air carriers and foreign air carriers that are providing service or seeking to provide service to the airport that will be the subject of such discussion. (d) Monitoring.--The Attorney General or a representative of the Attorney General shall attend and monitor any discussion or other effort to enter into an agreement or cooperative arrangement under this section. (e) Discussions Open to Public.--A discussion held under this section shall be open to the public. SEC. 2. AIR CARRIER AGREEMENTS RELATING TO FLIGHT SCHEDULING. (a) Request.--An air carrier may file with the Attorney General a request for approval of an agreement or cooperative arrangement relating to interstate air transportation, and any modification of such an agreement or arrangement, reached as a result of a discussion held under section 1. (b) Approval.--Notwithstanding the antitrust laws, and subject to subsection (c), the Attorney General shall approve an agreement, arrangement, or modification for which a request is filed under this section if the Attorney General finds that the agreement, arrangement, or modification is not adverse to the public interest, is necessary to reduce air travel delays, and will not substantially lessen competition or tend to create a monopoly and that a substantial reduction in such delays cannot be achieved by any other immediately available means. (c) Unanimous Agreement Among Carriers Required.--The Attorney General may approve an agreement, arrangement, or modification for which a request is filed under this section only if the Attorney General finds that each air carrier and foreign air carrier providing service or seeking to provide service to the airport that is the subject of the agreement, arrangement, or modification has agreed to the agreement, arrangement, or modification. (d) Terms and Conditions.--The Attorney General may impose such terms and conditions on an agreement, arrangement, or modification for which a request is filed under this section as the Attorney General determines are necessary to protect the public interest and air service to an airport that has less than .25 percent of the total annual boardings in the United States. SEC. 3. LIMITATIONS. (a) Rates, Fares, Charges, and In-Flight Services.--The participants in a discussion approved under section 1 may not discuss or enter into an agreement or cooperative arrangement regarding rates, fares, charges, or in-flight services. (b) City Pairs.--The participants in a discussion approved under section 1 may not discuss particular city pairs or submit to another air carrier or foreign air carrier information concerning their proposed service or schedules in a fashion that indicates the city pairs involved. SEC. 4. CONSULTATION WITH SECRETARY OF TRANSPORTATION. In making a determination whether to approve a request under section 1, or an agreement, arrangement, or modification under section 2, the Attorney General shall consider any comments of the Secretary of Transportation. SEC. 5. DEFINITIONS. In this Act, the following definitions apply: (1) Air carrier, airport, air transportation, foreign air carrier, and interstate air transportation.--The terms ``air carrier'', ``airport'', ``air transportation'', ``foreign air carrier'', and ``interstate air transportation'' have the meanings such terms have under section 40102 of title 49, United States Code. (2) Antitrust laws.--The term ``antitrust laws'' has the meaning such term has under section 41308(a) of title 49, United States Code. SEC. 6. TERMINATION. (a) Approval of Agreements.--The Attorney General may not approve an agreement, arrangement, or modification under section 2 after October 26, 2003. (b) Expiration of Agreements.--An agreement, arrangement, or modification approved by the Attorney General under section 2 may continue in effect until October 26, 2004, or an earlier date determined by the Attorney General. Amend the title so as to read: ``A bill to permit air carriers to meet and discuss their schedules in order to reduce flight delays, and for other purposes.''.

Amends Federal aviation law to authorize an air carrier to file with the Attorney General a request for: (1) authority to discuss with one or more other air carriers or foreign air carriers agreements or cooperative arrangements limiting flights at an airport during a time period when scheduled air transportation exceeds airport capacity; and (2) approval of such agreements or cooperative arrangements with respect to such limits on interstate air transportation. Directs the Attorney General, notwithstanding U.S. antitrust laws, to approve such requests if: (1) such discussions and resulting agreements are not adverse to the public interest; (2) they will facilitate voluntary adjustments in air carrier schedules that could lead to a substantial reduction in travel delays and improvement of air transportation service to the public; (3) they will not substantially lessen competition or tend to create a monopoly; and (4) reduction in delays cannot be achieved by any other immediately available means. Authorizes the Attorney General to: (1) approve such agreements and cooperative arrangements only if each air carrier or foreign air carrier providing service or seeking to provide service to an airport under such an agreement or cooperative arrangement has agreed to it; and (2) impose any terms or conditions on any approved agreement that are needed to protect the public interest and to protect air service to an airport that has less than .25 percent of the total annual boardings in the United States (non-hub and small hub airports). Prohibits participants in approved discussions from: (1) discussing or entering into agreements regarding rates, fares, charges, or in-flight services; or (2) discussing particular city pairs, or submitting to other air carriers or foreign air carriers information on their proposed service or schedules in a fashion that indicates the involvement of city pairs.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Workforce Development Tax Credit Act of 2013''. SEC. 2. CREDIT FOR WAGES PAID TO EMPLOYEES PARTICIPATING IN QUALIFIED APPRENTICESHIP PROGRAMS. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business-related credits) is amended by adding at the end the following new section: ``SEC. 45S. WAGES PAID TO EMPLOYEES PARTICIPATING IN QUALIFIED APPRENTICESHIP PROGRAMS. ``(a) In General.--For purposes of section 38, the apprenticeship credit determined under this section for the taxable year is the sum of-- ``(1) the apprenticeship period credit, and ``(2) the post-apprenticeship credit. ``(b) Apprenticeship Period Credit.--For purposes of subsection (a)-- ``(1) In general.--The apprenticeship period credit for the taxable year is 50 percent of the wages paid for services rendered during the taxable year to each apprenticeship employee but only if such wages are paid for services rendered during a qualified training year of such employee (whether or not such employee is an employee of the taxpayer as of the close of such taxable year). ``(2) Limitation on wages per year taken into account.--The amount of wages which may be taken into account under paragraph (1) with respect to any apprenticeship employee for each qualified training year shall not exceed $2,000. ``(c) Post-Apprenticeship Credit.--For purposes of subsection (a)-- ``(1) In general.--The post-apprenticeship credit for the taxable year is 40 percent of the wages paid for services rendered during the taxable year and the preceding taxable year to each employee who has successfully completed a qualified training program of the employer, but only if such wages are paid by such employer for services rendered during the 2-year period which begins on the day after the employee's completion of such program. ``(2) Limitation on wages per year taken into account.--The amount of wages which may be taken into account under paragraph (1) for a taxable year with respect to any apprenticeship employee shall not exceed $6,000. ``(d) Definitions.--For purposes of this section-- ``(1) Wages.--The term `wages' has the meaning given to such term by section 51(c), determined without regard to paragraph (4) thereof. ``(2) Apprenticeship employee.--The term `apprenticeship employee' means any employee who is employed by the employer pursuant to an apprentice agreement registered with the Office of Apprenticeship of the Employment and Training Administration of the Department of Labor. ``(3) Qualified training year.-- ``(A) In general.--The term `qualified training year' means each year during the training period in which-- ``(i) the employee is employed by the employer for at least 25 hours per week during 28 consecutive weeks of such year, and ``(ii) the employee completes at least 8 credit hours of classroom work under a qualified training program for each semester of such program ending during such year. ``(B) Qualified training program.--The term `qualified training program' means any training program undertaken pursuant to the agreement referred to in paragraph (2). ``(C) Training period.--The term `training period' means, with respect to an employee, the period-- ``(i) beginning on the date that the employee begins employment with the taxpayer as an apprentice under a qualified training program, and ``(ii) ending on the earlier of-- ``(I) the date that such apprenticeship with the employer ends, or ``(II) the date which is 4 years after the date referred to in clause (i). ``(e) Coordination With Other Credits.--The amount of credit otherwise allowable under sections 45A, 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) Certain Rules To Apply.--Rules similar to the rules of subsections (i)(1) and (k) of section 51 shall apply for purposes of this section.''. (b) Credit Made Part of General Business Credit.--Subsection (b) of section 38 of such Code is amended by striking ``plus'' at the end of paragraph (35), by striking the period at the end of paragraph (36) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(37) the apprenticeship credit determined under section 45S(a).''. (c) Denial of Double Benefit.--Subsection (a) of section 280C of such Code is amended by inserting ``45S(a),'' after ``45P(a),''. (d) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 45S. Wages paid to employees participating in qualified apprenticeship programs.''. (e) Effective Date.--The amendments made by this section shall apply to individuals commencing apprenticeship programs after the date of the enactment of this Act.

Workforce Development Tax Credit Act of 2013 - Amends the Internal Revenue Code to allow a business-related tax credit for: (1) 50% of wages (up to $2,000) paid to an apprenticeship employee during an apprenticeship period, and (2) 40% of wages (up to $6,000) paid to such an employee during a post-apprenticeship period. Defines "apprenticeship employee" as any employee employed by an employer pursuant to an apprentice agreement registered with the Office of Apprenticeship of the Employment and Training Administration of the Department of Labor.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Justice for Native Survivors of Sexual Violence Act''. SEC. 2. TRIBAL JURISDICTION OVER CRIMES OF DOMESTIC, DATING, OR SEXUAL VIOLENCE, SEX TRAFFICKING, OR STALKING. Section 204 of Public Law 90-284 (25 U.S.C. 1304) (commonly known as the ``Indian Civil Rights Act of 1968'') is amended-- (1) in the section heading, by striking ``domestic violence'' and inserting ``domestic, dating, or sexual violence, sex trafficking, or stalking''; (2) in subsection (a)-- (A) in paragraph (1), by striking ``means violence'' and inserting ``includes any felony or misdemeanor violation of the criminal law of the Indian tribe that has jurisdiction over the Indian country where the violation occurs that is''; (B) in paragraph (2)-- (i) by striking ``means violence'' and inserting ``includes any felony or misdemeanor violation of the criminal law of the Indian tribe that has jurisdiction over the Indian country where the violation occurs that is''; and (ii) by striking ``an Indian tribe that has jurisdiction over the Indian country where the violence occurs'' and inserting ``that Indian tribe''; (C) in paragraph (4), by striking ``domestic violence'' and inserting ``tribal''; (D) by redesignating paragraphs (6) and (7) as paragraphs (9) and (10), respectively; (E) by inserting after paragraph (5) the following: ``(6) Related conduct.--The term `related conduct' means conduct alleged to have been committed by a defendant that-- ``(A) is a violation of the criminal law of the Indian tribe that has jurisdiction over the Indian country where the underlying offense occurred; and ``(B) occurs in connection with the exercise of special tribal criminal jurisdiction by that Indian tribe. ``(7) Sex trafficking.-- ``(A) In general.--The term `sex trafficking' means conduct-- ``(i) consisting of-- ``(I) recruiting, enticing, harboring, transporting, providing, obtaining, advertising, maintaining, patronizing, or soliciting by any means a person; or ``(II) benefiting, financially or by receiving anything of value, from participation in a venture that has engaged in an act described in subclause (I); and ``(ii) carried out with the knowledge, or, except where the act constituting the violation of clause (i) is advertising, in reckless disregard of the fact, that-- ``(I) means of force, threats of force, fraud, coercion, or any combination of such means will be used to cause the person to engage in a commercial sex act; or ``(II) the person has not attained the age of 18 years and will be caused to engage in a commercial sex act. ``(B) Definitions.--In this paragraph, the terms `coercion' and `commercial sex act' have the meanings given the terms in section 1591(e) of title 18, United States Code. ``(8) Sexual violence.--The term `sexual violence' means any nonconsensual sexual act or contact proscribed by Federal, tribal, or State law, including in any case in which the victim lacks the capacity to consent to the act.''; (F) in paragraph (9) (as redesignated by subparagraph (D))-- (i) in the paragraph heading, by striking ``domestic violence'' and inserting ``tribal''; and (ii) by striking ``domestic violence'' and inserting ``tribal''; and (G) by adding at the end the following: ``(11) Stalking.--The term `stalking' means engaging in a course of conduct directed at a specific person that would cause a reasonable person-- ``(A) to fear for his or her safety or the safety of others; or ``(B) to suffer substantial emotional distress.''; (3) in subsection (b)-- (A) by striking ``domestic violence'' each place the term appears and inserting ``tribal''; and (B) in paragraph (4)-- (i) by striking subparagraph (B); (ii) by striking the paragraph designation and heading and all that follows through ``A participating'' in clause (i) of subparagraph (A) and inserting the following: ``(4) Exception for non-indian victim and defendant.-- ``(A) In general.--A participating''; and (iii) by striking ``(ii) Definition of victim.--In this subparagraph'' and inserting the following: ``(B) Definition of victim.--In this paragraph''; (4) in subsection (c)-- (A) in the matter preceding paragraph (1), by striking ``domestic violence'' and inserting ``tribal''; (B) in paragraph (1)-- (i) in the paragraph heading, by striking ``violence and dating'' and inserting ``, dating, and sexual''; and (ii) by striking ``or dating violence'' and inserting ``, dating violence, or sexual violence''; and (C) by adding at the end the following: ``(3) Stalking.--An act of stalking that occurs in the Indian country of the participating tribe. ``(4) Sex trafficking.--An act of sex trafficking that occurs in the Indian country of the participating tribe. ``(5) Related conduct.--An act of related conduct that occurs in the Indian country of the participating tribe.''; (5) in subsection (d), by striking ``domestic violence'' each place the term appears and inserting ``tribal''; and (6) in subsection (f)-- (A) by striking ``special domestic violence'' each place the term appears and inserting ``special tribal''; (B) in paragraph (2), by striking ``prosecutes'' and all that follows through the semicolon at the end and inserting the following: ``prosecutes-- ``(A) a crime of domestic violence; ``(B) a crime of dating violence; ``(C) a crime of sexual violence; ``(D) a criminal violation of a protection order; ``(E) a crime of stalking; ``(F) a crime of sex trafficking; or ``(G) a crime of related conduct;''; and (C) in paragraph (4), by inserting ``sexual violence, stalking, sex trafficking,'' after ``dating violence,''.

Justice for Native Survivors of Sexual Violence ActThis bill amends the Indian Civil Rights Act of 1968 to revise provisions regarding tribal jurisdiction over crimes of domestic violence, including to expand tribal criminal jurisdiction to include sex trafficking, sexual violence, stalking, and related conduct.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Housing Preservation Matching Grant Act of 2003''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--The Congress finds that-- (1) more than 55,300 affordable housing dwelling units in the United States have been lost through termination of low income affordability requirements, which usually involves the prepayment of the outstanding principal balance under the mortgage on the project in which such units are located; (2) more than 265,000 affordable housing dwelling units in the United States are currently at risk of prepayment; (3) the loss of the privately owned, federally assisted affordable housing, which is occurring during a period when rents for unassisted housing are increasing and few units of additional affordable housing are being developed, will cause unacceptable harm on current tenants of affordable housing and will precipitate a national crisis in the supply of housing for low-income households; (4) the demand for affordable housing far exceeds the supply of such housing, as evidenced by studies in 1998 that found that-- (A) 5,300,000 households (one-seventh of all renters in the Nation) have worst-case housing needs; and (B) the number of families with at least one full- time worker and having worst-case housing needs increased from 1991 to 1995 by 265,000 (24 percent) to almost 1,400,000; (5) the shortage of affordable housing in the United States reached a record high in 1995, when the number of low-income households exceeded the number of low-cost rental dwelling units by 4,400,000; (6) between 1990 and 1995, the shortage of affordable housing in the United States increased by 1,000,000 dwelling units, as the supply of low-cost units decreased by 100,000 and the number of low-income renter households increased by 900,000; (7) there are nearly 2 low-income renters in the United States for every low-cost rental dwelling unit; (8) 2 of every 3 low-income renters receive no housing assistance and about 2,000,000 low-income households remain on waiting lists for affordable housing; (9) the shortage of affordable housing dwelling units results in low-income households that are not able to acquire low-cost rental units paying large proportions of their incomes for rent; and (10) in 1995, 82 percent of low-income renter households were paying more than 30 percent of their incomes for rent and utilities. (b) Purpose.--It is the purpose of this Act-- (1) to promote the preservation of affordable housing units by providing matching grants to States that have developed and funded programs for the preservation of privately owned housing that is affordable to low-income families and persons and was produced for such purpose with Federal assistance; (2) to minimize the involuntary displacement of tenants who are currently residing in such housing, many of whom are elderly or disabled persons; and (3) to continue the partnerships among the Federal Government, State and local governments, and the private sector in operating and assisting housing that is affordable to low- income Americans. SEC. 3. AUTHORITY. The Secretary of Housing and Urban Development shall, to the extent amounts are made available pursuant to section 11, make grants under this Act to States for low-income housing preservation. SEC. 4. USE OF GRANTS. (a) In General.--Amounts from grants under this Act may be used only for assistance for acquisition, preservation incentives, operating costs, and capital expenditures for a housing project that meets the requirements under subsection (b), (c), or (d). (b) Projects With Hud-Insured Mortgages.--A project meets the requirements under this subsection only if-- (1) the project is financed by a loan or mortgage that is-- (A) insured or held by the Secretary under section 221(d)(3) of the National Housing Act and receiving loan management assistance under section 8 of the United States Housing Act of 1937 due to a conversion from section 101 of the Housing and Urban Development Act of 1965; (B) insured or held by the Secretary and bears interest at a rate determined under the proviso of section 221(d)(5) of the National Housing Act; (C) insured, assisted, or held by the Secretary or a State or State agency under section 236 of the National Housing Act; or (D) held by the Secretary and formerly insured under a program referred to in subparagraph (A), (B), or (C); (2) the project is subject to an unconditional waiver of, with respect to the mortgage referred to in paragraph (1)-- (A) all rights to any prepayment of the mortgage; and (B) all rights to any voluntary termination of the mortgage insurance contract for the mortgage; and (3) the owner of the project has entered into binding commitments (applicable to any subsequent owner) to extend all low-income affordability restrictions for the project, including any such restrictions imposed because of any contract for project-based assistance for the project. (c) Projects With Section 8 Project-Based Assistance.--A project meets the requirements under this subsection only if-- (1) the project is subject to a contract for project-based assistance; and (2) the owner of the project has entered into binding commitments (applicable to any subsequent owner) to extend such assistance for the maximum period allowable under law (subject to the availability of amounts for such purpose) and to extend any low-income affordability restrictions applicable to the project in connection with such assistance. (d) Projects Purchased by Residents.--A project meets the requirements under this subsection only if the project-- (1) is or was eligible low-income housing (as such term is defined in section 229 of the Low-Income Housing Preservation and Resident Homeownership Act of 1990 (42 U.S.C. 4119); and (2) has been purchased by a resident council for the housing or is approved by the Secretary for such purchase, for conversion to homeownership housing under a resident homeownership program meeting the requirements under section 226 of such Act (12 U.S.C. 4116). (e) Combination of Assistance.--Notwithstanding subsection (a), any project that is otherwise eligible for assistance with grant amounts provided under this Act because the project meets the requirements under subsection (b) or (c) and that also meets the requirements under paragraph (1) of the other of such subsections, shall be eligible for such assistance only if the project complies with all of the requirements under such other subsection. SEC. 5. GRANT AMOUNT LIMITATION. The Secretary shall limit the portion of the aggregate amount of grants under this Act made available for any fiscal year that may be provided to a single State based upon the proportion of such State's need (as determined by the Secretary) for such assistance to the aggregate need among all States approved for such assistance for such fiscal year. SEC. 6. MATCHING REQUIREMENT. (a) In General.--The Secretary may not make a grant under this Act to any State for any fiscal year in an amount that exceeds twice the amount that the State certifies, as the Secretary shall require, that the State will contribute for such fiscal year, or has contributed since January 1, 2003, from non-Federal sources for the purposes under section 4(a). (b) Treatment of Previous Contributions.--Any portion of amounts contributed after January 1, 2003, that are counted for purposes of meeting the requirement under subsection (a) for a fiscal year may not be counted for such purposes for any subsequent fiscal year. (c) Treatment of Tax Credits.--Tax credits provided under section 42 of the internal revenue code of 1986 and proceeds from the sale of tax-exempt bonds by any State or local government entity shall not be considered non-Federal sources for purposes of this section SEC. 7. TREATMENT OF SUBSIDY LAYERING REQUIREMENTS. Neither section 6 nor any other provision of this Act may be construed to prevent the use of tax credits provided under section 42 of the Internal Revenue Code of 1986 in connection with housing assisted with grant amounts provided under this Act, to the extent that such use is in accordance with section 102(d) of the Department of Housing and Urban Development Reform Act of 1989 (42 U.S.C. 3545(d)) and section 911 of the Housing and Community Development Act of 1992 (42 U.S.C. 3545 note). SEC. 8. APPLICATIONS. The Secretary shall provide for States (through appropriate State agencies) to submit applications for grants under this Act. The Secretary shall require the applications to contain any information and certifications necessary for the Secretary to determine whether the State is eligible to receive such a grant. SEC. 9. DEFINITIONS. For purposes of this Act, the following definitions shall apply: (1) Low-income affordability restrictions.--The term ``low- income affordability restrictions'' means, with respect to a housing project, any limitations imposed by regulation or regulatory agreement on rents for tenants of the project, rent contributions for tenants of the project, or income-eligibility for occupancy in the project. (2) Project-based assistance.--The term ``project-based assistance'' has the meaning given such term in section 16(c) of the United States Housing Act of 1937 (42 U.S.C. 1437n(c)), except that such term includes assistance under any successor programs to the programs referred to in such section. (3) Secretary.--The term ``Secretary'' means the Secretary of Housing and Urban Development. (4) State.--The term ``State'' means the States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, Guam, the Virgin Islands, American Samoa, and any other territory or possession of the United States. SEC. 10. REGULATIONS. The Secretary may issue any regulations necessary to carry out this Act. SEC. 11. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated for grants under this title such sums as necessary for each of fiscal years 2003, 2004, 2005, 2006, and 2007.

Housing Preservation Matching Grant Act of 2003 - Authorizes the Secretary of Housing and Urban Development to make matching grants to States (including the District of Columbia and U.S. commonwealths, territories, and possessions) for low-income housing preservation.Sets forth requirements for projects: (1) with Department of Housing and Urban Development-insured mortgages; (2) with section 8 assistance; or (3) purchased by the residents.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Servicemembers Insurance Relief Act of 2014''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--The Congress finds the following: (1) When servicemembers move from one State to another they are required to go through a burdensome process of changing their auto insurance policies. (2) The Servicemembers Civil Relief Act (50 U.S.C. App. 501 et seq.) allows the men and women serving in the United States Armed Forces to keep a stable domicile with respect to auto licensing and fees even if they are forced to move temporarily in compliance with military orders. (3) The Federal Insurance Office of the U.S. Department of the Treasury, in its report of December 12, 2013, on how to modernize and improve the system of insurance regulation in the United States, found that ``an individual on active duty can transfer credit cards, checking accounts, and other financial services simply by submitting a change of address form. By contrast, an individual moving from one state to another may be required to obtain a new auto insurance policy on each transfer''. Furthermore the report called on interested parties ``to identify a more accommodating approach for service members who have personal auto policies and are required to move across state lines''. (4) Relief should be provided with respect to auto insurance policies for servicemembers and their families that are required to move in compliance with any temporary duty or permanent change of station order. (b) Purpose.--The purpose of this Act is to reduce the burdens and increase the protections involved in changing auto insurance policies for servicemembers and their families who are required to move in compliance with a temporary duty or permanent change of station order. SEC. 3. MAINTENANCE OF DOMICILE FOR INSURANCE PURPOSES. (a) In General.--A member of a household of a servicemember shall neither lose nor acquire a residence or domicile for purposes of insuring a motor vehicle used primarily for personal, family, or household use if-- (1) in the case of a member of the household who is a servicemember, such servicemember has temporarily moved to comply with any temporary duty or permanent change of station order; or (2) in the case of any other member of the household, such member has temporarily moved to accompany a servicemember of such household who is complying with any temporary duty or permanent change of station order. (b) Notice.-- (1) Requirement.--If a member of a household of a servicemember notifies an insurer of a motor vehicle of such member of a move referred to in subsection (a), such insurer shall provide such member with a servicemembers insurance choice notice under paragraph (2). (2) Servicemembers insurance choice notice.--The Director of the Federal Insurance Office of the Department of the Treasury shall promulgate, in compliance with the rulemaking requirements of subchapter II of chapter 5 of title 5, United States Code (commonly known as the Administrative Procedure Act)-- (A) a standard servicemembers insurance choice notice that shall-- (i) summarize clearly and in plain language the right of servicemembers and members of their households, in addition to options available under current law, to continue an existing auto insurance policy as allowed by the insurer with appropriate adjustments that relate only to location risk factors; (ii) include language notifying the servicemember that the insurer to whom the servicemember provided the notice of a move shall explain the coverage options available to the servicemember as a result of the move; and (iii) include standard language that requires no alterations or additions for an insurer providing the notice to be fully in compliance with paragraph (1); and (B) standards regarding methods for transmittal of such notice to a member of a household of a servicemember that are sufficient to comply with paragraph (1). (3) Safe harbor.--Paragraph (1) may not be construed to impose any duty on an insurer who is notified of a move referred to in subsection (a) to determine whether the person providing such notice is a servicemember. (c) Limitations.--Nothing in this section shall be construed to-- (1) require a person to maintain an existing auto insurance policy; (2) allow an insurer to impose any penalties against a member of a household of a servicemember based solely on a decision to maintain or not maintain an existing auto insurance policy, as allowed by the insurer with appropriate adjustments that relate only to location risk factors; or (3) require an insurer to continue providing coverage to such a member. (d) Preemption.--The provisions of this Act shall supersede any and all State or local laws that conflict with this Act, including-- (1) any State or local law that requires a member of a household of a servicemember to change the auto insurance policy of such member; (2) any State or local law that seeks to assert control over the regulation of such policy other than by the State in which the auto insurance policy was issued or renewed; and (3) any State or local law regarding proof of insurance that prohibits the electronic delivery of insurance documents. (e) Liability Limits.--Notwithstanding subsection (d)(2), the minimum security requirements for motor vehicles of the State where a servicemember resides shall apply to an auto insurance policy of a member of such servicemember's household. (f) Enforcement.--Authority to examine and enforce insurer compliance with the provisions of this Act shall be held by the State in which the auto insurance policy was issued or renewed. SEC. 4. DEFINITIONS. In this Act: (a) Member of a Household.--The term ``member of a household'' means, with respect to a servicemember-- (1) the servicemember; (2) the spouse of the servicemember; or (3) any dependent residing with the servicemember or the spouse of the servicemember. (b) Motor Vehicle.--The term ``motor vehicle'' has the meaning given the term in section 30102(a)(6) of title 49, United States Code. (c) Servicemember.--The term ``servicemember'' means a member of the uniformed services, as such term is defined in section 101(a) of title 10, United States Code, or of the National Guard or the reserve components thereof. (d) State.--The term ``State'' means each of the several States of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States. (e) Temporarily Moved.--The term ``temporarily moved'' means, with respect to a person, that the person has moved from one State to another but has not decided to reside indefinitely in the State to which such person moved.

Servicemembers Insurance Relief Act of 2014 - Declares that a member of a servicemember's household neither loses nor acquires a residence or domicile for purposes of insuring a motor vehicle primarily for personal, family, or household use if: (1) the servicemember has temporarily moved to comply with any temporary duty or permanent change of station order, or (2) the member of the household has temporarily moved to accompany a servicemember who is complying with such an order. Defines: (1) "servicemember" as a member of the uniformed services, the National Guard, or reserve components; and (2) "member of a household" as the servicemember, the spouse of a servicemember, or any dependent residing with such a servicemember or a servicemember's spouse. Requires insurers to provide a member of a servicemember's household with a servicemembers insurance choice notice if a household member notifies the insurer of such a move. Directs the Federal Insurance Office of the Department of the Treasury to promulgate a standard servicemembers insurance choice notice that: (1) summarizes the right of servicemembers and members of their households, in addition to options available under current law, to continue an existing auto insurance policy as allowed by the insurer with appropriate adjustments that relate only to location risk factors; (2) notifies the servicemember that the insurer will explain the coverage options available to the servicemember as a result of the move; and (3) requires no alterations or additions for an insurer to be in compliance with such notification requirements. Prohibits this Act from requiring an insurer to continue providing coverage to such a member. Provides enforcement authority to the states in which the relevant auto insurance policy was issued or renewed.

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SECTION 1. EXCEPTION FROM PROVISIONS REQUIRING REDUCTION IN ADDITIONAL OPTIONAL LIFE INSURANCE. (a) In General.--Subsection (c) of section 8714b of title 5, United States Code, is amended by adding at the end the following: ``(3)(A) The amount of additional optional insurance continued under paragraph (2) shall be continued, without any reduction under the last two sentences thereof, if-- ``(i) at the time of retirement, there is in effect a designation under section 8705 under which the entire amount of such insurance would be paid to an individual who is permanently disabled; and ``(ii) an election under subsection (d)(3) on behalf of such individual is made in timely fashion. ``(B) Notwithstanding subparagraph (A), any reduction required under paragraph (2) shall be made if-- ``(i) the additional optional insurance is not in fact paid in accordance with the designation under section 8705, as in effect at the time of retirement; ``(ii) the Office finds that adequate arrangements have not been made to ensure that the insurance provided under this section will be used only for the care and support of the individual so designated; or ``(iii) the election referred to in subparagraph (A)(ii) terminates at any time before the death of the individual who made such election. ``(C) For purposes of this paragraph, the term `permanently disabled' shall have the meaning given such term under regulations which the Office shall prescribe based on subparagraphs (A) and (C) of section 1614(a)(3) of the Social Security Act, except that, in applying subparagraph (A) of such section for purposes of this subparagraph, `which can be expected to last permanently' shall be substituted for `which has lasted or can be expected to last for a continuous period of not less than twelve months'.''. (b) Continued Withholdings.--Subsection (d) of such section 8714b is amended by adding at the end the following: ``(3)(A) To be eligible for unreduced additional optional insurance under subsection (c)(3), the insured individual shall be required to elect, at such time and in such manner as the Office by regulation requires (including procedures for demonstrating compliance with the requirements of subsection (c)(3)), to have the full cost thereof continue to be withheld from the former employee's annuity or compensation, as the case may be, beginning as of when such withholdings would otherwise cease under the second sentence of paragraph (1). ``(B) An election made by an insured individual under subparagraph (A) (and withholdings pursuant thereto) shall terminate in the event that-- ``(i) the insured individual-- ``(I) revokes such election; or ``(II) makes any redesignation or other change in the designation under section 8705 (as in effect at the time of retirement); or ``(ii) the Office finds, upon the application of the insured individual or on its own initiative, that any of the requirements or conditions for unreduced additional optional insurance under subsection (c)(3) are, at any time, no longer met.''. (c) Effective Date.-- (1) In general.--The amendments made by this section shall take effect on the date of the enactment of this Act. (2) Election for certain individuals not otherwise eligible.--The Office of Personnel Management shall prescribe regulations under which an election under section 8714b(d)(3)(A) of title 5, United States Code (as amended by this Act) may be made, within 1 year after the date of the enactment of this Act, by any individual not otherwise eligible to make such an election, but only if such individual-- (A) separated from service on or after the first day of the 50-month period ending on the date of enactment of this Act; and (B) would have been so eligible had the amendments made by this Act (and implementing regulations) been in effect as of the individual's separation date (or, if earlier, the last day for making such an election based on that separation). (3) Withholdings.-- (A) Prospective effect.--If an individual makes an election under paragraph (2), withholdings under section 8714b(d)(3)(A) of such title 5 shall thereafter be made from such individual's annuity or compensation, as the case may be. (B) Earlier amounts.--If, pursuant to such election, benefits are in fact paid in accordance with section 8714b(c)(3) of such title 5 upon the death of the insured individual, an appropriate reduction (computed under regulations prescribed by the Office) shall be made in such benefits to reflect the withholdings that-- (i) were not made (before the commencement of withholdings under subparagraph (A)) by reason of the cessation of withholdings under the second sentence of section 8714b(d)(1) of such title; but (ii) would have been made had the amendments made by this Act (and implementing regulations) been in effect as of the time described in paragraph (2)(B). (4) Notice.--The Office shall, by publication in the Federal Register and such other methods as it considers appropriate, notify current and former Federal employees as to the enactment of this Act and any benefits for which they might be eligible pursuant thereto. Included as part of such notification shall be a brief description of the procedures for making an election under paragraph (2) and any other information that the Office considers appropriate.

Amends Federal civil service law to permit a retired Federal employee over age 65 to continue additional optional life insurance coverage when the beneficiary is permanently disabled. Requires such retiree to pay the entire premium for such insurance through withholdings from the retiree's annuity or compensation.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Mercury-Free Vaccines Act of 2005''. SEC. 2. FINDINGS. The Congress finds as follows: (1) In July 1999, the Public Health Service and the American Academy of Pediatrics issued a joint statement, which was later endorsed by the American Academy of Family Physicians, proclaiming: ``[The] Public Health Service, the American Academy of Pediatrics, and vaccine manufacturers agree that thimerosal-containing vaccines should be removed as soon as possible. Similar conclusions were reached this year in a meeting attended by European regulatory agencies, the European vaccine manufacturers, and the US FDA which examined the use of thimerosal-containing vaccines produced or sold in European countries.''. (2) In July 2000, the Public Health Service, the Advisory Commission on Immunization Practices, the American Academy of Pediatrics, and the American Academy of Family Physicians issued a joint statement, providing: ``The AAFP, [the] AAP, and the PHS in consultation with the ACIP reaffirm the goal set in July 1999 to remove or greatly reduce thimerosal from vaccines as soon as possible for the following reasons: 1) the removal or substantial reduction of thimerosal from vaccines is feasible, 2) the progress in removal which has been made to date is substantial, 3) the discussions between the Food and Drug Administration and the vaccine manufacturers in removing thimerosal are ongoing, and 4) the public concern about the use of mercury of any sort remains high. Based on information from the FDA and manufacturers, the PHS projects that the United States will complete its transition to a secure routine pediatric vaccine supply free of thimerosal as a preservative (i.e. at least two vaccine products each for Hep B, Hib, and DTaP) by the first quarter of 2001.''. (3) The Institute of Medicine's Immunization Review Committee concluded that significant reasons existed for continued public health attention to concerns about thimerosal exposure and neurodevelopmental disorders and recommended the removal of thimerosal from vaccines administered to children and pregnant women. (4) Federal regulatory agencies and manufacturers have taken positive steps to remove thimerosal from some medical products, most notably routinely administered childhood vaccines. (5) Considerable progress has been made in reducing mercury exposures from childhood vaccines, yet 5 years after the July 1999 statement, thimerosal remains in several nonroutinely administered childhood vaccines and many pediatric and adult influenza vaccines. (6) There is no law or regulation to prohibit the reintroduction of thimerosal into any products from which it has been removed, leaving open the possibility that it may be reintroduced at some point in the future in new vaccines or vaccines from which it has already been removed. (7) The Environmental Protection Agency has estimated that as many as 1 in 6 infants are born with a blood mercury level that exceeds the Agency's safety threshold. (8) Cumulative exposures to mercury, a neurotoxin, are known to cause harm, particularly in young children and pregnant women. (9) Taking steps to reduce mercury exposures through vaccines is an important way to reduce direct exposures to mercury and mercury compounds. SEC. 3. BANNED MERCURY-CONTAINING VACCINES. (a) Prohibition.--Section 501 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 351) is amended by adding at the end the following: ``(j) If it is a banned mercury-containing vaccine under section 351B of the Public Health Service Act.''. (b) Amendment to PHSA.--Title III of the Public Health Service Act (42 U.S.C. 241 et seq.) is amended by inserting after section 351A the following: ``SEC. 351B. BANNED MERCURY-CONTAINING VACCINES. ``(a) In General.--For purposes of section 501(j) of the Federal Food, Drug, and Cosmetic Act, and subject to subsection (b), a vaccine is a banned mercury-containing vaccine under this section if 1 dose of the vaccine contains 1 or more micrograms of mercury in any form. ``(b) Public Health Emergency Exception.-- ``(1) Exception.--Subsection (j) of section 501 of the Federal Food, Drug, and Cosmetic Act shall not apply to a vaccine during the effective period of a declaration issued by the Secretary for such vaccine under this subsection. ``(2) Declaration.--The Secretary may issue a declaration concluding that an actual or potential bioterrorist incident or other actual or potential public health emergency makes advisable the administration of a vaccine described in subsection (a) notwithstanding the mercury content of such vaccine. ``(3) Limitation.--The Secretary-- ``(A) shall specify in any declaration under this section the beginning and ending dates of the effective period of the declaration; and ``(B) may not specify any such effective period that exceeds 12 months. ``(4) Renewals.--At the end of the effective period of any declaration under this section, the Secretary, subject to paragraph (3), may issue another declaration for the same incident or public health emergency. ``(5) Publication.--The Secretary shall promptly publish each declaration under this section in the Federal Register. ``(c) Effective Dates.--This section applies only to the introduction, or delivery for introduction, of a banned mercury- containing vaccine into interstate commerce on or after the earlier of the following: ``(1) July 1, 2006, if the vaccine is listed in the January-June 2005 version of the recommended childhood and adolescent immunization schedule of the Centers for Disease Control and Prevention (other than an influenza vaccine). ``(2) January 1, 2009.''. SEC. 4. RESTRICTIONS ON ADMINISTRATION OF MERCURY-CONTAINING INFLUENZA VACCINES TO CHILDREN AND PREGNANT WOMEN. (a) Application.--This section applies only to a vaccine that-- (1) is a banned mercury-containing vaccine (as that term is defined in section 351B(a) of the Public Health Service Act (as amended by section 3)); (2) is an influenza vaccine; and (3) is manufactured for use in the 2006-2007 influenza season or any subsequent period. (b) Restrictions on Administration of Vaccine to Children.--Any approval by the Secretary of Health and Human Services of a biologics license under section 351 of the Public Health Service Act (42 U.S.C. 262) for any vaccine described in subsection (a) shall provide that such vaccine is being approved as a biological product subject to subpart H of part 314 of title 21, Code of Federal Regulations (or any successor regulations). Under such subpart H, the Secretary shall establish the following restrictions on the distribution of the vaccine: (1) Effective July 1, 2006, the vaccine shall not be administered to any child under the age of 3 years old. (2) Effective July 1, 2006, if the vaccine contains thimerosal, the vaccine shall not be administered to any pregnant woman. (3) Effective July 1, 2007, the vaccine shall not be administered to any child under the age of 6 years old. (c) Transitional Provision.--In the case of a biologics license under section 351 of the Public Health Service Act (42 U.S.C. 262) that was approved before the date of the enactment of this Act for a vaccine described in subsection (a)-- (1) at the request of the holder of the license, the Secretary shall modify the license to include the restrictions described in subsection (b); or (2) if the holder of the license fails to submit such a request, the Secretary shall revoke the license as applied to vaccines manufactured for use in the 2006-2007 influenza season or any subsequent period. (d) Public Health Emergency Exception.--This section shall not apply to a vaccine during the effective period of a declaration issued by the Secretary for such vaccine under section 351B(b) of the Public Health Service Act (as amended by section 3). SEC. 5. INFORMATION ON MERCURY CONTENT. Section 2126 of the Public Health Service Act (42 U.S.C. 300aa-26) is amended by adding at the end the following: ``(e) Mercury Content.--Not later than 2 months after the date of the enactment of this subsection, the Secretary shall revise the vaccine information materials developed and disseminated under this section to ensure that, in the case of any vaccine described in subsection (a) that contains mercury, the materials include-- ``(1) a statement indicating the presence of mercury in the vaccine; ``(2) information on the availability of any mercury-free or mercury-reduced alternative vaccine and instructions on how to obtain such alternative vaccine; and ``(3) a recommendation against administration of any mercury-containing vaccine to a pregnant woman.''. SEC. 6. SENSE OF CONGRESS. It is the sense of the Congress that the Director of the Centers for Disease Control and Prevention should include, in any information disseminated by the Centers to the public or to health care providers relating to the administration of vaccines, a recommendation against administration of any thimerosal-containing vaccine to a pregnant woman. SEC. 7. REPORT TO CONGRESS. Not later than 1 year after the date of the enactment of this Act, and annually thereafter, the Commissioner of Food and Drugs shall submit a report to the Congress annually on the progress of the Commissioner in removing mercury from vaccines.

Mercury-Free Vaccines Act of 2005 - Amends the Federal Food, Drug, and Cosmetic Act to deem a banned mercury-containing vaccine to be adulterated. Amends the Public Health Service Act to provide that a vaccine is a banned mercury-containing vaccine if one dose of the vaccine contains 1 or more micrograms of mercury in any form. Authorizes the Secretary of Health and Human Services to declare that an actual or potential bioterrorist incident or other public health emergency makes the administration of such vaccines advisable for a specified period. Requires the Secretary to prohibit the distribution of banned mercury-containing influenza vaccines that are approved as biological products to: (1) any child under the age of three years old (effective July 1, 2006); (2) pregnant women if the vaccine contains thimerosal (effective July 1, 2006); and (3) any child under the age of six (effective July 1, 2007). Requires the Secretary to revise the vaccine information included with mercury-containing vaccines to include: (1) a statement that indicates the presence of mercury in the vaccine; (2) information on the availability of any mercury-free or mercury-reduced alternative vaccine and instructions on how to obtain such an alternative vaccine; and (3) a recommendation against administration of any mercury-containing vaccine to a pregnant woman. Expresses the sense of Congress that the Centers for Disease Control and Prevention (CDC) should disseminate, with any vaccine-related information, a recommendation against administration of any thimerosal-containing vaccine to a pregnant woman.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Common Sense Preble's Conservation Act''. SEC. 2. SPECIAL REQUIREMENTS REGARDING PREBLE'S MEADOW JUMPING MOUSE. (a) In General.--Section 13 of the Endangered Species Act of 1973 is amended to read as follows: ``special requirements regarding preble's meadow jumping mouse ``Sec. 13. (a) Use of Best Scientific and Commercial Data Available.--In any case in which the Secretary is required by this Act to use the best scientific and commercial data available with respect to determining whether the Preble's meadow jumping mouse is an endangered species or a threatened species, the Secretary-- ``(1) in evaluating comparable data, shall give greater weight to scientific or commercial data that are empirical or have been field-tested or peer-reviewed; and ``(2) shall include, in data used with respect to that species, data regarding population numbers of the species. ``(b) Field Data.-- ``(1) Requirement.--The Secretary may not determine under section 4 that the Preble's meadow jumping mouse is an endangered species or a threatened species unless the determination is supported by data obtained by observation of the species in the field. ``(2) Data from landowners.--The Secretary shall-- ``(A) accept and acknowledge receipt of data regarding the status of that species that is collected by an owner of land through observation of the species on the land; and ``(B) include the data in the rulemaking record compiled for any determination that the species is an endangered species or a threatened species. ``(c) Independent Scientific Review Requirements.-- ``(1) Definitions.--In this subsection: ``(A) Action.--The term `action' means-- ``(i) the determination that the Preble's meadow jumping mouse is an endangered species or a threatened species under section 4(a); and ``(ii) the determination under section 4(a) that the Preble's meadow jumping mouse should be removed from any list published under section 4(c)(1). ``(B) Qualified individual.--The term `qualified individual' means an individual with expertise in the biological sciences-- ``(i) who through publication of peer- reviewed scientific literature or other means, has demonstrated scientific expertise on the Preble's meadow jumping mouse or a similar species or other scientific expertise relevant to the decision of the Secretary under section 4(a) or (f); ``(ii) who does not have, or represent any person with, a conflict of interest with respect to the determination that is the subject of the review; ``(iii) who is not a participant in any petition or proposed or final determination before the Secretary; and ``(iv) who has no direct financial interest, and is not employed by any person with a direct financial interest, in opposing the action under consideration. ``(2) List of independent scientific reviewers.--The Secretary shall solicit recommendations from the National Academy of Sciences and develop and maintain a list of qualified reviewers to participate in independent scientific review of actions. ``(3) Appointment of independent scientific reviewers.--(A) Before any action shall become final, the Secretary shall appoint randomly, from among the list prepared in accordance with this section, 3 qualified individuals who shall review and report to the Secretary on the scientific information and analyses on which the proposed action is based. ``(B) The selection and activities of the reviewers selected pursuant to this section shall not be subject to the Federal Advisory Committee Act (5 U.S.C. App.). ``(C) Reviewers shall be compensated for conducting the independent review. ``(4) Opinion of peer reviewers.--Independent reviewers shall provide the Secretary, within 3 months, their opinion regarding all relevant scientific information and assumptions relating to the taxonomy, population models, and supportive biological and ecological information for the Preble's meadow jumping mouse. ``(5) Final determination.--If the referees have made a recommendation on a proposed action, the Secretary shall evaluate and consider the information that results from the independent scientific review and include in the final determination-- ``(A) a summary of the results of the independent scientific review; and ``(B) in a case in which the recommendation of a majority of the referees who conducted the independent scientific review is not followed, an explanation as to why the recommendation was not followed. ``(6) Public notice.--The report of the peer reviewers shall be included in the official record of the proposed action and shall be available for public review prior to the close of the comment period on the proposed action.''. (b) Conforming Amendment.--The table of sections in the first section of such Act is amended by striking the item relating to section 13 and inserting the following: ``Sec. 13. Special requirements regarding Preble's meadow jumping mouse.''.

Common Sense Preble's Conservation Act - Amends the Endangered Species Act of 1973 to provide that, in any case in which the Secretary of the Interior is required to use the best scientific and commercial data available with respect to determining whether the Preble's meadow jumping mouse is an endangered or threatened species, the Secretary: (1) in evaluating comparable data, shall give greater weight to scientific or commercial data that are empirical or have been field-tested or peer-reviewed; and (2) shall include data regarding population numbers of the species.Prohibits the Secretary from determining that the Preble's meadow jumping mouse is an endangered or threatened species unless the determination is supported by data obtained by observation of the species in the field.Directs the Secretary to: (1) accept and acknowledge receipt of data regarding the status of that species that is collected by an owner of land through observation of the species on the land, and include the data in the rule-making record compiled for any determination that the species is an endangered or threatened species; (2) solicit recommendations from the National Academy of Sciences and develop and maintain a list of qualified reviewers to participate in independent scientific review of actions; and (3) appoint randomly from among the list, before any action becomes final, three qualified individuals who shall review and report to the Secretary on the scientific information and analyses on which the proposed action is based.

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SECTION 1. SHORT TITLE. This section may be cited as the ``Floodplain Maps Moratorium Act''. SEC. 2. 5-YEAR DELAY IN EFFECTIVE DATE OF MANDATORY PURCHASE REQUIREMENT FOR NEW FLOOD HAZARD AREAS. (a) In General.--Section 102 of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4012a) is amended by adding at the end the following new subsections: ``(i) Delayed Effective Date of Mandatory Purchase Requirement for New Flood Hazard Areas.-- ``(1) In general.--In the case of any area that was not previously designated as an area having special flood hazards and that, pursuant to any issuance, revision, updating, or other change in flood insurance maps that takes effect on or after September 30, 2007, becomes designated as an area having special flood hazards, if each State and local government having jurisdiction over any portion of the geographic area has complied with paragraph (2), such designation shall not take effect for purposes of subsection (a), (b), or (e) of this section, or section 202(a) of this Act, until the expiration of the 5-year period beginning upon the date that such maps, as issued, revised, update, or otherwise changed, become effective. ``(2) Notice requirements.--A State or local government shall be considered to have complied with this paragraph with respect to any geographic area described in paragraph (1) only if the State or local government has, before the effective date of the issued, revised, updated, or changed maps, and in accordance with such standards as shall be established by the Director-- ``(A) developed an evacuation plan to be implemented in the event of flooding in such portion of the geographic area; and ``(B) developed and implemented an outreach and communication plan to advise occupants in such portion of the geographic area of potential flood risks, appropriate evacuation routes under the evacuation plan referred to in subparagraph (A), the opportunity to purchase flood insurance, and the consequences of failure to purchase flood insurance. ``(3) Rule of construction.--Nothing in paragraph (1) may be construed to affect the applicability of a designation of any area as an area having special flood hazards for purposes of the availability of flood insurance coverage, criteria for land management and use, notification of flood hazards, eligibility for mitigation assistance, or any other purpose or provision not specifically referred to in paragraph (1). ``(j) Availability of Preferred Risk Rating Method Premiums.--The preferred risk rate method premium shall be available for flood insurance coverage for properties located in areas referred to in subsection (i)(1) and during the time period referred to in subsection (i)(1).''. (b) Conforming Amendment.--The second sentence of subsection (h) of section 1360 of the National Flood Insurance Act of 1968 (42 U.S.C. 4101(h)) is amended by striking ``Such'' and inserting ``Except for notice regarding a change described in section 102(i)(1) of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4012a(i)(1)), such''. (c) No Refunds.--Nothing in this section or the amendments made by this section may be construed to authorize or require any payment or refund for flood insurance coverage purchased for any property that covered any period during which such coverage is not required for the property pursuant to the applicability of the amendment made by subsection (a). SEC. 3. NOTIFICATION TO HOMEOWNERS REGARDING MANDATORY PURCHASE REQUIREMENT APPLICABILITY. Section 201 of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4105) is amended by adding at the end the following new subsection: ``(f) Annual Notification.--The Director, in consultation with affected communities, shall establish and carry out a plan to notify residents of areas having special flood hazards, on an annual basis-- ``(1) that they reside in such an area; ``(2) of the geographical boundaries of such area; ``(3) of the provisions of section 102 requiring purchase of flood insurance coverage for properties located in such an area, including the date on which such provisions apply with respect to such area, taking into consideration section 102(i); and ``(4) of a general estimate of what similar homeowners in similar areas typically pay for flood insurance coverage.''. SEC. 4. NOTIFICATION OF ESTABLISHMENT OF FLOOD ELEVATIONS. Section 1360 of the National Flood Insurance Act of 1968 (42 U.S.C. 4101) is amended by adding at the end the following new subsection: ``(k) Notification to Members of Congress of Map Modernization.-- Upon any revision or update of any floodplain area or flood-risk zone pursuant to subsection (f), any decision pursuant to subsection (f)(1) that such revision or update is necessary, any issuance of preliminary maps for such revision or updating, or any other significant action relating to any such revision or update, the Director shall notify the Senators for each State affected, and each Member of the House of Representatives for each congressional district affected, by such revision or update in writing of the action taken.''. SEC. 5. REVIEW OF FLOOD MAP CHANGES BY AFFECTED COMMUNITIES. Section 1360 of the National Flood Insurance Act of 1968 (42 U.S.C. 4101), as amended by section 3, is further amended by adding at the end the following new subsection: ``(l) Review of Flood Map Changes by Affected Communities.--Not later than three years before the date on which a flood insurance rate map change or revision becomes effective, the Director shall notify each community affected by such map change or revision, including each State and local government with jurisdiction over an area affected by such map change or revision, and provide each such community and each such State and local government with an opportunity to review such map change or revision and propose modifications to such map change or revision.''. SEC. 6. REVIEW OF FLOOD MAP METHODOLOGY. Section 1360 of the National Flood Insurance Act of 1968 (42 U.S.C. 4101), as amended by section 4, is further amended by adding at the end the following new subsection: ``(m) Review of Flood Map Methodology.--Not less than once every ten years, the Comptroller General of the United States shall conduct a review of the methodology used to issue or revise flood insurance rate maps and submit the results of such review to Congress and the Director.''. SEC. 7. APPEALS. (a) Television and Radio Announcement.--Section 1363 of the National Flood Insurance Act of 1968 (42 U.S.C. 4104) is amended-- (1) in subsection (a), by inserting after ``determinations'' by inserting the following: ``by notifying a local television and radio station,''; and (2) in the first sentence of subsection (b), by inserting before the period at the end the following: ``and shall notify a local television and radio station at least once during the same 10-day period''. (b) Applicability.--The amendments made by subsection (a) shall apply with respect to any flood elevation determination for any area in a community that has not, as of the date of the enactment of this Act, been issued a Letter of Final Determination for such determination under the flood insurance map modernization process. SEC. 8. STUDY ON REPAYING FLOOD INSURANCE DEBT. Not later than the expiration of the 6-month period beginning on the date of the enactment of this Act, the Administrator of the Federal Emergency Management Agency shall submit a report to the Congress setting forth a plan for repaying within 10 years all amounts, including any amounts previously borrowed but not yet repaid, owed pursuant to clause (2) of subsection (a) of section 1309 of the National Flood Insurance Act of 1968 (42 U.S.C. 4016(a)(2)).

Floodplain Maps Moratorium Act - Amends the Flood Disaster Protection Act of 1973 to delay for five years the requirement to purchase flood insurance for properties in a new flood hazard area if the area's state or local government has developed a flood evacuation plan and meets other specified criteria. Makes the preferred risk rate method premium available for flood insurance coverage of such properties. Directs the Director of the Federal Emergency Management Agency (FEMA) to establish and implement a plan to notify annually residents of areas having special flood hazards regarding the mandatory purchase requirement. Amends the National Flood Insurance Act of 1968 to require the Director to: (1) notify the pertinent Members of Congress as well as the affected communities and their state and local governments about any decision to make a floodplain area or flood-risk zone revision, and (2) provide each such community and state and local government with an opportunity to review and propose modifications to a flood insurance map change or revision. Requires the Comptroller General to review the methodology used to issue or revise flood insurance rate maps. Requires the Director to notify a local television and radio station about proposed or published flood elevation determinations. Directs the Administrator of FEMA to report to Congress a plan for repaying within 10 years all unpaid presidentially approved flood insurance program debt.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Fern Lake Conservation and Recreation Act of 2001''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--The Congress finds the following: (1) Fern Lake and its surrounding watershed in Bell County, Kentucky, and Claiborne County, Tennessee, is within the potential boundaries of Cumberland Gap National Historical Park as originally authorized by the Act of June 11, 1940 (54 Stat. 262; 16 U.S.C. 261 et seq.). (2) The acquisition of Fern Lake and its surrounding watershed and its inclusion in Cumberland Gap National Historical Park would protect the vista from Pinnacle Overlook, which is one of the park's most valuable scenic resources and most popular attractions, and enhance recreational opportunities at the park. (3) Fern Lake is the water supply source for the city of Middlesboro, Kentucky, and environs. (4) The 4500-acre Fern Lake watershed is privately owned, and the 150-acre lake and part of the watershed are currently for sale, but the Secretary of the Interior is precluded by the first section of the Act of June 11, 1940 (16 U.S.C. 261), from using appropriated funds to acquire the lands. (b) Purposes.--The purposes of the Act are-- (1) to authorize the Secretary of the Interior to use appropriated funds if necessary, in addition to other acquisition methods, to acquire from willing sellers Fern Lake and its surrounding watershed, in order to protect scenic and natural resources and enhance recreational opportunities at Cumberland Gap National Historical Park; and (2) to allow the continued supply of water from Fern Lake to the city of Middlesboro, Kentucky, and environs. SEC. 3. LAND ACQUISITION, FERN LAKE, CUMBERLAND GAP NATIONAL HISTORICAL PARK. (a) Definitions.--In this section: (1) Fern lake.--The term ``Fern Lake'' means Fern Lake located in Bell County, Kentucky, and Claiborne County, Tennessee. (2) Land.--The term ``land'' means land, water, interests in land, and any improvements on the land. (3) Park.--The term ``park'' means Cumberland Gap National Historical Park, as authorized and established by the Act of June 11, 1940 (54 Stat. 262; 16 U.S.C. 261 et seq.). (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior, acting through the Director of the National Park Service. (b) Acquisition Authorized.--The Secretary may acquire for addition to the park lands consisting of approximately 4,500 acres and containing Fern Lake and its surrounding watershed, as generally depicted on the map entitled ``Cumberland Gap National Historical Park, Fern Lake Watershed'', numbered 380/80,004, and dated May 2001. The map shall be on file in the appropriate offices of the National Park Service. (c) Authorized Acquisition Methods.-- (1) In general.--Notwithstanding the Act of June 11, 1940 (16 U.S.C. 261 et seq.), the Secretary may acquire lands described in subsection (b) by donation, purchase with donated or appropriated funds, or exchange. However, the lands may be acquired only with the consent of the owner. (2) Easements.--At the discretion of the Secretary, the Secretary may acquire land described in subsection (b) that is subject to an easement for water supply facilities and equipment associated with the withdrawal and delivery of water by a utility from Fern Lake to the city of Middlesboro, Kentucky, and environs. (d) Boundary Adjustment and Administration.--Upon the acquisition of land under this section, the Secretary shall revise the boundaries of the park to include the land in the park. Subject to subsection (e), the Secretary shall administer the acquired lands as part of the park in accordance with the laws and regulations applicable to the park. (e) Special Issues Related to Fern Lake.-- (1) Protection of water supply.--The Secretary shall manage public recreational use of Fern Lake, if acquired by the Secretary, in a manner that is consistent with the protection of the lake as a source of untreated water for the city of Middlesboro, Kentucky, and environs. (2) Sale of water.-- (A) Contract with utility.--Upon the Secretary's acquisition of land that includes Fern Lake, the Secretary shall enter into a contract to sell untreated water from the lake to a utility that delivers and distributes water to the city of Middlesboro, Kentucky, and environs. The Secretary shall ensure that the terms and conditions of the contract are equitable, ensuring a balance between the protection of park resources and the delivery and distribution of sufficient water to continue meeting the water demands of the city of Middlesboro, Kentucky, and environs. (B) Proceeds from water.--The Secretary shall negotiate a reasonable return to the United States for the sale of the water, which the Secretary may receive in the form of reduced charges for water service. Proceeds from the sale of the water, reduced by any offsets for water service to the park, shall be available for expenditure by the Secretary at the park without further appropriation. (f) Consultation Requirements.--In order to better manage Fern Lake and its surrounding watershed, if acquired by the Secretary, in a manner that will facilitate the provision of water for municipal needs as well as the establishment and promotion of new recreational opportunities made possible by the addition of Fern Lake to the park, the Secretary shall consult with-- (1) appropriate officials in the States of Kentucky, Tennessee, and Virginia, and political subdivisions of these States; (2) organizations involved in promoting tourism in these States; and (3) other interested parties. Passed the House of Representatives December 5, 2001. Attest: JEFF TRANDAHL, Clerk.

Fern Lake Conservation and Recreation Act of 2001 - Authorizes the Secretary of the Interior, acting through the Director of the National Park Service, to acquire by donation, purchase, or exchange (but only from a willing seller), specified lands which contain Fern Lake and its surrounding watershed located in Bell County, Kentucky, and Claiborne County, Tennessee. Authorizes the Secretary to acquire any such land subject to an easement for water supply facilities and equipment associated with the withdrawal and delivery of water by a utility from Fern Lake to Middlesboro, Kentucky, and environs.Directs the Secretary to: (1) revise the boundaries of the Cumberland Gap National Historical Park to include such acquired land; (2) protect the lake as a source of untreated water; (3) contract to sell the untreated water to a utility that delivers water to Middlesboro, Kentucky, and environs; and (4) use water sale proceeds (after reductions for park water service offsets) for expenditure at the park, without further appropriation. Requires the utility contract to ensure an equitable balance between protecting the park and providing sufficient water.Requires the Secretary to consult with the appropriate State (Kentucky, Tennessee, and Virginia) officials and tourism organizations.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Capital Construction Fund Penalty Relief Act''. SEC. 2. ELECTION TO TERMINATE CERTAIN CAPITAL CONSTRUCTION FUNDS. (a) Amendments to Chapter 535 of Title 46, United States Code.-- (1) In general.--Chapter 535 of title 46, United States Code, is amended by adding at the end the following new section: ``Sec. 53518. Election to terminate ``(a) In General.-- ``(1) Election.--Any person who has entered into an agreement under this chapter with respect to a vessel operated in the fisheries of the United States may make an election under this paragraph to terminate the capital construction fund established under such agreement. ``(2) Effect of election on individuals.--In the case of an individual who makes an election under paragraph (1) with respect to a capital construction fund-- ``(A) any amount remaining in such capital construction fund on the date of such election shall be distributed to such individual as a nonqualified withdrawal, except that-- ``(i) in computing the tax on such withdrawal, except as provided in paragraph (4), subsections (c)(3)(B) and (f) of section 53511 shall not apply; and ``(ii) the taxpayer may elect to average the income from such withdrawal as provided in subsection (b); and ``(B) such individual shall not be eligible to enter into, directly or indirectly, any future agreement to establish a capital construction fund under this chapter with respect to a vessel operated in the fisheries of the United States. ``(3) Effect of election for entities.-- ``(A) In general.--In the case of a person (other than an individual) who makes an election under paragraph (1)-- ``(i) the total amount in the capital construction fund on the date of such election shall be distributed to the shareholders, partners, or members of such person in accordance with the terms of the instruments setting forth the ownership interests of such shareholders, partners, or members; ``(ii) each shareholder, partner, or member shall be treated as having established a special temporary capital construction fund and having deposited amounts received in the distribution into such special temporary capital construction fund; ``(iii) no gain or loss shall be recognized with respect to such distribution; ``(iv) the basis of any shareholder, partner, or member in the person shall not be reduced as a result of such distribution; ``(v) any amounts not distributed pursuant to clause (i) shall be distributed in a nonqualified withdrawal; and ``(vi) such person shall not be eligible to enter into, directly or indirectly, any future agreement to establish a capital construction fund under this chapter with respect to a vessel operated in the fisheries of the United States. ``(B) Special temporary capital construction funds.--For purposes of this chapter, a special temporary capital construction fund shall be treated in the same manner as a capital construction fund established under section 53503, except that the following rules shall apply: ``(i) A special temporary capital construction fund shall be established without regard to any agreement under section 53503 and without regard to any eligible or qualified vessel. ``(ii) Section 53505 shall not apply and no amounts may be deposited into a special temporary capital construction fund other than amounts received pursuant to a distribution described in subparagraph (A)(i). ``(iii) In the case of any amounts distributed from a special temporary capital construction fund directly to a capital construction fund of the taxpayer established under section 53505-- ``(I) no gain or loss shall be recognized; ``(II) the limitation under section 53505 shall not apply with respect to any amount so transferred; ``(III) such amounts shall not reduce taxable income under section 53507(a)(1); and ``(IV) for purposes of section 53511(e), such amounts shall be treated as deposited in the capital construction fund on the date that such funds were deposited in the capital construction fund with respect to which the election under paragraph (1) was made. ``(iv) In the case of any amounts distributed from a special temporary capital construction fund pursuant to an election under paragraph (1), clauses (i) and (ii) of paragraph (2)(A) shall not apply to so much of such amounts as are attributable to earnings accrued after the date of the establishment of such special temporary capital construction fund. ``(v) Any amount not distributed from a special temporary capital construction fund before the due date of the tax return (including extension) for the last taxable year of the individual ending before January 1, 2019, shall be treated as distributed to the taxpayer on the day before such due date as if an election under paragraph (1) were made by the taxpayer on such day. ``(C) Regulations.--The joint regulations shall provide rules for-- ``(i) assigning the amounts received by the shareholders, partners, or members in a distribution described in subparagraph (A)(i) to the accounts described in section 53508(a) in special temporary capital construction funds; and ``(ii) preventing the abuse of the purposes of this section. ``(4) Tax benefit rule.--Rules similar to the rules under section 53511(f)(3) shall apply for purposes of determining tax liability on any nonqualified withdrawal under paragraph (2)(A), (3)(A)(v), or (3)(B)(v). ``(5) Election.--Any election under paragraph (1)-- ``(A) may only be made-- ``(i) by a person who maintains a capital construction fund with respect to a vessel operated in the fisheries of the United States on the date of the enactment of this section; or ``(ii) by a person who maintains a capital construction fund which was established pursuant to paragraph (3)(A)(ii) as a result of an election made by an entity in which such person was a shareholder, partner, or member; ``(B) shall be made not later than the due date of the tax return (including extensions) for the person's last taxable year ending on or before December 31, 2018; and ``(C) shall apply to all amounts in the capital construction fund with respect to which the election is made. ``(b) Election to Average Income.--At the election of an individual who has received a distribution described in subsection (a), for purposes of section 1301 of the Internal Revenue Code of 1986-- ``(1) such individual shall be treated as engaged in a fishing business, and ``(2) such distribution shall be treated as income attributable to a fishing business for such taxable year.''. (2) Conforming amendments.-- (A) Section 53511 of title 46, United States Code, is amended by striking ``section 53513'' and inserting ``sections 53513 and 53518''. (B) The table of sections for chapter 535 of title 46, United States Code, is amended by inserting after the item relating to section 53517 the following new item: ``53518. Election to terminate.''. (b) Amendments to the Internal Revenue Code of 1986.-- (1) In general.--Section 7518 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(j) Election To Terminate Capital Construction Funds.-- ``(1) In general.--Any person who has entered into an agreement under chapter 535 of title 46 of the United States Code, with respect to a vessel operated in the fisheries of the United States may make an election under this paragraph to terminate the capital construction fund established under such agreement. ``(2) Effect of election on individuals.--In the case of an individual who makes an election under paragraph (1) with respect to a capital construction fund, any amount remaining in such capital construction fund on the date of such election shall be distributed to such individual as a nonqualified withdrawal, except that-- ``(A) in computing the tax on such withdrawal, except as provided in paragraph (4), paragraphs (3)(C)(ii) and (6) of subsection (g) shall not apply, and ``(B) the taxpayer may elect to average the income from such withdrawal as provided in paragraph (6). ``(3) Effect of election for entities.-- ``(A) In general.--In the case of a person (other than an individual) who makes an election under paragraph (1)-- ``(i) the total amount in the capital construction fund on the date of such election shall be distributed to the shareholders, partners, or members of such person in accordance with the terms of the instruments setting forth the ownership interests of such shareholders, partners, or members, ``(ii) each shareholder, partner, or member shall be treated as having established a special temporary capital construction fund and having deposited amounts received in the distribution into such special temporary capital construction fund, ``(iii) no gain or loss shall be recognized with respect to such distribution, ``(iv) the basis of any shareholder, partner, or member in the person shall not be reduced as a result of such distribution, and ``(v) any amounts not distributed pursuant to clause (i) shall be distributed as a nonqualified withdrawal. ``(B) Special temporary capital construction funds.--For purposes of this section, a special temporary capital construction fund shall be treated in the same manner as a capital construction fund established under section 53503 of title 46, United States Code, except that the following rules shall apply: ``(i) Subsection (a) shall not apply and no amounts may be deposited into a special temporary capital construction fund other than amounts received pursuant to a distribution described in subparagraph (A)(i). ``(ii) In the case of any amounts distributed from a special temporary capital construction fund directly to a capital construction fund of the taxpayer established under section 53505 of title 46, United States Code-- ``(I) no gain or loss shall be recognized; ``(II) the limitation under subsection (a) shall not apply with respect to any amount so transferred; ``(III) such amounts shall not reduce taxable income under subsection (c)(1)(A); and ``(IV) for purposes of subsection (g)(5), such amounts shall be treated as deposited in the capital construction fund on the date that such funds were deposited in the capital construction fund with respect to which the election under paragraph (1) was made. ``(iii) In the case of any amounts distributed from a special temporary capital construction fund pursuant to an election under paragraph (1), subparagraphs (A) and (B) of paragraph (2) shall not apply to so much of such amounts as are attributable to earnings accrued after the date of the establishment of such special temporary capital construction fund. ``(iv) Any amount not distributed from a special temporary capital construction fund before the due date of the tax return (including extension) for the last taxable year of the individual ending before January 1, 2019, shall be treated as distributed to the taxpayer on the day before such due date as if an election under paragraph (1) were made by the taxpayer on such day. ``(C) Regulations.--The joint regulations shall provide rules for-- ``(i) assigning the amounts received by the shareholders, partners, or members in a distribution described in subparagraph (A)(i) to the accounts described in subsection (d)(1) in special temporary capital construction funds; and ``(ii) preventing the abuse of the purposes of this section. ``(4) Tax benefit rule.--Rules similar to the rules under subsection (g)(6)(B) shall apply for purposes of determining tax liability on any nonqualified withdrawal under paragraph (2), (3)(A)(v), or (3)(B)(iv). ``(5) Election.--Any election under paragraph (1)-- ``(A) may only be made-- ``(i) by a person who maintains a capital construction fund with respect to a vessel operated in the fisheries of the United States on the date of the enactment of this subsection, or ``(ii) by a person who maintains a capital construction fund which was established pursuant to subparagraph (3)(A)(ii) as a result of an election made by an entity in which such person was a shareholder, partner, or member, ``(B) shall be made not later than the due date of the tax return (including extensions) for the person's last taxable year ending on or before December 31, 2018, and ``(C) shall apply to all amounts in the capital construction fund with respect to which the election is made. ``(6) Election to average income.--At the election of an individual who has received a distribution described in paragraph (2), for purposes of section 1301-- ``(A) such individual shall be treated as engaged in a fishing business, and ``(B) such distribution shall be treated as income attributable to a fishing business for such taxable year.''. (2) Conforming amendment.--Section 7518(g)(1) of such Code is amended by striking ``subsection (h)'' and inserting ``subsections (h) and (j)''.

Capital Construction Fund Penalty Relief Act - Permits any person who entered into a capital construction fund agreement (an agreement to provide replacement vessels, additional vessels, or reconstructed vessels) with respect to certain vessels operated in the fisheries of the United States to make an election to terminate the capital construction fund established under such agreement. Amends the Internal Revenue Code to prescribe requirements regarding the effect of such an election, including the distribution and taxation of such funds, on individuals and entities.

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SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Strengthening America's Security Act of 2005''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Border enforcement studies. Sec. 3. Necessary assets for controlling United States borders. Sec. 4. Document fraud detection. Sec. 5. Report. Sec. 6. Biometric entry-exit system. Sec. 7. Expedited removal between ports of entry. Sec. 8. Cancellation of visas. Sec. 9. Release of aliens from noncontiguous countries. Sec. 10. Reducing illegal immigration and alien smuggling on tribal lands. Sec. 11. Detention space and removal capacity. Sec. 12. Increased criminal penalties for alien smuggling, document fraud, gang violence, and drug trafficking. Sec. 13. Removal of aliens. Sec. 14. Additional immigration personnel. Sec. 15. Automated alien records. Sec. 16. Increase of Federal detention space. Sec. 17. State Criminal Alien Assistance Program. Sec. 18. Construction. Sec. 19. State defined. SEC. 2. BORDER ENFORCEMENT STUDIES. (a) Subterranean Entry.-- (1) Study.--The Secretary of Homeland Security and the head of the United States Army Corps of Engineers shall carry out a joint study on methods to prevent aliens from illegally entering the United States through subterranean tunnels along the international border between the United States and Mexico and the cost, utility, and effectiveness of employing such methods for border security. (2) Report.--Not later than 180 days after the date of enactment of this Act, the Secretary of Homeland Security and the head of the United States Army Corps of Engineers shall submit to Congress the results of the study required by paragraph (1). (b) Barriers for Land Crossings.-- (1) Study.--The Secretary of Homeland Security shall carry out a study of the feasibility and effectiveness of completing primary and secondary fences along the international border between the United States and Mexico and the cost and utility of employing such fences for border security. (2) Report.--Not later than 180 days after the date of enactment of this Act, the Secretary of Homeland Security shall submit to Congress the results of the study required by paragraph (1). SEC. 3. NECESSARY ASSETS FOR CONTROLLING UNITED STATES BORDERS. (a) Personnel.-- (1) Customs and border protection officers.--In each of the fiscal years 2006 through 2010, the Secretary of Homeland Security shall increase by not less than 250 the number of positions for full-time active duty Customs and Border Protection officers. (2) Authorization of appropriations.-- (A) Customs and border protection officers.--There are authorized to be appropriated such sums as may be necessary for each of fiscal years 2006 through 2010 to carry out paragraph (1). (B) Border patrol agents.--There are authorized to be appropriated such sums as may be necessary for each of fiscal years 2006 through 2010 to carry out section 5202 of the Intelligence Reform and Terrorism Prevention Act of 2004 (118 Stat. 3734). (C) Transportation of aliens.--There are authorized to be appropriated such sums as may be necessary for each of fiscal years 2006 through 2010 for the transportation of aliens. (b) Technological Assets.-- (1) Acquisition.--The Secretary of Homeland Security shall procure unmanned aerial vehicles, cameras, poles, sensors, and other technologies necessary to achieve operational control of the borders of the United States. (2) Authorization of appropriations.--There are authorized to be appropriated such sums as may be necessary for each of fiscal years 2006 through 2010 to carry out paragraph (1). (c) Infrastructure.-- (1) Construction of border control facilities.--The Secretary of Homeland Security shall construct all-weather roads and shall acquire vehicle barriers and necessary facilities to support its mission of achieving operational control of the borders of the United States. (2) Authorization of appropriations.--There are authorized to be appropriated such sums as may be necessary for each of fiscal years 2006 through 2010 to carry out paragraph (1). (d) Border Patrol Checkpoints.--Temporary or permanent checkpoints may be maintained on roadways in border patrol sectors within 100 miles of the border between the United States and Mexico. SEC. 4. DOCUMENT FRAUD DETECTION. (a) Training.--The Secretary of Homeland Security shall provide all customs and border protection officers with training in identifying and detecting fraudulent travel documents. Such training shall be developed in consultation with the Forensic Document Laboratory of Immigration and Customs Enforcement. (b) Forensic Document Laboratory.--The Secretary of Homeland Security shall provide all customs and border protection officers with access to the Forensic Document Laboratory. (c) Report and Assessment.-- (1) Report.--Not later than 1 year after the effective date of this Act, and annually through 2010, the Secretary of Homeland Security shall submit a report to the Office of the Inspector General regarding the accuracy and reliability of the Forensic Document Laboratory in identifying and detecting fraudulent documents. (2) Assessment.--The Office of Inspector General shall conduct an independent assessment of the accuracy and reliability of the Forensic Document Library and submit a report to Congress on the results of such assessment. (d) Right to Appellate Review.-- (1) Establishment of appellate review board.--There is established, within Immigration and Customs Enforcement Identity and Benefits Fraud Branch of the Department of Homeland Security, the Fraud Appellate Review Board, which shall be authorized to review determinations by the Forensic Document Laboratory that a certain document is fraudulent. (2) Right to appeal.--Any alien against whom a negative determination is made by the Forensic Document Laboratory regarding the authenticity of a document may appeal such determination to the Fraud Appellate Review Board for an independent determination of the findings of the Forensic Document Laboratory. (e) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary for each of fiscal years 2006 through 2010 to carry out this section. SEC. 5. REPORT. Not later than October 26, 2007, the Secretary of Homeland Security shall submit a report to Congress that describes-- (1) the documents that need to be machine-readable and tamper-resistant and incorporate biometric identifiers; (2) how documents described in paragraph (1) will meet those standards; (3) the locations at which the Department of Homeland Security will install document readers; (4) the estimated costs for creating such documents and installing such readers; and (5) realistic deadlines for issuing machine-readable, tamper-resistant documents that incorporate biometric documents and installing document readers. SEC. 6. BIOMETRIC ENTRY-EXIT SYSTEM. (a) Grounds of Inadmissibility.--Section 212 of the Immigration and Nationality Act (8 U.S.C. 1182) is amended-- (1) in subsection (a)(7), by adding at the end the following: ``(C) Withholders of biometric data.--Any alien who knowingly fails to comply with a lawful request for biometric data under section 215(c) or 235(d) is inadmissible.''; and (2) in subsection (d), by inserting after paragraph (1) the following: ``(2) The Secretary of Homeland Security shall determine whether a ground for inadmissibility exists with respect to an alien described in subparagraph (C) subsection (a)(7) and may waive the application of such subparagraph, for an individual alien or a class of aliens, at the discretion of the Secretary.''. (b) Collection of Biometric Data From Aliens Departing the United States.--Section 215 of the Immigration and Nationality Act (8 U.S.C. 1185) is amended-- (1) by redesignating subsection (c) as subsection (g); and (2) by inserting after subsection (b) the following: ``(c) The Secretary of Homeland Security is authorized to require aliens departing the United States to provide biometric data and other information relating to their immigration status.''. (c) Inspection of Applicants for Admission.--Section 235(d) of the Immigration and Nationality Act (8 U.S.C. 1185(d)) is amended by adding at the end the following: ``(5) Authority to collect biometric data.--In conducting inspections under subsection (b), immigration officers are authorized to collect biometric data from-- ``(A) any applicant for admission or alien seeking to transit through the United States; or ``(B) any lawful permanent resident who is entering the United States, but is not regarded as seeking admission under section 101(a)(13)(C).''. (d) Collection of Biometric Data From Alien Crewman.--Section 252 of the Immigration and Nationality Act (8 U.S.C. 1282) is amended by inserting ``Immigration officers are authorized to collect biometric data from any alien crewman seeking permission to land temporarily in the United States.'' after ``this title.''. (e) Implementation.--Section 7208(l) of the 9/11 Commission Implementation Act of 2004 (8 U.S.C. 1365b(l)) is amended-- (1) by striking ``There are authorized'' and inserting the following: ``(1) In general.--There are authorized''; and (2) by adding at the end the following: ``(2) Implementation at all land border ports of entry.-- There are authorized to be appropriated such sums as may be necessary for each of fiscal years 2006 and 2007 to implement the automated biometric entry and exit data system at all land border ports of entry.''. SEC. 7. EXPEDITED REMOVAL BETWEEN PORTS OF ENTRY. (a) In General.--Section 235 of the Immigration and Nationality Act (8 U.S.C. 1225) is amended-- (1) in subsection (b)(1)(A)(i), by striking ``the officer'' and inserting ``a supervisory officer''; and (2) in subsection (c), by adding at the end the following: ``(4) Expansion.--The Secretary of Homeland Security shall make the expedited removal procedures under this subsection available in all border patrol sectors on the southern border of the United States as soon as operationally possible. ``(5) National security certification.--No alien shall be expeditiously removed until the appropriate Director of Field Operations has certified in writing that expeditious removal of the alien will pose no security risk to the United States. ``(6) Training.--The Secretary of Homeland Security shall provide employees of the Department of Homeland Security with comprehensive training of the procedures authorized under this subsection.''. (b) Authorization of Appropriations.--There are authorized to be appropriated $10,000,000 for each of fiscal years 2006 through 2010 to carry out the amendments made by this section. SEC. 8. CANCELLATION OF VISAS. Section 222(g) of the Immigration and Nationality Act (8 U.S.C. 1202(g)) is amended-- (1) in paragraph (1), by inserting ``and any other nonimmigrant visa issued by the United States that is in the possession of the alien except upon a showing of extraordinary circumstances or in the case of technical violations'' after ``such visa''; and (2) in paragraph (2)(A), by striking ``(other than the visa described in paragraph (1)) issued in a consular office located in the country of the alien's nationality'' and inserting ``(other than a visa described in paragraph (1)) issued in a consular office located in the country of the alien's nationality or foreign residence''. SEC. 9. RELEASE OF ALIENS FROM NONCONTIGUOUS COUNTRIES. (a) Minimum Bond.--Section 236(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1226(a)(2)) is amended-- (1) by striking ``on''; (2) in subparagraph (A)-- (A) by inserting ``except as provided under subparagraph (B), upon the giving of a''; and (B) by striking ``or'' at the end; (3) by redesignating subparagraph (B) as subparagraph (C); and (4) by inserting after subparagraph (A) the following: ``(B) if the alien is a national of a noncontiguous country, has not been admitted or paroled into the United States, and was apprehended within 2 years of admission and within 100 miles of the international border of the United States or presents a flight risk, as determined by the Secretary of Homeland Security, upon the giving of a bond of at least $5,000 with security approved by, and containing conditions prescribed by, the Secretary of Homeland Security or the Attorney General, and subject to review before the Executive Office of Immigration Review; or''. (b) Report.--Not later than 2 years after the effective date of this Act, the Secretary of Homeland Security shall submit a report to Congress on the number of aliens from noncontiguous countries who are apprehended between land border ports of entry. SEC. 10. REDUCING ILLEGAL IMMIGRATION AND ALIEN SMUGGLING ON TRIBAL LANDS. (a) Grants Authorized.--The Secretary of Homeland Security may award grants to Indian tribes with lands adjacent to an international border of the United States that have been adversely affected by illegal immigration. (b) Use of Funds.--Grants awarded under subsection (a) may be used for-- (1) law enforcement activities; (2) health care services; (3) environmental restoration; and (4) the preservation of cultural resources. (c) Report.--Not later than 180 days after the date of enactment of this Act, the Secretary of Homeland Security shall submit a report to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives that-- (1) describes the level of access of Border Patrol agents on tribal lands; (2) describes the extent to which enforcement of immigration laws may be improved by enhanced access to tribal lands; (3) contains a strategy for improving such access through cooperation with tribal authorities; and (4) identifies grants provided by the Department of Homeland Security for Indian tribes, either directly or through State or local grants, relating to border security expenses. (d) Authorization of Appropriations.--There are authorized to be appropriated $10,000,000 for each of fiscal years 2006 through 2010 to carry out this section. SEC. 11. DETENTION SPACE AND REMOVAL CAPACITY. (a) In General.--Section 5204 of the Intelligence Reform and Terrorism Protection Act of 2004 (118 Stat. 3734) is amended-- (1) in subsection (a), by striking ``8,000'' and inserting ``10,000''; and (2) by adding at the end the following: ``(c) Authorization of Appropriations.--In addition to amounts otherwise authorized to be appropriated, there are authorized to be appropriated such sums as may be necessary for each of fiscal years 2006 through 2010 to carry out subsection (a).''. (b) Legal Representation.--No person shall be detained by the Department of Homeland Security in a location that limits the person's reasonable access to legal counsel. Upon active or constructive notice that a person is represented by an attorney, that person shall not be moved without providing the attorney reasonable notice in advance of such move. SEC. 12. INCREASED CRIMINAL PENALTIES FOR ALIEN SMUGGLING, DOCUMENT FRAUD, GANG VIOLENCE, AND DRUG TRAFFICKING. (a) Alien Smuggling.--Section 274(a) of the Immigration and Nationality Act (8 U.S.C. 1324(a)) is amended-- (1) in paragraph (1)(B)-- (A) in clause (i), by striking ``10 years'' and inserting ``15 years''; (B) in clause (ii), by striking ``5 years'' and inserting ``10 years''; and (C) in clause (iii), by striking ``20 years'' and inserting ``40 years''; (2) in paragraph (2)-- (A) in subparagraph (A), by striking ``one year, or both; or'' and inserting ``3 years, or both''; (B) in subparagraph (B)-- (i) in clause (i), by adding at the end the following: ``be fined under title 18, United States Code, and imprisoned not less than 5 years nor more than 25 years;''; (ii) in clause (ii), by striking ``or'' at the end and inserting the following: ``be fined under title 18, United States Code, and imprisoned not less than 3 years nor more than

Strengthening America's Security Act of 2005 - Provides for: (1) increases in funding, personnel, and technology at the federal, state, and local level for immigration and border enforcement and visa security, document integrity, immigration fraud, and detention and removal of illegal aliens; and (2) specified border enforcement studies. Sets forth provisions for the release on bond of certain illegal aliens from noncontiguous countries. Directs the Secretary of Homeland Security to make expedited removal procedures available in all border patrol sectors on the southern U.S. border as soon as operationally possible. Authorizes grants to border-adjacent Indian tribes adversely affected by illegal immigration for law enforcement, health care, environmental restoration, and cultural preservation. Provides for increased detention and federal detention space. Prohibits detention that limits a person's reasonable access to legal counsel. Increases criminal penalties for alien smuggling, document fraud, gang violence, and drug trafficking. Makes an alien inadmissible who: (1) is a member of a street gang; or (2) refuses to comply with a lawful request for biometric data. Continues the institutional removal program (IRP). Establishes in: (1) the Department of Justice an Assistant Attorney General for Immigration Enforcement; and (2) the Immigration and Customs Enforcement Identity and Benefits Fraud Branch of the Department of Homeland Security (DHS) the Fraud Appellate Review Board, which shall review determinations by the Forensic Document Laboratory determinations of fraudulent documents. Provides for federal reimbursement of state and local costs associated with processing illegal aliens through the criminal justice system.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Making Pharmaceutical Markets More Competitive Act''. TITLE I--REMOVING REGULATORY BARRIERS TO COMPETITION SEC. 101. IMPROVING ACCESS TO GENERIC DRUGS. Section 505(j) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)) is amended by adding at the end the following: ``(11)(A) The Secretary shall prioritize the review of, and act within 240 calendar days of the date of the submission of, an original abbreviated new drug application submitted for review under this subsection, or on a supplement to such an application, that is for a drug-- ``(i) for which there are not more than 3 approved drugs listed under paragraph (7), except that the review of an application submitted more than 30 months in advance of the last applicable expiration date for a patent for which a certification under paragraph (2)(A)(vii)(III) has been submitted, or of the expiration date for an applicable period of exclusivity under this Act, will not be expedited; or ``(ii) that has been included on the list under section 506E. ``(B) The Secretary shall require the applicant, not later than 60 days prior to the submission of an application described in subparagraph (A), to provide complete, accurate information regarding facilities involved in manufacturing processes and testing, including facilities in corresponding Type II active pharmaceutical ingredients drug master files submitted with an application and sites or organizations involved in bioequivalence and clinical studies used to support the application, in order to make a determination regarding whether an inspection of an establishment is necessary. ``(C) The Secretary may expedite an inspection or reinspection under section 704 of an establishment that proposes to manufacture a drug described in subparagraph (A). ``(D) Nothing in this paragraph shall prevent the Secretary from prioritizing the review of other applications as the Secretary determines appropriate. ``(12) The Secretary shall provide review status updates to applicants regarding applications under this subsection, as appropriate, including when the application is awaiting final regulatory action by the office charged with review. ``(13) The Secretary shall publish on the Internet website of the Food and Drug Administration a list of all drugs approved under subsection (b) for which all patents and periods of exclusivity under this Act have expired. Such list shall be updated at least once every 180 days.''. SEC. 102. REPORTING ON PENDING GENERIC DRUG APPLICATIONS, PRIORITY REVIEW APPLICATIONS, AND INSPECTIONS. (a) In General.--Not later than 180 calendar days after the date of enactment of this Act, and quarterly thereafter until October 1, 2022, the Secretary of Health and Human Services (referred to in this section as the ``Secretary'') shall post on the Internet website of the Food and Drug Administration a report that provides-- (1) the number of applications filed under section 505(j) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)) awaiting action by the applicant, including such applications that were filed prior to October 1, 2014; (2) the number of applications filed under section 505(j) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)) awaiting action by the Secretary, including such applications that were filed prior to October 1, 2014; (3) the number of applications filed under section 505(j) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)) and prior approval supplements withdrawn in each month covered by the report; (4) the mean and median approval and tentative approval times for applications covered by the report; (5) the number of applications described in paragraphs (1), (2), and (3) that are subject to priority review; and (6) the number of such applications on which the Secretary has taken action pursuant to section 506H(b) of the Federal Food, Drug, and Cosmetic Act, as added by section 101. (b) Annual Report on Priority Review Applications.-- (1) In general.--The Secretary shall submit to the Committee on Health, Education, Labor, and Pensions and the Special Committee on Aging of the Senate and the Committee on Energy and Commerce of the House of Representatives an annual report, not later than March 31 of each year, on the following: (A) The number of applications filed under section 505(j) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)) that are subject to priority review during the most recent calendar year and are awaiting action by the applicant. (B) The number of applications filed under section 505(j) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)) that are subject to priority review during the most recent calendar year and are awaiting action by the Secretary. (C) The number of applications filed under section 505(j) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)) that are subject to priority review during the most recent calendar year and have been approved by the Secretary. (D) For each of subparagraphs (A) through (C), the number of such applications-- (i) for which there are not more than 3 approved drugs listed under section 505(j)(7) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)(7)); and (ii) the number of such applications that are for a drug on the drug shortage list under section 506E of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 356e). (c) Annual Report on Inspections.--Not later than March 1 of each year, the Secretary shall post on the Internet website of the Food and Drug Administration-- (1) the average and median amount of time, following a request by staff of the Food and Drug Administration reviewing an application or report submitted under an applicable section described in subparagraph (A), (B), or (C), to schedule and complete inspections of facilities necessary for-- (A) approval of a drug under section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355); (B) approval of a device under section 515 of such Act (21 U.S.C. 360e); and (C) clearance of a device under section 510(k) of such Act (21 U.S.C. 360(k)); and (2) the average and median amount of time to schedule and complete for-cause inspections of facilities of drugs and devices. TITLE II--INCENTIVIZING COMPETITION SEC. 201. EXPEDITING GENERIC COMPETITION. Chapter V of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 351 et seq.) is amended by inserting after section 506G the following: ``SEC. 506H. EXPEDITING GENERIC DRUG DEVELOPMENT. ``(a) In General.--The Secretary shall, at the request of an applicant, expedite the development and review of an application under subsection (j) of section 505 for a drug-- ``(1) for which there are not more than 3 approved drug products listed under section 505(j)(7); or ``(2) that is included on the list under section 506E. ``(b) Request From Sponsors.--A request to expedite the development and review of an application under subsection (a) shall be submitted by the applicant prior to the submission of such application. ``(c) Other Applications.--Nothing in this section shall prevent the Secretary from expediting the development and review of other applications as the Secretary determines appropriate. ``(d) Additional Communication.--The Secretary shall take such actions as are appropriate to expedite the development and review of the application for approval of a drug described in subsection (a), including, as appropriate-- ``(1) holding meetings with the sponsor and the review team throughout the development of the drug prior to submission of the application; ``(2) providing timely advice to, and interactive communication with, the sponsor regarding the development of the application to ensure that the collection of nonclinical and clinical data necessary for approval is as efficient as practicable; ``(3) in the case of a complex product, assigning a cross- disciplinary project lead for the review team to facilitate an efficient review of the development program and application, including manufacturing inspections; and ``(4) in the case of a complex product, including drug- device combinations, involving senior managers and experienced review staff, as appropriate, in a collaborative, cross- disciplinary review. ``(e) Reporting Requirement.--A sponsor of a drug expedited under this section shall report to the Secretary, one year following approval of an application under section 505(j), on whether the approved drug has been marketed in interstate commerce since approval.''. SEC. 202. LIST OF GENERIC DRUGS WITH LIMITED COMPETITION. Chapter V of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 351 et seq.) is amended by inserting after section 506H, as added by section 201, the following: ``SEC. 506I. DRUG LISTING. ``(a) Removal, Withdrawal, or Transfer.--The holder of an application approved under subsection (b) or (j) of section 505 shall notify the Secretary within 180 days of removing the drug that is the subject of such application from interstate commerce, withdrawing such approved application, or transferring such approved application, and a reason for such removal, withdrawal, or transfer. If compliance with this subsection within such 180-day period is not practicable, then the holder shall comply as soon as practicable. The Secretary shall cross- reference information listed pursuant to section 506C where applicable to avoid duplicative reporting. Notification to the Secretary by a manufacturer in accordance with section 506C(a) shall be deemed to be compliance with this section. ``(b) Drugs With Limited Competition.-- ``(1) Information.--The Secretary shall-- ``(A) maintain information with respect to applications approved under section 505(j); and ``(B) publish on the Internet website of the Food and Drug Administration such information under subparagraph (A) with respect to drugs for which there are three or fewer application holders; and ``(C) update the information published pursuant to subparagraph (B) every 180 days. ``(2) Contents.--The public information maintained and published under paragraph (1)(B) shall include-- ``(A) the name of the drug, name of the holder of the approved application, and the marketing status for each drug; and ``(B) an indication of whether the Secretary considers the drug to be for the treatment or prevention of a serious disease or medical condition, for which there is no alternative drug that is judged by medical professionals to be an adequate substitute available in adequate supply. ``(c) Public Health Exception.--The Secretary may choose not to make information collected under this section publicly available if the Secretary determines that disclosure of such information would adversely affect the public health. ``(d) Notification.--When the Secretary first publishes the information under subsection (b), the Secretary shall notify relevant Federal agencies, including the Centers for Medicare & Medicaid Services and the Federal Trade Commission, that the information has been published and will be updated regularly.''. SEC. 203. SUITABILITY PETITIONS. (a) In General.--It is the sense of the Senate that the Food and Drug Administration shall meet the requirement under section 505(j)(2)(C) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)(5)(C)) and section 314.93(e) of title 21, Code of Federal Regulations, of responding to suitability petitions within 90 days of submission. (b) Report.--The Secretary of Health and Human Services shall include in the annual reports under section 102(b)-- (1) the number of pending petitions under section 505(j)(2)(C) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)(5)(C)); and (2) the number of such petitions pending a substantive response for more than 180 days from the date of receipt. SEC. 204. INSPECTIONS. Section 505(j) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)), as amended by section 101, is further amended by adding at the end the following: ``(14) If the Secretary issues feedback pursuant to section 704(b)(2) with respect to information submitted in response to a report under section 704(b)(1), and a report that was issued under section 704(b)(1) is the only obstacle to approval of an application under this subsection or the Secretary determines that the public health benefit of approving an application under this subsection outweighs any risk to public health, the Secretary shall, within 45 days of notification by the applicant that necessary changes have been made to the establishment to address any findings or deficiencies identified previously by the Secretary-- ``(A) re-inspect the establishment with respect to which the report was issued; or ``(B) make a determination regarding the response to such report and review of such application.''.

Making Pharmaceutical Markets More Competitive Act This bill amends the Federal Food, Drug, and Cosmetic Act to require the Food and Drug Administration (FDA) to prioritize the review of generic drug applications and supplements with respect to drugs that are in a shortage or for which there are not more than three approved drugs. The holder of an approved drug application must notify the FDA within 180 days of withdrawing or transferring the application or withdrawing the drug from sale. The FDA must maintain a list of generic drugs with three or fewer holders of approved applications.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Caroline Pryce Walker Conquer Childhood Cancer Act of 2008''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Cancer kills more children than any other disease. (2) Each year cancer kills more children between 1 and 20 years of age than asthma, diabetes, cystic fibrosis, and AIDS, combined. (3) Every year, over 12,500 young people are diagnosed with cancer. (4) Each year about 2,300 children and teenagers die from cancer. (5) One in every 330 Americans develops cancer before age 20. (6) Some forms of childhood cancer have proven to be so resistant that even in spite of the great research strides made, most of those children die. Up to 75 percent of the children with cancer can now be cured. (7) The causes of most childhood cancers are not yet known. (8) Childhood cancers are mostly those of the white blood cells (leukemias), brain, bone, the lymphatic system, and tumors of the muscles, kidneys, and nervous system. Each of these behaves differently, but all are characterized by an uncontrolled proliferation of abnormal cells. (9) Eighty percent of the children who are diagnosed with cancer have disease which has already spread to distant sites in the body. (10) Ninety percent of children with a form of pediatric cancer are treated at one of the more than 200 Children's Oncology Group member institutions throughout the United States. SEC. 3. PURPOSES. It is the purpose of this Act to authorize appropriations to-- (1) encourage the support for pediatric cancer research and other activities related to pediatric cancer; (2) establish a comprehensive national childhood cancer registry; and (3) provide informational services to patients and families affected by childhood cancer. SEC. 4. PEDIATRIC CANCER RESEARCH AND AWARENESS; NATIONAL CHILDHOOD CANCER REGISTRY. (a) Pediatric Cancer Research and Awareness.--Subpart 1 of part C of title IV of the Public Health Service Act (42 U.S.C. 285 et seq.) is amended by adding at the end the following: ``SEC. 417E. PEDIATRIC CANCER RESEARCH AND AWARENESS. ``(a) Pediatric Cancer Research.-- ``(1) Programs of research excellence in pediatric cancer.--The Secretary, in collaboration with the Director of NIH and other Federal agencies with interest in prevention and treatment of pediatric cancer, shall continue to enhance, expand, and intensify pediatric cancer research and other activities related to pediatric cancer, including therapeutically applicable research to generate effective treatments, pediatric preclinical testing, and pediatric clinical trials through National Cancer Institute-supported pediatric cancer clinical trial groups and their member institutions. In enhancing, expanding, and intensifying such research and other activities, the Secretary is encouraged to take into consideration the application of such research and other activities for minority, health disparity, and medically underserved communities. For purposes of this section, the term `pediatric cancer research' means research on the causes, prevention, diagnosis, recognition, treatment, and long-term effects of pediatric cancer. ``(2) Peer review requirements.--All grants awarded under this subsection shall be awarded in accordance with section 492. ``(b) Public Awareness of Pediatric Cancers and Available Treatments and Research.-- ``(1) In general.--The Secretary may award grants to childhood cancer professional and direct service organizations for the expansion and widespread implementation of-- ``(A) activities that provide available information on treatment protocols to ensure early access to the best available therapies and clinical trials for pediatric cancers; ``(B) activities that provide available information on the late effects of pediatric cancer treatment to ensure access to necessary long-term medical and psychological care; and ``(C) direct resource services such as educational outreach for parents, peer-to-peer and parent-to-parent support networks, information on school re-entry and postsecondary education, and resource directories or referral services for financial assistance, psychological counseling, and other support services. In awarding grants under this paragraph, the Secretary is encouraged to take into consideration the extent to which an entity would use such grant for purposes of making activities and services described in this paragraph available to minority, health disparity, and medically underserved communities. ``(2) Performance measurement, transparency, and accountability.--For each grant awarded under this subsection, the Secretary shall develop and implement metrics-based performance measures to assess the effectiveness of activities funded under such grant. ``(3) Informational requirements.--Any information made available pursuant to a grant awarded under paragraph (1) shall be-- ``(A) culturally and linguistically appropriate as needed by patients and families affected by childhood cancer; and ``(B) approved by the Secretary. ``(c) Rule of Construction.--Nothing in this section shall be construed as being inconsistent with the goals and purposes of the Minority Health and Health Disparities Research and Education Act of 2000 (42 U.S.C. 202 note). ``(d) Authorization of Appropriations.--For purposes of carrying out this section and section 399E-1, there are authorized to be appropriated $30,000,000 for each of fiscal years 2009 through 2013. Such authorization of appropriations is in addition to the authorization of appropriations established in section 402A with respect to such purpose. Funds appropriated under this subsection shall remain available until expended.''. (b) National Childhood Cancer Registry.--Part M of title III of the Public Health Service Act (42 U.S.C. 280e et seq.) is amended-- (1) by inserting after section 399E the following: ``SEC. 399E-1. NATIONAL CHILDHOOD CANCER REGISTRY. ``(a) In General.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall award a grant to enhance and expand infrastructure to track the epidemiology of pediatric cancer into a comprehensive nationwide registry of actual occurrences of pediatric cancer. Such registry shall be updated to include an actual occurrence within weeks of the date of such occurrence. ``(b) Informed Consent and Privacy Requirements and Coordination With Existing Programs.--The registry established pursuant to subsection (a) shall be subject to section 552a of title 5, United States Code, the regulations promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996, applicable Federal and State informed consent regulations, any other applicable Federal and State laws relating to the privacy of patient information, and section 399B(d)(4) of this Act.''; and (2) in section 399F(a), by inserting ``(other than section 399E-1)'' after ``this part''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Caroline Pryce Walker Conquer Childhood Cancer Act of 2008 - (Sec. 4) Amends the Public Health Service Act to require the Secretary of Health and Human Services to continue to enhance, expand, and intensify pediatric cancer research and other activities related to pediatric cancer, including therapeutically applicable research to generate effective treatments, pediatric preclinical testing, and pediatric clinical trials through National Cancer Institute-supported pediatric cancer clinical trials groups and their member institutions. Encourages the Secretary to take into consideration the application of such research and other activities for minority, health disparity, and medically underserved communities. Authorizes the Secretary to award grants to childhood cancer professional and direct service organizations for the expansion and widespread implementation of: (1) activities that provide information on treatment protocols to ensure early access to the best available therapies and clinical trials for pediatric cancers; (2) activities that provide available information on the late effects of pediatric cancer treatment to ensure access to necessary long-term medical and psychological care; and (3) direct resource services such as educational outreach for parents, information on school reentry and postsecondary education, and resource directories or referral services for financial assistance, psychological counseling, and other support services. Encourages the Secretary to take into consideration the extent to which an entity would use such grant for purposes of making activities and services available to minority, health disparity, and medically underserved communities. Requires the Secretary to develop and implement metrics-based performance measures to assess the effectiveness of activities funded under such grants. Requires any information made available pursuant to a grant to be: (1) culturally and linguistically appropriate as needed by patients and families affected by childhood cancer; and (2) approved by the Secretary. Authorizes appropriations for FY2009-FY2013. Requires the Secretary, acting through the Director of the Centers for Disease Control and Prevention (CDC), to award a grant to enhance and expand infrastructure to track the epidemiology of pediatric cancer into a comprehensive nationwide registry of actual occurrences of pediatric cancer. Requires such registry to be updated to include an actual occurrence within weeks of the date of such occurrence. Subjects such registry to federal laws regarding records maintained on individuals, health information privacy regulations, informed consent regulations, and any other federal laws relating to the privacy of patient information.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Environmental Justice Act of 2008''. SEC. 2. CODIFICATION OF EXECUTIVE ORDER 12898. (a) In General.--The President of the United States is authorized and directed to execute, administer and enforce as a matter of Federal law the provisions of Executive Order 12898, dated February 11, 1994, (``Federal Actions To Address Environmental Justice In Minority Populations and Low-Income Populations'') with such modifications as are provided in this section. (b) Definition of Environmental Justice.--For purposes of carrying out the provisions of Executive Order 12898, the following definitions shall apply: (1) The term ``environmental justice'' means the fair treatment and meaningful involvement of all people regardless of race, color, national origin, educational level, or income with respect to the development, implementation, and enforcement of environmental laws and regulations in order to ensure that-- (A) minority and low-income communities have access to public information relating to human health and environmental planning, regulations and enforcement; and (B) no minority or low-income population is forced to shoulder a disproportionate burden of the negative human health and environmental impacts of pollution or other environmental hazard. (2) The term ``fair treatment'' means policies and practices that ensure that no group of people, including racial, ethnic, or socioeconomic groups bear disproportionately high and adverse human health or environmental effects resulting from Federal agency programs, policies, and activities. (c) Judicial Review and Rights of Action.--The provisions of section 6-609 of Executive Order 12898 shall not apply for purposes of this Act. SEC. 3. IMPLEMENTATION OF RECOMMENDATIONS BY ENVIRONMENTAL PROTECTION AGENCY. (a) Inspector General Recommendations.--The Administrator of the Environmental Protection Agency shall, as promptly as practicable, carry out each of the following recommendations of the Inspector General of the agency as set forth in report # 2006-P-00034 entitled ``EPA needs to conduct environmental justice reviews of its programs, policies and activities'': (1) The recommendation that the agency's program and regional offices identify which programs, policies, and activities need environmental justice reviews and require these offices to establish a plan to complete the necessary reviews. (2) The recommendation that the Administrator of the agency ensure that these reviews determine whether the programs, policies, and activities may have a disproportionately high and adverse health or environmental impact on minority and low- income populations. (3) The recommendation that each program and regional office develop specific environmental justice review guidance for conducting environmental justice reviews. (4) The recommendation that the Administrator designate a responsible office to compile results of environmental justice reviews and recommend appropriate actions. (b) GAO Recommendations.--In developing rules under laws administered by the Environmental Protection Agency, the Administrator of the Agency shall, as promptly as practicable, carry out each of the following recommendations of the Comptroller General of the United States as set forth in GAO Report numbered GAO-05-289 entitled ``EPA Should Devote More Attention to Environmental Justice when Developing Clean Air Rules'': (1) The recommendation that the Administrator ensure that workgroups involved in developing a rule devote attention to environmental justice while drafting and finalizing the rule. (2) The recommendation that the Administrator enhance the ability of such workgroups to identify potential environmental justice issues through such steps as providing workgroup members with guidance and training to helping them identify potential environmental justice problems and involving environmental justice coordinators in the workgroups when appropriate. (3) The recommendation that the Administrator improve assessments of potential environmental justice impacts in economic reviews by identifying the data and developing the modeling techniques needed to assess such impacts. (4) The recommendation that the Administrator direct appropriate agency officers and employees to respond fully when feasible to public comments on environmental justice, including improving the agency's explanation of the basis for its conclusions, together with supporting data. (c) 2004 Inspector General Report.--The Administrator of the Environmental Protection Agency shall, as promptly as practicable, carry out each of the following recommendations of the Inspector General of the agency as set forth in the report entitled ``EPA Needs to Consistently Implement the Intent of the Executive Order on Environmental Justice'' (Report No. 2004-P-00007): (1) The recommendation that the agency clearly define the mission of the Office of Environmental Justice (OEJ) and provide agency staff with an understanding of the roles and responsibilities of the office. (2) The recommendation that the agency establish (through issuing guidance or a policy statement from the Administrator) specific time frames for the development of definitions, goals, and measurements regarding environmental justice and provide the regions and program offices a standard and consistent definition for a minority and low-income community, with instructions on how the agency will implement and operationalize environmental justice into the agency's daily activities. (3) The recommendation that the agency ensure the comprehensive training program currently under development includes standard and consistent definitions of the key environmental justice concepts (such as ``low-income'', ``minority'', and ``disproportionately impacted'') and instructions for implementation of those concepts. (d) Report.--The Administrator shall submit an initial report to Congress within 6 months after the enactment of this Act regarding the Administrator's strategy for implementing the recommendations referred to in subsections (a), (b), and (c). Thereafter, the Administrator shall provide semi-annual reports to Congress regarding his progress in implementing such recommendations as well as his progress on modifying the Administrator's emergency management procedures to incorporate environmental justice in the agency's Incident Command Structure (in accordance with the December 18, 2006, letter from the Deputy Administrator to the Acting Inspector General of the agency).

Environmental Justice Act of 2008 - (Sec. 2) Directs the President to execute, administer, and enforce as a matter of federal law the provisions of Executive Order 12898, dated February 11, 1994, (Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations) with modifications: (1) defining "environmental justice" and "fair treatment"; and (2) providing that the provisions concerning judicial review shall not apply. Defines "environmental justice" to mean the fair treatment and meaningful involvement of all people regardless of race, color, national origin, educational level, or income with respect to the development, implementation, and enforcement of environmental laws and regulations in order to ensure that: (1) minority and low-income communities have access to public information relating to human health and environmental planning, regulations, and enforcement; and (2) no minority or low-income population is forced to shoulder a disproportionate burden of the negative human health and environmental impacts of pollution or other environmental hazard. Defines "fair treatment" to mean policies and practices that ensure that no group of people bear disproportionately high and adverse human health or environmental effects resulting from federal agency programs, policies, and activities. (Sec. 3) Requires the Administrator of the Environmental Protection Agency (EPA) to carry out recommendations set forth in the EPA Inspector General's report number 2006-P-00034, entitled "EPA needs to conduct environmental justice reviews of its programs, policies and activities," including recommendations that: (1) EPA's program and regional offices identify which programs, policies, and activities need environmental justice reviews and require such offices to establish a plan to complete the necessary reviews; (2) the Administrator ensure that these reviews determine whether the programs, policies, and activities may have a disproportionately high and adverse health or environmental impact on minority and low-income populations; (3) each program and regional office develop specific environmental justice review guidance for conducting environmental justice reviews; and (4) the Administrator designate a responsible office to compile results of environmental justice reviews and recommend appropriate actions. (Sec. 4) Requires the Administrator to carry out recommendations of the Comptroller General as set forth in the Government Accountability Office (GAO) report numbered GAO-05-289, entitled "EPA Should Devote More Attention to Environmental Justice when Developing Clean Air Rules," including recommendations that the Administrator: (1) ensure that workgroups involved in developing a rule devote attention to environmental justice; (2) enhance the ability of such workgroups to identify potential environmental justice issues through such steps as providing workgroup members with guidance and training, helping them identify potential environmental justice problems, and involving environmental justice coordinators in the workgroups; (3) improve assessments of potential environmental justice impacts in economic reviews by identifying the data and developing the modeling techniques needed to assess such impacts; and (4) direct appropriate agency officers and employees to respond fully when feasible to public comments on environmental justice, including improving the agency's explanation of the basis for its conclusions. Requires the Administrator to carry out recommendations set forth in the Inspector General's report number 2004-P-00007, entitled "EPA Needs to Consistently Implement the Intent of the Executive Order on Environmental Justice," including recommendations that the agency: (1) clearly define the mission of the Office of Environmental Justice (OEJ) and provide agency staff with an understanding of its roles and responsibilities; (2) establish specific time frames for the development of definitions, goals, and measurements regarding environmental justice and provide the regions and program offices a standard and consistent definition for a minority and low-income community, with instructions on how the agency will implement and operationalize environmental justice into its daily activities; and (3) ensure the comprehensive training program currently under development includes standard definitions of, and instructions for implementing, the key environmental justice concepts. Requires the Administrator to report semiannually to Congress on the implementation of such recommendations as well as on progress in modifying emergency management procedures to incorporate environmental justice in the agency's Incident Command Structure in accordance with the December 18, 2006, letter from the Deputy Administrator to the Acting Inspector General.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans' Employment and Training Bill of Rights Act of 1999''. SEC. 2. VETERANS' EMPLOYMENT AND TRAINING ASSISTANCE. (a) In General.--Chapter 42 of title 38, United States Code, is amended by adding at the end the following new section: ``Sec. 4215. Veterans' Employment and Training Bill of Rights ``(a) Entitlement to Priority of Services.--A covered person is entitled to priority of services under any qualified employment training program if the person otherwise meets the eligibility requirements for participation in such program. ``(b) Administration of Programs at State and Local Levels.--(1) An entity of a State or a political subdivision of the State that administers or delivers services under a qualified employment training program shall-- ``(A) provide information and effective referral assistance to covered persons regarding benefits and services that may be obtained through other entities or service providers; and ``(B) ensure that each covered person who applies to or who is assisted by such a program is informed of the employment- related rights and benefits to which the person is entitled under this section. ``(2) Each council, board, or advisory body of a State or a political subdivision of the State that is established in support of a qualified employment training program shall include adequate representation from the veterans community, particularly from veterans service organizations. ``(c) Annual Report.--By not later than December 31, 2000, and each December 31 thereafter, the Secretary of Labor, following review and comment by the Advisory Committee on Veterans Employment and Training, shall submit to the Committees on Veterans' Affairs of the House of Representatives and Senate a report. The report shall evaluate whether covered persons are receiving priority of services and are being fully served by qualified employment training programs, and whether the levels of service of such programs are in proportion to the incidence of representation of veterans in the labor market, including within groups targeted by such programs, if any. ``(d) Definitions.--As used in this section: ``(1) The term `covered person' means any of the following individuals: ``(A) A veteran who has a service-connected disability. ``(B) A veteran who served on active duty in the Armed Forces during a war, in a campaign or expedition for which a campaign badge has been authorized. ``(C) The spouse of any of the following persons: ``(i) Any person who died of a service- connected disability. ``(ii) Any member of the Armed Forces serving on active duty who, at the time of application for assistance under this section, is listed, pursuant to section 556 of title 37 and regulations issued thereunder, by the Secretary concerned in one or more of the following categories and has been so listed for a total of more than 90 days: (I) missing in action, (II) captured in line of duty by a hostile force, or (III) forcibly detained or interned in line of duty by a foreign government or power. ``(iii) Any person who has a total disability permanent in nature resulting from a service-connected disability. ``(iv) A veteran who died while a disability so evaluated was in existence. ``(2) The term `qualified employment training program' means any work force preparation, development, or delivery program or service that is federally funded, in whole or in part, and includes the following: ``(A) Any such program or service that uses technology to assist individuals to access work force development programs (such as job and training opportunities, labor market information, career assessment tools, and related support services). ``(B) Any such program or service under the public employment service system, one-stop career centers, the Workforce Investment Act of 1998, a demonstration or other temporary program, and those programs implemented by States or local service providers based on Federal block grants. ``(C) Any such program or service that is a work force development program targeted to specific groups.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 42 of such title is amended by inserting after the item relating to section 4214 the following new item: ``4215. Veterans' Employment and Training Bill of Rights.''. SEC. 3. EMPLOYMENT OF VETERANS WITH RESPECT TO FEDERAL CONTRACTS. (a) In General.--Section 4212(a) of title 38, United States Code, is amended to read as follows: ``(a)(1) Any contract in the amount of $25,000 or more entered into by any department or agency of the United States for the procurement of personal property and nonpersonal services (including construction) for the United States, shall contain a provision requiring that the party contracting with the United States take affirmative action to employ and advance in employment qualified covered veterans. This section applies to any subcontract entered into by a prime contractor in carrying out any such contract. ``(2) In addition to requiring affirmative action to employ such qualified covered veterans under such contracts and subcontracts and in order to promote the implementation of such requirement, the Secretary of Labor shall prescribe regulations requiring that-- ``(A) each such contractor undertake in each such contract to list all of its employment openings immediately with the appropriate local employment service office, other appropriate service delivery points, or America's Job Bank (or any additional or subsequent national computerized job bank established by the Department of Labor), except that the contractor may exclude openings for positions which are to be filled from within the contractor's organization and positions lasting three days or less; and ``(B) each such local office or other service delivery point shall give such qualified covered veterans priority in referral to such employment openings. ``(3) As used in this section: ``(A) The term `covered veteran' means any of the following veterans: ``(i) Disabled veterans. ``(ii) Veterans who served on active duty in the Armed Forces during a war or in a campaign or expedition for which a campaign badge has been authorized. ``(iii) Veterans who, while serving on active duty in the Armed Forces, participated in a United States military operation for which an Armed Forces service medal was awarded pursuant to Executive Order 12985 (61 Fed. Reg. 1209). ``(B) The term `qualified', with respect to an employment position, means having the ability to perform the essential tasks of the position with reasonable accommodation.''. (b) Conforming and Technical Amendments.--Section 4212 of such title is amended-- (1) by striking subsection (b) and redesignating subsections (c) and (d) as subsections (b) and (c), respectively; (2) in subsection (b), as so redesignated-- (A) by striking ``filed pursuant to subsection (b) of this section'' and inserting ``relating to this section filed pursuant to section 4216 of this title''; (B) by striking ``suitable''; and (C) by striking ``subsection (a)(2) of this section'' and inserting ``subsection (a)(2)(B)''; and (3)(A) in paragraph (1) of subsection (c), as so redesignated-- (i) in the matter preceding subparagraph (A), by striking ``subsection (a) of this section'' and inserting ``subsection (a)''; and (ii) by amending subparagraphs (A) and (B) to read as follows: ``(A) the number of employees in the work force of such contractor, by job category and hiring location, and the number of such employees, by job category and hiring location, who are qualified covered veterans; and ``(B) the total number of new employees hired by the contractor during the period covered by the report and the number of such employees who are qualified covered veterans.''; and (B) in paragraph (2) of such subsection, by striking ``paragraph (1) of this subsection'' and inserting ``paragraph (1)''. (c) Effective Date.--The amendments made by this section shall apply with respect to contracts entered into on or after the date that is 60 days after the date of the enactment of this Act. SEC. 4. EMPLOYMENT WITHIN THE FEDERAL GOVERNMENT. (a) In General.--The second sentence of section 4214(a) of title 38, United States Code, is amended-- (1) by inserting ``, competent'' after ``effective''; and (2) by striking ``major'' and inserting ``uniquely qualified''. (b) Technical Amendments.--(1) Section 4214(b)(1) of such title is amended by striking ``readjustment'' and inserting ``recruitment''. (2) Section 4214(g) of such title is amended by striking ``qualified'' the first place it occurs and all that follows through ``era'' and inserting ``qualified covered veterans (as described in section 4212(a) of this title)''. SEC. 5. ENFORCEMENT OF VETERANS' EMPLOYMENT RIGHTS AND BENEFITS. (a) In General.--Chapter 42 of title 38, United States Code, as amended by section 2, is further amended by adding at the end the following new section: ``Sec. 4216. Enforcement of veterans' employment rights and benefits ``(a) Assistance of Secretary of Labor.--The Secretary of Labor (through the Assistant Secretary of Labor for Veterans' Employment and Training) shall provide assistance to any person or entity with respect to the requirements of sections 4212 (relating to United States contracts) and 4215 (relating to federally funded work force programs and services) of this title. In providing such assistance, the Secretary may request the assistance of existing Federal and State agencies engaged in similar or related activities and utilize the assistance of volunteers. ``(b) Complaint.--(1) An individual described in section 4212(a) or in section 4215(a) of this title may file a complaint with the Secretary of Labor if the individual believes that-- ``(A) the individual is entitled to rights or benefits under section 4212 or 4215; and ``(B) an entity with obligations under either of such sections has failed to comply or refuses to comply with the provisions of such sections. ``(2) Such complaint shall be in writing, be in such form as the Secretary of Labor may prescribe, include the name and address of the party against whom the complaint is filed, and contain a summary of the allegations that form the basis for the complaint. ``(3) A complaint may only be filed under paragraph (1) within 90 days after the date of a failure or refusal described in paragraph (1)(B). ``(c) Investigation of Complaint.--(1) The Secretary of Labor shall promptly investigate the complaint. If the Secretary of Labor determines as a result of the investigation that the action alleged in such complaint occurred, the Secretary shall attempt to resolve the complaint by making reasonable efforts to ensure that the party named in the complaint complies with the provisions of section 4212 or 4215, as appropriate. ``(2) If, within 90 days after the date on which the complaint is filed, the efforts to resolve the complaint are unsuccessful, the Secretary of Labor shall notify the individual who submitted the complaint of-- ``(A) the results of the investigation; and ``(B) the individual's rights. ``(d) Action for Relief.--(1) An individual who receives from the Secretary of Labor a notification under subsection (c) relating to a complaint may request that the Secretary refer the complaint to the Attorney General of the United States. If the Attorney General is reasonably satisfied that the person on whose behalf the complaint is referred is entitled to the rights or benefits sought, the Attorney General may appear on behalf of, and act as attorney for, the person on whose behalf the complaint is submitted and commence an action for relief for such person in any United States district court. ``(2) An individual may commence an action for relief with respect to a complaint if that individual-- ``(A) has chosen not to file a complaint under subsection (b); ``(B) has chosen not to request that the Secretary of Labor refer the complaint to the Attorney General under paragraph (1); or ``(C) has been refused representation by the Attorney General with respect to the complaint under such paragraph. ``(e) Remedies.--(1) In any action under this section, the court may award relief as follows: ``(A) The court may require the entity to comply with the provisions of section 4212 or 4215 of this title, as appropriate. ``(B) The court may require the entity to compensate the individual for any loss of wages or benefits suffered by reason of such entity's failure to comply with the such provisions. ``(C) The court may require the entity to pay the individual an amount equal to the amount referred to in clause (ii) as liquidated damages, if the court determines that the entity's failure to comply with the provisions of such section was willful. ``(2) Any compensation under subparagraph (B) or (C) of paragraph (1) shall be in addition to, and shall not diminish, any of the other rights and benefits provided for in such section. ``(3) The United States and a State shall be subject to the same remedies, including prejudgment interest, as may be imposed upon any private entity under this section. ``(f) Fees.--In any action or proceeding to enforce a provision of section 4212 or 4215 of this title by an individual under subsection (d)(2) who obtained private counsel for such action or proceeding, the court may award any such individual who prevails in such action or proceeding reasonable attorney fees, expert witness fees, and other litigation expenses. ``(g) Equity Powers.--The court may use its full equity powers, including temporary or permanent injunctions, temporary restraining orders, and contempt orders, to vindicate fully the rights or benefits of individuals pursuant to this section. ``(h) Standing.--An action under this section may be initiated only by an individual claiming rights or benefits under section 4212 or 4215 of this title, not by any other entity with obligations under such section. ``(i) Respondent.--In any such action, only an entity with obligations under section 4212 or 4215, as the case may be, shall be a necessary party respondent. ``(j) Inapplicability of State Statute of Limitations.--No State statute of limitations shall apply to any proceeding pursuant to this section.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 42 of such title, as amended by section 2, is further amended by inserting after the item relating to section 4215 the following new item: ``4216. Enforcement of veterans' employment rights and benefits.''. (c) Effective Date.--The amendments made by this section shall apply with respect to complaints filed on or after the date that is 60 days after the date of the enactment of this Act. SEC. 6. ADDITIONAL PERSONNEL. The Secretary of Labor is authorized to allocate an additional 10 full-time equivalent positions from the Employment and Training Administration to the Veterans' Employment and Training Service to carry out chapter 42 of title 38, United States Code, as amended by this Act.

Veterans' Employment and Training Bill of Rights Act of 1999 - Entitles the following covered persons to priority of services under any qualified employment training program if the person otherwise meets program eligibility requirements: (1) veterans who have a service-connected disability or who served on active duty in a campaign or expedition for which a campaign badge has been authorized; (2) the spouse of any person who died of a service-connected disability or who has a permanent total disability resulting from a service-connected disability; (3) the spouse of any member serving on active duty who is listed for more than 90 days as missing in action, captured in the line of duty by a hostile force, or forcibly detained or interned by a foreign government or power; and (4) the spouse of a veteran who died while a permanent service-connected disability was in existence. Requires State and local entities that administer such programs to inform individuals of the availability of such services. (Sec. 3) Requires Federal contracts of $25,000 or more for the procurement of personal property and non-personal services to contain a provision under which the party receiving the contract agrees to take affirmative action to employ and advance qualified veterans who: (1) are disabled; (2) served on active duty during a war or in a campaign or expedition for which a campaign badge has been authorized; or (3) while serving on active duty, participated in a U.S. military operation for which an armed forces service medal was awarded. (Sec. 4) Requires veterans qualifying under this Act to be given appropriate recruitment (currently, readjustment) appointments within the Federal Government. (Sec. 5) Directs the Secretary of Labor to provide specified veterans' employment rights and benefits assistance to veterans qualifying under this Act. Provides for the filing, investigation, and determination of claims, by qualifying individuals, that an entity has failed to comply with hiring requirements of this Act. (Sec. 6) Authorizes the Secretary to allocate an additional ten full-time equivalent positions from the Employment and Training Administration of the Department of Labor to the Veterans' Employment and Training Service to carry out work training and employment services for qualifying individuals.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Shared Responsibility in Preserving America's Future Act''. SEC. 2. SURTAX ON MILLIONAIRES CONTINGENT ON CONGRESSIONAL PASSAGE OF A BALANCED BUDGET AMENDMENT OR SPENDING LIMIT AMENDMENT. (a) In General.--Subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new part: ``PART VIII--SURTAX ON MILLIONAIRES ``Sec. 59B. Surtax on millionaires. ``SEC. 59B. SURTAX ON MILLIONAIRES. ``(a) General Rule.--In the case of a taxpayer other than a corporation for any taxable year beginning after 2012 and before 2023, there is hereby imposed (in addition to any other tax imposed by this subtitle) a tax equal to 5 percent of so much of the modified adjusted gross income of the taxpayer for such taxable year as exceeds the threshold amount. ``(b) Threshold Amount.--For purposes of this section-- ``(1) In general.--The threshold amount is $1,000,000. ``(2) Inflation adjustment.-- ``(A) In general.--In the case of any taxable year beginning after 2013, the $1,000,000 amount under paragraph (1) shall be increased by an amount equal to-- ``(i) such dollar amount, multiplied by ``(ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `calendar year 2012' for `calendar year 1992' in subparagraph (B) thereof. ``(B) Rounding.--If any amount as adjusted under paragraph (1) is not a multiple of $10,000, such amount shall be rounded to the next highest multiple of $10,000. ``(3) Married filing separately.--In the case of a married individual filing separately for any taxable year, the threshold amount shall be one-half of the amount otherwise in effect under this subsection for the taxable year. ``(c) Modified Adjusted Gross Income.--For purposes of this section-- ``(1) In general.--The term `modified adjusted gross income' means adjusted gross income reduced by the excess of-- ``(A) gross income from a trade or business-- ``(i) which is not a passive activity (within the meaning of section 469(c)) with respect to the taxpayer, and ``(ii) with respect to which the taxpayer pays wages to at least 1 full-time equivalent employee (as defined in section 45R(d)(2) determined without regard to subsection (e)(1)(A)(iv) thereof), other than the taxpayer, over ``(B) the deductions which are properly allocable to such income. ``(2) Regulations.--The Secretary shall prescribe regulations similar to the regulations under section 469(l) for determining the income that is taken into account under paragraph (1)(A). ``(d) Special Rules.-- ``(1) Nonresident alien.--In the case of a nonresident alien individual, only amounts taken into account in connection with the tax imposed under section 871(b) shall be taken into account under this section. ``(2) Citizens and residents living abroad.--The dollar amount in effect under subsection (a) shall be decreased by the excess of-- ``(A) the amounts excluded from the taxpayer's gross income under section 911, over ``(B) the amounts of any deductions or exclusions disallowed under section 911(d)(6) with respect to the amounts described in subparagraph (A). ``(3) Charitable trusts.--Subsection (a) shall not apply to a trust all the unexpired interests in which are devoted to one or more of the purposes described in section 170(c)(2)(B). ``(4) Not treated as tax imposed by this chapter for certain purposes.--The tax imposed under this section shall not be treated as tax imposed by this chapter for purposes of determining the amount of any credit under this chapter or for purposes of section 55. ``(e) Application of Section Contingent on Balanced Budget or Spending Limit Amendment.-- ``(1) Submission of amendment for ratification.--This section shall not apply to any taxable year which begins before the date on which the President certifies that the Archivist of the United States has submitted to the States for their ratification a proposed amendment to the Constitution of the United States pursuant to a joint resolution entitled `Joint resolution proposing a balanced budget amendment to the Constitution of the United States.' or `Joint resolution proposing a spending limit amendment to the Constitution of the United States.'. If the certification referred to in the preceding sentence is not made by the President before September 30, 2012, this section shall not apply to any taxable year. ``(2) Ratification.--This section shall not apply to any taxable year beginning after December 31, 2017, unless, on or before such date, such an amendment, by ratification, becomes valid to all intents and purposes as part of the Constitution of the United States.''. (b) Clerical Amendment.--The table of parts for subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: ``Part VIII. Surtax on Millionaires''. (c) Section 15 Not To Apply.--The amendment made by subsection (a) shall not be treated as a change in a rate of tax for purposes of section 15 of the Internal Revenue Code of 1986. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2012.

Shared Responsibility in Preserving America's Future Act - Amends the Internal Revenue Code to impose, in taxable years beginning after 2012 and before 2023, an additional 5% tax on individual taxpayers whose modified adjusted gross income exceeds $1 million (adjusted for inflation after 2013). Defines "modified adjusted gross income" as adjusted gross income reduced by the excess of: (1) gross income from a trade or business which is not a passive activity and with respect to which wages are paid to at least one full-time equivalent employee, over (2) the tax deductions properly allocable to such income. Makes this additional tax contingent upon the submission and ratification of a proposed amendment to the Constitution requiring a balanced budget or limiting spending.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Procompetitiveness and Antiboycott Act of 1993''. SEC. 2. CONGRESSIONAL FINDINGS. The Congress finds that-- (1) the boycott of Israel by Arab countries has distorted international trade and investment; (2) the secondary boycott of Israel by Arab countries has put at a competitive disadvantage those United States business enterprises that refuse to comply with the Arab boycott of Israel; (3) the secondary boycott has stifled foreign investment in Israel; (4) business enterprises that comply with the boycott of Israel by Arab countries contribute to the distortion of international commerce and investment; and (5) it is in the interest of all countries to have free trade and a liberal climate for investment. SEC. 3. OECD REPORT. (a) Discussions at the OECD.--The United States Ambassador to the Organization for Economic Cooperation and Development (OECD) shall enter into discussions with representatives from other countries that are members of OECD concerning-- (1) the extent to which business enterprises, both public and private, comply with the boycott of Israel by Arab countries; (2) the effectiveness, with respect to the secondary boycott, of antiboycott laws of those countries that currently have or have had such laws; (3) the extent to which the secondary boycott has skewed global trade and investment, as well as regional trade and investment in the Middle East; (4) the extent to which business enterprises not complying with the boycott of Israel by Arab countries are placed at a competitive disadvantage as a result of the secondary boycott; (5) the extent to which the secondary boycott contradicts OECD trade and investment policy; and (6) the development of a set of guidelines, comparable to the prohibitions set forth in section 8(a) of the Export Administration Act of 1979 on actions taken to comply with, further, or support a boycott imposed by a foreign country, that countries that are members of OECD can agree on as a way to eliminate compliance with the boycott of Israel by Arab countries. (b) Report to Congress.--The United States Ambassador to the OECD shall submit to the Congress, not later than 6 months after the date of the enactment of this Act, a report on the progress of the discussions described in subsection (a). SEC. 4. GATT REPORT. (a) In General.--The United States Trade Representative shall enter into discussions with representatives from countries that are members of the General Agreement on Tariffs and Trade (GATT) to determine the extent to which-- (1) the secondary boycott has distorted trade; (2) members of and observers to the GATT encourage actions, including the furnishing of information or entering into implementing agreements, which have the effect of furthering or supporting the boycott of Israel by Arab countries; (3) the GATT can and should work to eliminate the secondary boycott; and (4) provisions of the GATT, specifically Articles I and XI, can be used to eliminate compliance with the boycott of Israel by Arab countries and what additional measures, including penalties, can be applied to countries imposing and complying with the boycott of Israel by Arab countries. (b) Report to Congress.--The United States Trade Representative shall submit to the Congress, not later than 6 months after the date of the enactment of this Act, a report on the discussions described in subsection (a). SEC. 5. PRESIDENTIAL REPORT. Not later than 90 days after the date of the enactment of this Act, the President shall submit a report to the Congress on-- (1) what progress has been made in terminating the secondary boycott, and (2) what progress has been made in terminating the compliance by countries other than Arab countries with the boycott of Israel by Arab countries. SEC. 6. BOYCOTT REPORT. Not later than 90 days after the date of the enactment of this Act, the Secretary of Commerce, in consultation with the Secretary of State and the Secretary of the Treasury, shall submit to the Congress a report on those OECD member countries that encourage or fail to discourage compliance with the boycott of Israel by Arab countries. Such report shall include-- (1) a list of foreign countries which encourage or fail to discourage compliance with the boycott of Israel by Arab countries; and (2) for each foreign country included in the list under paragraph (1), a description of the policies, regulations, practices, and laws of the government of that country which encourage or fail to discourage compliance with the boycott of Israel by Arab countries. SEC. 7. DEFINITIONS. For purposes of this Act-- (1) the term ``secondary boycott'' means the boycott by the governments of Arab countries of-- (A) business enterprises which-- (i) provide goods or services to Israeli nationals or business enterprises organized under the laws of Israel or owned or controlled by Israeli nationals, or (ii) invest in Israel or business enterprises described in clause (i); (B) ships that call at Israeli ports; or (C) goods and services of people or entities which support the State of Israel; and (2) a business enterprise complies with the boycott of Israel by Arab countries when, as a condition of doing business directly or indirectly within a country or with the government of, a national of, or a business enterprise organized under the laws of, a country, that business enterprise-- (A) agrees to refrain from doing business with or in Israel or with the government or nationals of Israel or business enterprises organized under the laws of Israel or owned or controlled by Israeli nationals; or (B) agrees to furnish information about its past, present, or future business relationships with Israel or with the government or nationals of Israel or business enterprises described in subparagraph (A).

Procompetitiveness and Antiboycott Act of 1993 - Directs the U.S. Ambassador to the Organization for Economic Cooperation and Development (OECD) to discuss with representatives from other OECD member countries and to report to the Congress on: (1) the extent to which business enterprises comply with the boycott of Israel by Arab countries; (2) the effectiveness, with respect to the secondary boycott, of antiboycott laws of countries that have them; (3) the extent to which the secondary boycott has skewed trade and investment globally as well as in the Middle East; (4) the extent to which business enterprises not complying with the boycott are placed at a competitive disadvantage; (5) the extent to which the secondary boycott contradicts OECD trade and investment policy; and (6) the development of guidelines, comparable to the prohibitions set forth under the Export Administration Act of 1979, that OECD countries can agree on to eliminate compliance with the boycott. Requires the United States Trade Representative to enter into discussions with representatives from member countries of the General Agreement on Tariffs and Trade (GATT) and to report to the Congress on the extent to which: (1) the secondary boycott of Israel has distorted trade; (2) members of and observers to the GATT encourage actions, including the furnishing of information or entering into agreements, which support the boycott; (3) the GATT should work to eliminate the secondary boycott; and (4) GATT articles can be used to eliminate compliance with such boycott. Requires the President to report to the Congress on progress made to end the boycott. Requires the Secretary of Commerce to report to the Congress on OECD countries that encourage or fail to discourage compliance with such boycott.

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SECTION 1. OPPORTUNITY FOR THE GOVERNMENT OF GUAM TO ACQUIRE EXCESS REAL PROPERTY IN GUAM. (a) Transfer of Excess Real Property.--(1) Except as provided in subsection (d), before screening excess real property located on Guam for further Federal utilization under section 202 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 471 et seq.) (hereinafter the ``Property Act''), the Administrator shall notify the Government of Guam that the property is available for transfer pursuant to this section. (2) If the Government of Guam, within 180 days after receiving notification under paragraph (1), notifies the Administrator that the Government of Guam intends to acquire the property under this section, the Administrator shall transfer such property in accordance with subsection (b). Otherwise, the property shall be screened for further Federal use and then, if there is no other Federal use, shall be disposed of in accordance with the Property Act. (b) Conditions of Transfer.--(1) Any transfer of excess real property to the Government of Guam may be only for a public purpose and shall be without further consideration. (2) All transfers of excess real property to the Government of Guam shall be subject to such restrictive covenants as the Administrator, in consultation with the Secretary of Defense, in the case of property reported excess by a military department, determines to be necessary to ensure that: (A) the use of the property is compatible with continued military activities on Guam; (B) the use of the property is consistent with the environmental condition of the property; (C) access is available to the United States to conduct any additional environmental remediation or monitoring that may be required; (D) the property is used only for a public purpose and can not be converted to any other use; and (E) to the extent that facilities on the property have been occupied and used by another Federal agency for a minimum of 2 years, that the transfer to the Government of Guam is subject to the terms and conditions for such use and occupancy. (3) All transfers of excess real property to the Government of Guam are subject to all otherwise applicable Federal laws, except section 2696 of title 10, United States Code, or section 501 of Public Law 100- 77 (42 U.S.C. 11411). (c) Definitions.--For the purposes of this section: (1) The term ``Administrator'' means-- (A) the Administrator of General Services; or (B) the head of any Federal agency with the authority to dispose of excess real property on Guam. (2) The term ``base closure law'' means the Defense Authorization Amendments and Base Closure and Realignment Act of 1988 (Public Law 100-526), the Defense Base Closure and Realignment Act of 1990 (Public Law 101-510), or similar base closure authority. (3) The term ``excess real property'' means excess property (as that term is defined in section 3 of the Property Act) that is real property and was acquired by the United States prior to the enactment of this section. (4) The term ``Guam National Wildlife Refuge'' includes those lands within the refuge overlay under the jurisdiction of the Department of Defense, identified as DoD lands in figure 3, on page 74, and as submerged lands in figure 7, on page 78 of the ``Final Environmental Assessment for the Proposed Guam National Wildlife Refuge, Territory of Guam, July 1993'' to the extent that the Federal Government holds title to such lands. (5) The term ``public purpose'' means those public benefit purposes for which the United States may dispose of property pursuant to section 203 of the Property Act, as implemented by the Federal Property Management Regulations (41 CFR 101-47) or the specific public benefit uses set forth in section 3(c) of the Guam Excess Lands Act (Public Law 103-339; 108 Stat. 3116), except that such definition shall not include the transfer of land to an individual or entity for private use other than on a nondiscriminatory basis. (d) Exemptions.--Notwithstanding that such property may be excess real property, the provisions of this section shall not apply-- (1) to real property on Guam that is declared excess by the Department of Defense for the purpose of transferring that property to the Coast Guard; (2) to real property on Guam that is located within the Guam National Wildlife Refuge, which shall be transferred according to the following procedure: (A) The Administrator shall notify the Government of Guam and the Fish and Wildlife Service that such property has been declared excess. The Government of Guam and the Fish and Wildlife Service shall have 180 days to engage in discussions toward an agreement providing for the future ownership and management of such real property. (B) If the parties reach an agreement under subparagraph (A) within 180 days after notification of the declaration of excess, the real property shall be transferred and managed in accordance with such agreement: Provided, That such agreement shall be transmitted to the Committee on Energy and Natural Resources of the United States Senate and the appropriate committees of the United States House of Representatives not less than 60 days prior to such transfer and any such transfer shall be subject to the other provisions of this section. (C) If the parties do not reach an agreement under subparagraph (A) within 180 days after notification of the declaration of excess, the Administrator shall provide a report to Congress on the status of the discussions, together with his recommendations on the likelihood of resolution of differences and the comments of the Fish and Wildlife Service and the Government of Guam. If the subject property is under the jurisdiction of a military department, the military department may transfer administrative control over the property to the General Services Administration subject to any terms and conditions applicable to such property. In the event of such a transfer by a military department to the General Services Administration, the Department of the Interior shall be responsible for all reasonable costs associated with the custody, accountability and control of such property until final disposition. (D) If the parties come to agreement prior to congressional action, the real property shall be transferred and managed in accordance with such agreement: Provided, That such agreement shall be transmitted to the Committee on Energy and Natural Resources of the United States Senate and the appropriate committees of the United States House of Representatives not less than 60 days prior to such transfer and any such transfer shall be subject to the other provisions of this section. (E) Absent an agreement on the future ownership and use of the property, such property may not be transferred to another Federal agency or out of Federal ownership except pursuant to an Act of Congress specifically identifying such property; (3) to real property described in the Guam Excess Lands Act (Public Law 103-339; 108 Stat. 3116) which shall be disposed of in accordance with such Act; (4) to real property on Guam that is declared excess as a result of a base closure law; or (5) to facilities on Guam declared excess by the managing Federal agency for the purpose of transferring the facility to a Federal agency that has occupied the facility for a minimum of 2 years when the facility is declared excess together with the minimum land or interest therein necessary to support the facility. (e) Dual Classification Property.--If a parcel of real property on Guam that is declared excess as a result of a base closure law also falls within the boundary of the Guam National Wildlife Refuge, such parcel of property shall be disposed of in accordance with the base closure law. (f) Authority To Issue Regulations.--The Administrator of General Services, after consultation with the Secretary of Defense and the Secretary of the Interior, may issue such regulations as he deems necessary to carry out this section. SEC. 2. COMPACT IMPACT REPORTS. Section 104(e)(2) of Public Law 99-239 (99 Stat. 1770, 1788) is amended by deleting ``President shall report to the Congress with respect to the impact of the Compact on the United States territories and commonwealths and on the State of Hawaii.'' and inserting in lieu thereof, ``Governor of any of the United States territories or commonwealths or the State of Hawaii may report to the Secretary of the Interior by February 1 of each year with respect to the impacts of the compacts of free association on the Governor's respective jurisdiction. The Secretary of the Interior shall review and forward any such reports to the Congress with the comments of the Administration. The Secretary of the Interior shall, either directly or, subject to available technical assistance funds, through a grant to the affected jurisdiction, provide for a census of Micronesians at intervals no greater than 5 years from each decennial United States census using generally acceptable statistical methodologies for each of the impact jurisdictions where the Governor requests such assistance, except that the total expenditures to carry out this sentence may not exceed $300,000 in any year.''. SEC. 3. APPLICATION OF FEDERAL PROGRAMS UNDER THE COMPACTS OF FREE ASSOCIATION. (a) The freely associated states of the Republic of the Marshall Islands, the Federated States of Micronesia, and the Republic of Palau, respectively, and citizens thereof, shall remain eligible for all Federal programs, grant assistance, and services of the United States, to the extent that such programs, grant assistance, and services are provided to States and local governments of the United States and residents of such States, for which a freely associated State or its citizens were eligible on October 1, 1999. This eligibility shall continue through the period of negotiations referred to in section 231 of the Compact of Free Association with the Republic of the Marshall Islands and the Federated States of Micronesia, approved in Public Law 99-239, and during consideration by the Congress of legislation submitted by an Executive branch agency as a result of such negotiations. (b) Section 214(a) of the Housing Community Development Act of 1980 (42 U.S.C. 1436a(a)) is amended-- (1) by striking ``or'' at the end of paragraph (5); (2) by striking the period at the end of paragraph (6) and inserting ``; or''; and (3) by adding at the end the following new paragraph: ``(7) an alien who is lawfully resident in the United States and its territories and possessions under section 141 of the Compacts of Free Association between the Government of the United States and the Governments of the Marshall Islands, the Federated States of Micronesia (48 U.S.C. 1901 note) and Palau (48 U.S.C. 1931 note) while the applicable section is in effect: Provided, That, within Guam any such alien shall not be entitled to a preference in receiving assistance under this Act over any United States citizen or national resident therein who is otherwise eligible for such assistance.''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Amends the Compact of Free Association Act of 1985 to revise certain reporting requirements with respect to the impact of the Compact on U.S. areas to authorize the Governor of any of the U.S. territories or commonwealths or the State of Hawaii to report annually to the Secretary of the Interior (currently, the President must report to Congress) with respect to the impacts of the compacts of free association on the Governor's respective jurisdiction. Declares that the freely associated states of the Republic of the Marshall Islands, the Federated States of Micronesia, and the Republic of Palau and their citizens shall remain eligible for all U.S. Federal programs, grant assistance, and services to the same extent that such programs, grant assistance, and services are provided to States and U.S. citizens. Amends the Housing Community Development Act of 1980 to revise the conditions for making assisted housing assistance available to a resident alien to declare that such alien may be a lawful resident in the United States and its territories and possessions (under the Compacts of Free Association between the Government of the United States and the Governments of the Marshall Islands, the Federated States of Micronesia, and Palau). Provides that any alien within Guam shall not be entitled to a preference in receiving such assistance over any U.S. citizen or national resident therein.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Hiring Our Veterans Act of 2011''. SEC. 2. RETURNING HEROES AND WOUNDED WARRIORS WORK OPPORTUNITY TAX CREDITS. (a) In General.--Paragraph (3) of section 51(b) of the Internal Revenue Code of 1986 is amended by striking ``($12,000 per year in the case of any individual who is a qualified veteran by reason of subsection (d)(3)(A)(ii))'' and inserting ``($12,000 per year in the case of any individual who is a qualified veteran by reason of subsection (d)(3)(A)(ii)(I), $14,000 per year in the case of any individual who is a qualified veteran by reason of subsection (d)(3)(A)(iv), and $24,000 per year in the case of any individual who is a qualified veteran by reason of subsection (d)(3)(A)(ii)(II))''. (b) Returning Heroes Tax Credits.--Section 51(d)(3)(A) of the Internal Revenue Code of 1986 is amended by striking ``or'' at the end of clause (3)(A)(i), and inserting the following new clauses after clause (ii)-- ``(iii) having aggregate periods of unemployment during the 1-year period ending on the hiring date which equal or exceed 4 weeks (but less than 6 months), or ``(iv) having aggregate periods of unemployment during the 1-year period ending on the hiring date which equal or exceed 6 months.''. (c) Simplified Certification.--Section 51(d) of the Internal Revenue Code of 1986 is amended by adding a new paragraph (15) as follows-- ``(15) Credit allowed for unemployed veterans.-- ``(A) In general.--Any qualified veteran under paragraphs (3)(A)(ii)(II), (3)(A)(iii), and (3)(A)(iv) will be treated as certified by the designated local agency as having aggregate periods of unemployment if-- ``(i) in the case of qualified veterans under paragraphs (3)(A)(ii)(II) and (3)(A)(iv), the veteran is certified by the designated local agency as being in receipt of unemployment compensation under State or Federal law for not less than 6 months during the 1-year period ending on the hiring date; or ``(ii) in the case of a qualified veteran under paragraph (3)(A)(iii), the veteran is certified by the designated local agency as being in receipt of unemployment compensation under State or Federal law for not less than 4 weeks (but less than 6 months) during the 1- year period ending on the hiring date. ``(B) Regulatory authority.--The Secretary in his discretion may provide alternative methods for certification.''. (d) Credit Made Available to Tax-Exempt Employers in Certain Circumstances.--Section 52(c) of the Internal Revenue Code of 1986 is amended-- (1) by striking the word ``No'' at the beginning of the section and replacing it with ``Except as provided in this subsection, no''; (2) by inserting at the end of section 52(c) the following new paragraphs-- ``(1) In general.--In the case of a tax-exempt employer, there shall be treated as a credit allowable under subpart C (and not allowable under subpart D) the lesser of-- ``(A) the amount of the work opportunity credit determined under this subpart with respect to such employer that is related to the hiring of qualified veterans described in sections 51(d)(3)(A)(ii)(II), (iii) or (iv); or ``(B) the amount of the payroll taxes of the employer during the calendar year in which the taxable year begins. ``(2) Credit amount.--In calculating for tax-exempt employers, the work opportunity credit shall be determined by substituting `26 percent' for `40 percent' in section 51(a) and by substituting `16.25 percent' for `25 percent' in section 51(i)(3)(A). ``(3) Tax-exempt employer.--For purposes of this subpart, the term `tax-exempt employer' means an employer that is-- ``(A) an organization described in section 501(c) and exempt from taxation under section 501(a), or ``(B) a public higher education institution (as defined in section 101 of the Higher Education Act of 1965). ``(4) Payroll taxes.--For purposes of this subsection-- ``(A) In general.--The term `payroll taxes' means-- ``(i) amounts required to be withheld from the employees of the tax-exempt employer under section 3401(a), ``(ii) amounts required to be withheld from such employees under section 3101(a), and ``(iii) amounts of the taxes imposed on the tax-exempt employer under section 3111(a).''. (e) Treatment of Possessions.-- (1) Payments to possessions.-- (A) Mirror code possessions.--The Secretary of the Treasury shall pay to each possession of the United States with a mirror code tax system amounts equal to the loss to that possession by reason of the application of this section (other than this subsection). Such amounts shall be determined by the Secretary of the Treasury based on information provided by the government of the respective possession of the United States. (B) Other possessions.--The Secretary of the Treasury shall pay to each possession of the United States, which does not have a mirror code tax system, amounts estimated by the Secretary of the Treasury as being equal to the aggregate credits that would have been provided by the possession by reason of the application of this section (other than this subsection) if a mirror code tax system had been in effect in such possession. The preceding sentence shall not apply with respect to any possession of the United States unless such possession has a plan, which has been approved by the Secretary of the Treasury, under which such possession will promptly distribute such payments. (2) Coordination with credit allowed against united states income taxes.--No increase in the credit determined under section 38(b) of the Internal Revenue Code of 1986 that is attributable to the credit provided by this section (other than this subsection (e)) shall be taken into account with respect to any person-- (A) to whom a credit is allowed against taxes imposed by the possession of the United States by reason of this section for such taxable year, or (B) who is eligible for a payment under a plan described in paragraph (1)(B) with respect to such taxable year. (3) Definitions and special rules.-- (A) Possession of the united states.--For purposes of this subsection (e), the term ``possession of the United States'' includes American Samoa, the Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico, Guam, and the United States Virgin Islands. (B) Mirror code tax system.--For purposes of this subsection, the term ``mirror code tax system'' means, with respect to any possession of the United States, the income tax system of such possession if the income tax liability of the residents of such possession under such system is determined by reference to the income tax laws of the United States as if such possession were the United States. (C) Treatment of payments.--For purposes of section 1324(b)(2) of title 31, United States Code, rules similar to the rules of section 1001(b)(3)(C) of the American Recovery and Reinvestment Tax Act of 2009 shall apply. (f) Reporting.--The taxpayer shall provide such information as the Secretary of the Treasury requires to enable the Secretary to determine the number of veterans specified by each of the categories in clauses (i) through (iv) of section 51(d)(3)(A) of the Internal Revenue Code of 1986 (as amended by this section) with respect to whom a credit is claimed under section 51(a) of such Code pursuant to the amendments made by this section. (g) Effective Date.--The amendment made by this section shall apply to individuals who begin work for the employer after the date of the enactment of this Act.

Hiring Our Veterans Act of 2011 - Amends the Internal Revenue Code to: (1) increase the amount of wages eligible for the work opportunity tax credit for veterans who are hired after being unemployed for six months or more during the one-year period ending on the hiring date ($14,000 of first-year wages) or disabled veterans who are either hired within one year after discharge from active duty ($12,000 of first-year wages) or who are hired after being unemployed for six months or more during the one-year period ending on the hiring date ($24,000 of first-year wages), and (2) allow tax-exempt organizations to claim the lesser of the amount of the work opportunity tax credit for hiring veterans or the amount of the payroll taxes paid by such organizations during the calendar year.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Military Health Care Fairness Act''. SEC. 2. INCLUSION OF CERTAIN COVERED BENEFICIARIES IN FEDERAL EMPLOYEES HEALTH BENEFITS PROGRAM. (a) FEHBP Option.--(1) Chapter 55 of title 10, United States Code, is amended by inserting after section 1079a the following new section: ``Sec. 1079b. Health care coverage through Federal Employees Health Benefits program ``(a) FEHBP Option.--(1) Subject to the availability of funds to carry out this section for a fiscal year, eligible beneficiaries described in subsection (b) shall be afforded an opportunity to enroll in any health benefits plan under the Federal Employee Health Benefits program under chapter 89 of title 5, United States Code, offering medical care comparable to the care authorized by section 1077 of this title to be provided under section 1076 of this title (in this section referred to as an `FEHBP plan'). ``(2) The Secretary of Defense and the other administering Secretaries shall jointly enter into an agreement with the Director of the Office of Personnel Management to carry out paragraph (1). ``(b) Eligible Beneficiaries.--(1) An eligible beneficiary referred to in subsection (a) is a covered beneficiary who is a military retiree (except a military retiree retired under chapter 1223 of this title), a dependent of such a retiree described in section 1072(2)(B) or (C), or a dependent described in section 1072(2)(A), (D), or (I) of such a retiree who enrolls in an FEHBP plan, who,-- ``(A) is not guaranteed access under TRICARE to health care that is comparable to the health care benefits provided under the service benefit plan offered under the Federal Employee Health Benefits program; ``(B) is eligible to enroll in the TRICARE program but is not enrolled because of the location of the beneficiary, a limitation on the total enrollment, or any other reason; or ``(C) is entitled to hospital insurance benefits under part A of title XVIII of the Social Security Act (42 U.S.C. 1395c et seq.). ``(2) In addition to the eligibility requirements described in paragraph (1), during the first two years that covered beneficiaries are offered the opportunity to enroll in an FEHBP plan under subsection (a), eligible beneficiaries shall be limited to-- ``(A) except as provided in subparagraph (B), military retirees 65 years of age or older; and ``(B) military retirees retired under chapter 61 of this title. ``(3) An eligible beneficiary shall not be required to satisfy any eligibility criteria specified in chapter 89 of title 5 as a condition for enrollment in an FEHBP plan. ``(c) Priorities; List.--(1) Eligible beneficiaries shall be permitted to enroll in an FEHBP plan based on the order in which such beneficiaries apply to enroll in the plan. ``(2) The Secretary shall maintain a list of eligible beneficiaries who apply to enroll in an FEHBP plan, but whom the Secretary is not able to enroll because of the lack of available funds to carry out this section. ``(d) Period of Enrollment.--The Secretary shall provide a period of enrollment for eligible beneficiaries in an FEHBP plan for a period of 90 days-- ``(A) before implementation of the program described in subsection (a); and ``(B) each subsequent year thereafter. ``(e) Term of Enrollment.--(1) The minimum period of enrollment in an FEHBP plan shall be three years. ``(2) A beneficiary who elects to enroll in an FEHBP plan, and who subsequently discontinues enrollment in the plan before the end of the period described in paragraph (1), shall not be eligible to reenroll in the plan. ``(f) Receipt of Care in MTF.--(1) An eligible beneficiary enrolled in an FEHBP plan may receive care at a military medical treatment facility subject to the availability of space in such facility, except that the plan shall reimburse the facility for the cost of such treatment. The plan may adjust beneficiary copayments so that receipt of such care at a military medical treatment facility results in no additional costs to the plan, as compared with the costs that would have been incurred if care had been received from a provider in the plan. ``(g) Contributions.--(1) Contributions shall be made for an enrollment of an eligible beneficiary in a plan of the Federal Employee Health Benefits program under this section as if the beneficiary were an employee of the Federal Government. ``(2) The administering Secretary concerned shall be responsible for the Government contributions that the Director of the Office of Personnel Management determines would be payable by the Secretary under section 8906 of title 5 for an enrolled eligible beneficiary if the beneficiary were an employee of the Secretary. ``(3) Each eligible beneficiary enrolled in an FEHBP plan shall be required to contribute the amount that would be withheld from the pay of a similarly situated Federal employee who is enrolled in the same health benefits plan under chapter 89 of title 5. ``(h) Management of Participation.--The Director of the Office of Personnel Management shall manage the participation of an eligible beneficiary in a health benefits plan of the Federal Employee Health Benefits program pursuant to an enrollment under this section. The Director shall maintain separate risk pools for participating eligible beneficiaries until such time as the Director determines that inclusion of participating eligible beneficiaries under chapter 89 of title 5 will not adversely affect Federal employees and annuitants enrolled in health benefits plans under such chapter. ``(i) Reporting Requirements.--(1) Not later than November 1 of each year, the Secretary of Defense and the Director of the Office of Personnel Management shall jointly submit to Congress a report describing the provision of health care services to enrollees under this section during the preceding fiscal year. The report shall address or contain the following: ``(A) The number of eligible beneficiaries who are participating in health benefits plans of the Federal Employee Health Benefits program pursuant to an enrollment under this section, both in terms of total number and as a percentage of all covered beneficiaries who are receiving health care through the health care system of the uniformed services. ``(B) The extent to which eligible beneficiaries use the health care services available to the beneficiaries under health benefits plans pursuant to enrollments under this section. ``(C) The cost to enrollees for health care under such health benefits plans. ``(D) The cost to the Department of Defense, the Department of Transportation, the Department of Health and Human Services, and any other departments and agencies of the Federal Government of providing care to eligible beneficiaries pursuant to enrollments in such health benefits plans under this section. ``(E) A comparison of the costs determined under paragraphs (C) and (D) and the costs that would otherwise have been incurred by the United States and enrollees under alternative health care options available to the administering Secretaries. ``(F) The effects of the exercise of authority under this section on the cost, access, and utilization rates of other health care options under the health care system of the uniformed services. ``(2) Not later than the date that is four years after the date of enactment of the National Defense Authorization Act for fiscal year 1999, the Secretary of Defense shall submit to Congress a report describing-- ``(A) whether the Secretary recommends that a health care option for retired covered beneficiaries equivalent to the option described in subsection (a) be permanently offered to such beneficiaries; and ``(B) the estimated costs of offering such an option.''. (2) The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1079a the following: ``1079b. Health care coverage through Federal Employees Health Benefits program.''. (b) Conforming Amendments.--(1) Section 8905 of title 5, United States Code, is amended-- (A) by redesignating subsections (d), (e), and (f) as subsections (e), (f), and (g), respectively; and (B) by inserting after subsection (c) the following new subsection (d): ``(d) An individual whom the Secretary of Defense determines is an eligible beneficiary under subsection (b) of section 1079b of title 10 may enroll in a health benefits plan under this chapter in accordance with the agreement entered into under subsection (a) of such section between the Secretary and the Office and with applicable regulations under this chapter.''. (2) Section 8906 of title 5, United States Code, is amended-- (A) in subsection (b)-- (i) in paragraph (1), by striking ``paragraphs (2) and (3)'' and inserting in lieu thereof ``paragraphs (2), (3), and (4)''; and (ii) by adding at the end the following new paragraph: ``(4) In the case of individuals who enroll in a health plan under section 8905(d) of this title, the Government contribution shall be determined under section 1079b(g) of title 10.''; and (B) in subsection (g)-- (i) in paragraph (1), by striking ``paragraph (2)'' and inserting in lieu thereof ``paragraphs (2) and (3)''; and (ii) by adding at the end the following new paragraph: ``(3) The Government contribution described in subsection (b)(4) for beneficiaries who enroll under section 8905(d) of this title shall be paid as provided in section 1079b(g) of title 10.''. (c) Implementation.--The Secretary of Defense-- (1) shall begin to offer the health benefits option under section 1079b(a) of title 10, United States Code (as added by subsection (a)) not later than the date that is 6 months after the date of the enactment of this Act; and (2) shall continue to offer such option through the year 2003, and to provide care to eligible covered beneficiaries under such section through the year 2005. (d) Authorization of Appropriations.--Out of funds authorized to be appropriated for the Department of Defense for military personnel, there shall be available to offer the health benefits option under section 1079b(a) of title 10, United States Code (as added by subsection (a)), the following: (1) $100 million for fiscal year 1999. (2) $200 million for fiscal year 2000. (3) $300 million for fiscal year 2001. (4) $400 million for fiscal year 2002. (5) $500 million for fiscal year 2003. (6) such sums as necessary for fiscal year 2004. (7) such sums as necessary for fiscal year 2005.

Military Health Care Fairness Act - Amends the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS) to allow certain eligible covered beneficiaries to enroll in any health benefits plan under the Federal Employee Health Benefits Program (FEHB) offering medical care comparable to that offered under CHAMPUS. Includes as an eligible beneficiary a military retiree (with an exception) or dependent who: (1) is not guaranteed access under TRICARE (a Department of Defense (DOD) managed care program) to health care comparable to health care provided under the FEHB; (2) is eligible to enroll in the TRICARE Program but is not so enrolled because of location, total enrollment limitations, or any other reason; or (3) is entitled to hospital insurance benefits under part A of title XVIII (Medicare) of the Social Security Act. Limits eligible beneficiaries during the first two years of enrollment to military retirees who are: (1) 65 years of age or older; or (2) retired or separated due to physical disability. States that any eligible beneficiary shall not be required to satisfy any FEHB eligibility criteria as a condition for enrollment. Provides for: (1) an enrollment period and a three-year minimum enrollment term; (2) authorized treatment in a military medical treatment facility; (3) enrollment contributions; (4) participation management by the Director of the Office of Personnel Management (OPM); and (5) annual reports from the Secretary of Defense and the OPM Director concerning the provision of such care. Directs the Secretary, within four years after the date of enactment of the National Defense Authorization Act for Fiscal Year 1999, to report to the Congress on whether such health care option should be made permanent and on the estimated costs of such option. Directs the Secretary to: (1) begin to offer such option no later than six months after enactment of this Act; and (2) continue to offer such option through 2003, and to provide care to eligible beneficiaries through 2005. Provides program funding for FY 1999 through 2005 from amounts authorized for appropriation to DOD for military personnel.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicaid State Long-Term Care Partnership Program Act of 2005''. SEC. 2. EXPANSION OF STATE LONG-TERM CARE PARTNERSHIP PROGRAM. (a) In General.--Section 1917(b) of the Social Security Act (42 U.S.C. 1396p(b)) is amended-- (1) in paragraph (1)(C)(i), by striking ``shall seek adjustment'' and inserting ``may seek adjustment''; (2) in paragraph (1)(C)(ii), by inserting ``or which has a State plan amendment that provides for a qualified State long- term care insurance partnership (as defined in clause (iii))'' after ``1993,''; (3) by adding at the end of paragraph (1)(C) the following new clauses: ``(iii) For purposes of this paragraph, the term `qualified State long-term care insurance partnership' means a State plan amendment under this title that provides for the disregard of any assets or resources in an amount equal to the insurance benefit payments that are made under a long-term care insurance policy (including a certificate issued under a group insurance contract), regardless of whether the policy was issued before the effective date of such plan amendment, if the following requirements are met: ``(I) The policy covers an insured who, when coverage first became effective under the policy, was a resident of such State or of another State that had such a partnership in effect or that had in effect a State plan amendment described in clause (ii) that was approved as of May 19, 1993. ``(II) The policy meets the requirements of State law in the State in which it is issued. ``(III) The policy is a qualified long-term care insurance policy (as defined in section 7702B(b) of the Internal Revenue Code of 1986). ``(IV) Such disregard shall not apply if the policy was originally issued to the insured when the insured resided in another State, unless that other State continues to have a qualified State long-term care insurance partnership in effect. ``(V) If the policy does not provide some level of inflation protection, the insured was offered, before the policy was sold, a long-term care insurance policy that provides some level of inflation protection. ``(VI) The State plan amendment provides for agent training for the sale of long-term care insurance policies under the partnership. ``(VII) The issuer of the policy provides regular reports to the Secretary that include, in accordance with regulations of the Secretary (promulgated after consultation with the States), notification regarding when all benefits provided under the policy have been paid and the amount of such benefits paid, when the policy otherwise terminates, and such other information as the Secretary determines may be appropriate to the administration of such partnerships. ``(VIII) The State does not impose any requirement affecting the terms or benefits of such a policy unless the State imposes such requirement on long-term care insurance policies without regard to whether the policy is covered under the partnership or is offered in connection with such a partnership. In the case of a long-term care insurance policy which is exchanged for another such policy, subclause (I) shall be applied based on the coverage of the first such policy that was exchanged. ``(iv) The Secretary-- ``(I) as appropriate, shall provide copies of the reports described in clause (iii)(VII) to the State involved; and ``(II) shall promote the education of consumers regarding qualified State long-term care insurance partnerships.''; and (4) in paragraph (4)(B), by striking ``(and shall include, in the case of an individual to whom paragraph (1)(C)(i) applies)''. (b) Application of Certain Requirements to Existing Partnership Programs.--Subparagraph (C) of such section, as amended by subsection (a), is further amended-- (1) in clause (ii), by inserting ``(subject to clause (v))'' after ``under a State plan of a State which''; and (2) by adding at the end the following new clause: ``(v) Clause (ii) shall continue to apply to a State plan amendment approved as of May 19, 1993, only if the State plan amendment-- ``(I) is modified by not later than 30 days after the date of the enactment of this Act to meet the requirements of subclauses (III) and (V) of clause (iii); and ``(II) is modified by not later than 1 year after such date of enactment to meet the requirement of clause (iii)(VI).''.

Medicaid State Long-Term Care Partnership Program Act of 2005 - Amends title XIX (Medicaid) with respect to the requirement that a state seek adjustment or recovery of any medical assistance correctly paid on behalf of an individual under the state plan in the case of an individual who has received (or is entitled to receive) benefits under a long-term care insurance policy in connection with which assets or resources are disregarded in specified manner. Converts to a discretionary option the current requirement that the state seek adjustment or recovery from an individual's estate on account of medical assistance paid on the individual's behalf for nursing facility and other long-term care services. Exempts from application of such authority the case of an individual who received medical assistance under a state plan of a state which has a state plan amendment that provides for a qualified state long-term care insurance partnership. Defines "qualified state long-term care insurance partnership" to mean a state plan amendment under title XIX that provides for the disregard of any assets or resources in an amount equal to the insurance benefit payments that are made under a long-term care insurance policy, regardless of whether the policy was issued before the effective date of such plan amendment, if specified requirements are met. Directs the Secretary of Health and Human Services to promote the education of consumers regarding qualified state long-term care insurance partnerships.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Enemy Belligerent Interrogation, Detention, and Prosecution Act of 2010''. SEC. 2. PLACEMENT OF SUSPECTED UNPRIVILEGED ENEMY BELLIGERENTS IN MILITARY CUSTODY. (a) Military Custody Requirement.--Whenever within the United States, its territories, and possessions, or outside the territorial limits of the United States, an individual is captured or otherwise comes into the custody or under the effective control of the United States who is suspected of engaging in hostilities against the United States or its coalition partners through an act of terrorism, or by other means in violation of the laws of war, or of purposely and materially supporting such hostilities, and who may be an unprivileged enemy belligerent, the individual shall be placed in military custody for purposes of initial interrogation and determination of status in accordance with the provisions of this Act. (b) Reasonable Delay for Intelligence Activities.--An individual who may be an unprivileged enemy belligerent and who is initially captured or otherwise comes into the custody or under the effective control of the United States by an intelligence agency of the United States may be held, interrogated, or transported by the intelligence agency and placed into military custody for purposes of this Act if retained by the United States within a reasonable time after the capture or coming into the custody or effective control by the intelligence agency, giving due consideration to operational needs and requirements to avoid compromise or disclosure of an intelligence mission or intelligence sources or methods. SEC. 3. INTERROGATION AND DETERMINATION OF STATUS OF SUSPECTED UNPRIVILEGED ENEMY BELLIGERENTS. (a) Establishment of Interrogation Groups.-- (1) Establishment authorized.--The President is authorized to establish an interagency team for purposes as follows: (A) To interrogate under subsection (b) individuals placed in military custody under section 2. (B) To make under subsection (c)(1) a preliminary determination of the status of individuals described in section 2. (2) Composition.--Each interagency team under this subsection shall be composed of such personnel of the Executive Branch having expertise in matters relating to national security, terrorism, intelligence, interrogation, or law enforcement as the President considers appropriate. The members of any particular interagency team may vary depending on the skills most relevant to a particular case. (3) Designations.-- (A) High-value detainee.--An individual placed in military custody under section 2 shall, while subject to interrogation and determination of status under this section, be referred to as a ``high-value detainee'' if the individual meets the criteria for treatment as such established in the regulations required by subsection (d). (B) High-value detainee interrogation group.--An interagency team established under this subsection shall be known as a ``high-value detainee interrogation group''. (b) Interrogations.-- (1) Interrogations to be conducted by high-value detainee interrogation group.--A high-value detainee interrogation group established under this section shall conduct the interrogations of each high-value detainee. (2) Utilization of other personnel.--A high-value detainee interrogation group may utilize military and intelligence personnel, and Federal, State, and local law enforcement personnel, in conducting interrogations of a high-value detainee. The utilization of such personnel for the interrogation of a detainee shall not alter the responsibility of the interrogation group for the coordination within the Executive Branch of the interrogation of the detainee or the determination of status and disposition of the detainee under this Act. (3) Inapplicability of certain statement and rights.--A individual who is suspected of being an unprivileged enemy belligerent shall not, during interrogation under this subsection, be provided the statement required by Miranda v. Arizona (384 U.S. 436 (1966)) or otherwise be informed of any rights that the individual may or may not have to counsel or to remain silent consistent with Miranda v. Arizona. (c) Determinations of Status.-- (1) Preliminary determination by high-value detainee interrogation group.--The high-value detainee interrogation group responsible for interrogating a high-value detainee under subsection (b) shall make a preliminary determination whether or not the detainee is an unprivileged enemy belligerent. The interrogation group shall make such determination based on the result of its interrogation of the individual and on all intelligence information available to the interrogation group. The interrogation group shall, after consultation with the Director of National Intelligence, the Director of the Federal Bureau of Investigation, and the Director of the Central Intelligence Agency, submit such determination to the Secretary of Defense and the Attorney General. (2) Final determination.--As soon as possible after receipt of a preliminary determination of status with respect to a high-value detainee under paragraph (1), the Secretary of Defense and the Attorney General shall jointly submit to the President and to the appropriate committees of Congress a final determination whether or not the detainee is an unprivileged enemy belligerent for purposes of this Act. In the event of a disagreement between the Secretary of Defense and the Attorney General, the President shall make the final determination. (3) Deadline for determinations.--All actions required regarding a high-value detainee under this subsection shall, to the extent practicable, be completed not later than 48 hours after the detainee is placed in military custody under section 2. (d) Regulations.-- (1) In general.--The operations and activities of high- value detainee interrogation groups under this section shall be governed by such regulations and guidance as the President shall establish for purposes of implementing this section. The regulations shall specify the officer or officers of the Executive Branch responsible for determining whether an individual placed in military custody under section 2 meets the criteria for treatment as a high-value detainee for purposes of interrogation and determination of status by a high-value interrogation group under this section. (2) Criteria for designation of individuals as high-value detainees.--The regulations required by this subsection shall include criteria for designating an individual as a high-value detainee based on the following: (A) The potential threat the individual poses for an attack on civilians or civilian facilities within the United States or upon United States citizens or United States civilian facilities abroad at the time of capture or when coming under the custody or control of the United States. (B) The potential threat the individual poses to United States military personnel or United States military facilities at the time of capture or when coming under the custody or control of the United States. (C) The potential intelligence value of the individual. (D) Membership in al Qaeda or in a terrorist group affiliated with al Qaeda. (E) Such other matters as the President considers appropriate. (3) Paramount purpose of interrogations.--The regulations required by this subsection shall provide that the paramount purpose of the interrogation of high-value detainees under this Act shall be the protection of United States civilians and United States civilian facilities through thorough and professional interrogation for intelligence purposes. (4) Submittal to congress.--The President shall submit the regulations and guidance required by this subsection to the appropriate committees of Congress not later than 60 days after the date of the enactment of this Act. SEC. 4. LIMITATION ON PROSECUTION OF ALIEN UNPRIVILEGED ENEMY BELLIGERENTS. (a) Limitation.--No funds appropriated or otherwise made available to the Department of Justice may be used to prosecute in an Article III court in the United States, or in any territory or possession of the United States, any alien who has been determined to be an unprivileged enemy belligerent under section 3(c)(2). (b) Applicability Pending Final Determination of Status.--While a final determination on the status of an alien high-value detainee is pending under section 3(c)(2), the alien shall be treated as an unprivileged enemy belligerent for purposes of subsection (a). SEC. 5. DETENTION WITHOUT TRIAL OF UNPRIVILEGED ENEMY BELLIGERENTS. An individual, including a citizen of the United States, determined to be an unprivileged enemy belligerent under section 3(c)(2) in a manner which satisfies Article 5 of the Geneva Convention Relative to the Treatment of Prisoners of War may be detained without criminal charges and without trial for the duration of hostilities against the United States or its coalition partners in which the individual has engaged, or which the individual has purposely and materially supported, consistent with the law of war and any authorization for the use of military force provided by Congress pertaining to such hostilities. SEC. 6. DEFINITIONS. In this Act: (1) Act of terrorism.--The term ``act of terrorism'' means an act of terrorism as that term is defined in section 101(16) of the Homeland Security Act of 2002 (6 U.S.C. 101(16)). (2) Alien.--The term ``alien'' means an individual who is not a citizen of the United States. (3) Appropriate committees of congress.--The term ``appropriate committees of Congress'' means-- (A) the Committee on Armed Services, the Committee on Homeland Security and Governmental Affairs, the Committee on the Judiciary, and the Select Committee on Intelligence of the Senate; and (B) the Committee on Armed Services, the Committee on Homeland Security, the Committee on the Judiciary, and the Permanent Select Committee on Intelligence of the House of Representatives. (4) Article iii court.--The term ``Article III court'' means a court of the United States established under Article III of the Constitution of the United States. (5) Coalition partner.--The term ``coalition partner'', with respect to hostilities engaged in by the United States, means any State or armed force directly engaged along with the United States in such hostilities or providing direct operational support to the United States in connection with such hostilities. (6) Geneva convention relative to the treatment of prisoners of war.--The term ``Geneva Convention Relative to the Treatment of Prisoners of War'' means the Geneva Convention Relative to the Treatment of Prisoners of War, done at Geneva August 12, 1949 (6 UST 3316). (7) Hostilities.--The term ``hostilities'' means any conflict subject to the laws of war, and includes a deliberate attack upon civilians and civilian targets protected by the laws of war. (8) Privileged belligerent.--The term ``privileged belligerent'' means an individual belonging to one of the eight categories enumerated in Article 4 of the Geneva Convention Relative to the Treatment of Prisoners of War. (9) Unprivileged enemy belligerent.--The term ``unprivileged enemy belligerent'' means an individual (other than a privileged belligerent) who-- (A) has engaged in hostilities against the United States or its coalition partners; (B) has purposely and materially supported hostilities against the United States or its coalition partners; or (C) was a part of al Qaeda at the time of capture. SEC. 7. EFFECTIVE DATE. This Act shall take effect on the date of the enactment of this Act, and shall apply with respect to individuals who are captured or otherwise come into the custody or under the effective control of the United States on or after that date.

Enemy Belligerent Interrogation, Detention, and Prosecution Act of 2010 - Requires an individual who is suspected of engaging in hostilities against the United States or its coalition partners through an act of terrorism and who may be an unprivileged enemy belligerent to be placed in military custody for purposes of initial interrogation and determination of status. Allows the detention and interrogation of such individuals for a reasonable time after capture or coming into custody. Defines "unprivileged enemy belligerent" as an individual who: (1) has engaged in hostilities against the United States or its coalition partners; (2) has purposely and materially supported hostilities against the United States or its coalition partners; or (3) was a part of al Qaeda at the time of capture. Authorizes the President to establish an interagency team composed of executive branch personnel with expertise in national security, terrorism, intelligence, interrogation, or law enforcement to interrogate an individual placed in military custody and to determine if such individual is an unprivileged enemy belligerent. Designates such team as a high-value detainee interrogation group. Designates certain individuals in military custody as high value detainees based upon the potential threat such individuals pose for an attack on the United States, its citizens, or military personnel, the potential intelligence value of such individuals, or membership in al Qaeda or an affiliated terrorist group. Directs the high-value detainee interrogation group to conduct interrogations of such individuals and make preliminary determinations whether such individuals are unprivileged enemy belligerents. Deems as the paramount purpose of such interrogations the protection of U.S. civilians and facilities through thorough and professional interrogation for intelligence purposes. Prohibits the use of Department of Justice (DOJ) appropriated funds to prosecute an unprivileged enemy belligerent in an Article III court. Allows the detention of an unprivileged enemy belligerent without criminal charges or trial for the duration of hostilities against the United States or its coalition partners in which the individual has engaged or which the individual has purposely and materially supported.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Service Members' Enhanced Transition Services Act of 2005''. SEC. 2. TRANSMITTAL TO DEPARTMENT OF VETERANS AFFAIRS OF MEDICAL RECORDS OF ALL MEMBERS SEPARATING FROM ACTIVE DUTY. Chapter 58 of title 10, United States Code, is amended-- (1) by inserting before subsection (c) of section 1142 the following: ``Sec. 1142a. Members separating from active duty: transmittal of medical records to Department of Veterans Affairs''; and (2) in section 1142a, as designated by paragraph (1)-- (A) by striking ``(c) Transmittal of Medical Information to Department of Veterans Affairs.--''; (B) by striking ``a member being medically separated or being retired under chapter 61 of this title'' and inserting ``each member of the armed forces being discharged, released from active duty, or retired''; and (C) by inserting ``of the member'' before the period at the end. SEC. 3. PRESEPARATION COUNSELING AND TRANSITION SERVICES. (a) Individualized Services, etc.--Subsection (a) of section 1142 of title 10, United States Code, is amended-- (1) in the first sentence of paragraph (1)-- (A) by striking ``shall (except as provided in paragraph (4)) provide for individual preseparation counseling of'' and inserting ``shall (except as provided in paragraph (7)) provide preseparation counseling and additional individualized transition services to''; and (B) by inserting ``under conditions other than dishonorable'' after ``active duty''; (2) by redesignating paragraph (4) as paragraph (7); and (3) by inserting after paragraph (3) the following new paragraphs: ``(4) For members of the reserve components being separated from service on active duty for a period of more than 30 days, the Secretary concerned shall require that preseparation counseling and services under this section be provided to all such members before the members are separated. ``(5) In carrying out this section, the Secretary concerned shall ensure that such counseling and services are provided to officers as well as enlisted members. ``(6) The Secretary concerned shall ensure that commanders of members who are required to be provided preseparation counseling and services under this section authorize the members to be provided such counseling and services during duty time.''. (b) Additional Information to Be Provided.--Subsection (b) of such section is amended-- (1) by striking ``Counseling.--Counseling under'' and inserting ``Counseling and Additional Individualized Transitional Services.--Counseling and additional individualized transitional services under''; (2) by striking ``(4) Information concerning Government'' and inserting the following: ``(4) Provision of information concerning civilian occupations and related assistance programs, including information about-- ``(A) certification and licensure requirements that are applicable to civilian occupations; ``(B) civilian occupations that correspond to military occupational specialties; and ``(C) Government''; and (3) by adding at the end the following new paragraphs: ``(11) Information concerning the priority of service for veterans in the receipt of employment, training, and placement services provided under qualified job training programs of the Department of Labor. ``(12) Information concerning veterans small business ownership and entrepreneurship programs of the Small Business Administration and the National Veterans Business Development Corporation. ``(13) Information concerning employment and reemployment rights and obligations under chapter 43 of title 38. ``(14) Information concerning veterans preference in Federal employment and Federal procurement opportunities. ``(15) Information concerning homelessness, including risk factors, awareness assessment, and contact information for preventative assistance associated with homelessness. ``(16) Contact information for housing counseling and assistance. ``(17) A description (to be developed with the assistance of the Secretary of Veterans Affairs) of the health care and other benefits to which the member may be entitled under the laws administered by the Secretary of Veterans Affairs. ``(18) In the case of a member who, as determined pursuant to the preseparation physical examination conducted under section 1145(d) of this title, may be eligible for compensation or pension benefits under the laws administered by the Secretary of Veterans Affairs, a referral (to be provided with the assistance of the Secretary of Veterans Affairs) for a medical examination by the Secretary of Veterans Affairs referred to as a compensation and pension examination.''. (c) Additional Provisions.--Such section is further amended by adding at the end the following new subsections: ``(c) Content Relevant to Regular and Reserve Component Members.-- The Secretary concerned shall ensure that preseparation counseling and services under this section include material that is specifically relevant to the needs of members being separated from active duty from a regular component, the needs of members of the reserve components being separated from active duty, and the needs of members of the National Guard being separated from full-time National Guard duty. ``(d) Locations for Services to Be Provided.--The Secretary concerned shall ensure that the locations at which preseparation counseling and services are provided under this section include the following: ``(1) Each military installation under the jurisdiction of the Secretary. ``(2) Each armory and military family support center of the National Guard. ``(3) Each inpatient medical care facility of the uniformed services. ``(4) In the case of a member on the temporary disability retired list under section 1202 or 1205 of this title who is being retired under another provision of this title or is being discharged, a location reasonably convenient to the member. Counselors for the provision of preseparation counseling and services may be made available on a appointment basis and need not be stationed at the facilities specified in paragraphs (1) through (4) permanently. ``(e) Consistency of Materials.--The Secretary concerned shall ensure that the scope and content of the materials presented as part of preseparation counseling and services at each location under this section are consistent with the scope and content of the materials presented as part of the preseparation counseling and services at the other locations under this section. ``(f) Post-Separation Follow-Up for Reserve Component Members.--The Secretary concerned shall ensure that follow-up counseling is provided for each member of a reserve component separated from active duty not later than 180 days after such separation. ``(g) Updated Content of Materials and Activities.--The Secretary concerned shall, on a continuing basis, update the content of the materials used by the National Veterans Training Institute and other activities of the Secretary that provide direct training support to personnel who provide preseparation counseling and other services under this section. ``(h) National Guard Members on Duty in State Status.--Members of the National Guard being separated from duty to which ordered under section 502(f) of title 32 shall be provided preseparation counseling and services under this section to the same extent that members of a reserve component being discharged or released from active duty are provided preseparation counseling and services under this section. ``(i) Minimum Required Individualized Services.--(1) In carrying out this section, the Secretary concerned ensure that at least eight hours of individualized transition services are provided, in addition to preseparation counseling and group workshops, for each member provided counseling and services under this section. ``(2) In order to ensure that the requirements of paragraph (1) are met, the Secretary concerned shall ensure, for each fiscal year, that there is allocated, from the appropriate operation and maintenance or military personnel accounts, such amounts as necessary to provide for the individualized transition services required under that paragraph for each member expected to receive such services during the fiscal year.''. (d) Clerical Amendments.-- (1) Section heading.--The heading for section 1142 of such title is amended to read as follows: ``Sec. 1142. Members separating from active duty: preseparation counseling and transition services''. (2) Table of sections.--The table of sections at the beginning of chapter 58 of such title is amended by striking the item relating to section 1142 and inserting the following new items: ``1142. Members separating from active duty: preseparation counseling and transition services. ``1142a. Members separating from active duty: transmittal of medical records to Department of Veterans Affairs.''. SEC. 4. DEPARTMENT OF LABOR TRANSITIONAL ASSISTANCE PROGRAM. (a) Additional Elements of Program.--Subsection (b) of section 1144 of title 10, United States Code, is amended by adding at the end the following new paragraphs: ``(9) Provide information concerning the priority of service for veterans in the receipt of employment, training, and placement services provided under qualified job training programs of the Department of Labor. ``(10) Provide information concerning veterans small business ownership and entrepreneurship programs of the Small Business Administration and the National Veterans Business Development Corporation. ``(11) Provide information concerning employment and reemployment rights and obligations under chapter 43 of title 38. ``(12) Provide information concerning veterans preference in Federal employment and Federal procurement opportunities. ``(13) Provide information concerning homelessness, including risk factors, awareness assessment, and contact information for preventative assistance associated with homelessness. ``(14) Provide contact information for housing counseling and assistance. ``(15) A description (to be developed with the assistance of the Secretary of Veterans Affairs) of the health care and other benefits to which the member may be entitled under the laws administered by the Secretary of Veterans Affairs. ``(16) In the case of a member who, as determined pursuant to the preseparation physical examination conducted under section 1145(d) of this title, may be eligible for compensation or pension benefits under the laws administered by the Secretary of Veterans Affairs, a referral (to be provided with the assistance of the Secretary of Veterans Affairs) for a compensation and pension examination by the Secretary of Veterans Affairs.''. (b) Required Participation for Certain Members.--Subsection (c) of such section is amended to read as follows: ``(c) Participation.--(1) Subject to paragraph (2), the Secretary of Defense and the Secretary of Homeland Security shall require participation by members of the armed forces eligible for assistance under the program carried out under this section. ``(2) The Secretary of Defense and the Secretary of Homeland Security need not require, but shall encourage and otherwise promote, participation in the program by the following members described in paragraph (1): ``(A) A member who has previously participated in the program. ``(B) A member who, upon discharge or release from active duty, is returning to-- ``(i) a position of employment; or ``(ii) pursuit of an academic degree or other educational or occupational training objective that the member was pursuing when called or ordered to such active duty. ``(3) Members of the armed forces eligible for assistance under this section include members of the reserve components being separated from service on active duty for a period of more than 30 days and members of the National Guard being separated from full-time National Guard duty. ``(4) The Secretary concerned shall ensure that commanders of members who are required to be provided assistance under this section authorize the members to be provided such assistance during duty time.''. (c) Required Updating of Materials.--Such section is further amended by adding at the end the following new subsection: ``(e) Updating of Materials.--The Secretary shall, on a continuing basis, update the content of the materials used by the National Veterans Training Institute of the Department of Labor and the Secretary's other materials that provide direct training support to personnel who carry out the program established in this section.''. (d) Cross-Reference Amendment.--Subsection (a)(1) of such section is amended by striking ``paragraph (4)(A)'' in the second sentence and inserting ``paragraph (7)(A)''.

Service Members' Enhanced Transition Services Act of 2005 - Requires the Secretary concerned to transmit to the Secretary of Veterans Affairs the service medical records of each Armed Forces member who is entitled to preseparation counseling and other services. Directs the Secretary concerned to: (1) require preseparation counseling for members (including officers) of reserve components being separated from service on active duty for more than 30 days; and (2) ensure that commanders authorize such members to obtain counseling during duty time. Requires preseparation counseling on: (1) certification and licensure requirements for civilian occupations; (2) civilian occupations that correspond to military occupational specialties; and (3) Government employment. Enlarges the scope of counseling topics. Extends preseparation counseling to members of the National Guard being separated from long-term duty. States that counseling locations shall include: (1) military installations; (2) armories and military family support centers of the National Guard; (3) Armed Forces inpatient medical care facilities; and (4) locations reasonably convenient for members on the temporary disability retired list. Directs the Secretaries of Defense and Homeland Security to require participation in the Department of Labor transitional services program unless members previously participated in the program or are returning to previously held employment or educational pursuits. Enlarges the scope of the Department of Labor transitional services program. Makes members of the reserve components being separated from service on active duty for a period of more than 30 days and members of the National Guard being separated from full-time National Guard duty eligible for such program.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Puerto Rico Medicare Part B Equity Act of 2013''. SEC. 2. APPLICATION OF PART B DEEMED ENROLLMENT PROCESS TO RESIDENTS OF PUERTO RICO; SPECIAL ENROLLMENT PERIOD AND LIMIT ON LATE ENROLLMENT PENALTIES. (a) Application of Part B Deemed Enrollment Process to Residents of Puerto Rico.--Section 1837(f)(3) of the Social Security Act (42 U.S.C. 1395p(f)(3)) is amended by striking ``, exclusive of Puerto Rico''. (b) Effective Date.--The amendment made by subsection (a) shall apply to individuals whose initial enrollment period under section 1837(d) of the Social Security Act begins on or after the first day of the effective month, specified by the Secretary of Health and Human Services under section 1839(j)(1)(C) of such Act, as added by subsection (c)(2). (c) Transition Providing Special Enrollment Period and Limit on Late Enrollment Penalties for Certain Medicare Beneficiaries.--Section 1839 of the Social Security Act (42 U.S.C. 1395r) is amended-- (1) in the first sentence of subsection (b), by inserting ``subject to section 1839(j)(2),'' after ``subsection (i)(4) or (l) of section 1837,''; and (2) by adding at the end the following new subsection: ``(j) Special Rules for Certain Residents of Puerto Rico.-- ``(1) Special enrollment period, coverage period for residents who are eligible but not enrolled.-- ``(A) In general.--In the case of a transition individual (as defined in paragraph (3)) who is not enrolled under this part as of the day before the first day of the effective month (as defined in subparagraph (C)), the Secretary shall provide for a special enrollment period under section 1837 of 7 months beginning with such effective month during which the individual may be enrolled under this part. ``(B) Coverage period.--In the case of such an individual who enrolls during such special enrollment period, the coverage period under section 1838 shall begin on the first day of the second month after the month in which the individual enrolls. ``(C) Effective month defined.--In this section, the term `effective month' means a month, not earlier than October 2014 and not later than January 2015, specified by the Secretary. ``(2) Reduction in late enrollment penalties for current enrollees and individuals enrolling during transition.-- ``(A) In general.--In the case of a transition individual who is enrolled under this part as of the day before the first day of the effective month or who enrolls under this part on or after the date of the enactment of this subsection but before the end of the special enrollment period under paragraph (1)(A), the amount of the late enrollment penalty imposed under section 1839(b) shall be recalculated by reducing the penalty to 15 percent of the penalty otherwise established. ``(B) Application.--Subparagraph (A) shall be applied in the case of a transition individual who-- ``(i) is enrolled under this part as of the month before the effective month, for premiums for months beginning with such effective month; or ``(ii) enrolls under this part on or after the date of the enactment of this Act and before the end of the special enrollment period under paragraph (1)(A), for premiums for months during the coverage period under this part which occur during or after the effective month. ``(C) Loss of reduction if individual terminates enrollment.--Subparagraph (A) shall not apply to a transition individual if the individual terminates enrollment under this part after the end of the special enrollment period under paragraph (1). ``(3) Transition individual defined.--In this section, the term `transition individual' means an individual who resides in Puerto Rico and who would have been deemed enrolled under this part pursuant to section 1837(f) before the first day of the effective month but for the fact that the individual was a resident of Puerto Rico, regardless of whether the individual is enrolled under this part as of such first day.''.

Puerto Rico Medicare Part B Equity Act of 2013 - Amends title XVIII (Medicare) of the Social Security Act to repeal the exclusion of residents of Puerto Rico from deemed enrollment under part B (Supplementary Medical Insurance Benefits) and thus apply it to them. Directs the Secretary of Health and Human Services (HHS) to provide for a special seven-month enrollment period for such residents. Requires recalculation of the late enrollment penalty to 15% of the usual penalty for residents of Puerto Rico who are current enrollees or who enroll during a specified transition period.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Taxpayer ID Protection and Fraud Prevention Act''. SEC. 2. INCOME TAX REFUNDS WITH RESPECT TO ELECTRONICALLY FILED RETURNS REQUIRED TO BE MADE BY ELECTRONIC FUNDS TRANSFER. (a) In General.--Section 6402 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(n) Refunds To Be Made by Electronic Funds Transfer.-- ``(1) In general.--Except as otherwise provided in this subsection, any refund or payment made by the Secretary under this title with respect to an income tax return which is filed electronically shall be made by electronic funds transfer. ``(2) Exceptions.--The Secretary may, based on standards developed by the Secretary, waive the application of paragraph (1) to refunds or payments-- ``(A) to persons or classes of persons for whom compliance imposes a hardship, including persons who do not have access to any of the methods by which the Secretary makes payments by electronic funds transfer (including bank accounts, prepaid debit cards, Direct Express Cards, digital wallets, and any other secured electronic payment method as may identified by the Secretary), and ``(B) in other circumstances as may be necessary. ``(3) Regulations.--The Secretary shall issue such regulations or other guidance as may be necessary to increase the percentage of refunds and payments made by electronic funds transfer, including regulations or other guidance which-- ``(A) requires recipients of refunds or payments required to be made by electronic funds transfer to-- ``(i) designate one or more financial institutions or other authorized agents to which such payments shall be made, and ``(ii) provide information necessary for such recipient to receive such refund or payment by electronic funds transfer, and ``(B) ensures that persons required to have an account at a financial institution under subparagraph (A) because of the application of paragraph (1)-- ``(i) will have access to such an account at a reasonable cost, and ``(ii) are given the same consumer protections with respect to such account as other account holders at the same financial institution.''. (b) No Inference With Respect to Form of Electronic Funds Transfer.--Nothing in the amendment made by this section shall be interpreted to restrict the form of electronic funds transfer by which the Secretary of the Treasury, or his designee, may make refunds or payments. (c) Effective Date.--The amendment made by this section shall apply to refunds and payments made after December 31, 2019. SEC. 3. REFUNDS TO PREPAID DEBIT CARDS, DIRECT EXPRESS CARDS, ETC. The Secretary of the Treasury, or his designee, shall-- (1) to the maximum extent practicable, allow income tax refunds to be made by electronic funds transfer to prepaid debit cards, Direct Express cards, digital wallets, and any other secure electronic payment method as may be determined by the Secretary, (2) ensure that taxpayers are aware of the various methods referred to in paragraph (1) by which taxpayers may received income tax refunds by electronic funds transfer, and (3) revise references in materials provided to taxpayers (including income tax returns and instructions) to ensure that the various accounts to which refunds may be made are referenced, not simply checking and savings accounts. SEC. 4. REPORT ON IMPLEMENTATION OF REQUIREMENT THAT ALL INCOME TAX REFUNDS BE MADE BY ELECTRONIC FUNDS TRANSFER. Not later than the date which is 1 year after the date of the enactment of this Act, the Secretary of the Treasury, or the Secretary's delegate, shall submit a written report to Congress describing how the Secretary would implement a requirement that all income tax refunds be made by electronic funds transfer. Such report shall include any legislative recommendations that the Secretary may have with respect to the implementation of such a requirement. SEC. 5. DECREASE IN RETURN THRESHOLD FOR REQUIRING ELECTRONIC FILING. (a) In General.--Section 6011(e)(2)(A) of the Internal Revenue Code of 1986 is amended by striking ``250'' and inserting ``25''. (b) Effective Date.--The amendment made by this section shall apply to returns the due date for which (determined without regard to extensions) is after December 31, 2018. SEC. 6. MODIFICATION OF EARLIEST DATE ON WHICH CREDITS OR REFUNDS IN CONNECTION WITH CHILD TAX CREDIT AND EARNED INCOME TAX CREDIT ARE MADE. (a) In General.--Section 6402(m) of the Internal Revenue Code of 1986 is amended by striking ``the 15th day of the second month'' and inserting ``the 1st day of the third month''. (b) Effective Date.--The amendment made by this section shall apply to credits or refunds made after December 31, 2018. SEC. 7. ANNUAL REPORT ON IMPROPER PAYMENTS. The Secretary of the Treasury, or the Secretary's delegate, shall annually submit a written report to Congress which identifies the aggregate amounts of improper payments made by the Internal Revenue Service. Such report shall separately state the aggregate amount of such payments by relevant subcategories. Such subcategories shall include underpayments, overpayments, payments attributable to identity theft, payments attributable to misidentification other than identity theft, payments attributable to other fraud, and such other subcategories as the Secretary determines would be useful. SEC. 8. PUBLIC-PRIVATE PARTNERSHIP TO ADDRESS IDENTITY THEFT. The Secretary of the Treasury (or the Secretary's delegate) shall work collaboratively with the public and private sectors to protect taxpayers from identity theft refund fraud. SEC. 9. RECOMMENDATIONS OF ELECTRONIC TAX ADMINISTRATION ADVISORY COMMITTEE REGARDING IDENTITY THEFT REFUND FRAUD. The Secretary of the Treasury shall ensure that the advisory group convened by the Secretary pursuant to section 2001(b)(2) of the Internal Revenue Service Restructuring and Reform Act of 1998 (commonly known as the Electronic Tax Administration Advisory Committee) studies (including by providing organized public forums) and makes recommendations to the Secretary regarding methods to prevent identity theft refund fraud.

Taxpayer ID Protection and Fraud Prevention Act This bill amends the Internal Revenue Code to establish or modify various requirements related to protecting taxpayer identities and filing tax returns electronically. The bill requires: tax refunds for electronically filed returns to be made by electronic funds transfer with certain exceptions; the Internal Revenue Service (IRS), to the maximum extent practicable, to allow income tax refunds to be made by electronic funds transfer to prepaid debit cards, Direct Express cards, digital wallets, and other secure electronic payment methods; the IRS to report to Congress annually on improper payments made by the IRS; the IRS to work collaboratively with the public and private sectors to protect taxpayers from identity theft refund fraud; and the Department of the Treasury to ensure that the Electronic Tax Administration Advisory Committee studies (including by providing organized public forums) and makes recommendations to Treasury regarding methods to prevent identity theft refund fraud. The bill also: decreases from 250 to 25 the minimum number of tax returns a taxpayer must be required to file during the year to allow the IRS to require electronic filing, and changes the earliest date on which credits or refunds may be made for the child tax credit or the earned income tax credit to the 1st day of the third month (currently the 15th day of the second month) following the close of the taxable year.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Royalty Relief for American Consumers Act of 2010''. SEC. 2. PRICE THRESHOLDS FOR ROYALTY SUSPENSION PROVISIONS. The Secretary of the Interior shall agree to a request by any lessee to amend any lease issued for any Central and Western Gulf of Mexico tract during the period of January 1, 1998, through December 31, 1999, to incorporate price thresholds applicable to royalty suspension provisions, that are equal to or less than the price thresholds described in clauses (v) through (vii) of section 8(a)(3)(C) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(a)(3)(C)). Any amended lease shall impose the new or revised price thresholds effective October 1, 2010. Existing lease provisions shall prevail through September 30, 2010. SEC. 3. ELIGIBILITY FOR NEW LEASES AND THE TRANSFER OF LEASES; CONSERVATION OF RESOURCES FEES. (a) Issuance of New Leases.-- (1) In general.--The Secretary shall not issue any new lease that authorizes the production of oil or natural gas in the Gulf of Mexico under the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) to a person described in paragraph (2) unless-- (A) the person has renegotiated each covered lease with respect to which the person is a lessee, to modify the payment responsibilities of the person to include price thresholds that are equal to or less than the price thresholds described in clauses (v) through (vii) of section 8(a)(3)(C) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(a)(3)(C)); or (B) the person has-- (i) paid all fees established by the Secretary under subsection (b) that are due with respect to each covered lease for which the person is a lessee; or (ii) entered into an agreement with the Secretary under which the person is obligated to pay such fees. (2) Persons described.--A person referred to in paragraph (1) is a person that-- (A) is a lessee that-- (i) holds a covered lease on the date on which the Secretary considers the issuance of the new lease; or (ii) was issued a covered lease before the date of enactment of this Act, but transferred the covered lease to another person or entity (including a subsidiary or affiliate of the lessee) after the date of enactment of this Act; or (B) any other person or entity who has any direct or indirect interest in, or who derives any benefit from, a covered lease. (3) Multiple lessees.-- (A) In general.--For purposes of paragraph (1), if there are multiple lessees that own a share of a covered lease, the Secretary may implement separate agreements with any lessee with a share of the covered lease that modifies the payment responsibilities with respect to the share of the lessee to include price thresholds that are equal to or less than the price thresholds described in clauses (v) through (vii) of section 8(a)(3)(C) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(a)(3)(C)). (B) Treatment of share as covered lease.--Beginning on the effective date of an agreement under subparagraph (A), any share subject to the agreement shall not constitute a covered lease with respect to any lessees that entered into the agreement. (b) Conservation of Resources Fees.-- (1) In general.--Not later than 60 days after the date of enactment of this Act, the Secretary of the Interior by regulation shall establish-- (A) a conservation of resources fee for producing Federal oil and gas leases in the Gulf of Mexico; and (B) a conservation of resources fee for nonproducing Federal oil and gas leases in the Gulf of Mexico. (2) Producing lease fee terms.--The fee under paragraph (1)(A)-- (A) subject to subparagraph (C), shall apply to covered leases that are producing leases; (B) shall be set at $9 per barrel for oil and $1.25 per million Btu for gas, respectively, in 2005 dollars; and (C) shall apply only to production of oil or gas occurring-- (i) in any calendar year in which the arithmetic average of the daily closing prices for light sweet crude oil on the New York Mercantile Exchange (NYMEX) exceeds $34.73 per barrel for oil and $4.34 per million Btu for gas in 2005 dollars; and (ii) on or after October 1, 2010. (3) Nonproducing lease fee terms.--The fee under paragraph (1)(B)-- (A) subject to subparagraph (C), shall apply to leases that are nonproducing leases; (B) shall be set at $3.75 per acre per year in 2005 dollars; and (C) shall apply on and after October 1, 2010. (4) Treatment of receipts.--Amounts received by the United States as fees under this subsection shall be treated as offsetting receipts. (c) Transfers.--A lessee or any other person who has any direct or indirect interest in, or who derives a benefit from, a lease shall not be eligible to obtain by sale or other transfer (including through a swap, spinoff, servicing, or other agreement) any covered lease, the economic benefit of any covered lease, or any other lease for the production of oil or natural gas in the Gulf of Mexico under the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.), unless-- (1) the lessee or other person has-- (A) renegotiated all covered leases of the lessee or other person; and (B) entered into an agreement with the Secretary to modify the terms of all covered leases of the lessee or other person to include limitations on royalty relief based on market prices that are equal to or less than the price thresholds described in clauses (v) through (vii) of section 8(a)(3)(C) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(a)(3)(C)); or (2) the lessee or other person has-- (A) paid all fees established by the Secretary under subsection (b) that are due with respect to each covered lease for which the person is a lessee; or (B) entered into an agreement with the Secretary under which the person is obligated to pay such fees. (d) Definitions.--In this section-- (1) Covered lease.--The term ``covered lease'' means a lease for oil or gas production in the Gulf of Mexico that is-- (A) in existence on the date of enactment of this Act; (B) issued by the Department of the Interior under section 304 of the Outer Continental Shelf Deep Water Royalty Relief Act (43 U.S.C. 1337 note; Public Law 104-58); and (C) not subject to limitations on royalty relief based on market price that are equal to or less than the price thresholds described in clauses (v) through (vii) of section 8(a)(3)(C) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(a)(3)(C)). (2) Lessee.--The term ``lessee'' includes any person or other entity that controls, is controlled by, or is in or under common control with, a lessee. (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior.

Royalty Relief for American Consumers Act of 2010 - Directs the Secretary of the Interior to agree to a request by a lessee to amend any lease issued for any Central and Western Gulf of Mexico tract between January 1, 1998, and January 1, 2000, to incorporate price thresholds applicable to royalty suspension provisions that are equal to or less than specified price thresholds described in the Outer Continental Shelf Lands Act (OCSLA). Requires: (1) an amended lease to impose the new or revised price thresholds effective October 1, 2010; and (2) existing lease provisions to prevail through September 30, 2010. Prohibits the Secretary from issuing a new lease to certain persons or entities with any direct or indirect interest in, or who derive any benefit from, a covered lease unless they renegotiate the lease to include such price thresholds or have paid or formally agreed to pay all conservation of resources fees established under this Act. Directs the Secretary to establish a conservation of resources fee for producing and nonproducing federal oil and gas leases in the Gulf of Mexico. Applies the same lease renegotiation and conservation of resources fee payment eligibility criteria to any lessee or other interested person who seeks to obtain by sale or transfer (including through a swap, spinoff, servicing, or other agreement) any covered lease, the economic benefit of any covered lease, or any other lease for the production of oil or natural gas in the Gulf of Mexico under OCSLA.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Wi-Net Act''. SEC. 2. INSTALLATION OF WI-FI HOTSPOTS AND WIRELESS NEUTRAL HOST SYSTEMS IN ALL FEDERAL BUILDINGS. (a) In General.--The Administrator of the General Services Administration shall-- (1) install Wi-Fi hotspots in all publicly accessible Federal buildings constructed after the date of enactment of this Act; (2) allow for the installation of wireless neutral host systems by any eligible carriers upon request in all publicly accessible Federal buildings; and (3) in a manner consistent with sound management principles, retrofit all Federal buildings constructed prior to the date of enactment of this Act on a timetable that reflects the importance of wireless communication to the Federal functions being performed by the occupants of such buildings, provided that all such building shall be retrofitted not later than December 31, 2013. (b) Funding.--There shall be made available from the Federal Buildings Fund established under section 592 of title 40, United States Code, $15,000,000 to carry out this section. Such sums shall be derived from the unobligated balance of amounts made available from the Federal Buildings Fund for fiscal year 2010, and prior fiscal years, for repairs and alterations and other activities (excluding amounts made available for the energy program). Such sums shall remain available until expended. SEC. 3. FEDERAL EASEMENTS AND RIGHTS-OF-WAY. (a) Grant.--If an executive agency, a State, a political subdivision or agency of a State, or a person applies for the grant of an easement or rights-of-way to, in, over, or on a building owned by the Federal Government for the right to install, construct, and maintain wireless transmitters and backhaul transmission, the executive agency having control of the building may grant to the applicant, on behalf of the Federal Government, an easement or rights-of-way to perform such installation, construction, and maintenance. (b) Application.--The Administrator of the General Services Administration shall develop a common form for rights-of-way applications required under subsection (a) for all executive agencies that shall be used by applicants with respect to the buildings of each such agency. (c) Fee.-- (1) In general.--Notwithstanding any other provision of law, in making a grant of an easement or rights-of-way pursuant to subsection (a), the Administrator of the General Services Administration shall establish a reasonable fee for the award of such grant that is based on fair market prices. (2) Exceptions.--The Administrator of the General Services Administration may establish exceptions to the fee amount required under paragraph (1)-- (A) in consideration of the public benefit provided by a grant of an easement or rights-of-way; and (B) in the interest of expanding wireless and broadband coverage. (d) Use of Fees Collected.--Any fee amounts collected by an executive agency pursuant to subsection (b) shall be used by the agency for the construction and maintenance of Wi-Fi hotspots and wireless neutral host systems. SEC. 4. MASTER CONTRACTS FOR WIRELESS TRANSMITTER SITINGS. (a) In General.--Notwithstanding section 704 of the Telecommunications Act of 1996, or any regulation pursuant thereto, or any other provision of law, and not later than 60 days after the date of enactment of this Act, the Administrator of the General Services Administration shall develop one or more master contracts that shall govern the placement of wireless transmitters on buildings owned by the Federal Government. Such master contract shall, with respect to the siting of wireless transmitters, standardize the treatment of covering rooftop space, equipment, and technology, and any other key issues that the Administrator determines appropriate. (b) Applicability.--The master contract developed by the Administrator of the General Services Administration under subsection (a) shall apply to all publicly accessible buildings owned by the Federal Government, unless the Administrator decides that local issues with respect to the siting of wireless transmitters requires non- standard treatment of a specific building. (c) Application.--The Administrator of the General Services Administration shall develop a common form or set of forms for wireless transmitter siting applications required under this section for all executive agencies that shall be used by applicants with respect to the buildings of each such agency. SEC. 5. DEFINITIONS. As used in this Act: (1) Wireless neutral host system.--The term ``wireless neutral host system'' means a small cellular communications base station and related antenna, such as a femtocell, picocell, or similar device or apparatus, that is connected to a broadband service to provide-- (A) improved cellular coverage within a building; and (B) increased network capacity. (2) Wi-fi hotspot.--The term ``Wi-Fi hotspot'' means a site or area in which the public can access the Internet via a wireless connection.

Federal Wi-Net Act - Requires the Administrator of the General Services Administration (GSA) to: (1) install or retrofit wireless Internet connections in federal buildings; and (2) allow eligible carriers, upon request, to install wireless neutral host systems in all publicly accessible federal buildings. Authorizes the executive agency controlling a federal government building to grant an easement or rights-of-way, for the installation, construction, and maintenance of wireless transmitters and backhaul transmission, to an executive agency, state, or individual applicant. Requires the Administrator to establish a fee for awarding such easement or rights-of-way that is based on fair market prices, subject to certain exceptions. Requires any fees collected to be used by the relevant agency for construction and maintenance of Wi-Fi hotspots and wireless neutral host systems. Directs the Administrator to develop one or more master contracts to govern the placement of wireless transmitters on federal government buildings.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``United States Textbook and Technology Trust Fund Act''. SEC. 2. UNITED STATES TEXTBOOK AND TECHNOLOGY TRUST FUND. (a) Designation of Overpayments and Contributions for United States Textbook and Technology Trust Fund.--Subchapter A of chapter 61 of theInternal Revenue Code of 1986 is amended by adding at the end the following new part: ``PART IX--DESIGNATION OF OVERPAYMENTS AND CONTRIBUTIONS FOR UNITED STATES TEXTBOOK AND TECHNOLOGY TRUST FUND ``Sec. 6097. Designation. ``SEC. 6097. DESIGNATION. ``(a) In General.--In the case of an individual, with respect to each return of the taxpayer for the taxable year of the tax imposed by chapter 1, such taxpayer may designate that-- ``(1) $1 of any overpayment of tax for such taxable year, and ``(2) any cash contribution which the taxpayer includes with such return, shall be paid over to the United States Textbook and Technology Trust Fund in accordance with the provisions of section 9512. In the case of a joint return with respect to which an overpayment of $2 or more is due, each spouse may designate that $1 shall be paid to such trust fund. ``(b) Manner and Time of Designation.--A designation under the subsection (a) may be made with respect to any taxable year-- ``(1) at the time of filing the return of the tax imposed by chapter 1 for such taxable year, or ``(2) at any other time (after the time of filing the return of the tax imposed by chapter 1 for such taxable year) specified in regulations prescribed by the Secretary. Such designation shall be made in such manner as the Secretary prescribes by regulations except that such designation shall be made either on the first page of the return or on the page bearing the taxpayer's signature. ``(c) Overpayments Treated as Refunded.--For purposes of this title, any portion of an overpayment of tax designated under subsection (a) shall be treated as being refunded to the taxpayer as of the last date prescribed for filing the return of tax imposed by chapter 1 (determined without regard to extension).'' (b) Creation of Trust Fund.--Subchapter A of chapter 98 of such Code is amended by adding at the end the following new section: ``SEC. 9512. UNITED STATES TEXTBOOK AND TECHNOLOGY TRUST FUND. ``(a) Creation of Trust Fund.--There is established in the Treasury of the United States a trust fund to be known as the `United States Textbook and Technology Trust Fund', consisting of such amounts as may be credited or paid to such trust fund as provided in section 6097 or section 9602(b). ``(b) Transfers to Trust Fund.--There are hereby appropriated to the United States Textbook and Technology Trust Fund amounts equivalent to-- ``(1) the amounts of the overpayments of tax to which designations under section 6097 apply, and ``(2) the amounts of contributions made under section 6097 to such trust fund. ``(c) Expenditures From Trust Fund.--Amounts in the United States Textbook and Technology Trust Fund shall be available, as provided in appropriations Acts, for purposes of making expenditures to carry out section 3 of the United States Textbook and Technology Trust Fund Act.'' (c) Clerical Amendments.-- (1) The table of parts for subchapter A of chapter 61 of such Code is amended by adding at the end the following new item: ``Part IX. Designation of overpayments and contributions for United States Textbook and Technology Trust Fund.'' (2) The table of sections for subchapter A of chapter 98 of such Code is amended by adding at the end the following new item: ``Sec. 9512. United States Textbook and Technology Trust Fund.'' (d) Effective Date.--The amendments made by this section shall apply to taxable years ending after the date of the enactment of this Act. SEC. 3. GRANTS TO SCHOOLS. (a) Eligibility of Public Schools.--A public elementary school (as such term is defined in section 14101 of the Elementary and Secondary Education Act of 1965) or secondary school (as such term is defined in such section) is eligible to receive a grant under this section from the United States Textbook and Technology Trust Fund established pursuant to section 9512 of the Internal Revenue Code of 1986 for any fiscal year by submitting an application to the Secretary of Education that includes-- (1) certification that the school does not have the financial resources available to purchase new textbooks or computer software containing textbook content; (2) assurances that funds received under this section will be used only to purchase new textbooks or computer software containing textbook content for the school; (3) assurances that funds received under this section will be used to supplement, not supplant, other funds received by such school; and (4) an agreement to make available any financial records that the Secretary may need for audit purposes. (b) Grant Selection.--The Secretary of Education shall select the number of grant awards made under this section and the amount of each such award based upon economic need in accordance with regulations published by the Secretary.

United States Textbook and Technology Trust Fund Act - Amends the Internal Revenue Code to permit an individual to designate on a tax return that there shall be paid into the United States Textbook and Technology Fund (the Fund): (1) one dollar of a tax overpayment; and (2) any cash contribution which the individual includes in the return. Creates such Fund. Makes qualifying public elementary and secondary schools eligible to receive grants from the Fund.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Video Visitation and Inmate Calling in Prisons Act of 2017''. SEC. 2. FCC REGULATION OF VIDEO VISITATION SERVICE AND INMATE CALLING SERVICE. (a) Definitions.--In this section: (1) Ancillary service charge.--The term ``ancillary service charge'' means any charge that a consumer may be assessed for the use of inmate calling services that is not included in the per-minute charges assessed for the individual call. (2) Call.--The term ``call''-- (A) means a voice or video call using a covered service; and (B) includes any other session of use that is similar to a telephone call. (3) Commission.--The term ``Commission'' means the Federal Communications Commission. (4) Consumer.--The term ``consumer'' means the party paying a provider of inmate calling services. (5) Correctional facility.--The term ``correctional facility'' means a jail or prison. (6) Covered service.--The term ``covered service'' means an inmate calling service or a video visitation service. (7) Inmate.--The term ``inmate'' means an individual detained in a correctional facility, regardless of the duration of the detention. (8) Inmate calling service.--The term ``inmate calling service'' means a service that allows inmates to make calls to individuals outside the correctional facility where the inmate is detained, regardless of the technology used to deliver the service. (9) Site commission.--The term ``site commission'' means any form of monetary payment, in-kind payment, gift, exchange of services or goods, fee, technology allowance, or product that a provider of inmate calling services or affiliate of such a provider may pay, give, donate, or otherwise provide to-- (A) an entity that operates a correctional institution; (B) an entity with which the provider of inmate calling services enters into an agreement to provide such services; (C) an agency that oversees a correctional facility; (D) the city, county, or State in which a correctional facility is located; or (E) an agent of any such correctional facility. (10) Video visitation service.--The term ``video visitation service'' means a service that allows inmates to make video calls to individuals outside the correctional facility where the inmate is being held, regardless of the technology used to deliver the service. A video visitation service may be classified as an inmate calling service, as the Commission considers appropriate. (b) Regulations.--Not later than 180 days after the date of enactment of this Act, the Commission shall-- (1) promulgate regulations with respect to video visitation service; and (2) amend the regulations of the Commission with respect to inmate calling service (as necessary), to ensure that all charges, practices, classifications, and regulations for and in connection with video visitation service and inmate calling service are just and reasonable. (c) Requirements for Regulations.--The regulations promulgated under subsection (b) shall include the following: (1) Video visitation services may be used only to supplement, not supplant, in-person visitation. (2) Caps on the rates (and any related fees or charges) that a provider of a covered service may charge for such service. (3) A prohibition against a provider of a covered service charging a flat rate for a call, regardless of the duration of the call. (4) A prohibition against a provider of a covered service requiring a correctional facility to restrict in-person visitation as a condition of providing such service in such facility. (5) A requirement that a provider of a covered service certify annually to the Commission that such provider is in compliance with the prohibition under paragraph (4). (6) A requirement that the provider of a covered service submit an annual report to the Commission regarding interstate, intrastate, and international inmate calling services for the prior calendar year, which shall-- (A) be categorized both by facility type and size; and (B) contain-- (i) current interstate, intrastate, and international rates for inmate calling services; (ii) current ancillary service charge amounts and the instances of use of each; (iii) the monthly amount of each site commission paid; (iv) minutes of use, per-minute rates, and ancillary service charges for video visitation services; (v) the number of TTY-based inmate calling services calls provided per facility during the reporting period; (vi) the number of dropped calls the reporting provider experienced with TTY-based calls; and (vii) the number of complaints that the reporting provider received relating to issues such as dropped calls, poor call quality, and the number of incidences of each by TTY and telecommunications relay service (TRS) users. (7) A prohibition against a provider of a covered service offering or entering into an agreement to provide a covered service as part of a bundle of services that includes any service that is not a communications service. (8) Requirements for the offering or entering into an agreement to provide a covered service as part of a bundle of services that ensure that correctional facilities are able to review each service separately during the request for proposals process. (9) With respect to video visitation service, quality standards that are the best commercially available for effective human communication by video, which shall be developed by the Commission after seeking comments that review the academic literature regarding the appropriate thresholds for effective human communication by video. (d) Applicability.-- (1) In general.--The regulations promulgated under subsection (b) shall apply to interstate service, intrastate service, and international service. (2) Different requirements.--In promulgating regulations under subsection (b), the Commission may provide for different requirements for interstate service, intrastate service, and international service. SEC. 3. BUREAU OF PRISONS OVERSIGHT. (a) In General.--Chapter 301 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 4015. Video visitation ``(a) In General.--The Director of the Bureau of Prisons shall take such actions as may be necessary to ensure that, in the case of any prisoner in the custody of the Bureau of Prisons, video visitation services are available subject to the following: ``(1) Video visitation services may be used only to supplement, not supplant, in-person visitation. ``(2) Any equipment or area made available for purposes of video visitation shall maximize privacy to the extent practicable, and shall include measures to ensure the operability of the equipment by visitors, including children. ``(3) In entering into any agreement to provide covered services, the Director-- ``(A) shall give priority to bids submitted that require the purchase of equipment for video visitation; ``(B) may not enter into any agreement including a term providing for-- ``(i) any services other than those that are minimally required by the Director; ``(ii) any authority to a person other than a corrections officer to make a determination that affects the terms of a prisoner's imprisonment, including visitation schedules or ability of a person to move about within a correctional facility; or ``(iii) a covered service as part of a bundle of services that includes any service that is not a covered service; and ``(C) may not enter into any agreement that does not include terms requiring-- ``(i) that the service provider provide a list of each video visitation and each individual fee charged to the visitor and the prisoner; ``(ii) that the service provider offer a minimum number of free visits each month based on good behavior (as determined by the head of the correctional facility wherein the service is provided); and ``(iii) that the service provider submit quarterly reports including such information as the Director may require to ensure compliance with the terms of this section. ``(b) Definition.--In this section, terms used have the meanings given such terms in section 2 of the Video Visitation and Inmate Calling in Prisons Act of 2017, except that, for purposes of this section, the term `video visitation service' includes a service that allows the use of videoconferencing or analog closed circuit television systems and software to allow inmates and visitors to visit at a distance with an inmate in a correctional facility.''. (b) Table of Sections.--The table of sections for chapter 301 of title 18, United States Code, is amended by inserting after the item relating to section 4014 the following: ``4015. Video visitation.''.

Video Visitation and Inmate Calling in Prisons Act of 2017 This bill requires the Federal Communications Commission to promulgate regulations for video visitation services that allow inmates to make video calls to individuals outside a correctional facility, and amend its regulations on inmate calling services as necessary to ensure that all charges and practices are just and reasonable. The regulations must include: video visitation cannot replace in-person visits; caps on rates charged by service providers; a prohibition against charging flat rates; a prohibition against a provider requiring a correctional facility to restrict in-person visitation as a condition to providing a calling or video visitation service; a requirement for a provider to submit an annual report about interstate, intrastate, and international inmate calling services; a prohibition against the provider offering bundled services that include non-communications services; and video quality standards. The federal criminal code is amended to require the Bureau of Prisons to ensure that: video visitation does not supplant in-person visitation; privacy is maximized in the video areas and equipment; no persons other than corrections officers have authority over the terms of a prisoner's imprisonment, including visitation schedules or the ability to move within a correctional facility; and service providers provide a list of each video visitation and each fee charged to visitors and prisoners, offer free visits based on good behavior if authorized by the correctional facility, and submit quarterly compliance reports.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Right to Bear Arms Protection and Privacy Act of 2000''. SEC. 2. FINDINGS; PURPOSES. (a) Findings.--The Congress finds the following: (1) Citizens have a right, under the Second Amendment to the United States Constitution, to keep and bear arms. (2) Lawsuits have been commenced against manufacturers, distributors, dealers, and importers of nondefective firearms, which seek money damages and other relief for the harm caused by the misuse of firearms by third parties, including criminals. (3) The manufacture, importation, possession, sale, and use of firearms and ammunition in the United States is heavily regulated by Federal, State, and local laws. Such Federal laws include the Gun Control Act of 1968, the National Firearms Act, and the Arms Export Control Act. (4) Businesses in the United States that are engaged in interstate and foreign commerce through the lawful design, marketing, distribution, manufacture, importation, or sale to the public of firearms or ammunition that have been shipped or transported in interstate or foreign commerce are not, and should not be, liable or otherwise legally responsible for the harm caused by those who criminally or unlawfully misuse firearm products or ammunition products. (5) The possibility of imposing liability or other legal restrictions on an entire industry as a result of harm that is the sole responsibility of others is an abuse of the legal system, erodes public confidence in our Nation's laws, threatens the diminution of a basic constitutional right, invites the disassembly and destabilization of other industries and economic sectors lawfully competing in America's free enterprise system, and constitutes an unreasonable burden on interstate and foreign commerce. (6) The liability and equitable actions commenced or contemplated by municipalities, cities, and other entities are based on theories without foundation in hundreds of years of the common law and American jurisprudence. The possible sustaining of these actions by a maverick judicial officer would expand civil liability in a manner never contemplated by the Framers of the Constitution. The Congress further finds that such an expansion of liability would constitute a deprivation of the rights, privileges, and immunities guaranteed to a citizen of the United States under the Fourteenth Amendment to the United States Constitution. (b) Purposes.--The purposes of this Act are as follows: (1) To prohibit causes of action against law-abiding manufacturers, distributors, dealers, and importers of firearms or ammunition products for the harm caused by the criminal or unlawful misuse of firearm products or ammunition products by others. (2) To preserve a citizen's constitutional access to a supply of firearms and ammunition for all lawful purposes, including hunting, self-defense, collecting, and competitive or recreational shooting. (3) To protect a citizen's right to privacy concerning the lawful purchase and ownership of firearms. (4) To guarantee a citizen's rights, privileges, and immunities, as applied to the States, under the Fourteenth Amendment to the United States Constitution, pursuant to section five of that Amendment. SEC. 3. PROHIBITION ON BRINGING OF QUALIFIED CIVIL ACTIONS IN FEDERAL OR STATE COURT. (a) In General.--A qualified civil action may not be brought in any Federal or State court. (b) Dismissal of Pending Actions.--A qualified civil action that is pending on the date of the enactment of this Act shall be dismissed immediately by the court in which the action was brought. SEC. 4. DEFINITIONS. In this Act: (1) Manufacturer.--The term ``manufacturer'' means, with respect to a qualified product-- (A) a person who is lawfully engaged in a business to import, make, produce, create, or assemble a qualified product, and who designs or formulates, or has engaged another person to design or formulate, a qualified product; (B) a lawful seller of a qualified product, but only with respect to an aspect of the product that is made or affected when the seller makes, produces, creates, or assembles and designs or formulates an aspect of the product made by another person; and (C) any lawful seller of a qualified product who represents to a user of a qualified product that the seller is a manufacturer of the qualified product. (2) Person.--The term ``person'' means any individual, corporation, company, association, firm, partnership, society, joint stock company, or any other entity, including any governmental entity. (3) Qualified product.--The term ``qualified product'' means a firearm (as defined in section 921(a)(3) of title 18, United States Code) or ammunition (as defined in section 921(a)(17) of such title), or a component part of a firearm or ammunition, that has been shipped or transported in interstate or foreign commerce. (4) Qualified civil action.--The term ``qualified civil action'' means a civil or equitable action brought by any person against a lawful manufacturer or lawful seller of a qualified product, or a trade association, for damages or other relief as a result of the criminal or unlawful misuse of a qualified product by the person or a third party, but shall not include an action brought against a manufacturer, seller, or transferor who knowingly manufactures, sells, or transfers a qualified product with knowledge that such product will be used to commit a crime under Federal or State law. (5) Seller.--The term ``seller'' means, with respect to a qualified product, a person who-- (A) in the course of a lawful business conducted for that purpose, lawfully sells, distributes, rents, leases, prepares, blends, packages, labels, or otherwise is involved in placing a qualified product in the stream of commerce; or (B) lawfully installs, repairs, refurbishes, reconditions, or maintains an aspect of a qualified product that is alleged to have resulted in damages. (6) State.--The term ``State'' includes each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands, and any other territory or possession of the United States, and any political subdivision of any such place. (7) Trade association.--The term ``trade association'' means any association or business organization (whether or not incorporated under Federal or State law) 2 or more members of which are manufacturers or sellers of a qualified product. SEC. 5. PROHIBITION OF BACKGROUND CHECK FEE; GUN OWNER PRIVACY. (a) Prohibition of Background Check Fee.-- (1) In general.--Chapter 33 of title 28, United States Code, is amended by adding at the end the following: ``Sec. 540C. Prohibition of fee for background check in connection with firearm transfer ``No officer, employee, or agent of the United States, including a State or local officer or employee acting on behalf of the United States, may charge or collect any fee in connection with any background check required in connection with the transfer of a firearm (as defined in section 921(a) of title 18).''. (2) Conforming amendment.--The analysis for chapter 33 of title 28, United States Code, is amended by inserting after the item relating to section 540B the following: ``540C. Prohibition of fee for background check in connection with firearm transfer.''. (b) Protection of Gun Owner Privacy and Ownership Rights.-- (1) In general.--Chapter 44 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 931. Gun owner privacy and ownership rights ``(a) In General.--Notwithstanding any other provision of law, no department, agency, or instrumentality of the United States or officer, employee, or agent of the United States, including a State or local officer or employee acting on behalf of the United States-- ``(1) shall perform any criminal background check through the National Instant Criminal Background Check System (referred to in this section as the `system') on any person if the system does not require and result in the immediate destruction of all information, in any form whatsoever or through any medium, about any such person that is determined, through the use of the system, not to be prohibited by subsection (g) or (n) of section 922, or by State law, from receiving a firearm; or ``(2) shall continue to operate the system (including requiring a background check before the transfer of a firearm) unless-- ``(A) the NICS Index complies with the requirements of section 552a(e)(5) of title 5, United States Code; and ``(B) the agency responsible for the system and the system's compliance with Federal law does not invoke the exceptions under subsection (j)(2) or paragraph (2) or (3) of subsection (k) of section 552a of title 5, United States Code, except if specifically identifiable information is compiled for a particular law enforcement investigation or specific criminal enforcement matter. ``(b) Applicability.--Subsection (a)(1) does not apply to the retention or transfer of information relating to-- ``(1) any unique identification number provided by the National Instant Criminal Background Check System under section 922(t)(1)(B)(i); or ``(2) the date on which that number is provided.''. (2) Conforming amendment.--The analysis for chapter 44 of title 18, United States Code, is amended by adding at the end the following: ``931. Gun owner privacy and ownership rights.''. (c) Civil Remedies.--Any person aggrieved by a violation of section 540C of title 28 or 931 of title 18, United States Code (as added by this section), may bring an action in the United States district court for the district in which the person resides for actual damages, punitive damages, and such other relief as the court determines to be appropriate, including a reasonable attorney's fee. (d) Effective Date.--The amendments made by this section take effect on the date of enactment of this Act except that the amendments made by subsection (a) shall take effect as of November 30, 1998.

(Sec. 5) Amends the Federal judicial code to prohibit any officer, employee, or agent of the United States, including a State or local officer or employee acting on behalf of the United States (U.S. agent), from charging or collecting any fee in connection with a background check required in connection with the transfer of a firearm. Amends the Federal criminal code to prohibit any U.S. department, agency, instrumentality or agent from: (1) performing any criminal background check through the National Instant Criminal Background Check System on any person if the System does not require and result in the immediate destruction of all information about such a person who is determined not to be prohibited from receiving a firearm; or (2) continuing to operate the System (including a background check before the transfer of a firearm) unless the NICS Index complies with Federal statutory requirements and the agency responsible for the System and the System's compliance with Federal law does not invoke specified exceptions, except if specifically identifiable information is compiled for a particular law enforcement investigation or specific criminal enforcement matter. Permits the retention or transfer of information relating to: (1) any unique identification number provided by the System; and (2) the date on which that number is provided. Provides civil remedies for violations of this Act.

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SECTION 1. REDUCTION IN LIMITATION AMOUNTS FOR CONTRIBUTIONS TO CANDIDATES FOR FEDERAL OFFICE. (a) Limitation Amount for Contributions by Persons Other Than Multicandidate Political Committees.--Section 315(a)(1)(A) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a(a)(1)(A)) is amended by striking out ``$1,000'' and inserting in lieu thereof ``$500''. (b) Limitation Amount for Contributions by Multicandidate Political Committees.--Section 315(a)(2)(A) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a(a)(2)(A)) is amended by striking out ``$5,000'' and inserting in lieu thereof ``$500''. (c) Effective Date.--The amendments made by subsections (a) and (b) shall apply with respect to elections taking place after December 31, 1990. SEC. 2. INCOME TAX CREDIT FOR CONTRIBUTIONS TO CANDIDATES FOR PUBLIC OFFICE. (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 23 the following new section: ``SEC. 24. CONTRIBUTIONS TO CANDIDATES FOR PUBLIC OFFICE. ``(a) General Rule.--In the case of an individual, there shall be allowed, subject to the limitations in subsection (b), as a credit against the tax imposed by this chapter for the taxable year, an amount equal to 50 percent of all political contributions, payment of which is made by the taxpayer within the taxable year. ``(b) Limitations.-- ``(1) Maximum credit.--The credit allowed by subsection (a) for a taxable year shall not exceed $125 ($250 in the case of a joint return under section 6013). ``(2) Verification.--A credit shall be allowed by subsection (a) with respect to any political contribution only if the contribution is verified in the manner prescribed by the Secretary in regulations. ``(c) Definitions.--For purposes of this section-- ``(1) Political contribution.--The term `political contribution' means a contribution or gift of money 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 the individual to further the candidacy of the individual for nomination or election to the office, ``(B) any committee, association, or organization (whether or not incorporated) organized and operated exclusively for the purpose of influencing, or attempting to influence, the nomination or election of 1 or more individuals who are candidates for nomination or election to any Federal, State, or local elective public office, for use by the committee, association, or organization to further the candidacy of the individual or individuals for nomination or election to the 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 the party, or ``(E) a local committee of a national political party as designated by the State committee of the party designated under subparagraph (D). ``(2) 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 contribution or gift is made that the individual is a candidate for nomination or election to the office, and ``(B) meets the qualifications prescribed by law to hold the office. ``(3) National political party.--The term `national political party' means-- ``(A) in the case of 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 10 or more States, or ``(B) in the case of 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. ``(4) State and local.--The term `State' means the various States and the District of Columbia. The term `local' means a political subdivision or part thereof, or 2 or more political subdivisions or parts thereof, of a State. ``(d) Cross References.-- ``(1) For disallowance of credits to estates and trusts, see section 642(j). ``(2) For treatment of Indian tribal governments as States (and the subdivisions of Indian tribal governments as political subdivisions of States), see section 7871.'' (b) Conforming Amendments.-- (1) Section 642 of such Code (relating to special rules for credits and deductions) is amended by adding at the end the following new subsection: ``(j) Political Contribution Credit.--An estate or trust shall not be allowed the credit against tax for contributions to candidates for public office provided by section 24.'' (2) Paragraph (6) of section 7871(a) of such Code (relating to Indian tribal governments treated as States for certain purposes) is amended by redesignating subparagraphs (A) through (D) as subparagraphs (B) through (E), respectively, and by inserting before such subparagraph (B) the following new subparagraph: ``(A) section 24(c)(4) (defining State for purposes of credit for contributions to candidates for public office),''. (3) The table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 23 the following new item: ``Sec. 24. Contributions to candidates for public office.'' (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1992.

Amends the Federal Election Campaign Act of 1971 to reduce from: (1) $1,000 to $500 the limitation on contributions by persons other than multicandidate political committees to any candidate for Federal office; and (2) $5,000 to $500 the limitation on contributions by such committees to any such candidate. Amends the Internal Revenue Code to provide tax credits for contributors to candidates for public office equal to 50 percent of the annual total of a contributor's political contributions. Limits tax credits to an annual total of $125 and $250 respectively for individual and joint contributors. Disallows such tax credits to estates and trusts.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Fairness for Crime Victims Act of 2017''. SEC. 2. POINT OF ORDER AGAINST CERTAIN CHANGES IN MANDATORY PROGRAMS AFFECTING THE CRIME VICTIMS FUND. (a) Findings.--Congress finds that-- (1) the Crime Victims Fund was created in 1984, with the support of overwhelming bipartisan majorities in the House of Representatives and the Senate and the support of President Ronald Reagan, who signed the Victims of Crime Act of 1984 (Public Law 98-473) into law; (2) the Crime Victims Fund was created based on the principle that funds the Federal Government collects from those convicted of crime should be used to aid those who have been victimized by crime; (3) the Crime Victims Fund is funded from fines, penalties, and forfeited bonds in Federal court and private donations; (4) the Crime Victims Fund receives no taxpayer dollars; (5) Federal law provides that funds deposited into the Crime Victims Fund shall be used to provide services to victims of crime in accordance with the Victims of Crime Act of 1984; (6) the Victims of Crime Act of 1984 gives priority to victims of child abuse, sexual assault, and domestic violence; (7) since fiscal year 2000, Congress has been taking funds collected by the Crime Victims Fund and not disbursing the full amount provided for under the Victims of Crime Act of 1984; (8) over $10,000,000,000 has been withheld from victims of child abuse, sexual assault, domestic violence, and other crimes; (9) from fiscal year 2010 through fiscal year 2014, the Crime Victims Fund collected $12,000,000,000, but Congress disbursed only $3,600,000,000 (or 30 percent) to crime victims; (10) under budget rules, Congress represents that the money it has already spent in prior years is still in the Crime Victims Fund and available for victims of crime; (11) Congress concludes that it is time to restore fairness to crime victims; and (12) Congress concludes that henceforth, funds collected by the Crime Victims Fund should be used for services to crime victims in accordance with the Victims of Crime Act of 1984. (b) Amendment.--Title IV of the Congressional Budget Act of 1974 (2 U.S.C. 651 et seq.) is amended by adding at the end the following: ``PART C--ADDITIONAL LIMITATIONS ON BUDGETARY AND APPROPRIATIONS LEGISLATION ``SEC. 441. POINT OF ORDER AGAINST CHANGES IN MANDATORY PROGRAMS AFFECTING THE CRIME VICTIMS FUND. ``(a) Definitions.--In this section-- ``(1) the term `CHIMP' means a provision that-- ``(A) would have been estimated as affecting direct spending or receipts under section 252 of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 902) (as in effect prior to September 30, 2002) if the provision was included in legislation other than appropriation Acts; and ``(B) results in a net decrease in budget authority in the current year or the budget year, but does not result in a net decrease in outlays over the period of the total of the current year, the budget year, and all fiscal years covered under the most recently adopted concurrent resolution on the budget; ``(2) the term `Crime Victims Fund' means the Crime Victims Fund established under section 1402 of the Victims of Crime Act of 1984 (42 U.S.C. 10601); and ``(3) the term `3-year average amount' means the annual average amount that was deposited into the Crime Victims Fund during the 3-fiscal-year period beginning on October 1 of the fourth fiscal year before the fiscal year to which a CHIMP affecting the Crime Victims Fund applies. ``(b) Point of Order in the Senate.-- ``(1) In general.--When the Senate is considering a bill or joint resolution making appropriations for a fiscal year, or an amendment thereto, amendment between the Houses in relation thereto, conference report thereon, or motion thereon, if a point of order is made by a Senator against a provision containing a CHIMP that, if enacted, would cause the amount available for obligation during the fiscal year from the Crime Victims Fund to be less than the 3-year average amount, and the point of order is sustained by the Chair, that provision shall be stricken from the measure and may not be offered as an amendment from the floor. ``(2) Form of the point of order.--A point of order under paragraph (1) may be raised by a Senator as provided in section 313(e). ``(3) Conference reports.--When the Senate is considering a conference report on, or an amendment between the Houses in relation to, a bill or joint resolution, upon a point of order being made by any Senator pursuant to paragraph (1), and such point of order being sustained, such material contained in such conference report or House amendment shall be stricken, and the Senate shall proceed to consider the question of whether the Senate shall recede from its amendment and concur with a further amendment, or concur in the House amendment with a further amendment, as the case may be, which further amendment shall consist of only that portion of the conference report or House amendment, as the case may be, not so stricken. Any such motion in the Senate shall be debatable. In any case in which such point of order is sustained against a conference report (or Senate amendment derived from such conference report by operation of this subsection), no further amendment shall be in order. ``(4) Supermajority waiver and appeal.--In the Senate, this subsection may be waived or suspended only by an affirmative vote of three-fifths of the Members, duly chosen and sworn. An affirmative vote of three-fifths of the Members of the Senate, duly chosen and sworn shall be required to sustain an appeal of the ruling of the Chair on a point of order raised under this subsection. ``(5) Determination.--For purposes of this subsection, budgetary levels shall be determined on the basis of estimates provided by the Chairman of the Committee on the Budget of the Senate. ``(c) Point of Order in the House of Representatives.-- ``(1) In general.--A provision in a bill or joint resolution making appropriations for a fiscal year that proposes a CHIMP that, if enacted, would cause the amount available for obligation during the fiscal year from the Crime Victims Fund to be less than the 3-year average amount shall not be in order in the House of Representatives. ``(2) Amendments and conference reports.--It shall not be in order in the House of Representatives to consider an amendment to, or a conference report on, a bill or joint resolution making appropriations for a fiscal year if such amendment thereto or conference report thereon proposes a CHIMP that, if enacted, would cause the amount available for obligation during the fiscal year from the Crime Victims Fund to be less than the 3-year average amount. ``(3) Determination.--For purposes of this subsection, budgetary levels shall be determined on the basis of estimates provided by the Chairman of the Committee on the Budget of the House of Representatives.''. (c) Technical and Conforming Amendment.--The table of contents in section 1(b) of the Congressional Budget Act of 1974 is amended by inserting after the item relating to section 428 the following: ``Part C--Additional Limitations on Budgetary and Appropriations Legislation ``Sec. 441. Point of order against changes in mandatory programs affecting the Crime Victims Fund.''.

Fairness for Crime Victims Act of 2017 This bill amends the Congressional Budget Act of 1974 to establish points of order in the House of Representatives and the Senate against considering appropriations legislation that includes changes in mandatory programs (CHIMPs) that would cause the amount available for obligation during the fiscal year from the Crime Victims Fund to be less than the three-year average. A CHIMP is a provision that: (1) would have been estimated as affecting direct spending or receipts if the provision were included in legislation other than an appropriations bill; and (2) results in a net decrease in budget authority in the current year or the budget year, but does not result in a net decrease in outlays over the period of the total of the current year, the budget year, and all fiscal years covered under the most recently adopted budget resolution.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Mentor-Mentee Teen Pregnancy Reduction Act of 2008''. SEC. 2. FINDINGS. Congress finds the following: (1) The U.S. has the highest teenage pregnancy rate of any fully industrialized country. (2) One in three girls in the U.S. becomes pregnant at least once by the age of 20. (3) Girls who become pregnant are more likely to drop out of high school, less likely to complete college, more likely to give birth to low-birth weight babies, and more likely to live in poverty. (4) The children born to teenage mothers are more likely to have learning disabilities, less likely to complete high school, and more likely to live in poverty. (5) Girls born to teenage mothers are more likely to become teenager mothers themselves; boys born to teenage mothers are more likely to end up in prison. (6) Innovative initiatives, such as increasing parental involvement and portraying the consequences of teenage pregnancy through the media, exist that can reduce the rates of teenage pregnancy and give every young person a better hope for the future. (7) Research shows that a wide variety of programs have been successful at delaying sexual activity and reducing teenage pregnancy, including efforts that engage students in community service, promote youth development, provide preventive health services, offer sex and HIV/AIDS education, and more. SEC. 3. MENTOR-MENTEE TEEN PREGNANCY REDUCTION GRANT PROGRAM. Title V of the Social Security Act is amended-- (1) in section 510(d) (42 U.S.C. 710(d)), by inserting ``and grants under section 511'' after ``under subsection (a)'' ; and (2) by adding at the end the following new section: ``mentor-mentee teen pregnancy reduction grant program ``Sec. 511. (a) From the amount appropriated in section 510(d) for a fiscal year (beginning with fiscal year 2009) which is not allotted to a State under section 510, the Secretary shall award competitive grants for the creation of school-based programs that provide mentoring to at-risk teenage girls to prevent and reduce teen pregnancy. In awarding such grants for a fiscal year, the Secretary shall give priority to programs in States that have elected not to receive an allotment under section 510 for the fiscal year. ``(b)(1) No grant may be awarded under this section except to an entity that is a local educational agency (as defined in section 9101 of the Elementary and Secondary Education Act of 1965) or a community- based organization. ``(2) Funds provided under such a grant may only be used in a school-based setting for the following purposes: ``(A) To recruit, train, and support mentors. ``(B) To hire mentoring coordinators and provide professional development. ``(C) To pay for outreach materials. ``(D) To provide activities that will help in the development of a mentee, such as-- ``(i) workshops, classes, and after-school activities, which may include family life and sex education and may provide-- ``(I) information that stresses the importance of abstinence and postponing sexual involvement; ``(II) medically accurate information on the importance of contraception for those who are sexually active, on condom use, and on HIV and sexually transmitted diseases; and ``(III) information that reflects mores and values of the community involved. ``(ii) preparation for standardized examinations; ``(iii) assistance with college entrance; ``(iv) education in financial literacy; ``(v) tutoring; ``(vi) sports; ``(vii) education in health and nutrition; and ``(viii) education in the arts. ``(3) No grant may be awarded under this section unless the grantee agrees that, in carrying out the purposes described in paragraph (2), the grantee will, whenever possible, use strategies relating to family life and sex education that have been demonstrated to be effective, or that incorporate characteristics of effective programs. ``(4) No grant may be awarded under this section unless the grantee agrees that only qualified individuals will serve as mentors under this section. For the purposes of this paragraph, a `qualified individual' is an individual who-- ``(A) is a woman who has received at least a baccalaureate degree from an institution of higher education (as such term is defined in section 102(a) of the Higher Education Act of 1965 (20 U.S.C. 1002(a))); ``(B) is mentoring no more than two mentees under this section; and ``(C) has been trained and screened by a local educational agency or community-based organization to do the following for individual mentees: ``(i) To encourage setting goals and planning for the future. ``(ii) To promote responsible behavior and help delay sexual activity. ``(iii) To provide general guidance. ``(iv) To increase participation in school. ``(5) No grant shall be made under this section unless the grantee agrees to submit to the Secretary, in accordance with the criteria of the Secretary, a report that provides information on the program conducted under this section, including outcomes and increased education and awareness about the prevention of teen pregnancy under the grant. The Secretary shall make such reports available to the public. ``(6) Grantees under this section shall expend funds received under the grant not later than 18 months after the date such funds are provided under the grant. ``(c)(1) Paragraph (3) of section 502(a) shall apply to grants under this section in the same manner as it applies to funding made available under section 502(b). ``(2) Sections 507 and 508 shall apply to grants under this section to the same extent and in the same manner as such sections apply to allotments under section 502(c). ``(3) Section 506 shall apply to grants under this section to the extent determined by the Secretary to be appropriate. ``(d) The Secretary shall, directly or through contract, provide for evaluations of programs receiving funds under grants under this section. Such an evaluation shall cover at least 6 programs and programs representing at least 10 percent of the funding provided under this section. Each such evaluation for a program shall describe-- ``(1) the activities carried out under the grant; and ``(2) the extent to which such activities were effective in changing attitudes and behavior to achieve the project strategies consistent with this section.''. SEC. 4. LOAN FORGIVENESS FOR MENTORS WHO PARTICIPATE IN TEEN PREGNANCY REDUCTION PROGRAM. (a) Program Authorized.--The Secretary of Health and Human Services is authorized, from the funds appropriated under subsection (g), to carry out a program to assume the obligation to repay a qualified loan amount (as determined under subsection (b)) for a Federal student loan, in accordance with this section, for an individual who-- (1) is a qualified individual to serve as a mentor under subsection (b)(4) of section 511 of the Social Security Act; (2) has served as a mentor for the teen pregnancy reduction grant program authorized under section 511 of the Social Security Act for not less than 200 hours in an academic year or its equivalent (as determined by the Secretary); and (3) is not in default on a loan for which the individual seeks forgiveness. (b) Qualified Loan Amount.--The amount of loan forgiveness the Secretary provides under this section-- (1) shall be equal to $2,000 for every 200 hours of service an individual serves as a mentor under section 511 of the Social Security Act in an academic year or its equivalent (as determined by the Secretary), after the date of the enactment of this section; and (2) may not exceed a total of $20,000 for an individual. (c) Priority.--In providing loan forgiveness under this section, the Secretary shall give priority to individuals who serve as mentors for programs under section 511 of the Social Security Act that are carried out by local educational agencies or community-based organizations that are located in areas with the highest rates of teen pregnancy, as determined by the Secretary. (d) Construction.--Nothing in this section shall be construed to authorize the refunding of any repayment of a loan. (e) Regulations.--The Secretary is authorized to issue such regulations as may be necessary to carry out the provisions of this section. (f) Definitions.--In this section: (1) Federal student loan.-- (A) In general.--Except as provided in subparagraph (B), the term ``Federal student loan'' means any loan made, insured, or guaranteed under part B, D, or E of title IV of the Higher Education Act of 1965. (B) Treatment of consolidation loans.--A loan amount for a loan made under section 428C or section 455(g) shall be considered a Federal student loan under this paragraph only to the extent that such loan amount was used to repay a loan made under section 428 or 428H, a Federal Direct Stafford Loan, or a Federal Direct Unsubsidized Stafford Loan for an individual who meets the requirements of subsection (a), as determined in accordance with regulations prescribed by the Secretary. (2) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. (g) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section such sums as may be necessary for fiscal year 2009 and each of the 3 succeeding fiscal years.

Mentor-Mentee Teen Pregnancy Reduction Act of 2008 - Amends title V (Maternal and Child Health Services) of the Social Security Act to direct the Secretary of Health and Human Services to award competitive grants to local educational agencies or community-based organizations for the creation of school-based programs that provide mentoring to at-risk teenage girls to prevent and reduce teen pregnancy. Requires program mentors to be women who: (1) have received at least a baccalaureate degree from an institution of higher education; (2) are mentoring no more than two program mentees; and (3) are trained and screened to encourage mentees to engage in responsible, goal-orientated behavior, delay their sexual activity, and increase their participation in school. Authorizes the Secretary to provide student loan forgiveness, under the Federal Family Education Loan, Direct Loan, or Perkins Loan programs of the Higher Education Act of 1965, to program mentors who serve for at least 200 hours in an academic year.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Attracting the Best and Brightest Act of 2012''. SEC. 2. IMMIGRANT VISAS FOR CERTAIN ADVANCED STEM GRADUATES. (a) Advanced Stem Graduates.--Section 203(b) of the Immigration and Nationality Act (8 U.S.C. 1153(b)) is amended-- (1) by redesignating paragraph (6) as paragraph (7); and (2) by inserting after paragraph (5) the following: ``(6) Advanced graduates in science, technology, engineering and mathematics.-- ``(A) In general.--Notwithstanding section 201, visas shall be made available, in a number not to exceed 50,000, to qualified immigrants who-- ``(i) possess a graduate degree at the level of master's or higher in a field of science, technology, engineering, or mathematics from a United States research institution of higher education; ``(ii) have an offer of employment from a United States employer in a field related to such degree; ``(iii) are the subject of an approved labor certification as required under section 212(a)(5)(A); and ``(iv) will receive a wage level from the employer that is at least the actual wage level paid by the employer to all other individuals with similar experience and qualifications for the specific employment in question. ``(B) Definitions.--For purposes of this paragraph: ``(i) The term `field of science, technology, engineering, or mathematics' means a field included in the Department of Education's Classification of Instructional Programs taxonomy within the summary groups of computer and information sciences and support services, engineering, mathematics and statistics, and physical sciences. ``(ii) The term `United States research institution of higher education' `' means an institution in the United States that-- ``(I) is described in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)); ``(II) is classified by the Director of the National Science Foundation as a research institution or as otherwise excelling at instruction in a field of science, technology, engineering, or mathematics; ``(III) has been in existence for at least 10 years; ``(IV) does not provide any commission, bonus, or other incentive payment based directly or indirectly on success in securing enrollments or financial aid to any persons or entities engaged in any recruitment or admission activities for nonimmigrant students or in making decisions regarding the award of student financial assistance to nonimmigrant students; and ``(V) is accredited by an accrediting agency recognized by the Secretary of Education.''. (b) Unused Visas; Limitation to Foreign States.-- (1) Unused visas.--Section 203(b)(1) of such Act (8 U.S.C. 1153(b)(1)) is amended by striking ``(4) and (5)'' and inserting ``(4), (5) and (6)''. (2) Limitation to any single foreign state.--Section 202(a)(5)(A) of such Act (8 U.S.C. 1152(a)(5)(A)) is amended by striking ``or (5)'' and inserting ``(5), or (6)''. (c) Procedure for Granting Immigrant Status.--Section 204(a)(1)(F) of such Act (8 U.S.C. 1154(a)(1)(F)) is amended-- (1) by striking ``or 203(b)(3)'' and inserting ``203(b)(3), or 203(b)(6)''; and (2) by striking ``Attorney General'' and inserting ``Secretary of Homeland Security''. (d) Labor Certification and Qualification for Certain Immigrants.-- Section 212(a)(5) of such Act (8 U.S.C. 1182(a)(5)) is amended-- (1) in subparagraph (A)-- (A) in clause (ii)-- (i) in subclause (I), by striking ``, or'' at the end and inserting a semicolon; (ii) in subclause (II), by striking the period at the end and inserting ``; or''; and (iii) by adding at the end the following: ``(III) holds a doctorate degree in a field of science, technology, engineering, or mathematics (as defined in section 203(b)(6)(B)(i)) from a United States research institution of higher education (as defined in section 203(b)(6)(B)(ii)).''; (B) by redesignating clauses (iii) and (iv) as clauses (iv) and (v), respectively; and (C) by inserting after clause (ii) the following: ``(iii) Job order.-- ``(I) In general.--An employer who files an application under clause (i) shall submit a job order for the labor the alien seeks to perform to the State workforce agency in the State in which the alien seeks to perform the labor. The State workforce agency shall post the job order on its official agency website for a minimum of 30 days and not later than 3 days after receipt using the employment statistics system authorized under section 15 of the Wagner-Peyser Act (29 U.S.C. 49 et seq.). ``(II) Links.--The Secretary of Labor shall include links to the official websites of all State workforce agencies on a single webpage of the official website of the Department of Labor.''; and (2) in subparagraph (D), by striking ``(2) or (3)'' and inserting ``(2), (3), or (6)''. (e) Further Protecting American Workers.--Section 212(p) of such Act (8 U.S.C. 1182(p)) is amended by adding at the end the following: ``(5) To satisfy the requirement under section 203(b)(6)(A)(iv), an employer must demonstrate that the total amount of compensation to be paid to the alien (including health insurance, stock options, and other benefits provided by the employer) must meet or exceed the total amount of compensation paid by the employer to all other employees with similar experience and qualifications working in the same occupational classification.''. (f) GAO Study.--Not later than June 30, 2017, the Comptroller General of the United States shall provide to the Congress the results of a study on the use by the National Science Foundation of the classification authority provided under section 203(b)(6)(B)(ii)(II) of the Immigration and Nationality Act (8 U.S.C. 1153(b)(6)(B)(ii)(II)), as added by this section. (g) Public Information.--The Secretary of Homeland Security shall make available to the public on the official website of the Department of Homeland Security, and shall update not less than monthly, the following information (which shall be organized according to month and fiscal year) with respect to aliens granted status under section 203(b)(6) of the Immigration and Nationality Act (8 U.S.C. 1153(b)(6)), as added by this section: (1) The name, city, and State of each employer who petitioned pursuant to either of such paragraphs on behalf of one or more aliens who were granted status in the month and fiscal year to date. (2) The number of aliens granted status under either of such paragraphs in the month and fiscal year to date based upon a petition filed by such employer. (3) The occupations for which such alien or aliens were sought by such employer and the job titles listed by such employer on the petition. (h) Effective Date; Sunset.-- (1) Effective date.--The amendments made by this section shall take effect on October 1, 2012, and shall apply with respect to fiscal years beginning on or after such date. (2) Sunset.--The amendments made by subsections (a) through (e) shall be repealed after the 2-year period beginning on the date of the enactment of this Act. SEC. 3. STUDENT VISA REFORM. (a) In General.--Section 101(a)(15)(F)(i) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(F)(i)) is amended by striking ``an alien having a residence in a foreign country which he has no intention of abandoning, who is a bona fide student qualified to pursue a full course of study and who'' and inserting ``an alien who is a bona fide student qualified to pursue a full course of study, who (except for a student qualified to pursue a full course of study in a field of science, technology, engineering, or mathematics (as defined in section 203(b)(6)(B)(i)) at an institution of higher education) has a residence in a foreign country which the alien has no intention of abandoning, and who''. (b) Conforming Amendments.-- (1) Section 214(b) of the Immigration and Nationality Act (8 U.S.C. 1184(b)) is amended by striking ``(other than a nonimmigrant'' and inserting ``(other than a nonimmigrant described in section 101(a)(15)(F)) if the alien is qualified to pursue a full course of study in a field of science, technology, engineering, or mathematics (as defined in section 203(b)(6)(B)(i)) at an institution of higher education, other than a nonimmigrant''. (2) Section 214(h) of the Immigration and Nationality Act (8 U.S.C. 1184(h)) is amended by inserting ``(F) (if the alien is qualified to pursue a full course of study in a field of science, technology, engineering, or mathematics (as defined in section 203(b)(6)(B)(i)) at an institution of higher education),'' before ``H(i)(b)''. SEC. 4. AGE-OUT PROTECTIONS FOR CHILDREN. Section 101(b)(1) of the Immigration and Nationality Act (8 U.S.C. 1101(b)) is amended by adding at the end the following-- ``(H) Rules for determining age of a child.-- ``(i) Immigrant petitions.--Notwithstanding any other provision of the Act, a determination of whether an alien is a child for the purposes of a petition under sections 204 and 209 shall be made using the age of the alien on the date on which the petition is filed with the Secretary of Homeland Security. ``(ii) Child of u.s. citizen fiance.--A determination of whether an alien is a child for the purposes of a petition under section 214 or an application for adjustment of status under section 245(d) shall be made using the age of the alien on the date on which the petition is filed with the Secretary of Homeland Security to classify the alien's parent as the fiance of a U.S. citizen.''. SEC. 5. PERMANENT PRIORITY DATES. (a) In General.--Section 203 of the Immigration and Nationality Act (8 U.S.C. 1153) is amended by adding at the end the following: ``(i) Permanent Priority Dates.-- ``(1) In general.--Subject to subsection (h)(3) and paragraph (2), the priority date for any family- or employment- based petition shall be the date of filing of the petition with the Secretary of Homeland Security (or the Secretary of State, if applicable), unless the filing of the petition was preceded by the filing of a labor certification with the Secretary of Labor, in which case that date shall constitute the priority date. ``(2) Subsequent family- and employment-based petitions.-- Subject to subsection (h)(3), an alien who-- ``(A) is the beneficiary of any family-based petition that was approvable when filed (including self-petitioners) shall retain the priority date assigned with respect to that petition in the consideration of any subsequently filed family-based petition (including self-petitions); or ``(B) is the beneficiary of any employment-based petition that was approvable when filed (including self-petitioners) shall retain the priority date assigned with respect to that petition in the consideration of any subsequently filed employment- based petition (including self-petitions).''. (b) Effective Date.--The amendment made by subsection (a) shall take effect on the date of the enactment of this Act and shall apply to aliens who are a beneficiary of a classification petition pending on or after such date.

Attracting the Best and Brightest Act of 2012 - Amends the Immigration and Nationality Act to make up to 50,000 visas available to qualified immigrants who: (1) possess a graduate degree at the level of master's or higher in a field of science, technology, engineering, or mathematics (STEM degree) from a qualifying U.S. research institution of higher education; (2) have an employment offer from a U.S. employer in a field related to such degree; (3) are the subject of an approved labor certification; and (4) will receive a wage for such employment that is at least the actual wage paid by the employer to all other individuals with similar experience and qualifications. Makes unused STEM visas available for other employment-based visa categories. Requires: (1) employers of foreign STEM graduates to submit a job order for the position with the appropriate state workforce agency, (2) such agency to post the position on its website for at least 30 days, and (3) employers to demonstrate that the total amount of compensation to be paid to a foreign STEM graduate meets or exceeds the total amount of compensation paid by the employer to all other employees with similar experience and qualifications working in the same occupational classification. Requires the Department of Homeland Security (DHS) to make available on its website specified information regarding foreign STEM employers, the number of aliens granted STEM status, and their occupations. Repeals such STEM and related provisions two years after enactment of this Act. Eliminates the foreign residency requirement for certain foreign students. States that a determination of whether an alien is a child for purposes of: (1) a petition for immigrant status or a petition for adjustment of refugee status to immigrant status shall be made using the alien's age on the date on which the petition is filed with DHS, and (2) a petition for nonimmigrant admission or an application for adjustment of status from nonimmigrant to conditional (fiance) immigrant shall be made using the alien's age on the date on which the petition is filed with DHS to classify such alien's parent as the fiance of a U.S. citizen. States that the permanent priority date for any family- or employment-based petition shall be the date on which the petition is filed with DHS (or the Secretary of State, if applicable), unless such filing was preceded by the filing of a labor certification with the Secretary of Labor, in which case that date shall constitute the priority date. States that an alien who is the beneficiary of a family- or employment-based petition that was approvable when filed shall retain such petition's priority date in the consideration of any subsequently filed family- or employment-based petition.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Mount Pleasant National Scenic Area Act''. SEC. 2. PURPOSES. The purposes of this Act with respect to the Mount Pleasant National Scenic Area are to-- (1) ensure appropriate protection and preservation of the scenic quality, water quality, natural characteristics, and water resources; (2) protect and manage vegetation to provide wildlife and fish habitat, consistent with paragraph (1) above; (3) provide areas that may develop characteristics of old- growth forests; and (4) provide a variety of recreation opportunities that are not inconsistent with the purposes set forth above. SEC. 3. ESTABLISHMENT OF THE NATIONAL SCENIC AREA. (a) In General.--(1) There is hereby established in the George Washington National Forest, Virginia, the Mount Pleasant National Scenic Area (hereinafter referred to in this Act as the ``scenic area''). (2) The scenic area shall consist of certain lands in the George Washington National Forest, Virginia, which comprise seven thousand five hundred and eighty acres, more or less, as generally depicted on a map entitled ``Mount Pleasant National Scenic Area--Proposed'', dated June 21, 1993. (b) Administration.--The Secretary of Agriculture, (hereinafter referred to in this Act as the ``Secretary'') shall administer the scenic area in accordance with this Act and the laws and regulations generally applicable to the National Forest System. In the event of conflict between this Act and other laws and regulations, this Act shall take precedence. (c) Roads.--After the date of enactment of this Act, no new permanent roads shall be constructed within the scenic area: Provided, That this provision shall not be construed to deny access to private lands or interests therein in the scenic area. (d) Vegetation Management.--No timber harvest shall be allowed within the scenic area, except as may be necessary in the control of fire, insects, and diseases and to provide for public safety and trail access. Notwithstanding the foregoing, the Secretary may engage in vegetation manipulation practices for maintenance of existing wildlife clearings and visual quality. Firewood may be harvested for personal use along perimeter roads under such conditions as the Secretary may impose. (e) Motorized Travel.--Motorized travel shall be allowed on State Route 635 and on Forest Development Road 51, such Road 51 shall be subject to those motorized travel conditions the Secretary may impose. Other than as provided above, motorized travel shall not be permitted within the scenic area, except that such travel may be permitted within the area as necessary for administrative use in furtherance of the purposes of this Act and on temporary routes in support of wildlife management projects. (f) Fire.--Wildfires shall be suppressed in a manner consistent with the purposes of this Act, using such means as the Secretary deems appropriate. (g) Insects and Disease.--Insect and disease outbreaks may be controlled in the scenic area to maintain scenic quality, prevent tree mortality, reduce hazards to visitors or to protect private lands. (h) Water.--The scenic area shall be administered so as to maintain or enhance existing water quality. (i) Maps and Descriptions.--As soon as practicable after the date of enactment of this Act, the Secretary shall file a map and boundary description of the scenic area with the Committee on Agriculture, Nutrition, and Forestry of the United States Senate and the Committee on Agriculture of the United States House of Representatives. The map and description shall have the same force and effect as if included in this Act, except that the Secretary is authorized to correct clerical and typographical errors in such boundary description and map. Such map and boundary description shall be on file and available for public inspection in the Office of the Chief of the Forest Service, Department of Agriculture. In the case of any discrepancy between the acreage and the map description in subsection (a)(2), the map shall control. (j) Management Plan.--Within three years of enactment of this Act, the Secretary shall develop a management plan for the scenic area as an amendment to the Land and Resource Management Plan for the George Washington National Forest. Such an amendment shall conform to the provisions of this Act. Nothing in this Act shall require the Secretary to revise the Land and Resource Management Plan for the George Washington National Forest pursuant to section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974. (k) Withdrawal.--Subject to valid existing rights, all federally owned lands within the scenic area are hereby withdrawn from disposition under the mining, mineral, and geothermal leasing laws, including all amendments thereto.

Mount Pleasant National Scenic Area Act - Establishes in the George Washington National Forest, Virginia, the Mount Pleasant National Scenic Area. Sets forth provisions regarding: (1) administration of the Area; (2) roads; (3) vegetation management; (4) motorized travel; (5) fire; (6) insects and disease; and (7) water. Directs the Secretary of Agriculture to develop a management plan for the Area. Withdraws all federally-owned lands within the Area from disposition under the mining, mineral, and geothermal leasing laws.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Hospital Payment Improvement and Equity Act of 2006''. SEC. 2. APPEALS PROCESS FOR HOSPITAL WAGE INDEX CLASSIFICATION. (a) Establishment of Process.-- (1) In general.--The Secretary shall establish not later than January 1, 2007, by instruction or otherwise, a process under which a hospital may appeal the wage index classification otherwise applicable to the hospital and select another area within the State (or, at the discretion of the Secretary, within a contiguous State) to which to be reclassified. (2) Process requirements.--The process established under paragraph (1) shall be consistent with the following: (A) Such an appeal may be filed as soon as possible after the date of the enactment of this Act but shall be filed by not later than February 15, 2007. (B) Such an appeal shall be heard by the Medicare Geographic Reclassification Review Board. (C) There shall be no further administrative or judicial review of a decision of such Board. (3) Reclassification upon successful appeal.-- (A) Reclassification.--If the Medicare Geographic Reclassification Review Board determines that the hospital is a qualifying hospital (as defined in subsection (c)), the hospital shall be reclassified to the area selected under paragraph (1). (B) Applicability.--A reclassification under subparagraph (A) shall apply with respect to discharges occurring during the 3-year period beginning with April 1, 2007. (4) Special rules.-- (A) In general.--Any qualifying hospital that is within 3 miles driving distance, starting at the hospital entrance and driving over improved roads, to the nearest Metropolitan Statistical Area in which a majority of the other qualifying hospitals located in the same Metropolitan Statistical Area as the hospital have been reclassified to (or if there is no majority, the Metropolitan Statistical Area in which at least one such other qualifying hospital has been reclassified to (as determined appropriate by the Secretary of Health and Human Services), the hospital shall be eligible to select to be reclassified to such nearest Metropolitan Statistical Area (or if no majority, to the area so determined appropriate by the Secretary). (B) Competitively disadvantaged hospital in a single-hospital msa surrounded by rural counties.-- (i) In general.--If a hospital meets the requirements described in clause (ii)-- (I) such hospital shall be deemed to be a qualifying hospital; and (II) such hospital shall be reclassified to the closest urban area which is part of a Combined Statistical Area located in the same State as the hospital. (ii) Requirements.--The requirements described in this clause are the following: (I) The hospital is the only hospital in its urban area. (II) The hospital is in an urban area that is not adjacent to any other urban area. (III) The hospital is seeking reclassification to the closest urban area which is part of a Combined Statistical Area located in the same state as the hospital. (5) Inapplicability of certain provisions.--Except as the Secretary may provide, the provisions of paragraphs (8) and (10) of section 1886(d) of the Social Security Act (42 U.S.C. 1395ww(d)) shall not apply to an appeal under this section. (b) Application of Reclassification.--In the case of an appeal decided in favor of a qualifying hospital under subsection (a), the wage index reclassification shall not affect the wage index computation for any area or for any other hospital and shall not be effected in a budget neutral manner. The provisions of this section shall not affect payment for discharges occurring after the end of the 3-year-period referred to in subsection (a)(3)(B). (c) Qualifying Hospital Defined.--For purposes of this section, the term ``qualifying hospital'' means a subsection (d) hospital (as defined in section 1886(d)(1)(B) of the Social Security Act (42 U.S.C. 1395ww(d)(1)(B))) that-- (1) does not qualify for a change in wage index classification under paragraph (8) or (10) of section 1886(d) of such Act (42 U.S.C. 1395ww(d)) on the basis of requirements relating to distance or commuting; and (2) meets such other criteria, such as quality, as the Secretary may specify by instruction or otherwise. The Secretary may modify the wage comparison guidelines promulgated under section 1886(d)(10)(D) of such Act (42 U.S.C. 1395ww(d)(10)(D)) in carrying out this section. (d) Wage Index Classification.--For purposes of this section, the term ``wage index classification'' means the geographic area in which the hospital is classified for purposes of determining for a fiscal year the factor used to adjust the DRG prospective payment rate under section 1886(d) of the Social Security Act (42 U.S.C. 1395ww(d)) for area differences in hospital wage levels that applies to such hospital under paragraph (3)(E) of such section. (e) Special Rule for Rehabilitation Hospitals and Rehabilitation Units.-- (1) In general.--Effective for discharges occurring during the 3-year period beginning with April 1, 2007, for purposes of making payments under section 1886(j) of the Social Security Act (42 U.S.C. 1395ww(j)) to a qualifying rehabilitation facility, such facility shall be deemed to be located in the area described in paragraph (3). (2) Qualifying rehabilitation facility defined.--For purposes of this subsection, the term ``qualifying rehabilitation facility'' means a rehabilitation hospital or a rehabilitation unit that is located in a Metropolitan Statistical Area in which all subsection (d) hospitals (as defined in subsection (d)(1)(B) of section 1886 of the Social Security Act (42 U.S.C. 1395ww)) that are not sole community hospitals (as defined in subsection (d)(5)(D)(iii) of such section) located in the area have been reclassified to another Metropolitan Statistical Area. (3) Area described.--The area described in this paragraph with respect to a qualifying rehabilitation facility is the Metropolitan Statistical Area in which the majority of the subsection (d) hospitals (as so defined) located in the same Metropolitan Statistical Area as the qualifying rehabilitation facility have been reclassified to (or if there is no majority, the Metropolitan Statistical Area in which at least one such subsection (d) hospital has been reclassified to (as determined appropriate by the Secretary of Health and Human Services).

Hospital Payment Improvement and Equity Act of 2006 - Directs the Secretary of Health and Human Services to establish a process under which a hospital may appeal its wage index classification under title XVIII (Medicare) of the Social Security Act and select another area within the state (or, at the Secretary's discretion, within a contiguous state) to which to be reclassified. Prescribes special rules for: (1) a competitively disadvantaged hospital in a single-hospital Metropolitan Statistical Area (MSA) surrounded by rural counties; and (2) rehabilitation hospitals and rehabilitation units.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``VA Medical Workforce Enhancement Act of 2003''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--The Congress finds as follows: (1) The United States is currently facing critical workforce shortages in all areas of hospital operations, including both clinical and nonclinical operations. (2) As its workforce ages, the Veterans Health Administration of the Department of Veterans Affairs is facing a loss of staff through retirement at a time of staffing shortages across all areas of hospital operations. (3) The demand for health professionals will grow as the ``Baby Boom'' generation retires and adds to an already burgeoning population of elderly requiring more extensive health services. (4) There are not enough nurses and health care providers to care for veterans who are on the Department of Veterans Affairs waiting lists. During the current nationwide nursing shortage, the Department of Veterans Affairs must replace up to 5.3 percent of its registered nurses each year just to keep pace with the loss from nurses who retire. (5) The number of nurses retiring in the next 10 years is expected to far exceed the number of new nurses joining the workforce, resulting in a nationwide nursing shortage. (6) This shortage will certainly affect health care facilities of the Department of Veterans Affairs, which, like many other health care facilities, are already seeing a shrinking pool of highly trained nurses. (7) Nursing care is vital to providing the best patient care possible and, as the nursing shortage worsens, care for veterans who have sacrificed much for the liberties and freedoms enjoyed by the American people will suffer. (8) In order to meet the increasing demand from veterans in need of health care, the Department of Veterans Affairs must be aggressive in its efforts to recruit and retain its nursing staff. (9) The failure to maintain adequate staffing levels can harm veterans under the Department's care. There is a clear link between nurse-to-patient ratios and patient successes. For every additional patient over four in a nurse's workload, the risk of death increases by 7 percent for surgical patients. Unfortunately, many Department of Veterans Affairs' facilities do not meet the threshold safe ratio of four medical/surgical patients per nurse. Some facilities have six, seven, or eight surgical patients per nurse. (10) There are acute shortages plaguing other critical healthcare staff including pharmacists, radiology, and laboratory technologists and other ancillary professionals. (11) Thirty-one percent of medical technologists of the Department of Veterans Affairs are eligible for or nearing retirement. (12) Nearly 20 percent of the pharmacy technicians of the Department of Veterans Affairs have between 20 and 34 years of Government service. (13) One-quarter of the nursing assistants of the Department of Veterans Affairs have between 20 and 34 years of Government service and, therefore, are eligible for or nearing retirement. (14) The lack of allied health care workers and hospital support staff on the weekends hurts direct patient care. Without support staff, nurses are forced to devote less time on direct patient care in order to transport patients, clean the wards, and perform other duties typically done by nursing assistants, housekeepers, and other ancillary staff. Providing a premium pay for regular weekend shifts will help maintain adequate levels of support staff on the weekends. (15) Ongoing education is important to maintain high standards of professionalism in nursing care. The Department of Veterans Affairs should encourage the professional development of its nursing staff through ongoing educational programs and through funding opportunities to support nurses in achieving a baccalaureate or masters degree in nursing. (b) Purposes.--The purposes of this Act are the following: (1) To clarify that the Secretary of Veterans Affairs and labor organizations representing health care employees can work together to improve patient care by allowing the Secretary the option of negotiation with exclusive employee representatives over safe staffing levels to ensure that veterans are provided with high quality care. (2) To improve the consistency, legitimacy, and fairness in the nurse pay and promotion system of the Veterans Health Administration by allowing the Secretary of Veterans Affairs and labor organizations to negotiate the process by which nurses and other health care professionals are promoted. (3) To provide for additional pay for Saturday tours of duty for additional health care workers in the Veterans Health Administration. (4) To provide for a program to be conducted by the Secretary of Veterans Affairs to assess the benefits of establishing a nurse preceptor program. SEC. 3. ENHANCING SAFETY AND QUALITY OF PATIENT CARE. Section 7422 of title 38, United States Code, is amended-- (1) by redesigning subsection (e) as subsection (f); and (2) by inserting after subsection (d) the following new subsection (e): ``(e) Nothing in subsection (b), (c), or (d) precludes the Secretary and any labor organization representing employees of the Veterans Health Administration from entering into a collective bargaining agreement, at the election of the Secretary, with respect to-- ``(1) the numbers, types, and grades of employees or positions assigned to any medical facility, clinic, or organizational subdivision; ``(2) the number of patients assigned to employees referred to in section 7401 of this title who are physicians, physicians assistants, or nurses; and ``(3) employee-to-patient ratios for employees referred to in section 7401 of this title other than those specified in paragraph (2).''. SEC. 4. IMPROVEMENTS TO THE RETENTION AND RECRUITMENT OF HEALTH CARE PROFESSIONALS. Section 7403 of title 38, United States Code, is amended by adding at the end the following new subsections: ``(h) Nothing in this section, or in subsection (b), (c), and (d) of section 7422 of this title, shall limit the right or ability of any labor organization representing employees in the Veterans Health Administration to engage in collective bargaining with respect to the promotion processes established pursuant to this section. ``(i) In a case in which a registered nurse has accomplished the performance elements for promotion to the next grade, the lack of a specific type of educational degree shall not be an impediment to promotion, and in such a case the registered nurse shall not be denied a promotion on that basis.''. SEC. 5. ADDITIONAL PAY FOR SATURDAY TOURS OF DUTY FOR ADDITIONAL HEALTH CARE WORKERS IN THE VETERANS HEALTH ADMINISTRATION. (a) In General.--Section 7454(b) of title 38, United States Code, is amended by adding at the end the following new paragraph: ``(3) Employees appointed under section 7408 of this title shall be entitled to additional pay on the same basis as provided for nurses in section 7453(c) of this title.''. (b) Applicability.--The amendment made by subsection (a) shall apply with respect to pay periods beginning on or after the date of the enactment of this Act. SEC. 6. NURSE PRECEPTOR PROGRAM. (a) Nature of Program.--The Secretary of Veterans Affairs shall carry out a nurse preceptor program to develop nurse preceptors who will act as mentors to newly hired registered nurses at Department of Veterans Affairs health care facilities. (b) Structure of Program.--The nurse preceptor program shall include the following: (1) For registered nurses interested in becoming nurse preceptors, intensive training and screening programs. (2) For registered nurses selected to be nurse preceptors-- (A) a rigorous 26-week training program; (B) continuous professional development classes; and (C) a salary increase equivalent to 5 percent of gross annual salary for any period during which the nurse functions as a nurse preceptor. (c) Annual Report to Congress.--Each year after the date of the enactment of this Act, the Secretary shall submit to the Committees on Veterans' Affairs of the Senate and the House of Representatives a report on the effectiveness and usefulness of the nurse preceptor program. The Secretary shall include in each report the following: (1) The Secretary's assessment of the benefits to veterans of the program. (2) The Secretary's assessment of the effect of the program on the Department of Veterans Affairs, including the effect on retention of a qualified nursing staff. (3) Any other findings and conclusions of the Secretary with respect to the program.

VA Medical Workforce Enhancement Act of 2003 - States that: (1) current collective bargaining requirements within the Veterans Health Administration (VHA) shall not preclude the Secretary of Veterans Affairs and any labor organization representing VHA employees from entering into a collective bargaining agreement with respect to the numbers, types, and grades of employees, the number of patients assigned to physicians, physicians assistants, or nurses, and employee-to-patient ratios within any VHA medical facility, clinic, or organizational subdivision; and (2) nothing shall limit the right or ability of any labor organization representing such employees from engaging in collective bargaining with respect to VHA promotion processes. Provides that when a VHA registered nurse has accomplished the performance elements of promotion to the next higher grade, the lack of a specific type of educational degree shall not be an impediment to such promotion.Authorizes additional pay for Saturday VHA nursing duty.Directs the Secretary to carry out a program to develop nurse preceptors to act as mentors to newly hired registered nurses at Department of Veterans Affairs health care facilities.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Medical Bills Interest Rate Relief Act''. SEC. 2. FINDINGS; SENSE OF THE CONGRESS. (a) Findings.--The Congress finds as follows: (1) Many families and individuals are forced deep into debt by the combination of large medical bills and excessively high interest rates. (2) The policy journal Health Affairs reports that illness and medical bills cause half of all bankruptcies. (3) The same report notes that over 2 million Americans are financially ruined by medical care costs each year. (4) Consumers whose debt consists largely of credit extended to pay medical expenses are 42 percent more likely than other debtors to experience lapses in coverage. (5) Many of those forced into bankruptcy by medical expenses are middle class and have health insurance. (6) Major credit card issuers tie credit card interest rates to credit records and credit scores. (7) However, previously unforeseen and burdensome medical expenses may arise whereby the hospital-mandated schedule of payment is more than the individual can immediately afford. (8) Hospitals often report late- or delinquent-payers to consumer reporting agencies thereby directly affecting the rates, terms, and availability of credit from other sources that might otherwise be used to pay the medical expenses. (9) Many individuals and families are forced to place large medical expenses on their credit cards over time. (10) Credit card issuers are able to raise interest rates on late- and delinquent-payers with impunity and without regards to the nature of the delinquency. (11) There currently exists no government-enforced ceiling cap on credit card interest rates. (b) Purpose.--The purpose of this Act is to stem the loss from rising instances of payment delinquencies and bankruptcies so that people who meet their bill payment requirements on time and in full receive the lowest interest rates. (c) Sense of the Congress.--It is the sense of the Congress that-- (1) no American family or individual should be forced to choose between the health and life of a loved one and the financial constraints of medical care; (2) financial institutions, including credit card issuers, should not take financial advantage of unforeseen, nonpreventive, or catastrophic medical situations; and (3) individuals or families saddled with large medical bills should receive a fair and equitable credit rating that disregards off-schedule medical bill payments. SEC. 3. CREDIT CARD ISSUERS OBLIGATIONS FOR CREDIT EXTENDED TO PAY MEDICAL EXPENSES. Section 127 of the Truth in Lending Act (15 U.S.C. 1637) is amended by adding at the end the following new subsection: ``(h) Credit Card Issuers Obligations for Credit Extended to Pay Medical Expenses.-- ``(1) In general.--If, with respect to a credit card account under an open end consumer credit plan, the consumer notifies the credit card issuer of anticipated, any upcoming medical expense to be incurred by the consumer, or a member of the consumer's household, within 30 days of the date of the expense-- ``(A) the annual percentage rate on credit extended under the plan to pay such medical expenses shall not exceed the annual percentage rate in effect for any outstanding balance of the consumer under the plan at the time such notice is given; and ``(B) the annual percentage rate extended under the plan to pay nonmedical expenses may not be increased on the basis of, or due to, the extension of credit to pay such medical expenses. ``(2) Medical expenses.--For purposes of this subsection, the term `medical expenses' includes necessary treatments, drugs, tests, hospital stays, and expenses, doctor fees, and elective surgeries.''. SEC. 4. CREDIT HISTORY REPORTING REQUIREMENT IN CASE OF CERTAIN MEDICAL EXPENSES. Section 623 of the Fair Credit Reporting Act (15 U.S.C. 1681s-2) is amended by adding at the end the following new subsection: ``(f) Reports Furnished by Hospitals.-- ``(1) In general.--If a consumer, who is unable to make full payments for medical expenses (as defined in section 127(h)(2)) to a hospital or other medical treatment facility in accordance with a schedule of payments imposed by such hospital or facility, continues, in good faith, to make partial payments on the outstanding balance on the prescribed due dates under such schedule, the hospital or facility may not submit negative information relating to the failure of such consumer to maintain the payment schedule in full during the 5-year period beginning when the consumer first fails to make full payment under the payment schedule. ``(2) Good faith partial payment.--For purposes of paragraph (1), a consumer shall be deemed to be making partial payments in good faith on the prescribed due dates if the consumer is paying at least 20 percent of the amount of the scheduled payment for each due date.''. SEC. 5. EFFECTIVE DATE. This Act and the amendments made by this Act shall take effect on January 1, 2006.

Medical Bills Interest Rate Relief Act - Expresses the sense of the Congress that: (1) no American family or individual should be forced to choose between the health and life of a loved one and the financial constraints of medical care; (2) financial institutions, including credit card issuers, should not take financial advantage of unforeseen, nonpreventive, or catastrophic medical situations; and (3) individuals or families saddled with large medical bills should receive a fair and equitable credit rating that disregards off-schedule medical bill payments. Amends the Truth in Lending Act to prescribe guidelines governing the obligations of credit card issuers for credit extended to pay medical expenses. Amends the Fair Credit Reporting Act to prohibit a hospital or other medical treatment facility from submitting to a consumer reporting agency during a five-year period any negative information regarding the failure of a consumer to maintain full payments for medical expenses if the consumer continues in good faith to make partial payments on the outstanding balance on prescribed payment schedule due dates.

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SECTION 1. FINDINGS. The Congress finds the following: (1) The Pokagon Band of Potawatomi Indians is the descendant of, and political successor to, the signatories of the Treaty of Greenville 1795 (7 Stat. 49); the Treaty of Grouseland 1805 (7 Stat. 91); the Treaty of Spring Wells 1815 (7 Stat. 131); the Treaty of the Rapids of the Miami of Lake Erie 1817 (7 Stat. 160); the Treaty of St. Mary's 1818 (7 Stat. 185); the Treaty of Chicago 1821 (7 Stat. 218); the Treaty of the Mississinewa on the Wabash 1826 (7 Stat. 295); the Treaty of St. Joseph 1827 (7 Stat. 305); the Treaty of St. Joseph 1828 (7 Stat. 317); the Treaty of Tippecanoe River 1832 (7 Stat. 399); and the Treaty of Chicago 1833 (7 Stat. 431). (2) In the Treaty of Chicago 1833, the Pokagon Band of Potawatomi Indians was the only band that negotiated a right to remain in Michigan. The other Potawatomi bands relinquished all lands in Michigan and were required to move to Kansas or Iowa. (3) Two of the Potawatomi bands later returned to the Great Lakes area, the Forest County Potawatomi of Wisconsin and the Hannahville Indian Community of Michigan. (4) The Hannahville Indian Community of Michigan, the Forest County Potawatomi Community of Wisconsin, the Prairie Band of Potawatomi Indians of Kansas, and the Citizen Band Potawatomi Indian Tribe of Oklahoma, whose members are also descendants of the signatories to one or more of the aforementioned treaties, have been recognized by the Federal Government as Indian tribes eligible to receive services from the Secretary of the Interior. (5) Beginning in 1935, the Pokagon Band of Potawatomi Indians petitioned for reorganization and assistance pursuant to the Act of June 18, 1934 (25 U.S.C. 461 et seq., commonly referred to as the ``Indian Reorganization Act''). Because of the financial condition of the Federal Government during the Great Depression it relied upon the State of Michigan to provide services to the Pokagon Band. Other Potawatomi bands, including the Forest County Potawatomi and the Hannahville Indian Community were provided services pursuant to the Indian Reorganization Act. (6) Agents of the Federal Government in 1939 made an administrative decision not to provide services or extend the benefits of the Indian Reorganization Act to any Indian tribes in Michigan's lower peninsula. (7) Tribes elsewhere, including the Hannahville Indian Community in Michigan's upper peninsula, received services from the Federal Government and were extended the benefits of the Indian Reorganization Act. (8) The Pokagon Band of Potawatomi Indians consists of at least 1,500 members who continue to reside close to their ancestral homeland in the St. Joseph River Valley in southwestern Michigan and northern Indiana. (9) In spite of the denial of the right to organize under the Indian Reorganization Act, the Pokagon Band has continued to carry out its governmental functions through a Business Committee and Tribal Council from treaty times until today. (10) The United States Government, the government of the State of Michigan, and local governments have had continuous dealings with the recognized political leaders of the Band from 1795 until the present. SEC. 2. FEDERAL RECOGNITION. Federal recognition of the Pokagon Band of Potawatomi Indians is hereby affirmed. Except as otherwise provided in this Act, all Federal laws of general application to Indians and Indian tribes, including the Act of June 18, 1934 (25 U.S.C. 461 et seq.), shall apply with respect to the Band and its members. SEC. 3. SERVICES. Notwithstanding any other provision of law, the Band and its members shall be eligible, on and after the date of the enactment of this Act, for all Federal services and benefits furnished to federally recognized Indian tribes without regard to the existence of a reservation for the Band or the location of the residence of any member on or near an Indian reservation. SEC. 4. TRIBAL MEMBERSHIP. Not later than 18 months after the date of the enactment of this Act, the Band shall submit to the Secretary membership rolls consisting of all individuals eligible for membership in such Band. The qualifications for inclusion on the membership rolls of the Band shall be determined by the membership clauses in the Band's governing documents, in consultation with the Secretary. Upon completion of the rolls, the Secretary shall immediately publish notice of such in the Federal Register. The Bands shall ensure that such rolls are maintained and kept current. SEC. 5. CONSTITUTION AND GOVERNING BODY. (a) Constitution.-- (1) Adoption.--Not later than 24 months after the date of the enactment of this Act, the Secretary shall conduct, by secret ballot and in accordance with the provisions of section 16 of the Act of June 18, 1934 (25 U.S.C. 476), an election to adopt a constitution and bylaws for the Band. (2) Interim governing documents.--Until such time as a new constitution is adopted under paragraph (1), the governing documents in effect on the date of enactment of this Act shall be the interim governing documents for the Band. (b) Officials.-- (1) Election.--Not later than 6 months after the Band adopts a constitution and bylaws pursuant to subsection (a), the Secretary shall conduct elections by secret ballot for the purpose of electing officials for the Band as provided in the Band's constitution. The election shall be conducted according to the procedures described in subsection (a), except to the extent that such procedures conflict with the Band's constitution. (2) Interim government.--Until such time as the Band elects new officials pursuant to paragraph (1), the Band's governing body shall be the governing body in place on the date of the enactment of this Act, or any new governing body selected under the election procedures specified in the interim governing documents of the Band. SEC. 6. TRIBAL LANDS. The Band's tribal land shall consist of all real property, including the land upon which the Tribal Hall is situated, now or hereafter held by, or in trust for, the Band. The Secretary shall acquire real property for the Band. Any such real property shall be taken by the Secretary in the name of the United States in trust for the benefit of the Band and shall become part of the Band's reservation. SEC. 7. SERVICE AREA. The Band's service area shall consist of the Michigan counties of Allegan, Berrien, Van Buren, and Cass and the Indiana counties of La Porte, St. Joseph, Elkhart, Starke, Marshall, and Kosciusko. SEC. 8. JURISDICTION. The Band shall have jurisdiction to the full extent allowed by law over all lands taken into trust for the benefit of the Band by the Secretary. The Band shall exercise jurisdiction over all its members who reside within the service area in matters pursuant to the Indian Child Welfare Act, 25 U.S.C. 1901 et seq., as if the members were residing upon a reservation as defined in that Act. SEC. 9. DEFINITIONS. For purposes of this Act-- (1) the term ``Band'' means the Pokagon Band of Potawatomi Indians; (2) the term ``member'' means those individuals eligible for enrollment in the Band pursuant to section 4; and (3) the term ``Secretary'' means the Secretary of the Interior.

Affirms Federal recognition of, and provides Federal services to, the Pokagon Band of Potawatomi Indians. States that the Band's service area shall consist of specified counties in Michigan and Indiana.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Older Workers' Earnings Protection Act of 1993''. SEC. 2. LIBERALIZATION OF EARNINGS TEST OVER THE PERIOD 1995-1999 FOR INDIVIDUALS WHO HAVE ATTAINED RETIREMENT AGE. (a) In General.--Effective with respect to taxable years ending after 1994, subparagraph (D) of section 203(f)(8) of the Social Security Act is amended to read as follows: ``(D) Notwithstanding any other provision of this subsection, the exempt amount for a taxable year ending in a calendar year after 1994 which is applicable to an individual who has attained retirement age (as defined in section 216(l)) before the close of the taxable year involved shall be an amount equal to the exempt amount which was applicable to individuals described in this subparagraph for taxable years ending in the preceding calendar year, plus $3,000.''. (b) Conforming Amendment.--The second sentence of section 223(d)(4) of such Act is amended by striking ``which is applicable to individuals described in subparagraph (D) thereof'' and inserting ``which would be applicable to individuals who have attained retirement age (as defined in section 216(l)) before the close of the taxable year involved if the amendments made by the Social Security Earnings Test Repeal Act of 1993 had not been enacted.''. SEC. 3. REPEAL OF EARNINGS TEST IN THE YEAR 2000 FOR INDIVIDUALS WHO HAVE ATTAINED RETIREMENT AGE. Effective with respect to taxable years ending after 1999-- (1) clause (B) in the third sentence of section 203(f)(1) of the Social Security Act is amended by striking ``age seventy'' and inserting ``retirement age (as defined in section 216(l))''; and (2) section 203(f)(3) of such Act is amended-- (A) by striking ``33\1/3\ percent'' and all that follows through ``multiplied by the number of months in such year'' and inserting ``50 percent of his earnings for such year in excess of the product derived by multiplying the applicable exempt amount as determined under paragraph (8) by the number of months in such year'', and (B) by striking ``age 70'' and inserting ``retirement age (as defined in section 216(l))''. SEC. 4. CONFORMING AND RELATED AMENDMENTS. Effective with respect to taxable years ending after 1999-- (1) section 203(c)(1) of the Social Security Act is amended by striking ``is under the age of seventy'' and inserting ``is under retirement age (as defined in section 216(l))''; (2) the last sentence of subsection (c) of section 203 of such Act is amended by striking ``nor shall any deduction'' and all that follows and inserting ``nor shall any deduction be made under this subsection from any widow's or widower's insurance benefit if the widow, surviving divorced wife, widower, or surviving divorced husband involved became entitled to such benefit prior to attaining age 60.''; (3) paragraphs (1)(A) and (2) of section 203(d) of such Act are each amended by striking ``under the age of seventy'' and inserting ``under retirement age (as defined in section 216(l))''; (4) section 203(f)(1) of such Act is amended by striking clause (D) and inserting the following: ``(D) for which such individual is entitled to widow's or widower's insurance benefits if such individual became so entitled prior to attaining age 60, or''; (5) subparagraph (D) of section 203(f)(5) of such Act is amended-- (A) by striking ``(D) In the case of'' and all that follows down through ``(ii) an individual'' and inserting the following: ``(D) In the case of an individual''; and (B) by striking ``became entitled to such benefits'' and all that follows and inserting ``became entitled to such benefits, there shall be excluded from gross income any such other income.''; (6) section 203(f)(8)(A) of such Act is amended by striking ``the new exempt amounts (separately stated for individuals described in subparagraph (D) and for other individuals) which are to be applicable'' and inserting ``the new exempt amount which is to be applicable''; (7) section 203(f)(8)(B) of such Act is amended-- (A) by striking all that precedes clause (i) and inserting the following: ``(B) The exempt amount which is applicable for each month of a particular taxable year shall be whichever of the following is the larger--''; (B) by striking ``corresponding'' in clause (i); and (C) by striking ``an exempt amount'' in the matter following clause (ii) and inserting ``the exempt amount''; (8) section 203(f)(8)(D) of such Act (as amended by section 2(a) of this Act) is repealed; (9) section 203(f)(9) of such Act is repealed; (10) section 203(h)(1)(A) of such Act is amended by striking ``age 70'' each place it appears and inserting ``retirement age (as defined in section 216(l))''; (11) section 203(j) of such Act is amended to read as follows: ``Attainment of Retirement Age ``(j) For purposes of this section-- ``(1) an individual shall be considered as having attained retirement age (as defined in section 216(l)) during the entire month in which he attains such age; and ``(2) the term `retirement age (as defined in section 216(l))', with respect to any individual entitled to monthly insurance benefits under section 202, means the retirement age (as so defined) which is applicable in the case of old-age insurance benefits, regardless of whether or not the particular benefits to which the individual is entitled (or the only such benefits) are old-age insurance benefits.''; and (12) section 202(w)(2)(B)(ii) of such Act is amended-- (A) by striking ``either''; and (B) by striking ``or suffered deductions under section 203(b) or 203(c) in amounts equal to the amount of such benefit''. SEC. 5. ACCELERATION OF 8 PERCENT DELAYED RETIREMENT CREDIT. Paragraph (6) of section 202(w) of the Social Security Act is amended-- (1) by striking ``2005'' in subparagraph (C) and inserting ``1995''; and (2) by striking ``2004'' in subparagraph (D) and inserting ``1994''.

Older Workers' Earnings Protection Act of 1993 - Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to increase the amount of outside income which beneficiaries who have attained retirement age may earn during 1995 through 1999 without incurring a reduction in benefits. Repeals such income limitation in the year 2000. Accelerates the effective dates of increases in the delayed retirement credit rate for individuals who work beyond retirement age.

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SECTION 1. DISPLAY OF WOMEN VETERANS BILL OF RIGHTS. (a) Establishment.--The Secretary of Veterans Affairs shall ensure that the Women Veterans Bill of Rights described in subsection (b) is-- (1) displayed prominently in each facility of the Department of Veterans Affairs; and (2) distributed widely to women veterans. (b) Women Veterans Bill of Rights.--The Women Veterans Bill of Rights described in this subsection is a sign stating that women veterans should have the following rights: (1) The right to a coordinated, comprehensive, primary women's health care, at every Department of Veterans Affairs medical facility, including the recognized models of best practices, systems, and structures for care delivery that ensure that every woman veteran has access to a Department of Veterans Affairs primary care provider who can meet all her primary care needs, including gender-specific, acute and chronic illness, preventive, and mental health care. (2) The right to be treated with dignity and respect at all Department of Veterans Affairs facilities. (3) The right to innovation in care delivery promoted and incentivized by the Veterans Health Administration to support local best practices fitted to the particular configuration and women veteran population. (4) The right to request and get treatment by clinicians with specific training and experience in women's health issues. (5) The right to enhanced capabilities of medical providers, clinical support, non-clinical, and administrative, to meet the comprehensive health care needs of women veterans. (6) The right to request and expect gender equity in provision of clinical health care services. (7) The right to equal access to health care services as that of their male counterparts. (8) The right to parity to their male veteran counterpart regarding the outcome of performance measures of health care services. (9) The right to be informed, through outreach campaigns, of benefits under laws administered by the Secretary of Veterans Affairs and to be included in Department outreach materials for any benefits and service to which they are entitled. (10) The right to be featured proportionately, including by age and ethnicity, in Department outreach materials, including electronic and print media that clearly depict them as being the recipient of the benefits and services provided by the Department. (11) The right to be recognized as an important separate population in new strategic plans for service delivery within the health care system of the Department of Veterans Affairs. (12) The right to equal consideration in hiring and employment for any job to which they apply. (13) The right to equal consideration in securing Federal contracts. (14) The right to equal access and accommodations in homeless programs that will meet their unique family needs. (15) The right to have their claims adjudicated equally, fairly, and accurately without bias or disparate treatment. (16) The right to have their military sexual trauma and other injuries compensated in a way that reflects the level of trauma sustained. (17) The right to expect that all veteran service officers, especially those who are trained by the Department of Veterans Affairs Training Responsibility Involvement Preparation program for claims processing, are required to receive training to be aware of and sensitive to the signs of military sexual trauma, domestic violence, and personal assault. (18) The right to the availability of female personnel to assist them in the disability claims application and appellate processes of the Department. (19) The right to the availability of female compensation and pension examiners. (20) The right to expect specialized training be provided to disability rating personnel regarding military sexual trauma and gender-specific illnesses so that these claims can be adjudicated more accurately. (21) The right to expect the collection of gender-specific data on disability ratings, for the performance of longitudinal and trend analyses, and for other applicable purposes. (22) The right to a method to identify and track outcomes for all claims involving personal assault trauma, regardless of the resulting disability. (23) The right for women veterans' programs and women veteran coordinators to be measured and evaluated for performance, consistency, and accountability. (24) The right to burial benefits under the laws administered by the Secretary of Veterans Affairs.

Directs the Secretary of Veterans Affairs (VA) to ensure that the Women Veterans Bill of Rights is displayed prominently in each VA facility and distributed widely to such veterans. Enumerates health care rights to be included in the Bill of Rights, including the right to: (1) coordinated, comprehensive, primary women's health care at every VA medical facility; (2) treatment by clinicians with specific training and experience in women's health issues; and (3) gender equity in access to and the provision of clinical health care services.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Family Investment Package''. SEC. 2. ASSISTANCE FOR LOW-INCOME WORKING FAMILIES. (a) Block Grants.--Section 658B of the Child Care Development Block Grant Act of 1990 (42 U.S.C. 9858) is amended to read as follows: ``SEC. 658B. FUNDING OF GRANTS. ``(a) Authorization of Appropriations.--Except as provided in subsection (b), there is authorized to be appropriated to carry out this subchapter $2,000,000,000 for each of fiscal years 1997 through 2002. ``(b) Appropriation.--The Secretary shall pay, from funds in the Treasury not otherwise appropriated, $1,400,000,000 for fiscal years 1997 through 2002, through the awarding of grants to States under this subchapter for the purpose of providing child care services for families who have left the State program of assistance under part A of title IV of the Social Security Act because of employment, families that are at risk of becoming dependent on such assistance program, and low-income working families described in section 658E(c)(3)(D). Funds shall be paid under this subsection to the States in the same manner, and subject to the same requirements and limitations, as funds are paid to the States under section 418 of the Social Security Act (42 U.S.C. 618).''. (b) Grants for Child Care Supply Shortages.--Section 658E(c)(3) of the Child Care Development Block Grant Act of 1990 (42 U.S.C. 9858c(c)(3)) is amended by adding at the end the following: ``(E) Child care supply shortages.-- ``(i) In general.--A State shall ensure that 100 percent of amounts paid to the State out of funds appropriated under section 658B(a)(2) with respect to each of the fiscal years 1997 through 2002 shall be used to carry out child care activities described in clause (ii) in geographic areas within the State that have a shortage, as determined by the State, in consultation with localities, of child care services. ``(ii) Child care activities described.-- The child care activities described in this clause include the following: ``(I) Infant care programs. ``(II) Before- and after-school child care programs. ``(III) Resource and referral programs. ``(IV) Nontraditional work hours child care programs. ``(V) Extending the hours of pre- kindergarten programs to provide full- day services. ``(VI) Any other child care programs that the Secretary determines are appropriate.''. (c) Authorization of Appropriations for Low-Income Working Families.-- (1) In general.--Section 658B(a) of the Child Care Development Block Grant Act of 1990 (42 U.S.C. 9858(a)), as amended by subsection (f), is amended-- (A) by striking ``Except as provided in'' and inserting the following: ``(1) In general.--Except as provided in paragraph (2) and''; and (B) by adding at the end the following: ``(2) Child care supply shortages.--There is authorized to be appropriated to carry out section 658E(c)(3)(E), $500,000,000 for each of fiscal years 1997 through 2002.''. (2) Conforming amendment.--Section 658(c)(3)(A) of the Child Care Development Block Grant Act of 1990 (42 U.S.C. 9858c(c)(3)(A)) is amended by striking ``(D)'' and inserting ``(E)''. (d) Report on Access to Child Care by Low-Income Working Families.-- (1) In general.--Section 658K(a)(2) of the Child Care Development Block Grant Act of 1990 (42 U.S.C. 9858i(a)(2)) is amended-- (A) in subparagraph (D), by striking ``and'' at the end; and (B) by inserting after subparagraph (E), the following: ``(F) the total number of families described in section 658B(b) that were eligible for but did not receive assistance under this subchapter or under section 418 of the Social Security Act and a description of the obstacles to providing such assistance; and ``(G) the total number of families described in section 658B(b) that received assistance provided under this subchapter or under section 418 of the Social Security Act and a description of the manner in which that assistance was provided;''. (2) Secretarial reporting requirement.--Section 658L of the Child Care Development Block Grant Act of 1990 (42 U.S.C. 9858j) is amended by inserting ``, with particular emphasis on access of low-income working families,'' after ``public''. (e) Effective Date.--The amendments made by this section shall take effect as if included in the enactment of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Public Law 104-193, 110 Stat. 2105).

Family Investment Package - Amends the Child Care Development Block Grant Act of 1990 to increase the authorization of appropriations for FY 1997 through 2002 for block grants to States for child care assistance for low-income working families. Authorizes separate appropriations for such period for grants to States for specified child care activities in geographic areas with child care supply shortages. Authorizes appropriations in a specified amount to the Secretary of Health and Human Services for FY 1997 through 2002 to award grants to States for providing child care services for families who have left the State program of assistance under part A (Temporary Assistance for Needy Families) of title IV of the Social Security Act because of employment, families that are at risk of becoming dependent on such assistance program, and low-income working families. Requires States and the Secretary to report on access to child care by low-income working families.

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SECTION. 1. REVISION OF PER BENEFICIARY LIMITS AND PER VISIT PAYMENT LIMITS FOR PAYMENT FOR HOME HEALTH SERVICES UNDER THE MEDICARE PROGRAM. (a) Revision of Per Beneficiary Limits.-- (1) In general.--Section 1861(v)(1)(L)(v) of the Social Security Act (42 U.S.C. 1395x(v)(1)(L)(v)) is amended to read as follows: ``(v)(I) For services furnished by home health agencies for cost reporting periods beginning on or after October 1, 1997, the Secretary shall provide for an interim system of limits. Payment shall not exceed the costs determined under the preceding provisions of this subparagraph or, if lower, the product of-- ``(aa) the applicable amount under subclause (II) or (III); and ``(bb) the agency's unduplicated census count of patients (entitled to benefits under this title) for the cost reporting period subject to the limitation. ``(II) The applicable limit for cost reporting periods beginning in fiscal year 1998 is an agency-specific per beneficiary annual limitation calculated based 75 percent on 98 percent of the reasonable costs (including nonroutine medical supplies) for the agency's 12-month cost reporting period ending during fiscal year 1994, and based 25 percent on 98 percent of the standardized regional average of such costs for the agency's census division, as applied to such agency, for cost reporting periods ending during fiscal year 1994, such costs updated by the home health market basket index. ``(III) The applicable limit for cost reporting periods beginning on or after October 1, 1998, is an agency-specific per beneficiary annual limitation calculated-- ``(aa) based 50 percent on the per beneficiary annual limitation determined under subclause (II) for the agency; ``(bb) based 25 percent on the standardized national mean equal to $3,708.25 for fiscal year 1999 (of which $2,880.12 is the labor component, and $828.13 is the non-labor component); and ``(cc) based 25 percent on the standardized regional average of the limits for the agency's census division (as specified in Tables 3B and 3D published in the Federal Register on August 11, 1998 (63 FR 42926)); such limits updated by the home health market basket for each subsequent fiscal year (if any) through the fiscal year involved.''. (2) New agencies.--Section 1861(v)(1)(L)(vi) of the Social Security Act (42 U.S.C. 1395x(v)(1)(L)(vi)) is amended-- (A) in subclause (I), by striking ``For new'' and inserting ``Subject to subclause (II), for new''; (B) by redesignating subclause (II) as subclause (III); and (C) by inserting after subclause (I) the following: ``(II) In the case of cost reporting periods beginning on or after October 1, 1998, the limits in subclause (I) shall be determined as if any reference in clause (v)(II) to `98 percent' were a reference to `100 percent'. (3) Conforming amendment.--Section 1861(v)(1)(L)(vii)(I) of the Social Security Act (42 U.S.C. 1395x(v)(1)(L)(vii)(I)) is amended by striking ``clause (v)(I)'' and inserting ``clause (v)(II)''. (b) Revision of Per Visit Limits.--Section 1861(v)(1)(L)(i) of such Act (42 U.S.C. 1395x(v)(1)(L)(i)) is amended-- (1) in subclause (III), by striking ``or''; (2) in subclause (IV)-- (A) by inserting ``and before October 1, 1998,'' after ``October 1, 1997,''; and (B) by striking the period at the end and inserting ``, or''; and (3) by adding at the end the following new subclause: ``(V) October 1, 1998, 110 percent of such median.''. (c) One-year Delay in Implementation of Mandatory Reduction in Payment Limits.--Section 4603(e) of the Balanced Budget Act of 1997 (42 U.S.C. 1395fff note) is amended-- (1) by striking ``described in subsection (d)'' and inserting ``beginning on or after October 1, 2000''; and (2) by striking ``September 30, 1999'' and inserting ``September 30, 2000''. (d) Effective Date.--The amendments made by subsections (a) and (b) shall apply to cost reporting periods beginning on or after October 1, 1998. SEC. 2. TWO OFFSETS. (a) Change in Number of Individuals Eligible To Enroll Under Medicare MSA.--Section 1851(b)(4)(A)(ii) of the Social Security Act (42 U.S.C. 1395w-21(b)(4)(A)(ii)) is amended by striking ``390,000'' and inserting ``100,000 (for any date before January 1, 2004) or 500,000 (for any date thereafter)''. (b) Three-Year Extension of Medicare MSA Termination Date.--Section 1851(b)(4)(A)(i) of the Social Security Act (42 U.S.C. 1395w- 21(b)(4)(A)(i)) is amended by striking ``2003'' and inserting ``2006''.

Amends title XVIII (Medicare) of the Social Security Act (SSA) with respect to the computation formula for the interim system of limited payments for services provided by home health agencies, as amended by the Balanced Budget Act of 1997 (BBA '97). Creates a new formula for calculation of the agency-specific per beneficiary annual limitation for cost reporting periods beginning on or after October 1, 1998. Revises the rules for new providers for such cost reporting periods. Increases reasonable per visit costs for reporting periods beginning on or after October 1, 1998, from 105 percent to 110 percent of the median of the labor-related and nonlabor per visit costs for free standing home health agencies. Amends BBA '97 to postpone from October 1, 1999, to October 1, 2000, implementation of the mandatory 15 percent reduction in cost and per beneficiary limits under such interim system. Amends part C (Medicare+Choice) of SSA title XVIII to: (1) change the number of individuals eligible to enroll for coverage in a demonstration Medical Savings Account plan from 390,000 to 100,000 (for any date before January 1, 2004) or 500,000 (for any date thereafter); and (2) provide for a three-year extension of such type of coverage.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Careers for Veterans Act of 2012''. SEC. 2. EMPLOYMENT OF VETERANS WITH THE FEDERAL GOVERNMENT. (a) In General.--Section 4214 of title 38, United States Code, is amended-- (1) in subsection (b), by adding at the end the following: ``(4)(A) The requirement under this section is in addition to the appointment of qualified covered veterans under the authority under paragraph (1) by the Department of Veterans Affairs and the Department of Defense. ``(B) The head of each agency, in consultation with the Director of the Office of Personnel Management, shall develop a plan for exercising the authority under paragraph (1) during the five-year period beginning on the date of enactment of the Careers for Veterans Act of 2012. ``(C) The Director of the Office of Personnel Management shall ensure that under the plans developed under subparagraph (B) agencies shall appoint to existing vacancies not fewer than 10,000 qualified covered veterans during the five-year period beginning on the date of enactment of the Careers for Veterans Act of 2012.''; (2) in subsection (d), in the third sentence, by inserting ``(including, during the 5-year period beginning on the date of enactment of the Careers for Veterans Act of 2012, the development and implementation by each agency of the plan required under subsection (b)(4), which shall include information regarding the grade or pay level of appointments by the agency under the plan and whether the appointments are, or are converted to, career or career-conditional appointments)'' after ``subsection (b) of this section''; and (3) in subsection (e)-- (A) in paragraph (1)-- (i) in the matter before subparagraph (A), by striking ``to the Congress'' and inserting ``to the appropriate committees of Congress''; and (ii) in subparagraph (A), by inserting ``(including, during the 5-year period beginning on the date of enactment of the Careers for Veterans Act of 2012, the development and implementation by the agency of the plan required under subsection (b)(4), which shall include information regarding the grade or pay level of appointments by the agency under the plan and whether the appointments are, or are converted to, permanent appointments)'' before the period; and (B) by adding at the end the following new paragraph: ``(3) In this subsection, the term `appropriate committees of Congress' means-- ``(A) the Committee on Veterans' Affairs and the Committee on Homeland Security and Governmental Affairs of the Senate; and ``(B) the Committee on Veterans' Affairs and the Committee on Oversight and Government Reform of the House of Representatives.''. (b) Report.--Not later than 180 days after the date of enactment of this Act, the Director of the Office of Personnel Management shall submit to the appropriate committees of Congress (as defined under section 4214(e)(3) of title 38, United States Code, as amended by subsection (a)) regarding the development of a plan to carry out the amendments made by subsection (a). SEC. 3. REQUIREMENT THAT STATES RECOGNIZE MILITARY EXPERIENCE OF VETERANS WHEN ISSUING LICENSES AND CREDENTIALS TO VETERANS. (a) In General.--Section 4102A(c) of title 38, United States Code, is amended by adding at the end the following new paragraph: ``(9)(A) As a condition of a grant or contract under which funds are made available to a State under subsection (b)(5) in order to carry out section 4103A or 4104 of this title, the State shall-- ``(i) establish a program under which the State administers an examination to each veteran seeking a license or credential issued by the State and issues such license or credential to such veteran without requiring such veteran to undergo any training or apprenticeship if the veteran-- ``(I) receives a satisfactory score on completion of such examination, as determined by the State; and ``(II) has not less than 10 years of experience in a military occupational specialty that, as determined by the State, is similar to a civilian occupation for which such license or credential is required by the State; and ``(ii) submit each year to the Secretary a report on the exams administered under clause (i) during the most recently completed 12-month period that includes, for the period covered by the report the number of veterans who completed an exam administered by the State under clause (i) and a description of the results of such exams, disaggregated by occupational field. ``(B) Not less frequently than once each year, the Secretary shall submit to Congress and the Secretary of Defense a report summarizing the information received by the Secretary under subparagraph (A)(ii).''. (b) Effective Date.-- (1) Exams.--Subparagraph (A) of section 4102A(c)(9) of such title, as added by subsection (a), shall take effect on the date that is one year after the date of the enactment of this Act and shall apply with respect to grants and contracts described in such subparagraph awarded after such date. (2) Reports.--Subparagraph (B) of section 4102A(c)(9), as added by subsection (a), shall take effect on the date that is one year after the date of the enactment of this Act and the Secretary of Labor shall submit the first report under such subparagraph not later than two years after the date of the enactment of this Act. SEC. 4. SUPPORT FOR JOB SEARCHES OF VETERANS THROUGH ONE-STOP CENTERS. (a) Furnishing of List of Internet Resources.--Not later than 30 days after the date of the enactment of this Act, the Secretary of Labor shall furnish each one-stop center with a list of all Internet websites and applications that the Secretary has identified as beneficial for veterans in pursuit of employment to their pursuit. (b) Identification of Additional Resources.--The Secretary shall coordinate with public and private sector entities to identify Internet websites and applications not already included in a list furnished under subsection (a) that-- (1) match veterans seeking employment with available jobs based on the skills the veterans acquired as members of the Armed Forces; and (2) allow employers to post information about available jobs. (c) Supplements.--The Secretary of Labor shall furnish each one- stop center with a list of Internet websites and applications identified under subsection (b). (d) Report.--Not later than 455 days after the date of the enactment of this Act, the Secretary of Labor shall submit to the appropriate committees of Congress a report on the use of the Internet websites and applications identified under subsection (b) for the benefit of veterans in pursuit of employment. (e) Definitions.--In this section: (1) Appropriate committees of congress.--The term ``appropriate committees of Congress'' means-- (A) the Committee on Veterans' Affairs and the Committee on Health, Education, Labor, and Pensions of the Senate; and (B) the Committee on Veterans' Affairs and the Committee on Education and the Workforce of the House of Representatives. (2) One-stop center.--The term ``one-stop center'' means a center described in section 134(c) of the Workforce Investment Act of 1998 (29 U.S.C. 2864(c)). SEC. 5. EXPANSION OF CONTRACTING GOALS AND PREFERENCES OF DEPARTMENT OF VETERANS AFFAIRS TO INCLUDE SMALL BUSINESS CONCERNS 100 PERCENT BUT CONDITIONALLY OWNED BY VETERANS. Section 8127(l) of title 38, United States Code, is amended-- (1) in paragraph (2), by inserting ``unconditionally'' before ``owned by'' each place it appears; and (2) by adding at the end the following new paragraph: ``(3) The term `unconditionally owned' includes, with respect to ownership of a small business concern, conditional ownership of such small business concern if such business concern is 100 percent owned by one or more veterans.''. SEC. 6. MODIFICATION OF TREATMENT UNDER CONTRACTING GOALS AND PREFERENCES OF DEPARTMENT OF VETERANS AFFAIRS FOR SMALL BUSINESSES OWNED BY VETERANS OF SMALL BUSINESSES AFTER DEATH OF DISABLED VETERAN OWNERS. (a) In General.--Section 8127(h) of title 38, United States Code, is amended-- (1) in paragraph (3), by striking ``rated as'' and all that follows through ``disability.'' and inserting a period; and (2) in paragraph (2), by amending subparagraph (C) to read as follows: ``(C) The date that-- ``(i) in the case of a surviving spouse of a veteran with a service-connected disability rated as 100 percent disabling or who dies as a result of a service-connected disability, is 10 years after the date of the veteran's death; or ``(ii) in the case of a surviving spouse of a veteran with a service-connected disability rated as less than 100 percent disabling who does not die as a result of a service-connected disability, is three years after the date of the veteran's death.''. (b) Effective Date.--The amendments made by subsection (a) shall take effect on the date that is 180 days after the date of the enactment of this Act and shall apply with respect to contracts awarded on or after such date. SEC. 7. TREATMENT OF BUSINESSES AFTER DEATHS OF SERVICEMEMBER-OWNERS FOR PURPOSES OF DEPARTMENT OF VETERANS AFFAIRS CONTRACTING GOALS AND PREFERENCES. (a) In General.--Section 8127 of title 38, United States Code, is amended-- (1) by redesignating subsections (i) through (l) as subsections (j) through (m), respectively; and (2) by inserting after subsection (h) the following new subsection (i): ``(i) Treatment of Businesses After Death of Servicemember-Owner.-- (1) If a member of the Armed Forces owns at least 51 percent of a small business concern and such member is killed in line of duty in the active military, naval, or air service, the surviving spouse or dependent of such member who acquires such ownership rights in such small business concern shall, for the period described in paragraph (2), be treated as if the surviving spouse or dependent were a veteran with a service-connected disability for purposes of determining the status of the small business concern as a small business concern owned and controlled by veterans for purposes of contracting goals and preferences under this section. ``(2) The period referred to in paragraph (1) is the period beginning on the date on which the member of the Armed Forces dies and ending on the date as follows: ``(A) In the case of a surviving spouse, the earliest of the following dates: ``(i) The date on which the surviving spouse remarries. ``(ii) The date on which the surviving spouse relinquishes an ownership interest in the small business concern and no longer owns at least 51 percent of such small business concern. ``(iii) The date that is ten years after the date of the member's death. ``(B) In the case of a dependent who is not a spouse, the earliest of the following dates: ``(i) The date on which the surviving dependant relinquishes an ownership interest in the small business concern and no longer owns at least 51 percent of such small business concern. ``(ii) The date that is ten years after the date of the member's death.''. (b) Effective Date.--Subsection (i) of section 8127 of such title, as added by subsection (a), take effect on the date of the enactment of this Act and shall apply with respect to the deaths of members of the Armed Forces occurring on or after such date. SEC. 8. SPECIAL RULE FOR TREATMENT UNDER CONTRACTING GOALS AND PREFERENCES OF DEPARTMENT OF VETERANS AFFAIRS OF SMALL BUSINESS CONCERNS LICENSED IN COMMUNITY PROPERTY STATES. Section 8127 of title 38, United States Code, as amended by section 7, is further amended by adding at the end the following new subsection: ``(n) Special Rule for Community Property States.--Whenever the Secretary assesses, for purposes of this section, the degree of ownership by an individual of a small business concern licensed in a community property State, the Secretary shall also assess what that degree of ownership would be if such small business concern had been licensed in a State other than a community property State. If the Secretary determines that such individual would have had a greater degree of ownership of the small business concern had such small business concern been licensed in a State other than a community property State, the Secretary shall treat, for purposes of this section, such small business concern as if it had been licensed in a State other than a community property State.''. SEC. 9. OFF-BASE TRANSITION TRAINING. (a) Provision of Off-Base Transition Training.--During the three- year period beginning on the date of the enactment of this Act, the Secretary of Labor shall provide the Transition Assistance Program under section 1144 of title 10, United States Code, to eligible individuals at locations other than military installations in not less than three and not more than five States selected by the Secretary. (b) Selection of Locations.--In selecting States in which to carry out the training under subsection (a), the Secretary shall select the States with the highest rates of veteran unemployment. The Secretary shall provide such training to veterans at a sufficient number of locations within the selected States to meet the need. The Secretary shall select such locations to facilitate access by participants and may not select any location on a military installation other than a National Guard or reserve facility that is not located on an active duty military installation. (c) Eligible Individuals.--For purposes of this section, an eligible individual is a veteran or the spouse of a veteran. (d) Inclusion of Information About Veterans Benefits.--The Secretary shall ensure that the training provided under subsection (a) generally follows the content of the Transition Assistance Program under section 1144 of title 10, United States Code. (e) Integrating Subject Matter Experts.--The Secretary of Labor shall include in any contract entered into pursuant to section 1144 of title 10, United States Code, or section 4113 of title 38, United States Code, a requirement to include experts in subject matters relating to human resources practices, including resume writing, interviewing and job searching skills, and the provision of information about post-secondary education. (f) Annual Report.--Not later than March 1 of any year during which the Secretary provides training under subsection (a), the Secretary shall submit to Congress a report on the provision of such training. (g) Comptroller General Report.--Not later than 180 days after the termination of the three-year period described in subsection (a), the Comptroller General of the United States shall submit to Congress a report on the training provided under such subsection. The report shall include the evaluation of the Comptroller General regarding the feasibility of carrying out off-base transition training at locations nationwide.

Careers for Veterans Act of 2012 - Directs the head of each federal agency to develop a plan for exercising, during the five-year period beginning on the enactment of this Act, current Department of Defense (DOD) and Department of Veterans Affairs (VA) authority to hire qualified veterans for positions within the federal government. Includes as qualified veterans those who: (1) are disabled or recently separated; (2) served on active duty during a war or in a campaign or expedition for which a campaign badge has been authorized; or (3) while serving on active duty, participated in a military operation for which an Armed Forces service medal was awarded. Requires the Director of the Office of Personnel Management (OPM) to ensure that, under such plans, agencies shall appoint no less than 10,000 qualified veterans during the five-year period. Requires a state, as a condition for receipt of a grant or contract from the VA for support of disabled veterans' outreach specialists and local veterans' employment representatives, to establish a program which issues a license or credential to a veteran without requiring any training or apprenticeship if such veteran: (1) receives a satisfactory score on completion of an examination administered by that state, and (2) has at least 10 years of experience in a military occupational specialty that is similar to the civilian occupation for which such license or credential is required. Directs the Secretary of Labor to: (1) furnish each one-stop (job search) center with a list of all Internet websites and applications identified as beneficial for veterans in pursuit of employment; and (2) coordinate with public and private entities to identify websites and applications not included on such list that match veterans seeking employment with available jobs based on skills acquired as members of the Armed Forces, and allow employers to post information about available jobs. Expands VA small business contracting goals to include small businesses fully, but conditionally, owned by one or more veterans. Treats the surviving spouse of a service-disabled veteran who acquires the ownership interest in a small business of the deceased veteran as such veteran, for purposes of eligibility for VA service-disabled small business contracting goals and preferences, for a period of: (1) 10 years after the veteran's death, if such veteran was either 100% disabled or died from a service-connected disability; or (2) 3 years after such death, if the veteran was less than 100% disabled and did not die from a service-connected disability. Treats a small business acquired by the surviving spouse or dependent from a member killed during active duty as a small business owned and controlled by a service-disabled veteran, for purposes of VA small business contracting goals and preferences. Continues such treatment for the period beginning on the date of the member's death and ending on the earlier of the date on which the surviving spouse remarries or relinquishes, or the date on which the surviving dependent relinquishes, such ownership interest or ten years after the member's death. Provides that if the Secretary determines, for purposes of VA small business contracting goals, that an individual would have had a greater degree of ownership of a small business in a state other than a community property state, then the Secretary shall treat such small business as licensed in a non-community property state. Directs the Secretary of Labor, during the three-year period beginning on the enactment of this Act, to provide the Transition Assistance Program (TAP) to veterans and their spouses at locations other than military installations in at least three, and up to five, states selected by the Secretary based on the highest rates of veteran unemployment.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Employee Participation Incentive Act of 1998''. SEC. 2. MAXIMUM RATE OF INCOME TAX FOR C CORPORATIONS WITH SUBSTANTIAL EMPLOYEE OWNERSHIP. (a) In General.--Section 11 of the Internal Revenue Code of 1986 (relating to tax on corporations) is amended by redesignating subsections (c) and (d) as subsections (d) and (e), respectively, and by inserting after subsection (b) the following new subsection: ``(c) Maximum Rate of 30 Percent for Corporations with Substantial Employee Ownership.-- ``(1) In general.--Except as provided in subsection (b)(2), the maximum rate of tax under subsection (b) shall be 30 percent with respect to any corporation if, with respect to such corporation-- ``(A) the employee voting percentage is at least 20 percent, and ``(B) the employee value percentage is at least 20 percent. ``(2) Definitions.--For purposes of this subsection-- ``(A) Employee ownership percentage.--The term `employee ownership percentage' means, with respect to a corporation, the lesser of the employee voting percentage or the employee value percentage. ``(B) Employee voting percentage.--The term `employee voting percentage' means the percentage of the total voting power of the stock of such corporation which is held directly by employees of such corporation. ``(C) Employee value percentage.--The term `employee value percentage' means the percentage of the total value of the stock of such corporation which is held directly by employees of such corporation. ``(D) Stock.--The term `stock' has the meaning given such term under section 1504. ``(3) Determination of ownership averages.-- ``(A) In general.--The determination of the employee voting percentage and the employee value percentage shall be made on the last day of the taxable year of the corporation. ``(B) Holdings of 5 percent shareholders and highly compensated employees disregarded.--Each such percentage shall be determined without regard the holdings of any highly compensated employee (as defined in section 414(q)). Notwithstanding the preceding sentence, the holdings of 5-percent owners (as defined in such section) shall be taken into account if the corporation has ____ or fewer employees. ``(C) Controlled groups.--In the case of corporations which are treated as a single employer under section 52(a)-- ``(i) such corporations shall be treated as 1 corporation for purposes of subparagraph (B), and ``(ii) the Secretary shall prescribe regulations-- ``(I) for the application of this subsection in the case of corporations filing a consolidated return, and ``(II) to prevent the abuse of the purposes of this subsection.''. (b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1998. SEC. 3. EXCLUSION FROM GROSS INCOME FOR COMPENSATION PAID IN STOCK BY CERTAIN CORPORATIONS. (a) In General.--Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to items specifically excluded from gross income) is amended by redesignating section 139 as section 140 and by inserting after section 138 the following new section: ``SEC. 139. COMPENSATION PAID IN STOCK BY CERTAIN CORPORATIONS. ``(a) In General.--In the case of an employee of an eligible corporation, gross income of such employee does not include remuneration received in the form of stock of such corporation or of any parent or subsidiary (within the meaning of section 422(b)) of such corporation. ``(b) Limitation.--The amount excluded under subsection (a) from the gross income of an employee for any taxable year shall not exceed 20 percent of the wages (as defined in section 3401(a) without regard to paragraph (22)) which would (but for this section) be includible in gross income for such year. ``(c) Eligible Corporation.--For purposes of this section, the term `eligible corporation' means, with respect to any taxable year of an employee, any corporation if-- ``(1) the corporation offers to pay remuneration for services performed during the calendar year in which or with which such taxable year ends in the form of stock of such corporation to at least 95 percent of such corporation's full- time employees, and ``(2) at least 95 percent of the value of the stock which is so offered during such calendar year is offered to employees whose wages (as defined in section 3401(a)) are among the bottom 75 percent of the employees when ranked on the basis of such wages. ``(d) Basis.--The amount excluded from gross income under this section shall not be taken into account in determining the basis of the stock.'' (b) Exclusion From Withholding.--Subsection (a) of section 3401 of such Code is amended by striking ``or'' at the end of paragraph (20), by striking the period at the end of paragraph (21) and inserting ``; or'', and by adding at the end the following new paragraph: ``(22) in the form of stock if at the time such stock is paid it is reasonable to believe that the employee will be able to exclude such stock from income under section 139.'' (c) Clerical Amendment.--The table of sections for such part III is amended by striking the last item and inserting the following new items: ``Sec. 139. Compensation paid in stock by certain corporations. ``Sec. 140. Cross references to other Acts.'' (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. SEC. 4. DEDUCTION ALLOWED TO ELIGIBLE CORPORATIONS AT TIME QUALIFIED STOCK OPTION GRANTED. (a) In General.--Subsection (a) of section 421 of the Internal Revenue Code of 1986 (relating to general rules for certain stock options) is amended by adding at the end the following flush sentence: ``Paragraph (2) shall not apply to options granted during any calendar year for which the corporation is an eligible corporation (as defined in section 139(c)).'' (b) Effective Date.--The amendment made by subsection (a) shall apply to options granted after the date of the enactment of this Act.

Employee Participation Incentive Act of 1998 - Amends the Internal Revenue Code to: (1) establish a maximum tax rate of 30 percent for certain corporations with both an employee voting and value percentage of at least 20 percent; (2) provide an exclusion, of up to 20 percent of wages, from gross income for compensation paid in stock by certain corporations; and (3) permit a deduction to certain corporations when granting qualified stock options.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Law Enforcement Congressional Badge of Bravery Act of 2007''. SEC. 2. FINDINGS. Congress finds as follows: (1) According to the Department of Justice, in the past 7 years, an average of 150 Federal law enforcement officers per year sustained physical injuries while dealing with an assaultive subject. (2) More than 70 Federal agencies employ Federal law enforcement officers but only 2 such agencies have an awards mechanism to recognize Federal law enforcement officers who are injured in the line of duty. (3) In contrast to the lack of an awards mechanism for Federal law enforcement officers, the President awards the Purple Heart for military personnel wounded or killed during armed service, and most State and local police departments have commendations and medals for officers who are injured in the line of duty. (4) Formal congressional recognition does not exist to honor Federal law enforcement officers who are injured in the line of duty. (5) It is appropriate for Congress to recognize and honor the brave men and women in Federal law enforcement who are injured while putting themselves at personal risk in the line of duty. SEC. 3. AUTHORIZATION OF A BADGE. The Attorney General may award, and a Member of Congress or the Attorney General may present, in the name of Congress a Congressional Badge of Bravery (in this Act referred to as the ``Badge'') to a Federal law enforcement officer who is cited by the Attorney General, upon the recommendation of the Congressional Badge of Bravery Board, for sustaining a physical injury while in the line of duty. SEC. 4. NOMINATIONS. (a) In General.--An agency head may nominate for a Badge an individual who meets the following criteria: (1) The individual is a Federal law enforcement officer working within the agency of the agency head making the nomination. (2) The individual sustained a physical injury while engaged in his or her lawful duties. (3) The individual put himself or herself at personal risk when the injury described in paragraph (2) occurred. (4) The injury described in paragraph (2) occurred during some form of conduct characterized as bravery by the agency head making the nomination. (b) Contents.--A nomination under subsection (a) shall include-- (1) a written narrative, of not more than 2 pages, describing the circumstances under which the nominee sustained a physical injury described in subsection (a) and how the circumstances meet the criteria described in such subsection; (2) the full name of the nominee; (3) the home mailing address of the nominee; (4) the agency in which the nominee served on the date when such nominee sustained a physical injury described in subsection (a); (5) the occupational title and grade or rank of the nominee; (6) the field office address of the nominee on the date when such nominee sustained a physical injury described in subsection (a); and (7) the number of years of Government service by the nominee as of the date when such nominee sustained a physical injury described in subsection (a). (c) Submission Deadline.--An agency head shall submit each nomination under subsection (a) to the Congressional Badge of Bravery Office by February 15 of the year following the date on which the nominee sustained a physical injury described in subsection (a). SEC. 5. CONGRESSIONAL BADGE OF BRAVERY BOARD. (a) Establishment.--There is established within the Department of Justice a Congressional Badge of Bravery Board (in this Act referred to as the ``Board''). (b) Duties.--The Board shall do the following: (1) Design the Badge with appropriate ribbons and appurtenances. (2) Select an engraver to produce each Badge. (3) Recommend recipients of the Badge from among those nominations timely submitted to the Congressional Badge of Bravery Office. (4) Annually present to the Attorney General the names of Federal law enforcement officers who the Board recommends as Badge recipients in accordance with the criteria described in section 4(a). (5) After approval by the Attorney General-- (A) procure the Badges from the engraver selected under paragraph (2); (B) send a letter announcing the award of each Badge to the agency head who nominated the recipient of such Badge; (C) send a letter to each Member of Congress representing the congressional district where the recipient of each Badge resides to offer such Member an opportunity to present such Badge; and (D) make or facilitate arrangements for presenting each Badge in accordance with section 7. (6) Set an annual timetable for fulfilling the duties described in this subsection. (c) Membership.-- (1) Number and appointment.--The Board shall be composed of 7 members (in this Act referred to as the ``Board members'') appointed as follows: (A) One member jointly appointed by the majority leader and minority leader of the Senate. (B) One member jointly appointed by the Speaker and minority leader of the House of Representatives. (C) One member from the Department of Justice appointed by the Attorney General. (D) One member from the Department of Homeland Security appointed by the Secretary of Homeland Security. (E) Three members of the Federal Law Enforcement Officers Association appointed by the Executive Board of the Federal Law Enforcement Officers Association. (2) Limitation.--No more than 5 Board members may be members of the Federal Law Enforcement Officers Association. (3) Qualifications.--Board members shall be individuals with knowledge or expertise, whether by experience or training, in the field of Federal law enforcement. (4) Terms and vacancies.--Each Board member shall be appointed for 2 years and may be reappointed. A vacancy in the Board shall not affect the powers of the Board and shall be filled in the same manner as the original appointment. (d) Operations.-- (1) Chairperson.--The Chairperson of the Board shall be a Board member elected by a majority of the Board. (2) Meetings.--The Board shall conduct its first meeting not later than 90 days after the appointment of a majority of Board members. Thereafter, the Board shall meet at the call of the Chairperson, or in the case of a vacancy of the position of Chairperson, at the call of the Attorney General. (3) Voting and rules.--A majority of Board members shall constitute a quorum to conduct business, but the Board may establish a lesser quorum for conducting hearings scheduled by the Board. The Board may establish by majority vote any other rules for the conduct of the business of the Board, if such rules are not inconsistent with this Act or other applicable law. (e) Powers.-- (1) Hearings.-- (A) In general.--The Board may hold hearings, sit and act at times and places, take testimony, and receive evidence as the Board considers appropriate to carry out the duties of the Board under this Act. The Board may administer oaths or affirmations to witnesses appearing before it. (B) Witness expenses.--Witnesses requested to appear before the Board may be paid the same fees as are paid to witnesses under section 1821 of title 28, United States Code. The per diem and mileage allowances for witnesses shall be paid from funds appropriated to the Board. (2) Information from federal agencies.--Subject to sections 552, 552a, and 552b of title 5, United States Code-- (A) the Board may secure directly from any Federal department or agency information necessary to enable it to carry out this Act; and (B) upon request of the Board, the head of that department or agency shall furnish the information to the Board. (3) Information to be kept confidential.--The Board shall not disclose any information which may compromise an ongoing law enforcement investigation or is otherwise required by law to be kept confidential. (f) Compensation.-- (1) In general.--Except as provided in paragraph (2), each Board member 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 Board member is engaged in the performance of the duties of the Board. (2) Prohibition of compensation for government employees.-- Board members who serve as officers or employees of Federal, a State, or a local government may not receive additional pay, allowances, or benefits by reason of their service on the Board. (3) Travel expenses.--Each Board member shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code. SEC. 6. CONGRESSIONAL BADGE OF BRAVERY OFFICE. There is established within the Department of Justice a Congressional Badge of Bravery Office (in this Act referred to as the ``Office''). The Office shall-- (1) receive nominations from agency heads on behalf of the Board and deliver such nominations to the Board at Board meetings described in section 5(d)(2); and (2) provide staff support to the Board to carry out the duties described in section 5(b). SEC. 7. PRESENTATION OF BADGES. (a) Presentation by Member of Congress.--A Member of Congress may present a Badge to any Badge recipient who resides in such Member's congressional district. If both a Senator and Representative choose to present a Badge, such Senator and Representative shall make a joint presentation. (b) Presentation by Attorney General.--If no Member of Congress chooses to present the Badge as described in subsection (a), the Attorney General, or a designee of the Attorney General, shall present such Badge. (c) Presentation Arrangements.--The office of the Member of Congress presenting each Badge may make arrangements for the presentation of such Badge, and if a Senator and Representative choose to participate jointly as described in subsection (a), the Members shall make joint arrangements. The Board shall facilitate any such presentation arrangements as requested by the congressional office presenting the Badge and shall make arrangements in cases not undertaken by Members of Congress. SEC. 8. DEFINITIONS. For purposes of this Act: (a) Federal Law Enforcement Officer.--The term ``Federal law enforcement officer'' means a Federal employee-- (1) who has statutory authority to make arrests; (2) who is authorized by his or her agency to carry firearms; and (3) whose duties are primarily-- (A) the investigation, apprehension, or detention of individuals suspected or convicted of a Federal criminal offense; or (B) the protection of Federal officials against threats to personal safety. (b) Agency Head.--The term ``agency head'' means the head of any executive, legislative, or judicial branch Government entity that employs Federal law enforcement officers.

Federal Law Enforcement Congressional Badge of Bravery Act of 2007 - Authorizes the Attorney General to award a Congressional Badge of Bravery to a federal law enforcement officer who sustains a physical injury in the line of duty. Sets forth requirements for agencies in nominating a law enforcement officer for a Badge. Establishes within the Department of Justice: (1) a Congressional Badge of Bravery Board to made recommendations for awarding a Badge; and (2) a Congressional Badge of Bravery Office to assist the Board. Authorizes Members of Congress or the Attorney General to make the presentations of Badges to law enforcement officers.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Yemen Security and Humanity Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Yemen, a country that has been plagued by violence and insurgency for many years, has been locked in a devastating civil war since 2015. (2) In April 2017, the World Food Programme announced that Yemen is on the brink of ``full-scale famine'' and classified approximately 7,000,000 Yemenis, including 2,200,000 children, as ``severely food insecure''. (3) Although many factors account for the famine conditions in Yemen, including years of government mismanagement, corruption, and natural disasters, the World Food Programme indicates that the impact of the conflict--including the destruction of public services, infrastructure, transport, and Yemen's economy--is having a significant impact on Yemen's food insecurity. (4) According to the United Nations International Children's Emergency Fund, a Yemeni child dies every ten minutes, on average, from malnutrition, diarrhea, or respiratory tract infections. (5) Disease, war, and desperate poverty in Yemen threaten United States core values and strategic priorities for combating global terror. (6) According to the January 2014 ``Worldwide Threat Assessment of the US Intelligence Community''-- (A) a ``[l]ack of adequate food will be a destabilizing factor in countries important to US national security that do not have the financial or technical abilities to solve their internal food security problems''; and (B) ``[f]ood and nutrition insecurity in weakly governed countries might also provide opportunities for insurgent groups to capitalize on poor conditions, exploit international food aid, and discredit governments for their inability to address basic needs''. (7) Yemen imports 90 percent of its food, a majority of which enters the country through the port of Hodeida, currently a Houthi-controlled city. (8) In response to the August 2015 bombing of the port of Hodeida, the United States Agency for International Development funded, in part, the replacement of port cranes destroyed in the bombing, though the replacements have not been delivered because of current conditions on the ground despite being essential to accelerate the rapid delivery of food from the port. (9) Relief organizations are concerned that the closure of the port of Hodeida for any reason could further exacerbate famine in Yemen because the majority of humanitarian aid enters the country through that port. SEC. 3. SENSE OF CONGRESS. It is the sense of Congress that-- (1) effectively addressing the famine conditions in Yemen is in the national security interests of the United States; (2) interventions supported by the United States to advance national security should also consider the impact of military engagement on humanitarian operations in such regions; and (3) bureaucratic procedures with respect to humanitarian aid must be urgently improved and expedited to allow for an expansion of the scale of the humanitarian operations providing such aid. SEC. 4. COORDINATION IN FAMINE-RISK AREAS. Section 5(a) of the Global Food Security Act of 2016 (22 U.S.C. 9304(a)) is amended-- (1) in paragraph (16), by striking ``and'' at the end; (2) in paragraph (17), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(18) facilitate coordination between the United States Agency for International Development, the United Nations Office for the Coordination of Humanitarian Affairs, and United States military personnel, with respect to famine-risk areas.''. SEC. 5. UNITED STATES SECURITY AND HUMANITARIAN SUPPORT STRATEGY FOR YEMEN. (a) In General.--Not later than 90 days after the date of the enactment of this Act, the Secretary of State and the Secretary of Defense, in coordination with the Administrator of the United States Agency for International Development, shall jointly submit to Congress a comprehensive report on United States security and humanitarian interests in Yemen, including each of the following: (1) The strategic objectives of the United States in Yemen, including humanitarian support to civilian populations under threat of famine, and the criteria for determining the success of such objectives. (2) A description of efforts to coordinate civilian and military efforts with respect to Yemen. (3) A description of the diplomatic strategy with respect to regional partners seeking to end the civil war in Yemen.

Yemen Security and Humanity Act This bill expresses the sense of Congress that: (1) addressing the famine conditions in Yemen is in U.S. national security interests, (2) U.S.-supported interventions to advance national security should consider the impact of military engagement on humanitarian operations, and (3) bureaucratic procedures with respect to humanitarian aid must be improved. The Global Food Security Act of 2016 is amended to include in the U.S. global comprehensive food security strategy, with respect to famine-risk areas, coordination among the U.S. Agency for International Development, the United Nations Office for the Coordination of Humanitarian Affairs, and the U.S. military. The Department of State and the Department of Defense shall jointly report to Congress regarding U.S. security and humanitarian interests in Yemen, including: (1) U.S. strategic objectives, including humanitarian support to famine-threatened civilian populations; (2) efforts to coordinate civilian and military efforts; and (3) the diplomatic strategy with respect to regional partners seeking to end Yemen's civil war.

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SECTION 1. RESIDENTIAL SUBSTANCE ABUSE TREATMENT FOR STATE PRISONERS. (a) Residential Substance Abuse Treatment for Prisoners.--Title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.), is amended-- (1) by redesignating part Q as part R; (2) by redesignating section 1701 as section 1801; and (3) by inserting after part P the following: ``PART Q--RESIDENTIAL SUBSTANCE ABUSE TREATMENT FOR STATE PRISONERS ``SEC. 1701. GRANT AUTHORIZATION. ``The Director of the Bureau of Justice Assistance (referred to in this part as the `Director') may make grants under this part to States, for the use by States and units of local government for the purpose of developing and implementing residential substance abuse treatment programs within State correctional facilities, as well as within local correctional facilities in which inmates are incarcerated for a period of time sufficient to permit substance abuse treatment. ``SEC. 1702. STATE APPLICATIONS. ``(a) In General.--(1) To request a grant under this part the chief executive of a State shall submit an application to the Director in such form and containing such information as the Director may reasonably require. ``(2) Such application shall include assurances that Federal funds received under this part shall be used to supplement, not supplant, non-Federal funds that would otherwise be available for activities funded under this part. ``(3) Such application shall coordinate the design and implementation of treatment programs between State correctional representatives and the State Alcohol and Drug Abuse agency (and, if appropriate, between representatives of local correctional agencies and representatives of either the State alcohol and drug abuse agency or any appropriate local alcohol and drug abuse agency). ``(b) Substance Abuse Testing Requirement.--To be eligible to receive funds under this part, a State must agree to implement or continue to require urinalysis or similar testing of individuals in correctional residential substance abuse treatment programs. Such testing shall include individuals released from residential substance abuse treatment programs who remain in the custody of the State. ``(c) Eligibility for Preference With After Care Component.-- ``(1) To be eligible for a preference under this part, a State must ensure that individuals who participate in the substance abuse treatment program established or implemented with assistance provided under this part will be provided with aftercare services. ``(2) State aftercare services must involve the coordination of the correctional facility treatment program with other human service and rehabilitation programs, such as educational and job training programs, parole supervision programs, half-way house programs, and participation in self- help and peer group programs, that may aid in the rehabilitation of individuals in the substance abuse treatment program. ``(3) To qualify as an aftercare program, the head of the substance abuse treatment program, in conjunction with State and local authorities and organizations involved in substance abuse treatment, shall assist in placement of substance abuse treatment program participants with appropriate community substance abuse treatment facilities when such individuals leave the correctional facility at the end of a sentence or on parole. ``(d) State Office.--The Office designated under section 507 of this title-- ``(1) shall prepare the application as required under section 1702, and ``(2) shall administer grant funds received under this part, including review of spending, processing, progress, financial reporting, technical assistance, grant adjustments, accounting, auditing, and fund disbursement. ``SEC. 1703. REVIEW OF STATE APPLICATIONS. ``(a) In General.--The Director shall make a grant under section 1701 to carry out the projects described in the application submitted under section 1702 upon determining that-- ``(1) the application is consistent with the requirements of this part; and ``(2) before the approval of the application the Director has made an affirmative finding in writing that the proposed project has been reviewed in accordance with this part. ``(b) Approval.--Each application submitted under section 1702 shall be considered approved, in whole or in part, by the Director not later than 45 days after first received unless the Director informs the applicant of specific reasons for disapproval. ``(c) Restriction.--Grant funds received under this part shall not be used for land acquisition or construction projects. ``(d) Disapproval Notice and Reconsideration.--The Director shall not disapprove any application without first affording the applicant reasonable notice and an opportunity for reconsideration. ``SEC. 1704. ALLOCATION AND DISTRIBUTION OF FUNDS. ``(a) Allocation.--Of the total amount appropriated under this part in any fiscal year-- ``(1) 0.4 percent shall be allocated to each of the participating States; and ``(2) of the total funds remaining after the allocation under paragraph (1), there shall be allocated to each of the participating States an amount which bears the same ratio to the amount of remaining funds described in this paragraph as the State prison population of such State bears to the total prison population of all the participating States. ``(b) Federal Share.--The Federal share of a grant made under this part may not exceed 75 percent of the total costs of the projects described in the application submitted under section 1702 for the fiscal year for which the projects receive assistance under this part. ``SEC. 1705. EVALUATION. ``Each State that receives a grant under this part shall submit to the Director an evaluation not later than March 1 of each year in such form and containing such information as the Director may reasonably require.''. (b) Conforming Amendment.--The table of contents of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.), is amended by striking the matter relating to part Q and inserting the following: ``Part Q--Residential Substance Abuse Treatment for Prisoners ``Sec. 1701. Grant authorization. ``Sec. 1702. State applications. ``Sec. 1703. Review of State applications. ``Sec. 1704. Allocation and distribution of funds. ``Sec. 1705. Evaluation. ``Part R--Transition--Effective Date--Repealer ``Sec. 1801. Continuation of rules, authorities, and proceedings.''. (c) Definitions.--Section 901(a) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3791(a)) is amended by adding after paragraph (23) the following: ``(24) The term `residential substance abuse treatment program' means a course of individual and group activities, lasting between 9 and 12 months, in residential treatment facilities set apart from the general prison population-- ``(A) directed at the substance abuse problems of the prisoner; and ``(B) intended to develop the prisoner's cognitive, behavioral, social, vocational, and other skills so as to solve the prisoner's substance abuse and related problems.''. SEC. 2. AUTHORIZATION OF APPROPRIATIONS. Section 1001(a) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3793), is amended by adding after paragraph (10) the following: ``(11) There are authorized to be appropriated $100,000,000 for each of the fiscal years 1994, 1995, and 1996 to carry out the projects under part Q.''. Passed the House of Representatives November 3, 1993. Attest: DONNALD K. ANDERSON, Clerk.

Amends the Omnibus Crime Control and Safe Streets Act of 1968 to authorize the Director of the Bureau of Justice Assistance to make grants to States for the purpose of developing and implementing residential substance abuse treatment programs within State correctional facilities, as well as within local correctional facilities in which inmates are incarcerated for a period of time sufficient to permit substance abuse treatment. Sets forth provisions regarding: (1) State application and eligibility requirements (including a drug testing requirement and a requirement for an aftercare component to be eligible for a preference); (2) the review of State applications; (3) the allocation and distribution of funds; and (4) State evaluations. Authorizes appropriations.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Reclaiming Expatriated Contracts and Profits Act''. SEC. 2. RESTRICTIONS ON FEDERAL CONTRACTS WITH CERTAIN INVERTED ENTITIES. (a) Restrictions.-- (1) Ban on certain inverted entities.--Notwithstanding any other provision of law-- (A) no officer or employee of the United States may enter into, extend, or modify a contract with a foreign incorporated entity treated as an inverted domestic corporation under subsection (c) during the restriction period for the entity, and (B) any officer or employee of the United States entering into a contract after the date of the enactment of this Act shall include in the contract a prohibition on the subcontracting of any portion of the contract to any foreign incorporated entity treated as an inverted domestic corporation under subsection (c) during the restriction period for the entity. (2) Mandatory reduction in contract evaluation of certain entities.-- (A) In general.--If, during the restriction period for an acquired entity to which this section applies, the entity makes an offer in response to a solicitation of offers for a contract with the United States, any officer or employee of the United States evaluating the offer shall, solely for purposes of awarding the contract, adjust the evaluation as follows: (i) In the case of a contract to be entered into with an offeror selected solely on the basis of price, the price offered by such acquired entity shall be deemed to be equal to 110 percent of the price actually offered. (ii) In the case of a contract to be entered into with an offeror on the basis of two or more evaluation factors, the quantitative evaluation of the offer made by such acquired entity shall be deemed to be reduced by 10 percent. (B) Application to certain contractors.--If a person other than an entity to which this paragraph applies makes an offer for a contract with the United States, and it is reasonable to assume at the time of the offer that any portion of the work will be subcontracted to such an entity, subparagraph (A) shall be applied to such offer in the same manner as if the person making the offer were such an entity. (3) Application to related entities.--Paragraphs (1) and (2) shall also apply during the restriction period for an entity to-- (A) a member of an expanded affiliated group which includes the entity, and (B) any other related person with respect to the entity. (b) Exceptions.-- (1) Presidential waiver.--The President of the United States may waive the application of subsection (a) with respect to any contract if the President determines that the waiver is necessary in the interest of national security. (2) Exception where no tax avoidance purpose.-- (A) In general.--This section shall not apply to a foreign incorporated entity or an acquired entity if the entity requests, and the Secretary of the Treasury issues, a determination letter that the acquisition described in subsection (c)(1)(A) with respect to the entity did not have as one of its principal purposes the avoidance of Federal income taxation. (B) Procedures.--The Secretary of the Treasury shall prescribe the time and manner of filing a request under this paragraph. (C) Stay of restriction period.-- (i) In general.--The restriction period with respect to an entity filing a request under this paragraph shall not begin until the Secretary of the Treasury notifies the entity that it will not issue a determination letter with respect to the request. (ii) No action.--If the Secretary takes no action with respect to a request during the 1- year period beginning on the date of the request (or such longer period as the Secretary and the entity may agree upon), the Secretary shall be treated as having issued a determination letter described in subparagraph (A). This clause shall not apply to a request if the entity does not submit the request in proper form or the entity does not provide the information the Secretary requests to process the request. (c) Inverted Domestic Corporation.--For purposes of this section-- (1) In general.--A foreign incorporated entity shall be treated as an inverted domestic corporation if, pursuant to a plan (or a series of related transactions)-- (A) the entity completes after the date of the enactment of this Act the direct or indirect acquisition of substantially all of the properties held directly or indirectly by a domestic corporation or substantially all of the properties constituting a trade or business of a domestic partnership, (B) after the acquisition at least 80 percent of the stock (by vote or value) of the entity is held-- (i) in the case of an acquisition with respect to a domestic corporation, by former shareholders of the domestic corporation by reason of holding stock in the domestic corporation, or (ii) in the case of an acquisition with respect to a domestic partnership, by former partners of the domestic partnership by reason of holding a capital or profits interest in the domestic partnership, and (C) the expanded affiliated group which after the acquisition includes the entity does not have substantial business activities in the foreign country in which or under the law of which the entity is created or organized when compared to the total business activities of such expanded affiliated group. (2) Rules for application of subsection.--In applying this subsection, the following rules shall apply: (A) Certain stock disregarded.--There shall not be taken into account in determining ownership for purposes of paragraph (1)(B)-- (i) stock held by members of the expanded affiliated group which includes the foreign incorporated entity, or (ii) stock of such entity which is sold in a public offering related to the acquisition described in paragraph (1)(A). (B) Plan deemed in certain cases.--If a foreign incorporated entity acquires directly or indirectly substantially all of the properties of a domestic corporation or partnership during the 4-year period beginning on the date which is 2 years before the ownership requirements of paragraph (1)(B) are met with respect to such corporation or partnership, such actions shall be treated as pursuant to a plan. (C) Certain transfers disregarded.--The transfer of properties or liabilities (including by contribution or distribution) shall be disregarded if such transfers are part of a plan a principal purpose of which is to avoid the purposes of this section. (D) Special rule for related partnerships.--For purposes of applying this subsection to the acquisition of a domestic partnership, except as provided in regulations, all partnerships which are under common control (within the meaning of section 482 of the Internal Revenue Code of 1986) shall be treated as 1 partnership. (E) Treatment of certain rights.--The Secretary of the Treasury shall prescribe such regulations as may be necessary-- (i) to treat warrants, options, contracts to acquire stock, convertible debt instruments, and other similar interests as stock, and (ii) to treat stock as not stock. (d) Acquired Entity to Which Section Applies.-- (1) In general.--This section shall apply to an acquired entity if a foreign incorporated entity would be treated as an inverted domestic corporation with respect to the acquired entity if subsection (c)(1)(B) were applied by substituting ``50 percent'' for ``80 percent''. (2) Application to certain acquisitions before enactment.-- This section shall apply to an acquired entity if a foreign incorporated entity would be treated as an inverted domestic corporation if subsection (c)(1) were applied-- (A) by substituting ``after December 31, 1996, and on or before the date of the enactment of this Act,'' for ``after the date of the enactment of this Act'' in subparagraph (A), and (B) by substituting ``50 percent'' for ``80 percent'' in subparagraph (B). (3) Acquired entity.--For purposes of this section-- (A) In general.--The term `acquired entity' means the domestic corporation or partnership substantially all of the properties of which are directly or indirectly acquired in an acquisition described in subsection (c)(1)(A) to which this subsection applies. (B) Aggregation rules.--Any domestic person bearing a relationship described in section 267(b) or 707(b) of the Internal Revenue Code of 1986 to an acquired entity shall be treated as an acquired entity with respect to the acquisition described in subparagraph (A). (e) Definitions.--For purposes of this section-- (1) Expanded affiliated group.--The term ``expanded affiliated group'' means an affiliated group as defined in section 1504(a) of the Internal Revenue Code of 1986 (without regard to section 1504(b)(3) of such Code), except that section 1504(a) of such Code shall be applied by substituting ``more than 50 percent'' for ``at least 80 percent'' each place it appears. (2) Foreign incorporated entity.--The term ``foreign incorporated entity'' means any entity which is treated as a foreign corporation for purposes of such Code. (3) Related person.--The term ``related person'' means, with respect to any entity, a person which-- (A) bears a relationship to such entity described in section 267(b) or 707(b) of such Code, or (B) is under the same common control (within the meaning of section 482 of such Code) as such entity. (4) Restriction period.-- (A) In general.--The term ``restriction period'' means, with respect to any entity, the period-- (i) beginning on the date substantially all of the properties to be acquired as part of the acquisition described in subsection (c)(1)(A) are acquired, and (ii) to the extent provided by the Secretary of the Treasury, ending on the date the income and gain from such properties is subject to United States taxation in the same manner as if such properties were held by a United States person. (B) Special rules for acquired entities.-- (i) 10-year limit.--In the case of an acquired entity to which subsection (a)(2) applies, the restriction period shall end no later than the date which is 10 years from the date described in subparagraph (A)(i) (or, if later, the date of the enactment of this Act). (ii) Subsequent acquisitions by unrelated domestic corporations.-- (I) In general.--Subject to such conditions, limitations, and exceptions as the Secretary of the Treasury may prescribe, if, after an acquisition described in subsection (c)(1)(A) to which subsection (a)(2) applies, a domestic corporation the stock of which is traded on an established securities market acquires directly or indirectly any properties of one or more acquired entities, then the restriction period for any such acquired entity with respect to which the requirements of clause (ii) are met shall end immediately after such acquisition. (II) Requirements.--The requirements of this subclause are met with respect to a transaction involving any acquisition described in subclause (I) if-- (aa) before such transaction the domestic corporation did not have a relationship described in section 267(b) or 707(b) of such Code, and was not under common control (within the meaning of section 482 of such Code), with the acquired entity, or any member of an expanded affiliated group including such entity, and (bb) after such transaction, such acquired entity is a member of the same expanded affiliated group which includes the domestic corporation or has such a relationship or is under such common control with any member of such group, and is not a member of, and does not have such a relationship and is not under such common control with any member of, the expanded affiliated group which before such acquisition included such entity. (5) Other definitions.--The terms ``person'', ``domestic'', and ``foreign'' have the same meanings given such terms by section 7701(a) of such Code. (f) Assistance.--The Secretary of the Treasury or his delegate shall assist officers and employees of the United States in carrying out the provisions of this section, including providing assistance in identifying entities to which this section applies.

Reclaiming Expatriated Contracts and Profits Act - Prohibits awarding Federal contracts or subcontracts to foreign incorporated entities treated as inverted domestic corporations (a domestic corporation 80 percent of the stock of which is controlled by the former domestic stockholders or partners after the corporation is acquired by a foreign entity) and requires adjustments to Federal contract bids from certain previously acquired entities (a price increase for bids evaluated solely on price; a quantitative evaluation reduction for bids evaluated on two or more factors) for a specified period following such acquisition.Authorizes: (1) a presidential waiver in the interest of national security; and (2) an exception to the application of this Act for entities that were not acquired to avoid Federal income taxation.

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SECTION 1. MODIFIED PROCEDURES. (a) In General.--Section 404(d) of title 39, United States Code, is amended by striking the matter before paragraph (5) and inserting the following: ``(d)(1) Before making any determination under subsection (a)(3) to close or consolidate a post office, the Postal Service shall conduct an investigation to assess the need for the proposed closure or consolidation and shall provide appropriate notice to the persons served by such post office to ensure that such persons will have an opportunity to present their views. Such notice shall be made to each person by mail, as well as by publication in newspapers of general circulation in the area within which such persons reside. ``(2) In deciding whether or not to close or consolidate a post office, the Postal Service-- ``(A) shall consider-- ``(i) the effect such closing or consolidation would have on the community served by such post office; ``(ii) the effect such closing or consolidation would have on employees of the Postal Service employed at such office; and ``(iii) whether such closing or consolidation would be consistent with the policy of the Government, as stated in section 101(b), that the Postal Service shall provide a maximum degree of effective and regular postal services to rural areas, communities, and small towns where post offices are not self-sustaining; and ``(B) may not consider compliance with any provision of the Occupational Safety and Health Act of 1970. ``(3)(A) A decision to proceed with the proposal to close or consolidate, following an investigation under paragraph (1), shall be made in writing and shall include the findings of the Postal Service with respect to each of the considerations specified in paragraph (2)(A). ``(B) Notice of the decision and findings under subparagraph (A) shall be posted prominently in each post office that would be affected, and notice of the posting shall be sent by mail to all persons served by such post office, at least 90 days before a final determination is made, to ensure that such persons will have an opportunity to submit comments. ``(C) Any posting under subparagraph (B) shall include the following: `This is notice of a proposal to _____ this post office. A final determination will not be made before the end of the 90-day period beginning on the date on which this notice is first posted.', with the blank space being filled in with `close' or `consolidate' (whichever is appropriate), and with instructions for how any interested person may submit comments. ``(4) A final determination to close or consolidate a post office shall be made, in writing, after taking into consideration any comments received in the course of the 90-day period referred to in paragraph (3). The Postal Service shall take no action to close or consolidate a post office before the end of the 60-day period beginning on the date as of which the Postal Service-- ``(A) posts a copy of its final determination in a prominent location in each affected post office; and ``(B) sends to all persons served by such post office-- ``(i) a notice of such determination; and ``(ii) notice of any appeal rights available with respect to such determination.''. (b) Suspension Pending Appeal.--Section 404(d)(5) of title 39, United States Code, is amended in the next to last sentence by striking ``may suspend'' and inserting ``shall suspend''. (c) Exception.--Section 404(d) of title 39, United States Code, is amended by adding at the end the following: ``(7) The preceding provisions of this subsection shall not apply in the case of a closing or consolidation which occurs-- ``(A) by reason of an emergency suspension, as defined under regulations of the Postal Service; or ``(B) in the case of a leased facility, by reason of the termination or cancellation of the lease by a party other than the Postal Service.''. SEC. 2. DEFINITIONS. Section 404 of title 39, United States Code, is amended by adding at the end the following: ``(f) For purposes of this section-- ``(1) the term `post office' includes an office, branch, station, or other facility which-- ``(A) is operated by the Postal Service; and ``(B) provides services to persons described in paragraph (2); and ``(2) any reference to the persons served by a post office shall include any postal patrons receiving mail delivery service from such post office, residents within any ZIP code served by such post office, postal patrons holding post office boxes at such post office, and (as further defined under regulations of the Postal Service) the relevant local government officials.''.

Modifies the procedures the U.S. Postal Service must follow in connection with the closing or consolidation of any post office, including: (1) requiring an assessment of the need for the closure or consolidation; (2) eliminating a requirement to consider the resulting Postal Service economic savings; (3) requiring a posting in each affected post office at least 90 days before the final decision is made; and (4) requiring (currently, allowing) suspension of the determination pending an appeal to the Postal Regulatory Commission. Provides for exceptions for emergency suspensions (as defined under Postal Service regulations) or lease termination or cancellation by a party other than the Postal Service. Defines "post office," for the provisions amended by this Act, to include an office, branch, station, or other facility operated by the Postal Service.

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SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Essential Oral Health Care Act of 2007''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--PUBLIC-PRIVATE PARTNERSHIP TO IMPROVE ORAL HEALTH ACCESS Sec. 101. Grants to develop and implement pilot community dental health coordinator (CDHC) training programs and to support volunteer dental projects. TITLE II--STATE OPTION FOR IMPROVING MEDICAID AND SCHIP DENTAL SERVICES ACCESS Sec. 201. Support for ensuring children enrolled in Medicaid and SCHIP have dental services access equal to the pediatric population of the State. TITLE III--TAX CREDIT FOR DONATED DENTAL SERVICES Sec. 301. Tax credit for donation of certain dental services. TITLE I--PUBLIC-PRIVATE PARTNERSHIP TO IMPROVE ORAL HEALTH ACCESS SEC. 101. GRANTS TO DEVELOP AND IMPLEMENT PILOT COMMUNITY DENTAL HEALTH COORDINATOR (CDHC) TRAINING PROGRAMS AND TO SUPPORT VOLUNTEER DENTAL PROJECTS. Title V of the Social Security Act (42 U.S.C. 701, et seq.) is amended by adding at the end the following new sections: ``SEC. 511. GRANTS TO DEVELOP AND IMPLEMENT PILOT COMMUNITY DENTAL HEALTH COORDINATOR (CDHC) TRAINING PROGRAMS. ``(a) Authority To Make Grants.--In addition to any other payments made under this title to a State, the Secretary shall award grants to no more than six entities that satisfy the requirements of subsection (b) to participate as a pilot site for the Community Dental Health Coordinator (in this section referred to as the `CDHC') model developed as a new mid-level allied dental professional who will work in underserved communities where residents have no or limited access to oral health care. Under such a grant each CDHC-- ``(1) will be employed by a federally-qualified health center, Indian Health Service facility, State or county public health clinic, private practitioner serving dentally underserved populations, or similar entity; and ``(2) will work under the supervision of a licensed dentist in collaboration with health organizations, community organizations, schools, or other similar organizations, to provide community-focused oral health promotion and coordination of dental care. ``(b) Requirements.--In order to be eligible for a grant under this section, an entity shall provide the Secretary with the following assurances: ``(1) The entity will recruit and train no fewer than 12 CDHCs in a 3-year period. ``(2) The entity will work with a State-specific coordinating committee that includes representatives of agencies such as the State board of dentistry, dental associations, and dental academic institutions where the pilot projects are conducted, as well as the American Dental Association's Workforce Models National Coordinating and Development Committee (NCDC). ``(3) The entity will provide information required in conducting the evaluation under subsection (d). ``(c) Application.--An entity desiring a grant under this section shall submit an application to the Secretary in such manner as the Secretary may require. ``(d) Evaluation.--The Secretary shall provide for an evaluation over a 2-year period of the overall success of the grants provided under this section to be conducted by a national evaluation team and coordinated by the American Dental Association's Workforce Models National Coordinating and Development Committee (NCDC). ``(e) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section such sums as are necessary for each of fiscal years 2008 through 2012. ``SEC. 512. GRANTS TO SUPPORT VOLUNTEER DENTAL PROJECTS. ``(a) Authority To Make Grants.--In addition to any other payments made under this title to a State, the Secretary shall award grants to eligible entities as defined in subsection (b) to purchase portable or mobile dental equipment and to pay for appropriate operational costs, including direct health care or service delivery costs, for the provision of free (or subsidized) dental services to underserved populations. ``(b) Eligible Entity.--An eligible entity under this subsection is an organization, such as a State or local dental association, dental school, a hospital with a postdoctoral dental education program, or a community-based organization that partners with an academic institution, that is exempt from tax under section 501(c) of the Internal Revenue Code of 1986 and that offers a free dental services program for underserved populations. ``(c) Application.--An institution desiring a grant under this section shall submit an application to the Secretary in such manner as the Secretary may require. ``(d) Authorization of Appropriations.--There are authorized to be appropriated to make grants under this section $3,000,000 for each of fiscal years 2008 through 2012.''. TITLE II--STATE OPTION FOR IMPROVING MEDICAID AND SCHIP DENTAL SERVICES ACCESS SEC. 201. SUPPORT FOR ENSURING CHILDREN ENROLLED IN MEDICAID AND SCHIP HAVE DENTAL SERVICES ACCESS EQUAL TO THE PEDIATRIC POPULATION OF THE STATE. (a) Medicaid.--Section 1903 of the Social Security Act (42 U.S.C. 1396b) is amended by adding at the end the following new subsection: ``(aa) Equal Access to Oral Health Care for Pediatric Population Plan.-- ``(1) Increase in fmap for states implementing equal access requirements.--In order to ensure adequate provider participation in the plan under this title and to ensure that children enrolled in the plan have access to oral health care services to the same extent as such services are available to the pediatric population of the State, subject to paragraph (3), in the case of a State that amends its plan under this title to incorporate, and to implement, the requirements specified in paragraph (2), notwithstanding section 1905(b), the Federal medical assistance percentage applied under the plan with respect to expenditures for dental and oral health services for children shall be increased by 25 percentage points, but not to exceed 90 percent. ``(2) Provider participation and access requirements.--The requirements specified in this paragraph for a State are that the State provides the Secretary with assurances regarding each of the following: ``(A) Children enrolled in the State plan have access to oral health care services to the same extent as such services are available to the pediatric population of the State. ``(B) Payment for dental services for children under the State plan is made at levels consistent with the market-based rates. ``(C) No fewer than 35 percent of the practicing dentists (including a reasonable mix of general dentists, pediatric dentists, and oral and maxillofacial surgeons) in the State participate (whether directly or through a plan providing dental services) under the State plan and there is reasonable distribution of such dentists serving the covered population. ``(D) Administrative barriers under this title are addressed to facilitate such provider participation, including improving eligibility verification, ensuring that any licensed dentist may participate in a publicly funded plan without also having to participate in any other plan, simplifying claims forms processing, assigning a single plan administrator for the dental program, and employing case managers to reduce the number of missed appointments. ``(E) Demand for services barriers under this title are addressed, such as educating caregivers regarding the need to seek dental services and addressing oral health care literacy issues. ``(3) 3 year review.--Every 3 years the Secretary shall evaluate the impact of the increase in the FMAP under paragraph (1) on the rate of participation of dentists and the use of dental services under the State plan. If the Secretary determines that such increase in the FMAP has not resulted in a commensurate increase in such participation and use rate, as determined in consultation with the State involved, paragraph (1) shall no longer apply in such State.''. (b) Application to SCHIP.--Section 2105(b) of such Act (42 U.S.C. 1397ee(b)) is amended by adding at the end the following: ``Notwithstanding the previous sentence, the provisions of section 1903(aa) shall apply with respect to the enhanced FMAP and the State plan under this title in the same manner as such provisions apply with respect to the Federal medical assistance percentage and the State plan under title XIX.''. (c) Effective Date.--The amendments made by this section shall apply to expenditures in calendar quarters beginning on or after October 1, 2007. TITLE III--TAX CREDIT FOR DONATED DENTAL SERVICES SEC. 301. TAX CREDIT FOR DONATION OF CERTAIN DENTAL SERVICES. (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 45N the following new section: ``SEC. 45O. DONATION OF CERTAIN DENTAL SERVICES. ``(a) In General.--For purposes of section 38, the qualified dental services credit determined under this subsection for any taxable year is an amount equal to 30 percent of the sum of the discounted amounts with respect to qualified dental services provided by the taxpayer during the taxable year to qualified low income individuals. ``(b) Limitation.--The credit determined under subsection (a) with respect to any taxpayer for any taxable year shall not exceed $5,000. ``(c) Discounted Amounts.--For purposes of the this section-- ``(1) In general.--The term `discounted amount' means, with respect to any qualified dental service, the excess of-- ``(A) the usual amount charged by the taxpayer to an uninsured individual for such service, over ``(B) any amount charged or received by the taxpayer for such service. ``(2) Discount must be at least 90 percent.--Such term shall not include any amount with respect to any qualified dental service if the amount described in paragraph (1)(B) with respect to such service exceeds 10 percent of the amount described in paragraph (1)(A) with respect to such service. ``(d) Qualified Low Income Individuals.--For purposes of this section, the term `qualified low income individual' means any individual whose family income does not exceed 200 percent of the poverty line (as defined by the Office of Management and Budget). ``(e) Qualified Dental Services.--For purposes of this section, the term ``qualified dental services'' means any dental service which is necessary to prevent disease or promote oral health, restore oral structure to health and function, or to treat an emergency condition.''. (b) Conforming Amendments.-- (1) Section 38(b) of such Code is amended by striking ``plus'' at the end of paragraph (30), by striking the period at the end of paragraph (31) and inserting ``, plus'', and by adding at the end the following: ``(32) the qualified dental services credit determined under section 45O(a).''. (2) The table of sections of such subpart is amended by inserting after the item relating to section 45N the following new item: ``Sec. 45O. Donation of certain dental services.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2006.

Essential Oral Health Care Act of 2007 - Amends title V (Maternal and Child Health Services) of the Social Security Act (SSA) to direct the Secretary of Health and Human Services to award grants to up to six entities to participate as pilot sites for the Community Dental Health Coordinator model developed as a new mid-level allied dental professional who will work in underserved communities where residents have no or limited access to oral health care. Requires the Secretary also to award grants to eligible entities to: (1) purchase portable or mobile dental equipment; and (2) pay for appropriate operational costs for the provision of free dental services to underserved populations. Amends SSA title XIX (Medicaid) and title XXI (State Children's Health Insurance Program (SCHIP)) to provide for an increase in the federal medical assistance percentage (FMAP) for states implementing requirements that ensure that children enrolled in the state Medicaid plan and/or SCHIP have access to oral health care services to the same extent as such services are available to the pediatric population of the state. Amends the Internal Revenue Code to allow a tax credit for the donation of qualified dental services to qualified low income individuals.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Louis L. Redding Fair, Accurate, Secure, and Timely Voting Act of 2016'' or the ``FAST Voting Act of 2016''. SEC. 2. INCENTIVES FOR STATES TO INVEST IN PRACTICES AND TECHNOLOGY THAT ARE DESIGNED TO EXPEDITE VOTING AT THE POLLS AND SIMPLIFY VOTER REGISTRATION. (a) Purposes.--The purposes of this section are to-- (1) provide incentives for States to invest in practices and technology that are designed to expedite voting at the polls; and (2) provide incentives for States to simplify voter registration. (b) Reservation of Funds.--From the amount made available to carry out this section for a fiscal year, the Attorney General may reserve not more than 10 percent of such amount to carry out activities related to-- (1) technical assistance; and (2) outreach and dissemination. (c) Program Authorized.-- (1) In general.--From the amounts made available under subsection (h) for a fiscal year and not reserved under subsection (b), the Attorney General shall award grants, on a competitive basis, to States in accordance with subsection (d)(2), to enable the States to carry out the purposes of this section. (2) Number of grants.--A State may not receive more than 1 grant under this section per grant period. (3) Duration of grants.-- (A) In general.--A grant under this section shall be awarded for a period of not more than 4 years. (B) Continuation of grants.--A State that is awarded a grant under this section shall not receive grant funds under this section for the second or any subsequent year of the grant unless the State demonstrates to the Attorney General, at such time and in such manner as determined by the Attorney General, that the State is-- (i) making progress in implementing the plan under subsection (d)(1)(C) at a rate that the Attorney General determines will result in the State fully implementing such plan during the remainder of the grant period; or (ii) making progress against the performance measures set forth in subsection (e) at a rate that the Attorney General determines will result in the State reaching its targets and achieving the objectives of the grant during the remainder of the grant period. (d) Applications.-- (1) Applications.--Each State that desires to receive a grant under this section shall submit an application to the Attorney General at such time, in such manner, and containing such information as the Attorney General may reasonably require. At a minimum, each such application shall include-- (A) documentation of the applicant's record, as applicable-- (i) in providing various voter registration opportunities; (ii) in providing early voting; (iii) in providing absentee voting; (iv) in providing assistance to voters who do not speak English as a primary language; (v) in providing assistance to voters with disabilities; (vi) in providing effective access to voting for members of the armed services; (vii) in providing formal training of election officials; (viii) in auditing or otherwise documenting waiting times at polling stations; (ix) in allocating polling locations, equipment, and staff to match population distribution; (x) in responding to voting irregularities and concerns raised at polling stations; (xi) in creating and adhering to contingency voting plans in the event of a natural or other disaster; and (xii) with respect to any other performance measure described in subsection (e) that is not included in clauses (i) through (xi); (B) evidence of conditions of innovation and reform that the applicant has established and the applicant's proposed plan for implementing additional conditions for innovation and reform, including-- (i) a description of how the applicant has identified and eliminated ineffective practices in the past and the applicant's plan for doing so in the future; (ii) a description of how the applicant has identified and promoted effective practices in the past and the applicant's plan for doing so in the future; and (iii) steps the applicant has taken and will take to eliminate statutory, regulatory, procedural, or other barriers and to facilitate the full implementation of the proposed plan under this subparagraph; (C) a comprehensive and coherent plan for using funds under this section, and other Federal, State, and local funds, to improve the applicant's performance on the measures described in subsection (e), consistent with criteria set forth by the Attorney General, including how the applicant will, if applicable-- (i) provide flexible registration opportunities, including online and same-day registration and registration updating; (ii) provide early voting, at a minimum of 9 of the 10 calendar days preceding an election, at sufficient and flexible hours; (iii) provide absentee voting, including no-excuse absentee voting; (iv) provide assistance to voters who do not speak English as a primary language; (v) provide assistance to voters with disabilities, including visual impairment; (vi) provide effective access to voting for members of the armed services; (vii) provide formal training of election officials, including State and county administrators and volunteers; (viii) audit and reduce waiting times at polling stations; (ix) allocate polling locations, equipment, and staff to match population distribution; (x) respond to any reports of voting irregularities or concerns raised at the polling station; (xi) create contingency voting plans in the event of a natural or other disaster; and (xii) improve the wait times at the persistently poorest performing polling stations within the jurisdiction of the applicant; (D) evidence of collaboration between the State, local election officials, and other stakeholders, in developing the plan described in subparagraph (C), including evidence of the commitment and capacity to implement the plan; (E) the applicant's annual performance measures and targets, consistent with the requirements of subsection (e); and (F) a description of the applicant's plan to conduct a rigorous evaluation of the effectiveness of activities carried out with funds under this section. (2) Criteria for evaluating applications.-- (A) Award basis.--The Attorney General shall award grants under this section on a competitive basis, based on the quality of the applications submitted under paragraph (1), including-- (i) each applicant's record in the areas described in paragraph (1)(A); (ii) each applicant's record of, and commitment to, establishing conditions for innovation and reform, as described in paragraph (1)(B); (iii) the quality and likelihood of success of each applicant's plan described in paragraph (1)(C) in showing improvement in the areas described in paragraph (1)(A), including each applicant's capacity to implement the plan and evidence of collaboration as described in paragraph (1)(D); and (iv) each applicant's evaluation plan as described in paragraph (1)(F). (B) Explanation.--The Attorney General shall publish an explanation of how the application review process under this paragraph will ensure an equitable and objective evaluation based on the criteria described in subparagraph (A). (e) Performance Measures.--Each State receiving a grant under this section shall establish performance measures and targets, approved by the Attorney General, for the programs and activities carried out under this section. These measures shall, at a minimum, track the State's progress-- (1) in implementing its plan described in subsection (d)(1)(C); (2) in expediting voting at the polls or simplifying voter registration, as applicable; and (3) on any other measures identified by the Attorney General. (f) Uses of Funds.--Each State that receives a grant under this section shall use the grant funds for any purpose included in the State's plan under subsection (d)(1)(C). (g) Reporting.--A State that receives a grant under this section shall submit to the Attorney General, at such time and in such manner as the Attorney General may require, an annual report including-- (1) data on the State's progress in achieving the targets for the performance measures established under subsection (e); (2) a description of the challenges the State has faced in implementing its program and how it has addressed or plans to address those challenges; and (3) findings from the evaluation plan as described in subsection (d)(1)(F). (h) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this section.

Louis L. Redding Fair, Accurate, Secure, and Timely Voting Act of 2016 or the FAST Voting Act of 2016 This bill directs the Department of Justice (DOJ) to award grants, on a competitive basis, to enable states to: (1) invest in practices and technology designed to expedite voting at the polls, and (2) simplify voter registration. The grant application shall include a comprehensive and coherent plan for using funds to improve the applicant's performance on specified measures with respect to: (1) flexible registration opportunities, (2) early and absentee voting, (3) assistance to non-English speaking and disabled voters, and (4) other related matters. Each grantee shall establish performance measures and targets, approved by DOJ , that track its progress in implementing its plan and expediting voting at the polls or simplifying voter registration, as applicable.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Community Investment Demonstration Act of 1993''. SEC. 2. SECTION 8 COMMUNITY INVESTMENT DEMONSTRATION PROGRAM. (a) Authority.--Using amounts available pursuant to section 5(c)(7)(B)(ii) of the United States Housing Act of 1937, the Secretary of Housing and Urban Development (in this section referred to as the ``Secretary'') shall carry out a demonstration program to provide project-based rental assistance under section 8 of such Act on behalf of low-income families residing in housing that is constructed, rehabilitated, or acquired pursuant to a loan or other financing from an eligible pension fund. Notwithstanding section 514(d) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1144(d)), nothing in this section shall be construed to authorize any action or failure to act that would otherwise constitute a violation of such Act with respect to an eligible pension fund. (b) Contract Terms.--Assistance provided under the demonstration under this section with respect to eligible housing-- (1) shall be project-based assistance that is attached to the eligible housing; and (2) shall be provided pursuant to a contract entered into by the Secretary and the owner of the eligible housing that-- (A) provides such assistance for a term of not less than 60 months and not more than 180 months; and (B) provides that the contract rents for dwelling units in the eligible housing shall be determined by the Secretary taking into consideration any costs for construction, rehabilitation, or acquisition of the housing, except that such contract rent may not exceed the contract rent permitted pursuant to section 8 of the United States Housing Act of 1937. (c) Eligible Housing.--The Secretary may enter into a commitment to provide assistance pursuant to this section with respect to a housing project only if-- (1) the housing is-- (A) a multifamily housing project owned by the Secretary or subject to a mortgage held by the Secretary that is delinquent, under a workout agreement, or being foreclosed upon by the Secretary; (B) designated by the Secretary under section 24(b) of the United States Housing Act of 1937 as a severely distressed public housing project; (C) a multifamily housing project eligible for assistance for troubled projects under section 201 of the Housing and Community Development Amendments of 1978; (D) a multifamily housing project located in a empowerment zone or enterprise community designated pursuant to Federal law; or (E) any other multifamily housing project, including a project to be occupied by homeless persons (as such term is defined in section 103 of the Stewart B. McKinney Homeless Assistance Act) or homeless families; (2) the Secretary determines that the owner of the housing has obtained commitments, satisfactory in the determination of the Secretary, for financing for the construction, acquisition, or rehabilitation of the housing from an eligible pension fund; (3) the mortgage for the housing meets standards regarding securitization and such additional standards regarding financing as the Secretary may establish; (4) in the case of any housing that is to be constructed, the Secretary determines that the owner of the housing has provided reasonable assurances to the Secretary that the owner will own or have control of a site for the housing (which may be a suitable site different from the site specified in the application under subsection (d)) not later than 12 months after notification of the award of assistance under this section; (5) the housing and any work done with respect to the housing will comply with any applicable environmental laws or regulations; (6) the construction, rehabilitation, or acquisition of the housing is not inconsistent with the approved comprehensive housing affordability strategy under title I of the Cranston- Gonzalez National Affordable Housing Act for the jurisdiction in which the housing is located; and (7) the housing complies with any other requirements established by the Secretary to carry out the demonstration under this section. (d) Applications.--The Secretary shall provide for the owners of eligible housing, together with the eligible pension funds providing financing for the housing, to jointly submit applications for assistance under this section. An application shall include a description of the housing to be constructed, rehabilitated, or acquired, the location of the housing (or the site for the construction of the housing), the terms of the financing by the eligible pension fund, a request for a specific amount of assistance under this section for a specific term, and such other information as the Secretary may require. (e) Selection and Determination of Assistance.-- (1) In general.--The Secretary shall select eligible housing for assistance under this section from among applications submitted pursuant to subsection (d) and, subject to the provisions of this section, shall determine the amount of assistance to be provided for selected housing that is appropriate to maintain the affordability and feasibility of the housing. (2) Limitation.--Of any amounts made available for the demonstration under this section pursuant to the amendment made by subsection (l) of this section, during the 6-month period beginning on the date that such amounts first are made available by the Secretary for assistance under this section, the Secretary may not provide (or make any commitment to provide) more than 50 percent of such amounts for assistance for eligible housing financed by any single eligible pension fund. (f) Relation to PHA Project-Based Limit.--Project-based assistance provided under this section shall not be considered for purposes of any percentage limitation under section 8(d)(2)(A) or (B) of the United States Housing Act of 1937 regarding the amount of assistance under such section that may be attached to the structure. (g) Use in Property Disposition Program.-- (1) Authority.--Notwithstanding any provision of section 203 of the Housing and Community Development Amendments of 1978, assistance provided in connection with the disposition of a multifamily housing project under such section 203 may have a contract term of less than 15 years if such assistance is provided (A) under a contract under the demonstration under this section, and (B) pursuant to a disposition plan under such section 203 for the project that is approved under such section by the Secretary as otherwise in compliance with the requirements of such section. (2) Allocation.--Of the amounts made available in each fiscal year for assistance under the demonstration under this section, a significant amount may be used in connection with the disposition under section 203 of the Housing and Community Development Amendments of 1978 of eligible housing. (h) Reports.-- (1) GAO.--The Comptroller General of the United States shall submit to the Congress reports under this paragraph evaluating the effectiveness of the demonstration under this section. Such reports shall be submitted not later than the expiration of the 2-year period beginning on the date of the enactment of this section and not later than the expiration of the 6-month period beginning upon the termination date under subsection (k). (2) Secretary.--The Secretary shall submit an annual report to the Congress for each fiscal year in which the Secretary provides assistance pursuant to contracts entered into under this section. The reports shall summarize the activities carried out under this section, describe the housing assisted and the amounts of assistance provided, and include any findings and recommendations of the Secretary as a result of the demonstration under this section. Each such report shall be submitted not later than the expiration of the 3-month period beginning upon the conclusion of the fiscal year for which the report is made. (i) Definitions.--For purposes of this section: (1) The term ``eligible housing'' means housing for which the requirements under subsection (c) have been met. (2) The term ``eligible pension fund'' means any-- (A) trust, fund, plan, or other program established or maintained by any employer or other person for the purpose of providing income or benefits to employees after the termination of employment or deferring income by employees until after the termination of employment, or (B) other entity that invests principally the amounts of any trust, fund, plan, or other program referred to in subparagraph (A), that the Secretary considers appropriate for purposes of this section. (j) Regulations.--The Secretary shall issue any final regulations necessary to carry out this section not later than the expiration of the 45-day period beginning on the date of the enactment of this section. (k) Termination Date.--The Secretary may not enter into any new commitment to provide assistance under this section after September 30, 1998. (l) Funding.--Section 5(c)(7)(B)(ii) of the United States Housing Act of 1937 (42 U.S.C. 1437c(c)(7)(B)(ii)) is amended by inserting after ``8(i)(2);'' the following: ``and of which not more than $100,000,000 shall be available for the community investment demonstration program under section 5 of the Homeless and Community Development Amendments Act of 1993;''. Passed the House of Representatives August 2, 1993. Attest: DONNALD K. ANDERSON, Clerk.

Community Investment Demonstration Act of 1993 - Directs the Secretary of Housing and Urban Development to carry out a community investment demonstration program through FY 1998 to provide project-based rental assistance (under section 8 of the United States Housing Act of 1937) on behalf of low-income families in specified housing that is constructed, rehabilitated, or acquired pursuant to a loan or other financing from an eligible pension fund. Prohibits for the first six months any single pension fund from receiving more than half the authorized assistance. Requires the General Accounting Office to evaluate the program's effectiveness. Obligates specified funds for the program from section 8 amounts under the United States Housing Act of 1937.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Do-Not-Track Online Act of 2011''. SEC. 2. REGULATIONS RELATING TO ``DO-NOT-TRACK'' MECHANISMS. (a) In General.--Not later than 1 year after the date of the enactment of this Act, the Federal Trade Commission shall promulgate-- (1) regulations that establish standards for the implementation of a mechanism by which an individual can simply and easily indicate whether the individual prefers to have personal information collected by providers of online services, including by providers of mobile applications and services; and (2) rules that prohibit, except as provided in subsection (b), such providers from collecting personal information on individuals who have expressed, via a mechanism that meets the standards promulgated under paragraph (1), a preference not to have such information collected. (b) Exception.--The rules promulgated under paragraph (2) of subsection (a) shall allow for the collection and use of personal information on an individual described in such paragraph, notwithstanding the expressed preference of the individual via a mechanism that meets the standards promulgated under paragraph (1) of such subsection, to the extent-- (1) necessary to provide a service requested by the individual, including with respect to such service, basic functionality and effectiveness, so long as such information is anonymized or deleted upon the provision of such service; or (2) the individual-- (A) receives clear, conspicuous, and accurate notice on the collection and use of such information; and (B) affirmatively consents to such collection and use. (c) Factors.--In promulgating standards and rules under subsection (a), the Federal Trade Commission shall consider and take into account the following: (1) The appropriate scope of such standards and rules, including the conduct to which such rules shall apply and the persons required to comply with such rules. (2) The technical feasibility and costs of-- (A) implementing mechanisms that would meet such standards; and (B) complying with such rules. (3) Mechanisms that-- (A) have been developed or used before the date of the enactment of this Act; and (B) are for individuals to indicate simply and easily whether the individuals prefer to have personal information collected by providers of online services, including by providers of mobile applications and services. (4) How mechanisms that meet such standards should be publicized and offered to individuals. (5) Whether and how information can be collected and used on an anonymous basis so that the information-- (A) cannot be reasonably linked or identified with a person or device, both on its own and in combination with other information; and (B) does not qualify as personal information subject to the rules promulgated under subsection (a)(2). (6) The standards under which personal information may be collected and used, subject to the anonymization or deletion requirements of subsection (b)(1)-- (A) to fulfill the basic functionality and effectiveness of an online service, including a mobile application or service; (B) to provide the content or services requested by individuals who have otherwise expressed, via a mechanism that meets the standards promulgated under subsection (a)(1), a preference not to have personal information collected; and (C) for such other purposes as the Commission determines substantially facilitates the functionality and effectiveness of the online service, or mobile application or service, in a manner that does not undermine an individual's preference, expressed via such mechanism, not to collect such information. (d) Rulemaking.--The Federal Trade Commission shall promulgate the standards and rules required by subsection (a) in accordance with section 553 of title 5, United States Code. SEC. 3. ENFORCEMENT OF ``DO-NOT-TRACK'' MECHANISMS. (a) Enforcement by Federal Trade Commission.-- (1) Unfair or deceptive acts or practices.--A violation of a rule promulgated under section 2(a)(2) shall be treated as an unfair and deceptive act or practice in violation of a regulation under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)) regarding unfair or deceptive acts or practices. (2) Powers of commission.-- (A) In general.--Except as provided in subparagraph (C), the Federal Trade Commission shall enforce this Act in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this Act. (B) Privileges and immunities.--Except as provided in subparagraph (C), 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 (15 U.S.C. 41 et seq.). (C) Nonprofit organizations.--The Federal Trade Commission shall enforce this Act with respect to an organization that is not organized to carry on business for its own profit or that of its members as if such organization were a person 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)). (b) Enforcement by States.-- (1) In general.--In any case in which the attorney general of a State has reason to believe that an interest of the residents of the State has been or is threatened or adversely affected by the engagement of any person subject to a rule promulgated under section 2(a)(2) in a practice that violates the rule, the attorney general of the State may, as parens patriae, bring a civil action on behalf of the residents of the State in an appropriate district court of the United States-- (A) to enjoin further violation of such rule by such person; (B) to compel compliance with such rule; (C) to obtain damages, restitution, or other compensation on behalf of such residents; (D) to obtain such other relief as the court considers appropriate; or (E) to obtain civil penalties in the amount determined under paragraph (2). (2) Civil penalties.-- (A) Calculation.--Subject to subparagraph (B), for purposes of imposing a civil penalty under paragraph (1)(E) with respect to a person that violates a rule promulgated under section 2(a)(2), the amount determined under this paragraph is the amount calculated by multiplying the number of days that the person is not in compliance with the rule by an amount not greater than $16,000. (B) Maximum total liability.--The total amount of civil penalties that may be imposed with respect to a person that violates a rule promulgated under section 2(a)(2) shall not exceed $15,000,000 for all civil actions brought against such person under paragraph (1) for such violation. (C) Adjustment for inflation.--Beginning on the date on which the Bureau of Labor Statistics first publishes the Consumer Price Index after the date that is 1 year after the date of the enactment of this Act, and annually thereafter, the amounts specified in subparagraphs (A) and (B) shall be increased by the percentage increase in the Consumer Price Index published on that date from the Consumer Price Index published the previous year. (3) Rights of federal trade commission.-- (A) Notice to federal trade commission.-- (i) In general.--Except as provided in clause (iii), the attorney general of a State shall notify the Federal Trade Commission in writing that the attorney general intends to bring a civil action under paragraph (1) before initiating the civil action. (ii) Contents.--The notification required by clause (i) with respect to a civil action shall include a copy of the complaint to be filed to initiate the civil action. (iii) Exception.--If it is not feasible for the attorney general of a State to provide the notification required by clause (i) before initiating a civil action under paragraph (1), the attorney general shall notify the Federal Trade Commission immediately upon instituting the civil action. (B) Intervention by federal trade commission.--The Federal Trade Commission may-- (i) intervene in any civil action brought by the attorney general of a State under paragraph (1); and (ii) upon intervening-- (I) be heard on all matters arising in the civil action; and (II) file petitions for appeal of a decision in the civil action. (4) Investigatory powers.--Nothing in this subsection may be construed to prevent the attorney general of a State from exercising the powers conferred on the attorney general by the laws of the State to conduct investigations, to administer oaths or affirmations, or to compel the attendance of witnesses or the production of documentary or other evidence. (5) Preemptive action by federal trade commission.--If the Federal Trade Commission institutes a civil action or an administrative action with respect to a violation of a rule promulgated under section 2(a)(2), the attorney general of a State may not, during the pendency of such action, bring a civil action under paragraph (1) against any defendant named in the complaint of the Commission for the violation with respect to which the Commission instituted such action. (6) Venue; service of process.-- (A) Venue.--Any action brought under paragraph (1) may be brought in-- (i) the district court of the United States that meets applicable requirements relating to venue under section 1391 of title 28, United States Code; or (ii) another court of competent jurisdiction. (B) Service of process.--In an action brought under paragraph (1), process may be served in any district in which the defendant-- (i) is an inhabitant; or (ii) may be found. (7) Actions by other state officials.-- (A) In general.--In addition to civil actions brought by attorneys general under paragraph (1), any other officer of a State who is authorized by the State to do so may bring a civil action under paragraph (1), subject to the same requirements and limitations that apply under this subsection to civil actions brought by attorneys general. (B) Savings provision.--Nothing in this subsection may be construed to prohibit an authorized official of a State from initiating or continuing any proceeding in a court of the State for a violation of any civil or criminal law of the State. SEC. 4. BIENNIAL REVIEW AND ASSESSMENT. Not later than 2 years after the effective date of the regulations initially promulgated under section 2, the Federal Trade Commission shall-- (1) review the implementation of this Act; (2) assess the effectiveness of such regulations, including how such regulations define or interpret the term ``personal information'' as such term is used in section 2; (3) assess the effect of such regulations on online commerce; and (4) submit to Congress a report on the results of the review and assessments required by this section.

Do-Not-Track Online Act of 2011 - Requires the Federal Trade Commission (FTC) to promulgate: (1) regulations that establish standards for the implementation of a mechanism by which an individual can indicate whether he or she prefers to have personal information collected by providers of online services, including by providers of mobile applications and services; and (2) rules that prohibit such providers from collecting personal information on individuals who have expressed a preference not to have such information collected. Requires such rules to allow for the collection and use of personal information if: (1) the information is necessary to provide a service requested by the individual so long as identifying particulars are removed or the information is deleted upon the provision of such service; or (2) the individual receives clear, conspicuous, and accurate notice on, and consents to, such collection and use. Provides for FTC and state enforcement of such rules and regulations.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Consumer Financial Privacy Protection Act of 1998''. SEC. 2. CONSUMER FINANCIAL PRIVACY. The Consumer Credit Protection Act (15 U.S.C. 1601 et seq.) is amended by adding at the end the following new title: ``TITLE X--CONSUMER FINANCIAL PRIVACY ``CHAPTER 1--GENERAL PROVISIONS ``SEC. 1001. SHORT TITLE. ``This chapter may be cited as the `Financial Institution Privacy Protection Act'. ``SEC. 1002. DEFINITIONS. ``For purposes of this title, the following definitions shall apply: ``(1) Customer.--The term `customer' has the meaning given to such term in section 1101(5) of the Right to Financial Privacy Act of 1978. ``(2) Customers' financial information.--The term `customers' financial information' means any information maintained by a financial institution which is derived from the relationship between the financial institution and a customer of the financial institution and is identifiable to the customer, including account numbers, account balances and other account data, transactional information concerning any account, and codes, passwords, and other means of access to accounts or means to initiate transactions. ``(3) Document.--The term `document' means any information in any form.-- ``(4) Financial institution.-- ``(A) In general.--The term `financial institution' means any institution engaged in the business of providing financial services to customers who maintain a credit, deposit, trust, or other financial account or relationship with the institution. ``(B) Certain financial institutions specifically included.--The term `financial institution' includes any depository institution (as defined in section 19(b)(1)(A) of the Federal Reserve Act), any broker or dealer in investment securities, any insurance company, any loan or finance company, any investment adviser or investment company, any credit card issuer or operator of a credit card system, and any consumer reporting agency that compiles and maintains files on consumers on a nationwide basis (as defined in section 603(p)). ``(C) Further definition by regulation.--The Federal Trade Commission may prescribe regulations clarifying or describing the types of institutions which shall be treated as financial institutions for purposes of this title. ``(5) Financial regulatory agency.--The term `financial regulatory agency' means any Federal banking agency (as defined in section 3(z) of the Federal Deposit Insurance Act, the National Credit Union Administration Board, the Securities and Exchange Commission, the Commodity Futures Trading Commission, the Secretary of the Treasury, and the Federal Trade Commission. ``(6) Personal information.--The term `personal information' means any information which is not financial information and is personal to or identifiable with any individual or other person, including any current or former name of the person, any current or former address, telephone number, and e-mail address (including any information relating to any change of name, address, or telephone number) of the person or any member of the person's family (including any ancestor of such person), any Social Security or tax identification number of the person or any member of such person's family, the date of birth of the person or any member of the person's family, and other information which could be used to identify the person. ``(7) Record.--The term `record' means any customer personal or financial information or any document, file, film, electronic file, or other instrument used to collect, aggregate, store, identify, or disseminate personal or financial information. ``SEC. 1003. PROTECTION OF FINANCIAL INFORMATION. ``(a) In General.--Financial institutions have an affirmative and continuing obligation to respect the privacy of their customers and to protect the security and confidentiality of customers' financial and personal information. ``(b) Financial Institution Safeguards.--Pursuant to subsection (a), financial institutions shall establish appropriate administrative, technical and physical safeguards to insure the security and confidentiality of financial and personal records and to protect against any anticipated threats or hazards to the security or integrity of such records which could result in substantial harm, embarrassment, inconvenience, or unfairness to any customer or other persons on whom such information is maintained. ``(c) Information Collection and Disclosure.-- ``(1) Collection of only essential customer information.--A financial institution shall collect personal and financial information about a customer only to the extent necessary to facilitate customer-initiated transactions and to administer an ongoing business relationship with the customer, provided that the financial institution reasonably believes that such information will be protected against any disclosure or use that may harm, embarrass, or inconvenience the customer. ``(2) Prohibition on disclosures.--A financial institution shall not disclose or provide customer financial or personal information to a third party for their independent use, except to the extent that disclosure of such information-- ``(A) is necessary to complete a customer-initiated transaction; ``(B) is requested by the customer and reasonable steps are taken to verify the identity of the customer pursuant to section 1004; ``(C) is required by law by a public agency or court as part of an investigation, subpoena, judgment, or other legal or public proceeding; or ``(D) is disclosed to the customer, with separate and explicit notice identifying the purpose for such disclosure, the customer's right to deny disclosure of such information and the procedures for making such denial, as provided in regulation under section 1004(a)(5). ``SEC. 1004. REGULATIONS. ``(a) Regulations Required.--The financial regulatory agencies shall prescribe uniform regulations to carry out the purposes of this chapter. ``(b) Safeguards.--Regulations prescribed under this section shall require each financial institution (which is subject to such regulation) to establish appropriate safeguards to insure the security and confidentiality of customer records, including policies and procedures to-- ``(1) assure that customer records are current and accurate and provide for prompt correction of any record or information in response to a customer's inquiry where such customer has reason to believe that the information is incomplete or inaccurate. ``(2) limit employee access to financial records and personally identifiable information and to train employees on how to maintain the security and confidentiality of such records and information; (3) maintain appropriate security standards and procedures to prevent unauthorized access to consumer identifiers and information, which shall include appropriate procedures for customer identification and verification, including use of customer passwords other than information readily available in the public domain, biometric identifiers, and other technical or electronic security measures; ``(4) require that third parties that receive customer information also agree to maintain the confidentiality of customer information; and ``(5) provide appropriate disclosure to customers regarding the financial institution's privacy policies and customer privacy rights, which shall include clear and conspicuous disclosure of the following information-- ``(A) the type of information to be disclosed to third parties and the purposes for such disclosure; ``(B) the option and procedure available to the customer to prevent such disclosure of information; and ``(C) the procedures for filing a complaint regarding the use of any confidential information disclosed to a third party by the financial institution, including the appropriate telephone numbers for filing a complaint with the financial institution and with Federal and State regulatory agencies. ``(c) Model Forms and Disclosures.--The financial regulatory agencies shall provide model disclosure statements and clauses, as appropriate, to facilitate compliance with the disclosure requirements of section 1003(c)(2)(D). A financial institution that properly uses the material aspects of the model disclosures shall be deemed to be in compliance with the requirement for disclosure under this section. ``(d) Effective Dates.--A regulation prescribed under this section shall not take effect before the end of the 6-month period beginning on the date the regulation is published in final form in the Federal Register. A financial regulatory agency may lengthen this period where, in its determination, additional time is necessary to permit appropriate implementation of security measures by financial institutions. ``SEC. 1005. ADMINISTRATIVE ENFORCEMENT. ``(a) Enforcement by Federal Trade Commission.-- ``(1) In general.--Except as provided in subsection (b), compliance with this title shall be enforced under the Federal Trade Commission Act by the Federal Trade Commission. ``(2) Violations of this title treated as violations of federal trade commission act.-- ``(A) In general.--For the purpose of the exercise by the Federal Trade Commission of the Commission's functions and powers under the Federal Trade Commission Act, any violation of any requirement or prohibition imposed under this title with respect to information brokers shall constitute an unfair or deceptive act or practice in commerce in violation of section 5(a) of the Federal Trade Commission Act. ``(B) Enforcement authority under other law.--All functions and powers of the Federal Trade Commission under the Federal Trade Commission Act shall be available to the Commission to enforce compliance with this title by any person subject to enforcement by the Federal Trade Commission pursuant to this subsection, including the power to enforce the provisions of this title in the same manner as if the violation had been a violation of any Federal Trade Commission trade regulation rule, without regard to whether the person-- ``(i) is engaged in commerce; or ``(ii) meets any other jurisdictional tests in the Federal Trade Commission Act. ``(C) Civil penalties.--Any person violating any of the provisions of this title (other than a person subject to enforcement in accordance with subsection (b)) shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act as though the applicable terms and provisions thereof were part of this title. ``(b) Enforcement By Other Agencies in Certain Cases.-- ``(1) In general.--Compliance with this title shall be enforced under-- ``(A) section 8 of the Federal Deposit Insurance Act, in the case of-- ``(i) national banks, and Federal branches and Federal agencies of foreign banks, by the Comptroller of the Currency; ``(ii) member banks of the Federal Reserve System (other than national banks), branches and agencies of foreign banks (other than Federal branches, Federal agencies, and insured State branches of foreign banks), commercial lending companies owned or controlled by foreign banks, and organizations operating under section 25 or 25A of the Federal Reserve Act, by the Board of Governors of the Federal Reserve System; ``(iii) banks insured by the Federal Deposit Insurance Corporation (other than members of the Federal Reserve System) and insured State branches of foreign banks, by the Board of Directors of the Federal Deposit Insurance Corporation; ``(iv) savings associations the deposits of which are insured by the Federal Deposit Insurance Corporation, by the Director of the Office of Thrift Supervision; ``(B) the Federal Credit Union Act, by the Administrator of the National Credit Union Administration with respect to any Federal credit union; ``(C) the Farm Credit Act of 1971, by the Farm Credit Administration with respect to any Federal land bank, Federal land bank association, Federal intermediate credit bank, or production credit association ``(D) the securities laws (as defined in section 3(a)(47) of the Securities Exchange Act of 1934) by the Securities and Exchange Commission with respect to any person subject to the securities laws; and ``(E) the Commodity Exchange Act, by the Commodity Futures Trading Commission with respect to any person subject to such Act. ``SEC. 1006. CIVIL LIABILITY. ``If any person knowingly fails to comply with any requirement of this chapter or any regulation issued under this chapter and a customer of a financial institution sustains substantial financial injury and inconvenience as a result of the disclosure of confidential information, such person shall be liable to the customer in an amount equal to the sum of-- ``(1) the greater of-- ``(A) any actual damages sustained by the customer as a result of the failure; or ``(B) $500; ``(2) such amount of additional damages as the court may allow; and ``(3) in the case of any successful action to enforce any liability under this section, the costs of the action together with reasonable attorney's fees as determined by the court. ``SEC. 1007. WAIVER OF RIGHTS. ``(a) Waiver of Rights, Remedies, Requirements, and Obligations Prohibited.--No writing or other agreement between a financial institution and any customer may contain any provision which constitutes a waiver of any requirement or obligation under this chapter nor a waiver of any right or cause of action created by this chapter. ``(b) Rule of Construction.--Subsection (a) shall not be construed as prohibiting any writing or other agreement between a financial institution and a customer which grants to a consumer a more extensive right or remedy or greater protection than that contained in or required under this chapter. ``SEC. 1008. RELATION TO STATE LAW. ``(a) In General.--This chapter shall not be construed as annulling, altering, or affecting the laws of any State with respect to financial privacy practices, or exempting any person subject to the provisions of this title from complying with such State laws, except to the extent that those laws are inconsistent with any provision of this chapter, and then only to the extent of the inconsistency. ``(b) Greater Protection Under State Law.--For purposes of this section, a State law is not inconsistent with this title if the protection such law affords any consumer is greater than the protection provided by this chapter.''.

Consumer Financial Privacy Protection Act of 1998 - Amends the Consumer Credit Protection Act to add a new title entitled the Financial Institution Privacy Protection Act. Declares that financial institutions have an affirmative and continuing obligation to respect the privacy of their customers and to protect the security and confidentiality of customers' financial and personal information. Sets forth a statutory framework within which financial institutions shall establish administrative, technical, and physical safeguards to insure the security and confidentiality of financial and personal records and to protect against anticipated threats or hazards to the security or integrity of such records. Requires the Federal Trade Commission and, for specified cases, the financial regulatory agencies to enforce this Act. Subjects financial institutions to civil liability for harm sustained by a customer as a result of noncompliance with this Act.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Gray Market Drug Reform and Transparency Act of 2012''. SEC. 2. PROHIBITION AGAINST WHOLESALE DISTRIBUTORS PURCHASING PRESCRIPTION DRUGS FROM PHARMACIES. (a) Prohibited Act.--Section 301 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 331) is amended by adding at the end the following: ``(aaa) The purchase or receipt by any person required to report under section 510(b)(3) (relating to wholesale distributors of prescription drugs) of any drug subject to section 503(b)(1) from a pharmacy or pharmacist, except that this paragraph does not apply to the return of a drug to the wholesale distributor from which the particular drug was purchased.''. (b) Misbranding.--Section 502 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 352) is amended by adding at the end the following: ``(aa) If it is purchased or received in violation of section 301(aaa) (prohibiting the purchase or receipt of prescription drugs by wholesale distributors from pharmacists).''. SEC. 3. REPORTING BY WHOLESALE DISTRIBUTORS OF PRESCRIPTION DRUGS. (a) Reporting Requirement.-- (1) In general.--Section 510 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360) is amended-- (A) in subsection (b), by adding at the end the following: ``(3) On or before December 31 of each year, every person engaged in the wholesale distribution in interstate commerce of drugs subject to section 503(b)(1) shall report to the Secretary such person's name, contact information for such person's principal officer (or the designee thereof), such person's places of business, such person's licensing information (including the type of license and expiration date) for each State in which such person is so engaged, and such other information as the Secretary deems appropriate.''; (B) in subsection (c), by adding at the end: ``Every person upon first engaging in the wholesale distribution in interstate commerce of drugs subject to section 503(b)(1) shall immediately report to the Secretary the information described in subsection (b)(3).''; and (C) in subsection (d), by adding at the end the following: ``Every person duly reporting in accordance with the foregoing subsections shall immediately report to the Secretary with respect to any additional establishment which the person owns or operates in any State and in which the person begins the wholesale distribution in interstate commerce of drugs subject to section 503(b)(1).''. (2) Reporting number.--Subsection (e) of section 510 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360) is amended-- (A) by striking ``registration number'' and inserting ``registration or reporting number''; and (B) by inserting ``or reporting in accordance with subsections (b)(3), (c), or (d)'' after ``registered in accordance with this section''. (3) Public availability; database.--Subsection (f) of section 510 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360) is amended-- (A) by striking ``(f)'' and inserting ``(f)(1)''; and (B) by adding at the end the following: ``(2)(A) The Secretary, acting directly or by entering into a contract with a private entity, shall establish and maintain a database including all information reported under subsection (b)(3), the second sentence of subsection (c), and the second sentence of subsection (d). ``(B) Subject to subparagraph (C), the Secretary shall make the information in such database publicly available, including on the public Website of the Food and Drug Administration. ``(C) The Secretary may choose to restrict the Secretary's disclosure of any information reported under subsection (b)(3), (c), or (d)-- ``(i) that relates to a storage facility; and ``(ii) whose disclosure would, as determined by the Secretary, compromise the security of such facility.''. (4) Conforming amendments.-- (A) Section 301(p) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 331(p)) is amended by inserting ``the failure to report in accordance with subsection (b)(3), (c), or (d) of section 510,'' after ``The failure to register in accordance with section 510 or 905,''. (B) Section 502(o) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 352(o)) is amended by inserting ``if it was distributed in interstate commerce by a person in violation of the reporting requirements of subsection (b)(3), (c), or (d) of section 510,'' before ``if it was not included''. (C) Section 510 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360) is amended-- (i) in subsection (g)-- (I) in paragraph (3), by adding ``or'' at the end; (II) by striking paragraph (4); (III) by redesignating paragraph (5) as paragraph (4); (IV) in paragraph (4) (as so redesignated), by inserting ``or reporting, as applicable,''; and (V) by striking the matter following paragraph (4) (as so redesignated); (ii) in subsection (h), by adding at the end the following: ``Every establishment in any State used by a person required to report under subsection (b)(3), (c), or (d) for the wholesale distribution in interstate commerce of drugs subject to section 503(b)(1) shall be subject to inspection pursuant to section 704.''; and (iii) in subsection (j), by adding at the end the following: ``(4) The provisions of this subsection shall apply with respect to a person required to report under subsection (b)(3), (c), or (d) for the wholesale distribution in interstate commerce of drugs subject to section 503(b)(1) to the same extent and in the same manner as such provisions apply to persons required to register under subsection (b), (c), (d), or (i), except that-- ``(A) any reference to manufacturing shall be treated as a reference to wholesale distribution; and ``(B) any reference to a drug shall be treated as a reference to a drug subject to section 503(b)(1).''; and (D) in subsection (p), by inserting ``and reports under subsection (b)(3), (c), and (d)'' before ``shall be submitted''. (b) Information on State Actions Against Wholesale Distributors of Prescription Drugs.--Paragraph (2) of section 510(f) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360(f)), as added by subsection (a)(3)(B) of this section, is amended-- (1) in subparagraph (A), by adding at the end of the subparagraph the following: ``Such database shall also include information on actions (such as suspension or revocation of licensing) taken by States against persons engaged in wholesale distribution of drugs subject to section 503(b)(1).''; and (2) by adding at the end the following: ``(D) The Secretary shall encourage States to report the type of information described in the second sentence of subparagraph (A) to the Food and Drug Administration-- ``(i) in a consistent manner; and ``(ii) on a voluntary basis.''. (c) Fees for Reporting.--Subchapter C of chapter VII (21 U.S.C. 379f et seq.) is amended by adding at the end the following: ``PART 7--FEES RELATING TO WHOLESALE DISTRIBUTORS OF PRESCRIPTION DRUGS ``SEC. 744. AUTHORITY TO ASSESS AND COLLECT FEES. ``(a) In General.--For fiscal year 2013 and each subsequent fiscal year, the Secretary shall assess and collect fees under this section from each person that reports under section 510(b)(3) to engage in the wholesale distribution in interstate commerce of drugs subject to section 503(b)(1). ``(b) Establishment of Amount.-- ``(1) In general.--Not later than 1 year after the date of the enactment of the Gray Market Drug Reform and Transparency Act of 2012, the Secretary shall promulgate a final regulation establishing the amount of fees under this section for the period of fiscal years 2013 through 2017 so as to generate a total revenue amount not exceeding the Secretary's estimate of 100 percent of the costs described in subsection (c) during such period. ``(2) Consideration.--In establishing the amount of fees under this section, the Secretary shall take into consideration the amount of annual revenues of a person to be assessed such fees in comparison with the amount of annual revenues of other persons to be assessed such fees. ``(c) Costs To Be Funded Through Fees.--The fees authorized by this section shall only be collected and available to pay the costs incurred by the Food and Drug Administration in-- ``(1) implementing the reporting requirement under section 510(b)(3); and ``(2) establishing and maintaining an up-to-date database of the information collected pursuant to such requirement. ``(d) Crediting and Availability Fees.--Fees authorized under subsection (a) shall be collected and available for obligation only to the extent and in the amount provided in advance in appropriation Acts. Such fees are authorized to remain available until expended. Such sums as may be necessary may be transferred from the Food and Drug Administration salaries and expenses appropriation account without fiscal year limitation to such appropriation account for salaries and expenses with such fiscal year limitation. The sums transferred shall be available solely for the costs described in subsection (c). ``(e) Authorization of Appropriations.--For each of the fiscal years 2013 through 2017, there is authorized to be appropriated for fees under this section an amount equal to the total revenue amount determined under subsection (b) for the fiscal year. ``(f) Offset.--If the sum of the cumulative amount of fees collected under this section for the fiscal years 2013 through 2015 and the amount of fees estimated to be collected under this section for fiscal year 2016 exceeds the cumulative amount appropriated pursuant to subsection (e) for the fiscal years 2013 through 2016, the excess shall be credited to the appropriation account of the Food and Drug Administration as provided in subsection (d), and shall be subtracted from the amount of fees that would otherwise be authorized to be collected under this section pursuant to appropriation Acts for fiscal year 2017.''. SEC. 4. IDENTIFICATION OF SALES PRICE FOR DRUGS IN SHORTAGE. (a) Identification of Sales Price for Drugs in Shortage.--Paragraph (1) of section 503(e) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 353(e)) is amended-- (1) in subparagraph (A), by inserting before the period at the end the following: ``, the amount paid for such drug by the person receiving it if such drug is in shortage at the time of the sale, and the amount paid for such drug for any prior sale that occurred at a time when such drug was in shortage''; and (2) by adding at the end the following new subparagraph: ``(C) In this paragraph, the term `in shortage' means listed on the public Website of the Food and Drug Administration, at the time of the sale to be identified in the statement required by subparagraph (A), as being in shortage.''. (b) Applicability.--The amendment made by subsection (a) applies only with respect to sales of a drug occurring on or after the date that is 1 year after the date of the enactment of this Act.

Gray Market Drug Reform and Transparency Act of 2012 - Amends the Federal Food, Drug, and Cosmetic Act to: (1) make it a prohibited act and a misbranding for a wholesale distributor of prescription drugs to purchase or receive a prescription drug from a pharmacy or a pharmacist, (2) require annual reporting by wholesale distributors of prescription drugs, (3) require the Secretary of Health and Human Services (HHS) to establish and maintain a national database of information reported by wholesale distributors of prescription drugs and to require such database to include information on actions taken by states against wholesale distributors (e.g., disciplinary actions and license revocations), (4) require the Secretary to assess and collect fees from wholesale distributors of prescription drugs, and (5) require wholesale distributors of prescription drugs to provide to recipients of a prescription drug in shortage the sales price for such drug at the time of its sale and at the time of any prior sale of such drug when it was in shortage.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Weekend Voting Act''. SEC. 2. CHANGE IN CONGRESSIONAL ELECTION DAY TO SATURDAY AND SUNDAY. Section 25 of the Revised Statutes of the United States (2 U.S.C. 7) is amended to read as follows: ``Sec. 25. The first Saturday and Sunday after the first Friday in November, in every even numbered year, are established as the days for the election, in each of the States and Territories of the United States, of Representatives and Delegates to the Congress commencing on the 3d day of January thereafter.''. SEC. 3. CHANGE IN PRESIDENTIAL ELECTION DAY TO SATURDAY AND SUNDAY. Section 1 of title 3, United States Code, is amended by striking ``Tuesday next after the first Monday'' and inserting ``first Saturday and Sunday after the first Friday''. SEC. 4. POLLING PLACE HOURS. (a) In General.-- (1) Presidential general election.--Chapter 1 of title 3, United States Code, is amended-- (A) by redesignating section 1 as section 1A; and (B) by inserting before section 1A the following: ``Sec. 1. Polling place hours ``(a) Definitions.--In this section: ``(1) Continental united states.--The term `continental United States' means a State (other than Alaska and Hawaii) and the District of Columbia. ``(2) Presidential general election.--The term `Presidential general election' means the election for electors of President and Vice President. ``(b) Polling Place Hours.-- ``(1) Polling places in the continental united states.-- Each polling place in the continental United States shall be open, with respect to a Presidential general election, beginning on Saturday at 10:00 a.m. eastern standard time and ending on Sunday at 6:00 p.m. eastern standard time. ``(2) Polling places outside the continental united states.--Each polling place not located in the continental United States shall be open, with respect to a Presidential general election, beginning on Saturday at 10:00 a.m. local time and ending on Sunday at 6:00 p.m. local time. ``(3) Early closing.--A polling place may close between the hours of 10:00 p.m. local time on Saturday and 6:00 a.m. local time on Sunday as provided by the law of the State in which the polling place is located.''. (2) Congressional general election.--Section 25 of the Revised Statutes of the United States (2 U.S.C. 7) is amended-- (A) by redesignating section 25 as section 25A; and (B) by inserting before section 25A the following: ``SEC. 25. POLLING PLACE HOURS. ``(a) Definitions.--In this section: ``(1) Continental united states.--The term `continental United States' means a State (other than Alaska and Hawaii) and the District of Columbia. ``(2) Congressional general election.--The term `congressional general election' means the regularly scheduled general election for the office of Senator or Representative in, or Delegate or Resident Commissioner to, the Congress. ``(b) Polling Place Hours.-- ``(1) Polling places inside the continental united states.--Each polling place in the continental United States shall be open, with respect to a congressional general election, beginning on Saturday at 10:00 a.m. eastern standard time and ending on Sunday at 6:00 p.m. eastern standard time. ``(2) Polling places outside the continental united states.--Each polling place not located in the continental United States shall be open, with respect to a congressional general election, beginning on Saturday at 10:00 a.m. local time and ending on Sunday at 6:00 p.m. local time. ``(3) Early closing.--A polling place may close between the hours of 10:00 p.m. local time on Saturday and 6:00 a.m. local time on Sunday as provided by the law of the State in which the polling place is located.''. (b) Conforming Amendments.-- (1) The table of sections for chapter 1 of title 3, United States Code, is amended by striking the item relating to section 1 and inserting the following: ``1. Polling place hours. ``1A. Time of appointing electors.''. (2) Sections 871(b) and 1751(f) of title 18, United States Code, are each amended by striking ``title 3, United States Code, sections 1 and 2'' and inserting ``sections 1A and 2 of title 3''. SEC. 5. SENSE OF CONGRESS REGARDING TRANSITION TO WEEKEND VOTING. It is the sense of Congress that State and local election officials and the Election Assistance Commission should work together to develop plans to ensure an effective transition to weekend voting in elections for Federal office, as provided under the amendments made by this Act.

Weekend Voting Act - Amends the Revised Statutes with respect to the time of election to establish the first Saturday and Sunday after the first Friday in November, in every even numbered year, as the days for the election, in each state and territory, of Delegates to, or Members of, Congress. Amends federal law with respect to presidential elections and vacancies to establish the first Saturday and Sunday after the first Friday in November, in every fourth year, as the days for the election of the President and Vice President of the United States. Amends such federal laws to establish the same polling place hours in the United States for both congressional and presidential elections, namely from 10:00 a.m. EST on Saturday till 6:00 p.m. EST on Sunday, with polls allowed to close between the hours of 10:00 p.m. local time on Saturday and 6:00 a.m. local time on Sunday as provided by the law of the state in which the polling place is located. Declares the sense of Congress that state and local election officials and the Election Assistance Commission (EAC) should work together to develop plans to ensure an effective transition to weekend voting in federal elections.

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SECTION 1. POST OFFICE DESIGNATIONS. (a) Special Warfare Operator Master Chief Petty Officer (SEAL) Louis ``Lou'' J. Langlais Post Office Building.-- (1) Designation.--The facility of the United States Postal Service located at 1221 State Street, Suite 12, Santa Barbara, California, shall be known and designated as the ``Special Warfare Operator Master Chief Petty Officer (SEAL) Louis `Lou' J. Langlais Post Office Building''. (2) References.--Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in paragraph (1) shall be deemed to be a reference to the ``Special Warfare Operator Master Chief Petty Officer (SEAL) Louis `Lou' J. Langlais Post Office Building''. (b) Richard Allen Cable Post Office.-- (1) Designation.--The facility of the United States Postal Service located at 23323 Shelby Road in Shelby, Indiana, shall be known and designated as the ``Richard Allen Cable Post Office''. (2) References.--Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in paragraph (1) shall be deemed to be a reference to the ``Richard Allen Cable Post Office''. (c) Leonard Montalto Post Office Building.-- (1) Designation.--The facility of the United States Postal Service located at 3031 Veterans Road West in Staten Island, New York, shall be known and designated as the ``Leonard Montalto Post Office Building''. (2) References.--Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in paragraph (1) shall be deemed to be a reference to the ``Leonard Montalto Post Office Building''. (d) Army First Lieutenant Donald C. Carwile Post Office Building.-- (1) Designation.--The facility of the United States Postal Service located at 401 McElroy Drive in Oxford, Mississippi, shall be known and designated as the ``Army First Lieutenant Donald C. Carwile Post Office Building''. (2) References.--Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in paragraph (1) shall be deemed to be a reference to the ``Army First Lieutenant Donald C. Carwile Post Office Building''. (e) E. Marie Youngblood Post Office.-- (1) Designation.--The facility of the United States Postal Service located at 14231 TX-150 in Coldspring, Texas, shall be known and designated as the ``E. Marie Youngblood Post Office''. (2) References.--Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in paragraph (1) shall be deemed to be a reference to the ``E. Marie Youngblood Post Office''. (f) Zapata Veterans Post Office.-- (1) Designation.--The facility of the United States Postal Service located at 810 N. U.S. Highway 83 in Zapata, Texas, shall be known and designated as the ``Zapata Veterans Post Office''. (2) References.--Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in paragraph (1) shall be deemed to be a reference to the ``Zapata Veterans Post Office''. (g) Marine Lance Corporal Squire ``Skip'' Wells Post Office Building.-- (1) Designation.--The facility of the United States Postal Service located at 2886 Sandy Plains Road in Marietta, Georgia, shall be known and designated as the ``Marine Lance Corporal Squire `Skip' Wells Post Office Building''. (2) References.--Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in paragraph (1) shall be deemed to be a reference to the ``Marine Lance Corporal Squire `Skip' Wells Post Office Building''. (h) Officer Joseph P. Cali Post Office Building.-- (1) Designation.--The facility of the United States Postal Service located at 6300 N. Northwest Highway in Chicago, Illinois, shall be known and designated as the ``Officer Joseph P. Cali Post Office Building''. (2) References.--Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in paragraph (1) shall be deemed to be a reference to the ``Officer Joseph P. Cali Post Office Building''. (i) Segundo T. Sablan and CNMI Fallen Military Heroes Post Office Building.-- (1) Designation.--The facility of the United States Postal Service located at 1 Chalan Kanoa VLG in Saipan, Northern Mariana Islands, shall be known and designated as the ``Segundo T. Sablan and CNMI Fallen Military Heroes Post Office Building''. (2) References.--Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in paragraph (1) shall be deemed to be a reference to the ``Segundo T. Sablan and CNMI Fallen Military Heroes Post Office Building''. (j) Abner J. Mikva Post Office Building.-- (1) Designation.--The facility of the United States Postal Service located at 1101 Davis Street in Evanston, Illinois, shall be known and designated as the ``Abner J. Mikva Post Office Building''. (2) References.--Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in paragraph (1) shall be deemed to be a reference to the ``Abner J. Mikva Post Office Building''. SEC. 2. ESTABLISHING NEW ZIP CODES. Not later than September 30, 2017, the United States Postal Service shall designate a single, unique ZIP code for, as nearly as practicable, each of the following communities: (1) Miami Lakes, Florida. (2) Storey County, Nevada. (3) Flanders, Northampton, and Riverside in the Town of Southampton, New York. (4) Ocoee, Florida. (5) Glendale, New York. Passed the House of Representatives November 30, 2016. Attest: KAREN L. HAAS, Clerk.

This bill designates: the United States Postal Service (USPS) facility located at 1221 State Street, Suite 12, Santa Barbara, California, as the "Special Warfare Operator Master Chief Petty Officer (SEAL) Louis 'Lou' J. Langlais Post Office Building"; the facility located at 23323 Shelby Road, Shelby, Indiana, as the "Richard Allen Cable Post Office"; the facility located at 3031 Veterans Road West, Staten Island, New York, as the "Leonard Montalto Post Office Building"; the facility located at 401 McElroy Drive, Oxford, Mississippi, as the "Army First Lieutenant Donald C. Carwile Post Office Building"; the facility located at 14231 TX-150, Coldspring, Texas, as the "E. Marie Youngblood Post Office"; the facility located at 810 N. U.S. Highway 83, Zapata, Texas, as the "Zapata Veterans Post Office"; the facility located at 2886 Sandy Plains Road, Marietta, Georgia, as the "Marine Lance Corporal Squire 'Skip' Wells Post Office Building"; the facility located at 6300 N. Northwest Highway, Chicago, Illinois, as the "Officer Joseph P. Cali Post Office Building; the facility located at 1 Chalan Kanoa VLG, Saipan, Northern Mariana Islands, as the "Segundo T. Sablan and CNMI Fallen Military Heroes Post Office Building"; and the facility located at 1101 Davis Street, Evanstan, Illinois, as the "Abner J. Mikva Post Office Building." The USPS must designate, by September 30, 2017, a single, unique ZIP code for each of: Miami Lakes, Florida; Storey County, Nevada; Flanders, Northampton, and Riverside in Southampton, New York; Ocoee, Florida; and Glendale, New York.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Stop Nuclear Assistance to State Sponsors of Terrorism Act of 2009''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The International Atomic Energy Agency (IAEA) was established in 1957 with the objectives of seeking to ``accelerate and enlarge the contribution of atomic energy to peace, health and prosperity throughout the world'' and to ``ensure . . . that assistance provided by it or at its request or under its supervision or control is not used in such a way as to further any military purpose.''. (2) The United States, via assessed contributions, is the largest financial contributor to the regular budget of the IAEA. (3) In 1959, the IAEA established what is now called the Technical Cooperation Program, financed primarily through voluntary contributions by member states to the Technical Cooperation Fund, to provide nuclear technical cooperation (TC) for peaceful purposes to countries worldwide. (4) The United States is the largest financial contributor to the IAEA's Technical Cooperation Fund. (5) A March 2009 report by the Government Accountability Office (GAO) found that ``neither [the Department of State] nor IAEA seeks to systematically limit TC assistance to countries the United States has designated as state sponsors of terrorism--Cuba, Iran, Sudan, and Syria--even though under U.S. law these countries are subject to sanctions.''. (6) The GAO report also found that ``Together, [Cuba, Iran, Sudan, and Syria] received more than $55 million in TC assistance from 1997 through 2007.''. These four countries received over $4,400,000 in TC assistance in 2008. (7) The GAO report also found that ``proliferation concerns about the [Technical Cooperation Program] have persisted because of the assistance it has provided to certain countries and because nuclear equipment, technology, and expertise can be dual-use--capable of serving peaceful purposes . . . but also useful in contributing to nuclear weapons development.''. (8) The GAO report also found that ``[The State Department] reported in 2007 that three TC projects in [Iran] were directly related to the Iranian nuclear power plant at Bushehr.''. (9) The GAO report also found that ``The proliferation concerns associated with the [Technical Cooperation Program] are difficult for the United States to fully identify, assess, and resolve . . . [because] there is no formal mechanism for obtaining TC project information during the proposal development phase . . . [l]imited [Department of] State documentation on how proliferation concerns of TC proposals were resolved . . . [and s]hortcomings in U.S. policies and IAEA procedures [including monitoring proliferation risks] related to TC program fellowships.''. (10) The GAO report noted that ``IAEA officials told us that the [Technical Cooperation Program] does not attempt to exclude countries on the basis of their status as U.S.- designated state sponsors of terrorism or other political considerations'' and that, according to the Deputy Director General for the Technical Cooperation Program, ``there are no good countries and there are no bad countries'' with respect to provision of technical cooperation by the IAEA. (11) The GAO report also found that ``given the limited information available on TC projects and the dual-use nature of some nuclear technologies and expertise, we do not believe [the State Department] can assert with complete confidence that TC assistance has not advanced [weapons of mass destruction] programs in U.S.-designated state sponsors of terrorism''. (12) The GAO report also found that ``we do not share [the State Department's confidence in IAEA's internal safeguards to prevent TC projects from contributing to weapons development . . . ]''. (13) The Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) prohibited any of the funds authorized to be appropriated for ``International Organizations and Programs'' from being made available for the United States proportionate share for programs for Libya, Iran, Cuba, or the Palestine Liberation Organization, inter alia. (14) The Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1998 (Public Law 105-118) prohibited any of the funds made available by such Act for the IAEA from being made available for programs and projects of the IAEA in Cuba. (15) The Foreign Affairs Reform and Restructuring Act of 1998 (Public Law 105-277) required the United States to withhold a proportionate share of funding to the IAEA for projects in Cuba regarding the Juragua Nuclear Power Plant and the Pedro Pi Nuclear Research Center. (16) The GAO report asked Congress ``to consider directing [the State Department] to withhold a share of future annual contributions to the [Technical Cooperation Fund] that is proportionate to the amount of funding provided from the fund for U.S.-designated state sponsors of terrorism and other countries of concern, noting that such a withholding is a matter of fundamental principle and intended to foster a more consistent U.S. policy toward such nations.''. (17) The IAEA has repeatedly reported that the Government of Iran continues its work on heavy water-related projects and its enrichment of uranium, in violation of United Nations Security Council Resolutions 1696 (2006), 1737 (2006), 1747 (2007), 1803 (2008), and 1835 (2008). (18) United Nations Security Council Resolution 1737 (2006) decided ``that technical cooperation provided to Iran by the IAEA or under its auspices shall only be for food, agricultural, medical, safety or other humanitarian purposes [inter alia] . . . but that no such technical cooperation shall be provided that relates to . . . proliferation sensitive nuclear activities . . .''. (19) According to multiple news reports, the IAEA Director General reported to the IAEA Board of Governors in June of 2009 that the Government of Iran now has approximately 7,000 centrifuges for enriching uranium, is running almost 5,000 of them, and has increased its stockpile of low-enriched uranium to over 1,300 kilograms, considered sufficient for further enrichment into enough high-enriched uranium for an atomic bomb. (20) The IAEA Director General has repeatedly reported to the IAEA Board of Governors, including in his report of February 19, 2009, that ``there remain a number of outstanding issues which give rise to concerns . . . [regarding] the existence of possible military dimensions to Iran's nuclear programme''. (21) The IAEA Director General has repeatedly reported to the IAEA Board of Governors, including in his report of February 19, 2009, that ``Iran has not implemented the Additional Protocol, which is a prerequisite for [the IAEA] to provide credible assurance about the absence of undeclared nuclear material and activities. Nor has [Iran] agreed to [the IAEA's] request that Iran provide, as a transparency measure, access to additional locations related, inter alia, to the manufacturing of centrifuges, research and development on uranium enrichment, and uranium mining and milling, as also required by the Security Council.''. (22) The IAEA Director General has repeatedly reported to the IAEA Board of Governors, including in his report of February 19, 2009, that ``as a result of the continued lack of cooperation by Iran in connection with . . . issues which give rise to concerns about possible military dimensions of Iran's nuclear programme, [the IAEA] has made no substantive progress on these issues.''. (23) Iran has refused to comply with resolutions adopted by the IAEA Board of Governors on September 12, 2003, November 26, 2003, March 15, 2004, June 18, 2004, November 29, 2004, August 11, 2005, September 24, 2005, February 4, 2006, and July 31, 2006, regarding ``Iran's many failures and breaches of its obligations to comply with its NPT Safeguards Agreement'' and continues to block IAEA inspections of its nuclear facilities, in violation of its NPT Safeguards Agreement. (24) According to multiple news reports, Iran recently denied access to its enrichment site at Natanz to IAEA inspectors, and has also denied a request by the IAEA to place one or more additional surveillance cameras at the enrichment site at Natanz. (25) In April of 2008, United States Government officials publicly revealed that Syria was building at the Dair Alzour site, with North Korea's assistance, a secret nuclear reactor that was based on a North Korean model capable of producing plutonium for nuclear weapons and that was weeks away from becoming operational before an Israeli air strike reportedly destroyed the reactor in September 2007. (26) On April 28, 2008, General Michael Hayden, the former Director of the Central Intelligence Agency, stated that the Syrian reactor at Dair Alzour could have produced enough plutonium for 1 or 2 bombs within a year of becoming operational. (27) The IAEA Director General reported to the IAEA Board of Governors, on November 19, 2008, that the Syrian facility at Dair Alzour bore features that resembled those of an undeclared nuclear reactor, adding that ``Syria has not yet provided the requested documentation in support of its declarations concerning the nature or function of the destroyed building, nor agreed to a visit to the three other locations which the IAEA has requested to visit.''. (28) The IAEA Director General publicly stated to the IAEA Board of Governors, on June 15, 2009, that ``the limited information and access provided by Syria to date have not enabled the Agency to determine the nature of the destroyed facility'' at Dair Alzour site, that uranium particles have been found in samples taken from a second site, the Miniature Neutron Source Reactor facility in Damascus, and that the particles found at both sites ``are of a type not included in Syria's declared inventory of nuclear material.''. SEC. 3. PROHIBITION ON THE USE OF FUNDS. (a) In General.--No funds from any United States assessed or voluntary contribution to the IAEA may be used to support any assistance provided by the IAEA through its Technical Cooperation program to any country, including North Korea that-- (1) is a state sponsor of terrorism; (2) is in breach of or noncompliance with its obligations regarding-- (A) its safeguards agreement with the IAEA; (B) the Additional Protocol; (C) the Nuclear Non-Proliferation Treaty; (D) any relevant United Nations Security Council Resolution; or (E) the Charter of the United Nations; or (3) is under investigation for a breach of or noncompliance with the obligations specified in paragraph (2). (b) Withholding of Voluntary Contributions.--Not later than 30 days after the date of the enactment of this Act, the Secretary of State shall withhold from the United States voluntary contribution to the IAEA an amount proportional to that spent by the IAEA in the period from 2007 to 2008 on assistance through its Technical Cooperation Program to countries described in subsection (a). (c) Withholding of Assessed Contributions.--If, not later than 30 days of the date of the enactment of this Act, the amount specified in subsection (b) has not been withheld and the IAEA has not suspended all assistance provided through its Technical Cooperation Program to the countries described in subsection (a), an amount equal to that specified in subsection (b) shall be withheld from the United States assessed contribution to the IAEA. SEC. 4. WAIVER. The provisions in subsections (b) and (c) of section 3 may be waived if-- (1) the IAEA has suspended all assistance provided through its Technical Cooperation Program to the countries described in section 3(a); or (2) the President certifies that the countries described in section 3(a) no longer pose a threat to the national security, interests, and allies of the United States. SEC. 5. UNITED STATES ACTIONS AT IAEA. The President shall direct the United States Permanent Representative to the IAEA to use the voice, vote, and influence of the United States at the IAEA to block the allocation of funds for any assistance provided by the IAEA through its Technical Cooperation Program to any country described in section 3(a). SEC. 6. REPORT. Not later than six months after the date of the enactment of this Act, the President shall transmit to the appropriate congressional committees a report on the implementation of this Act. SEC. 7. DEFINITIONS. In this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives; and (B) the Committee on Foreign Relations and the Committee on Appropriations of the Senate. (2) State sponsor of terrorism.--The term ``state sponsor of terrorism'' means a country the government of which has been determined by the Secretary of State, for purposes of section 6(j) of the Export Administration Act of 1979, section 620A of the Foreign Assistance Act of 1961, section 40 of the Arms Export Control Act, or other provision of law, is a government that has repeatedly provided support for acts of international terrorism.

Stop Nuclear Assistance to State Sponsors of Terrorism Act of 2009 - Prohibits funds from any U.S. assessed or voluntary contribution to the International Atomic Energy Agency (IAEA) from being used to support assistance provided by the IAEA through its Technical Cooperation Program to any country, including North Korea, that is: (1) a state sponsor of terrorism; or (2) in breach of or noncompliance, or under investigation for breach or noncompliance, with its obligations regarding IAEA safeguards, specified treaties, or the U.N. Charter or relevant U.N. resolutions. Directs the Secretary of State to withhold specified voluntary and assessed IAEA contribution amounts. Authorizes the waiver of such withholding if: (1) the IAEA has suspended all Program assistance to such countries; or (2) the President certifies that such countries no longer pose a threat to U.S. security and allies.

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SECTION 1. LOCAL FAMILY INFORMATION CENTERS. (a) Centers Established.--Part E of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6491 et seq.) is amended by adding at the end the following: ``SEC. 1503. LOCAL FAMILY INFORMATION CENTERS. ``(a) Centers Authorized.--The Secretary may make grants to, and enter into contracts and cooperative agreements with, local nonprofit parent organizations to enable the organizations to support local family information centers that help ensure that parents of students in schools assisted under part A have the training, information, and support the parents need to enable the parents to participate effectively in helping their children to meet challenging State standards. ``(b) Definition of Local Nonprofit Parent Organization.--In this section, the term `local nonprofit parent organization' means a private nonprofit organization (other than an institution of higher education) that-- ``(1) has a demonstrated record of working with low-income individuals and parents; ``(2)(A) has a board of directors-- ``(i) the majority of whom are parents of students in schools that are assisted under part A and located in the geographic area to be served by the center; and ``(ii) that includes individuals who work in schools that are assisted under part A and located in the geographic area to be served by the center; or ``(B) has-- ``(i) as a part of the organization's mission, serving the interests of low-income families in public schools located in the geographic area to be served by the center; and ``(ii)(I) a special governing committee to direct and implement the center, a majority of the members of whom are parents of students in schools assisted under part A, which committee shall include 1 or more individuals working in the schools assisted under part A in the geographic area to be served by the center; and ``(II) entered into a memorandum of understanding between the special governing committee and the board of directors that clearly outlines the decisionmaking responsibilities and authority of the special governing committee; and ``(3) is located in a community with schools that receive funds under part A, and is accessible to the families of students in those schools. ``(c) Required Center Activities.--Each center assisted under this section shall-- ``(1) provide training, information, and support that meets the needs of parents of children in schools assisted under part A who are served through the grant, contract, or cooperative agreement, particularly underserved parents, low-income parents, parents of students with limited English proficiency, parents of students with disabilities, and parents of students in schools identified for school improvement or corrective action under section 1116(c); ``(2) help families of students enrolled in a school assisted under part A-- ``(A) to understand and effectively carry out their responsibilities under the parent involvement provisions of this Act, including participation in parent compacts, parent involvement policies, and joint decisionmaking; ``(B) to learn how to participate effectively with the school to create a needs assessment or school improvement plan in accordance with part A; and ``(C) to understand all of the provisions of this Act designed to improve the achievement of students in the school; ``(3) provide information in a language and form that parents understand, including taking steps to ensure that underserved parents, low-income parents, parents with limited English proficiency, parents of students with disabilities, or parents of students in schools identified for school improvement or corrective action, are effectively informed and assisted; ``(4) assist parents to-- ``(A) understand State content and student performance standards, State and local assessments, and how schools assisted under part A are required to help students meet the State standards; ``(B) understand the accountability system in place in the State, and support activities that are likely to improve student achievement in schools assisted under part A; ``(C) communicate effectively with personnel responsible for providing educational services to their child, and for planning and implementing policies and programs under part A, in the school and the school district; ``(D) understand and analyze the meaning of data that schools, local educational agencies, and States provide under the reporting requirements of this Act and other statutes, including State reporting requirements; ``(E) locate and understand appropriate information about research on ways in which high poverty schools have made real progress in having all students meet State standards; ``(F) understand what their child's school is doing to enable students at the school to meet the standards, including understanding the curriculum and instructional methods the school is using to help the students meet the standards; ``(G) better understand their child's educational needs, where their child stands with respect to State standards, and how the school is addressing the child's education needs; ``(H) participate in-- ``(i) the decisionmaking processes at the school, school district, and State levels; ``(ii) the development, review, and amendment of school-parent compacts, the school and school district parent involvement policies, and the school plan; and ``(iii) the review of the needs assessment of the school; ``(I) understand the requirements of sections 1114, 1115, and 1116, regarding improved student achievement, school planning and improvement, and corrective action; ``(J) understand the provisions of other Federal education programs that provide-- ``(i) resources and opportunities for school improvement; or ``(ii) educational resources to individual students, including programs under chapters 1 and 2 of subpart 2 of part A of title IV of the Higher Education Act of 1965 (Gear Up and Federal TRIO programs) and other programs; ``(K) participate in other school reform activities; and ``(L) understand public school choice options available in the local community, including magnet schools, charter schools, and alternative schools; ``(5) provide appropriate training and information to students in schools assisted under part A, to enable the students to participate in school compacts and in school reform activities; ``(6) provide information on local parent involvement needs and successes, where appropriate, to teachers and administrators in schools assisted under part A, and facilitate greater understanding of good parent involvement strategies; ``(7) establish cooperative partnerships with parent training and information centers and community parent resource centers assisted under sections 682 and 683, respectively, of the Individuals with Disabilities Education Act, and with parental information and resource centers assisted under section 1118(g); ``(8) be designed to meet the specific needs of families who experience significant isolation from available sources of information and support; ``(9) network with appropriate clearinghouses; and ``(10) report annually to the Secretary regarding-- ``(A) the number of parents to whom the center provided information and support in the preceding fiscal year; ``(B) the number of parents who participate in training sessions and the average number of parents at training sessions; ``(C) the prior year's training that was held at times and places designed to allow the attendance of the largest number of parents of students in schools assisted under part A who are most likely to have been isolated from other sources of information and training; ``(D) the effectiveness of strategies used to reach and serve parents, including underserved parents, low- income parents, parents with limited English proficiency, parents of students with disabilities, and parents of students in schools identified for school improvement or corrective action; ``(E) how the center ensured that parents had the skills necessary to participate in their children's education, as described in paragraph (4); ``(F) the information provided to parents by local educational agencies in the geographic area served by the center; and ``(G) other measures, as determined appropriate by the Secretary. ``(c) Application Requirements.--Each local nonprofit parent organization desiring assistance under this section shall submit to the Secretary an application at such time, in such manner, and accompanied by such information as the Secretary may require. Each such application shall-- ``(1) describe how the organization will use the assistance to help families under this section; ``(2) describe what steps the organization has taken to meet with school district or school personnel in the geographic area to be served by the center in order to inform the personnel of the plan and application for the assistance; and ``(3) identify with specificity the special efforts that the organization will take-- ``(A) to ensure that the needs for training, information, and support for parents of students in schools assisted under part A, particularly underserved parents, low-income parents, parents with limited English proficiency, parents of students with disabilities, and parents of students in schools identified for school improvement or corrective action, are effectively met; and ``(B) to work with community-based organizations. ``(d) Distribution of Funds.-- ``(1) Allocation of funds.--The Secretary shall make at least 2 awards of assistance under this section to a local nonprofit parent organization in each State, unless the Secretary does not receive at least 2 applications from such organizations in a State of sufficient quality to warrant providing the assistance in the State. ``(2) Selection requirement for local family information centers.-- ``(A) Eligibility.--In order to be eligible to receive assistance under this part, a center shall serve a geographic area (which may include 1 or more school districts), having between 15,000 and 25,000 students, 50 percent of whom are eligible for a free and reduced price lunch under the National School Lunch Act. The number of students served under the preceding sentence may increase, at the discretion of the Secretary, if the geographic area to be served contains only 1 school district and the center has the capacity to serve effectively the entire school district. ``(B) Selection.--The Secretary shall select local nonprofit parent organizations in a State to receive assistance under this section in a manner that ensures the provision of the most effective assistance to low- income parents of students in schools assisted under part A that are located in high poverty rural and urban areas in the State, with particular emphasis on rural and urban geographic areas with high school dropout rates, high percentages of limited English proficient students, or geographic areas with schools identified for school improvement or corrective action under section 1116(c). ``(e) Quarterly Review.-- ``(1) Requirements.-- ``(A) Meetings.--The board of directors or special governing committee of each organization that receives assistance under this section shall meet at least once in each calendar quarter to review the activities for which the assistance was provided. ``(B) Continuation requirement.--For each year that an organization submits an application for assistance under this section after the first year the organization receives assistance under this section, the board of directors or special governing committee of the organization shall submit to the Secretary a written review of the activities of the center carried out by the organization during the preceding year. ``(f) Evaluation.--The Secretary shall conduct an evaluation of the centers assisted under this section, and shall report the findings of such evaluation to Congress not later than 3 years after the date of enactment of this section.''. (b) Authorization of Appropriations.--Section 1002(g)(2) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6302(g)(2)) is amended to read as follows: ``(2) Sections 1502 and 1503.--For the purposes of carrying out sections 1502 and 1503, there are authorized to be appropriated $100,000,000 for fiscal year 2001 and such sums as may be necessary for each of the 4 succeeding fiscal years, of which $50,000,000 shall be available for each fiscal year to carry out section 1503.''.

Revises ESEA title I (Helping Disadvantaged Students Meet High Standards) part E (Federal Evaluations, Demonstrations, and Transition Projects) to authorize the Secretary of Education to make grants to, and enter into contracts and cooperative agreements with, local nonprofit parent organizations to support local family information centers that help ensure that parents of students in schools assisted under title I part A (Improving Basic Programs Operated by Local Educational Agencies) have the training, information, and support they need to be able to participate effectively in helping their children to meet challenging State standards. Sets forth requirements for center activities, applications, and eligibility. Directs the Secretary to: (1) make at least two awards of assistance under this Act to a local nonprofit parent organization in each State, if the applications are of sufficient quality; (2) select such organizations so as to ensure provision of the most effective assistance to low-income parents of students in schools assisted under part A that are located in high poverty rural and urban areas in the State, with particular emphasis on rural and urban geographic areas with high school dropout rates, high percentages of limited English proficient students, or geographic areas with schools identified for school improvement or corrective action; and (3) evaluate and report on assisted centers. Authorizes appropriations.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Providing Real Outreach for Veterans Act of 2008'' or the ``PRO-VETS Act of 2008''. SEC. 2. SHARING INFORMATION TO IMPROVE VETERANS' ACCESS TO BENEFITS. (a) Agreement on Data Transfer.-- (1) In general.--The Secretary of Veterans Affairs shall enter an agreement with the Secretary of Defense providing for the transfer of data to the Secretary of Veterans Affairs in accordance with this section for the purpose of providing members of the Armed Forces and veterans with individualized information about veterans benefits each member and veteran may be eligible for. (2) Contents of agreement.-- (A) Specific criteria for identification of data.-- The agreement shall specify criteria to identify data of the Department of Defense, including personnel data and data contained in an electronic medical record system, that the Secretary of Defense and the Secretary of Veterans Affairs agree could be used by the Secretary of Veterans Affairs-- (i) to determine the eligibility of a member of the Armed Forces or veteran for veterans benefits; and (ii) as an indicator of a likelihood that a member of the Armed Forces or veteran is eligible for veterans benefits. (B) Electronic data transfer method.--The agreement shall contain a description of an efficient electronic method to be used for the transfer of data identified in accordance with the criteria specified under subparagraph (A) under the agreement. (C) Transfer of data.--Under the agreement, the Secretary of Defense shall transfer data identified in accordance with the criteria under subparagraph (A) to the Secretary of Veterans Affairs as follows: (i) In the case of a member of the Armed Forces who is scheduled for discharge or separation from service, at the time the Secretary of Defense first learns of the scheduled discharge or separation, but not later than one month after the date of discharge or separation. (ii) In the case of a member of the Armed Forces or veteran not covered under clause (i), at such time as is specified under the agreement, but subject to subsection (e). (b) Identification of Benefits Available.-- (1) Generation of initial list.--Not later than 7 days after the date the Secretary of Veterans Affairs receives data concerning a member of the Armed Forces or veteran under the agreement under subsection (a), the Secretary shall compile a list with respect to the member or veteran of all veterans benefits for which the member or veteran may be eligible based on the data. The list shall be divided into-- (A) benefits for which the member or veteran has a high probability of being eligible; and (B) all other benefits for which the member or veteran may be eligible. (2) Updated benefits list.--The Secretary shall update the list under paragraph (1) with respect to a member of the Armed Forces or veteran on an annual basis using any information that the Department of Veterans Affairs may possess about the member or veteran. (c) Notification of Available Benefits.-- (1) Initial notification.--Upon compiling the list of benefits under subsection (b)(1)(A) with respect to a member of the Armed Forces or veteran, the Secretary of Veterans Affairs shall send a notice of the benefits to the member or veteran or the legal representative of the member or veteran. The notice shall also contain an explanation of each such benefit and a summary of any application requirements and procedures that the member or veteran must comply with to be eligible to receive the benefit. (2) Subsequent notifications.-- (A) Second notice.--If a member of the Armed Forces or veteran provided a notice under paragraph (1) does not apply for any benefit listed in the notice by the end of the 60-day period beginning on the date that the Secretary sent the notice, the Secretary shall send a second notice to the member or veteran or the legal representative of the member or veteran. The notice shall contain the same information as the notice sent to the member, veteran, or legal representative under paragraph (1). (B) Subsequent annual notices.--If a member of the Armed Forces or veteran provided a notice under subparagraph (A) does not apply for any benefit listed in the notice by the end of the year beginning on the date that the Secretary sent the notice, the Secretary shall send a subsequent notice to the member or veteran or the legal representative of the member or veteran. The notice shall contain information on the veterans benefits for which the member or veteran has a high probability of being eligible based on the updated list under subsection (b)(2) with respect to the member or veteran. (3) Notices based on changed circumstances.-- (A) In general.--The Secretary shall send a notice to the member or veteran or the legal representative of the member or veteran if, based on data available to the Secretary, the Secretary identifies a member of the Armed Forces or veteran as having a high probability of being eligible for a veterans benefit and-- (i) the member or veteran has not applied for the benefit; (ii) the Secretary has not sent the member or veteran a notice under this subsection with respect to the benefit; and (iii) the Secretary has not informed the member or veteran of the benefit under subsection (d)(2) or any other provision of law. (B) Contents.--The notice under subparagraph (A) shall contain information on the benefit for which the veteran has a high probability of being eligible, an explanation of such benefit, and a summary of any application requirements and procedures that the member or veteran must comply with to be eligible to receive the benefit. (4) Option to decline further notices.-- (A) In general.--The Secretary shall provide each member of the Armed Forces and veteran that is sent a notice under this subsection with the option to decline further notices under this subsection. (B) Notice of option.--Each notice under this subsection shall include information concerning the option to decline further notices under this subsection. (C) Prohibition of further notices.--If a member of the Armed Forces or veteran declines further notices under this paragraph, the Secretary may not send any notices under this section to the member or veteran after the date the member or veteran declines further notices. (5) Method of delivery of notices.-- (A) In general.--Subject to subparagraph (B), all notices under this subsection shall be sent-- (i) by mail; and (ii) electronically, if the Secretary has electronic contact information for the member, veteran, or legal representative of the member or veteran. (B) Option on method of delivery of notices.--The Secretary shall provide each member and veteran with the opportunity to be sent notices under this subsection solely-- (i) by mail; or (ii) through electronic methods, such as email. (d) Application Process.-- (1) Streamlined application process.-- (A) In general.--The Secretary of Veterans Affairs shall use the data received under subsection (a) and any additional relevant data that the Department of Veterans Affairs has in its possession to reduce the amount of information that a member of the Armed Forces or veteran must provide when the member or veteran applies to the Department for veterans benefits. The use of such data may include prepopulating a paper or Web-based application form to be used by the member or veteran with the data. (B) Confirmation.--The Secretary may require that a member of the Armed Forces or veteran confirm or verify any data that the Department of Veterans Affairs uses under subparagraph (A) to determine the eligibility of the member or veteran for veterans benefits. (2) Evaluation of eligibility.-- (A) Review of list.--When evaluating a member of the Armed Forces or veteran for eligibility for veterans benefits, the Secretary shall review the list of benefits for the member or veteran compiled under subsection (b). (B) Disclosure of information.--If the Secretary determines that the member or veteran has a high probability of being eligible for a benefit so listed for which the member or veteran did not apply, the Secretary shall inform the member or veteran of the benefit and of the opportunity to apply for the benefit. (C) Record of disclosure.--If the Secretary informs a member or veteran of a benefit under subparagraph (B), the Secretary shall keep a record, for a period of not less than 5 years, that contains, at a minimum,-- (i) the date on which the Secretary informed the member or veteran of such benefit; (ii) the name of the member or veteran; and (iii) a general description of the information provided to the member or veteran by the Secretary. (3) Notice of denial.--Not later than 30 days after the date a member of the Armed Forces or veteran is determined not eligible for a veterans benefit for which the member or veteran has applied, the Secretary shall provide notice to the member or veteran of the determination. The notice shall include an explanation of the reason for the determination. (e) Transition Period.--Not later than 5 years after the date of enactment of this Act, for all veterans discharged from the Armed Forces prior to the date of enactment of this Act, the Secretary of Defense shall transfer to the Department of Veterans Affairs all data that exists in electronic systems of the Department of Defense on the date of the transfer and that meet the criteria specified in subsection (a)(2)(A). (f) Relation to Other Law.--The Secretary of Veterans Affairs shall implement this section in a manner that does not conflict with the processes, procedures, and standards for the transition of recovering members of the Armed Forces from care and treatment through the Department of Defense to care, treatment, and rehabilitation through the Department of Veterans Affairs under section 1614 of the Wounded Warrior Act (title XVI of Public Law 110-181; 10 U.S.C. 1071 note). (g) Privacy.-- (1) In general.--The Secretary of Defense shall provide a member of the Armed Forces or a veteran the opportunity to decline authorization for the transfer under subsection (a) of some or all of the data associated with the member or veteran. (2) Consent presumed.--If a member of the Armed Forces or veteran does not decline an authorization under paragraph (1), the member or veteran shall be treated as having authorized the transfer of data under subsection (a) until any date on which the member or veteran declines the authorization of the transfer. (3) Prohibition of data transfer.--Data associated with a member of the Armed Forces or a veteran may not be transferred under subsection (a) after any date on which the member or veteran declines the authorization of such transfer under paragraph (1). (4) Construction.-- (A) Health insurance portability and accountability act.--Nothing in this section shall be construed as waiving regulations promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996 (Public Law 104-191). (B) Privacy act.--Transfers of data to the Secretary of Veterans Affairs under the agreement under subsection (a) shall be treated as a routine use of a record for purposes of section 552a of title 5, United States Code. (h) Definitions.--For purposes of this section: (1) Veteran.--The term ``veteran'' has the meaning given such term under section 101 of title 38, United States Code. (2) Armed forces.--The term ``Armed Forces'' shall have the meaning given the term ``armed forces'' under section 101 of title 10, United States Code. (3) Veterans benefits.--The term ``veterans benefits'' means benefits under laws administered by the Secretary of Veterans Affairs.

Providing Real Outreach for Veterans Act of 2008 or PRO-VETS Act of 2008 - Directs the Secretary of Veterans Affairs (Secretary) to enter into an agreement with the Secretary of Defense for the transfer of data to the Secretary for providing members of the Armed Forces and veterans with individualized information concerning veterans' benefits that each member and veteran may be eligible for. Requires the Secretary, after receiving such data, to: (1) compile a list of all benefits for which each member or veteran may be eligible; (2) notify the member or veteran (or their legal representative) of such benefits; and (3) provide a second notification if the member or veteran does not apply for a listed benefit within 60 days, as well as annual notifications thereafter. Requires additional notifications based on changed circumstances. Allows each member or veteran the option to decline further notifications. Directs the Secretary to use transferred data to reduce the amount of information that a member or veteran must provide when applying for benefits. Requires the Secretary of Defense to provide a member or veteran the opportunity to decline authorization for the transfer of information under this Act.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Social Security Eligibility Act of 1994''. SEC. 2. PHASED IN 5-YEAR INCREASE IN AGE FOR ELIGIBILITY FOR OASDI BENEFITS BY THE YEAR 2013. (a) Definitions.--Section 216(l) of the Social Security Act (42 U.S.C. 416(l)) is amended to read as follows: ``Normal Retirement Age; Early Retirement Age ``(l)(1) The term `normal retirement age' means-- ``(A) with respect to an individual who attains (or would attain) the reference age (as defined in paragraph (3)(A)) before January 1, 1995, 65 years of age; ``(B) with respect to an individual who attains (or would attain) the reference age after December 31, 1994, and before January 1, 2013, 65 years of age plus the number of months in the age increase factor (as determined under paragraph (3)(B)) for the calendar in which such individual attains the reference age; and ``(C) with respect to an individual who attains (or would attain) the reference age after December 31, 2012, 70 years of age. ``(2) The term `early retirement age' means 3 years less than normal retirement age. ``(3) For purposes of paragraphs (1) and (2)-- ``(A) the term `reference age' means 62 years of age in the case of an old-age, wife's, or husband's insurance benefit, and 60 years of age in the case of a widow's or widower's insurance benefit, and ``(B) the age increase factor for any individual shall be equal to \4/12\ of the number of months in the period beginning with January 1999 and ending with December of the year in which the individual attains the reference age.''. (b) Additional Amendments.-- (1) Retirement age redesignated normal retirement age.-- (A) Title II of such Act is further amended-- (i) in subsections (a), (b), (c), (d), (e), (f), (q), (r), and (w) of section 202 (42 U.S.C. 402), (ii) in subsections (c) and (f) of section 203 (42 U.S.C. 403), (iii) in section 215(f)(5) (42 U.S.C. 415(f)(5)), and (iv) in section 223(a) (42 U.S.C. 423(a)), by striking ``retirement age (as defined in section 216(l))'' each place it appears and inserting ``normal retirement age (as defined in section 216(l)(1))''. (B) Subsections (h) and (i) of section 216 of such Act (42 U.S.C. 416) are each amended by striking ``retirement age (as defined in subsection (l))'' each place it appears and inserting ``normal retirement age (as defined in subsection (l)(1))''. (2) Age 62 currently designated as early retirement age.-- (A) Title II of such Act is further amended-- (i) in subsections (a), (b), (c), (e), (f), (h), and (q) of section 202 (42 U.S.C. 402), (ii) in section 213(a)(2)(A)(ii) of such Act (42 U.S.C. 413(a)(2)(A)(ii)), (iii) in section 213(a)(2)(B) of such Act (the first place it appears) (42 U.S.C. 413(a)(2)(B)), (iv) in section 214(a)(1) (42 U.S.C. 414(a)(1)), (v) in subsections (a) and (d)(5) of section 215 (42 U.S.C. 415), and (vi) in subsections (a)(2) and (c)(1)(A) of section 223 (42 U.S.C. 423), by striking ``age 62'' each place it appears and inserting ``early retirement age (as defined in section 216(l)(2))''. (B) Subsections (b)(3)(A), (c)(6)(A), (f)(3)(A), (g)(6)(A), and (i)(3)(A) of section 216 of such Act (42 U.S.C. 416) are each amended by striking ``age 62'' each place it appears and inserting ``early retirement age (as defined in subsection (l)(2))''. (C) Subparagraphs (F) and (G) of section 202(q)(3) of such Act (42 U.S.C. 402(q)(3)) are each amended by striking ``the age of 62'' and inserting ``early retirement age (as defined in section 216(l)(2)).''. (3) Conforming adjustments to other age references.-- (A) Title II of such Act is further amended-- (i) in subsections (e) and (f) of section 202 (42 U.S.C. 402), (ii) in subsections (b)(1), (c)(3), and (d)(1)(C) of section 222 (42 U.S.C. 422), and (iii) in section 225(a) (42 U.S.C. 425(a)), by striking ``age 60'' each place it appears and inserting ``5 years less than normal retirement age (as defined in section 216(l)(2))''. (B) Subsections (e)(1)(B)(ii) and (f)(1)(B)(ii) of section 202 of such Act (42 U.S.C. 402) is further amended by striking ``age 50'' each place it appears and inserting ``15 years less than normal retirement age (as defined in section 216(l)(1))''.

Social Security Eligibility Act of 1994 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) to increase the retirement age for OASDI benefits to age 67 by the year 2004 and to age 70 by the year 2013.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Home Energy Assistance Act of 2005''. SEC. 2. TAX CREDIT AGAINST RESIDENTIAL HEATING COSTS. (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 25D the following new section: ``SEC. 25E. CREDIT AGAINST RESIDENTIAL HEATING COSTS. ``(a) General Rule.--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 the amount paid or incurred during such taxable year for residential heating costs. ``(b) Limitations.-- ``(1) Dollar limitation.--The amount of the credit allowed to under subsection (a) to any taxpayer shall not exceed $500 for any taxable year. ``(2) Limitation based on adjusted gross income.-- ``(A) In general.--The amount of the credit which would (but for this paragraph) be taken into account under subsection (a) for the taxable year shall be reduced (but not below zero) by the amount determined under subparagraph (B). ``(B) Amount of reduction.--The amount determined under this subparagraph is the amount which bears the same ratio to the amount which would be so taken into account as-- ``(i) the excess of-- ``(I) the taxpayers adjusted gross income for such taxable year, over ``(II) the threshold amount, bears to ``(ii) the phaseout amount. ``(C) Threshold amount.--For purposes of this paragraph, the term `threshold amount' means-- ``(i) $80,000 in the case of a joint return, ``(ii) $65,000 in the case of a head of a household, and ``(iii) $40,000 in any other case. ``(D) Phaseout amount.--For purposes of this paragraph, the term `phaseout amount' means-- ``(i) $20,000 in the case of a joint return or a head of a household, and ``(ii) $10,000 in any other case. ``(3) Maximum credit per household.-- ``(A) In general.--In the case of any household, the credit under subsection (a) shall be allowed only to the individual residing in such household who furnishes the largest portion (whether or not more than one-half) of the cost of maintaining such household. ``(B) Determination of amount.--In the case of an individual described in subparagraph (A), such individual shall, for purposes of determining the amount of the credit allowed under subsection (a), be treated as having paid or incurred during such taxable year for increased residential heating costs an amount equal to the sum of the amounts paid or incurred for such heating costs by all individuals residing in such household (including any amount allocable to any such individual under subsection (d) or (e)). ``(c) Carryback of Credit.-- ``(1) In general.--If the credit allowable under subsection (a) for a taxable year exceeds the limitation under subsection (b)(1) for such taxable year, such excess shall be allowed-- ``(A) as a credit carryback to each of the 2 taxable years preceding such taxable year, and ``(B) as a credit carryforward to each of the 20 taxable years following such taxable year. ``(2) Amount carried to each year.--Rules similar to the rules of section 39(b)(2) shall apply for purposes of this section. ``(3) Limitation.--The amount of unused credit which may be taken into account under paragraph (1) for any taxable year shall not exceed the limitation under subsection (b)(1). ``(d) Definitions and Special Rules.--For purposes of this section-- ``(1) Residential heating costs.--The term `residential heating costs' means costs incurred in connection with an energy source used to heat a principal residence of the taxpayer located in the United States. ``(2) Principal residence.--The term `principal residence' has the same meaning as in section 121, except that-- ``(A) no ownership requirement shall be imposed, and ``(B) the principal residence must be used by the taxpayer as the taxpayer's residence during the taxable year. ``(3) No credit for married individuals filing separate returns.--If the taxpayer is a married individual (within the meaning of section 7703), this section shall apply only if the taxpayer and the taxpayer's spouse file a joint return for the taxable year. ``(4) Treatment of expenses paid by dependent.--If a deduction under section 151 with respect to an individual is allowed to another taxpayer for a taxable year beginning in the calendar year in which such individual's taxable year begins-- ``(A) no credit shall be allowed under subsection (a) to such individual for such individual's taxable year, and ``(B) residential heating costs paid by such individual during such individual's taxable year shall be treated for purposes of this section as paid by such other taxpayer. ``(e) Homeowners Associations.--The application of this section to homeowners associations (as defined in section 528(c)(1)) or members of such associations, and tenant-stockholders in cooperative housing corporations (as defined in section 216), shall be allowed by allocation, apportionment, or otherwise, to the individuals paying, directly or indirectly, for the increased residential heating cost so incurred. ``(f) Applicability of Section.--This section shall apply to taxable years beginning after December 31, 2005, and before January 1, 2007.''. (b) Reduction in Withholding.--The Secretary of the Treasury-- (1) shall educate taxpayers on adjusting withholding of taxes to reflect any anticipated tax credit under section 25E of the Internal Revenue Code of 1986, and (2) may adjust the wage withholding tables prescribed under section 3402(a)(1) of such Code to take into account the credit allowed under section 25E of such Code. (c) Clerical Amendment.--The table of sections for subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by striking the item relating to section 35 and by adding at the end the following new items: ``Sec. 25E. Credit against residential heating costs.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2005. SEC. 3. DISALLOWANCE OF USE OF LIFO METHOD OF ACCOUNTING BY LARGE INTEGRATED OIL COMPANIES FOR LAST TAXABLE YEAR ENDING BEFORE OCTOBER 1, 2005. (a) General Rule.--Notwithstanding any other provision of law, an applicable integrated oil company shall, in determining the amount of Federal income tax imposed on such company for its most recent taxable year ending on or before September 30, 2005, use the first-in, first- out (FIFO) method of accounting rather than the last-in, last-out (LIFO) method of accounting with respect to its crude oil inventories. (b) Application of Requirement.--The requirement to use the first- in, first-out (FIFO) method of accounting under subsection (a)-- (1) shall not be treated as a change in method of accounting, and (2) shall be disregarded in determining the method of accounting required to be used in any succeeding taxable year. (c) Applicable Integrated Oil Company.--For purposes of this section, the term ``applicable integrated oil company'' means an integrated oil company (as defined in section 291(b)(4) of the Internal Revenue Code of 1986) which-- (1) had gross receipts in excess of $1,000,000,000 for its most recent taxable year ending on or before September 30, 2005, and (2) would, without regard to this section, use the last-in, first-out (LIFO) method of accounting with respect to its crude oil inventories for such taxable year. For purposes of paragraph (1), all persons treated as a single employer under subsections (a) and (b) of section 52 of the Internal Revenue Code of 1986 shall be treated as 1 person.

Home Energy Assistance Act of 2005 - Amends the Internal Revenue Code to allow a tax credit for residential heating costs paid in 2006. Allows a maximum credit of $500, but reduces or eliminates such credit for taxpayers at higher income levels. Requires integrated oil companies with gross receipts in excess of $1 billion to use the first-in, first-out (FIFO) inventory accounting method for purposes of determining their current federal income tax liabilities.

16,471

SECTION 1. SHORT TITLE. This Act may be cited as the ``Mental Health Equitable Treatment Act of 1999''. SEC. 2. AMENDMENTS TO THE EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974. (a) In General.--Section 712 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1185a) is amended-- (1) in subsection (a), by adding at the end the following: ``(3) Hospital day and outpatient visit limits.--In the case of a group health plan (or health insurance coverage offered in connection with such a plan) that provides both medical and surgical benefits and mental health benefits-- ``(A) No inpatient limits.--If the plan or coverage does not include a limit on the number of days of coverage provided for inpatient hospital stays in connection with covered medical and surgical benefits, the plan or coverage may not impose any limit on inpatient hospital stays for mental health benefits. ``(B) Certain inpatient limits.--If the plan or coverage includes a limit on the number of days of coverage provided for inpatient hospital stays in connection with certain covered medical and surgical benefits, the plan or coverage may impose comparable limits on inpatient hospital stays for mental health benefits. ``(C) No outpatient limits.--If the plan or coverage does not include a limit on the number of outpatient visits in connection with covered medical and surgical benefits, the plan or coverage may not impose any limit on the number of outpatient visits for mental health benefits. ``(D) Certain outpatient limits.--If the plan or coverage includes a limit on the number of outpatient visits in connection with certain covered medical and surgical benefits, the plan or coverage may impose comparable limits on the number of outpatient visits for mental health benefits. ``(4) Severe mental illness.--In the case of a group health plan (or health insurance coverage offered in connection with such a plan) that provides medical and surgical benefits and mental health benefits, such plan or coverage shall not impose any limitations on the coverage of benefits for severe biologically-based mental illnesses unless comparable limitations are imposed on medical and surgical benefits.''; (2) by striking subsection (b) and inserting the following: ``(b) Construction.-- ``(1) In general.--Nothing in this section shall be construed-- ``(A) as requiring a group health plan (or health insurance coverage offered in connection with such a plan) to provide any mental health benefits; or ``(B) in the case of a group health plan (or health insurance coverage offered in connection with such a plan) that provides mental health benefits, as affecting the terms and conditions (including cost sharing and requirements relating to medical necessity) relating to the amount, duration, or scope of mental health benefits under the plan or coverage, except as specifically provided in subsection (a) (in regard to parity in the imposition of aggregate lifetime limits and annual limits and limits on inpatient stays or outpatient visits for mental health benefits). ``(2) Care, treatment, and delivery of services.--Nothing in this subpart shall be construed to prohibit the provision of care or treatment, or delivery of services, relating to mental health services, by qualified health professionals within their scope of practice as licensed or certified by the appropriate State or jurisdiction.''; (3) in subsection (c)-- (A) by striking paragraph (2); and (B) in paragraph (1)-- (i) by striking subparagraphs (A) and (B) and inserting the following: ``(A) In general.--This section shall not apply to any group health plan (and group health insurance coverage offered in connection with a group health plan) for any plan year of any employer who employed an average of at least 2 but not more than 25 employees on business days during the preceding calendar year.''; (ii) by redesignating subparagraphs (A) and (C) as paragraphs (1) and (2), respectively, and realigning the margins accordingly; and (iii) in paragraph (2) (as so redesignated), by redesignating clauses (i) through (iii) as subparagraphs (A) through (C), respectively; (4) in subsection (e), by adding at the end the following: ``(5) Severe biologically-based mental illness.--The term `severe biologically-based mental illness' means an illness that medical science in conjunction with the Diagnostic and Statistical Manual of Mental Disorders (DSM IV) affirms as biologically based and severe, including schizophrenia, bipolar disorder, major depression, obsessive compulsive and panic disorders, posttraumatic stress disorder, autism, and other severe and disabling mental disorders such as anorexia nervosa and attention-deficit/hyper activity disorder.''; and (5) by striking subsection (f). (b) Effective Date.--The amendments made by this section shall apply with respect to plan years beginning on or after January 1, 2000. SEC. 3. AMENDMENTS TO THE PUBLIC HEALTH SERVICE ACT RELATING TO THE GROUP MARKET. (a) In General.--Section 2705 of the Public Health Service Act (42 U.S.C. 300gg-5) is amended-- (1) in subsection (a), by adding at the end the following: ``(3) Hospital day and outpatient visit limits.--In the case of a group health plan (or health insurance coverage offered in connection with such a plan) that provides both medical and surgical benefits and mental health benefits-- ``(A) No inpatient limits.--If the plan or coverage does not include a limit on the number of days of coverage provided for inpatient hospital stays in connection with covered medical and surgical benefits, the plan or coverage may not impose any limit on inpatient hospital stays for mental health benefits. ``(B) Certain inpatient limits.--If the plan or coverage includes a limit on the number of days of coverage provided for inpatient hospital stays in connection with certain covered medical and surgical benefits, the plan or coverage may impose comparable limits on inpatient hospital stays for mental health benefits. ``(C) No outpatient limits.--If the plan or coverage does not include a limit on the number of outpatient visits in connection with covered medical and surgical benefits, the plan or coverage may not impose any limit on the number of outpatient visits for mental health benefits. ``(D) Certain outpatient limits.--If the plan or coverage includes a limit on the number of outpatient visits in connection with certain covered medical and surgical benefits, the plan or coverage may impose comparable limits on the number of outpatient visits for mental health benefits. ``(4) Severe mental illness.--In the case of a group health plan (or health insurance coverage offered in connection with such a plan) that provides medical and surgical benefits and mental health benefits, such plan or coverage shall not impose any limitations on the coverage of benefits for severe biologically-based mental illnesses unless comparable limitations are imposed on medical and surgical benefits.''; (2) by striking subsection (b) and inserting the following: ``(b) Construction.-- ``(1) In general.--Nothing in this section shall be construed-- ``(A) as requiring a group health plan (or health insurance coverage offered in connection with such a plan) to provide any mental health benefits; or ``(B) in the case of a group health plan (or health insurance coverage offered in connection with such a plan) that provides mental health benefits, as affecting the terms and conditions (including cost sharing and requirements relating to medical necessity) relating to the amount, duration, or scope of mental health benefits under the plan or coverage, except as specifically provided in subsection (a) (in regard to parity in the imposition of aggregate lifetime limits and annual limits and limits on inpatient stays or outpatient visits for mental health benefits). ``(2) Care, treatment, and delivery of services.--Nothing in this part shall be construed to prohibit the provision of care or treatment, or delivery of services, relating to mental health services, by qualified health professionals within their scope of practice as licensed or certified by the appropriate State or jurisdiction.''; (3) by striking subsection (c) and inserting the following: ``(c) Exemption.--This section shall not apply to any group health plan (and group health insurance coverage offered in connection with a group health plan) for any plan year of any employer who employed an average of at least 2 but not more than 25 employees on business days during the preceding calendar year.''; (4) in subsection (e), by adding at the end the following: ``(5) Severe biologically-based mental illness.--The term `severe biologically-based mental illness' means an illness that medical science in conjunction with the Diagnostic and Statistical Manual of Mental Disorders (DSM IV) affirms as biologically based and severe, including schizophrenia, bipolar disorder, major depression, obsessive compulsive and panic disorders, posttraumatic stress disorder, autism, and other severe and disabling mental disorders such as anorexia nervosa and attention-deficit/hyper activity disorder.''; and (5) by striking subsection (f). (b) Effective Date.--The amendments made by this section shall apply with respect to plan years beginning on or after January 1, 2000. SEC. 4. PREEMPTION. Nothing in the amendments made by this Act shall be construed to preempt any provision of State law that provides protections to enrollees that are greater than the protections provided under such amendments.

Mental Health Equitable Treatment Act of 1999 - Amends the Employee Retirement Income Security Act of 1974 and the Public Health Service Act to prohibit certain employee group health plans or related insurance coverages providing both medical-surgical and health benefits from imposing, in the absence of comparable medical-surgical limits: (1) mental health inpatient and outpatient benefit limits; and (2) limits on benefits for severe biologically based mental illnesses.

16,472

SECTION 1. SHORT TITLE. This Act may be cited as the ``Ottawa National Wildlife Refuge Complex Expansion and Detroit River International Wildlife Refuge Expansion Act''. SEC. 2. FINDINGS. Congress finds that-- (1) the western basin of Lake Erie, as part of the Great Lakes ecosystem-- (A) is the largest freshwater ecosystem in the world; and (B) is vitally important to the economic and environmental future of the United States; (2) over the 30-year period preceding the date of enactment of this Act, the citizens and governmental institutions of the United States and Canada have devoted increasing attention and resources to the restoration of the water quality and fisheries of the Great Lakes, including the western basin; (3) that increased awareness has been accompanied by a gradual shift toward a holistic ecosystem approach that highlights a growing recognition that shoreline areas, commonly referred to as nearshore terrestrial ecosystems, are an integral part of the western basin and the Great Lakes ecosystem; (4) the Great Lakes account for more than 90 percent of the surface freshwater in the United States; (5) the western basin of Lake Erie receives approximately 90 percent of its flow from the Detroit River and only approximately 10 percent from tributaries; (6) the western basin is an important ecosystem that includes a number of distinct islands, channels, rivers, and shoals that support dense populations of fish, wildlife, and aquatic plants; (7) coastal wetland of Lake Erie supports the largest diversity of plant and wildlife species in the Great Lakes; (8) because Lake Erie is located at a more southern latitude than other Great Lakes, the moderate climate of Lake Erie is appropriate for many species that are not found in or along the northern Great Lakes; (9) more than 300 species of plants, including 37 significant species, have been identified in the aquatic and wetland habitats of the western basin; (10) the shallow western basin of Lake Erie, extending from the Lower Detroit River to Sandusky Bay, is home to the greatest concentration of marshes in Lake Erie, including-- (A) Mouille, Metzger, and Magee marshes; (B) the Maumee Bay wetland complex; (C) the wetland complexes flanking Locust Point; and (D) the wetland in Sandusky Bay; (11) the larger islands of the United States in western Lake Erie have wetland in small embayments; (12) the wetland in the western basin comprises some of the most important waterfowl habitat in the Great Lakes; (13) waterfowl, wading birds, shore birds, gulls and terns, raptors, and perching birds use the wetland in the western basin for migration, nesting, and feeding; (14) hundreds of thousands of diving ducks stop to rest in the Lake Erie area during autumn migration from Canada to points east and south; (15) the wetland of the western basin provides a major stopover for sea ducks, such as migrating common goldeneye, common mergansers, and ruddy duck; (16) the international importance of Lake Erie is indicated in the United States by congressional designation of the Ottawa and Cedar Point National Wildlife Refuges; (17)(A) Lake Erie has an international reputation for walleye, perch, and bass fishing, recreational boating, birding, photography, and duck hunting; and (B) on an economic basis, tourism in the Lake Erie area accounts for an estimated $1,500,000,000 in retail sales and more than 50,000 jobs; (18)(A) many of the 417,000 boats that are registered in the State of Ohio are used in the western basin, in part to fish for the estimated 10,000,000 walleye that migrate from the lake to spawn; and (B) that internationally renowned walleye fishery drives much of the $2,000,000,000 sport fishing industry in the State of Ohio; (19) coastal wetland in the western basin has been subjected to intense pressure for 150 years; (20) prior to 1850, the western basin was part of an extensive coastal marsh and swamp system consisting of approximately 122,000 hectares that comprised a portion of the Great Black Swamp; (21) by 1951, only 12,407 wetland hectares remained in the western basin; (22) 50 percent of that acreage was destroyed between 1972 and 1987, leaving only approximately 5,000 hectares in existence today; (23) along the Michigan shoreline, coastal wetland was reduced by 62 percent between 1916 and the early 1970s; (24) the development of the city of Monroe, Michigan, has had a particularly significant impact on the coastal wetland at the mouth of the Raisin River; (25) only approximately 100 hectares remain physically unaltered today in an area in which, 70 years ago, marshes were 10 times more extensive; (26) in addition to the actual loss of coastal wetland acreage along the shores of Lake Erie, the quality of much remaining dike wetland has been degraded by numerous stressors, especially excessive loadings of sediments and nutrients, contaminants, shoreline modification, exotic species, and the diking of wetland; and (27) protective peninsula beach systems, such as the former Bay Point and Woodtick, at the border of Ohio and Michigan near the mouth of the Ottawa River and Maumee Bay, have been eroded over the years, exacerbating erosion along the shorelines and negatively affecting breeding and spawning grounds. SEC. 3. PURPOSE. The purpose of this Act is to establish a national wildlife refuge complex in the State of Ohio-- (1)(A) to protect the remaining high-quality fish and wildlife habitats of the western basin before those habitats are lost to further development; and (B) to restore and enhance degraded wildlife habitats associated with the western basin; (2) in partnership with nongovernmental and private organizations and private individuals dedicated to habitat enhancement, to conserve, enhance, and restore the native aquatic and terrestrial community characteristics of the western basin (including associated fish, wildlife, and plant species); (3) to facilitate partnerships among the United States Fish and Wildlife Service, Canadian national and provincial authorities, State and local governments, local communities in the United States and Canada, conservation organizations, and other non-Federal entities to promote public awareness of the resources of the western basin; and (4) to advance the collective goals and priorities that-- (A) were established in the report entitled ``Great Lakes Strategy 2002--A Plan for the New Millennium'', developed by the United States Policy Committee, comprised of Federal agencies (including the United States Fish and Wildlife Service, the National Oceanic and Atmospheric Administration, the United States Geological Survey, the Forest Service, and the Great Lakes Fishery Commission) and State governments and tribal governments in the Great Lakes basin; and (B) include the goals of cooperating to protect and restore the chemical, physical, and biological integrity of the Great Lakes basin ecosystem. SEC. 4. DEFINITIONS. In this Act: (1) Cedar point refuge.--The term ``Cedar Point Refuge'' means the Cedar Point National Wildlife Refuge established by the Secretary in accordance with the Migratory Bird Conservation Act (16 U.S.C. 715 et seq.). (2) International refuge.--The term ``International Refuge'' means the Detroit River International Wildlife Refuge established by section 5(a) of the Detroit River International Wildlife Refuge Establishment Act (16 U.S.C. 668dd note; 115 Stat. 894). (3) Ottawa refuge.--The term ``Ottawa Refuge'' means the Ottawa National Wildlife Refuge, established by the Secretary in accordance with the Migratory Bird Conservation Act (16 U.S.C. 715 et seq.). (4) Refuge complex.--The term ``Refuge Complex'' means the national wildlife refuge complex established by section 5(a). (5) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (6) Western basin.-- (A) In general.--The term ``western basin'' means the western basin of Lake Erie, consisting of the land and water in the watersheds of Lake Erie extending from the watershed of the Lower Detroit River in the State of Michigan to and including Sandusky Bay and the watershed of Sandusky Bay in the State of Ohio. (B) Inclusion.--The term `western basin' includes the Bass Island archipelago in the State of Ohio. (7) West sister island refuge.--The term ``West Sister Island Refuge'' means the West Sister Island National Wildlife Refuge established by Executive Order 7937, dated August 2, 1937. SEC. 5. NATIONAL WILDLIFE REFUGE COMPLEX. (a) Establishment.--There is established a national wildlife refuge complex in the State of Ohio, consisting of-- (1) the Ottawa Refuge, as modified by subsection (b); (2) the West Sister Island Refuge; and (3) the Cedar Point Refuge. (b) Expansion of Ottawa National Wildlife Refuge.-- (1) In general.--The Secretary shall expand the boundaries of the Ottawa Refuge to include surrounding land and water in the State of Ohio extending from the eastern boundary of the Maumee Bay State Park to the eastern boundary of the Darby Unit (including the Bass Island archipelago) as depicted on the map entitled ``Ottawa National Wildlife Refuge Complex Expansion and Detroit River International Wildlife Refuge Expansion Act'', dated September 6, 2002. (2) Availability of map.--The map referred to in paragraph (1) shall be available for inspection in appropriate offices of the United States Fish and Wildlife Service. (c) Boundary Revisions.--The Secretary may make such revisions of the boundaries of the Refuge Complex as the Secretary determines to be appropriate-- (1) to facilitate the acquisition of property within the Refuge Complex; or (2) to carry out this Act. (d) Acquisition.-- (1) In general.--Subject to paragraph (2), the Secretary may acquire by donation, purchase with donated or appropriated funds, or exchange the land and water, and interests in land and water (including conservation easements), within the boundaries of the Refuge Complex. (2) Consent.--No land, water, or interest in land or water described in paragraph (1) may be acquired by the Secretary without the consent of the owner of the land, water, or interest. (e) Transfers From Other Agencies.--Administrative jurisdiction over any Federal property that is located within the boundaries of the Refuge Complex and under the administrative jurisdiction of an agency of the United States other than the Department of the Interior may, with the concurrence of the head of the administering agency, be transferred without consideration to the Secretary for the purpose of this Act. (f) Study of Associated Area.-- (1) In general.--The Secretary, acting through the Director of the United States Fish and Wildlife Service, shall conduct a study of fish and wildlife habitat and aquatic and terrestrial communities in and around the 2 dredge spoil disposal sites that are-- (A) referred to by the Toledo-Lucas County Port Authority as ``Port Authority Facility Number Three'' and ``Grassy Island'', respectively; and (B) located within Toledo Harbor near the mouth of the Maumee River. (2) Report.--Not later than 18 months after the date of enactment of the Act, the Secretary shall-- (A) complete the study under paragraph (1); and (B) submit to Congress a report on the results of the study. SEC. 6. EXPANSION OF INTERNATIONAL REFUGE BOUNDARIES. The Secretary shall expand the southern boundary of the International Refuge to include additional land and water in the State of Michigan located east of Interstate Route 75, extending from the southern boundary of Sterling State Park to the Ohio State line, as depicted on the map referred to in section 5(b)(1). SEC. 7. ADMINISTRATION. (a) Refuge Complex.-- (1) In general.--The Secretary shall administer all federally owned land, water, and interests in land and water that are located within the boundaries of the Refuge Complex in accordance with-- (A) the National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd et seq.); and (B) this Act. (2) Additional authority.--The Secretary may use such additional statutory authority available to the Secretary for the conservation of fish and wildlife, and the provision of opportunities for fish- and wildlife-dependent recreation, as the Secretary determines to be appropriate to carry out this Act. (b) Priority Uses.--In providing opportunities for compatible fish- and wildlife-dependent recreation, the Secretary, in accordance with paragraphs (3) and (4) of section 4(a) of the National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd(a)), shall ensure, to the maximum extent practicable, that hunting, trapping, fishing, wildlife observation and photography, and environmental education and interpretation are the priority public uses of the Refuge Complex. (c) Cooperative Agreements Regarding Non-Federal Land.--To promote public awareness of the resources of the western basin and encourage public participation in the conservation of those resources, the Secretary may enter into cooperative agreements with the State of Ohio or Michigan, any political subdivision of the State, or any person for the management, in a manner consistent with this Act, of land that-- (1) is owned by the State, political subdivision, or person; and (2) is located within the boundaries of the Refuge Complex. (d) Use of Existing Greenway Authority.--The Secretary shall encourage the State of Ohio to use authority under the recreational trails program under section 206 of title 23, United States Code, to provide funding for acquisition and development of trails within the boundaries of the Refuge Complex. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as are necessary-- (1) to acquire land and water within the Refuge Complex under section 5(d); (2) to carry out the study under section 5(f); and (3) to develop, operate, and maintain the Refuge Complex.

Ottawa National Wildlife Refuge Complex Expansion and Detroit River International Wildlife Refuge Expansion Act - Establishes a national wildlife refuge complex in Ohio, consisting of the Ottawa, West Sister Island, and Cedar Point National Wildlife Refuges.Requires the Secretary of the Interior to expand the Ottawa Refuge to include specified land and water in Ohio. Permits the Secretary to acquire by donation, purchase, or exchange the land and water and interests in land and water within the boundaries of the Complex.Directs the Secretary, acting through the Director of the United States Fish and Wildlife Service, to study and report to Congress on fish and wildlife habitat and aquatic and terrestrial communities in and around two specified dredge spoil disposal sites in Toledo Harbor.Requires the Secretary to expand the southern boundary of the Detroit River International Wildlife Refuge (the Refuge) to include additional land and water located in the State of Michigan east of Interstate Route 75.Prescribes requirements for administration of the Complex.Directs the Secretary to ensure that hunting, trapping, fishing, wildlife observation and photography, and environmental education and interpretation shall be the priority public uses of the Complex.Requires the Secretary to encourage the State of Ohio to use authority under the Federal recreational trails program to provide funding for the acquisition and development of trails within the boundaries of the Complex.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Code Talkers Recognition Act''. SEC. 2. EXPRESSION OF RECOGNITION. The purposes of the medals authorized by this Act are to express recognition by the United States and the Congress and to honor the Native American Code Talkers who distinguished themselves in performing highly successful communications operations of a unique type that greatly assisted in saving countless lives and in hastening the end of World War I and World War II. SEC. 3. FINDINGS. The Congress finds as follows: (1) When the United States entered World War I, Indian people of the United States were not accorded the status of citizens of the United States. (2) Without regard to this lack of citizenship, members of Indian Tribes and nations enlisted in the Armed Forces to fight on behalf of their native land. (3) The first reported use of American Indian Code Talkers was on October 17, 1918. (4) The Choctaw Code Talkers in World War I were the first Code Talkers that played a role in American military operations and transmitted vital communications that helped defeat German forces in Europe in World War I. (5) Because the language used by the Choctaw soldiers in the transmission of information was not based on a European language or on a mathematical progression, the Germans were unable to understand any of the transmissions. (6) This was the first time in modern warfare that such transmission of messages in a native language was used for the purpose of confusing the enemy. (7) On December 7, 1941, the Japanese Empire attacked Pearl Harbor, Hawaii and Congress declared war the following day. (8) The United States Government called upon the Comanche Nation to support the military effort during World War II by recruiting and enlisting Comanche men to serve in the United States Army to develop a secret code based on the Comanche language. (9) During World War II, the United States employed Native American Code Talkers who developed secret means of communication based on Native languages and who were critical to winning the war. (10) The Army recruited about 50 Native Americans for such special communication assignments and the Marines recruited several hundred Navajos for duty in the Pacific. (11) In 2001, Congress and President Bush honored the Navajo Code Talkers with congressional gold medals for their contributions to the United States Armed Forces as radio operators during World War II. (12) It is time for Congress to give all Native American Code Talkers the recognition they deserve for their contributions to United States victories in World War I and World War II. (13) Soldiers from the Assiniboine, Cherokee, Cheyenne, Chippewa/Oneida, Choctaw, Comanche, Cree, Crow, Hopi, Kiowa, Menominee, Meskwaki, Mississauga, Muscogee, Osage, Pawnee, Sac and Fox, Seminole, and Sioux (Lakota and Dakota) Indian Tribes and nations served as Code Talkers during World War II. (14) To the enemy's frustration, the code developed by these Native American Indians proved to be unbreakable and was used extensively throughout the European theater. (15) The heroic and dramatic contributions of the Native American Code Talkers was instrumental in driving back Axis forces across the Pacific during World War II. SEC. 4. CONGRESSIONAL GOLD MEDAL. (a) Awards Authorized.--The Speaker of the House of Representatives and the President pro tempore of the Senate shall make appropriate arrangements for the award, on behalf of the Congress, of a single gold medal of appropriate design in honor of the Native American members of the United States Armed Forces, collectively, who served as Code Talkers in any foreign conflict in which the United States was involved during the 20th Century. (b) Design and Striking.-- (1) In general.--For the purposes of the award referred to in subsection (a), the Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall strike a gold medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary. (2) Designs of medals emblematic of code talker service.-- The design of the gold medal struck under this subsection in recognition of Native American Code Talkers shall be emblematic of the heroic and dramatic service of such Code Talkers. (3) Indian tribe defined.--For purposes of this Act, the term ``Indian tribe'' has the same meaning as in section 4 of the Indian Self-Determination and Education Assistance Act. (c) Display of Gold Medal.--Following the award of the gold medal under subsection (a), the gold medal shall be given to the Smithsonian Institution where it will be displayed as appropriate and made available for research. (d) Presentation of Duplicate Gold Medals to Tribal Governments.-- The Speaker of the House of Representatives and the President pro tempore of the Senate shall make appropriate arrangements for the presentation, on behalf of the Congress, of a gold duplicate of the gold medal awarded under subsection (a) to the government of each Indian tribe that the Secretary and the Secretary of Defense jointly determine had tribal members who served as Code Talkers in the United States Armed Forces in any foreign conflict in which the United States was involved during the 20th Century. SEC. 5. SILVER DUPLICATES FOR INDIVIDUAL CODE TALKERS. (a) In General.--The Secretary shall strike duplicates in silver of the gold medals struck under section 4 for transmittal, in a manner to be determined by the Speaker of the House of Representatives and the President pro tempore of the Senate, to each individual identified under subsection (b) as a Native American member of the United States Armed Forces who served as a Code Talker in any foreign conflict in which the United States was involved during the 20th Century or to the next of kin or other personal representative of any such Native American who has deceased before such presentation. (b) Determination of Identity of Code Talkers.--For purposes of determining eligibility for a silver duplicate under subsection (a), the Secretary shall consult with the Secretary of Defense who shall make prompt determinations of such eligibility. SEC. 6. BRONZE DUPLICATE MEDALS FOR SALE TO PUBLIC. Under such regulations as the Secretary may prescribe, the Secretary may strike and sell duplicates in bronze of the gold medal struck under section 4, at a price sufficient to cover the costs of the medal, including labor, materials, dies, use of machinery, and overhead expenses. SEC. 7. NATIONAL MEDALS. Medals struck pursuant to this Act are national medals for purposes of chapter 51 of title 31, United States Code. SEC. 8. AUTHORIZATION OF APPROPRIATIONS; PROCEEDS OF SALE. (a) Authorization of Appropriations.--There is authorized to be charged against the United States Mint Public Enterprise Fund, such amounts as are necessary to pay for the cost of the medals authorized under sections 4 and 5. (b) Proceeds of Sale.--Amounts received from the sale of duplicate bronze medals under this Act shall be deposited in the United States Mint Public Enterprise Fund. SEC. 9. RULE OF CONSTUCTION. No provision of this Act shall be construed as authorizing the award of a duplicate medal to any individual, or any next of kin or personal representative of any individual, previously honored pursuant to section 1101 of title XI of division B of H.R. 5666, as enacted by reference in Public Law 106-554.

Code Talkers Recognition Act - Directs the Speaker of the House of Representatives and the President pro tempore of the Senate to arrange for: (1) the award on behalf of Congress of a single gold medal of appropriate design to honor the Native American members of the U.S. Armed Forces, collectively, who served as Code Talkers in any foreign conflict in which the United States was involved during the 20th century for display in the Smithsonian Institution; and (2) presentation of a gold duplicate of such medal to each Indian tribe that had tribal members who served as such Code Talkers. Directs the Secretary of the Treasury to strike: (1) silver duplicates for transmittal to each individual who served as a Code Talker (or next of kin); and (2) bronze duplicates for public sale.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``GI Educational Freedom Act of 2012''. SEC. 2. REQUIREMENT FOR PROVISION OF EDUCATIONAL COUNSELING TO INDIVIDUALS BEFORE SUCH INDIVIDUALS RECEIVE EDUCATIONAL ASSISTANCE PROVIDED UNDER LAWS ADMINISTERED BY SECRETARY OF VETERANS AFFAIRS. (a) In General.--Section 3697A of title 38, United States Code, is amended-- (1) by redesignating subsections (c) through (e) as subsections (d) through (f), respectively; and (2) by inserting after subsection (b) the following new subsection (c): ``(c)(1) Except as provided in paragraph (2), in the case of an individual described in subsection (b)(1), the counseling services described in subsection (a) shall be required to be provided to the individual before the individual receives the educational assistance described in such subsection. ``(2) The requirement to provide counseling services under paragraph (1) shall not apply with respect to an individual described in such paragraph who communicates to the Secretary, before receiving educational assistance described in such paragraph, that the individual declines the counseling services provided under such paragraph. ``(3) For each individual to whom the Secretary provides counseling services under paragraph (1), the Secretary shall provide to the individual, as part of such services and to the degree that information necessary to carry out this paragraph is available to the Secretary, the following: ``(A) An explanation of the different types of accreditation and State certification and licensure available to educational institutions and programs of education and a discussion of how such accreditation, certification, and licensure can be important for meeting preconditions of employment. ``(B) A discussion of how the various policies of educational institutions regarding the transfer of academic credit can affect the individual and what kinds of issues are commonly encountered by students trying to transfer academic credit. ``(C) An overview of Federal student aid programs, the implications of incurring student loan debt, and discussion of how receipt of Federal student aid can enable a student to complete a program of education without incurring significant educational debt. ``(D) A comprehensive assessment of the type and amount of educational assistance available to the individual under Federal law and under the laws of the State in which the individual resides and of any other State of the individual's choosing. ``(E) If the individual has not developed an academic plan, a discussion about the importance of developing an academic plan. ``(F) A comprehensive list of educational institutions located in the State in which the individual resides and in any other State of the individual's choosing. ``(G) For each educational institution listed under subparagraph (F), the following information, if available, in a format that allows for easy comparison of educational institutions: ``(i) Whether financial assistance is available to a student enrolled in a program of education at the educational institution under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.). ``(ii) The number of veterans enrolled in a program of education at the educational institution who received educational assistance under a law administered by the Secretary in the most recently completed academic year. ``(iii) A list of-- ``(I) academic and student support services provided by the educational institution to students enrolled in programs of education at the educational institution, including job placement and career counseling services; and ``(II) special services or benefits currently provided by the educational institution that address the unique needs of veterans. ``(iv) With respect to the three-year period ending at the end of the most recently completed academic year, the median amount of student loan debt held upon completion of a program of education at the educational institution by veterans described in clause (ii). ``(v) The cohort default rate, as defined in section 435(m) of the Higher Education Act of 1965 (20 U.S.C. 1085(m)), of the educational institution. ``(vi) With respect to the three-year period ending at the end of the most recently completed academic year-- ``(I) the average number of veterans who received a degree from the educational institution for completing a program of education; ``(II) the average number of people who received a degree from the educational institution for completing a program of education; ``(III) the average number of veterans enrolled in programs of education at the educational institution; and ``(IV) the average number of people enrolled in programs of education at the educational institution. ``(vii) In the case of an educational institution that offers a program of education designed to prepare people for a State licensure exam, the percentage of such students who take and pass such exam. ``(viii) For each program of education at the educational institution, the average amount of tuition and fees the educational institution charges a student for completing the program of education within normal time (as defined in section 668.41(a) of title 34, Code of Federal Regulations (or any corresponding similar regulation or ruling)), the typical costs for books and supplies (unless those costs are included as part of tuition and fees), and the cost of room and board, if applicable, and a calculation of how much of such costs can be covered by educational assistance available to the individual under laws administered by the Secretary. ``(ix) A description of the status of the accreditation of the educational institution and each program of education offered by the educational institution and a discussion of the significance of such status. ``(x) The median, for all veterans described in subsection (b)(1) who complete a program of education at the education institution that is an eligible program of training to prepare students for gainful employment in a recognized occupation (as described in section 102(b)(1)(A)(i) of the Higher Education Act of 1965 (20 U.S.C. 1002(b)(1)(A)(i))), of the duration of each period beginning on the date on which a veteran completes a program of education at the educational institution and the date on which the veteran first obtains employment after completing such program. ``(xi) The median, for all people who complete a program of education at the education institution that is an eligible program of training to prepare students for gainful employment in a recognized occupation (as described in section 102(b)(1)(A)(i) of the Higher Education Act of 1965 (20 U.S.C. 1002(b)(1)(A)(i))), of the duration of each period beginning on the date on which a person completes a program of education at the educational institution and the date on which the person first obtains employment after completing such program. ``(xii) The percentages of veterans and the percentages of people enrolled in programs of education at the educational institution who obtain a degree or certificate within-- ``(I) the normal time for completion of, or graduate from, the veteran's or person's program, as the case may be; ``(II) 150 percent of the normal time for completion of, or graduation from, the veteran's or person's program, as the case may be; and ``(III) 200 percent of the normal time for completion of, or graduation from, the veteran's or person's program, as the case may be. ``(xiii) The number of students enrolled in a program of education at the educational institution and the number of such students who submit a complaint to the Secretary under section 3693A(a) of this title. ``(xiv) Whether the educational institution has been reported by a Federal or State agency or a nationally or regionally recognized accrediting agency or association as failing to comply with, or has a significant risk of failing to comply with, a provision of title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.). ``(xv) A description of the topics or subjects of the most numerous complaints filed during the most recent three-year period under section 3693A of this title with respect to the educational institution. ``(xvi) With respect to each of clauses (i) through (xiv), how the educational institution compares with other educational institutions as follows: ``(I) If the educational institution is a four-year educational institution, how the educational institution compares with the average of all four-year educational institutions. ``(II) If the educational institution is a two-year educational institution, how the educational institution compares with the average of all two-year educational institutions. ``(III) If the educational institution is a less than two-year educational institution, how the educational institution compares with the average of all less than two-year educational institutions. ``(xvii) Such other information as the Secretary considers appropriate to assist the individual in selecting an educational institution or training establishment as described in subsection (a)(1). ``(4) The Secretary may obtain such information as the Secretary requires to carry paragraph (3) from the Secretary of Education, the Secretary of Defense, and the heads of such other Federal agencies as the Secretary considers appropriate. ``(5) The Secretary shall make available to the public on an Internet website such information provided under paragraph (3) as the Secretary considers appropriate. ``(6) Making information available under paragraphs (3) and (5) shall not be required in a case in which the number of students in a category is insufficient to yield statistically reliable information or the results would reveal personally identifiable information about a student.''. (b) Effective Date.--Subsection (a) shall take effect on the date that is one year after the date of the enactment of this Act and subsection (c) of section 3697A of such title, as added by such subsection, shall apply with respect to individuals who apply for educational assistance described in subsection (b)(1) of such section on or after such date. SEC. 3. REPEAL OF LIMITATION ON PAYMENTS FOR CONTRACT EDUCATIONAL AND VOCATIONAL COUNSELING PROVIDED BY SECRETARY OF VETERANS AFFAIRS. Section 3697 of title 38, United States Code, is amended-- (1) by striking subsection (b); and (2) in subsection (a), by striking ``(a) Subject to subsection (b) of this section, educational'' and inserting ``Educational''. SEC. 4. VETERANS' EDUCATION CONSUMER COMPLAINT TRACKING SYSTEM. (a) In General.--Chapter 36 of title 38, United States Code, is amended by inserting after section 3693 the following new section: ``Sec. 3693A. Complaint tracking system ``(a) Establishment.--Not later than 180 days after the date of the enactment of this section, the Secretary shall establish a system to collect, process, and track complaints submitted to the Secretary by individuals who are enrolled in programs of education at educational institutions to report instances of fraud, waste, and abuse by such institutions with respect to the benefits and services provided by such institutions to such individuals. ``(b) Requirements.--This system established under subsection (a) shall meet the following requirements: ``(1) The system shall create an individual case number for each complaint processed and tracked in the system. ``(2) The system shall allow for the reporting of complaints, disaggregated by educational institution. ``(3) The system shall allow for the reporting of complaints, disaggregated by topic or subject matter. ``(4) The system shall allow for the submittal of complaints by-- ``(A) Internet website; and ``(B) telephone via a toll-free number that is available every day at all hours. ``(5) The system shall allow for the sharing of complaints with the following: ``(A) The educational institutions that are the subjects of the complaints. ``(B) The Secretary of Education. ``(C) The Secretary of Defense. ``(D) State approving agencies. ``(E) Nationally or regionally recognized accrediting agencies and associations. ``(F) Such other Federal agencies as the Secretary of Veterans Affairs considers appropriate. ``(c) Outreach.--The Secretary shall conduct such outreach as may be necessary to inform individuals described in subsection (a) of the system and process established under such subsection. ``(d) Consideration by State Approving Agencies.--Whenever a State approving agency considers whether to approve a course of education of an educational institution under this chapter, the State approving agency shall review and take into consideration the complaints processed and tracked by the system established under subsection (a) regarding the educational institution. ``(e) Privacy.--(1) Whenever a complaint is shared under subsection (b)(5), the complaint shall be anonymized, unless the complainant gives permission to the Secretary to share the complainant's identity. ``(2) The Secretary may not share a complaint under subsection (b)(5) with an educational institution if the complainant requests that such complaint not be shared with an educational institution.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 36 of such title is amended by inserting after the item relating to section 3693 the following new item: ``3693A. Complaint tracking system.''.

GI Educational Freedom Act of 2012 - Requires any individual eligible for veterans' educational assistance through the Department of Veterans Affairs (VA) to be provided educational and vocational counseling services before the receipt of such educational assistance, unless the individual specifically declines such counseling. Outlines information to be included in such counseling. Directs the Secretary of Veterans Affairs to make such information available to the public. Repeals the $6 million fiscal year limit for VA contracting for such counseling services. Directs the Secretary to establish a system to collect, process, and track complaints submitted by individuals enrolled in VA programs of education to report instances of fraud, waste, and abuse with respect to benefits and services provided by educational institutions. Requires a state approving agency, when considering whether to approve a course of education at an educational institution, to review and take into consideration the complaints processed and tracked by such system. Provides for the confidentiality of such complaints.

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SECTION 1. WEIR FARM NATIONAL HISTORIC SITE, CONNECTICUT. (a) Acquisition of Land for Visitor and Administrative Facilities.--Section 4 of the Weir Farm National Historic Site Establishment Act of 1990 (16 U.S.C. 461 note; Public Law 101-485; 104 Stat. 1171) is amended by adding at the end the following: ``(d) Acquisition of Land for Visitor and Administrative Facilities; Limitations.-- ``(1) Acquisition.-- ``(A) In general.--To preserve and maintain the historic setting and character of the historic site, the Secretary may acquire not more than 15 additional acres for the development of visitor and administrative facilities for the historic site. ``(B) Proximity.--The property acquired under this subsection shall be contiguous to or in close proximity to the property described in subsection (b). ``(C) Management.--The acquired property shall be included within the boundary of the historic site and shall be managed and maintained as part of the historic site. ``(2) Development.--The Secretary shall keep development of the property acquired under paragraph (1) to a minimum so that the character of the acquired property will be similar to the natural and undeveloped landscape of the property described in subsection (b). ``(3) Agreements.--Prior to and as a prerequisite to any development of visitor and administrative facilities on the property acquired under paragraph (1), the Secretary shall enter into one or more agreements with the appropriate zoning authority of the town of Ridgefield, Connecticut, and the town of Wilton, Connecticut, for the purposes of-- ``(A) developing the parking, visitor, and administrative facilities for the historic site; and ``(B) managing bus traffic to the historic site and limiting parking for large tour buses to an offsite location.''. (b) Increase in Maximum Acquisition Authority.--Section 7 of the Weir Farm National Historic Site Act of 1990 (16 U.S.C. 461 note; Public Law 101-485; 104 Stat. 1173) is amended by striking ``$1,500,000'' and inserting ``$4,000,000''. SEC. 2. ACQUISITION AND MANAGEMENT OF WILCOX RANCH, UTAH, FOR WILDLIFE HABITAT. (a) Findings.--Congress finds the following: (1) The lands within the Wilcox Ranch in eastern Utah are prime habitat for wild turkeys, eagles, hawks, bears, cougars, elk, deer, bighorn sheep, and many other important species, and Range Creek within the Wilcox Ranch could become a blue ribbon trout stream. (2) These lands also contain a great deal of undisturbed cultural and archeological resources, including ancient pottery, arrowheads, and rock homes constructed centuries ago. (3) These lands, while comprising only approximately 3,800 acres, control access to over 75,000 acres of Federal lands under the jurisdiction of the Bureau of Land Management. (4) Acquisition of the Wilcox Ranch would benefit the people of the United States by preserving and enhancing important wildlife habitat, ensuring access to lands of the Bureau of Land Management, and protecting priceless archeological and cultural resources. (5) These lands, if acquired by the United States, can be managed by the Utah Division of Wildlife Resources at no additional expense to the Federal Government. (b) Acquisition of Lands.--As soon as practicable, after the date of the enactment of this Act, the Secretary of the Interior shall acquire, through purchase, the Wilcox Ranch located in Emery County, in eastern Utah. (c) Funds for Purchase.--The Secretary of the Interior is authorized to use not more than $5,000,000 from the land and water conservation fund established under section 2 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-5) for the purchase of the Wilcox Ranch under subsection (b). (d) Management of Lands.--Upon payment by the State of Utah of one- half of the purchase price of the Wilcox Ranch to the United States, or transfer by the State of Utah of lands of the same such value to the United States, the Secretary of the Interior shall transfer to the State of Utah all right, title, and interest of the United States in and to those Wilcox Ranch lands acquired under subsection (b) for management by the State Division of Wildlife Resources for wildlife habitat and public access. SEC. 3. LAND CONVEYANCE, YAVAPAI COUNTY, ARIZONA. (a) Conveyance Required.--Notwithstanding any other provision of law, the Secretary of the Interior shall convey, without consideration and for educational related purposes, to Embry-Riddle Aeronautical University, Florida, a nonprofit corporation authorized to do business in the State of Arizona, all right, title, and interest of the United States, if any, to a parcel of real property consisting of approximately 16 acres in Yavapai County, Arizona, which is more fully described as the parcel lying east of the east right-of-way boundary of the Willow Creek Road in the southwest one-quarter of the southwest one-quarter (SW\1/4\SW\1/4\) of section 2, township 14 north, range 2 west, Gila and Salt River meridian. (b) Terms of Conveyance.--Subject to the limitation that the land to be conveyed is to be used only for educational related purposes, the conveyance under subsection (a) is to be made without any other conditions, limitations, reservations, restrictions, or terms by the United States. If the Secretary of the Interior determines that the conveyed lands are not being used for educational related purposes, at the option of the United States, the lands shall revert to the United States. SEC. 4. LAND EXCHANGE, EL PORTAL ADMINISTRATIVE SITE, CALIFORNIA. (a) Authorization of Exchange.--If the non-Federal lands described in subsection (b) are conveyed to the United States in accordance with this section, the Secretary of the Interior shall convey to the party conveying the non-Federal lands all right, title, and interest of the United States in and to a parcel of land consisting of approximately 8 acres administered by the Department of Interior as part of the El Portal Administrative Site in the State of California, as generally depicted on the map entitled ``El Portal Administrative Site Land Exchange'', dated June 1998. (b) Receipt of Non-Federal Lands.--The parcel of non-Federal lands referred to in subsection (a) consists of approximately 8 acres, known as the Yosemite View parcel, which is located adjacent to the El Portal Administrative Site, as generally depicted on the map referred to in subsection (a). Title to the non-Federal lands must be acceptable to the Secretary of the Interior, and the conveyance shall be subject to such valid existing rights of record as may be acceptable to the Secretary. The parcel shall conform with the title approval standards applicable to Federal land acquisitions. (c) Equalization of Values.--If the value of the Federal land and non-Federal lands to be exchanged under this section are not equal in value, the difference in value shall be equalized through a cash payment or the provision of goods or services as agreed upon by the Secretary and the party conveying the non-Federal lands. (d) Applicability of Other Laws.--Except as otherwise provided in this section, the Secretary of the Interior shall process the land exchange authorized by this section in the manner provided in part 2200 of title 43, Code of Federal Regulations, as in effect on the date of the enactment of this subtitle. (e) Boundary Adjustment.--Upon completion of the land exchange, the Secretary shall adjust the boundaries of the El Portal Administrative Site as necessary to reflect the exchange. Lands acquired by the Secretary under this section shall be administered as part of the El Portal Administrative Site. (f) Map.--The map referred to in subsection (a) shall be on file and available for inspection in appropriate offices of the Department of the Interior. (g) Additional Terms and Conditions.--The Secretary of the Interior may require such additional terms and conditions in connection with the land exchange under this section as the Secretary considers appropriate to protect the interests of the United States. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Amends the Weir Farm National Historic Site Establishment Act of 1990 to authorize the Secretary of the Interior to acquire not more than 15 additional acres of land contiguous or in close proximity to the Weir Farm National Historic Site, Connecticut, for the development of visitor and administrative facilities for the Site. Conditions development of visitor and administrative facilities on the Secretary's entering into one or more agreements with the appropriate zoning authority of the towns of Ridgefield and Wilton for the purposes of: (1) developing the parking, visitor, and administrative facilities for the Site; and (2) managing bus traffic to the Site and limiting parking for large tour buses to an offsite location. Increases the authorization of appropriations for acquisition of real and personal property for the Site.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Improving Cooperation with States and Local Governments and Preventing the Catch and Release of Criminal Aliens Act of 2015''. SEC. 2. DEFINITIONS. For purposes of this Act: (1) Criminal alien.--The term ``criminal alien'' means any alien who-- (A) was arrested, charged, or convicted of an offense described in section 101(a)(43) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(43)); (B) is described in paragraph (2), (3), (9)(A), (9)(C)(i)(II), or (10)(C) of section 212(a) of such Act (8 U.S.C. 1182(a)); (C) is removable under paragraph (2) or (4) of section 237(a) of such Act (8 U.S.C. 1227(a)); (D) is described in section 276 of such Act (8 U.S.C. 1326); or (E) was arrested, charged, or convicted of any felony or misdemeanor offense relating to driving under the influence of alcohol or drugs. (2) Sanctuary jurisdiction.--The term ``sanctuary jurisdiction'' means a State or a political subdivision of a State that has in effect a statute, policy, or practice that prohibits law enforcement officers of the State, or of the political subdivision, from assisting or cooperating with Federal immigration law enforcement in the course of carrying out the officers' routine law enforcement duties. SEC. 3. LIMITS ON FEDERAL FUNDING FOR STATE AND LOCAL JURISDICTIONS. (a) In General.--A jurisdiction may not receive any of the funding described in subsection (b) if the jurisdiction does not cooperate with Federal officials with respect to criminal aliens or other aliens deemed to be a priority for removal by the Secretary of Homeland Security, including by refusing-- (1) to detain or transfer custody of such aliens pursuant to detainers placed upon such aliens; or (2) to notify a Federal law enforcement agency, upon request, of the release of such aliens. (b) Restricted Funding.--The funding described in this subsection consists of-- (1) any of the funds that would otherwise be allocated to the State or political subdivision under section 241(i) of the Immigration and Nationality Act (8 U.S.C. 1231(i)); (2) any grant funding authorized under the Second Chance Act of 2007 (Public Law 110-199); and (3) any other law enforcement related grants or contracts awarded by the Department of Homeland Security or Department of Justice, which may be designated by the relevant Secretary or the Attorney General. (c) Termination of Ineligibility.--A jurisdiction shall become eligible to receive funds, grants, or contracts described in subsection (b) after the Secretary of Homeland Security, in consultation with the Attorney General, certifies that-- (1) the jurisdiction no longer fails to cooperate with Federal officials regarding detentions, transfers, and notifications described in subsection (a); and (2) the statute, policy, or practice of that State or political subdivision prohibiting law enforcement officers from assisting or cooperating with Federal immigration law enforcement with respect to criminal aliens has been repealed, rescinded, or terminated. (d) Reallocation.--Any funds that are withheld from a jurisdiction pursuant to this section shall be reallocated by the Secretary of Homeland Security or by the Attorney General, in consultation with each other, equally among-- (1) States and political subdivisions of States, which-- (A) cooperate with Federal officials regarding the detentions, transfers, and notifications described subsection (a); and (B) submit an application to the appropriate Department for such unobligated funds; and (2) any statutorily authorized Federal grant program designed to protect victims of violence. SEC. 4. TRANSPARENCY AND ACCOUNTABILITY. (a) Annual Publication.--Not later than 60 days after the date of the enactment of this Act and annually thereafter, the Secretary of Homeland Security and the Attorney General shall jointly publish, on the websites of their respective departments-- (1) a list of sanctuary jurisdictions; and (2) a list of jurisdictions that do not grant Federal immigration law enforcement officers regular access to jails or detention facilities. (b) Public Disclosure of Detainers or Requests for Notification.-- Not later than 60 days after the date of the enactment of this Act, and quarterly thereafter, the Secretary of Homeland Security shall publish, on the website of the Department of Homeland Security-- (1) the total number of detainers and requests for notification of the release of any alien that has been issued to each State or political subdivision; and (2) the number of such detainers, and requests for notification that have been ignored or otherwise not honored. SEC. 5. INCREASE IN PENALTY FOR REENTRY BY REMOVED ALIEN. Section 276(a) of the Immigration and Nationality Act (8 U.S.C. 1326(a)) is amended, in the undesignated matter following paragraph (2)(B), by striking ``shall be fined under title 18, United States Code, or imprisoned not more than 2 years, or both'' and inserting ``shall be imprisoned for not less than 5 years and may also be fined under title 18, United States Code''. SEC. 6. SAVINGS PROVISIONS. Nothing in this Act may be construed-- (1) to require law enforcement officials of a State or a political subdivision of a State to report or arrest victims or witnesses of a criminal offense; or (2) to limit the ability of State and local law enforcement to cooperate with Federal immigration law enforcement with regard to aliens who are not criminal aliens.

Improving Cooperation with States and Local Governments and Preventing the Catch and Release of Criminal Aliens Act of 2015 This bill prohibits a jurisdiction from receiving any of the funding specified in this Act if it does not cooperate with federal officials regarding criminal aliens or other aliens deemed to be a removal priority by the Department of Homeland Security (DHS), including by refusing to: (1) detain or transfer custody of such aliens pursuant to detainers placed upon them; or (2) notify a federal law enforcement agency, upon request, of their release. Such funding consists of: incarceration reimbursement funds under the Immigration and Nationality Act, grant funding under the Second Chance Act of 2007, and any other law enforcement related grants or contracts awarded by DHS or the Department of Justice (DOJ). A jurisdiction shall become eligible to receive such funds, grants, or contracts after DHS certifies that: the jurisdiction no longer fails to cooperate with federal officials regarding detentions, transfers, and notifications; and the statute, policy, or practice of that state or local government prohibiting law enforcement officers from assisting or cooperating with federal immigration law enforcement regarding criminal aliens has been repealed, rescinded, or terminated. Withheld funds shall be reallocated equally among: states and local governments which cooperate with federal officials regarding detentions, transfers, and notifications, and apply to the appropriate Department for such funds; and any statutorily authorized federal grant program designed to protect victims of violence. DHS and DOJ shall publish jointly on their websites: (1) a list of sanctuary jurisdictions, and (2) a list of jurisdictions that do not grant federal immigration law enforcement officers regular access to jails or detention facilities. The Immigration and Nationality Act is amended to increase the penalty for reentry by a removed alien. Nothing in this Act may be construed to: (1) require law enforcement officials of a state or a local government to report or arrest victims or witnesses of a criminal offense, or (2) limit the ability of state and local law enforcement to cooperate with federal immigration law enforcement with regard to aliens who are not criminal aliens.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Yates Firearm Registration and Crime Prevention Act of 1997''. SEC. 2. FINDINGS. The Congress finds that-- (1) crimes committed with guns threaten the peace and domestic tranquillity of the citizens of the United States and the security and general welfare of the Nation and its people; (2) the unregistered and unregulated circulation of firearms in the United States increases the number of crimes committed with firearms; (3) firearms crimes have created a substantial burden on interstate and foreign commerce; (4) fear of firearms crimes discourages citizens from traveling between the States to conduct business or to visit national shrines and monuments, including the Nation's Capital; (5) in view of the ease with which firearms may be concealed and transported across State lines, individual State action to regulate firearms is made ineffective by lax regulation in other States and, accordingly, national legislation establishing minimum standards for the registration and regulation of firearms is necessary to permit effective State action; (6) crimes committed with guns have disrupted our national political processes and threaten the republican form of government within the States as guaranteed by Article IV of the United States Constitution; (7) the use of guns in homicides is not evenly distributed across population subgroups, death and injury in criminal violence from firearms are especially pronounced in the younger age groups and among minorities, and firearm homicide is the second leading cause of death for 15- to 19-year-olds and is increasing more rapidly than any other cause of death; (8) the Second Amendment to the United States Constitution was established to provide for the common defense by protecting the rights of the individual States to organize militias in times of national emergency; (9) firearm ownership is a privilege, not unlike that of driving a car, and it is the duty and obligation of the Federal Government to institute regulations and guidelines in order to safeguard the welfare of the general public; and (10) officials of the Government of the United States, including 4 Presidents of the United States and candidates for national public office, have been assassinated by use of firearms, and the lives of national officials of the legislative, executive, and judicial branches are increasingly threatened by the unregistered and unregulated circulation of firearms in the United States. SEC. 3. REGISTRATION OF FIREARMS AND FIREARM TRANSFERS; FIREARMS PERMITS. (a) In General.--Title 18, United States Code, is amended by inserting after chapter 44 the following: ``CHAPTER 44A--REGISTRATION OF FIREARMS AND FIREARM TRANSFERS; FIREARMS PERMITS ``Sec. ``941. Definitions. ``942. Registration of firearms and firearm transfers. ``943. Permits for possession and transfer of firearms and ammunition. ``944. Disposition of unregistered firearms. ``945. Penalties. ``946. Administration. ``947. Effect on State law. ``Sec. 941. Definitions ``The definitions in section 921(a) shall apply for purposes of this chapter. ``Sec. 942. Registration of firearms and firearm transfers ``(a)(1) It shall be unlawful for any person who owns a firearm in the United States on the effective date of this chapter to fail to register the firearm with the Secretary in accordance with subsection (b) within 1 year after the effective date. ``(2) It shall be unlawful for any person who manufactures a firearm in, or imports a firearm into, the United States to fail to register the firearm with the Secretary in accordance with subsection (b) within 7 calendar days after the date of manufacture or importation. ``(3)(A) It shall be unlawful for any person who transfers, or to whom is transferred, a firearm in the United States to fail to register the firearm transfer with the Secretary in accordance with subsection (b) within 7 calendar days after the date of the transfer. ``(B) Subparagraph (A) shall not apply to the delivery of a firearm by or to a common carrier, licensed pursuant to Federal or State law to transport firearms, in connection with the otherwise lawful transport of the firearm. ``(b) A person may register a firearm or firearm transfer by submitting to the Secretary, in person or by mail, the following information: ``(1) The name, age, address, and social security number (if any), of-- ``(A) the person; or ``(B) in the case of a firearm transfer, the transferor and the transferee. ``(2) The name of the manufacturer, the caliber or gauge (as appropriate), the model and type, and the serial number identification (if any) of the firearm. ``(c) It shall be unlawful for any person who discovers that the person has lost a firearm or that a firearm has been stolen from the person to fail to submit to the Secretary, during the 48-hour period that begins with the time the person discovers the loss or theft, a report of the loss or theft, which shall include such information as the Secretary shall by regulation prescribe, including the date and place of the loss or theft. ``Sec. 943. Permits for possession and transfer of firearms and ammunition ``(a)(1) Beginning 1 year after the effective date of this chapter, it shall be unlawful for a person to possess a firearm or ammunition in or affecting commerce unless the Secretary has issued to the person a firearms permit under subsection (b) which has not become invalid. ``(2)(A) It shall be unlawful for a person to transfer or receive a firearm or ammunition in or affecting commerce unless the transferee or recipient has and displays to the transferor a firearms permit issued to the transferee or recipient by the Secretary under subsection (b) which has not become invalid. ``(B) Subparagraph (A) shall not apply to the delivery of a firearm by or to, or the receipt of a firearm from, a common carrier licensed pursuant to Federal or State law to transport firearms, in connection with the otherwise lawful transportation of the firearm. ``(b) The Secretary shall issue a firearms permit to an applicant upon receipt of a written application that contains the following: ``(1) A statement that the applicant-- ``(A) has attained 18 years of age; ``(B) is not under indictment for, or been convicted in a court of, a crime punishable by imprisonment for a term exceeding 1 year; ``(C) is not a fugitive from justice; ``(D) is not an unlawful user of, or addicted to, a controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)); ``(E) has not been adjudicated as a mental defective or been committed to a mental institution; ``(F) is not an alien who is illegally or unlawfully in the United States; ``(G) has not been discharged from the armed forces under dishonorable conditions; ``(H) is not a person who, having been a citizen of the United States, has renounced such citizenship; and ``(I) is not subject to a court order that-- ``(i) was issued after a hearing of which the applicant received actual notice, and at which the applicant had an opportunity to participate; ``(ii) restrains the applicant from harassing, stalking, or threatening an intimate partner of the applicant or a child of such an intimate partner or the applicant, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child; and ``(iii)(I) includes a finding that the applicant represents a credible threat to the physical safety of such intimate partner or child; or ``(II) by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury. ``(2) A photograph and fingerprints of the applicant, which shall be obtained in such manner as the Secretary shall by regulation prescribe. ``(3) Such additional information regarding the applicant, including date and place of birth, gender, height, weight, eye and hair color, and present and previous residences, as the Secretary shall by regulation prescribe. ``(4) The notarized signature of the applicant, who shall swear or attest to the truth of all statements, information, and material provided in the application. ``(c) A firearms permit issued to a person under subsection (b) shall be invalid if it becomes unlawful for the person to receive a firearm in interstate or foreign commerce. ``(d) It shall be unlawful for a person to fail to return to the Secretary a firearms permit issued to the person under subsection (b) within 7 calendar days after the date the permit becomes invalid. ``Sec. 944. Disposition of unregistered firearms ``(a) Within 1 year after the effective date of this chapter, the owner of a firearm may dispose of the firearm at such place as the Secretary may designate, and upon such disposition, the Secretary shall pay the owner an amount equal to the fair market value of the firearm. ``(b) The Secretary shall provide for the destruction of any firearm acquired by the Secretary pursuant to this section, except any such firearm which the Secretary finds is needed in a criminal investigation or prosecution, or has unique historic or technological value. ``Sec. 945. Penalties ``(a) Whoever knowingly owns, possesses, transfers, or receives any firearm or ammunition in violation of this chapter shall be fined under this title, imprisoned not more than 10 years, or both. ``(b) Whoever knowingly obliterates, defaces, or otherwise alters the serial number identification of a firearm shall be fined under this title, imprisoned not more than 10 years, or both. ``(c) Whoever knowingly violates section 942(c) shall be fined under this title, imprisoned not more than 5 years, or both. ``(d) Whoever, with the intent to evade a requirement or obstruct the enforcement of this chapter, furnishes to a person a firearms permit which has not been issued to the person under section 943(b) shall be fined under this title, imprisoned not more than 10 years, or both. ``(e) Whoever knowingly violates section 943(d) shall be fined under this title, imprisoned not more than 10 years, or both. ``(f) Any firearm or ammunition involved in, or used or intended to be used in, a violation of this chapter shall be subject to seizure and forfeiture, and all provisions of the Internal Revenue Code of 1986 relating to the seizure, forfeiture, and disposition of firearms (as defined in section 5845(a) of such Code) shall, so far as applicable, extend to seizures and forfeitures under this subsection. ``Sec. 946. Administration ``(a) The Secretary shall establish and maintain records of the information submitted pursuant to this chapter. ``(b) The Secretary shall cooperate with the State and local law enforcement officers in making available to them, under appropriate safeguards, information gathered pursuant to this chapter, and shall undertake to establish reciprocal channels of information with the States to carry out this chapter. ``(c) The Secretary may prescribe such rules and regulations as the Secretary deems reasonably necessary to carry out this chapter. ``(d) To meet the expenses of carrying out this chapter, the Secretary may prescribe reasonable fees to be paid by any person who-- ``(1) registers a firearm or firearm transfer pursuant to section 942; or ``(2) applies for a permit under section 943. ``(e) Upon request of the Secretary, the head of a department or agency of the Federal Government shall assist the Secretary in the administration of this chapter, unless the President prohibits the provision of such assistance. ``Sec. 947. Effect on State law ``No provision of this chapter shall be construed as indicating an intent on the part of the Congress to occupy the field in which the provision operates to the exclusion of the law of any State or possession on the same subject matter, unless there is a direct and positive conflict between the provision and the law of the State or possession so that the 2 cannot be reconciled or consistently stand together.''. (b) Effective Date.--The amendment made by subsection (a) shall take effect 1 year after the date of the enactment of this Act.

Yates Firearm Registration and Crime Prevention Act of 1997 - Amends the Federal criminal code to make it unlawful for any person who: (1) owns a firearm in the United States to fail to register such firearm with the Secretary of the Treasury within one year after this Act; (2) manufactures a firearm in, or imports a firearm into, the United States to fail to register such firearm within seven days of such manufacture or importation; or (3) transfers, or to whom is transferred, a firearm in the United States to fail to register such firearm within seven days of such transfer. Makes it unlawful for any person who loses a firearm or discovers a firearm to have been stolen to fail to report such loss or theft to the Secretary within 48 hours. Makes it unlawful for a person to: (1) possess a firearm or ammunition in or affecting commerce unless the Secretary has issued to such person a valid firearms permit; or (2) transfer or receive such a firearm or ammunition unless the transferee or recipient has and displays to the transferor a valid permit. Provides permit application requirements. Authorizes an owner to dispose of a firearm at a place designated by the Secretary. Requires the Secretary to pay the fair market value of such firearm. Provides penalties for noncompliance with this Act.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``American Innovation Act''. SEC. 2. CAP ADJUSTMENT. (a) In General.--Section 251(b)(2) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901(b)(2)) is amended-- (1) by redesignating subparagraph (D) as subparagraph (E); and (2) by inserting after subparagraph (C), the following: ``(D) Basic science research.-- ``(i) National science foundation.--If a bill or joint resolution making appropriations for a fiscal year is enacted that specifies amounts for the National Science Foundation, then the adjustments for that fiscal year shall be the amount of additional new budget authority provided in that Act for such programs for that fiscal year, but shall not exceed-- ``(I) for fiscal year 2016, $397,000,000 in additional new budget authority; ``(II) for fiscal year 2017, $831,000,000 in additional new budget authority; ``(III) for fiscal year 2018, $1,275,000,000 in additional new budget authority; ``(IV) for fiscal year 2019, $1,765,000,000 in additional new budget authority; ``(V) for fiscal year 2020, $2,290,000,000 in additional new budget authority; and ``(VI) for fiscal year 2021, $2,867,000,000 in additional new budget authority. ``(ii) Department of energy office of science.--If a bill or joint resolution making appropriations for a fiscal year is enacted that specifies amounts for the Office of Science of the Department of Energy, then the adjustments for that fiscal year shall be the amount of additional new budget authority provided in that Act for such programs for that fiscal year, but shall not exceed-- ``(I) for fiscal year 2016, $275,000,000 in additional new budget authority; ``(II) for fiscal year 2017, $566,000,000 in additional new budget authority; ``(III) for fiscal year 2018, $867,000,000 in additional new budget authority; ``(IV) for fiscal year 2019, $1,198,000,000 in additional new budget authority; ``(V) for fiscal year 2020, $1,555,000,000 in additional new budget authority; and ``(VI) for fiscal year 2021, $1,946,000,000 in additional new budget authority. ``(iii) Department of defense science and technology programs.--If a bill or joint resolution making appropriations for a fiscal year is enacted that specifies amounts for the Department of Defense science and technology programs, then the adjustments for that fiscal year shall be the amount of additional new budget authority provided in that Act for such programs for that fiscal year, but shall not exceed-- ``(I) for fiscal year 2016, $636,000,000 in additional new budget authority; ``(II) for fiscal year 2017, $1,309,000,000 in additional new budget authority; ``(III) for fiscal year 2018, $2,007,000,000 in additional new budget authority; ``(IV) for fiscal year 2019, $2,773,000,000 in additional new budget authority; ``(V) for fiscal year 2020, $3,603,000,000 in additional new budget authority; and ``(VI) for fiscal year 2021, $4,512,000,000 in additional new budget authority. ``(iv) National institute of standards and technology scientific and technical research and services.--If a bill or joint resolution making appropriations for a fiscal year is enacted that specifies amounts for the Scientific and Technical Research and Services within the National Institute of Standards and Technology of the Department of Commerce, then the adjustments for that fiscal year shall be the amount of additional new budget authority provided in that Act for such programs for that fiscal year, but shall not exceed-- ``(I) for fiscal year 2016, $31,000,000 in additional new budget authority; ``(II) for fiscal year 2017, $62,000,000 in additional new budget authority; ``(III) for fiscal year 2018, $96,000,000 in additional new budget authority; ``(IV) for fiscal year 2019, $132,000,000 in additional new budget authority; ``(V) for fiscal year 2020, $173,000,000 in additional new budget authority; and ``(VI) for fiscal year 2021, $216,000,000 in additional new budget authority. ``(v) National aeronautics and space administration science directorate.--If a bill or joint resolution making appropriations for a fiscal year is enacted that specifies amounts for the Science Mission Directorate of the National Aeronautics and Space Administration, then the adjustments for that fiscal year shall be the amount of additional new budget authority provided in that Act for such program for that fiscal year, but shall not exceed-- ``(I) for fiscal year 2016, $267,000,000 in additional new budget authority; ``(II) for fiscal year 2017, $559,000,000 in additional new budget authority; ``(III) for fiscal year 2018, $876,000,000 in additional new budget authority; ``(IV) for fiscal year 2019, $1,222,000,000 in additional new budget authority; ``(V) for fiscal year 2020, $1,598,000,000 in additional new budget authority; and ``(VI) for fiscal year 2021, $2,006,000,000 in additional new budget authority. ``(vi) Definitions.--As used in this subparagraph: ``(I) Additional new budget authority.--The term `additional new budget authority' means-- ``(aa) with respect to the National Science Foundation, the amount provided for a fiscal year, in excess of the amount provided in fiscal year 2015, in an appropriation Act and specified to support the National Science Foundation; ``(bb) with respect to the Department of Energy Office of Science, the amount provided for a fiscal year, in excess of the amount provided in fiscal year 2015, in an appropriation Act and specified to support the Department of Energy Office of Science; ``(cc) with respect to the Department of Defense Science and Technology Programs, the amount provided for a fiscal year, in excess of the amount provided in fiscal year 2015, in an appropriation Act and specified to support the Department of Defense Science and Technology Programs; ``(dd) with respect to the National Institute of Standards and Technology Scientific and Technical Research Services, the amount provided for a fiscal year, in excess of the amount provided in fiscal year 2015, in an appropriation Act and specified to support the National Institute of Standards and Technology Scientific and Technical Research Services; and ``(ee) with respect to the National Aeronautics and Space Administration Science Directorate, the amount provided for a fiscal year, in excess of the amount provided in fiscal year 2015, in an appropriation Act and specified to support the National Aeronautics and Space Administration Science Directorate. ``(II) National science foundation.--The term `National Science Foundation' means the appropriations accounts that support the various institutes, offices, and centers that make up the National Science Foundation. ``(III) Department of energy office of science.--The term `Department of Energy Office of Science' means the appropriations accounts that support the various institutes, offices, and centers that make up the Department of Energy Office of Science. ``(IV) Department of defense science and technology programs.--The term `Department of Defense Science and Technology programs' means the appropriations accounts that support the various institutes, offices, and centers that make up the Department of Defense Science and Technology programs. ``(V) National institute of standards and technology scientific and technical research and services.--The term `National Institute of Standards and Technology Scientific and Technical Research and Services' means the appropriations accounts that support the various institutes, offices, and centers that make up the National Institute of Standards and Technology Scientific and Technical Research and Services. ``(VI) National aeronautics and space administration science directorate.--The term `National Aeronautics and Space Administration Science Directorate' means the appropriations accounts that support the various institutes, offices, and centers that make up the National Aeronautics and Space Administration Science Directorate.''. (b) Funding.--There are hereby authorized to be appropriated-- (1) for the National Science Foundation, the amounts provided for under clause (i) of such section 251(b)(2)(D) in each of fiscal years 2016 through 2021, and such sums as may be necessary for each subsequent fiscal year; (2) for the Department of Energy Office of Sciences, the amounts provided for under clause (ii) of such section 251(b)(2)(D) in each of fiscal years 2016 through 2021, and such sums as may be necessary for each subsequent fiscal year; (3) for the Department of Defense Science and Technology programs, the amounts provided for under clause (iii) of such section 251(b)(2)(D) in each of fiscal years 2016 through 2021, and such sums as may be necessary for each subsequent fiscal year; (4) for the National Institute of Standards and Technology Scientific and Technical Research and Services, the amounts provided for under clause (iv) of such section 251(b)(2)(D) in each of fiscal years 2016 through 2021, and such sums as may be necessary for each subsequent fiscal year; and (5) for the National Aeronautics and Space Administration Science Directorate, the amounts provided for under clause (iv) of such section 251(b)(2)(D) in each of fiscal years 2016 through 2021, and such sums as may be necessary for each subsequent fiscal year. (c) Minimum Continued Funding Requirement.--Amounts appropriated for each of the programs and agencies described in section 251(b)(2)(D) of the Balanced Budget and Emergency Deficit Control Act of 1985 (as added by subsection (a)) for each of fiscal years 2016 through 2021, and each subsequent fiscal year, shall not be less than the amounts appropriated for such programs and agencies for fiscal year 2015. (d) Exemption of Certain Appropriations From Sequestration.-- (1) In general.--Section 255(g)(1)(A) of the Balanced Budget and Emergency Deficit Control Act (2 U.S.C. 905(g)(1)(A)) is amended by inserting after ``Advances to the Unemployment Trust Fund and Other Funds (16-0327-0-1-600).'' the following: ``Appropriations under the American Innovation Act.''. (2) Applicability.--The amendment made by this section shall apply to any sequestration order issued under the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 900 et seq.) on or after the date of enactment of this Act.

American Innovation Act This bill amends the Balanced Budget and Emergency Deficit Control Act of 1985 to require certain adjustments to discretionary spending limits in FY2016-FY2021 to accommodate increases in appropriations for agencies that perform basic science research. Adjustments are required for the National Science Foundation, the Department of Energy Office of Science, Department of Defense science and technology programs, National Institute of Standards and Technology Scientific and Technical Research and Services, and the National Aeronautics and Space Administration (NASA) Science Mission Directorate. The bill also requires annual appropriations for each of the programs and agencies referenced in this bill to be at least the amount appropriated in FY2015. The bill exempts appropriations provided pursuant to this bill from sequestration. Sequestration is a process of automatic, usually across-the-board spending reductions under which budgetary resources are permanently cancelled to enforce specific budget policy goals.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Fixing Internal Response to Misconduct Act'' or the ``DHS FIRM Act''. SEC. 2. DHS POLICY ON DISCIPLINE AND ADVERSE ACTIONS. (a) In General.--Section 704 of the Homeland Security Act of 2002 (6 U.S.C. 344) is amended-- (1) in subsection (b)-- (A) in paragraph (9), by striking ``and'' at the end; (B) in paragraph (10), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following new paragraph: ``(11) implement a Department-wide policy related to discipline and adverse actions described in subsection (e).''; (2) by redesignating subsection (e) as subsection (f); and (3) by inserting after subsection (d) the following new subsection: ``(e) Policy on Discipline and Adverse Actions.-- ``(1) In general.--Not later than 90 days after the date of the enactment of this subsection, the Chief Human Capital Officer, in accordance with any established Department-wide policy that deals with discipline and adverse actions, shall provide-- ``(A) guidance to the senior human resources official overseeing discipline and adverse actions for headquarters personnel and non-component entities, as identified by the Chief Human Capital Officer, and relevant component heads regarding informing the public about how to report employee misconduct; ``(B) guidance on how Department employees should report employee misconduct; ``(C) guidance on the type, quantity, and frequency of data regarding discipline and adverse actions to be submitted to the Chief Human Capital Officer by the senior human resources official overseeing discipline and adverse actions for headquarters personnel and non- component entities, as identified by the Chief Human Capital Officer and component heads for the purposes of paragraph (3)(C); ``(D) guidance on how to implement any such Department-wide policy in a manner that promotes greater uniformity and transparency in the administration of such policy across the Department; and ``(E) guidance and appropriate training on prohibited personnel practices, employee rights, and procedures and processes related to such. ``(2) Table of offenses and penalties.-- ``(A) Pre-existing tables.--If a table of offenses and penalties exists for a component of the Department as of the date of the enactment of this subsection, the Chief Human Capital Officer shall review and, if appropriate, approve such table and any changes to such table made after such date of enactment. In cases in which such tables do not comply with Department policy, the Chief Human Capital Officer shall instruct component heads on corrective measures to be taken in order to achieve such compliance. ``(B) New component tables.--If a table of offenses and penalties does not exist for a component of the Department as of the date of enactment of this subsection, a component head may, in coordination with the Chief Human Capital Officer, develop a table of offenses and penalties to be used by such component. The Chief Human Capital Officer shall review and, if appropriate, approve such table and any changes to such table made after such date of enactment. In cases in which such tables or changes do not comply with Department policy, the Chief Human Capital Officer shall instruct the component head on corrective measures to be taken in order to achieve such compliance. ``(3) Component responsibilities.--Component heads shall comply with Department-wide policy (including guidance relating to such) regarding discipline and adverse actions for the Department's workforce, including-- ``(A) providing any current table of offenses and penalties or future changes to a component's table to the Chief Human Capital Officer for review in accordance with paragraph (2)(A); ``(B) providing any new table of offenses and penalties or future changes to a component's table to the Chief Human Capital Officer for review in accordance with paragraph (2)(B); and ``(C) providing to the Chief Human Capital Officer any data regarding discipline and adverse actions in accordance with paragraph (1)(C). ``(4) Oversight.-- ``(A) In general.--Not later than 180 days after the date of the enactment of this subsection, the Chief Human Capital Officer shall implement a process to oversee component compliance with any established Department-wide policy regarding discipline and adverse actions referred to in paragraph (1), including-- ``(i) the degree to which components are complying with such policy; and ``(ii) at a minimum, each fiscal year, a review of component adjudication of misconduct data to-- ``(I) ensure consistent adherence to such policy and any Department-wide table of offenses and penalties or any component-specific table of offenses and penalties approved by the Chief Human Capital Officer pursuant to paragraph (2); and ``(II) determine whether employee training regarding such misconduct policy or adjustment in such misconduct policy is appropriate. ``(B) Working groups.-- ``(i) In general.--The Chief Human Capital Officer may establish working groups, as necessary, to address employee misconduct within the Department. If the Chief Human Capital Officer establishes such a working group, the Chief Human Capital Officer shall specify a timeframe for the completion of such group's work. ``(ii) Function.--A working group established pursuant to clause (i) shall seek to identify any trends in misconduct referred to in such subparagraph, review component processes for addressing misconduct, and, where appropriate, develop possible alternate strategies to address such misconduct. ``(iii) Participation.--If a working group is established pursuant to clause (i), the relevant component head shall participate in such working group and shall consider implementing, as appropriate, any recommendations issued by such working group. ``(iv) Follow-up reviews.--The Chief Human Capital Officer shall conduct annual, or on a more frequent basis as determined by the Chief Human Capital Officer, follow-up reviews of components regarding implementation of working group recommendations. In consultation with the Chief Human Capital Officer, the Secretary may request the Inspector General of the Department to investigate any concerns identified through the oversight process under this subsection that components have not addressed.''. (b) Review.--Not later than 60 days after the development of the oversight process required under subsection (e) of section 704 of the Homeland Security Act of 2002 (6 U.S.C. 344) (as added by subsection (a) of this section), the Chief Human Capital Officer of the Department of Homeland Security shall provide to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate information on such oversight process, including component compliance with any policy regarding discipline and adverse actions, data collection efforts, and information on the development of any working groups under such subsection (e). (c) Prohibition on New Funding.--No additional funds are authorized to carry out the requirements of this Act and the amendments made by this Act. Such requirements shall be carried out using amounts otherwise authorized. Passed the House of Representatives June 21, 2017. Attest: KAREN L. HAAS, Clerk.

Fixing Internal Response to Misconduct Act or the DHS FIRM Act (Sec. 2) This bill amends the Homeland Security Act of 2002 to direct the Chief Human Capital Officer of the Department of Homeland Security (DHS) to implement a DHS-wide policy related to discipline and adverse actions, which shall provide guidance: to the senior human resources official overseeing discipline and adverse actions for headquarters personnel and non-component entities and relevant component heads regarding informing the public about how to report employee misconduct; on how DHS employees should report employee misconduct; on the type, quantity, and frequency of data regarding discipline and adverse actions to be submitted by such official to such officer; on how to implement any such policy in a manner that promotes greater uniformity and transparency in the administration of such policy across DHS; and on prohibited personnel practices, employee rights, and related procedures and processes. Such officer shall review and approve any necessary development of or changes to tables of offenses and penalties for DHS components to comply with DHS policy. Component heads shall comply with DHS-wide policy regarding discipline and adverse actions for DHS's workforce, and such officer shall implement a process to oversee such compliance. Such officer: (1) may establish working groups to address employee misconduct within DHS, (2) shall conduct follow-up reviews of components regarding implementation of working group recommendations, and (3) may request the DHS Inspector General to investigate any concerns identified through the oversight process that components have not addressed. A working group shall seek to identify any trends in misconduct, review component processes for addressing misconduct, and develop possible alternate strategies to address such misconduct.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``College Tuition Assistance Act of 2002''. SEC. 2. INCREASE IN DEDUCTION FOR QUALIFIED TUITION AND RELATED EXPENSES. (a) In General.--Paragraph (2) of section 222(b) of the Internal Revenue Code of 1986 (relating to applicable dollar limit) is amended to read as follows: ``(2) Applicable dollar limit.--The applicable dollar amount for any taxable year shall be determined as follows: Applicable ``Taxable year: dollar limit: 2002.......................................... $5,000 2003 and thereafter........................... $10,000.''. (b) Phaseout based on adjusted gross income.--Subsection (b) of section 222 of such Code (relating to dollar limitations) is amended by adding at the end the following new paragraphs: ``(3) Limitation based on adjusted gross income.-- ``(A) In general.--The amount which would (but for this paragraph) be allowable as a deduction under this section shall be reduced (but not below zero) by the amount determined under subparagraph (B). ``(B) Amount of reduction.--The amount determined under this subparagraph is the amount which bears the same ratio to the amount which would be so allowable as-- ``(i) the excess of-- ``(I) the taxpayer's adjusted gross income for such taxable year, over ``(II) $65,000 ($130,000 in the case of a joint return), bears to ``(ii) $10,000 ($20,000 in the case of a joint return). ``(4) Adjusted gross income.--For purposes of this subsection, adjusted gross income shall be determined-- ``(A) without regard to this section and sections 911, 931, and 933, and ``(B) after application of sections 86, 135, 137, 219, 221, and 469. ``(5) Adjustments for inflation.-- ``(A) In general.--In the case of a taxable year beginning after 2002, the $65,000 and $130,000 amounts in paragraph (3)(B)(i)(II) shall be increased by an amount equal to-- ``(i) such dollar amount, multiplied by ``(ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `calendar year 2001' for `calendar year 1992' in subparagraph (B) thereof. ``(B) Rounding.--If any amount as adjusted under subparagraph (A) is not a multiple of $1,000, such amount shall be rounded to the next lowest multiple of $1,000.''. (c) Effective Date.--The amendments made by this section shall apply to payments made in taxable years beginning after December 31, 2001. SEC. 3. EXPANSION OF LIFETIME LEARNING CREDIT. (a) In General.--Section 25A(c)(1) of the Internal Revenue Code of 1986 (relating to lifetime learning credit) is amended by striking ``20 percent'' and inserting ``28 percent''. (b) Increase in AGI Limits.-- (1) In general.--Subsection (d) of section 25A of such Code (relating to limitation based on modified adjusted gross income) is amended to read as follows: ``(d) Limitation Based on Modified Adjusted Gross Income.-- ``(1) Hope credit.-- ``(A) In general.--The amount which would (but for this subsection) be taken into account under subsection (a)(1) shall be reduced (but not below zero) by the amount determined under subparagraph (B). ``(B) Amount of reduction.--The amount determined under this subparagraph equals the amount which bears the same ratio to the amount which would be so taken into account as-- ``(i) the excess of-- ``(I) the taxpayer's modified adjusted gross income for such taxable year, over ``(II) $40,000 ($80,000 in the case of a joint return), bears to ``(ii) $10,000 ($20,000 in the case of a joint return). ``(2) Lifetime learning credit.-- ``(A) In general.--The amount which would (but for this subsection) be taken into account under subsection (a)(2) shall be reduced (but not below zero) by the amount determined under subparagraph (B). ``(B) Amount of reduction.--The amount determined under this subparagraph equals the amount which bears the same ratio to the amount which would be so taken into account as-- ``(i) the excess of-- ``(I) the taxpayer's modified adjusted gross income for such taxable year, over ``(II) $50,000 ($100,000 in the case of a joint return), bears to ``(ii) $10,000 ($20,000 in the case of a joint return). ``(3) Modified adjusted gross income.--For purposes of this subsection, the term `modified adjusted gross income' means the adjusted gross income of the taxpayer for the taxable year increased by any amount excluded from gross income under section 911, 931, or 933.''. (2) Conforming amendments.-- (A) Section 25A(h)(2)(A) of such Code is amended by striking ``subsection (d)(2)'' and inserting ``subsection (d)(1)(B) and the $50,000 and $100,000 amounts in subsection (d)(2)(B)''. (B) Section 25A(h)(2)(A)(ii) of such Code is amended by striking ``determined by substituting'' and all that follows and inserting the following: ``determined-- ``(I) in the case of the $40,000 and $80,000 amounts in subsection (d)(1)(B)(i)(II), by substituting `calendar year 2000' for `calendar year 1992' in subparagraph (B) thereof, and ``(II) in the case of the $50,000 and $100,000 amounts in subsection (d)(2)(B)(i)(II), by substituting `calendar year 2001' for `calendar year 1992' in subparagraph (B) thereof.''. (c) Use of Certain Needs-Based Aid for Qualified Expenses.--Section 25A(g)(2)(C) of the Internal Revenue Code of 1986 (relating to adjustment for certain scholarships , etc.) is amended by inserting ``or needs-based aid received under part A of title IV of the Higher Education Act of 1965'' after ``section 102(a)''. (d) Effective Date.--The amendments made by this section shall apply to expenses paid after December 31, 2001 (in taxable years ending after such date), for education furnished in academic periods beginning after such date. SEC. 4. EXPANSION OF STUDENT LOAN INTEREST DEDUCTION ALLOWED ON A PER STUDENT BASIS. (a) In General.--Section 221(b)(1) of the Internal Revenue Code of 1986 (relating to maximum deduction) is amended by inserting ``with respect to qualified education loans of each eligible student'' after ``paragraph (2),''. (b) Effective Date.--The amendment made by this section shall apply with respect to any loan interest paid after December 31, 2001, in taxable years ending after such date. SEC. 5. EXTENSION AND INCREASE OF PELL GRANT MAXIMUM AMOUNTS. Section 401(b)(2)(A) of the Higher Education Act of 1965 (20 U.S.C. 1070a(b)(2)(A)) is amended by striking clauses (i) through (v) and inserting the following: ``(i) $6,500 for academic year 2003-2004; and ``(ii) $7,000 for academic year 2004-2005,''.

College Tuition Assistance Act of 2002 - Amends the Internal Revenue Code to increase the applicable dollar amount for the qualified tuition and related expenses deduction from $3,000 (for 2002 and 2003) and $4,000 (for 2004 and 2005) to $10,000.Increases the Lifetime Learning Credit percentage from 20 to 28 percent.Permits the student loan interest deduction on a per student basis.Amends the Higher Education Act of 1965 to extend and increase Pell grant maximum amounts ($6,500 for academic year 2003-2004 and $7,000 for academic year 2004-2005).

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Perkins Loan Program Extension Act of 2015''. SEC. 2. EXTENSION OF FEDERAL PERKINS LOAN PROGRAM. (a) Authority to Make Loans.-- (1) In general.--Section 461 of the Higher Education Act of 1965 (20 U.S.C. 1087aa) is amended-- (A) in subsection (a), by striking ``of stimulating and assisting in the establishment and maintenance of funds at institutions of higher education for the making of low-interest loans to students in need thereof'' and inserting ``assisting in the maintenance of funds at institutions of higher education for the making of loans to undergraduate students in need''; (B) by striking subsection (b) and inserting the following: ``(b) Authority to Make Loans.-- ``(1) In general.-- ``(A) Loans for new undergraduate federal perkins loan borrowers.--Through September 30, 2017, an institution of higher education may make a loan under this part to an eligible undergraduate student who, on the date of disbursement of a loan made under this part, has no outstanding balance of principal or interest on a loan made under this part from the student loan fund established under this part by the institution, but only if the institution has awarded all Federal Direct Loans, as referenced under subparagraphs (A) and (D) of section 455(a)(2), for which such undergraduate student is eligible. ``(B) Loans for current undergraduate federal perkins loan borrowers.--Through September 30, 2017, an institution of higher education may make a loan under this part to an eligible undergraduate student who, on the date of disbursement of a loan made under this part, has an outstanding balance of principal or interest on a loan made under this part from the student loan fund established under this part by the institution, but only if the institution has awarded all Federal Direct Stafford Loans as referenced under section 455(a)(2)(A) for which such undergraduate student is eligible. ``(C) Loans for certain graduate borrowers.--Through September 30, 2016, with respect to an eligible graduate student who has received a loan made under this part prior to October 1, 2015, an institution of higher education that has most recently made such a loan to the student for an academic program at such institution may continue making loans under this part from the student loan fund established under this part by the institution to enable the student to continue or complete such academic program. ``(2) No additional loans.--An institution of higher education shall not make loans under this part after September 30, 2017. ``(3) Prohibition on additional appropriations.--No funds are authorized to be appropriated under this Act or any other Act to carry out the functions described in paragraph (1) for any fiscal year following fiscal year 2015.''; and (C) by striking subsection (c). (2) Rule of construction.--Notwithstanding the amendments made under paragraph (1) of this subsection, an eligible graduate borrower who received a disbursement of a loan under part E of title IV of the Higher Education Act of 1965 (20 U.S.C. 1087aa et seq.) after June 30, 2016 and before October 1, 2016, for the 2016- 2017 award year, may receive a subsequent disbursement of such loan by June 30, 2017, for which the borrower received an initial disbursement after June 30, 2016 and before October 1, 2016. (b) Distribution of Assets From Student Loan Funds.--Section 466 of the Higher Education Act of 1965 (20 U.S.C. 1087ff) is amended-- (1) in subsection (a)-- (A) in the matter preceding paragraph (1), by striking ``After September 30, 2003, and not later than March 31, 2004'' and inserting ``Beginning October 1, 2017''; and (B) in paragraph (1), by striking ``September 30, 2003'' and inserting ``September 30, 2017''; (2) in subsection (b)-- (A) by striking ``After October 1, 2012'' and inserting ``Beginning October 1, 2017''; and (B) by striking ``September 30, 2003'' and inserting ``September 30, 2017''; and (3) in subsection (c)(1), by striking ``October 1, 2004'' and inserting ``October 1, 2017''. (c) Additional Extensions Not Permitted.--Section 422 of the General Education Provisions Act (20 U.S.C. 1226a) shall not apply to further extend the duration of the authority under paragraph (1) of section 461(b) of the Higher Education Act of 1965 (20 U.S.C. 1087aa(b)), as amended by subsection (a)(1) of this section, beyond September 30, 2017, on the basis of the extension under such subsection. SEC. 3. DISCLOSURE REQUIRED PRIOR TO DISBURSEMENT. Section 463A(a) of the Higher Education Act of 1965 (20 U.S.C. 1087cc-1(a)) is amended-- (1) in paragraph (12), by striking ``and'' after the semicolon; (2) in paragraph (13), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following: ``(14) a notice and explanation regarding the end to future availability of loans made under this part; ``(15) a notice and explanation that repayment and forgiveness benefits available to borrowers of loans made under part D are not available to borrowers participating in the loan program under this part; ``(16) a notice and explanation regarding a borrower's option to consolidate a loan made under this part into a Federal Direct Loan under part D, including any benefit of such consolidation; ``(17) with respect to new undergraduate Federal Perkins loan borrowers, as described in section 461(b)(1)(A), a notice and explanation providing a comparison of the interest rates of loans under this part and part D and informing the borrower that the borrower has reached the maximum annual borrowing limit for which the borrower is eligible as referenced under subparagraphs (A) and (D) of section 455(a)(2); and ``(18) with respect to current undergraduate Federal Perkins loan borrowers, as described in section 461(b)(1)(B), a notice and explanation providing a comparison of the interest rates of loans under this part and part D and informing the borrower that the borrower has reached the maximum annual borrowing limit for which the borrower is eligible on Federal Direct Stafford Loans as referenced under section 455(a)(2)(A).''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

(This measure has not been amended since it was passed by the Senate on December 16, 2015. Federal Perkins Loan Program Extension Act of 2015 (Sec. 2) This bill amends title IV (Student Assistance) of the Higher Education Act of 1965 to extend the authority of institutions of higher education (IHEs) to disburse Federal Perkins Loans to new undergraduate borrowers through September 30, 2017. A student must first exhaust Federal Direct Subsidized and Unsubsidized Stafford Loan eligibility. IHEs may continue to disburse Perkins Loans to current undergraduate borrowers through September 30, 2017. A student must first exhaust all Federal Direct Subsidized Stafford Loan eligibility. IHEs may continue to disburse Perkins Loans to certain graduate borrowers through September 30, 2016, to enable students to continue or complete an academic program. A student must have received a Perkins loan prior to October 1, 2015. The bill prohibits Perkins Loan disbursement beyond September 30, 2017. It also prohibits authorization of additional appropriations for the Federal Perkins Loan program beyond September 30, 2016. Beginning October 1, 2017, each participating IHE must pay to the Department of Education: (1) a portion of the federal share of the balance of its Perkins Loan funds; (2) a portion of the Perkins student loan payments, including principal and interest, received by the institution; and (3) a capital distribution from its Perkins Loan fund. (Sec. 3) The bill also expands disclosure requirements for IHEs that participate in the Federal Perkins Loan program. Specifically, prior to Perkins Loan disbursement, an IHE must provide notice and explanation to all borrowers regarding unavailability of future Perkins loans, limited Perkins loan repayment and forgiveness options, and Direct Loan consolidation options. Also, an IHE must provide notice and explanation to new and current undergraduate borrowers regarding a comparison of Perkins and Direct loan interest rates. 

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Multiemployer Retirees Medical Equity Benefits Act of 1993''. SEC. 2. USE OF MULTIEMPLOYER PLAN CONTRIBUTIONS AND ASSETS FOR RETIREE HEALTH BENEFITS. (a) General Rule.--Section 401 of the Internal Revenue Code of 1986 is amended by redesignating subsection (o) as subsection (p) and by inserting after subsection (n) the following new subsection: ``(o) Use of Multiemployer Plan Contributions for Retiree Health Benefits.-- ``(1) In general.--Amounts contributed to a multiemployer pension plan shall be treated for all purposes of this title as if they had been contributed directly by the contributing employers, pursuant to the designation of such employers, to a related retiree medical benefits plan if-- ``(A) the trustees of the multiemployer pension plan elect to transfer such amounts to such related retiree medical benefit plan; ``(B) such transfer is effected within 1 year after the close of the transfer year; ``(C) the amount transferred does not exceed the permissible amount; and ``(D) the amounts transferred in accordance with this subsection are used exclusively to provide health benefits for individuals (and their beneficiaries) who have begun receiving benefits under the related pension plan. ``(2) Definitions.--For the purpose of this subsection-- ``(A) Permissible amount.--The term `permissible amount' means the excess of the amount of contributions made to the pension plan for the transfer year, over the amount of contributions required to avoid a funding deficiency for the transfer year under section 412. ``(B) Retiree medical benefit plan.--The term `retiree medical benefit plan' means either-- ``(i) a trust described in section 501(c)(9) at least a portion of the benefits of which are provided with respect to retired participants, or ``(ii) a section 401(h) account. ``(C) Related.--A retiree medical benefit plan is related to a pension plan if at least 75 percent of those it covers are persons who have begun receiving benefits under the pension plan or are beneficiaries of such persons. ``(D) Multiemployer plan.--The term `multiemployer plan' has the meaning given such term by section 414(f). ``(E) Transfer year.--The term `transfer year' means the plan year for which the transferred contributions were made to the multiemployer pension plan.'' (b) Modifications to Section 420.-- (1) Section 420(a) of such Code is amended to read as follows: ``(a) General Rule.--If there is a qualified transfer of any excess pension assets of a defined benefit plan to a health benefits account which is part of such plan-- ``(1) a trust which is part of such plan shall not be treated as failing to meet the requirements of subsection (a) or (h) of section 401 solely by reason of such transfer or any other action authorized under this section; ``(2) no amount shall be includible in the gross income of an employer maintaining the plan solely by reason of such transfer; ``(3) such transfer shall not be treated-- ``(A) as an employer reversion for purposes of section 4980, or ``(B) as a prohibited transaction for purposes of section 4975 or section 406 of the Employee Retirement Income Security Act, and ``(4) the limitations of subsection (d) shall apply to an employer maintaining the plan.'' (2) Section 420(b)(3) of such Code is amended to read as follows: ``(3) Limitation on amount transferred.--The amount of excess pension assets which may be transferred in a qualified transfer shall not exceed the amount which is reasonably estimated to be required to be paid (whether directly or through reimbursement) during the taxable year of the transfer for qualified current retiree health liabilities.'' (3) Section 420(c)(1)(B)(ii)(II) of such Code is amended to read as follows: ``(II) shall be treated as an employer reversion for purposes of section 4980 (without regard to subsection (d) thereof) to the extent the original transfer satisfied obligations of an employer to provide retiree health benefits (whether directly or through an employer welfare benefit plan sponsored by the employer).'' (4) Section 420(c)(3) of such Code is amended by adding at the end thereof the following new subparagraph: ``(E) Special rule for plans maintained by more than 1 employer.--For the purposes of this section, in the case of a plan maintained by more than 1 employer (as defined in section 414(b) or (c)), the term `employer' shall include an employee welfare benefit plan providing retiree medical benefits and employers not subject to income tax for purposes of subsections (c)(3) and (e)(1)(A). For purposes of subsections (b)(3), (b)(5), (c)(3), (d)(1), and (e)(1), the term `taxable year' shall also include the plan year of an employee welfare benefit plan providing medical benefits and, subject to regulations of the Secretary based upon section 413(b), (c), and 404, the taxable year of any employer contribution to such a plan.'' (5) Section 420(d)(2) of such Code is amended to read as follows: ``(2) No contributions allowed.--An employer may not contribute after December 31, 1991, any amount to a health benefits account with respect to qualified retiree health liabilities for which transferred assets are required to be used under subsection (c)(1). An employer may not contribute after December 31, 1990, to any welfare benefit plan (as defined in section 419(e)(1)) with respect to qualified current retiree health liabilities for which transferred assets are required to be used under subsection (c)(1). For purposes of this section, a contribution to a welfare benefit plan (as defined in section 419(e)(1) which is not allocated to specific benefits shall be allocated to current benefits for employees who have not retired, to reserves to the extent allowed under section 419, and then to qualified retiree health liabilities.'' (6) Section 420(e)(1)(A) of such Code is amended to read as follows: ``(A) In general.--The term `qualified current retiree health liabilities' means, with respect to any taxable year, the aggregate amounts (including administrative expenses) which would have been allowable as a deduction to the employer (whether or not subject to income tax) for such taxable year with respect to applicable health benefits provided during the taxable year if-- ``(i) such benefits were provided directly by the employer, and ``(ii) the employer used the cash receipts and disbursements method of accounting.'' (c) Amendment to ERISA.--Section 403 of the Employee Retirement Income Security Act of 1974 is amended by adding at the end thereof the following new subsection: ``(d) Use of Multiemployer Plan Contributions for Retirees Health Benefits.-- ``(1) In general.--Amounts contributed to a multiemployer pension plan shall be treated for all purposes as if they had been contributed directly by the contributing employers, pursuant to the designation of such employers, to a related retiree medical benefit plan if-- ``(A) the trustees of the multiemployer pension plan elect to transfer such amounts to such related retiree medical benefit plan; ``(B) such transfer is effected within 1 year after the close of the transfer year; ``(C) the amount transferred does not exceed the permissible amount; and ``(D) amounts transferred in accordance with this section are used exclusively to provide health benefits for individuals (and their beneficiaries) who have begun receiving benefits under the related pension plan. ``(2) Definitions.--For the purposes of this subsection-- ``(A) Permissible amount.--The term `permissible amount' means the excess of the amount of contributions made to the pension plan for the transfer year over the amount of contributions required to avoid a funding deficiency for the transfer year under section 412 of the Internal Revenue Code of 1986. ``(B) Retiree medical benefit plan.--The term `retiree medical benefit plan' means either-- ``(i) a trust described in section 501(c)(9) of such Code at least a portion of the benefits of which are provided with respect to retired participants, or ``(ii) an Internal Revenue Code section 401(h) account. ``(C) Related.--A retiree medical benefit plan is related to a pension plan if at least 75 percent of those it covers are persons who have begun receiving benefits under the pension plan or are beneficiaries of such persons. ``(D) Multiemployer.--The term `multiemployer plan' has the meaning given such term by section 3(37). ``(E) Transfer year.--The term `transfer year' means the plan year for which the transferred contributions were made to the multiemployer pension plan.'' (d) Effective Date.--The amendments made by this section shall apply to taxable years beginnning after December 31, 1992.

Multiemployer Retirees Medical Equity Benefits Act of 1993 - Amends the Internal Revenue Code and the Employee Retirement Income Security Act of 1974 to provide for the use of multiemployer plan contributions for retiree health benefits.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans Success on Campus Act of 2016''. SEC. 2. DEPARTMENT OF VETERANS AFFAIRS PROVISION OF ON-CAMPUS EDUCATIONAL AND VOCATIONAL COUNSELING FOR VETERANS. (a) In General.--Chapter 36 of title 38, United States Code, is amended by inserting after section 3697A the following new section: ``Sec. 3697B. On-campus educational and vocational counseling ``(a) In General.--The Secretary shall provide educational and vocational counseling services for veterans at locations on the campuses of institutions of higher learning selected by the Secretary. Such counseling services shall be provided by employees of the Department who provide such services under section 3697A of this title. ``(b) Selection of Locations.--(1) To be selected by the Secretary under this section, an institution of higher learning shall provide an appropriate space on the campus of the institution where counseling services can be provided under this section. ``(2) In selecting locations for the provision of counseling services under this section, the Secretary shall seek to select locations where the maximum number of veterans would have access to such services. ``(c) Annual Report.--Not later than 180 days after the date of the enactment of this section, and each year thereafter, the Secretary shall submit to Congress a report on the counseling services provided under this section. Such report shall include, for the year covered by the report-- ``(1) the average ratio of counselors providing such services to veterans who received such services at each location where such services were provided; ``(2) a description of such services provided; ``(3) the recommendations of the Secretary for improving the provision of such services; and ``(4) any other matters the Secretary determines appropriate.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 3697A the following new item: ``3697B. On-campus educational and vocational counseling.''. SEC. 3. CHARGE TO ENTITLEMENT FOR CERTAIN LICENSURE AND CERTIFICATION TESTS AND NATIONAL TESTS UNDER DEPARTMENT OF VETERANS AFFAIRS POST-9/11 EDUCATIONAL ASSISTANCE PROGRAM. (a) Licensure and Certification Tests.--Section 3315(c) of title 38, United States Code, is amended by striking ``shall be determined'' and all that follows and inserting ``shall be pro-rated based on the actual amount of the fee charged for the test.''. (b) National Tests.--Section 3315A of such title is amended-- (1) in subsection (a), by adding at the end the following new paragraph: ``(3) A national test that evaluates prior learning and knowledge and provides an opportunity for course credit at an institution of higher learning as so described.''; and (2) in subsection (c), by striking ``shall be determined'' and all that follows and inserting ``shall be pro-rated based on the actual amount of the fee charged for the test.''. (c) Effective Date.--The amendments made by this Act shall apply to a test taken after the date that is 90 days after the date of the enactment of this Act. SEC. 4. MODIFICATION OF PERCENTAGE INCREASE IN RATES PAYABLE UNDER DEPARTMENT OF VETERANS AFFAIRS EDUCATIONAL ASSISTANCE PROGRAMS. (a) All-Volunteer Force.--Section 3015(h)(2) of title 38, United States Code, is amended-- (1) by striking ``fiscal year 2014'' and inserting ``fiscal year 2025''; and (2) by striking ``fiscal year 2013'' and inserting ``fiscal year 2024''. (b) Survivors and Dependents.--Section 3564(b) of such title is amended-- (1) by striking ``fiscal year 2014'' and inserting ``fiscal year 2025''; and (2) by striking ``fiscal year 2013'' and inserting ``fiscal year 2024''. SEC. 5. EXTENSION OF AUTHORITY FOR VETERANS' ADVISORY COMMITTEE ON EDUCATION. Section 3692(c) of such title is amended by striking ``December 31, 2016'' and inserting ``December 31, 2021''. SEC. 6. TRAINING FOR SCHOOL CERTIFYING OFFICIALS. (a) Training Requirement.--The Secretary of Veterans Affairs shall, in consultation with the State approving agencies, set forth requirements relating to training for school certifying officials employed by covered educational institutions offering courses of education approved under chapter 36 of title 38, United States Code. If a covered educational institution does not ensure that a school certifying official employed by the educational institution meets such requirements, the Secretary may disapprove any course of education offered by such educational institution. (b) Definitions.--In this section: (1) The term ``covered educational institution'' means an educational institution that has enrolled 20 or more individuals using educational assistance under title 38, United States Code. (2) The term ``school certifying official'' means an employee of an educational institution with primary responsibility for certifying veteran enrollment at the educational institution. (3) The term ``State approving agency'' means a department or agency of a State designated under section 3671 of title 38, United States Code. SEC. 7. LIMITATION ON USE OF REPORTING FEES PAYABLE TO EDUCATIONAL INSTITUTIONS AND JOINT APPRENTICESHIP TRAINING COMMITTEES. Section 3684(c) of title 38, United States Code, is amended to read as follows: ``(c)(1) The Secretary may pay to any educational institution, or to the sponsor of a program of apprenticeship, furnishing education or training under either this chapter or chapter 31, 34, or 35 of this title, a reporting fee which will be in lieu of any other compensation or reimbursement for reports or certifications which such educational institution or joint apprenticeship training committee is required to submit to the Secretary by law or regulation. ``(2) Such reporting fee shall be computed for each calendar year by multiplying $12 by the number of eligible veterans or eligible persons enrolled under this chapter or chapter 31, 34, or 35 of this title, or $15 in the case of those eligible veterans and eligible persons whose educational assistance checks are directed in care of each institution for temporary custody and delivery and are delivered at the time of registration as provided under section 3680(d)(4) of this title, during the calendar year. The reporting fee shall be paid to such educational institution or joint apprenticeship training committee as soon as feasible after the end of the calendar year for which it is applicable. ``(3) No reporting fee payable to an educational institution under this subsection shall be subject to offset by the Secretary against any liability of such institution for any overpayment for which such institution may be administratively determined to be liable under section 3685 of this title unless such liability is not contested by such institution or has been upheld by a final decree of a court of appropriate jurisdiction. ``(4) Any reporting fee paid to an educational institution or joint apprenticeship training committee after the date of the enactment of the Post-9/11 Veterans Educational Assistance Improvements Act of 2011 (Public Law 111-377)-- ``(A) shall be utilized by such institution or committee solely for the making of certifications required under this chapter or chapter 31, 34, or 35 of this title or for otherwise supporting programs for veterans; and ``(B) with respect to an institution that has 75 or more enrollees described in paragraph (2), may not be used for or merged with amounts available for the general fund of the educational institution or joint apprenticeship training committee. ``(5) The reporting fee payable under this subsection shall be paid from amounts appropriated for readjustment benefits.''. SEC. 8. DEPARTMENT OF VETERANS AFFAIRS INSPECTOR GENERAL HEIGHTENED SCRUTINY OF PROGRAMS OF EDUCATION. (a) In General.--Subchapter II of chapter 36 of title 38, United States Code, is amended by adding at the end the following new section: ``Sec. 3699. Inspector General heightened scrutiny of programs of education ``(a) Heightened Scrutiny Required.--The Inspector General of the Department shall apply heightened scrutiny to any program of education if any Federal or State agency has made a final judgment or settlement that the program of education used deceptive or misleading practices that are potentially in violation of section 3696 of this title. ``(b) Notice to Students.--(1) Upon commencement of heightened scrutiny with respect to a program of education under this section, the Secretary shall provide notice of the heightened scrutiny and the reasons for such heightened scrutiny to any individual who-- ``(A) is enrolled in a course of education approved under this chapter provided by the program of education; and ``(B) is entitled to educational assistance under the laws administered by the Secretary. ``(2) The Secretary shall provide to any individual who receives notice under this subsection advice that the individual-- ``(A) request a copy of the individual's transcript; and ``(B) seek counseling from an appropriate advisor about transferring any credits earned at the program of education. ``(c) Monitoring of Allegations.--The Secretary shall monitor allegations of deceptive and misleading practices made against programs of education offering courses of education approved for purposes of this chapter, including Federal and State investigations. The Secretary shall include information about any such allegation on the GI Bill Comparison Tool, or any similar Internet website of the Department.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by adding at the end of the items relating to subchapter II the following new item: ``3699. Inspector General heightened scrutiny of programs of education.''. SEC. 9. DEPARTMENT OF VETERANS AFFAIRS DISAPPROVAL OF COURSES OF EDUCATION OFFERED BY INSTITUTIONS OF HIGHER LEARNING ACCUSED OF CERTAIN DECEPTIVE OR MISLEADING PRACTICES. Section 3679 of title 38, United States Code, is amended by adding at the end the following new subsection: ``(d)(1) The Secretary shall disapprove a course of education provided by an institution of higher learning if the Secretary determines pursuant to heightened scrutiny applied by the Inspector General under section 3699 of this title that the institution of higher learning has engaged in practices that are in violation of section 3696 of this title. ``(2) The Secretary shall provide counseling services to individuals enrolled in a course of education disapproved under paragraph (1) to assist such individuals in transferring to another institution of higher learning.''.

Veterans Success on Campus Act of 2016 (Sec. 2) This bill directs the Department of Veterans Affairs (VA) to: (1) provide educational and vocational counseling services for veterans at VA-selected institutions of higher learning, and (2) select locations where the maximum number of veterans would have access to such services. (Sec. 3) The bill revises the fee that is deducted from a veteran's education entitlement under the Post-9/11 educational assistance program from a monthly to a prorated fee for: (1) certain license and certification tests, and (2) national tests. (Sec. 4) The bill extends provisions requiring rounding down to the next lower dollar amount through FY2024, and rounding to the nearest whole dollar amount after FY2024, with respect to veterans educational assistance increases for: (1) the All-Volunteer Force, and (2) survivors and dependents. (Sec. 5) The Veterans' Advisory Committee on Education is extended through December 31, 2021. (Sec. 6) The VA shall, in consultation with state approving agencies, prescribe training requirements for a school certifying official (SCO) employed by a covered educational institution offering approved veterans education courses. The VA may disapprove any course of education offered by a covered educational institution that does not ensure that an SCO meets such requirements. (A covered educational institution is an institution that has enrolled 20 or more individuals using veterans educational assistance.) (Sec. 7) A reporting fee paid by the VA to an educational institution or joint apprenticeship training committee after the date of enactment of the Post-9/11 Veterans Educational Assistance Improvements Act of 2011 with respect to an institution that has 75 or more enrollees may not be used for or merged with amounts available for the general fund of the educational institution or joint apprenticeship training committee. (Sec. 8) The VA Inspector General shall apply heightened scrutiny to any education program if any federal or state agency has made a final judgment or settlement that the program used deceptive or misleading practices that are potentially in violation of advertising, sales, and enrollment practices. The VA shall: (1) provide notice of, and the reasons for, such heightened scrutiny to an individual who is enrolled in an approved course and entitled to educational assistance; and (2) advise such individual to request a transcript and seek counseling about transferring any credits earned. The VA shall: (1) monitor allegations of deceptive and misleading practices made against educational programs; and (2) include information about any such allegation on the GI Bill Comparison Tool or any similar VA website. (Sec. 9) The VA shall: (1) disapprove a course of education provided by an institution of higher learning if the VA determines, pursuant to such heightened scrutiny, that the institution has engaged in deceptive or misleading practices; and (2) provide transfer counseling services to individuals enrolled in a disapproved course.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Benefits to Research and American Innovation through Nationality Statutes Act of 2012'' or the ``BRAINS Act''. SEC. 2. IMMIGRANT VISAS FOR CERTAIN ADVANCED STEM GRADUATES. (a) Advanced Stem Graduates.--Section 203(b) of the Immigration and Nationality Act (8 U.S.C. 1153(b)) is amended-- (1) by redesignating paragraph (6) as paragraph (7); and (2) by inserting after paragraph (5) the following: ``(6) Advanced graduates in science, technology, engineering and mathematics.-- ``(A) In general.--Notwithstanding section 201, visas shall be made available, in a number not to exceed 55,000, to qualified immigrants who-- ``(i) possess a graduate degree at the level of master's or higher in a field of science, technology, engineering, or mathematics from a United States research institution of higher education; ``(ii) earned a graduate degree by taking no greater than 25 percent of classes by correspondence (including courses offered by telecommunications) and by taking all classes while physically present in the United States; ``(iii) have an offer of employment from a United States employer in a field related to such degree; ``(iv) are the subject of an approved labor certification as required under section 212(a)(5)(A); and ``(v) will receive a wage level from the employer that is at least the actual wage level paid by the employer to all other individuals with similar experience and qualifications for the specific employment in question. ``(B) Definitions.--In this paragraph: ``(i) Field of science, technology, engeering, or mathematics.--The term `field of science, technology, engineering, or mathematics' means a field included in the Department of Education's Classification of Instructional Programs taxonomy within the summary groups of computer and information sciences and support services, engineering, mathematics and statistics, and physical sciences. ``(ii) United states research institution of higher education.--The term `United States research institution of higher education' means an institution in the United States that-- ``(I) is described in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)); ``(II) is classified by the Director of the National Science Foundation as a research institution or as otherwise excelling at instruction in a field of science, technology, engineering, or mathematics; ``(III) has been in existence for at least 10 years; ``(IV) does not provide any commission, bonus, or other incentive payment based directly or indirectly on success in securing enrollments or financial aid to any persons or entities engaged in any recruitment or admission activities for nonimmigrant students or in making decisions regarding the award of student financial assistance to nonimmigrant students; ``(V) is accredited by an accrediting agency recognized by the Secretary of Education; and ``(VI) is not operating for profit.''. (b) Unused Visas; Limitation to Foreign States.-- (1) Unused visas.--Section 203(b)(1) of such Act (8 U.S.C. 1153(b)(1)) is amended by striking ``(4) and (5)'' and inserting ``(4), (5) and (6)''. (2) Limitation to any single foreign state.--Section 202(a)(5)(A) of such Act (8 U.S.C. 1152(a)(5)(A)) is amended by striking ``or (5)'' and inserting ``(5), or (6)''. (c) Procedure for Granting Immigrant Status.--Section 204(a)(1)(F) of such Act (8 U.S.C. 1154(a)(1)(F)) is amended-- (1) by striking ``or 203(b)(3)'' and inserting ``203(b)(3), or 203(b)(6)''; and (2) by striking ``Attorney General'' and inserting ``Secretary of Homeland Security''. (d) Labor Certification and Qualification for Certain Immigrants.-- Section 212(a)(5) of such Act (8 U.S.C. 1182(a)(5)) is amended-- (1) in subparagraph (A)-- (A) in clause (ii)-- (i) in subclause (I), by striking ``, or'' at the end and inserting a semicolon; (ii) in subclause (II), by striking the period at the end and inserting ``; or''; and (iii) by adding at the end the following: ``(III) holds a doctorate degree in a field of science, technology, engineering, or mathematics (as defined in section 203(b)(6)(B)(i)) from a United States research institution of higher education (as defined in section 203(b)(6)(B)(ii)).''; (B) by redesignating clauses (iii) and (iv) as clauses (iv) and (v), respectively; and (C) by inserting after clause (ii) the following: ``(iii) Job order.-- ``(I) In general.--An employer who files an application under clause (i) shall submit a job order for the labor the alien seeks to perform to the State workforce agency in the State in which the alien seeks to perform the labor. The State workforce agency shall post the job order on its official agency website for a minimum of 30 days and not later than 3 days after receipt using the employment statistics system authorized under section 15 of the Wagner-Peyser Act (29 U.S.C. 49 et seq.). ``(II) Links.--The Secretary of Labor shall include links to the official websites of all State workforce agencies on a single webpage of the official website of the Department of Labor.''; and (2) in subparagraph (D), by striking ``(2) or (3)'' and inserting ``(2), (3), or (6)''. (e) Further Protecting American Workers.--Section 212(p) of such Act (8 U.S.C. 1182(p)) is amended by adding at the end the following: ``(5) To satisfy the requirement under section 203(b)(6)(A)(iv), an employer must demonstrate that the total amount of compensation to be paid to the alien (including health insurance, stock options, and other benefits provided by the employer) must meet or exceed the total amount of compensation paid by the employer to all other employees with similar experience and qualifications working in the same occupational classification.''. (f) GAO Study.--Not later than June 30, 2017, the Comptroller General of the United States shall provide to the Congress the results of a study on the use by the National Science Foundation of the classification authority provided under section 203(b)(6)(B)(ii)(II) of the Immigration and Nationality Act (8 U.S.C. 1153(b)(6)(B)(ii)(II)), as added by this section. (g) Public Information.--The Secretary of Homeland Security shall make available to the public on the official website of the Department of Homeland Security, and shall update not less than monthly, the following information (which shall be organized according to month and fiscal year) with respect to aliens granted status under section 203(b)(6) of the Immigration and Nationality Act (8 U.S.C. 1153(b)(6)), as added by this section: (1) The name, city, and State of each employer who petitioned pursuant to either of such paragraphs on behalf of one or more aliens who were granted status in the month and fiscal year to date. (2) The number of aliens granted status under either of such paragraphs in the month and fiscal year to date based upon a petition filed by such employer. (3) The occupations for which such alien or aliens were sought by such employer and the job titles listed by such employer on the petition. (h) Effective Date; Sunset.-- (1) Effective date.--The amendments made by this section shall take effect on October 1, 2012, and shall apply with respect to fiscal years beginning on or after such date. (2) Sunset.--The amendments made by subsections (a) through (e) shall be repealed after the 2-year period beginning on the date of the enactment of this Act. SEC. 3. STUDENT VISA REFORM. (a) In General.--Section 101(a)(15)(F)(i) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(F)(i)) is amended by striking ``an alien having a residence in a foreign country which he has no intention of abandoning, who is a bona fide student qualified to pursue a full course of study and who'' and inserting ``an alien who is a bona fide student qualified to pursue a full course of study, who (except for a student qualified to pursue a full course of study in a field of science, technology, engineering, or mathematics (as defined in section 203(b)(6)(B)(i)) at an institution of higher education) has a residence in a foreign country which the alien has no intention of abandoning, and who''. (b) Conforming Amendments.-- (1) Section 214(b) of the Immigration and Nationality Act (8 U.S.C. 1184(b)) is amended by striking ``(other than a nonimmigrant'' and inserting ``(other than a nonimmigrant described in section 101(a)(15)(F) if the alien is qualified to pursue a full course of study in a field of science, technology, engineering, or mathematics (as defined in section 203(b)(6)(B)(i)) at an institution of higher education, other than a nonimmigrant''. (2) Section 214(h) of the Immigration and Nationality Act (8 U.S.C. 1184(h)) is amended by inserting ``(F) (if the alien is qualified to pursue a full course of study in a field of science, technology, engineering, or mathematics (as defined in section 203(b)(6)(B)(i)) at an institution of higher education),'' before ``H(i)(b)''. SEC. 4. VISA REVALIDATION. Section 222 of the Immigration and Nationality Act (8 U.S.C. 1202) is amended-- (1) in subsection (h), in the matter preceding paragraph (1), by inserting ``except as provided under subsection (i),'' after ``Act,''; and (2) by adding at the end the following: ``(i) Visa Revalidation.--The Secretary of State shall permit an alien granted a nonimmigrant visa under subparagraph (E), (H), (I), (L), (O), or (P) of section 101(a)(15) to apply for a renewal of such visa within the United States if-- ``(1) such visa expired during the 12-month period ending on the date of such application; ``(2) the alien is seeking a nonimmigrant visa under the same subparagraph under which the alien had previously received a visa; and ``(3) the alien has complied with the immigration laws of the United States.''. SEC. 5. AGE-OUT PROTECTIONS FOR CHILDREN. Section 101(b)(1) of the Immigration and Nationality Act (8 U.S.C. 1101(b)) is amended by adding at the end the following-- ``(H) Rules for determining age of a child.-- ``(i) Immigrant petitions.--Notwithstanding any other provision of the Act, a determination of whether an alien is a child for the purposes of a petition under sections 204 and 209 shall be made using the age of the alien on the date on which the petition is filed with the Secretary of Homeland Security. ``(ii) Child of u.s. citizen fiance.--A determination of whether an alien is a child for the purposes of a petition under section 214 or an application for adjustment of status under section 245(d) shall be made using the age of the alien on the date on which the petition is filed with the Secretary of Homeland Security to classify the alien's parent as the fiance of a U.S. citizen.''. SEC. 6. RETENTION OF PRIORITY DATES. (a) In General.--Section 203(h)(3) of the Immigration and Nationality Act (8 U.S.C. 1153(h)(3)) is amended to read follows: ``(3) Retention of priority date.--If the age of an alien is determined under paragraph (1) to be 21 years of age or older for the purposes of subsections (a)(2)(A) and (d), and a parent of the alien files a petition under section 204 for classification of such alien based upon a relationship described in subsection (a), the priority date for such petition shall be the original priority date issued upon receipt of the original family-based or employment-based petition for which either parent was a beneficiary.''. (b) Permanent Priority Dates.--Section 203 of the Immigration and Nationality Act (8 U.S.C. 1153) is amended by adding at the end the following: ``(i) Permanent Priority Dates.-- ``(1) In general.--Subject to subsection (h)(3) and paragraph (2), the priority date for any petition shall be the date of filing of the petition with the Secretary of Homeland Security (or the Secretary of State, if applicable), unless the filing of the petition was preceded by the filing of a labor certification with the Secretary of Labor, in which case that date shall constitute the priority date. ``(2) Subsequent petitions.--Subject to subsection (h)(3), an alien who is the beneficiary of any petition that was approvable when filed (including self-petitioners) shall retain the priority date assigned with respect to that petition in the consideration of any subsequently filed petition (including self-petitions) of which the alien is a beneficiary.''. (c) Effective Date.--The amendments made by subsections (a) and (b) shall take effect on the date of the enactment of this Act and shall apply to any alien who is a beneficiary of a classification petition pending on or after such date. SEC. 7. NUCLEAR FAMILY REUNIFICATIONS FOR HIGH-SKILLED WORKERS. Notwithstanding any other numerical limitation in law, the number of immigrant visas available to the spouse of an alien lawfully admitted for permanent residence pursuant to section 203(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1153(a)(2)) shall be increased in each fiscal year by the number of aliens who were lawfully admitted for permanent residence that were removed from the United States in the preceding fiscal year.

Benefits to Research and American Innovation through Nationality Statutes Act of 2012 or the BRAINS Act - Amends the Immigration and Nationality Act to make up to 55,000 visas available to qualified immigrants who: (1) possess a graduate degree at the level of master's or higher in a field of science, technology, engineering, or mathematics (STEM degree) from a qualifying U.S. research institution of higher education; (2) earned a graduate degree by taking no greater than 25% of classes by correspondence (including courses offered by telecommunications) and by taking all classes while physically present in the United States; (3) have an employment offer from a U.S. employer in a field related to such degree; (4) are the subject of an approved labor certification; and (5) will receive a wage for such employment that is at least the actual wage paid by the employer to all other individuals with similar experience and qualifications for the specific employment in question. Makes unused STEM visas available for other employment-based visa categories. Requires: (1) employers of foreign STEM graduates to submit a job order for the position with the appropriate state workforce agency, (2) such agency to post the position on its website for at least 30 days, and (3) employers to demonstrate that the total amount of compensation to be paid to a foreign STEM graduate meets or exceeds the total amount of compensation paid by the employer to all other employees with similar experience and qualifications working in the same occupational classification. Requires the Department of Homeland Security (DHS) to make available on its website specified information regarding foreign STEM employers, the number of aliens granted STEM status, and their occupations. Repeals such STEM and related provisions two years after enactment of this Act. Eliminates the foreign residency requirement for certain foreign students. Authorizes temporary workers (E, H, I, L O, or P visas) who have not violated their status to renew their same category visa from within the United States. States that a determination of whether an alien is a child for purposes of: (1) a petition for immigrant status or a petition for adjustment of refugee status to immigrant status shall be made using the alien's age on the date on which the petition is filed with DHS, and (2) a petition for nonimmigrant admission or an application for adjustment of status from nonimmigrant to conditional (fiance) immigrant shall be made using the alien's age on the date on which the petition is filed with DHS to classify such alien's parent as the fiance of a U.S. citizen. States that the permanent priority date for an immigrant visa petition shall be the date on which the petition is filed with DHS (or the Secretary of State, if applicable), unless such filing was preceded by the filing of a labor certification with the Secretary of Labor, in which case that date shall constitute the priority date. States that an alien who is the beneficiary of any petition that was approvable when filed shall retain such petition's priority date in the consideration of any subsequently filed petition of which the alien is a beneficiary. Increases the number of immigrant visas available to the spouses of aliens lawfully admitted for permanent residence in each fiscal year by the number of aliens who were lawfully admitted for permanent residence who were removed from the United States in the preceding fiscal year.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Expanding Broadcast Ownership Opportunities Act of 2017''. SEC. 2. FINDINGS. Congress finds the following: (1) One of the main missions of the Federal Communications Commission, and a compelling governmental interest, is to ensure that there is a diversity of ownership and viewpoints in the broadcasting industry. (2) The Commission should continue to collect relevant data and conduct studies on such diversity and make appropriate recommendations to Congress on how to increase the number of minority- and women-owned broadcast stations. (3) Data from 2014 shows that, of the over 1,700 commercial broadcast television stations in the United States, less than 6 percent are owned by women, and less than 3 percent are minority-owned. With respect to radio stations, women owned approximately 7 percent of FM broadcast radio stations, and minorities owned less than 3 percent of such stations. (4) Women and minority ownership is 5 to 10 times higher in other industries than in the broadcasting industry. (5) During the 17 years that a minority tax certificate program was in place at the Commission (from 1978 to 1995), the Commission issued 287 certificates for radio stations and 40 certificates for television stations. (6) The Commission can also support minority- and women- owned entrants into the broadcasting industry by implementing an incubator program in which existing licensees assist new entrants in the operation of broadcast stations. SEC. 3. FCC REPORTS TO CONGRESS. (a) Biennial Report Containing Recommendations for Increasing Number of Minority- and Women-Owned Broadcast Stations.--Not later than 180 days after the date of the enactment of this Act, and not less frequently than every 2 years thereafter, the Commission shall submit to Congress a report containing recommendations for how to increase the total number of broadcast stations that are owned or controlled by members of minority groups or women, or by both members of minority groups and women. (b) Biennial Report on Number of Minority- and Women-Owned Broadcast Stations.--Not later than 180 days after the date of the enactment of this Act, and not less frequently than every 2 years thereafter, the Commission shall submit to Congress a report that states the total number of broadcast stations that are owned or controlled by members of minority groups or women, or by both members of minority groups and women, based on data reported to the Commission on Form 323. SEC. 4. TAX CERTIFICATE PROGRAM FOR BROADCAST STATION TRANSACTIONS FURTHERING OWNERSHIP BY SOCIALLY AND ECONOMICALLY DISADVANTAGED INDIVIDUALS. (a) Requirements for Issuance of Certificate by FCC.-- (1) In general.--Part I of title III of the Communications Act of 1934 (47 U.S.C. 301 et seq.) is amended by adding at the end the following: ``SEC. 344. TAX CERTIFICATE PROGRAM FOR BROADCAST STATION TRANSACTIONS FURTHERING OWNERSHIP BY SOCIALLY AND ECONOMICALLY DISADVANTAGED INDIVIDUALS. ``(a) Issuance of Certificate by Commission.--Upon application by a person who engages in a sale of an interest in a broadcast station described in subsection (b), subject to the rules adopted by the Commission under subsection (c), the Commission shall issue to such person a certificate stating that such sale meets the requirements of this section. ``(b) Sales Described.--The sales described in this subsection are the following: ``(1) Sale resulting in ownership by socially and economically disadvantaged individuals.--A sale-- ``(A) of an interest in a broadcast station that, before such sale, is not owned by socially and economically disadvantaged individuals; and ``(B) that results in the station being owned by socially and economically disadvantaged individuals. ``(2) Sale by investor in station owned by socially and economically disadvantaged individuals.--In the case of a person who has contributed capital in exchange for an interest in a broadcast station that is owned by socially and economically disadvantaged individuals, a sale by such person of some or all of such interest. ``(c) Rules.--The Commission shall adopt rules for the issuance of a certificate under subsection (a) that provide for the following: ``(1) Limit on value of sale.--A limit on the value of an interest the sale of which qualifies for the issuance of such a certificate. ``(2) Minimum holding period.--In the case of a sale described in subsection (b)(1), a minimum period following the sale during which the broadcast station must remain owned by socially and economically disadvantaged individuals. ``(3) Cumulative limit on number or value of sales.--A limit on the total number of sales or the total value of sales, or both, for which a person may be issued certificates under subsection (a). ``(4) Participation in station management by socially and economically disadvantaged individuals.--Requirements for participation by socially and economically disadvantaged individuals in the management of the broadcast station. ``(d) Annual Report to Congress.--The Commission shall submit to Congress an annual report describing the sales for which certificates have been issued under subsection (a) during the period covered by the report. ``(e) Definitions.--In this section: ``(1) Owned by socially and economically disadvantaged individuals.--The term `owned by socially and economically disadvantaged individuals' means, with respect to a broadcast station, that-- ``(A) such station is at least 51 percent owned by one or more socially and economically disadvantaged individuals, or, in the case of any publicly owned broadcast station, at least 51 percent of the stock of such station is owned by one or more socially and economically disadvantaged individuals; and ``(B) the management and daily business operations of such station are controlled by one or more of such individuals. ``(2) Socially and economically disadvantaged individual.-- The term `socially and economically disadvantaged individual' means an individual who is socially and economically disadvantaged. The Commission shall presume that socially and economically disadvantaged individuals include-- ``(A) Black Americans, Hispanic Americans, Native Americans, Asian Pacific Americans, and other minorities; and ``(B) women. ``(3) Socially disadvantaged individual.--The term `socially disadvantaged individual' means an individual who has been subjected to racial or ethnic prejudice or cultural bias because of the identity of the individual as a member of a group without regard to the individual qualities of the individual. ``(4) Economically disadvantaged individual.--The term `economically disadvantaged individual' means a socially disadvantaged individual whose ability to compete in the free enterprise system has been impaired due to diminished capital and credit opportunities as compared to others in the same business area who are not socially disadvantaged. In determining the degree of diminished credit and capital opportunities, the Commission shall consider, but not be limited to, the assets and net worth of such socially disadvantaged individual.''. (2) Deadline for adoption of rules.--The Commission shall adopt rules to implement section 344 of the Communications Act of 1934, as added by paragraph (1), not later than 1 year after the date of the enactment of this Act. (3) Report to congress on program expansion.--Not later than 6 years after the date of the enactment of this Act, the Commission shall submit to Congress a report regarding whether Congress should expand section 344 of the Communications Act of 1934, as added by paragraph (1), beyond broadcast stations to cover other entities regulated by the Commission. (4) Report to congress on nexus between diversity of ownership and diversity of viewpoint.--Not later than 6 years after the date of the enactment of this Act, and not less frequently than every 5 years thereafter until the amendments made by this section cease to apply in accordance with subsection (d), the Commission shall submit to Congress a report, including supporting data, on whether there is a nexus between diversity of ownership or control of broadcast stations (including ownership or control by members of minority groups or women, or by both members of minority groups and women) and diversity of the viewpoints expressed in the matter broadcast by broadcast stations. (b) Nonrecognition of Gain or Loss for Tax Purposes.-- (1) In general.--Subchapter O of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after part IV the following new part: ``PART V--SALE OF INTEREST IN CERTAIN BROADCAST STATIONS. ``SEC. 1071. NONRECOGNITION OF GAIN OR LOSS FROM SALE OF INTEREST IN CERTAIN BROADCAST STATIONS. ``(a) Nonrecognition of Gain or Loss.--If a sale of an interest in a broadcast station, within the meaning of section 344 of the Communications Act of 1934, is certified by the Federal Communications Commission under such section, such sale shall, if the taxpayer so elects, be treated as an involuntary conversion of such property within the meaning of section 1033. For purposes of such section as made applicable by the provisions of this section, stock of a corporation operating a broadcast station shall be treated as property similar or related in service or use to the property so converted. The part of the gain, if any, on such sale to which section 1033 is not applied shall nevertheless not be recognized, if the taxpayer so elects, to the extent that it is applied to reduce the basis for determining gain or loss on any such sale, of a character subject to the allowance for depreciation under section 167, remaining in the hands of the taxpayer immediately after the sale, or acquired in the same taxable year. The manner and amount of such reduction shall be determined under regulations prescribed by the Secretary. Any election made by the taxpayer under this section shall be made by a statement to that effect in his return for the taxable year in which the sale takes place, and such election shall be binding for the taxable year and all subsequent taxable years. ``(b) Minimum Holding Period; Continued Management.--If-- ``(1) there is nonrecognition of gain or loss to a taxpayer under this section with respect to a sale of property (determined without regard to this paragraph), and ``(2) the taxpayer ceases to fulfill any requirements of the rules adopted by the Federal Communications Commission under paragraph (2) or (4) of section 344(c) of the Communications Act of 1934 (as such rules are in effect on the date of such sale), there shall be no nonrecognition of gain or loss under this section to the taxpayer with respect to such sale, except that any gain or loss recognized by the taxpayer by reason of this subsection shall be taken into account as of the date on which the taxpayer so ceases to fulfill such requirements. ``(c) Basis.--For basis of property acquired on a sale treated as an involuntary conversion under subsection (a), see section 1033(b).''. (2) Clerical amendment.--The table of parts for subchapter O of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item related to part IV the following new part: ``Part V--Sale of Interest in Certain Broadcast Stations ``Section 1071. Nonrecognition of gain or loss from sale of interest in certain broadcast stations.''. (c) Effective Date.--The amendments made by this section shall apply with respect to sales of interests in broadcast stations after the date that is 1 year after the date of the enactment of this Act. (d) Sunset.--The amendments made by this section shall not apply with respect to sales of interests in broadcast stations after the date that is 16 years after the date of the enactment of this Act. SEC. 5. INCUBATOR PILOT PROGRAM. (a) In General.--Not later than 180 days after the date of the enactment of this Act, the Commission shall establish a program under which the Commission may grant a waiver of paragraph (a), (b), or (c) of section 73.3555 of title 47, Code of Federal Regulations, to a licensee of a broadcast station to enable the licensee to acquire an interest that would otherwise be prohibited by such paragraph in a broadcast station that is owned by socially and economically disadvantaged individuals. (b) Report to Congress.--The Commission shall submit to Congress a report on the effectiveness of the program established under subsection (a) not later than the date that is 4 years after the date on which the Commission establishes the program under such subsection. (c) Sunset.--The Commission may not grant a waiver under subsection (a) after the date that is 5 years after the date on which the Commission establishes the program under such subsection. SEC. 6. DEFINITIONS. In this Act: (1) Broadcast station.--The term ``broadcast station'' has the meaning given such term in section 3 of the Communications Act of 1934 (47 U.S.C. 153). (2) Commission.--The term ``Commission'' means the Federal Communications Commission. (3) Owned by socially and economically disadvantaged individuals.--The term ``owned by socially and economically disadvantaged individuals'' has the meaning given such term in section 344 of the Communications Act of 1934, as added by section 4.

Expanding Broadcast Ownership Opportunities Act of 2017 This bill amends the Communications Act of 1934 and the Internal Revenue Code to reestablish a tax certificate program under which the Federal Communications Commission (FCC) certifies a person's sale of an interest in a broadcast station to socially and economically disadvantaged minorities or women in order for the seller to elect to treat the sale as an involuntary conversion for which no gain is recognized for tax purposes or as an unrecognized gain to reduce the basis for determining gain or loss subject to an allowance for a depreciation deduction. The FCC must adopt rules for the issuance of such certificates to: (1) limit the value of an interest the sale of which qualifies for such a certificate, (2) establish a minimum holding period following the sale during which the broadcast station must remain owned by socially and economically disadvantaged individuals, (3) limit the total number or value of sales for which a person may be issued certificates, and (4) require participation by socially and economically disadvantaged individuals in the management of the broadcast station. The FCC must report on: (1) recommendations to increase the total number of broadcast stations owned or controlled by minority groups or women, (2) annual sales for which certificates have been issued, (3) whether to expand the tax certificate program beyond broadcast stations to other FCC-regulated entities, and (4) whether there is a nexus between diversity of ownership or control of broadcast stations and diversity of the viewpoints broadcast by the stations. The FCC must also establish a five-year pilot incubator program to grant waivers from ownership rules (local radio ownership rules, local television multiple ownership rules, or radio-television cross-ownership rules) to licensees to enable them to acquire an otherwise prohibited interest in a broadcast station owned by socially and economically disadvantaged individuals.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Forest Management Improvement Act of 2017''. SEC. 2. DEFINITIONS. In this Act: (1) Categorical exclusion.--The term ``categorical exclusion'' means an exclusion from the requirement to prepare an environmental assessment or an environmental impact statement under section 102 of the National Environmental Policy Act of 1969 (42 U.S.C. 4332) for a category of forest management activities. (2) Forest management activity.--The term ``forest management activity'' means a project or activity carried out by the Secretary on National Forest System land. (3) Forest plan.--The term ``forest plan'' means a land and resource management plan prepared by the Forest Service in accordance with section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1604). (4) National forest system.--The term ``National Forest System'' has the meaning given the term in section 11(a) of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1609(a)). (5) Secretary.--The term ``Secretary'' means the Secretary of Agriculture, acting through the Chief of the Forest Service. SEC. 3. CATEGORICAL EXCLUSIONS. (a) Establishment of Categorical Exclusions.-- (1) Early seral habitat creation.--A categorical exclusion is available to the Secretary to conduct a forest management activity the purpose of which is the creation of an early seral habitat forest. (2) Wildlife habitat improvement.--A categorical exclusion is available to the Secretary to conduct a forest management activity the purpose of which is the improvement of wildlife habitat. (3) Forest thinning.--A categorical exclusion is available to the Secretary to conduct a forest management activity the purpose of which is commercial thinning of forest stands on suited timberland, including-- (A) the incidental removal of trees for landings, skid trails, and road clearing; and (B) the construction of a temporary road that is not longer than 1 mile to carry out that commercial thinning. (4) Salvage of dead and dying trees.--A categorical exclusion is available to the Secretary to conduct a forest management activity the purpose of which is the salvage of trees that are dead, dying, or both, and were damaged by wind, an ice storm, fire, or another event, including-- (A) the incidental removal of trees for landings, skid trails, and road clearing; and (B) the construction of a temporary road that is not longer than 1 mile to carry out that salvage of trees. (b) Acreage Limitations.--Forest management activities using the categorical exclusions under each of paragraphs (1) through (4) of subsection (a) may be conducted on not more than 10,000 acres of National Forest System land for each categorical exclusion. (c) Extraordinary Circumstances.--The Secretary may apply the extraordinary circumstances procedures under section 220.6 of title 36, Code of Federal Regulations (or successor regulations), in determining whether to use a categorical exclusion under subsection (a). (d) Consistency.--In carrying out forest management activities using the categorical exclusions under subsection (a), the Secretary shall ensure that the forest management activities are consistent with the applicable forest plans. (e) Cumulative Impacts.--The Secretary shall not be required to conduct a cumulative impact analysis in an environmental document prepared under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) for a forest management activity carried out using a categorical exclusion made available to the Secretary under subsection (a) or any other provision of law (including regulations). (f) Expansion of Categorical Exclusion for Insect and Disease Infestation.-- (1) Permanent authority.--Section 602(f) of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6591a(f)) is amended by striking ``each of fiscal years 2014 through 2024.'' and inserting ``each fiscal year.''. (2) Administrative review.--Section 603 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6591b) is amended-- (A) in subsection (a), in the matter preceding paragraph (1), by striking ``described in subsection (b)''; (B) by striking subsection (b); (C) by redesignating subsections (c) through (g) as subsections (b) through (f), respectively; and (D) in subsection (b) (as so redesignated)-- (i) in paragraph (1), by striking ``3000'' and inserting ``10,000''; and (ii) in paragraph (2), by striking ``shall be'' in the matter preceding subparagraph (A) and all that follows through the period at the end of subparagraph (B) and inserting ``may be carried out in any area designated under section 602(b), including areas in Fire Regime Groups IV and V.''. SEC. 4. EXPEDITED ENVIRONMENTAL REVIEW. (a) Environmental Impact Statements.--In an environmental impact statement prepared pursuant to section 102(2) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)) for a forest management activity, the Secretary shall be required to study, develop, and describe only the following 2 alternatives: (1) The forest management activity. (2) The alternative of no action. (b) Environmental Assessments.--In an environmental assessment prepared pursuant to section 102(2) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)) for a forest management activity, the Secretary shall not be required to study, develop, and describe the alternative of no action. SEC. 5. GOOD NEIGHBOR AUTHORITY. (a) In General.--Section 8206(a)(3)(B)(i) of the Agricultural Act of 2014 (16 U.S.C. 2113a(a)(3)(B)(i)) is amended by striking ``or permanent''. (b) Repeal.--Section 331 of the Department of the Interior and Related Agencies Appropriations Act, 2001 (16 U.S.C. 1011 note) is repealed. SEC. 6. STEWARDSHIP END RESULT CONTRACTING PROJECTS. Section 604 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6591c) is amended-- (1) in subsection (c), by adding at the end the following: ``(8) Retention of existing wood products infrastructure.''; (2) in subsection (d)(1), by inserting ``, or lowest-cost- technically-acceptable,'' after ``best-value''; and (3) in subsection (e)(2)(A), by inserting ``, subject to the condition that 25 percent of the gross receipts shall be disbursed to the county in which the project site is located'' before ``; and''. SEC. 7. LITIGATION RELIEF. Section 106 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6516) is amended-- (1) by redesignating subsections (a) through (c) as subsections (b) through (d), respectively; (2) by inserting before subsection (b) (as so redesignated) the following: ``(a) Definition of Covered Project.--In this section, the term `covered project' means-- ``(1) with respect to a project on land of the National Forest System described in section 3(1)(A), any vegetation management project carried out by the Secretary of Agriculture, except on land on which vegetation management is prohibited by law or the applicable land and resource management plan described in section 101(13)(A); and ``(2) with respect to public lands described in section 3(1)(B), an authorized hazardous fuels reduction project conducted under this title.''; (3) in subsection (b) (as so redesignated)-- (A) by striking ``an authorized hazardous fuels reduction project conducted under this title'' and inserting ``a covered project''; and (B) by striking ``the authorized hazardous fuels reduction project'' and inserting ``the covered project''; (4) in subsection (c) (as so redesignated), by striking ``subsection (a)'' and inserting ``subsection (b)''; (5) in subsection (d) (as so redesignated)-- (A) in paragraph (1), by striking ``an authorized hazardous fuel reduction project carried out under this title'' and inserting ``a covered project''; (B) in paragraph (2)(B), by striking ``authorized hazardous fuel reduction project'' and inserting ``covered project''; and (C) in paragraph (3), in the matter preceding subparagraph (A), by striking ``an authorized hazardous fuel reduction project'' and inserting ``a covered project''; and (6) by adding at the end the following: ``(e) Forest Service Pilot Arbitration Program.-- ``(1) Establishment.-- ``(A) In general.--The Secretary of Agriculture (referred to in this subsection as the `Secretary') shall establish within the Forest Service a pilot arbitration program (referred to in this subsection as the `program') to designate any of the projects described in paragraph (2) for an alternative dispute resolution procedure to replace judicial review of the projects. ``(B) Designation process and arbitration procedure.--The Secretary shall-- ``(i) establish a process for the designation of projects and an alternative dispute resolution procedure for the program in accordance with this subsection; and ``(ii) publish in the Federal Register the process and procedure described in clause (i). ``(2) Description of projects.--The Secretary may designate for the program projects for-- ``(A) vegetation management; ``(B) forest thinning; ``(C) hazardous fuels reduction; and ``(D) any other project, as determined by the Secretary. ``(f) Costs and Fees.-- ``(1) In general.--In awarding fees or other expenses under section 2412 of title 28, United States Code, for a civil action relating to a covered project, the court shall-- ``(A) restrict the award to reasonable hourly reimbursements; and ``(B) ensure that the award is not granted to-- ``(i) a party other than a prevailing party; or ``(ii) a person that has substantial financial resources. ``(2) Regulations.--The Secretary shall promulgate regulations for what constitutes-- ``(A) reasonable hourly reimbursements under paragraph (1)(A); and ``(B) substantial financial resources under paragraph (1)(B)(ii).''.

Forest Management Improvement Act of 2017 This bill makes categorical exclusions, from requirements under the National Environmental Policy Act of 1969 (NEPA) to conduct environmental assessment and environmental impact statements, available to the Forest Service to conduct forest management activities on up to 10,000 acres of National Forest System land for each exclusion to: create early seral habitat forests; improve wildlife habitats; commercially thin forest stands on suited timberlands; and salvage trees that are dead and/or dying and were damaged by such events as wind, fire, or construction. For a forest management activity, the Forest Service: in an NEPA-prepared environmental impact statement, shall study, develop, and describe only the activity and the alternative of no action; and in an NEPA-prepared environmental assessment, shall not be required to study, develop, and describe the alternative of no action. The bill makes permanent the authority to designate, at state request, treatment areas in national forests that are experiencing an insect or disease epidemic. The bill revises authorities for watershed restoration and protection services. The Department of Agriculture shall establish a pilot arbitration program under which specified forest management projects challenged in a civil action may be designated for an alternative dispute resolution procedure instead of judicial review.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Restoring Local Control of Airports Act of 2016''. SEC. 2. PASSENGER FACILITY CHARGES. (a) General Authority.--Section 40117(b) of title 49, United States Code, is amended-- (1) in paragraph (1) by striking ``$1, $2, or $3'' and inserting ``any amount''; (2) by striking paragraph (4); (3) by redesignating paragraphs (5), (6), and (7) as paragraphs (4), (5), and (6), respectively; (4) in paragraph (5) (as so redesignated)-- (A) by striking ``paragraphs (1) and (4)'' and inserting ``paragraph (1)''; and (B) by striking ``paragraph (1) or (4)'' and inserting ``paragraph (1)''; and (5) in paragraph (6)(A) (as so redesignated)-- (A) by striking ``paragraphs (1), (4), and (6)'' and inserting ``paragraphs (1) and (5)''; and (B) by striking ``paragraph (1) or (4)'' and inserting ``paragraph (1)''. (b) Determination of Reasonableness of Passenger Facility Charge.-- Section 40117 of title 49, United States Code, is amended by adding at the end the following: ``(n) Determination of Reasonableness of Passenger Facility Charge.-- ``(1) In general.--The Secretary shall issue a determination as to whether a passenger facility charge is reasonable, if a written complaint for such determination is filed with the Secretary by an affected passenger not later than 120 days after the charge is paid by the passenger. ``(2) Secretary's determination.--In determining under paragraph (1) whether a passenger facility charge is reasonable, the Secretary may only determine whether the charge is reasonable pursuant to paragraph (4). ``(3) Procedural regulations.--Not later than 360 days after the date of enactment of this subsection, the Secretary shall publish in the Federal Register final regulations, policy statements, or guidelines establishing the procedures for acting upon written complaints filed under paragraph (1). ``(4) Determination of reasonableness.--In determining under paragraph (1) whether a passenger facility charge is reasonable, the Secretary shall determine if the passenger facility charge is-- ``(A) excessive in relation to the benefits conferred; or ``(B) used for a purpose other than the purpose for which the charge was originally authorized. ``(5) Decisions by secretary.--The final regulations, policy statements, or guidelines required under paragraph (3) shall provide for the following: ``(A) Directions regarding an appropriate refund or credit of a passenger facility charge to a passenger who has filed with the Secretary a written complaint relating to a passenger facility charge. ``(B) Not later than 270 days after a complaint relating to a passenger facility charge is filed with the Secretary, the Secretary shall issue a written determination as to whether the passenger facility charge is reasonable. ``(C) Not later than 90 days after a complaint relating to a passenger facility charge is filed with the Secretary, the Secretary shall dismiss the complaint if no significant dispute exists or shall assign the matter to an administrative law judge. Thereafter, the matter shall be handled in accordance with part 302 of title 14, Code of Federal Regulations, or as modified by the Secretary, to ensure an orderly disposition of the matter within the 270-day period and any specifically applicable provisions of this subsection. ``(D) The administrative law judge shall issue a recommended decision within 90 days after the complaint is assigned. ``(E) If the Secretary, upon the expiration of the 270-day period, has not issued a final order, the decision of the administrative law judge shall be deemed to be the final order of the Secretary.''. SEC. 3. AIRPORT IMPROVEMENT PROGRAM. (a) Funding.--Section 48103(a) of title 49, United States Code, is amended by striking ``$3,350,000,000'' and all that follows before the period at the end and inserting ``$2,950,000,000 for each of fiscal years 2016 through 2021''. (b) Apportionments.--Section 47114 of title 49, United States Code, is amended-- (1) by striking ``$3,200,000,000'' each place it appears and inserting ``$2,950,000,000''; and (2) in subsection (f)-- (A) in paragraph (1) by striking ``paragraph (3)'' and inserting ``paragraph (4)''; (B) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and (C) by inserting after paragraph (1) the following: ``(2) In general.--Subject to paragraph (4), and in lieu of the reduction under paragraph (1), an amount that would be apportioned under this section (other than amounts apportioned under subsection (c)(2)) in a fiscal year to the sponsor of an airport having at least 1.0 percent of the total number of boardings each year in the United States and for which a charge of more than $4.50 is imposed in the fiscal year under section 40117 shall be reduced by an amount equal to-- ``(A) except as provided in subparagraph (B), 100 percent of the projected revenues from the charge in the fiscal year but not by more than 100 percent of the amount that otherwise would be apportioned under this section; or ``(B) with respect to an airport in Hawaii, 100 percent of the projected revenues from the charge in the fiscal year but not by more than 100 percent of the excess of-- ``(i) the amount that otherwise would be apportioned under this section; over ``(ii) the amount equal to the amount specified in clause (i) multiplied by the percentage of the total passenger boardings at the applicable airport that are comprised of interisland passengers.''; (D) in paragraph (3) (as so redesignated) by striking ``paragraph (1)'' and inserting ``paragraph (1) or (2)''; and (E) in paragraph (4) (as so redesignated)-- (i) in subparagraph (A)-- (I) by striking ``.25 percent'' and inserting ``1.0 percent''; and (II) by striking ``paragraph (1)'' and inserting ``paragraph (2)''; and (ii) in subparagraph (B) by striking ``fiscal year 2004'' and inserting ``fiscal year 2017 and each fiscal year thereafter''. (c) Use of Apportioned Amounts.--Section 47117(e)(1)(C) of title 49, United States Code, is amended by striking ``$3,200,000,000'' and inserting ``$2,950,000,000''. SEC. 4. REDUCTION IN AIRLINE TICKET TAX. (a) In General.--Section 4261(a) of the Internal Revenue Code of 1986 is amended by striking ``7.5 percent'' and inserting ``7.0 percent''. (b) Effective Date.--The amendment made by this section shall apply to transportation beginning after September 30, 2016, but not for amounts paid on or before such date.

Restoring Local Control of Airports Act of 2016 This bill reauthorizes through FY2021 and revises the Airport Improvement Program. Specifically, the bill: (1) eliminates the federal cap on passenger facility charges (local user fees) of $4.50 per enplanement; and (2) with respect to airports that increase such charges beyond $4.50 per enplanement, provides for corresponding reductions in program grant funding. In addition, the bill amends the Internal Revenue Code to reduce the federal airline ticket tax.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Teaching Geography is Fundamental Act''. SEC. 2. GEOGRAPHY EDUCATION. Title II of the Higher Education Act of 1965 (20 U.S.C. 1021 et seq.) is amended by adding at the end the following: ``PART C--GEOGRAPHY EDUCATION ``SEC. 231. FINDINGS. ``Congress makes the following findings: ``(1) Geographic literacy is essential to a well-prepared citizenry in the 21st Century because geographic factors assume greater importance as the world's economies, societies, and political structures grow more global in scale. ``(2) In a recent National Geographic-Roper 9-country survey of geographic literacy among young adults aged 18 through 24, Americans ranked second to last. Only 13 percent of young adults aged 18 through 24 in the United States were able to correctly identify Iraq on a map of Asia and the Middle East. ``(3) The economic stature and competitiveness of the United States requires increasingly sophisticated levels of geographic knowledge and mastery of geographic tools. ``(4) United States Department of Labor data identifies geotechnology as one of the 3 fastest growing employment fields serving industries such as insurance, banking, real estate, forestry, and agriculture as well as Federal, State, and local Governments. ``(5) The National Academy of Sciences urged creation of a national program to improve the geographic competence of the United States general population and the school age population. ``(6) Geography is defined as a `core academic subject' within the No Child Left Behind Act of 2001. ``(7) A recent National Geographic Society survey found that all 50 States and the District of Columbia recognize geography in their curricula or content standards, and an increasing number require geography for graduation and include geography in mandated statewide assessments. ``(8) Seven of 10 educators responding to a National Geographic survey felt their professional development opportunities in geography were inadequate and half believed their schools had inadequate basic materials for teaching geography. ``(9) The National Geographic Society has spent over 15 years pioneering an extraordinarily effective national program for improving the teaching of geography by engaging university faculty geographers and highly trained teachers in State Geographic Alliances dedicated to providing high quality professional development opportunities for kindergarten through grade 12 teachers. ``(10) More than 60 colleges and universities in all 50 States have received grants from the National Geographic Society to support State Geographic Alliances and their professional development programs. Alliance-trained kindergarten through grade 12 teachers and their higher education partners conduct workshops, develop localized teaching materials, and facilitate communication among thousands of teachers whose responsibilities include teaching of geography in various formats and grade levels. ``(11) A study by Mid-continent Research for Education and Learning that assessed student academic achievement in geography on the National Assessment of Educational Progress showed that students taught by Alliance-trained teachers outperformed other students by almost 10 percent. ``SEC. 232. PURPOSES AND OBJECTIVES. ``(a) Purpose.--The purpose of this part is to promote geographic literacy and improved understanding of global cultures among kindergarten through grade 12 students by expanding programs that employ the geographic knowledge and expertise of faculty members in institutions of higher education for the benefit of kindergarten through grade 12 teachers and to otherwise advance geographic literacy. ``(b) Objectives.--The objectives of this part are the following: ``(1) To increase students knowledge of, and achievement in, standards-based geography to enable the students to become better informed and more productive citizens. ``(2) To increase the number of highly qualified teachers of United States and world geography and to enable the teachers to improve student mastery of geographic principles and practical applications of those principles. ``(3) To encourage geographic education research, to develop and disseminate effective instructional materials, and to promote replication of best practices and exemplary programs that foster geographic literacy. ``(4) To assist States in measuring the impact of education in geography. ``(5) To leverage and expand private and public support for geography education partnerships at national, State, and local levels. ``SEC. 233. GRANT PROGRAM AUTHORIZED. ``The Secretary is authorized to award a grant to a national nonprofit education organization or a consortium of organizations (hereafter in this part referred to as the `grantee') that has as its primary purpose the improvement of the quality of student understanding of geography through effective teaching of geography in the Nation's classrooms. ``SEC. 234. USE OF FUNDS. ``(a) Direct Activities.--The grantee shall use not more than 25 percent of the funds made available through the grant for a fiscal year-- ``(1) to strengthen and expand the grantee's relationships with institutions of higher education and with State and local agencies and other public and private organizations with a commitment to geography education and the benefits of geography education; ``(2) to support and promote research-based training of teachers of geography and related disciplines in kindergarten through grade 12 as a means of broadening student knowledge of the world, including the dissemination of information on effective practices and research findings concerning the teaching of geography; ``(3) to support research on effective geography teaching practices and the development of assessment instruments and strategies to document student understanding of geography; ``(4) to convene national conferences on geography education to assess the current state of geographic literacy and to identify strategies for improvement; and ``(5) to develop and disseminate appropriate research-based materials to foster geographic literacy. ``(b) Subgrants.-- ``(1) In general.--The grantee shall use not more than 75 percent of the funds made available through the grant for a fiscal year to award subgrants to eligible recipients. ``(2) Eligible recipient defined.--In this part the term `eligible recipient' means an institution of higher education associated with-- ``(A) a State geographic alliance; ``(B) a nonprofit educational organization; ``(C) a State educational agency or local educational agency; or ``(D) a partnership between or among an alliance, organization, or agency described in subparagraph (A), (B) or (C). ``(3) Subgrant uses of funds.--Eligible recipients shall use the subgrant funds for 1 or more of the following purposes: ``(A) Conducting teacher training programs that use effective and research-based approaches to the teaching of geography at the kindergarten through grade 12 level. ``(B) Applying Geographic Information System (GIS) or other geographic technological tools to the teaching of geography. ``(C) Applying Internet and other distance leaning technology to the teaching of geography or to the continuing education of teachers. ``(D) Promoting rigorous academic standards and assessment techniques to guide and measure student performance in geography. ``(E) Promoting research in geography education, emphasizing research that leads to improving student achievement. ``(F) Carrying out local, field-based activities for teachers and students to improve their knowledge of the concepts and tools of geography while enhancing understanding of their home region. ``(G) Promoting comparative studies of world cultures, economies, and environments. ``(H) Encouraging replication of best practices and model programs to promote geographic literacy. ``(I) Developing and disseminating effective, research-based geography learning materials. ``(J) Convening State-based conferences to assess the state of geographic literacy and to identify strategies for improvement. ``SEC. 235. APPLICATIONS. ``(a) Grantee Applications.--To be eligible to receive a grant under this part, the grantee shall submit to the Secretary an application at such time, in such manner, and accompanied by such information as the Secretary may require. ``(b) Eligible Recipient Applications.-- ``(1) Submission.--To be eligible to receive a subgrant under this part, an eligible recipient shall submit an application to the grantee at such time, in such manner and accompanied by such information as the grantee may require. ``(2) Review.-- ``(A) In general.--The grantee shall invite individuals described in subparagraph (B) to review all applications from eligible recipients for a subgrant under this section and to make recommendations to the grantee regarding the approval of the applications. ``(B) Reviewers.--The individuals referred to in subparagraph (A) are the following: ``(i) Leaders in the field of geography education. ``(ii) Such other individuals as the grantee may determine are necessary or desirable. ``SEC. 236. REQUIREMENTS. ``(a) Administrative Costs.--The grantee receiving a grant under this part for a fiscal year, and each eligible recipient receiving a subgrant under this part for a fiscal year, may use not more than 15 percent of the funds made available through the grant or subgrant, respectively, for administrative costs. ``(b) Matching Requirements.-- ``(1) In general.--In order to be eligible to receive a subgrant under this part an eligible recipient shall agree in the application submitted under section 235(b) to provide matching funds towards the costs of the activities assisted under the subgrant. ``(2) Amount.--An eligible recipient shall provide matching funds in an amount equal to 20 percent of the subgrant funds received under this part for the second and each succeeding fiscal year for which subgrant payments are made. ``(3) Source of matching funds.--Matching funds may be provided in cash or in kind, fairly evaluated, including facilities, staffing salaries, and educational materials. ``SEC. 237. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated to carry out this part $15,000,000 for fiscal year 2006 and each of the 4 succeeding fiscal years.''.

Teaching Geography is Fundamental Act - Amends the Higher Education Act of 1965 to establish a geography education grant program under title II, Teacher Quality Enhancement. Authorizes the Secretary of Education to award a grant to a national nonprofit education organization or consortium, with 75% to be used for subgrants to institutions of higher education associated with state geographic alliances, nonprofit educational organizations, or state or local educational agencies. Requires various grantee and subgrantee activities designed to expand geographic literacy among kindergarten through grade 12 students by improving their teachers' professional development programs offered through institutions of higher education. Includes among such activities state-based conferences to assess geographic literacy and identify improvement strategies.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Clean Books Act''. SEC. 2. FINDINGS; PURPOSE. (a) Findings.--Congress finds the following: (1) The Federal Government administers several hundred education programs annually. Of these education programs, more than 100 programs are unfunded. (2) The President has not requested funding for more than 50 such unfunded education programs nor were such programs funded in the 103rd or 104th Congress. (b) Purpose.--The purpose of this Act is to help streamline bookkeeping for the Department of Education by eliminating 69 of the existing unfunded education programs. SEC. 3. REPEAL OF CERTAIN UNFUNDED EDUCATION PROGRAMS. (a) Adult Education Act.--The following provisions are repealed: (1) Business, industry, labor, and education partnerships for workplace literacy.--Section 371 of the Adult Education Act (20 U.S.C. 1211). (2) English literacy grants.--Section 372 of the Adult Education Act (20 U.S.C. 1211a). (3) Education programs for commercial drivers.--Section 373 of the Adult Education Act (20 U.S.C. 1211b). (4) Adult literacy volunteer training.--Section 382 of the Adult Education Act (20 U.S.C. 1213a). (b) Carl D. Perkins Vocational and Applied Technology Education Act.--The following provisions are repealed: (1) Other state-administered programs.--Part B of title II of the Carl D. Perkins Vocational and Applied Technology Education Act (20 U.S.C. 2335 et seq.). (2) State assistance for vocational education support programs by community-based organizations.--Part A of title III of the Carl D. Perkins Vocational and Applied Technology Education Act (20 U.S.C. 2351 et seq.). (3) Consumer and homemaking education.--Part B of title III of the Carl D. Perkins Vocational and Applied Technology Education Act (20 U.S.C. 2361 et seq.). (4) Comprehensive career guidance and counseling programs.--Part C of title III of the Carl D. Perkins Vocational and Applied Technology Education Act (20 U.S.C. 2381 et seq.). (5) Business-labor-education partnership for training.-- Part D of title III of the Carl D. Perkins Vocational and Applied Technology Education Act (20 U.S.C. 2391 et seq.). (6) Supplementary state grants for facilities and equipment and other program improvement activities.--Part F of title III of the Carl D. Perkins Vocational and Applied Technology Education Act (20 U.S.C. 2395 et seq.). (7) Community education employment centers and vocational education lighthouse schools.--Part G of title III of the Carl D. Perkins Vocational and Applied Technology Education Act (20 U.S.C. 2396 et seq.). (8) Demonstration programs.--Part B of title IV of the Carl D. Perkins Vocational and Applied Technology Education Act (20 U.S.C. 2411 et seq.). (9) Certain bilingual programs.--Subsections (b) and (c) of section 441 of the Carl D. Perkins Vocational and Applied Technology Education Act (20 U.S.C. 2441). (c) Community School Partnerships.--The Community School Partnership Act (contained in part B of title V of the Improving America's Schools Act of 1994 (20 U.S.C. 1070 note) is repealed. (d) Educational Research, Development, Dissemination, and Improvement Act of 1994.--Section 941(j) of the Educational Research, Development, Dissemination, and Improvement Act of 1994 (20 U.S.C. 6041(j)) is repealed. (e) Elementary and Secondary Education Act of 1965.--The following provisions are repealed: (1) Innovative elementary school transition projects.-- Section 1503 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6493). (2) School dropout assistance.--Part C of title V of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7261 et seq.). (3) Impact Aid Program.--Section 8006 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7706) is repealed. (4) Special programs and projects to improve educational opportunities for indian children.--Subpart 2 of part A of title IX of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7831 et seq.). (5) Special programs relating to adult education for indians.--Subpart 3 of part A of title IX of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7851 et seq.). (6) Federal administration.--Subpart 5 of part A of title IX of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7871 et seq.). (7) Authorization of appropriations.--Subsections (b) and (c) of section 9162 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7882). (8) De lugo territorial education improvement program.-- Part H of title X of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8221). (9) Extended time for learning and longer school year.-- Part L of title X of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8351). (10) Territorial assistance.--Part M of title X of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8371). (f) Family and Community Endeavor Schools.--The Family and Community Endeavor Schools Act (42 U.S.C. 13792) is repealed. (g) Goals 2000: Educate America Act.--Section 601(b) of the Goals 2000: Educate America Act (20 U.S.C. 5951(b)) is repealed. (h) Higher Education Act of 1965.--The following provisions are repealed: (1) State and local programs for teacher excellence.--Part A of title V of the Higher Education Act of 1965 (20 U.S.C. 1102 et seq.). (2) National teacher academies.--Part B of title V of the Higher Education Act of 1965 (20 U.S.C. 1103 et seq.). (3) Class size demonstration grant.--Subpart 3 of part D of title V of the Higher Education Act of 1965 (20 U.S.C. 1109 et seq.). (4) Middle school teaching demonstration programs.--Subpart 4 of part D of title V of the Higher Education Act of 1965 (20 U.S.C. 1110 et seq.). (5) Small state teaching initiative.--Subpart 3 of part F of title V of the Higher Education Act of 1965 (20 U.S.C. 1115). (6) Early childhood education training.--Subpart 5 of part F of title V of the Higher Education Act of 1965 (20 U.S.C. 1117 et seq.). (7) Grants to states for workplace and community transition training for incarcerated youth offenders.--Part E of title X of the Higher Education Act of 1965 (20 U.S.C. 1135g). (i) Higher Education Amendments of 1992.--Part E of title XV of the Higher Education Amendments of 1992 (20 U.S.C. 1070) is repealed. (j) National Literacy Act of 1991.--Section 304 of the National Literacy Act of 1991 is repealed. (k) Rehabilitation Act of 1973.--The following provisions are repealed: (1) Career advancement training consortia.--Subsection (e) of section 302 of such Act (29 U.S.C. 771a(e)). (2) Vocational rehabilitation services for individuals with disabilities.--Section 303 of such Act (29 U.S.C. 772). (3) Loan guarantees for community rehabilitation programs.--Section 304 of such Act (29 U.S.C. 773). (4) Comprehensive rehabilitation centers.--Section 305 of such Act (29 U.S.C. 775). (5) Special demonstration programs.--Subsections (b) and (e) of section 311 of such Act (29 U.S.C. 777a(b) and (e)). (6) Reader services for individuals who are blind.--Section 314 of such Act (29 U.S.C. 777d). (7) Interpreter services for individuals who are deaf.-- Section 315 of such Act (29 U.S.C. 777e). (8) Community service employment pilot programs for individuals with disabilities.--Section 611 of such Act (29 U.S.C. 795). (9) Business opportunities for individuals with disabilities.--Part D of title VI of the Rehabilitation Act of 1973 (29 U.S.C. 795r). (10) Certain demonstration activities.-- (A) Transportation service grants.--Subsection (a) of section 802 of such Act (29 U.S.C. 797a(a)). (B) Projects to achieve high quality placements.-- Subsection (b) of section 802 of such Act (29 U.S.C. 797a(b)). (C) Early intervention demonstration projects.-- Subsection (c) of section 802 of such Act (29 U.S.C. 797a(c)). (D) Transition demonstration projects.--Subsection (d) of section 802 of such Act (29 U.S.C. 797a(d)). (E) Barriers to successful rehabilitation outcomes for minorities.--Subsection (e) of section 802 of such Act (29 U.S.C. 797a(e)). (F) Studies, special projects, and demonstration projects to study management and service delivery.-- Subsection (f) of section 802 of such Act (29 U.S.C. 797a(f)). (G) National commission on rehabilitation services.--Subsection (h) of section 802 of such Act (29 U.S.C. 797a(h)). (H) Model personal assistance services systems.-- Subsection (i) of section 802 of such Act (29 U.S.C. 797a(i)). (I) Demonstration projects to upgrade worker skills.--Subsection (j) of section 802 of such Act (29 U.S.C. 797a(j)). (J) Model systems regarding severe disabilities.-- Subsection (k) of section 802 of such Act (29 U.S.C. 797a(k)). (11) Certain training activities.-- (A) Distance learning through telecommunications.-- Subsection (a) of section 803 of such Act (29 U.S.C. 797b(a)). (B) Training regarding impartial hearing officers.--Subsection (d) of section 803 of such Act (29 U.S.C. 797b(d)). (C) Recruitment and retention of urban personnel.-- Subsection (e) of section 803 of such Act (29 U.S.C. 797b(e)). (l) Stewart B. McKinney Homeless Assistance Act.--Subtitle A of title VII of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11421 et seq.) is repealed. (m) Technology-Related Assistance for Individuals With Disabilities Act of 1988.--Subtitle B of title II of the Technology-Related Assistance for Individuals With Disabilities Act of 1988 is repealed (29 U.S.C. 2241 et seq.).

Clean Books Act - Repeals certain unfunded education programs under various Federal laws. Repeals specified provisions of the Adult Education Act for: (1) business, industry, labor, and education partnerships for workplace literacy; (2) English literacy grants; (3) education programs for commercial drivers; and (4) adult literacy volunteer training. Repeals specified provisions of the Carl D. Perkins Vocational and Applied Technology Education Act for: (1) other State-administered programs; (2) State assistance for vocational education support programs by community-based organizations; (3) consumer and homemaking education; (4) comprehensive career guidance and counseling programs; (5) business-labor-education partnerships for training; (6) supplementary State grants for facilities and equipment and other program improvement activities; (7) community education employment centers and vocational education lighthouse schools; (8) demonstration programs; and (9) certain bilingual programs. Repeals the Community School Partnership Act (contained in the Improving America's Schools Act of 1994). Repeals specified provisions of the Educational Research, Development, Dissemination, and Improvement Act of 1994 for a teacher research dissemination demonstration program. Repeals provisions of the Elementary and Secondary Education Act of 1965 (ESEA) for: (1) innovative elementary school transition projects; (2) school dropout assistance; (3) impact aid program; (4) special programs and projects to improve educational opportunities for Indian children; (5) special programs relating to adult education for Indians; (6) Federal administration of such special programs, including the National Advisory Council on Indian Education; (7) the De Lugo territorial education improvement program; (8) extended time for learning and longer school year; and (9) territorial assistance. Repeals the Family and Community Endeavor Schools Act. Repeals specified provisions of the Goals 2000: Educate America Act for grants for the study, evaluation, and analysis of education systems in other nations. Repeals specified provisions of the Higher Education Act of 1965 for: (1) State and local programs for teacher excellence; (2) national teacher academies; (3) class size demonstration grants; (4) middle school teaching demonstration programs; (5) small State teaching initiative; (6) early childhood education training; and (7) grants to States for workplace and community transition training for incarcerated youth offenders. Amends the Higher Education Amendments of 1992 to eliminate the Olympic Scholarships program. Repeals specified provisions of the Rehabilitation Act of 1973 for: (1) career advancement training consortia; (2) vocational rehabilitation services for individuals with disabilities; (3) loan guarantees for community rehabilitation programs; (4) comprehensive rehabilitation centers; (5) special demonstration programs; (6) reader services for blind individuals; (7) interpreter services for deaf individuals; (8) community service employment pilot programs for individuals with disabilities; and (9) business opportunities for individuals with disabilities. Eliminates certain demonstration activities, including: (1) transportation services grants; (2) projects to achieve high quality placement; (3) early intervention demonstration projects; (4) transition demonstration projects; (5) barriers to successful rehabilitation outcomes for minorities; (6) studies, special projects, and demonstration projects to study management and service delivery; (7) the National Commission on Rehabilitation Services; (8) model personal assistance services systems; (9) demonstration projects to upgrade worker skills; and (10) model systems regarding severe disabilities. Eliminates certain training activities, including: (1) distance learning through telecommunications; (2) training regarding impartial hearing officers; and (3) recruitment and retention of urban personnel. Repeals specified provisions of the Stewart B. McKinney Homeless Assistance Act for grants to State educational agencies for programs of literacy training and academic remediation for adult homeless individuals. Repeals specified provisions of the Technology-Related Assistance for Individuals With Disabilities Act of 1988 for various training and demonstration projects, including programs for technology training, technology transfer, device and equipment redistribution information systems and recycling centers, business opportunities for individuals with disabilities, and products of universal design.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Ensuring Congressional Oversight of Immigration Act''. SEC. 2. AUTHORIZATION SUNSET. The authority exercised by the Secretary of Homeland Security through U.S. Citizenship and Immigration Services on the date of the enactment of this Act shall expire on the date that is 2 years after such enactment date, unless extended by legislation. SEC. 3. PROHIBITION ON USE OF FUNDS. No funds, resources, or fees made available to the Director of U.S. Citizenship and Immigration Services by any Act for any fiscal year, including any deposits into the Immigration Examinations Fee Account established under section 286(m) of the Immigration and Nationality Act (8 U.S.C. 1356(m)), may be used to implement, administer, enforce, or carry out (including through the issuance of any regulations) any of the policy changes set forth or recommended in the following documents (or any substantially similar policy changes issued or taken on or after the date of the enactment of this Act, whether set forth in memorandum, Executive order, regulation, directive, or by other action): (1) The memorandum from the Director of U.S. Immigration and Customs Enforcement entitled ``Civil Immigration Enforcement: Priorities for the Apprehension, Detention, and Removal of Aliens'' dated March 2, 2011. (2) The memorandum from the Director of U.S. Immigration and Customs Enforcement entitled ``Exercising Prosecutorial Discretion Consistent with the Civil Immigration Enforcement Priorities of the Agency for the Apprehension, Detention, and Removal of Aliens'' dated June 17, 2011. (3) The memorandum from the Director of U.S. Immigration and Customs Enforcement entitled ``Prosecutorial Discretion: Certain Victims, Witnesses, and Plaintiffs'' dated June 17, 2011. (4) The U.S. Citizenship and Immigration Services policy memorandum entitled ``Revised Guidance for the Referral of Cases and Issuance of Notices to Appear (NTAs) in Cases Involving Inadmissible and Removable Aliens'' dated November 7, 2011. (5) The memorandum from the Principal Legal Advisor of U.S. Immigration and Customs Enforcement entitled ``Case-by-Case Review of Incoming and Certain Pending Cases'' dated November 17, 2011. (6) The recommendations included in the report from the Director of U.S. Immigration and Customs Enforcement entitled ``ICE Response to the Task Force on Secure Communities Findings and Recommendations'' dated April 27, 2012. (7) The memorandum from the Secretary of Homeland Security entitled ``Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children'' dated June 15, 2012. (8) The memorandum from the Director of U.S. Immigration and Customs Enforcement entitled ``Civil Immigration Enforcement: Guidance on the Use of Detainers in the Federal, State, Local, and Tribal Criminal Justice Systems'' dated December 21, 2012. (9) The U.S. Citizenship and Immigration Services policy memorandum entitled ``Adjudication of Adjustment of Status Applications for Individuals Admitted to the United States Under the Visa Waiver Program'' dated November 14, 2013. (10) The memorandum from the Secretary of Homeland Security entitled ``Policies for the Apprehension, Detention and Removal of Undocumented Immigrants'' dated November 20, 2014. (11) The memorandum from the Secretary of Homeland Security entitled ``Secure Communities'' dated November 20, 2014. (12) The memorandum from the Secretary of Homeland Security entitled ``Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children and with Respect to Certain Individuals Who Are the Parents of U.S. Citizens or Permanent Residents'' dated November 20, 2014. (13) The memorandum from the Secretary of Homeland Security entitled ``Expansion of the Provisional Waiver Program'' dated November 20, 2014. (14) The memorandum from the Secretary of Homeland Security entitled ``Policies Supporting U.S. High-Skilled Businesses and Workers'' dated November 20, 2014. (15) The memorandum from the Secretary of Homeland Security entitled ``Families of U.S. Armed Forces Members and Enlistees'' dated November 20, 2014. (16) The memorandum from the Secretary of Homeland Security entitled ``Directive to Provide Consistency Regarding Advance Parole'' dated November 20, 2014. (17) The memorandum from the Secretary of Homeland Security entitled ``Policies to Promote and Increase Access to U.S. Citizenship'' dated November 20, 2014. (18) The memorandum from the President entitled ``Modernizing and Streamlining the U.S. Immigrant Visa System for the 21st Century'' dated November 21, 2014. (19) The memorandum from the President entitled ``Creating Welcoming Communities and Fully Integrating Immigrants and Refugees'' dated November 21, 2014.

Ensuring Congressional Oversight of Immigration Act This bill terminates the authority exercised by the Department of Homeland Security (DHS) through U.S. Citizenship and Immigration Services (USCIS) two years after enactment of this Act, unless extended by legislation. No funds, fees, or resources available to USCIS may be used to implement specified immigration-related memoranda from the President, DHS, USCIS, or U.S. Immigration and Customs Enforcement.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Animal Welfare Accountability and Transparency Act''. SEC. 2. PUBLIC AVAILABILITY OF REGULATORY RECORDS. Notwithstanding any other provision of law, not later than 90 days after the date of enactment of this Act, the Secretary of Agriculture (referred to in this section as the ``Secretary'') shall maintain and promptly make available to the public in an online searchable database in a machine-readable format on the website of the Department of Agriculture information relating to the administration of the Animal Welfare Act (7 U.S.C. 2131 et seq.) and the Horse Protection Act (15 U.S.C. 1821 et seq.), including-- (1) the entirety of each report of any inspection conducted, and record of any enforcement action taken, under-- (A) either of those Acts; or (B) any regulation issued under those Acts; (2) with respect to the Animal Welfare Act-- (A) the entirety of each annual report submitted by a research facility under section 13 of that Act (7 U.S.C. 2143); and (B) the name, address, and license or registration number of each research facility, exhibitor, dealer, and other person or establishment-- (i) licensed by the Secretary under section 3 or 12 of that Act (7 U.S.C. 2133, 2142); or (ii) registered with the Secretary under section 6 of that Act (7 U.S.C. 2136); and (3) with respect to the Horse Protection Act, the name and address of-- (A) any person that is licensed to conduct any inspection under section 4(c) of that Act (15 U.S.C. 1823(c)); or (B) any organization or association that is licensed by the Department of Agriculture to promote horses through-- (i) the showing, exhibiting, sale, auction, or registry of horses; or (ii) the conduct of any activity that contributes to the advancement of horses. SEC. 3. USE OF ALTERNATIVE DEPRECIATION SYSTEM FOR TAXPAYERS VIOLATING CERTAIN ANIMAL PROTECTION RULES. (a) In General.--Section 168(g)(1) of the Internal Revenue Code of 1986 is amended by striking ``and'' at the end of subparagraph (D), by inserting ``and'' at the end of subparagraph (E), and by inserting after subparagraph (E) the following new subparagraph: ``(F) any property placed in service by a disqualified taxpayer during an applicable period,''. (b) Definitions.--Section 168(g) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(8) Disqualified taxpayer; applicable period.--For purposes of paragraph (1)(F)-- ``(A) Disqualified taxpayer.-- ``(i) In general.--The term `disqualified taxpayer' means any taxpayer if such taxpayer-- ``(I) has been assessed a civil penalty under section 19(b) of the Animal Welfare Act (7 U.S.C. 2149(b)) or section 6(b) of the Horse Protection Act (15 U.S.C. 1825(b)) and either the period for seeking judicial review of the final agency action has lapsed or there has been a final judgment with respect to an appeal of such assessment, or ``(II) has been convicted under section 19(d) of the Animal Welfare Act (7 U.S.C. 2149(d)) or section 6(a) of the Horse Protection Act (15 U.S.C. 1825(a)) and there is a final judgment with respect to such conviction. ``(ii) Aggregation rules.--All persons treated as a single employer under subsection (a) or (b) of section 52, or subsection (m) or (o) of section 414, shall be treated as one taxpayer for purposes of this subparagraph. ``(B) Applicable period.--The term `applicable period' means, with respect to any violation described in subparagraph (A), the 5-taxable-year period beginning with the taxable year in which the period for seeking judicial review of a civil penalty described in subparagraph (A)(i) has lapsed or in which there has been a final judgment entered with respect to the violation, whichever is earlier.''. (c) Conforming Amendment.--The last sentence of section 179(d)(1) is amended by inserting ``or any property placed in service by a disqualified taxpayer (as defined in section 168(g)(8)(A)) during an applicable period (as defined in section 168(g)(8)(B))'' after ``section 50(b)''. (d) Effective Date.--The amendments made by this section shall apply to property placed in service in taxable years beginning after the date of the enactment of this section.

Animal Welfare Accountability and Transparency Act This bill requires the Department of Agriculture (USDA) to maintain and publicly disclose records relating to the administration of the Animal Welfare Act and the Horse Protection Act, including specified details regarding inspections, enforcement actions, regulations, registrations, and licenses under the two laws. Within 90 days of the enactment of this bill, USDA must make the records available to the public in an online searchable database in a machine-readable format on its website. The bill also amends the Internal Revenue Code to require a taxpayer who has been convicted or assessed civil penalties for violating certain provisions of the Animal Welfare Act or the Horse Protection Act to use the alternative depreciation system that increases the number of years over which property is depreciated. The taxpayer must use the system for any property placed in service during the five-year period beginning with the year in which the period for seeking judicial review of a civil penalty has lapsed or in which there has been a final judgment entered with respect to the violation, whichever is earlier.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Ethiopia Democracy and Accountability Act of 2007''. SEC. 2. STATEMENT OF POLICY. It is the policy of the United States to-- (1) support the advancement of human rights, democracy, independence of the judiciary, freedom of the press, peacekeeping capacity building, and economic development in the Federal Democratic Republic of Ethiopia; (2) seek the unconditional release of all political prisoners and prisoners of conscience in Ethiopia; (3) foster stability, democracy, and economic development in the region; (4) support humanitarian assistance efforts, especially in the Ogaden region; (5) collaborate with Ethiopia in the Global War on Terror; and (6) strengthen United States-Ethiopian relations based on the policy objectives specified in paragraphs (1) through (5). SEC. 3. SUPPORT FOR HUMAN RIGHTS IN ETHIOPIA. The Secretary of State shall-- (1) provide financial support to local and national human rights groups and other relevant civil society organizations to help strengthen human rights monitoring and regular reporting on human rights conditions in Ethiopia; (2) provide legal support, as needed, for political prisoners and prisoners of conscience in Ethiopia and assist local, national, and international groups that are active in monitoring the status of political prisoners and prisoners of conscience in Ethiopia; (3) seek to promote and bolster the independence of the Ethiopian judiciary through-- (A) facilitation of joint discussions between court personnel, officials from the Ethiopian Ministry of Justice, relevant members of the legislature, and civil society representatives on international human rights standards; and (B) encouraging exchanges between Ethiopian and United States jurists, law schools, law professors, and law students, especially in legal fields such as constitutional law, role of the judiciary, due process, political and voting rights, criminal law and procedure, and discrimination; (4) establish a program, in consultation with Ethiopian civil society, to provide for a judicial monitoring process, consisting of indigenous organizations, international organizations, or both, to monitor judicial proceedings throughout Ethiopia, with special focus on unwarranted government intervention on matters that are strictly judicial in nature, and to report on actions needed to strengthen an independent judiciary; (5) establish a program, in consultation with Ethiopian civil society, and provide support to other programs, to strengthen independent media in Ethiopia, including training, and technical support; (6) expand the Voice of America's Ethiopia program; (7) support efforts of the international community to gain full and unfettered access to the Ogaden region for-- (A) humanitarian assistance organizations; and (B) independent human rights experts; and (8) work with appropriate departments and agencies of the Government of the United States and appropriate officials of foreign governments-- (A) to identify members of the Mengistu Haile Mariam regime and officials of the current Government of Ethiopia who were engaged in gross human rights violations, including those individuals who may be residing in the United States; and (B) to support and encourage the prosecution of individuals identified under subparagraph (A) in the United States or Ethiopia. SEC. 4. SUPPORT FOR DEMOCRATIZATION IN ETHIOPIA. (a) Strengthening Local, Regional, and National Democratic Processes.--The Secretary of State shall-- (1) provide assistance to strengthen local, regional, and national parliaments and governments in Ethiopia, as needed; (2) establish a program focused on reconciliation efforts between the Government of Ethiopia and political parties, including in minority communities, in preparation for negotiation and for participation in the political process; and (3) provide training for civil society groups in election monitoring in Ethiopia. (b) Democracy Enhancement.-- (1) Assistance.--United States technical assistance for democracy promotion in Ethiopia should be made available to all political parties and civil society groups in Ethiopia. (2) Restriction.-- (A) In general.--Nonessential United States assistance shall not be made available to the Government of Ethiopia if the Government of Ethiopia acts to obstruct United States technical assistance to advance human rights, democracy, independence of the judiciary, freedom of the press, economic development, and economic freedom in Ethiopia. (B) Definition.--In this paragraph, the term ``nonessential United States assistance'' means assistance authorized under any provision of law, other than humanitarian assistance, food aid programs, assistance to combat HIV/AIDS and other health care assistance, peacekeeping assistance, and counter- terrorism assistance. SEC. 5. ENSURING GOVERNMENT SUPPORT FOR HUMAN RIGHTS, DEMOCRACY, AND ECONOMIC DEVELOPMENT IN ETHIOPIA. (a) Limitation on Security Assistance; Travel Restrictions.-- (1) Limitation on security assistance.-- (A) In general.--Except as provided in subparagraph (B), security assistance shall not be provided to Ethiopia until such time as the certification described in paragraph (3) is made in accordance with such paragraph. (B) Exception.--Subparagraph (A) shall not apply with respect to peacekeeping assistance, counter- terrorism assistance, or international military education and training for civilian personnel under section 541 of the Foreign Assistance Act of 1961 (commonly referred to as ``Expanded IMET''). Peacekeeping or counter-terrorism assistance provided to Ethiopia shall not be used for any other security- related purpose or to provide training to security personnel or units against whom there is credible evidence of gross human rights abuses or violations. (2) Travel restrictions.--Beginning on the date that is 60 days after the date of the enactment of this Act and until such time as the certification described in paragraph (3) is made in accordance with such paragraph, the President shall deny a visa and entry into the United States to-- (A) any official of the Government of Ethiopia-- (i) who has been involved in giving orders to use lethal force against peaceful demonstrators or police officers in Ethiopia; or (ii) against whom there is credible evidence of gross human rights abuses or violations; (B) security personnel of the Government of Ethiopia who were involved in the June or November 2005 shootings of demonstrators; (C) security personnel responsible for murdering Etenesh Yemam; and (D) security personnel responsible for murdering prisoners at Kaliti prison in the aftermath of the election violence in 2005. (3) Certification.--The certification described in this paragraph is a certification by the President to Congress that the Government of Ethiopia is making credible, quantifiable efforts to ensure that-- (A) all political prisoners and prisoners of conscience in Ethiopia have been released, their civil and political rights restored, and their property returned; (B) prisoners held without charge or kept in detention without fair trial in violation of the Constitution of Ethiopia are released or receive a fair and speedy trial, and prisoners whose charges have been dismissed or acquitted and are still being held are released without delay; (C) the Ethiopian judiciary is able to function independently and allowed to uphold the Ethiopian Constitution and international human rights standards; (D) security personnel involved in the unlawful killings of demonstrators and others, including Etenesh Yemam, and Kaliti prisoners are held accountable; (E) family members, friends, legal counsel, medical personnel, human rights advocates, and others have access, consistent with international law, to visit detainees in Ethiopian prisons; (F) print and broadcast media in Ethiopia are able to operate free from undue interference and laws restricting media freedom, including sections of the Ethiopian Federal Criminal Code, are revised; (G) licensing of independent radio and television in Ethiopia is open and transparent; (H) Internet access is not restricted by the government and the ability of citizens to freely send and receive electronic mail and otherwise obtain information is guaranteed; (I) the National Election Board (NEB) includes representatives of political parties with seats in the Ethiopian Parliament and the NEB functions independently in its decision-making; (J) representatives of international human rights organizations engaged in human rights monitoring work, humanitarian aid work, or investigations into human rights abuses in Ethiopia are admitted to Ethiopia and allowed to undertake their work in all regions of the country without undue restriction; and (K) Ethiopian human rights organizations are able to operate in an environment free of harassment, intimidation, and persecution. (4) Waiver.-- (A) In general.--The President may waive the application of paragraph (1) or (2) on a case-by-case basis if the President determines that such a waiver is in the national security interests of the United States. (B) Notification.--Prior to granting a waiver under the authority of subparagraph (A), the President shall transmit to Congress a notification that includes the reasons for the waiver. (b) Treatment of Political Prisoners and Prisoners of Conscience.-- (1) In general.--The President, the Secretary of State, and other relevant officials of the Government of the United States shall call upon the Government of Ethiopia to immediately-- (A) release any and all remaining political prisoners and prisoners of conscience, especially prisoners held without charge; and (B) allow full and unfettered access to the Ogaden region by humanitarian aid organizations and international human rights investigators. (2) Torture victim relief.--While it is the responsibility of the Government of Ethiopia to compensate the victims of unlawful imprisonment and torture and their families for their suffering and losses, the President shall provide assistance for the rehabilitation of victims of torture in Ethiopia at centers established for such purposes pursuant to section 130 of the Foreign Assistance Act of 1961 (22 U.S.C. 2152). (c) Sense of Congress.--It is the sense of Congress that the Government of the United States should-- (1) encourage the Government of Ethiopia to enter into discussions with opposition political groups interested in reconciliation in order to bring such groups into full participation in the political and economic affairs of Ethiopia, including their legalization as political parties, and provide such assistance as is warranted and necessary to help achieve the goal described in this paragraph; and (2) provide assistance to promote the privatization of government owned or controlled industries and properties in Ethiopia. SEC. 6. SUPPORT FOR ECONOMIC DEVELOPMENT IN ETHIOPIA. (a) Resource Policy Assistance.--The President, acting through the Administrator of the United States Agency for International Development and in cooperation with the World Bank and other donors, shall provide assistance, as needed, for sustainable development of Ethiopia's Nile and Awash River resources, including assistance to help Ethiopia with the technology necessary for the construction of irrigation systems and hydroelectric power that might prevent future famine. (b) Health Care Assistance.--The President, acting through the Administrator of the United States Agency for International Development, shall provide material support to hospitals, clinics, and health care centers in Ethiopia, especially hospitals, clinics, and health care centers in rural areas. SEC. 7. REPORT. Not later than 180 days after the date of the enactment of this Act, the President shall transmit to Congress a report on the implementation of this Act, including a description of a comprehensive plan to address issues of security, human rights, including in the Ogaden region, democratization, and economic freedom that potentially threaten the stability of Ethiopia. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated to carry out this Act $20,000,000 for each of the fiscal years 2008 and 2009. (b) Availability.--Amounts appropriated pursuant to the authorization of appropriations under subsection (a) are authorized to remain available until expended. Passed the House of Representatives October 2, 2007. Attest: LORRAINE C. MILLER, Clerk.

Ethiopia Democracy and Accountability Act of 2007 - (Sec. 2) States that is U.S. policy to: (1) support human rights, democracy, independence of the judiciary, freedom of the press, peacekeeping capacity building, and economic development in the Federal Democratic Republic of Ethiopia; (2) collaborate with Ethiopia in the Global War on Terror; (3) seek the release of all political prisoners and prisoners of conscience in Ethiopia; (4) foster stability, democracy, and economic development in the region; (5) support humanitarian assistance efforts, especially in the Ogaden region; and (6) strengthen U.S.-Ethiopian relations. (Sec. 3) Directs the Secretary of State to take specified actions to support human rights and democratization in Ethiopia. (Sec. 5) Prohibits until the President makes specified congressional certifications: (1) security assistance to Ethiopia, with exceptions for peacekeeping, military education and training for civilian personnel, or counter-terrorism assistance; and (2) U.S. entry of any Ethiopian official involved in giving orders to use lethal force against peaceful demonstrators or accused of gross human rights violations, and government security personnel involved in specified shootings of demonstrators or prisoners, or murdering Etenesh Yemam. Authorizes the President, after congressional notification, to waive such prohibitions for national security purposes. Directs the President, the Secretary, and other relevant U.S. government officials to call upon the government of Ethiopia to: (1) release all remaining political prisoners and prisoners of conscience, especially prisoners held without charge; and (2) allow full access to the Ogaden region by humanitarian aid organizations and international human rights investigators. Directs the President to provide assistance for the rehabilitation of Ethiopian torture victims. Expresses the sense of Congress that the U.S. government should: (1) encourage the government of Ethiopia to enter into discussions with peaceful political groups to bring them into full participation in Ethiopia's political and economic affairs; and (2) provide necessary assistance to help achieve such goal. (Sec. 6) Directs the President to provide Ethiopia with assistance to: (1) develop Ethiopia's Nile and Awash River resources, including assistance for the construction of irrigation systems and hydroelectric power that might prevent future famine; and (2) support hospitals, clinics, and health care centers, especially in rural areas. (Sec. 7) Directs the President to report to Congress respecting implementation of this Act. (Sec. 8) Authorizes FY2008-FY2009 appropriations.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Ultrasound Informed Consent Act''. SEC. 2. AMENDMENT TO THE PUBLIC HEALTH SERVICE ACT. The Public Health Service Act (42 U.S.C. 201 et seq.) is amended by adding at the end the following: ``TITLE XXX--INFORMED CONSENT ``SEC. 3001. DEFINITIONS. ``In this title: ``(1) Abortion.--The term `abortion' means the intentional use or prescription of any instrument, medicine, drug, or any other substance or device or method to terminate the life of an unborn child, or to terminate the pregnancy of a woman known to be pregnant with an intention other than-- ``(A) to produce a live birth and preserve the life and health of the child after live birth; or ``(B) to remove an ectopic pregnancy, or to remove a dead unborn child who died as the result of a spontaneous abortion, accidental trauma, or a criminal assault on the pregnant female or her unborn child. ``(2) Abortion provider.--The term `abortion provider' means any person legally qualified to perform an abortion under applicable Federal and State laws. ``(3) Unborn child.--The term `unborn child' means a member of the species homo sapiens, at any stage of development prior to birth. ``(4) Woman.--The term `woman' means a female human being whether or not she has reached the age of majority. ``(5) Unemancipated minor.--The term `unemancipated minor' means a minor who is subject to the control, authority, and supervision of his or her parents or guardians, as determined under State law. ``SEC. 3002. REQUIREMENT OF INFORMED CONSENT. ``(a) Requirement of Compliance by Providers.--Any abortion provider in or affecting interstate or foreign commerce, who knowingly performs any abortion, shall comply with the requirements of this title. ``(b) Performance and Review of Ultrasound.--Prior to a woman giving informed consent to having any part of an abortion performed, the abortion provider who is to perform the abortion, or certified technician working in conjunction with the provider, shall-- ``(1) perform an obstetric ultrasound on the pregnant woman; ``(2) provide an explanation of the results of the ultrasound; ``(3) display the ultrasound images so that the pregnant woman may view them; and ``(4) provide a medical description of the ultrasound images, which shall include the dimensions of the embryo or fetus, cardiac activity if present and viable, and the presence of external members and internal organs, if present and viewable. ``(c) No Requirement To View Ultrasound Images.--Nothing in this section shall be construed to require a woman to view the ultrasound images. Neither the abortion provider nor the woman shall be subject to any penalty if she refuses to look at the presented ultrasound images. ``SEC. 3003. EXCEPTION FOR MEDICAL EMERGENCIES. ``(a) Exception.--The provisions of section 3002 shall not apply to an abortion provider in the case that the abortion is necessary to save the life of a mother whose life is endangered by a physical disorder, physical illness, or physical injury, including a life-endangering physical condition caused by or arising from the pregnancy itself. ``(b) Certification.-- ``(1) In general.--Upon a determination by an abortion provider under subsection (a) that an abortion is necessary to save the life of a mother, such provider shall certify the specific medical conditions that support such determination and include such certification in the medical file of the pregnant woman. ``(2) False statements.--An abortion provider who willfully falsifies a certification under paragraph (1) shall be subject to all the penalties provided for under section 3004 for failure to comply with this title. ``SEC. 3004. PENALTIES FOR FAILURE TO COMPLY. ``(a) In General.--An abortion provider who willfully fails to comply with the provisions of this title shall be subject to civil penalties in accordance with this section in an appropriate Federal court. ``(b) Commencement of Action.--The Attorney General may commence a civil action under this section. ``(c) First Offense.--Upon a finding by a court that a respondent in an action commenced under this section has knowingly violated a provision of this title, the court shall notify the appropriate State medical licensing authority and shall assess a civil penalty against the respondent in an amount not to exceed $100,000. ``(d) Second and Subsequent Offenses.--Upon a finding by a court that the respondent in an action commenced under this section has knowingly violated a provision of this title and the respondent has been found to have knowingly violated a provision of this title on a prior occasion, the court shall notify the appropriate State medical licensing authority and shall assess a civil penalty against the respondent in an amount not to exceed $250,000. ``(e) Private Right of Action.--A pregnant woman upon whom an abortion has been performed in violation of this title, or the parent or legal guardian of such a woman if she is an unemancipated minor, may commence a civil action against the abortion provider for any willful violation of this title for actual and punitive damages.''. SEC. 3. PREEMPTION. Nothing in this Act or the amendments made by this Act shall be construed to preempt any provision of State law to the extent that such State law establishes, implements, or continues in effect greater disclosure requirements regarding abortion than those provided under this Act and the amendments made by this Act. SEC. 4. SEVERABILITY. The provisions of this Act shall be severable. If any provision of this Act, or any application thereof, is found unconstitutional, that finding shall not affect any provision or application of the Act not so adjudicated.

Ultrasound Informed Consent Act - Amends the Public Health Service Act to require abortion providers, before a woman gives informed consent to any part of an abortion, to perform an obstetric ultrasound on the pregnant woman, explain the results, display the ultrasound images so the woman may view them, and provide a medical description of the ultrasound images, including the dimensions of the embryo or fetus and the presence of external members and internal organs, if present and viewable. Provides for: (1) civil penalties for willful failure to comply; and (2) a medical emergency exception. Prohibits construing this Act to require a woman to view the images or penalizing the physician or the woman if she refuses to look at the images.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Home Health Payment Improvement Act of 1999''. SEC. 2. ELIMINATION OF SCHEDULED 15 PERCENT REDUCTION. (a) Prospective Payment System.-- (1) In general.--Section 1895(b)(3)(A) of the Social Security Act (42 U.S.C. 1395fff(b)(3)(A)) is amended-- (A) in clause (i)-- (i) by striking ``but if the reduction in limits described in clause (ii) had been in effect''; and (ii) by striking ``(i) In general.--'' and adjusting the margin accordingly; and (B) by striking clause (ii). (2) Conforming amendment.--Section 1895(d)(3) of such Act (42 U.S.C. 1395fff(d)(3)) is amended by striking ``(including the reduction described in clause (ii) of such subsection)''. (b) Interim Payment System.--Section 4603 of the Balanced Budget Act of 1997 (Public Law 105-33), as amended by section 5101(c)(3) of the Tax and Trade Relief Extension Act of 1998 (Public Law 105-277), is amended by striking subsection (e). SEC. 3. EXTENSION OF REPAYMENT PERIOD FOR OVERPAYMENTS. (a) 60-Month Repayment Period.--In the case of an overpayment by the Secretary of Health and Human Services to a home health agency for home health services furnished under the medicare program during a cost reporting period beginning on or after October 1, 1997, as a result of payment limitations provided for under clause (v), (vi), or (viii) of section 1861(v)(1)(L) of the Social Security Act (42 U.S.C. 1395x(v)(1)(L)), the home health agency may elect to repay the amount of such overpayment over a 60-month period beginning on the date of notification of such overpayment. (b) Interest on Overpayment Amounts.-- (1) 60-month grace period.-- (A) In general.--In the case of an agency that makes an election under subsection (a), no interest shall accrue on the outstanding balance of the amount of overpayment during such 60-month period. (B) Overdue balances.--In the case of such an agency, interest shall accrue on any outstanding balance of the amount of overpayment after termination of such 60-month period. Interest shall accrue under this subparagraph at the rate of interest charged by banks for loans to their most favored commercial customers, as published in the Wall Street Journal on the Friday immediately following the date of the enactment of this Act. (2) Other agencies.--In the case of an agency described in subsection (a) that does not make an election under subsection (a), interest shall accrue on the outstanding balance of the amount of overpayment at the rate described in the second sentence of paragraph (1)(B). (c) Termination.--No election under subsection (a) may be made for cost reporting periods, or portions of cost reporting periods, beginning on or after the date of the implementation of the prospective payment system for home health services under section 1895 of the Social Security Act (42 U.S.C. 1395fff). (d) Effective Date.--The provisions of this section shall take effect as if included in the enactment of the Balanced Budget Act of 1997. SEC. 4. REPORT TO CONGRESS ON ADMINISTRATIVE BURDENS ON MEDICARE HOME HEALTH AGENCIES IN COMPLYING WITH OUTCOME AND ASSESSMENT INFORMATION SET (OASIS) REQUIREMENT. (a) Report to Congress.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Health and Human Services shall submit to Congress and the Comptroller General of the United States a report describing costs incurred by medicare home health agencies in complying with the data collection requirement of patients of such agencies under the Outcome and Assessment Information Set (OASIS) standard as part of the comprehensive assessment of patients. (b) GAO Audit.--The Comptroller General of the United States shall conduct an independent audit of the costs described in subsection (a). Not later than 180 days after receipt of the report under subsection (a), the Comptroller General shall submit to Congress a report describing the Comptroller General's findings with respect to such audit, and shall include comments on the report submitted to Congress by the Secretary of Health and Human Services under subsection (a). (c) Definitions.--In this section: (1) Comprehensive assessment of patients.--The term ``comprehensive assessment of patients'' means the rule published by the Health Care Financing Administration that requires, as a condition of participation in the medicare program, a home health agency to provide a patient-specific comprehensive assessment that accurately reflects the patient's current status and that incorporates the Outcome and Assessment Information Set (OASIS). (2) Outcome and assessment information set.--The term ``Outcome and Assessment Information Set'' means the standard provided under the rule relating to data items that must be used in conducting a comprehensive assessment of patients. SEC. 5. ELIMINATION OF INCREMENTAL BILLING REQUIREMENT. (a) In General.--Section 1895(c)(2) of the Social Security Act (42 U.S.C. 1395fff(c)(2)) is amended by striking ``, as measured in 15 minute increments.'' and inserting a period. (b) Effective Date.--The amendment made by subsection (a) takes effect as if included in the enactment of the Balanced Budget Act of 1997 (Public Law 105-33).

Allows home health agencies to elect to repay certain overpayments made by the Secretary of Health and Human Services over a 60-month no- interest grace period. Makes such an election effective as if included in BBA '97. Directs the Secretary to report to Congress and the Comptroller General (CG) on the costs incurred by Medicare home health agencies in complying with the Outcome and Assessment Information Set (OASIS) patient data collection requirement. Requires the CG to conduct an independent audit of such costs for a report to Congress. Amends SSA title XVIII to eliminate the incremental billing requirement with respect to home health service visits under the Medicare program.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Iran Ballistic Missile Prevention and Sanctions Act of 2016''. SEC. 2. SANCTIONS ON PERSONS THAT TRANSFER TO OR FROM IRAN ADVANCED CONVENTIONAL WEAPONS OR BALLISTIC MISSILES, OR TECHNOLOGY, PARTS, COMPONENTS, OR TECHNICAL INFORMATION RELATED TO ADVANCED CONVENTIONAL WEAPONS OR BALLISTIC MISSILES. (a) In General.--The President shall impose 5 or more of the sanctions described in subsection (b)(1) with respect to a person if the President determines that the person knowingly, on or after the date of enactment of this Act, transfers to or from Iran advanced conventional weapons or ballistic missiles, or technology, parts, components, or technical information related to advanced conventional weapons or ballistic missiles. For purposes of this section, any person or entity described in this subsection shall be referred to as a ``sanctioned person''. (b) Sanctions.-- (1) In general.--The sanctions to be imposed on a sanctioned person under subsection (a) are as follows: (A) Export-import bank assistance for exports to sanctioned persons.--The President may direct the Export-Import Bank of the United States not to give approval to the issuance of any guarantee, insurance, extension of credit, or participation in the extension of credit in connection with the export of any goods or services to any sanctioned person. (B) Export sanction.--The President may order the United States Government not to issue any specific license and not to grant any other specific permission or authority to export any goods or technology to a sanctioned person under-- (i) the Export Administration Act of 1979 (as continued in effect under the International Emergency Economic Powers Act); (ii) the Arms Export Control Act; (iii) the Atomic Energy Act of 1954; or (iv) any other statute that requires the prior review and approval of the United States Government as a condition for the export or reexport of goods or services. (C) Loans from united states financial institutions.--The United States Government may prohibit any United States financial institution from making loans or providing credits to any sanctioned person totaling more than $10,000,000 in any 12-month period unless such person is engaged in activities to relieve human suffering and the loans or credits are provided for such activities. (D) Prohibitions on financial institutions.--The following prohibitions may be imposed against a sanctioned person that is a financial institution: (i) Prohibition on designation as primary dealer.--Neither the Board of Governors of the Federal Reserve System nor the Federal Reserve Bank of New York may designate, or permit the continuation of any prior designation of, such financial institution as a primary dealer in United States Government debt instruments. (ii) Prohibition on service as a repository of government funds.--Such financial institution may not serve as agent of the United States Government or serve as repository for United States Government funds. The imposition of either sanction under clause (i) or (ii) shall be treated as 1 sanction for purposes of subsection (a), and the imposition of both such sanctions shall be treated as 2 sanctions for purposes of subsection (a). (E) Procurement sanction.--The United States Government may not procure, or enter into any contract for the procurement of, any goods or services from a sanctioned person. (F) Foreign exchange.--The President may, pursuant to such regulations as the President may prescribe, prohibit any transactions in foreign exchange that are subject to the jurisdiction of the United States and in which the sanctioned person has any interest. (G) Banking transactions.--The President may, pursuant to such regulations as the President may prescribe, prohibit any transfers of credit or payments between financial institutions or by, through, or to any financial institution, to the extent that such transfers or payments are subject to the jurisdiction of the United States and involve any interest of the sanctioned person. (H) Property transactions.--The President may, pursuant to such regulations as the President may prescribe, prohibit any person from-- (i) acquiring, holding, withholding, using, transferring, withdrawing, transporting, importing, or exporting any property that is subject to the jurisdiction of the United States and with respect to which the sanctioned person has any interest; (ii) dealing in or exercising any right, power, or privilege with respect to such property; or (iii) conducting any transaction involving such property. (I) Ban on investment in equity or debt of sanctioned person.--The President may, pursuant to such regulations or guidelines as the President may prescribe, prohibit any United States person from investing in or purchasing significant amounts of equity or debt instruments of a sanctioned person. (J) Exclusion of corporate officers.--The President may direct the Secretary of State to deny a visa to, and the Secretary of Homeland Security to exclude from the United States, any alien that the President determines is a corporate officer or principal of, or a shareholder with a controlling interest in, a sanctioned person. (K) Sanctions on principal executive officers.--The President may impose on the principal executive officer or officers of any sanctioned person, or on persons performing similar functions and with similar authorities as such officer or officers, any of the sanctions under this paragraph. (2) Inclusion of list of specially designated nationals and blocked persons.--The President shall, pursuant to Executive Order 12938 and 13382, include a person who is a sanctioned person under subsection (a) on the list of specially designated nationals and blocked persons maintained by the Office of Foreign Assets Control of the Department of the Treasury. (c) Waiver.--The President may waive the application of sanctions under this section, on a case by case basis, if the President determines it is in the national security interests of the United States to do so and, not less than 15 days in advance of the issuance of such waiver, submits to Congress justification of the waiver in writing (d) Definitions.--In this section, the terms ``financial institution'', ``Iran'', ``knowingly'', ``person'', and ``United States person'' have the meanings given such terms in section 14 of the Iran Sanctions Act of 1996 (Public Law 104-172; 50 U.S.C. note).

Iran Ballistic Missile Prevention and Sanctions Act of 2016 This bill directs the President to impose five or more sanctions with respect to a person (or an entity) that knowingly transfers to or from Iran advanced conventional weapons or ballistic missiles, or technology, parts, components, or technical information related to advanced conventional weapons or ballistic missiles. Sanctions may include: prohibitions on Export-Import Bank assistance, prohibitions on loans from U.S. financial institutions and other financial services, prohibitions on foreign exchange and other banking transactions, prohibitions on property transactions, prohibitions on exports and federal procurement, prohibitions on equity and debt investment, U.S. exclusion of corporate officers, and imposition of sanctions on principal executive officers. The President shall include a sanctioned person on the list of specially designated nationals and blocked persons maintained by the Department of the Treasury's Office of Foreign Assets Control. The President may, with prior congressional notice, waive the application of sanctions on a case-by-case basis if in the U.S. national security interests.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Human Cloning Prohibition Act of 2105''. SEC. 2. FINDINGS. Congress finds that-- (1) some individuals have announced that they will continue attempts to clone human beings using the technique known as somatic cell nuclear transfer already used with limited success in sheep and other animals; (2) nearly all scientists agree that such attempts pose a massive risk of producing children who are stillborn, unhealthy, or severely disabled, and considered opinion is virtually unanimous that such attempts are therefore grossly irresponsible and unethical; (3) efforts to create human beings by cloning mark a new and decisive step toward turning human reproduction into a manufacturing process in which children are made in laboratories to preordained specifications and, potentially, in multiple copies; (4) because it is an asexual form of reproduction, cloning confounds the meaning of ``father'' and ``mother'' and confuses the identity and kinship relations of any cloned child, and thus threatens to weaken existing notions regarding who bears which parental duties and responsibilities for children; (5) because cloning requires no personal involvement by the person whose genetic material is used, cloning could easily be used to reproduce living or deceased persons without their consent; (6) creating cloned live-born human children (sometimes called ``reproductive cloning'') necessarily begins by creating cloned human embryos, a process which some also propose as a way to create embryos for research or as sources of cells and tissues for possible treatment of other humans; (7) the prospect of creating new human life solely to be exploited and destroyed in this way has been condemned on moral grounds by many, including supporters of a right to abortion, as displaying a profound disrespect for life, and recent scientific advances with adult stem cells indicate that there are fruitful and morally unproblematic alternatives to this approach; (8) in order to be effective, a ban on human cloning must stop the cloning process at the beginning because-- (A) cloning would take place within the privacy of a doctor-patient relationship; (B) the transfer of embryos to begin a pregnancy is a simple procedure; and (C) any government effort to prevent the transfer of an existing embryo, or to prevent birth once the transfer has occurred, would raise substantial moral, legal, and practical issues, so that it will be nearly impossible to prevent attempts at ``reproductive cloning'' once cloned human embryos are available in the laboratory; (9) the scientifically and medically useful practices of cloning of DNA fragments, known as molecular cloning, the duplication of somatic cells (or stem cells) in tissue culture, known as cell cloning, and whole-organism or embryo cloning of nonhuman animals are appropriate uses of medical technology; (10) in the preamble to the 1998 Additional Protocol on the Prohibition of Cloning Human Beings the Council of Europe agreed that ``the instrumentalisation of human beings through the deliberate creation of genetically identical human beings is contrary to human dignity and thus constitutes a misuse of biology and medicine''; (11) collaborative efforts to perform human cloning are conducted in ways that affect interstate and even international commerce, and the legal status of cloning will have a great impact on how biotechnology companies direct their resources for research and development; (12) at least 23 countries have banned all human cloning, including Canada, France, and Germany; (13) the United Nations has passed a declaration calling for all human cloning to be banned by member nations; and (14) cloned human embryos have been created in a few cases, to be destroyed to extract embryonic stem cells; these few successes substantially increase the risk for exploitation of women for human eggs needed to create clones, and continued experimentation makes it more likely that there will be attempts to gestate cloned human embryos to birth. SEC. 3. PROHIBITION ON HUMAN CLONING. (a) In General.--Title 18, United States Code, is amended by inserting after chapter 15 the following: ``CHAPTER 16--HUMAN CLONING ``Sec. ``301. Definitions. ``302. Prohibition on human cloning. ``Sec. 301. Definitions ``In this chapter: ``(1) Human cloning.--The term `human cloning' means human asexual reproduction, accomplished by introducing the nuclear material of a human somatic cell into a fertilized or unfertilized oocyte whose nucleus has been removed or inactivated to produce a living organism (at any stage of development) with a human or predominantly human genetic constitution. ``(2) Somatic cell.--The term `somatic cell' means a diploid cell (having a complete set of chromosomes) obtained or derived from a living or deceased human body at any stage of development. ``Sec. 302. Prohibition on human cloning ``(a) In General.--It shall be unlawful for any person or entity, public or private, in or affecting interstate commerce-- ``(1) to perform or attempt to perform human cloning; ``(2) to participate in an attempt to perform human cloning; or ``(3) to ship or receive the product of human cloning for any purpose. ``(b) Importation.--It shall be unlawful for any person or entity, public or private, to import the product of human cloning for any purpose. ``(c) Penalties.-- ``(1) In general.--Any person or entity that is convicted of violating any provision of this section shall be fined under this section or imprisoned not more than 10 years, or both. ``(2) Civil penalty.--Any person or entity that is convicted of violating any provision of this section shall be subject to, in the case of a violation that involves the derivation of a pecuniary gain, a civil penalty of not less than $1,000,000 and not more than an amount equal to the amount of the gross gain multiplied by 2, if that amount is greater than $1,000,000. ``(d) Scientific Research.--Nothing in this section shall restrict areas of scientific research not specifically prohibited by this section, including research in the use of nuclear transfer or other cloning techniques to produce molecules, DNA, cells other than human embryos, tissues, organs, plants, or animals other than humans.''. (b) Clerical Amendment.--The table of chapters for part I of title 18, United States Code, is amended by inserting after the item relating to chapter 15 the following: ``16. Human Cloning......................................... 301''.

Human Cloning Prohibition Act of 2105 This bill amends the federal criminal code to prohibit human cloning for reproductive and research purposes. Specifically, the bill makes it a crime for any public or private person or entity to: perform, attempt to perform, or participate in an attempt to perform human cloning; or ship, receive, or import a product of human cloning for any purpose. It defines "human cloning" as asexual reproduction by replacing a fertilized or unfertilized egg nucleus with a human somatic (body) cell nucleus to produce a living organism with a human or predominantly human genetic constitution. A person or entity convicted of a human cloning offense is subject to a fine, up to 10 years in prison, or both. A person or entity who profits from such offense is also subject to a civil penalty of at least $1,000,000. This bill does not restrict scientific research using nuclear transfer or other cloning techniques to produce molecules, DNA, cells other than human embryos, tissues, organs, plants, or animals other than humans.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Prostate Cancer Diagnosis and Treatment Act of 1995''. SEC. 2. MEDICARE COVERAGE OF PROSTATE CANCER SCREENING AND CERTAIN DRUG TREATMENTS. (a) Coverage of Screening Services.-- (1) In general.--Section 1861(s)(2) of the Social Security Act (42 U.S.C. 1395x(s)(2)), as amended by section 147(f)(6)(B)(iii) of the Social Security Act Amendments of 1994, is amended-- (A) by striking ``and'' at the end of subparagraph (N); (B) by striking ``and'' at the end of subparagraph (O); and (C) by inserting after subparagraph (O) the following new subparagraph: ``(P) services for the early detection of prostate cancer (as defined in subsection (oo)); and''. (2) Services described.--Section 1861 of such Act (42 U.S.C. 1395x) is amended by adding at the end the following new subsection: ``Services for the Early Detection of Prostate Cancer ``(oo) The term `services for the early detection of prostate cancer' means the following procedures provided to a man for the purpose of early detection of prostate cancer: ``(1) Digital rectal examination. ``(2) Prostate-specific antigen blood test. ``(3) Transrectal ultrasonography. ``(4) Such other procedures as the Secretary may designate as appropriate for early detection of prostate cancer.''. (3) Payment amounts; limitations on frequency of coverage.--Section 1834 of such Act (42 U.S.C. 1395m) is amended by inserting after subsection (c) the following new subsection: ``(d) Payment Amounts and Frequency Limits for Services for the Early Detection of Prostate Cancer.-- ``(1) In general.--Notwithstanding any other provision of this part, with respect to expenses incurred for services for the early detection of prostate cancer (as defined in section 1861(oo))-- ``(A) payment may be made only for services provided consistent with the frequency permitted under paragraph (2); and ``(B) the amount of the payment under this part shall be equal to 80 percent of the lesser of the actual charge for the service or-- ``(i) in the case of a service for the early detection of prostate cancer consisting of a prostate-specific antigen blood test, the fee schedule amount established for the service under section 1833(h) (relating to payments for clinical diagnostic laboratory tests); or ``(ii) in the case of any other service for the early detection of prostate cancer, the amount provided under the fee schedule established by the Secretary under paragraph (3) (subject to the deductible established under section 1833(b)). ``(2) Frequency covered.-- ``(A) In general.--Subject to subparagraph (B) and to revision by the Secretary under subparagraph (C), no payment may be made under this part for a service for the early detection of prostate cancer provided to an individual-- ``(i) if the individual is under 50 years of age; or ``(ii) if the service is provided within the 11 months after a previous service for the early detection of prostate cancer. ``(B) Exception for high risk individuals.--Payment may be made under this part for a service for the early detection of prostate cancer provided to an individual more frequently than the limit established under subparagraph (A)(ii) if the individual is at a high risk of developing prostate cancer (as determined pursuant to factors identified by the Secretary). ``(C) Revision by secretary.-- ``(i) Review.--The Secretary, in consultation with the Director of the National Cancer Institute, shall review periodically the appropriate frequency for performing services for the early detection of prostate cancer based on age and such other factors as the Secretary believes to be pertinent. ``(ii) Revision of frequency.--The Secretary, taking into consideration the review made under clause (i), may revise from time to time the frequency with which such services may be paid for under this subsection, but no such revision shall apply to services performed before January 1, 1998. ``(3) Establishment of fee schedule.-- ``(A) In general.--The Secretary shall establish fee schedules (on such geographic basis as the Secretary considers appropriate) for payment for services for the early detection of prostate cancer under this part (other than prostate-specific antigen blood tests), effective for services furnished after the expiration of the 90-day period beginning on the date the Secretary establishes the fee schedules. ``(B) Factors considered.--In establishing fee schedules under subparagraph (A), the Secretary shall take into consideration variations in the cost of furnishing such services among geographic areas and among different sites where services are furnished, together with such other factors as may be appropriate to assure that payment amounts are equitable. ``(4) Limiting charges of nonparticipating physicians.--In the case of a service for the early detection of prostate cancer for which payment may be made under this part, if a nonparticipating physician or nonparticipating supplier or other person (as defined in section 1842(i)(2)) who does not accept payment on an assignment-related basis provides the service to an individual enrolled under this part, section 1848(g)(1) shall apply to the service in the same manner as such section applies to a physician's service.''. (4) Conforming amendments.--(A) Paragraphs (1)(D) and (2)(D) of section 1833(a) of such Act (42 U.S.C. 1395l(a)) are each amended by striking ``subsection (h)(1),'' and inserting ``subsection (h)(1) or section 1834(d)(1)(B)(i),''. (B) Section 1833(a)(1) of such Act (42 U.S.C. 1395l(a)(1)) is amended-- (i) by striking ``and (P)'' and inserting ``(P)''; and (ii) by striking the semicolon at the end and inserting the following: ``, and (Q) with respect to services for the early detection of prostate cancer (as defined in section 1861(oo)) (other than prostate- specific antigen tests), the amounts paid shall be the amounts described in section 1834(d)(1);''. (C) Section 1833(a) of such Act (42 U.S.C. 1395l(a)) is amended-- (i) by striking ``and'' at the end of paragraph (6); (ii) by striking the period at the end of paragraph (7) and inserting ``; and''; and (iii) by adding at the end the following new paragraph: ``(8) in the case of services for the early detection of prostate cancer (as defined in section 1861(oo)) (other than prostate-specific antigen tests), the amounts described in section 1834(d)(1).''. (D) Section 1833(h)(1)(A) of such Act (42 U.S.C. 1395l(h)(1)(A)) is amended by striking ``The Secretary'' and inserting ``Subject to section 1834(d), the Secretary''. (E) Section 1862(a) of such Act (42 U.S.C. 1395y(a)) is amended-- (i) in paragraph (1)-- (I) in subparagraph (E), by striking ``and'' at the end, (II) in subparagraph (F), by striking the semicolon at the end and inserting ``, and'', and (III) by adding at the end the following new subparagraph: ``(G) in the case of services for the early detection of prostate cancer (as defined in section 1861(oo)), which are performed more frequently than is covered under section 1834(d)(2);''; and (ii) in paragraph (7), by striking ``paragraph (1)(B) or under paragraph (1)(F)'' and inserting ``subparagraphs (B), (F), or (G) of paragraph (1)''. (b) Coverage of Certain Drug Treatments.--Section 1861(s)(2) of the Social Security Act (42 U.S.C. 1395x(s)(2)), as amended by subsection (a)(1), is further amended-- (1) by striking ``and'' at the end of subparagraph (P); (2) by adding ``and'' at the end of subparagraph (Q); and (3) by adding at the end the following new subparagraph: ``(R) an oral drug prescribed for the treatment of prostate cancer, if the use of the drug for such purpose is a medically accepted indication under subsection (t)(2);''. (c) Effective Date.--The amendments made by this section shall apply to services provided on or after January 1, 1996, without regard to whether or not the Secretary has established fee schedules under section 1834(d)(3) of the Social Security Act (as added by subsection (a)(3)) or promulgated other regulations to carry out such amendments by that date. SEC. 3. EARLY DETECTION AND TREATMENT OF PROSTATE CANCER IN VETERANS. (a) Preventive Health Services.--Section 1701(9) of title 38, United States Code is amended-- (1) by redesignating subparagraphs (J) and (K) as subparagraphs (K) and (L), respectively; and (2) by inserting after subparagraph (I) the following new subparagraph (J): ``(J) tests for the early detection and diagnosis of prostate cancer;''. (b) Coverage of Services for Early Detection and Treatment of Prostate Cancer.-- (1) In general.--Chapter 17 of such title is amended by inserting after section 1724 the following new section: ``Sec. 1725. Prostate cancer detection and treatment ``(a) The Secretary shall include in the medical services furnished to veterans under this chapter-- ``(1) services for the early detection and treatment of prostate cancer; ``(2) information on the early detection and treatment of prostate cancer; and ``(3) counseling regarding prostate cancer. ``(b) Based on the best available medical evidence, the Secretary shall implement a schedule for early detection of prostate cancer for veterans confined to hospitals or other institutions. ``(c) For the purposes of this section-- ``(1) services for the early detection of prostate cancer are procedures provided to a male for the purpose of the early detection of prostate cancer, including digital rectal examinations, prostate-specific antigen blood tests, and transrectal ultrasonography; and ``(2) services for treatment of prostate cancer may include the furnishing of drugs approved by the Food and Drug Administration for the treatment of prostate cancer. ``(d) The Secretary may carry out research and research training in the diagnosis and treatment of prostate cancer based upon the prostate cancer services provided under this section and may develop guidelines outlining effective treatment regimens for prostate cancer.''. (2) Clerical amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1724 the following new item: ``1725. Prostate cancer detection and treatment.''. SEC. 4. RESEARCH AND EDUCATION REGARDING PROSTATE CANCER; CERTAIN PROGRAMS OF PUBLIC HEALTH SERVICE. (a) National Institutes of Health.--Section 417B(c) of the Public Health Service Act (42 U.S.C. 286a-8(c)) is amended in the first sentence by striking ``$72,000,000'' and all that follows and inserting the following: ``$86,000,000 for fiscal year 1996, $100,000,000 for fiscal year 1997, $115,000,000 for fiscal year 1998, and $130,000,000 for fiscal year 1999.''. (b) Agency for Health Care Policy and Research.--Section 902 of the Public Health Service Act (42 U.S.C. 299a) is amended by adding at the end the following subsection: ``(f) Activities Regarding Prostate Cancer.--The Administrator shall, with respect to prostate cancer-- ``(1) conduct and support research on the outcomes, effectiveness, and appropriateness of health services and procedures; and ``(2) in carrying out section 912(a), provide for the development, periodic review, and updating of clinically relevant guidelines, standards of quality, performance measures, and medical review criteria.''.

Prostate Cancer Diagnosis and Treatment Act of 1995 - Amends title XVIII (Medicare) of the Social Security Act to provide for coverage of services for the early detection of prostate cancer and certain drug treatments for such cancer. Requires the Secretary of Health and Human Services to establish fee schedules for such services. Amends Federal law to cover such detection and treatment services for veterans as a preventive health service. Amends the Public Health Service Act to authorize appropriations for certain public health programs related to prostate cancer research and education. Directs the Administrator of the Agency for Health Care Policy and Research to: (1) conduct and support prostate cancer health services and screening and treatment procedures; and (2) provide for the development, periodic review, and updating of clinically relevant guidelines, standards of quality, performance measures, and medical review criteria.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``International Remittance Consumer Protection Act of 2004''. SEC. 2. TREATMENT OF REMITTANCE TRANSFERS. (a) In General.--The Electronic Fund Transfer Act (15 U.S.C. 1693 et seq.) is amended-- (1) in section 902(b), by inserting ``and remittance'' after ``electronic fund''; (2) by redesignating sections 918, 919, 920, and 921 as sections 919, 920, 921, and 922, respectively; and (3) by inserting after section 917 the following: ``SEC. 918. REMITTANCE TRANSFERS. ``(a) Disclosures Required for Remittance Transfers.-- ``(1) In general.--Each remittance transfer provider shall make disclosures to consumers, as specified by this section and augmented by regulation of the Board. ``(2) Specific disclosures.--In addition to any other disclosures applicable under this title, a remittance transfer provider shall clearly and conspicuously disclose, in writing and in a form that the consumer may keep, to each consumer requesting a remittance transfer-- ``(A) at the time at which the consumer makes the request, and prior to the consumer making any payment in connection with the transfer-- ``(i) the total amount of currency that will be required to be tendered by the consumer in connection with the remittance transfer; ``(ii) the amount of currency that will be sent to the designated recipient of the remittance transfer, using the values of the currency into which the funds will be exchanged; ``(iii) the total remittance transfer cost, identified as the `Total Cost'; and ``(iv) an itemization of the charges included in clause (iii), as determined necessary by the Board; and ``(B) at the time at which the consumer makes payment in connection with the remittance transfer, if any-- ``(i) a receipt showing-- ``(I) the information described in subparagraph (A); ``(II) the promised date of delivery; ``(III) the name and telephone number or address of the designated recipient; and ``(ii) a notice containing-- ``(I) information about the rights of the consumer under this section to resolve errors; and ``(II) appropriate contact information for the remittance transfer provider and its State licensing authority and Federal or State regulator, as applicable. ``(3) Exemption authority.--The Board may, by rule, and subject to subsection (d)(3), permit a remittance transfer provider-- ``(A) to satisfy the requirements of paragraph (2)(A) orally if the transaction is conducted entirely by telephone; ``(B) to satisfy the requirements of paragraph (2)(B) by mailing the documents required under such paragraph to the consumer not later than 1 business day after the date on which the transaction is conducted, if the transaction is conducted entirely by telephone; and ``(C) to satisfy the requirements of subparagraphs (A) and (B) of paragraph (2) with 1 written disclosure, but only to the extent that the information provided in accordance with paragraph (2)(A) is accurate at the time at which payment is made in connection with the subject remittance transfer. ``(b) Foreign Language Disclosures.--The disclosures required under this section shall be made in English and in the same languages principally used by the remittance transfer provider, or any of its agents, to advertise, solicit, or market, either orally or in writing, at that office, if other than English. ``(c) Remittance Transfer Errors.-- ``(1) Error resolution.-- ``(A) In general.--If a remittance transfer provider receives oral or written notice from the consumer within 365 days of the promised date of delivery that an error occurred with respect to a remittance transfer, including that the full amount of the funds to be remitted was not made available to the designated recipient in the foreign country, the remittance transfer provider shall resolve the error pursuant to this subsection. ``(B) Remedies.--Not later than 90 days after the date of receipt of a notice from the consumer pursuant to subparagraph (A), the remittance transfer provider shall, as applicable to the error and as designated by the consumer-- ``(i) refund to the consumer the total amount of funds tendered by the consumer in connection with the remittance transfer which was not properly transmitted; ``(ii) make available to the designated recipient, without additional cost to the designated recipient or to the consumer, the amount appropriate to resolve the error; ``(iii) provide such other remedy, as determined appropriate by rule of the Board for the protection of consumers; or ``(iv) demonstrate to the consumer that there was no error. ``(2) Rules.--The Board shall establish, by rule, clear and appropriate standards for remittance transfer providers with respect to error resolution relating to remittance transfers, to protect consumers from such errors. ``(d) Applicability of Other Provisions of Law.-- ``(1) Applicability of title 18 and title 31 provisions.--A remittance transfer provider may only provide remittance transfers if such provider is in compliance with the requirements of section 5330 of title 31, United States Code, and section 1960 of title 18, United States Code, as applicable. ``(2) Applicability of this title.--A remittance transfer that is not an electronic fund transfer, as defined in section 903, shall not be subject to any of sections 905 through 913. A remittance transfer that is an electronic fund transfer, as defined in section 903, shall be subject to all provisions of this title that are otherwise applicable to electronic fund transfers under this title. ``(3) Rule of construction.--Nothing in this section shall be construed-- ``(A) to affect the application to any transaction, to any remittance provider, or to any other person of any of the provisions of subchapter II of chapter 53 of title 31, United States Code, section 21 of the Federal Deposit Insurance Act (12 U.S.C. 1829b), or chapter 2 of title I of Public Law 91-508 (12 U.S.C. 1951-1959), or any regulations promulgated thereunder; or ``(B) to cause any fund transfer that would not otherwise be treated as such under paragraph (2) to be treated as an electronic fund transfer, or as otherwise subject to this title, for the purposes of any of the provisions referred to in subparagraph (A) or any regulations promulgated thereunder. ``(e) Publication of Exchange Rates.--The Secretary of the Treasury shall make available to the public in electronic form, not later than noon on each business day, the dollar exchange rate for all foreign currencies, using any methodology that the Secretary determines appropriate, which may include the methodology used pursuant to section 613(b) of the Foreign Assistance Act of 1961 (22 U.S.C. 2363(b)). ``(f) Agents and Subsidiaries.--A remittance transfer provider shall be liable for any violation of this section by any agent or subsidiary of that remittance transfer provider. ``(g) Definitions.--As used in this section-- ``(1) the term `exchange rate fee' means the difference between the total dollar amount transferred, valued at the exchange rate offered by the remittance transfer provider, and the total dollar amount transferred, valued at the exchange rate posted by the Secretary of the Treasury in accordance with subsection (e) on the business day prior to the initiation of the subject remittance transfer; ``(2) the term `remittance transfer' means the electronic (as defined in section 106(2) of the Electronic Signatures in Global and National Commerce Act (15 U.S.C. 7006(2))) transfer of funds at the request of a consumer located in any State to a person in another country that is initiated by a remittance transfer provider, whether or not the consumer is an account holder of the remittance transfer provider or whether or not the remittance transfer is also an electronic fund transfer, as defined in section 903; ``(3) the term `remittance transfer provider' means any person or financial institution that provides remittance transfers on behalf of consumers in the normal course of its business, whether or not the consumer is an account holder of that person or financial institution; ``(4) the term `State' means any of the several States, the Commonwealth of Puerto Rico, the District of Columbia, and any territory or possession of the United States; and ``(5) the term `total remittance transfer cost' means the total cost of a remittance transfer expressed in dollars, including all fees charged by the remittance transfer provider, including the exchange rate fee.''. (b) Effect on State Laws.--Section 919 of the Electronic Fund Transfer Act (12 U.S.C. 1693q) is amended-- (1) in the first sentence, by inserting ``or remittance transfers (as defined in section 918)'' after ``transfers''; and (2) in the fourth sentence, by inserting ``, or remittance transfer providers (as defined in section 918), in the case of remittance transfers,'' after ``financial institutions''. SEC. 3. FEDERAL CREDIT UNION ACT AMENDMENT. Paragraph (12) of section 107 of the Federal Credit Union Act (12 U.S.C. 1757(12)) is amended to read as follows: ``(12) in accordance with regulations prescribed by the Board-- ``(A) to provide remittance transfers, as defined in section 918(h) of the Electronic Fund Transfer Act, to persons in the field of membership; and ``(B) to cash checks and money orders for persons in the field of membership for a fee;''. SEC. 4. AUTOMATED CLEARINGHOUSE SYSTEM. (a) Expansion of System.--The Board of Governors of the Federal Reserve System shall work with the Federal reserve banks to expand the use of the automated clearinghouse system for remittance transfers to foreign countries, with a focus on countries that receive significant remittance transfers from the United States, based on-- (1) the number, volume, and sizes of such transfers; (2) the significance of the volume of such transfers, relative to the external financial flows of the receiving country; and (3) the feasibility of such an expansion. (b) Report to Congress.--Not later than 180 days after the date of enactment of this Act, and on April 30 biannually thereafter, the Board of Governors of the Federal Reserve System shall 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 on the status of the automated clearinghouse system and its progress in complying with the requirements of this section. SEC. 5. EXPANSION OF FINANCIAL INSTITUTION PROVISION OF REMITTANCE TRANSFERS. (a) Provision of Guidelines to Institutions.--Each of the Federal banking agencies (as defined in section 3 of the Federal Deposit Insurance Act) and the National Credit Union Administration shall provide guidelines to financial institutions under the jurisdiction of the agency regarding the offering of low-cost remittance transfers and no-cost or low-cost basic consumer accounts, as well as agency services to remittance transfer providers. (b) Content of Guidelines.--Guidelines provided to financial institutions under this section shall include-- (1) information as to the methods of providing remittance transfer services; (2) the potential economic opportunities in providing low- cost remittance transfers; and (3) the potential value to financial institutions of broadening their financial bases to include persons that use remittance transfers. (c) Assistance to Financial Literacy Commission.--The Secretary of the Treasury and each agency referred to in subsection (a) shall, as part of their duties as members of the Financial Literacy and Education Commission, assist that Commission in improving the financial literacy and education of consumers who send remittances. SEC. 6. STUDY AND REPORT ON REMITTANCES. (a) Study.--The Comptroller General of the United States shall conduct a study and analysis of the remittance transfer system, including an analysis of its impact on consumers. (b) Areas of Consideration.--The study conducted under this section shall include, to the extent that information is available-- (1) an estimate of the total amount, in dollars, transmitted from individuals in the United States to other countries, including per country data, historical data, and any available projections concerning future remittance levels; (2) a comparison of the amount of remittance funds, in total and per country, to the amount of foreign trade, bilateral assistance, and multi-development bank programs involving each of the subject countries; (3) an analysis of the methods used to remit the funds, with estimates of the amounts remitted through each method and descriptive statistics for each method, such as market share, median transaction size, and cost per transaction, including through-- (A) depository institutions; (B) postal money orders and other money orders; (C) automatic teller machines; (D) wire transfer services; and (E) personal delivery services; (4) an analysis of advantages and disadvantages of each remitting method listed in subparagraphs (A) through (E) of paragraph (3); (5) an analysis of the types and specificity of disclosures made by various types of remittance transaction providers to consumers who send remittances; and (6) if reliable data are unavailable, recommendations concerning options for Congress to consider to improve the state of information on remittances from the United States. (c) Report to Congress.--Not later than 1 year after the date of enactment of this Act, the Comptroller General shall 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 on the results of the study conducted under this section.

International Remittance Consumer Protection Act of 2004 - Amends the Electronic Fund Transfer Act to require a remittance transfer provider to: (1) clearly and conspicuously make specified disclosures in writing and in a form that the consumer may keep to each consumer requesting a remittance transfer; and (2) make such disclosures in English and in the same languages principally used by the remittance transfer provider, or its agents at that office, if other than English. Prescribes error resolution guidelines and remedies governing remittance transfer errors. Instructs the Secretary of the Treasury to publish electronically on each business day the foreign currencies dollar exchange rate. Subjects a remittance transfer provider to liability for violations committed by its agents or subsidiaries. Amends the Federal Credit Union Act to empower Federal Credit Unions to: (1) provide remittance transfers to persons in the field of membership; and (2) to cash checks and money orders for such persons for a fee. Directs the Board of Governors of the Federal Reserve System to work with the Federal reserve banks to expand the use of the automated clearinghouse system for remittance transfers to foreign countries. Requires certain Federal banking agencies to provide guidelines to financial institutions regarding the offering of low-cost remittance transfers and no-cost or low-cost basic consumer accounts, as well as agency services to remittance transfer providers. Requires such agencies and the Secretary to assist the Financial Literacy and Education Commission in improving the financial literacy and education of consumers who send remittances.

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